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Minutes 08-16-00MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN CONFERENCE ROOM C, WEST WING CITY HALL BOYNTON BEACH, FLORIDA ON WEDNESDAY, AUGUST 16, 2000 at 7:00 P.M. PRESENT Christopher DeLiso, Chair Patti Hammer, Vice Chair Robert Foot Dick Lambert James Miriana Enrico Rossi Sarah Williams Thomas Walsh, Alternate Dee Zibeili, Alternate Nicholas Igwe, Assistant City Attorney Scott Blasie, Code Compliance Administrator Inspectors: Courtney Cain Luney Guillaume Skip Lewis Mike Melillo Pete Roy Sunny Surajbally Vestiguerne Pierre Willie Webb I. CALL TO ORDER Chairman DeLiso called the meeting to order at 7:05 p.m. I1. APPROVAL OF MINUTES OF JULY '19, 2000 MEETING Chairman DeLiso called for a motion to approve the minutes of the July 19, 2000 meeting. Motion. Vice Chair Hammer moved to approve the minutes of the July 19, 2000 meeting. Motion seconded by Ms. Williams, which unanimously carried. III. APPROVAL OF AGENDA Mr. Foot requested that an item be added to the Agenda under "New Business" to determine the status of a workshop with this Board and the City Commission. Chairman DeLiso asked Mr. Blasie if he had any additions or deletions to the Agenda. Mr. Blasie stated that the following changes should be made to the agenda: Meeting Minutes · Code Compliance Board Boynton Beach, Florida August 16, 2000 A. Page B. Page C. Page D. Page E. Page F. Page G. Page 21 (Case 00-1378), Theolus Bosse & Lisson Smith (removed) 25 (Case 00-1595), Mondell & Associates, Inc. (removed) 28 (Case 00-1322), Boynton Associates, Ltd. (complied) 31 (Case 00-1536) Artistic Accents, Inc. (complied) 32 (Case 00-1539) Gail Jensen & Ronald Ellis (complied) 35 (Case 00-1223) Michael & Stacey Morakis (removed) 59 (Case 97-4210) Jon& Leslie Schmitt (removed) Chairman DeLiso called for a motion to accept the Agenda, as amended. Motion Mr. Lambert moved that the Agenda, as amended, be approved. seconded by Vice Chair Hammer, which carried unanimously. Motion IV. SWEARING IN OF WITNESSES AND INTRODUCTION Chairman DeLiso requested that Mr. Blasie call the roll. Mr. Blasie asked all persons who were present to state they were "here" when their name was called. People in attendance will have their cases heard first. V. NEW BUSINESS Chairman DeLiso stated that this Board has a plea system in place and when taking the podium a person should state their name and address for the record. A person can plead "no contest" if he feels that a violation does exist on the property, but you need more time for compliance, the Board usually grants the requested time. Once the property complies, you do not need to reappear before this Board. However, if you feel that a violation does not exist on your property, you can plead "not guilty". In that instance, the City will put on their case and you will put on your case. The Board will then make a determination if in fact a violation does exist on the property. If a violation does exist, you will be given a reasonable amount of time to bring the property into compliance. However, if the property does not comply within the requested time, you would have to reappear before the Board for a fine certification. If the Board feels that no violation exists on the property, the case will be dismissed. Chairman DeLiso requested that the Recording Secretary administer the oath to all persons who would be testifying this evening. 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2000 A. CASES TO BE HEARD Mr. Blasie pointed out that Phoenix Real Estate Investment Group, Inc. has five cases on the agenda. This resulted because staff had access to different parts of the property at various times. The cases actually involve only two pieces of property. Mr. Blasie requested to combine the case on Page 2 (00-1108) with the cases on Page 4 (00-1153), Page 5 (00-1154) and Page 6 (00-1164). These four separate cases involving the same piece of property (817 N. Federal St.) will be heard as one case to be known ~as Case 00-1164 (Page 6) and will be heard as the second case. Motion Mr. Lambert moved that the above cases be combined into one case under Case 00-116~ on Page 6. Motion duly seconded and unanimously carried. Chairman DeLiso welcomed new Board member, Ms. Dee Zibelli, who is a former iCity Commissioner. Case No. 00-1109: Pro perty Address: Violations: Phoenix Real Estate Investment Group, Inc. 907 N. Federal Highway (See attached list) Mr. Blasie explained that the City has a Multi-task Code Enforcement Team called "CERT" for the purpose of doing more code enforcement which arises as a result of a neighborhood or Commissioner complaints, or because it is in a troubled area of the City. It has been effective and is comprised of the following City Departments and Officials: Fire Department, Utility Department, Planning & Zoning Department, Occupational Licensing, Building Official, Building Division and Code Compliance. The CERT Team has been concentrating on Federal Highway. :What the team is working towards is compliance. Mr. Blasie introduced the members of the CERT Team that were present: Don Johnson, Building Official; Assistant Fire Marshal Bob Borden; Mark Bobich of the Utility Department; Jim Burt, Utility Department; Jos6 Alfaro, Planning & Zoning; and Peter McCray, Occupational License Inspector. Mr. Blasie stated that the property being cited is known as Joe's Deli, which is a two-stOry building, formerly known as Leider Marine. The property owner of record is Phoenix Real Estate Investment Group, Inc., 31 West Commercial Boulevard, Ft. Lauderdale, Florida. The case was originally cited on May 3, 2000. 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2000 A total of 29 violations were found on the site. There were 11 building violations; 3 environmental; 5 fire; 4 licensing; 3 site; and 3 zoning, as set forth on the attached list. The case is being presented tonight because the team has not received any response relating to the application, review and issuance of building permit items. The owner of the property submitted an application on June 8th , which is in review in order to address some of the building permit issues. There is another application in review for a wooden deck on the exterior of the building. The second floor is being used as a residential occupancy and the ground floor is being used as a delicatessen, restaurant and lounge. Mr. Rossi asked if the City was taking exception to any of the uses and Mr, Blasie said the City is taking exception to the residential use on the second floor, which is a prohibited use. Staff is still reviewing the other uses. The respondent has obtained his occupational license for a restaurant and lounge. The place is licensed for 26 seats and has exceeded the seating by a substantial amount. There was considerable construction done on the premises without permits and inspections including bathrooms. When the team was on the premises, they were open for business, but the bathrooms were under construction. Chairman DeLiso inquired what this had to do with the tattoo parlor and was informed that a tenant of the respondent had wanted to open a tattoo parlor. However, they are no longer on the property and have moved. Mr. Blasie stated this pertains to the respondent's other property and will be addressed later. Mr. Matthew Jacomino took the podium and stated he is the President and owner of Phoenix Real Estate Group and the owner and operator of Joe's Deli. Mr. Jacomino stated that the address of Phoenix Real Estate is not the Ft. Lauderdale address. It is located at 907 N. Federal Highway, Boynton Beach. The respondent stated he purchased the property two years ago and it was in deplorable condition. He has performed a great deal of work on the property. The respondent stated that he did not put the bathrooms in without a permit. Chairman DeLiso asked the respondent to enter his plea. Chairman DeLiso read all the violations on the property. Mr. Blasie corrected himself and said that the respondent did obtain permits for the bathroom, but they hadn't been signed off. Also, there were more violations than those contained in the agenda (refer to attached list). Staff would like to know when the respondent intends to complete the work for which he was cited. 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2000 The respondent said that he has different pleas for various violations. He stated that a number of violations have been fixed with the exception of those that required the service of an architect and his architect was present with him. Attorney Igwe asked the respondent if he was contesting some of the charges? Discussion ensued on what plea should be entered. The respondent did state that he could complete the work within 90 days. The respondent stated that he was cited for landscaping and parking areas and was unsure of this violation and asked if he was being required to build a parking lot? He stated he was not in a financial position to do this now, but could have it completed in 90 days. The respondent stated he is living on the second floor to protect his property and that when he first purchased the property there were a great deal of break-ins. The respondent noted when he purchased the property, people had been living upstairs for 25 years. Attorney Igwe said it was obvious that the respondent is in dispute with some of the charges and should enter a plea of not guilty. The respondent pled not guilty. Attorney Igwe stated that the only issues that needed to be discussed were the issues that the respondent disputed, which were the living quarters, the landscaping and parking issues. To clarify the pleadings, Chairman DeLiso stated that the respondent was pleading no contest to everything except the three violations mentioned in the previous paragraph. Further, the respondent requested 90 days to correct the violations. The role of the Board was to determine if the respondent was in violation of the living quarters and the appearance code for the landscaping and parking area. Further, Chairman DeLiso noted that the Board members were not furnished with the list of the violations and Mr. Blasie stated he did not furnish the list because he was trying to avoid more confusion. Chairman DeLiso requested that next time they be furnished with this information. Mr. Jos6 Alfaro, of the City's Planning and Zoning Department took the podium and said he was in charge of zoning issues. 1) The property is zoned C-4 which prohibits any residential use. Therefore, the second floor as a residential use is not a permitted use in a C-4 Zoning District. 2) Joe's Deli and Piano Bar has 84 seats that he personally counted. Eight-four seats requires 33.6 parking spaces which is a ratio of one parking space for each 2¼ seats, plus two parking spaces for the residential use, although it is illegal, for a total of 35.6 parking spaces. 