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Minutes 05-19-04 MTNUTES OF THE CODE COHPLTANCE BOARD MEETTNG HELD TN COMMTSSTON CHAMBERS, CTTY OF BOYNTON BEACH, ON WEDNESDAY, MAY 19, 2004 AT 7:00 P.M. Present Chris DeLiso, Chair Michele Costantino, Vice Chair Kathleen Carroll Kathy Cook Robert Foot Patti Hammer Brenda Shamblin David Tolces, Assistant City Attorney Scott Blasie, Code Administrator Code Inspectors: Courtney Cain Luney Guillaume Skip Lewis Richard Laverdure Mike Melillo Vestiguerne Pierre Pete Roy Willie Webb Call to Order Chair DeLiso called the meeting to order at 7:00 p.m. Recognition of the Passing of Board Member James Miriana The Board observed a moment of silent reflection in honor of .]ames Miriana. Approval of Minutes Mr. Foot asked that Mr. Cook be changed to Ms. Cook on page 19 in the April 21, 2004 minutes. Also, on page 2! in the fourth paragraph, next to last line, the extra "to" should be removed. Chair DeLiso stated that on Page 29-30, Case No. 04-608, the fine should be $25.00 and not $75. Motion Vice Chair Costantino moved to approve the minutes as amended. seconded the motion that carried unanimously. Ms. Cook Meeting Minutes Code Compliance Board Boynton Beach, FIQri~Jp May 19,2004 TV. Election of Chairman and Vice Chairman Chair DeLiso opened the floor for nominations for Chairman and Vice Chairman. Motion Mr. Foot moved that the term of the Chair and Vice Chair would start immediately following the election and end in May of 2005 or earlier if decided by a majority of the entire Board. Ms. Hammer seconded the motion that carried unanimously. Mr. Foot nominated Ms. Costantino for Chair. He commented that in his opinion, the Board would be best served by the election of a new person as Chair. He did not believe that he or Chris DeLiso should be nominated. Mr. Foot would decline the nomination for himself. Msi Costantino thanked Mr. Foot for the nomination but due to conflicting obligations, declined the nomination. Ms. Hammer nominated Chris DeLiso for Chair. Mr. DeLiso accepted the nomination. Mr. Foot suggested that Ms. Shamblin would be a good choice for Chair. Ms. Shamblin thanked Mr. Foot but said that she would have to decline a nomination because she was moving out of the area, unexpectedly. IVlr. Foot nominated Ms. Cook for Chair. Ms. Cook thanked Mr. Foot for the opportunity but said that she would like to be Vice Chair for a year before accepting that job. Chair DeLiso inquired whether anyone else was interested in the Chairmanship. Ms. Costantino called the question. The vote to elect Chris DeLiso as Chair for the next year was 5-1, Mr. Foot dissenting. Attorney Tolces stated that Mr. DeLiso was the Board Chair until May 2005 as provided in the earlier motion. Chair DeLiso opened the floor for nominations for the post of Vice Chair. Motion Chair DeLiso moved to nominate Ms. Costantino as Vice Chair. Ms. Costantino accepted the nomination. The motion to elect Michele Costantino as Vice Chair until May 2005 passed unanimously. Meeting Minutes Code Compliance Board Bovnton Bepch, Florida M,py lC~, 2q04 Chair DeLiso expressed regret at the loss of Ms. Shamblin from the Board, stating that she had been a great asset to the Board during her tenure. V. Approval of Agenda Chair DeLiso asked Mr. Roy to state the additions or deletions to the Agenda. ]:nspector Roy stated that: Page 1, Case #03-3113 should be tabled until July 21, 2004. Attorney Tolces said a motion was needed to table the case. It was decided to do the motion at the end of the meeting. Case #04-801, removed Case #04-802, removed Case #04-363, removed Case #04-381, complied l~lotion Ms. Hammer moved to accept the agenda as amended, seconded by Ms. Shamblin and passed unanimously. VT. Swearing in of Witnesses and Zntroduction The Recording Secretary administered the oath to all persons who would be testifying at the meeting. Chair DeLiso explained the Plea system. Inspector Roy called the roll and asked that those persons present identify themselves. V~[T. New Business A. Cases to be Heard Case #02-3221 Property Address: Violation(s): Guy Estella 212 S.W. 10th Avenue SBC '97 ED 105.6 Znspection Required Red Tag Inspector Cain stated that this case should be tabled until the Code Compliance Board meeting on .lune 16, 2004. MeeUng Minutes Code Compliance Board Boynton Bepch, Flgrida Mav 19, 2004 Motion Ms. Shamblin moved to table Case No. 02-3221 until the Code Compliance Board meeting on .lune 16, 2004, seconded by Mr. Foot and carried unanimously. Case #04-499 Property Address: Violation(s): BobKatz Properties, Inc. 414-1/2 E. Ocean Avenue CHIS-ART.IX-15-120 (D) TNC. Remove bicycles, automobiles, boats, trash, canopy, and junk from rear property. Inspector Cain reported that this violation was on a single-family, non-homesteaded dwelling. The violation was discovered through a routine inspection of the neighborhood. The initial inspection was on March 16, 2004. Thirty days was given to come into compliance. Certified mail notice sent on April 22, 2004 and the card was signed on April 23, 2004. The City recommended 30 days for compliance. Joe Hefferan, 414-1/2 East Ocean Avenue, Boynton Beach, came to the podium along with his landlord, Bob Katz. Chair DeLiso asked Mr. Hefferan how many of the violations he had brought into compliance, and Mr. Hefferan responded, "most of them." He commented that the bicycles were operational trick bikes that he had used in the Boynton Beach parades for many years for the entertainment of the citizens. The canopy had been there since 1995 and he did not see how it could come down since it was intertwined with trees that had grown up around it. He also stated that the property was zoned as a commercial warehouse district, was fully fenced, and could not be seen into from any vantage point. Mr. Katz asked if the boats needed to be registered and Chair DeLiso responded that they did and he believed they had to be put up on a pad also. He deferred to Mr. Blasie. Mr. Blasie stated that the inspectors were familiar with the boat parking Code for residential zoning, but that in all fairness, the Code Division would have to make a determination based on the code and the zoning district in which this property exists. He thought he could determine the outdoor storage requirements for this property by the end of the week. Mr. Katz asked for 60 days to bring the property into compliance. Motion Based on the testimony and evidence presented in Case No. 04-499, Mr. Foot moved that this Board find that BobKatz Properties is in violation of Chapter 15, Article IX-15- 120 (D) [nc. of the Boynton Beach Code of Ordinances, and moved to order that the 4 MeeUng Minutes Code Compliance Board Boynton Beach, Fl~ri~Ja May ~, 2~)04 Respondent correct the violations on or before July 18, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed for each day the violation continues past July 18, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that carried unanimously. Case #04-664 Property Address: Violation(s): Sam Peterson 734 N.E. Ist Street CHIS-ART.TX-15-120 (D) IInc, and 15-16 B.B.C. of Ord. De-weed yard and swale and install sod in order to have uniform green appearance. Put 4-inch street number on house to be visible from street Inspector Laverdure reported that this property was a single-family non-homesteaded dwelling. The owner of record in the Palm Beach Property Appraiser's database is Sam Peterson. The violations were discovered through a routine neighborhood inspection. The initial inspection was on March 25, 2004 and 30 days was given to come into compliance. A notice was sent by certified mail on April 28, 2004 and the card came back signed on May 4, 2004. Ben Carpenter, standing in for his cousin Sam Peterson, who is deceased, came to the podium. Mr. Carpenter is living in the property along with Mr. Peterson's daughter. Chair DeLiso recommended that the case be cited again once the ownership was determined. Attorney Tolces recommended that the case be tabled. Motion Ms. Shamblin moved to table Case No. 04-664 until the Code Compliance Board meeting on June :L6, 2004. Ms. Cook seconded the motion that carried unanimously. Case #04-359 Property Address: Violation(s): Thirty-Six Hundred