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Minutes 06-16-04MINUTES OF THE CODE COMPLIANCE BOARD REGULAR MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON WEDNESDAY, JUNE 16, 2004 AT 7:00 P.M. Present Chris DeLiso, Chairman Michelle Costantino, Vice Chair Kathleen Carroll Kathy Cook Robert Foot Patti Hammer Absent Brenda Shamblin Scott Blasie, Code Administrator David Tolces, Assistant City Attorney Code Inspectors: Courtney Cain Luney Guillaume Skip Lewis Richard Laverdure Pete Roy Willie Webb I. Call to Order Chairman DeLiso called the meeting to order at 7:00 p.m. II. Approval of Minutes Motion Mr. Foot moved to approve the minutes of the Regular Meeting held on May 19, 2004 and the Lien Reduction Meeting held on May 27, 2004. Motion seconded by Vice Chair Costantino and unanimously carried. II1. Approval of Agenda Inspector Lewis reported that the following cases should be tabled: Case #02-3221 (Page 1), Guy Estella to July 21,2004 Motion Vice Chair Costantino moved to table Case #02-3221 to the July 21, 2004 meeting. Motion seconded by Mr. Foot and unanimously carried. Case 03-2123 (Page 3), Ridgepointe Woods No. Assn. Inc. to the August 18, 2004 meeting. Motion Ms. Hammer moved to table Case #03-2123 to the August 18, 2004 meeting. Motion seconded by Vice Chair Costantino and unanimously carried. Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2004 Case #03-2163 (Page 4), Lucile Shelton to July 21,2004 Motion Ms. Hammer moved to table Case #03-2163 to the July 21, 2004 meeting. Motion seconded by Vice Chair Costantino and unanimously carried. Inspector Lewis announced that the following changes have been made to the agenda: Case #04-701 (Page 7), Esther Saincius, complied Case #04-702 (Page 8), Delores P. Balducci, complied Case #04-719 (Page 9), Olivia & Francisco Alvarez, removed Case #04-857 (Page 34), Viva Colas & Lewis Skinner, removed Case #04-16 (Page 37), Steven B. Paskind, closed Motion Mr. Foot moved to approve the agenda, as amended. Motion seconded by Ms. Hammer and unanimously carried. IV. Swearing in of Witnesses and Introduction In lieu of calling the roll, Chairman DeLiso requested that all persons present give their name to Inspector Lewis. The Recording Secretary administered the oath to all persons who would be testifying. Chairman DeLiso explained the plea system. V. New Business Case #04-1038 Property Address: Violations: Olivia & Francisco Alvarez 2431 N. Seacrest Boulevard Chapter 15, Article IX-15-120 (D) .lA. Storage of unlicensed, inoperable vehicles not allowed on residential property Inspector Guillaume presented the case. The property is a single-family homestead and was cited through routine neighborhood inspection on May 7, 2004. The respondent was given 10 days to comply and is present tonight. Francisco Alvarez, 2431 N. Seacrest Boulevard, pled not guilty. Chairman DeLiso asked Mr. Alvarez if the violation in fact does not exist on his property. Mr. Alvarez responded that he purchased a car for his son that needs repair. Chairman DeLiso inquired if the vehicle was licensed and was informed that it was not. Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2004 Chairman DeLiso recommended that Mr. Alvarez change his plea to no contest since there are inoperable and unlicensed vehicles on his property, which is in violation of the City Code. Mr. Alvarez stated that it was his first time before the Board and he was not acquainted with the procedures and he was going to ask the Board for 30 days to compliance. Mr. Alvarez stated that he did not want to get rid of the vehicle, but wanted to fix it up for his son. He felt that he could come up with enough money in 30 days to repair the vehicle. The City agreed to 30 days. Chairman DeLiso requested to look at the photos. Inspector Guillaume presented them first to the respondent and then to the Board. Motion Based on the testimony and evidence presented in Case No. 04-1038, Mr. Foot moved that this Board find that Olivia and Francisco Alvarez, are in violation of the City of Boynton Beach Code Section Chapter 15, Article IX-15-120 (D) .lA, and moved to order that the Respondents correct the violations on or before July 16, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25 per day, plus administrative costs shall be imposed for each day the violation continues past July 16, 2004. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Cook and unanimously carried. Case #04-759 Property Address: Violations: George T. Hommel 2151 NE 1st Street Chapter 15, Article IX-15-120 (D) 1, Inc.; PT3-LDR, Chapter 2, Sections 5.D.1 and 20- 8. Please sod all bare areas in yard and swale. Remove all trash and debris around house. Repair or replace wooden fence. Using R.V. for living quarters while parked in residential zone is not allowed. Stop doing auto repair work in R-I-A Zone. Inspector Webb presented the case. The property is a single-family homestead and was cited as the result of a citizen's complaint on April 7, 2004. The respondent was given 30 days to comply by written notice. The notice was sent certified mail on May 10, 2004 and the green card came back on May 17, 2004. Inspector Webb reported that the respondent was before this Board last year for some of the same violations. Chairman DeLiso inquired if the City was requesting a cease and desist order and Inspector Webb said that this was at the Board's discretion. Inspector Webb presented photographs first to the respondent and then to the Board. Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2004 George Hommel, 2151 NE 1st Street, Boynton Beach, pled no contest and said he did not understand the charges. Mr. Hommel stated that he has to park the motor home in his yard, because he uses his driveway for his vehicles. Mr. Hommel stated that he previously had a camper in his yard, but he received a letter in the mail stating that nobody can occupy an RV in a residential area. He stated that no one ever lived in the camper and it was used for storage. He has since moved the camper to his father's house. His yard gets messy because he has a lot of children that play in the yard, but he always cleans it up. Mary Ellis, 2151 NE 1st Street, Boynton Beach stated that when they received the first notice they did not have a motor home; they only had the camper. Now they are receiving a new citation for a motor home. Chairman DeLiso inquired if the boat in the photos was registered, and Mr. Hommel stated that it was registered, but he keeps the plates in his house because they get stolen. Chairman DeLiso asked the respondent if he did auto repairs at his property and he said that he works on his own vehicles, but does not run a business. Sometimes he may help a neighbor out, but he does not do any major repairs. Ms. Hammer inquired if anyone ever lived in the RV and the respondent stated that no one ever lived in it. Chairman DeLiso asked the respondent if he kept the RV and the boat on concrete slabs, which is required under the Code. Mr. Hommel said he was informed that he could keep these vehicles on concrete blocks, which he does. The respondent asked for 30 days and said that he would also bring the motor home to his father's house for storage. Chairman DeLiso noted that the property is in need of grass. Inspector Webb stated that they were not on concrete blocks. Mr. Hommel stated that he has two boats and one boat is on concrete blocks. Chairman DeLiso informed the respondent that if he did not come into compliance, the next time he is observed doing auto repair at his property, the Board will issue a cease and desist order. Mr. Hommel asked for a copy of the Code for which he was cited and Chairman DeLiso stated that the Code Office could supply this to him. Motion Based on testimony and evidence presented in Case No. 04-759, Mr. Foot moved that this Board find that George T. Hommel is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc.; PT3-LDR, Chapter 2, Section 5.D.1; and Section 20-8, and moved to order that the Respondent correct the violations on or before July 16, 2004. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16,2004 $100 per day, plus administrative costs shall be imposed for each day the violation continues past July 16, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Cook and unanimously carried. VI. Old Business Lien Penalty Certifications Case #04-525 Guerson Lorissaint 128 NE 11th Ave. Inspector Laverdure presented the case. The notice of violation date was March 11, 2004 for violation of the City's Community Appearance Code. The respondent appeared at the April 21, 2004 Code hearing. A compliance date of May 21, 2004 was set or be fined $25 per day. The property came into compliance on June 15, 2004 for 24 days of non-compliance. The City recommends no fine. Motion Based on the testimony and evidence presented in Case No. 04-525, Ms. Hammer moved that this Board find that the Respondent, Guerson Lorissaint, was in violation of the City of Boynton Beach Code Section Chapter 15, Article IX-15-120 (D) 1, Inc., 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 Respondent to remedy the violation, and previous violations of the Respondent, that this Board impose and certify no fine, including administrative costs. Motion seconded by Vice Chair Costantino and unanimously carried. Case #04-424 Simon Jourdan 220 SE 24th Ave. Inspector Lewis presented the case. The property was cited on March 5, 2004 for violation of the Community Appearance Code and the Land Development Regulations. A single family home cannot have more than seven people living at this location. No one appeared at the April 21, 2004 Code Compliance Board Hearing. A compliance date of May 6, 2004 was set or be fined $50 per day. The property came into compliance on June 15, 2004 for 39 days of non-compliance. Chairman DeLiso inquired how many people were actually living at the property and Inspector Lewis stated that Mr. Jourdan had told him nine people lived in the house. Inspector Lewis stated that there is now enough room for nine people, but the respondent has to remove a sink. The respondent has come into compliance under the Code sections that he was cited for. Chairman DeLiso inquired how many bedrooms were in the house and Mr. Jourdan stated that he has five bedrooms. Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2004 Simon Jourdan, 220 SE 24th Avenue, Boynton Beach, assumed the podium. Inspector Lewis stated that he got the number of bedrooms in the house from the County's tax records and it stated three bedrooms. Mr. Jourdan allowed Inspector Lewis to enter his property to inspect it. Mr. Lewis said that the neighbors have made complaints because of the cars at the property and Mr. Jourdan has been before the Board previously because of the cars. Chairman DeLiso requested to look at the photographs. Inspector Lewis presented them to the respondent first and then to the members. The respondent asked how many vehicles were allowed to park at his property since he has a very large driveway. He stated that he is a minister and many times people visit him at home on church business. The respondent said that he had room to park eight vehicles and the neighbors do not like him and call him names. Inspector Lewis stated that some of the vehicles were not registered and were inoperable. He had also observed people working on the cars. Inspector Lewis further stated that the vehicles have been moved, but there was one car left that was not registered. Chairman DeLiso inquired how many times the respondent appeared before the Board and was informed once for cars. Mr. Foot recommended assessing administrative costs. Motion Based on the testimony and evidence presented in Case No. 04-424, Mr. Foot moved that this Board find that the Respondent, Simon Jourdan, was