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Minutes 03-16-05MIINUTES OF THE CODE COMPLZANCE BOARD MEETTNG HELD ZN THE COMMI'SSI'ON CHAMBERS~ CI'TY OF BOYNTON BEACHf ON WEDNESDAYf MARCH 16,2005 AT 7:00P. M. Present Christopher DeLiso, Chair Michele Costantino, Vice Chair Kathleen Carroll Kathy Cook Robert Foot Lisa Simshauser David Tolces, Assistant City Attorney Scott BlasJe, Code Administrator Code Compliance Officers: Luney Guillaume Skip Lewis Rich Laverdure Mike IVlelillo Vestiguerne Pierre Pete Roy Willie Webb Absent Courtney Cain Call to Order Chair DeLiso called the meeting to order at 7:00 p.m. Approval of Minutes of February 16, 2005 Vice Chair Costantino asked the Board to consider corrections to the subject minutes as follows: Page 10, Case No. 04-2884 should read Gertrude Belizaire. The first motion should read complied by March 18, 2005 for $50.00 per day instead of $25.00 per day. The second motion should read complied by IVlay 17, 2005 for $25.00 per day instead of $50.00 per day. Mr. Foot asked the Board to consider corrections to the subject minutes as follows: Page 4, Case No. 04-2756 states that Mr. DeLiso said to issue a "Cease and Desist" Order should be reworded to say recommending issue of "Cease and Desist". Meeting Minutes Code Compliance Board Boynton Beach, Florida March :16, 2005 Pages 39 and 40, the seven cases should be amended to read with no administrative costs rather than plus administrative costs. Motion Ms. Costantino moved to accept the subject minutes as amended. seconded the motion that passed 6-0. Ms. Cook III. Approval of Agenda Senior Code Compliance Officer Melillo stated that Case No. 03-3113 be tabled until the Code Compliance Board Meeting to be held on May 18, 2005. Motion Vice Chair Costantino moved Case No. 03-3113 be tabled until the Code Compliance Board Meeting to be held on May 18, 2005. Mr. Foot seconded that motion that passed 6-0. Senior Code Officer Melillo stated Case No. 05-179 has been removed. Senior Code Officer Melillo stated the following cases have complied' Case No. 05-210, Case No. 05-362. Senior Code Officer Melillo stated that Case No. 04-2842 be tabled until the Code Compliance Board Meeting to be held on April 20, 2005. Motion Vice Chair Costantino moved that Case No. 04-2842 be tabled until the Code Compliance Board Meeting to be held on April 20, 2005. Ms. Carroll seconded the motion that passed 6-0. Senior Code Officer Melillo stated Case No. 04-2430 has closed. Motion Ms. Costantino moved to accept the agenda as amended. the motion that passed 6-0. Ms. Carroll seconded IV. Swearing in of Witnesses and Introduction Senior Code Officer Melillo called the roll to determine who was present. 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 16, 2005 Assistant City Attorney Tolces administered the oath as required to all persons expected to testify at the meeting. Chair DeLiso explained the Plea System. V. New Business Cases To Be Heard Case # 04-731 Property Address: Violation(s): Thirty-Six Hundred Holding LLC 3629 S Federal Highway PT3-LDR. CHAPTER 4, SEC. 11 and CHAPTER 23, ART. 11.0 FBC 2001 Edition 3401.6 FBC 2001 Edition BBA 104.1.1 Restore Landscaping & Irrigation to the original approved site plan (77-16211). Parking lot spaces to be marked as the most recent approved parking plans show (02-1237). All potholes need to be repaired on site. Senior Code Compliance Officer Skip Lewis reported the initial inspection date was April 1, 2004. Don Thomas and Amy Smith appeared on IVlay 19, 2004 and their compliance date was August 17, 2004 at $50.00 per day. The violation still exists at 210 days. Attorney Thomas Robes, 1200 North Federal Highway, of the law firm Carter & Thomas, who was representing his client explained that the mall had numerous violations when Thirty-Six Hundred Holding LLC purchased the property. He stated that to his understanding they are diligently working with the city to rectify the problems, and to his understanding the major problem left is a roof problem at the East side of the building. Attorney Robes stated that the owners would be able to have the majority of outstanding issues complied in 60 days. Chair DeLiso asked Senior Code Compliance Officer Lewis how far along was the work in progress, to which he responded that a lot had been complied with and the parking lot had been done. Meeting Minutes Code Compliance Board Boynton Beach, Florida March 16, 2005 Motion Ms. Costantino moved that Case No. 04-731 be tabled until the Code Compliance Board Meeting to be held on Hay 18, 2005. Mr. Foot seconded the motion that passed 6-0. Case # 05-415 Property Address: Violation(s): Yves M. Hubert Tr. 72S N Federal Highway FBC 2001 Edition BBA 104.1.1 FBC 2001 Edition 105.6 BBA FBC 2001 104.7.5 Permit required for modification of rear garage doors. An engineering consultant is required to design necessary changes. A licensed contractor shall file application, secure permits and inspections. See copy of "Red Tag". Senior Code Officer Melillo reported this property is a commercial dwelling. The initial inspection was February 17, 2005. Mr. Melillo stated that Hr. Hubert was initially given five days to comply and that he is a repeat violator. Yves Hubert, 717 N Federal Highway, stated that he did not know he had a violation on the