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Minutes 06-15-05 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN COMMISSION CHAMBERS CTY OF BOYNTON BEACH ON WEDNESDAY, JUNE 15, 2005 AT 7:00 P.M. Present: Michele Costantino, Chair Kathy Cook, Vice Chair Kathleen Carroll Christopher DeLiso Robert Foot Patricia Maitner Lisa Simshauser David Tolces, Assistant City Attorney Scott Blasie, Code Administrator Code Compliance Officers: Courtney Cain Rich Laverdure Mike Melillo Vestiguerne Pierre Willie Webb I. Call tD Order Chair Costantino called the meeting to order at 6:59 p.m. D. Approval of Minutes of May 18, 2005 Vice Chair Cook stated that on page 24 in Case #03-2496, the title for the item was Lien Reduction and it should have been Fine Certification. Mr. Foot suggested a change to the May 18 minutes (in the section discussing the April 10 minutes) changing "incidences" to "incidents €e." On page 1, the word "Council" should be changed to "Counsel." On page 28, last line, the word "strops" should be changed to "straps". Mr. Foot expressed a preference for his motions that involved administrative charges as follows: "..a fine in the amount of $25.00 per day for each day the violation continues past September 13, 2005, plus administrative costs, shall be imposed This was in contrast to the form used in the May 18 minutes: ""a fine in the amount of $ XX plus administrative costs per day...." Chair Costantino said there should be some kind of format that the Secretary could use in a cut and paste method. She verified with Diane Springer that this Meeting Minutes Code Complianm Board Boynton Bead1, Florida June 15, 2005 was already the case and that the Secretaries normally used the same version of the motion that was in the agenda packet for the Board members. On page 2. third and fifth paragraphs from the bottom. the correct wording is "should be tabled" rather than "had been tabled." Motion Mr. Foot moved to approve the May 18, 2005 minutes as amended. Ms. Carroll seconded the motion that passed unanimously. Mr. Foot asked if the Lien Reduction meeting minutes should be addressed at this meeting, and Chair Costantino advised that this would be done at the next Lien Reduction meeting. m. Agenda Approval Sr. Code Officer Melillo called the roll and the agenda was changed as follows: Motion Mr. Foot moved to table Case #03-2123 to July 20, 2005. Ms. Simshauser seconded the motion that passed unanimously. Sr. Code Officer Melillo suggested that the following cases should be tabled to August 17, 2005: #04-2664, #04-2665, #04-2667, #04-2668, #04-2669, #04- 2670, #04-2671, #04-2672, #04-2674, #04-2666, and #04-2673. Motion Ms. Carroll moved to table Case # 04-2664 to August 17, 2005. Ms. Simshauser seconded the motion that passed unanimously. Motion Ms. Carroll moved to table Case #04-2665 to August 17, 2005. Ms. Simshauser seconded the motion that passed unanimously. Motion Ms. Carroll moved to table Case #04-2667 to August 17, 2005. Ms. Simshauser seconded the motion that passed unanimously. Motion Ms. Carroll moved to table Case #04-2668 to August 17, 2005. Ms. Simshauser seconded the motion that passed unanimously. 2 Meeting Minutes Code Complianm Board Boynton Bead1, Florida June 15, 2005 Motion Ms. Carroll moved to table Case #04-2669 to August 17, 2005. Ms. Simshauser seconded the motion that passed unanimously. Motion Ms. Carroll moved to table Case #04-2670 to August 17, 2005. Ms. Simshauser seconded the motion that passed unanimously. Motion Ms. Carroll moved to table Case #04-2671 to August 17, 2005. Ms. Simshauser seconded the motion that passed unanimously. Motion Ms. Carroll moved to table Case #04-2672 to August 17, 2005. Ms. Simshauser seconded the motion that passed unanimously. Motion Ms. Carroll moved to table Case #04-2674 to August 17, 2005. Ms. Simshauser seconded the motion that passed unanimously. Motion Ms. Carroll moved to table Case #04-2666 to August 17, 2005. Ms. Simshauser seconded the motion that passed unanimously. Motion Ms. Carroll moved to table Case #04-2673 to August 17, 2005. Ms. Simshauser seconded the motion that passed unanimously. Sr. Code Officer Melillo recommended that Case #03-2152 be tabled to August 17, 2005. Motion Mr. Foot moved to table Case #03-2152 to August 17, 2005. Ms. Simshauser seconded the motion that carried unanimously. Sr. Code Officer Melillo recommended that Case #03-692 be tabled to December 15, 2005. Motion Mr. Foot moved to table Case #03-692 to December 15, 2005. Ms. Carroll seconded the motion that carried unanimously. 3 Meeting Minutes Code Compliance Board Boynton Bead1, Florida June 15, 2005 Motion Mr. Foot moved to approve the agenda as amended. Ms. Simshauser seconded the motion that passed unanimously. IV. Swearing in of Wdn~ssrs and Introduction Assistant City Attorney Tolces administered the oath to all persons who would be testifying at the meeting. He also explained the Plea system. Mr. Blasie stated that the case that was tabled to December 15, 2005, #03-692, should be tabled to December 21, 2005. Motion Mr. Foot moved that the motion to table Case #03-692 to December 21, 2005. Ms. Carroll seconded the motion that carried unanimously. v. New Business A. Cc9s tD be Heard Case #05-789 Property Address: VIOlation{s): Michelle L. Hubbard 1239 Gondola Lane FBC '01 ED BBA 104.1.1 Penni required for animal cage in side yard. Code Officer Cain reported that this violation occurred on a single-family dwelling. The violation came to light as the result of a complaint by a citizen. The initial inspection date was April 11, 2005. The initial Notice of Violation was issued verbally. Ms. Hubbard was given 30 days to bring the property into compliance. Proof of service was by certified mail. It was mailed on May 19, 2005 and a card was returned, signed, on May 20, 2005. David Ginsberg, on behalf of Michelle Hubbard, pled not guilty. When she went to the Permit Division initially, she was told a permit was not required for the cage since it was a freestanding cage. It was not fixed to the ground. She asked for more time to acquire a permit and/or dismantle the cage if a permit is not possible. Chair Costantino asked to see photographs. Mr. DeLiso asked to see the applicable Code section, since he had never heard of this requirement. 4 Meeting Minutes Code Compliance Board Boynton Bead1, Florida June 15, 2005 Code Officer Cain stated that the photograph he showed to the Board was the best that he was able to obtain. The cage is 6 feet high, 6 feet wide, and 12 feet long, and is made of wire and is free standing with a wooden platform underneath it, not attached to the ground. Michelle Hubbard, 1239 Gondola Lane, Boynton Bead1, identified herself. Mr. DeLiso asked what was inside of the cage, and Ms. Hubbard responded, "a cat." Code Officer Cain explained that Ms. Hubbard owns some exotic cats. Ms. Hubbard responded that she had permits to have them. Mr. Foot confirmed that there were no tie-downs and in the case of a storm, the cage could be blown away. Ms. Hubbard said she would break it down in case of a storm. Scott Blasie, Code Compliance Administrator, stated this issue had been presented to the Development Department, who determined that a permit would be required. The Building Official has the ability to determine what needs permitting and what constitutes a structure. The dimensions of this cage are larger than a standard storage