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Minutes 07-20-05 MINUTES OF THE CODE COMPLIANCE BOARD REGULAR MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON WEDNESDAY, JULY 20,2005 AT 7:00 P.M. Present Michele Costantino, Chairperson Kathy Cook, Vice Chair Kathleen Carroll Chris DeLiso Lisa Simshauser Richard Yerzy, Voting Alternate Julie Klahr, Board Attorney Scott Blasie, Code Administrator Code Officers: Courtney Cain Luney Guillaume Skip Lewis Richard Laverdure Mike Melillo Vestiguerne Pierre Pete Roy Willie Webb Absent: Bob Foot Patricia Maitner I. Call to Order Chairperson Costantino called the meeting to order at 7:00 p.m. II. Approval of Minutes - Minutes of May 18, 2005 Chairperson Costantino referred to the corrections to the May 18, 2005 minutes submitted by Mr. Foot in writing since he would not be present at tonight's meeting as follows: On page 1, under "Approval of Minutes of May 18, 2005", the second paragraph should conclude changing "incidences" to "incidents." On page 3, there should be a reference to approval of the agenda by motion that was made by Mr. Foot. On page 5, the motion carried 5-2. It should be noted on page 19 that Mr. DeLiso left the meeting at intermission. There were no other changes to the minutes of May 18, 2005. Motion Mr. DeLiso moved to approve the minutes of May 18, 2005, as corrected. Motion seconded by Ms. Carroll and unanimously carried. Mr. Foot had no corrections to the minutes of 'June 23, 2005. Meeting Minutes Code Compliance Board Boynton Beach, Florida July 20, 2005 Motion Mr. DeLiso moved to approve the minutes of June 23, 2005. Motion seconded by Ms. Carroll and unanimously carried. Mr. Blasie announced at this time there were no cases for the lien reduction meeting of July 28,2005. If circumstances change, he would notify the members. Mr. DeLiso referred to the memorandum from City Clerk Prainito dated July 11, 2005 and he agreed with what was stated in the memorandum. He recommended making it a Board policy that any member who had corrections to minutes should submit them in writing to the Chairperson on the Monday before the meeting date. The Chairperson would then read them into the record. Chairperson Costantino was agreeable with this procedure. Members agreed with this recommendation and requested Mr. DeLiso make this recommendation in the form of a motion. Motion Mr. DeLiso moved that all corrections, deletions and amendments to the minutes of the previous Board meetings be submitted to the Chairperson on the Monday prior to the meeting date. The Chairperson would read them into the record. Motion seconded by Ms. Carroll and unanimously carried. Mr. DeLiso requested the Code Compliance Office notify Mr. Foot, who was not present tonight, of this new policy. Chairperson Costantino noted a Board Workshop was scheduled for Friday, August 5th at 2:00 p.m. in the Library Program Room. III. Approval of Agenda The following changes were made to the agenda: Page 3 (Case #05-874), BBD Associates 98 - complied Page 25 (Case #05-1021), James A. & Dianne R. Rowley - complied Page 28 (Case #05-1061), James R. Peters, Jr. - complied Page 29 (Case #05-1323), Woolfed Inc. - removed Page 30 (Case #01-706), Boynton Industrial Park Assoc. - removed Motion Mr. DeLiso moved to approve the agenda, as amended. Motion seconded by Ms. Carroll and unanimously carried. 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 20, 2005 Officer Roy introduced new Board member, Richard Yerzy, and Assistant City Attorney Julie Klahr. Ms. Klahr explained the plea procedures and stated cases would be heard in order of their listing on the docket. People who were present would have their cases heard first. Ms. Klahr noted the Code Board is authorized by law to ensure compliance with the City's Code of Ordinances. All testimony is under oath and evidence may be presented to the Board. After testimony and evidence was presented, an order would be entered. Pursuant to Chapter 162 Florida Statutes, all orders of the Code Compliance Board may be appealed to the Circuit Court of Palm Beach County Florida. Transcripts of the hearings are available. Ms. Klahr administered the oath to all persons who would be testifying. Officer Roy pointed out Page 6 (Case #05-712) has complied; as a result, the agenda needed to be amended. Motion Ms. Carroll moved to remove Case #05-712 from the agenda. Motion seconded by Ms. Simshauser and unanimously carried. Officer Roy called the roll and requested that all persons who were present indicate by stating so. V. New Business A. Cases to be Heard (Tabled) None B. Cases to be Heard (New) Case #05-1071 Property Address: Violations: Jose Silva 115 NW 8th Street Code Section 424.2.17.1.1 through 10; Pool is unsecured. Please secure pool. Officer Courtney Cain presented the case and reported he had been previously sworn in. The property is a single-family dwelling and was originally cited on May 27, 2005 through a citizen complaint. The property was cited by written notice, certified mail and the respondent was given 10 days to comply. Jose Silva, 115 NW 8th Street, Boynton Beach, pled no contest and asked for 30 days to bring the property into compliance. 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 20, 2005 Ms. Cook inquired if the violation was the result of hurricane damage and Mr. Silva stated that it was, and he would be installing a fence to correct the violation. Officer Cain reported Mr. Silva has received a permit for the work. Motion Based on testimony and evidence presented in Case #05-1071, Mr. DeLiso moved that this Board find that Jose Silva is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violation on or before August 19, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and all previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $75.00 per day, plus Administrative Costs, shall be imposed for each day the violation continues past August 19, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Ms. Simshauser and unanimously carried. Case #05-735 Property Address: Violations: Joseph E. Higgins, Jr. 701 SE 4th St Chapter 15, Article IX-15-120 (D) 1, Inc. Please mow and trim the entire property; swale area included. Install sod in the dead area of yard and swale. Remove all trash and debris. Shed needs to be repaired or removed. Officer Guillaume presented the case and stated he was previously sworn. The property was originally cited on April 4, 2005 as the result of a citizen's complaint and was posted on June 18, 2005. The respondent was given 30 days to comply. Joseph E. Higgins, 234 SE 34th Avenue, Boynton Beach, pled guilty. Chairperson Costantino asked the respondent how much time he needed to bring his property into compliance. Mr. Higgins responded most of the violations have been corrected, and he contracted with a landscaping company to maintain the property. He has removed the debris on many occasions, and some of the debris was not his. Chairperson Costantino requested to view the photographs. Officer Guillaume presented the photos first to Mr. Higgins and then to the Board. Chairperson Costantino asked the respondent what his plans were for the shed and he stated he would be repairing it. Chairperson Costantino asked if the respondent would be applying for a permit to repair the shed, and Officer Guillaume stated a permit was not necessary. Motion Based on testimony and evidence presented in Case #05-735, Mr. DeLiso moved that this Board find that Joseph E. Higgins, Jr. is in violation of City of Boynton Beach Code 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 20, 2005 Sections as cited, and moved to order that the Respondent correct the violations on or before August 19, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and all 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 violations continue past August 19, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Motion seconded by Ms. Carroll and unanimously carried. Case #05-749 Property Address: Violations: Abbie A. Jullien 171 Orange Drive Code Section 13-16, B.B.C. of Ord. and Chapter 15, Article IX-15-120 (D) Inc. If house is being rented, an occupational license is required. Please repair your fence. Post is broken and fence is leaning. Officer Laverdure presented the case and stated he had been previously sworn in. The property was cited through routine inspection on April 6, 2005. The occupational license is no longer an issue. The property was cited by written notice and the respondent was given 30 days to comply. Proof of service was posted on June 18, 2005. Abbie Jullien, 2260 Chimney Springs Drive, Marietta, Georgia, pled guilty. Chairperson Costantino asked the respondent how much time she needed to repair the fence and she requested 30 days. Motion Based on testimony and evidence presented in Case #05-749, Ms. Carroll moved that this Board find that Abbie Jullien is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violation on or before August 19, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and all 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 19, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this order. Motion seconded by Mr. DeLiso and unanimously carried. Case #05-1230 Property Address: Violations: Jeanne Arias 331 NE 15th Court Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc., and 120 (E), Inc., FBC 2000 Section 424.2.17.1.8. Please secure pool 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 20, 2005 from