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2000 3) The question of grandfathering arose and Mr. Alfaro stated this would not apply once the property changed owners, plus the use is illegal. Mr. Lambert inquired what the original use of the second floor was permitted for, and whether there are any original plans on file in the Building Department? Mr. Don Johnson, Building Official for the City took the podium and stated from the Building Department's standpoint the only issues they have are some code violations. Leider Marine was a mercantile occupancy and they were the last legally permitted occupancy. Mr. Johnson read the definition of a mercantile occupancy to the Board members. If the current owner had over 100 people, it would be classified as an assembly occupancy. However, the current owner falls under a business occupancy because he has less than 100 people and is classified as a Group B, the definition of which Mr. Johnson also read. Mr. Johnson raised the following points: · The building was legally licensed as a mercantile occupancy previously until the new owner occupied the building. · The new owner has now changed the occupancy, and when the occupancy changes all the Codes apply. Mr. Johnson read Chapter 34, Existing Buildings, Change of Occupancy that is applicable to this case. He pointed out that the Team has to do a very comprehensive review of all the businesses along Federal Highway. Mr. Johnson confirmed that the respondent made an application for a permit and his comments were picked up on July 17, 2000. Tomorrow will be 30 days and the Building Department has not seen anything come in. Mr. Johnson pointed out that the deck comments were picked up on February 24, 2000 and nothing has come back on that as well. Mr. Miriana asked if there was room for 35 parking spaces and Mr. Alfaro pointed out that the Planning and Zoning Department has not received any drawings or site plan, so staff is not sure on this. Mr. Alfaro said he did count 37 spaces, but was not sure if they were all parking spaces, because the parking spaces in the rear might not be in compliance. To bring the parking lot into full compliance, it needs to be restriped, paved, lighted and landscaped. Mr. Walsh stated that all the violations should be recited by each member of the CERT team and then the respondent should be given an opportunity to plead on each violation and to request a time period for compliance. 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida August16,2000 Mr. Johnson feels that the respondent needs 120 days to meet compliance and if the rest of the Team concurs, he would be agreeable to this. Mr. Foot asked about the hurricane debris and since it is hurricane season he would like the trash and debris removed as soon as possible. Mr. Johnson suggested the compliance time could be broken down. Inspector Webb stated that normally a respondent would be given 10 days to remove hurricane debds. Mr. Blasie distributed to the members and for the record a copy of each Team member's comments. David Beasely, 107 Yacht Club Way, Apt. 305, Lantana assumed the podium and stated he was doing the architectural work for the respondent. Mr. E~easely pointed out that the respondent has been working on a great many of the smaller things that need to be done. The applications for a permit have been filed. Mr. Beasely stated that the deck would probably require additional work in order to comply. He also pointed out that with regard to the living quarters, there is the possibility of filing for a variance and he will look into this further. With regard to the parking lot, paving, drainage, lighting, and landscaping cannot be addressed until there is a determined number of seats. He also pointed out that the services of a design engineer would be necessary to calculate all of this. With regard to these items, 90 days is not enough time to get all this done and Chairman DeLiso asked how much time was needed. Mr. Beasely stated that six months would probably be needed for these two items and requested that the respondent be given six months for all the violations. Mr. Blasie stated that the hurricane hazards need to be dealt with right away. Mr. Johnson pointed out that the respondent does not have an occupational license for the business as it is currently being run and the bathrooms that have been added have not be signed off. Ms. Williams inquired what part of the business is licensed? Mr. Peter Johnson from the Occupational License Department took the podium and stated the respondent has an existing license for the deli to operate with the seating capacity of 26 seats and he has exceeded that by 58 seats. Therefore, he is in violation of his occupational license. Mr. Blasie stated that the respondent is licensed as a restaurant, lounge and deli for 26 seats. The respondent stated that the excess seats were removed the day after he received the violation. The respondent pointed out that the new bathrooms he put in were in addition to the two existing bathrooms when he received his original permit. He further stated that the two new bathrooms are complete and have been inspected. He is waiting for a final. 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2000 / Mrl Foot said he would like to see 0 days on the occupancy issue because of the sal~ety issues, 10 days for hurricane hazards, 120 days for all other violations and 180 days for the parking lot and zoning variance. Mr~ Lambert said he was prepared to make a motion with those time constraints. Mr. Alfaro suggested in allowing the respondent 180 days for everything and that the respondent should apply for a pre-application meeting with the Planning and Zoning Department to go over all of the issues. The residential use could also be brought out at the same time. Mr. Alfaro pointed out that the participants at a pre-application hearing would include the applicant and a member from the Building Department, the Engineering Department and the Planning & Zoning Division. Attorney Igwe stated it could be handled by stating the violations, not the sections numbers, and that the list of the violations is being included as part of the minutes. Motion BaSed on the testimony and evidence presented in Case No. 00-1109, Mr. Lambert moved that this Board find, as a matter of fact, and as a cop. clusion of law that Phoenix Real .Estate Investment Group, Inc. is in violation of Code Sections - (4)1 the living quarters, parking lot and landscaping must comply within one hundred eighty (180) days, or February 19, 2001; Ten (10) days for the occupational license, or August 28, 2000; Hurricane hazards ten (10) days, or August 28, 2000; and One Hundred twenty (120) days for all other violations, or December 18, 2000 (See liSt attached for applicable code sections) of the City Code of OrU. inances. Mr. Lambert mOved to order that the Respondent correct the viqlations as stated above. If the Respondent does not comply with this Order, a fine in the amount of $100 per day, plus adminiStrative costs, shall be~impOsed. The Respondent is further ordered to contact the CitY of Boynton Beach Code cOmpliance DiVision to arrange for reinspection of the proPertY to verify compliance with this Order. MOtiOn secOnded by Ms. Wi¸ Mr BI [liams. Foot inquired if the fine would apply to each individual violation and Mr. sie responded that the $100 fine is applicable to the entire case. 8 Meeting Minutes .... Code Compliance Board Boynton Beach, Florida August 16, 2000 Motion carried 7-0. Mr. Blasie noted that pages 2, 4, 5 and 6 have been combined into one case (Case No. 00-1164)and entered a list of the violations into the record, which have been attached to and made a part of the minutes. Case No. 00-1164: Property Address: Violations: Phoenix Real Estate Investment Group, Inc. 817 N. Federal Highway (See attached list) Mr. Blasie pointed out that this property had been previously Ed's Garden Center and the respondent has subdivided the garden center into separate bays. There was a Haitian food market on the premises that did not have a license and has since left. The tattoo pador and Poole's Auto Detailing has also left. The produce market at the end of the building is a legal use and still remains on the property. Mr. Blasie stated that most of the violations are site related and trash and debris. The violations in the bays involved the construction of the walls, which became building code and fire code related. Mr. Blasie also suggested that if the respondent wished to utilize the space, he should go through the same type of pre-application hearing, which was suggested in the previous case. Currently, there is nothing illegal occupying the building. Staff is recommending 90 days for compliance. Attorney Igwe asked what the respondent was pleading in this case and the respondent said he has not seen the list of violations and Mr. Blasie furnished it to him to review. Mr. Beasely stated that the respondent is pleading no contest and requested 90 days. Mr. Foot raised the question of safety hazards and asked if all the safety hazards have been corrected. Mr. Johnson said he could not state if they have been corrected because he has not gone back to the property. Mr. Lambert pointed out that currently the building is not being occupied. Chairman DeLiso requested Assistant Fire Marshal Borden to answer this question and he replied that he has not been back to the property to determine this. Chairman DeLiso asked Assistant Fire Marshal Borden if he had a problem with ,90 days and he stated he did not. Mr, Johnson said he did not have a problem with 90 days as long as the property remains unoccupied and that the vegetable stand at the south end of the property was an open-air market. 9 Meeting Minutes ~ Code Compliance Board Boynton Beach, Florida August 16, 2000 Ms. Williams asked if they had an occupational license and Mr. Blasie stated that they did, which is a legal use. Mr. Blasie said that he did notice some open wires hanging from the ceiling, which could be fixed quickly, and Mr. Beasely confirmed that they would be fixed tomorrow. Motion Based on the testimony and evidence presented in Case No. 00-1164, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Phoenix Real Estate Investment Group, Inc. is in violation of the Code Sections of the City Ordinances as submitted and attached to the minutes. Mr. Lambert moved to order that the Respondent correct the violations as follows: (2) The wiring violations on or before August 28, 2000; and The remaining violations by November 13, 2000 If the Respondent does not comply with this Order, a fine in the amount of $100 per day, plus administrative costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with thiS Order. Motion seconded by Vice Chair Hammer. Motion carried 7-0. Case #00-1547 Property Address: Violations: Randy & Brenda L. Black 515 NW 2nd Street SBC '94 ED 104.6.1 and 105.6, See copy of red tag dated June 12, 2000 Inspector Roy stated the case was originally cited on June 28, 2000 for a roof completed without inspections. Service was accomplished by certified mail and the City recommends 10 days. Mr. Randy Black, 515 NW 2nd Street, Boynton Beach was uncertain how to plead because he stated when he received the violation, he telephoned the City's Building Department and was told to contact the roofer. He did contact the roofer, but he never called for the final inspection. The respondent was informed that he could also call for the final inspection because he is the homeowner and was not given correct information. Motion Based on the testimony and evidence presented in Case No. 00-1547, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2000 law that Randy and Brenda L. Black are in violation of Code Sections SBC '95 ED 104.6.1 and 105.6 of the City Code of Ordinances. Ms. Williams moved to order that the Respondents correct the violations on or before September 18, 2000. 