shed. A shed of the same size would have to meet building setbacks. He felt it would be reasonable to table the issue and allow the Building Department and the owner to work together to see how this could be brought into compliance and if not, remove the structure. A discussion ensued. Mr. DeLiso wanted confirmation that the Building Official had the authority to decide which structures needed permits and which did not. He felt this was too broad. Mr. Blasie indicated that the Building Official had some latitude in his decisions on permits and his decisions were subject to appeal if the citizen or builder takes issue with a decision. However, the Building Code requires permits for structures. Motion Based on testimony and evidence presented in Case #05-789, Mr. Foot moved that this Board find that Michelle Hubbard is in violation of the Florida Building Code 2001 Edition Boynton Beach Amendments 104.1.1 and moved to order that the Respondent correct the violation on or before September 13, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, the previous actions taken 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 for each day the violation continues past September 13, 2005, plus administrative costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange 5 Meeting Minutes Code Compliance Board BoynIDn Bead1, Florida June 15, 2005 for inspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that carried 3-.5.-2, Mr. DeLiso and Ms. Carroll dissenting. Case #03-3113 Property Address: VIOlation{s): Jean A. Joseph 141 S.E. 13th Avenue 13-16, PT 3-LDR.CH20-VlD.SEC2.A and 2.B Ottupational limnse required tD rent house. Repair all eIedric. 0Uttets must be in good working order. House must: be kept weatherproof, rodent and insect proof and in good repair. Code Officer Cain reported that the subject dwelling is a single-family dwelling and was not homesteaded. The case originated as a citizen's complaint. The initial inspection date was December 30, 2003. The initial notice of violation was in writing, giving 30 days to come into compliance. Service was obtained on February 2, 2004 and the property came into compliance on June 7, 2005. Mr. Blasie did not believe that an Order was ever rendered in this case, and Code Officer Cain confirmed this. It should have been read as a complied case during the agenda portion of this meeting. Motion Mr. DeLiso moved to dismiss Case #03-3113. Ms. Carroll seconded the motion that carried unanimously. Case #05-818 Michael DeSinone & Paul Degrugillier 518 W. Ocean Avenue 13-16 of BBC of Ord Ottupationallicense required Property Address: VIOlation: Code Officer Cain reported that this was a commercial dwelling. The original inspection date was April 19, 2005. The notice was posted on the property on May 26, 2005, giving 30 days to comply. Michael DeSinone, owner of the property, 1792 Bay Drive, Pompano Beach, 33062 pled not guilty concerning the occupational license issue, since no business was being run on the premises. The buildings are empty. Ms. Cook inquired about the normal type of business being conducted on thisrproperty, and was advised that it was steel distribution. Mr. Blasie advised the 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 15, 2005 Respondent that he understood that this property housed a roll off business (dumpsters) known as Raoul's Roll Offs. Code Officer Cain showed the Board some pictures that had been taken on the day of this meeting. There were employees present who were working as the pictures were taken. Code Officer Cain advised that he had met with Raoul 60 days previously and informed him that he needed to cease and desist operation of the roll off service, but he did not. This was an ongoing problem that was costing the City money, since it was in competition with the City's roll off services. Mr. Blasie commented that he had met on site with Mr. DeSimone and Raoul, along with Don Johnson and the City's licensing director to have discussions on having a recycling/roll off container operation on this site. There was at least one other meeting between the licensing director and Raoul to make further determinations of legality. It was determined by the Zoning Code that this type of operation was not allowed in this zoning district. Mr. DeSimone and Raoul were advised at that time that it was illegal and that the operation needed to cease. Mr. DeSimone, in his presence, turned to Raoul and advised him that this business could not be operated at this address, and "You have to go." There are environmental issues, hurricane issues (stacks of tires), and so forth. The case did not have anything to do with steel or Coral Capital Palm Beach LLC. Raoul Shena, 425 N.E. 42nd Street, said he was not doing any recycling on the property. He was only storing his equipment and an empty dumpster on the property. He was not doing any business or hauling trash in Boynton Beach although he did not think it was fair for the City to tell him he could not do so. He was not competing with Boynton Beach. He asked for the Board to tell him if he could rent this property from Mr. DeSimone for this purpose. Assistant City Attorney Tolces said that this Board was only responsible for considering the violation and assessing any fines. They did not have the authority to authorize Mr. Sherra to do anything that was not otherwise authorized by the City Code. As Mr. Sherra did not understand that statement, Mr. Tolces responded that Mr. Sherra was not allowed to store things on this property, but this Board did not have the authority to allow him to do it anyway. Mr. Sherra would have to speak to the Planning Department, Mr. Blasie, or Mr. Cain about where in Boynton Beach he could do this. Mr. Tolces said that a person was allowed to store materials on his property as long as the property was developed in accordance with the City's Land Development Regulations and Code of Ordinances. Mr. Sherra asked why Mr. DeSimone's property was not one on which he could store materials. Mr. Tolces advised that the property was not developed in accordance with the City's Land Development Regulations, nor was 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 15, 2005 it allowed to be there pursuant to the Code of Ordinances. The issue before this Board at this meeting was the lack of an occupational license. Again Mr. Sherra did not understand, and Mr. Tolces reiterated that this property was not in compliance with the Code and, therefore, Mr. Sherra could not be given an occupational license and he could not store his materials on this property. Mr. Blasie stated that as far as he knew, they were hauling trash in Boynton Beach and had been seen coming out of Renaissance Commons with roll offs. Mr. Larry Quinn, the Public Works Manager for Solid Waste, had noticed activity on Mr. DeSimone's site as recently as two weekends previously. There were a lot of materials going in and out of the roll offs and leaving the site and being stored there. There were also piles of tires. Mr. Sherra said since Mr. Desimone told him that he could not do these things, he had not done them any more. He was only leaving his dumpsters there, empty. He acknowledged that there were tires in the pictures taken on the day of this meeting, but said there was no trash. The Board commented that tires were trash. Mr. Blasie stated that his equipment was on the property and it was the City's contention that he was running a roll off business in the City. It was up to the Board to decide whether there was a violation and whether or not to levy a fine for non-compliance. Mr. Foot suggested a possible Cease and Desist Order, with, at most, a month for them to remove the equipment or obtain an occupational license. Mr. Blasie responded that they were not able to obtain a license for this business at this address, so that was not an option and they had already had ample time to comply. Motion Based on testimony and evidence presented in Case #05-818, Mr. Foot moved that a Cease and Desist Order be issued giving Michael DeSimone and Paul Degrugillier and Coral Capital LLC until July 15, 2005 to bring the violation of City of Boynton Beach Code Sections as cited into compliance. 