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Minutes 12-15-04NINUTES OF THE CODE CONPLIANCE BOARD NEETING HELD IN CONNISSION CHANBERS CITY OF BOYNTON BEACH~ ON WEDNESDAY~ DECENBER 15~ 2004 AT 7:00 P.N. Present Christopher De Liso, Chair IVlichele Costantino, Vice Chair Kathleen Carroll Kathy Cook Robert Foot (arrived at ?:O1 p.m.) Patti Hammer Lisa Simshauser David Tolces, Assistant City Attorney Scott Blasie, Code Administrator Code Compliance Officers: Courtney Cain Luney Guillaume Skip Lewis Rich Laverdure Hike IVlelillo Vestiguerne Pierre Pete Roy Willie Webb Call to Order .... ,~ ................ o Chair DeLiso called the meeting to order at 7:00 p.m. II. Approval of Ninutes of £c~.tc=.~c.- 22, 299~ November 17, 2004 Notion Hs. Simshauser moved to accept the subject minutes as written. Vice Chair Costantino seconded the motion that passed unanimously. III. Approval of Agenda Sr. Code Compliance Officer Lewis stated that the City recommended Case No. 03-3113 be tabled until the Code Compliance Board meeting to be held on January 19, 2005. Notion Vice Chair Costantino moved that Case No. 03-31~3 be tabled until the Code Compliance Board meeting to be held on .lanuary 19, 2005. Ns. Hammer seconded the motion that passed unanimously. Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida December :t5, 2004 Sr. Code Compliance Officer Lewis stated that the City recommended Case No. 04-1046 be tabled until the Code Compliance Board meeting to be held on January 19, 2005. Motion Vice Chair Costantino moved that Case No. 04-1046 be tabled until the Code Compliance Board meeting to be held on January 19, 2005. Ms. Carroll seconded the motion that passed unanimously. Sr. Code Compliance Officer Lewis stated that the City recommended Case No. 04-1699 be tabled until the Code Compliance Board meeting to be held on .lanuary 19, 2005. Motion Vice Chair Costantino moved that Case No. 04-1699 be tabled until the Code Compliance Board meeting to be held on ,lanuary 19, 2005. Ms. Cook seconded the motion that passed unanimously. Sr. Code Compliance Officer Lewis stated that the City recommended Case No. 04-17 be tabled until the Code Compliance Board meeting to be held on February 16, 2005. Motion Vice Chair Costantino moved the Case No. 04-17 be tabled until the Code Compliance Board meeting to be held on February 16, 2005. Ms. Hammer seconded the motion that passed unanimously. Sr. Code Compliance Officer Lewis stated the following case numbers were removed: Case No. 04-1674, Case No. 04-2571, Case No. 04-891, Case No. 04- 2372, Case No. 04-2530. Sr. Code Compliance Officer Lewis stated that Case No. 04-2303 complied. Motion Vice Chair Costantino moved to accept the agenda as amended. seconded the motion that passed unanimously. Ms. Hammer 2 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida December 15, 2004 Swearing in of Witnesses and Xntroduction Sr. Code Compliance Lewis called the roll and asked that those persons present identify themselves. Attorney Tolces administered the oath as required to ail persons who would be testifying at the meeting. Chair De Liso explained the plea system. V. New Business A. Cases to be Heard (New) Case No. 04-2418 Property Address: Violation(s): Frank & Sharon Smith 2308 SE 4m Street CH15 - ART. XX-15-120(D) INC. Remove all unregistered vehicles off the property Code Compliance Officer Vestiguerne Pierre presented a brief overview of the case. Frank & Sharon Smith, 2308 SE 4th Street, pled no contest and requested 30 days to bring the property into compliance. Motion Based on the testimony and evidence presented in Case No. 04-2418, Vice Chair Costantino moved to find that Frank and Sharon Smith are in violation of the City of Boynton Beach Code Chapter 15, Article IX-15-120(D) Inclusive, and moved to order that Respondents correct the violation on or before January 14, 2005. The Board has considered the gravity of the violation, and the actions taken by Respondents, and any previous violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed for each day the violation continues past January 14, 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. 3 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida December 15, 2004 Case #04-1776 Property Address: Violation(s): Dwight M. Simmons 2111 NE 3rd Court CH 15-ART.[X-15-120(D)1 [NC. Remove all trash and debris, all unlicensed and inoperable commercial vehicles. Re-move auto parts (tires, motor, doors) from front and back yards. Repair wood fence. Sr. Code Compliance Officer Willie Webb reported that this was a citizen's complaint. The initial inspection was on July 30, 2004 and a written notice was sent requesting 30 days to comply. Certified mail was sent November 23, 2004 and no green card was returned. A notice was posted on the property on December 3, 2004. Dwight Simmons, 2111 NE 3rd Court, pled no contest. He stated that the property was brought into compliance and distributed pictures he had taken of the property dated December 15, 2004. Sr. Code Officer Webb reviewed the pictures taken by Mr. Simmons and stated that he was comfortable dismissing the case. Motion Based on the testimony and evidence presented in Case No. 04-1776, Ms. Simshauser moved to find that Dwight lVl. Simmons is not in violation of the City of Boynton Beach Code of Ordinance Chapter 15, Article [X-15--120(D)1, Inclusive. Ms. Cook seconded the motion that passed unanimously. Certification of Fine Case No. 02-3221 Guy Estella 212 SW10m Avenue Code Compliance Officer Cain stated that the original notice of violation was on December 18, 2002. No one appeared at the Code Compliance Board meeting held on .