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. The Respondents are further ordered-to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order.. Motion seconded by Mr. Lambert and carried 7-0. Case #00-0957 Property Address: Violations: Scoff Derrin 622 South Road Chapter 15, Article IX-15-120 (D), Inc.; Please de-weed your rock driveway on west side of property. Inspector Melillo stated that the property was originally cited on April 25, 2000 through routine inspection of the neighborhood. Service was made by certified mail. Scott Derrin, P.O. Box 347, Palm Beach, Florida 33480 took the podium and stated that his tenant is supposed to maintain the property. He said he would need 30 days for compliance and pled no contest. Motion Based on the testimony and evidence presented in Case No..00-0957, Ms. Williams moved that.this Board find, as a matter of fact, and as a conclusion of law that Scott Derrin is in violation of Code Sections Chapter 15, Article IX-15- 120 (D) 1, Inc. of the City Code of Ordinances. Ms. Williams moved to order that the Respondent correct the violations on or before September 18, 2000. 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. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Lambert and carried 7-0. Case #00-1611 Property Address: Violations: Scott Derrin 202 W. Boynton Beach Boulevard Chapter 15, Article IX-15-120 (D), Inc.; Please mow and de-weed all yard areas; sod needs to be planted in all dead areas visible from the street to obtain a uniform green appearance. Inspector Lewis stated the property was originally cited on July 5, 2000. 11 Meeting Minutes -_/ Code Compliance Board Boynton Beach, Florida August 16, 2000 Mr. Scott Derrin, P.O. Box 347, Palm Beach, Florida pled no contest and requested 90 days because an application for approval to build a McDonald's Restaurant on the site is going through City process. He requested this amount of time because he should know within 90 days if approval would be granted. Mr. Derdn requested he not be required to plant new lawn because the building would be torn down and a new one built. Inspector Lewis presented photos of the property to the Board to review. Chairman DeLiso asked if the City would agree to 90 days and Inspector Lewis stated the property was on Boynton Beach Boulevard and was very visible. Mr. Foot requested the respondent only be given 30 days. Motion Based on the testimony and evidence presented in Case No. 00-1611, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law that Scott Derrin is in violation of Code Sections Chapter 15, Article IX-15- 120 (D) 1, Inc. of the City Code of Ordinances. Ms. Williams moved to order that the Respondent correct the violations on or before November 13, 2000. 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. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Hammer. Motion carried 4-3 (Messrs. Foot, Miriana, and Mr. Rossi dissenting) Case #00-0960 Pro perty Address: Violations: Kirk & Sheila L. Orlovsky 401 S. Seacrest Blvd. Chapter 15, Article IX-15-120 (D), Inc.; Repair potholes in driveway. Inspector Lewis stated the property was originally cited on April 25, 2000. Mr. Kirk Orlovsky, 401 S. Seacrest Blvd, Boynton Beach took the podium and pled no contest and requested 30 days. Motion Based on the testimony and evidence presented in Case No. 00-0960, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law that Kirk and Sheila L. Orlovsky are in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc. of the City Code of Ordinances. Ms. Williams moved 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2000 to order that the Respondents correct the violations on or before September 18, 2000. 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. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana. Motion carded 7-0. Case #00-1415 Property Address: Violations: Linda Murphy Torres 101 NE 27t Avenue Chapter 15, Article IX-15-120 (D), 1.G; Lawns which have died from lack of water or other causes shall be sodded; Please install sod in dead areas of yard to achieve a uniform green appearance. Inspector Guillaume stated the property was cited on June 7, 2000 through routine inspection and service was made by certified mail. Mr. Edwin Escobar, 5406 Blueberry Hill Avenue, Lake Worth, Florida took the podium and pled no contest. Mr. Escobar said they have been planting grass on their properties, but that the tenants have not been taking care of the grass. Inspector Guillaume stated that the respondent was a repeat offender and had three more cases on tonight's agenda. Mr. Escobar requested 30 days for compliance. Motion Based on the testimony and evidence presented in Case No. 00-1415, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law that Linda Murphy Torres is in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1.G of the City Code of Ordinances. Ms. Williams moved to order that the Respondent correct the violations on or before September 18, 2000. 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. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Lambert. Motion carried 7-0. Chairman DeLiso said that the fine should be increased due to the fact that this is a repeat violator. 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2000 Ms. Williams amended her motion to increase the amount of the fine to $50.00 per day. Mr. Lambert second the amended motion. Motion carried 7-0. Case #00-1459 Property Address: Violations: Linda Murphy Torres 2741 NW 2nd Street Chapter 15, Article IX-15-120 (D) 1, Inc.; Please mow south side of the property; also, install sod in dead areas of yard to achieve a uniform green appearance. Inspector Guillaume stated the property was cited on June 12, 2000 through routine inspection and service was accomplished by certified mail. Mr. Escobar remained at the podium and pled no contest. Motion Based on the testimony and evidence presented in Case No. 00-1459, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law that Linda Murphy Torres is in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc. of the City Code of Ordinances. Ms. Williams moved to order that the Respondent correct the violations on or before September 18, 2000. 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. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. Motion carried 7-0. Case #00-1471 Property Address: Violations: Raymond & Linda Torres 2760 NE 4th Street Chapter 15, Article IX-15-120 (D), 1, Inc., Chapter 13-16 B.B.C. of Ord., please remove stove in carport; also install sod in yard and swale; occupational license is required to rent house. Inspector Guillaume stated the stove has been removed. Mr. Escobar pled no contest and requested 30 days. 14 Meeting Minutes ~- Code Compliance Board Boynton Beach, Florida August 16, 2000 Motion Based on the testimony and evidence presented in Case No. 00-1471, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Linda Murphy Torres is in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc. and 13-16 of the B.B.C. of Ordinances. Mr. Lambert moved to order that the Respondent correct the violation of Section 13-16 by August 28, 2000 and with regard to Chapter 15, Article IX-15-120 (D) 1, Inc. on or before September 18, 2000. 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. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. Motion carried 7-0. (Motion amended -see Page 17) Case #00-1361 Property Address: Violations: Raymond Torres 110 NW 6th Avenue Chapter 15, Article Inc.; Sod all bare remove all loose stumps that can Seacrest Blvd. IX-15-120 (D), 1, areas in yard; trash and tree be seen from N. Inspector Webb stated the property was originally cited on May 31, 2000 through routine neighborhood inspection. Service was made by certified mail and staff recommends 30 days. Mr. Escobar~remained at the podium and pled no contest and asked for extra time to remove the tree stump. Motion Based on the testimony and evidence presented in Case No. 00-1361, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Raymond Torres is in violation of Code Sections Chapter 15, Article IX- 15-120 (D) 1, Inc. of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before September 18, 2000. 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. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. Motion carried 7-0. 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2000 Case #00-1420 Pro perty Address: Violations: Raymond & Linda Torres 239 NE 13th Avenue Chapter 15, Article IX-15-120 (D) I.D, 120 (D) I.H and 13-16 and 15-16 of-the B.B.C. of Ord.; Sod all dead areas in front, side, rear property; remove or keep bush trimmed within fence; house number required at this address; occupational license is required for rental. Inspector Webb stated the property was originally cited on June 8, 2000 through routine neighborhood inspection. Service was obtained by certified mail. Mr. Escobar pled no contest. Mr. Escobar agreed to the 10 days for the occupational license and asked for 60 days for the remaining violations. Inspector Cain pointed out that the yard must comply in order to obtain an occupational license. Motion Based on the testimony and evidence presented in Case No. 00-1420, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Raymond and Linda Torres are in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1.D, 120 (D)-1.H, 13-16 and 15-16 of the B.B.C. of Ordinances. Mr. Lambert moved to order that the Respondents correct the violations on or before September 18, 2000. 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. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. Motion carried 6-1 (Vice Chair Hammer dissenting). Mr. Lambert said that the Board would have to amend its previous motion on the occupational license and that the grass must comply in order to obtain their occupational license. This was case No. 00-1471 (page 24). Motion Mr. Foot moved to reconsider Case 00-1471. Lambert and unanimously carried. Motion seconded by Mr. 16 Meeting Minutes -~ Code Compliance Board Boynton Beach, Florida August 16, 2000 Motion Mr, Lambert moved that the time for compliance for all violations be changed to September 18, 2000 for compliance (intending to change the compliance date for SeCtion 13-16, occupational license required). Motion seconded by Mr. Foot. Motion carried 6-1 (Vice Chair Hammer dissenting}. Case #00-1492 Property Address: Violations: Leslie McKeown & Alice Elcock 3020 E. Palm Dr. Chapter 15, Article IX-15-120 (D}. Inc; SBC '97 ED 104.1.1, 10-52 and 20-6 B.B.C. of Ord., Please remove all junk, trash, debris and construction materials not being actively used; car in rear yard must be registered or remove it; trailer needs tag also; boat must be registered; fence in rear yard needs a permit. Inspector Cain stated the case was originally cited on June 14, 2000 and all violations have complied except the trailer. Ms. Alice McKeown, 3020 E. Palm Drive, Boynton Beach, Florida pled no contest and asked for 30 days. Motion Based on the testimony and evidence presented in Case No. 00-1492, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Leslie McKeown and Alice Elcock are in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc. of the City Code of Ordinances. Mr. Lambert moved to order that the Respondents correct the violations on or before September 18, 2000. 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. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Rossi. Motion carried 7-0. 