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 a fine in the amount of $100 per occurrence of the violation thereafter shall be imposed upon the Respondents. Ms. Cook would offer a second but could not consider less than a $1000 per occurrence. Mr. Foot agreed and Ms. Cook then seconded the motion and Mr. Foot amended the motion to a fine of $1,000 per occurrence. 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 15, 2005 The motion passed 5-2, with Mr. DeLiso and Ms. Carroll dissenting. Assistant City Attorney Tolces explained that the Order required the Respondents to cease and desist operating the business on the property as of July 15. If they were operating that business after that date, a fine of $1,000 per day that the business is operated would be imposed against the Respondents as the owners of the property. Case #05-666 Property Address: VIOlation(s): Dennis Cavagnaro 115 S.E. 21st Avenue CH15-ART.IX-15-120 (D) INC Mow yard, cIe-weed and sod bare spots. Code Officer Vestiguerne Pierre reported this case. Dennis Cavagnaro, 6323 Squirewood Way, Lake Worth, 33467, pled Not Guilty. Code Officer Pierre showed photographs of the property to the Respondent, and then to the Board members. In response to a question from Mr. Cavagnaro, Code Officer Pierre replied that the photo in question was of the swale. Mr. Cavagnaro stated when he first got the notice, he had asked Code Officer Pierre for the identity of the complainant and Code Officer Pierre would not divulge the name. He felt he had a right to know the identity of the complainant. Mr. Cavagnaro mentioned having the sprinkler system fixed at great expense. He had mown the yard and put grass in the bare spots. One of the bare spots was where tree roots were on the surface and he had explained to Code Officer Pierre that grass would not grow in such a place. He did not know what more he could do. Chair Costantino asked Code Officer Pierre when the photographs had been taken, and he responded, "the day before this meeting." She stated that it appeared that there were still some bare spots. Mr. Cavagnaro responded that the photograph was of the swale. Chair Costantino stated that the swale was the homeowner's responsibility. Mr. Cavagnaro responded that he had neighbors who were parking on the swale and ruining the grass there. He had spoken to his neighbors to no avail. He asked Code Enforcement for suggestions once before of ways to prevent people from parking on his swale. The consensus of the Board was that there was still a violation and that it was incumbent upon Mr. Cavagnaro to do what he could to bring the property into 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 15, 2005 compliance. Ms. Cook suggested that he might consider using thick mulch to cover the area by the tree roots. Motion Based on the testimony and evidence presented in Case #05-666, Ms. Cook moved that the Board find that Mr. Dennis Cavagnaro is in violation of the City of Boynton Beach Codes as cited, and moved to order that the Respondent correct the violation on or before August 14, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violation by the Respondent, and hereby orders that if the Respondent does not comply with this Order a fine in the amount of $25.00 per day plus administrative costs shall be imposed for each day the violation continues past August 14, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion carried unanimously. Mr. Cavagnaro asked again if he could know the identity of his accuser. Assistant City Attorney Tolces stated that the only obligation the City had was to provide public records that are required to be produced if a public records request is submitted. The Code Officers are under no obligation to provide the name of the complainant. Whatever is contained in those public records would be provided to someone requesting them. Chair Costantino reiterated that Mr. Cavagnaro could go to the City Clerk's office and request the public records on this case. Mr. Foot added that if he called in a complaint as "Anonymous," that name would go in the report. Case #05-685 Property Address: VIOlation(s): Matthew Marks 2826 S.W. 6th Street FBC 2001 Edition BBA 104.1.1 Pennit required to oonvert garage to a room. Obtain pemit to amply. Matthew Marks, 2826 S.W. 6th Street, Boynton Beach, asked for a clarification of the plea "no contest" and whether such a plea would prevent him from speaking on his behalf. Chair Costantino advised that if he so pled, he could speak, but briefly. He then pled no contest and asked for 60 days to comply. Motion Based on testimony and evidence presented in Case #05-685, Ms. Carroll moved that the Board find that Matthew Marks 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 August 14, 2005. The Board has considered the 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 15, 2005 gravity of the violations, the actions taken by the Respondent and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed for each day that the violations continues past August 14, 2005. The Respondent is further required 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. The motion was seconded by Ms. Simshauser and passed unanimously. Chair Costantino advised the Respondent to contact Code Officer Pierre immediately if he came into compliance before the sixty days. Case #05-693 Property Address: VIOlation(s: Michael &. Mary DiBartolomeo 3112 S. Seaaest Boulevard CH15-ART.IX-15-120 (8) .1 and (D) Inc. De\....eed and sod bare spots induding the swale. Code Officer Vestiguerne Pierre reported this case. Mike DiBartolomeo, 3112 S. Seaaest Boulevard, Boynton Beach, pled no contest. He had hired a landscaper to take care of this and was told that it could be done within 60 days. For the record, he was on the corner of Seacrest Boulevard and 31 st Avenue. This swale is underwater for three months of every year and there were many accidents with people turning into Chapel Hill. There were wreckers on that swale. He had resodded the swale 10 times in the 22 years he had been there. The City had done it approximately five times, and the County a time or so also. Sod cannot be kept in that swale. He had photographs showing it underwater a week before this meeting. Someone had tried to put a storm drain in but it was not effective. He suggested that the swale be paved and turned into a "turn lane" but no action had been taken to date. Motion Based on the testimony and evidence presented in Case #05-693, Ms. Carroll moved that the Board find that Michael & Mary DiBartolomeo were 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 August 14, 