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Minutes 11-17-04 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN COMMISSION CHAMBERS CITY OF BOYNTON BEACH, ON WEDNESDAY, NOVEMBER 17, 2004 AT 7:00 P.M. Present Michele Costantino, Vice Chair Kathleen Carroll Kathy Cook Robert Foot (left the meeting at 10:00 p.m.) Lisa Simshauser Absent Christopher De Liso, Chair Patti Hammer I. Call to Order David Tolces, Assistant City Attorney Scott Blasie, Code Administrator Code Comoliance Officers: Courtney Cain Luney Guillaume Skip Lewis Rich Laverdure Mike Melillo Vestiguerne Pierre Pete Roy Willie Webb Vice Chair Costantino called the meeting to order at 7:00 p.m. II. Approval of Minutes of October 20, 2004 September 23, 2994 The following changes were suggested for the minutes of the October 20th Regular Meeting: page 16, Cases to be Heard (New), Case No. 04-1652 - Joseph M. Skaates, 1st paragraph should read Code Officer Cain (from Code Officer Webb); page 17; Case No. 03-3113 - Joseph A. Jean, tabled to date should read December 15, 2004 (from November 17, 2004); page 26, Case No. 04-1386 _ Wahoo LLC, change Case No. to 04-1847; page 40, Case No. 04-1255 - Monica Robinson, should be changed to reflect that item was motioned by Ms. Carroll and seconded by Mr. Foot; page 45, Case No. 04-343 - Josephine McDonald should be changed to Josephus McDonald. Mr. Foot suggested adding a notation that Ms. Hammer left the meeting at 9:00 p.m. Motion Mr. Foot moved to accept the subject minutes with the corrections as noted. Ms. Carroll seconded the motion that passed unanimously. Meeting Minutes Code Compliance Board Meeting Bovnton Beach, Florida November 17, 2004 III. Approval of Agenda Sr. Code & Rehab Officer Peter Roy stated the following case numbers complied: Case No. 04-2171, Case No. 04-1895, Case No. 04-2314. Sr. Code Officer Roy stated the following case numbers were closed: Case No. 04-1635, Case No. 04-1828, Case No. 04-2026. Sr. Code Officer Roy stated the following case numbers were removed: Case No. 04-2045, Case No. 04-2303. Motion Mr. Foot moved to accept the agenda as amended. Ms. Carroll seconded the motion that passed unanimously. IV. Swearing in of Witnesses and Introduction Sr. Code & Rehab Officer Roy called the roll and asked that those persons present identify themselves. Attorney Tolces administered the oath as required to all persons who would be testifying at the meeting. Vice Chair Costantino explained the plea system. V. New Business A. Cases to be Heard Case No. 04-1587 Property Address: Violation( s): Guy Estella 212 SW 10th Avenue CH15 - ART. IX-15-120(D) INC. Sod yard and remove all trash and debris from rear yard, vehicle, washing machine, car parts, junk. Also remove unlicensed vehicle from carport. 2 Meeting Minutes Code Compliance Board Meeting Bovnton Beach, Florida November 17, 2004 Code Compliance Officer Courtney Cain stated this was a single-family dwelling that is homesteaded. The case originated as a citizen's complaint. The original inspection date was July 9, 2004 via written notice and the Respondent was given 30 days to comply. Notice was posted at City Hall. The sod is complied but the remainder of the violation remains. Guy Estella, 126 S. Atlantic Drive West, pled no contest. Mr. Estella explained that he must pay a tow truck to remove the vehicles from the property. His baby's mother lives at this property and doesn't allow him, nor anyone else, access to the property to bring it into compliance. He must have a Police escort to gain access to the property in order to speak with her to explain any work that needs to be done. He explained that she resides on the property because of his son, although he does not personally live there. Mr. Estella has removed the tires from the vehicles and removed them from the property. He stated his baby's mother is the person responsible for placing the items on the property and asked for 2 weeks to correct the violations. Motion Based on the testimony and evidence presented in Case No. 04-1587, Mr. Foot moved to find that Guy Estella is in violation of the City of Boynton Beach Code Chapter 15, Article IX-15-120(D) Inclusive, and moved to order that Respondent correct the violation on or before December 17, 2004. Based upon the evidence presented in this case, the Board finds a repeat violation of Code Chapter 15, Article IX-15-120(D) Inclusive. Having also considered the gravity of the violation, and the actions taken by Respondent, the Board hereby orders that should Respondent fail to comply with this Order, a fine in the amount of $250.00 per day shall be imposed for each day the violation continues past December 17, 2004 plus administrative costs. 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. Case #04-2178 Property Address: Violation( s): Guy Estella 1490 NW 1st Street CH 15-ART .IX-15-120(D)1 INC.; 13-16 B.B.C. of ORD; LDR CH20 ART I SEC 8 E 16 Remove all unlicensed and inoperable vehicles from property. Place 4-inch house numbers on building visible 3 Meeting Minutes Code Compliance Board Meeting Bovnton Beach, Florida November 17, 2004 from adjacent street. Occupational license for rental property Sr. Code Compliance Officer Willie Webb reported that this was a single-family, non-homesteaded residence. The initial inspection was August 27, 2004 with and a written notice being mailed, providing 20 days to comply. Certified mail was sent September 29, 2004 with the signed green card returned October 1, 2004. Guy Estella, 126 S. Atlantic Drive West, pled no contest. He stated that he called Officer Webb today to inform him that the vehicles had been removed and the house numbers placed on the house. He has applied for an occupational license. Mr. Webb is scheduled to reinspect the property on Tuesday, November 23, 2004 at 10:00 a.m. Sr. Code Compliance Officer Webb clarified that Mr. Estella is someone who is known for waiting until just prior to the Code Board meetings to bring the property into compliance. This property has been cited previously but this is the first time it has come before the Board. Motion Based on the testimony and evidence presented in Case No. 04-2178, Mr. Foot moved that this Board find that Guy Estella is in violation of the City of Boynton Beach Code Chapter 15, Article IX-15-120(D)1 Inclusive; 13-16 Boynton Beach Code of Ordinances; and Land Development Regulations Chapter 20, Article I, Section 8 E-16, and moved to order that the Respondent correct the violation on or before November 27, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount $250.00 per day plus administrative costs shall be imposed for each day the violation continues past November 27, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that passed unanimously. Case #04-1097 Property Address: Guy Estella 111 NE 16th Avenue 4 Meeting Minutes Code Compliance Board Meeting Bovnton Beach, Florida November 17, 2004 Violation(s): CH15-ART. IX-15-120(D)1 INC.; CHAPTER 20 SEC. 8 E- 16 Sod all areas void of grass. Remove all unlicensed and inoperable vehicles and place 4-inch house numbers on building. Sr. Code Compliance Officer Webb reported this was a single-family, non- homesteaded property. The initial inspection was May 14, 2004 with a written notice giving 30 days to comply and sent certified mail October 20, 2004. The green card was returned unsigned. The property was posted on October 25, 2004. Guy Estella, 126 S. Atlantic Drive West, pled no contest. He stated he sodded the area but the tenants continue to park on that area. As such, a driveway would be installed. However, the general contractor hired to pull the permits was not licensed and no longer authorized to pull permits with the City of Boynton Beach. Mr. Estella tried to pull owner-contractor permits but because he does not live at the property he was not able to pull them. He is in the process of hiring a qualified contractor and asked for 45 days to comply. Sr. Code Compliance Officer Webb confirmed that the vehicles have been removed and a picture was distributed for the Board to review. Motion Based on the testimony and evidence presented in Case No. 04-1097, Mr. Foot moved that this Board find that Guy Estella is in violation of the City of Boynton Beach Code Chapter 15, Article IX-15-120(D)1 InclUSive and Land Development Regulations Chapter 20, Section 8 E-16, and moved to order that the Respondent correct the violations on or before January 1, 2005. The Board has conSidered the gravity of the violation, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount $250.00 per day plus administrative costs shall be imposed for each day the violation continues past January 1, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that passed unanimously. 5 Meeting Minutes Code Compliance Board Meeting Bovnton Beach, Florida November 17, 2004 Case #04-17 Property Address: Violation( s): Marwan Ghali & Suhair Gali 111 NE 10th Avenue FBC'Ol 104.6, 106.11 AND 105.11 BBA The church never received a C.O. Permit #99-4443 because the occupancy changed from a laundromat to a church without the supporting infrastructure. This permit is now voided. Owner was given numerous extensions and has not followed through on completion of parking lot and the parking lot permit expired on 12/24/03. Status checks performed 12/29/03 and 12/30/03 that indicate work not installed per plan and no continued activity has occurred. Certificate of occupancy required. Code Compliance Officer Rich Laverdure stated that the City recommended to table this case until December 15, 2004. Motion Ms. Simshauser motioned that Case No. 04-17 be tabled until the Code Compliance board meeting to be held on December 15, 2004. Ms. Carroll seconded the motion that passed unanimously. Case #04-1822 Property Address: Violation( s): Ramon Iglesias 505 NW 8TH Court FBC '01 ED 105.6 Permit #03-1439. Bathroom re-modeling was never inspected. 