Holdings LLC 3629 S. Federal Highway PT3-LDR. Chapter 4, SEC. 11, CH15- ART. IX-15-120 (D) I ~NC, PT 3 LDR CH 23-ART ~.O, PT 3 LDR CH 21-IT SEC 3 TNC. Repair potholes and restore parking lot areas to 5 Meeting Minutes Code Compliance Board Bovnton Beach, Florida May 19, 2004 approved Site Plan. Landscaping needs to be restored to original Site Plan. Remove non-permitted signs along South Federal and the property. Remove all trash, debris, and discarded items from the property and dumpster areas. Swale area on the west property needs to be cleaned, mowed, and maintained by property owner. Inspector Lewis reported that this property was the Gulfstream Mall on Federal Highway. The initial inspection was on February 27, 2004 at which time the property owner was given 15 days to bring the property into compliance. Notice was sent via certified mail on April 22, 2004 and the return receipt was signed on April 26, 2004. Don Thomas, 1200 North Federal Highway, Boynton Beach, counsel and principal for owner, came to the podium along with the new management company for the Mall, Amy Smith. Mr. Thomas pled No Contest and asked for additional time, along with clarification of the outstanding issues. Mr. Thomas received a notice that referenced "enclosed violations" and there was no enclosure. He said he would need a copy of the Building Division Memorandum 03-134 before he could know what additional items were involved. Attorney Tolces advised that he would be sent this by fax. Inspector Lewis shared some pictures of the property with the Respondent and the Board. Mr. Thomas advised that much of the required work had already been done, with permits received and contracts let for the remainder of the work. Motion Based on the testimony and evidence presented in Case No. 04-359, Mr. Foot moved that this Board find that Thirty-Six Hundred Holdings LLC is in violation of Chapter 15, Article TX-15-120 (D) :L Tnclusive of the Boynton Beach Code of Ordinances and Part 3 of the Land Development Regulations, Chapter 4, Section 11, Chapter 23, Article II.O, and Chapter 21, TI. Section 3, Tnclusive, and moved to order that the Respondent correct the violations on or before .luly 3, 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 3uly 3, 2004. The Respondent is further MeeUng Minutes Code Compliance Board BpyntQn Bepch, FIQri;l~ M~y :Lg, 2004 ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Vice Chair Costantino seconded the motion that carried unanimously. Case #04-731 Property Address: Violation(s): Thirty-Six Hundred Holdings LLC 3629 S. Federal Highway PT3-LDR. Chapter 4, SEC. 11, CH23- ART I~[.O, FBC '01 ED 3401.6, BBA 104.1.1 Repair potholes and restore parking lot areas to approved site plan. Landscaping needs to be restored to original site plan. Remove non-permitted signs along South Federal Highway and the property. Remove all trash, debris and discarded items from the property and dumpster areas. Swale area on the west property needs to be cleaned, mowed, and maintained by property owners. ]:nspector Lewis stated that this was another case on the same property with similar violations. The initial inspection was done on April 1. A copy was mailed to the owner's address. Don Thomas, 1200 North Federal Highway, Boynton Beach, counsel and principal for owner, came to the podium along with the new management company for the Hall, Amy Smith. Hr. Thomas said that a lot of the problems had been corrected. A permit was just issued the previous week for $300K in roof repairs. Hr. Thomas pled No Contest and asked for 90 days. Motion Based on the testimony and evidence presented in Case No. 04-731, Vice Chair Costantino moved that this Board find that Thirty-Six Hundred Holdings LLC is in violation of Part 3 of the Land Development Regulations, Chapter 4, Section 11, Chapter 23, Article []:.O, and the Florida Building Code 2001 Edition 3401.6 and Boynton Beach Amendments 104.1.1, and moved to order that the Respondent correct the violations on or before August 17, 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 August 17, 2004. The Respondent is further ordered to contact 7 Meeting Minutes Code Compliance Board Bovnton Beach, Florida Mav 19, 2004 the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Hammer seconded the motion that passed 6-1, Ms. Cook dissenting. Case #04-561 Property Address: Violation(s): Susie Sporysz Estate 503 S.E. 23rd Avenue CH15-ART. IX-15-120 (D) 1. INC., and (E) 2 Mow and de-weed yard areas. Remove all trash, debris, and outdoor stored items. The house needs to be painted. Front yard and swale needs to be re-sodded. Inspector Lewis reported that this was a single-family non-homesteaded property. The initial inspection was done on March 15, 2004. Adam Otis, 503 S.E. 23rd Avenue, Boynton Beach, was present representing the owner. He affirmed when asked by Attorney Tolces that the owner was aware of his appearance on the owner's behalf. Mr. Otis is a tenant in this house. He pled No Contest and asked for 60 days. They were working on the violations and had done a lot of the work already. Inspector Lewis showed photographs of the property to Mr. Otis and the Board. Motion Based on the testimony and evidence presented in Case No. 04-561, Ms. Hammer moved that this Board find that the Susie Sporysz Estate is in violation of Chapter 15, Article [X-15-120 (D) !:[nclusive and (E) 2, of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violations on or before July 18, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed for each day the violation continues past July 18, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that passed unanimously. Meeting Minutes Code Compliance Board BQynton Bepch, FIQriq;la 14ay 19, 2004 Case #04-460 Property Address: Violation(s): Tony Harvey 224 N.W. 7m Court 14-3 BBC of Ord., CH15-ART.~iX-15- 120 (D) ZNC. Remove all inoperable/ unregistered vehicles. Oversize truck not permitted in residential zone. Inspector Pierre reported that this property was a single family, homesteaded dwelling. He stated that this was not the first case before the Board. Mr. Harvey removes the truck and brings it back and a neighbor continues to complain. Inspector Pierre stated that the Code Compliance Division would recommend a Cease and Desist Order if the Respondent continued to bring the over-sized truck onto the property. Tony Harvey, 224 N.W. 7th Court, Boynton Beach, pled No Contest. He stated that the truck had been moved but he had an antique vehicle for which he could not obtain insurance. Mr. Harvey believed that he should be able to park the truck in front of his house, at least overnight occasionally. Chair DeLiso explained that if Mr. Harvey brought the over-sized truck back to his residence and parked it for more than the fiffceen minutes allowed by Code, the Code inspector would assess a fine against him for that and any successive occurrences. Motion Based on testimony and evidence presented in Case No. 04-460, Mr. Foot moved that a Cease and Desist Order be issued giving Tony Harvey until May 20, 2004 to bring the violation of City of Boynton Beach Code Section 14-3 regarding truck parking into compliance. The Board has considered the gravity of the violation, the actions taken by Respondent, and any previous violations by Respondent, and hereby orders that a fine in the amount of $100 per reoccurrence of the violation therealter shall be imposed upon the Respondent. Ms. Cook seconded the motion that carried unanimously. Motion Based on the testimony and evidence presented in Case No. 04-460, Mr. Foot moved that this Board find that Tony Harvey is in violation of Chapter 15, Article [X-15-120 (D) Tnclusive of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violations on or before 3une 18, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed for each day the violation continues past .lune 18, 2004. The 9 Meeting Minutes Code Compliance Board Bovnton Beach, Florida Mav 19, 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. Ns. Cook seconded the motion that passed unanimously. Chair DeLiso explained that the Cease and Desist Order would be in effect on the day alter this meeting, and Mr. Harvey was being given one month to register or remove the antique vehicle. Case #04-874 Property Address: Violation(s): B. F. Colebrook 410 N.W. 3rd Street PT3-LDR-CH20-VIZI.SEC1.G, CH15- ART.IX-15-120 (D). INC. No water and electricity in house. The house is unsafe and unsanitary. Water and power must be turned on within 5 days. Replace broken windows. Sod bare spots and clean back yard. ]:nspector Pierre stated this was a single family homesteaded property. The violation surfaced through a citizen complaint. Lisa Colbrook, 410 NW. 3rd Street, Boynton Beach, pled No Contest and asked for 30 days to bring the property into compliance. She stated that this was her father's house but the owner's son had broken in and was living in the house. Inspector Pierre gained access to the house today and the son was in the house. He told him that the house was not safe and that he could not live there. He advised the young man that when the services were turned back on, the house could be inhabited. ]:nspector Pierre showed pictures to the Respondent and the Board. The Board discussed the best way to handle this case. Mr. Blasie stated that from the City's standpoint, the onus should be on the property owner to board it up if no one can afford to turn the water and electricity on. The Board could fine them and put a lien on the property if the boarding-up fails, and the Board could be asked to abate the nuisance. Although the case could have been referred directly to the City Commission, the Board decided to give the owner an opportunity to fix the problem before boarding up the property was considered. Inspector Pierre commented that the property was in good shape except for the lack of electricity and water. 10 Meeting Minutes Code Compliance Board Boynt0n BePch, Florida M,py 19, 2004 Motion Based on the testimony and evidence presented in Case No. 04-874, Ms. Hammer moved that this Board find that B. F. Colebrook is in violation of Chapter 15, Article IX- 15-120 (D) Inclusive and Part 3, Chapter 20, VIII. Section 1.G. of the Land Development Regulations, and moved to order that the Respondent correct the violations on or before June 3, 2004. The 8oard 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 June 3, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to veri~ compliance with this Order. Mr. Foot seconded the motion that passed unanimously. Case #04-276 Property Address: Violation(s): South Florida Properties Venture 200 Knuth Road PT3-LDR. CH 4, SEC. 11 and CH7.5- II. SEC 5.B Restore landscape to match the plan registered with the City. See Kevin Hallahan for details. inspector Roy stated that this was a commercial property. The initial inspection was February 18, 2004. The origin of the case was a citizen's complaint. A notice was sent by certified mail on April 23, 2004 and a receipt was signed on April 27, 2004. The City recommended a compliance date of June 18, 2004. Kurt Gizzerd, 909 .~asmine Drive, Delray Beach, one of the owners of the property, pled No Contest and requested 60 days. He stated that they had trimmed the trees because they were falling onto the tenant's vehicles. The complaint probably came about because when they cut the trees way back, the building was more visible than it had been prior to that. Motion Based on the testimony and evidence presented in Case No. 04-276, Ms. Hammer moved that this Board find that South Florida Properties Venture is in violation of Part 3, Chapter 4, Section 11 and Chapter 7.5-II, Section 5B of the Land Development Regulations, and moved to order that the Respondent correct the violations on or before July 3, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 day, plus administrative costs, shall be imposed for each day the violation continues past July 3, 2004. The Respondent is further ordered to contact the City of 11 Meeting Minutes Code Compliance Board Bovnt~n Be~ch, Florida Mav 19, 2004 Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Cook seconded the motion. Msi Hammer amended her motion to reflect a compliance date of July 18, 2004. Ms. Cook agreed to the amendment. Mr. Foot moved that the motion be amended to use June 18, 2004 as the compliance date. Attorney Tolces said it was not necessary to have a second to Mr. Foot's motion. It was whether or not the person who made the motion agreed to the amendment. Ms. Hammer reiterated that she did not agree with the amendment suggested by Mr. Foot. Ms. Shamblin wanted to move it to 30 days because they were cited in February and they had 90 days to fix the problem. The Board was offering to give them another 60 days and she did not think this was right. Mr. Foot said she could second his motion to amend the original motion, for June 18. Ns. Shamblin did not believe this could be done. Attorney Tolces said Ms. Hammer's motion was for July 18. If she agreed to amend the motion to June 18, 2004 it can be amended. If she does not, that motion would stand. Mr. Foot commented that he had made a motion to amend that motion. Attorney Tolces said Ms. Hammer had not agreed to it. If Ns. Hammer's motion did not pass, another motion could be made. Attorney Tolces stated that Ns. Hammer had to agree to the amendment. Mr. Foot did not agree with Attorney Tolces, since Robert's Rules allow a motion to be made to amend a motion and any such motion is to be voted on before the basis motion. Chair DeLiso said that the Board had to be guided by Legal Counsel's opinion and it was his opinion that this could not be done. The motion (Ms. Hammer's original motion) passed 5-2, Ms. Shamblin and Mr. Foot dissenting. Case #03-3114 Property Address: Violation(s): Grady Frederick 1413 N. Seacrest Boulevard CH15-ART.IX-15-120 (D) 1 Inclusive, PT3-LDR, CH20-VIII.SEC 2.A. Repair all holes in interior and exterior walls; Replace all cracked and broken windows; Replace all missing screens (windows); Replace all missing soffit screens; 12 Meeting Minutes Code Compliance Board BoYnton Beach, Florida M~¥ 19, 20~4 Repair all electrical outlets and properly cover; Repair electrical panel box; Repair all light fixtures; Properly cover all sewer lines; Stop renting laundry room (not a habitable dwelling unit); Install smoke detectors; Replace kitchen cabinets; Replace all doors, interior and exterior; Repair water damaged ceiling from roof leak; Remove all loose trash and debris; Keep dwelling clean and in sanitary condition; Sod all bare areas in yard and swale. Inspector Webb stated that this was a single-family non-homesteaded property. Written notice was given and mailed on November 24, 2003 with 30 days to comply. Certified mail was sent on April 24, 2004 and a return receipt was dated May 5, 2004. Notice was sent by regular mail on November 24, 2003. The Police discovered the violations as a result of a drug raid last year. Inspector Webb had 14 pictures taken by Code Compliance and 65 pictures taken by the Police Department. At the time of the drug raid, the primary hazard was due to electrical issues. Grady Frederick, 1413 North Seacrest Boulevard, Boynton Beach, stated that he was living in the property. Mr. Frederick pled No Contest. He stated that most of the problems had been corrected. He did the swale and the windows and the fixtures in the house. The roof leak was fixed, but not the inside. The kitchen cabinets have not been replaced yet. :Inspector Webb reported that he had made three attempts to gain access to the properly to reinspect but had so far been unsuccessful. The Board examined the photographs. Mr. Frederick stated that he would need 60 days to correct the remaining problems. He stated that he was not renting out the laundry room. He stated that if a person would commit to staying in the house for ten years, the City would help them make the necessary repairs. He wanted to try to do it himself. ]:f he is not able to do this, he hoped he could get on that program. He stated that the electrician said the wiring was fine. 13 Meeting Minutes Code Compliance Board Boynton Beach, FIQrida May 19,2004 Motion Based on the testimony and evidence presented in Case No. 03-3114, Mr. Foot moved that this Board find that Grady Fredericks is in violation of Part 3, of the Land Development Regulations, Chapter 20 VIII. Section 2A, and moved to order that the Respondent correct the violations on or before May 29, 