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Minutes 05-18-05 MINUTES OF THE CODE COMPlJANCE BOARD MEETING HELD IN THE COMMISSION CHAMBERS, arv OF BOYNTON BEACH, FLORIDA, ON WEDNESDAY, MAY 18, 2005 AT 7:00 P.M. Present: Michele Costantino, Chair Kathy Cook, Vice Chair Christopher DeLiso Kathleen Carroll Robert Foot Lisa Simshauser Patricia Maitner 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 Chair Costantino called the meeting to order at 7:00 p.m. D. Approval of Minutes Meeting of April 20, 2005 Mr. Foot asked Council to reword the order for the basic deadline and fine. He did not think it should be "dollars plus administrative charges per day", but rather "dollars per day plus administrative charges". Page 4, Mr. Foot pointed out the officer who spoke was Officer Vail. Page 2, fourth paragraph should be "Senior Code Officer Lewis stated the City reported the following cases have complied". Page 4 and page 7, Mr. Foot noted mention of the word "incidence ts", should be "i nciden~ €e". Mr. Foot stated on page 14, regarding Case No. 042752, he made a note the fine was $250.00 per day, however it showed as $25.00 in the minutes. He also stated on page 17, his notes indicated that Case No. 04-1890 was tabled until MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 May 18, 2005, however it showed in the minutes that it was tabled until June 15, 2005. Assistant City Attorney Tolces pointed out his notes reflected the case was tabled until June 15, 2005. Mr. Foot withdrew the last two questions, and clarified that only the items on pages 4, 2, and 7 would need to be amended. Motion Mr. Foot moved to approve the minutes of the April 20, 2005 meeting, as amended. Vice Chair Cook seconded the motion that carried 7-0. Code Compliance Administrator Blasie pointed out that Diane Johnson, and the Recording Secretary who took the minutes, usually check to be sure that all the information is correct in the minutes. If there is a discrepancy the recording secretary plays back the tapes to be sure it is correct. Lien Reductions Meeting of April 28, 2005 There were no corrections to the minutes. Motion Mr. Foot moved to accept the minutes of the Lien Reductions meeting, held on April 28, 2005. Motion seconded by Ms. Carroll and carried unanimously. m. Approval of Agenda Sr. Code Compliance Officer Webb reported Case No 03-2123 had been should be -tabled until the Code Compliance Board Meeting to be held on June 15, 2005. Motion Mr. Foot moved that Case No. 03-2123 be tabled until the Code Compliance Board Meeting to be held on June 15, 2005. Motion seconded by Ms. Carroll and carried unanimously. Sr. Code Compliance Officer Webb reported Case No 03-3113 had been should be tabled until the Code Compliance Board Meeting to be held on June 15, 2005. Motion Ms. Carroll moved that Case No. 03-3113 be tabled until the Code Compliance Board Meeting to be held on June 15, 2005. Motion seconded by Ms. Simshauser and carried unanimously. 2 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 Sr. Code Compliance Officer Webb reported the following cases had complied: Case No. 05-557, Case No. 05-558, Case No. 05-559, Case No. 05-452. Motion Mr. DeLiso moved to accept the agenda as amended. Motion seconded by Ms. Carroll and carried unanimously. IV. Swearing in of Witnesses and Introduction Assistant City Attorney Tolces explained the plea system, and administered the oath to all persons expected to testify at the meeting. Sr. Code Compliance Officer Webb called the roll to determine who was present. V. New Business Cases to be heard Case No. 05-782 Property Address: Violation(s): Charles J &. Ann Lodolce Tr. 3191 SW 14th Place 13-16 B.B.C. of ORD FBC 2001 ED BBA 104.1.1 704.1 FBC 2001 Fire Resist An occupational license is required to operate your business. A permit is also required of any equipment that is to be electrical hard-wire. Occupancy separation is two- hour minimum when a group occupancy is adjacent to a storage occupancy. Code Compliance Officer Cain reported the case initiated as a complaint. The initial inspection date was April 11, 2005. A written notice was sent out by certified mail on April 29, 2005, and the green card was signed on May 11, 2005. Richard Russell, Attorney, assumed the podium and stated he was representing Charles Lodolce Trust, and pled not guilty. He expressed the matter started last year when the tenant originally applied for an occupational license from the City. The tenant went through the procedure, and contacted the owner of the property. He got approval to bring the property up to code and 3 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 spent over $2,000.00 to come into compliance. It was then stated what was done was not correct, and they were required to tear down what was put up, and start again. He agreed a violation was imposed upon them in April 2005, but the problem started in November 2004. He had a report from the City dated November 16, 2004, telling them what was necessary to meet code. The contractor did what was required, and then they were told it was not right. Attorney Russell expressed they want to come into compliance and if the Board said they must redo the work, they would suffer the costs and do it. He pointed out the wall must be torn down and replaced, but one of the engineers stated there was a possibility that two layers of dry wall could be put over the existing dry wall. However, because the weight would be so great it may cause the roof to cave in. They are therefore forced to spend additional money to come into compliance. Code Compliance Officer introduced Code & License Inspector Peter McCray, who cited the initial violation. Code & License Inspector McCray stated on November 16, 2004 he did an occupational license inspection at the relevant property. At that time, he corresponded with the tenant and informed him what was necessary to meet the code requirements. The first problem was that he was operating a Group F occupancy and his location abuts two Group S occupancies. Mr. McCray explained Group F occupancy is a Factory Occupancy where someone makes and manufactures items or products. Group S Occupancy is when someone stores material and takes it to a job location. He indicated he explained to the tenant what was necessary to meet code requirements. The other problem related to mechanical ventilation. Mr. McCray noted under Section 502.1 of the Florida Mechanical Code, it is stated that an exhaust and ventilation system must be provided when you are manufacturing, and create dust or particles that are likely to float in the air. Mr. McCray stated he told the tenant if he should mechanically hard wire any electrical equipment it would have to be permitted and inspected. He also informed the tenant he would be required to patch all holes and walls throughout the building. The applicant was required to consult with a design professional, and have them draw up the plans to meet all applicable code requirements. A licensed contractor should file applications, secure permits and receive applicable inspection. Mr. DeLiso stated he would like to see pictures, but Mr. McCray did not have any pictures to present. As a result of his inspection, Mr. McCray pointed out he consulted with the Building Official, and took him on the site. The Building Official explained to the tenant what was required. Mr. McCray referred to Attorney Russell's testimony, 4 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 when he stated the tenant had done some work. Mr. McCray felt if the tenant submitted an application and a permit was issued, he would have been instructed how to correctly do the work in order to comply with the code. Mr. McCray wanted to know the permit number the work was done under. Mr. Foot asked if the inspection on November 17, 2004 was a follow up inspection. Mr. McCray pointed out it was the initial inspection, and he was not aware of any other inspections. Mr. DeLiso asked Mr. McCray to clarify if the tenant was working out of the scope of his occupational license, or if he was never issued an occupational license. Mr. McCray stated the tenant was never issued an occupational license because his location did not meet building requirements, for the type of work he was doing at the location. He also pointed out a permit was never issued for work to be done at that location, and if the client spent $2,000.00, he spent it on work that was not permitted. Mr. DeLiso asked what was necessary in order for the Respondent to come into compliance. Mr. McCray stated he would need to follow the inspection report, and hire a general contractor. The general contractor would submit an application to the building department, and they would review the application and issue a permit. After the permit has been issued, work could begin on the necessary modifications. Attorney Russell asked Mr. McCray if he spoke to Mr. Renson, and Mr. McCray stated he had no recollection of that name. Attorney Russell stated that Mr. Renson was a general contractor for Sun Coast Construction and Restoration. Mr. McCray noted he was on the site doing another inspection, and the tenant saw him and brought a gentleman over to him who said he was going to be the tenant's general contractor, however he had no recollection of his name. Attorney Russell asked Mr. McCray if he was the person who would receive a permit or application for a permit. Mr. McCray stated he was not, and noted the Building Department receives permit applications. Attorney Russell asked Mr. McCray if he had a form, which said Permit Number 20052023 from the City of Boynton Beach, if that would mean that a permit was issued, applied for or completed. Mr. McCray said it could possibly mean that, but he had no knowledge of a permit or permit number, issued for that job site. 5 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 Attorney Russell referred to Mr. McCray's earlier testimony, when he said the tenant had to have a permit to start the work. Attorney Russell felt if there was a permit issued, that would mean he was in compliance with the Code. Vice Chair Cook noted that the permit number might not have any bearing to the case. Attorney Russell asked what if the permit said for a two-hour fire rated wall, and Vice Chair Cook stated then he would have more information. Attorney Russell again asked what was necessary for his client to come into compliance. He pointed out the tenant could not get a license until the work is done. Vice Chair Cook felt it was evident the Respondent wanted to come into compliance, and suggested tabling the case for 30 days. Mr. DeLiso felt the issue had been going on for over a year. Vice Chair Cook pointed out it was 6 months, and felt that due to the miscommunications, they should give them 30 days to figure out what was necessary to come into compliance. Code Compliance Administrator Blasie pointed out the tenant was operating without the proper licenses. He stated they would prefer an Order be entered as opposed to tabling. Mr. Foot asked if the City had a recommendation of an appropriate time limit the Respondent should be given. Mr. McCray noted his initial inspection was completed on November 16, 2004, and they initially gave the Respondent 30 days to comply. He was not aware a permit was issued for that address and asked Attorney Russell to see the permit that was issued for that job site. Mr. Foot stated it appeared the permit did not relate to the relevant issues, and expressed he had no reason to question the City's position, and agreed they should enter an order on the case. He asked the City what time limit they would suggest. Attorney Russell pointed out they need to get an engineering report to meet with the code requirements. He noted the contract they had in February, was for the specifications listed on Mr. McCray's' report, which were 90% completed, but had to be stopped because they were told they were doing it the wrong way. Chair Costantino asked the type of business and Attorney Russell stated it was a cabinet making business. 