building. He stated he already has an architect to design the plan so he can submit it to the City and asked the Board to give him 6 months to take care of the permits. He also asked how long it would take to obtain the permits from the City to fix the doors. Code Compliance Administrator Scott Blasie stated that it should not take long to get the permits but it depends on what is submitted and how well it matches code. Motion Based on the Testimony and evidence presented in Case No. 05-415, Mr. Foot moved that the Board find that Yves M. Hubert Tr. Ts in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violations on or before June 14, 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 $100.00 per day plus Meeting Minutes Code Compliance Board Boynton Beach, Florida March 16, 2005 Administrative Costs shall be imposed for each day the violation continues past .]une 14, 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 6-0. Case # 05-158 Property Address: Violation(s): Stephen D. Longley 3625 SE Ist St. CH 15 - ART TX-15-120 (D). INC Sod swale and remove unregistered vehicle. Senior Code Officer Pierre reported that the violation was to sod swale and remove unregistered vehicle. He stated that the owners have complied with the removal of the unregistered vehicle. Kathleen Longley, 3625 SE Ist St., pled no contest. She explained that since her grass had dried up and her sprinkler system does not water that area, that people park their cars there. To avoid dead grass they paid to have rocks put down but did not know that by doing so, they were in violation of any codes. Assistant City Attorney Tolces questioned Mrs. Longley's relationship to the property, since she was not listed on the property, and she responded that she was the owner and it was under her husband's name. Code Compliance Administrator Blasie stated that given the time of year he would rather have the grass put down by next month before the start of the rainy season. Motion Based on the Testimony and evidence presented in Case No. 05-158, Mr. Foot moved that the Board find that Stephen D. Longley is in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violation on or before .]une 14, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violation 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 violation continues past .June 14, 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 6-0. 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 16, 2005 Case # 05-218 Property Address: Violation(s): S & L Tnvestments LLC 505 SE 23rd Ave CH 1S-ART. IX-15-120 (B). 1 Repair Driveway Apron and Sod Swale Senior Code Officer Pierre reported this property was a commercial property. Roger Bacon, 1421 Park Lane North, pled no contest. He stated he was going to request 30 days but he may need 60 days because he has been trying for the last month to get a paving company to give him a bid, but most of them say it is too small a job. He has a paving company that is supposed to pave the apron next week but with townhouses being built directly across the street and trucks parking on the swale, the sod may not last too long after he puts it in. Mr. Foot asked whether it was a professional office or property. Senior Code Officer Pierre responded that it was a rental property. Motion Based on the Testimony and evidence presented in Case No. 05-218, Ms. Costantino moved that the Board find that S & L l~nvestments LLC is in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violation on or before May 15, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violation 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 violation continues past May 15, 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. IVls. Cook seconded the motion that passed 6-0. Case # 05-21 Property Address: Violation(s): Valoria Brown & Robert 3ones 411 NW 13th Ave CH 15-ART. IX-15-120 (D) ~[NC. Register or remove unregistered vehicles from the property to comply with city codes. Meeting Minutes Code Compliance Board Boynton Beach, Florida March 16, 2005 Senior Code & Rehab Officer Roy reported that this property was a single-family homestead dwelling and this case originated as a result of a routine inspection. They were notified with a written notice originally sent on January 20, 2005 and given 10 days to comply, but the green card was not signed. The notice was posted on February 24, 2005. Valoria Brown, 411 NW 13th Ave, pled no contest. She stated she did not know the vehicle he was referring to and asked to see pictures of the vehicle. She then stated that the car belonged to her niece who has now passed away but had come to Florida from Sanford. She had gotten sick on her way here. The car broke down and was towed to her house. She had no idea the car had no tag on it and also stated that the car is not operable. She is going to call a junkyard to have them pick the car up. Chair DeLiso asked her if she could have the car picked up in 10 days to which she responded yes. Motion Based on the Testimony and evidence presented in Case No. 05-21, Ms. Carroll moved that the Board find that Valoria Brown & Robert .1ones are in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondents correct the violation on or before March 26, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violation by the