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Minutes 08-18-04MZNUTES OF THE CODE COMPLZANCE BOARD MEETING HELD I'N COMMZSSION CHAMBERS CITY OF BOYNTON BEACH, ON WEDNESDAY, AUGUST 18, 2004 AT 7:00 P.M. Present Chris DeLiso, Chair Michele Costantino, Vice Chair Kathleen Carroll Kathy Cook Robert Foot Patti Hammer Lisa Simshauser Call to Order David Tolces, Assistant City Attorney Scott Blasie, Code Administrator Code Compliance Officers: Courtney Cain Luney Guillaume Skip Lewis Rich Laverdure Mike Melillo Vestiguerne Pierre Pete Roy Sunny Surajbally Willie Webb Chair DeLiso called the meeting to order at 7:00 p.m. Approval of Minutes of auly 21, 2004 Motion Vice Chair Costantino moved to accept the subject minutes as presented. seconded the motion that passed unanimously. Ms. Hammer III. Approval of Agenda Chair DeLiso asked Sr. Code Officer Webb to state the additions or deletions to the Agenda. Mr. Blasie suggested that the Board first set a new meeting date for September since that would affect all the cases at this meeting. This change was necessary due to the holidays. Motion Mr. Foot moved to adjust the September schedule to have the Code Lien Reduction meeting on September 23, 2004 at 3:00 p.m. in the Chambers. The regular Code Compliance Board meeting will be on September 30, 2004 at 7:00 p.m. in the Chambers. Ms. Hammer seconded the motion that passed unanimously. Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida August 18, 2004 Sr. Code Officer Webb stated that Case No. 04-1021, Case No. 04-1046, and Case No. 04-17 should be tabled until September 30, 2004. Case #03-2123 should be tabled until October 20, 2004. Motion Ms. Hammer moved to table Case No. 04-1021 until the Code Compliance Board meeting on September 30, 2004. Vice Chair Costantino seconded the motion that passed unanimously. Motion Ms. Hammer moved to table Case No. 04-1046 until the Code Compliance Board meeting on September 30, 2004. Vice Chair Costantino seconded the motion that passed unanimously. Motion Ms. Hammer moved to table Case No. 04-17 to the Code Compliance Board meeting of September 30, 2004. Vice Chair Costantino seconded the motion that passed unanimously. Motion Ms. Hammer moved to table Case No. 03-2123 to the Code Compliance Board meeting of October 20, 2004. Vice Chair Costantino seconded the motion that passed unanimously. Sr. Code Officer Webb stated that the following case numbers were removed: Case No. 04-689, Case No. 04-977, Case No. 04-1622, Case No. 04-1334, and Case No. 04-1389. Case No. 04-1040, Case No. 04-231, and Case No. 04-1416 complied. Motion Ms. Hammer moved to accept the agenda as amended. Vice Chair Costantino seconded the motion that passed unanimously. IV. Swearing in of Witnesses and Introduction The Recording Secretary administered the oath as required to all persons who would be testifying at the meeting. Chair DeLiso explained the plea system. Sr. Code Officer Webb called the roll and asked that those persons present identify themselves. 2 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida August 18, 2004 V. New Business A. Cases to be Heard Case #04-1279 Property Address: Violation(s): Abbie A. 3ullien 171 Orange Drive FBC '01 ED 3401.6, CHIS- ART.IX. 15-120 (D) Inc Pool to be maintained in sanitary condition Sr. Code & Rehab Officer Roy reported that this was a single-family, non-homesteaded dwelling. The property owner is Abbie A. Jullien, 2260 Chimney Springs Drive, IVlarietta, Georgia. The violation was discovered by a citizen complaint. The original inspection date was June 8, 2004. A written notice was sent certified mail on July 16, 2004 with 10 days to come into compliance. The signed copy of notice was returned on July 27, 2004. Ms. Jullien informed that tablets had been put into the pool to help purify it and that she had a pool contractor working on getting the pump fixed. Abbie A. 3ullien, owner of property at 171 Orange Drive, pled no contest. She had paid a pool contractor to repair the pump but he had not yet done so. She thought that 30 days would be sufficient time in which to have the pump repair completed. Motion Based on the testimony and evidence presented in Case No. 04-1279, Ms. Hammer moved that this Board find that Abbie A. Jullien is in violation of the Florida Building Code Edition 3401.6, Chapter 15, Article IX-15-120 (D) Tnclusive of the Boynton Beach Code of Ordinances and moved to order that the Respondent correct the violation on or before September 30, 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 September 30, 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. Mr. Foot introduced a substitute motion with a compliance date of September 2, 2004. The substitute motion failed for lack of a second. Ms. Hammer amended her motion to a compliance date of September 17, 2004. Vice Chair Costantino agreed to the amendment. The motion passed unanimously. Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida August 18, 2004 Case #04-1320 Property Address: Violation(s): Supreme Palmedy/Marc St.3uste/ /Guy Estella 115 N.E. 16th Avenue 13-16 B.B.C. of Ord., CH15-ART 15-120 (D). lA, FBC '01 ED BBA 104.1.1,PT3-LDR.CH20- VIII.SECI.G, 2A, 2C, and 2. F. FBC'0! ED 103.5 Fire damaged house must be secured and not occupied. Permits must be obtained for remodeling. Stop overcrowding this single- family home. Remove all trash and debris and place 4" house number on building. Sr. Code Officer Webb reported that this was a single-family dwelling that had suffered extensive fire damage and was currently unoccupied. The complaint was received from the Fire Department. The initial inspection was June 14, 2004. On .lune 14, 2004 a written notice was sent giving 30 days to come into compliance. Certified mail went out July 15, 2004, and the green card was returned July :[7, 2004, signed. The house fire was under investigation by the State Fire Marshal. Guy Estella, 126 S. Atlantic Drive West, Boynton Beach, pled no contest. He stated that when they filed the claim with the insurance company, they were directed to contact an adjuster as opposed to coming out to investigate and see what needed to be fixed or what caused the fire. He was called and asked to board up the property, but the investigation had to take place first. After the fire insurance investigation was finished, they were allowed to Board up the house. He heard that in 200:[ when the house first burned, an engineer went inside the house to decide whether the house was fixable or not. The engineer told them that they needed to clean the property and remove all the debris inside the house before he could do his assessment. He would not be able to do the assessment if the windows were boarded up. Chair DeLiso asked Mr. Estella the results of the State Fire Marshal's investigation. Mr. Estella said that he was told they would need to take sand and test it because they were not able to