17 Meeting Minutes ~ Code Compliance Board Boynton Beach, Florida August 16, 2000 Case #00-0388 Property Address: Violations: Douglas J. Kayman 272 Meadows Drive Chapter 15, Article IX-15-120 (E) 2C; Please repair screen dome on your porch. Inspector Cain stated the case was originally cited on February 23, 2000. Douglas J. Kayman, 272 Meadows Drive, Boynton Beach stated that the property is in his name alone. His parents are no longer on the deed and no longer own the property. The respondent pled no contest and requested 45 days. He stated he has had difficulty getting someone to make the repairs. Inspector Cain said he had a problem agreeing to the 45-day request because the case was the result of a complaint since February. Mr. Kayman said he has finally found someone to fix the screen, but he would not be available until the second or third week of September and he needed the extra time. Motion Based on the testimony and evidence presented in Case No. 00-0388, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Douglas J. Kayman is in violation of Code Sections Chapter 15, Article IX-15-120 (E) 2C of the City Code of Ordinances, Mr. Foot moved to order that the Respondents correct the violations on or before October 2, 2000. 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. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana. Motion carried 6-1 (Mr. Rossi dissenting). Case #00-0788 Property Address: Violations: Paul Crabtree 132 NW 4th Avenue Chapter 15, Article IX-15-120 (D).IA and 120 (D) I.E; De-weed yard and install sod; remove all loose trash. Inspector Webb stated the property was originally cited on April 5, 2000 through routine neighborhood inspection. Service was obtained by certified mail. Paul Crabtree, 1434 NW 9th Avenue, Ft. Lauderdale, Florida took the podium and pled no contest. Mr. Crabtree stated he has been working very hard on the 18 Meeting Minutes f Code Compliance Board Boynton Beach, Florida August 16, 2000 property to bring it into compliance. The trash has been cleaned up and the sod should be installed by next week. Motion Based on the testimony and evidence presented in Case No. 00-0788, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Paul Crabtree is in violation of Code Sections Chapter 15, Article IX-15-120 (D) .lA and 120 (D) 1.E of the City Code of Ordinances, Mr. Foot moved to order that the Respondent correct the violations on or before September 18, 2000. 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. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Lambert pointed out that the City agreed to 60 days. Motion died for lack of a second. Motion Based on the testimony and evidence presented in Case No. 00-0788, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Paul. Crabtree is in violation of Code Sections Chapter 15, Article IX-15- 120 (D) .lA and 120 (D) 1.E of the City Code of Ordinances, Mr. Lambert moved to order that the Respondent correct the violations on or before October 16, 2000. 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. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana. Motion carried 6-1 (Mr. Foot dissenting). Mr. Crabtree stated that before he purchased the property, he checked with the City to determine that there were no liens on the property. The house is now in much better shape than when he purchased it, yet he is being cited for violations. Chairman DeLiso informed the respondent that the Code Inspectors might have missed the property until Mr. Crabtree purchased it. Chairman DeLiso requested that the respondent take this issue up directly with Mr. Blasie. 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2000 Case #00-1277 Property Address: Violations: Daniel F. & Karen C. Read 516 NW 8th Court Chapter 15, Article IX-15-120 (D) .lA and 120 (D) I.E; Please sod all bare areas in yard; remove outside storage from carport. Inspector Webb stated the property was originally cited on May 19, 2000 through routine neighborhood inspection. Service was obtained by certified mail. Mr. Daniel Read, 516 NW 8th Court, Boynton Beach, Florida took the podium and pled no contest and asked for 60 days. Motion Based on the testimony and evidence presented in Case No. 00-1277, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Daniel F. and Karen C. Read are in violation of Code SectiOns Chapter 15, Article IX-15-120 (D) .lA and 120 (D) 1.E of the City Code of Ordinances, Mr. Lambert moved to order that the Respondents correct the violations on or before October 16, 2000. 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. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana. Motion carried 6-1 (Mr. Foot dissenting). Case #00-0925 Property Address: Violations: Valoria Brown & Robert Jones 411 NW 13th Avenue Chapter 15, Article IX-15-120 (D) 1, Inc.; Install sod in yard; repair fence; remove inoperable or unlicensed vehicle. Inspector Webb stated the case was originally cited on April 22, 2000 through routine neighborhood inspection. Service was obtained by hand carry and the respondents were present earlier but had to leave. The respondents asked for 30 days. Motion Based on the testimony and evidence presented in Case No. 00-0925, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Valoria Brown and Robert Jones are in violation of Code Sections 2O Meeting Minutes ~ Code Compliance Board Boynton Beach, Florida August 16, 2000 Chapter 15, Article IX-15-120 (D) 1, INC. of the City Code of Ordinances, Mr. Lambert moved to order that the Respondents correct the violations on or before September 18, 2000. 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. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinsPection of the property to verify compliance with this Order. Motion seconded by Ms. Williams. Motion carried 7-0. Case #00-1355 Property Address: Violations: David Z. EuniCe 607 N. Seacrest Blvd. Chapter 15, Article IX-15-120 (D) I.E; Please install sod in all bare areas in yard. Inspector Webb stated the property was originally cited on May 31, 2000 through routine neighborhood inspection. Service was obtained by certified mail. The respondent is present for both cases. Mr. David Z. Eunice, 1421 Dandelion Lane, West Palm Beach, took the podium and pled not guilty. Chairman DeLiso requested that the respondent take a seat while the City presents their case. Inspector Webb stated this case arose out of a routine inspection of Seacrest Boulevard as instructed by the City for clean-up purposes. Inspector Webb showed photographs of the property to Mr. Eunice for identification. Attorney Igwe requested that the photographs be entered into evidence as Exhibit A. Mr. Foot asked for clarification on the exact address and noted the photograph stated 605 N. Seacrest. Inspector Webb stated the photographs being presented are pictures of 607 N. Seacrest Blvd. as cited on Page 38. The Recording Secretary was instructed to change the address on the photographs to 607 N. Seacrest Blvd and mark them Exhibit A. Inspector Webb stated that the houses are rented side-by-side. The respondent took exception to changing the house number on the evidence. Attorney Igwe stated this was the result of a "scrivener's error". Mr. Eunice said he could not tell if this actually was his property and Chairman DeLiso said that the property would be referred to as "Mr. Eunice's alleged property". Mr. Eunice said he does not have a problem with any of the Code Inspectors and they have all been agreeable to work with. Mr. Eunice said that when he had a 21 Meeting Minutes " Code Compliance Board Boynton Beach, Florida August '16, 2000 prior problem with other property he owns, he called Mr. Webb to inspect the property. However, this time he received no response from the City and stated he next received violation notices for 603 and 607 N. Seacrest. The respondent said he went to the Code Enforcement Office and called several times without success. He later learned Inspector Webb was in the hospital. The respondent stated that he placed sod in both yards and shellrock in the driveway, but was unable to contact the City for further direction. The respondent feels that his property has complied. Mr. Eunice stated he has a sprinkler system. Chairman DeLiso suggested that the respondent get together with Inspector Webb to work out the details for compliance. Mr. Eunice requested 60 days. Motion Based on the testimony and evidence presented in Case No. 00-1355, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that David Z. Eunice is in violation of Code Sections Chapter 15, Article IX- 15-120 (D) 1 E of the City Code of Ordinances, Mr. Lambert moved to order that the Respondent correct the violations on or before October 16, 2000. 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. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Williams. Motion carried 6-1 (Mr. Foot dissenting). Case # 00-'i 356 Pro perty Address: Violations: David Z. Eunice 603 N. Seacrest Blvd. Chapter 15, Article IX-15-120 (D) .lB and 120 (D) I.E; Please sod all bare areas in yard; install more shellrock in driveway Inspector Webb stated this case was originally cited on May 31, 2000 through routine neighborhood inspection. Service was made by certified mail. Mr. Eunice pled no contest in this case and requested 60 days. The City agreed to 60 days. Motion Based on the testimony and evidence presented in Case No. 00-1356, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that David Z. Eunice is in violation of Code Sections Chapter 15, Article IX- 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2000 15-120 (D) I E of the City Code of Ordinances, Mr. Lambert moved to order that the Respondent correct the violations on or before October 16, 2000. 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. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Williams. Motion carried 7-0. Recess was declared at 9:50 p.m. The meeting reconvened at 10:00 p.m. Case # 00-1401 Property Address: Violations: Willie & Julia M. Clark 429 NW 3rd Avenue Chapter 15, Article IX-15-120 (D) .lA; Right-of-way and rear property contains unlicensed and inoperable vehicles and other discarded trash and debris that must be removed. Recurring violation cases may still be brought before the Code Compliance Board even if violations have complied prior to the hearing. Inspector Webb stated the property was originally cited on June 5, 2000 through routine neighborhood inspection. Service was obtained by certified mail. Mr. Willie Clark, 429 NW 3rd Avenue, Boynton Beach took the podium. Mr. Clark pled no contest and requested 90 days. The respondent stated 'he is in the process of getting rid of one of the vehicles and is fixing the other one. Pictures of the property were shown to the respondent and distributed to the members to view. The compliance time for the various violations was discussed. Motion Based on the testimony and evidence presented in Case No. 00-1401, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Willie & Julia M. Clark are in violation of Code Sections Chapter 15, Article IX-15-120 (D) .lA of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violation with regard to the blue vehicle being removed, the Ford vehicle being registered or licensed and the trash in front of the property being removed by September 18, 2000. Mr. Lambert further moved that the violations in the rear of the property be corrected by November 13, 2000. 