Respondents, and hereby orders that if the Respondents do not comply with the Order, a fine in the amount of $25.00 per day plus Administrative Costs shall be imposed for each day the violation continues past March 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. Simshauser seconded the motion that passed 6-0. Case # 05-192 Property Address: Violation(s): 3oseph 3. & Kathleen A. Kisiel 2615 NE 34 Ct, 201 FBC 2001 Edition 104.1.1 FBC 2001 Edition 105.6 Obtain permits and inspections for remodeling work being done. Senior Code Officer Webb reported this case originated as a citizens' complaint and the initial inspection date was .lanuary 26, 2005. Richard Kisiel, 2615 NE 3rd Ct, 201, pled no contest. He stated he was Kathleen Kisiel's husband and he had a warranty deed to show he could speak Meeting Minutes Code Compliance Board Boynton Beach, Florida March 16, 2005 on her behalf. Mr. Kisiel commented that he hired a well-known contractor whom he met, but did not know he was unlicensed. He has since hired another contractor who is in the process of acquiring the permits. Code Compliance Administrator Blasie stated that 60 days was ample time for Mr. Kisiel to come into compliance, and asked the board to make their motion based on the permit violation only. Motion Based on the Testimony and evidence presented in Case No. 05-192, Ms. Costantino moved that the Board find that 3oseph _~. & Kathleen A. Kisiel are in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondents correct the violation on or before May 15, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violation by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus Administrative Costs shall be imposed for each day the violation continues past May 15, 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. Simshauser seconded the motion that passed 6-0. Lien Certification Case # 04-2630 Maria Prows 619 NE 7th Ave Senior Code Officer Melillo reported the notice of violation had been issued on November 19, 2004. A Code Compliance Board hearing was held on 3anuary 19, 2005 and Maria Prows &.lames Vanhanenhope appeared. A compliance date of February 18, 2005 was set by the Board along with a fine in the amount of $25.00 per day. Senior Code Officer Melillo advised that they complied on March 10, 2005 and the number of days of non-compliance was 19 days. Chair DeLiso questioned if this was the property where there was a lady living in the trailer, they could not get her out and the police department had to be involved. Senior Code Officer Melillo stated that it was the case where extension cords were running from one building to the first and second floors of another building. Maria Prows & .lames Vanhanenhope, 619 NW 7th Ave, clarified that she did have problems evicting a tenant. She stated that her contractor was Meeting Minutes Code Compliance Board Boynton Beach, Florida March 16, 2005 supposed to be at the hearing but he did not show up, however she is getting work done on the place. Chair DeLiso clarified that they were in compliance. Motion Based on the testimony and evidence presented in Case No. 04-2630, Ms. Carroll moved that this Board find that the Respondents have complied with this Board's Order dated January 19, 2005, and having considered the gravity of the violation, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $0.00 per day. Ms. Simshauser seconded the motion that passed 6-0. (Assistant City Attorney Tolces swore in persons who arrived late at 8:00 p.m.) Lien Certification Case # 04-2881 Edward A. & Catherine S. Siska 3615 SE 2nd St Senior Code Officer Pierre reported that the notice of violation had been issued on December 23,' 2004. A Code Compliance Board hearing was held on February 16, 2005 and the Respondents did not appear. A compliance date of February 26, 2005 was set by the Board along with a fine in the amount of $25.00 per day plus administrative costs if the violation was still in existence beyond that date. Code Officer Pierre advised that the owners complied on March 8, 2005, and the number of days of non-compliance was 9 days. Rory Siska, 3615 SE 2nd Street, stated that he had taken the canopy down for about a month and a half and then he put it back up to wash his truck for shade for about 2 days and then took it back down. He also stated that he has given it to his stepbrother who does not live on the property so it will not be going back up. Chair DeLiso asked if the code does not allow you to put a canopy up if you are going to take it back down. Senior Code Officer Pierre stated that it must be taken down every day and also stated that Mr. Siska called him to say that he had taken the canopy down and when he went there it was down, however when the reinspection date came the canopy was back up again, so he sent him a letter for the hearing. Chair DeLiso asked Sr. Code Officer Pierre how many times he went to inspect the property, and how much the city has invested because if he went to the 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 16, 2005 property three times they need to access him $96.03 times three. IVlr. Foot stated that it was actually four times, and suggested that they forget about the nine times $25.00 and make their certification for $384.12. Motion Based on the testimony and evidence presented in