6 Meeting Minutes Code Compliance Board Meeting Bovnton Beach, Florida November 17 , 2004 Code Compliance Officer Rich Laverdure stated this was a single-family, non- homesteaded property. The origin of this case was a Red Tag from the Building Department and initial inspection date was August 5, 2004. Initial notice was written with 10 days to comply and mailed on October 22, 2004. Signed green card was returned on October 23, 2004. Ramon Iglesias, 505 NW Sth Court, pled not guilty. He asked that Ms. Lassiter speak for him. Kay Lassiter, SOS7 Rosemarie Circle, stated Mr. Iglesias bought the property from a seller who was not represented by a real estate company. The seller misinformed Mr. Iglesias that a permit was obtained and a final inspection was completed for the bathroom remodeling. The conversation between Mr. Iglesias and the seller took place over one year ago. Once he received the notice, he met with Mr. Johnson in the Planning Department. Ms. Lassiter stated she had represented Mr. Iglesias during the sale of the property. When they spoke with the seller, she stated the property was sold "as is" and would not take responsibility for the permit. Ms. Lassiter has documented all the steps they have taken to certify the work has been completed. An engineer could not be found locally to take on this responsibility and they found the original engineer who designed the bathroom. He stated he would help them and came to look at the construction. Numerous licensed technicians (plumbers, electricians, etc.) had been obtained to complete the inspections. Last week they were informed during the final permitting process that the bathroom did not have a window installed as per the original plans. Therefore, ventilation is inadequate and a licensed contractor must now be hired to install a window or fan. An engineer must also change the plans that were originally submitted. Motion Based on the testimony and evidence presented in Case No. 04-1822, Ms. Cook moved that this Board find that Ramon Iglesias is in violation of the Florida Building Code 2001 Edition Chapter 105.6, and moved to order that the Respondent correct the violation on or before January 16, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount $25.00 per day plus administrative costs shall be imposed for each day the violation continues past 7 Meeting Minutes Code Compliance Board Meeting Bovnton Beach, Florida November 17, 2004 January 16, 2005. 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 #03-2876 Property Address: Violation(s): Charles C. Vlamynck 922 SE 3'd Street FBC '01 ED 104.1.1 Permit required for shed in rear yard. Code Compliance Officer Cain reported this case was a single-family, homesteaded dwelling. Initial notice was a written notice providing 30 days to comply. Notice was sent certified mail on October 21, 2004 and the green card was signed and returned October 22, 2004. Charles C Vlamynck, 922 SE 3'd Street, pled not guilty with explanation. Mr. Tolces, Assistant City Attorney, clarified the plea system for Mr. Vlamynck. Mr. Vlamynck changed his plea to no contest. At the time that the violation was brought to his attention, he attempted to obtain permits to bring the shed into compliance. He attempted to locate engineering drafts completed on the shed in order to bring it into compliance with Palm Beach County Code as well as City Code. The plans were not feasible for him to obtain due to cost constraints. He was also not able to relocate the shed within setbacks due to the size of the shed. He had researched replacing the shed but has not been able to find a manufacturer that produces a shed under 8V2 feet in height from ground to peak. He has, however, been able to find manufacturers that would produce a shed with 100 square feet in floor space. He is ready, willing, and able to replace the shed at a moments' notice once the Code has been rewritten by Planning. Therefore, he is requesting an extension until the Code has been rewritten with enough time added to place the order and have the shed installed along with removal ofthe old shed. Ms. Cook asked for clarification of the Code Mr. Vlamynck was referring to. He explained it was a zoning code that referred to setbacks. She explained that it could take up to 5 years to have a Code changed. Mr. Vlamynck stated that the 8 Meeting Minutes Code Compliance Board Meeting Bovnton Beach, Florida November 17, 2004 Zoning Department had informed him that it would take approximately 1 year to resolve. Officer Cain clarified that the issue with the shed was that it encroached on a property line. Pictures were distributed for review. Mr. Vlamynck distributed drawings of the shed as well, stating that the picture does not provide a full view of the shed because it is a street-side view. Mr. Foot stated that there was a similar case presented to the Board that involved a roof over a screen enclosure being outside the setback. The property owner was allowed until April 2005 to bring the property into compliance. This, he thought, would allow the Zoning Department enough time to resolve the issue. Ms. Cook stated that was the original assessment but was changed to 60 days because a zoning change would require more time to resolve than April 2005. Ms. Cook clarified that the violation is that the shed was never permitted. The change in zoning code is something aside from the original permit violation. Mr. Vlamynck stated he was originally denied a permit because the shed stood over 7 feet tall and contained over 100 square feet in floor space. The shed currently stands 8 feet, 2 inches with over 160 square feet of floor space. Scott Blasie, Code Compliance Administrator, clarified that the Code allows a shed 100 square feet or less and a minimum roof height of 7 feet within 3 feet of a property line. Because this shed exceeded those limits, it would have to meet building setbacks as if it were a separate dwelling unit. Typically, rear yard setbacks are 25 feet and side setbacks are 7V2 feet or more. The current zoning Code was written in 1975 and the requirement could have been a part of that. The rewriting of the Code would take a lengthy amount of time. He suggested replacing the shed with one that meets code. Mr. Vlamynck stated he purchased the property in 1993 with the shed already installed. The previous owner built a fence and the shed at the same time and she informed him that permits were already obtained, although the building department has no record of that transaction. He asked for an extension until the Code would be rewritten or to permit a shed that is within Code. If either of those situations were not possible, he would request enough time to secure a variance. 9 Meeting Minutes Code Compliance Board Meeting Bovnton Beach, Florida November 17, 2004 Mr. Tolces clarified that if a compliance date is set, the Board may either amend the original order to provide for a new compliance date or agree not to certify any fine that may have accumulated. Motion Based on the testimony and evidence presented in Case No. 03-2876, Ms. Cook moved that this Board find that Charles C. Vlamynck is in violation of the Florida Building Code 2001 Edition Chapter 104.1.1, and moved to order that the Respondent correct the violation on or before January 16, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount $25.00 per day plus administrative costs shall be imposed for each day the violation continues past January 16, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. The motion was dually seconded and passed unanimously. Case #04-1699 Property Address: Violation(s): Bradley Stocker 148 SW 14th Avenue FBC '01 105.6 and 104.6 BBA Did not pass inspection. Electric and plumbing permits were not issued. 104.6 BBA to FBC conditions of permit. Permit shall become invalid if work is suspended or abandoned for 6 months. Apply for new permits and pass inspections. Code Officer Cain reported that this property is a single-family property. He is unsure if the property is homesteaded. The initial inspection was July 26, 2004. Written notice was issued giving 10 days to comply and posted at the property. Mike Schnitzler, 109 Bimini Road, Cocoa Beach, FL 32931, stated he is the current property owner by having purchased the property approximately 1'12 months ago. He provided a copy of the recorded deed to Mr. Tolces for review. Mr. Tolces verified the copy was a true copy, reflecting the sale of 148 SW 14th Avenue from Bradley Stocker to Michael H. Schnitzler on October 9, 2004. 10 Meeting Minutes Code Compliance Board Meeting Bovnton Beach, Florida November 17, 2004 Mr. Tolces suggested tabling the case to allow Staff enough time to recite the current property owner. Motion Mr. Foot moved that Case No. 04-1699 be tabled until the Code Compliance Board meeting to be held on December 15, 2004. Ms. Carroll seconded the motion that passed unanimously. Case No. 04-2249 Cleruste Wilfranc & Barthelemy Pierre 121 SE 31st Avenue FBC '01 ED 105.6 and 104.1.1 BBA Obtain proper building, electrical & mechanical permits for the wood enclosure of the back porch area. Property Address: Violation(s): Sr. Code Compliance Officer Lewis stated the origin of this case was a citizen's complaint. The initial inspection date was September 30, 2004. This is a repeat offender for the permit violation. Wilfranc Clerjuste, 121 SE 31st Avenue, pled not guilty. He stated he had a permit for the old fence but did not understand why he was cited for the patio. He stated he thought everything was OK with the patio after he originally met with Staff but, after their inspection, was informed that his patio was not in compliance. The patio suffered screen damage from the hurricanes and he then tried to completely enclose the patio himself. Upon inspection, he was informed that he had to take all of the wood down. He did that and then was informed he had to make the entire structure complete with code. At the time he came to get a permit, he was informed that he needed a survey. He returned with the survey and was then informed he needed an architect. He was in the process of locating an architect at he time of the meeting. Code Officer Lewis clarified that when he and Code Officer Pierre inspected the property for the fence case, they noted that the porch was being enclosed. Code Officer Pierre tried to explain to Mr. Clerjuste, at that time, that he needed permits, architect drawings, etc. Mr. Clerjuste complied with the fence case and was informed at that time that a new case would be opened for the porch enclosure violations. 11 Meeting Minutes Code Compliance Board Meeting Bovnton Beach, Florida November 17. 2004 Code Officer Lewis distributed pictures for the Board to review and stated he thought that Mr. Clerjuste understood that he needed permits and drawings. The pictures were taken the day the violations were discovered. The enclosure was still standing and requires permits and inspections. The neighbor behind Mr. Clerjuste complained about the fence and the enclosure, and she is still concerned about the lack of permits, hurricane hazards, etc. Ms. Carroll asked for clarification about whether Mr. Clerjuste called two architects. Ms. Cook advised Mr. Clerjuste that she understood how costly it is to do the work by oneself, specifically to hire architects. Unfortunately, the Code requires permitting for any structures that are being changed so that the City can ensure that the work is completed properly and things don't blow away during hurricanes. What the Code Compliance Department was trying to explain is that he must cease the work he was doing until the permits are obtained. She advised him that he may be better off taking the structure down so that he would not be assessed a fine, which would be the next step in the process. She asked Mr. Clerjuste if he understood. Mr. Clerjuste said he understood what Ms. Cook said. He stated he was told to remove the structure and he did, then he was told he needed an architect. He is still trying to get an architect to get plans. He hasn't touched anything else on the house and will take down the remainder of the structure. Code Officer Pierre translated in Haitian what Ms. Cook had said so that Mr. Clerjuste could completely understand the situation. He informed him that he needed an architect for the new window he is putting in and stated that even if he were to remove all of the plywood, architect plans were still required to be submitted to the City for the frame. Once that is done, he would be issued the permit. If he couldn't do that, he would need to remove the entire structure. Motion Based on the testimony and evidence presented in Case No. 04-2249, Ms. Cook moved that this Board find that Wilfranc Clerjuste and Barthelemy Pierre are in violation of Florida Building Code 2001 Edition, Section 105.6 and 104.1.1 of the Boynton Beach Amendments, and moved to order that the Respondents correct the violation on or before January 16, 2005. 