find out the cause of the fire. The firefighters who responded to the fire felt that the fire had started from an electrical cause. They also stated they believed electrical work was being done without a permit and Mr. Estella said this was not the case. 4 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida August 18, 2004 Ms. Hammer asked how many bedrooms were in the house and how many people had been living there. Mr. Estella responded that there were four bedrooms, two baths, and that eight people had lived there. But, it was not occupied at present. Mr. Foot felt that the occupational license was a moot point since it was not occupied and there was also no overcrowding for the same reason. He thought that the properly should be cleaned up and boarded up. Mr. Estella stated that the property had already been cleaned up. He remarked that there was a refrigerator with a door on the property that had to be taken away. The Board let him know that he had to take that door off the refrigerator immediately for the safety and welfare of the children in the neighborhood. Motion Based on the testimony and evidence presented in Case No. 04-1320, Mr. Foot moved that this Board find that Supreme Palmedy, Marc St..luste, and Guy Estella are in violation of the Florida Building Code Edition 2001 BBA 104.1.1 and ED 103.5, and CH15-ART.]:X-15-120 (D) .lA, PT3-LDR.CH20-V]:]:]:.SEC 1.G, 2.A, 2.C, 2.Fs, and 13-16 of the Boynton Beach Code of Ordinances and moved to order that the Respondents correct the violation on or before August 28, 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 $250.00 per day, plus administrative costs, shall be imposed for each day the violation continues past August 28, 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 passed unanimously. Mr. Estella was advised to contact Mr. Webb about how to proceed and to stay in contact with him. Certification of Fine Case No. 03-824 Vilius and Marie Thomas 125 N.W. 4th Avenue Code Officer Pierre requested that this case be tabled for six months. The applicants had applied to the Community ]:mprovement Division, but it would take time. Motion Ms. Hammer moved to table Case No. seconded the motion. 03-824 until February 18, 2005. Ms. Cook Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida August 18, 2004 Mr. Blasie stated that they had picked up an application from Community Improvement today. He spoke with the respondents and advised them that they would request that the case be tabled for 30 days in order to get a definite answer from Community Improvement. The respondents understood that if Community Improvement were unable to assist them, they would have to put the house back into the condition it was in before the modifications were made or pay to have it permitted. He stated that an engineer had seen it some time ago and there was no steel in the columns, a major hurdle. Ms. Hammer amended her motion for a compliance date of September 30, 2004. Ms. Cook agreed. The motion passed unanimously. Case #04-690 Pelican Point Properties LLC 180 S.W. 3rd Avenue Code Officer Cain stated that Pelican Point had been taken over by new owners. He requested that the case be tabled until October 20, 2004. Motion Mr. Foot moved to table Case No. 04-690 until the October 20, 2004 Code Compliance Board meeting. Vice Chair Costantino seconded the motion that passed unanimously. Case #04-449 Arthur 3. Algonas N,E. 4~ Avenue Code Officer Laverdure reported that the notice of violation date had been March 9, 2004 for violations of the Community Appearance Code. A Code Compliance Board hearing was held on May 19, 2004 and no one appeared. The Board set a compliance date of July 18, 2004 and proposed a fine of $25 a day. The violations still exist. Arthur 3. Algonas, 75 N.E. 6th Avenue, Suite 106, Delray Beach, expressed an objection to hearing that he had not appeared at the Code Compliance Board meeting because he had been present, and Mr. Blasie could support that. Mr. Algonas stated that the new owner of the property was supposed to chop down the trees and clean the lot, but he did not finish the job. Mr. Algonas planned to handle the work himself to the satisfaction of the Code Board, and expected to be able to do it in two weeks. Code Officer Laverdure stated that this was a vacant lot and that Mr. Algnonas had another vacant lot on the agenda also, both of which he had sold to the same individual. Mr. Foot said that he did not feel that $25 per day was enough incentive to get the work completed. He asked if there were a way that the fine could be increased at this time. Chair DeLiso stated that the Legal Department had advised that a fine could not be changed once declared. 6 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida August 18, 2004 3ames Boule, 134 N.E. 4th Avenue, the new owner of the property stated that he had agreed to clean this property and the other property on the agenda as well. He had contracted with someone who sharply raised the price during the course of the work, and so he discontinued his or her services. He had been trying to find someone else with a front-end loader to finish the work. A discussion ensued. Ms. Cook recommended certifying the lien and if they were able to bring the properb/ into compliance, they could come back before the board and request a lien reduction. Motion Based on the testimony and evidence presented in Case No. 04-449, Ms. Cook moved that this Board find that the Respondent has not complied with this Board's Order dated May 19, 2004, and having considered the gravity of the violation, 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. Mr. Foot seconded the motion that passed unanimously. Mr. AIgonas noted that the first notice in March had been to mow the property. The second notice said to cut down the trees. Case #04-450 Arthur ]. Algonas N.E. 4th Avenue Code Officer Laverdure reported that this was the same owner and another vacant lot, with the same conditions as the previous case, #04-449. The original violation date was March 9, 2004. A Code Board hearing was held on May 19, 2004 and no one appeared. The Board set a compliance date of .luly 18, 2004 and proposed a fine of $25 per day. The violations still exist. Mr. Algonas reiterated that he had definitely been present at the May Code Board hearing. Motion Based on the testimony and evidence presented in Case No. 04-450, Vice Chair Costantino moved that this Board find that the Respondent has not complied with this Board's Order dated May 19, 2004, and having considered the gravity of the violation, 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 7 Meeting Minutes Code Compliance Board Meeting Boynton Beach~ Florida August 18~ 2004 into compliance or until a judgment is entered based upon this certification of fine. Ms. Cook seconded the motion that passed unanimously. Cases to be Heard (cont'd) Case #04-1336 Property