6 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 Mr. McCray informed the Board that what Attorney Russell had was an application for a permit dated April 6, 2005, and not a permit. He reiterated a permit was not issued for that location. Attorney Russell pointed out he did not have the entire file, and he was representing the owner of the property who was a Massachusetts resident. He stated Ann LoDolce is an attorney and she faxed him the information 2 days prior to the meeting. He noted she wanted to attend the hearing, but would not be in Florida until next week. Mr. Foot suggested a 60-day time limit, because it would take some time for the Respondents to get the engineering report. Ms. Carroll felt the Board should take into consideration the fact they were operating without a license. She asked Assistant City Attorney if a Cease and Desist Order would be necessary. Assistant City Attorney Tolces noted the Board had that option if they felt based upon the evidence and testimony presented they should do that. Mr. DeLiso asked if the nature of the business was just to make cabinets. Attorney Russell stated it was just making cabinets. Mr. DeLiso stated he agreed with Mr. Foot's suggestion of a 60-day time limit but did not think a cease and desist order was appropriate. Vice Chair Cook asked if there were complaints issued about the property. Mr. McCray stated he was patrolling the area, and noticed business was being conducted at an address that an occupational license had not been issued. He noted that the tenant already had several months to comply with the code, yet a permit had not been issued for the job that had been done. He felt a 60-day time limit was too much, and recommended the applicant be given 30 days to comply, because he already had 6 months to come into compliance. Mr. DeLiso felt giving the Respondent a 30-day time limit was unrealistic, because there was no way an engineer could go to the location and do what was required in 30 days. Mr. McCray noted it was earlier stated that an engineer had already been consulted, and asked the tenant if he consulted with an engineer for the work that was necessary to bring the location into compliance. 7 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 Assistant City Attorney Tolces swore in the tenant. Scott Johnson, 3191 SW 14th Place, stated he was owner/builder of the business. He expressed he could not answer the question, because the person who was hired to do the work was going through that process. Mr. Foot asked if the property was located in a warehouse area. Mr. McCray stated the property was located in an industrial area, zoned M-1, so it allowed for that type of business to operate in that district. Motion Based on the Testimony and evidence presented in Case No 05-782, Mr. DeLiso moved that the Board find that Charles J & Ann Lodolce Tr. are in violation of City of Boynton Beach Code Section(s) as cited, and move to order that the Respondents correct the violations on or before July 17, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous actions taken 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 July 17, 2005. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. Mr. Foot pointed out they did not respond to the City's recommendation of 30 days for the Respondent to comply. He asked if any other Board members felt 30 days would be more appropriate than 60 days. Mr. DeLiso noted the City Commission appoints the Code Compliance Board to make decisions, and did not think the City should dictate to them how much time a Respondent is given to comply. Mr. Foot agreed, but was concerned there was a safety factor involved. A vote was taken, and carried 6-1 (Mr. Foot dissenting). Mr. Foot asked to have the new member, Ms. Maitner, formally introduced to the Board and the inspectors. Chair Costantino stated she would when they complete the other issue. Mr. DeLiso felt it was inappropriate for the City to dictate to the Board when they want compliance of an issue. He also thought it was unfair that the Board continually asked the City representatives how much should be given to a 8 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 violator to come into compliance. He felt the cases came before the Boards, so they could make a decision based on the violation. Mr. Foot noted the City was the prosecutor of the case and it was appropriate for the City to suggest a time period. He felt the suggestions were the wishes of the City, and did not think the City was giving the Board an order to comply. Vice Chair Cook expressed the Code Compliance Officers go out and look at the properties, and know what the dangers are, and it was up to them to tell the Board. She felt it was necessary to know their opinion. Code Compliance Administrator Blasie noted there are some cases where there are no life, health or safety issues, but in a case such as the one just heard, where there is someone operating a business without an occupational license, it was necessary to distinguish when it was necessary to get staff's input. Chair Costantino asked Assistant Attorney Tolces what their parameters were, as far as making Board policies. Assistant City Attorney Tolces stated she could set up rules or policies however she wished, but suggested if she was going to do something like that, to do it by making a motion and voting, so it would be properly recorded and on the record. Ms. Carroll felt the Board should rely on the Code Officers to give their professional opinion, when something needs to be addressed. Chair Costantino asked if it was the Boards consensus to make a motion to require the Code Officers to include their professional opinion of the time limits that should be given to the violators when they present their case. Mr. Foot noted it was not his intent to have a motion on the matter. Code Compliance Officer Cain stated that on the form in which they go by, number 14 says that the City recommends the days, and it was a document that was approved by the City Attorney, which they try to follow. Mr. DeLiso noted he was just trying to point out that the Board does not have to go with the recommendation from the City. 9 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 Case No. 05-785 Property Address: Violation(s): Donald Wilson &. Laura Marino 1371 SW 28th Ave 424.2.17.1.8 FBC 2000 Fence is down - pool is unsecured. Secure pool. Code Compliance Officer Cain reported the case originated as a citizens' complaint. The initial inspection date was April 11, 2005 and a written notice was sent out on April 29, 2005 and the green card was signed on April 30, 2005. He pointed out the case generated a health and safety issue, and the City recommended 10 days for compliance. Donald Wilson &. Laura Marino, 1371 SW 28th Ave., pled no contest. He informed the Board as soon as they got the written notice, they contacted a contractor and he come out two days after they got the notice and did a quotation. They received the quotation from the contractor on April 23, 2005, and also received an income tax check to help with the repairs on May 18, 2005. On that same date, they gave the contractor who was American Wood Fence, the deposit and entered into the contract for him to do the work. He pointed out however; the work would not be completed in 10 days because fence contractors were extremely busy since the storms. The contractor stated it would take 2-3 weeks to complete the work. Mr. Wilson expressed as soon as they were informed of the issues relating to the torn down fence, they put up a temporary orange gate to prevent people from getting into the property. He said he could not put boards across because it would prevent them from getting in and out of the property and also the pool attendant needs to service the pool each week. Mr. Foot asked the City if the temporary gate was adequate and Mr. Cain said no, and explained the Code required the gate to be self-latching. Mr. Wilson explained they hired a fence contractor, but when they presented him with the survey to do the work, the contractor informed him that two of the fences that need to be repaired were on his neighbor's property. He met with one neighbor who agreed it was her fence, but was not willing to pay for it. He was willing to pay for the fence, but noted he would need her permission to work on her property. He already retained the fence contractor, but was waiting for him to say when they would be able to start the work. He inquired if there was anything else he could do with the temporary gate, to help the situation. Mr. Foot noted he originally made a decision that 10 days would be appropriate, and felt they should follow through with that period, and leave the onus on them 10 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 to get the property into compliance as fast as possible. The Respondents could then prove they did everything possible to meet the schedule at the fine certification hearing. He felt there was an obvious safety problem, and the Board should not allow a safety issue to be continued in the community. Ms. Carroll pointed out Mr. Wilson said he would do whatever