Case No. 04-2881, IVls. Carroll moved that this Board find that the Respondents have complied with this Board's Order dated February 16, 2005, and having considered the gravity of the violation, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $384.12. IVls. Costantino seconded the motion that passed 6-0. Assistant City Attorney Tolces clarified that Mr. Siska was authorized by his father to be in court on his behalf. Chair DeLiso reiterated that IVlr. Siska needs to pay the court $384.12 or they will put a lien on his father's property. Reduction of Fine Case # 99-1888 Lagene Adler & .lulme Lionel 444 SW 8th Ave Regine Philippe Code Administrator Blasie stated that Regine Philippe was appearing for the case and that the other names above were the property owners at the time the claim originated. In IVlay, 2002, the property was quick claim deeded to IVls. Philippe with the lien on it. The lien was for one unlicensed inoperable motor vehicle. It was originally cited because their were a couple of vehicles there but the notes in the file show that before the fine was instituted there was only one vehicle there. He stated he had pictures that were taken during the processing of the case and two pictures that he had taken in February, 2005, which shows the amount of work done. Regine Philippe, 402 NW gth Ave, stated that she did not know there was a lien on the property that she found out from an attorney when she was getting ready to close on the mortgage. She never received any letters and she was out of state. She recently moved back to Florida and is living with her parents at this time. One of the previous owners was the husband of her friend. She never received any letters because they were going to the previous owners' names. Code Administrator Blasie stated that the property was quick claim deeded on May 23, 2002 and the order was rendered on .lanuary 17, 2000, hence Ms. ]0 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 16, 2005 Philippe would not have known about it. IVlr. Blasie also stated he had no documentation on when the cars were removed. Motion Based on the testimony and evidence presented in Case No. 99-1888, and having been advised that the Respondents, have complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Ms. Costantino moved that this Board reduce the fines instituted in Case No. 99-1888, by virtue of this Board's Order to the amount of $0.00. Ms. Carroll seconded the motion that passed 6-0. Mr. Foot stated that although IVls. Philippe was not responsible for the original violation that the city should not be responsible for the administrative costs, and suggested that they should pass on the $25.00 a day judgment. Motion Based on the testimony and evidence presented in Case No. 99-1888, Mr. Foot moved that having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $826.18 for administrative costs. The motion failed 5-1. (A five-minute recess was taken at 8:18pm) Case # 05-193 Property Address: Violation(s): 1 Star Bowling Centers Z! LP CT Corporation System 1190 W Boynton Beach Blvd CH 15-ART. IX-15-120 (D). INC Fence on east side of property is dilapidated. Code Officer Laverdure stated that the City recommended a compliance date of April 15, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-193, IVls. Costantino moved that the Board find that I Star Bowling Centers IT LP CT Corporation System is in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent corrects the violation on or before April 15, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violation 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 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 16, 2005 each day the violation continues past April 15, 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 6-0. Case # 03-2729 Property Address: Violation(s): Escamilla Consuelo 411 NE 25th Ave FBC 2001 Edition 104.1.1 CH 15-ART. IX-15-120 (E) 2B Repair or replace the roof, a permit is required. Code Officer Guillaume stated the City recommended a compliance date of May 15, 2005. Motion Based on the Testimony and evidence presented in Case No. 03-2729, Ms. Carroll moved that the Board find that Escamilla Consuelo is in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent corrects the violation on or before May 15, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violation 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 violation continues past May 15, 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. Costantino seconded the motion that passed 6-0. Case # 04-2753 Property Address: Violation(s): Samuel Alcide & Nathaly Souverain 237 SW 5th Ave FBC 2001 Edition 105.6 See copy of "Red Tag". Code Officer Guillaume stated that the City recommended a compliance date of April 15, 2005. Motion Based on the Testimony and evidence presented in Case No. 04-2753, Ms. Costantino moved that the Board find that Samuel Alcide &, Nathaly Souverain are in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondents correct the violation on or before April 15, 2005. The Board has considered the gravity of the violation, the actions taken by the ]2 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 16, 2005 Respondents, and any previous violation by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus Administrative Costs