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 per day plus administrative costs shall be imposed for each day the violation continues past August 14, 2005. The Respondents are further ordered to contact the City 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 15, 2005 of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that passed unanimously. Mr. DeLiso suggested that Mr. DiBartolomeo might wish to contact Jeff Livergood, the Public Works Director, about this issue. Case #05-680 Property Address: VlOlation(s): AnaeI F. Lambert 50 S. Pam Drive CH15-ART.IX-15-120 (D) 1 Inc. and 13-16 B8C of Ord. Remove all loose trash and debris. Remove all unlia!nsed and inoperable vehicles. Sod all bare areas in yard and define driveway. Occupationalliame is required to rental property. Sr. Code Officer Webb reported that this was a single-family dwelling, non- Homesteaded. The violation was instigated by a routine neighborhood inspection. The first inspection was March 29, 2005. A written notice was provided to the property owner and he was given 30 days in order to bring the property into compliance. Certified mail was sent on May 11, 2005 and the card was returned with no signature. A posting was made at City Hall and at the property on May 13, 2005. There was one photograph and there were no hurricane hazards. AnaeI Lanbert, 50 S. Pam Drive, Boynton Beach, pled no contest and requested 60 days. Sr. Code Officer Webb showed a photograph to the Board. He felt that 60 days would be necessary in order to define the driveway. The property was still a rental property. Also, he could not get the occupational license until the rest of the work was done. He could not afford to fix it all today. Chair Costantino asked Mr. Lambert if he had obtained an occupational license. He stated that he had not realized about the occupational license until he talked to the Code Officer. Motion Based on the testimony and evidence presented in Case #05-680, Ms. Cook moved that the Board find Anael Lambert is in violation of the Boynton Beach Code as cited, and moved to order that the Respondent correct the violation on 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 15, 2005 or before September 13, 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 a day plus administrative costs shall be imposed for each day the violation continues past September 13, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed unanimously. Fine Certification Case #04-2720 Lydia Mass 2411 N.E. 4th Street Sr. Code Officer Webb reported that the City recommended no fine. Motion Mr. DeLiso moved to dismiss Case #04-2720. Ms. Carroll seconded the motion that passed unanimously. Case #04-2884 GertJude Belizaire 618 N.E. 2nd Street: Sr. Code Officer Melillo reported that the notice of violation was on December 23, 2004 for violations of the Community Appearance Code and the Building Code. There was a Code Compliance Board hearing on February 16, 2005 and Ms. Belizaire appeared. A compliance date was set of May 15, 2005 and a proposed fine was given of $25/day (second Board order). The violation still exists. GertJude Belizaire, 618 N.E. 2nd Street, Boynton Beach, stated that she had done everything she had been asked to do. She could not remove the trailer because there was no place she could put it. She believed she had gotten approval from Sr. Code Officer Melillo to have the trailer. Sr. Code Officer Melillo showed some pictures to the Board. Motion Based on the testimony and evidence presented in Case #04-2884, Mr. DeLiso 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 $25 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 15, 2005 on this certification of fine. Ms. Simshauser seconded the motion that carried unanimously. Case #04-2797 James R. &. Kathleen Montgomery 411 S.E. 20th Court Code Officer Vestiguerne Pierre reported that the notice of violation in this case had been issued on December 10, 2004 for violations of the Community Appearance Code. A Code Compliance Board hearing was held on April 20, 2005 and no one appeared. A compliance date of May 20, 2005 was set and a fine was proposed of $25 per day. The violation still exists. Jin Lewis, 411 S.E. 2fP' Court, Boynton Beach, stated that he had purchased the property and the violation was not in his name. He had complied with most of the violations, and had cleared a place in the back yard for the boat, which would solve the problem of the boat being parked on the swale. He will sod the yard, but needs a little more time to finish it. There had been illness in his family and he needed another 60 days. Assistant City Attorney Tolces was not aware of what proof there was that the property had been sold. Mr. Lewis responded that he had the mortgage papers with him. Mr. Tolces asked him if he had a recorded deed. Mr. Lewis also commented that the property was in his name only and not in Kathleen Montgomery's name. He said that someone in the Code office had verified this. In response to Mr. Blasie's question, Mr. Lewis responded that he had purchased the property in February of 2005. Assistant City Attorney Tolces advised that the Board could table this case and let the fine continue. If it turned out that the property had been sold to Mr. Lewis, this case could be dismissed administratively and the new owner could be cited. Motion Mr. Foot moved to table Case #04-2797 to July 20, 2005, with the advisory to Mr. Lewis that if the questions should not be resolved otherwise, the fine was still accruing. Assistant City Attorney Tolces suggested that Mr. Lewis produce a copy of the recorded warranty deed and provide it to the Code Officers, and this would give a quick answer to this issue. Mr. Blasie asked if the old owners had advised him of the violations, and he responded that they had. 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 15, 2005 Mr. DeLiso seconded the motion that carried unanimously. Case #05-572 Sabine Joseph 152 S.E. 29th Ave. Code Officer Vestiguerne Pierre stated that the notice of violation had been issued on March 15, 2005. A roof permit was required. A Code Compliance Board hearing was held on April 20, 2005 and no one appeared. Code Compliance date and proposed fine set as May 20, 2005 or $25 per day, respectively. The violation still exists. Sabine Joseph, 152 SE 29th Avenue, Boynton Beach, identified herself. Chair Costantino asked Ms. Joseph if she had applied for the permit for the roof yet. Ms. Joseph responded that the roof contractor told her that he was going to get the permit. When she began to get the letters from the City, the contractor told her he had pulled a permit. But, he had lied to her and did the work without a permit. She is taking the contractor to court and has a court date of July 7, 2005. Code Officer Pierre requested that the Board table the case. He had called the Police Department, who had given the contractor a citation for not having a license to work in Boynton Beach. The roof was done, but it would have to be done again since the quality of the work was so poor. Tabling the case would allow Ms. Joseph time to find out if the contractor was going to give her the money back to have someone else do the work. The contractor charged $4,000 and she had already given him $3,000. Motion Mr. Foot moved to table Case #05-572 to August 17, 2005. Mr. DeLiso seconded the motion that carried unanimously. Case #05-266 Marie M. Severe 2632 N.E. 3rd Ct. Sr. Code Officer Webb stated that this case had complied and the City recommended no fine. Motion Mr. Foot moved to dismiss Case #05-266. Ms. Cook seconded the motion that carried unanimously. Case #04-1890 AAM Industries, Inc. 225 S.E. 5th Ave. 