the City suggested to make it safe, and felt it would be impossible for the Respondents to complete the project within 10 days, because the fence company already told them it would take 10-15 days to get on their schedule. Mr. DeLiso felt the Respondents made an attempt to come into compliance, and felt the temporary orange plastic was bright enough that people could see. Mr. Wilson asked if the orange plastic was not sufficient, if they could put boards across the way, so no one could get in. Mr. Foot asked the City if Mr. Wilson would be in compliance if he put up boards. Code Compliance Administrator Blasie stated boarding up the area would not meet code. He felt if the Board gave Mr. Wilson the 10 days to comply, and he did not comply within that time period, he would be back to the Board when the fence is completed, and at that time the Board would be able to certify at no fine. Motion Based on the Testimony and evidence presented in Case No. 05-785, Mr. Foot moved that the Board find that Donald Wilson & Laura Marino are in violation of the City of Boynton Beach Code Section(s) as cited, and move to order that the Respondents correct the violation on or before May 28, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100.00 per day plus Administrative Costs shall be imposed for each day the violation continues past May 28, 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. There being no second for the motion, the motion died. 11 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 Motion Based on the Testimony and evidence presented in Case No 05-785, Ms. Carroll moved that the Board find that Donald Wilson & Laura Marino are in violation of the City of Boynton Beach Code Section(s) as cited, and move to order that the Respondents correct the violation on or before June 17, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus Administrative Costs shall be imposed for each day the violation continues past June 17, 2005. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Motion seconded by Ms. Simshauser. Mr. DeLiso expressed he was in agreement with giving the Respondent 30 days to comply, but he felt the fine should be higher. A vote was taken, and motion carried 6-1 (Mr. Foot dissenting). Case No. 05-212 Property Address: Violation( s): Jonis Elusme &. Marie M. Auguste 404 W Ocean Ave 104.6 BBA to FBC 2001 FBC 2001 ED 105.6 A permit and inspections required for garage enclosure. Code Compliance Officer Guillaume stated the property was a single-family non- homesteaded dwelling. The case came about as a complaint from the Building Division, and the initial inspection date was January 27, 2005. Jonis Elusme, 404 W Ocean Ave, pled no contest. He asked the Board to give him three months to come into compliance because he had to take the plans to the City and was not sure how long that would take. Vice Chair Cook asked if there was a fire hazard, and Code Compliance Officer Guillaume stated he had only seen the property from the outside. He distributed photographs of the property to the Board. Vice Chair Cook noticed from the record, the owner called the City in March and asked for an extension. She was concerned it was the middle of May and the owner still did not know what was necessary to come into compliance. 12 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 Mr. Foot asked if the owner was required to get an engineering report, since the work was done without a permit. Code Compliance Administrator Blasie informed the Board, when something is built without permits, an engineer is required to submit documents to the Building Official, stating whether the structure was or was not built to code. He asked Mr. Elusme what the room was being used for. Mr. Elusme stated the room is presently used as a storage room. Motion Based on the Testimony and evidence presented in Case No. 05-212, Vice Chair Cook moved that the Board find that Jonis Elusme & Marie M. Auguste, are in violation of the City of Boynton Beach Code Section(s) as cited, and moved to order that the Respondents correct the violations on or before June 17, 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 $50.00 per day plus Administrative Costs shall be imposed for each day the violations continue past June 17, 2005. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. DeLiso and carried unanimously. Case No. 05-571 Property Address: Violation(s): Venetrice A. Jackson 1634 NE 2nd Court CH15-ART IX-15-120(D)1INC Remove inoperable vehicles from the property. Sr. Code Compliance Officer Lewis stated the initial inspection date was March 15, 2005. Venetrice A. Jackson, 1634 NE 2nd Court, pled not guilty. Sr. Code Compliance Officer Lewis stated he had photographs of the vehicles, and one had flat tires. The cars were required to have current tags. He pointed out if all the cars had current tags, he would go and inspect them within 15 days. Ms. Jackson stated she had the tags and the registration for the vehicles. She also pointed out she would put air in the tires. She stated there was nothing wrong with the vehicles, but she was not driving them because she got a new car. 13 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 Motion Based on the Testimony and evidence presented in Case No. 05-571, Ms. Carroll moved that the Board find that Venetrice A. Jackson, is in violation of the City of Boynton Beach Code Section(s) as cited, and moved to order that the Respondent correct the violation on or before June 2, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus Administrative Costs shall be imposed for each day the violation continues past June 2, 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 unanimously. Case No. 05-629 Property Address: Violation(s): Mario Sabalo 505 SE 21st Ave. FBC 2001 ED BBA 104.1.1 Secure proper permits for the new air condition &. electrical system. Enclosed patio/carpot, which is now a habitable space required permits and inspections. (Southwest corner room of the building). Sr. Code Compliance Officer Lewis stated Mr. Sabalo and his daughter were present to represent the case. Roseanna Castillo, 2929 Wayne Road, West Palm Beach, stated she was Mr. Sabalo's daughter-in-law, and was representing him because he did not speak English. She pointed out Mr. Sabalo's address was 831 NE Street, Lake Worth. He purchased the property at 505 SE 21st Ave, but decided he did not want to live in Boynton Beach. She pled no contest, and stated it would take four to six months to come into compliance. She said no one was currently living on the property, which was cited in November from the previous owner. All those violations were closed because they pulled permits for them. She pointed out the house was non-livable and if the title company had done its job, Mr. Sabalo would have never purchased the property. Vice Chair Cook clarified the permits that were pulled, did not relate to the current violation. Ms. Castillo agreed and explained Mr. Sabalo pulled those 14 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 permits and closed the case. She spoke with Tim Large, Building Code Administrator, regarding the enclosed porch, which was never a carport. She explained the enclosed porch had jalousie windows, which were removed and concrete block was illegally put up. They had the concrete removed, and windows reinstalled. Permits were pulled for all the new windows and new doors. She noted the space was not a livable space. Ms. Castillo distributed photographs of the area to the Board, and Mr. Lewis also distributed some photographs. Mr. DeLiso asked if the permits they pulled were for the relevant violations. Ms. Castillo said some of the permits were for the violations. She explained the permits were pulled because of the old complaints, which were loose electrical wiring and two windows that were installed in the front of the home. She noted that over $20,000 was spent making the property a habitable home. Code Compliance Administrator Blasie stated the City had no objection to the time requested. Code Compliance Officer Lewis pointed out the existing violations were for the air conditioning. He noted that if Ms. Castillo got Mr. Large to sign off on that space, the case would be complied, but it was not up to him to determine. He also noted the owner pulled an owner/builders permit on the property, but the house was up for sale for the past month. Ms. Castillo noted the house was up for sale for two weeks, because Mr. Sabalo decided he no longer wanted to live in Boynton Beach. Mr. Lewis stated to pull an owner/builder permit you are supposed to live at that residence. Ms. Castillo said she told Mr. Lewis that Mr. Sabalo would live there. Motion Based on the Testimony and evidence presented in Case No. 05-629, Mr. Foot moved that the Board find that Mario Sabalo is in violation of the City of Boynton Beach Code Section as cited, and move to order that the Respondent correct the violation on or before November 16, 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 November 16, 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 15 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 compliance with this Order. Mr. DeLiso seconded the motion that carried unanimously. Case No. 05-631 Property Address: Violation(s): Jose A. Rodriguez 220 NE 22nd Ave CH 15-ART .IX-15-120(D)1INC Mow and de-weed overgrown yard areas. Re-sod dead areas of the front yard. Rock parking area needs to be removed and re-sodded. Remove any trash and debris. Sr. Code Compliance Officer Lewis reported the property was a single-family dwelling and the initial inspection was March 23, 2005. Jose Rodriguez, 220 NE 22nd Ave., pled not guilty. He explained if he removed the rock, he would have problems because he had no sprinkler. Vice Chair Cook pointed out he did not need an entire irrigation system, but he could buy a hose so he could put some sod in the area and keep it watered. Motion Based on the Testimony and evidence presented in Case No. 05-631, Mr. DeLiso moved that the Board find that Jose Rodriguez, is in violation of the City of Boynton Beach Code Section as cited, and move to order that the Respondent correct the violation on or before June 17, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50.00 per day plus Administrative Costs shall be imposed for each day the violation continues past June 17, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Cook and carried unanimously. Case No. 05-188 Property Address: Violation(s): B &. G LLC 317 NE 10th Ave FBC 2001 ED 104.1.1 13-16 B.B.C of ORD CH15-ART.IX-15-120(D).INC 16 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 