~uly 21, 2004 and a compliance date was issued for August 20, 2004 or $75 per day. The number of days in non-compliance is 88. This case complied on November 17, 2004 but the building department did not enter Mr. Estella's information proving he was in compliance until November 18th. Code Officer Cain asked for reconsideration of the judgment made at the Code Compliance Board meeting held on November 17, 2004. 4 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida December 15, 2004 Guy Estella, 125 NW 4th Avenue stated he was in compliance on the date of the last Board meeting. He had difficulty accessing the properly because his ex- wife had issued a restraining order against him and he was required to have a police escort each time he needed access to the property. The Building Department would not inspect the property unless he was present. Motion Ms. Simshauser moved to reconsider the motion made at the Code Compliance Board meeting held on November 17, 2004. Ms. Carroll seconded the motion that passed by a roll call vote of 5-2 (Hr. Foot and Vice Chair Costantino dissenting). Motion Based on testimony and evidence presented in Case No. 02-3221, Mr. Foot moved that this Board find that the Respondent, Guy Estella, was in violation of the Southern Building Code 1997 Edition, Section 105.6, subsequent to the date of compliance specified in this Board's Order of .]uly 21, 2004, and in consideration of the gravity of the violation, the actions taken by the Respondent to remedy the violation, and previous violations of the Respondent, that this Board impose and certify a fine in the amount of $1498.39 including administrative costs, for a total of 88 days of non-compliance. Vice Chair Costantino seconded the motion that passed with a roll call vote of 4-3 Hammer, Chair De L/so, and ~Is. Carroll dissenting), Cases to be Heard - New (Cont'd) Case #04-2564 Property Address: Violation(s): Huberman & Marie 3oseph 644 NWIst Avenue 424.2.17.1.1 thru 10 Fence is down, pool unsecured. Secure pool. is Code Compliance Officer Cain reported that this was a single-family homesteaded property. The initial inspection was on November 15, 2004. and notice was sent requiring 10 days to comply. The green card was signed December 2, 2004. Code Officer Cain stated that this case was a safety issue. IVlr. Tolces administered the oath to the property owner. Marie .1..1oseph, 644 NWIst Avenue, pled no contest and requested 3 weeks to bring the property into compliance. 5 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida December 15, 2004 Code Compliance Officer Cain stated that if Ms..]oseph repaired the screen on the patio, she would not have to repair the fence, but would then only have to remove it. Motion Based on the testimony and evidence presented in Case No. 04-2564, Mr. Foot moved that this Board find that Huberman and Marie 3oseph are in violation of the City of Boynton Beach Code Sections 424.2.17.1.1 thru 10, and moved to order that the Respondents correct the violations on or before December 25, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50.00 per day plus administrative costs shall be imposed for each day the violation continues past December 25, 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 #04-2338 Property Address: Violation(s): Matthew 3. & Dianne Williams 125 SW Ist Avenue FBC '01 ED BBA 104.1.1 Permit and inspection is required for demolition or remodeling. Code Compliance Officer Cain stated that the City recommended a compliance date of.]anuary 14, 2005. Motion Based on the testimony and evidence presented in Case No. 04-2338, Vice Chair Costantino moved that this Board find that Matthew .1. and Dianne Williams are in violation of the Florida Building Code 2001 Edition, Section 104.1.1 of the Boynton Beach Amendments, and moved to order that the Respondents correct the violation on or before .]anuary 14, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed for each day the violation continues past January 14, 2005. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of 6 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida December 15, 2004 the property to verify compliance with this Order. Mr. Foot seconded the motion that passed unanimously. Case #04-2397 Property Address: Violation(s): University Holdings, Inc., et al 480 W. Boynton Beach Blvd. Chapter 2.S Inclusive Excessive false alarms. Must pay all fines to avoid Code Enforcement Board action. Code Compliance Officer Cain stated that this property is the Holiday Tnn Express and the City recommended a compliance date of February 13, 2005. Motion Based on testimony and evidence presented in Case No. 04-2397, r4r. Foot moved that this Board find that University Holdings, ][nc., et al, are in violation of the City of Boynton Beach Code Chapter 2.5, [nclusive, and moved to order that the Respondents correct the violation on or before February 13, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with the Order, a fine in the amount of $250.00 per day plus administrative costs shall be imposed for each day the violation continues past February 13, 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. Vice Chair Constantino seconded the motion that passed with a vote of 5-2 (¢ha/r De L/so and Ms, $imshauser d/$$enting). Case #04-2522 Property Address: Violation(s): Showroom Prop, ThC. 3200 S. Congress Avenue FBC '01 ED BBA 104.1.! Time is up for temporary banner permit #04-3321. See copy of Red Tag. Code Compliance Officer Cain stated that the City recommended a compliance date of December 25, 2004. Motion Based on testimony and evidence presented in Case No. 04-2522, Ns. Cook moved that this Board find that Showroom Prop, [nc., are in violation of the City 7 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida December 15, 2004 of Florida Building Code 2001 Edition Section 104.1.1 of the Boynton Beach Amendments, and moved to order that the Respondents correct the violation on or before December 25, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with the 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 25, 2004. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Vice Chair Constantino seconded the motion that passed unanimously. Case #04-2553 Property Address: Violation(s): Menorah Realty, Ltd, et al 2109 Corporate Drive FBC '01 ED BBA 104.1.1 and 104.7.5 Permit required for storage loft, or remove it. Secure permits and inspection. See copy of Red Tag. Code Compliance Officer Cain stated that the City recommended a compliance date of December 25, 2004. Motion Based on testimony and evidence presented in Case No. 04-2553, Ms. Cook moved that this Board find that Menorah Realty, Ltd, et al, are in violation of the Florida Building Code 2001 Edition Section 104.1.1 and 104.7.5 of the Boynton Beach Amendments, and moved to order that the Respondents correct the violation on or before December 25, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with the 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 25, 2004. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Vice Chair Constantino seconded the motion that passed unanimously. Case #04-2423 Property Address: Marian M. Somers 450 E. Horizons, #304 8 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida December 15, 2004 Violation(s): FBC '01 ED 105.6 Permit #03-1472 - see copy of Red Tag. Code Compliance Officer Guillaume stated that the Red Tag was for the final inspection on an air conditioning unit and the City recommended a compliance date of January 14, 2005. Motion Based on testimony and evidence presented in Case No. 04-2423, Mr. Foot moved that this Board find that Marian M. Somers is in violation of the City of Florida Building Code 2001 Edition Section 105.6, and moved to order that the Respondents correct the violation on or before .lanuary 14, 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 the Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed for each day the violation continues past January 14, 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 #04-1720 Property Address: Violation(s): Community Properties, Inc. 321 NE 11th Avenue CH15-ART.IX-15-120(D)1 INC. Vacant lot east of 327 NE 11th Avenue - mow and trim all trees. If you have Florida Holly, please remove it. Code Compliance Officer Laverdure stated that the City recommended a compliance date of December 25, 2004. Motion Based on testimony and evidence presented in Case No. 04-1720, Ms. Simshauser moved that this Board find that Community Properties, Inc. are in violation of the City of Boynton Beach Code Chapter 15, Article IX-15-120(D)l, Inclusive, and moved to order that the Respondents correct the violation on or before December 25, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with the Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida December 15, 2004 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 25, 2004. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that passed unanimously. Case #04-1725 Property Address: Violation(s): Charlie Andrews, et al 224 NE 11th Avenue CH 15-ART.ZX-15-120(D)1 INC. Vacant house - mow and clean-up around house. Remove all trash and debris. Code Compliance Officer Laverdure stated that the City recommended a compliance date of December 25, 2004. Officer Laverdure said that the house is slated to be demolished. Motion Based on testimony and evidence presented in Case No. 04-1725, Mr. Foot moved that this Board find that Charlie Andrews, et al are in violation of the City of Boynton Beach Code Chapter 15, Article TX-15-120(D)l, Tnclusive, and moved to order that the Respondents correct the violation on or before December 25, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with the 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 25, 2004. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed unanimously. Case #04-2451 Property Address: Violation(s): TA & Affie M. Wright NE 11th Avenue CH15-ART.IX-15-120(D)1 INC. and 10-2 BBC of ORD. Vacant lot NE 11th Avenue - remove all trees that have been uprooted by the hurricane. Mow and clean-up lot. 10 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida December 15, 2004 Code Compliance Officer Laverdure stated that the City recommended this case be tabled until the Code Compliance Board meeting to be held on February 16, 2005. Motion Vice Chair Costantino moved that Case No. 04-2451 be tabled until the Code Compliance Board meeting to be held on February 16, 2005. Ms. Simshauser seconded the motion that passed unanimously. Case #04-2253 Property Address: Violation(s): Mary Henline 1086 SW 25th Way FBC '01 ED BBA 104.1.1 Unpermitted storage sheds must be permitted or removed. Sr. Code Compliance Officer Melillo stated that the City recommended a compliance date of January 14, 2005. Motion Based on testimony and evidence presented in Case No. 04-2253, Mr. Foot moved that this Board find that Mary Henline is in violation of the Florida Building Code 2001 Edition, Section 104.1.1 of the Boynton Beach Amendments and moved to order that the Respondent correct the violation on or before January 14, 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 the Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed for each day the violation continues past ,lanuary 14, 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. Vice Chair Costantino seconded the motion that passed unanimously. Case #04-2363 Property Address: Violation(s): 3awhar M. Malakar 1018 SW 23rd Avenue CH 15-ART.IX- 15-120(D) [NC. Repair fence properly. Nails are sticking out that could cause bodily injury. 11 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida December 15, 2004 Sr. Code Compliance Officer Melillo stated that the City recommended a compliance date of December 25, 2004. Motion Based on testimony and evidence presented in Case No. 04-2363, Mr. Foot moved that this Board find that ]awhar M. Malakar is in violation of the City of Boynton Beach Code Chapter 15, Article [X-15-120(D) ]Inclusive, and moved to order that the Respondent correct the violation on or before December 25, 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 the 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 25, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Vice Chair Costantino seconded the motion that passed unanimously. Case #04-2392 Property Address: Violation(s): Boynton Associates, Ltd. 711 NW 2nd Street CH 15-ART.ZX-15-120(D) INC. and PT3-LDR.CH20-VIII. SEC 1.G. Units 211 and 221. Unsecured property. Secure property to prevent unauthorized entry. Also, mow lawn. Code Compliance Officer Pierre stated that this property is within the Boynton Terrace Apartment. Officer Pierre stated that the City recommended a compliance date of December 25, 2004. Motion Based on testimony and evidence presented in Case No. 04-2392, Vice Chair Costantino moved that this Board find that Boynton Associates, Ltd. are in violation of the City of Boynton Beach Code Chapter 15, Article [X-15-120(D) [nclusive and Part 3 of the Land Development Regulations, Chapter 20-VTI[, Section 1.G, and moved to order that the Respondents correct the violation on or before December 25, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with the Order, a fine in the amount of $500.00 per day plus administrative costs shall be 12 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida December 15, 2004 imposed for each day the violation continues past December 25, 2004. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that passed unanimously. Case #04-2393 Property Address: Violation(s): Boynton Associates, Ltd. 210 NW 7th Court CH 15-ART.ZX-15-120(D) XNC. and PT3-LDR.CH 20-VX]].SECIG Units 210, 220 and 230. Unsecured property. Secure property to prevent unauthor- ized entry. Also, mow lawn. Code Compliance Officer Pierre stated that this property is within the Boynton Terrace Apartment. Officer Pierre stated that the City recommended a compliance date of December 25, 2004. Motion Based on testimony and evidence presented in Case No. 04-2393, Vice Chair Costantino moved that this Board find that Boynton Associates, Ltd. are in violation of the City of Boynton Beach Code Chapter 15, Article [X-15-120(D) ]Inclusive and Part 3 of the Land Development Regulations, Chapter 20-VTI[, Section 1.G, and moved to order that the Respondents correct the violation on or before December 25, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with the Order, a fine in the amount of $500.00 per day plus administrative costs shall be imposed for each day the violation continues past December 25, 2004. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that passed unanimously. Case #04-2254 Property Address: Violation(s): Donald Schaefer 159 Orange Drive CH 15-ART.:[X- 15-120(E) and FBC '01 ED 3401.6 Maintain fence to Code. INC. 13 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida December 15, 2004 Sr. Code & Rehab Officer Roy stated that the City recommended a compliance date of January 14, 2005. Motion Based on testimony and evidence presented in Case No. 04-2254, Hr. Foot moved that this Board find that Donald Schaefer is in violation of the City of Boynton Beach Code Chapter 15, Article ]X-15-120(E) ]Inclusive and the Florida Building Code 2001 Edition, Section 3401.6, and moved to order that the Respondent correct the violation on or before January 14, 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 the Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed for each day the violation continues past January 14, 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. Vice Chair Costantino seconded the motion that passed unanimously. Case #04-2318 Property Address: Violation(s): Boynton 26 Holdings, LLC I Belmont Place 10-2 BBC of ORD. Mow and maintain perimeter of property including vacant parcel on south end. Code requires a 50-foot buffer to be mowed and kept clean around your property bordering neighboring improved proper- ties. Sr. Code & Rehab Officer Roy stated that the City recommended a compliance date of February 13, 2005. Officer Roy said that this is an environmentally sensitive area. Motion Based on testimony and evidence presented in Case No. 04-2318, Vice Chair Costantino moved that this Board find that Boynton 26 Holdings, LLC are in violation of Section 10-2 of the Boynton Beach Code of Ordinances and moved to order that the Respondents correct the violation on or before February 13, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders 14 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida December 15, 2004 that if the Respondents do not comply with the Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed for each day the violation continues past February 13, 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. Hr. Foot seconded the motion that passed unanimously. Chair De Liso recommended that Sr. Code & Rehab Officer Roy cite the homeowners association for this property. The developer, Boynton 26 Holdings, LLC, is no longer in control of the property. Officer Roy stated that he had already spoken with the homeowners association and would cite them as well. Case #04-2438 Property Address: Violation(s): Lawton Mapp 1407 NW 1st Street 10-2 BBC of ORD Mow grass and maintain per City Code. Sr. Code & Rehab Officer Roy stated that the City recommended a compliance date of December 25, 2004. Motion Based on testimony and evidence presented in Case No. 04-2438, Mr. Foot moved that this Board find that Lawton Mapp is in violation of Section 10-2 of the Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violation on or before December 25, 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 the 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 25, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Vice Chair Costantino seconded the motion that passed unanimously. Case #04-2442 Property Address: Violation(s): 3ames & Rosella Edmonds NW 12th Avenue 10-2 BBC of ORD. Vacant lot west of S45 NW 12th Avenue - remove all trash and debris. Cut all overgrowth, 15 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida December 15, 2004 mow and maintain lot per City Code. Sr. Code & Rehab Officer Roy stated that the City recommended a compliance date of December 25, 2004. Motion Based on testimony and evidence presented in Case No. 04-2442, Ms. Simshauser moved that this Board find that .]ames and Rosella Edmonds are in violation of Section 10-2 of the Boynton Beach Code of Ordinances and moved to order that the Respondents correct the violation on or before December 25, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with the 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 25, 2004. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Vice Chair Costantino seconded the motion that passed unanimously. Case #04-2466 Property Address: Violation(s): Henry L. Watson 508 NW 9th Avenue 10-2 BBC of ORD, CH15- ART.IX-15-120(D) INC. Remove all loose articles from yard. Mow and cut all overgrowth. Remove all inoperable/unlicensed vehicles from property. Sr. Code & Rehab Officer Roy stated that the City recommended a compliance date of.]anuary 14, 2005. Motion Based on testimony and evidence presented in Case No. 04-2466, Vice Chair Costantino moved that this Board find that Henry L. Watson is in violation of the City of Boynton Beach Code 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 violation on or before January 14, 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 16 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida December 15, 2004 Respondent does not comply with the Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed for each day the violation continues past January 14, 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. Case #04-2563 Property Address: Violation(s): A. Coleman, 3r. 433 NW 5th Avenue 10-2 BBC of ORD and CH15- ART.IX-15-120(D) INC. Mow and cut all overgrowth and remove or register all inoperable vehicles from property. Sr. Code & Rehab Officer Roy stated that the City recommended a compliance date of December 25, 2004. Motion Based on testimony and evidence presented in Case No. 04-2563, Vice Chair Costantino moved that this Board find that A. Coleman, Jr. is in violation of the City of Boynton Beach Code 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 violation on or before December 25, 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 the 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 25, 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 #04-2632 Property Address: Violation(s): Arthur 3. Algonis NE 4th Avenue 10-2 BBC of ORD Empty lot west of 145 NE 4th Avenue - contain and dispose of all loose trash/debris on 17 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida December 15, 2004 empty lot and dispose of properly. Sr. Code Compliance Officer Lewis stated that the City recommended a compliance date of December 22, 2004. Motion Based on testimony and evidence presented in Case No. 04-2632, Ms. Simshauser moved that this Board find that Arthur J. Algonis is in violation of Section 10-2 of the Boynton Beach Code of Ordinances, and moved to order that the Respondent correct the violation on or before December 22, 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 the 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 22, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Vice Chair Costantino seconded the motion that passed unanimously. Case #04-2047 Property Address: Violation(s): Henry C. Sharp ~.6:lJ. NE 3rd Street CH1S-ART.IX-:I.S-:I. 20(D)! INC. and CHAPTER 20 SEC. 8 E-~.6 Sod all bare areas in yard. Keep grass mowed. Repair fence. Place 4 inch house number on building visible from adjacent street. Sr. Code Compliance Officer Webb stated that the City recommended a compliance date of December 25, 2004. Motion Based on testimony and evidence presented in Case No. 04-2047, Vice Chair Costantino moved that this Board find that Henry C. Sharp is in violation of the City of Boynton Beach Code Chapter :L5, Article IX-15-120(D)1 [nclusive and Chapter 20, Section 8 E-16 and moved to order that the Respondent correct the violation on or before December 25, 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 18 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida December 15, 2004 comply with the 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 25, 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 #04-2191 Property Address: Violation(s): Hazel Clemmons 1621 NW 5th Street CH15-ART.ZX-15-120(D) l :[NC., LDR CH20 ART ! SEC 8 F13, and 10-3 BBC of ORD. Place 6-inch house number on building visible from adjacent street. Sod all bare areas in yard & swale. Remove all trash and debris that are hurricane hazards. Remove trailer and RV from city ROW and remove all unlicensed and inoperable vehicles. Sr. Code Compliance Officer Webb stated that the City recommended a compliance date of.January 14, 2005. Motion Based on testimony and evidence presented in Case No. 04-2191, Ms. Simshauser moved that this Board find that Hazel Clemmons is in violation of the City of Boynton Beach Code Chapter 15, Article IX-15-120(D)l [nclusive, Chapter 20, Article 1, Section 8 F13, and Section 10-3 of the Boynton Beach Code of Ordinances and moved to order that the Respondent correct the violation on or before .]anuary 14, 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 the Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed for each day the violation continues past .]anuary 14, 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. I~ls. Cook seconded the motion that passed unanimously. 19 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida December 15, 2004 Case #04-2491 Property Address: Violation(s): Herman B. Brunson 2300 NWIst Street CH15-ART.ZX-15-120(D) 1A Remove all unlicensed and inoperable vehicles from property. Sr. Code Compliance Officer Webb stated that the City recommended a compliance date of December 25, 2004. Motion Based on testimony and evidence presented in Case No. 04-2491, Ms. Simshauser moved that this Board find that Herman B. Brunson is in violation of the City of Boynton Beach Code Chapter 15, Article [X-15-120(D)1A and moved to order that the Respondent correct the violation on or before December 25, 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 the 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 25, 2004. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to veri~ compliance with this Order. IVls. Carroll seconded the motion that passed unanimously. Case #04-2591 Property Address: Violation(s): Florida 4C Properties, LLC 2508 N. Federal Highway 10-2 BBC of ORD. Remove all trash and debris. Trim all overgrowth including tall weeds and trees. Remove all dead branches and keep property mowed and free of loose trash and debris. Sr. Code Compliance Officer Webb stated that the City recommended a compliance date of December 25, 2004. Motion Based on testimony and evidence presented in Case No. 04-2591, Vice Chair Costantino moved that this Board find that Florida 4C Properties, LLC are in violation of Section 10-2 of the Boynton Beach Code of Ordinances and moved to 2O Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida December 15, 2004 order that the Respondents correct the violation on or before December 25, 2004. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with the 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 25, 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. Lien Certification Sr. Code Compliance Officer Lewis stated that the City recommended certifying a fine in the amount of $25 per day in the following cases: Case No. 04-1102, Case No. 04-1403, Case No. 04-1558, Case No. 04-1716, Case No. 04-1874. Case No. 04-1102 Gerald NT Fasolo 1503 NE 4TM Court Motion. Based on the testimony and evidence presented in Case No. 04-1102, Vice Chair Costantino moved that this Board find that the Respondent has not complied with this Board's Order dated August 18, 2004, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondents, 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 Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Simshauser seconded the motion that passed unanimously. Case No. 04-1403 Leobino Alves Nero 205 SW 4th Street Motion. Based on the testimony and evidence presented in Case No. 04-1403, Vice Chair Costantino 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 Respondents, 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 Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Simshauser seconded the motion that passed unanimously. 21 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida December 15, 2004 Case No. 04-1558 Chris Blakeley, et al 937 SW 34th Court Motion Based on the testimony and evidence presented in Case No. 04-1558, Vice Chair Costantino 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 Respondents, 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 Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Simshauser seconded the motion that passed unanimously. Case No. 04-1716 Plinio & Maria Cervantes 2089 SW Lake Cr. Dr. Motion Based on the testimony and evidence presented in Case No. 04-1716, Vice Chair Costantino 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 Respondents, 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 Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Simshauser seconded the motion that passed unanimously. Case No. 04-1874 Gianna B. Byars, et al 314 NE 22nd Avenue Motion Based on the testimony and evidence presented in Case No. 04-1874, Vice Chair Costantino 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 ail previous violations committed by the Respondents, 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 Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Simshauser seconded the motion that passed unanimously. Sr. Code Compliance Officer Lewis stated that the City recommended certifying a fine in the amount of $100 per day in the following case: Case No. 04-2038. 22 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida December 15, 2004 Case No. 04-2038 Arcenio R. Carpio 3823 N. Old Dixie Highway Motion Based on the testimony and evidence presented in Case No. 04-2038, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated November 18, 2004, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondents, that this Board impose and certify a fine in the amount of $100.00 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Cook seconded the motion that passed unanimously. Sr. Code Compliance Officer Lewis stated that the City recommended certifying "No Fine" for the following cases: Case No. 04-1847, Case No. 04-1771, Case No. 04-1415, Case No. 04-2270, Case No. 04-2342, Case No. 04-1553, Case No. 04-1386, Case No. 04-1953. Case No. 04-1847 Wahoo LLC 611 Dimick Road Motion Based on the testimony and evidence presented in Case No. 04-1847, Ms. $imshauser 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 Respondents, that this Board impose and certify "No Fine". Vice Chair Costantino seconded the motion that passed unanimously. Case No. 04-1771 Vilnor & Maria A. Chew Septimus 220 SW Ist St. Motion Based on the testimony and evidence presented in Case No. 04-1771, Ms. $imshauser 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 Respondents, that this Board impose and certify "No Fine". Vice Chair Costantino seconded the motion that passed unanimously. 