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Minutes 04-20-05 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN THE COMMISSION CHAMBERS, CITY OF BOYNTON BEACH, ON WEDNESDAY, APRIL 20, 2005 AT 6:45 P.M. Present Michele Costantino, Chair Kathy Cook, Vice Chair Christopher DeLiso Kathleen Carroll Robert Foot Lisa Simshauser David Tolces, Assistant City Attorney Scott Blasie, Code Administrator Code Compliance Officers: Luney Guillaume Skip Lewis Rich Laverdure Mike Melillo Vestiguerne Pierre Pete Roy Willie Webb Courtney Cain I. Call To Order Mr. DeLiso called the meeting to order at 6:49 p.m. II. Election of Chairperson &. Vice-Chairperson Mr. DeLiso recommended to the Board that Ms. Costantino be the Chair for the New Year. Motion Mr. Foot moved to nominate Ms. Costantino to Chairperson for the New Year. Motion seconded by Mr. DeLiso and unanimously carried. Ms. Cook stated she would be willing to accept the nomination of Vice Chair. Motion Mr. Foot moved to nominate Ms. Cook to Vice Chair for the New Year, and moved that nominations be closed. Motion seconded by Ms. Simshauser and unanimously carried. The meeting was recessed until 7:00 p.m. Chair Costantino called the meeting to order at 7:00 p.m. Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 III. Approval of Minutes Due to technical difficulties at the time the corrections to the minutes were being made, those corrections were not recorded, and will be made at the next Code Compliance meeting to be held on May 18, 2005. IV. Approval of Agenda Senior Code Officer Lewis stated the City recommended Case No. 05-190 be tabled until the Code Compliance meeting to be held on May 18, 2005. Motion Mr. Foot moved Case No. 05-190 be tabled until the Code Compliance meeting to be held on May 18, 2005. Mr. DeLiso seconded the motion that passed unanimously. Senior Code Officer Lewis stated the City recommended the following cases have complied: Case No. 04-2842, Case No. 05-438. Motion Mr. DeLiso moved to accept the agenda as amended. Mr. Foot seconded the motion that passed unanimously. V. Swearing In of Witnesses and Introduction Assistant City Attorney Tolces read the introduction for the meeting, and administered the oath as required to all person expected to testify at the meeting. Senior Code Officer Lewis called the roll to determine who was present. Chair Costantino welcomed Commissioner McKoy, who was in attendance at the proceedings. VI. New Business Cases to be heard Code Compliance Administrator Blasie pointed out there were two cases represented by Legal Counsel, and as a courtesy would call those two cases first. 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 Lien Certification Case No. 04-692 James &. Marta I. Batmasian 1550 N Federal Hwy Trellanie E. Bray-Poole Johnnie's Liquor Store &. Rest. Code Compliance Administrator Blasie provided a file to the Board and the Recording Secretary regarding the case. On April 21, 2004, James & Marta Batmasian and their tenant Johnnie's Liquor Store & Restaurant came before the Code Compliance Board. The City's complaint was they were operating beyond the scope of their occupational license. He stated the Board Orders dated May 5, 2004, were Exhibit A of the file he distributed. The City's Exhibit B of the file was the minutes of the Board Hearing on April 21, 2004. Exhibit C was the City's definitions of "Nightclub" and "Restaurant". The Code Compliance Board Order of April 21, 2004, was against the tenant and the owners of the property. Counsel for the property owners and Counsel for the tenants stipulated they would cease and desist operating as a nightclub or beyond the scope of their license as a restaurant or be subject to a fine of $1,000.00 per occurrence. The order is still in effect. Code Compliance Administrator Blasie reported that after the April 21, 2004 meeting, his review of police incident reports showed they had no calls for service regarding noise complaints or disturbances at the location from April 21, 2004 until December 25, 2004. Around December 25, 2004 until April 13, 2005; Code Compliance Administrator Blasie stated he found 15 documented responses to calls for noise disturbances from that property and asked the Board to keep in mind the noise could be from inside the restaurant establishment, or could have been from the parking lot. Included in the file distributed, were nine incident reports documented by police officers, which were the City's Exhibits D-1 thru D- 10. Exhibit D-4 showed a photocopy of a flyer obtained from another business location for a record release party to be held at the property. Exhibit E was a letter dated November 6, 2003 from City Attorney Cherof to Ms. Trellanie Bray Poole, notifying her the City was aware of an event she was planning, and informing her that she may be in violation of the Code. Code Compliance Administrator Blasie stated there was also a letter dated November 26, 2003 from himself to James & Marta Batmasian, included in the file under Exhibit F. Code Compliance Administrator Blasie felt it was important to point out that when the Code Compliance Board considers fining an establishment, business or property owner, Florida Statute 16209B requires they address the gravity of the violation, the actions taken by the violator to comply, and previous violations 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 committed. There were neighbors present in chambers who lived in close proximity of the property, willing to address the Board. On March 12, 2005 there was a shooting which took place on and around the property, and there were also other incidents before April 21, 2004 which the residents thought were dangerous. Mr. Foot questioned Code Administrator Blasie's statement that the first violation occurred in December 2004, because his files showed the first violation was in January 2005. Code Administrator Blasie informed the Board they were in possession of the incident reports which the City was presenting as evidence, but they did not include all the incident reports from the police department for calls made to that address. He was just informing the Board that a report was filed in December 2004 for that location. The City's argument in this case was to prove that Johnnie's Liquor Store & Restaurant was still operating as a nightclub. The re- occurring theme throughout the incident reports provided in the file was the lack of food service and there were also reports of a DJ playing music. Vice Chair Cook stated she was unfamiliar with the area and asked if there was a house next door to the property. Code Administrator Blasie informed her the property was located in Yachtsmans Plaza, on North Federal Highway and there was a residential area behind. Officer Bail, ID No. 813, assumed the podium and stated the first two times he was called out to the property was for noise complaints. When he arrived at the location, he could hear the music coming from the business but it was not too loud. He went in and conducted a check on both incidences, and it did not appear the kitchen was in operation. He did not observe anyone eating food, but did observe people drinking alcoholic beverages, and there was a DJ. The third time he was called out to the location, he observed a gentleman outside drinking an alcoholic beverage, and placed him under arrest for an open container violation. Upon searching him, he found 2.2 grams of marijuana in his front pocket. Officer Bail stated he did not go inside the property on that date. When the shooting incident occurred, Officer Bail said he was on the perimeter of the property providing security, and he did not conduct the investigation on that matter. Code Administrator Blasie reminded the Board they were not addressing noise violations. The violation they were addressing was business operating beyond the scope of occupational license. The City was attempting to certify fines of $1,000 for each of the 10 incidents. 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 Vice Chair Cook felt this was an on-going problem, and the fines should be certified at $1,000. Officer Harris, ID No. 822, assumed the podium and informed the Board he is assigned to that zone. Many times residents from that area would approach with complaints about Johnnie's Liquor Store & Restaurant. He stated that on his visits to the property, he never observed restaurant activity and the kitchen light was usually off. Code Compliance Administrator Blasie informed the Board the tenants are no longer in the space, however they still have the liquor store. The tenants surrendered the space a week ago, and owe $45,000 of rent to the owners. Officer Kellman, ID No. 815, assumed the podium and said he visited the property on numerous occasions. On one of the occasions, he was responding to a loud music complaint and when he entered the business he saw a DJ. They were not operating a restaurant and it was a nightclub setting. He went into the bar section, and spoke with the owner who was cooperative and agreed to turn the music down. Chair Costantino stated she would be willing to hear testimony from one of the property owners on behalf of the residents of the neighborhood. Michael Weiner, 43 Sea crest, was representing Mr. James & Marta Batmasian, and said he would refer to them as a singular for convenience. He asked Assistant City Attorney Tolces if the Board is of a public nature in which public testimony could be taken. Assistant City Attorney Tolces said even though the hearing was not necessarily a public hearing, it would be the Board's prerogative to allow the neighbors to give testimony. Steve Homrich, 690 NE 15th Place, spoke on behalf of the neighbors. Even though he did not live as close to the property as some of the other residents, he said their concerns were not just the noise, but the business was supposed to be a restaurant but turned into a bar. He was concerned the area was not safe because there were drunks walking around the area at night who visited the business. The shooting incident which occurred, confirmed that. The problems do not only occur on Friday nights, but recently on Sunday nights also. Mr. Foot asked if the City was hoping to impose fines against both the owners of the property and the operators of the business. Code Administrator Blasie answered yes and said they believed both the owners and the tenants have responsibilities for the property. 