shall be imposed for each day the violation continues past April 15, 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. IVls. Carroll seconded the motion that passed 6-0. Case # 05-35 Property Address: Violation(s): Richard P. Parsons 458 SW 3rd Ave 13-16 B.B.C. of ORD. 10-2 B.B.C of ORD. Every rental unit used for residential purposes in the City must be licensed. Mow overgrown backyard, trim bushes and remove all loose trash and debris. Code Officer Guillaume stated the City recommended a compliance date of April 15, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-35, Ms. Costantino moved that the Board find that Richard P. Parsons is in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent corrects the violations on or before April 15, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violation 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 violation continues past April 15, 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 6-0. Case # 05-36 Property Address: Violation(s): Albert Grant 203 SE 4th Ave 13-16 B.B.C of ORD. CH 15-ART. ]:X-15-120 (D)I INC ]3 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 16, 2005 Every rental unit used for residential purposes in the City must be licensed. Mow overgrown yard, trim hedges, repair or remove shed and remove all loose trash/debris. Tnstall sod in yard. Code Officer Guillaume stated the City recommended a compliance date of April 15, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-36, Ms. Costantino moved that the Board find that Albert Grant is in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent corrects the violations on or before April 15, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violation 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 violation continues past April 15, 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 6-0. Case # 05-40 Property Address: Violation(s): Albert Grant 207 SE 4th Ave 13-16 B.B.C of ORD. CH 15-ART. IX-15-120 lINC Every rental unit used residential purposes in City must be licensed. Repair or remove shed. Remove all loose trash and debris and unlicensed boat. (D) for the Code Officer Guillaume stated the City recommended a compliance date of April 15, 2005. 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 16, 2005 Motion Based on the Testimony and evidence presented in Case No. 05-40, Ms. Carroll moved that the Board find that Albert Grant is in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent corrects the violations on or before April 15, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violation 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 violation continues past April 15, 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. Costantino seconded the motion that passed 6-0. Case # 05-380 Property Address: Violation(s): Louis Franekel 320 NE 16th Ave CH 15-ART. TX-15-120 (D) lINC 10-51 B.B.C of ORD. 10-52 B.B.C OF ORD. Remove all inoperable vehicles from the property and swale area. Resod dead areas of the yard and swale to establish a green lawn. Senior Code Officer Lewis stated the City recommended a compliance date of April 15, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-380, Ms. Carroll moved that the Board find that Louis Franekel is in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent corrects the violations on or before April 15, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violation 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 violation continues past April 15, 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. Costantino seconded the motion that passed 6-0. 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 16, 2005 Case # 05-383 Property Address: Violation(s): Iglad A Naurelus & Guy Estella 155 NE 16th Ave CH 15-ART. TX-15-120 (D) lINC CH 15-ART. TX-15-120 (B). 1 CH 10-ART. ~-10-24 TNCL/BBCO Remove all trash, debris and tires from the swale and property. Swale trash hole need to be planted with sod. Senior Code Officer Lewis stated the City recommended a compliance date of March 26, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-383, Mr. Foot moved that the Board find that :[glad A Naurelus & Guy Estella are in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondents correct the violations on or before March 26, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violation by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100.00 per day plus Administrative Costs shall be imposed for each day the violation continues past March 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 veri~ compliance with this Order. Ms. Cook seconded the motion that passed 6-0. Case # 04-2320 Property Address: Violation(s): William Hancock 1401 NW 7th St 10-2 B.B.C of ORD. 10-3 B.B.C of ORD. CH 15-ART. TX-15-120 (D). TNC Remove all inoperable vehicles from property. Repair or remove all damaged structures including fences. Clean and maintain pool. Senior Code Officer Melillo stated the City recommended a compliance date of March 26, 2005. 