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Minutes 02-16-05 [4INUTES OF THE CODE CO[4PLIANCE BOARD t4EETING HELD IN COt4t4ISSION CHAf4BERS, C:[TY OF BOYNTON BEACH, ON WEDNESDAY, FEBRUARY 16, 2005 AT 7:00 P.I~I. Present Christopher DeLiso, Chair Michele Costantino, Vice Chair Kathleen Carroll Kathy Cook Robert Foot Absent Lisa Simshauser David Tolces, Assistant City Attorney Scott Blasie, Code Administrator Code Compliance Officers: Courtney Cain Luney Guillaume Skip Lewis Rich Laverdure IVlike Melillo Vestiguerne Pierre Pete Roy Willie Webb I. Call to Order Chair DeLiso called the meeting to order at 7:01 p.m. Approval of Minutes of 3anuary 19, 2005 Mr. Foot asked the Board to consider corrections to the subject minutes as follows: Page 39, Case No. 04-2108 was not presented in detail. The motion to certify "No Fine" was made by Mr. Foot and seconded by Ms. Cook. It passed unanimously. IVls. Costantino asked the Board to consider corrections to the subject minutes as follows: Page 22, Case No. 04-2246, the tabled to date should read February 16, 2005, not February 18, 2005. Page 29, Case No. 03-3218, the compliance date referenced in the motion should read February 18, 2005, not February 3, 2005. The fine should be $25.00 per day, not $100.00 per day. Meeting Minutes Code Compliance Board Boynton Beach, Florida February 16, 2005 Motion Mr. Foot moved to accept the subject minutes, as amended. Ms. Cook seconded the motion that passed 4-0. III. Approval of Agenda Sr. Code & Rehab Officer Roy stated the City recommended Case No. 04-1046 be tabled until the Code Compliance Board meeting to be held on March 16, 2005. Motion Vice Chair Costantino moved Case No. 04-1046 be tabled until the Code Compliance Board Meeting to be held on March 16, 2005. Ms. Cook seconded the motion that passed 4-0. Sr. Code & Rehab Officer Roy stated the City recommended the following cases have complied: Case No. 04-2620, Case No. 04-2621. Sr. Code & Rehab Officer Roy stated the city recommended the following cases be removed: Case No. 04-2735, Case No. 04-2874. Motion Mr. Foot moved to accept the agenda as amended. Ms. Cook seconded the motion that passed 4-0. (Ms. Oarro// arr/ved at 7:05 p.m.) IV, Swearing in of Witnesses and Introduction Chair DeLiso explained the Plea system. Assistant City Attorney Tolces administered the oath as required to all persons who expected to testify at the meeting. Sr. Code & Rehab Officer Roy introduced 3 staff members from the City of Pahokee, Umberto Kadoo, Suzie Feltner, and .lohn Loper. They had been working with the City's Code Compliance Department for the previous 2 weeks and were in attendance to see how the City of Boynton Beach Code Compliance Board conducts business. Sr. Code & Rehab Officer Roy called the roll to determine who was present. 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 16, 2005 V. New Business A. Cases to be Heard Case #04-2571 Property Address: Violation(s): Wilfred Pierre 436 SW 5th Avenue FBC 2001 Edition BBA 104.1.1 and 104.7.5 See copy of Red Tag dated 11/09/04. Code Officer Guillaume reported the initial inspection date was November 16, 2004 for required permits and inspections on interior alterations and a porch enclosure. Wilfred Pierre, 436 SW 5th Avenue, took the podium and pled no contest after Code Officer Pierre translated the plea system to him. The Respondent requested an additional 180 days to bring the property into compliance because he needed to hire an engineer to begin the approval process with the City. The additional time would also allow the Respondent enough time to gain the additional funds required to pay the engineer. Chair DeLiso asked whether the enclosure represented a safety hazard and Staff informed him they felt it did not. Mr. Foot expressed his concern that hurricane season begins June 1st and the 180-day extension would place the compliance date well into hurricane season. Motion Based on the Testimony and evidence presented in Case No. 04-2571, Mr. Foot moved that this Board find that Wilfred Pierre is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before June 1, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus Administrative Costs shall be imposed for each day the violations continue past June 1, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Code Officer Pierre translated the motion to the property owner. Case #04-2756 Property Address: Clara Andrews 410 NW 15th Avenue Meeting Minutes Code Compliance Board Boynton Beach, Florida February 16, 2005 Violation(s): CH 15-ART.IX- 15-120(D) 1 [NC., CH15-ART.ZX-15-120(E) :[NC., and 10-52 BBC OF ORD. Remove all unregistered/ inoperable vehicles from the property. Remove deteriorated fencing. Remove inoperable storage trailers, outdoor stored items, trash and debris. Sr. Code Officer Lewis reported this property was a single-family dwelling. The initial inspection date was December 8, 2004. Clara Andrews, 410 NW 15th Avenue, took the podium and pled no contest. Ms. Andrews asked for Staff to clarify what violations still exist because many of the items had been fixed. Sr. Code Officer Lewis clarified there had been numerous vehicles on the property but many had been removed. He noted there were two vehicles remaining - one located in the rear yard area and one in the driveway. Ms. Andrews commented the vehicle located in the rear yard area was registered and operable but the one in the driveway required a tag. Ms. Andrews asked for an additional 30 days to correct the violations. Sr. Code Officer Lewis wanted to make sure Ms. Andrews understood that the vehicles were not to be brought back to the property once the case was complied. l~lotion Based on the Testimony and evidence presented in Case No. 04-2756, Mr. Foot moved to find that Clara Andrews is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before March 18, 2005. Based upon the evidence presented in this case, the Board finds a repeat violation of the Code Sections as cited. Having also considered the gravity of the violations and the actions taken by the Respondent, the Board hereby orders that should the Respondent fail to comply with this order, a fine in the amount of $50.00 per day shall be imposed for each day the violations continue past March 18, 2005 plus Administrative Costs. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Vice Chair Costantino seconded the motion that passed 5-0. Chair DeLiso explained to Ms. Andrews that if the vehicles were to return to the property, Staff would have no choice but to issue a "Cease and Desist" Order. if that Meeting Minutes Code Compliance Board Boynton Beach, Florida February 16, 2005 occurred, she would not have another opportunity to come before the Board and plead her case - Staff would cite her immediately and there would be an automatic fine incurred. The fines would build and liens would be placed against her property. :If the property were not brought into compliance and the fines not paid, she would eventually lose her property. Ms. Andrews stated she understood. Case #04-2836 Property Address: Violation(s): Theresa L. Smith 319 NE 16th Avenue CH 15-ART.:[X- 15-120(D) 1 :[NC., and CH15-ART.:[X-15-120(E) :[NC. Remove all inoperable vehicles. House needs to be painted. Mow and de-weed overgrown property. Re-sod front yard to establish a green lawn. Sr. Code Officer Lewis reported this property was a single-family dwelling. The initial inspection date was December 14, 2004. Theresa Smith, 318 NE 16th Avenue, took the podium and pled no contest. She requested an additional 90 days in order to bring the property into compliance. Ms. Smith commented her car had a valid tag until just recently and was only inoperable for a few months. She is trying to get it fixed but had financial constraints that prevented her from doing so. She stated she had been trying to locate financial assistance in order to install a driveway extension instead of placing sod on the area. She clarified she had a large family and many of them parked on the grassy area in the front of the house. Code Compliance Administrator Blasie informed the Board the Community Redevelopment Agency no longer had funding available for community appearance violations due to budget constraints. The Faith-Based CDC was provided as an alternative for Ms. Smith to contact for potential assistance. Chair DeLiso recommended the Board split the violations and provide Ms. Andrews with additional time to take care of the sod and driveway issues. Motion Based on the Testimony and evidence presented in Case No. 04-2836, Mr. Foot moved that the Board find that Theresa L. Smith is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violation as to the inoperable vehicle on or before March 3, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violation by Respondent, and hereby orders that if the Respondent does not comply with this 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 16, 2005 Order, a fine in the amount of $25.00 per day plus Administrative costs shall be imposed for each day the violation continues past March 3, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Vice Chair Costantino seconded the motion that passed 5-0. Motion Based on the Testimony and evidence presented in Case No. 04-2836, IVlr. Foot moved that the Board find that Theresa L. Smith is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violation as to painting, sod, mowing, and de-weeding on or before May 17, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violation 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 Hay 17, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Vice Chair Costantino seconded the motion that passed 5-0. Chair DeLiso reiterated to Ms. Smith that she should contact the Faith-Based CDC located on the southwest corner of Gateway and Seacrest Boulevards to find out if they would be able to provide her with any financial assistance. Case #04-2470 Property Address: Violation(s): Mariners Way Association, Tnc. et al Mariners Way PT 3-LDR. CHAPTER 4, SEC. 11 and FBC 2001 ED BBA 104.1.1 Obtain a permit to replace your fence along the north property line. The fence is part of your site plan. Sr. Code Officer Melillo reported this case was initiated as a citizens' complaint. The property owner was provided written notice and given 30 days to comply. The Staff received proof that the notice was served on .lanuary 24, 2005. Steve Flex, 650 Mariners Way, President of Mariners Way Homeowners Association, took the podium and pled no contest. Mr. Flex asked for an additional 6- month extension in order to bring the property into compliance. He stated the earliest date they had received from a fencing contractor to replace the fence would be mid- June. The majority of the fence had been torn down during the recent hurricanes. The Association removed all but one panel of the fence. That panel had real property attached on the other side. 