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 The tenant (Trellanie E. Bray-Poole) was offered the opportunity to speak, but declined. Mr. Weiner asked City Attorney Tolces if there are rules regarding rebuttals, and who would be allowed to speak last. City Attorney Tolces stated the Board has not adopted specific rules to address his question, however, it would be the Board's decision as to who would be last to speak. Mr. Weiner reminded the Board the violation they were addressing only pertained to Johnnie's Liquor Store & Restaurant operating beyond the scope of an occupational license. He asked the Board not to let the testimonies they heard relating to noise, marijuana or gunshots influence their decision. He reiterated that already too much had been said about other incidents that occurred at the location, for the Board to make a fair decision and fundamental due process may have been violated. Three things Mr. Weiner thought should be taken into consideration were as follows: 1. The gravity of the action. In comparison to other things which occur, Mr. Weiner did not think that not serving food was such a big problem. 2. The actions taken to correct the situation. Mr. & Mrs. Batmasian took action when they heard of the rumors. In March, they sent a notice to Trellanie E. Bray-Poole reminding her that she was not permitted to have a nightclub at that location, and should immediately cease from doing so. On March 22, 2005, Mr. & Mrs. Batmasian filed an eviction complaint to evict Ms. Bray-Poole. On April 13, 2005, Ms. Bray-Poole amicably surrendered the possession of the premises to Mr. & Mr. Batmasian. The premises have been vacant since that time. Mr. Weiner produced letters from Mr. & Mrs. Batmasian's, eviction action and reflected on how quickly they took action in order to end the situation as evidence to the Board. 3. Previous violations of the violator. The records show there was only one previous violation, but testimonies earlier stated there were nine more violations. Mr. Weiner pointed out that most of the incidents reported were after 10 p.m., and some were 12 a.m. and 1 a.m. There are no restaurant kitchens that are open in full and serving dinner to patrons at midnight. The incidents relating to a DJ playing music, is a different ordinance. Also, there was a report of liquor being served, and Mr. Weiner pointed out the definition of restaurant, which was Mr. Blasie's Exhibit C stating a restaurant might serve alcoholic beverages as a secondary activity. Mr. Weiner did not think the flier was appropriate 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 evidence to prove whether the business was operating as a restaurant. Mr. Weiner reiterated from looking at the incident reports submitted as evidence, there was only one violation of the violator. Ron Barfield, 441 Camino Real, of Investments Ltd, stated he has worked with many of Mr. Batmasian's properties. He visited the property three times in February and March 2005, during the night between 7p.m. and 9p.m., and ate at the Restaurant. Mr. Weiner expressed that the Officers may have violated the 4th Amendment of the United States Constitution concerning unlawful searches and seizures. The idea of noise does not mean there could be citations for lack of serving food. Mr. Foot thought Mr. Weiner had not defended his point regarding the ordinance violation of going beyond the scope of a restaurant and operating as a nightclub. Mr. Weiner said the proposition was self-evident, and music is played at many restaurants. He did not think music and the playing of music was beyond the scope of a restaurant. He referenced Exhibit C of the City's report, which did not say a restaurant is limited to serving food and alcohol. Ms. Simshauser asked if there was any evidence that food was being served at the location, whether in the form of a menu or proof of the time food was served. Mr. Weiner stated he only represented the landlords, so under those circumstances he did not have that information. Code Compliance Administrator Blasie stated though they were 10 incidences, he was not sure the City wanted to pursue the case regarding the flier because they were not sure the event took place. Mr. Weiner stated there was an agreed order that the respondents would not violate the concept of being a restaurant. Code Compliance Administrator Blasie asked Mr. Weiner the basis of the eviction of Ms. Bray-Poole. Mr. Weiner said there were charges that had not been paid which gave them the ability to begin the eviction action. Code Compliance Administrator Blasie asked if Mr. Barfield was the Property Manager for Yachtsmans Plaza to which Mr. Barfield replied he was not. He reminded the 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 Board no citations were issued when the officers visited the property on patrol; the activity on the site was just documented. Officer Kellman pointed out his observations were very clear when he entered the business, and there was no food, and no tables. There was just a large group of people with alcohol, and there was dancing. He also stated there are restaurants that are open after 11p.m. at night serving food and alcohol. Motion Based on the testimony and evidence presented in Case No. 04-692, Mr. DeLiso moved that the Board find that James & Martha I. Batmasian have not complied with this Board's Order dated April 21, 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 $1,000 per past incidents plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that passed unanimously. Motion Based on the testimony and evidence presented in Case No. 04-692, Mr. DeLiso moved that the Board find that Trellanie E. Bray-Poole 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 $1,000 per past incidents 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 unanimously. Assistant City Attorney Tolces clarified the Respondents were in violation of nine previous incidents and those violations were included in the file presented by the City, except for Exhibit D 4. Cases to be heard (New) Case No. 05-501 Property Address: Violation< s): Boynton Boundless LLC 209 N Seacrest Boulevard 104.6 BBA TO FBC 2001 106.1 FBC 2001 EDITION BBA Temporary C 0 and Extensions have expired. Building being occupied without certificate of occupancy. See copy of "Red Tag" dated 03/03/05. 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 Don Johnson, Building Official, entered Exhibit A - a section of the Boynton Beach Amendments into evidence. Mr. Johnson stated Mr. Michael Weiner owns the property. Mr. Weiner and his contractor secured permits and when they were almost finished with the inspection process, they requested a temporary Certificate of Occupancy. Mr. Johnson said there is a process to be followed when requesting that certificate, and Mr. Weiner and his contractor were granted the temporary Certificate of Occupancy on November 16, 2004. The Ordinance states a temporary Certificate of Occupancy is valid for 30 days, and Mr. Weiner and his contractor received two extensions - one on December 13, 2004 and the third on January 7, 2005; for a total of 90 days. The third temporary Certificate of Ordinance expired on February 2, 2005, and to date, they have not received their final inspections. They were cited on March 29, 2005 and were still in non- compliance. Michael Weiner, one of the members of Boynton Boundless LLC, pled not guilty and passed around a letter from his architect. Mr. Weiner stated they had difficulties with respect to the situation of the building. They started out not completing $20,200 worth of work. His general contractor went to Israel, and they had problems with the brick pavers and getting the subcontractors to return to their work. They have three major situations, listed below: 1. They are inches off the accessibility route, which is related to the ADA. Their contractor did not do it to the specifications of the City and they are trying to get him back out there to redo it. 2. There were three or four landscape plans circulated and there were some installations done based on plans that were not approved by the City. Then the sprinkler system broke and some of the plants died. 3. The internal pavers have to be smoothed and surfaced, and they were having problems finding a system to do that. His architect has found it and, Mr. Weiner produced a letter from his architect explaining the three mitigating circumstances listed. Vice Chair Cook asked Assistant City Attorney Tolces if she can move that Mr. Weiner was guilty since he pled not guilty but during his testimony agreed that they did not have a valid Certificate of Occupancy and there was still work to be done on the property; which was the basis of the violation. Assistant City Attorney Tolces thought the purpose of Mr. Weiner pleading not guilty was to put the burden on the City to present its case. If Mr. Weiner was finished presenting his case, the Board could make their motion. 