entry with proper barriers. Overgrown yard needs to be mowed and trimmed. Remove all trash and debris. Pool needs to be restored to a sanitary condition. Roof needs to be repaired or replaced. (permit required) Officer Lewis presented the case and stated the only remaining violation was the roof needed to be repaired. A permit is required in accordance with Chapter 15, Article IX- 15-120 (E) Inc. and the Florida Building Code 2001 Edition. Jeanne Arias, 919 West Branch Street, Lantana, pled no contest. Ms. Arias reported she hired a roofing contractor that would be starting the repairs on August 4, 2005, but was not certain they would actually begin the work on that date. The respondent requested 90 days. Chairperson Costantino asked about the condition of the roof, and Officer Lewis stated the house was vacant and there was damage to the front of the house. Ms. Arias stated she would be replacing the entire roof. Motion Based on testimony and evidence presented in Case #05-1230, Ms. Carroll moved that this Board find that Jeanne Arias is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violation on or before October 18, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and all 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 October 18, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this order. Motion seconded by Mr. DeLiso and unanimously carried. Case #05-884 Property Address: Violations: Antonio Storzieri 710 SW 27th Terrace Code Sections Chapter 15, Article IX-15-120 (D).1 B. Remove shell rock over asphalt. Asphalt driveway must stay asphalt. Any changes will require a permit. Officer Pierre presented the case and stated he had been previously sworn in. Antonio Storzieri, 710 SW 27th Terrace, pled not guilty. Mr. Storzieri reported he called the City about securing a permit and was informed he did not need a permit. He performed the work and was then cited by Officer Pierre. After he was cited, he again tried to obtain a permit and was informed he could not get a permit for the work he 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 20, 2005 performed. He spoke with Mr. Blasie, who stated he would come out to the property to look at it, and if he did not hear back from Mr. Blasie, he should not worry about the case. He never heard from Mr. Blasie and after a few weeks, he received another citation from Officer Pierre. He did speak with Mr. Blasie who informed him to move the rocks back 15', because they were in the City easement. Mr. Storzieri stated his driveway is Chattahoochee, not shell rock. He was willing to obtain the permit, but was not allowed to do so. Chairperson Costantino requested to look at the photographs. Mr. Blasie acknowledged he spoke with Mr. Storzieri and then spoke with the City's Engineer, who informed him the right-of-way needed to be asphalt in accordance with the City's code. Mr. Blasie noted the respondent had to place asphalt in the City's right of way because of safety and utility concerns. Mr. Blasie was under the assumption the respondent was going to replace the Chattahoochee with asphalt. He informed the Board they only had to address the condition of the right-of-way, not the entire driveway. Mr. DeLiso asked what the respondent had to do to bring the property into compliance. Mr. Blasie stated the Chattahoochee in the City right-of-way needed to be removed. The respondent stated he replaced the asphalt because of the potholes in the right-of-way. The respondent felt replacing the Chattahoochee with asphalt would be an eyesore and he was only trying to beautify his property. Chairperson Costantino inquired if a permit was, in fact, necessary. Mr. Blasie stated there was no requirement in the code for installing Chattahoochee. Mr. Blasie stated he would not need a permit to replace the asphalt in the City's right-of-way and the Chattahoochee in the remainder of the driveway could remain. Mr. Storzieri pointed out that he was cited for not getting a permit, when in fact there was no permit for what he needed to do. Mr. Blasie clarified he was cited under the City's appearance code. Members acknowledged that even though the respondent's property looked very good, they had to follow the code and require the respondent to replace the Chattahoochee with asphalt. Mr. Storzieri inquired if he could replace the asphalt with something else, such as pavers and he was informed to consult with the Building Division to see what was permissible. Motion Based on testimony and evidence presented in Case #05-884, Mr. DeLiso moved that this Board find that Antonio Storzieri is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violation on or 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 20, 2005 before September 3, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and all 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 September 3, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this order. Motion seconded by Ms. Simshauser and unanimously carried. Case #05-947 Property Address: Violations: Jaisel Gosai 903 SW 27th Terrace Code Sections 13-16 B.B.C. of Ord. Occupational license is required for rental property. Please obtain occupational license to comply with City codes. Jaisel Gosai, 917 Chapel Hill Boulevard, Boynton Beach, pled no contest and stated the house was for sale. As a result, he asked if it was still necessary that he obtain an occupational license. Chairperson Costantino inquired if the property was rented and the respondent stated that it was. He was informed he still needed to obtain an occupational license. Mr. Blasie informed the respondent after he applied for an occupation license, he would have to contact Officer Pierre to inspect the premises. Motion Based on testimony and evidence presented in Case #05-947, Ms. Carroll moved that this Board find that Jaisel Gosai is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violation on or before August 19, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and all 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 19, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this order. Motion seconded by Mr. DeLiso and unanimously carried. Case #05-967 Property Address: Violations: Rebecca L. & Lanson R. Mierke 3630 SE 2nd Street Code Sections Chapter 15 - Article IX-15- 120 (D) Inc. De-weed yard and sod it 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 20, 2005 Officer Pierre presented the case. Lanson Mierke, 3630 SE 2nd Street, Boynton Beach, Florida, pled no contest. Chairperson Costantino asked the respondent how much time he needed for compliance and he inquired what he needed to do to bring the property into compliance. Officer Pierre presented photographs to Mr. Mierke and explained what he needed to do to attain compliance. Mr. Mierke stated he would remove the mulch and plant shrubs and requested 30 days. Motion Based on testimony and evidence presented in Case #05-967, Ms. Carroll moved that this Board find that Rebecca L. and Lanson R. Mierke are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violation on or before August 19, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondents, and all 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 August 19, 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 unanimously carried. VI. Old Business A. Lien Penalty Certifications (New) Case #04-2319 Gulfstream Lumber Co. 1415 S. Federal Hwy. Dennis Vlassis Registered Agent Margot Vlassis Officer/Director Officer Cain reported that the notice of violation was October 12, 2004 for violation of the Boynton Beach Code of Ordinance and the Florida Building Code 2001 Edition. No one appeared at the June 15, 2005 hearing date. A compliance date of June 25, 2005 was set or be fined $1,000 per day. The property has not yet complied. Dennis Vlassis assumed the podium. Chairperson Costantino explained that the Board would be considering certifying the lien on the property. Mr. Blasie reported that the respondent is in the process of compliance and demolition was started today for the buildings that was a major part of the violation. Mr. Blasie requested the respondent give an update of what they are doing to bring the property into compliance. Mr. Vlassis anticipated the demolition of the buildings would be completed within a week. After that, he will be cleaning up the property. 