Permits are required for windows that have been replaced. Installing washers outside need electric and plumbing permits. Remove all outside storage, and obtain an occupational rental license. Sr. Code Compliance Officer Melillo reported the property was a multi-family dwelling. The case originated as a citizen's complaint and the initial inspection was January 26, 2005. Dan Bussard, 705 Warren Drive, Jupiter, pled no contest. He explained he replaced all the broken windows, but did not realize a permit was necessary to do that work. He is trying to get a contractor so he could get a permit for the windows he replaced. He also has to get someone to put shutters on the window, and it was difficult to get an appointment for shutters at this time. Vice Chair Cook asked about the washers being installed outside and the plumbing permits that were required. Mr. Bussard explained when he bought the property, the washers were outside, and he felt the tenants probably put them out there. He pointed out it was a matter of him telling the tenants to bring the washers inside. Mr. Blasie explained in order to have the washers outside, you would need a permit to hardwire the electric outside, as well as plumbing for the drain. Vice Chair Cook asked if there was a way to have the Orders separated, because she understood it would take a while for him to come into compliance with the shutters, but she did not think the washers should be allowed to remain outside. Assistant City Attorney clarified the Board could make separate Orders for separate violations. Mr. Blasie recommended they give Mr. Bussard a longer length of time for the occupational license because he could not get it until the other violations are fixed. Mr. Bussard noted he already paid for the Occupational License but he could not get the license until the other violations are fixed. 17 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 Mr. Foot asked if there were any tenants in the building, and Mr. Bussard stated he did have tenants and some of them had small children and that is why he felt obligated to have the windows replaced. Mr. Delisa left the meeting at 8:36 p.m. Motion Based on the testimony and evidence presented in Case No. 05-188, Vice Chair Cook moved that the Board find that B & G LLC is in violation of the City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violations for the washers on or before May 28, 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 violation continues past May 28, 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 6-0 (Mr. Delisa left the meeting). Motion Based on the testimony and evidence presented in Case No. 05-188, Vice Chair Cook moved that the Board find that B & G LLC is in violation of the City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violations for the windows and the occupational license on or before August 16, 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 August 16, 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 6-0 (Mr. Delisa left the meeting). Mr. Delisa returned at 8:38 p.m. Case No. 05-686 Property Address: Violation( s): Karen L. Kroeck 203 SE 25th Ave CH15-ART.IX-15-120(D). INC Sod all bare spots in yard. 18 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 Code Compliance Officer Pierre reported this was a single-family home, and the violation was to sod all bare spots in yard. Karen Kroeck, 203 SE 25th Ave., pled no contest. She explained when Boynton Beach put in the new water system, they compromised her sprinkler system and she was not aware until the yard dried up. Immediately after the hurricanes, she contacted a roofing company and they informed her she was at the bottom of the list because she did not have enough damage on her roof. After the second hurricane, she started having leaks in the house. She got FEMA to put a blue roof on the house, and the roofing company came to her in February and they promised to get back to her when they got the shingles. She had not heard from them as yet. She explained she was a widow, living on her own, and fixing her sprinkler system and putting in the lawn was not a priority to her until she got her roof fixed. Motion Based on the Testimony and evidence presented in Case No. 05-686, Mr. DeLiso moved that the Board find that Karen L. Kroeck, is in violation of the City of Boynton Beach Code Section as cited, and move to order that the Respondent correct the violation on or before August 16, 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 August 16, 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 unanimously. Case No. 05-589 Property Address: Violation(s): Raymond G. Villwock 3215 Chapel Hill Blvd CH15-ART.IX-15-120 (D). INC De-weed yard and sod bare spots. Code Compliance Officer Pierre reported this was a single-family dwelling. Raymond Villwock, 3215 Chapel Hill Blvd., pled no contest and felt the property was in compliance as of this date, but he had not been at home to see it as yet. He explained he lived in the house for five years but the hurricanes wiped out his back yard. He contracted for the fence in December, and the contractor had been there today to fix it. He also had to hire people to get rid of the vegetation where the fence was going to be put, and had them tear up the 19 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 entire front yard and re-sod it. He reiterated it was done today, but he had not been home to see it. Motion Based on the Testimony and evidence presented in Case No. 05-589, Mr. DeLiso moved that the Board find that Raymond G. Villwock, is in violation of the City of Boynton Beach Code Section as cited, and move to order that the Respondent correct the violation on or before May 28, 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 28, 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 unanimously. Case No. 05-708 Property Address: Violation( s): Isaac James 215 NW 7th Court PT3-LDR.CH20-VIII.SEC2.A. CH15-ART.IX-15-120(D). INC Remove illegal interior room. Repair all holes in walls. Repair ceiling damage. Replace kitchen cabinets. Replace missing windows and screens. Replace missing and broken doors. Replace all soffit screens and repair any rotted wood. Clean all trash and debris from interior and exterior of property . Provide access to service panel and hot water heater. Code & Rehab Inspector Roy reported the property was a multi-family dwelling. The case originated from an investigation and complaint by the Police Department. The initial inspection was March 31, 2005. Certified mail was sent on May 4, 2005 and signed on May 5, 2005. 20 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 Assistant City Attorney Tolces swore in Mr. Isaac, and anyone else who would be giving testimony. Isaac James, 217 NW 7th Court, pled guilty. He noted he was a roofer and when he received the letter, he was in the process of assisting a lady whose house was destroyed by the storm. He explained he started the work on the property, so they would not think he was ignoring the violation. Code & Rehab Inspector Roy stated he would need to get into the house to see if the wall had been taken out. Mr. James stated the other inspector told him that he would not have to take down the wall because it was inside of the house. Mr. Roy reiterated the wall had to be taken down and was a part of the violation notice. Mr. DeLiso asked if the property was a rental. Mr. James stated his family lived there. Mr. Foot asked if Mr. James was a repeat offender, and Code & Rehab Inspector Roy pointed out he had been before the Board before for violation of the Community Appearance Code. Motion Based on the Testimony and evidence presented in Case No. 05-708, Vice Chair Cook moved that the Board find that Isaac James, is in violation of the City of Boynton Beach Code Sections as cited, and move that the Respondent correct the violations on or before June 17, 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 violation continues past June 17, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot and carried unanimously. Case No. 05-491 Property Address: Violation( s): Juan &. Paulina B. Garcia 2317 NE 4th Street CH15-ART.IX-15-120 (D) llNC CHAPTER 20 SEC. 8 E-16 Sod all bare areas in yard and swale. Remove all loose trash and debris. 21 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 Place 4 inch house number on building visible from adjacent street. Sr. Code Compliance Officer Webb reported the property was a single-family non-homesteaded property. The case originated as a routine inspection on March 4, 2005. A written notice was sent with 30 days to comply. Certified mail was sent on April 8, 2005, and returned signed on April 20, 2005. Juan &. Paulina Garcia, 2317 NE 4th Street, pled no contest. They stated they already fixed the violations. Chair Costantino asked if they contacted Mr. Webb to make an appointment for him to visit the property. Ms. Garcia said she did not. Mr. Webb pointed out when he last visited the property, the violations still existed, but they may have corrected them. Ms. Garcia stated she put up the house number today, and the grass was put in on the afternoon of May 17, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-491, Mr. DeLiso moved that the Board find that Juan & Paulina B. Garcia are in violation of the City of Boynton Beach Code Sections as cited, and move to order that the Respondents correct the violations on or before June 17, 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 June 17, 2005. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Cook. Mr. Foot pointed out there was no reference to the trash and debris violations. Ms. Garcia stated they were cleaned up. A vote was taken, and the motion carried unanimously. 22 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 Case No. 05-696 Property Address: Violation(s): Oscar V &. Irma L. Hernandez 3021 Grove Road CH 15-ART.IX-15-120(D)1INC CHAPTER 20 SEC. 8 E-16 Remove all unlicensed and inoperable vehicles from property. Remove all loose trash. Sod yard and swale. Place 4 inch house number on building visible from adjacent street. Sr. Code Compliance Officer Webb reported it was a single-family homesteaded property. The case originated from a routine neighborhood inspection. The initial inspection date was March 30, 2005. A written notice was sent with 30 days to comply. Certified mail was sent on May 3, 2005, and returned signed on May 5, 2005. Irma L. Corraballo, 3021 Grove Road, pled no contest. She stated she complied with all the violations, but she had not been able to put down grass because of financial problems. Chair Costantino asked if Ms. Hernandez was aware the City had Community Outreach Programs that may be able to help her situation. Mr. DeLiso suggested she should try Faith Based Program. Mr. Cain suggested Ms. Hernandez should speak with him after the hearing, and he would give her information on how to reach the organization that may be able to help. Ms. Hernandez pointed out she was divorced in November 2004, and her name was now restored to Irma Louise Carraballo. Chair DeLiso asked Mr. Cain how fast they might be able to get the grass. Mr. Cain stated he was not sure how many people were on the list and he would have to make a check. 