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 Mr. Weiner stated his reason for a not guilty plea was because he had $30,000 but only had to do $20,000 worth of work. He would like Mr. Johnson to determine what he believed was a reasonable amount of that bond to put aside to go into the City's pockets. Motion Based on the testimony and evidence presented in Case No. 05-501, Mr. DeLiso moved that the Board find that Boynton Boundless LLC is 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 19, 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 Administrative Costs shall be imposed for each day the violations continue past June 19, 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. Mr. Foot asked why they would consider giving the Respondent so much time to comply and asked if the City agreed with the length of time given to comply. Mr. Johnson stated it should take 14 days to comply, and reminded the Board the Respondent already had 90 days plus an additional two months to comply. Mr. Foot thought the Respondent should be given until May, and Mr. DeLiso agreed to change his motion. Motion Based on the testimony and evidence presented in Case No. 05-501, Mr. DeLiso moved that the Board find that Boynton Boundless LLC is in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violations on or before May 20, 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 Administrative Costs shall be imposed for each day the violations continue past May 20, 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 unanimously carried. 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 Case No. 04-1446 Address: Violation< s): Michael R. Rogers 111 NE 3rd Avenue FBC 2001 EDITION BBA 104.1.1 FBC 2001 EDITION 105.6 Permits and inspections are required for repairs from fire damage. Code and Rehab Inspector Roy reported the Respondent was given 30 days to comply. He had been in contact with Mr. Rogers on several occasions and he has been trying to work out the problem, to come into compliance. Michael Rogers, 111 NE 3rd Avenue, pled no contest, and asked the Board for 60 days to come into compliance with the code. He stated he was starting work with the electrician on Monday and had all the necessary paperwork for the Board. Code and Rehab Inspector Roy informed the Board that in 2003, Mr. Rogers had a major fire at his property and presented pictures. Unfortunately, Mr. Rogers did not follow the directives of the letter he received concerning the building. He was told he needed an engineer to certify the building, and to have his licensed contractors go to the City and file applications for the plumbing, mechanical and electrical damage, as well as the window frame damage. Mr. Rogers finished the repairs, with no permits or inspections. He is currently working with an engineer and needs someone to draw up plans so he can move forward with the project. Motion Based on the Testimony and evidence presented in Case No. 04-1446, Mr. DeLiso moved that the Board find that Michael R. Rogers, is 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 19, 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 $75.00 per day plus Administrative Costs shall be imposed for each day the violations continue past June 19, 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 seconded by Ms. Carroll and unanimously carried. 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 Case No. 05-317 Property Address: Violation( s): Lloyd H. Millanise Tr. 416 NW 3rd Avenue CHiS-ART. IX-15-120 (D). INC Remove or register all unlicensed vehicles from property. Code and Rehab Inspector Roy stated this is a single-family non-homesteaded dwelling, and this case originated as a result of a routine inspection on March 18, 2005. The property owner was notified by a written notice and given 10 days to comply. Certified mail was sent out on March 24, 2005 and signed on March 25, 2005. Lloyd Millanise, 3444 Old German Town Road, Delray Beach, pled guilty. He stated he bought the property approximately 20 to 25 years ago, and built a garage to collect antique cars. The car he received the citation for has been outside the garage for years until the police had a car chase in the alley and his car and fence were smashed completely. He received a citation from Mr. Roy stating he should put up a fence and move the car, and he asked if the car could stay, since it would be fenced in. Mr. Millanise said he paid $3,700 to put the fence up and the police still have not done anything about the situation. The car is still there at the back of the garage by the alley. The alley is a disgrace and supposed to be maintained by the City. For 25 years he had been asking for something to be done about the alley and he thinks there are two laws in Boynton Beach, one being for the Homeowners and one for the City. He stated Mr. Roy admitted he could not cite the City. Motion Based on the Testimony and evidence presented in Case No. 05-317, Mr. DeLiso moved that the Board find that Lloyd H. Millanise Tr. is in violation of City of Boynton Beach Code Section as cited, and move to order that the Respondent correct the violation on or before May 20, 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 $75.00 per day plus Administrative Costs shall be imposed for each day the violation continues past May 20, 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 asked if there was a reason for imposing a fine of $75.00 and Mr. DeLiso thought they could do something new. Ms. Carroll asked if the motion 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 could be modified to a lesser fine and Mr. Foot thought $25.00 would be more appropriate. Hearing no second for the motion, the motion died. Motion Based on the Testimony and evidence presented in Case No. 05-317, Mr. Foot moved that the Board find that Lloyd H. Millanise Tr. is in violation of City of Boynton Beach Code Section as cited, and move to order that the Respondent correct the violation on or before May 20, 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 20, 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 seconded by Ms. Carroll and carried unanimously. Case No. 04-2752 Property Address: Violation(s): Stephen L. Cawthon 132 SE 12th Avenue FBC 2001 ED BBA 104.1.1 BBA FBC 2001 104.7.5 No permit for installed back shed. See copy of "Red Tag". Code and Rehab Inspector Roy stated this was a single-family homesteaded dwelling, and the case originated as a result of a "Red Tag". The initial inspection date was December 8, 2004. A written notice was sent out and the property owner was given 10 days to comply. Certified mail was sent out on March 7, 2005 and signed on March 16, 2005. The City recommends 10 days for compliance. Ms. Cook left the meeting at 8:46 p.m. Stephen Cawthon, 132 SE 12th Avenue, pled not guilty. He stated the house was built in 1953 and is less than 1000 square feet. He assumed ownership in September 2001. He erected a shed in June 2004. Mr. Cawthon stated that based on his survey of the property, there was a shed on location where the existing shed is now located and therefore thought no permit would be required. 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 Assistant City Attorney Tolces said his understanding is if you remove or replace a shed even though one had been there previously, the new shed must comply with the City's code. Code and Rehab Inspector Roy agreed with Mr. Tolces and said the purpose of getting a permit is because product standards must be met before a building department issues a permit. Mr. Cawthon presented his survey, which showed the existing shed and also a photograph of the shed to the Board. Mr. DeLiso asked if the shed was torn down and pointed out that the evidence that Mr. Cawthon was presenting was irrelevant, since the original shed was down and reiterated that Mr. Cawthon must get a permit. Mr. Cawthon asked if the permit violation could be dismissed and if it is not, he asked the Board to give him enough time to obtain the permit. Code and Rehab Inspector Roy said Mr. Cawthon has to meet setbacks and when he applies for the permit he will obtain all the necessary information from the City. Motion Based on the Testimony and evidence presented in Case No. 04-2752, Ms. Carroll moved that the Board find that Stephen L. Cawthon is in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violations on or before May 20, 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 violation continues past May 20, 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 seconded by Ms. Simshauser and passed 5-0 (Vice Chair Cook was away at the time). Vice Chair Cook returned at 8:52 p.m. 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 Case No. 05-622 Michael Parker, Robin Cogas &. Elaine Venturelli 603 N Seacrest Boulevard CHiS-ART. IX-15-120 (D). INC Remove all trash and debris. Remove or register all inoperable vehicles. Property Address: Violation( s): Code and Rehab Inspector Roy stated this was a single-family home and the homestead information was unavailable. The case originated as a result of a routine inspection on March 22, 2005. A written notice was given, with 10 days to comply. Certified mail was sent out on April 5, 2005 and signed on April 6, 2005. The City recommended 10 days to come into compliance. Michael Parker, 502 Sunshine Drive, Delray Beach, pled no contest, and stated he was part owner of the property. He informed the Board the property was cleaned up. He registered the property with Eastern Towing, and put up tow away signs. He gave the tenant until this week to remove the vehicle. If the vehicle was not removed by weekend, he would have the vehicle towed. He said he would let Mr. Roy know if the vehicle was towed. Motion Based on the Testimony and evidence presented in Case No. 05-622, Ms. Carroll moved that the Board find that Michael Parker, Robin Cogas & Elaine Venturelli, are in violation of City of Boynton Beach Code Section as cited, and move to order that the Respondents correct the violation on or before April 30, 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 violation continues past April 30, 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. Motion seconded by Mr. Foot and unanimously carried. Mr. Parker pointed out his property extends 28 feet from the corner of the front section of the house. Next to the property there is a pink house with an RV in the back where someone resides. On that same property, there is a part of a shed where someone also resides. After he cleaned up his garbage, there was carpeting from the other property lying on his side. There are trees which separate the two yards but the trees are not the boundary. The boundary is five feet from the trees. He wanted the Board to know there was garbage there, which may seem like it was on his property when in fact it was not. 