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 20, 2005 Mr. DeLiso asked if the property had been sold. Mr. Vlassis stated the property was scheduled to close on June 15\ but he had to bring the property into compliance. Mr. Vlassis explained three and one-half buildings would be razed and the remainder would remain. Chairperson Costantino asked if the State signed off on the asbestos issue and Mr. Vlassis responded they have and he provided a memo to the City. Mr. DeLiso asked if the property would be developed. Mr. Vlassis answered the project is going through site plan approval for 400 apartments, a parking garage and retail space. He was not certain how far they were along in the process with the City. Motion Mr. DeLiso moved that Case No. 04-2319 be tabled until the Code Compliance Board Meeting to be held on August 17, 2005. Motion seconded by Ms. Carroll and unanimously carried. Case #05-788 E.O. Investments 1026 SW 23rd Avenue Officer Cain pointed out the notice of violation date was April 12, 2005 for violation of the Florida Building Code, Boynton Beach Amendments. No one appeared at the Code Compliance Board Hearing on June 15, 2005. A compliance date of June 25, 2005 was set or be fined $50 per day. The property complied on July 13th. The City recommends no fine. Edgar Ortiz of E.O. Investments, 1026 SW 23rd Avenue, pointed out the case has been pending since April 12, 2005 and no one appeared at the June 15th hearing date. Officer Cain explained the City had problems getting notices to the respondent because he lived in Ft. Lauderdale. Once the respondent received notice, he came to the Code Office and informed Officer Cain he would immediately apply for the permit, which he did. Motion Mr. DeLiso moved to dismiss Case #05-788. Motion seconded by Mr. Yerzy and unanimously carried. Case #05-212 Jonis Elusme & Marie Auguste 404 W. Ocean Ave. Officer Guillaume stated the notice of violation date was January 27, 2005 for violation of the Florida Building Code, Boynton Beach Amendments. The respondent did appear at the May 18, 2005 Code Compliance Board Hearing. A compliance date of June 17, 2005 was set or be fined $50 per day. Officer Guillaume stated the violation still exists. Jonis Elusme, 404 W. Ocean Avenue, assumed the podium. Chairperson Costantino asked the respondent why his property was not in compliance. He stated he has been working on the property since January, but the plans he submitted have been delayed by the City. He has been working with an architect and received a new plan today that 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 20, 2005 he will be bringing it to the City tomorrow. Chairperson Costantino asked how much time he needed, and he requested 60 days. Motion Mr. DeLiso moved that Case No. 05-212 be tabled until the Code Compliance Board Meeting to be held on September 19, 2005. Motion seconded by Ms. Carroll and unanimously carried. Case #05-832 Laverne Glassco & Summer Bryant 330 NW 1st Ave. Officer Guillaume presented the case. The property was cited on April 21, 2005 for violation of the Florida Building Code 2001 Edition, Boynton Beach Amendments 104.1.1. No one appeared at the June 15, 2005 Code Compliance Board Hearing. A compliance date of June 25, 2005 was set or be fined $50 per day. The property has not yet complied. Summer Bryant, 330 NW 1st Avenue, assumed the podium. Ms. Bryant stated the property is uninhabitable and she is living next door. The roof of the house was blown off last year as a result of the hurricanes. FEMA supplied her with the name of a roofer whom she contacted and paid to put on a new roof. After two months, the contractor obtained a permit and began work on the roof. When the roof was finished, however, it did not pass inspection. The contractor never informed her of this and the permit was voided. She no longer has the funds to put on another roof because she used the insurance money for this roof. Mr. DeLiso inquired why the permit was voided. The respondent stated the contractor informed the City he did not know who she was, even though he cashed her check. Because of this, the City voided the permit. Ms. Bryant then filed a complaint with the Police Department and discovered the contractor is wanted for fraud in several areas. Chairperson Costantino felt it was important that a representative from the City's Building Department should have attended the meeting so the Board's questions could be answered. Mr. Blasie explained because there is no permit, the Building Department is not involved. The Board advised Ms. Bryant to file a complaint with the State's Attorney General's Office. She explained that there were actually two people involved; the general contractor and his roofing sub-contractor. It is the general contractor who is claiming he never spoke with her and it was the sub-contractor that actually performed the work. Officer Lewis explained Ms. Bryant needed to find a contractor to pull a permit and then get a final inspection on the work that has been performed. Officer Lewis is aware of a roofer who has helped other people who were defrauded similar to Ms. Bryant and he offered to contact him to assist her. Mr. Blasie will also speak with the Building Division about Ms. Bryant's situation. 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 20, 2005 Motion Mr. DeLiso moved that Case #05-832 be tabled until the Code Compliance Board Meeting to be held on October 19, 2005. Motion seconded by Ms. Carroll and unanimously carried. Mr. Scott stated that the date to table Case #05-212 was incorrect and should have been September 21,2005. Motion Mr. DeLiso moved to amend his motion in Case #05-212 to table to the September 21, 2005 Code Compliance Board Meeting. Ms. Carroll seconded the amended motion. Ms. Klahr inquired if the respondent in Case #05-212 was still present. Since he left the meeting, Mr. Klahr requested the Code Office send him notice of the change of date. Vote The motion carried unanimously. Case #05-567 Robert J. Manze Ltd. Partnership 8562 Lawrence Rd. Officer Lewis presented the case and stated the notice of violation date was March 14, 2005. The only violation remaining is the Florida Building Code 2001 BBA 104.1.1, which is obtaining a permit for the shed. All other violations have complied. Robert J. Manze, 6163 Amberwoods Drive, Boca Raton, assumed the podium. Mr. Manze acknowledged they needed to obtain a permit and he has hired a civil engineer to prepare the final plans. The respondent requested 60 days for compliance. Officer Lewis reported the property is rented and the tenant had installed the shed. Officer Lewis also noted that the respondent would still need to obtain an occupational license. Motion Ms. Carroll moved that Case #05-567 be tabled until the Code Compliance Board Meeting to be held on September 21, 2005. Motion seconded by Mr. DeLiso and unanimously carried. Case #05-415 Yves M. Hubert Tr. 725 N. Federal Hwy. Officer Roy presented the case. The notice of violation date was February 17, 2005 for violation of the Florida Building Code 2001 Edition, Boynton Beach Amendments 104.1.1. A permit is required for modification of the rear garage doors, an engineering consultant is required to design the necessary changes, and a licensed contractor must file an application to secure permits and inspections. 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 20, 2005 Mr. Hubert appeared at the March 16, 2005 Code Compliance Board Hearing. A compliance date of June 14, 2005 was set or be fined $100 per day. The violation came into compliance on July 19, 2005 for 34 days of non-compliance. Yves Hubert, 717 N. Federal Highway, Boynton Beach, reported he picked up his permit this morning. He explained because the Building Division gave him different directions on several occasions, this resulted in the delay of obtaining the permit. He felt because the City caused the delay, it was not his fault that the property did not comply until yesterday. Ms. Hubert asked the Board if it would dismiss the fine since he felt it was the City's Building Division that caused the delay in obtaining the permit. Ms. Cook pointed out the City has incurred expenses in the case. Motion Based on the testimony and evidence presented in Case #05-415, Ms. Cook moved that this Board find that the Respondent, Yves Hubert, was in violation of the City of Boynton Beach Code Sections as cited, subsequent to the date of compliance specified in this Board's Order of March 16, 2005, and in consideration of the gravity of the violations, the actions taken by the Respondent to remedy the violations, and previous violations of the Respondent, that this Board impose and certify a fine in the amount of $634.12 including administrative costs. Motion seconded by Ms. Carroll and unanimously carried. Mr. Hubert took exception to being fined since he felt it was the Building Division that caused the delay in his receiving his permit. He explained he called every day to check on the status of his application and he also pointed out he had to have the Fire Department inspect the door as well. Ms. Cook responded if Mr. Hubert had applied for a permit before commencing the work, he would not have been cited. Chairperson Costantino explained he was only fined for administrative costs and was not issued any additional fine. Mr. Hubert inquired if he had any recourse on the assessment of the fine. He was informed that he could apply for a lien reduction and was instructed to speak with Ms. Springer in the Code Office. Case #05-437 Doris D. Jefferson 136 NE 12th Avenue Officer Mellilo presented the case and stated he had been previously sworn. The notice of violation date was February 23, 2005 for violation of the Florida Building Code 2001 Edition, Boynton Beach Amendments 104.1.1. No one appeared at the Code Compliance Board Hearing on May 18, 2005. A compliance date of May 28, 2005 was set or be fined $50 per day and the property has not yet complied. Milton Russell, 1004 NW 3rd Street, Boynton Beach, informed the Board he was the agent for Ms. Jefferson. 