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 29, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that passed unanimously. Motion Based on the testimony and evidence presented in Case No. 03-3114, Mr. Foot moved that this Board find that Grady Fredericks is in violation of Chapter 15, Article IX-15-120 (D) i Inclusive of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violations on or before June 18, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day, plus administrative costs, shall be imposed for each day the violation continues past June 18, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that passed unanimously. Chair DeLiso advised Mr. Fredericks that the first motion gave him about 9 days to correct the electrical violations and a month to correct the rest. Vice Chair Costantino stated that if the electrical issues were taken care of, all Mr. Fredericks had to do was arrange to meet with the Code Inspector for the final inspection. Attorney Tolces apologized to the Board and stated that he had given some incorrect advice earlier in the meeting pertaining to Mr. Foot's amendment motion to an existing motion. He said that Mr. Foot was indeed correct and that his motion would have been proper if it had been seconded at that time. Case #04-583 Property Address: Violation(s): Augustin Lejan 1520 N.E. 2nd Court CH15-ART.:[X-15-120 (D) I :[NC, 13-16 BBC of Ord, Chapter 20, Section 8 E-16 and BBA 104.1.1 of the FBC '01 ED 14 Meeting Minutes Code Compliance Board Bovntpn B~pch, Florida M~y Sc), 2004 Remove all loose trash and debris including auto parts, abandoned vehicle, and doors. Repair holes in wall. An occupational license is required for rental property. Permits needed for water heater, interior walls, and electricity. Sod yard and swale where bare areas appear. Place four-inch house number on building. Inspector Webb reported that the initial inspection of this property had been on March 16, 2004. ]:t was a single-family non-homesteaded house. The violation was originated through a complaint by Bethesda Hospital. The owner had left the emergency room at Bethesda Hospital against doctor's orders and a nurse called the Police to let him know that he needed to return to the hospital. The Police discovered that a garage had been turned into a bedroom and believed that there were some safety issues. Maria Alexis, 1520 N.E. 2"d Court, Boynton Beach, appeared on behalf of her uncle, the owner of the house. Ms. Alexis has lived in this property for 13 years. She stated that she would move all the loose trash and debris from the property after this meeting. Motion Based on the testimony and evidence presented in Case No. 04-583, Vice Chair Costantino moved that this Board find that Augustin Lejan is in violation of Chapter 15, Article ]:X-15-120 (D) i Tnclusive, Section 13-16, Chapter 20, Section 8E16, of the City of Boynton Beach Code of Ordinances, and the Florida Building Code 2001 Edition, Boynton Beach Amendments 104.1.1, and moved to order that the Respondent correct the violations on or before 3une 3, 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 .lune 3, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that passed unanimously. Ms. Alexis was advised to tell her uncle that he needed to bring the property into compliance by .lune 3, 2004. Also, when the violations were corrected, he should contact the City to have the property inspected so they could verify compliance. 15 Meeting Minu~es Code Compliance Board Bovnton Beach, Florida May 19, 2004 VIII. Old Business A. Lien Penalty Certifications Case #04-161 Abraham Cowrie 3150 Orange Street Inspector Guillaume reported that this property had originally been cited on January 28, 2004 for permits and inspection requirements. A Code Compliance Board hearing was held on March 17, 2004 and no one appeared. The Board set a compliance date of April 16, 2004 and proposed a fine of $25.00.00 per day. The property came into compliance on May 11, 2004 for 24 days of non-compliance. The City recommended No Fine. Motion Based on the testimony and evidence presented in Case No. 04-161, Mr. Foot moved that this Board find that the Respondent, Abraham Cowrie, was in violation of the Standard Building Code 1997 Edition 1014.6.1 subsequent to the date of compliance specified in this Board's Order of March 17, 2004, and in consideration of the gravity of the violation, the actions taken by the Respondent to remedy the violation, and previous violations of the Respondent, that this Board impose and certify a fine in the amount of $0.00, including administrative costs. Notion seconded by Ns. Hammer and carried unanimously. Case #03-1893 Peniel Evangelical Alliance 515 N.E. 3rd Street Inspector Laverdure reported that this properly had originally been cited on June 25, 2003 for violations of the Community Appearance Code. A Code Compliance Board hearing was held on February 18, 2004 and no one appeared. The Board set a compliance date of April 18, 2004 and proposed a fine of $25.00 per day. The violations still exist. Gaston St. Louis, Vice Pastor at Peniel Evangelical Alliance Church, appeared. He stated that they had applied for a permit for the parking lot and the landscaping, but had not gotten it yet. The City sent them some comments and they are working on those comments now. Motion Ms. Hammer moved to table Case No. 03-1893 until the Code Compliance Board meeting on 3une 16, 2004. Mr. Foot seconded the motion that carried unanimously. 16 Meeting Minutes Code Compliance Board BoYntQn Beach, FIQri~lp M~v zg, 2004 Case #04-16 Steven B. Paskind 137 N.E. 11m Avenue Inspector Laverdure reported that this property had originally been cited on .lanuary 6, 2004 for violations of the Florida Building Code. The Board hearing date was March 17, 2004 and no one appeared. The Board set a compliance date of April 16, 2004 and proposed a fine of $25.00 per day. The violations still exist. Robert Liguori, 2312 S.W. 60th Terrace, Miramar, stated that this property had been obtained through a foreclosure. It was cleaned up, boarded up, and they had a contract but the buyer backed out. Tomorrow, they plan to re-open the existing permit that expired in 2002 and do the work. They requested 45 days to get it done. It could be done quicker, but they had to order three windows and had to re-open the permit. Chair DeLiso was concerned that if they tabled the case and a person bought the property, there would be nothing in the public record about this potential lien. Mr. Liguori stated that he had disclosed this to the potential buyer and had his signature on the violation notice. He also stated that Mr. Paskind intended to correct the violation. Motion Mr. Foot moved to table Case #04-16 until the Code Compliance Board meeting on June 16, 2004. Vice Chair Costantino seconded the motion that carried unanimously. Cases to be Heard (continued) Case #03-3113 Property Address: Violation(s): 3oseph 3ean 141 S.E. 13m Avenue 13-16 BBC of ORD; PT3-LDR. CH20- VTTT.SEC 2.A and 2.B Occupational license required to rent house. Please repair all electric. Outlets must be in good and working order. House must be weatherproof, rodent and insect proof, and in good repair. Inspector Laverdure recommended that Case No. 03-3113 be tabled until .luly 21. Motion Vice Chair Costantino moved to table Case No. 03-3113 Shamblin seconded the motion that carried unanimously. until .luly 21, 2004. Ms. Case #04-17 Property Address: Marwan Ghali & Suhair Ghali 111 N.E. 10th Avenue 17 Meeting Minutes Code Compliance Board Bovnton Beach, Florida Mav 19, 2004 Violation(s): 105.11 BBA, FBC'01 106.1.1 and 104.6 Church has never received C.O. since owner changed occupancy from a Laundromat into a church without the supporting infrastructure. Permit now voided. Numerous extensions were given and the parking lot has not been completed. The parking lot permit expired on December 24, 2003. Status checks were performed on December 19, 2003 and 12/30/03, which indicate work not installed per plan and no continued activity has occurred. The church is occupied without benefit of a Certification of Occupancy. Inspector Laverdure recommended tabling Case No. 04-17 for 60 days. Motion Vice Chair Costantino moved to table