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 Case No. 05-623 Michael Parker, Robin Cogas &. Elaine Venturelli 607 N Seacrest Boulevard CHiS-ART. IX-15-120 (D). INC Remove all trash and debris. Remove or register all inoperable vehicles. Property Address: Violation( s): Code and Rehab Inspector Roy stated this was a single-family home and the homestead information was unavailable. The case originated as a result of a routine inspection on March 22, 2005. A written notice was given, with 10 days to comply. Certified mail was sent out on AprilS, 2005 and signed on April 6, 2005. The trash and debris had been removed, but the vehicle still remains. The City recommended 10 days for compliance. Michael Parker, 502 Sunshine Drive, Delray Beach, stated he was part owner of the property, and pled no contest. He informed the Board the yard had been cleaned up and tow away signs had been placed at the property and if the vehicle was not removed by weekend, the vehicle would be towed by Monday. Motion Based on the Testimony and evidence presented in Case No. 05-623, Ms. Carroll moved that the Board find that Michael Parker, Robin Cogas & Elaine Venturelli, are in violation of City of Boynton Beach Code Section as cited, and move to order that the Respondents correct the violation on or before April 30, 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 violation continues past April 30, 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. Motion seconded by Mr. DeLiso and unanimously carried. Lien Certification Case No. 04-1890 AAM Industries Inc. 225 SE 5th Avenue Code Compliance Officer Cain stated the Code Compliance Board hearing date for this case was October 20, 2004 and Mark Moretto appeared on behalf of AAM Industries Inc. The compliance date proposed was December 19, 2004 or $25.00 per day plus administrative costs if the violation was still in existence 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 beyond that date. The number of days of non-compliance was 121 days, and the violation still exists. Mark Moretto, Vice President of AAM Industries Inc., 225 SE 5th Avenue, informed the Board once they got the violation they went for the Site Plan Modification, because they had thought they were in compliance since they had been in that location for 15 years and had approval when they bought the property for the gas tanks, which they obtained permits for. The City stated even though in their letter they were referred to as gas tanks they were actually propane tanks. Mr. Moretto said since the last meeting. He was to get the Fire Inspector to show them where they needed to move tanks. The Fire Inspector informed them to go to the City to see Mr. Johnson, who referred them to Mr. Erskine, who handles gas tank situations. Mr. Erskine informed them to get approval from the Department of Environmental Resource Management. Mr. Morretto stated when he contacted this department; he was told that because the size of the tanks was less than 600 gallons, it was a City issue. He went back to Mr. Erskine and relayed what he was told by the Dept. of Environmental Resource Management. Since they got the location of where the fire department wanted the tanks, and the requirements by the City, they went to an engineer to prepare a plan. They received the sealed engineers plan and would submit the plan to the City in order to get the permit to relocate the tanks. Vice Chair Cook suggested tabling the matter, since the property owners seem to by trying to comply. Motion Vice Chair Cook moved that Case No. 04-1890 be tabled until the Code Compliance Board Meeting to be held on June 15, 2005. Motion seconded by Mr. DeLiso and unanimously carried. Case No. 04-2679 Richard &. Cathy Barnes 230 SW 6th Street Code Compliance Officer Cain stated the notice of violation date was December 1, 2004. The Code Compliance Board hearing was on February 16, 2005 and no one appeared. The compliance date set by the Board was March 18, 2005 or $50.00 a day. The date complied was April 11, 2005, and the number of days of non-compliance was 23. The City recommended no fine. 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 Motion Based on the testimony and evidence presented in Case No. 04-2679, Mr. Foot moved that the Board find that the Respondents have complied with this Board's Order dated February 16, 2005, and having considered the gravity of the violations, the actions taken by the Respondents, that this Board impose a fine in the amount of $0.00. Motion seconded by Mr. DeLiso and unanimously carried. Case No. 04-2320 William Hancock 1401 NW 7th Street Sr. Code Compliance Officer Mike Melillo stated the notice of violation was October 13, 2004. The Code Compliance Board hearing was March 16, 2005, and no one appeared. A compliance date of March 26, 2005 was set or $100.00 a day. The violation still exists, a total of 24 days of non-compliance. Bill Hancock, 1401 NW 7th Street, stated he did not have the money to correct the violations. He has rented a backhoe and is in the process of bringing the property into compliance. Vice Chair Cook suggested certifying the fine, and then Mr. Hancock could come back to the Board and ask for leniency if he gets the project done within a reasonable amount of time. Mr. Foot asked why they had issued the $100.00 per day fine at the previous Board hearing. Ms. Carroll stated because there was a pool. Sr. Code Compliance Officer Melillo said the pool is safer now, and Mr. Hancock has a safety fence around it. He has done a significant amount of work with the backhoe, but it may take a while to have it completed. He informed the Board it is a big piece of property, which was devastated by the storm. He also had problems with his tenants who were there, but that problem was resolved. Motion Mr. DeLiso moved that Case No. 04-2320 be tabled until the Code Compliance Board Meeting to be held on August 21, 2005. Motion seconded by Vice Chair Cook and unanimously carried. Case No. 04-443 Gary J. Bataille 1498 NW 1st Street Sr. Code Compliance Officer Webb stated the notice of violation date was March 9, 2004. The Code Compliance Board hearing date was August 18, 2004, and no one appeared. A compliance date was set for August 28, 2004 or a fine of $25.00 per day. The violation still exists for a total of 234 days of non- compliance. 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 Gary Bataille, 1810 N Dixie Highway, Lake Worth, told the Board he had problems with the contractor who was paid to get the permits, but did not. Mr. Bataille said he had been to the City on several occasions and spoke with Mr. Webb and Mr. Don Johnson in an attempt to get the permit. He got the permits last year and has been working on the property. Vice Chair Cook asked Sr. Code Compliance Officer Webb if Mr. Bataille obtained the permits last year, and was still working on the property. Sr. Code Compliance Officer Webb said Mr. Bataille had the building permits but Mr. Don Johnson stated he was also required to get permits for electrical and plumbing - which is still setting up in the Planning Department. According to the red tag, each of the permits were listed individually. He spoke with Don Johnson before coming to the meeting about the case. The City was suggesting certifying the fine, but Mr. Bataille could request a lien reduction at a later date. Motion Based on the testimony and evidence presented in Case No. 04-443, Mr. DeLiso move that the Board find that the Respondent has not complied with this Board's Order dated August 28, ~004, 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. Motion seconded by Ms. Carroll and carried unanimously. Cases to be heard (New) Sr. Code Compliance Officer Webb stated the witness for the next case had to be sworn in. Assistant City Attorney Tolces administered the oath to those expected to testify. Case No. 04-2762 Property Address: Violation(s): Wilton H. Wilson 460 Ocean Parkway CH is-ART .IX-15-120(D) lINC CHAPTER 20 SEC. 8 E-16 Remove unlicensed and inoperable vehicle from yard. Place 4" house number on building. Sod yard and swale. 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 Senior Code Compliance Webb stated this was a single-family homesteaded property. The case originated as a result of routine inspection on December 8, 2004. A written notice was sent with 30 days to come into compliance. The City posted the property on March 19, 2005. They have complied with the removal of the vehicle and the house number but the sod violation still exists. Kevin Henry, 460 Ocean Parkway, pled no contest. He stated he lost his job around the time the first letter was sent (which he did not receive). Around the second time a letter was sent, he was involved in a car accident and could not go outside for a month. When he finally was able to go outside he saw the pink slip and went to the post office and collected the letter. He called the City and found out what was necessary to come into compliance. He just started working, and needs to catch up on some past due bills and asked the Board to give him 90 days to come into compliance. In light of Mr. Henry's hardships, and the fact he had come into compliance with the other violations and only had to sod the yard, Vice Chair Cook thought the Board should give him the 90 days to come into compliance. Motion Based on the Testimony and evidence presented in Case No. 04-2762, Ms. Carroll moved that the Board find that Wilton H. Wilson, is in violation of the City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violations on or before July 19, 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 violation continues past July 19, 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 seconded by Vice Chair Cook and unanimously carried. (A five-minute recess was taken at 9:19 p.m.) Mr. DeLiso left the meeting at 9:19 p.m. 