23 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 Motion Based on the Testimony and evidence presented in Case No. 05-696, Mr. DeLiso moved that the Board find that Oscar V. & Irma L. Hernandez, are in violation of the City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violations on or before July 17, 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 July 17, 2005. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Cook and carried unanimously. Lien Certifications Case No. 03-2496 Joseph A. Jean 141 SE 13th Ave. Code Compliance Officer Cain reported the notice of violation date was September 4, 2003. A Code Compliance Board hearing was held on October 15, 2003, and Joseph Jean appeared. A compliance date was set for December 14, 2003, and a fine of $25.00 per day if the violation existed beyond that date. The violation still exists for a total of 520 days of non-compliance. The City recommended no fine, because when Mr. Jean bought the house he did not realize the addition on the back was not permitted. Mr. DeLiso asked if the property was cited prior to Mr. Jean buying the property. Code Compliance Officer Cain stated the property was cited after Mr. Jean bought the house. The violation originated as a complaint from the water department, and since being noticed of the violation, Mr. Jean had been trying to bring the property into compliance. Mr. Cain noted Mr. Jean was in constant contact with him, but had problems with engineering. Motion Based on the testimony and evidence presented in Case No. 03-2496, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. DeLiso moved to dismiss Case No. 03-2496. Mr. Foot asked if it would be more appropriate to certify a "no fine" of $0.00. 24 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 Assistant City Attorney Tolces stated it would be up to the Board, and noted a dismissal and certifying a fine of $0.00 are the same. Motion seconded by Ms. Carroll, and carried unanimously. Case No. 04-2891 Richard K. &. Sheri L. Guthrie 2126 NE 3rd St. Sr. Code Compliance Officer Lewis reported the notice of violation date was December 29, 2004. A Code Compliance Board hearing was held on February 16, 2005 and Justin Guthrie appeared. The Board set a compliance date of April 17, 2005, or a fine of $100.00 per day if the violation existed past that date. The violations still exist for a total of 30 days non-compliance. Sherri Guthrie, 2126 NE 3rd Street, stated the only violation that still existed was the sod. She stated she could not afford sod, but was on the City of Boynton Beach waiting list for almost a year for sod. Chair Costantino asked if the cars were removed. Sr. Code Compliance Officer Lewis stated he had a photograph dated May 18, 2005, and the vehicles were still there. On looking at the photographs, Chair Costantino pointed out there was sand, trucks and cars in the back yard, which were still in violation. Ms. Guthrie reiterated she could not afford to buy sod. She explained that health problems created medical expenses, and she had no money for sod. She noted the backyard was fenced in, and asked why there would be a violation for it. Code Compliance Administrator Blasie stated the City's Appearance Code dictates that areas you could see from adjacent right-of-ways should be landscaped. He pointed out if the back yard was fenced, the code would not apply to the backyard. However, the vehicles would have to be moved. Sr. Code Compliance Officer Lewis pointed out when he cited the respondent; the fence was not there, therefore the backyard was in public view. He noted the fence needed a permit, but it was not part of this case. Mr. Foot suggested certifying a fine of less than $100.00 per day, and reducing it to $50.00 per day. Assistant City Attorney Tolces pointed out the Board previously entered an Order, and to change the fine amount, they would have to issue another Board Order. 25 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 Mr. DeLiso stated there was an occasion in the past when Mr. Foot suggested the same thing in the past, and Assistant City Attorney Tolces said it could be done, but then came back and said it could not be done. Mr. DeLiso felt Ms. Guthrie was making an effort to come into compliance, but was concerned about the vehicles. He suggested tabling the case for 30 days. He also expressed she could get in touch with Code Compliance Officer Cain who could possibly help her to get in touch with Faith Based, so she could get grass. Motion Mr. DeLiso moved that Case No. 04-2891 be tabled until the Code Compliance Board Meeting to be held on June 15, 2005. Motion seconded by Mr. Foot. Mr. Foot reminded Ms. Guthrie the fine would continue to accumulate during this period. A vote was taken and the motion carried unanimously. Case No. 03-2938 Jeffrey A. &. Cindy J. Smith 2525 SW 14th St. Sr. Code Compliance Officer Melillo reported Mr. Smith was present, but the City recommended tabling the case until August 17, 2005. Mr. Melillo noted Mr. Smith had been trying to get a variance from the Land Development Regulations. He understood the City approved the LDR Revisions, and it may be done. Motion Mr. Foot moved that Case No. 03-2938 be tabled until the Code Compliance Board Meeting to be held on August 17,2005. Motion seconded by Mr. DeLiso and carried unanimously. Case No. 04-2720 Lydia Mass 2411 NE 4th St. Sr. Code Compliance Officer Webb reported the notice of violation date was December 6, 2004. A Code Compliance Board Hearing was held on March 16, 2005, and no one appeared. A compliance date was set for April 15, 2005 or $25.00 per day if the violation existed past that date. The violation still exists for a total of 32 days non-compliance. Elvis Santiago &. Lydia Mass, 2411 NE 4th St., stated he removed two of the cars and only one car was left. He explained the car belonged to his cousin and he had been trying to get the keys. All the debris was cleared, and he just had to put in the grass and have the car removed. 26 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 Mr. DeLiso asked if they could get a tow truck to move the car. Mr. Santiago noted if you call the tow company they would not pick up the truck if you did not have a title. Mr. DeLiso pointed out the vehicle was on his property and the tow company would move the vehicle if he told them he wanted it off his property. Motion Mr. DeLiso moved that Case No. 04-2720 be tabled until the Code Compliance Board Meeting to be held on June 15, 2005. Motion seconded by Mr. Foot and carried unanimously. Case No. 05-753 Property Address: Violation(s): Casablanca Boynton Partners LLC 815 W Boynton Beach Blvd FBC 2001 ED 103.5 Unsafe electrical systems. See copy of "Red Tag" dated 03/23/05. Code Compliance Officer Cain reported this property was a commercial property. The case originated as a complaint, and the initial inspection date was April 6, 2005. A written notice was sent out with 10 days to comply. Certified mail was sent out on April 20, 2005 and the card was signed on April 25, 2005. He pointed out there was a safety issue, and the City recommended 10 days for compliance. Robert Mayor, 815 W Boynton Beach, Maintenance Supervisor of Casablanca Royals, pled no contest. He stated from the letters he received, the violations were for water heaters and air conditioners. Chair Costantino pointed out the violations for the case were unsafe electrical systems. Mr. Mayor stated he would take care of the violations, but the violations he was prepared to speak about today were for the water heater and air conditioners, and he had the permits for them. Code Compliance Officer Cain noted the violation for the case related to some repairs done to exterior lighting. Chair DeLiso asked Mr. Cain if he sited the apartment complex or the HOA. Code Compliance Officer Cain stated it was a red tag from the building department in March, 2005. 27 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 Mr. Mayor stated they were still an apartment complex when they were cited, and they were still an apartment complex because the documents were not signed as yet. Sr. Code Compliance Officer Lewis stated the case Mr. Mayor was speaking about was removed from the agenda. Chair Costantino informed Mr. Mayor the only violation they were hearing today was regarding the unsafe electrical systems. Motion Based on the Testimony and evidence presented in Case No. 05-753, Vice Chair Cook moved that the Board find that Casablanca Boynton Partners LLC, is in violation of the City of Boynton Beach Code Section as cited, and move to order that the Respondent correct the violation on or before May 28, 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 $100.00 per day plus Administrative Costs shall be imposed for each day the violation continues past May 28, 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 unanimously. Case No. 05-799 Property Address: Violation(s): Orville U. &. Desseen R. Smith 2741 NW 1st Street FBC 2001 ED 105.6 Room addition needs to have final inspection. See copy of "Red Tag" Sr. Code Compliance Officer Webb reported the property was a single-family home. The case originated as a "Red Tag" from the Building Department. The initial inspection was April 14, 2005. A written notice was sent out with 10 days to comply. Certified mail was sent out on April 27, 2005, and was returned signed on April 28, 2005. Orville Smith, 2741 NW 1st Street, pled guilty. He stated he put an addition onto the property. He called for the roofing inspection to be done, and when the inspector came, it was raining. The inspector recommended that he not cover the roof until after the rain because sometimes the sheeting gets wet and it lifts. The inspector looked around the property and stated the strops and everything 28 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 was okay. He did not realize he did not sign off on the strops. When everything was finished and he called for the