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 20, 2005 Chairperson Costantino asked if they have applied for the permit for re-roofing, and Mr. Russell stated they did not re-roof the house. He pointed out Ms. Jefferson has been in and out of the hospital and nursing facilities for the past year. Mr. Russell inspected the roof and noted some patching had been done. However, they will be applying for a permit to place a new roof on the house. During the hurricanes, Ms. Jefferson was in the hospital, and a tenant patched the roof over his apartment that was leaking. Mr. Russell explained the property is a three-unit house. Officer Mellilo noted Don Johnson wrote a red tag for the building on February 18, 2005 for re-roofing and rehabilitation of the building without permits. Also engineering is required for the flat roof joist and it appeared this area has been turned into three apartments. Officer Mellilo researched the property and determined the property was a multi-family dwelling for many years and, therefore, the only violation was for the permit for the re-roofing and inspections. Mr. DeLiso asked how much of the roof was patched, and Officer Mellilo stated they could not determine this unless they went up on the roof. In this case, Mr. DeLiso asked how they determined the roof had been patched. Officer Mellilo said this question should be addressed to Mr. Johnson. Mr. DeLiso felt if there was no proof that the roof was actually re-roofed, the case should be dismissed. Mr. Blasie commented that Mr. Johnson should have been present to answer these questions or at least have photos of the roof. He did note Mr. Russell acknowledged that a new roof was necessary. Motion Mr. DeLiso moved to dismiss Case #05-437. Motion seconded by Mr. Yerzy. Ms. Cook felt the Board should accept Mr. Johnson's report and noted Mr. Russell acknowledged there was a problem with the roof. Ms. Simshauser recommended tabling the case for 60 days to allow Mr. Russell time to decide what to do and to also provide an opportunity for Mr. Johnson to attend the meeting. Mr. DeLiso pointed out the property was cited for re-roofing the roof without a permit. Since Mr. Russell pointed out the roof was not re-roofed, he was not in any violation. Chairperson Costantino asked if there was a period after the hurricanes where people could make minor repairs under a certain amount of money without a permit. Mr. Blasie pointed out even if this were the case, this is rental property and would probably not apply. Mr. Blasie felt the property probably should have been cited for a roof repair without a permit. He also did not think the roof had been re-roofed from the testimony. 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 20, 2005 Ms. Cook inquired about the remodeling portion of the citation. Mr. Blasie thought this had already been addressed when Code Officer Mellilo explained that the property was a multi-family structure. Mr. Blasie said they would research the entire case tomorrow to determine what their next step would be. Vote Motion to dismiss carried 5-1 (Ms. Cook dissenting). Case #04-1446 Michael R. Rogers 111 NE 3rd Avenue Code Officer Roy presented the case. The notice of violation date was June 25, 2005 for violation of the Florida Building Code 2001 Edition, Boynton Beach Amendments 104.1.1 requiring permits and inspections for repair from fire damage. Mr. Rogers presented a file folder containing information to the Board and the Recording Secretary, a copy of which is on file in the City Clerk's Office. The case first came before the Board on April 20, 2005 and the respondent appeared. A compliance date of June 19, 2005 was set or be fined $75 per day. The property has not yet complied for 30 days of non-compliance. Michael R. Rogers, 111 NE 3rd Avenue, Boynton Beach, assumed the podium. Ms. Cook asked about the respondent's progress and when he thought the property would comply. Mr. Rogers responded he contacted electricians and other contractors that he paid money to, but they never came back with the permits. He was advised to rebuild the house. He tried to get a mortgage on the property to do the repairs, but this fell through. As a result, he intends to sell a lot of land that he owns and use the proceeds of the sale from that lot to fix up the house. He would like to remain in his house if possible. He requested the case be tabled for 30 days. Mr. DeLiso noted if the City certified the lien, the respondent would not be able to sell his lot. Since Mr. Rogers has attended all the meetings, Mr. DeLiso felt the Board should try to work with him and inquired if the property was a "life-safety issue." Officer Roy did not think it was since he has been in the house while the repairs have been made and it appears to be okay. Motion Mr. DeLiso moved that Case #04-1446 be tabled until the Code Compliance Board Meeting to be held on October 19, 2005. Motion seconded by Ms. Carroll and unanimously carried. 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida Case #05-961 Herman B. Brunson July 20, 2005 2300 NW 1 st Street Code Officer Webb presented the case. The notice of violation date was May 11,2005 for violation of the Community Appearance Code and the Florida Building Code 2001 Edition, Boynton Beach Amendments 104.1.1. No one appeared at the June 15, 2005 Code Compliance Board Hearing. A compliance date of June 25, 2005 was set or be fined $50 per day. The violations still exist, except the swimming pool has complied. Herman Brunson, 2300 NW 1 st Street, Boynton Beach, assumed the podium. Mr. Brunson reported he removed the pool and cut the hedges. He asked what was required to bring the property into compliance. Officer Webb presented photos to the respondent and then to the Board. Officer Webb explained what needed to be done to bring the property into compliance. Mr. Brunson explained the material in the photos was building material he would be using use to repair his house that was damaged from the hurricanes. The material had been covered with a tarp, but someone took it off. Chairperson Costantino recommended he store the materials in his garage. Mr. Brunson stated he needed the garage to park his car. He has a permit to repair the roof and is in the process of fixing the roof. Mr. DeLiso asked if the property would be cleaned up within 30 days and the respondent thought he would have it cleaned up within that time. Motion Mr. DeLiso moved that Case No. 05-961 be tabled until the Code Compliance Board Meeting to be held on August 17, 2005. Motion seconded by Ms. Cook and unanimously carried. Officer Lewis noted that the respondent in Case #05-1003 (page 18) was present and needed to be sworn. She was present when the roll was called, but did not respond when her name was called. Attorney Klahr administered the oath to all persons who arrived late. New Business A. Cases to be Heard Case #05-1003 Property Address: Violations: Linda Shelton & Nancy Morrow 1614 N. Seacrest Blvd. Chapter 15, Article IX-15-120 (D), Inc. and 120 (E) Inc. Please remove all trash and debris from the trash hole. Re-sod trash hole area. Remove all junk, trash and debris from the backyard and property. Paint 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 20, 2005 house and fascia where paint is missing or deteriorated. Repair windows. Code Officer Lewis presented the case. The property was originally inspected on May 20, 2005 and was given 10 days to comply. The respondent is a repeat violator and the City is recommending 15 days for compliance. Linda Shelton, 1614 N. Seacrest Boulevard, Boynton Beach, pled no contest. Ms. Shelton questioned being called a "repeat violator." and said she had not been before the Board previously for this property. Officer Lewis thought Officer Webb brought the respondent before this Board recently for the same violations at the same address. Ms. Shelton informed the Board the house had been painted. Officer Lewis stated the remaining violations are remove all trash and debris from the trash hole, repair all broken windows and remove all trash and debris from the backyard. The trash hole needs to be resodded. Ms. Shelton informed Officer Lewis that she fixed all the windows, but when he inspected it, there was a broken jalousie window. Officer Lewis noted the trash hole in front is a constant problem and is always full. The Code states that trash cannot be put out prior to 24-hours before pickup and trash has sat for weeks in the trash hole. Officer Lewis recommended if the respondent had a great deal of trash, she should get a dumpster. Chairperson Costantino requested to view the photos. Officer Lewis presented the photos to the respondent and then to the Board. Ms. Shelton said the trash that was not picked up was roofing materials that the City would not pick up. She called for a special pick up costing her $40. Ms. Shelton explained she puts the trash out whenever she is able to because she has a bad back and some days she cannot put the trash out. She agreed to plant grass in the trash hole. Ms. Shelton put several new windows in the house, but was having difficulty finding a jalousie window. Officer Lewis pointed out the backyard needed to be cleaned up because a neighbor keeps complaining. Ms. Shelton said she could have the property in compliance within 15 days. Motion Based on testimony and evidence presented in Case #05-1003, Mr. DeLiso moved that this Board find that Linda Shelton and Nancy Morrow 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 August 4, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondents, and all previous violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $75.00 per day, plus Administrative Costs, shall be imposed for each day the violation continues past August 4, 2005. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 20, 2005 arrange for re-inspection of the property to verify compliance with this order. Motion seconded by Ms. Carroll and unanimously carried. Case #05-1030 Property Address: Violations: Marie C. & Jean Brizeus 146 SE 27th Court Chapter 15, Article IX-15-120 (D), Inc. Sod bare spots in your swale. If you have shell rock in your swale, de-weed it and add more rock. If you have sod, de-weed it and sod all bare spots in swale and yard to comply with City Code. Code Officer Pierre presented the case and Attorney Klahr administered the oath to Ms. Brizeus. Marie Brizeus, 126 SE 27th Court, Boynton Beach, pled guilty. Chairperson Costantino asked how much time she needed to bring the property into compliance. Ms. Brizeus requested 60 days because she is leaving for Haiti next week. The Board felt that 60 days was too long. Officer Pierre pointed out the respondent already has the shell rock and all that is needed is de-weeding the shell rock. Motion Based on testimony and evidence presented in Case #05-1030, Mr. DeLiso moved that this Board find that Marie Brizeus and Jean Brizeus 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 August 19, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondents, and all 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 August 19, 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. Yerzy and unanimously carried. Lien Penalty Certifications Case #05-364 Joseph C. & Suzanna Y. Bean 131 NE 17th Avenue Officer Lewis presented the case. The notice of violation date was February 10, 2005 for violation of the Community Appearance Code. No one appeared at the Code Compliance Board Hearing of April 20, 2005. A compliance date of May 20, 2005 was set or be fined $25.00 per day' and the violation still exists for 60 days of non- compliance. Joseph C. Bean, 131 NE 17th Avenue, Boynton Beach, assumed the podium. Officer Lewis explained that the property still needed to be mowed and is in need of sod. Mr. 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 20, 2005 Bean informed Officer Lewis sometime back that he was going to install sod. Officer Lewis found plywood against the house and one window has plywood over it. Mr. Bean stated he put plywood over the window because it was damaged during the last hurricane and he has yet to replace the window. Mr. Bean explained he spent $1,000 to clean out the trash and debris. He also removed the shrubbery in back of the house. He was planning to put sod in, but had some financial problems. Ms. Cook inquired if there was improvement to the property. Officer Lewis stated it has improved, but still needed work. Mr. DeLiso requested to view the photos. Officer Lewis presented the photos first to the respondent and then to the Board. Chairperson Costantino asked the respondent how much time he needed to bring the property into compliance. Mr. Bean asked for 30 days. The City agreed with 30 days. Motion Mr. DeLiso moved that Case No. 05-364 be tabled until the Code Compliance Board Meeting to be held on August 17, 2005. Motion seconded by Ms Carroll and unanimously carried. VII. Lien Reduction Case #03-2161 Joseph M. & Sylvia S. Woods 12 Grange Place Mr. Blasie reported the property was originally cited on July 29, 2003 for violations of the Community Appearance Code. No one appeared at the October 15, 2003 Code Compliance Board Hearing. A compliance date of November 14, 2003 was set or be fined $25 per day. The property complied on July 18, 2005 for 611 days of non- compliance, resulting in a total fine of $15,275, plus $730.15 in administrative costs. Mr. Woods pointed out he was present at the October 15, 2003 meeting. Mr. Blasie presented three photographs taken today, two taken on October 14, 2003 and one on December 15, 2003, first to the respondent and then to the Board. Joseph Woods, 12 Grange Place, Boynton Beach assumed the podium. Chairperson Costantino asked the respondent why it took him so long to bring the property into compliance. Mr. Woods explained he was the Code Enforcement Administrator in 2000 for the City of Riviera Beach, and his homeowner association cited him for the garage door and to paint the house. He fixed the garage door and two months later he lost his job. He was out of work for eight months and when he secured a new job, it was at a much lower salary. Because of his financial situation, he was not able to fix the house. He has since 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 20, 2005 secured a position with the City of Tamarac as the Code Enforcement Director and his salary has increased substantially, so he could fix the house. After he made all the required repairs, he telephoned the Code Office sometime in January 2004 to tell them the property was in compliance and requested someone come out and inspect the property. Since he never heard from anyone, he assumed the property complied. When he tried to refinance the property recently to put a new roof on the house, he learned there was a lien on the house. At that point, he contacted Mr. Blasie to correct the situation. He requested that the Board take into consideration his financial situation when he lost his job. When he fixed the property, he assumed the violation had been satisfied. Mr. Woods pointed out he was only receiving $10,000 from the refinance of the property that he needs to put a new roof on the house. Therefore, he will not have much money left over for other purposes. Chairperson Costantino had concerns about the impact his property had on his neighbors. The respondent noted the violations were minor and he did not think they impacted the neighbors. He replaced the screens three times since he was cited. Ms. Cook felt since Mr. Woods was a Code Enforcement Officer, he should have been aware of the procedures and should have known that a phone call was not sufficient to settle violations. Mr. Woods thought that after he made the last phone call in January 2004 to tell the Code Office that he did all the work and requested they go out to inspect the property, since no one called him back, he assumed the property complied. This is the procedure that Tamarac follows and they do not send out a notice that the property had complied. He thought Boynton Beach followed the same process. Mr. Blasie went out to the property on June 9, 2005 and discovered there were some items that needed to be corrected. After the respondent took care of these issues, he was able to file for a lien reduction. Mr. DeLiso felt that the respondent was trying to improve his property and was going to put a new roof on the house. He asked the respondent what he was looking for in a lien reduction. Mr. Woods pointed out he would only be receiving $10,000 from the refinance and after putting on a new roof of $8,000, he would not have much money left. Chairperson Costantino recommended assessing administrative costs of $730.15. Motion Based on the testimony and evidence presented in Case #03-2161, and having been advised that the Respondents have complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. DeLiso moved that this Board reduce the fines instituted in Case #03-2161, by virtue of this Board's Order of October 15, 2003, to an amount of $480.15, including Administrative Costs. Motion seconded by Ms. Carroll and unanimously carried. 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 20, 2005 Mr. Blasie explained the appeal process available to the respondent. Recess was declared at 9:19 p.m. The meeting reconvened at 9:29 p.m. Cases to be Heard Case #03-2123 Property Address: Violations: Ridgepoint Woods Assn, Inc. Ridgepoint Woods Ass. Inc. c/o MMI Carmen Stratos Pres. Ridgepoint Daniel Burden VP Ridgepoint 23 Ridgepoint Drive PT 3 LDR, Chapter 7.5-11, Section 5-B. Removal of 25 Ficus trees from common areas without obtaining a tree permit (Chapter 7.5 Art. I, Section 5.A). Site landscape plan not maintained as originally approved (Chapter 7.5, Article II-Section 5, K1) (Chapter 7.5 Article II, Section 5.B). See copy of "red tag" dated July 23, 2003 and contract Kevin Hallahan, Forester and Environmentalist Mr. Blasie, Code Administrator, presented the case. He reported he met with an attorney and a board member for Ridgepoint and the City's Forester. As a result, Mr. Blasie requested the case be tabled until November. Motion Mr. DeLiso Moved that Case No. 03-2123 be tabled until the Code Compliance Board Meeting to be held on November 16, 2005. Motion seconded by Ms. Carroll and unanimously carried. Case #05-190 Property Address: Violations: Joshua M. Dwork 154 Orange Drive Please make your pool clear - water in pool must be clear so as to visibly see the bottom at deepest point. Please rake and clean up overgrowth in front yard. Trim trees. Officer Laverdure presented the case and reported the property has complied. Motion Mr. DeLiso moved to dismiss Case #05-190. Motion seconded by Ms. Carroll and unanimously carried. 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 20, 2005 Case #05-1179 Property Address: Violations: Joseph & Gizelle St. Pierre 458 SW 2nd Avenue Code Sections Chapter 15 - Article IX-15- 120 (D) 1, Inc. Please de-weed rock area in your yard and swale. This must be kept weed free. Also, remove inoperable and unlicensed vehicles from your property. Officer Laverdure presented the case. The City recommended a compliance date of July 30,2005. Motion Based on testimony and evidence presented in Case #05-1179, Mr. DeLiso moved that this Board find that Joseph and Gizelle St. Pierre are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violation on or before July 30, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondents, and all 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 July 30, 2005. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this order. Motion seconded by Ms. Simshauser and unanimously carried. Case #05-1193 Property Address: Violations: Iris Matias 451 Ocean Avenue Code Sections Chapter 15 - Article IX-15- 120 (D) 1, Inc. Please remove from your property any inoperable or unlicensed vehicles. Officer Laverdure presented the case. The City recommended a compliance date of July 30,2005. Motion Based on testimony and evidence presented in Case #05-1193, Mr. DeLiso moved that this Board find that Iris Matias is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violation on or before July 30, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and all 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 July 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 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 20, 2005 verify compliance with this order. Motion seconded by Mr. Yerzy and unanimously carried. Case #05-1196 Property Address: Violations: Rafael A. Matos 220 NW 1st Avenue Code Sections Chapter 15 - Article IX-15- 120 (D) 1, Inc. Please repair driveway _ Remove vehicle from carport that is unlicensed and inoperable. Officer Laverdure presented the case. The City recommended a compliance date of July 30, 2005. Motion Based on testimony and evidence presented in Case #05-1196, Ms. Carroll moved that this Board find that Rafael A. Matsos 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 July 30, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and all previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus Administrative Costs, shall be imposed for each day the violation continues past July 30, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this order. Motion seconded by Mr. DeLiso and unanimously carried. Case #05-1237 Property Address: Violations: Massillon Esterlin 422 SW 6th Avenue Code Sections Chapter 15 - Article IX-15- 120 (D) 1, Inc. Please remove all unlicensed and inoperable vehicles from your property. Officer Laverdure presented the case. The City recommended a compliance date of July 30, 2005. Motion Based on testimony and evidence presented in Case #05-1237, Mr. DeLiso moved that this Board find that Massillon Esterlin is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violation on or before July 30,2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and all 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 July 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 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 20, 2005 property to verify compliance with this order. Motion seconded by Ms. Cook and unanimously carried. Case #05-1290 Property Address: Violations: Joseph Wesner & Felisca Kettia 138 SW 10th Avenue Code Sections Chapter 15 - Article IX-15- 120 (D) 1, Inc. Please remove unlicensed and inoperable vehicles from your property. Officer Laverdure presented the case. The City recommended a compliance date of July 30, 2005. Motion Based on testimony and evidence presented in Case #05-1290, Mr. DeLiso moved that this Board find that Joseph Wesner and Felisca Kettia are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violation on or before July 30, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondents, and all 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 July 30, 2005. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this order. Motion seconded by Ms. Cook and unanimously carried. Case #05-1316 Property Address: Violations: Gabrielle Alexis 420 SW 9th Avenue Code Sections Chapter 15 - Article IX-15- 120 (D) 1, Inc. and 10-3 B.B.C. of Ord. Please remove inoperable and unlicensed vehicles from your property. Also remove carport storage and all trash and debris that would cause a hurricane hazard. Officer Laverdure presented the case. The City recommended a compliance date of July 30, 2005. Motion Based on testimony and evidence presented in Case #05-1316, Ms. Carroll moved that this Board find that Gabrielle Alexis is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violation on or before July 30,2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and all previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 20, 2005 $50.00 per day, plus Administrative Costs, shall be imposed for each day the violation continues past July 30, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this order. Motion seconded by Ms. Simshauser and unanimously carried. Case #05-1320 Property Address: Violations: Evanette Cryisque 431 SW 9th Ave. Chapter 15, Article IX-15-120 (D) 1, Inc. and Chapter 20, Section 8 E-16. Please mow and de-weed both houses in yard. Also, please remove unlicensed and inoperable vehicles and install 4' house numbers on little house visible from the adjacent street. Officer Laverdure presented the case. The City recommended a compliance date of July 30, 2005. Motion Based on testimony and evidence presented in Case #05-1320, Ms. Carroll moved that this Board find that Evanette Cryisque is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violation on or before July 30,2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and all previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus Administrative Costs, shall be imposed for each day the violation continues past July 30, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this order. Motion seconded by Ms. Simshauser and unanimously carried. Case #05-112 Property Address: Violations: Victor B. and Joan Shahid 204 SE 2nd Avenue. Section 13-16 B.B.C. of Ord. and Chapter 15, Article IX-15-120 (D) 1, Inc. Every rental unit used for residential purposes in the City must be licensed. Storage of unlicensed and inoperable vehicles are not allowed on residential property. Remove all loose trash and debris in backyard. Also, install sod in yard. Officer Guillaume presented the case. The City recommended a compliance date of August 19, 2005. 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida Motion July 20, 2005 Based on testimony and evidence presented in Case #05-112, Mr. DeLiso moved that this Board find that Victor B. and Joan Shahid are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violation on or before August 19, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondents, and all previous violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $75.00 per day, plus Administrative Costs, shall be imposed for each day the violation continues past August 19, 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. Cook and unanimously carried. Case #05-988 Property Address: Violations: Helen K. Tullos 118 NW 4th Street Chapter 15, Article IX-15-120 (D) Inc. Please mow, de-weed, remove all loose trash and debris. Install sod in the dead areas of yard and swale. Officer Guillaume presented the case. The City recommended a compliance date of August 19, 2005. Motion Based on testimony and evidence presented in Case #05-988, Mr. DeLiso moved that this Board find that Helen K. Tullos is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violation on or before August 19, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and all 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 August 19, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this order. Motion seconded by Ms. Cook and unanimously carried. Case #05-929 Property Address: Violations: Imagination Homes of Parkland 621 Lake Street Section 20-6 and 10-2 B.B.C. of Ord. Vacant lot 621 Lake Street. Please mow and trim overgrown vacant lot. Also, remove boat from vacant property. Officer Lewis presented the case. The City recommended a compliance date of July 30, 005. 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida Motion July 20, 2005 Based on testimony and evidence presented in Case #05-929, Mr. DeLiso moved that this Board find that Imagination Homes of Parkland is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violation on or before July 30, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and all 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 July 30,2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this order. Motion seconded by Ms. Simshauser and unanimously carried. Case #05-881 Property Address: Violations: Rosa C. Sakir 670 South Road FBC '01 ED BBA 104.1.1 and Chapter 15, Article IX-15-120 (D), Inc. You need a permit to change your front roof and porch. Repair your fence. Remove all outside storage. Install grass in front where bare spots occur. Officer Melillo presented the case. The City recommended a compliance date of August 19, 2005. Motion Based on testimony and evidence presented in Case #05-881, Mr. DeLiso moved that this Board find that Rosa C. Sakir is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violation on or before August 19, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and all 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 August 19, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this order. Motion seconded by Ms. Simshauser and unanimously carried. Case #05-1312 Property Address: Violations: Edwin Goldberg 225 NE 9th Avenue Chapter 15, Article IX-15-120 (D) 1, Inc. Please remove outside storage from carport and mow grass, de-weed and trim your backyard. 