Address: Violation(s): Patricia & Morris Grover, :Ir. 100 N.E. 18m Avenue CH15-ART.IX-15-120 (D) 1 Inc, 15-16 BBC of Ord. Sod yard and swale. Remove loose trash and debris. Place house number on building. Sr. Code Officer Webb reported that this was a single family homesteaded dwelling. The violation was discovered through a routine inspection of the neighborhood. The initial inspection was on June 17, 2004. A written notice was sent out giving 30 days to comply. Morris Grover, .lr., 100 N.E. 18th Avenue, stated that he had put grass in but did not put in a sprinkler system and the grass died. He got the weeds out and was putting in a sprinkler system, which he thought he could finish in 60 days. Mr. Foot inquired if there was still trash and debris on the property. Sr. Code Officer Webb stated that there was less than before, but there were still some things that should be removed. Mr. Foot divided the motions with the first covering the debris and the house number and the second the grass. Motion Based on the testimony and evidence presented in Case No. 04-1336, Mr. Foot moved that this Board find that Patricia and Morris Grover, .Ir. are in violation of Chapter 15, Article :[X-1-120 (D) i l:nclusive and 15-16 of the Boynton Beach Code of Ordinances (loose trash and debris and application of a 4-6 inch house number) and moved to order that the Respondents correct the violation on or before August 28, 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 August 28, 2004. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that passed unanimously. 8 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida August 18, 2004 Motion Based on the testimony and evidence presented in Case No. 04-1336, Mr. Foot moved that this Board find that Patricia and Morris Grover, 3r. are in violation of Chapter 15, Article IX-1-120 (D) 1 inclusive (sod yard and swale) of the Boynton Beach Code of Ordinances and moved to order that the Respondents correct the violation on or before October 17, 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 October 17, 2004. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that passed unanimously. THE ME~-I-ING RECESSED AT 7:48 P.M.AND RECONVENED AT 7:56 P.M. (Ms. Kathy Cook/eft the rneet/ng.) Cases to be Heard (cont'd.) Case #04-698 Property Address: Violation(s): Gregory C. McMenaman 226 S.W. 3~ Avenue CH15-ART.ZX-15-120 (B) .1 and (D) Znc ~nstall sod in yard and swale wherever dead or bare spots occur. Code Officer Cain reported that the City recommended a compliance date of September 17, 2004. Motion Based on the testimony and evidence presented in Case No. 04-698, Ms. Hammer moved that this Board find that Gregory C. McMenaman is in violation of CH15-ART. IX- 15-120 (B).i and (D) Inclusive of the Boynton Beach Code of Ordinances and moved to order that the Respondent correct the violation on or before September 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 $25 per day, plus administrative costs, shall be imposed for each day the violation continues past September 17, 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 9 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida August 18, 2004 verify compliance with this Order. Vice Chair Costantino seconded the motion that passed unanimously. Case #04-1235 Property Address: Violation(s): Christiane Francois 399 S.E. 4th Street 13-16 B.B.C. of Ord, CHIS-ART.IX- 15-120 (D) 1 ]NC. 399 and 403 S.E. 4m Street- remove all unregistered, inoperable vehicles, buckets, doors, trailer, junk from rear of property. Also, an occupational license is required to rent apartments. Code Officer Cain stated that the City recommended a compliance date of September 2, 2004. Mr. Foot noted that this was the owner of the Dolphin Restaurant and he wanted to know what effort had been made to contact her. Code Officer Cain stated that the City had received a signed receipt for notice. Code Officer Cain stated that the vehicles, trailers, and doors complied. An occupational license was still required and there was still trash and debris. He showed the Board some pictures. Vice Chair Costantino asked about the refrigerator in the picture, and Code Officer Cain stated that it was not there when the property was originally cited, but was there yesterday, when he took the pictures. Motion Based On the testimony and evidence presented in Case No. 04-1235, Ms. Hammer moved that this Board find that Christiane Francois is in violation of CH15-ART. ]:X-15- 120 (D).I ]:nclusive and Section 13-16 of the Boynton Beach Code of Ordinances and moved to order that the Respondent correct the violation on or before September 2, 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 September 2, 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 #04-1253 Property Address: Cecil Edwards 408 S.W. 10th Avenue 10 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida August 18, 2004 Violation(s): 10-3 and 13-16 BBC of Ord, CHIS- ART. ZX-15-120 (D) Znc., FBC '01 ED BBA 104.1.1 Occupational license required. Irrigation system must have a permit; remove all outside storage, bricks, pipes, oil cans, appliances, containers, construction materials that are hurricane hazards. Code Officer Cain stated that the City recommended a compliance date of September 2, 2004 since there were hurricane hazards involved. Motion Based on the testimony and evidence presented in Case No. 04-1253, Ms. Hammer moved that this Board find that Cecil Edwards is in violation of 10-3 and 13-16 BBC of Ord, CH15-ART. TX-15-120 (D) :[nc. of the Boynton Beach Code of Ordinances, and the Florida Building Code 2001 Edition, Boynton Beach Amendments 104.1.1 and moved to order that the Respondent correct the violation on or before September 2, 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 September 2, 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. Case #04-1537 Property Address: Violation(s): Motiva Enterprises 111 E. Woolbright Road FBC '01 ED 105.6 Building Department- inspection required for smoke detector Code Officer Cain reported that this case was a Red Tag from the Building Department for an inspection for a smoke detector. Motion Based on the testimony and evidence presented in Case No. 04-1537, Ms. Hammer moved that this Board find that Motiva Enterprises is in violation of the Florida Building Code 2001 Edition 105.6 and moved to order that the Respondent correct the violation on or before September 2, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, 11 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida August 18, 2004 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 September 2, 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 #04-1173 Property Address: Violation(s): 3oseph & 3osephine Nania 150 Flamingo Drive CH20-LDR ART VIII 2-Inc. No water and electricity in house. Unsafe and unsanitary. All broken windows need replacement. Code Inspector Guillaume reported that this was a single family, non-homesteaded dwelling. The City recommended a compliance date of August 28, 2004. The City also recommended that the Board recommend to the City Commission that the City abate the nuisance by making the repairs to bring the property into compliance and 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. 