Case #04-17 until the Code Compliance Board meeting of July 21, 2004. Ms. Shamblin seconded the motion that carried unanimously. Case #04-635 Property Address: Violation(s): Margery 3ohnson 405 W. Ocean Avenue 13-16 B.B.C. of Ord. Occupational license required to rent house. Permit is also required to enclose carport and storage room Inspector Cain reported that the owner lives at 46 Marina Way, Delray Beach. The City recommended a compliance date of June 3, 2004. Mction Based on the testimony and evidence presented in Case No. 04-635, Ms. Hammer moved that that this Board find that Margery 3ohnson is in violation of Section 13-16 of the Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violations on or before 3une 3, 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 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 19, 2004 Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed for each day the violation continues past 3une 3, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Vice Chair Costantino seconded the motion that passed unanimously. Case #04-718 Property Address: Violation(s): Ulrick Malvoisin 216 S.W. 5th Avenue 10-2, CH15-ART.:[X-15-120 (D) :[NC, and FBC '01 ED BBA 104.1.1 Remove trash and debris from rear yard including bicycles, vehicles, ladders, broken fence. Permit required for fence. Inspector Cain reported that the City recommended 30 days for compliance. Motion Based on the testimony and evidence presented in Case No. 04-718, Ms. Hammer moved that that this Board find that Ulrick Malvoisin is in violation of Section 10-2, Chapter 15, Article ]:X-15-120 (D) Inclusive of the City of Boynton Beach Code of Ordinances and Florida Building Code 2001 Edition Boynton Beach Amendment 104.1.1, and moved to order that the Respondent correct the violations on or before .lune 3, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed for each day the violation continues past .lune 3, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Vice Chair Costantino seconded the motion that passed unanimously. Case #04-732 Property Address: Violation(s): 3P I~lorgan Chase Bank TR 451 N.E. 26m Avenue CH15-ART.]:X-15-120 (D) I :[NC, and (E) 2C, and FBC [01 ED BBA 104.1.1 Mow overgrown weeds. Trim bushes. Remove all loose trash and debris. :[nstall sod in yard and swale. Repair driveway. Repair or replace windows (permit required). 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 19, 2004 Inspector Guillaume reported that this case was discovered through a routine neighborhood inspection. The City recommended 30 days. Mr. Foot moved for a fine of $25.00 day and a compliance date of .lune 18, 2004. Vice Chair Costantino asked if he would consider increasing the fine since .1P Morgan Chase was a regular visitor to the Board. Mr. Foot declined. Motion Based on the testimony and evidence presented in Case No. 04-732, Mr. Foot moved that that this Board find that .1P Morgan Chase Bank Tr is in violation of Chapter 15, Article IX-15-120 (E) I ]:nc and (E) 2C of the City of Boynton Beach Code of Ordinances, and the Florida Building Code 2001 Edition Boynton Beach Amendment 104.1.1, and moved to order that the Respondent correct the violations on or before .lune 18, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed for each day the violation continues past .1une 18, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Hammer seconded the motion that carried unanimously. Case #04-257 Property Address: Violation(s): Doretha Hillsman 340 N.E. 11th Avenue 13-16, CH-15-ART.:[X-15-120 (E) 1 Occupational license required. Repair carport timbers. Inspector Laverdure reported that the owner lives at 4827 .1 Street N.E., Washington D.C. The City recommended .lune 18, 2004 as a date of compliance. He stated that the timbers had already been placed and that the remaining violation was the occupational license. Motion Based on the testimony and evidence presented in Case No. 04-257, Vice Chair Costantino moved that that this Board find that Doretha Hillsman is in violation of Section 13-16 of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violations on or before .1une 18, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed for each day the violation continues past .~une 18, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance 20 Meeting Minutes Code Compliance Board Boynton Beach, FIorid~ May 19, 2004 Division in order to arrange for reinspection of the property to verify compliance with this Order. IVlr. Foot seconded the motion that carried unanimously. Case #04-263 Property Address: Violation(s): Rebecca King 240 N.E. 13~h Avenue CH15-ART.IX-15-120 (D) 1 INC. Pick up all trash and debris. Remove all lawn mowers. Remove all outside storage and sod all bare spots. Tnspector Laverdure stated that the City recommended a compliance date of .lune 18, 2004. Motion Based on the testimony and evidence presented in Case No. 04-263, Mr. Foot moved that that this Board find that Rebecca King is in violation of Chapter 15, Article ~[X-15- 120 (D) 1 ]:nc of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violations on or before June :~8, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed for each day the violation continues past June 18, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Vice Chair Costantino seconded the motion that carried unanimously. Case #04-323 Property Address: Violation(s): Immacula Sylvain 259 N.E. 6th Avenue CH15-ART.~(-15-120 (D) 1 INC. Sod all bare spots in yard and swale. Tnspector Laverdure stated that the City recommended June 18, 2004 for a date of compliance. Motion Based on the testimony and evidence presented in Case No. 04-323, Ms. Shamblin moved that that this Board find that :[mmacula Sylvain is in violation of Chapter 15, Article 1~X-15-120 (D) 1 :[nc of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violations on or before .lune 18, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if 2! Meeting Minutes Code Compliance Board Bpvnton Bepch, Floridp Mav 19, 2004 the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed for each day the violation continues past June 18, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Vice Chair Costantino seconded the motion that carried unanimously. Case #04-448 Property Address: Violation(s): Nathaniel Robinson N. E. 4m Avenue, Lot 33 (vacant lot) 10-2 BBC of ORD; CH15-ART.IX-15- 120 (D) 1 INC. Cut all overgrowth. Remove Florida Holly. Clean up all trash and debris. Inspector Laverdure stated that the City recommended a compliance date of June 18, 2004. Motion Based on the testimony and evidence presented in Case No. 04-448, Mr. Foot moved that that this Board find that Nathaniel Robinson is in violation of Chapter 15, Article TX- 15-120 (D) 1 Tnc of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violations on or before June 18, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed for each day the violation continues past June 18, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that carried unanimously. Case #04-449 Property Address: Violation(s): Arthur ]. Algonas NE 4th Avenue, Lot 32 (vacant lot) 10-2 BBC of ORD, CH15-ART.~X.15- 120 (D) 1 INC. Cut all overgrowth. Remove any Florida Holly. Clean up lot. Remove trash and debris. Inspector Laverdure reported that Mr. Algonas had been at the meeting and they had discussed this case. The City recommended July 18, 2004 as the date of compliance. Mr. Algonas lives at 902 Yves Street, Delray Beach. 