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 15, 2005 Code Officer Cain reported the notice of violation was given on August 13, 2004. The owner was to remove or obtain permits and inspections for gas tanks inside and outside the east building. A Code Compliance Board hearing was held on October 20, 2004 and the owner appeared. The Board set a compliance date of December 19, 2004 and proposed a fine of $25.00 a day if not in compliance. The violation still exists. Mark MoretIo, VICe President of AAM Industries, Inc., 225 S.E. 5th Avenue, Boynton Beach came forward to speak, stating that he had applied for a variance that was coming up for review by the CRA on September 13, 2005. For the benefit of the Board members who were unfamiliar with the case, Mr. Moretto explained that the violation concerned some gas tanks they had at their business for twelve years. They did have a permit, but it turned out to be for propane and not gas. They had received fire inspections every year for many years and there had never been a problem. Motion Mr. Foot moved to table Case #04-1890 to November 16, 2005. Ms. Cook seconded the motion that carried unanimously. Some Respondents for first-time cases were late arrivals to the meeting and their cases were heard at this time. Assistant City Attorney Tolces swore in the late arrivals. Cases to be Heard (continued) Case #05-'197 Property Address: VIOIation(s): Joanne Gartand 158 S.E. 27th Place CH15-ART.IX-15-12O (D) .18 Repair driveway to amply with City Codes. Code Officer Vestiguerne Pierre reported that the notice of violation and initial inspection had been done on February 2, 2005. Joanne Gartand, 158 S.E. 27th Place, Boynton Beach, pled guilty. She thought she had to do extensive repairs to her driveway, but later found that she only needed to patch it or put an overlay on it. The notice had been sent to her postal box, but she had been doing missionary work and rarely checked it. She asked for 60 days in order to complete the work. Motion 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 15, 2005 Based on the testimony and evidence presented in Case #05-297, Ms. Carroll moved that the Board find that Joanne Garland is in violation of the City of Boynton Beach Code sections as cited and moved to order that the Respondent correct the violation on or before August 14, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this order, a fine in the amount of $25 per day plus administrative costs shall be imposed for each day the violation continues past August 14, 2005. The respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property and to verify compliance with this order. Mr. DeLiso seconded the motion that passed unanimously. Case #05-943 Property Address: VIOlation(s ): YoneI Alliancin 126 S.E. 31st Avenue 0I15-ART.IX-15-12O (D). Inc Remove all debris from property induding tires. A gentleman (Abner Batheles) came to the podium to speak. He gave the same address as the subject case and stated that he was appearing on behalf of his brother, Yonel Alliancin. He pled guilty. He will have all debris moved by June 17, 2005. Code Officer Vestiguerne Pierre showed some photographs of the property to the Board. Assistant City Attorney Tolces asked the gentlemen if his brother knew he was at this meeting, and the gentleman responded that his brother had given him full permission to speak on his behalf. The Respondent stated that he collected tires to send to Haiti, but discovered that it cost too much to ship them there and was now putting them into storage. 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 15, 2005 Motion Based on the testimony and evidence presented in Case #05-943, Ms. Cook moved that the Board find that Yonel Alliancin is in violation of the City of Boynton Beach Code section as cited and moved to order that Respondent correct the violation on or before June 30, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, 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 per day plus administrative costs shall be imposed for each day the violation continues past June 30, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. At the suggestion of Mr. Foot, Ms. Cook changed the fine amount to $100 per day. Mr. Foot seconded the motion that passed unanimously. Chair Costantino advised the Respondent of the importance of contacting Code Officer Pierre for a reinspection as soon as the tires and debris were removed. Fine Certification Case #05-587 Erix A. Alvarez 130 S.E. 8th Avenue Code Officer Rich Laverdure suggested that this case be tabled for 60 days since the house had experienced a fire. It was necessary to gut the house after the fire, obtain permits, and so forth and it was time-consuming. The Respondent was present if the Board wished to speak with him, but Code Officer Laverdure had been in frequent contact with Mr. Alvarez. Motion Mr. DeLiso moved to table Case #05-587 to September 21, 2005. Ms. Cook seconded the motion that carried unanimously. Case #05-286 Amarante Estine 2720 N.W. 1st Street Sr. Code Officer Webb reported that the notice of violation date was February 1, 2005 for violations of the Community Appearance Code, need for a house number, and parking an oversized vehicle in a R-1-A residential zone. A Code Compliance Board hearing was held on April 20, 2005 and no one appeared. The Board set a compliance date of May 20, 2005 and proposed a fine of $25 per day. The violation still exists. 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 15, 2005 Sr. Code Officer Webb stated that the sod had grown in, but there was still trash and debris. Desad Estime, appeared and translated for his aunt, Amarante Estime, 2720 N.W. 1st Street, Boynton Beach. Mr. Estime stated that he could trim the overgrowth and grass the day after this meeting and move his vehicle in about two weeks. He did, however, believe that the grass was already well trimmed. Sr. Code Inspector Webb stated that the oversized vehicle was gone. Mr. Estime stated that he had been unaware of the violation since Mrs. Estime's estranged husband always took the mail before anyone else could see it. This is why more had not been done. Code Officer Pierre stated that he had posted the property on the Saturday before this meeting and the Estimes did not know anything about the matter until he explained it to them in Creole. Motion Mr. DeLiso moved to table Case #05-286 to July 20, 2005. Mr. Foot seconded the motion that passed unanimously. Chair Costantino advised Mr. Estime of the importance of contacting Code Officer Webb as soon as the property was cleaned up so that the fine would stop running. THE BOARD RECESSED AT 8:39 P.M. AND RESUMED AT 8:50 P.M. Mr. DeLiso left the meeting at 8:50 p.m. Cases to be Heard (cont'd.) Case #04-2319 Property Address: VIOIation(s): Gulf Stream lLmber Company 1415 S. Federal HigbNay 10-2 and 10-3 BBC of Ordi CH 21 ART I SEC 16 Overgrowth and/ex debris. Active hUn1cane hazards. Remove abandoned signs. Remove all debris induding \NOOd, steel, tin, and metal that muld beame hUn1cane hazards also. All unsafe sbudures must be removed along with frtt standing Gulf Stream lLmber sign in front. All overgrown grass areas need to be mowed. 