04-1173, Ms. Hammer moved that this Board find that 3oseph and .]osephine Nania are in violation of Chapter 20, Land Development Regulations, Article VIII. 2, Inclusive of the Boynton Beach Code of Ordinances and moved to order that the Respondents correct the violation on or before August 28, 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 August 28, 2004. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that passed unanimously. Motion Ms. Hammer moved to request the City Commission to authorize abatement of the nuisance on the property at 150 Flamingo Drive, pursuant to the City's Code of Ordinances. Ms. Cook seconded the motion. Vice Chair Costantino said if they did not board the property up in 10 days, she wanted to amend the motion to state that the City would go in to board up the property and bill the violators. 12 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida August 18, 2004 Attorney Tolces said that pursuant to the second motion, either the City Commission would authorize it or if there were a serious health and safety issue, the Building Official or the Fire Chief could direct that certain steps be taken as well, pursuant to their authority, without any additional motions by the Board. The abatement of nuisance motion passed unanimously. Attorney Tolces understood that a representative of the Estate had been located and he recommended that she be copied on any correspondence pertaining to this case, certified mail. Mr. Blasie stated that communications would be hand delivered to the representative. Case #04-1408 Property Address: Violation(s): Bobby & Kathryn 3ohnson 31 Ocean Parkway CHIS-ART.IX-IS-120 (D) I inc. install sod in yard. Code Tnspector Guillaume recommended a compliance date of September 17, 2004. Motion Based on the testimony and evidence presented in Case No. 04-1408, Ms. Hammer moved that this Board find that Bobby & Kathryn .lohnson are in violation of Chapter 15, Article 1~X-15-120 (D) I Tnclusive of the Boynton Beach Code of Ordinances and moved to order that the Respondents correct the violation on or before September 17, 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 September 17, 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 passed unanimously. Case #04-1409 Property Address: Violation(s): Sellers Only, inc. 151 Ocean Parkway CH15-ART.IX-15-120 (D) IINC, 13-16 and 15-16 of BBC of Ord. Rental units must be licensed. Mow and de-weed, install sod in dead areas of yard and swale. Visible house number required. 13 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida August 18, 2004 Code Inspector Guillaume stated that the City recommended a compliance date of September 17, 2004. Motion Based on the testimony and evidence presented in Case No. 04-1409, Ms. Hammer moved that this Board find that Sellers Only, Inc. are in violation of Chapter 15, Article IX-15-120 (D) I Inclusive and Sections 13-16 and 15-16 of the Boynton Beach Code of Ordinances and moved to order that the Respondents correct the violation on or before September 17, 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 September 17, 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 passed unanimously. Case #04-1507 Property Address: Violation(s): Roger Doherty & Barbara & 3oseph Hunter 2300 N.E. Ist Lane, 210 FBC '01 ED 10S.6 Red Tag from Building Dept. Final inspection required for water heater. Code Inspector Guillaume stated that the City recommended a compliance date of August 28, 2004. Motion Based on the testimony and evidence presented in Case No. 04-1507, Vice Chair Costantino moved that this Board find that Roger Doherty and Barbara and .~oseph Hunter are in violation of the Florida Building Code 2001 Edition 105.6 and moved to order that the Respondent correct the violation on or before August 28, 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 August 28, 2004. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that passed unanimously. Case #04-1200 Property Address: Boynton Associates, Ltd. 700 N. Seacrest Boulevard 14 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida August 18, 2004 ViolaUon(s): 10-2 BBC of Ord, CHIS-ART.TX-IS- 120 (D) 1 INC. Remove trash and debris in parking lots and yard areas. Sod all yards and swale areas. Irrigation system must be maintained in working order to provide complete coverage. Code Officer Laverdure stated that the City recommended a compliance date of September 2, 2004. Chair DeLiso asked why the City recommended 30 days. Code Officer Laverdure responded that there was a lot to be done. Also, some evictions were pending and necessary in order to start. The respondents had done quite a bit of work. Code Officer Laverdure noted that the Board had a letter in their agenda packets from Boynton Terrace Apartments on this case. The next agenda item (Case #04-1201) also pertained to this owner, and Attorney Tolces advised that the cases should be heard separately. Motion Based on the testimony and evidence presented in Case No. 04-1200, Vice Chair Costantino moved that this Board find that Boynton Associates, Ltd. are in violation of Chapter :L5, Article [X-:LS-120 (D) ! ]:nclusive and Section 10-2 of the Boynton Beach Code of Ordinances and moved to order that the Respondents correct the violation on or before September 2, 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 September 2, 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 passed unanimously. Case #04-1201 Property Address: Violation(s): Boynton Associates, Ltd. 801 N. Seacrest Boulevard 10-2 BBC of Oral, CHIS-ART.IX-IS- 120 (D) IINC Remove trash and debris in parking lots and yard areas. Sod all yards and swale areas, zrrigation system must be maintained in working 15 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida August 18, 2004 order to provide complete coverage. Code Officer Laverdure reported that the City recommended a compliance date of September 2, 2004. Motion Based on the testimony and evidence presented in Case No. 04-1201, Vice Chair Costantino moved that this Board find that Boynton Associates, Ltd. are in violation of Chapter 15, Article TX-15-120 (D) 1 ]:nclusive and Section 10-2 of the Boynton Beach Code of Ordinances and moved to order that the Respondents correct the violation on or before September 2, 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 September 2, 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. IVls. Simshauser seconded the motion that passed unanimously. Case #04-1500 Property Address: Violation(s): Rosa Anderson 310 N.E.11th Avenue CH15-ART.IX-15-120 (D) 1 INC. Vacant lot - cut trees in back to 10- foot canopy and remove homeless camp. Code Officer Laverdure reported that this was a vacant lot and that the house had been torn down. The City recommended a compliance date of September 2, 2004. Motion Based on the testimony and evidence presented in Case No. 04-1500, Mr. Foot moved that this Board find that Rosa Anderson is in violation of Chapter 15, Article :[X-15-120 (D) ! ]:nclusive of the Boynton Beach Code of Ordinances and moved to order that the Respondent correct the violation on or before September 2, 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 September 2, 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 passed unanimously. 