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 January 16, 12 Meeting Minutes Code Compliance Board Meeting Bovnton Beach, Florida November 17, 2004 2005. 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 No. 04-2247 Property Address: Violation( s): Bakers Dozen, Inc. 1461 W. Boynton Beach Blvd. BBA FBC '01 ED 103.5 INCL Red Tag from the Building Department. Permits, inspections, and unsafe structure. Sr. Code & Rehab Officer Roy stated this is a commercial dwelling. The property owners were given 4 days to comply and have yet to do so. They need to obtain permits from the Building Department that they have already applied for. Staff recommends 60 days for them to bring the property into compliance. Mike Simonis, 116 Island View Drive, Indian Harbor Beach, FL, a representative of Bakers Dozen, Inc. pled not guilty. He said this is not a matter of being guilty or not guilty, it is a matter of repairing hurricane damage. He stated the work is being completed. Motion Based on the testimony and evidence presented in Case No. 04-2247, Mr. Foot moved that this Board find that Bakers Dozen, Inc. are in violation of Florida Building Code 2001 Edition, Section 103.5 Inclusive of the Boynton Beach Amendments, and moved to order that the Respondents correct the violation on or before January 16, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violations by the Respondent, 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 January 16, 2005. 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. Case No. 04-1334 Property Address: Richard B. Jackson 1651 N. Seacrest Blvd. 13 Meeting Minutes Code Compliance Board Meeting Bovnton Beach, FIQrida November 17, 2004 Violation( s): CH15-ART. IX-15-120(D)1.E; 15-16 BBC of ORD. Sod west side of the driveway. Place 4-inch house numbers on the building. Code Compliance Officer Webb stated that this was a single-family, homesteaded dwelling. Original inspection was completed on June 17, 2004. The initial notice was written and the owner was given 30 days to comply. Certified mail was sent October 20, 2004 and the signed green card was returned October 25, 2004. Mr. Tolces administered oath to the persons providing testimony who arrived after the previous oath was administered. Richard Jackson, 1651 N. Seacrest Boulevard, pled not guilty. Code Officer Webb stated Mr. Jackson was originally cited to sod the west side of the driveway and to place numbers on the building. When he first came to the hearing, Staff decided to try to allow him time to obtain assistance. Mr. Webb stated Mr. Jackson had an assistance letter in his possession. Kimberly Jackson, spouse and property owner, stated that they applied to the CDC Boynton Beach for assistance in obtaining sod for the parking lot area and had received confirmation that the CDC would obtain and install the sod as required. The CDC is requesting a time extension to put the sod in place. The CDC did not provide the specific length of time requested for the extension. Mr. Jackson was unclear why the violation occurred. He stated he and Ms. Jackson had lived at the property for approximately 11 years and there were wood chips placed in a parking area outlined by planks when he purchased the property. He had been informed that no grass was allowed in the square making the parking area and then placed weed killer on the area. The wood chips were refreshed periodically throughout the years to maintain a pleasant appearance. Recently, he received notice stating grass must be planted. Code Compliance Administrator Blasie clarified that the regulation had existed since the mid 1990's but he could not explain why Mr. Jackson had not been cited until now. The Code required that driveways and parking areas be concreted. 14 Meeting Minutes Code Compliance Board Meeting Bovnton Beach, Florida November 17, 2004 It was suggested to Mr. Jackson that he obtain the proper permits to pave the parking area if he determined that it would still be necessary for cars to be parked in the area. Motion Based on the testimony and evidence presented in Case No. 04-1334, Mr. Foot moved that this Board find that Richard B. Jackson is in violation of Chapter 15, Article IX-15-120(D)1.E and Section 15-16 of the Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violation on or before February 15, 2005. 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 February 15, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that passed unanimously. Certification of Fine Case No. 03-2078 Renan & Iva C. Laurore 504 NW 12th Ave. Code Compliance Officer Pierre stated Renan Lourore appeared at the Code Compliance Board meeting on February 18, 2004 and a compliance date was issued for May 18, 2004 or $25.00 per day. The number of days in non- compliance is 182. Officer Pierre stated that Mr. Laurore informed him that he hired a contractor to remodel the property and the work is still in process. Renan Laurore, 12411 Summer Springs Drive, stated that the roof suffered damage due to the hurricanes and must now be replaced. Until that is completed, the remodeling cannot continue. He had expected to appear before the Board at this meeting to state the work had been completed but didn't expect to sustain the damage from the hurricane. As of now, there are no tenants in the building. They were asked to relocate due to the hurricane damage. He asked for additional time to make the necessary repairs and complete the remodeling. When he purchased the building, there were questions regarding the type of commercial zoning and he had waited for the Zoning Department for several months to decide how many units the building could be divided into. Their 15 Meeting Minutes Code Compliance Board Meeting Bovnton Beach, Florida November 17, 2004 discussions concluded in August 2004 just prior to the hurricanes. He asked for a 3-4 month time extension. Vice Chair Costantino reminded the Board this case is a fine certification. Mr. Laurore stated he has been working with a contractor to create design plans but had to wait until the Zoning Department clarified what the parameters were for the building construction. Mr. Foot reminded Mr. Laurore that he has been assessed with a fine of $25.00 per day that began after May 18, 2004 because the property was not in compliance. It was possible that he would be paying over $5,000 in administrative fees alone and it was to his advantage to bring the property into compliance as soon as possible. Motion Mr. Foot moved that Case No. 03-2078 be tabled until the Code Compliance Board meeting to be held on February 16, 2005. Ms. Carroll seconded the motion that passed unanimously. Mr. Tolces explained to Mr. Laurore that his case had been tabled until February 16, 2005 and, at that time, the case will be reviewed by the Board again to decide if a fine would be certified for the full amount owed. He was reminded to keep in touch with Mr. Pierre as to his progress. Case No. 04-491 Joseph L. Nowell, Est. 304 NW 11th Ave. Code Officer Pierre stated Robert Nowell appeared at the Code Compliance Board meeting on June 16, 2004 and a compliance date was issued for August 15, 2004 or $25.00 per day. This case complied on October 15, 2004, bringing the number of days in non-compliance to 60. Robert Nowell, 304 NW 11th Avenue, stated he had understood that he was in compliance at the June 16, 2004 Board meeting. Officer Pierre stated Staff recommended no fine and no administrative costs. Motion Based on the testimony and evidence presented in Case No. 04-491, Mr. Foot moved that this Board find that the Respondent has complied with this Board's Order dated June 16, 2004, and having considered the gravity of the violations, 16 Meeting Minutes Code Compliance Board Meeting Bovnton Beach, Florida November 17, 2004 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 $0.00 with no administrative costs. Ms. Carroll seconded the motion that passed unanimously. Case No. 04-1847 Wahoo, LLC 611 Dimick Road Code Officer Webb stated that the case was originally noticed on August 9, 2004 for Florida Building Code 2001 Edition 104.1.1 and 104.7.5 of the Boynton Beach Amendments. No one appeared at the Code Compliance Board meeting held on October 20, 2004 and a compliance date was issued for October 30, 2004 or $50.00 per day. The violations still existed. Anthony J. Mauro, 2611 Lake Drive North, a representative for Wahoo, LLC stated he requested a permit for interior demolition from the City prior to the Board meeting. He stated he had received a letter from the City at his home but before he had a chance to read it, the hurricanes hit and he had to box up his office and ship it out of his home. He recently had a death in the family and was out of State for a period of time and was unaware there was a hearing scheduled during October. He explained if he had known a hearing was scheduled, he would have attended. Administrator Blasie explained that he had met with Don Johnson, Building Department, at the property on Monday, November 15, 2004. This case originated by a Red Tag from the Building Department that was issued primarily from evidence that was placed by the road in terms of debris - sinks, duct work, etc. It was Mr. Mauro's contention that he didn't do all the things that he was Red Tagged for. Upon inspection of the property, it was determined that some of the things had been done, but not everything and he should not have been Red Tagged for those things. Because the windows had been boarded up when the original piles of debris were found, it was difficult to justify how the Red Tag was completed in its entirety. The roof had been redone without permit and Mr. Mauro agreed that he needed to obtain a re-roof permit. It was also agreed that if Mr. Mauro applied for a demolition permit before the Board meeting, the Board would most likely table the fine certification. Mr. Mauro explained that he had obtained professional contractors to complete the work on the interior of the property but they performed more work than they were supposed to. The buildings were filled with junk and suffered some roof damage due to the hurricanes. Mr. Mauro cleared the building of junk and put a new roof on it just to clean up the premises. 