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. The RespOndents 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2000 are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Rossi. Motion carried 7-0. CERTIFICATION OF FINE (Previously tabled) Case No. 00-650 James Isaac 215 NW 7th Court Inspector Webb stated this was a previously tabled fine certification case. The property was originally cited on March 27, 2000 for violation of the Community Appearance Code. No one appeared at the May 17, 2000 Compliance Board Hearing date. A compliance date of June 19, 2000 was set or be fined $25.00 per day. The property complied today with 58 days of non-compliance. Mr. Isaac James, 217 NW 7th Court, Boynton Beach, Florida took the podium. Chairman DeLiso asked the respondent why it took him 58 days to comply. Chairman DeLiso requested to look at the photos of the property. Mr. Lambert asked why the case was tabled and was informed because Inspector Webb was not present at the May hearing date. Mr. James said that he was having difficulty getting the car running. Motion Based on the testimony and evidence presented in Case No. 00-650, Ms. Williams moved that this Board find, as a matter of fact, that the Respondent James Isaac, was in violation of Code Sections Chapter 15, Article IX-15-120 (D) lA, subsequent to the date of compliance specified in this Board's Order of May 17, 2000. Ms. Williams moved that this Board find that the Respondent failed to comply with this Board's Order, and that this Board impose and certify no fine or administrative costs. Motion seconded by Mr. Lambert. Mr. Foot asked why the respondent was given no fine and Ms. Williams noted that Inspector Webb was out of work at the time. Mr. Foot said at the last meeting he was the one who made the motion to table the case and the Board was told it would be cleaned up in a day and the property didn't comply until today. Mr. Lambert asked if the property actually complied today or was it just inspected today? Inspector Webb stated the property was not in compliance yesterday and it was cleaned up today and that the respondent was a repeat violator. Motion denied 3-4 (Messrs. Foot, Lambert, Miriana and Rossi dissenting) 24 Meeting Minutes ~ Code Compliance Board Boynton Beach, Florida August 16, 2000 Motion Based on the testimony and evidence presented in Case No. 00-650, Mr. Foot moved that this Board find, as a matter of fact, that the Respondent James Isaac, was in violation of Code Sections Chapter 15, Article IX-15-120 (D) lA, subsequent to the date of compliance specified in this Board's Order of May 17, 2000. Mr. Foot moved that this Board find that the Respondent failed to comply with this Board's Order, and that this Board impose and certify a fine in the total amount of $384.12, representing administrative costs. Motion seconded by Mr. Miriana and carried 7-0. CERTIFICATION OF FINE Case #00-855 T.B. & Clara Hicks 522 NW 5th Street Inspector Webb stated the property was cited on April 13, 2000 for violation of the Community Appearance Code. The respondent appeared at the June 21, 2000 Code Compliance Board Hearing date. A compliance date of July 17, 2000 was set or be fined $25.00 per day. Mr. Gregg Hicks, 522 NW 5th Street, Boynton Beach, Florida took the podium and Mr. Hicks said that his property is in compliance. Mr. Cain stated he was in compliance with regard to the cars in the back yard. Inspector Webb stated that the weeds, shell rock and the swale are not in compliance. Mr. Hicks said he was not aware of these violations. Mr. Blasie suggested tabling the case. Motion Mr. Lambert moved that Case No. 00-855 be tabled until the Code Compliance Board Meeting to be held on September 20, 2000 meeting. Motion seconded by Vice Chair Hammer and unanimously carried. Case #00-1044 Jesse & Dorothy Herring 750 N. Seacrest Blvd. Inspector Melillo stated the notice of violation was dated April 28, 2000 for violation of the Community Appearance Code. The respondent appeared at the June 21, 2000 Code Compliance Board Hearing and a compliance date of July 17, 2000 was set or be fined $50.00 per day. The property is not yet in compliance. Mr. Jesse Herring, '1750 N. Seacrest Blvd, Boynton Beach stated that he was given until July 17, 2000 at the June meeting to insure the trucks and get them repaired and registered. Mr. Herring said he has been working on the trucks, but was unable to get them fixed by July 17th. Mrs. Herring telephoned the Code 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2000 Compliance Department to tell them this and she was informed that all that was required was to put a tag on the trucks and get insurance. The Board would give him time to fix the trucks. Chairman DeLiso presented the options that were available to the respondent and asked how long it would take for him to get the vehicles repaired. He stated he needed an additional 30 days and if they were not repaired by that date, he would junk the vehicles. It was pointed out to the respondent that the $50.00 per day fine was running and as of today was at $1,500 plus administrative costs. Chairman DeLiso stated that the Board could table the case for another 30 days, but the fine would keep running. This would be taken under consideration at the next hearing date. The respondent stated that he would junk the trucks. Motion Mr. Lambert moved that Case No. 00-1044 be tabled until the Code Compliance Board Meeting to be held on September 20, 2000. Motion seconded by Mr. Miriana and unanimously carried. Case #00-722 G.L. Homes of Boynton Beach 11 1401 University Drive, Ste. 200 Pompano Beach, FL 33701 7462 Lawrence Rd. Mr. Anthony Lofurno, representing the owner, assumed the podium. Inspector Guillaume stated the violation was dated March 31, 2000 for violation of the Standard Building Code. No one appeared at the May 17, 2000 Code Compliance Board Hearing date of May 17, 2000. A compliance date of June 19, 2000 was set or be fined $25.00 per day. The property complied on August 18, 2000, for 57 days of non-compliance. The City recommends no fine. Mr. Blasie stated that there are notes in the file from the Utility Department that state they were partially responsible for the delay. Motion Based on the testimony and evidence presented in Case No. 00-722, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondent G. L. Homes of Boynton Beach 11, was in violation of Code Sections SBC '97 Edition 104.1.1 and SBC '94 Edition 104.7.2, subsequent to the date of compliance specified in this Board's Order of May 17, 2000. Mr. Lambert moved that this Board find that the Respondent failed to comply with this Board's Order, and that this Board impose and certify no fine or administrative costs. Motion seconded by Vice Chair Hammer and carried 7-0. 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2000 LIEN REDUCTIONS Case #98-3455 Marta Pejouhy 152 SE 28th Avenue Mr. Blasie presented before and after photographs of the property to the respondent and her attorney and then to the members of the Board for review. The property was originally cited on September 28, 1998 for violation of the Community Appearance Code and first came before the Board on November 18, 1998. No one appeared and a compliance date of January 18, 1999 was set or be fined $25.00 per day. The property complied on August 11, 2000 for 567 days of non-compliance and the fine amounts to $14,175.00 plus administrative costs. For background, Mr. Blasie stated that the respondent has owned the property since 1975 and the property has been cited 22 times over the years. Four cases have gone to the Code Compliance Board. Two cases resulted in no fine. The respondent had to perform a substantial amount of work to bring the property into compliance which consisted of removing four large Florida Holly Trees, trash and debris were cleaned up from the back yard, the front yard was sodded, other trees were trimmed, and vents in the house were replaced, along with other smaller items. Attorney Bert Shapiro took the podium along with Ms. Pejouhy and stated he represented the respondent. Attorney Shapiro stated that each time Ms. Pejouhy called for inspections, new violations were added whenever the respondent thought she was in compliance. The respondent has been ill and unable to work and Attorney Shapiro presented a record of four hospitalizations beginning after the first citation. Attorney Shapiro stated that Ms. Pejouhy, who is 69 years old, does not have the money and has been widowed for many years. Also, there is a language barrier problem. A church donated money to make the repairs to the property. Also, there has been public help to get Ms. Pejouhy's property into compliance. In June a list of the repairs that were necessary to bring the property into compliance was faxed to Attorney Shapiro. The list was furnished to a contractor who donated his time to bring the property into compliance. Attorney Shapiro requested that the lien be reduced to zero. Mr. Blasie said that the Code Compliance Department has been very cooperative and that he did meet with the contractor on the property to show him what needed to be done. Mr. Blasie stated there was a great deal of work to be done on the property and the Holly Trees taken down were very large. Mr. Blasie felt that no fine would be unacceptable because staff had spent a great deal of time and effort on this case. 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2000 Motion Based on the testimony and evidence presented in Case No. 98-3455, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board recommend to the City Commission that the fine instituted in Case No. 98-3455, by virtue of this Board's Order of November 18, 1998, be reduced to a total $634.12, including administrative costs. Motion seconded by Mr. Miriani. Motion denied 2-5 (Chairman DeLiso, Vice Chair Hammer, Mr. Lambert, Mr. Rossi and Ms. Williams dissenting). Chairman DeLiso felt that the fine did not justify the amount of time that the property was out of compliance and also the number of times that the respondent had been cited. Mr. Miriana felt that the case was a hardship case. Ms. Pejouhy said that 30 years ago when she first came here her home was immaculate, but she had a husband and son who took care of the house and her husband used to work for the City. She further stated that she supported and cared for her mother for seven years and had worked seven days per week. Chairman DeLiso asked if the respondent intended to move and thus the purpose of the lien reduction. Ms. Pejouhy responded that the house is all that she has and that she has no money. She was present tonight because she wanted to explain why it took her so long to bring the property into compliance. Attorney Igwe informed the Board that he prosecuted a case against Ms. Pejouhy. She had 37 dogs illegally housed on her property and it took him many, many hours to prosecute the case. Animal Control took control over the dogs as Ms. Pejouhy refused to give up possession of the dogs. Attorney Igwe wanted the Board to be aware of this. Attorney Shapiro stated the respondent was present tonight because this is her sole asset, and it is to her interest to get a fine as Iow as possible. Secondly, her house is very close to being sold for back taxes and in order to pay the taxes, Ms. Pejouhy needs to get a mortgage on the property, which would require that the fines, be paid. She has nothing else. 28 Meeting Minutes ..... Code Compliance Board Boynton Beach, Florida August 16, 2000 Motion Based on the testimony and evidence presented in Case No. 98-3455, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Lambert moved that this Board recommend to the City Commission that the fine instituted in Case No. 98-3455, by virtue of this Board's Order of November 18, 1998, be reduced to a total of $1,500, including administrative costs. Motion seconded by Mr. Rossi. Motion denied 3-4 (Chairman DeLiso, Vice Chair Hammer, Mr. Miriana, and Ms. Williams dissenting). Motion Based on the testimony and evidence presented in Case No. 98-3455, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Miriana moved that this Board recommend to the City Commission that the fine instituted in Case No. 98-3455, by virtue of this Board's Order of November 18, 1998, be reduced to a total of $250, including administrative costs. Motion seconded by Vice Chair Hammer. Motion carried 4-3 (Messrs. Foot, Lambert and Rossi dissenting) Case No. 00-808 Property Address: Violations: William S. Jenkins, Estate 612 NE 7th Avenue Chapter 15, Article IX-15-120 (D) 1.E; De-weed front side property and swale; install sod. Inspector Webb stated the property was originally cited on April 6, 2000 through routine neighborhood inspection. Service was obtained by certified mail and staff recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-808, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that the William S. Jenkins Estate is in violation of Chapter 15, Article IX-15- 120 (D) 1.E of the City Code of Ordinances. Mr. Lambert moved to order that the respondent correct the violations on or before September 18, 2000. 