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 16, 2005 Motion Based on the Testimony and evidence presented in Case No. 04-2320, Ms. Costantino moved that the Board find that William Hancock is in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent corrects the violations on or before March 26, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violation by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100.00 per day plus Administrative Costs shall be imposed for each day the violation continues past March 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 6-0. Case # 04-2799 Property Address: Violation(s): Pamela Lewis 2202 SE 2nd St CH 15-ART. IX-15-120 (D). INC De-weed and sod yard. Water lawn to obtain a uniformed green appearance. Senior Code Officer Pierre stated the City recommended a compliance date of April 15, 2005. Motion Based on the Testimony and evidence presented in Case No. 04-2799, Ms. Simshauser moved that the Board find that Pamela Lewis is in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent corrects the violation on or before April 15, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violation 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 violation continues past April 15, 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. Costantino seconded the motion that passed 6-0. Case # 05-157 Property Address: Herminio Carmona & Regina Desantis-Carmona 245 SE 36m Avenue 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 16, 2005 Violation(s): CHAPTER 15-ART.:[X-15-120 (D). :[NC Remove unregistered and inoperable vehicle off carport. De-weed carport & sod bare spots in front yard. Senior Code Officer Pierre stated the City recommended a compliance date of April 15, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-157, Ms. Carroll moved that the Board find that Herminio Carmona & Regina Desantis-Carmona are in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondents correct the violation on or before April 15, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violation by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus Administrative Costs shall be imposed for each day the violation continues past April 15, 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. Costantino seconded the motion that passed 6-0. Case # 05-333 Property Address: Violation(s): Marie R Theragene 153 SE 31st Avenue CHAPTER 15-ART. (D). :[NC Remove inoperable vehicle. Senior Code Officer Pierre stated the City recommended a compliance date of April 15, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-333, Ms. Costantino moved that the Board find that IVlarie R Theragene is in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent corrects the violation on or before April 15, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violation 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 violation Meeting Minutes Code Compliance Board Boynton Beach, Florida March 16, 2005 continues past April 15, 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. Iris. Cook seconded the motion that passed 6-0. Case # 04-2843 Property Address: Violation(s): Franklin Coley 405 NWIst St CH 1S-ART. ZX-15-120 (D) CH 15-ART. :[X-15-120 (E). FBC 2001, Edition 3401.6 Remove all debris from property. Remove all inoperable unlicensed vehicles. Repair fence around property and repair shuttles. Senior Code & Rehab Officer Roy stated the City recommended a compliance date of April 15, 2005. Motion Based on the Testimony and evidence presented in Case No. 04-2843, Ms. Simshauser moved that the Board find that Franklin Coley is in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent corrects the violation on or before April 15, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violation by the 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 April 15, 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. Iris. Costantino seconded the motion that passed 6-0. Case # 05-170 Property Address: Violation(s): Doris 3ones & Abagail Denson 115 NW 6th Avenue CHAPTER 15-ART. :[X-15-120 (D) :[NC Remove old awnings and inoperable unregistered vehicles from the property. ]9 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 16, 2005 Senior Code & Rehab Officer Roy stated the City recommended a compliance date of March 26, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-170, Ms. Simshauser moved that the Board find that Doris ]ones & Abagail Denson are in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondents correct the violation on or before March 26, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violation by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus Administrative Costs shall be imposed for each day the violation continues past March 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. Costantino seconded the motion that passed 6-0. Case # 05-243 Property Address: Violation(s): Prime Property of the PBCS NW 4th Street 10-2 B.B.C of ORD. Vacant property west of 430 NW 11m Avenue - Remove all concrete and dead trees from property. Senior Code & Rehab Officer Roy stated the City recommended a compliance date of March 26, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-243, Ms. Costantino moved that the Board find that Prime Property of the PBCS is in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent corrects the violation on or before March 26, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violation by the 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 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. Simshauser seconded the motion that passed 6-0. 