17 Meeting Minutes Code Compliance Board Meeting Bovnton Beach, Florida November 17, 2004 Mr. Blasie recommended this case be tabled until the meeting to be held in December, 2004. This would allow enough time for the demolition permit to be finalized and a re-roof permit obtained. The property would be boarded up until it is in compliance. Motion Mr. Foot moved that Case No. 04-1847 be tabled until the Code Compliance Board meeting to be held on December 15, 2004. Ms. Cook seconded the motion that passed unanimously. Lien Reductions Case No. 98-3280 Nathaniel Alexander 229 NE 11th Ave. Code Administrator Blasie stated that the case originated on September 9, 1998 for violation of Chapter 15, Article IX-15-120(D) Inclusive and Section 10-52 of the Boynton Beach Code of Ordinances. The violation resulted from the appearance of the rental property. The property owner needed to de-weed the driveway and yard, resod where there were dead or bare spots, and remove the inoperable vehicles. Mr. Alexander appeared before the Code Compliance Board on November 18, 1998 and the Board issued a compliance date for December 14, 1998 or $25.00 per day. Staff's records indicate the property came into compliance on September 17, 2004 bringing the total number of days in non-compliance to 2,103, resulting in a fine of $52,575.00, plus $922.21 in administrative costs. Mr. Blasie presented four photos of the property, first to the applicant, then to the Board. The dates of the photos were: November 17, 1998; January 12, 1999; October 28, 2004 (2 photos). Mr. Blasie explained that the property owner was scheduled to attend the Code Compliance Board meeting held in October and he took pictures of the property prior to that meeting. Neeck Simeus, 229 NE 11th Avenue, stated he purchased the property in November 2003, from Mr. Nathaniel Alexander's spouse and daughter subsequent to Mr. Alexander's death. They explained to Mr. Simeus that they did not understand that fees had been accruing on the property. Mr. Simeus found out about the fine when he purchased the property and then met with Mr. Blasie to discuss it. He explained to Mr. Blasie that his intent was to purchase the property, fix it up, and live in it along with his mother. 18 Meeting Minutes Code Compliance Board Meeting Bovnton Beach, Florida November 17, 2004 Mr. Simeus explained that he has completed the improvements to the property but he had to pull permits in order to install shutters when he changed the windows. He distributed additional pictures of the vast improvements to the Board for their review. He commented he had spent over $60,000 on the improvements. Mr. Simeus clarified he was not at the last Lien Reduction meeting because he became ill. He missed the meeting prior to that because he was unaware the meeting time had been rescheduled. Motion Based on the testimony and evidence presented in Case No. 98-3280, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Ms. Cook moved that this Board reduce the fines instituted in Case No. 98-3280, by virtue of this Board's Order of November 18, 1998, to an amount of $922.21, which includes administrative costs. Ms. Carroll seconded the motion that passed 4-1 (Mr. Foot dissenting). Case No. 96-3663 Jerry & Elaine K. Hyman/Plaza 411 SE 23'd Ave. Mr. Blasie reported that this property is now owned by someone other than the Jerry & Elaine Hyman. The fine originated with Mr. & Mrs. Hyman and is part of two other cases - Case No. 02-3189 and Case No. 02-3232. This case had the smallest amount of fine and administrative costs associated with it and he suggested that the Board reduce the fine for this case to zero and hear the other two cases instead. Motion Based on the testimony and evidence presented in Case No. 96-3663, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 and 2-89 of the Boynton Beach Code of Ordinances, Ms. Cook moved that the Board reduce the fines instituted in Case No. 96-3663, by virtue of this Board's Order of September 18, 1996, to an amount of $0.00 which includes administrative costs. Ms. Carroll seconded the motion that passed 4-1 (Mr. Foot dissenting). 19 Meeting Minutes Code Compliance Board Meeting Bovnton Beach. Florida November 17, 2004 Case No. 02-3189 Micki O'Callaghan/Plaza 413 SE 23rd Ave. Mr. Blasie reported that this case involves two apartment buildings located on one property. As such, the address had sometimes been listed as 411 SE 23rd Avenue. This case was originally cited December 16, 2002 for Part 3 of the Land Development Regulations, Chapter 20, Article VIII, Sections 2.A, 2.G, and 2.H. The property was cited because the apartment buildings were in disrepair - roofs needed replacing, there was water damage, rotten cabinets, windows and screens needed to be repaired, etc. Essentially, this case involved violations of most of the minimum housing codes. This case was presented at the Code Compliance Board meeting held on February 19, 2004 and no one appeared. A compliance date was issued for March 21, 2003 or $25.00 per day. Staff's records indicate the property came into compliance on November 4, 2004, bringing the number of days in non- compliance to 593. This resulted in costs of $14,825.00 for fines and $634.12 for administrative costs. Mr. Blasie presented two photos, first to the property owner and then to the Board, that were taken November 17, 2004 that reflect a street view. Most of the violations were interior. He also distributed digital photos that have been a part of the file and were taken at the time of the initial inspections. He noted that the digital photos do not have dates burned on them and believes that they would have been e-mailed to him from the Building Department. That e-mail would have the effective date on it. Elaine Pilar Plaza, 2802 SW 4th Street, and her representative, Salisar Szweda. Ms. Szweda stated she represented Ms. Plaza when she purchased the property from Ms. O'Callaghan. Ms. Szwed a presented additional photos taken by Ms. Plaza, reflecting the remodeling Ms. Plaza completed on the buildings. The closing took place in early July 2004; however, because it was an escrow closing that didn't fund until the end of the month. Ms. Plaza was then allowed to take possession of the property the first week of August 2004. At that time, Ms. Plaza began diligently repairing the two buildings to make them habitable. She has spent approximately $22,000 for repairs to the property. Some of the repairs were included in the closing. The previous owner, Ms. O'Callaghan, replaced the roofs but the interior repairs were Ms. Plaza's responsibility. Ms. Plaza encountered some difficulties in gaining access to one of the units and she was forced to go through eviction proceedings in order to remove the 20 Meeting Minutes Code Compliance Board Meeting Bovnton Beach, Florida November 17, 2004 tenant. Shortly thereafter, the hurricanes came and delayed some of the work as well. She has now completed everything and just recently passed the inspection. Ms. Plaza distributed a copy of the occupational license for the Board to review. Mr. Blasie clarified that Ms. O'Callaghan purchased the property from Jerry Hyman who had a history of being a Code violator. He did not have the details regarding the sale and is uncertain whether the violations were in effect when Ms. O'Callaghan took possession of the property. However, Ms. O'Callaghan was aware of the amount and severity of the fines prior to selling the property to Ms. Plaza. He said there was a signed contract to repair the roof placed in the file that was dated January 9, 2003 initiated by Ms. O'Callaghan. Ms. Szweda stated that during the process of purchasing the property, the City informed Ms. Plaza that if repairs were made that brought the property into compliance, there would be a possibility the Board would reduce the liens. Ms. Plaza's goal had been to improve the property's esthetic value in order to upgrade the caliber of tenant it attracts. Ms. Szwed a stated Ms. Plaza would not allow the property to fall into the condition that it was when she purchased the property . When the lien had been filed, approximately one year prior to Ms. Plaza purchasing this property, fines were already assessed in the amount of $5,932.00. Ms. Plaza was aware of these fines when she purchased the property. Motion Based on the testimony and evidence presented in Case No. 02-3189 and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Ms. Simshauser moved that this Board reduce the fines instituted in Case No. 02-3189, by virtue of this Board's Order of February 19, 2003, to an amount of $5,000, plus administrative costs of $634.12. Ms. Cook seconded the motion that passed unanimously. Case No. 02-3232 Micki O'Callaghan/Plaza 411 SE 23rd Ave. This case was originally cited December 19, 2002 for not having an occupational license to rent the property. The case was presented at the Code Compliance Board meeting held on March 19, 2003 and no one appeared. A compliance date 21 Meeting Minutes Code Compliance Board Meeting Bovnton Beach, Florida November 17, 2004 was issued for March 29, 2003 or $50.00 per day. This case required an occupational license that could not be obtained until the inspection was completed on Case No 02-3189. As discussed during the previous case, Case No. 02-3189 complied on November 4, 2004 and the occupational license was obtained concurrently. This brought the number of days in non-compliance to 585 days, resulting in costs of $29,250.00 in fines and $730.15 for administrative costs. Mr. Blasie agreed with Mr. Foot's point that people in the neighborhood had to live with the problems before someone else came by and purchased the property, and it did not excuse the fines that are due the City. Mr. Blasie stated that the Board's generosity, however, encourages people to fix property that might otherwise sit in violation for a long period of time or even go into foreclosure or bankruptcy. Investors survey all the communities and tend to seek communities that work with them and not do business in those communities that do not. Investors do make money on the properties they purchase but are in that business to make a living the same as the remainder of the population. Mr. Blasie said he would rather see someone purchase a property and fix it up than to have his department deal with the violations for whatever time it takes to resolve the situation. Vice Chair Costantino stated that she felt that the lack of an occupational license had the opportunity to hurt the tenants. Without having access to those rental properties, the City doesn't know what is going on inside with the conditions and without having those inspections to obtain the license, the City may be putting tenants in jeopardy. Mr. Blasie clarified that the occupational license issue should have been cited to the case that had been heard previously - Case No. 02-3189. Normally when a rental property is cited, Staff checks to make sure the occupational license is current and it then becomes part of that case. In this case, it was cited as a separate case. Ms. Plaza paid $42.00 for the occupational license. The cost was not calculated retro to when the lien was placed against this case. Mr. Blasie clarified that the rate for occupational licenses was based on the number of rooms and that there 22 Meeting Minutes Code Compliance Board Meeting Bovnton Beach, Florida November 17. 