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 20, 2005 Inspector Mellilo presented the case. The City recommended a compliance date of July 30,2005. Motion Based on testimony and evidence presented in Case #05-1312, Ms. Simshauser moved that this Board find that Edwin Goldberg is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violation on or before July 30,2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and all previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus Administrative Costs, shall be imposed for each day the violation continues past July 30, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this order. Motion seconded by Ms. Cook and unanimously carried. Case #05-1040 Property Address: Violations: James W. Gibbs 160 SE 27th Avenue Chapter 15, Article IX-15-120 (D) Inc. Sod bare spots in your swale. If you have shell rock in your swale, de-weed it and add more rock. If you have sod, de-weed it and sod all bare spots in swale and yard to comply with City code. Officer Pierre presented the case. The City recommended a compliance date of August 19,2005. Motion Based on testimony and evidence presented in Case #05-1040, Mr. DeLiso moved that this Board find that James W. Gibbs is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violation on or before August 19, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and all 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 19, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this order. Motion seconded by Ms. Carroll and unanimously carried. Case #05-1271 Property Address: Violations: Stanle~ & Doris Rothman NW 12 h Avenue Section 10-2 B.B.C. of Ord. Vacant lot west of address 535 NW 12th Avenue. Remove all 28 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 20, 2005 trash and debris. Also mow lot to comply with City codes. Officer Roy presented the case. The City recommended a compliance date of July 30, 2005. Motion Based on testimony and evidence presented in Case #05-1271, Mr. DeLiso moved that this Board find that Stanley and Doris Rothman are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violation on or before July 30, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondents, and all 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 July 30, 2005. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this order. Motion seconded by Ms. Carroll and unanimously carried. Case #05-1274 Property Address: Violations: Gennie Lue Rivers 515 NW 11th Avenue Section 10-2 B.B.C. of Ord. Mow and maintain property per City codes. Officer Roy presented the case. The City recommended a compliance date of July 30, 2005. Motion Based on testimony and evidence presented in Case #05-1274, Ms. Carroll moved that this Board find that Gennie Lue Rivers is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violation on or before July 30,2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and all previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus Administrative Costs, shall be imposed for each day the violation continues past July 30, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this order. Motion seconded by Ms. Simshauser and unanimously carried. Case #05-1275 Property Address: Violations: Evaughan Lane NW 11th Avenue Section 10-2 B.B.C. of Ord. Vacant lot west of 515 NW 11th Avenue. Mow and maintain lot per City codes. 29 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 20, 2005 Officer Roy presented the case. The City recommended a compliance date of July 30, 2005. Motion Based on testimony and evidence presented in Case #05-1275, Mr. DeLiso moved that this Board find that Evaughan Lane is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violation on or before July 30, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and all 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 July 30, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this order. Motion seconded by Ms. Carroll and unanimously carried. Case #05-915 Property Address: Violations: Wilfred E. & Ritta M. McKenzie 90 NW 27th Ct. Chapter 15, Article IX-15-120 (0) 1, Inc. and Chapter 20, Section 8 E-16. Please remove all loose trash. Sod areas in yard and swale void of grass. Place 4" house number on building visible from adjacent street. Officer Webb presented the case. The City recommended a compliance date of August 19, 2005. Motion Based on testimony and evidence presented in Case #05-915, Mr. DeLiso moved that this Board find that Wilfred E. and Ritta M. McKenzie are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violation on or before August 19, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondents, and all 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 August 19, 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 unanimously carried. Case #05-1087 Property Address: Violations: Mildred I. Jolley 3341 E. Atlantic Dr. Section 104.6.1 FBC 2001 Edition Permit #01-4845. Re-roof and BBA. three 30 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 20, 2005 windows need final inspection. See copy of "red tag" dated May 25,2005. Inspector Webb presented the case. The City recommended July 30, 2005 as the compliance date. Motion Based on testimony and evidence presented in Case #05-1087, Ms. Cook moved that this Board find that Mildred I. Jolley is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violation on or before July 30,2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and all 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 July 30, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this order. Motion seconded by Ms. Carroll and unanimously carried. Case #05-1093 Property Address: Violations: Pasha S. Wiliams (Williams) 116 S. Palm Drive Chapter 20, Section 8 E-16. Please place 4" house number on building visible from adjacent street. Inspector Webb presented the case. The recommended a compliance date of July 30, 2005. Motion Based on testimony and evidence presented in Case #05-1093, Ms. Cook moved that this Board find that Pasha S. Wiliams (Williams) is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violation on or before July 30, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and all previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus Administrative Costs, shall be imposed for each day the violation continues past July 30, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this order. Motion seconded by Ms. Carroll and unanimously carried. Case #05-1096 Property Address: Violations: Cypress Development Corp. 154 S. Palm Dr. Chapter 15, Article IX-15-120 (D) 1, Inc. and Chapter 20, Section 8 E-16. Please place 4" 31 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 20, 2005 house number on building visible from adjacent street. Also, trim hedges and bushes. Officer Webb presented the case. The City recommended a compliance date of July 30, 2005. Motion Based on testimony and evidence presented in Case #05-1096, Ms. Carroll moved that this Board find that Cypress Development Corp. is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violation on or before July 30, 2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and all 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 July 30, 2005. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this order. Motion seconded by Ms. Simshauser and unanimously carried. Case #05-1331 Property Address: Violations: Ida Robinson 3150 Ocean Parkway Chapter 20, Section 8 E-16 and Section 13- 16 B.B.C. of Ord. Please remove all trash and debris. Please place 4" house numbers on building that can be visible from the adjacent street. Also remove inoperable and unlicensed vehicle from property and an occupational license is required for a rental property. Officer Webb presented the case. The City recommended a compliance date of July 30, 2005. Motion Based on testimony and evidence presented in Case #05-1331, Mr. DeLiso moved that this Board find that Ida Robinson is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violation on or before July 30,2005. The Board has considered the gravity of the violation, the actions taken by the Respondent, and all 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 July 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 32 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 20, 2005 verify compliance with this order. Motion seconded by Ms. Cook and unanimously carried. VI. Old Business Lien Penalty Certifications Case #05-512 Richardo F. Marchensini 916 S. Seacrest Blvd. Officer Roy recommended that Case #05-512 be certified at $25 per day. Motion Based on the testimony and evidence presented in Case #05-512, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated May 18, 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 upon this certification of fine. Motion seconded by Ms. Simshauser and unanimously carried. Officer Roy recommended that the following cases be certified as $50 per day: Case #05-598 David Edery SW 3rd Street Motion Based on the testimony and evidence presented in Case #05-598, Ms. Simshauser moved that this Board find that the Respondent has not complied with this Board's Order dated May 18, 2005, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $50 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. Simshauser and unanimously carried. Case #05-772 Burt B. & Anita M. Knowles 401 NW 16th Ave. Motion Based on the testimony and evidence presented in Case #05-772, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated May 18, 2005, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $50 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. Cook and unanimously carried. 