in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 {D), Inc. and PT3-LDR, Chapter 20-VIII, Section 2.F, 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 Respondent to remedy the violation, and previous violations of the Respondent, that this Board impose and certify a fine in the amount of $384.12 for administrative costs. Motion seconded by Vice Chair Costantino and unanimously carried. Case #03-3171 Barbara A. Phillips 2051 NW 2nd Court Inspector Webb presented the case. The notice of violation date was December 2, 2003 for violation of the City's Community Appearance Code. Mr. James Phillips appeared at the February 18, 2004 Compliance Board hearing date. A compliance date of May 18, 2004 was set or be fined $50 per day. The property is still not in compliance for 28 days of non-compliance. Chairman DeLiso requested to look at the photographs. Inspector Webb presented the photos to the respondent and then to the Board. Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2004 James Phillips, 2051 NW 2nd Court, Boynton Beach was administered the oath by the Recording Secretary. Mr. Phillips stated that the property was his mother's, who has since deceased and he is in charge of the estate. He said that he could not afford to purchase grass. Chairman DeLiso inquired if Mr. Phillips was living at the property and he stated that he was. Attorney Tolces inquired if Mrs. Phillips' estate was in probate and Mr. Phillips said it was not. Attorney Tolces asked if a deed was issued in his name and he stated it was not. He said that he is in the process of speaking with an attorney with his other siblings. Chairman DeLiso pointed out that because the property was not in Mr. Phillips name, he could not apply to the City for assistance. Attorney Tolces recommended that Mr. Phillips apply to the Palm Beach County Bar Association Legal Aid that have attorneys that do pro bono work. Mr. Phillips said that they are availing themselves of those services. Chairman DeLiso inquired if the Faith Based CDC could assist Mr. Phillips. Inspector Cain will inform the respondent about contacting the CDC for assistance. Chairman DeLiso recommended tabling the case for 30 days. Motion Ms. Hammer moved that Case No. 03-3171 be tabled until the Code Compliance Board meeting to be held on July 21, 2004. Motion seconded by Mr. Foot and unanimously carried. Cases to be Heard Case No. 04-491: Property Address: Violations: Joseph L. Nowell Estate 304 NW 11th Avenue Chapter 15, Article IX-15-120 (D) 1, Inc., Sod all bare spots and repair or replace your shed. Remove all debris off the property. The Recording Secretary administered the oath to Robert Nowell. Inspector Guillaume presented the case. The property is a single-family homestead and was cited on March 11, 2004 as the result of a routine neighborhood inspection. The respondent received written notice and was given 30 days to comply. Robert Nowell, 304 NW 11th Avenue, Boynton Beach, pled no contest and asked for 60 days. Chairman DeLiso asked to look at the photographs. The photographs were presented to the respondent and then to the Board to review. Mr. Nowell stated that he needs to make a great deal of repairs to the shed. 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2004 Motion Based on the testimony and evidence presented in Case No. 04-491, Mr. Foot moved that this Board find that the Joseph L. Nowell Estate 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 August 15, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day, plus administrative costs, shall be imposed for each day the violation continues past August 15, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Costantino and unanimously carried. Cases to be Heard Case No. 04-664: Property Address: Violations: Sam Peterson 734 NE Ist Street Chapter 15, Article IX-15-120 (D) 1, Inc., Section 15-16 B.B.C. of Ord. and Chapter 20, Section 8 E-16. Please de-weed your yard and swale areas and install sod in order to have a uniform green appearance. Put 4" street number on your house so it may be visible from the street. Inspector Laverdure presented the case. The City recommends July 16, 2004 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 04-664, Ms. Cook moved that this Board find that Sam Peterson is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc., Section 15-16 B.B.C. of Ord. and Chapter 20, Section 8 E-16 and moved to order that the Respondent correct the violations on or before July 16, 2004. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day, plus administrative costs, shall be imposed for each day the violation continues past July 16, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Costantino and unanimously carried. Case No. 04-083: Property Address: Sallie Horton Estate 540 NE 20th Avenue Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2004 Violations: Chapter 15, Article IX-15-120 (D) 1, Inc., Please remove weeds from shell rock 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 $2501day fine. Inspector Webb presented the case. The City recommends a compliance date of July 16, 2004. Motion Based on the testimony and evidence presented in Case No. 04-083, Ms. Hammer moved that this Board find that the Sallie Horton Estate 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 July 16, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day, plus administrative costs, shall be imposed for each day the violation continues past July 16, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Vice Chair Costantino pointed out that this is a repeat offender and recommended that the fine be increased to $100 per day. Ms. Hammer amended her motion to state a fine in the amount of $100 per day. Vice Chair Costantino seconded the motion that unanimously carried. Case No. 04-690: Property Address: Violations: Pelican Point Properties, LLC. 180 SW 3rd Avenue Chapter 15, Article