2004 is not a fixed rate to calculate from. The inspections completed for this case were not as rigorous as they were for the case previously heard. Motion Based on the testimony and evidence presented in Case No. 02-3232, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board reduce the fines instituted in Case No. 02-3232, by virtue of this Board's Order of March 19, 2003, to an amount of $730.15 which are the administrative costs. Ms. Cook seconded the motion that passed unanimously. Case No. 98-3630 David W. Nicholls 2491 N. Seacrest Blvd. Mr. Blasie reported that Attorney Jeff Tomburg was in attendance because Mr. Nicholls was deceased. The case was originally cited on October 14, 1998 for failure to have an occupational license. The property was a single-family home on N. Seacrest. The case was presented at the Code Compliance Board meeting held on January 20, 1999 and no one appeared. A compliance date was issued for February 15, 1999 or $25.00 per day. The property came into compliance July 1, 2003 and this brought the number of days of non-compliance to 1,596. This resulted in fines of $39,900.00 and $826.18 for administrative costs. Mr. Blasie stated that the file contained pictures but he felt they were irrelevant because the case involved just an occupational license. There had been two owners of this particular property and potentially a third.. Jeff Tomberg, attorney for the estate of David Nicholls, stated that Mr. Nicholls died on August 8, 2001. Prior to that, Mr. Nicholls had been sick for at least 3 years with a number of maladies and illnesses. He owned 2 other properties in Boynton Beach: his residence at 3031 Orange, and 2671 N. Seacrest Boulevard. The difficulty in this particular case and the reason it took so long was that Mr. Tomberg had a difficult time locating heirs. Once the heirs were located, he had to resolve the issue of who was what level of heir in the probate proceedings. He then had to litigate the issue as to who was actually the owner of the property - Mr. Nicholls or a tenant. 23 Meeting Minutes Code Compliance Board Meeting Bovnton Beach, Florida November 17 , 2004 Code Officer Guillame was the Officer handling this case at the time the tenant claimed to be the owner of the property. The deed was in Mr. Nicholls' name but the tenant claimed that by virtue of a verbal agreement, Mr. Nicholls had transferred the property over to him. The tenant claimed that he provided transportation services to Mr. Nicholls for a period of time in exchange for property ownership. There was nothing in writing and the issue wasn't resolved until July 2003. Mr. Michael King purchased the property and when he did so, it took him more than thirteen 10-yard dumpsters to remove all the trash and debris both inside the house and on the grounds. Mr. Tomberg was unsure why the property was not cited for all of the trash outside the house. Mr. King spent between $24,000-$30,000 bringing the property into compliance. He installed new windows and doors for which he received permits. He installed a new electrical system and was under the impression that the permit he obtained for that included the air conditioning system that was also replaced. Mr. King gained a permit for the air conditioning system upon learning that it was not covered in the permit for the electrical system. This item would be heard during the next case presented to the Board (Case No. 03-2926) and has been resolved. Mr. Tomberg requested that the fine be removed. Mr. Nicholls had a long history with the Board but most of it was related to his illnesses and his inability to care for the properties he owned. Although Mr. Tomberg understands Mr. Foot's opinion with regard to previous liens being paid by the purchaser and that there are some administrative costs involved, he believes that occupational licenses are not a big issue. Mr. Tomberg is aware that this property was involved with a significant amount of litigation for a probate matter that involved a number of heirs and resolving heir issues and became a complicated issue of whether the property had been transferred and whether the tenant really was the owner. He has spent a great deal of time litigating these issues. His client has made extensive repairs to the property far and above what was cited, making this a modern home all because this was an occupational license. Mr. King is marketing the property but the neighborhood does not appraise the property to what he has put into it and made the house to be. Mr. King is asking the Board to waive everything, except perhaps the administrative costs associated with checking on the administrative license. 24 Meeting Minutes Code Compliance Board Meeting Bovnton Beach, Florida November 17, 2004 Mr. Blasie questioned whether the tenant paid rent after Mr. Nicholls died. If rent was not paid, then the license issue may have complied earlier than originally thought. Mr. Tomberg clarified they the tenant did not pay rent initially until the issue was resolved with the heirs. Once that was resolved, the tenant paid rent for approximately 6 months when he stated he was the owner via a verbal transfer of title. When the tenant made that claim, it was litigated and he was eventually evicted. Mr. Tomberg was not aware of the Code enforcement issues until he became involved in the ownership issues. Mr. Guillaume approached Mr. Tomberg in late 2002jearly 2003 questioning whether he represented Mr. Bowden and was he aware there were code enforcement issues with the property. Mr. Bowden, the funeral home director who interred Mr. Nicolls, became the temporary owner of the property when heirs could not be readily located. Motion Based on the testimony and evidence presented in Case No. 98-3630, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board reduce the fines instituted in Case No. 98-3630, by virtue of this Board's Order of January 20, 1999, to an amount of $826.18 which are the administrative costs. Ms. Carroll seconded the motion that passed unanimously. Case No. 03-2926 Michael King 2491 N. Seacrest Blvd. Mr. Blasie reported that this case was previously referred to during the presentation of Case No. 98-3630 and involved not having the proper permit when the air conditioner was installed. The case was originally cited October 23, 2003 and presented at the Code Compliance Board meeting held on December 17, 2003 where no one appeared. A compliance date was issued for January 16, 2004 or $25.00 per day. The property complied on July 23, 2004, bringing the number of days in non-compliance to 188. This resulted in fines of $4,700.00 and $826.18 for administrative costs. Jeff Tomberg, attorney for Mr. Michael King, stated he had nothing further to add to the discussion of this case since it was previously discussed during Case No. 98-3630. Motion 25 Meeting Minutes Code Compliance Board Meeting Bovnton Beach. Florida November 17, 2004 Based on the testimony and evidence presented in Case No. 03-2926, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, ~1r. Foot Ms. Carroll moved that this Board reduce the fines instituted in Case No. 03-2926, by virtue of this Board's Order of December 17, 2003, to an amount of $826.18 which are the administrative costs. The motion was dulv seconded and oassed unanimouslyJ1r. Foot seconded the motion that p<Jssed un<Jnimousl'{. (Mr. Foot left the meeting at 9:49 p.m.) Certification of Lien (Cont'd) Case No. 04-1102 Gerald NT Fasolo 1503 NE 4th Court Code Officer Webb stated that this case was originally cited on May 14, 2004 for Chapter 15, Article IX-14-120(D)1 Inclusive and Chapter 20, Section 8 E-16 of the City of Boynton Beach Code of Ordinances. The violations included sodding bare areas in the yard and swale, removing debris, and placing 4-inch house numbers on the building. The case was presented at the Code Compliance Board meeting held on August 18, 2004 where no one appeared. A compliance date was issued for September 17, 2004 or $25.00 per day. The property is still in non-compliance for a total of 60 days. Mr. Tolces administered the oath to Mr. Fasolo. Gerald NT Fasolo, 1503 NE 4th Court, stated he brought the property into compliance on November 17, 2004, prior to the Board meeting. He sustained hurricane damage that added to the debris already located on the property and had to rent a chainsaw to remove it. He would have complied sooner; however, he could not take time off from his new job. (Mr. Foot returned to the meeting at 9:51 p.m.) Motion Ms. Carroll moved that Case No. 04-1102 be tabled until the Code Compliance Board meeting to be held on December 15, 2004. Ms. Simshauser seconded the motion that passed unanimously. (Mr Foot left the meeting at 10:00 p.m.) 26 Meeting Minutes Code Compliance Board Meeting Bovnton Beach, Florida November 17, 2004 Case No. 04-1917 Property Address: Violation( s): Stewart S. & Sheila R. Aldrich 409 SW 5th Avenue CH1S-ART. IX-1S-120(D) INC; 10-2 BBC of ORD. Mow overgrown yard and lot. Trim all trees and hedges, remove trash and debris. Install driveway or define it. Raise canopy up off ground at least 10 feet on all trees. Code Officer Cain stated that the City recommended a compliance date of November 17, 2004. Motion Based on the testimony and evidence presented in Case No. 04-1917, Ms. Cook moved that this Board find that Stewart S. & Sheila R. Aldrich are in violation of the Chapter 15, Article IX-15-120(D) Inclusive and Section 10-2 of the Boynton Beach Code of Ordinances, and moved to order that the Respondents correct the violations on or before December 17, 2004. The Board has considered the gravity of the violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed for each day the violation continues past December 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 No. 04-2037 Property Address: Violation(s): Daniel C. Clark 318 SW 7th Avenue CH1S-ART. IX-1S-120(D) INC; 10-2 BBC of ORD. Mow and de-weed yard where it is overgrown. Install sod in yard wherever dead or bare spots occur. Code Officer Cain stated that the City recommended a compliance date of December 17, 2004. 