16 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida August 18, 2004 Case #04-1546 Property Address: Violation(s): Prime Property of the PBCHS 126 N.E. 12th Avenue CH15-ART.IX-15-120 (D) 1 INC., PT 3-LDR.CH2.SECS.A. 1 Remove construction material and all trash and debris. Dumping fill mix on vacant lot not allowed. Must be removed. Code Officer Laverdure stated that the City recommended a compliance date of August 28, 2004. Motion Based on the testimony and evidence presented in Case No. 04-1546, Vice Chair Costantino moved that this Board find that Prime Property of the PBCHS are in violation of Chapter 15, Article ]:X-15-120 (D) 1 Tnclusive and Part 3 of the LDR, Chapter 2, Section 5.A. 1, of the Boynton Beach Code of Ordinances and moved to order that the Respondents correct the violation on or before August 28, 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 $75 per day, plus administrative costs, shall be imposed for each day the violation continues past August 28, 2004. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed unanimously. Case #04-1305 Property Address: Violation(s): Wilfranc Clerjuste & Barthelmy Pierre 121 S.E. 31st Avenue CHIS-ART.IX-15-120 (D) I INC, FBC '01 ED BBA 104.1.1, 10-52 BBC of Ord. Building permit required for wood fencing. Remove unregistered/inoperable vehicles from property. Sr. Code Officer Lewis stated that the City recommended a compliance date of September 2, 2004. 17 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida August 18, 2004 Motion Based on the testimony and evidence presented in Case No. 04-1305, Mr. Foot moved that this Board find that Wilfranc Clerjuste and Barthelmy Pierre are in violation of Chapter 15, Article IX-15-120 (D) i Inclusive and 10-52 of the Boynton Beach Code of Ordinances and the Florida Building Code 2001 Edition Boynton Beach Amendments 104.1.1 and moved to order that the Respondents correct the violation on or before September 2, 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 September 2, 2004. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed unanimously. Case #04-1328 Property Address: Violation(s): Christine Gillen & Pierre Waklin 172 S.E. 29m Avenue 13-16 and 10-2 BBC of Ord, CH15- ART.IX-15-120 (D) 1 INC. and (E) INC. Occupational license required. Mow and de-weed property. Restore pool to sanitary condition. Repair deteriorated fencing or replace. Sr. Code Officer Lewis stated that the City recommended a compliance date of September 17, 2004. Mr. Foot asked about the condition of the pool. Sr. Code Officer Lewis stated that the pool had been cleaned up. Ms. Gillen had been present earlier but had to leave. The yard needed to be mowed and the fence needed to be repaired. Vice Chair Costantino asked if the pool area was accessible to small children, and Sr. Code Officer Lewis stated that it was not. Motion Based on the testimony and evidence presented in Case No. 04-1328, Vice Chair Costantino moved that this Board find that Christine Gillen and Pierre Waklin are in violation of Chapter 15, A~cicle TX-15-120 (D) 1 Inclusive and (E) ]:nclusive and 10-2 and 13-16 of the Boynton Beach Code of Ordinances and moved to order that the Respondents correct the violation on or before September 17, 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 18 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida August 18, 2004 costs, shall be imposed for each day the violation continues past September 17, 2004. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed unanimously. Case #04-1452 Property Address: Violation(s): Claude E. 3oseph & 3oseph Sorel 170 S.E. 27th Court CHIS-ART. IX-IS-120 (D) 1 INC, 10-52 BBC of Ord. Deweed yard and swale. Re-sod dead areas of front yard. Remove all outdoor stored trailers, truck and debris. Remove inoperable vehicles. .Sr. Code Officer Lewis stated that the City recommended a compliance date of September 17, 2004. Mr. Foot asked if there were hurricane hazards, and the response was that there were not. Motion Based on the testimony and evidence presented in Case No. 04-:[452, Mr. Foot moved that this Board find that Claude E. _loseph and .Joseph Sorel are in violation of Chapter :[5, Article TX-:[5-120 (D) :[ Inclusive and :[0-52 of the Boynton Beach Code of Ordinances and moved to order that the Respondents correct the violation on or before September 17, 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 September :[7, 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 passed unanimously. Case #04-1398 Property Address: Violation(s): Robert S. Foster 1077 S.W. 27th Place CHIS-ART.IX-15-120 (D) INC., FBC '01 ED 3401.6 Remove trash and debris. Mow grass, weeds, and trim yard. Repair pool pump to clean and filter the water. 19 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida August 18, 2004 Sr. Code Officer Melillo stated that the City recommended a compliance date of October 2, 2004. Vice Chair Costantino asked about the condition of the pool. Sr. Code Officer Melillo stated that it looked the same, but the owner had a contract for a pool pump and remarciting. Mr. Foot asked if it was empty, and Sr. Code Officer Melillo responded that it was half empty. The yard was mowed and the debris was gone. Motion Based on the testimony and evidence presented in Case No. 04-1398, Vice Chair Costantino moved that this Board find that Robert S. Foster is in violation of Chapter 15, Article IX-15-120 (D) ]:nclusive of the Boynton Beach Code of Ordinances, and the Florida Building Code 2001 Edition 3401.6 and moved to order that the Respondent correct the violation on or before October 2, 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 October 2, 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. Carroll seconded the motion that passed unanimously. Case #04-1453 Property Address: Violation(s): 3ames Isaac 215 N.W. 7th Court CHIS-ART.IX-IS-120 (D) 1 INC. Remove debris and trash. Trim tree and mow grass. Code Officer Pierre stated that the City recommended a compliance date of August 28, 2004. Motion Based on the testimony and evidence presented in Case No. 04-1453, Ms. Hammer moved that this Board find that James ]:saac is in violation