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida February ~6,2005 Mr. Flex informed the Board the Association received a guarantee of work with a completion date from only one contractor. The remaining contractors could not commit to a date to begin work. Mr. Foot asked what the neighbors' concerns were that started the complaint. Sr. Code Officer Melillo reiterated this case originated as a citizens' complaint from the residents on the other side of the development who are located on South Road. Shortly after the property was cited, Sr. Code Officer Melillo received a phone call from Mr. Flex asking if the Code Compliance Division would be willing to work with them until they could secure a fencing contractor willing to at least show up to provide a cost proposal. Once that was obtained, Mr. Flex would then need to take it to the homeowners for approval. Some of the complaints the Code Compliance Division received were the missing fence created foot traffic through the other neighborhood and lights were shining into some of the homes. Mr. Flex stated he had not heard about any of the problems Staff mentioned. The only issue he was aware of was dogs from the other neighborhood were wandering onto the Mariners Way property. He had not been in contact with anyone from the other neighborhood, nor had anyone from the other neighborhood contacted him, to discuss resolution to any issues. He further stated he did not know who to contact. Sr. Code Officer Melillo stated there were two gentlemen who visited the Code Compliance Office on several occasions complaining about the foot traffic and the lights from the cars parking in the Mariners Way parking lots shining into their homes. He said he had not personally witnessed those incidents. Chair DeLiso stated he was sympathetic to the concerns of the neighbors but also understood that it had been difficult, since the recent hurricanes, to get any contractors to commit to doing any work in Palm Beach County. He asked for all parties to be patient with the process. Ken Capp, 708 South Road, took the podium and stated he did not enjoy watching headlights shine into his living room every night and having to listen to diesel truck engines running in the parking lot. He indicated the dogs in his neighborhood were not going onto the Mariners Way property, but the dogs from Mariners Way were coming into his neighborhood. He also said that the residents of Mariners Way left trash on his property. He expressed his disagreement with the request for an additional 6 months to replace the fence. Sr. Code Officer Melillo distributed pictures of the property first to the property owner then to the Board. He stated he did not have oversight of the area in which Mariners 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 16, 2005 Way is located until November 2004. He cited the property on November 9, 2004. Therefore, it had only been out of compliance on record for a period of 3 months. Johann Broseno, 714 South Road, took the podium and stated he had the same concerns as Mr. Capp - specifically, having to listen to the diesel truck engine. Chair DeLiso asked whether any of the neighbors who had voiced complaints had spoken to or attempted to contact anyone at the Mariners Way Association as a concerned neighbor. All indicated they had not. Chair DeLiso said Mr. Flex could have corrected some of the problems, had IVlr. Flex known what they were. He said it would not be appropriate for the Board to chastise the Association because this is the first time these problems had been brought to their attention. Chair DeLiso encouraged everyone to exchange contact information and work toward a resolution of the neighboring residents concerns. All agreed to do so. Chair DeLiso asked the length of fence that needed to be replaced. Mr. Flex stated that length is 987 feet according to the latest estimate received. He also stated if anyone knew of a fence contractor that was licensed and insured that would install the fence sooner than the 6-month time frame he had already been given, he would be more than willing to hire them immediately. He stated he was unaware of the neighbors' issues and would work toward a resolution with them. Mr. Capp stated he would begin making phone calls to secure a fence contractor and then provide that information to Mr. Flex. The residents continued to voice their disapproval of the 6-month time extension. Kenneth Hislop, 744 Mariners Way, Vice President, Mariners Way Homeowners Association, took the podium and stated he personally contacted 2 fence contractors. Mr. Hislop wanted the Board to know that one of the contractor's made a promise to provide a quote but never showed up and the other contractor said he did not work with homeowner associations. Mr. Flex clarified for the neighbors the plans the developer originally submitted for Mariners Way indicated a concrete wall. The developer asked for and received a variance from the Planning and Development Board to put up a wooden fence. The homeowners association submitted a site plan modification to the Planning & Zoning department to install a chain link fence. He does not know whether it would be approved and would install whatever type of fence was approved. Notion Based on the Testimony and evidence presented in Case No. 04-2470, Mr. Foot moved that this Board find that Mariners Way Association l~nc., et al is in violation of City of 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 16, 2005 Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violations on or before August 16, 2005. The Board has considered the gravity of the violations, 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 $100.00 per day plus Administrative Costs shall be imposed for each day the violations continue past August 16, 2005. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed 5-0. Case #04-2884 Property Address: Violation(s): Gertrude Belizaire 618 NE 2nd Street CH15-ART. IX-15-120(D) INC., FBC 2001 ED BBA 104.1.1, PT3- LDR. CH2., SEC.4.J.1, 20-6 BBC of ORD., and 20-8 OCCUPYING PRIVATE PROP. Cut front hedges to below 4 feet. Remove all outside storage and trash. Remove R/V and trailer in baclo/ard that people have been living in. Get permit or remove room addition in back of house. Sr. Code Officer Melillo reported that this case originated as a citizen complaint through the Police Department. The initial inspection was completed on December 23, 2004 and the property owner was given ::[5 days to comply. The certified letter was signed for on February 4, 2005. The owner had visited the Code Compliance Office on several occasions to speak with Staff. Sr. Code Officer Meliilo distributed pictures first to the property owner then to the Board. Gertrude Belizaire, 618 NE 2nd Street, took the podium and pled no contest. Ms. Belizaire stated that she had been ill since December 14th and asked for an additional 3 months in order to bring the property into compliance. The tenants who had been living in the trailer moved approximately 1 month prior. She informed the Board some of the other issues had been resolved and she was getting assistance from members of her church to fix the remaining violations. Chair DeLiso asked Ms. Belizaire if she would be able to remove all the trash and debris. She confirmed that she would. Sr. Code Officer Melillo clarified the pictures he distributed showed both room additions - one of which was only partially completed. The additions were on both corners of the Meeting Minutes Code Compliance Board Boynton Beach, Florida February 16, 2005 home. He commented that the completed addition had not been permitted. IVls. Belizaire clarified that the addition was completed in 1992 and she had obtained all the proper permits at that time. Hurricane Jean destroyed one of the additions and she moved the items it had contained to the small trailer in her back yard. She informed the Board the addition is not a room but more of a storage area. She would provide the paperwork to the Code Compliance Division to prove permitting. Ms. Cook asked whether the refrigerator that was shown in the pictures was still located on the front porch. Ms. Belizaire clarified that the refrigerator had been taken out of the home in order to clean it and was put back into the home after the pictures had been taken. She also confirmed the hedges had been cut to Code. Chair DeLiso asked the Board to consider breaking up the violations in order to assist Ms. Belizaire in resolving the issues within a timeframe she would be able to meet. Motion Based on the Testimony and evidence presented in Case No. 04-2884, Ms. Cook moved that this Board find that Gertrude Belizaire is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before March 18, 2005 for the violations as follows: ensuring the hedges have been cut, storage and trash are removed, R/V and trailer in the back yard are either removed or permitted. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and herby 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 violations continue past March 18, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that passed 5-0. Motion Based on the Testimony and evidence presented in Case No. 04-2884, Ms. Cook moved that this Board find that Gertrude Belizaire is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before May 17, 2005 for the violations as follows: removal of the room additions or obtaining permits for them. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and herby 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 violations continue past May 17, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that passed 5-0. 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 16, 2005 Case #04-2857 Property Address: Violation(s): Michael S. Sr. and Erma L. Parker 3109 SE Ist Court CH 1S-ART. TX- 15-120(D) TNC. Re-sod lawn or water it to obtain a uniform green appearance. Code Officer Pierre reported this property was a single-family residence. The case originated as a result of a routine inspection. Michael and Erma Parker, 3109 SE Ist Court, took the podium and pled no contest. Mr. Parker asked for a 30-day time extension in order to bring the property into compliance. He commented that he had been trying to contact the Faith-Based CDC by phone but had not been able to get anyone to answer. Chair DeLiso asked for Sr. Code Officer Cain, who also works at the Faith-Based CDC, to ensure the phone system was working. He instructed the Parkers to go to the CDC office instead of waiting to reach them by phone. Mr. Parker informed the Board he had placed sod in the front yard but needed to sod the left side of the driveway. He would require financial assistance in order to complete the project. Motion Based on the Testimony and evidence presented in Case No. 04-2857, Ms. Carroll moved that this Board find that Michael S. Parker, Sr. and Erma L. Parker are in violation of the City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violation on or before March 18, 2005. The Board has considered the gravity of the violation by Respondents, 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 March 18, 2005. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property and to verify compliance with this Order. Ms. Cook seconded the motion that passed 5-0. Case #04-2882 Property Address: Violation(s): Bathol Saintely 179 SE 27th Place CH 15-ART. IX- 15-120(D) TNC. Sod front yard and remove unregistered/inoperable vehicle off property. 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 16, 2005 Code Officer Pierre reported this property was a single-family residence and the sod violation had been complied. Barthol Saintely, 179 SE 27th Place, took the podium and pled no contest. He confirmed that he had previously appeared before the Board for different violations. He requested an additional 30 days in order to allow enough time to send the car to Haiti. He confirmed that he would not be registering the car. I~lotion Based on the Testimony and evidence presented in Case No. 04-2882, Mr. Foot moved that this Board find that Barthol Saintely is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violation on or before March 18, 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 of $50.00 per day plus Administrative Costs shall be imposed for each day the violation continues past March 18, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Vice Chair Costantino seconded the motion that passed 5-0. Case #04-2652 Property Address: Violation(s): John and June Trach 2623 North Lake Drive FBC 2001 ED BBA 104.1.1. See copy of Red Tag dated 11/19/04. Second floor balcony extended without permit. Sr. Code Officer Webb reported this property was a single-family homesteaded property. This case originated as a Red Tag from the Building Department and the initial inspection was completed on November 29, 2004. A written notice was issued giving 10 days to comply. Certified mail was sent on February 1, 2005 and was signed on February 4, 2005. John Trach, 2623 Lake Drive North, took the podium and pled no contest. He explained he needed to obtain another architect because the contractor he originally hired did not complete the process correctly. Mr. Trach confirmed that this was a 7- foot extension. Mr. Webb clarified he did not see any safety hazard with the completed extension. Sr. Code Officer Webb distributed a picture first to the property owner then to the Board. 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 16, 2005 t4otion Based on the Testimony and evidence presented in Case No. 04-2652, Ms. Carroll moved that this Board find that John and June Trach are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violations on or before May 17, 2005. The Board has considered the gravity of the violations, 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 May 17, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that passed 5-0. Mr. Foot asked if the balcony extension would present a safety hazard if it were loaded with people. Sr. Code Officer Webb stated the Building Department would have to answer Mr. Foot's question. Case #04-2655 Property Address: Violation(s): Patel Anand LLC 600 Lakeside Harbor CH 15-ART.l~X-15-120(D)1 INC., and 13-16 BBC of ORD. Remove all loose trash and debris. Remove all inoperable and unlicensed vehicles. Obtain an occupational license for rental property. Sr. Code Officer Webb reported this property was a multi-family homesteaded property. The initial inspection was completed on November 29, 2004. A written notice was issued giving 15 days to comply. Certified mail was sent on _]anuary 26, 2005 and was signed on January 28, 2005. Charles Dale, attorney representing the LLC, 414 NE 4m Street, Ft. Lauderdale, took the podium and stated Mr. Patel had been injured approximately one week prior at a service station on the Turnpike when he was returning from Orlando. His injuries prevented him from being able to attend the meeting. Mr. Dale stated Mr. Patel was issued the occupational license but did not have a copy to show the Board because it had been mailed to the property rather than to the business office. The City confirmed with Mr. Dale that a duplicate had been mailed to the correct address but it had not been received by the time of the meeting. Mr. Dale pled no contest to the other violations and asked for an additional 30 days in order to bring the property into compliance. :It was his understanding there was only one vehicle that needed to be 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 16, 2005 removed. He had spoken with the owner of the vehicle, who was the previous property owner, that day and instructed him to remove the vehicle or it would be towed. Sr. Code Officer Webb confirmed appearance violations do not prevent someone from obtaining an occupational license. Motion Based on the Testimony and evidence presented in Case No. 04-2655, Ms. Carroll moved that this Board find that Patel Anand LLC are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violation on or before March 18, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violation 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 March 18, 2005. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that passed 5-0. Case #04-2716 Property Address: Violation(s): Doris A. Grover 2321 NE 4th Street CH 15-ART.]X-15-120(D)1.E, and CHAPTER 20 SEC. 8 E-16. Sod areas void of grass. Place 4- inch house numbers on building. Sr. Code Officer Webb reported this property was a single-family homesteaded property. The initial inspection was completed on December 6, 2004. A written notice was issued giving 30 days to comply. Certified mail was sent on .lanuary 10, 2005 and was returned signed on .]anuary 15, 2005. Doris Grover, 2321 NE 4th Street, took the podium and pled not guilty. She stated that the house numbers were displayed at the time of the inspection. The bare areas in the front yard were due to loose bulk trash not having been picked up by the City. The trash was placed there approximately 3 months prior but the City had not picked it up as of the time of the meeting. She stated that when the scoop truck does pick up bulk trash, very often it digs a hole in the ground. She did not feel that this was her fault. Code Compliance Administrator Blasie clarified if the loose trash were discarded properly, the scoop truck should not have to dig a hole in the ground in order to pick it up. He stated typically, if foliage is discarded and kept loose, it was possible the scoop would leave a hole in the ground. He suggested she contact Public Works to see if they would fill the hole. ]:t was possible they might fill it once and he would provide her with 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 16, 2005 the proper contact phone number. However, the City would not be responsible for