final inspection, the inspector came and said he did not call for the strops inspection. He explained to him he had called for the roofing inspection and the inspector said everything was okay. Mr. Smith stated he called the initial inspector, and he said he saw the strops, but because he did not call officially for the strop inspection, he did not sign for them. Now he has to get an engineer to sign off on the strops. Mr. Smith stated he is awaiting the engineer to come and look at the strops. Motion Based on the Testimony and evidence presented in Case No. 05-799, Vice Chair Cook moved that the Board find that Orville U. & Desseen R. Smith are in violation of the City of Boynton Beach Code Section as cited, and move to order that the Respondents correct the violation on or before June 17, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violation by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus Administrative Costs shall be imposed for each day the violation continues past June 17, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot and carried unanimously. The meeting recessed at 9:32 p.m. and reconvened at 9:42 p.m. Mr. DeLiso left the meeting at 9:42 p.m. Lien Reductions Code Administrator Blasie reported there were four lien reduction cases, relating to the same property owner and the same two properties. Two of the cases initiated in 1988, and there were two separate parcels of the property that abut each other, and had the same violation. The other two cases initiated in 2004, for the same two parcels of property. He noted in 1988, $250.00 per day was the standard fine. Mr. Blasie distributed photographs; two of them were taken on the day of this meeting, one taken on July 19, 2004, another taken on July 20, 2004, and another taken on August 17, 2004. Assistant City Attorney Tolces recommended the Board make individual motions for each of the cases. Ms. Costantino asked where the property was located. Mr. Blasie pointed out they were 2 blocks North of City Hall between Seacrest Boulevard and 1st Street. 29 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 Case No. 88-852 Arthur J. Algonis &. D. J. Schreck NE 4th Ave. Code Compliance Administrator Blasie reported the property was originally cited on March 24, 1988. The case came before the Board on May 18, 1988, and no one appeared. A compliance date was set for June 17, 1988 or $250.00 per day if the violation existed beyond that date. The date of compliance was April 30, 1990. Mr. Blasie explained that in order to get the compliance date, Diane Springer went through the other cases the Respondents were cited for, and the violation, which complied closest with the 1988 date, they used for the compliance date. Mr. Blasie noted Mr. Algonis also had to pay $1,200.00 of lot mowing liens to the City, before he could come before the Board. He was cited in the past under a different section of the code, that if he did not comply, the City would hire a contractor to mow it, which went as a special assessment lien. Arthur Algonis, 75 NE 6th Ave., Suite 106, Delray Beach; assumed the podium. Vice Chair Cook was concerned about the continuous problems, because the violation occurred in 1988 and cleared up in 1990, and then came back in 2004. She asked what the plans were for the property. Frank Chirkinian, stated he was the realtor representing the potential buyer of the property. They were attempting to acquire the property and build on it, and take a potential problem property and improve the parcel. Mr. Algonis stated the problem was people dump their garbage on that property. He had someone go on Friday morning and remove all the garbage on the property. He had a voicemail message on his cell phone from the same person, stating he went back the following Monday and there was already a big pile of garbage on the property. He stated the Community Caring Center, which was next door to the property, called to say people were dumping garbage on the property . Mr. Foot noted he did not hear what Mr. Algonis did to protect the property besides cleaning up after people who made a mess of it. Vice Chair Cook felt it was an open lot, in an area that was easily patrolled, and did not think Mr. Algonis purposely allowed the problems to occur. Mr. Foot felt they should impose a larger fine because Mr. Algonis bought the property and it was his responsibility. He felt if he built fences or walls around 30 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 the property would prevent people from throwing garbage onto it. Mr. Foot asked how big the property was. Mr. Chirkinian stated the property was .87 acres. Motion Based on the testimony and evidence presented in Case No. 88-852, and having been advised that the Respondents, have complied with all lien reduction procedures set forth in Section 2-84 through Section 2-89 of the City of Boynton Beach Code of Ordinances, Vice Chair Cook moved that the Board reduce the fines instituted in Case No. 88-852, by virtue of this Board's Order of May 18, 1988, to an amount of $2500.00, which includes Administrative Costs. Motion seconded by Ms. Carroll and carried 5-1 (Mr. Foot dissenting). Case No. 88-853 Arthur J. Algonis &. D. J. Schreck NE 4th St. Motion Based on the testimony and evidence presented in Case No. 88-853, and having been advised that the Respondents, have complied with all lien reduction procedures set forth in Section 2-84 through Section 2-89 of the City of Boynton Beach Code of Ordinances, Vice Chair Cook moved that the Board reduce the fines instituted in Case No. 88-853, by virtue of the Board's Order of May 18, 1988, to an amount of $0.00, with no administrative costs. Motion seconded by Ms. Carroll and carried 5-1 (Mr. Foot dissenting). Case No. 04-449 Arthur J. Algonis NE 4th Ave. Motion Based on the testimony and evidence presented in Case No. 04-449, and having been advised that the Respondent, has complied with all lien reduction procedures set forth in Section 2-84 through Section 2-89 of the City of Boynton Beach Code of Ordinances, Vice Chair Cook moved that the Board reduce the fines instituted in Case No. 04-449, by virtue of the Board's Order of July 18, 2004, to an amount of $0.00, with no administrative costs. Ms. Carroll seconded the motion that carried 5-1 (Mr. Foot dissenting). Case No. 04-450 Arthur J. Algonis NE 4th Ave. Motion Based on the testimony and evidence presented in Case No. 04-450, and having been advised that the Respondent, has complied with all lien reduction procedures set forth in Section 2-84 through Section 2-89 of the City of Boynton Beach Code of Ordinances, Vice Chair Cook moved that the Board reduce the 31 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 fines instituted in Case No. 04-450, by virtue of the Board's Order of July 18, 2004, to an amount of $0.00, with no administrative costs. Ms. Carroll seconded the motion that carried 5-1 (Mr. Foot dissenting). 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 2001104.7.5 Secure permits and inspections. See copy of "Red Tag". Code Administrator Blasie stated it was put on the agenda for reconsideration. It was staff's intent to ask the Board to table the case until November. The couple lives in Michigan and has a home in Leisureville. They had roll up shutters put on the patio, the contractor pulled the permit for the shutters, but never pulled the electrical permit. The electrical permit was applied for yesterday, however the couple is in Michigan so no inspections would be done until they come back. Mr. Blasie expressed Mr. & Mrs. Williams were the victims in this case. Mr. Foot asked if the Board made a previous Order on the case. Mr. Blasie stated there was a previous Order to comply by April 30, 2005, but it was not staff's intention to do that. Assistant City Attorney Tolces pointed out it would be necessary to make a motion to reconsider the prior Board Order. Motion Mr. Foot moved to reconsider the prior Board Order on Case No. 05-503. Ms. Carroll seconded the motion that carried 6-0. Motion Ms. Carroll moved that Case No. 05-503 be tabled until the Code Compliance Board Meeting to be held on November 16, 2005. Motion seconded by Ms. Simshauser and carried 6-0. Case No. 05-752 Property Address: Violation( s): Alan J., Miriam G. &. Billie F. Zeff 2092 SW 14th Ave. FBC 2001 ED BBA 104.1.1 No electrical permit - a permit is required. 32 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 Apply at building department permitting. See copy of "Red Tag". Code Compliance Officer Cain reported the City recommended a compliance date of May 28, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-752, Ms. Carroll moved that the Board find that Alan J., Miriam G. & Billie F. Zeff, are in violation of the City of Boynton Beach Code Section as cited, and move to order that the Respondents correct the violation on or before May 28, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus Administrative Costs shall be imposed for each day the violation continues past May 28, 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 6-0. Case No. 05-770 Property Address: Violation(s): Ronald Green 3467 High Ridge Road FBC 2001 ED BBA 104.1.1 BBA FBC 2001104.7.5 A permit is required to remove wall. 4X the fee will apply. See coy of "Red Tag". Code Compliance Officer Cain reported the City recommended a compliance date of July 17, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-770, Ms. Carroll moved that the Board find that Ronald Green, is in violation of the City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before July 17, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus Administrative Costs shall be imposed for each day the violations continue past July 17, 2005. The Respondent is further ordered to contact the City of Boynton 33 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Vice Chair Cook asked why there was a note that stated 4X the fee would apply. Mr. Cain noted it was because Mr. Green started the work without a permit. Motion seconded by Ms. Simshauser and carried 6-0. Case No. 05-512 Property Address: Violation(s): Ricardo F. Marchensini 916 S. Seacrest Blvd. CH 15-ART .IX-15-120(D) llNC Repair or replace driveway. Install sod in the swale area. Code Compliance Officer Guillaume reported the City recommended a compliance date of June 17, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-512, Vice Chair Cook moved that the Board find that Ricardo F. Marchensini, is in violation of the City of Boynton Beach Code Section as cited, and moved to order that the Respondent correct the violation on or before June 17, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus Administrative Costs shall be imposed for each day the violation continues past June 17, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Motion seconded by Ms. Carroll and carried 6-0. Case No. 05-513 Property Address: Violation( s): Mirlene Cyriac 804 S. Seacrest Blvd. CH 15-ART.IX-15-120(D)1INC Repair or replace driveway apron. Install sod in the dead area of yard and swale to achieve a uniformed green appearance. Code Compliance Officer Guillaume reported the City recommended a compliance date of June 17, 2005. 