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 15, 2005 Code Officer Courtney Cain stated that this was a commercial property and the City recommended 10 days and a significant fine. Motion Based on testimony and evidence presented in Case #04-2319, Ms. Cook moved that this Board find that Gulf Stream Lumber Company is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violations on or before June 25, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $500 per day plus administrative costs shall be imposed for each day the violations continue past June 25, 2005. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion. Mr. Foot did not think that ten days would be sufficient time to demolish the collapsing warehouses. The site is an eyesore and a major potential hurricane hazard. Mr. Blasie stated that when the case was to come before the Board in November, the City entered into an agreement with Gulf Stream Lumber via the Fire Department to do fire training on this site. The contract was signed and the date for completion of the training was in June, so they really had no choice but to honor the contract. The fire training is now completed. Mr. Blasie met with Mr. Vlassis, a principal of Gulf Stream Lumber, early on, and felt that Mr. Vlassis was well aware of what needed to be done. Mr. Blasie speculated that Mr. Vlassis was trying to delay until the property closes in June or July, at which time the problem could be passed on to the developer. The Board questioned why the Respondent was not present. Mr. Blasie stated that he did not know. A secretary in the corporate offices in Riviera Beach had been signing the City's notices all along. Ms. Cook amended the motion to $1000 per day. Ms. Simshauser seconded the amended motion that passed unanimously. Case #05-788 Property Address: VIOlation(s): E. O. Invesbnents, Inc. 1026 S.W. 23rd Avenue FBC '01 ED BBA 104.1.1 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 15, 2005 Pennit required to install door on \NeSt side of garage. Code Officer Cain reported that the City recommended 10 days for compliance or June 25, 2005. Motion Based on testimony and evidence presented in Case #05-788, Ms. Simshauser moved that this Board find that E. O. Investments, Inc. is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violations on or before June 25, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day plus administrative costs shall be imposed for each day the violations continue past June 25, 2005. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that carried unanimously. Case #05-832 Laverne G~ &. Sumner Bryant 330 N.W. 1st Avenue FBC '01 ED BBA 104.1.1 Red Tag from Building Dept. Property Address: VIOlation(s): Code Officer Laverdure reported the details of this case. The City recommended a compliance date of June 25, 2005. Motion Based on testimony and evidence presented in Case #05-832, Ms. Carroll moved that this Board find that Laverne Glassco & Summer Bryant are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violations on or before June 25, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day plus administrative costs shall be imposed for each day the violations continue past June 25, 2005. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that passed unanimously. 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 15, 2005 Case #05-677 Property Address: VlOIation(s): RGRS, Inc. 2991 W. Boynton Beach Blvd. OI15-ART.IX-15-l20 ( D) lINe. Mow and bim vacant lot and bin all trees. Remove all Florida Holly on east and west side of lot and maintain the perimeter of the lot aa:ording to City Code. Code Officer Rich Laverdure reported that this was a vacant lot and the violations continue. The City recommended a compliance date of June 25, 2005. Motion Based on testimony and evidence presented in Case #05-677, Ms. Carroll moved that this Board find that RGRS, Inc. is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violations on or before June 25, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day plus administrative costs shall be imposed for each day the violations continue past June 25, 2005. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that carried unanimously. In discussion after this motion, it was decided that since this property had another case with a fine running on it, that it merited a higher fine. Ms. Carroll amended the fine to $100 per day, with Ms. Simshauser's consent. The amended motion passed unanimously. Case #05-865 Property Address: VIOIation(s): Felidta &. Jose L. Mass 2205 N.E. 4th Court CH15-ART.IX-15-12O (D) 1 INC, 10-52 B8C of ORD. Remove inoperable, unregistered vehides from the property. Code Officer Laverdure reported the details of this case. The City recommended a compliance date of June 30, 2005. 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 15, 2005 Motion Based on testimony and evidence presented in Case #05-865, Ms. Carroll moved that this Board find that Felicita & Jose L. Mass are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violations on or before June 30, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day plus administrative costs shall be imposed for each day the violations continue past June 30, 2005. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that carried unanimously. Case #05-952 Property Address: VlOlation(s): Tresda M. Green 807 N.E. 2nd Q. Ot15-ART.IX-15-120 (D) INC, CH 20, SEC 8 E-16 Install a four-inch nLmber on house. Remove unregistered blue Oldsmobile or repair tire and register it. Sr. Code Officer Melillo stated that the City recommended a compliance date of June 25, 2005 in this case. Motion Based on testimony and evidence presented in Case #05-952, Ms. Carroll moved that this Board find that Trescia M. Green is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before June 25, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day plus administrative costs shall be imposed for each day the violations continue past June 25, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that carried unanimously. Case #05-591 Property Address: VIOlation(s): Hatt Trick, Inc. 2214 S. Seaaest Boulevard CH15-ART.IX-15-12O (D) INC 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 15, 2005 Sod bare spots induding swale area. Code Officer Pierre stated that the City recommended a compliance date of July 15, 2005. Motion Based on testimony and evidence presented in Case #05-591, Ms. Carroll moved that this Board find that Hatt Trick, Inc. is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violations on or before July 15, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondent, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day plus administrative costs shall be imposed for each day the violations continue past July 15, 2005. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that carried unanimously. Case #05-619 Property Address: VIOIation(s): John P. Leonard, Jr. S.W. 24th Avenue CH15-ART.IX-15-12O (D) INC CH20 Sec. 8 E-16 Sod bare spots in front yard. PIela! tou....inch nunber on home visible from adjacent sb eel Code Officer Pierre stated that the City recommended a compliance date of July 15, 2005. Motion Based on testimony and evidence presented in Case #05-619, Ms. Carroll moved that this Board find that John P. Leonard, Jr. is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before July 15, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondent, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day plus administrative costs shall be imposed for each day the violations continue past July 15, 2005. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 15, 2005 compliance with this Order. Ms. Cook seconded the motion that carried unanimously. Case #05-808 Property Address: VlOlation(s): Luc Kagan 3816 N. Sunset Road FBC '01 ED BBA 104.1.1 Pennit required to move, demolish, or change the CXX1Ipancy of a building or structure. Code Officer Pierre stated that the City recommended a compliance date of June 30, 2005. Motion Based on testimony and evidence presented in Case #05-808, Ms. Carroll moved that this Board find that Luc Kagan is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before June 30, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day plus administrative costs shall be imposed for each day the violations continue past June 30, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that carried unanimously. Case #05-888 Property Address: VIOlation(s): Edgardo M. Foti 2845 S.W. 9th St. CH15-ART.IX-15-12O (D) INC. Water lawn or re-sod to amply with City Codes. Code Officer Pierre stated that the City recommended a compliance date of July 15, 2005. 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 15, 2005 Motion Based on testimony and evidence presented in Case #05-888, Ms. Cook moved that this Board find that Edgardo M. Foti is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before July 15, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day plus administrative costs shall be imposed for each day the violations continue past July 15, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that carried unanimously. Case #05-942 Property Address: VIOlation(s): VenbJre Holdings 2296 S.E. 4th St. FBC '01 ED BBA 104.1.1 Pennit required. Obtain remodeling and re-roof pennit for all units. Code Officer Pierre stated that the City recommended a compliance date of July 15, 2005. Motion Based on testimony and evidence presented in Case #05-942, Ms. Cook moved that this Board find that Venture Holdings is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before July 15, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day plus administrative costs shall be imposed for each day the violations continue past July 15, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that carried unanimously. Case #05-838 Property Address: VIOlation(s ): Nalbert L. Hyman 504 N.W. 2nd Street CH15-ART.IX-15-12O (D) INC 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 15, 2005 Remove all bash and debris in rear. Remove all unregistered/inoperable vehicles. Re-sod area of yard on N.W. 4th Avenue side of house and maintain a healthy green appearance of lawn. Sr. Code Officer Melillo stated that the City recommended a compliance date of June 25, 2005. Motion Based on testimony and evidence presented in Case #05-838, Ms. Simshauser moved that this Board find that Nalbert L. Hyman is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before June 25, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day plus administrative costs shall be imposed for each day the violations continue past June 25, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that carried unanimously. Case #05-901 Property Address: VlOlation(s): Renan &. lva C. Laurore 504 N.W. 12th Avenue Remove all trash and debris from property. Cean glass off parkilg area. Sr. Code Officer Mellilo stated that the City recommended a compliance date of June 25, 2005. Motion Based on testimony and evidence presented in Case #05-901, Ms. Simshauser moved that this Board find that Renan & Iva C. Laurore are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violations on or before June 25, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25 per day plus administrative 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 15, 2005 costs shall be imposed for each day the violations continue past June 25, 2005. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that carried unanimously. Case #05-668 Property Address: VlOlation(s): RG &. Gayle L. StEvenIon 3310 E. Atlantic Drive 13-16 B8C of ORD, CH15- ART.IX-15-12O (D) lINe. Sod yard and swaIe. Repair vvooden fence. Remove all loose bash and place four-inch house mmber on building visible from adjaari sb e.e.t Also, an oa:upational Ikmse is required for rental property. Sr. Code Officer Webb stated that the City recommended a compliance date of July 15, 2005. Motion Based on testimony and evidence presented in Case #05-668, Ms. Carroll moved that this Board find that RG & Gayle L. Steventon are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violations on or before July 15, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25 per day plus administrative costs shall be imposed for each day the violations continue past July 15, 2005. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that carried unanimously. Case #05-697 Vincent &. Anthony D'Angelo 3019 Grove Road CH15-ART.IX-15-12O (D) 1 INC, CH 20 SEC 8 E-16 Property Address: VIOlation(s): 28 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 15, 2005 Sod all areas void of grass in yard and swale. Place four-inch house number on building visible from adjacB1t: street. Sr. Code Officer Webb stated that the City recommended a compliance date of July 15, 2005. Motion Based on testimony and evidence presented in Case #05-697, Ms. Carroll moved that this Board find that Vincent & Anthony D'Angelo are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violations on or before July 15, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25 per day plus administrative costs shall be imposed for each day the violations continue past July 15, 2005. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that carried unanimously. Case #05-854 Property Address: VIOIation(s): Moise Leveille 3080 N. Seaaest Blvd. CH15-ART.IX-15-12O (D) lDeweed front yard and sod. Keep property mowed and trim all overgrowth. Sr. Code Officer Webb stated that the City recommended a compliance date of July 15, 2005. Motion Based on testimony and evidence presented in Case #05-854, Ms. Carroll moved that this Board find that Moise Leveille is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before July 15, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day plus administrative costs shall be imposed for each day the violations continue past July 15, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code 29 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 15, 2005 Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that carried unanimously. Case #05-855 Property Address: VIOlation(s): Lionel &. Annie L. Smith 170 S. Attantic Drive CH15-ART.IX-15-12O (D) 1.E, CH 20 SEC 8 E-16 Mow lawn and keep free of bash and debris. Place fou....inch house number on building visible from adjacent street. Sr. Code officer Webb stated that the City recommended a compliance date of June 25, 2005. Motion Based on testimony and evidence presented in Case #05-855, Ms. Carroll moved that this Board find that Lionel & Annie L. Smith are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violations on or before June 25, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day plus administrative costs shall be imposed for each day the violations continue past June 25, 2005. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that carried unanimously. Case #05-859 Property Address: VIOlation(s): Stacey Saulter 80 S. Attantic Drive CH15-ART.IX-15-12O (D) 1 INC Remove all loose trash. Sod yard and swale, bim overgrowth. Sr. Code Officer Webb stated that the City recommended 30 days. Motion 30 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 15, 2005 Based on testimony and evidence presented in Case #05-859, Ms. Carroll moved that this Board find that Stacey Saulter is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before July 15, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day plus administrative costs shall be imposed for each day the violations continue past July 15, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that carried unanimously. Case #05-868 Property Address: VIOlation(s): Juan J. Rodriguez 371 Ocean Paritway CH15-ART.IX-15-12O (D) i.E., CH 20 SEe 8 E-16 Sod all areas in yard and swale void of grass. PlacE four-inch house mmber on building visible from adjac:B1t street. Sr. Code Officer Webb stated that the City recommended 10 days. Motion Based on the testimony and evidence presented in Case #05-868, Ms. Carroll moved that this Board find that Juan J. Rodriguez is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before June 25, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day plus administrative costs shall be imposed for each day the violation(s) continue past June 25, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that passed unanimously. Case #05-961 Property Address: VIOlation(s): Hennan B. BlUnson 2300 N.W. 1st Street: FBC '01 ED BBA 104.1.1, 424.2.17.1.1 thlU 10; Of 15- ART.IX-15-12O (D) lINe 31 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 15, 2005 Trim bushes. Remove loose trash. Aboveground pool over 18 feet must be pennitted and must have proper pool banier. Sr. Code Officer Webb stated that the City recommended 10 days. Motion Based on the testimony and evidence presented in Case #05-961, Ms. Carroll moved that this Board find that Herman B. Brunson is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before June 25, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day plus administrative costs shall be imposed for each day the violation(s) continue past June 25, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this Order. Ms. Cook seconded the motion. Mr. Foot asked if the pool was filled, and Mr. Webb stated that it had been taken down. The motion passed unanimously. VI. Old Business A. Lien Penalty Certifications Sr. Code Officer Melillo recommended that the following cases be certified at $25 per day: Case #05-551, and Case #04-2652. 32 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 15, 2005 Case #05-551 Russell L. DaMn 1920 N. Seaaest Blvd. Motion Based on the testimony and evidence presented in Case #05-551, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated April 20, 2005, and having considered the gravity of the violation(s), the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $25 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that carried unanimously. Case #04-2652 John &. June Tradl 2623 N. Lake Drive Motion Based on the testimony and evidence presented in Case #04-2652, Mr. Foot moved that this Board find that the Respondents have not complied with this Board's Order dated February 16, 2005, and having considered the gravity of the violation(s), the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $25 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that carried unanimously. Sr. Code Officer Melillo recommended that the following case be certified at $100 per day: Case #04-2891. Case #04-2891 Richard K. &. Sherri L. Guthrie 2126 N.E. 3rd Street Motion Based on the testimony and evidence presented in Case #04-2891, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated February 16, 2005, and having considered the gravity of the violation(s), the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that carried unanimously. 33 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 15, 2005 Sr. Code Officer Melillo recommended that the following cases be certified "No Fine:" Case #04-2410, Case #05-72, Case #05-292, Case #05-331, and Case #05-254. Case #04-2410 Crystal Key at Woolbright Place S.W. 8th Street Motion Based on the testimony and evidence presented in Case #04-2410, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated January 19, 2005, and having considered the gravity of the violation(s), the actions taken by the Respondent, that this Board impose and certify "No Fine" including administrative costs. Ms. Simshauser seconded the motion that carried unanimously. Case #05-72 Major &. Ama M. Washington 712 N.W.lst St. Motion Based on the testimony and evidence presented in Case #05-72, Ms. Carroll moved that this Board find that the Respondents have not complied with this Board's Order dated April 20, 2005, and having considered the gravity of the violation(s), the actions taken by the Respondents, that this Board impose and certify "No Fine" including administrative costs. Ms. Simshauser seconded the motion that carried unanimously. Case #05-292 Judith Lotmann 137 S.E. 27th Ave. Motion Based on the testimony and evidence presented in Case #05-292, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated April 20, 2005, and having considered the gravity of the violation(s), the actions taken by the Respondent, that this Board impose and certify "No Fine" including administrative costs. Ms. Simshauser seconded the motion that carried unanimously. Case #05-331 Mogloire Oman 2873 S.E. 1st PI. Motion Based on the testimony and evidence presented in Case #05-331, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated April 20, 2005, and having considered the gravity of the violation(s), the actions taken by the Respondent, that this Board impose and 34 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 15, 2005 certify "No Fine" including administrative costs. Ms. Simshauser seconded the motion that carried unanimously. Case #05-254 Johnny Young, Jr. &. Nonna Guthrie 211 N.E. 26th Ave. Motion Based on the testimony and evidence presented in Case #05-254, Ms. Carroll moved that this Board find that the Respondents have not complied with this Board's Order dated April 20, 2005, and having considered the gravity of the violation(s), the actions taken by the Respondents, that this Board impose and certify "No Fine" including administrative costs. Ms. Simshauser seconded the motion that carried unanimously. YD. Discus90n There will be a lien reduction hearing on June 23, 2005. Mr. Blasie commented that he agreed with Mr. Foot in his comment about the Gulf Stream Lumber property that ten days was not enough time for a demolition. There is a letter in the file dated November 15, 2004 from Mr. Vlassis, whereby he says he has consulted with a demolition contractor and had an estimate of $26,800 and was going to keep the City posted. There is also a fax to the City dated November 16, 2004 where Mr. Vlassis agreed to do what the City had asked him to do in terms of clean up plus do the demolitions of the three buildings as the City asked. VDI. Adjoumnent The meeting was duly adjourned at 9:09 p.m. Respectfully submitted, " /'~4. Transcribed by: ~~ ~ Susan Collins, Recording Secretary Recorded by Catherine Wharton 35