22 Meeting Minutes Code Compliance Board Boynt0n Beach. Florida May 19, 2004 t4otion Based on the testimony and evidence presented in Case No. 04-449, Vice Chair Costantino moved that that this Board find that Arthur Algonas is in violation of Chapter 15, Article :[X-15-120 (D) I :[nc and Section 10-2 of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violations on or before ~luly 18, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed for each day the violation continues past .]uly 18, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Shamblin seconded the motion that carried unanimously. Case #04-450 Property Address: Violation(s): Arthur :l. Algonas NE 4m Avenue, Lot 20 (vacant lot) 10-2 and 10-3 BBC of ORD, and CH15-ART. IX-15-120 (D) 1 I~NC. Cut or remove trees next to street and neighboring home, as they are hurricane hazards. Cut all overgrowth on lot. Remove any Florida Holly and all trash and debris. :[nspector Laverdure stated that the City recommended a compliance date of .]uly 18, 2004. Ms. Cook asked :[nspector Laverdure if he were sure about giving 60 days since he had stated there was a hurricane hazard involved. Inspector Laverdure stated that it was just big pines that were close to the street. Motion Based on the testimony and evidence presented in Case No. 04-450, Mr. Foot moved that that this Board find that Arthur Algonas is in violation of Chapter 15, Article :[X-15- 120 (D) i :[nc and Section 10-2 and 10-3 of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violations on or before .]uly 18, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed for each day the violation continues past .]uly 18, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to 23 Meeting Minutes Code Compliance Board Bovnton Beach, Florida May 19, 2004 verify compliance with this Order. Ms. Cook seconded the motion that carried unanimously. The question of why the City was bringing forward vacant lot issues to the Board was raised, inspector Laverdure stated that the City hoped to get the property owners to step up to the responsibility of taking care of their own lots. Case #04-609 Property Address: Violation(s): Eleanor Mastroianni 105 NE. 4th Avenue CH15-ART. IX-15-120 (D) 1 INC. Sod all bare spots in yard and swale. Pick up all trash and debris. inspector Laverdure reported that the owner lived at 10170 40th Way, #258, Boynton Beach, Florida. The City recommended June 18, 2004 for compliance. Motion Based on the testimony and evidence presented in Case No. 04-609, Ms. Cook moved that that this Board find that Eleanor Mastroianni is in violation of Chapter 15, Article IX-15-120 (D) 1 ]~nc of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violations on or before 3une 18, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed for each day the violation continues past .lune 18, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Shamblin seconded the motion that carried unanimously. Case #04-610 Property Address: Violation(s): Jed Denahan 705 N.E. 8th Avenue CH15-ART.IX-15-120 (D) I INC. and 15-16 BBC of ORD. Sod west side of driveway and put 4" street numbers on home so they may be seen from the street. Trim trees in swale area and mow around those trees. ]:nspector Laverdure stated that the City recommended a compliance date of 3une 18, 2004. 24 Meeting Minutes Code Compliance Board Bovnton Beach, Fl~)rida Mav 19, 2004 Notion Based on the testimony and evidence presented in Case No. 04-610, Ms. Shamblin moved that that this Board find that .led Denahan is in violation of Chapter 15, Article ~[X-15-120 (D) I 1nc and 15-16 of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violations on or before .lune 18, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, administrative costs, shall be imposed for each day the violation continues past .lune 18, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that carried unanimously. Case #04-625 Property Address: Violation(s): Robin Cogas 112 NE. 4m Avenue CH15-ART. IX-15-120 (D) INC. Sod all bare spots in yard swale. and Inspector Laverdure reported that Ms. Cogas lives at 502 Sunshine Drive, Boynton Beach. The City recommended a compliance date of .lune 18, 2004. Motion Based on the testimony and evidence presented in Case No. 04-625, Vice Chair Costantino moved that that this Board find that Robin Cogas is in violation of Chapter 15, Article IX-15-120 (D) I 1nc of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violations on or before .lune 18, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed for each day the violation continues past .lune 18, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Shamblin seconded the motion that carried unanimously. Case #04-665 Property Address: Violation(s): Lucio & Maria V. Garcia 501 N.E. 2nd Street CH15-ART.IX-15-120 (D) INC, 15- 16 BBC of ORD, Chapter 20, SEC. 8 E-16 De-weed and mow yard. Pick up all trash and debris. Water and 25 Meeting Minutes Code Compliance Board BQvnton Bepch, Flgrida May 19, 2004 fertilize yard to give a uniform green appearance. Inspector Laverdure reported that the records of Palm Beach County show this property as being at 501 N.E. 1st Street instead of 2nd Street. Since it is a duplex that fronts on each street, that was not considered to be a problem. Motion Based on the testimony and evidence presented in Case No. 04-665, Ms. Shamblin moved that that this Board find that Lucio and Maria V. Garcia are in violation of Chapter 15, Article IX-15-120 (D) In¢ and 15-16 and Section 8 E-16 of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondents correct the violations on or before 3une 18, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed for each day the violation continues past .]une 18, 2004. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to veri~ compliance with this Order. Ms. Hammer seconded the motion. The motion passed unanimously. Vice Chair Costant/no mentioned that the Board had been seeing a lot of citations for street numbers. She thought this would be a hazard if the Po/ice and F/re services could not lind an address and that giving 30 days was too long in light of that. her. Blasie said the City was in the process of doing an addressing initiative that would address this issue at the residential and commercial levels. In the interim, her. Blasie has asked the inspectors to add the addressing issue to any other violations they happen to observe. Vice Chair Costantino said the Board could give a grace period until this item was fully implemented. Case #O4-563 Property Address: Violation(s): Robin Cogas 505 S.E. 23~ Avenue CH:L5.ART.[X-:L5-;L20 (D) ;L [NC. Mow and de-weed, and re-sod dead areas of front yard and swale. Remove pod storage container. Inspector Lewis reported that this was a single family, non-homesteaded home. The City recommended 3une 18, 2004 for compliance. MQtion Based on the testimony and evidence presented in Case No. 04-563, Ms. Cook moved that that this Board find that Robin Cogas is in violation of Chapter 15, Article IX-15-120 26 Meeting Minutes Code Compliance Board Bovnton Beach, Floridp May 19, 2004 (D) i Thc of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violations on or before June 18, 200~,. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed for each day the violation continues past June 18, 200,~. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Vice Chair Costantino seconded the motion that carried unanimously. Case #04-652 Property Address: Violation(s): Cevallos f4edardo 132 N.W. 4th Avenue CH15-ART.IX-15-120 (D) INC. Sod bare spots in yard. Inspector Pierre stated that the City recommended a compliance date of June 18, 2004. Motion Based on the testimony and evidence presented in Case No. 04-652, Ms. Cook moved that that this Board find that Cevallos Medardo is in violation of Chapter 15, Article IX- 15-120 (D) i 1nc of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violations on or before June 18, 200,~. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed for each day the violation continues past June 18, 200~,. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Vice Chair Costantino seconded the motion that carried unanimously. Case #04-707 Property Address: Violation(s): Ernest A. Wright 615 N.W. 4th Street CH15-ART.TX-15-120 (D) INC. Sod front yard. Trim overgrowth in back yard. Remove all loose trash. Repair or replace garage door. Clean front and back yards. Inspector Pierre stated that the City recommended a compliance date of June 18, 200~,. Motion Based on the testimony and evidence presented in Case No. 0a,-707, Ms. Shamblin moved that that this Board find that Ernest A. Wright is in violation of Chapter 15, 27 Meeting Minutes Code Compliance Board Boynton Beach, Florid~ Mav 19, 2004 Article IX-15-120 (D) Inc of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violations on or before .lune 18, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed for each day the violation continues past .lune 18, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Hammer seconded the motion that carried unanimously. Case #04-469 Property Address: Violation(s): 3ohnny L. & Linda A. Waters 1635 N.E. 3~ Street CH15-ART. ZX-15-120 (D) lA, CH 20, SEC 8, E-16 Remove all inoperable and unlicensed vehicles. Place 4" house number on building. Inspector Web stated that the City recommended a compliance date of .lune 18, 2004. Motion Based on the testimony and evidence presented in Case No. 04-469, Ms. Cook moved that that this Board find that .lohnny L. and Linda A. Waters are in violation of Chapter 15, Article ]:X-15-120 (D) lA, and Chapter 20, Section 8 E-16 of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondents correct the violations on or before .lune 18, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed for each day the violation continues past .lune 18, 2004. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Vice Chair Costantino seconded the motion. Ms. Shamblin thought that with the auto repair, the fine should be higher and suggested $75 per day. Ms. Cook and Vice Chair Costantino agreed to so amend the motion. The motion passed unanimously. Case #04-500 Property Address: Violation(s): Anna f4. Santiago 2180 N. Seacrest Boulevard CH15-ART. ZX-15-120 (D) Chapter 20, SEC 8 E-16 IINC, 28 Meeting Minutes Code Compliance Board Bovnton Beach, Florida May 19,2004 Sod yard. Remove all loose trash. Remove all inoperable and unlicensed vehicles and place 4" house number on building. Inspector Webb stated that the City recommended a compliance date of June 18, 2004. t4otion Based on the testimony and evidence presented in Case No. 04-500, Vice Chair Constantino moved that that this Board find that Anna M. Santiago is in violation of Chapter 15, Article ]:X-15-120 (D) 1 1nc and Chapter 20, Section 8 E-16 of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violations on or before .lune 18, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed for each day the violation continues past June 18, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that carried unanimously. Case #04-501 Property Address: Violation(s): Edward & Haw R. Engram 2160 N. Seacrest Boulevard CH 15-ART.~[X-15-120 (D) .lA, Chapter 20, SEC 8 E-16 Remove all inoperable and unlicensed vehicles and place 4" high house number on building. Inspector Webb stated that the City recommended a compliance date of May 29, 2004. Notion Based on the testimony and evidence presented in Case No. 04-501, Ms. Shamblin moved that that this Board find that Edward & Mary R. Engram are in violation of Chapter 15, Article ]:X-15-120 (D) ]:nc and Chapter 20, Section 8 E-16 and Part 3 of the Land Development Regulations, Chapter 2, Section 5.A.1, of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondents correct the violations on or before May 29, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed for each day the violation continues past May 29, 2004. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection 29 Meeting Minutes Code Compliance Board Bpynton Beach, Flori~Jp MOy 19, 2004 of the property to verify compliance with this Order. Vice Chair Costantino seconded the motion that carried unanimously. Case #04-581 Property Address: Violation(s): Winston G. & Jacinth A. James 1521 N.E. 2nd Court CH15-ART.TX-15-120 (D) 1 INC. Remove all inoperable and unlicensed vehicles. Remove loose trash and sod bare areas in yard and swale. Inspector Webb stated that the City recommended a compliance date of .lune 18, 2004. IVlotion Based on the testimony and evidence presented in Case No. 04-581, Ms. Shamblin moved that that this Board find that Winston G. & .~acinth A..lames are in violation of Chapter :~5, Article [X-15-120 (D) i [nc of the City of Boynton Beach Code of Ordinances, and moved to order that the Respondents correct the violations on or before _lune 18, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed for each day the violation continues past .lune 18, 2004. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Vice Chair Costantino seconded the motion that carried unanimously. Case #04-714 Property Address: Violation(s): I~larie T. Germain 1519 N.E. Ist Court CH15-ART.:[X-15-120 (D) .lA and CH 20 SEC 8 E-16 Remove inoperable and unlicensed vehicle. Place 4 inch house number on building. Inspector Webb reported that the City recommended 15 days for compliance. I~10tion Based on the testimony and evidence presented in Case No. 04-714, Ms. Shamblin moved that that this Board find that Marie T. Germain is in violation of Chapter 15, Article [X-15-120 (D) lA and Chapter 20, Section 8 E-16 of the City of Boynton Beach 3O Meeting Minutes Code Compliance Board Boynton Be~ch, Florida May lC)f 2004 Code of Ordinances, and moved to order that the Respondent correct the violations on or before .lune 3, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed for each day the violation continues past .lune 3, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Vice Chair Constantino seconded the motion that carried unanimously. Lien Penalty Certifications recommended certifying the fine in the fo/lowing cases at $25.00 per day: Case #03-2654; Case #03-2853; Case #03-2854; Case #03-3178; Case #03- 3220; and Case 04-165 Case #03-2654 Darcelin Larousse 121 S.W. 4th Avenue Motion Based on the testimony and evidence presented in Case No. 03-2654, Vice Chair Costantino moved that this Board find that the Respondent has not complied with this Board's Order dated November 19, 2003, and having considered the gravity of the violations, the actions taken by the Respondent and any and all previous violations committed by the Respondent, that this Board impose and certify a fine in the amount of $25.00.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Ms. Shamblin and carried unanimously. Case #03-2853 3ean P. Messeroux 2950 S.E. 2nd Street Motion Based on the testimony and evidence presented in Case No. 03-2853, Vice Chair Costantino moved that this Board find that the Respondent has not complied with this Board's Order dated December 17, 2003, and having considered the gravity of the violations, the actions taken by the Respondent and any and all previous violations committed by the Respondent, that this Board impose and certify a fine in the amount of $25.00.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Ms. Shamblin and carried unanimously. Case #03-2854 .lean P.Messeroux 1970 S.E. 2nd Street 31 Meeting Minutes Code Compliance Board Bovnton Beach, Florida May 19, 2004 Motion. Based on the testimony and evidence presented in Case No. 03-2854, Vice Chair Costantino moved that this Board find that the Respondent has not complied with this Board's Order dated December 17, 2003, and having considered the gravity of the violations, the actions taken by the Respondent and any and all previous violations committed by the Respondent, that this Board impose and certify a fine in the amount of $25.00.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Ms. Shamblin and carried unanimously. Case #03-3178 Richard Parsons 435 W. Boynton Beach Blvd. Motion Based on the testimony and evidence presented in Case No. 03-3178, 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 a fine in the amount of $25.00.