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Minutes 04-21-04 MINUTES OF THE CODE COMPLIANCE BOARD REGULAR MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, APRIL 21, 2004 AT 7:00 P.M. Present Chris DeLiso, Chair Scott Blasie, Code Administrator Michele Costantino, Vice Chair David Tolces, Assistant City Attorney Kathleen Carroll Code Inspectors: Kathy Cook Courtney Cain Robert Foot Luney Guillaume Dr. Dave Rafkin Richard Laverdure Brenda Shamblin Skip Lewis Mike Mellilo Absent Vestiguerne Pierre Pete Roy James Miriana Willie Webb I. Call to Order Members could not agree whether the clock on the wall was the correct time to begin the meeting. Mr. Foot requested that the Recording Secretary contact the Facilities Department to ask that they fix the clock. Chairman DeLiso called the meeting to order at 7:00 p.m. I1. Approval of Minutes Motion Dr. Rafkin moved for approval of the minutes of the March 17, 2004 meeting. Motion seconded by Mr. Foot and unanimously carried. III. Approval of Agenda Inspector Webb reminded members of the audience that if they intend to testify before the Board they must sign in on the list provided by staff. Inspector Webb announced that Case No. 04-692 (Page 51) and Case No. 03-1768 (Page 59) would be heard first since counsel was present. The following changes have been made to the agenda: Case #03-3113, (Page 1), Joseph A. Jean - Tabled for 30 days Case #03-3007, (Page 2), Eliza L. Albury - Complied Case #03-2123 (Page 3), Ridgepointe Woods No. Assn., Inc.-Tabled for 60 days Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 21, 2004 Case #03-2163 (Page 4), Lucile Shelton-Tabled for 60 days Case #03-3219 (Page 5), FIND MSA 635A - Complied Case #04-603 (Page 20), Anthony McCray - Complied Case #04-613 (Page 40), Lillie R. Darville - Complied Case #04-169 (Page 46), Lawrence G. Dawson - Removed Case #03-3178 (Page 58), Richard Parsons- Removed Case #03-2848 (Page 60), Roosevelt Baldon - Closed Motion Vice Chair Costantino moved to accept the agenda, as amended. Motion seconded by Ms. Cook and unanimously carried. Inspector Webb announced that Case No. 03-3106 (Page 29) would be heard after the first two cases. IV. Swearing In of Witnesses and Introduction Inspector Webb called the roll. The Recording Secretary administered the oath to all persons who would be testifying. Chairman DeLiso explained the plea system. V, New Business Case #04-692 James & Marta I. Batmasian, Owner Trellaine Bray Pool Johnnie's Liquor Store & Restaurant, Tenant Property Address: 1550 N. Federal Highway Violation(s): Section 13-15 B.B.C. ORD. Based on numerous calls for service from the City of Boynton Beach Police Department and other related evidence, the business known as Johnnie's Restaurant is deemed to be operating beyond the scope of the occupational license issued by the City of Boynton Beach. This case may be presented before the City of Boynton Beach Code Compliance Board with or without compliance before the scheduled Board hearing per Florida Statute 162. Recurring violation cases may still be brought before the Code Compliance Board even if Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 21, 2004 violations have complied prior to the hearing. Mr. Blasie explained that the case was originally cited on March 30, 2004 as a result of complaints from the neighbors concerning loud noise. The owners were served by certified mail, as well as the tenants, and the case is against the owner and the tenants. Both parties are represented by counsel. Johnnie's Restaurant is licensed as a restaurant and was cited for going beyond the scope of their occupational license and operating as a nightclub. Mr. Blasie had with him evidence that he was prepared to present. However, after speaking with counsel for Johnnie's Restaurant and Mr. Batmasian's office, they parties may be entering a plea. Mr. Blasie requested that the Board consider entering a cease and desist order and the maximum fine of $1,000 allowed by statute for each occurrence. This has been explained to the representatives of the owner and the restaurant and they are agreeable. The order entered tonight would not be recorded; however, if there was a reoccurrence, staff would come back to the Board to request that the order be recorded, which would become a lien against the property. Attorney Melissa Rudman, 215 N. Federal Highway, Suite One, Boca Raton, Florida 33432, was present on behalf of the owners and entered a plea of no contest. Attorney Rudman asked for clarification that the $1,000 fine would not be incurred unless another violation occurred and Mr. Blasie confirmed that this was correct. Attorney Rudman was prepared to present a plan of compliance if the Board wished to see it. Attorney Jan Michael Morris, 1200 N. Federal Highway, Suite 200, Boca Raton, Florida 33432, was present on behalf of the tenants, Johnnie's Liquor Store and Restaurant. Attorney Morris concurred with Mr. Blasie and pled no contest. Attorney Morris stated that his clients have every intention of complying. They have substantially complied and are willing to cooperate with the City in any way to maintain a harmonious relationship. He also concurred with the statements made by Attorney Rudman regarding the fine not being imposed unless another violation occurs. Ms. Shamblin inquired if the operations that the parties were found in violation of have ceased and desisted. Mr. Blasie stated that they have to the best of his knowledge from information he has received from the Police Department. If any reoccurrence did take place, the Police Department would notify the Code Office. Motion Based on the testimony and evidence presented in Case No. 04-692, Vice Chair Costantino moved that a Cease and Desist Order be issued giving James and Marta I. Batmasian, Trellaine Bray Pool and Johnnie's Liquor Store and Restaurant, until April 22, 2004 to bring the violation(s) of the City of Boynton Beach Code Section 13-15 B.B.C. Ord. into compliance. The Board has considered the gravity of the violation, the Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 21, 2004 actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that a fine in the amount of $1,000 per reoccurrence of the violation thereafter shall be imposed upon the Respondent. Motion seconded by Mr. Foot and unanimously carried. Case #03-3106 Michelle L. Hubbard Property Address: 1239 Gondola Lane Violation(s): FBC 01 ED, 104.6 and 105.6. Permit #02-592 has expired. Get extension on old permit or secure new permit and get inspections. See copy of "red tag." Inspector Melillo presented the case. This is a single-family homestead property and the property was cited as a result of a red tag from the Building Department on November 21,2003. Attorney David P. Ginzberg, 3469 W. Boynton Beach Boulevard, Suite 3, Boynton Beach, Florida 33436, was present on behalf of the respondent. Attorney Ginzberg stated that the respondent's contractor has been in communication with the City's Building Official, Don Johnson. The contractor was informed that it would be necessary to present architectural drawings. Therefore, they are requesting three to six months' extension in order to obtain these plans so that the renovations in the bathroom could be completed. Attorney Ginzberg entered a plea of no contest. Inspector Melillo agreed to three months. Chairman DeLiso inquired if an architect has been hired and Attorney Ginzberg stated that they just learned about this requirement and need to retain one. Attorney Ginzberg requested six months, to which the City agreed. Motion Based on the testimony and evidence presented in Case No. 03-3106, Ms. Shamblin moved that this Board find that Michelle Hubbard is in violation of the Florida Building Code '01 Edition, 104.6 and 105.6, and moved to order that the Respondent correct the violation on or before October 21, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $250.00 per day, plus administrative costs, shall be imposed for each day the violation continues past October 21, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. Chairman DeLiso felt that $250 was too steep. Ms. Shamblin was taking into consideration that electrical and plumbing was involved in the violation. Mr. Foot pointed out that the case is old and the respondent was given a six-month extension. 4 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 21, 2004 Vote The motion carried 7-0. Lien Penalty Certifications (Tabled) Case #03-1768 Shadd Vickery 660 Las Palmas Pkwy. Inspector Webb presented the case. The notice of violation date was June 12, 2003 for violation of the Florida Building Code, permits required. Mr. Vickery appeared at the Code Compliance Board hearing held on August 20, 2003. A compliance date of November 18, 2003was set or be fined $25 per day. The property has not yet complied for 154 days of non-compliance. Counsel was present for the respondent and Don Johnson, Building Official, 100 East Boynton Beach Boulevard, West Wing, will represent the City, and was administered the oath by the Recording Secretary. Chairman DeLiso inquired if any progress had been made since the respondent last appeared before the Board. Inspector Webb thought that they made application with the Building Division. Attorney Larry Rochefort, 222 Lakeview Avenue, 4th floor, West Palm Beach, Florida 33401, was present with Kasee Vickery, one of the owners of the property. They were present in December and asked for a deferment. At that time, they informed the Board that they had done everything that the City asked them to do with regard to the plan review comments with one exception. That exception was approval of the dock by the Army Corps of Engineers. They have continued to experience delays with the Army Corps of Engineers that informed him that the application is in process. Attorney Rochefort noted that they have been required to furnish a study with regard to the seagrass and they are moving forward with this as soon as possible. Attorney Rochefort presented into evidence a copy of a newspaper article dealing with the Army Corps of Engineers that citizens have been having problems dealing with that agency. He pointed out in December 2003 there were over 450 applications pending with the Army Corps of Engineers. Attorney Rochefort stated that it takes approximately one year to obtain approval from them and they are eight months into the process and are on track. He pointed out that they have received approval from the DEP and obtained an easement from the owner of the adjacent property, all of which the City required. Attorney Rochefort pointed out that the City informed them that their permit application was expiring and they had to present good cause in order to get the application extended, which they did. Today, they received word from the City that their application has been extended for 90 days. He is hopeful that they will receive approval from the Corps within 120 days. Once that approval is received, they can satisfy the City's requests in order to get their application approved. Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 21, 2004 Attorney Rochefort noted that if the fine were imposed upon his client, it would be substantial and they would have to remove their dock and start all over again. This action could put them back another year because they would have to start all over with the Army Corps of Engineers. He pointed out that his clients have done everything required of them and they cannot move things along any faster. Attorney Rochefort requested that the Board defer the case for another 120 days. Mr. Johnson stated that part of Attorney Rochefort's presentation is true, but not accurate. Mr. Johnson reported that Mr. Vickery secured a permit and built a beautiful and very large home in 2002 at 660 Las Palmas Parkway and was familiar with the permitting process. After the house was CO'd, he built a dock and put in the davits for his boat without obtaining the required permits. The City received many complaints from the neighbors. Mr. Johnson presented a plat map recorded in Palm Beach County showing an ingress- egress easement for the residents that border Mr. Vickery's property. Mr. Johnson discussed this with City Attorney Cherof, who informed him to let the respondents go through the regulatory authorities and when those approvals are obtained, Attorney Cherof will look at the situation. Mr. Johnson presented the map to Attorney Rochefort and then to the Board. By the respondent placing the dock where it is, it has deprived the neighbors of use of the ingress-egress easement. Mr. Johnson presented photographs taken today into evidence as well. Mr. Foot inquired if the ingress-egress problem was something that the City should have to deal with and Mr. Johnson responded that they would have referred it to City Attorney Cherof to review to determine if the dock and davits could be permitted at that location. Attorney Rochefort did not think it was this Board's function to resolve a civil dispute among neighbors and disagreed that the dock and davits interfere with the recorded easement. The recorded plat shows that the easement does not overlap where the dock is located since the dock is immediately to the south. He pointed out that the adjacent property owner has fenced in the right of way to the walkway that runs along side of the Vickery's property, which has nothing to do with his clients. Mr. Johnson asked Attorney Rochefort if the photographs of the dock and davits were the ones in question. Mr. Rochefort stated that the house depicted in the photographs is the Vickery's home. Ms. Shamblin asked if these were the Vickery's dock and davits and Attorney Rochefort stated that they were. Mr. Johnson noted that the residents used to be able to bring their boats to the area where the Vickery's dock now sits and they are now being deprived of this because the Vickery's boat blocks access. Mr. Johnson stated that he received a copy of a letter from the Army Corps of Engineers dated March 23, 2004 from Sharon Niemczyk, Biologist, Project Manager to Mr. Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 21, 2004 Vickery, which he read into the record, a copy of which is on file in the City Clerk's Office. In summary, the letter states that the application drawings were not sufficient to fully evaluate the Vickery's proposal. It also stated that the Corps had several conversations requesting this information and they still have not received the information. The Corps considers the Vickery's application incomplete and they are not taking any action until they receive the requested drawings. The Corps also requested the information within 45 days. If it were not received within that time, the Corps would deactivate the application. Ms. Shamblin asked for clarification on what actually was in violation and was informed it was the entire wooden dock, the davits, the pilings and the superstructure associated with the dock. Ms. Cook inquired if a person made application to the Building Department and there was an easement in question, would the Building Department be prone to grant a permit under those circumstances. Mr. Johnson stated that typically when there is an easement, they would not be granted a permit. Some people in the audience requested to speak. Attorney Rochefort requested an opportunity to rebut any public comments. Julie Szymkowski, 655 Las Palmas Park, submitted various documents into the record regarding the easement that was granted and recorded in 1977 for all owners of Las Palmas Park. She also provided a photograph that showed how the easement was blocked. Ms. Szymkowski requested that Mr. Vickery be required to remove the boatlifts and dock so that the remainder of the residents could enjoy the same rights. She pointed out that this has been going on for a year. She also referred to a copy of the quitclaim deed included in her handout that indicates it included all easements of record. Therefore, she did not feel that the Vickery's neighbor could grant them an easement. The people on Las Palmas would like to have their access space back. Copies of all documents submitted are on file in the City Clerk's Office. Attorney Rochefort stated that people cannot access the waterfront utilizing the easement since the adjacent property owner fenced in the easement that allows access to the water. It is not the result of the dock and the davits being installed. He did not think that the Board should get into the middle of a dispute among property owners in that community. Once they receive the approval from the Army Corps of Engineers, they will deal with the easement issue and the City's ability to grant approval. Attorney Rochefort explained that the respondents own Lot 14 of Las Palmas Park and Lot 1 is where the easement was granted for that lot and the finger canal. All residents of Las Palmas have a non-exclusive easement to drive boats down the finger canal. The owner of Lot 1 also granted Mr. Vickery an easement that has been recorded, which he presented into evidence, a copy of which is on file in the City Clerk's Office. It was the owner of Lot 1 who put up a fence that deprives people the use of the walkway. The dock does not limit boats from gaining access down the finger canal. 7 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 21, 2004 Attorney Rochefort also offered into evidence a letter to Sharon Niemczyk, Project Manager for the Army Corps of Engineer in response to the letter referred to by Mr. Johnson. He pointed out that they have had three specific conversations with Ms. Niemczyk and at no time did she reference any of the requirements referred to in the letter. He feels that their application is merely caught up in a pile of paperwork. Mr. Blasie stated that he also spoke with Ms. Niemczyk about another dock issue in the City and she did state that they are overwhelmed with dock applications. She informed Mr. Blasie that the Corps is giving priority to new projects and projects that are after-the- fact are given less priority. Sally Dalton, 650 Las Palmas noted that the easement extends eight feet into the water. Ms. Szymkowski also pointed out that the easement is 10' down on Lot 1 of Las Palmas Landings. The boat, the dock and the lift totally block the 10' and many people are being deprived of the use of the easement. Kasee Vickery, 660 Las Palmas Park, Boynton Beach, stated that they are doing all that they can to get everything permitted. Mr. Foot inquired instead of certifying the fine could the Board table the case, but increase the amount of the daily fine. Attorney Tolces felt that they could change the amount of the fine. Mr. Foot wanted to increase the fine for the future from $25 per day to $250 per day starting today to bring more pressure on the respondents. Attorney Tolces responded that if the case were tabled, they could not make any changes. The Board, however, could certify the fine and then table the case. Ms. Cook pointed out that if the respondents removed the dock that would stop the fine and they could start the process over again. Chairman DeLiso responded that if the boat dock was removed this would bring the property into compliance. Motion Based on the testimony and evidence presented in Case No. 03-1768, Vice Chair Costantino moved that this Board find that the Respondent has not complied with this Board's Order dated August 20, 2003, and having considered the gravity of the violations, the actions taken by the Respondent and any and all previous violations committed by the Respondent, that this Board impose and certify a fine in the amount of $250 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 Dr. Rafkin. Chairman DeLiso requested that Attorney Tolces determine if, in fact, the fine can be increased. Mr. Foot did not think that the Board could certify a $250 for the past since it Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 21, 2004 was not an announced penalty. He thought that they could start the $250 beginning tonight if this was possible. Attorney Tolces reported that the respondents were notified that if they did not comply a fine of $25 per day would be imposed from a certain date. Therefore, he felt that the Board would have to impose the $25 fine from the date the Board order required them to come into compliance. After that date, based upon any evidence or testimony, Attorney Tolces felt they could impose a different fine, commencing when the subsequent Board order would take effect. However, from an administrative perspective this could cause problems for staff. Vice Chair Costantino amended her motion to certify the fine as of today to $25 per day and from this day forward would be at the higher fine. Attorney Tolces recited from the Code that states: "If the order is not complied with by said date, a certified copy of the order may be recorded in the public records of the County." By certifying the fine, the Board is requesting that a certified copy of the prior order be filed with the public records. Therefore, the amount of the fine could not be changed and must remain at $25 per day. Vice Chair Costantino amended her motion to state $25 per day. Motion seconded by Dr. Rafkin. Attorney Rochefort asked if the fine could be changed to a lump sum fine without requiring his clients to remove the dock and davits in consideration of an extension in order to wait to see how things work out with the Corps and the City Attorney's Office. Chairman DeLiso informed him that there is an appeals process. The Board will certify the fine tonight at $25 per day. When the property comes into compliance, the respondents can come back to the Board for a lien reduction and all this information will be taken into consideration. Attorney Rochefort was informed that the fine has been accruing since November 18, 2003 and will continue until the property is brought into compliance. Mr. Foot was opposed to certifying the lien and made the following motion: Motion Mr. Foot moved to table the motion that has been made for six months as opposed to certifying the fine at this time. The motion died for a lack of a second. Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 21, 2004 Chairman DeLiso called for a vote on the motion to certify the fine at $25 per day. Vote Motion carried 5-2 (Mr. Foot and Ms. Shamblin dissenting). V. New Business Cases to be Heard Case #03-3317 Tyree D. & Carole B. Gaines Property Address: 3320 Ocean Parkway Violation(s): Chapter 15, Article IX-15-120 (D) 1, Inc. Please install sod in the dead areas of yard. Also, repair driveway. Inspector Guillaume presented the case. The property is a single-family homestead dwelling. The property was cited through routine neighborhood inspection on December 30, 2003. The respondents were given 30 days to bring the property into compliance. Tyree Gaines, 3320 Ocean Parkway, pled no contest and asked for 60 days. The City agreed to 60 days. Motion Based on the testimony and evidence presented in Case No. 03-3317, Mr. Foot moved that this Board find that Tyree D. and Carole B. Gaines are in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc., and moved to order that the Respondents correct the violations on or before June 20, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25 per day, plus administrative costs, shall be imposed for each day the violation continues past June 20, 2004. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Costantino and unanimously carried. Case #04-329 Jean R. Alicea Property Address: 12 Crossings Circle G Violation(s): Chapter 15, Article IX-15-120 (E) 2C. Please replace all missing screens. Inspector Guillaume stated that the property was cited as a result of a complaint from the Homeowner's Association. The inspection took place on February 25, 2004 and the respondent was given 10 days for compliance. ]0 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 21, 2004 Chairman DeLiso and Ms. Carroll recused themselves from the case since they are officers of the Homeowners Association. Chairman DeLiso passed the gavel to Vice Chair Costantino. Jean Alicea, 12G Crossing Circle, Boynton Beach 33435, pled no contest. Ms. Alicea pointed out that there were four other buildings with missing screens and no one else received violations. She will replace the screens and requested more time. Ms. Alicea asserted that she was given a notice a week before the election of the board of the homeowner's association and she was running against Mr. DeLiso and Ms. Carroll. She stated that she has had nothing but problems since that time. Ms. Alicea requested 45 days because the screens are odd sizes and she will have to obtain some quotes. The City agreed to 45 days. Motion Based on the testimony and evidence presented in Case No. 04-329, Ms. Shamblin moved that this Board find that Jean R. Alicea is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (E) 2C, and moved to order that the Respondent correct the violations on or before May 21, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day, plus administrative costs, shall be imposed for each day the violation continues past May 21, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Cook. Mr. Foot was of the opinion that the respondent should be given 45 days since the City agreed to this date. He did not think it was the Board's duty to speed up the time period agreed to by the City. Vote Motion carried 4-1 (Mr. Foot dissenting). Case #04-425 Michelle Lewis Property Address: 211 NE 28th Court Violation(s): FBC '01 ED, BBA 104.1.1 and FBC '01 ED 105.6. Permit and inspection required for unpermitted structure in backyard. Inspector Guillaume presented the case. The property is a homestead single-family home and was cited as the result of a complaint from the Fire Department. The inspection took place on March 5, 2004. ]! Meeting Minutes Code Compliance Board Meeting Boynton Beech, Florida April 21, 2004 Michelle Lewis, 211 NE 28th Court, Boynton Beach, Florida pled no contest and asked for 30 days. Ms. Cook inquired what the unpermitted building pertained to and Inspector Guillaume stated that it was a shed. Pictures of the shed were presented to the respondent and then to the Board. Mr. Foot asked the City if they agreed with the 30 days. Chairman DeLiso did not feel that it was the Board's responsibility to ask City staff if they agreed with the time requested; he felt that this was the Board's responsibility. Mr. Foot disagreed with Chairman DeLiso's interpretation of the Board's responsibility and felt that staff should be consulted since they did not request a specific time period. Motion Based on the testimony and evidence presented in Case No. 04-425, Ms. Shamblin moved that this Board find that Michelle Lewis is in violation of the Florida Building Code '01 Edition 104.4.1 and 105.6 of the City Code of Ordinances, and moved to order that the Respondent correct the violations on or before May 21, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day, plus administrative costs, shall be imposed for each day the violation continues past May 21, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Costantino and unanimously carried. Case #03-3107 Lucy Baker Dickey Property Address: 1007 Coral Court Violation(s): FBC '01 ED, 104.6 and FBC '01 ED 105.6. Your Permit #02-2483 has expired. Get extension of permit or secure new permit and get inspections. See copy of "Red Tag." Inspector Melillo presented the case. The property cited is a homestead single-family residence and was originally cited on November 21,2003. Inspector Melillo stated that he has had meetings with the Building Official, Don Johnson, regarding this case. The respondent did obtain a permit to redo the roof and did the work herself. The City's Inspectors stated that the sheeting and the overlap on the tarpaper were not done properly. The permit was extended twice and during this entire process the neighbors have called the City to complain. Inspector Melillo stated that the house looks bad and the respondent is trying to make the repairs on her own. She has since informed Inspector Melillo that she wants to demolish the house. ]2 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 21, 2004 Lucy Baker Dickey, 1007 Coral Court, Boynton Beach 33426, pled no contest and asked for 90 days. Ms. Dickey reported that she intends to demolish the property. Chairman DeLiso explained that she was not being cited for this. Inspector Melillo presented photos of the property to the respondent and then to the Board. Ms. Dickey acknowledged that the house was in disrepair. Chairman DeLiso acknowledged those persons in the audience that wished to speak. He would allow citizens to speak for a maximum of three minutes each. Dennis Henrich, 1045 Coral Drive, Boynton Beach 33426, said that he has lived in this community for five years and the house looked good when Ms. Dickey purchased it. Since that time she has started to do work to it and she took the roof off over two years ago. He would like to see something done with the house. Jim Hurlbert, 1009 Coral Court, Boynton Beach, stated that since Ms. Dickey has purchased the home she started to renovate it and nothing is ever completed. There has been tarpaper on the roof for over two years. He pointed out that she has removed a lot of landscaping and it looks like a desert. This is detrimental to the neighborhood and hurts property values. He pointed to the number of neighbors in the audience that were unhappy with the condition of the respondent's property. He also pointed out that the house looked much better when she purchased it than in its present condition. Robert Tabano, 1008 Coral Court, Boynton Beach, was administered the oath by the Recording Secretary. Mr. Tabano lives across the street from Ms. Baker. He had photographs of the property that he presented to the Board and stated that the property was an eyesore and a nuisance. Ms. Dickey has cut down all the trees and in his opinion the house is not fit to live in. The roof leaks, there is no air conditioning and the respondent continues to get extensions to fix the property. He was opposed to her receiving any more time. He felt that the money she has spent cutting down trees could have paid for a new roof. Chairman DeLiso asked what community the property was located in and was informed it was Treasure Island that has 30 houses. Christine Tetrick, 1010 Coral Court, Boynton Beach stated that since Ms. Dickey has moved into the neighborhood, her house has been an eyesore. First she had a carport full of junk that she never finished and now she plans to demolish the house. She felt that this was going to be a continuous problem because she does not have any money. Chairman DeLiso inquired if there were any liens of the property and was informed that there were none. Vice Chair Costantino asked if the property has been previously cited and was informed it had been cited before. 13 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 21, 2004 Mr. Foot inquired if the City felt that 90 (Jays was appropriate. The City's Building Official informed Inspector Melillo that the respondent should not be given a lot of time because she has not proceeded in a timely manner and needs to have the project done right. Inspector Melillo felt that 90 days was too long. Motion Based on the testimony and evidence presented in Case No. 03-3107, Ms. Shamblin moved that this Board find that Lucy Baker Dickey is in violation of the Florida Building Code '01 Edition 104.6 and 105.6 of the City Code of Ordinances, and moved to order that the Respondent correct the violations on or before May 21, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day, plus administrative costs, shall be imposed for each day the violation continues past May 21, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Costantino. Mr. Foot did not think that 30 days was sufficient time to get the roof done. He requested the motion be amended to 60 days. Ms. Shamblin felt that the roof could be done in two weeks. Vote Motion carried 7-0. Case #04-344 Thomas St. Juste Property Address: 233 NW 5th Court Violation(s): Chapter 15, Article IX-15-120 (D), Inc. Remove all trash off property, including tires. Sod yard and remove or trim hedges off City property. Repair driveway. Inspector Pierre presented the case. The property is a homestead single-family dwelling and the property was cited as the result of a citizen complaint. Jacqueline St. Juste, 455 NE 39th Court, Pompano Beach, Florida pled no contest and asked for 60 days. Attorney Tolces asked what Ms. St. Juste's relationship was to the property owner and she stated that he is her husband. Mr. Foot inquired if this was a repeat violator. Inspector Pierre stated that they are not repeat violators. Motion ]4 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 21, 2004 Based on the testimony and evidence presented in Case No. 04-344, Ms. Cook moved that this Board find that