23 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida December 15, 2004 Case No. 04-1415 James G. Ambroise 261NW28m Avenue Motion Based on the testimony and evidence presented in Case No. 04-1415, Ms. $imshauser 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 Respondents, that this Board impose and certify "No Fine". Vice Chair Costantino seconded the motion that passed unanimously. Case No. 04-2270 Elifaite Diejuste 121 NE 4th Avenue Motion Based on the testimony and evidence presented in Case No. 04-2270, Iris. Simshauser moved that this Board find that the Respondent has not complied with this Board's Order dated November 18, 2004, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondents, that this Board impose and certify "No Fine". Vice Chair Costantino seconded the motion that passed unanimously. Case No. 2342 Virgo H. Belot 125 SE 31~ Avenue Motion Based on the testimony and evidence presented in Case No. 04-2342, IVls. Simshauser moved that this Board find that the Respondent has not complied with this Board's Order dated November 18, 2004, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondents, that this Board impose and certify "No Fine". Vice Chair Costantino seconded the motion that passed unanimously. Case No. 04-1553 Sarah Brown 529 NW 13th Avenue Motion Based on the testimony and evidence presented in Case No. 04-1553, Ms. Simshauser moved that this Board find that the Respondent has not complied with this Board's Order dated November 18, 2004, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondents, that this Board impose and 24 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida December 15, 2004 certify "No Fine". Vice Chair Costantino seconded the motion that passed unanimously. Case No. 04-1386 Walter L. Haywood, 3r. 214 NE 14th Avenue Motion Based on the testimony and evidence presented in Case No. 04-1386, Ms. $imshauser moved that this Board find that the Respondent has not complied with this Board's Order dated November 18, 2004, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondents, that this Board impose and certify "No Fine". Vice Chair Costantino seconded the motion that passed unanimously. Case No. 04-1953 Larry B. Adams 1990 NE 2nd Lane Motion Based on the testimony and evidence presented in Case No. 04-1953, 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 Respondents, that this Board impose and certify "No Fine". Vice Chair Costantino seconded the motion that passed unanimously. Sr. Code Compliance Officer Lewis stated that the City recommended the following cases be tabled until the Code Compliance Board meeting to be held on January 19, 2005: Case No. 03-2496, Case No. 04-731, Case No. 04-2032. Motion Vice Chair Costantino moved that Case No. 03-2496 be tabled until the Code Compliance Board meeting to be held on .]anuary 19, 2005. Ms. Simshauser seconded the motion that passed unanimously. Motion Vice Chair Costantino moved that Case No. 04-731 be tabled until the Code Compliance Board meeting to be held on _]anuary 19, 2005. Ms. Simshauser seconded the motion that passed unanimously. 25 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida December :~5, 2004 Motion Vice Chair Costantino moved that Case No. 04-2032 be tabled until the Code Compliance Board meeting to be held on .lanuary 19, 2005. Ms. Simshauser seconded the motion that passed unanimously. Sr. Code Compliance Officer Lewis stated that the City recommended the following cases be tabled until the Code Compliance Board meeting to be held on February 16, 2005: Case No. 04-425, Case No. 04-33, Case No. 03-2152. Motion Vice Chair Costantino moved to table Case No. 04-425 until the Code Compliance Board meeting to be held on February 16, 2005. Ms. Simshauser seconded the motion that passed unanimously. Motion Vice Chair Costantino moved to table Case No. 04-33 until the Code Compliance Board meeting to be held on February 16, 2005. Ms. Simshauser seconded the motion that passed unanimously. Motion Vice Chair Costantino moved to table Case No. 03-2152 Compliance Board meeting to be held on February 16, 2005. seconded the motion that passed unanimously. until the Code Ms. Simshauser Sr. Code Compliance Officer Lewis stated that the City recommended the following case be tabled until the Code Compliance Board meeting to be held on March 16, 2005: Case No. 04-690 Motion Mr. Foot moved to table Case No. 04-690 until the Code Compliance Board meeting to be held on March 16, 2005. Vice Chair Costantino seconded the motion that passed unanimously. VZZ. Discussion Code Compliance Administrator Blasie reminded the Board that the Lien Reduction meeting would be held on December 23, 2004 at 3:00 p.m. 26 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida December 15, 2004 VIII. Adjournment Since there was no further business adjourned at 8'05 p.m. Respectfully submitted, Deanna Ewing Recording Secretary (121604) before the Board, the meeting was 27