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. The respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to 29 Meeting Minutes '~ Code Compliance Board Boynton Beach, Florida August 16, 2000 arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Hammer and unanimously carried. Case No. 00-1648 Property Address: Violations: Celord Barbier 464 SW 1st Avenue SBC '97 Edition 104.1.1; Permit required for installation of sprinkler system. Inspector Roy stated the property was originally cited on July 10, 2000 through a neighborhood complaint. Service was accomplished by certified mail and the City recommends 14 days. Motion Based on the testimony and evidence presented in Case No. 00-1648, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Celord Barbier is in violation of SBC '97 Edition 104.1.1 of the City Code of Ordinances. Mr. Lambert moved to order that the respondent correct the violations on or before September 1, 2000. 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. The respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Williams and unanimously carried. Case No. 00-0119 Property Address: Violations: Frankie C. Posada 1990 N. Seacrest Blvd. Chapter 15, Article IX-15-120 (D) 1, Inc.; Please remove all loose miscellaneous trash and debris, i.e. car parts, tires and appliances; also, remove all unregistered or inoperable motor vehicles from property; repair fence and install grass where bare spots occur. Inspector Melillo stated the property was cited through routine inspection and service was made by certified mail. City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-0119, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Frankie C. Posada is in violation of Chapter 15, Article IX-15-120 (D) 1, 3O Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2000 Inc. of the City Code of Ordinances. Mr. Lambert moved to order that the respondent correct the violations on or before September 18, 2000. 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. The respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Williams and unanimously carried. Case No. 00-0998 Property Address: Violations: Francois Alphonse 1521 N. Seacrest Blvd. Chapter 15, Article IX-15-120 (D), Inc.; Please install grass on north side of driveway or get a permit to widen it. Inspector Melillo stated the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-0998, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Francois Alphonse is in violation of Chapter 15, Article IX-15-120 (D), Inc. of the City Code of Ordinances. Mr. Lambert moved to order that the respondent correct the violations on or before September 18, 2000. 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. The respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Hammer. Motion carried 7-0. Case No. 00-1047 Property Address: Violations: Doug Bono 2021 NE 1st Way Chapter 15, Article IX-15-120 (D), Inc., SBC '97 ED 104.1.1; Please mow grass, weeds and trim your yard and swale; repair broken window and fence gate; remove all loose trash and debris, including tire, van seats, and all other miscellaneous items; remove unpermitted room on back of house. Inspector Melillo stated the City recommends 30 days. 31 Meeting Minutes ~ Code Compliance Board Boynton Beach, Florida August 16, 2000 Motion Based on the testimony and evidence presented in Case No. 00-1047, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Doug Bono is in violation of Chapter 15, Article IX-15-120 (D), Inc. and SBC '97 Edition 104.1.1of the City Code of Ordinances. Mr. Lambert moved to order that the respondent correct the violations on or before September 18, 2000. 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. The respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana. Motion carried 7-0. Case No. 00-1097 Property Address: Violations: Garvin L. Russell 1920 N. Seacrest Blvd. Chapter 15, Article IX-15-120 (D), Inc.; Please install grass where bare spots occur; repair or replace fence. Inspector Melillo stated the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-1097, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Garvin L. Russell is in violation of Chapter 15, Article IX-15-120 (D), Inc. of the City Code of Ordinances. Mr. Lambert moved to order that the respondent correct the violations on or before September 18, 2000. 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. The respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. Motion carried 7-0. Case No. 00-1098 Property Address: Violations: Flora M. Holliday 1940 N. Seacrest Blvd. Chapter 15, Article IX-15-120 (D), Inc.; Please de-weed parking area; install grass where bare spots occur; repair or replace fence Inspector Melillo stated the City recommends 30 days. 32 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2000 Motion Based on the testimony and evidence presented in Case No. 00-1098, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Flora M. Holliday is in violation of Chapter 15, Article IX-15-120 (D), Inc. of the City Code of Ordinances. Mr. Lambert moved to order that the respondent correct the violations on or before September 18, 2000. 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. The respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana. Motion carried 7-0. Case No. 00-'1303 Property Address: Violations: Vickey L. Daniel 205'1 NW '1st Street Chapter 15, Article IX-'15-120 (D) lA; Please repair or replace your fence. Inspector Melillo stated the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-1303, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Vickey L. Daniel is in violation of Chapter 15, Article IX-15-120 (D) lA of the City Code of Ordinances. Mr. Lambert moved to order that the respondent correct the violations on or before September 18, 2000. 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. The respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. Motion carded 7-0. Case No. 00-0969 Property Address: Violations: Fleta M. Derpat 702 S. Seacrest Blvd. Chapter 15, Article IX-15-120 (D), Inc.; De-weed and maintain driveway north side. Inspector Lewis stated the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-0969, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of 33 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2000 law that Fleta M. Derpat is in violation of Chapter 15, Article IX-15-120 (D), Inc. of the City Code of Ordinances. Mr. Lambert moved to order that the respondent correct the violations on or before September 18, 2000. 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. The respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. Motion carried 7-0. Case No. 00-1552 Property Address: Violations: Sheri St. John 320 SW 5th Avenue Chapter 15, Article IX-15-120 (D) 1, Inc.; Please mow and de-weed overgrown yard areas; sod needs to be planted in dead areas of the front yard; remove any trash and debris. Inspector Lewis stated the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-1552, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Sheri St. John is in violation of Chapter 15, Article IX-15-120 (D) 1, Inc. of the City Code of Ordinances. Mr. Lambert moved to order that the respondent correct the violations on or before September 18, 2000. 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. The respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to vedfy compliance with this Order. Motion seconded by Vice Chair Hammer. Motion carried 7-0. Case No. 00-1575 Property Address: Violations: Joseph M. Skaates 811 SE 3rd Street Chapter 15, Article IX-15-120 (D), Inc.; Please mow and de-weed overgrown property; remove all items stored in the front yard (truck top, clothes, household items, trash and debris); driveway needs to be defined, re- mulched and keep weed free. Inspector Lewis stated the City recommends 30 days. 34 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2000 Motion Based on the testimony and evidence presented in Case No. 00-1575, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Joseph M. Skaates is in violation of Chapter 15, Article IX-15-120 (D) 1, Inc. of the City Code of Ordinances. Mr. Lambert moved to order that the respondent correct the violations on or before September 18, 2000. 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. The respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana. Motion carried 7-0. Case No. 00-1285 Property Address: Violations: Isabel J. Miguel 2210 NE 3rd Court SBC '97 Edition 104.1.1 and Section 13-16 B.B.C. of Ord.; Every rental unit used for residential living purposes in the City must be licensed; also, a permit is required to install A/C. Inspector Cain stated the City recommends 14 days. Motion Based on the testimony and evidence presented in Case No. 00-1285, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Isabel J. Miguel is in violation of SBC '97 Edition 104.1.1 and Section 13- 16 of the B.B.C. of Ordinances. Mr. Lambert moved to order that the respondent correct the violations on or before September 1, 2000. 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. The respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Williams. Motion carried 7-0. Case No. 00-1398 Property Address: Violations: Flora M. Holliday 1451 NW 1st Court Chapter 15, Article IX-15-120 (D), Inc.; Please install sod in yard and swale. Inspector Cain stated that the City recommends 30 days. 35 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2000 Motion Based on the testimony and evidence presented in Case No. 00-1398, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Flora M. Holliday is in violation of Chapter 15, Article IX-15-120 (D), Inc. of the City Code of Ordinances. Mr. Lambert moved to order that the respondent correct the violations on or before September 18, 2000. 