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Ms. Shamblin and carried unanimously. Case #03-3220 3oseph S. & 150 Flamingo Drive 3osephine Nania Motion Based on the testimony and evidence presented in Case No. 03-3220, Vice Chair Costantino moved that this Board find that the Respondents have not complied with this Board's Order dated March 17, 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 a fine in the amount of $25.00.00 per day, plus administrative costs, which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Ms. Shamblin and carried unanimously. Case #04-165 Gary Lee 240 N.W. 20th Court Motion Based on the testimony and evidence presented in Case No. 04-165, Vice Chair Costantino moved that this Board find that the Respondents have not complied with this Board's Order dated March 17, 2004, and having considered the gravity of the violations, the actions taken by the Respondents and any and all previous violations 32 Meeting Minutes Code Compliance Board Boynton Beach, Florida Mav 19, 2004 committed by the Respondents, that this Board impose and certify a fine in the amount of $25.00.00 per day, plus administrative costs, which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Ms. Shamblin and carried unanimously. [nspector Roy recommended that the Board certify a tfne in the amount of $100 per day in Case IVo. 03-3257. Case #03-3257 Quantum Park & Village 875 N.W. 22nd Avenue Motion Based on the testimony and evidence presented in Case No. 03-3257, Mr. Foot moved that this Board find that the Respondents have not complied with this Board's Order dated April 21, 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 a fine in the amount of $100.00 per day, plus administrative costs, which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Vice Chair Costantino and carried unanimously. [nspector Roy recommended "lVo Fine"in the followin9 cases that have come into compliance: Case #03-951, Case #02-3230, Case #03-1850, Case #03-3248, Case #03- 2070, Case #04-168, and Case # 04-230 Case #03-951 Dennis F. Shelmerdine 111 S.W. 10th Avenue Motion Based on the testimony and evidence presented in Case No. 03-951, Ms. Shamblin moved that this Board find that the Respondent, Dennis F. Shelmerdine, was in violation of Chapter 15, Article TX-15-120 (D) 1.D of the City of Boynton Beach Code of Ordinances subsequent to the date of compliance specified in this Board's Order of .lune 18, 2003, and in consideration of the gravity of the violation, the actions taken by the Respondent to remedy the violation, and previous violations of the Respondent, that this Board impose and certify a fine in the amount of $0.00, including administrative costs. Motion seconded by Vice Chair Costantino and carried unanimously. Case #02-3230 George & Yvette Williams 110 N.E. 27th Avenue Motion 33 Meeting Minutes Code Compliance Board Boynt0n Bepch, Fl(~ridp May 19, 2004 Based on the testimony and evidence presented in Case No. 02-3230, Ms. Shamblin moved that this Board find that the Respondents, George & Yvette Williams, were in violation of the Standard Building Code 1997 Edition 104.6.1 and 105.6 subsequent to the date of compliance specified in this Board's Order of September :[7, 2003, and in consideration of the gravity of the violation, the actions taken by the Respondents to remedy the violation, and previous violations of the Respondents, that this Board impose and certify a fine in the amount of $0.00, including administrative costs. Motion seconded by Vice Chair Costantino and carried unanimously. Case #03-1850 Helene Geist 3605 N. Old Dixie Hwy. Motion Based on the testimony and evidence presented in Case No. 03-1850, Ms. Shamblin moved that this Board find that the Respondent, Helene Geist, was in violation of the Florida Building Code 2001 Edition 104.1.1 and 105.6 and 13-16 and Chapter 15, Article ]:X-15-120 (D) I ]:nclusive of the City of Boynton Beach Code of Ordinances subsequent to the date of compliance specified in this Board's Order of November 19, 2003, and in consideration of the gravity of the violation, the actions taken by the Respondent to remedy the violation, and previous violations of the Respondent, that this Board impose and certify a fine in the amount of $0.00, including administrative costs. Motion seconded by Vice Chair Costantino and carried unanimously. Case #03-3248 Ben Henschel Tr 402 N.W. 3rd Street Motion Based on the testimony and evidence presented in Case No. 03-3248, Ms. Shamblin moved that this Board find that the Respondent, Ben Henschel Tr, was in violation of Chapter 15, Article ]:X-15-120 (D) Inclusive of the City of Boynton Beach Code of Ordinances subsequent to the date of compliance specified in this Board's Order of February 18, 2004, and in consideration of the gravity of the violation, the actions taken by the Respondent to remedy the violation, and previous violations of the Respondent, that this Board impose and certify a fine in the amount of $0.00, including administrative costs, lvlotion seconded by Vice Chair Costantino and carried unanimously. Case #03-2070 Pauline Morgan 2020 N.W. 2nd Court Motion Based on the testimony and evidence presented in Case No. 03-2070, Ms. Shamblin moved that this Board find that the Respondent, Pauline Morgan, was in violation of Chapter 15, Article IX45-120 (D) 1 ]:nclusive of the City of Boynton Beach Code of Ordinances subsequent to the date of compliance specified in this Board's Order of September 17, 2003, and in consideration of the gravity of the violation, the actions 34 MeeUng Minutes Code Compliance Board Boynton Beiach, Fk~rida May 19, 2004 taken by the Respondent to remedy the violation, and previous violations of the Respondent, that this Board impose and certify a fine in the amount of $0.00, including administrative costs. Motion seconded by Vice Chair Costantino and carried unanimously. Case #04-168 Robert B. Graham 2021 N.W. 20~ Street Motion Based on the testimony and evidence presented in Case No. 04-168, Ms. Shamblin moved that this Board find that the Respondent, Robert B. Graham, was in violation of Chapter 15, Article TX-15-120 (D) Inclusive and 15-16 of the City of Boynton Beach Code of Ordinances subsequent to the date of compliance specified in this Board's Order of March 17, 2004, and in consideration of the gravity of the violation, the actions taken by the Respondent to remedy the violation, and previous violations of the Respondent, that this Board impose and certify a fine in the amount of $0.00, including administrative costs. Motion seconded by Vice Chair Costantino and carried unanimously. Case #04-230 3erome & Norma Serge 110 N.E. 19m Avenue Motion Based on the testimony and evidence presented in Case No. 04-230, Ms. Shamblin moved that this Board find that the Respondents, .lerome & Norma Serge, were in violation of Part 3, LDR, Chapter 20, VIlli. Sec 2.A, 13-16 B.B.C. of Ord, Chapter 15, Article ]X-15-120 (D) 1 Inc., 15-16 B.B.C. of Ord., Chapter 20 Section 8 E-16 subsequent to the date of compliance specified in this Board's Order of April 21, 2004, and in consideration of the gravity of the violation, the actions taken by the Respondents to remedy the violation, and previous violations of the Respondents, that this Board impose and certify a fine in the amount of $0.00, including administrative costs. Motion seconded by Vice Chair Costantino and carried unanimously. Inspector Roy recommended that Case IVo. 03-20gl be tabled until June 2004. Case #03-2091 Mariners Way HOA 800 Mariners Way Motion Ms. Hammer moved to table Case #03-2091 until the Code Compliance Board meeting of June 16, 2004. Vice Chair Costantino seconded the motion that carried unanimously. Inspector Roy recommended that the following cases be tab/ed until July 2004: 35 Meeting Minutes Code Compliance Board BoYntQn Beach, FIQrida May 19,2004 Case #03-2496 Case #03-2152 Case #03-3193 Case #03-824 Case #03-1607 Case #03-2496 3oseph A. 3ean 141 S.E. 13m Avenue Motion Ms. Hammer moved to meeting of .luly 21, 2004. table Case No. 03-2496 until the Code Compliance Board Ms. Shamblin seconded the motion that carried unanimously. Case #03-2152 Premier Gateway Center at Quantum 2051 High Ridge Rd. Motion Ms. Hammer moved to table Case No. 03-2152 until the Code Compliance Board meeting of .]uly 21, 2004. IVls. $hamblin seconded the motion that carried unanimously. Case #03-3193 A. & Willie r4ae Hankerson 320 N.W. 2nd Street Motion Ms. Hammer meeting on unanimously. moved to table Case No. 03-3193 until the Code Compliance Board July 21, 2004. IVls. Shamblin seconded the motion that carried Case #03-824 Thomas ¥ilius 125 N.W. 4th Avenue Iqotion Ms. Hammer moved to table Case No. 03-824 until the Code Compliance Board meeting on ~luly 21, 2004. Ms. Shamblin seconded the motion that carried unanimously. Case #03-1607 Robert 3. & Betty A. Iqoran, Sr. 408 N.E. 20th Avenue Motion Ms. Hammer meeting on unanimously. moved to table Case No. 03-1607 until the Code Compliance Board July 21, 2004. Ms. Shamblin seconded the motion that carried 36 Meeting Minutes Code Compliance Board Bovnton Bepch, FIQrida May 19, 2004 IX. Adjournment Since them was no further business before the Board, the meeting was duly adjourned at 9:15 p.m. Respectfully submitted, Susan Collins Recording Secretary (052004) 37