of Chapter 15, Article [X-15- 120 (D) i [nclusive of the Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violation on or before August 28, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day, plus administrative costs, shall be imposed for each day the violation continues past August 28, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance 20 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida August 18, 2004 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 #04-1461 Property Address: Violation(s): Lue Gennie Rivers 515 N.W. 11th Avenue CH 15-ART.ZX- 15-120-(D) ;[NC Sod front yard. De-weed and trim tree in back. Code Officer Pierre stated that the City recommended a compliance date of September 17, 2004. Motion Based on the testimony and evidence presented in Case No. 04-1461, Mr. Foot moved that this Board find that Lue Gennie Rivers is in violation of Chapter 15, Article IX-15- 120 (D) Inclusive of the Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violation on or before September 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 $25 per day, plus administrative costs, shall be imposed for each day the violation continues past September 17, 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 #04-1466 Property Address: Violation(s): Willie Gibson, Sr. 525 N.W. 5th Street CH15-ART.IX-15-120 (D) INC. De-weed and sod bare spots in front yard. Code Officer Pierre stated that the City recommended a compliance date of September 17, 2004. Motion Based on the testimony and evidence presented in Case No. 04-1466, Ms. Hammer moved that this Board find that Willie Gibson, Sr. is in violation of Chapter 15, Article IX-15-120 (D) ~[nclusive of the Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violation on or before September 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 $25 per day, plus 21 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida August 18, 2004 administrative costs, shall be imposed for each day the violation continues past September 17, 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 #04-1547 Property Address: Violation(s): David Kislak & ,lane Kislak 515 N.W. 8th Street CH15-ART.IX-15-120 (D) iNC. Remove all unregistered inoperable vehicles in front and back yards. Remove all trash and debris. Code Officer Pierre stated that the City recommended a compliance date of August 28, 2004. Motion Based on the testimony and evidence presented in Case No. 04-1547, Ms. Hammer moved that this Board find that David Kislak & .lane Kislak are in violation of Chapter 15, Article ]:X-15-120 (D) Tnclusive of the Boynton Beach Code of Ordinances, and moved to order that the Respondents correct the violation on or before August 28, 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 $150 per day, plus administrative costs, shall be imposed for each day the violation continues past August 28, 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 passed unanimously. Case #04-1513 Property Address: Violation(s): 3oseph T. Harris 22 Westgate Lane "E" FBC '01 ED 105.6 inspection required for water heater. Sr. Code & Rehab Officer Roy stated that the City recommended a compliance date of September 2, 2004. Motion Based on the testimony and evidence presented in Case No. 04-1513, Mr. Foot moved that this Board find that ~loseph T. Harris is in violation of the Florida Building Code 22 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida August 18, 2004 2001 Edition 105.6, and moved to order that the Respondent correct the violation on or before September 2, 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 September 2, 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 #04-1300 Property Address: Violation(s): Wayde L. King & 3ames L. King N.E. gth Avenue CH10-ARTTZ-SEC10-24 (B) (3) UncontaJnerJzed refuse. Vacant lot west of 117 N.E. 9th Avenue. Contain all loose trash on vacant lot and dispose of properly. Maintain a trash free area at all times. Code Officer Surajbally stated that this was an empty lot and that the problem was a recurring one. Chair DeLiso noted that it was, however, the first time it had appeared before the Board. The City recommended a compliance date of August 28, 2004. Motion Based on the testimony and evidence presented in Case No. 04-1300, Ms. Hammer moved that this Board find that Wayde L. King and .lames L. King are in violation of Chapter 10, Article II, Section 10-24 (B) (3) of the Boynton Beach Code of Ordinances, and moved to order that the Respondents correct the violation on or before August 28, 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 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 28, 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 passed unanimously. Case #04-1540 Property Address: Violation(s): William Ganoe 320 N.E. 13m Avenue 10-2 of the BBC of Ord. 23 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida August 18, 2004 Contain loose trash around dumpster location and maintain a trash free area at all times. Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida August 18, 2004 Code Officer Surajbally reported that this case represented a safety and health hazard and the City recommended a Cease and Desist Order. He responded that it was the first time but there was raw garbage involved. Motion Based on the testimony and evidence presented in Case No. 04-1540, Ms. Carroll moved that this Board find that William Ganoe is in violation of Section 10-2 of the Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violation on or before August 28, 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 $250 per day, plus administrative costs, shall be imposed for each day the violation continues past August 28, 200,L 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. Motion Based on testimony and evidence presented in Case No. 04-1300, Vice Chair Costantino moved that a Cease and Desist Order be issued giving William Ganoe until August 28, 2004 to bring the violation of Boynton Beach Code Section 10-2 of the Boynton Beach Code of Ordinances 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 $250.00 per reoccurrence of the violation thereafter shall be imposed upon the Respondent. Mr. Foot seconded the motion that passed unanimously. Case #04-443 Property Address: Violation(s): Gary 3. Bataille 1498 N.W. Ist Street FBC '01 ED 103.5 Red Tag from Building Division Sr. Code Officer Webb stated that the City recommended a compliance date of August 28, 2004. Motion Based on the testimony and evidence presented in Case No. 04-443, Ms. Carroll moved that this Board find that Gary .]. Bataille is in violation of the Florida Building Code 2001 Edition 103.5, and moved to order that the Respondent correct the violation on or before August 28, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day, plus administrative costs, shall be imposed for each day the 25 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida August 18, 2004 violation continues past August 28, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Vice Chair Costantino seconded the motion that passed unanimously. Case #04-1102 Property Address: Violation(s): Gerald NT Fasolo 1503 N.E. 4m Court CH15-ART.