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. The respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana. Motion carried 7-0. Case No. 00-1278 Property Address: Violations: Keith J. & Thalia Baines 517 NW 8th Court Chapter 15, Article IX-15-120 (D) lA and 120 (D) I.D; Please sod yard and swale; remove all loose trash and debris. Inspector Webb stated that the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-1278, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Keith J. and Thalia Baines are in violation of Chapter 15, Article IX-15- 120 (D) lA and 120 (D) I.D of the City Code of Ordinances. Mr. Lambert moved to order that the respondents correct the violations on or before September 18, 2000. 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. The respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Williams. Motion carried 7-0. Case No. 00-1363 Property Address: Violations: Edward S. Pickett 942 NW 8th Avenue Chapter 15, Article IX-15-120 (D) 1.E; Please install sod in all bare and dead areas in yard. Inspector Webb stated that the City recommends 30 days. 36 Meeting Minutes .... Code Compliance Board Boynton Beach, Florida August 16, 2000 Motion Based on the testimony and evidence presented in Case No. 00-1363, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Edward S. Pickett is in violation of Chapter 15, Article IX-15-120 (D) 1.E of the City Code of Ordinances. Mr. Lambert moved to order that the respondent correct the violations on or before September 18, 2000. 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. The respondent is further orrdered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Williams. Motion carried 7-0. Case No. 00-1372 Property Address: Violations: Richard D. JOnes 905 N. Seacrest Blvd. Chapter 15, Article IX-15-120 (D) .lB and 120 (D) I.E; Repair driveway; install sod in yard along North Seacrest. Inspector Webb stated that the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-1372, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Richard D. Jones is in violation of Chapter 15, Article IX-15~120 (D) .lB and 120 (D) 1.E of the City Code of Ordinances. Mr. Lambert moved to order that the respondent correct the violations on or before September 18, 2000. 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, The respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Williams. Motion carried 7-0. Case #00-442 Alvin & Cynthia Daniels 695 Lindell Blvd. Delray Beach, FL 33444 3171 Grove Road Inspector Cain stated the property was cited on March 3, 2000 for violation of the Community Appearance COde, No one appeared at the June 21, 2000 Code Compliance Board Hearing date. A compliance date of July 17, 2000 was set or be fined $25.00 per day. The property has not yet complied. 37 Meeting Minutes ....... Code Compliance Board Boynton Beach, Florida August 16, 2000 Motion Based on the testimony and evidence presented in Case No. 00-442, and having considered the gravity of the violations, the actions taken by the Respondents, and any and all previous violations committed by the Respondents, Mr. Lambert moved that this Board find that Alvin and Cynthia Daniels have violated this Board's prior Order of June 21, 2000 and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. Miriana seconded the motion, which carried unanimously. Case #99-2782 Jos~ Bernard, Jr. 454 SW 2nd Avenue Inspector Lewis stated the property was cited on November 17, 1999 for building permit and inspection violations. The Respondent appeared at the March 15, 2000 Code Compliance Board Hearing date. A compliance date of July 17, 2000 was set or be fined $25.00 per day. The property has not complied and the respondent was present tonight, but had to leave and asked that the case be tabled for 60 days because of a building permit problem. The City agreed to 60 days. Motion Mr. Foot moved that Case No. 99-2782 be tabled until the Code Compliance Board Meeting to be held on October 18, 2000. Motion seconded by Vice Chair Hammer. Motion carried 7-0. Case #00-551 Robert B. Moffie 5020 Palm Ridge Blvd. Delray Beach, FL 33484 111 SW 11th Avenue Inspector Lewis stated the property was cited on March 15, 2000 for violation of the Community Appearance Code. No one appeared at the June 21,2000 Code Compliance Board Hearing date. A compliance date of July 17, 2000 was set or be fined $25.00. The property has not yet complied. Motion Based on the testimony and evidence presented in Case No. 00-551, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Lambert moved that this Board find that Robert B. Moffie has violated this Board's prior Order of June 21,2000 and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs which shall continue to accrue until the 38 Meeting Minutes ~ Code Compliance Board Boynton Beach, Florida August 16, 2000 Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Miriana seconded the motion, which carried unanimously. Case #00-831 Derek & Carmen Doherty 1012 SE 3rd Street Inspector Lewis stated the property was cited on April 11, 2000 for violation of the Community Appearance Code. No one appeared at the June 21, 2000 Code Compliance Board Hearing date. A compliance date of July 17, 2000 was set or be fined $25.00 per day. The property has not yet complied. Motion Based on the testimony and evidence presented in Case No. 00-831, and having considered the gravity of the violations, the actions taken by the Respondents, and any and all previous violations committed by the Respondents, Mr. Lambert moved that this Board find that Derek & Carmen Doherty have violated this Board's prior Order of June 21, 2000 and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. Miriana seconded the motion, which carried unanimously. Case #00-544 Francis & Ronald McLeod 4620 NE 4th Avenue Ft. Lauderdale, FL 3334 319 NW 4th St. Inspector Webb stated the property was cited on March 13, 2000 for violation of the Community Appearance Code. No one appeared at the June 21,2000 Code Compliance Board Hearing date. A compliance date of July 17, 2000 was set or be fined $25.00 per day. The property has not yet complied. Motion Based on the testimony and evidence presented in Case No. 00-544, and having considered the gravity of the violations, the actions taken by the Respondents, and any and all previous violations committed by the Respondents, Mr. Lambert moved that this Board find that Francis & Ronald McLeod have violated this Board's prior Order of June 21, 2000 and this Board impose and certify a fine in the amount of $25.00 per day, plus 'administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. Miriana seconded the motion. Mr. Foot inquired about the pillar being a safety hazard and Inspector Webb stated that the pillar had been repaired. 39 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2000 Motion carried 7-0. Case #00-649 Tony & Marsha Harvey 224 NW 7th Court Inspector Webb stated the property was cited March 27, 2000 for violation of the Community Appearance Code. The respondent did appear at the July 19, 2000 Compliance Board Hearing date. A compliance date of August 1, 2000 was set or be fined $25.00 per day. The property has not yet complied. Motion Based on the testimony and evidence presented in Case No. 00-649, and having considered the gravity of the violations, the actions taken by the Respondents, and any and all previous violations committed by the Respondents, Mr. Lambert moved that this Board find that Tony and Marsha Harvey have violated this Board's prior Order off July 19, 2000 and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs which shall continue to accrue until the Re~p°ndents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Williams seconded the motion. Motion carried 7-0. Case #00-786 Leola Pearson 412 NW 4th Avenue Inspector Webb stated the property was cited on April 5, 2000 for violation of the Community Appearance Code. No one appeared at the June 21, 2000 Code Compliance Board Hearing date. A compliance date of July 17, 2000 was set or be fined $25.00 per day. The property is not yet in compliance. Motion Based on the testimony and evidence presented in Case No. 00-786, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Lambert moved that this Board find that Leola Pearson has violated this Board's prior Order of June 21, 2000 and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Vice Chair Hammer seconded the motion. Motion carried 7-0. 40 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2000 Case #00-851 Luis & Deidre Benitez 505 NW 8th Court Inspector Webb stated that the property was originally cited on April 12, 2000 for violation of the Community Appearance Code. No one appeared at the June 21, 2000 Code Compliance Board Hearing date. A compliance date of July 17, 2000 was set or be fined $25.00 per day. The property is not yet in compliance. Motion Based on the testimony and evidence presented in Case No. 00'851, and having considered the gravity of the violations, the actions taken by the Respondents, and any and all previous violations committed by the Respondents, Mr. Lambert moved that this Board find that Luis and Deidre Benitez have violated this Board's prior Order of June 21, 2000 and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Vice Chair Hammer seconded the motion. Motion carried 7-0. Case #00-856 Richard Parsons 435 W. Boynton Beach Blvd. Cio Captain Frank's Seafood Market 320 SW Atlantic Drive Lake Worth, FL 33462 Inspector Webb stated the property was originally cited on April 13, 2000 for violation of the Community Appearance Code and Occupational License required. No one appeared at the June 21, 2000 Code Compliance Board Hearing date. A compliance date of July 17, 2000 was set or be fined $25.00 per day. The property has not yet complied. Motion Based on the testimony and evidence presented in Case No. 00-856, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Lambert moved that this Board find that Richard Parsons has violated this Board's prior Order of June 21,2000 and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Vice Chair Hammer seconded the motion. Motion carried 7-0. 