2O Meeting Minutes Code Compliance Board Boynton Beach, Florida March :L6, 2005 Case # 05-318 Property Address: Violation(s): Christopher Nelson 421 NW 3rd St CH 15-ART. :[X-15-120 INC Remove or unregistered vehicles from property. (D) register all inoperable Senior Code & Rehab Officer Roy stated the City recommended a compliance date of April 15, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-318, Ms. Costantino moved that the Board find that Christopher Nelson is in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent corrects the violation on or before April :~5, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violation 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 violation continues past April 15, 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 6-0. Case # 05-322 Property Address: Violation(s): Richard Parsons 435 W Boynton Beach Blvd CHAPTER 15-ART.IX-15-120 (D). TNC Violation at house at 309 NW 4th Street. Remove all unregistered unlicensed cars and car parts including tires from property. Senior Code & Rehab Officer Roy stated the City recommended a compliance date of March 26, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-322, Ms. Costantino moved that the Board find that Richard Parsons is in violation of City of Boynton Beach Code Sections as cited, and move to order that the 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 16, 2005 Respondent corrects the violation on or before March 26, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violation 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 violation continues past March 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 6-0. Case # 04-2617 Property Address: Violation(s): William M & Sharon Ganoe 2370 NW 2nd Street CHAPTER 1S-ART. IX-IS-120 (O) lINC CHAPTER 20 SECTION 8 E-16 PT3-LDR. CH2. SECTION 4.3- 23 Sod all bare areas in yard and trim bushes. Remove all unlicensed and inoperable vehicles. Remove basketball goal from City right-of-way. Senior Code Officer Webb stated the City recommended a compliance date of April 15, 2005. Motion Based on the Testimony and evidence presented in Case No. 04-2617, Ms. Costantino moved that the Board find that William M & Sharon Ganoe are in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondents correct the violation on or before April 15, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violation by the 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 April 15, 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. Simshauser seconded the motion that passed 6-0. Case # 04-2720 Property Address: Lydia Mass 2411 NE 4th Street 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 16, 2005 Violation(s): CHAPTER 15-ART. IX-15-120 (D) lINC Sod all areas void of grass and remove all trash and debris. Remove all unlicensed and inoperable vehicles from backyard. Senior Code Officer Webb stated the City recommended a compliance date of April 15, 2005. Motion Based on the Testimony and evidence presented in Case No. 04-2720, Ms. Costantino moved that the Board find that Lydia Mass is in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent corrects the violation on or before April 15, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violation 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 violation continues past April 15, 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 6-0. Case # 04-2735 Property Address: Violation(s): Idovia Alexis & Octave Nicolas 2657 NE 4th Street CHAPTER 15-ART IX-15-120 (D) lINC CHAPTER 20 SECTION 8 E-16 Sod all areas void of grass. Remove all trash and debris. Place 4 inch house number on building visible from adjacent street. Senior Code Officer Webb stated the City recommended a compliance date of April 15, 2005. Motion Based on the Testimony and evidence presented in Case No. 04-2735, Ms. Costantino moved that the Board find that ]~dovia Alexis & Octave Nicolas are in 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 16, 2005 violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondents correct the violation on or before April :15, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violation by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus Administrative Costs shall be imposed for each day the violation continues past April 15, 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 6-0. Lien Certification Sen/or Code Officer I~lel/llo recommended the fo/lowing cases be certified at $25.00 per day: Case No. 03-3215, Case No. 05-152. Case No. 03-3218 Kevin & Kristin Lawton 1220 Zsle Court Motion Based on the testimony and evidence presented in Case No. 03-3218, Vice Chair Costantino moved to find that the Respondents have not complied with this Board's Order dated February 18, 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 Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. Foot seconded the motion that passed 6-0. Case No. 05-151 Irene 3ordan 706 NE 7th Ave Motion Based on the testimony and evidence presented in Case No. 05-15:L, Vice Chair Costantino moved to find that the Respondent has not complied with this Board's Order dated February 26, 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 $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. IVlr. Foot seconded the motion that passed 6-0. Senior Code Officer /~e//llo recommended the fo/lowing case be certified at $50.00 per day: Case No. 05-24. 