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida Case No. 04-2764 Property Address: Violation(s): April 20, 2005 Nicholas J. &. Norma L. Berbes 603 W Ocean Avenue CH15-ART.IX-15-120 (B).l CH15-ART.IX-15-120 (D). INC Remove all loose trash from swale. Mow grass, weeds and trim. Install Grass where brown and bare spots occur. Maintain the swale on a regular schedule. Code Compliance Officer Cain stated the City recommended a compliance date of May 20, 2005. Motion Based on the Testimony and evidence presented in Case No. 04-2764, Mr. Foot moved that the Board find that Nicholas J. & Norma L. Berbes 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 May 20, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus Administrative Costs shall be imposed for each day the violations continue past May 20, 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 carried 5-0 (Mr. Delisa was not present). Case No. 05-457 Property Address: Violation( s): Climate Control Services, Inc. 1740 Corporate Drive FBC 2001 EDITION BBA 104.1.1 FBC 2001 EDITION 105.6 BBA FBC 2001104.7.5 Permits and inspections. See Copy of "Red Tag". Code Compliance Officer Cain stated the City recommended a compliance date of April 30, 2005. 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 Motion Based on the Testimony and evidence presented in Case No. 05-457, Mr. Foot moved that the Board find that Climate Control Services, Inc., 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 30, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any pervious 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 April 30, 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 seconded by Ms. Simshauser and carried 5-0 (Mr. Delisa was not present). Case No. 05-463 Property Address: Violation(s): Powell Associates, Inc. 3451 High Ridge Road FBC 2001 ED BBA 104.1.1 FBC 2001 ED 105.6 BBA FBC 2001 104.7.5 Secure a permit and inspections. See copy of "Red Tag". Code Compliance Officer Cain stated the City recommended a compliance date of April 30, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-463, Mr. Foot moved that the Board find that Powell Associates, Inc., 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 30, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any pervious 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 April 30, 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 seconded by Ms. Simshauser and carried 5-0 (Mr. Delisa was not present). 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 Case No. 05-503 Property Address: Violation( s): Leonard &. Joann Williams 1116 Lake Terrace 115 FBC 2001 ED BBA 104.1.1 FBC 2001 ED 105.6 BBA FBC 2001 104.7.5 Secure permits and inspections. See copy of "Red Tag". Code Compliance Officer Cain stated the City recommended a compliance date of April 30, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-503, Ms. Carroll moved that the Board find that Leonard & Joann Williams 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 April 30, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any pervious violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus Administrative Costs shall be imposed for each day the violations continue past April 30, 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. Motion seconded by Vice Chair Cook and carried 5-0 (Mr. Delisa was not present). Case No. 05-490 Property Address: Violation(s): Francisco A. &. Olga Solis SE 2nd Avenue BBA FBC 2001104.7.5 Vacant lot west of 625 SE 2nd Avenue. Work commencing before issuance of permit. See copy of "Red Tag". Code Compliance Officer Guillaume stated the City recommended a compliance date of April 30, 2005 or $250.00 per day. Mr. Foot questioned the City's recommendation of $250.00 fine per day and asked if the property owners were repeat violators. Code Compliance Officer Guillaume stated it was a vacant lot and work was started without the permit. 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 Motion Based on the Testimony and evidence presented in Case No. 05-490, Ms. Simshauser moved that the Board find that Francisco A. & Olga Solis 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 April 30, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any pervious violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $250.00 per day plus Administrative Costs shall be imposed for each day the violations continue past April 30, 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. Motion seconded by Mr. Foot and carried 5-0 (Mr. Delisa was not present). Case No. 05-587 Property Address: Violation(s): Erix A. Alvarez 130 SE 8th Avenue NEC 2005 EDITION ART.300 NEC CODE 2005 ED ART. 225 NEC 2005 EDITION 110.26 Fire damage inspection kitchen ceiling wiring not properly wired. Panel not accessible. All fuses shall be checked according to proper wire size. See copy of "Red Tag". Code Compliance Officer Guillaume stated the City recommended a compliance date May 20, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-587, Ms. Carroll moved that the Board find that Erix A. Alvarez 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 May 20 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any pervious 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 May 20, 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. 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 Vice Chair Cook asked if the violation is for wiring, and was it a fire hazard. Code Compliance Officer Guillaume stated the house is vacant. The Motion was seconded by Ms. Simshauser and carried 5-0 (Mr. DeLiso was not present). Case No. 05-310 Property Address: Violation(s): Jean S. &. Joseph M. Felix 2105 NE 3rd Street 13-16 B.B.C. Of ORD FBC 2001 ED BBA 104.1.1 CH15-ART.IX-15-120 (B). 1 CH15-ART.IX-15-120 (D). INC Apply for and receive a rental License for the single-family property. Remove trailer, trash and debris From the City right-of-way and property . Repair roof (permit required). Senior Code Compliance Officer Lewis stated the City recommended a compliance date of May 20, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-310, Ms. Carroll moved that the Board find that Jean S. & Joseph M. Felix 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 May 20, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any pervious violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus Administrative Costs shall be imposed for each day the violations continue past May 20, 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. Motion seconded by Vice Chair Cook and carried 5-0 (Mr. DeLiso was not present). 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 Case No. 05-364 Property Address: Violation(s): Joseph C. &. Suzanna Y. Bean 131 NE 17th Avenue CH15-ART.IX-15-120 (D) lINC CH15-ART.IX-15-120 (E) INC Mow, De-weed and remove all trash and debris from the yard and swale areas. Remove plywood from windows and exterior walls. Re-sod dead areas of the front yard to establish a green lawn. Senior Code Compliance Officer Lewis stated the City recommended a compliance date of May 20, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-364, Ms. Carroll moved that the Board find that Joseph C. & Suzanna Y. Bean, 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 May 20, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any pervious violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus Administrative Costs shall be imposed for each day the violations continue past May 20, 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. Motion seconded by Vice Chair Cook and carried 5-0 (Delisa was not present). Case No. 05-417 Property Address: Violation(s): Henry J. Woods 261 NE 16th Court 10-52 B.B.C. of ORD CH15-ART.IX-15-120 (B). 1 CH15-ART.IX-15-120(D). INC Remove all inoperable vehicles from the property. Clean up and maintain swale areas free of trash and debris. Remove all tires, buckets, and outdoor stored items from the yard areas. 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 Senior Code Compliance Officer Lewis stated the City recommended a compliance date of May 5, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-417, Vice Chair Cook moved that the Board find that Henry J. Woods 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 May 5, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any pervious violations 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 violations continue past May 5, 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 seconded by Ms. Simshauser, and carried 5-0 (Delisa was not present). Case No. 05-454 Property Address: Violation( s): Andre St. Juste 440 NE 14th Avenue 10-2 B.B.C. of ORD 14-3 B.B.C. of ORD Remove over 1 ton truck from the vacant lot. Overgrown lot needs to be mowed and trimmed. Remove any trash and debris. Senior Code Compliance Officer Lewis stated the City recommended a compliance date of April 30, 2005. Ms. Carroll asked if Mr. St. Juste was a repeat offender for this particular property . Senior Code Compliance Officer Lewis said he was not sure if it was the same violation, the property was now vacant. Motion Based on the Testimony and evidence presented in Case No. 05-454, Ms. Carroll moved that the Board find that Andre St. Juste 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 30, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any pervious violations by the Respondent, and hereby orders that if the Respondent does not 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 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 30, 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 seconded by Vice Chair Cook, and carried 5-0 (DeLiso was not present). Case No. 05-551 Property Address: Violation(s): Russell L. Darvin 1920 N Seacrest Boulevard 14-3 B.B.C. of ORD