34 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 Motion Based on the Testimony and evidence presented in Case No. 05-513, Vice Chair Cook moved that the Board find that Mirlene Cyriac, is in violation of the City of Boynton Beach Code Section as cited, and moved to order that the Respondent correct the violation on or before June 17, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus Administrative Costs shall be imposed for each day the violation continues past June 17, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Ms. Carroll and carried 6-0. Case No. 05-598 Property Address: Violation( s): David Edery SW 3rd Street 10-2 B.B.C. of ORD Mow overgrown vacant lots. Remove all trash &. debris. Code Compliance Officer Guillaume reported the City recommended a compliance date of May 28, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-598, Vice Chair Cook moved that the Board find that David Edery, is in violation of the City of Boynton Beach Code Section as cited, and moved to order that the Respondent correct the violation on or before May 28, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50.00 per day plus Administrative Costs shall be imposed for each day the violation continues past May 28, 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 the difference between Case No. 05-598 and Case No. 05-599. Chair Costantino pOinted out Case No. 05-598 was a vacant lot, and Case No. 05-599 was a house. Motion seconded by Ms. Carroll and carried 6-0. 35 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 Case No. 05-599 Property Address: Violation( s): David Edery 215 SW 3rd Street 10-2 B.B.C. of ORD Mow and trim overgrown weeds and trees. Code Compliance Officer Guillaume reported the City recommended a compliance date of May 28, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-599, Vice Chair Cook moved that the Board find that David Edery, is in violation of the City of Boynton Beach Code Section as cited, and moved to order that the Respondent correct the violation on or before May 28, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50.00 per day plus Administrative Costs shall be imposed for each day the violation continues past May 28, 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 6-0. Case No. 05-146 Property Address: Violation( s): James &. Marta I. Batmasian 1550 N. Federal Highway CHAPTER 21-ART.1 SEC.13 PT3-LDR CH21 I SEC.5 Repair and replace damaged sign adjacent to Federal Highway. Permit may be required. Sr. Code Compliance Officer Lewis reported the City recommended a compliance date of June 2, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-146, Ms. Carroll moved that the Board find that James & Marta I. Batmasian, are in violation of the City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violations on or before June 2, 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 36 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 Respondents do not comply with this Order, a fine in the amount of $50.00 per day plus Administrative Costs shall be imposed for each day the violations continue past June 2, 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 6-0. Case No. 05-538 Property Address: Violation(s): Geneste Belga 1515 N. Sea crest Blvd. CH15-ART.IX-15-120(D). INC Mow and de-weed overgrown yard areas. Remove inoperable vehicles, trash and debris from the property. Re-sod dead areas of the front yard. Recurring violation cases may still be brought before the Code Compliance Board even if case has complied prior to hearing. Sr. Code Compliance Officer Lewis reported the City recommended a compliance date of June 2, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-538, Ms. Carroll moved that the Board find that Geneste Belga, is in violation of the City of Boynton Beach Code Section as cited, and moved to order that the Respondent correct the violation on or before June 2, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50.00 per day plus Administrative Costs shall be imposed for each day the violation continues past June 2, 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 6-0. 37 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 Case No. 05-772 Property Address: Violation( s): Burt B. &. Anita M. Knowles 401 NW 16th Ave. CH 15-ART.IX-15-120(D)1INC 20-6 B.B.C. of ORD 20-7 B.B.C. of ORD Remove all inoperable vehicles, boats, &. trailers from the property. Two recreational vehicles/boats are allowed if stored properly and meet the code. Remove all lawn mower parts, trash &. debris from the property. Re-sod dead areas of the front yard. Sr. Code Compliance Officer Lewis reported the City recommended a compliance date of May 28, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-772, Vice Chair Cook moved that the Board find that Burt B. & Anita M. Knowles, are in violation of the City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violations on or before May 28, 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 $50.00 per day plus Administrative Costs shall be imposed for each day the violations continue past May 28, 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 6-0. Case No. 05-791 Property Address: Violation(s): Joseph Derose 1626 NE 1st Street CH 15-ART.IX-15-120(D)1INC 10-52 B.B.C. of ORD Remove all inoperable, unregistered vehicles from the property. 38 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 Sr. Code Compliance Officer Lewis reported the City recommended a compliance date of June 2, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-791, Ms. Carroll moved that the Board find that Joseph Derose, is in violation of the City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violation on or before June 2, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus Administrative Costs shall be imposed for each day the violations continue past June 2, 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 6-0. Case No. 04-2899 Property Address: Violation( s): Terrence W. Brabham 652 South Road CH 15-ART .IX-15-120(D ).INC 20-6. B.B.C. of ORD. Remove (2) trailers; you are allowed only (2) and you have (4) now. Repair your fence. Remove all loose trash and debris and outside storage. Mow grass, weeds and trim your yard. Sr. Code Compliance Officer Melillo reported the grass, weeds and trim the yard violations have complied, but the others still exist. The City recommended a compliance date of June 17, 2005. Motion Based on the Testimony and evidence presented in Case No. 04-2899, Ms. Carroll moved that the Board find that Terrence W. Brabham, is in violation of the City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before June 17, 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 39 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 day plus Administrative Costs shall be imposed for each day the violation continues past June 17, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Cook and carried 6-0. Case No. 05-363 Property Address: Violation(s): Sandra E. Puerta 409 NE 10th Ave. FBC 2001 ED BBA 104.1.1 Must obtain permit for your fence. Sr. Code Compliance Officer Melillo reported the City recommended a compliance date of May 28, 2005. He explained the owner put a fence around the property. Not only did they do that without a permit, plan or application, they are also put their construction equipment in outside storage behind the fence. Mr. Melillo felt the fine should reflect that. Motion Based on the Testimony and evidence presented in Case No. 05-363, Ms. Simshauser moved that the Board find that Sandra E. Puerta, is in violation of the City of Boynton Beach Code Section as cited, and moved to order that the Respondent corrects the violation on or before May 28, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100.00 per day plus Administrative Costs shall be imposed for each day the violation continues past May 28, 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 6-0. Case No. 05-437 Property Address: Violation(s): Doris D. Jefferson 136 NE 12th Ave. FBC 2001 ED BBA 104.1.1 You must obtain a permit for a re-roof and remodeling. Sr. Code Compliance Officer Melillo reported the City recommended a compliance date of May 28, 2005. 40 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 Motion Based on the Testimony and evidence presented in Case No. 05-437, Ms. Carroll moved that the Board find that Doris D. Jefferson, is in violation of the City of Boynton Beach Code Section as cited, and moved to order that the Respondent corrects the violation on or before May 28, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50.00 per day plus Administrative Costs shall be imposed for each day the violation continues past May 28, 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 6-0. Case No. 05-592 Property Address: Violation(s): Jose O. Gama 118 SE 22nd Ave. CH15-ART.IX-15-120(D).INC Sod all bare spots in yard including swale area. Code Compliance Officer Pierre reported the City recommended a compliance date of June 17, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-592, Vice Chair Cook moved that the Board find that Jose O. Gama, is in violation of the City of Boynton Beach Code Section as cited, and moved to order that the Respondent corrects the violation on or before June 17, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus Administrative Costs shall be imposed for each day the violation continues past June 17, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Ms. Carroll and carried 6-0. Case No. 05-593 Property Address: Violation(s): Chen Zhi Rui 117 SE 22nd Ave. CH15-ART.IX15-120 (D). lB Sod west side of your driveway and all bare spots in front yard. 41 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 Code Compliance Officer Pierre reported the City recommended a compliance date of June 17, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-593, Ms. Carroll moved that the Board find that Chen Zhi Rui, is in violation of the City of Boynton Beach Code Section as cited, and moved to order that the Respondent corrects the violation on or before June 17, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus Administrative Costs shall be imposed for each day the violation continues past June 17, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Cook and carried 6-0. Case No. 05-667 Property Address: Violation(s): Dumontois, Elioths &. Irena Charles 2170 S. Sea crest Blvd. CH15-ART.IX-15-120(D).INC Unregistered/inoperable vehicles are not allowed in residential zone. Remove all unregistered/ inoperable vehicles off property. De-weed and sod swale. Code Compliance Officer Pierre reported the City recommended a compliance date of June 2, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-667, Vice Chair Cook moved that the Board find that Dumontois, Elioths & Irena Charles, are in violation of the City of Boynton Beach Code Section as cited, and moved to order that the Respondents correct the violation on or before June 2, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50.00 per day plus Administrative Costs shall be imposed for each day the violation continues past June 2, 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 6-0. 