27 Meeting Minutes Code Compliance Board Meeting Bovnton Beach, Florida November 17, 2004 Motion Based on the testimony and evidence presented in Case No. 04-2037, Ms. Cook moved that this Board find that Daniel C. Clark is in violation of the Chapter 15, Article IX-15-120(D) Inclusive and Section 10-2 of the Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violations on or before December 17, 2004. The Board has considered the gravity of the violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed for each day the violation continues past December 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. Case No. 04-2296 Property Address: Violation(s): Carmelo & Leonore Vasile 1012 SE 3'd Street FBC '01 ED BBA 104.1.1 and 104.7.5 Framed storage addition on north side required permits and inspections. See copy of Red Tag from Building Division. Code Officer Cain stated that the City recommended a compliance date of December 2, 2004. Motion Based on the testimony and evidence presented in Case No. 04-2296, Ms. Carroll moved that this Board find that Carmelo & Leonore Vasile are in violation of the Florida Building Code 2001 Edition, Sections 104.1.1 and 104.7.5 of the Boynton Beach Amendments, and moved to order that the Respondents correct the violations on or before December 2, 2004. The Board has considered the gravity of the violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed for each day the violation continues past December 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. Simshauser seconded the motion that passed unanimously. 28 Meeting Minutes Code Compliance Board Meeting Bovnton Beach, Florida November 17, 2004 Case No. 04-3221 Property Address: Violation( s): Raymond Cedieu 135 Flamingo Drive FBC '01 ED BBA 104.1.1 and 105.6 Permit and inspections required to install sprinkler system. Code Officer Guilaume stated that the City recommended a compliance date of December 17, 2004. Motion Based on the testimony and evidence presented in Case No. 04-3221, Ms. Cook moved that this Board find that Raymond Cedieu is in violation of the Florida Building Code 2001 Edition, Sections 105.6 and 104.1.1 of the Boynton Beach Amendments, and moved to order that the Respondent correct the violations on or before December 17, 2004. The Board has considered the gravity of the violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed for each day the violation continues past December 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. Case No. 04-1991 Property Address: Violation( s): Jan & Renold Dubique 3140 E. Atlantic Drive FBC '01 ED BBA 104.1.1 and 105.6 Permit and inspections required for windows and driveway extension. Code Officer Guilaume stated that the City recommended a compliance date of December 17, 2004. Motion Based on the testimony and evidence presented in Case No. 04-1991, Ms. Carroll moved that this Board find that Jan & Renold Dubique are in violation of the Florida Building Code 2001 Edition, Sections 105.6 and 104.1.1 of the Boynton Beach Amendments, and moved to order that the Respondents correct the 29 Meeting Minutes Code Compliance Board Meeting Bovnton Beach. Florida November 17, 2004 violations on or before December 17, 2004. The Board has considered the gravity of the violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed for each day the violation continues past December 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. Simshauser seconded the motion that passed unanimously. Case No. 04-2092 Property Address: Violation(s): Doretha Thomas 3244 Ocean Parkway CH1S-ART.IX-1S-120(D)1 INC. Storage of unlicensed and inoperable vehicle is not allowed on residential property. Install sod in the dead area of yard. House number also required. Code Officer Guilaume stated that the City recommended a compliance date of December 17, 2004. Motion Based on the testimony and evidence presented in Case No. 04-2092, Ms. Simshauser moved that this Board find that Doretha Thomas is in violation of the City of Boynton Beach Code Chapter 15, Article IX-15-120(D)1 Inclusive, and moved to order that the Respondent correct the violations on or before December 17, 2004. The Board has considered the gravity of the violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed for each day the violation continues past December 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. Case No. 04-1289 Property Address: Frederick L. Maragh 204 NE 12th Avenue 30 Meeting Minutes Code Compliance Board Meeting Bovnton Beach, Florida November 17, 2004 Violation( s): CH lS-ART .IX-1S-120(D)1 INC., 13-16 BBC of ORD, FBC '01 ED BBA 104.1.1 AND 105.6 Occupational license is required to rent your house. A permit and inspections are required to install a fence. Put sod in all places where grass is missing. Code Officer Laverdure stated that the City recommended a compliance date of December 17, 2004. Motion Based on the testimony and evidence presented in Case No. 04-1289, Ms. Carroll moved that this Board find that Frederick L. Maragh is in violation of the City of Boynton Beach Code Chapter 15, Article IX-15-120(D)1 Inclusive, Section 13-16 of the Boynton Beach Code of Ordinances, Florida Building Code 2001 Edition, Section 105.6 and 104.1.1 of the Boynton Beach Amendments, and moved to order that the Respondent correct the violations on or before December 17, 2004. The Board has considered the gravity of the violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50.00 per day plus administrative costs shall be imposed for each day the violation continues past December 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. Simshauser seconded the motion that passed unanimously. Case No. 04-1504 Property Address: Violation( s): Michael R. Rogers 111 NE 3'd Avenue CH lS-ART .IX-1S-120(D)1 INC., 10-2 and 10-3 BBC of ORD. Remove all outside storage - canopy, unregistered vehicles, trash and debris. Install sod in front yard, and trim at bushes and trees. This needs to be done in 31 Meeting Minutes Code Compliance Board Meeting Bovnton Beach, Florida November 17, 2004 front, back and on each side of the home. Code Officer Laverdure stated that the City recommended a compliance date of November 27, 2004. Motion Based on the testimony and evidence presented in Case No. 04-1504, Ms. Carroll moved that this Board find that Michael R. Rogers is in violation of the City of Boynton Beach Code Chapter 15, Article IX-15-120(D)1 Inclusive, and Sections 10-2 and 10-3 of the Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violations on or before November 27, 2004. The Board has considered the gravity of the violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50.00 per day plus administrative costs shall be imposed for each day the violation continues past November 27, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that passed unanimously. Case No. 04-1531 Property Address: Violation( s): Jean Baptiste & Vena Meant 417 NE 2nd Street CH lS-ART .IX-1S-120(D) 1 INC. Repair fence. Install grass in all bare areas and dead spots. All rock areas need to be kept weed-free. Code Officer Laverdure stated that the City recommended a compliance date of December 17, 2004. Motion Based on the testimony and evidence presented in Case No. 04-1531, Ms. Carroll moved that this Board find that Jean Baptiste & Vena Meant are in violation of the City of Boynton Beach Code Chapter 15, Article IX-15-120(D)1 Inclusive, and moved to order that the Respondents correct the violations on or before December 17, 2004. The Board has considered the gravity of the violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed for each day the violation continues past December 17, 2004. The 32 Meeting Minutes Code Compliance Board Meeting Bovnton Beach, Florida November 17, 2004 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. The motion was dually seconded and passed unanimously. Case No. 04-2108 Property Address: Violation( s): Rosetta J. Dean 1009 NE 3rd Street CH lS-ART .IX-1S-120(D)1 INC. Register and make operable all unregistered vehicles including boat trailers, truck, car. Remove old lawn mowers and all trash and debris. Code Officer Laverdure stated that the City recommended a compliance date of December 17, 2004. Motion Based on the testimony and evidence presented in Case No. 04-2108, Ms. Simshauser moved that this Board find that Rosetta J. Dean is in violation of the City of Boynton Beach Code Chapter 15, Article IX-15-120(D)1 Inclusive, and moved to order that the Respondents correct the violations on or before December 17, 2004. The Board has considered the gravity of the violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed for each day the violation continues past December 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. Cook seconded the motion that passed unanimously. Case No. 04-2203 Property Address: Violation(s): Jean R & Farah Francois 21 Crossings Circle D 13-16 BBC of ORD Secure an occupational license to rent your home. Code Officer Laverdure stated that the City recommended a compliance date of December 17, 2004. 33 Meeting Minutes Code Compliance Board Meeting Bovnton Beach, Florida November 17, 2004 Motion Based on the testimony and evidence presented in Case No. 04-2203, Ms. Simshauser moved that this Board find that Jean R & Farah Francois are in violation of the Section 13-16 of the Boynton Beach Code of Ordinances, and moved to order that the Respondents correct the violations on or before December 17, 2004. The Board has considered the gravity of the violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100.00 per day plus administrative costs shall be imposed for each day the violation continues past December 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. Case No. 04-2270 Property Address: Violation( s): Elifaite Dieujuste 121 NE 4th Avenue FBC '01 ED 103.5 and 104.1.1 BBA Complaint from FPL of electrical system - unsafe electrical service, call licensed contractor and secure permit for repairs. Code Officer Laverdure stated that the City recommended a compliance date of November 27, 2004. Motion Based on the testimony and evidence presented in Case No. 04-2270, Ms. Simshauser moved that this Board find that Elifaite Dieujuste is in violation of the Florida Building Code 2001 Edition Sections 103.5 and 104.1.1 of the Boynton Beach Amendments, and moved to order that the Respondent correct the violations on or before November 27, 2004. The Board has considered the gravity of the violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100.00 per day plus administrative costs shall be imposed for each day the violation continues past November 27, 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. 