CH15-ART.IX-15-120 (D) lINC Remove inoperable, unregistered and over i-ton box truck from the property . All vehicles need to be registered and operable. Senior Code Compliance Officer Lewis stated the City recommended a compliance date of May 5, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-551, Vice Chair Cook moved that the Board find that Russell L. Darvin 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 May 5, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any pervious 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 May 5, 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 seconded by Ms. Carroll, and carried 5-0 (DeLiso was not present). Case No. 05-567 Property Address: Violation(s): Robert J. Manze Ltd Partnership 8562 Lawrence Road 13-16 B.B.C. of ORD FBC 2001 EDITION BBA 104.1.1 Ch15-ART.IX-15-120 (D). INC 20-6. B.B.C. of ORD 20-7. B.B.C. of ORD 20-8 OCCUPYING PRIV PROP 28 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 Remove outdoor storage trailer, motor home occupancy is not allowed in residential zone. Remove rock parking area and plant sod. Permitted parkingl driveways are only allowed. Rental property requires an occupational license. New shed requires a building permit and inspections. Senior Code Compliance Officer Lewis stated the City recommended a compliance date of June 19, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-567, Ms. Carroll moved that the Board find that Robert J. Manze Ltd Partnership 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 June 19, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any pervious 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 19, 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 seconded by Ms. Simshauser, and carried 5-0 (DeLiso was not present). Case No. 04-2797 Property Address: Violation{s): James R. &. Kathleen Montgomery 411 SE 20th Court CH15-ART.IX-15-120 (D). INC 20-7. B.B.C of ORD Sod yard. Remove all unregistered I inoperable vehicles off property. Boat must be parked on a hard surface. Remove boat off swale. Code Compliance Officer Pierre stated the City recommended a compliance date of May 20, 2005. 29 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 Motion Based on the Testimony and evidence presented in Case No. 04-2797, Ms. Carroll moved that the Board find that James R. & Kathleen Montgomery, 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 May 20, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any pervious violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus Administrative Costs shall be imposed for each day the violations continue past May 20, 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. Motion seconded by Ms. Simshauser and carried 5-0 (DeLiso was not present). Case No. 05-220 Property Address: Violation(s): Susie Sporysz EST. 503 SE 23rd Avenue CH15-ART.IX-15-120 (B). 1 Repair driveway apron and sod swale. Replace fence. Code Compliance Officer Pierre stated the City recommended a compliance date of May 20, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-220, Vice Chair Cook moved that the Board find that Susie Sporysz EST., 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 May 20, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any pervious 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 May 20, 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 seconded by Ms. Carroll, and carried 5-0 (DeLiso was not present). Case No. 05-292 Property Address: Violation(s): Judith Lohmann 137 SE 27th Avenue CH15-ART.IX-15-120 (D) INC Sod all bare spots including swale area. 30 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 Code Compliance Officer Pierre stated the City recommended a compliance date of May 20, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-292, Vice Chair Cook moved that the Board find that Judith Lohmann, 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 May 20, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any pervious 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 May 20, 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 seconded by Ms. Simshauser, and carried 5-0 (DeLiso was not present). Case No. 05-296 Nickolas Loulis Trust &. John N. Loulis 243 SE 24th Avenue 13-16 B.B.C of ORD CH15-ART.IX-15-120 (D) INC Sod all bare spots and de- weed yard. An occupational license is required for rental property. Obtain your rental license to comply with City codes. Property Address: Violation( s): Code Compliance Officer Pierre stated the City recommended a compliance date of May 20, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-296, Ms. Carroll moved that the Board find that Nickolas Loulis Trust & John N. Loulis, 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 May 20, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any pervious violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus Administrative Costs shall be imposed for each day the violations continue past May 20, 2005. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order 31 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Cook and carried 5-0 (DeLiso was not present). Case No. 05-331 Property Address: Violation(s): Mogloire Olman 2873 SE 1st Place CH15-ART.IX-15-120 (D).INC De-weed and sod bare spots in yard. Remove inoperative vehicle. Code Compliance Officer Pierre stated the City recommended a compliance date of May 20, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-331, Vice Chair Cook moved that the Board find that Mogloire Olman, 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 May 20, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any pervious 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 May 20, 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 seconded by Ms. Carroll, and carried 5-0 (DeLiso was not present). Case No. 05-572 Property Address: Violation( s): Joseph Sabine 152 SE 29th Avenue FBC 2001 ED BBA 104.1.1 Obtain a roof permit. Code Compliance Officer Pierre stated the City recommended a compliance date of May 20, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-572, Vice Chair Cook moved that the Board find that Joseph Sabine, is in violation of City of Boynton Beach Code Section as cited, and move to order that the Respondent corrects the violation on or before May 20, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any pervious 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 32 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 Administrative Costs shall be imposed for each day the violation continues past May 20, 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 seconded by Ms. Carroll, and carried 5-0 (DeLiso was not present). Case No. 05-72 Property Address: Violation(s): Major &. Alma M. Washington 712 NW 1st Street FBC 2001 ED BBA 104.1.1 FBC 2001 ED 105.6 Obtain permit for roof and inspections. Code and Rehab Inspector Roy stated the City recommended a compliance date of April 30, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-72, Mr. Foot moved that the Board find that Major & Alma M. Washington, 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 April 30, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any pervious violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus Administrative Costs shall be imposed for each day the violations continue past April 30, 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. Motion seconded by Vice Chair Cook, and carried 5-0 (DeLiso was not present). Case No. 05-319 Property Address: Violation( s): Herisse Rockfeler 921 NW 3rd Street CH15-ART.IX-15-120 (D) INC Remove or register all unlicensed or inoperable vehicles from your property. Code and Rehab Inspector Roy stated the City recommended a compliance date of April 30, 2005. 33 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 Motion Based on the Testimony and evidence presented in Case No. 05-319, Ms. Carroll moved that the Board find that Herisse Rockfeler, is in violation of City of Boynton Beach Code Section as cited, and move to order that the Respondent corrects the violation on or before April 30, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any pervious 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 30, 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 seconded by Vice Chair Cook, and carried 5-0 (Delisa was not present). Case No. 05-477 Property Address: Violation(s): Vilius &. Marie R. Thomas 125 NW 4th Avenue CH15-ART.IX-15-120 (D).INC Register or remove all unregistered inoperable vehicles from your property. Code and Rehab Inspector Roy stated the City recommended a compliance date of April 30, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-477, Vice Chair Cook moved that the Board find that Vilius & Marie R. Thomas, are in violation of City of Boynton Beach Code Section as cited, and move to order that the Respondents correct the violation on or before April 30, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any pervious violation by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50.00 per day plus Administrative Costs shall be imposed for each day the violation continues past April 30, 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 seconded by Ms. Carroll, and carried 5-0 (Delisa was not present). 