placing sod in the area. Chair DeLiso asked if Ms. Grover would be financially able to place the sod and she indicated it was a small area and she should not have a problem doing so. She indicated her neighbors use the opposite corner of her lawn to dump their trash as well and she has had to place sod in the area prior. She asked for a Hispanic translator to inform her neighbors about the proper area and method of disposing their waste. Several Code Officers offered their assistance. Ms. Grover asked if the Faith-Based CDC could assist her with the hole in her sprinkler system. Chair DeLiso informed her he did not know whether they could, but she should contact them to find out what assistance they could offer. Notion Based on the Testimony and evidence presented in Case No. 04-2716, Vice Chair Costantino moved that this Board find that Doris A. Grover is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violation on or before April 17, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violation 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 April 17, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that passed 5-0. Lien Certification Case #04-2246 William Ganoe 418 NWl1m Avenue Code Officer Pierre reported that the notice of violation had been issued on September 29, 2004. A Code Compliance Board hearing was held on November 18, 2004 and the Respondent did not appear. A compliance date of December 17, 2004 was set by the Board along with a fine in the amount of $100.00 per day plus administrative costs if the violation was still in existence beyond that date. Code Officer Pierre advised that the property complied on February 15, 2005 and the number of days of non-compliance was 59 days. William Ganoe, 9605 Peyton Court, Boynton Beach, took the podium and stated he received the Writ of Possession and the Sheriff's Department physically evicted the tenant from the property. The tenant had been given access to the property in order to remove her belongings and both sides of this duplex are now empty. He understood 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida February :~6, 2005 that an occupational license was not required unless he decided to rent the property again. He commented he mowed the lawn, and trimmed the hedges and trees. He asked the Board to consider that the tenant had been in the property for approximately 30 years and it had been a difficult process to get her removed in order to make the necessary repairs. She was evicted one week prior but he was allowing her time to get more of her belongings. Mr. Ganoe had applied for an occupational license but was denied it because of the condition of the home. He is aware that he cannot rent the property until the occupational license is issued. Chair DeLiso asked for the reasons why the property was in non-compliance for 59 days. Mr. Ganoe explained that it was because of the length of time it took to process the eviction through the judicial system. He explained that the tenant originally agreed to move out on a specific date but didn't and he had to take her to court to evict her. Mr. Foot said although there were mitigating circumstances with the tenant situation, the appearance of the property was a continuing issue that Mr. Ganoe may have had some control over, and suggested that the costs for the 5 inspections totaling $480.15 was a reasonable amount but to overlook any daily rate assessment. Mr. Ganoe said he took care of the yard violations before the last hearing in December. Code Officer Pierre stated he was called at the last minute before that hearing but confirmed it was in compliance. Mr. Ganoe stated that he either owns or manages over 300 properties. When this case first started, the hurricanes had just hit and he was busy taking care of the major damage the other properties had sustained. Code Officer Pierre stated the only issue that held up this case was the occupational license. Code Officer Pierre stated he wanted Mr. Ganoe to take the Board's warning seriously and not wait until the last minute to take care of any violations. He was asked to allow a reasonable amount of time to schedule any inspections with the Code Compliance Division. Motion Based on the testimony and evidence presented in Case No. 04-2246, Ms. Cook moved that this Board find that the Respondent has complied with this Board's Order dated November 18, 2004, and having considered the gravib/of the violations, the actions taken by the Respondent, that this Board impose and certi~ a fine in the amount of $00.00. Vice Chair Costantino seconded the motion that passed 5-0. 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida Februa~ 16,2005 Reduction of Fine Case No. 02-603 Bradley Stocker 148 SW 14th Avenue Code Administrator Blasie stated this case was part of another case involving the same Respondent and property - Case No. 03-1008. Code Administrator Blasie reported that this case was originally cited on March 13, 2002 for violations of the Florida Building Code that involved permits to enclose a garage/carport into a habitable living space. Mr. Stocker appeared at the May 15, 2002 Code Compliance Board hearing and a compliance date of August 14, 2002 was set or be fined $25.00 per day plus administrative costs. The property complied on .lanuary 27, 2005 resulting in fines of $22,400.00 and administrative costs of $538.09. Mr. Blasie distributed pictures first to the Respondent and then to the Board. He stated the pictures reflected the work cited in Case No. 03-1008. He reminded the Board this case was in two parts, this one being the permitting issues for the enclosure. The Respondent had permits pulled and was in the process of converting the room into what it was originally designed to be. Mike Snetzler, took the podium and explained he had appeared before the Board at the Code Compliance Board hearing on December 23, 2004 in reference to another property he had purchased from Mr. Stocker. At that time, he explained to the Board he was unaware that there were several large liens and judgments that had been assessed. Because he did not use a legal title company in doing his title search before taking possession of the title, he was incurring the risk associated with those items. Because the liens and judgments are associated with Mr. Stocker's name and not individual the properties, Mr. Snetzler was not allowed to close on any of the Stocker properties until the fines were paid. Mr. Snetzler presented a Settlement Statement from Acoustic Home Loans, Inc. that itemized the liens and judgments assessed to Mr. Stocker. They include a child support delinquency of $11,446.72, damages to Gulfstream Lodge of $5,379.61, and Code Liens of $36,964.36. (Ns. Cook/eft the meeting at 8:37 p.m.) Motion Based on the testimony and evidence presented in Case No. 02-603, and havinq been advised that the Respondent has complied with all lien reduction procedures set ~orth 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. 02-603, by virtue of this 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 16, 2005 Board's Order of May 15, 2002, to an amount of $1538.09, which includes Administrative Costs. Vice Chair Costantino seconded the motion that passed 4-0. (Ns. Cook returned to the meeting at $:39 p.m.) Case No. 03-1008 Bradley Stocker 148 SW 14th Avenue Code Administrator Blasie reported this case involved violations to the Appearance Code and failure to have an occupational license to rent the property. The appearance code had been corrected and the property is currently vacant. The fines incurred were $12,450.00 and $730.15 for administrative costs. Motion Based on testimony and evidence presented in Case No. 03-1008, 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 Cib/of Boynton Beach code of Ordinance, Vice Chair Costantino moved that this Board reduce the fines instituted in Case No. 03-1008, by virtue of this Board's Order of June 18, 2003, to an amount of $730.15, which are the Administrative Costs. Ms. Cook seconded the motion that passed 5-0. Code Administrator Blasie reminded Mr. Snetzler there would be a Code Compliance Board hearing on February 24th and he would need to attend in order to address the outstanding issues with the other Stocker properties. Mr. Snetzler stated he understood. New Cases to be Heard Attorney Tolces administered the oath to those people who arrived to the meeting late. Case #04-2759 Property Address: Violation(s): Ellington & Shirline Beckles 310 NW 16th Court CH 15-ART. TX-15-120(D) TNC., CH15-ART.TX-15-120(E) INC, and 10-52 BBC of ORD. Remove all inoperable vehicles from the property. Mow and trim all overgrown yard areas. Deteriorated roofing, somts, and fascia need to be repaired. Building needs to be painted. Sr. Code Officer Lewis reported this property was a single-family property. The initial inspection was completed on December 9, 2004. A written notice was provided and the 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 16, 2005 Respondent was given 15 days to comply. Certified mail was returned signed on January 13, 2005. Sr. Code Officer Lewis stated the Respondent was a repeat offender. Ellington Beckles, 310 NW 16th Court~ took the podium and pled no contest. He requested an additional 30 days to bring the property into compliance. He understood the trim needed to be painted but was unsure what other items were still outstanding. Sr. Code Officer Lewis stated that soffits on the 2nd story needed to be repaired and painted. Painting also needs to be completed in areas where the stucco is missing paint. Mr. Beckles