33 Meeting Minutes Code Compliance Board Boynton Beach, Florida Case #05-952 Trescia M. Green & Steven B. Latson July 20, 2005 807 NE 2nd Ct. Motion Based on the testimony and evidence presented in Case #05-952, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated June 15, 2005, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $50 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. Cook and unanimously carried. Case #05-838 Nalbert L. Hyman 504 NW 2nd St. Motion Based on the testimony and evidence presented in Case #05-838, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated June 15, 2005, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $50 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. Cook and unanimously carried. Officer Roy recommended that the following case be certified at $100 per day: Case #05-363 Sandra E. Puerta 409 NE 10th Ave. Motion Based on the testimony and evidence presented in Case #05-363, Ms. Cook moved that this Board find that the Respondent has not complied with this Board's Order dated May 18, 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 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 Mr. DeLiso and unanimously carried. Officer Roy recommended that the following case be certified at $150 per day. Case #04-2824 Sunshine Homes & Apartment, Inc. 3150 Orange St. Motion Based on the testimony and evidence presented in Case #04-2824, Ms. Cook 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 violations, the actions taken by 34 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 20, 2005 the Respondent, that this Board impose and certify a fine in the amount of $150 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. Simshauser and unanimously carried. Officer Roy announced that the following case has been removed: Case #04-2797 James R. & Kathleen Montgomery 411 SE 20th Ct. Motion Ms. Carroll moved that Case #04-2797 be removed. Motion seconded by Mr. Yerzy and unanimously carried. Officer Roy announced that the following cases have complied with no fine: Page 41 (Case #05-286) Page 56 (Case #04-2899) Page 52 (Case #05-571) Page 54 (Case #05-791) Page 65 (Case #05-327) Page 66 (Case #05-328) Page 47 (Case #05-599) Page 55 (Case #05-865) Page 62 (Case #05-667) Page 57 (Case #05-188) Case #05-286 Amarante Estime 2720 NW 1 st Street Motion Based on the testimony and evidence presented in Case #05-286, Ms. Carroll moved that this Board find that the Respondent, Amarante Estime, was in violation of the City of Boynton Beach Code Sections as cited, subsequent to the date of compliance specified in this Board's Order of April 20, 2005, and in consideration of the gravity of the violations, the actions taken by the Respondent to remedy the violations and previous violations of the Respondent, that this Board impose and certify no fine or administrative costs. Motion seconded by Ms. Simshauser and unanimously carried. Case #04-2899 Terrence W. Brabham 652 South Road Motion Based on the testimony and evidence presented in Case #04-2899, Ms. Carroll moved that this Board find that the Respondent, Terrence W. Brabham, was in violation of the City of Boynton Beach Code Sections as cited, subsequent to the date of compliance specified in this Board's Order of May 18, 2005, and in consideration of the gravity of 35 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 20, 2005 the violations, the actions taken by the Respondent to remedy the violations and previous violations of the Respondent, that this Board impose and certify no fine or administrative costs. Motion seconded by Ms. Simshauser and unanimously carried. Case #05-571 Venetrice A. Jackson 1634 NE 2nd Ct. Motion Based on the testimony and evidence presented in Case #05-571, Ms. Carroll moved that this Board find that the Respondent, Venetrice A. Jackson, was in violation of the City of Boynton Beach Code Sections as cited, subsequent to the date of compliance specified in this Board's Order of May 18, 2005, and in consideration of the gravity of the violations, the actions taken by the Respondent to remedy the violations and previous violations of the Respondent, that this Board impose and certify no fine or administrative costs. Motion seconded by Ms. Simshauser and unanimously carried. Case #05-791 Joseph Derose 1626 N E 1 at Street Motion Based on the testimony and evidence presented in Case #05-791, Ms. Carroll moved that this Board find that the Respondent, Joseph Derose, was in violation of the City of Boynton Beach Code Sections as cited, subsequent to the date of compliance specified in this Board's Order of May 18, 2005, and in consideration of the gravity of the violations, the actions taken by the Respondent to remedy the violations and previous violations of the Respondent, that this Board impose and certify no fine or administrative costs. Motion seconded by Ms. Simshauser and unanimously carried. Case #05-327 Terry Bryant 301 Ocean Pkwy Motion Based on the testimony and evidence presented in Case #05-327, Ms. Carroll moved that this Board find that the Respondent, Terry Bryant, was in violation of the City of Boynton Beach Code Sections as cited, subsequent to the date of compliance specified in this Board's Order of May 18, 2005, and in consideration of the gravity of the violations, the actions taken by the Respondent to remedy the violations and previous violations of the Respondent, that this Board impose and certify no fine or administrative costs. Motion seconded by Ms. Simshauser and unanimously carried. Case #05-328 Paul J. Remy & Martha Albert 171 Ocean Pkwy Motion Based on the testimony and evidence presented in Case #05-328, Ms. Carroll moved that this Board find that the Respondents, Paul J. Remy and Martha Albert, were in violation of the City of Boynton Beach Code Sections as cited, subsequent to the date of 36 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 20, 2005 compliance specified in this Board's Order of May 18, 2005, and in consideration of the gravity of the violations, the actions taken by the Respondents to remedy the violations and previous violations of the Respondents, that this Board impose and certify no fine or administrative costs. Motion seconded by Ms. Simshauser and unanimously carried. Case #05-599 David Edery 215 SW 3rd Street Motion Based on the testimony and evidence presented in Case #05-599, Ms. Carroll moved that this Board find that the Respondent, David Edery, was in violation of the City of Boynton Beach Code Sections as cited, subsequent to the date of compliance specified in this Board's Order of May 18, 2005, and in consideration of the gravity of the violations, the actions taken by the Respondent to remedy the violations and previous violations of the Respondent, that this Board impose and certify no fine or administrative costs. Motion seconded by Ms. Simshauser and unanimously carried. Case #05-865 Felicita & Jose L. Mass 2205 NE 4th Ct. Motion Based on the testimony and evidence presented in Case #05-865, Ms. Carroll moved that this Board find that the Respondents, Felicita and Jose L. Mass, were in violation of the City of Boynton Beach Code Sections as cited, subsequent to the date of compliance specified in this Board's Order of June 15, 2005, and in consideration of the gravity of the violations, the actions taken by the Respondents to remedy the violations and previous violations of the Respondents, that this Board impose and certify no fine or administrative costs. Motion seconded by Ms. Simshauser and unanimously carried. Case #05-667 Dumontois, Elioths & Irena Charles 2170 S. Seacrest Blvd. Motion Based on the testimony and evidence presented in Case #05-667, Ms. Carroll moved that this Board find that the Respondents, Dumontois, Elioths and Irena Charles, were in violation of the City of Boynton Beach Code Sections as cited, subsequent to the date of compliance specified in this Board's Order of May 18, 2005, and in consideration of the gravity of the violations, the actions taken by the Respondents to remedy the violations and previous violations of the Respondents, that this Board impose and certify no fine or administrative costs. Motion seconded by Ms. Simshauser and unanimously carried. 37 Meeting Minutes Code Compliance Board Boynton Beach, Florida Case #05-188 B&G LLC July 20, 2005 317 NE 10th Ave. Motion Based on the testimony and evidence presented in Case #05-188, Ms. Carroll moved that this Board find that the Respondent, B&G LLC, was in violation of the City of Boynton Beach Code Sections as cited, subsequent to the date of compliance specified in this Board's Order of May 18, 2005, and in consideration of the gravity of the violations, the actions taken by the Respondent to remedy the violations and previous violations of the Respondent, that this Board impose and certify no fine or administrative costs. Motion seconded by Ms. Simshauser and unanimously carried. Officer Roy recommended Case #05-677 on Page 49 be tabled to the September 21 , 2005 Meeting. Case #05-677 RGRS, Inc. 2991 W. Boynton Beach Blvd. Motion Ms. Carroll moved that Case #05-677 be tabled until the Code Compliance Board Meeting to be held on September 21, 2005. Motion seconded by Mr. DeLiso and unanimously carried. VIII Adjournment There being no further business, the meeting properly adjourned at 9:50 p.m. Respectfully submitted, II "~~14-- Ik . /U t'-i.l~ Barbara M. Madden Recording Secretary (July 21, 2005) 38