34 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 Case No. 05-478 Property Address: Violation(s): Steven M. Lockett 120 NW 4th Avenue CH15-ART.IX-15-120 (D)INC Clean and mow rear yard. Maintain grass in front weed free per code. Code and Rehab Inspector Roy stated the City recommended a compliance date of April 30, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-478, Mr. Foot moved that the Board find that Steven M. Lockett, is in violation of City of Boynton Beach Code Section as cited, and move to order that the Respondent corrects the violation on or before April 30, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any pervious 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 30, 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 seconded by Vice Chair Cook, and carried 5-0 (DeLiso was not present). Case No. 05-569 Property Address: Violation( s): A. &. Willie Mae Hankerson 320 NW 2nd Street FBC 2001 ED BBA 104.1.1 13-16 B.B.C. of ORD Permit needed for re-roof. An occupational license is required for rental. Code and Rehab Inspector Roy stated the City recommended a compliance date of April 30, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-569, Ms. Carroll moved that the Board find that A. & Willie Mae Hankerson, 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 April 30, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any pervious violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25.00 per 35 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 day plus Administrative Costs shall be imposed for each day the violations continue past April 30, 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. Motion seconded by Vice Chair Cook and carried 5-0 (Delisa was not present). Case No. 05-615 Property Address: Violation(s): Mary Carrington 717 NW 1st Street CH is-ART .IX-15-120(D ).INC Remove or register any unregisteredl inoperable vehicles from property. Code and Rehab Inspector Roy stated the City recommended a compliance date of May 5, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-615, Ms. Simshauser moved that the Board find that Mary Carrington, is in violation of City of Boynton Beach Code Section as cited, and move to order that the Respondent corrects the violation on or before May 5, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any pervious 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 5, 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 seconded by Vice Chair Cook, and carried 5-0 (Delisa was not present). Case No. 05-624 Property Address: Violation(s): Lucio &. Maria V. Garcia 519 N Seacrest Boulevard CH is-ART .IX-15-120(D ).INC Remove all trash and debris from property. Remove any unregistered inoperable vehicles. Code and Rehab Inspector Roy stated the owners were repeat violators and the City recommended a compliance date of April 30, 2005. 36 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 Motion Based on the Testimony and evidence presented in Case No. 05-624, Mr. Foot moved that the Board find that Lucio & Maria V. Garcia, 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 April 30, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any pervious violations 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 violations continue past April 30, 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. Motion seconded by Vice Chair Cook and carried 5-0 (DeLiso was not present). Case No. 04-1381 Property Address: Violation{s): F.M. &. Viola I. Mulvey 337 NE 14th Avenue CH is-ART .IX-15-120{D)lINC Repair driveway and re-seal. Sod all areas void of grass in yard and swale. Sr. Code Compliance Officer Webb stated the City recommended a compliance date of May 20, 2005. Motion Based on the Testimony and evidence presented in Case No. 04-1381, Ms. Simshauser moved that the Board find that F.M. & Viola I. Mulvey, 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 May 20, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any pervious violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus Administrative Costs shall be imposed for each day the violations continue past May 20, 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. Motion seconded by Ms. Carroll and carried 5-0 (DeLiso was not present). Case No. 04-2824 Property Address: Violation{s): Sunshine Homes &. Apartment Inc. 3150 Orange Street CH15-ART.IX-15-120 (D). lA PT3- LDR.CH 20-VIII.SEC1.G. FBC 2001 ED BBA 104.1.1 37 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 Remove all loose trash. Pull proper permit for remodeling house. Secure house to prevent entry by the public. Sr. Code Compliance Officer Webb stated the City recommended a compliance date of May 5, 2005. Motion Based on the Testimony and evidence presented in Case No. 04-2824, Vice Chair Cook moved that the Board find that Sunshine Homes & Apartment Inc., 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 May 5, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any pervious violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $150.00 per day plus Administrative Costs shall be imposed for each day the violations continue past May 5, 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 seconded by Mr. Foot and carried 5-0 (DeLiso was not present). Case No. 05-184 Property Address: Violation( s): John H. &. Ivonne Reynolds 2320 NW 1st Street CHAPTER 21 ART 1 SEC 5 BBA FBC 2001104.7.5 See copy of "Red Tag". No permits found for doors, windows, lath stucco, drywall insulation, electrical, plumbing, A/C. Sr. Code Compliance Officer Webb stated the City recommended a compliance date of April 30, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-184, Vice Chair Cook moved that the Board find that John H. & Ivonne Reynolds, 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 April 30, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any pervious violations by the Respondents, and hereby orders that if the 38 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 Respondents do not comply with this Order, a fine in the amount of $150.00 per day plus Administrative Costs shall be imposed for each day the violations continue past April 30, 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. Motion seconded by Ms. Carroll and carried 5-0 (DeLiso was not present). Case No. 05-254 Property Address: Violation( s): Johnny Young Jr./Norma Guthrie 211 NE 26th Avenue CH15-ART.IX-15-120 (D). INC CH15-ART.IX-15-120 (E) INC CHAPTER 20 SEC. 8 E-16 Sod areas void of grass in yard. Repair wooden fence. Place 4" house number on building visible from adjacent street. Repair garage door. Sr. Code Compliance Officer Webb stated the City recommended a compliance date of May 20, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-254, Vice Chair Cook moved that the Board find that Johnny Young Jr. / Norma Guthrie 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 May 20, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any pervious violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus Administrative Costs shall be imposed for each day the violations continue past May 20, 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. Motion seconded by Ms. Simshauser and carried 5-0 (DeLiso was not present). Case No. 05-257 Property Address: Violation(s): Mateo P. Jose 2628 NE 3rd Street CH 15-ART.IX-15-120(D)lINC CHAPTER 20 SEC. 8 E-16 Sod all bare areas in yard and swale. Remove all loose trash and debris. 39 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 Remove all unlicensed and inoperable vehicles. Place 4" house number on building visible from adjacent street. Sr. Code Compliance Officer Webb stated the City recommended a compliance date of May 20, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-257, Vice Chair Cook moved that the Board find that Mateo P. Jose 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 May 20, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any pervious 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 May 20, 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 seconded by Ms. Simshauser and carried 5-0 (Delisa was not present). Case No. 05-263 Property Address: Violation( s): Barbara Bartels/David Proffitt 2410 NE 3rd Street CH15-ART.IX-15-120 (D) lINC CHAPTER 20 SEC. 8 E-16 Sod all bare areas in yard and swale. Place 4" house number on building visible from adjacent street. Sr. Code Compliance Officer Webb stated the City recommended a compliance date of May 20, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-263, Vice Chair Cook moved that the Board find that Barbara Bartels/David Proffitt, 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 May 20, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any pervious violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the 40 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 amount of $25.00 per day plus Administrative Costs shall be imposed for each day the violations continue past May 20, 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. Motion seconded by Ms. Carroll and carried 5-0 (DeLiso was not present). Case No. 05-266 Property Address: Violation(s): Marie M. Severe 2632 NE 3rd Court CH is-ART .IX-15-120(D)lINC CHAPTER 20 SEC. 8 E-16 Sod all bare areas in yard and swale. Remove inoperable and unlicensed vehicle. Place 4" house number on building visible from adjacent street. Sr. Code Compliance Officer Webb stated the City recommended a compliance date of May 20, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-266, Ms. Simshauser moved that the Board find that Marie M. Severe 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 May 20, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any pervious 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 May 20, 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 seconded by Mr. Foot and carried 5-0 (DeLiso was not present). Case No. 05-286 Property Address: Violation( s): Amarante Estime 2720 NW 1st Street PT3-LDR.CH2. SEC. 5. D. 1. 14-3 B.B.C. of ORD CH is-ART .IX-15-120(D) lINC CHAPTER 20 SEC. 8 E-16 Sod all areas in yard and swale void of grass. 