stated he had arranged for a mason to design square corners on both the 1St and 2nd stories and the mason was scheduled to begin the following week. The soffit damage was due to the recent hurricanes and he was delayed in getting repairs made because he was waiting for payment from the insurance company. The insurance company notified him they had declared bankruptcy as a result of the hurricane damage payouts and would be delayed in getting the money to him. Mr. Beckles had an issue with the City's notification system and confused violations between the property on which his residence was located and the lot next door. He stated he had not understood on what property the violations were. Chair DeLiso commented he should contact the Code Compliance office and ask for assistance. Mr. Beckles stated he understood. Sr. Code Officer Lewis reminded Mr. Beckles this particular case was for the violations concerning the property where the residence is located but that he would also be issuing violation notices for the lot as well. Sr. Code Officer Lewis asked about the status of the van located on the property. Mr. Beckles stated the vehicle is in good condition and is registered with a valid tag. r-lotion Based on the Testimony and evidence presented in Case No. 04-2759, Vice Chair Costantino moved that this Board find that Ellington & Shirline Beckles are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violation on or before March 18, 2005. The Board has considered the gravity of the violations, 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 $75.00 per day plus Administrative Costs shall be imposed for each day the violation continues past March 18, 2005. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that passed 5-0. Case #04-2890 Property Address: Gregory D. Sponburgh 2132 NE 3rd Street 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 16, 2005 Violation(s): CH 15-ART.[X-15-120(D) iNC., 10- 2 and 10-52 BBC of ORD., and CH 10-ARTII-SEC10-30. Remove all junk, metal debris, trailer, inoperable vehicles and trash from the property. Outdoor storage needs to be removed. Sr. Code Officer Webb reported this property was a single-family property. The initial inspection was completed on December 29, 2004 and the Respondent was a repeat offender. Greg Sponburgh, 2132 NE 3rd Street, took the podium and pled not guilty. He stated he received a notice indicating the property was in compliance dated December 6, 2004. He assumed that the property was in compliance. Sr. Code Officer Lewis stated Mr. Sponburgh was reading an affidavit for another property indicating that it was in compliance. This was the first time Sr. Code Officer Lewis had oversight of this property and the first time the violations have come before him. Mr. Sponburgh asked for an additional 30 days to bring the property into compliance. He confirmed he had removed the inoperable vehicles. The metal and debris being stored on the property were from the hurricanes and he would remove it. Motion Based on the Testimony and evidence presented in Case No. 04-2890, Ms. Carroll moved that this Board find that Gregory D. Sponburgh is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before March 18, 2005. The Board has considered the gravity of the violations, 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 of $100.00 per day plus Administrative Costs shall be imposed for each day the violations continue past March 18, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Vice Chair Costantino seconded the motion that passed 5-0. Case #04-2891 Property Address: Violation(s): Richard K. & Sherri L. Guthrie 2126 NE 3rd Street CH 15-ART.IX-15-120(D) :ZNC., 10- 52 and 10-52(A) BBC of ORD., and CH 10-ART~]-SEC10-30. 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 16, 2005 Remove all junk cars, auto parts, trash, debris, and trailers from the property. Re-sod dead areas of the yard and swale. Clean carport of outdoor storage. Sr. Code Officer Lewis reported this property was a single-family property. The initial inspection was completed on December 29, 2004 and the Respondent was a repeat offender. Sr. Code Officer Lewis distributed an email he received from Lt. Luke Henderson, Boynton Beach Fire Department. The email referenced complaints neighbors made about kids burning tires with a cutting torch. The memo explained the Fire Department responded to the complaint but did not find tires being burned, only 2 young men cutting up a car with a cutting torch. The young men said they were cutting up the car so that it could be removed from the premises. Lt. Henderson asked Sr. Code Officer Lewis to look into the situation to determine if there was anything that the Code Compliance Division could do to address the concerns of the neighbors. Justin Guthrie, son of the property owners, 2126 NE 3rd Street, took the podium and pled no contest. He stated there were 3 old cars in the yard that he had to cut up in order to remove them from the premises. He stated that there was no longer any debris or storage on the property and the yard had been cleaned. The only thing in the yard was new fencing and PVC for a sprinkler system, which had been damaged during the recent hurricanes. He requested an additional 60 days in order to install the fencing, sprinkler system, and re-sod the yard. Sr. Code Officer Lewis cautioned IVlr. Guthrie that the fencing and sprinkler system would need to be permitted before installation. Mr. Guthrie stated he understood. Notion Based on the Testimony and evidence presented in Case No. 04-289:~, Ms. Carroll moved that this Board find that Richard K. & Sherri L. Guthrie are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violations on or before April 17, 2005. The Board has considered the gravity of the violations, 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 $100.00 per day plus Administrative Costs shall be imposed for each day the violations continue past April 17, 2005. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Vice Chair Costantino seconded the motion that passed 5-0. Sr. Code Officer Lewis reminded Mr. Guthrie that cutting up cars in a residential neighborhood is illegal. The Board cautioned Mr. Guthrie if he were to do it again, a 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 16, 2005 Cease and Desist Order would be issued and fines would be incurred immediately without a further Code Compliance Board hearing. Mr. Guthrie stated the vehicles had been stored on the premises by his parents for approximately 13 years. He did them a favor by cutting them up and removing them from the property. He stated he would never again have reason to cut up vehicles on the premises and understood it was illegal and that the Cease and Desist Order would be issued. Case No. 04-1991 3an & Renold Dubique 3140 E. Atlantic Drive Code Officer Pierre reported this case was originally cited on August 17, 2004 involving permit and inspections for a replacement window and driveway extension. There was a Code Compliance Board hearing on November 17, 2005 and no one appeared. At that hearing a compliance date was set for December 17, 2004 or be fined $25.00 per day. The violation still exists. .lan Dubique, 3140 E. Atlantic Drive, took the podium and stated he replaced a window that was damaged in the recent hurricanes. He said that he was not aware he needed a permit. He informed the Board the driveway had not been extended. When the violation was brought to his attention, he tried to gain a permit. He then found out there had been modifications made to the home that were not permitted. He had owned the property only for the last year. They no longer reside at this location. He hired an architect to obtain the permits but the architect's original plans had been denied by the Planning Department and required revisions. Mr. Dubique thought the architect would be able to resolve the issues and obtain the permits within the next 90 days. Motion Vice Chair Costantino moved that Case No. 04-1991 be tabled until the Code Compliance Board Meeting to be held on May 18, 2005. Ms. Cook seconded the motion that passed 5-0. Case No. 03-2078 Renan & Iva C. Laurore 504 NW 12m Avenue Code Officer Pierre stated the property was originally cited on July 11, 2003. A Code Compliance Board hearing was held on February 18, 2004 and the Respondent appeared. A compliance date was set for May 18, 2004 or a fine of $25.00 per day. The Respondent complied February 16, 2005. Chair DeLiso asked why it took so long for the property to come into compliance and Renan Laurore took the podium and stated he was renovating the property during the time the hurricanes hit. The roof and several walls had to be replaced. 