Thomas St. Juste is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) Inc., and moved to order that the Respondent correct the violations on or before June 20, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day, plus administrative costs, shall be imposed for each day the violation continues past June 20, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Dr. Rafkin. Attorney Tolces asked Ms. St. Juste if her husband authorized her to be present tonight and she stated that he did and she is on the deed as well. Inspector Pierre requested a separate motion for the tires. He requested that the tires be removed as soon as possible. Sixty days would be permitted for the other violations. Ms. Cook amended her motion to state that the violation with regard to the tires be corrected to May 1, 2004, otherwise a fine in the amount of $50 per day, plus administrative costs, shall be imposed for each day the violation continues past May 1, 2004. Dr. Rafkin seconded the amended motion. The motion carried 7-0. Case #04-510 Larry A. Gamble, Sr. Property Address: 230 NW 12th Avenue Violation(s): Chapter 15, Article IX-15-120 (D), Inc. Remove all debris off your backyard including your lawn trailer. Inspector Pierre presented the case. The prOperty is a single-family homestead dwelling and was cited as the result of a citizen's complaint. Larry A. Gamble, 230 NW 12th Avenue, Boynton Beach, pled no contest and asked for 60 days. Ms. Cook inquired if there were tires on the property and the respondent stated that there were. Mr. Foot felt that 60 days was too long. Inspector Pierre stated that 60 days was not acceptable for the tires. Mr. Gamble said that he could remove the debris within 30 days and the City felt that 30 days was sufficient for all the debris. Inspector Webb explained that the City does not want tires to accumulate because whenever it rains the water collects in the tires and harbors mosquitoes. Motion Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 21, 2004 Based on the testimony and evidence presented in Case No. 04-510, Ms. Shamblin moved that this Board find that Larry A. Gamble, Sr. is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) Inc., and moved to order that the Respondent correct the violations on or before May 6, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day, plus administrative costs, shall be imposed for each day the violation continues past May 6, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Costantino. Mr. Foot pointed out that the City agreed to 30 days and questioned why Ms. Shamblin stated 15 days in her motion. Ms. Shamblin felt that this was a safety and health issue with the tires. Chairman DeLiso reminded Mr. Foot that the Board makes the decision and if Mr. Foot was not agreeable with the motion, he could vote no. Chairman DeLiso did not think that Mr. Foot should try to influence people on the timeframe. Mr. Foot felt that it was up to Counsel to tell him if he was out of order when he asks the City for their opinion. Chairman DeLiso stated that he was the Chairman and he runs the meetings. Chairman DeLiso felt that Mr. Foot was out of order, to which Mr. Foot responded that Chairman DeLiso did not have that authority. Vote 6-1 (Mr. Foot dissenting). Mr. Foot asked Attorney Tolces what his opinion was as to the authority of the Chairman. Chairman DeLiso requested that this be discussed at the end of the meeting. Mr. Foot informed Chairman DeLiso that he was interfering with the course of the meeting. Attorney Tolces responded that the Chairman is the individual who is obligated and charged with running the meeting. He will respond to him if he is asked a question. Board members typically request the authority from the Chair in order to ask questions prior to speaking to witnesses on either side. Further, it is the Chair's prerogative whether he wants to recognize the question or direct Counsel to answer. Chairman DeLiso tried to move the meeting along. Mr. Foot did not feel that Attorney Tolces answered the question on whether the City could respond to questions as to what is appropriate for a no contest plea. Case #04-353 Thelmar & Jessie M. Patterson Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 21, 2004 Property Address: 532 NW 11th Avenue Violation(s): Chapter 15, Article IX-15-120 (D), Inc. and 120 (E) 2A. Sod yard and install driveway or add more shellrock. Replace all rotted wood and paint the house to comply with City Codes. The Recording Secretary administered the oath to Mr. Patterson. Inspector Pierre presented the case. The property is a non-homestead multi-dwelling. Wilbur Patterson, 220 NW 3rd Street, Boynton Beach, who is the son of the respondent, pled no contest. The respondent asked for 60 days. He stated that the house has been painted. Ms. Shamblin requested to view the photographs, which Inspector Pierre presented to the respondent, then to the Board. Mr. Foot asked Chairman DeLiso if he could ask the City if 60 days was enough time since a permit was needed. Chairman DeLiso asked the City if they wanted to be in a position to tell the Board how much time or would they prefer not to. Inspector Roy stated that when the respondents are not present they recommend a compliance date. If the respondent is present, they prefer not to be asked. Mr. Foot asked Chairman DeLiso if he understood his question as to whether 60 days was enough time or would the respondent have a problem not being able to do what they think they could do. Chairman DeLiso responded that the City was not interested in answering Mr. Foot's question and requested that the meeting progress. Chairman DeLiso said no to Mr. Foot's request. Motion: Mr. Foot requested that the Chairman be overridden on his decision not to allow the question. Motion died for a lack of a second. Ms. Carroll inquired if the respondent had a sprinkler system and she was informed that a sprinkler system is not required if none was present when the house was built. Motion Based on the testimony and evidence presented in Case No. 04-353, Ms. Carroll moved that this Board find that Thelmar and Jessie M. Patterson are in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) Inc. and 120 (E) 2A, and moved to order that the Respondents correct the violations on or before June 20, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if ]7 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 21, 2004 the Respondents do not comply with this Order, a fine in the amount of $25 per day, plus administrative costs, shall be imposed for each day the violation continues past June 20, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Costantino and carried 5-1 (Mr. Foot dissenting and Ms. Cook had left the dais) Case #04-083 Sallie Horton Estate Property Address: 540 NE 20th Avenue Violation(s): Chapter 15, Article IX-15-120 (D), Inc. Please remove weeds from shellrock swale or sod swale. Remove all loose trash. Recurring violation cases may still be brought before the Code Compliance Board even if violations have complied prior to the hearing. Repeat violations may carry up to $250/day fine. Inspector Webb presented the case. The property is a single-family homestead dwelling and was cited through routine neighborhood inspection. The respondent was present, but became sick and left the meeting. The City recommends 60 days. Attorney Tolces inquired if Inspector Webb was recommending tabling the case. Mr. Foot questioned why the case should be tabled. Inspector Webb responded that the Board could act either way, but noted the respondent did request 60 days. Attorney Tolces was trying to clarify the respondent's intentions and whether she asked that the case be tabled or that she should be given 60 days for compliance. Inspector Webb stated that the respondent said it would take her 60 days to bring the property into compliance. Motion Vice Chair Costantino moved to table Case No. 04-083 until the Code Compliance Board meeting to be held on June 16, 2004. Motion seconded by Dr. Rafkin and carried 5-1 (Mr. Foot dissenting and Ms. Cook had left the dais). Case #04-139 Murat & Cinaise Donastor Property Address: 1607 NE 4th Street Violation(s): Chapter 15, Article IX-15-120 (D), Inc. and Section 15-16 B.B.C. of Ordinances. Please sod all bare areas in yard. Remove loose trash and debris. Remove inoperable and unregistered vehicle and place 4" numbers on house visible from street. Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 21, 2004 Inspector Webb presented the case. The property is a single-family homestead dwelling and was cited as the result of a routine neighborhood inspection on January 23, 2004. The respondent was notified in writing and given 30 days to comply. Certified mail was sent on March 16, 2004 and the green card was not returned to the City. Therefore, the property was posted on March 25, 2004. Inspector Webb presented photos to the respondent and then to the Board. Murat Donastor, 1607 NE 4th Street, Boynton Beach assumed the podium and Inspector Guillaume interpreted. Mr. Donastor pled no contest and asked for 90 days. Inspector Webb pointed out that the vehicles have been removed. Inspector Guillaume stated that the respondent said that he could bring the property into compliance within 60 days. Mr. Foot inquired if he could ask the City a question and Chairman DeLiso responded affirmatively. Mr. Foot asked if the time was realistic for the amount of sod required, considering the respondent's means, as Inspector Webb understands it, to get the job done in 60 days. Mr. Webb responded that he did not know the respondent's means and felt for him to make a recommendation, he would be out of order. Motion Based on the testimony and evidence presented in Case No. 04-139, Ms. Shamblin moved that this Board find that Murat and Cinaise Donastor are in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) Inc. and 15-16 B.B.C. of Ord. and moved to order that the Respondents correct the violations on or before June 20, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25 per day, plus administrative costs, shall be imposed for each day the violation continues past June 20, 2004. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Costantino. Mr. Foot requested that the record show that he asked a question that the City refused to answer. Motion carried 5-1 (Mr. Foot dissenting and Ms.-M//. Cook had left the dais). VI. Old Business A. Lien Penalty Certifications Case #03-703 Pita Gen Corp. 1935 S. Federal Hwy. Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 21, 2004 Inspector Lewis presented the case. The notice of violation date was March 5, 2003 for violation of the Land Development Regulations. A representative appeared on the January 21, 2004 Code Compliance Board Hearing date. A compliance date of March 21, 2004 was set or be fined $25.00 per day. The property is not yet in compliance for 30 days of non-compliance. Mr. Brown stated that he was the Director of Property Management for the new management company and they assumed management of the property on April 1, 2004. He stated that because the previous management company was losing the contract, they did nothing to the property. He has met with the City's Forester and he is working on bringing the property into compliance. Chairman DeLiso inquired where the site was located and was informed that it was an assisted living facility on Federal Highway. Mr. Brown said that he needed an additional 90 days to bring the property into compliance because of the amount of work involved. Motion Mr. Foot moved that Case No. 03-703 be tabled until the Code Compliance Board meeting to be held on July 21, 2004. Motion seconded by Vice Chair Costantino and unanimously carried. Case #03-2971 Faisal M. Hassan 2111 NE 3ra Street Inspector Webb presented the case. The notice of violation date was October 29, 2003 for violation of the Florida Building Code. No one appeared at the Code Compliance Board Hearing date of February 18, 2004. A compliance date of March 19, 2004 was set or be fined $25 per day. The property has not yet complied for 32 days of non- compliance. Masud Rahman was present on behalf of the owner who is his friend. Chairman DeLiso asked if the owner was aware that Mr. Rahman was present on his behalf and he said that he spoke with him this morning. Chairman DeLiso was informed that the property was rental property and asked how long it would take to bring the property into compliance. Mr. Rahman said that they needed three to six months because of the amount of work involved. Chairman DeLiso pointed out that the work was started without a permit and stated that they could not begin work until Mr. Hassan returns to Boynton Beach. Inspector Webb noted that the case arose when two kitchens were discovered in a single-family dwelling. Mr. Foot asked Attorney Tolces if the Board should hear the case since the representative present did not have a power of attorney. Chairman DeLiso pointed out that Mr. Rahman stated that he spoke with the owner today who is aware that he is present representing him. Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 21, 2004 Mr. Foot requested Attorney Tolces to answer his question and Attorney Tolces stated that the Board is merely accepting evidence from Mr. Webb and he confirmed what Chairman DeLiso just reported. Inspector Webb read into the record all the violations that were discovered as follows: Interior renovations and additions done without permits. The family room addition performed under permit #93-358 has been enlarged with an additional exterior wall; interior petition walls have been added to include a bedroom, kitchen, bath and this space has no access from the main house. The carport enclosure installed under permit #89-3481 has been expanded and altered. It now includes a dining room and an addition of approximately 11' x 30' has been added to the house without permits. Dr. Rafkin inquired if the house could be permitted and Inspector Webb felt that the house needed to be demolished. Mr. Foot assumed that they were hearing the case as if there was no one present for the respondent. Chairman DeLiso stated that the Board is accepting the representative's testimony and it is in the record. Mr. Foot felt that the Board did not hear from the representative what he would like tc ',hcthe Board to do. Chairman DeLiso did not agree with Mr. Foot's assessment. Ms. Shamblin recommended that if Mr. Foot has an issue with another Board member they should take a 5-minute break to discuss the issues. She pointed out that all this bantering is wasting the Board's time. Members have been here for a long period of time and the people in the audience deserve to be heard and the City staff needs to be respected. She asked that the Board move on with respect for each other. She felt that what was transpiring on the dais was disrespectful. Attorney Tolces pointed out that Board members cannot meet outside of the meeting because that would be a violation of the Sunshine law. Ms. Shamblin was merely trying to get this over with and Chairman DeLiso stated that it would not end because Mr. Foot does not like authority. She requested that they move on. Motion Based on the testimony and evidence presented in Case No. 03-2971, Dr. Rafkin moved to find that the Respondent has not complied with this Board's Order dated February 18, 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 per day plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Vice Chair Costantino and unanimously carried. Attorney Tolces explained to the representative that the fine was certified and continues to run. Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 21, 2004 The Recording Secretary administered the oath to all persons who were not previously sworn in. Cases to be Heard Case #04-3104 Virginia E. Lewis Property Address: 149 SE 27th Way Violation(s): Section 10-2, B.B.C. of Ord. and Chapter 15, Article IX-15-120 (D) 1, Inc. Please prune overgrown trees. Cut and de-weed overgrown yard areas and remove all trash and debris. Inspector Lewis presented the case. The property is a single-family homestead dwelling and was cited as the result of a citizen's complaint. The property was originally cited on November 20, 2003. The notice was posted on the property and City Hall on March 30, 2004. Inspector Lewis felt that the violations were a safety and hurricane hazard. Virginia Carter Lewis, 149 SE 27th Way, Boynton Beach, pled no contest. Ms. Lewis stated that she has been working diligently and has removed a great deal of the debris. Ms. Lewis asked for the month of June to comply. Motion Based on the testimony and evidence presented in Case No. 04-3104, Ms. Shamblin moved that this Board find that Virginia Lewis is in violation of the City of Boynton Beach Code Sections 10-2 B.B.C. of Ord. and Chapter 15, Article IX-15-120 (D) 1, and moved to order that the Respondent correct the violation on or before June 5, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day, plus administrative costs, shall be imposed for each day the violation continues past June 5, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Dr. Rafkin and unanimously carried. Case #04-217 Annette Hicks Property Address: 315 NW 11th Avenue Violation(s): Chapter 15, Article IX-15-120 (D) 1, Inc. Please remove all loose trash off property. Repair fence and de-weed. Sod bare spots. Inspector Pierre presented the case. The property is a homestead single-family dwelling. The fence has complied. Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 21, 2004 Annette Hicks, 315 NW 11th Avenue, Boynton Beach, pied no contest and asked for 60 days. Motion Based on the testimony and evidence presented in Case No. 04-217, Vice Chair Costantino moved that this Board find that Annette Hicks is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) Inc, and moved to order that the Respondent correct the violation on or before June 20, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day, plus administrative costs, shall be imposed for each day the violation continues past June 20, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Dr. Rafkin and unanimously carried. Case #04-525 Guerson Lorissaint Property Address: 128 NE 11th Avenue Violation(s): Chapter 15, Article IX-15-120 (D) 1, Inc. Please de-weed all mulched areas. Trim hedges and mow. Inspector Laverdure presented the case. The property is a single-family homestead dwelling. The property was cited as the result of a routine neighborhood inspection. The initial inspection took place on March 11, 2004. The property owner received written notice with 20 days to comply. Certified mail went out on April 4, 2004 and the green card was signed on April 5, 2004. Inspector Laverdure presented photos to the respondent and then to the Board. Guerson Lorissaint, 128 NE 11th Avenue, pled no contest. The respondent reported that he just applied to the City for a permit to do some work in front of the house and asked for July for compliance. Chairman DeLiso noted that the debris could be picked up within 30 days. Inspector Laverdure pointed out that the violation involves weeds and plant beds. Motion Based on the testimony and evidence presented in Case No. 04-525, Ms. Shamblin moved that this Board find that Guerson Lorissaint is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) Inc, and moved to order that the Respondent correct the violation on or before May 21, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day, plus administrative costs, shall be imposed for each day the violation continues past May 21, 2004. The Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 21, 2004 Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Costantino and unanimously carried. Case #03-2263 Algot Anderson Property Address: 212 SW 4th Street Violation(s): Section 10-2 B.B.C. of Ord. and Chapter 15, Article IX-15-120 (D) Inc. Yard is overgrown. Please paint house and fascia. Trim trees and hedges. Install sod in yard wherever dead or bare spots occur. Inspector Cain presented the case. The City recommends May 21,2004 for compliance. Motion Based on the testimony and evidence presented in Case No. 03-2263, Ms. Cook moved that this Board find that Algot Anderson is in violation of the City of Boynton Beach Code Sections 10-2 B.B.C. of Ord. and Chapter 15, Article IX-15-120 (D) Inc, and moved to order that the Respondent correct the violation on or before May 21, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day, plus administrative costs, shall be imposed for each day the violation continues past May 21, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Shamblin and unanimously carried. Case #04-55 Dennis F. Shelmerdine Property Address: 111 SW 10th Avenue Violation(s): FBC '01 Edition B.B.A. 104.1.1. Permit required for fence. Inspector Cain presented the case. The City recommends May 21,2004 for compliance. Vice Chair Costantino inquired if this was a repeat offender and was informed that he was. Inspector Cain stated that he is having problems and the respondent had to obtain sod through the Community Redevelopment Division. Motion Based on the testimony and evidence presented in Case No. 04-055, Mr. Foot moved that this Board find that Dennis F. Shelmerdine is in violation of the City of Boynton Beach Code Sections 10-2 B.B.C. of Ord. and Chapter 15, Article IX-15-120 (D) Inc, and moved to order that the Respondent correct the violations on or before May 21, Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 21, 2004 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 per day, plus administrative costs, shall be imposed for each day the violation continues past May 21, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Costantino and unanimously carried. Case #04-494 Jean A. & Marie L. Raymond Property Address: 440 SW 6~ Avenue Violation(s): FBC '01 Edition B.B.A. 105.6. Permit #02- 2802. Your window permit will expire. Call for Inspection. Inspector Cain presented the case. The City recommended May 1, 2004 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 04-494, Ms. Cook moved that this Board find that Jean A. and Marie L. Raymond are in violation of the Florida Building Code '01 Edition B.B.A. 105.6 of the City Code of Ordinances, and moved to order that the Respondents correct the violation on or before May 1, 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 per day, plus administrative costs, shall be imposed for each day the violation continues past May 1, 2004. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Costantino and unanimously carried. Case #04-302 Paul Lutania Property Address: 2890 NE 4th Street Violation(s): Chapter 15, Article IX-15-120 (D) lA. Storage of unlicensed and inoperable vehicles is not allowed on residential property.Remove all loose trash and debris, tires, refrigerator and carpet. Inspector Guillaume presented the case. The City recommends May 6, 2004, as the compliance date. Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 21, 2004 Motion Based on the testimony and evidence presented in Case No. 04-302, Vice Chair Costantino moved that this Board find that Paul Lutania is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) .lA, and moved to order that the Respondent correct the violation on or before May 6, 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 per day, plus administrative costs, shall be imposed for each day the violation continues past May 6, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Shamblin and unanimously carried. Case #03-2013 Marie M. Severe Property Address: 2632 NE 3rd Court Violation(s): FBC '01 Edition 104.1.1 BBA, FBC '01 104.7.5. Carport enclosed without permits. You must either secure permits and pass all required permit inspections or remove all work and restore to original condition. See copy of "red tag" dated July 1, 2003. Inspector Laverdure presented the case. City recommends May 21, 2004 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 03-2013, Ms. Shamblin moved that this Board find that Marie M. Severe is in violation of the Florida Building Code '01 Edition 104.1.1, BBA FBC '01 104.7.5 of the Code of Ordinances and moved to order that the Respondent correct the violation on or before May 21,2004. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day, plus administrative costs, shall be imposed for each day the violation continues past May 21, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Cook. Mr. Foot did not think that the problem could be remedied within 30 days. Inspector Laverdure pointed out that this is a long ongoing case and the Building Inspector informed him that the property should be in compliance within 30 days. Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 21, 2004 Vote Motion carried 7-0. Case #04-035 Todd J. Holldorf Property Address: 636 NE 8th Avenue Violation(s): Section 13-16 B.B.C. of Ord. and Chapter 15, Article IX-15-120 (D) 1, Inc. Please register and make operable all of your vehicles or remove them from your property. Also, remove any outside storage. You must have an occupational license if you rent your property. Inspector Laverdure presented the case. The City recommends May 21, 2004 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 04-035, Ms. Shamblin moved that this Board find that Todd J. Holldorf is in violation of the City of Boynton Beach Code Sections 13-16 and Chapter 15, Article IX-15-120 (D) 1, Inc., and moved to order that the Respondent correct the violations on or before May 21, 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 $100 per day, plus administrative costs, shall be imposed for each day the violations continues past May 21,2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Costantino and unanimously carried. Case #04-268 Freddie Patrick Property Address: 256 NE 7th Avenue Violation(s): Chapter 15, Article IX-15-120 (D) 1, Inc. Register all unregistered vehicles and trailers. Remove boat and boat trailer off sidewalk. Install 4" house number on your home. Sod all bare spots in swale area on NE 7th Avenue and NE 3rd Street. Inspector Laverdure presented the case. The City recommends May 21, 2004 as the compliance date. Motion 2.7 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 21, 2004 Based on the testimony and evidence presented in Case No. 04-268, Vice Chair Costantino moved that this Board find that Freddie Patrick is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc., and moved to order that the Respondent correct the violation on or before May 21, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day, plus administrative costs, shall be imposed for each day the violation continues past May 21, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Shamblin and unanimously carried. Case #04-322 Joe L. Owens Property Address: 257 NE 6th Avenue Violation(s): Chapter 15, Article IX-15-120 (D) 1, Inc. Sod all bare spots in yard and swale to form a uniform green cover. Inspector Laverdure presented the case. The City recommended a compliance date of May 21,2004. Motion Based on the testimony and evidence presented in Case No. 04-322, Ms. Shamblin moved that this Board find that Joe L. Owens is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc., and moved to order that the Respondent correct the violation on or before May 21, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day, plus administrative costs, shall be imposed for each day the violation continues past May 21, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Costantino and unanimously carried. Case #04-326 Desir DesJardina Property Address: 135 NE 5th Avenue Violation(s): Chapter 15, Article IX-15-120 (D) 1, Inc. Please water and feed your grass in order to have a uniform green appearance; or install new sod in yard and swale area. Inspector Laverdure presented the case. The City recommended a compliance date of May 21,2004. Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 21, 2004 Motion Based on the testimony and evidence presented in Case No. 04-326, Ms. Cook moved that this Board find that Desir Desjardina is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc., and moved to order that the Respondent correct the violation on or before May 21, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day, plus administrative costs, shall be imposed for each day the violation continues past May 21, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Shamblin and unanimously carried. Case #04-385 BobKatz Properties, Inc. Property Address: 512 N. Federal Highway Violation(s): Chapter 15, Article IX-15-120 (D) 1, Inc. Please de-weed between all your bushes that surround your parking lot. Mow and trim. Inspector Laverdure presented the case. The City recommended a compliance date of May 21,2004. Motion Based on the testimony and evidence presented in Case No. 04-385, Ms. Shamblin moved that this Board find that BobKatz Properties, Inc. is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc., and moved to order that the Respondent correct the violation on or before May 21, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $75 per day, plus administrative costs, shall be imposed for each day the violation continues past May 21, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Costantino and unanimously carried. Case #04-608 Peniel Evangelical Alliance Property Address: 515 NE 3r~ Street Violation(s): Chapter 15, Article IX-15-120 (D) 1, Inc. Please sod bare spots in yard and all the swale area. Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 21, 2004 Inspector Laverdure presented the case. The City recommended a compliance date of May 21,2004. Motion Based on the testimony and evidence presented in Case No. 04-608, Ms. Shamblin moved that this Board find that Peniel Evangelical Alliance is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc., and moved to order that the Respondent correct the violations on or before May 21, 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 $25-7~ per day, plus administrative costs, shall be imposed for each day the violations continue past May 21, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Costantino and unanimously carried. Case #04-341 David Kislak Trust Property Address: 2298 SE 4th Street Violation(s): Section 10-52 (A) B.B.C. of Ord. and Chapter 15, Article IX-15-120 (D) 1, Inc. Please remove inoperable vehicles from property. Repair driveway parking areas. Remove all trash and debris. Restore landscaping at the apartment complex. Inspector Lewis presented the case. The City recommends May 21, 2004 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 04-341, Mr. Foot moved that this Board find that David Kislak Trust is in violation of the City of Boynton Beach Code Sections 10-52 (A) B.B.C. of Ord. and Chapter 15, Article IX-15-120 (D) 1, Inc., and moved to order that the Respondent correct the violations on or before May 21, 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 per day, plus administrative costs, shall be imposed for each day the violations continue past May 21, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Costantino and unanimously carried. 3O Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 21, 2004 Case #04-424 Simon Jourdan Property Address: 220 SE 24th Avenue Violation(s): PT 3 LDR, Chapter 20-VIII, Section 2.F and Chapter 15, Article IX-15-120 (D) Inc. Please remove inoperable vehicles from property. Remove all trash and debris. Dwelling unit does not meet the space requirements for a 3-bedroom 1,877 square foot house (under air). House needs to be a single-family home with no more than 7 people living at this location. (Owner stated 9 people living here on 3/05/04). Inspector Lewis presented the case. The City recommended May 6, 2004 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 04-424, Ms. Shamblin moved that this Board find that Simon Jourdan is in violation of the City of Boynton Beach Code Sections PT 3 LDR, Chapter 20-VIII, Section 2.F and Chapter 15, Article IX-15-120 (D) Inc., and moved to order that the Respondent correct the violations on or before May 6, 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 per day, plus administrative costs, shall be imposed for each day the violations continue past May 6, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Costantino and unanimously carried. Case #04-565 Boynton Villa Del Sol, LLC Property Address: 2925 S. Federal Highway Violation(s): PT 3 LDR, Chapter 21-1, Section 5 and PT 3 LDR, Chapter 21-11, Section 3. Please remove all flags and non-permitted signs from the property. Inspector Lewis presented the case. The City recommended a compliance date of May 6, 2004. Motion Based on the testimony and evidence presented in Case No. 04-565, Ms. Shamblin moved that this Board find that Boynton Villa Del Sol, LLC is in violation of the City of Boynton Beach Code Sections PT 3 LDR, Chapter 21-1, Section 5 and PT 3 LDR, 3! Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 21, 2004 Chapter 21-11, Section 3, and moved to order that the Respondent correct the violation on or before May 6, 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 per day, plus administrative costs, shall be imposed for each day the violation continues past May 6, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Costantino and unanimously carried. Case #04-628 Vincent and Alene Molle, Sr. Property Address: 2915 SE 2nd Street Violation(s): Chapter 15, Article IX-15-120 (D) 1, Inc. and Section 13-16 B.B.C. of Ord. Please mow and de-weed the property. Re-sod dead areas of the yard. Remove all inoperable vehicles. Occupational Rental License is required. Inspector Lewis presented the case. The City recommends a compliance date of May 21,2004. Motion Based on the testimony and evidence presented in Case No. 04-628, Ms. Shamblin moved that this Board find that Vincent and Alene Molle, Sr. are in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc. and Section 13-16 B.B.C. of Ord., and moved to order that the Respondent correct the violations on or before May 21, 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 per day, plus administrative costs, shall be imposed for each day the violations continue past May 21, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Costantino and unanimously carried. Case #04-629 Anchorage of Boynton Beach, Inc. Property Address: 2651 SE 2nd Street Violation(s): Chapter 15, Article IX-15-120 (D) 1, Inc. Please re-sod dead areas of the lawn. Inspector Lewis presented the case. The City recommended a compliance date of May 21,2004. 32 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 21, 2004 Motion Based on the testimony and evidence presented in Case No. 04-629, Ms. Shamblin moved that this Board find that Anchorage of Boynton Beach, Inc. is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc. and moved to order that the Respondent correct the violation on or before May 21, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day, plus administrative costs, shall be imposed for each day the violation continues past May 21, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Costantino and unanimously carried. Case #04-631 Suzanne Morton Property Address: 243 SE 25th Avenue Violation(s): Section 13-16 B.B.C. of Ord. Chapter 15, Article IX-15-120 (D) 1, Inc. Please apply for and receive an occupational license for the rental duplex. Remove construction pile from the east side of the property. Re-sod dead grass areas of lawn. Occupational License required. Inspector Lewis presented the case. The City recommended a compliance date of May 21,2004. Motion Based on the testimony and evidence presented in Case No. 04-631, Ms. Cook moved that this Board find that Suzanne Morton is in violation of the City of Boynton Beach Code Sections 13-16 and Chapter 15, Article IX-15-120 (D) 1, Inc. and moved to order that the Respondent correct the violations on or before May 21, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day, plus administrative costs, shall be imposed for each day the violations continue past May 21, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Costantino. Vice Chair Costantino asked about the construction pile and Inspector Lewis stated that this has been removed. 33 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 21, 2004 Vote Motion carried 7-0. Case #03-3257 Quantum Park and Village Property Address: 875 NW 22nd Avenue Violation(s): FBC '01 Edition BBA 104.1.1. Contact Bud Gall to clear up "Red Tag" for your signs. Inspector Melillo presented the case. The City recommended a compliance date of May 1,2004. Motion Based on the testimony and evidence presented in Case No. 03-3257, Ms. Shamblin moved that this Board find that Quantum Park and Village is in violation of the Florida Building Code '01 Edition BBA 104.1.1 of the City Code of Ordinances and moved to order that the Respondent correct the violation on or before May 1, 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 per day, plus administrative costs, shall be imposed for each day the violation continues past May 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. Motion seconded by Vice Chair Costantino and unanimously carried. Mr. Foot commended Ms. Shamblin for considering various fine levels to fit with particular situations. Case #04-343 Josephus McDonald Property Address: 556 NW 10th Avenue Violation(s): Chapter 15, Article IX-15-120 (D), Inc. Unregistered/inoperable vehicle is not allowed in residential area. Please remove vehicle. Clean backyard. Remove all debris. Inspector Pierre presented the case. The City recommended May 21, 2004 as the compliance date. Mr. Foot inquired if this was a repeat violator and Inspector Pierre responded that he was a repeat violator. Motion Based on the testimony and evidence presented in Case No. 04-343, Ms. Shamblin moved that this Board find that Josephus McDonald is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) Inc. and moved to order that the 34 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 21, 2004 Respondent correct the violation on or before May 21, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day, plus administrative costs, shall be imposed for each day the violation continues past May 21, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot and unanimously carried. Case #04-418 Joseph Noreus Property Address: 501 NW 5th Street Violation(s): Chapter 15, Article IX-15-120 (D), Inc. Please remove all debris off your carport and de- weed driveway. Inspector Pierre presented the case. The City recommended May 6, 2004 as a compliance date. Motion Based on the testimony and evidence presented in Case No. 04-418, Ms. Shamblin moved that this Board find that Joseph Noreus is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) Inc. and moved to order that the Respondent correct the violation on or before May 6, 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 per day, plus administrative costs, shall be imposed for each day the violation continues past May 6, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Costantino and unanimously carried. Case #04-463 Franklin Coley Property Address: 405 NW 1~t Street Violation(s): Chapter 15, Article IX-15-120 (D), Inc. Repair fence and sod or water your lawn to form a uniform green appearance. Remove all loose trash. Inspector Pierre presented the case. The City recommended May 21, 2004 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 04-463, Ms. Cook moved that this Board find that Franklin Coley is in violation of the City of Boynton Beach Code 35 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 21, 2004 Sections Chapter 15, Article IX-15-120 (D) Inc. and moved to order that the Respondent correct the violation on or before May 21,2004. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day, plus administrative costs, shall be imposed for each day the violation continues past May 21, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Shamblin and unanimously carried. Case #04-490 Louise Denson Property Address: 229 NW 3rd Avenue Violation(s): Chapter 15, Article IX-15-120 (D), Inc. Unregistered/inoperable vehicle is not allowed in residential zone. Please remove your car from carport. Repair fence and sod all bare spots. Inspector Pierre presented the case. The City recommended May 21, 2004 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 04-490, Ms. Shamblin moved that this Board find that Louise Denson is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) Inc. and moved to order that the Respondent correct the violation on or before May 21, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $75 per day, plus administrative costs, shall be imposed for each day the violation continues past May 21, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Cook and unanimously carried. Case #04-533 RGRS Inc. Property Address: 2991 W. Boynton Beach Boulevard Violation(s): Section 10-2 B.B.C. of Ord. Vacant lot west of Bedding Barn (3101 W. Boynton Beach Boulevard). Remove Florida Holly from roadside along Boynton Beach Boulevard. Trim or remove Florida Holly on east and west side of lot and maintain the perimeter of the lot to code. Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 21, 2004 Inspector Roy presented the case. The City recommended May 6, 2004 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 04-533, Ms. Shamblin moved that this Board find that RGRS Inc. is in violation of the City of Boynton Beach Code Sections 10-2 B.B.C. of Ord. and moved to order that the Respondent correct the violation on or before May 6, 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 per day, plus administrative costs, shall be imposed for each day the violation continues past May 6, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Costantino and unanimously carried. Case #03-2858 Samuel A. and Gloria J. Moore Property Address: 406 NE 16th Avenue Violation(s): Chapter 15, Article IX-15-120 (D) 1, Inc. Please sod all bare areas in yard. Remove all unregistered and inoperable vehicles. Inspector Webb presented the case. The City recommended a compliance date of June 20, 2004. Motion Based on the testimony and evidence presented in Case No. 03-2858, Ms. Cook moved that this Board find that Samuel A. and Gloria J. Moore are in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc. and moved to order that the Respondents correct the violation on or before June 20, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25 per day, plus administrative costs, shall be imposed for each day the violation continues past June 20, 2004. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Costantino and unanimously carried. Case #04-138 Jocelyn & Rodolfo Colunga, Jr. Property Address: 1601 NE 4th Street Violation(s): Chapter 15, Article IX-15-120 (D) 1, Inc. and Section 15-16 B.B.C. of Ord. Please sod all bare areas in yard and swale. Place 4" 37 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 21, 2004 numbers on house visible from street. Remove all loose trash. Inspector Webb presented the Case. The City recommended a compliance date of May 21,2004. Motion Based on the testimony and evidence presented in Case No. 04-138, Ms. Shamblin moved that this Board find that Jocelyn and Rodolfo Colunga, Jr. are in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc. and Section 15-16 B.B.C. of Ord. and moved to order that the Respondents correct the violation on or before May 21, 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 $100 per day, plus administrative costs, shall be imposed for each day the violation continues past May 21, 2004. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Costantino and unanimously carried. Case #04-213 Antoine Celestin Property Address: 432 NE 22nd Avenue Violation(s): Section 13-16 B.B.C. of Ord. and 15-16 B.B.C. of Ord. Put 4" house number on building visible and readable from adjacent street. An occupational license is required for rental property. Inspector Webb presented the case. The City recommended a compliance date of May 6, 2004. Motion Based on the testimony and evidence presented in Case No. 04-213, Ms. Shamblin moved that this Board find that Antoine Celestin is in violation of the City of Boynton Beach Code Sections 13-16 and 15-16 B.B.C. of Ord. and moved to order that the Respondent correct the violation on or before May 6, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $75 per day, plus administrative costs, shall be imposed for each day the violation continues past May 6, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Cook and unanimously carried. 38 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 21, 2004 Case #04-230 Jerome and Norma Serge Property Address: 110 NE 19th Avenue Violation(s): PT 3 - LDR, Chapter 20-VIII, Section 2.A; Section 13-16 B.B.C. of Ord.; Chapter 15, Article IX-15-120 (D) 1, Inc. and Section 15- 16 B.B.C. of Ord. Please remove all loose trash and debris. Sod yard and swale. Repair electrical panel box. Repair doors and windows. Obtain an occupational license for rental property. Place 4" house number on building. Inspector Webb presented the case. The City recommended a compliance date of May 1,2004. Ms. Shamblin inquired if these were repeat offenders and was informed they were not. Motion Based on the testimony and evidence presented in Case No. 04-230, Mr. Foot moved that this Board find that Jerome and Norma Serge are in violation of the City of Boynton Beach Code Sections PT 3 - LDR, Chapter 20-VIII, Section 2.^; Section 13-16 B.B.C. of Ord.; Chapter 15, Article IX-15-120 (D) 1, Inc. and Section 15-16 B.B.C. of Ord. and moved to order that the Respondents correct the violation on or before .May 1, 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 $100 per day, plus administrative costs, shall be imposed for each day the violation continues past May 1, 2004. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Costantino and unanimously carried. Case #04-347 Pamela L. Davis Property Address: 130 NE 19th Avenue Violation(s): Chapter 15, Article IX-15, 120 (D) 1 .E. Please sod all bare areas in yard and swale. Inspector Webb presented the case. The City recommended a compliance date of June 20, 2004. Motion Based on the testimony and evidence presented in Case No. 04-347, Ms. Shamblin moved that this Board find that Pamela Davis is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15, 120 (D) 1.E. and moved to order that the Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 21, 2004 Respondent correct the violation on or before June 20, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day, plus administrative costs, shall be imposed for each day the violation continues past June 20, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Cook and unanimously carried. Case #04-350 Earnestine Waters Property Address: 160 NE 19th Avenue Violation(s): Chapter 15, Article IX-15, 120 (D) 1, Inc. and Section 13-16 B.B.C. of Ord. Remove all loose trash and debris. Remove all inoperable and unlicensed vehicles. An occupational license is required for rental property. Recurring violation cases may still be brought before the Code Compliance Board even if violations have complied prior to the hearing and may carry up to $250 day fine. Inspector Webb presented the case. The City recommended a compliance date of May 21,2004. Motion Based on the testimony and evidence presented in Case No. 04-350, Ms. Shamblin moved that this Board find that Earnestine Waters is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15, 120 (D) 1, Inc. and Section 13-16 B.B.C. of Ord. and moved to order that the Respondent correct the violation on or before May 21, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day, plus administrative costs, shall be imposed for each day the violation continues past May 21, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Costantino and unanimously carried. VI. Old Business Lien Penalty Certifications The City recommended that the following fines be certified at $25 per day: 4O Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 21, 2004 Case #03-3232 (Page 63), Robin Cogas Case #03-3333 (Page 65), West Ocean Boulevard Trust Case #03-3232 Robin Cogas 106 NE 4th Avenue Motion Based on the testimony and evidence resented in Case No. 03-3232, Ms. Cook moved that this Board find that the Respondent has not complied with this Board's Order dated February 18, 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 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Vice Chair Costantino and unanimously carried. Case #03-3333 West Ocean Boulevard Trust 566 W. Ocean Avenue Motion Based on the testimony and evidence resented in Case No. 03-3333, Ms. Cook moved that this Board find that the Respondent has not complied with this Board's Order dated February 18, 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 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Vice Chair Costantino and unanimously carried. The City recommended certifying the following cases with no fines: Case #03-2023 (Page 52), Jerome and Cathy Albanese Case #03-3029 (Page 54), David L. Levin Case #03-1849 (Page 56), Raymond Cedieu Case #03-3239 (Page 61), Richard Anthony Case #03-3300 (Page 62), Michael King Case #03-2114, (Page 67), John P. Callahan Estate Case #03-3112 (Page 68), FBBB, LLC. Case #03-1560 (Page 69), Veoletta Wright/Samuel Wright Case #03-2855 (Page 70), Notrez Ulrick Case #03-2023 Jerome and Cathy Albanese 1504 S. Seacrest Blvd. Motion 41 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 21, 2004 Based on the testimony and evidence presented in Case No. 03-2023, 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 no fine, including 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 unanimously carried. Case #03-3029 David L. Levin 411 SW 9th Avenue Motion Based on the testimony and evidence presented in Case No. 03-3029, Vice Chair Costantino 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 no fine, including 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 unanimously carried. Case #03-1849 Raymond Cedieu 135 Flamingo Drive Motion Based on the testimony and evidence presented in Case No. 03-1849, 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 no fine, including 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 unanimously carried. Case #03-3239 Richard Anthony 2600 NW 2nd Street Motion Based on the testimony and evidence presented in Case No. 03-3239, 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 no fine, including administrative costs, which shall continue to accrue until the Respondent comes into Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 21, 2004 compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Ms. Shamblin and unanimously carried. Case #03-3300 Michael King 3130 Orange Street Motion Based on the testimony and evidence presented in Case No. 03-3300, Vice Chair Costantino moved that this Board find that the Respondent has not complied with this Board's Order dated February 18, 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 no fine, including 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 unanimously carried. Case #03-2114 John P. Callahan Estate 1134 SW 24th Avenue Motion Based on the testimony and evidence presented in Case No. 03-2114, Vice Chair Costantino moved that this Board find that the Respondent has not complied with this Board's Order dated February 17, 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 no fine, including 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 unanimously carried. Case #03-3112 FBBB, LLC. Intracoastal Motion Based on the testimony and evidence presented in Case No. 03-3112, Vice Chair Costantino 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 no fine, including 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 unanimously carried. Case #03-1560 Veoletta Wright/Samuel Wright 123 NE 15th Ave. Motion 43 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 21, 2004 Based on the testimony and evidence presented in Case No. 03-1560, Vice Chair Costantino moved that this Board find that the Respondents have not complied with this Board's Order dated February 16, 2004, 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 no fine, including 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 unanimously carried. Case #03-2855 Notrez Ulrick 325 NE 16th Ave. Motion Based on the testimony and evidence presented in Case No. 03-2855, Vice Chair Costantino 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 no fine, including 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 unanimously carried. Inspector Webb requested that following cases be tabled to May 19, 2004: Case #03-2496 (Page 53), Joseph A. Jean Case #03-2152 (Page 57), Premier Gateway Center at Quantum Case #03-3248 (Page 66), Ben Henschel Trustee Case #02-3230 (Page 55), George & Yvette Williams Case #03-2496 Joseph A. Jean 141 SE 13th Avenue Motion Vice Chair Costantino moved that Case No. 03-2496 be tabled until the Code Compliance Board meeting to be held on May 19, 2004. Motion seconded by Ms. Cook and unanimously carried. Case #03-2152 Premier Gateway Center at Quantum 2051 High Ridge Rd. Motion Vice Chair Costantino moved that Case No. 03-2152 be tabled until the Code Compliance Board meeting to be held on May 19, 2004. Motion seconded by Ms. Cook and unanimously carried. Case #03-3248 Ben Henschel Trustee 402 NW 3rd St. 44 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida April 21, 2004 Motion Vice Chair Costantino moved that Case No. 03-3248 be tabled until the Code Compliance Board meeting to be held on May 19, 2004. Motion seconded by Ms. Cook and unanimously carried. Case #02-3230 George & Yvette Williams 110 NE 27th Ave. Motion Vice Chair Costantino moved that Case No. 02-3230 be tabled until the Code Compliance Board meeting to be held on May 19, 2004. Motion seconded by Ms. Cook and unanimously carried. Foreclosures Mr. Foot moved to authorize the City Attorney to proceed with foreclosures as listed below. Ms. Cook seconded the motion that unanimously carried. James & Katie Shelton Case #03-1393 Eleanor Mastroianni Case #03-1955 Ernestine A. Robinson Case #03-2068 Virgil L. Darville Case #03-2072 Joseph M. Woods Case #03-2161 Daniel F. & Robin R. Molinari Case #03-2405 VII. Items for Discussion Chairman DeLiso thanked Dr. Rafkin for his service on the Board since this is Dr. Rafkin's last meeting. Chairman DeLiso announced that Patti Hammer was appointed a new Regular member and Kathleen Carroll was moved up from an Alternate to a Regular member. Mr. Foot requested that the minutes include Chairman DeLiso's comment that Mr. Foot has not respected authority for years. VIII. Adjournment There being no further business to come before the Board, the meeting properly adjourned at 9:45 p.m. Respectfully submitted, / ~ Barbara M. Madden Recording Secretary (April 23, 2004)