IX-15-120 (D) Inc., Please install sod in all dead or bare areas on property. Inspector Cain presented the case. The City recommends a compliance date of July 16, 2004. Motion Based on the testimony and evidence presented in Case No. 04-690, Ms. Hammer moved that this Board find that Pelican Point Properties, LLC 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 July 16, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2004 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 July 16, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Mr. Foot inquired if this property had previous problems and Inspector Cain stated that they did. Mr. Foot recommended that the fine be increased to $100 per day. Ms. Hammer amended her motion to increase the fine to $100 per day. Motion seconded by Vice Chair Costantino and unanimously carried. Case No. 04-724: Property Address: Violations: Orival Derival & Mimose Derival 209 SW 4th Avenue Chapter 15, Article IX-15-120 (B) .1. Please sod swale area out by road on the east side of house. Inspector Cain presented the case. The City recommends a compliance date of July 16, 2004. Motion Based on the testimony and evidence presented in Case No. 04-724, Ms. Hammer moved that this Board find that Orival and Mimose Derival are in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (B) .1 Inc., and moved to order that the Respondents correct the violations on or before July 16, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25 per day, plus administrative costs, shall be imposed for each day the violation continues past July 16, 2004. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Costantino and unanimously carried. Case No. 04-903: Property Address: Violations: Cecil Edwards 555 NW 35th Court, Pompano Beach, FL 408 SW 10th Avenue FBC '01 Edition BBA 104.1.1. Permit is required for back yard shed. See copy of "red tag." Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2004 Inspector Cain presented the case. The City recommends a compliance date of June 26, 2004. Inspector Cain noted that the property contained a hurricane hazard. Motion Based on the testimony and evidence presented in Case No. 04-903, Ms. Hammer moved that this Board find that Cecil Edwards is in violation of the City of Boynton Beach Code FBC '01 Edition BBA 104.1.1, and moved to order that the Respondent correct the violations on or before June 26, 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 June 26, 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 No. 04-967: Property Address: Violations: David Edery 215 SW 3rd Street BBA FBC '01 Edition 104.1.6. Please remove all piles of trash and debris from property. Also, your clearing and grubbing permit has expired. Inspector Cain presented the case. The City recommends a compliance date of June 26, 2004. Motion Based on the testimony and evidence presented in Case No. 04-967, Ms. Hammer moved that this Board find that David Edery is in violation of the City of Boynton Beach Code BBA FBC '01 Edition 104.1.6, and moved to order that the Respondent correct the violations on or before June 26, 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 June 26, 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. Vice Chair Costantino asked what "grubbing" was. Attorney Tolces will provide a definition. Case No. 04-932: Property Address: Ismael Lopez & Maria Lugo 3340 E. Atlantic Drive ll Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16,2004 Violations: PT3-LDR, Chapter 20-VIII, Section 1.G. Vacant house is unsecured. Please board up to prevent unauthorized entry and vandalism. Inspector Guillaume presented the case and stated that the City is requesting that the Board render an Order in accordance with Code Sections Chapter 2, Article V, Section 2-79 to recommend to the City Commission that the City will abate the nuisance by making all reasonable repairs to bring the property into compliance and to charge the violator for the cost of the repairs along with the fines incurred for this case. Attorney Tolces stated that two motions are required. The first motion would be the usual motion requiring a time to come into compliance and the second motion would be to request that the information be forwarded to the City Commission and request that the City Commission take appropriate action to abate the nuisance and assess the repair costs against the property owner. There is a process in the Code to do this. The City recommended a compliance date of June 26, 2004. Motion Based on the testimony and evidence presented in Case No. 04-932, Ms. Hammer moved that this Board find that Ismael Lopez and Maria Lugo are in violation of the City of Boynton Beach Code PT3-LDR, Chapter 20-VIII, Section I.G, and moved to order that the Respondents correct the violations on or before June 26, 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 $250 per day, plus administrative costs, shall be imposed for each day the violation continues past June 26, 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. Motion Ms. Hammer moved to forward a request to the City Commission that the City Commission authorize the abatement of the nuisance and the imposition of the nuisance abatement costs against the property owner pursuant to the City Code. Motion seconded by Vice Chair Costantino and unanimously carried. Attorney Tolces explained that the property owners would receive notice of the Board's ruling prior to it going on the City Commission agenda. Case No. 04-933: Property Address: John W. Field, Jr. 3320 E. Atlantic Dr. Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16,2004 Violations: PT3-LDR, Chapter 20-VIII, Section 1.G. Vacant house is unsecured. Please board up to prevent unauthorized entry and vandalism. Inspector Guillaume presented the case. The City is requesting that the Board render an Order in accordance with Code Sections Chapter 2, Article V, Section 2-79 to recommend to the City Commission that the City will abate the nuisance by making all reasonable repairs to bring the property into compliance and to charge the violator for the cost of the repairs along with the fines incurred for this case. Motion Based on the testimony and evidence presented in Case No. 04-933, Ms. Hammer moved that this Board find that John W. Field, Jr. is in violation of the City of Boynton Beach Code PT3-LDR, Chapter 20-VIII, Section I.G, and moved to order that the Respondent correct the violations on or before June 26, 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 per day, plus administrative costs, shall be imposed for each day the violation continues past June 26, 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. Motion Ms. Hammer moved to forward a request to the City Commission that the City Commission authorize the abatement of the nuisance and the imposition of the nuisance abatement costs against the property owner pursuant to the City Code. Motion seconded by Vice Chair Costantino and unanimously carried. Case No. 03-3289: Property Address: Violations: Walter Arnold 352 Spring Garden Road, Milford, NJ 116 NE 3raAvenue Chapter 15, Article IX-15-120 (D) 1, Inc. Please de-weed your yard and sod all bare spots. Also, you must obtain an occupational license to rent your home. Inspector Laverdure presented the case. The City recommended a compliance date of July 16, 2004. Motion Based on the testimony and evidence presented in Case No. 03-3289, Ms. Hammer moved that this Board find that Walter C. Arnold is in violation of the City of Boynton 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida June16,2004 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 July 16, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day, plus administrative costs, shall be imposed for each day the violation continues past July 16, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Costantino and unanimously carried. Case No. 04-451: Property Address: Violations: John J. Mirucki 4572 Holly Lake Drive, Lake Worth, FL NE 3rd Avenue Section 10-2 B.B.C. of Ordinances, Chapter 15 Article-IX-15-120 (D) 1, Inc. Vacant lot NE 4th Avenue. Please mow your vacant lot and cut all overgrowth. Remove all trash and debris. Inspector Laverdure presented the case. The City recommends July 16, 2004 as a compliance date. Motion Based on the testimony and evidence presented in Case No. 04-451, Ms. Hammer moved that this Board find that John J. Mirucki is in violation of the City of Boynton Beach Code Sections 10-2 B.B.C. of Ordinances and Chapter 15-Article IX-15-120 (D) 1, Inc. and moved to order that the Respondent correct the violations on or before July 16, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day, plus administrative costs, shall be imposed for each day the violation continues past July 16, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Costantino and unanimously carried. Case No. 04-763: Property Address: Violations: Debbie D. Rollerson, et al 219 NE 7th Avenue Chapter 15 Article-IX-15-120 (D) 1, Please install grass in yard and swale. Inc. Inspector Laverdure presented the case. The City recommends July 16, 2004 as the compliance date. ]4 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2004 Motion Based on the testimony and evidence presented in Case No. 04-763, Ms. Hammer moved that this Board find that Debbie D. Rollerson, et al 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 July 16, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25 per day, plus administrative costs, shall be imposed for each day the violation continues past July 16, 2004. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot and unanimously carried. Case No. 04-764: Property Address: Violations: Eleanor B. McCloud Estate P.O. Box 605, Boynton Beach, FL 215 NE 7th Avenue Chapter 15 Article-IX-15-120 (D) 1, Inc. Please install grass in all bare spots in yard and swale area Inspector Laverdure presented the case. The City recommends July 16, 2004 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 04-764, Ms. Hammer moved that this Board find that the Estate of Eleanor B. McCIoud 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 July 16, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day, plus administrative costs, shall be imposed for each day the violation continues past July 16, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Costantino and unanimously carried. Case No. 04-860: Property Address: Violations: Edwin Goldberg 6215 Innes Trace Road, Louisville, KY 225 NE 9th Avenue Chapter 15 Article-IX-15-120 (D) 1, Inc. Please install sod/grass in all bare spots in your yard and swale area Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16,2004 Motion Based on the testimony and evidence presented in Case No. 04-860, Ms. Hammer moved that this Board find that Edwin Goldberg 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 July 16, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day, plus administrative costs, shall be imposed for each day the violation continues past July 16, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Costantino and unanimously carried. Case No. 04-1029: Property Address: Violations: Charlie Andrews, et al 641 NE 5th Street, Boynton Beach, FL 224 NE 4th Avenue PT 3-LDR, Chapter 20-VIII, Section 1.G. Please board up your house to prevent people from going in. Someone has re- opened the house. Inspector Laverdure presented the case. The City recommends June 26, 2004 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 04-1029, Ms. Hammer moved that this Board find that Charlie Andrews, et al is in violation of the City of Boynton Beach Code Sections PT 3-LDR, Chapter 20-VIII, Section I.G and moved to order that the Respondents correct the violations on or before June 26, 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 $250 per day, plus administrative costs shall be imposed for each day the violation continues past June 26, 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 No. 04-875 Property Address: Violations: Cosimo Galzone 2010 $. Federal Hwy, Unit 1-209, Boynton Beach 333 SE 23rd Ave Chapter 15, Article IX-15-120 (D) 1, Inc. and 10-52 B.B.C. of Ordinances. Please remove all trash, debris and inoperable vehicles from property. Meeting Minutes Code Compliance Board Boynton Beach, Florida June16,2004 Inspector Lewis presented the case. The City recommends July 16, 2004 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 04-875, Ms. Hammer moved that this Board find that Cosimo Galzone is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc. and 10-52 B.B.C. of Ord. and moved to order that the Respondent correct the violations on or before July 16, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day, plus administrative costs shall e imposed for each day the violation continues past July 16, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Cook and unanimously carried. Case No. 04-957 Property Address: Violations: Formation Properties III, LLC. 1035 Powers Place, Alpharetta, GA 30004 2839 S. Seacrest Boulevard Chapter 26, Article VI, Section 300-306. Storm water drainage system needs to be repaired or replaced. System is not providing containment on the property. Water flow onto adjacent properties not allowed. Inspector Lewis presented the case. The City recommends August 15, 2004 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 04-957, Ms. Hammer moved that this Board find that Formation Properties III, LLC is in violation of the City of Boynton Beach Code Sections Chapter 26, Article VI, Section 300-306 and moved to order that the Respondent correct the violations on or before August 15, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day, plus administrative costs shall be imposed for each day the violation continues past August 15, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Costantino and unanimously carried. t7 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2004 Case No. 04-720 Property Address: Violations: Deniese Rejouit 604 SW 3rd Avenue Chapter 15, Article IX-15-120 (D), Inc. and 120 A. Remove or register your Chevy van. Remove old tires. Repair or replace your driveway apron. Inspector Roy presented the case. The City recommends July 1, 2004 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 04-720, Ms. Hammer moved that this Board find that Deniese Rejouit 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 July 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 $25 per day, plus administrative costs for each day the violation continues July 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. Case No. 04-721 Property Address: Violations: Charles Phillippe 609 SW 3rd Avenue Chapter 15, Article IX-15-120 (D), Inc. and 120 A. Repair or replace your driveway. Remove all trash. Register or remove inoperable vehicle. Remove engine hoist and toilet. Inspector Roy presented the case. The City recommends July 16, 2004 as the compliance date. Ms. Hammer asked about the location of the toilet and was informed it had been located on the side yard. Inspector Roy stated that the trash has complied Motion Based on the testimony and evidence presented in Case No. 04-721, Ms. Hammer moved that this Board find that Charles Phillippe is in violation of the City of Boynton Beach Code Sections, Chapter 15, Article IX-15-120 (D) Inc. and 120A and moved to order that the Respondent correct the violations on or before July 16, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day, plus administrative costs for each day the violation continues July 16, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2004 arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Costantino and unanimously carried. Case No. 04-489 Property Address: Violations: Lillie M. Wright 308 NW 11th Avenue Chapter 15, Article IX-15-120 (D), Inc. and 13-16 BBC of Ord. Sod all bare spots or water your lawn to obtain a uniform green appearance. An occupational license is required for rental property. Inspector Guillaume presented the case. The City recommended July 16, 2004 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 04-489, Ms. Hammer moved that this Board find that Lillie M. Wright is in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) Inc. and Section 13-16 B.B.C. of Ord. and moved to order that the Respondent correct the violations on or before July 16, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day, plus administrative costs shall be imposed for each day the violation continues past July 16, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Costantino and unanimously carried. Case No. 04-851 Property Address: Violations: Earnestine Hatcher 415 NW 9th Avenue Chapter 15, Article IX-15-120 (D), Inc. Water your lawn to obtain a uniform green appearance. Inspector Guillaume presented the case. The City recommended July 16, 2004 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 04-851, Ms. Hammer moved that this Board find that Eamestine Hatcher 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 July 16, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day, plus administrative Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2004 costs shall be imposed for each day the violation continues past July 16, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Costantino and unanimously carried. Case No. 04-852 Property Address: Violations: Willie Bunkley 545 NW 9th Avenue Chapter 15, Article IX-15-120 (D), Inc. Sod all bare spots in your front yard. Inspector Guillaume presented the case. The City recommended July 16, 2004 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 04-852, Mr. Foot moved that this Board find that Willie Bunkley 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 