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida February ~6,2005 Code Officer Pierre stated the occupational license is no longer an issue because the property is vacant. He clarified the Respondent had several issues with a variety of contractors, one of which accepted payment for services then did not follow through on completing any of the work. There were no pictures taken because the work was on the interior of the property. Code Officer Pierre requested the Board consider certifying a fine of $0.00. Notion Based on the testimony and evidence presented in Case No. 03-2078, Ms. Carroll moved that this Board find that the Respondents have complied with this Board's Order dated February 18, 2004, and having considered the gravity of the violations, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $0.00. Vice Chair Costantino seconded the motion that passed 5-0. Cases to be Heard New Case #04-2679 Property Address: Violation(s): Richard & Cathy Barnes 230 and 226 SW 6th Street CH 15-ART.IX-15-120(D) :[NC., 13- 16 BBC of ORD., FBC 2001 ED BBA 104.1.1, and PT3-LDR. CH20- VT]T.SEC2.H. All units must have an occupational license. Permits are required on repairs made on flat deck in rear of the units. Units must be free and clean of rodents and other vermin at all times. Repair or replace fence in rear yard. All mold and mildew must be removed. Code Officer Cain stated the City recommended a compliance date of March 18, 2005. Motion Based on the Testimony and evidence presented in Case No. 04-2679, Vice Chair Costantino moved that this Board find that Richard & Cathy Barnes are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violations on or before March 18, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that il= 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 violations continue past March 18, 2005. The 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 16, 2005 Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that passed 5-0. Case #05-0120 Property Address: Violation(s): Donald H. & Deborah L. Thomas 411 NWIst Avenue 10-2 BBC of ORD. Contain all trash and debris (large vegetation pile) and dispose of properly. Code Officer Guillaume stated the City recommended a compliance date of February 26, 2005. Notion Based on the Testimony and evidence presented in Case No. 05-0120, Ms. Cook moved that this Board find that Donald H. & Deborah L. Thomas are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violation on or before February 26, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violation 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 violations continue past February 26, 2005. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Vice Chair Costantino seconded the motion that passed 5-0. Case #04-2860 Property Address: Violation(s): Three Hundred Block A Homeowners Assn Inc. Meadows Drive CH 1S-ART.IX- 1S- 120(D) 1 INC. Maintain common area along Congress Avenue. Remove all trash, debris and dead trees. Replace sod where grass is dead. Code Officer Laverdure stated the City recommended a compliance date of March 18, 2005. Motion Based on the Testimony and evidence presented in Case No. 04-2860, Ms. Cook moved that this Board find that Three Hundred Block A are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 16, 2005 violations on or before March :18, 2005. The Board has considered the gravity of the violations, 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 violations continue past March :18, 2005. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Vice Chair Costantino seconded the motion that passed 5-0. Case #04-2870 Property Address: Violation(s): Thomas C. Hill 610 NE 15th Place FBC 2001 ED BBA 1041.1, 104.5, 105.6, and 104.7.5. See copy of Red Tag. Permits and inspections required for entire remodel of residence. Code Officer Guillaume stated the City recommended a compliance date of March :18, 2005. Motion Based on the Testimony and evidence presented in Case No. 04-2870, Mr. Foot moved that this Board find that Thomas C. Hill is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before March 18, 2005. The Board has considered the gravity of the violations, 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 of $25.00 per day plus Administrative Costs shall be imposed for each day the violations continue past March :18, 2005. The Respondents is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that passed 5-0. Case #04-2892 Property Address: Violation(s): Farhan Khan & Faisal M. Hassan 2111 NE 3rd Street 10-2 BBC of ORD., and CH15- ART.]:X-15-120(D) ]:NC. How and de-weed yard and swale area. Remove all trash, debris, and discarded items. Re-sod dead areas of the yard and swale. 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 16, 2005 Sr. Code Officer Lewis stated the City recommended a compliance date of March 18, 2005. Motion Based on the Testimony and evidence presented in Case No. 04-2892, Ms. Cook moved that this Board find that Farhan Khan & Faisal M. Hassan are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violation on or before March 18, 2005. The Board has considered the gravity of the violations, 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 violations continue past March 18, 2005. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Vice Chair Costantino seconded the motion that passed 5-0. Case #04-2900 Property Address: Violation(s): Connie & Joseph Defeo, Jr. 825 Ocean Inlet Drive FBC 2001 ED BBA 104.1.1, and FBC 2001 ED 105.6. Obtain a permit and inspections for your bathroom remodel, railing and door opening. Sr. Code Officer Lewis stated the City recommended a compliance date of March 18, 2005. Motion Based on the Testimony and evidence presented in Case No. 04-2900, Ms. Carroll moved that this Board find that Connie & .Joseph Defeo, .Ir. are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violation on or before March 18, 2005. The Board has considered the gravity of the violations, 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 violations continue past March 18, 2005. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that passed 5-0. Case #05-0014 Property Address: Bruce A. & Ellen I. Hoffman 141 NE 17th Avenue 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 16, 2005 Violation(s): 13-16 BBC of ORD. and CH15- ART.IX-15-120(D) INC. Rental property requires an occupational license. Yard needs to be mowed, de-weeded, and sod installed in dead areas of the front yard. Sr. Code Officer Lewis stated the City recommended a compliance date of March 18, 2005. Hotion Based on the Testimony and evidence presented in Case No. 05-0014, Vice Chair Costantino moved that this Board find that Bruce A. & Ellen 1~. Hoffman are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violation on or before March 18, 2005. The Board has considered the gravity of the violations, 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 violations continue past March :[8, 2005. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that passed 5-0. Case #04-1421 Property Address: Violation(s): Crystal Key at Woolbright Place SW 8th Street (160 Crystal Key Way) PT3-LDR. CHAPTER 4 SEC. 11 and PT3-LDR.CHT.5-II.SEC5.B. Restore your preserve area to site plan. Copy of original plan is in the Building Department. Sr. Code Officer Melillo reported this case originated as a citizen complaint. The Respondents submitted a letter from the homeowners association that included a time frame indicating when they would be able to comply. The association met with Kevin Hallahan, a Forester Environmentalist, to inspect the preserve area. ~[t was discovered there were items that had been removed that shouldn't have been and other areas that required extensive ecological cleaning. The restoration would be a long-term, expensive process and the association requested a compliance date of November 17, 2005. The project would involve complete restoration of the berm and preserve areas and would be completed in phases. 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 16, 2005 I~lotion Based on the Testimony and evidence presented in Case No. 04-1421, Ms. Cook moved that this Board find that Crystal Key at Woolbright Place are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violations on or before November 17, 2005. The Board has considered the gravity of the violations, 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 $100.00 per day plus Administrative Costs shall be imposed for each day the violations continue past November 17, 2005. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that passed 5-0. Case #05-0151 Property Address: Violation(s): :irene 3ordan 706 NE 7th Avenue CH 15-ART. TX- 15-120(D) TNC. Remove or register your white Oldsmobile 4-door. Mow your yard and keep it mowed on a regular schedule. Remove all trash. Sr. Code Officer Melillo stated the City recommended a compliance date of February 26, 20O5. t4otion Based on the Testimony and evidence presented in Case No. 05-0151, Vice Chair Costantino moved that this Board find that :Irene .lordan is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violation on or before February 26, 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 of $25.00 per day plus Administrative Costs shall be imposed for each day the violations continue past February 26, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed 5-0. Case #05-0166 Property Address: Violation(s): Biana H. Jones 221 NW 5th Court: CH 15-ART.:IX- 15-120(D) :iNC. Remove all unregistered inoperable cars, trash, debris and cut overgrowth. 28 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 16, 2005 Sr. Code Officer Melillo stated the City recommended a compliance date of February 26, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-0166, Vice Chair Costantino moved that this Board find that Biana H. Jones is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violation on or before February 26, 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 of $25.00 per day plus Administrative Costs shall be imposed for each day the violations continue past February 26, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed 5-0. Case #04-2794 Property Address: Violation(s): Dennis & Mary E. Cavagnaro 507 SE 20~h Court CH 15-ART.:[X- 15-120(D) :[NC. Sod bare spots in yard. Water lawn to obtain a uniform green appearance Code Officer Pierre stated the City recommended a compliance date of March 18, 2005. Motion Based on the Testimony and evidence presented in Case No. 04-2794, Vice Chair Costantino moved that this Board find that Dennis & Mary E. Cavagnaro are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violation on or before March 18, 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 violations continue past March 18, 2005. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that passed 5-0. Case #04-2795 Property Address: Violation(s): Michael C. Kirk 404 SE 20th Court CH 1S-ART.:[X- 1S- 120(D) :[NC. Sod swale. 29 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 16, 2005 Code Officer Pierre stated the City recommended a compliance date of March 18, 2005. Motion Based on the Testimony and evidence presented in Case No. 04-2795, Vice Chair Costantino moved that this Board find that Michael C. Kirk is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violation on or before March 18, 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 of $25.00 per day plus Administrative Costs shall be imposed for each day the violation continue past March 18, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that passed 5-0. Case #04-2881 Property Address: Violation(s): Edward A. & Catherine S. Siska 3615 SE 2nd Street FBC 2001 ED BBA 104.1.1 Remove canopy or obtain a permit for the canopy. Code Officer Pierre stated the City recommended a compliance date of February 26, 2005. I~lotion Based on the Testimony and evidence presented in Case No. 04-2881, Ms. Cook moved that this Board find that Edward A. & Catherine S. Siska are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violation on or before February 26, 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 violations continue past February 26, 2005. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Vice Chair Costantino seconded the motion that passed 5-0. Case #05-0023 Property Address: Violation(s): Japheth & Alice M. Rolle 516 NW 13th Avenue CH 15-ART.:ZX- 15-120(D) ZNC. 30 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 16, 2005 Remove all unregistered vehicles from property, or register vehicle to comply with City Codes. Sr. Code & Rehab Officer Roy stated the City recommended a compliance date of February 26, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-0023, Vice Chair Costantino moved that this Board find that .lapheth & Alice M. Rolle are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violation on or before February 26, 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 violations continue past February 26, 2005. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that passed 5-0. Case #05-0024 Property Address: Violation(s): Marjorie Bell NW 13th Avenue PT3-LDR.CH2.SEC.5.F.1 Vacant lot east of 512 NW :L3th Avenue. Outside storage of automobiles is prohibited in a residential zone. Remove all vehicles from vacant lot. Sr. Code & Rehab Officer Roy stated the City recommended a compliance date of February 26, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-0024, rvls. Cook moved that this Board find that Marjorie Bell is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violation on or before February 26, 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 of $50.00 per day plus Administrative Costs shall be imposed for each day the violations continue past February 26, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- 31 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 16, 2005 inspection of the property to verify compliance with this Order. Vice Chair Costantino seconded the motion that passed 5-0. Case #05-0169 Property Address: Violation(s): Alton & Ruthie Banks 430 NW 5th Avenue CH 15-ART.IX- 15-120(D) INC. Remove all trash and debris. Remove all unregistered inoperable vehicles from property. Sr. Code & Rehab Officer Roy stated the City recommended a compliance date of March 18, 2005. I~lotion Based on the Testimony and evidence presented in Case No. 05-0169, Ms. Cook moved that this Board find that Alton & Ruthie Banks are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violation on or before March 18, 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 violations continue past March 18, 2005. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Vice Chair Costantino seconded the motion that passed 5-0. Case #04-2786 Property Address: Violation(s): 3oseph F. Garcon 2451 NW 2nd Street CH15-ART.IX-15-120(D)1 INC., 13- 16 BBC of ORD., and CHAPTER 20, SEC.8 E-16. Sod all areas in yard and swale void of grass. Place 4-inch house numbers on building visible from adjacent street. An occupational license is required for rental property. Sr. Code Officer Webb stated the City recommended a compliance date of March :[8, 2005. 32 Meeting Minutes Code Compliance Board Boynton Beach, Florida February :1.6, 2005 Notion Based on the Testimony and evidence presented in Case No. 04-2786, Ms. Cook moved that this Board find that Joseph F. Garcon is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violation on or before March 18, 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 of $25.00 per day plus Administrative Costs shall be imposed for each day the violations continue past March 18, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Vice Chair Costantino seconded the motion that passed 5-0. Case #04-2777 Property Address: Violation(s): Mary E. Darrell 2510 NW 2nd Street CH 1S-ART. IX- 15-120(D) 1 INC., and CHAPTER 20 SEC. 8 E-16 Sod all areas void of grass in yard and swale. Remove all unlicensed and inoperable vehicles from yard. Place 4-inch house numbers on building visible from adjacent street. Sr. Code Officer Webb stated the City recommended a compliance date of March 18, 2005. Motion Based on the Testimony and evidence presented in Case No. 04-2777, Vice Chair Costantino moved that this Board find that Mary E. Darrell is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violation on or before March 18, 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 of $25.00 per day plus Administrative Costs shall be imposed for each day the violations continue past March 18, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that passed 5-0. Case #05-2778 Property Address: Violation(s): Ashley & Muriel V. Green 2501 NW 2nd Street CH 1S-ART. IX- 15-120(D) 1.E. 33 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 16, 2005 Sod all areas void of grass in yard and swale. Place 4-inch house numbers on building visible from adjacent street. Sr. Code Officer Webb stated the City recommended a compliance date of February 26, 2005. Sr. Code Officer Webb stated the only remaining violation for this case was the 4-inch house numbers. Motion Based on the Testimony and evidence presented in Case No. 04-2778, Ms. Carroll moved that this Board find that Ashley & Muriel V. Green are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violation on or before February 26, 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 violations continue past February 26, 2005. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that passed 5-0. Case #04-2853 Property Address: Violation(s): Constance R. Gooden 70 Miner Road CH15-ART. ZX-15-120(D) INC., and CHAPTER 20 SEC. 8 E-16. Sod yard and swale void of grass. Place 4-inch house number on building visible from adjacent street. Remove all trash and debris. Remove all unlicensed and inoperable vehicles. Sr. Code Officer Webb stated the City recommended a compliance date of March 18, 2005. Motion Based on the Testimony and evidence presented in Case No. 04-2853, Vice Chair Costantino moved that this Board find that Constance R. Gooden is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violation on or before March 18, 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 34 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 16, 2005 with this Order, a fine in the amount of $25.00 per day plus Administrative Costs shall be imposed for each day the violations continue past March 18, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Vice Chair Costantino seconded the motion that passed 5-0. Case #04-2854 Property Address: Violation(s): Nelson A. Heath 501 NE 25th Avenue CH 15-ART.IX- 15-120(D) 1 INC., and 14-3 BBC of ORD. Sod yard and swale wherever dead grass appears. Remove all trash and debris. Remove oversized vehicle from R-1-A zone or a "Cease & Desist" Order will be issued at $250.00 per day. Sr. Code Officer Webb stated the City recommended a compliance date of February 26, 2005. I~lotion Based on the Testimony and evidence presented in Case No. 04-2854, Vice Chair Costantino moved that this Board find that Nelson A. Heath is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violation on or before February 26, 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 of $500.00 per day plus Administrative Costs shall be imposed for each day the violations continue past February 26, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that passed 5-0. Reconsideration of Fine Case No. 04-2563 A. Coleman, 433 NW 5th Avenue. Sr. Code & Rehab Officer Roy stated the Respondent was sent a notice to appear at the hearing in December but it should have been for January. The Respondent did not appear because the date had already passed. The Respondent had been doing some work on this property for which he had obtained permits, as requested. 