34 Meeting Minutes Code Compliance Board Meeting Bovnton Beach, Florida November 17, 2004 Case No. 04-1989 Property Address: Violation( s): Michael C. Kirk 519 SE 21st Avenue CH lS-ART .IX-1S-120(D)1 INC., 10-2 and 13-16 BBC of ORD. Mow, trim and de-weed overgrown yard areas. Rental license is required for rental property. Code Officer Lewis stated that the City recommended a compliance date of December 17, 2004. Motion Based on the testimony and evidence presented in Case No. 04-1989, Ms. Simshauser moved that this Board find that Michael C. Kirk is in violation of the City of Boynton Beach Code Chapter 15, Article IX-15-120(D)1 Inclusive, and Sections 10-2 and 13-16 of the Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violations on or before December 17, 2004. The Board has considered the gravity of the violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $75.00 per day plus administrative costs shall be imposed for each day the violation continues past December 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. Cook seconded the motion that passed unanimously. Case No. 04-2038 Property Address: Violation(s): Arcenio R. Carpio 3823 N. Old Dixie Highway CH lS-ART .IX-1S-120(D)1 INC., 10-2 and 10-3 BBC of ORD Remove all trash, debris, trailers and outdoor stored items. Remove boat from the City right-of-way. Remove any inoperable vehicles. 35 Meeting Minutes Code Compliance Board Meeting Bovnton Beach, Florida November 17, 2004 Code Officer Lewis stated that the City recommended a compliance date of November 27, 2004. Motion Based on the testimony and evidence presented in Case No. 04-2038, Ms. Simshauser moved that this Board find that Arcenio R. Carpio is in violation of the City of Boynton Beach Code Chapter 15, Article IX-1S-120(D)1 Inclusive and Sections 10-2 and 10-3 of the Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violations on or before November 27, 2004. The Board has considered the gravity of the violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100.00 per day plus administrative costs shall be imposed for each day the violation continues past November 27, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that passed unanimously. Case No. 04-2305 Property Address: Violation( s): Dhanel & Marie T. Faustin 171 SE 29th Avenue CH lS-ART .IX-1S-120(D) INC., 15-16 BBC of ORD Remove unregistered inoperable vehicle from the property. Visible 4-inch house numbers are required on the building. Code Officer Laverdure stated that the City recommended a compliance date of November 27,2004. The only remaining violation is street numbers. Motion Based on the testimony and evidence presented in Case No. 04-2305, Ms. Simshauser moved that this Board find that Dhanel & Marie T. Faustin are in violation of the City of Boynton Beach Code Chapter 15, Article IX-1S-120(D) Inclusive, and Section 15-16 of the Boynton Beach Code of Ordinances, and moved to order that the Respondents correct the violations on or before November 27, 2004. The Board has considered the gravity of the violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed for each day the violation continues past November 27, 2004. The Respondents are further ordered to contact the City of Boynton Beach Code 36 Meeting Minutes Code Compliance Board Meeting Bovnton Beach, Florida November 17, 2004 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. Case No. 04-2306 Property Address: Violation(s): Altulkumar S. Patel 520 SE 21st Avenue FBC '01 ED 104.1.1 and 104.6 BBA Secure permits (building, mechanical & electrical) from the Building Department for the new laundry room structure. Code Officer Lewis stated that the City recommended a compliance date of December 17, 2004. Motion Based on the testimony and evidence presented in Case No. 04-2306, Ms. Simshauser moved that this Board find that Altulkumar S. Patel is in violation of the Florida Building Code 2001 Edition Sections 104.1.1 and 104.6 of the Boynton Beach Amendments, and moved to order that the Respondent correct the violations on or before December 17, 2004. The Board has considered the gravity of the violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50.00 per day plus administrative costs shall be imposed for each day the violation continues past December 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. Cook seconded the motion that passed unanimously. Case No. 04-2317 Property Address: Violation( s): Buvard Cherubin 156 SE 26th Avenue CH lS-ART .IX-1S-120(D )1, and 10-3 BBC of ORD Cut and remove hurricane damaged, hazardous Ficus tree from the City right-of- way and property. 37 Meeting Minutes Code Compliance Board Meeting Bovnton Beach, Florida November 17, 2004 Code Officer Lewis stated that the City recommended a compliance date of December 17, 2004. Motion Based on the testimony and evidence presented in Case No. 04-2317, Ms. Simshauser moved that this Board find that Buvard Cherubin is in violation of the City of Boynton Beach Code Chapter 15, Article IX-1S-120(D)1 and Section 10-2 of the Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violations on or before December 17, 2004. The Board has considered the gravity of the violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $150.00 per day plus administrative costs shall be imposed for each day the violation continues past December 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. Cook seconded the motion that passed unanimously. Case No. 04-2326 Property Address: Violation( s): Francis M. Alessandro 2715 SE 27th Way, Unit 32 FBC '01 ED 103.5 Inc., FBC '01 ED 3401.6, and 13-16 BBC of ORD See Red Tag to comply with Building and city code violations. Code Officer Lewis stated that the City recommended a compliance date of January 16, 2005. Motion Based on the testimony and evidence presented in Case No. 04-2326, Ms. Simshauser moved that this Board find that Francis M. Alessandro is in violation of the Florida Building Code 2001 Edition Sections 3401. 6 and 103.5 Inclusive, and Section 13-16 of the Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violations on or before January 16, 2005. The Board has considered the gravity of the violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50.00 per day plus administrative costs shall be imposed for each day the violation continues past January 16, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order 38 Meeting Minutes Code Compliance Board Meeting Bovnton Beach, Florida November 17, 2004 to arrange for reinspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that passed unanimously. Case No. 04-2342 Property Address: Violation( s): Virgo H. Belot 125 SE 31st Avenue CH1S-ART.IX-1S-120(D)1 INC. Remove all TVs, junk, trash, debris and all outdoor stored items. Code Officer Lewis stated that the City recommended a compliance date of November 27, 2004. Motion Based on the testimony and evidence presented in Case No. 04-2342, Ms. Simshauser moved that this Board find that Virgo H. Belot is in violation of the City of Boynton Beach Code Chapter 15, Article IX-15-120(D)1 Inclusive, and moved to order that the Respondent correct the violations on or before November 27, 2004. The Board has considered the gravity of the violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50.00 per day plus administrative costs shall be imposed for each day the violation continues past November 27, 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 No. 04-2369 Property Address: Violation( s): Gertha Chalimeau, et al 2902 S. Sea crest Boulevard CH1S-ART.IX-1S-120(D) INC., and CH1S-ART.IX-1S- 120(B).1 Remove all inoperable vehicles from the property and City right-of-way. Mow and de-weed swale area and re-sod dead areas of the swale. 39 Meeting Minutes Code Compliance Board Meeting Bovnton Beach, Florida November 17, 2004 Code Officer Lewis stated that the City recommended a compliance date of December 17, 2004. Motion Based on the testimony and evidence presented in Case No. 04-2369, Ms. Simshauser moved that this Board find that Gertha Chalimeau, et al is in violation of the City of Boynton Beach Code Chapter 15, Article IX-15-120(D) Inclusive and Article IX-15-120(B).1, and moved to order that the Respondents correct the violations on or before December 17, 2004. The Board has considered the gravity of the violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50.00 per day plus administrative costs shall be imposed for each day the violation continues past December 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 No. 04-2321 Property Address: Violation(s): William Hancock 1401 NW 7TH Street 13-16 BBC of ORD Occupational license is required for renting apartments. Sr. Code Officer Melillo stated that the City recommended a compliance date of November 27, 2004. This case originated as a complaint from the Fire Department and is a multi-family dwelling. Motion Based on the testimony and evidence presented in Case No. 04-2321, Ms. Simshauser moved that this Board find that William Hancock is in violation of Sections 13-16 of the Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violations on or before November 27, 2004. The Board has considered the gravity of the violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100.00 per day plus administrative costs shall be imposed for each day the violation continues past November 27, 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. 40 Meeting Minutes Code Compliance Board Meeting Bovnton Beach, Florida November 17, 2004 Case No. 04-1553 Property Address: Violation(s): Sarah Brown 529 NW 13th Avenue CH1S-ART.IX-1S-120(D) INC. Remove all unregistered/ inoperable vehicles from property. Code Officer Pierre stated that the City recommended a compliance date of November 27,2004. Motion Based on the testimony and evidence presented in Case No. 04-1553, Ms. Simshauser moved that this Board find that Sarah Brown is in violation of the City of Boynton Beach Code Chapter 15, Article IX-15-120(D) Inclusive, and moved to order that the Respondent correct the violations on or before November 27, 2004. The Board has considered the gravity of the violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50.00 per day plus administrative costs shall be imposed for each day the violation continues past November 27, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that passed unanimously. Case No. 04-2154 Property Address: Violation( s): Melody & Jerry L. Brandom 3823 N. Old Dixie Highway CH lS-ART .IX -lS-120(D)1 INC. Remove all loose trash from property. Repair fence and driveway. Mow yard and trim edges. Code Officer Pierre stated that the City recommended a compliance date of December 17, 2004. Motion Based on the testimony and evidence presented in Case No. 04-2154, Ms. Simshauser moved that this Board find that Melody & Jerry L. Brandom are in violation of the City of Boynton Beach Code Chapter 15, Article IX-15-120(D)1 Inclusive, and moved to order that the Respondents correct the violations on or 41 Meeting Minutes Code Compliance Board Meeting Bovnton Beach. Florida November 17, 2004 