July 16, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day, plus administrative costs shall be imposed for each day the violation continues past July 16, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Hammer and unanimously carried. Case No. 04-979 Property Address: Violations: Gall Luchey 5577 Descartes Circle, Boynton Beach 124 NW 10th Avenue Section 13-16 B.B.C. of Ord. An occupational license is required for rental property. Please obtain your occupational license to comply with City Codes. Inspector Guillaume presented the case. The City recommended July 16, 2004 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 04-979, Ms. Hammer moved that this Board find that Gall Luchey is in violation of the City of Boynton Beach Code Sections 13-16 B.B.C. of Ord. and moved to order that the Respondent correct the violations on or before July 16, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day, plus administrative costs shall be imposed for each Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2004 day the violation continues past July 16, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Cook and unanimously carried. Case No. 04-980 Property Address: Violations: Andrew Luchey 5577 Descartes Circle, Boynton Beach 128 NW 10th Avenue Section 13-16 B.B.C. of Ord. An occupational license is required for rental property. Please obtain your occupational Inspector Guillaume presented the case. The City recommended July 16, 2004 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 04-980, Mr. Foot moved that this Board find that Andrew Luchey are in violation of the City of Boynton Beach Code Sections 13-16 B.B.C. of Ord. and moved to order that the Respondents correct the violations on or before July 16, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100 per day, plus administrative costs shall be imposed for each day the violation continues past July 16, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Costantino and unanimously carried. Case No. 04-1072 Property Address: Violations: Sears Roebuck & Co. 801 N. Congress Avenue #501 Section 104.6 BBA to FBC '01 and FBC '01 Edition 105.6. Permit #02-3207- Sign permit has expired. Signs have been installed prior to notice of commencement. Secure new or get extension for permit and provide notice of commencement. Call for and pass final inspection. See copy of "red tag" dated April 1, 2004. Inspector Roy presented the case. The City recommends July 16, 2004 as the compliance date. Motion Based on the testimony and evidence presented in Case No. 04-1072, Vice Chair Costantino moved that this Board find that Sears Roebuck & Co. is in violation of the Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2004 City of Boynton Beach Code Sections 104.6 BBA to FBC '01 and FBC '01 Edition 105.6 and moved to order that the Respondent correct the violations on or before July 16, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100 per day, plus administrative costs shall be imposed for each day the violation continues past July 16, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Costantino. Motion carried 6-1 (Mr. Foot dissenting). Attorney Tolces read the definition of "grubbing," which means "to clear of reots and stumps by digging; to dig up by the roots; to dig in the earth." VI. Old Business Lien Penalty Certifications Inspector Lewis stated that the City recommended certifying the fine at $25 per day for the following cases: Case #03-1893 (Page 35), Peniel Evangelical Alliance Case #03-2091 (Page 36), Mariners Way Homeowners Assn. Case #04-55 (Page 39), Dennis F. Shelmerdine Case #04-608 (Page 45), Peniel Evangelical Alliance Case #03-1893 Peniel Evangelical Alliance 515 NE 3rd St. Motion Based on the testimony and evidence presented in Case #03-1893, 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 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 Ms. Hammer and unanimously carried. Case #03-2091 Mariners Way Homeowners Assn. 800 Mariners Way Motion Based on the testimony and evidence presented in Case #03-2091, Vice Chair Costantino moved that this Board find that the Respondent has not complied with this Board's Order dated September 17, 2003, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations Meeting Minutes Code Compliance Board Boynton Beach, Florida June16,2004 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 Ms. Hammer and unanimously carried. Case #04-55 Dennis F. Shelmerdine 111 SW 10th Avenue Motion Based on the testimony and evidence presented in Case #04-55, Vice Chair Costantino moved that this Board find that the Respondent has not complied with this Board's Order dated April 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 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. Hammer and unanimously carried. Case #04-608 Peniel Evangelical Alliance 515 NE 3rd Street Motion Based on the testimony and evidence presented in Case #04-608, Vice Chair Costantino moved that this Board find that the Respondent has not complied with this Board's Order dated April 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 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. Hammer and unanimously carried. Inspector Lewis stated that the City recommends certifying the fine for $50 in the following case: Case #04-565 Boynton Villa Del Sol, LLC. 2925 S. Federal Hwy. Motion Based on the testimony and evidence presented in Case #-04-565, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated April 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 $50 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. Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2004 Inspector Lewis stated that the City recommends certifying the fine for $100 in the following case: Case #04-533 RGRS, Inc. 2991 W. Boynton Beach Blvd. Motion Based on the testimony and evidence presented in Case #04-533, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated April 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 $100 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 recommends no fine in the following cases: Case #04-494 (Page 40), Jean A. and Marie L. Raymond Case #04-268 (Page 42), Freddie Patrick Case #04-326 (Page 43), Desir Desjardina Case #04-93 (Page 52), Costumise Marizier Case #04-138 (Page 53), Jocelyn & Rodolfo Colunga, Jr. Case #04-213 (Page 54), Antoine Celestine Case #04-494 Jean A. and Marie L. Raymond 440 SW 6t~ Ave. Motion Based on the testimony and evidence presented in Case #04-494, Mr. Foot moved that this Board find that the Respondents, Jean A. and Marie L. Raymond, were in violation of the City of Boynton Beach Code Sections, FBC '01 Edition 105.6, 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 Respondent to remedy the violation, and previous violations of the Respondent, that this Board impose and certify no fine. Motion seconded by Vice Chair Costantino and unanimously carried. Case #04-268 Freddie Patrick 256 NE ?th Ave. Motion Based on the testimony and evidence presented in Case #04-268, Mr. Foot moved that this Board find that the Respondent, Freddie Patrick, was in violation of the City of Boynton Beach Code Sections, Chapter 15-Article IX-15-120 (D) 1, Inc., subsequent to the date of compliance specified in this Board's Order of April 21, 2004, and in consideration of the gravity of the violation, the actions taken by the Respondent to 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida June16,2004 remedy the violation, and previous violations of the Respondent, that this Board impose and certify no fine. Motion seconded by Vice Chair Costantino and unanimously carried. Case #04-326 Desir Desjardina 135 NE 5th Ave. Motion Based on the testimony and evidence presented in Case #04-326, Mr. Foot moved that this Board find that the Respondent, Desir Desjardina, was in violation of the City of Boynton Beach Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc., subsequent to the date of compliance specified in this Board's Order of April 21, 2004, and in consideration of the gravity of the violation, the actions taken by the Respondent to remedy the violation, and previous violations of the Respondent, that this Board impose and certify no fine. Motion seconded by Vice Chair Costantino and unanimously carried. Case #04-93 Costumise Marizier 1616 NE 1st Street Motion Based on the testimony and evidence presented in Case #04-93, Mr. Foot moved that this Board find that the Respondent, Costumise Marizier, was in violation of the City of Boynton Beach Code Sections Chapter 15- Article IX-15-120 (D) 1, Inc. and 15-16 B.B.C. of Ord., 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 no fine. Motion seconded by Vice Chair Costantino and unanimously carried. Case #04-138 Jocelyn & Rodolfo Colunga, Jr. 1601 NE 4th Street Motion Based on the testimony and evidence presented in Case #04-138, Mr. Foot moved that this Board find that the Respondents, Jocelyn and Rodolfo Colunga, Jr., were 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., 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 Respondent to remedy the violation, and previous violations of the Respondent, that this Board impose and certify no fine. Motion seconded by Vice Chair Costantino and unanimously carried. Case #04-213 Antoine Celestin 432 NE 22nd Ave. Motion Based on the testimony and evidence presented in Case #04-213, Mr. Foot moved that this Board find that the Respondent, Antoine Celestine, was in violation of the City of 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16,2004 Boynton Beach Code Sections 13-16 and 15-16 B.B.C. of Ord. and 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 Respondent to remedy the violation, and previous violations of the Respondent, that this Board impose and certify no fine. Motion seconded by Vice Chair Costantino and unanimously carried. The City recommends tabling the following cases to July 21,2004: Case #03-2263 (Page 38), Algot Anderson Case #03-2013 (Page 41), Marie M. Severe Case #03-2078 (Page 48), Renan Laurore Case #04-343 (Page 49), Josephus McDonald Case #03-2263 Algot Anderson 212 SW 4th Street Motion Vice Chair Costantino moved that Case 03-2263 be tabled until the Code Compliance Board meeting to be held on July 21, 2004. Motion seconded by Ms. Carroll and unanimously carried. Case #03-2013 Marie M. Severe 2632 NE 3~ Ct. Motion Vice Chair Costantino moved that Case 03-2013 be tabled until the Code Compliance Board meeting to be held on July 21, 2004. Motion seconded by Ms. Carroll and unanimously carried. Case #03-2078 Renan Laurore 504 NW 12th Ave. Motion Vice Chair Costantino moved that Case 03-2078 be tabled until the Code Compliance Board meeting to be held on July 21, 2004. Motion seconded by Ms. Carroll and unanimously carried. Case #04-343 Josephus McDonald 556 NWl0~ Ave. Motion Vice Chair Costantino moved that Case 04-343 be tabled until the Code Compliance Board meeting to be held on July 21, 2004. Motion seconded by Ms. Carroll and unanimously carried. The City recommends tabling the following case to August 18, 2004: Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2004 Case #04-350 Earnestine Waters 160 NE 19th Ave. Motion Vice Chair Costantino moved that Case 04-350 be tabled until the Code Compliance Board meeting to be held on August 18, 2004. Motion seconded by Ms. Cook and unanimously carried. VII. Foreclosures Motion Mr. Foot moved to authorize the City Attorney to proceed with the foreclosures as listed below. Motion seconded by Vice Chair Costantino and unanimously carried. Dakota Lofts Dev. Corp. Dakota Lofts Dev. Corp. Dakota Lofts Dev. Corp. 03-2944 03-2945 03-3047 VII. Adjournment There being no further business, the meeting properly adjourned at 8:10 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (June 17,2004) 27