35 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 16, 2005 Motion Mr. Foot moved to reconsider the decision made on Case No. 04-2563 at the Code Compliance Board hearing held on December 16, 2004. Vice Chair Costantino seconded the motion that passed 5-0. Motion Based on the Testimony and evidence presented in Case No. 04-2563, Mr. Foot moved that this Board find that A. Coleman, .Ir. is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before March 18, 2005. The Board has considered the gravity of the violations, 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 of $25.00 per day plus Administrative Costs shall be imposed for each day the violations continue past March 18, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Motion Vice Chair Costantino moved to rescind the previous Order made. the motion that passed 5-0. Ms. Cook seconded Motion Based on the testimony and evidence presented in Case No. 04-2563, Vice Chair Costantino moved that this Board find that the Respondent has not complied with this Board's Order dated December 15, 2005, and having considered the gravity of the violations, the actions taken 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. The motion was duly seconded that passed 5-0. Lien Certification Sr. Code & Rehab Officer Roy recommended the fo/lowing cases be certified at $25.00 per day: Case No. 04-203Z, Case No. 03-3221, Case No. 04-1963, Case No. 04-2338, Case No. 04-2466. Case No. 04-2037 Daniel C. Clark 318 SW 7th Avenue Motion Based on the testimony and evidence presented in Case No. 04-2037, Vice Chair Costantino moved to 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, that this Board impose and certify a fine in the 36 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 16, 2005 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. Cook seconded the motion that passed 5-0. Case No. 04-3221 Raymond Cedieu 135 Flamingo Drive Motion Based on the testimony and evidence presented in Case No. 04-3221, Vice Chair Costantino moved to find that the Respondent has not complied with this Board's Order dated November 17, 2004, and having considered the gravity of the violations, the actions taken 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 Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Cook seconded the motion that passed 5-0. Case No. 04-1963 Alfred E. & Beverly F. Parker 1931 NE 2nd Lane Motion Based on the testimony and evidence presented in Case No. 04-1963, Vice Chair Costantino moved to find that the Respondents have not complied with this Board's Order dated November 17, 2004, and having considered the gravity of the violations, the actions taken 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 Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Cook seconded the motion that passed 5-0. Case No. 04-2338 Matthew .1. & Dianne Williams 125 SW Ist Avenue Motion Based on the testimony and evidence presented in Case No. 04-2338, Vice Chair Costantino moved to find that the Respondents have not complied with this Board's Order dated December 15, 2004, and having considered the gravity of the violations, the actions taken 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 Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Cook seconded the motion that passed 5-0. Case No. 04-2466 Henry L. Watson 508 NW 9th Avenue Motion Based on the testimony and evidence presented in Case No. 04-2466, Vice Chair Costantino moved to find that the Respondent has not complied with this Board's Order dated December 15, 2004, and having considered the gravity of the violations, the 37 Meeting Minutes Code Compliance Board Boynton Beach, Florida February :1.6, 2005 actions taken 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 Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Iris. Cook seconded the motion that passed 5-0. Sr. Code & Rehab Officer Roy recommended the fo/lowing case be celt/fled at $100.00 per day: Case No. 04-2539 Case No. 04-2539 Shorewalker Homes, LLC 123 NE 11th Avenue Motion Based on the testimony and evidence presented in Case No. 04-2539, Ms. Cook moved to find that the Respondents have not complied with this Board's Order dated January 19, 2005, and having considered the gravity of the violations, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $100.00 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Vice Chair Costantino seconded the motion that passed 5-0. Sr. Code & Rehab Officer Roy recommended the fo/lowing cases be certified at $250.00 per day: Case No. 03-3106, Case No. 04-276~. Case No. 03-3106 Michelle L. Hubbard 1239 Gondola Lane Motion Based on the testimony and evidence presented in Case No. 03-3106, Mr. Foot moved to find that the Respondent has not complied with this Board's Order dated April 21, 2004, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $250.00 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 5-0. Case No. 04-2761 3ohn W. Field, .Ir. 480 Ocean Parkway Motion Based on the testimony and evidence presented in Case No. 04-2761, Mr. Foot moved to find that the Respondent has not complied with this Board's Order dated January 19, 2005, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $250.00 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. IVls. Cook seconded the motion that passed 5-0. 38 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 16, 2005 Sr. Code & Rehab Officer Roy recommended that the fo#owing cases be certified at "No Fine": Case No. 0,t-2032, Case No. 04-042~, Case No. 04-2418, Case No. 04-2254, Case No. 04-2191, Case No. 04-25~6, Case No. 04-2575. Case No. 04-2032 Helen K. Tullos 118 NW 4th Street Motion Based on the testimony and evidence presented in Case No. 04-2032, Mr. Foot moved to 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, that this Board impose and certify a fine in the amount of $0.00 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. Vice Chair Costantino seconded the motion that passed 5-0. Case No. 04-0425 Michelle Lewis 211 NE 28th Court Motion Based on the testimony and evidence presented in Case No. 04-0425, Mr. Foot moved to find that the Respondent has not complied with this Board's Order dated April 21, 2004, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $0.00 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. Vice Chair Costantino seconded the motion that passed 5-0. Case No. 04-2418 Frank & Sharon Smith 2308 SE 4th Street Motion Based on the testimony and evidence presented in Case No. 04-2418, Mr. Foot moved to find that the Respondents have not complied with this Board's Order dated November 24, 2004, and having considered the gravity of the violations, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $0.00 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. Vice Chair Costantino seconded the motion that passed 5-0. Case No. 04-2254 Donald Schaffer 159 Orange Drive Motion Based on the testimony and evidence presented in Case No. 04-2254, Mr. Foot moved to find that the Respondent has not complied with this Board's Order dated December 39 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 16, 2005 15, 2004, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $0.00 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. Vice Chair Costantino seconded the motion that passed 5-0. Case No. 04-2191 Hazel Clemmons 1621 NW 5m Street Motion Based on the testimony and evidence presented in Case No. 04-2191, Mr. Foot moved to find that the Respondent has not complied with this Board's Order dated December 15, 2004, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $0.00 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. Vice Chair Costantino seconded the motion that passed 5-0. Case No. 04-2616 3ohnny Marcandy 2400 NW 2nd Street Motion Based on the testimony and evidence presented in Case No. 04-2616, Mr. Foot moved to find that the Respondent has not complied with this Board's Order dated 3anuary 19, 2005, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $0.00 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. Vice Chair Costantino seconded the motion that passed 5-0. Case No. 04-2675 E&A Acquisition Ltd., et al 300 N. Congress Ave. Motion Based on the testimony and evidence presented in Case No. 04-2675, Mr. Foot moved to find that the Respondents have not complied with this Board's Order dated January 19, 2005, and having considered the gravity of the violations, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $0.00 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. Vice Chair Costantino seconded the motion that passed 5-0. Sr. Code & Rehab Officer Roy recommended the fo//ow/ng cases be tab/ed unt// I~larch 16, 2005: Case No. 04-0033, Case No. 04-18gl. 40 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 16, 2005 Case No. 04-0033 St. Paul AME Church NE 10th Avenue Vice Chair Costantino moved that Case No. 04-0333 be tabled until the Code Compliance Board Meeting to be held on March 16, 2005. Ms. Carroll seconded the motion that passed 5-0. Case No. 04-1891 Chackman Motels, Inc. 706 W. Boynton Beach Blvd. Vice Chair Costantino moved that Case No. 04-189:[ be tabled until the Code Compliance Board Meeting to be held on March 16, 2005. Ms. Carroll seconded the motion that passed 5-0. Sr. Code & Rehab Officer Roy recommended that the follow/ng cases be tab/ed unt// Apr//20, 2005: Case No. 03-2152. Case No. 03-2152 Premier Gateway Center, et al 2051 High Ridge Rd. Vice Chair Costantino moved that Case No. 03-2152 be tabled until the Code Compliance Board Meeting to be held on April 20, 2005. Ms. Carroll seconded the motion that passed 5-0. VIII. Discussion There will be a lien reduction hearing on February 24, 2005. IX. Adjournment Since there was no further business before the Board, the meeting was duly adjourned at 9:45 p.m. Respectfully submitted, Deanna Ewing Recording Secretary (022:~05) 41