~[X-15-120 (D) I ~[NC, Chapter 20, Section 8, E-16 Sod all bare areas in yard and swale. Remove all inoperable and unlicensed vehicles. Remove all loose trash and debris. Place 4" house number on building. Sr. Code Officer Webb stated that the City recommended a compliance date of September 17, 2004. Motion Based on the testimony and evidence presented in Case No. 04-1102, Ms. Hammer moved that this Board find that Gerald NT Fasolo is in violation of Chapter 15, Article 1X-15-120 (D) i Inclusive, and Chapter 20, Section 8, E-16 of the Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violation on or before September 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 $25 per day, plus administrative costs, shall be imposed for each day the violation continues past September 17, 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. Carroll seconded the motion that passed unanimously. Mr. Foot asked if there was still loose trash and debris, and Sr. Code Officer Webb stated that it was still there, but covered up. Case #04-1337 Property Address: Violation(s): Ernst Dessources 90 N.E. 18th Avenue CH15-ART. IX-15-120 (D) .lA, 15- 16 BBC of Ord. Remove all unlicensed and inoperable vehicles. Place 4-6" house number on building. 26 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida August 18, 2004 Sr. Code Officer Webb stated that the City recommended a compliance date of September 17, 2004. Motion Based on the testimony and evidence presented in Case No. 04-1337, Ms. Hammer moved that this Board find that Ernst Dessources is in violation of Chapter 15, Article IX-15-120 (D) .lA, and 15-16 of the Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violation on or before September 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 $25 per day, plus administrative costs, shall be imposed for each day the violation continues past September 17, 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 #04-1377 Property Address: Violation(s): Cederick & Katherine Edwards 1521 N.E. 4~ Street CH15-ART.:~X-15-120 (D) I INC, 13-16 BBC of Ord. Sod all areas void of grass. Remove all loose trash. Remove unlicensed and inoperable vehicles. Occupational license required to rent property. Sr. Code Officer Webb stated that the City recommended a compliance date of September 2, 2004. Motion Based on the testimony and evidence presented in Case No. 04-1377, Ms. Hammer moved that this Board find that Cederick and Katherine Edwards are in violation of Chapter 15, Article [X-15-120 (D) I ]:nclusive and Section 13-16 of the Boynton Beach Code of Ordinances, and moved to order that the Respondents correct the violation on or before September 2, 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 September 2, 2004. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed unanimously. 27 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida August 18, 2004 Case #04-1388 Property Address: Violation(s): Robert 3. Green 342 NE. 14th Avenue CH15-ART.:[X-15-120 (D) 1 :[NC~ 15-16 BBC of Ord. Remove unlicensed and inoperable vehicles. Sod all areas void of grass in yard and swale. Place 4-6" high house number on building. Sr. Code Officer Webb reported that the City recommended a compliance date of September 2, 2004. Motion Based on the testimony and evidence presented in Case No. 04-1388, Ms. Hammer moved that this Board find that Robert .1. Green is in violation of Chapter 15, Article TX- 15-120 (D) i ]:nclusive, and 15-16 of the Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violation on or before September 2, 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 September 2, 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. Case #04-1654 Property Address: Violation(s): Linda Cahill 615 N.E. 15th Place CH15-ART.:[X-15-120 (D) I :[NC., CH20-SEC 8, E-16 Sod all areas void of grass. Trim all bushes and sea grapes around house. Place 4" high house number on building visible from the adjacent street. Sr. Code Officer Webb stated that the City recommended a compliance date of August 28, 2004. Motion Based on the testimony and evidence presented in Case No. 04-1654, Ms. Hammer moved that this Board find that Linda Cahill is in violation of Chapter 15, Article ]X-15- 120 (D) i :Inclusive, and Chapter 20, Section 8, E-16, of the Boynton Beach Code of 28 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida August 18, 2004 Ordinances, and moved to order that the Respondent correct the violation on or before August 28, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day, plus administrative costs, shall be imposed for each day the violation continues past August 28, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed unanimously. Lien Certifications (cont'd.) Sr. Code Officer Webb stated that the City recommended certifying a fine in the amount of $25 per day in the following cases: Case #04-763, Case #04-851, and Case #04-852 Case #04-763 Debbie D. Rollerson et al 219 NE. 7th Avenue Motion Based on the testimony and evidence presented in Case No. 04-763, Mr. Foot moved that this Board find that the Respondents have not complied with this Board's Order dated .lune 16, 2004, and having considered the gravity of the violations, the actions taken by the Respondents and any and all previous violations committed by the Respondents, that this Board impose and certify a fine in the amount of $25 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. Vice Chair Costantino seconded the motion that carried unanimously. Case #04-851 Earnestine Hatcher 415 N.W. 9th Avenue Motion Based on the testimony and evidence presented in Case No. 04-851, Mr. Foot moved that this Board find that the Respondents have not complied with this Board's Order dated 3une 16, 2004, and having considered the gravity of the violations, the actions taken by the Respondents and any and all previous violations committed by the Respondents, that this Board impose and certify a fine in the amount of $25 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. Vice Chair Costantino seconded the motion that carried unanimously. 