41 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 Remove all trash and debris including abandoned vehicle from front side and rear property. Trim overgrowth. Place 4" house number on building visible from adjacent street. Stop parking oversize vehicle in a R-l-A residential zone. Sr. Code Compliance Officer Webb stated the City recommended a compliance date of May 20, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-286, Ms. Carroll moved that the Board find that Armarante Estime 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 May 20, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any pervious 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 May 20, 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 seconded by Vice Chair Cook and carried 5-0 (Delisa was not present). Case No. 05-287 Property Address: Violation(s): Orville U. &. Desseen R. Smith 2741 NW 1st Street CH15-ART.IX-15-120 (D) 1.E CHAPTER 20 SEC. 8 E-16 Sod swale and place 4" house numbers on building visible from adjacent street. Sr. Code Compliance Officer Webb stated the City recommended a compliance date of April 30, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-287, Ms. Simshauser moved that the Board find that Orville U. & Desseen R. Smith are in violation of City of Boynton Beach Code Sections as cited, and move to order that 42 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 the Respondents correct the violations on or before April 30, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any pervious violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus Administrative Costs shall be imposed for each day the violations continue past April 30, 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. Motion seconded by Ms. Carroll and carried 5-0 (DeLiso was not present). Fine Certification Code Compliance Officer Cain recommended the following cases be certified at $25.00 per day: Case No. 05-166, Case No. 04-2795,Case No. 05-169, Case No. 04-2853, Case No. 04-2777. Case No. 05-166 Biana H. Jones 221 NW 5th Court Motion Based on the testimony and evidence presented in Case No. 05-166, Ms. Simshauser moved that this Board find that the Respondent has not complied with this Board's Order dated February 16, 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. Vice Chair Cook seconded the motion that carried 5-0 (DeLiso was not present). Case No. 04-2795 Michael C. Kirk 404 SE 20th Court Motion Based on the testimony and evidence presented in Case No. 04-2795, Ms. Simshauser moved that this Board find that the Respondent has not complied with this Board's Order dated February 16, 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. Vice Chair Cook seconded the motion that carried 5-0 (DeLiso was not present). 43 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 Case No. 05-169 Alton &. Ruthie Banks 430 NW 5th Avenue Motion Based on the testimony and evidence presented in Case No. 05-169, Ms. Simshauser moved that this Board find that the Respondents have not complied with this Board's Order dated February 16, 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. Vice Chair Cook seconded the motion that carried 5-0 (DeLiso was not present). Case No. 04-2853 Constance R. Gooden 70 Miner Road Motion Based on the testimony and evidence presented in Case No. 04-2853, Ms. Simshauser moved that this Board find that the Respondent has not complied with this Board's Order dated February 16, 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. Vice Chair Cook seconded the motion that carried 5-0 (DeLiso was not present). Case No. 24-2777 Mary E. Darrell 2510 NW 2nd Street Motion Based on the testimony and evidence presented in Case No. 04-2777, Ms. Simshauser moved that this Board find that the Respondent has not complied with this Board's Order dated February 16, 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. Vice Chair Cook seconded the motion that carried 5-0 (DeLiso was not present). Code Compliance Officer Cain recommended the following cases be certified at $100.00 per day: Case No. 04-690, Case No. 05-383 44 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 Case No. 04-690 Pelican Point Properties LLC 180 SW 3rd Avenue Motion Based on the testimony and evidence presented in Case No. 04-690, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated June 16, 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 $100.00 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Simshauser seconded the motion that carried 5-0 (DeLiso was not present). Case No. 05-383 Iglad A. Naurelus &. Guy Estella 155 NE 16th Ave. Motion Based on the testimony and evidence presented in Case No. 04-383, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated March 16, 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 $100.00 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Simshauser seconded the motion that carried 5-0 (DeLiso was not present). Code Compliance Officer Cain recommended the fol/owing case be certified at $1,609.12. Case No. 04-1297 John W. Field Jr. 3320 E. Atlantic Drive Motion Based on the testimony and evidence presented in Case No. 04-1297, Mr. Foot moved that the Board find that the Respondent, John W. Field Jr., was in violation of the City of Boynton Beach Code Sections as cited, subsequent to the date of compliance specified in this Board's Order of July 21, 2004, and in consideration of the gravity of the violations, the actions taken by the Respondent to remedy the violations, and previous violations of the Respondent, that this Board impose and certify a fine in the amount of $1,609.12. Motion seconded by Ms. Carroll and carried 5-0 (DeLiso was not present). Code Compliance Officer Cain recommended the fol/owing cases have complied and be certified at "No Fine'~' Case No. 04-1891, Case No. 04-2649, Case No. 04- 2860, Case No.04-2836, Case No. 04-2870, Case No. 04-2892, Case No. 04- 2857, Case No. 04-990 45 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 Case No. 04-1891Chackman Motels Inc. 706 W Boynton Beach Blvd. Motion Based on the testimony and evidence presented in Case No. 04-1891, Mr. Foot moved that the 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. Motion seconded by Ms. Carroll and carried 5-0 (DeLiso was not present). Case No. 04-2649 Stephanie Omari Murray 201 SW 11th Ave. Motion Based on the testimony and evidence presented in Case No. 04-2649, Mr. Foot moved that the Board find that the Respondent has complied with this Board's Order dated January 19, 2005, and 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 $0.00. Motion seconded by Ms. Carroll and carried 5-0 (DeLiso was not present). Case No. 04-2860 Three Hundred Block A Meadows Drive Motion Based on the testimony and evidence presented in Case No. 04-2860, Mr. Foot moved that the Board find that the Respondent has complied with this Board's Order dated February 16, 2005, and 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 $0.00. Motion seconded by Ms. Carroll and carried 5-0 (DeLiso was not present). Case No. 04-2836 Theresa L. Smith 319 NE 16th Avenue Motion Based on the testimony and evidence presented in Case No. 04-2836, Mr. Foot moved that the Board find that the Respondent has complied with this Board's Order dated February 16, 2005, and 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 $0.00. Motion seconded by Ms. Carroll and carried 5-0 (DeLiso was not present). 46 Meeting Minutes Code Compliance Board Boynton Beach, Florida Case No. 04-2870 Thomas C. Hill April 20, 2005 610 NE 15th Place Motion Based on the testimony and evidence presented in Case No. 04-2870, Mr. Foot moved that the Board find that the Respondent has complied with this Board's Order dated February 16, 2005, and 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 $0.00. Motion seconded by Ms. Carroll and carried 5-0 (DeLiso was not present). Case No. 04-2892 Farhan Khan &. Faisal M. Hassan 2111 NE 3rd Street Motion Based on the testimony and evidence presented in Case No. 04-2892, Mr. Foot moved that the 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 $0.00. Motion seconded by Ms. Carroll and carried 5-0 (DeLiso was not present). Case No. 04-2857 Michael S. Sr. &. Erma L. Parker 3109 SE 1st Court Motion Based on the testimony and evidence presented in Case No. 04-2857, Mr. Foot moved that the 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 $0.00. Motion seconded by Ms. Carroll and carried 5-0 (DeLiso was not present). Case No. 04-990 Keith L. Ellis 2133 NE 1st Street Motion Based on the testimony and evidence presented in Case No. 04-990, Mr. Foot moved that the Board find that the Respondent has complied with this Board's Order dated July 21, 2004, and 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 $0.00. Motion seconded by Ms. Carroll and carried 5-0 (DeLiso was not present). 47 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 Code Compliance Officer Cain recommended the following cases be tabled until May 18,2005: Case No. 04-2759, Case No. 04-2890. Case No. 04-2759 Ellington &. Shirlene Beckles 310 NW 16th Ct. Motion Ms. Carroll moved that Case No. 04-2759 be tabled until the Code Compliance Board Meeting to be held on May 18, 2005. Vice Chair Cook seconded the motion that carried 5-0 (DeLiso was not present). Case No. 04-2890 Gregory D. Sponburgh 2132 NE 3rd St. Motion Ms. Carroll moved that Case No. 04-2890 be tabled until the Code Compliance Board Meeting to be held on May 18, 2005. Vice Chair Cook seconded the motion that carried 5-0 (DeLiso was not present). Code Compliance Officer Cain recommended the following cases be tabled until June 15, 2005: Case No. 04-2410, Case No. 03-2152. Case No. 04-2410 Crystal Key At Woolbright Place SW 8th St. Motion Ms. Carroll moved that Case No. 04-2410 be tabled until the Code Compliance Board Meeting to be held on June 15, 2005. Ms. Simshauser seconded the motion that carried 5-0 (DeLiso was not present). Case No. 03-2152 Premier Gateway Center At Quantum 2051 High Ridge Road Motion Ms. Carroll moved that Case No. 03-2152 be tabled until the Code Compliance Board Meeting to be held on June 15, 2005. Ms. Simshauser seconded the motion that carried 5-0 (DeLiso was not present). VIII. Discussion There will be a lien reduction hearing April 28, 2005. 48 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 20, 2005 IX. Adjournment Since there was no further business before the Board, the meeting was duly adjourned at 9:51 p.m. Respectfully submitted, c~~~· Catherine Wharton Recording Secretary (April 25, 2005) 49