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 16, 2005 Case No. 05-24 Marjorie Bell NW 13th Ave Motion Based on the testimony and evidence presented in Case No. 05-24, Vice Chair Costantino moved to find that the Respondent has not complied with this Board's Order dated February 26, 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 $50.00 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. Carroll seconded the motion that passed 6-0. Senior Code Officer Mel/llo recommended the fo/lowing cases be certified at "No F/ne':' Case No. 04-239Z, Case No. 05-120, Case No. 04-2635, Case No. 05-23, Case No. 04-1970. Case No. 04-2397 University Holdings inc. C T Corporation System Holiday Inn Express 480W. Boynton Beach Blvd. Motion Based on the testimony and evidence presented in Case No. 04-2397, Ms. Carroll moved to find that the Respondents have not complied with this Board's Order dated February 13, 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. Vice Chair Costantino seconded the motion that passed 6- 0. Case No. 05-120 Donald H & Deborah L. Thomas 411 NWIst Ave Motion Based on the testimony and evidence presented in Case No. 05-120, IVls. Carroll moved to find that the Respondents have not complied with this Board's Order dated February 26, 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. Vice Chair Costantino seconded the motion that passed 6- 0. 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 16, 2005 Case No. 04-2635 3effrey 3. Rosenberg 2826 SW 4m St Motion Based on the testimony and evidence presented in Case No. 04-2635, Ms. Carroll moved to find that the Respondent has not complied with this Board's Order dated February 3, 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. Vice Chair Costantino seconded the motion that passed 6- 0. Case No. 05-23 3apheth & Alice M. Rolle 516 NW 13th Ave Motion Based on the testimony and evidence presented in Case No. 05-23, Ms. Carroll moved to find that the Respondents have not complied with this Board's Order dated February 26, 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. Vice Chair Costantino seconded the motion that passed 6- 0. Case No. 04-1970 Sherleen Riley 1390 NWIst Ct Motion Based on the testimony and evidence presented in Case No. 04-1970, Ns. Carroll moved to find that the Respondent has not complied with this Board's Order dated February 3, 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. Vice Chair Costantino seconded the motion that passed 6- 0. Sen/or Code Officer Ne#Ilo recommended that the follow/ng cases be tab/ed unt// Apr//20, 2005: Case No. 0,t-590, Case No. 0,1-1890, Case No. 0,1-1891, Case No. 04-2410, Case No. 05-166. Case No. 04-690 Pelican Point Properties LLC 180 SW 3"d Ave Motion Vice Chair Costantino moved that Case No. 04-690 be tabled until the Code Compliance Board Meeting to be held on April 20, 2005. Mr. Foot seconded the motion that passed 6-0. 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 16, 2005 Case No. 04-18g0 AAM Zndustries Znc. 225 SE 5th Ave Motion Vice Chair Costantino moved that Case No. 04-1890 be tabled until the Code Compliance Board Meeting to be held on April 20, 2005. Mr. Foot seconded the motion that passed 6-0. Case No. 04-1891 Blvd. Chackman Motels Inc. 706 W Boynton Beach Motion Vice Chair Costantino moved that Case No. 04-1891 be tabled until the Code Compliance Board Meeting to be held on April 20, 2005. Mr. Foot seconded the motion that passed 6-0. Case No. 04-2410 Crystal Key At Woolbright Place SW 8m St. Motion Vice Chair Costantino moved that Case No. 04-2410 be tabled until the Code Compliance Board Meeting to be held on April 20, 2005. Mr. Foot seconded the motion that passed 6-0. Case No. 05-166 Biana H. 3ones 221 NW 5th Ct. Motion Vice Chair Costantino moved that Case No. 05-166 be tabled until the Code Compliance Board Meeting to be held on April 20, 2005. Mr. Foot seconded the motion that passed 6-0. Senior Code Officer Mel/llo recommended that the follow/ng cases be tab/ed until May 18, 2005: Case No. 03-2496, Case No. 04-33, Case No. 04-2452. Case No. 03-2496 3oseph A. 3ean 141 SE 13m Ave Motion Vice Chair Costantino moved that Case No. 03-2496 be tabled until the Code Compliance Board Meeting to be held on May 18, 2005. Ms. Simshauser seconded the motion that passed 6-0. 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida Case No. 04-33 St. Paul AME Church March 16, 2005 NE 10th Ave Motion Vice Chair Costantino moved that Case No. 04-33 be tabled Compliance Board Meeting to be held on May :[8, 2005. seconded the motion that passed 6-0. until the Code Ms. Simshauser Case No. 04-2452 Nell Richardson 140 SE 2nd Ave Motion Vice Chair Costantino moved that Case No. 04-2452 be tabled until the Code Compliance Board Meeting to be held on May 18, 2005. Ms. Simshauser seconded the motion that passed 6-0. V1. Discussion There will be a lien reduction hearing on March 24, 2005. Nominations for Chair and Vice Chair positions will be held at the end of the April meeting. VII. Adjournment Since there was no further business before the Board, the meeting was duly adjourned at 8:47p.m. Respectfully submitted, Catherine Recording Secretary (March 17, 2005) 28