before December 17, 2004. The Board has considered the gravity of the violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed for each day the violation continues past December 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. Case No. 04-2209 Property Address: Violation(s): Jessie M. & Thelmar Patterson 531 NW 12th Avenue Front PT3-LDR. CH20-VIII.SEC1.G. All plumbing fixtures, appliances, electrical outlets and fixtures as well as cabinets need to be repaired. Repair broken windows and door. Stop water leak from bathroom. Code Officer Pierre stated that the City recommended a compliance date of December 17, 2004. Motion Based on the testimony and evidence presented in Case No. 04-2209, Ms. Cook moved that this Board find that Jessie M. & Thelmar Patterson are in violation of Part 3 of the Land Development Regulations, Chapter 20-VIII, Section 1.G, and moved to order that the Respondents correct the violations on or before December 17, 2004. The Board has considered the gravity of the violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $150.00 per day plus administrative costs shall be imposed for each day the violation continues past December 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. Simshauser seconded the motion that passed unanimously. Case No. 04-2209 Property Address: Violation( s): William Ganoe 418 NW 11th Avenue CH lS-ART .IX -lS-120(D) INC., 13-16 BBC of ORD 42 Meeting Minutes Code Compliance Board Meeting Bovnton Beach, Florida November 17, 2004 An occupational license is required for rental property. Mow front and back yards, trim hedges and trees. Code Officer Pierre stated that the City recommended a compliance date of December 17, 2004. Motion Based on the testimony and evidence presented in Case No. 04-2209, Ms. Cook moved that this Board find that William Ganoe is in violation of the City of Boynton Beach Code Chapter 15, Article IX-15-120(D) Inclusive, and Section 13- 16 of the Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violations on or before December 17, 2004. The Board has considered the gravity of the violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100.00 per day plus administrative costs shall be imposed for each day the violation continues past December 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. Simshauser seconded the motion that passed unanimously. Case No. 04-1963 Property Address: Violation(s): Alfred E. & Beverly F. Parker 1931 NE 2ND Lane CH lS-ART .IX-1S-120(D) 1 INC., CHAPTER 20 SEC. 8 E- 16 Remove all unlicensed and inoperable vehicles. Sod all bare areas in yard and place 4-inch house numbers on building. Sr. Code Officer Webb stated that the City recommended a compliance date of December 17, 2004. Motion Based on the testimony and evidence presented in Case No. 04-1963, Ms. Cook moved that this Board find that Alfred E. & Beverly F. Parker are in violation of the City of Boynton Beach Code Chapter 15, Article IX-15-120(D)1 Inclusive, and Chapter 20, Section 8 E-16, and moved to order that the Respondents correct 43 Meeting Minutes Code Compliance Board Meeting Bovnton Beach, Florida November 17, 2004 the violations on or before December 17, 2004. The Board has considered the gravity of the violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed for each day the violation continues past December 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. Simshauser seconded the motion that passed unanimously. Case No. 04-2041 Property Address: Violation( s): Goulburn T. Hoyte, et al 1626 NE 3'd Street CH lS-ART .IX-1S-120(D ).lB, CHAPTER 20 SEC. 8 E-16 Repair driveway and place 4- inch house number on building visible from adjacent street. Sr. Code Officer Webb stated that the City recommended a compliance date of December 17, 2004. Motion Based on the testimony and evidence presented in Case No. 04-2041, Ms. Simshauser moved that this Board find that Golburn T & Cherolle A. Hoyte. are in violation of the City of Boynton Beach Code Chapter 15, Article IX-1S-120(D).lB and Chapter 20, Section 8 E-16, and moved to order that the Respondents correct the violations on or before December 17, 2004. The Board has considered the gravity of the violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed for each day the violation continues past December 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. Lien Certification Sr. Code & Rehab Officer Roy stated that the City recommended certifying a fine in the amount of $25 per day in the following case: Case No. 04-2201. 44 Meeting Minutes Code Compliance Board Meeting Bovnton Beach, Florida November 17, 2004 Case No. 04-2201 Monica Robinson 161 NE 17TH Court Motion Based on the testimony and evidence presented in Case No. 04-2201, Ms. Simshauser moved that this Board find that the Respondent has not complied with this Board's Order dated October 20, 2004, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, that this Board impose and certify a fine in the amount of $25.00 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that passed unanimously. Case No. 04-2232 Jeanne G. Go, et al 3452 W. Boynton Beach Blvd. Sr. Code & Rehab Officer Roy stated that the City recommended certifying a fine in the amount of $50 per day in the following case: Case No. 04-2232. Motion Based on the testimony and evidence presented in Case No. 04-2232, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated October 20, 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 $50.00 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Simshauser seconded the motion that passed unanimously. Case No. 02-3221 Guy Estella 212 SW 10th Avenue Sr. Code & Rehab Officer Roy stated that the City recommended certifying a fine in the amount of $75 per day in the following case: Case No. 02-3221. Motion Based on the testimony and evidence presented in Case No. 02-3221, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated July 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 $75.00 per day plus administrative costs which shall 45 Meeting Minutes Code Compliance Board Meeting Bovnton Beach. Florida November 17, 2004 continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Simshauser seconded the motion that passed unanimously. Sr. Code & Rehab Officer Roy stated that the City recommended certifying "No Fine" for the following cases: Case No. 04-1320, Case No. 04-1507, Case No. 04-650, Case No. 04-1453, Case No. 04-1466, Case No. 04-1749, Case No. 04- 1780, Case No. 04-1336, Case No. 04-2164. Case No. 04-1320 Palmedy Supreme, et al 115 NE 16th Avenue Motion Based on the testimony and evidence presented in Case No. 04-1320, Ms. Simshauser moved that this Board find that the Respondent has not complied with this Board's Order dated July 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". Ms. Carroll seconded the motion that passed unanimously. Case No. 04-1507 Roger Doherty, et al 2300 NE 1st Lane, #210 Motion Based on the testimony and evidence presented in Case No. 04-1507, Ms. Simshauser moved that this Board find that the Respondent has not complied with this Board's Order dated July 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". Ms. Carroll seconded the motion that passed unanimously. Case No. 04-650 Glenda L. Jenkins 420 NW 3'd Street Motion Based on the testimony and evidence presented in Case No. 04-650, Ms. Simshauser moved that this Board find that the Respondent has not complied with this Board's Order dated July 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". Ms. Carroll seconded the motion that passed unanimously. 46 Meeting Minutes Code Compliance Board Meeting Bovnton Beach. Florida November 17, 2004 Case No. 04-1453 James Isaac 215 NW 7th Court Motion Based on the testimony and evidence presented in Case No. 04-1453, Ms. Simshauser moved that this Board find that the Respondent has not complied with this Board's Order dated July 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". Ms. Carroll seconded the motion that passed unanimously. Case No. 04-1466 Willie Gibson, Sr. 525 NW 5th Street Motion Based on the testimony and evidence presented in Case No. 04-1466, Ms. Simshauser moved that this Board find that the Respondent has not complied with this Board's Order dated July 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". Ms. Carroll seconded the motion that passed unanimously. Case No. 04-1749 Bobkatz Properties, Inc. 501 NW 12th Avenue Motion Based on the testimony and evidence presented in Case No. 04-1749, Ms. Simshauser moved that this Board find that the Respondent has not complied with this Board's Order dated July 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". Ms. Carroll seconded the motion that passed unanimously. Case No. 04-1780 Albert D. Wetter, et al 23 Westgate Lane, Unit D Motion Based on the testimony and evidence presented in Case No. 04-1780, Ms. Simshauser moved that this Board find that the Respondent has not complied with this Board's Order dated July 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". Ms. Carroll seconded the motion that passed unanimously. 47 Meeting Minutes Code Compliance Board Meeting Bovnton Beach. Florida November 17. 2004 Case No. 04-1336 Jeanne G. Go, et al 3452 W. Boynton Beach Blvd. Motion Based on the testimony and evidence presented in Case No. 04-1336, Ms. Simshauser moved that this Board find that the Respondent has not complied with this Board's Order dated July 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". Ms. Carroll seconded the motion that passed unanimously. Case No. 04-2164 Joseph C. & Suzanna Y. Bean 131 NE 17th Avenue Motion Based on the testimony and evidence presented in Case No. 04-2164, Ms. Simshauser moved that this Board find that the Respondent has not complied with this Board's Order dated July 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". Ms. Carroll seconded the motion that passed unanimously. Case No. 04-33 St. Paul AME Church NE 10th Avenue Sr. Code & Rehab Officer Roy stated that the City recommended that Case No. 04-33 be tabled until December 15, 2004. Motion Ms. Simshauser moved that Case No. 04-33 be tabled until the Code Compliance Board meeting to be held on December 15, 2004. Ms. Carroll seconded the motion that passed unanimously. Case No. 03-3106 Michelle L. Hubbard 1239 Gondola Lane Sr. Code & Rehab Officer Roy stated that the City recommended that Case No. 03-3106 be tabled until January 19, 2005. Motion Ms. Cook moved that Case No. 03-3106 be tabled until the Code Compliance Board meeting to be held on January 19, 2005. Ms. Simshauser seconded the motion that passed unanimously. 48 Meeting Minutes Code Compliance Board Meeting Bovnton Beach. Florida November 17, 2004 VII. Discussion None. VIII. Adjournment Since there was no further business before the Board, the meeting was adjourned at 10:25 p.m. Respectfully submitted, f>>~.~~ Deanna Ewing Recording Secretary (120204) 49