42 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 Case No. 05-692 Property Address: Violation(s): Echanics Inc. 3108 S. Seacrest Blvd. CH15-ART.IX-15-120 (B). 1 CH15-ART.IX-15-120(D).INC De-weed and sod bare spots including swale area. Code Compliance Officer Pierre reported the City recommended a compliance date of June 17, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-692, Vice Chair Cook moved that the Board find that Echanics Inc., is in violation of the City of Boynton Beach Code Sections as cited, and moved to order that the Respondent corrects the violations on or before June 17, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus Administrative Costs shall be imposed for each day the violations continue past June 17, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Ms. Carroll and carried 6-0. Case No. 05-327 Property Address: Violation(s): Terry Bryant 301 Ocean Parkway PT3-LDR.CH2. SEC.5.D.l. CH 15-ART .IX-15-120(D )lINC CHAPTER 20 SEC. 8 E-16 Sod yard and swale. Remove all loose trash and debris. Remove all inoperable and unlicensed vehicles. Remove oversized vehicle from R-l-A zone. Place 4 inch house number on building visible from adjacent street. Sr. Code Compliance Officer Webb reported the City recommended a compliance date of June 17, 2005. 43 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 Motion Based on the Testimony and evidence presented in Case No. 05-327, Vice Chair Cook moved that the Board find that Terry Bryant, is in violation of the City of Boynton Beach Code Sections as cited, and moved to order that the Respondent corrects the violations on or before June 17, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus Administrative Costs shall be imposed for each day the violations continue past June 17, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Ms. Carroll and carried 6-0. Case No. 05-328 Property Address: Violation(s): Remy J. Paul &. Martha Albert 171 Ocean Parkway CH15-ART.IX-15-120(D) llNC CHAPTER 20 SEC. 8 E-16 Sod yard and swale. Remove all unlicensed and inoperable vehicles. Place 4 inch house number on building visible from adjacent street. Sr. Code Compliance Officer Webb reported the City recommended a compliance date of June 17, 2005. Mr. Foot asked if the owners were repeat violators and Mr. Webb said no. Motion Based on the Testimony and evidence presented in Case No. 05-328, Vice Chair Cook moved that the Board find that Remy J. Paul & Martha Albert, are in violation of the City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violations on or before June 17, 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 June 17, 2005. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Ms. Carroll and carried 6-0. 44 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 Case No. 05-675 Property Address: Violation(s): Lizzette Brown 3028 E. Palm Drive CH 15-ART .IX-15-120(D) llNC Repair driveway (potholes), and sod swale. Sr. Code Compliance Officer Webb reported the City recommended a compliance date of June 17, 2005. Motion Based on the Testimony and evidence presented in Case No. 05-675, Vice Chair Cook moved that the Board find that Lizzette Brown, is in violation of the City of Boynton Beach Code Section as cited, and moved to order that the Respondent corrects the violation on or before June 17, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus Administrative Costs shall be imposed for each day the violation continues past June 17, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Ms. Carroll. Chair Costantino expressed she had to abstain on the motion. Assistant City Attorney Tolces advised her to get the relevant form from the City Clerk's office on the item. A vote was taken, and the motion carried 5-0 (Chair Costantino abstaining). Fine Certifications Sr. Code Compliance Officer Webb recommended the following cases be certified at $25.00 per day: Case No. 04-1991, Case No. 04-2799, Case No. 05-569. Case No. 04-1991 Jan &. Renold Dubique 3140 E. Atlantic Dr. Motion Based on the testimony and evidence presented in Case No. 04-1991, Ms. Simshauser moved that the Respondents have not complied with this Board's Order dated November 17, 2004, and having considered the gravity of the violations, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $25.00 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a 45 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 judgment is entered based upon this certification of fine. Motion seconded by Ms. Carroll and carried 6-0. Case No. 04-2799 Pamela Lewis 2202 SE 2nd St. Motion Based on the testimony and evidence presented in Case No. 04-2799, Ms. Simshauser moved that the Respondent has not complied with this Board's Order dated March 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 $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. Motion seconded by Ms. Carroll and carried 6-0. Case No. 05-569 A. &. Willie Mae Hankerson 320 NW 2nd St. Motion Based on the testimony and evidence presented in Case No. 05-569, Ms. Simshauser moved that the Respondents have not complied with this Board's Order dated April 20, 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. Motion seconded by Ms. Carroll and carried 6-0. Sr. Code Compliance Officer Webb recommended the following cases be certified at $100.00 per day: Case No, 04-2890, Case No. 05-454. Case No. 04-2890 Gregory D. Sponburgh 2132 NE 3rd St. Motion Based on the testimony and evidence presented in Case No. 04-2890, Mr. Foot moved 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 $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. Motion seconded by Ms. Carroll and carried 6-0. 46 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA Case No. 05-454 Andre St. Juste MAY 18, 2005 440 NE 14th Ave. Motion Based on the testimony and evidence presented in Case No. 05-454, Mr. Foot moved that the Respondent has not complied with this Board's Order dated April 20, 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. Motion seconded by Ms. Carroll and carried 6-0. Code Compliance Administrator Blasie stated there were two cases, which the City recommended to be closed. He explained there were some extenuating circumstances they could explain if it was necessary. Sr. Code Compliance Officer Webb recommended the fol/owing cases be closed: Case No. 05-157, Case No. 04-33, Case No. 05-157 Herminio Carmona &. Regina De Santis-Carmona 245 SE 36th Ave. Motion Based on the testimony and evidence presented in Case No. 05-157, Ms. Carroll moved to close the case. Motion seconded by Vice Chair Cook and carried 6-0. Case No. 04-33 St. Paul AME Church NE 10th Ave. Motion Based on the testimony and evidence presented in Case No. 04-33, Ms. Carroll moved to close the case. Motion seconded by Vice Chair Cook and carried 6-0. Sr. Code Compliance Officer Webb recommended the fol/owing cases be certified at ''No Fine'~' Case No. 04-2452, Case No. 04-2759. Case No. 04-2452 Neil Richardson 140 SE 2nd Ave. Motion Based on the testimony and evidence presented in Case No. 04-2452, Ms. Carroll 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 violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $0.00. Motion seconded by Vice Chair Cook and carried 6-0. 47 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 Case No. 04-2759 Ellington &. Shirline Beckles 310 NW 16th Ct. Motion Based on the testimony and evidence presented in Case No. 04-2759, Ms. Carroll 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 and certify a fine in the amount of $0.00. Motion seconded by Vice Chair Cook and carried 6-0. Sr. Code Compliance Officer Webb recommended the following case be tabled until the Code Compliance Board Hearing to be held on June 15, 2005: Case No. 05-72. Case No. 05-72 Major &. Alma M. Washington 712 NW 1st St. Motion Ms. Carroll moved that Case No. 05-72 be tabled until the Code Compliance Board Meeting to be held on June 15, 2005. Motion seconded by Vice Chair Cook and carried 6-0. Sr. Code Compliance Officer Webb recommended the following case be tabled until the Code Compliance Board Hearing to be held on July 20, 2005: Case No. 04-2824. Case No. 04-2824 Sunshine Homes &. Apartment Inc. 3150 Orange St. Motion Ms. Carroll moved that Case No. 04-2824 be tabled until the Code Compliance Board Meeting to be held on July 20, 2005. Motion seconded by Ms. Simshauser and carried 6-0. Sr. Code Compliance Officer Webb recommended the following cases be tabled until the Code Compliance Board Hearing to be held on August 1,7, 2005: Case No. 04-731, Case No. 04-2170. Case No. 04-731 Thirty-Six Hundred Holdings LLC 3629 S. Federal Hwy. Motion Vice Chair Cook moved that Case No. 04-731 be tabled until the Code Compliance Board Meeting to be held on August 17, 2005. Motion seconded by Ms. Carroll and carried 6-0. 48 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MAY 18, 2005 Case No. 04-2170 Jeff, Louis M. &. Ellyn Heller 829 Ocean Inlet Drive Motion Vice Chair Cook moved that Case No. 04-2170 be tabled until the Code Compliance Board Meeting to be held on August 17, 2005. Motion seconded by Ms. Carroll and carried 6-0. VII. Discussion There will be a lien reduction hearing on May 26, 2005. Chair Costantino noted she would not be present. VIII. Adjournment Since there was no further business before the Board, the meeting was duly adjourned at 10:22 p.m. Respectfully submitted, ~-) . .-'.-~ -- \. 0.. 1 ct-e:\A) . Catherine Wharton Recording Secretary (May 23, 2005) 49