29 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida August 18, 2004 Case #04-852 Willie & S¥1vester Bunkley 545 N.W. 9m Avenue Motion Based on the testimony and evidence presented in Case No. 04-852, Mr. Foot moved that this Board find that the Respondents have not complied with this Board's Order dated .lune 16, 2004, and having considered the gravity of the violations, the actions taken by the Respondents and any and all previous violations committed by the Respondents, that this Board impose and certify a fine in the amount of $25 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. Vice Chair Costantino seconded the motion that carried unanimously. Sr. Code Officer Webb stated that the City recommended certifying a fine of $100 day on Case #04-350. Case #04-350 Earnestine Waters 160 N.E. 19th Avenue Motion Based on the testimony and evidence presented in Case No. 04-350, 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. Ms. Carroll seconded the motion that carried unanimously. Sr. Code Officer Webb stated that the City recommended certifying "No Fine" in the following cases: Case #03-3171, Case #04-500, Case # 04-1203, Case #04-1272, Case #04-1072, Case# 03-2424. Case #03-3171 Barbara A. Phillips 2051 N.W. 2nd Court Motion Based on the testimony and evidence presented in Case No. 03-3171, Vice Chair Costantino moved that this Board find that the Respondent has not complied with this Board's Order dated February 18, 2004, and having considered the gravity of the violations, the actions taken by the Respondent and any and all previous violations committed by the Respondent, that this Board impose and certify "No Fine" including administrative costs. Ms. Carroll seconded the motion that carried unanimously. 3O Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida August 18, 2004 Case #04-500 Anna M. Santiago 2180 N. Seacrest Blvd. Motion Based on the testimony and evidence presented in Case No. 04-500, Vice Chair Costantino moved that this Board find that the Respondent has not complied with this Board's Order dated May 19, 2004, and having considered the gravity of the violations, the actions taken by the Respondent and any and all previous violations committed by the Respondent, that this Board impose and certify "No Fine" including administrative costs. Ms. Carroll seconded the motion that carried unanimously. Case #04-1203 Stephanie Barrett & Omari Murray 201 S.W. 11th Avenue Motion Based on the testimony and evidence presented in Case No. 04-:[203, Vice Chair Costantino moved that this Board find that the Respondents have not complied with this Board's Order dated .luly 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 "No Fine" including administrative costs. Ms. Carroll seconded the motion that carried unanimously. Case #04-1272 Lorraine A. Simon 121 N.E. 4th Avenue Motion Based on the testimony and evidence presented in Case No. 04-1272, Vice Chair Costantino moved that this Board find that the Respondent has not complied with this Board's Order dated 3uly 21, 2004, and having considered the gravity of the violations, the actions taken by the Respondent and any and all previous violations committed by the Respondent, that this Board impose and certify "No Fine" including administrative costs. Ms. Carroll seconded the motion that carried unanimously. Case #03-2424 Stonehaven Homeowners Association, ~[nc. Banyan Creek Cou~ Motion Based on the testimony and evidence presented in Case No. 03-2424, Vice Chair Costantino moved that this Board find that the Respondents have not complied with this Board's Order dated November 19, 2003, and having considered the gravity of the violations, the actions taken by the Respondents and any and all previous violations committed by the Respondents, that this Board impose and certify "No Fine" including administrative costs. Ms. Carroll seconded the motion that carried unanimously. 31 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida August 18, 2004 Case #04-1072 Sears Roebuck & Co. 801 N. Congress Ave. #501 Motion Based on the testimony and evidence presented in Case No. 04-1072, Vice Chair Costantino moved that this Board find that the Respondents have not complied with this Board's Order dated .lune 16, 2004, and having considered the gravity of the violations, the actions taken by the Respondents and any and all previous violations committed by the Respondents, that this Board impose and certify "No Fine" including administrative costs. Ms. Carroll seconded the motion that carried unanimously. VI. Old Business A. Lien Penalty Certifications (Tabled) Sr. Code Officer Webb recommended that the following cases be tabled until the Code Compliance Board meeting on September 30, 2004: Case #03-2263, Case #04-635, Case #04-33, Case #04-448, Case #04-561, Case #04-489, Case #04-1099, Case #03- 3317. Case #03-2263 Algot Anderson 212 SW. 4m Street Motion Vice Chair Costantino moved that Case No. 03-2263 be tabled until the Code Compliance Board meeting to be held on September 30, 2004. Ms. Hammer seconded the motion that carried unanimously. Case #04-635 Margery & Claire E. 3ohnson 405 W. Ocean Avenue Motion Vice Chair Costantino moved that Case No. 04-635 be tabled until the Code Compliance Board meeting to be held on September 30, 2004. Ms. Hammer seconded the motion that carried unanimously. Case #04-33 St. Paul AME Church N.E. 10m Avenue Motion Vice Chair Costantino moved that Case No. 04-33 be tabled until the Code Compliance Board meeting to be held on September 30, 2004. Ms. Hammer seconded the motion that carried unanimously. 32 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida August 18, 2004 Case #04-448 Nathaniel Robinson N.E. 4th Avenue Motion Vice Chair Costantino moved that Case No. 04-448 be tabled until the Code Compliance Board meeting to be held on September 30, 2004. Ms. Hammer seconded the motion that carried unanimously. Case #04-561 Susie Sporysz Estate 503 S.E. 23~ Avenue Motion Vice Chair Costantino moved that Case No. 04-561 be tabled until the Code Compliance Board meeting to be held on September 30, 2004. Ms. Hammer seconded the motion that carried unanimously. Case #04-489 Lillie M. Wright & Charlie & Ella L. Light 308 N.W. 11th Avenue Motion Vice Chair Costantino moved that Case No. 04-489 be tabled until the Code Compliance Board meeting to be held on September 30, 2004. Ms. Hammer seconded the motion that carried unanimously. Case #04-1099 ;[glad A. Naurelus & Guy Estella 155 N.E. 16m Avenue Motion Vice Chair Costantino moved that Case No. 04-1099 be tabled until the Code Compliance Board meeting to be held on September 30, 2004. Ms. Hammer seconded the motion that carried unanimously. Case #03-3317 Tyree D. & Carole B. Gaines 3320 Ocean Parkway Motion Vice Chair Costantino moved that Case No. 03-3317 be tabled until the Code Compliance Board meeting to be held on September 30, 2004. IVls. Hammer seconded the motion that carried unanimously. 33 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida August 18, 2004 VII. Discussion Attorney Comment In response to a question earlier in the meeting, Attorney Tolces advised that in municipalities having a population greater than 50K, the City may enact an ordinance to provide for a higher fine, up to $1,000. VIII. Adjournment Since there was no further business before the Board, the meeting was duly adjourned at 8:36 p.m. Respectfully submitted, Susan Collins Recording Secretary (081904) 34