41 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2000 C. LIEN REDUCTION Case #96-5573 Eslett Ruiz 2131 NW 1st Street Mr. Blasie requested that Case #96-5573 be tabled. Motion Mr. Foot moved that Case No. 96-5573 be tabled until the Code Compliance Board Meeting to be held on September 20, 2000. Motion seconded by Vice Chair Hammer. Motion carried 7-0. Mr. Foot inquired about the status of a workshop meeting that had been requested by the City Commission. Mr. Blasie said he has not heard anything further on this subject. Discussion ensued on the fines being levied by the Board on repeat offenders and landlords, as well as people trying to sell their property. Mr. Blasie reported that he and Mr. Foot attended a Code Compliance Board Hearing at Delray Beach. Mr. Blasie felt that City's lien reduction process was more lenient than Boynton Beach. Also, their caseload appeared smaller because they meet twice monthly. Mr. Foot suggested attending a meeting in Boca Raton that is handled by a Special Master. Mr. Blasie felt that our Board operates more professionally. Also, Delray Beach has different appearance standards for various districts within the city. VI. ADJOURNMENT There being no further business, Vice Chair Hammer moved to adjourn, which was duly seconded. The meeting properly adjourned at 11:20 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (four tapes) 42 TO: FROM: DATE: SUBJECT: DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 00-110 Scott Blasie, Code Compliance Supervisor Don Johnson, Building Official April 25, 2000 C.E.R.T. inspection at 907 N. Federal Hwy. - JOe's Deli/Piano Bar On April 20, 2000, I conducted an inspection for the Code Enforcement Response Team at the above location. My inspection revealed the following violations and information: 1. Seats and booths for patrons at this address were counted and the amount present was 70. New walls and ceiling have been constructed without benefit of permits and inspections in the Deli/Bar Area. This area is not in association with permit 99-5246 for new bathrooms. (Sections 104.1.1,104.7.5 of the Boynton Beach Amendments to SBC-97). New ductwork has been installed to old existing air handler without permits and inspections. (Sections 104.1.1, 104.7.5 of the Boynton Beach Amendments to SBC-97). New piano bar has been constructed with electrical and plumbing. No permits have been secured or inspections made. (Sections 104.1.1, 104.7.5 of the Boynton Beach Amendments to SBC-97). Water damage is evident through existing walls. Patch all holes in walls and ceiling of both exterior and interior of building. Weatherstrip all windows and doors so insects and rodents do not enter, nest and breed. (Section 3401.6, SBC-97, Section 1205 inclusive, SBC-97). Upstairs apartment area has evidence of water damage and stainage to ceiling. Roof needs to be repaired or replaced to maintain watertight integrity. (Section 3401.6, SBC-97). Electrical switches, receptacles and cover plates are damaged or broken. Owner shall repair or replace. Missing breaker blanks in electrical panel shall be replaced. (Section 3401.6, SBC- 97). L.P. gas tank has been installed without benefit of permits and inspections. Tank is not properly supported and secured to building to withstand hurricane force winds. Bollards have not have installed to prevent vehicular traffic from damaging tank. (Sections 104.1.1, 104.7.5 of the Boynton Beach Amendments to SBC-97). Building Division Memo No. 00-110 to Scott Blasie RE: C.E.R.T. Inspection at 907 N. Federal Hwy. - Joe's Deli/Piano Bar April 25, 2O00 Page Two Stairs to upstairs apartments have deteriorated and are in need of maintenance and repair. (Section 3401.6, SBC-97). 10. With the addition of the Piano Bar to this address, this is a complete change of use and occupancy and shall be brought up to current codes. (Section 3401.2.2.1, SBC-97). 11. A wood deck has been built On the outside of the structure without benefit of permits and inspections. (Sections 104.1.1, 104.7.5 of the Boynton Beach Amendments to SBC-97). 12. Landscaping and irrigation have been installed without permits and inspections. (Sections 104. t. 1, 104.7.5 of the Boynton Beach Amendments to SBC-97). 13. Exterior hose bibbs shall have back flow preventers installed. (Section 3401.6, SBC-97). In conclusion, a design professional shall design plans and licensed contractors shall file applications, secure permits and receive applicable inspections. The owner or tenant is responsible for maintaining their building so that all portions of their building, both existing and new and all parts thereof, are maintained in a safe and sanitary condition. Thirty days to comply. By copy of this memo, the owner or leasee shall stop all unpermitted work until such time that it becomes legally permitted. The Piano Bar portion of the establishment shall not be occupied until a Certificate of Completion is issued and an Occupational License can be secured for that business. DJ:bg XC: Owner: Phoenix Real Est. Inv. Grp., Inc., 31 E. Commercial Blvd. Ft. Lauderdale, FL 33334 Michael E. Haag, Building Code Administrator Lynn Hays, Permit Application Technician Bill Erskine, Plumbing/Mechanical Inspector Ed Yates, Occupational License Manager \\CHkMAINSSHRDATA\DevelopmentXBuilding-6870\Documents~Memos in Word\CERT-907 N Federal Hwy.doc From: Alfaro, Jose Sent: Wednesday, April 26, 2000 10:22 AM To: Blasie,Scott Cc: Rumpf, Michael; Johnson, Don; Yates, Ed; Bobich, Mark; Borden, Bob Subject: Joe's Deli and Lacaye Market code violations. Scott: Here are my findings: A- JOE'S DELi: property being 103' x 150' fronting US-l, zoned C-4, Commercial General. HTE shows the property under the addresses 907 N Federal Hwy. and 817 N Federal Hwy.; however, the original location has been subdivided several times to the point of including the following addresses and businesses: .907 Joe's Deli and Joe's Piano Bar .825 Haitian grocery store .817-A Beauty supply ~.~ .817-B Poole's auto detailing including car washing .813 currently vacant but owner expressed intention, to lease it for a tattoo parlor business ~"~- There exists a residential use in the second floor, 48 x 54', according to the owner, for a total ~,,~/ of 2592 si. LDR Chapter 2, Zoning, Section 6 D, 2. c., in the list of prohibited uses (in C-4) L~',l indicates: "Any residential use including group homes and residential institutions. Hotels and motels, and apartment hotels and motels shall be a permitted use, however". This denies the asumption that the use of the second floor as a residence is permited in C-4 since it is permitted in C-1 and C-2. 2- Piano Bar use: I counted 3 "booth" tables at the Deli location, 11 tables in the "piano" area, 4 tables on the outside "deck", and 12 stools around the "bar"; there were 4 seats for each of the 18 tables, bringing the total of seats to 72, plus the 12 stools make a grand total of 84 seats. Current regulations require 1 parking space for each 2.5 seats, or 33.6 parking spaces. Owner indicated that the bar opens around 3:00 pm, thus making it impossible to provide enough parking spaces for the bar patrons and the rest of the businesses as well. I counted 37 parking spaces in total al around the site, identified with a wheel stop. 3- The parking spaces are not clearly identified; the ones at the front (9) are paved but too close to each other, making it impossible to meet the minimum size requirements (9' x 18'). The rest (13 in the rear and 15 in the north end) are shell rocked, with the wheel stops not arrenged in logical way making it hard to clearly differenciate one space from another, and even to determine the exact number of spaces; besides, a portion of the parking area is debris covered. No handicapped space is identified. 4- The site has 4 driveways on US-l, 2 in excess of Parking regulations allowance. 5- Lack of perimeter landscaping. Existing parking area landscaping abutting US-1 right-of-way does not comply with the 5 feet wide m~nimum required by code. The existing material has been planted not in compliance with standard forestry practices and procedures, as required by Cyty code and as outlined in the "Tree protection manual for builders and developers" issued by the State of Florida, Division of Forestry. Material has been planted in a little space "open" in the pa~/ed area large enough to "plug" the plant, thus leaving the plants unprotected from vehicular traffic. 6- Irrigation is minimal and conventional, not as required by code: fully automatic. 7- There exists 2 monument signs on site, 1 in excess of code allowance. 8- Poole's auto detailing sign is on the window; no sign size information is available to determine sign code corn p lance. 9- Car wash use requires environmental review. None has been applied for Poole's. 10- The southernmost portion of the building seems to be used for a seasonal produce business (Ed's Garden). At this point not enough information is available to determine zoning code compliance, but it is unlikely that parking requirements would be met. 11- No dumpster was identified. B- LACAYE MARKET: this is a lot 108' x 140' fronting on US-l, containing 3 businesses with their corresponding adresses in the HTE system. They are: .812 West Indian Market .814 Temple .818 El Caribeno I market 1- There exists 16 parking spaces, one of them for handicapped. No building size information is available to determine parking code .compliance. 2- Dumpster gates are permanently open. Jose Sent: Friday, April 21,2000 3:51 PM To: Blasie,Scott Cc: Guidry, John Subject: CERT Inspections - N. Federal Hwy. Regarding the Code Enforcement Response Team (CERT) inspections of 4-20-00 (attended in my absence by Jim Burt), Please be aware of the following Utilities Department requirements: Item # 1 - Joe's Deli - 907 N. Federal Hwy. A) A reduced pressure principle (RPZ) backflow preventer needs to be installed as the first connection after the water meter, and a copy of an acceptable test report for the unit will be sent to the Utilities Department (annually) (Section 26.207 of the Boynton Beach Code.) B) A suitable oil/grease interceptor needs to be installed and properly maintained. Effluent (downstream) baffle tube MUST be visible from the manhole above it for visual inspection and sampling of the effluent. (Section 26.145 & 26.146 of the Code.) Item # 2 - Ed's Garden Center - 817 N. Federal Hwy. A) A reduced pressure principle (RPZ) backflow preventer needs to be installed as the first connection after the water meter, and a copy of an acceptable test report for the unit will be sent to the Utilities Department (annually) (Section 26.207 of the Boynton Beach Code.) (Due to the variety of businesses there including car detailing) Item # 3 & 3A - La Caye Market (812) & El Caraibeno (818) A) A reduced pressure principle (RPZ) backflow preventer needs to be installed as the first connection after the water meter, and a copy of an acceptable test report for the unit will be sent to the Utilities Department (annually) (Section 26.207 of the Boynton Beach Code.) Memorandum To: Scott Blasie Code Enforcement From: Bob Borden Fire & Life Safety Date: 4/24/00 Subj.: C.E.R.T. Inspections On April 20th, I met with other CERT members of various departments and noted the following violations at the following addresses: Joe's Market, dba, Joe's Deli and/or Joe's Piano Bar 907 N. Fed. Hy. 1) 2) 3) 4) 5) Unpermitted partition walls (see Building Code) Storage of hazardous chemicals, rear storage room; provide MSDS for chemicals (NFPA 101) Accumulation of combustibles (NFPA 101) Upstairs apartment: NFPA 101 a. requires smoke detectors outside sleeping areas b. extinguisher needs inspection by licensed company c. stairway blocked for exit path d. electrical panel has open breaker spaces Improperly installed gas cylinder, outside, north wall, line leading to upstairs apartment (NFPA 58) Boynton Garden & Produce (O.O.B.) 817 N. Fed. Hy. Formerly this address was operating and using the entire building as Ed's Garden Center or Boynton Garden & PrOduce. New owner divided spaces with unpermitted partition walls and is leasing spaces of structure without proper permits. The following violations were noted at those spaces: 1) 2) 3) Space #813--Tatoo parlor;- not accessible Space #815--Poole's Auto Detailing; not accessible Space #825Haitian Market; Operating without Occupational License, Extinguisher must be mounted on wall. Lacaye American West Market 812 N. Fed. Hy. 1) 2) 3) 4) 5) 6) 7) Rear exit locked and blocked, not visible (NFPA 101) Aisle width must be minimum 36" (NFPA 101) Improper storage on and around hot water heater (NFPA 101) Excessive use of extension cords (NFPA 70) Exposed wiring, ceiling fan (NFPA 70) Electrical panel not accessible (NFPA 70) Unpermitted tenant separation wall E1 Caraibeno Cafeteria 818 N. Fed. Hy. 1) Hood system due for bi-annual inspection Cc: Deputy Chief Steve Gale Fire Marshal ~ ~f.-. VIOLATION DETAIL ~-~. ~CASE NIIMBER 00-00001108 PROPERTY ADDRESS 817 N FEDERAL HWY PAGE VIOLATION: '94 EDITION SBC 105.5 QUANTITY: 1 POSTING OF PERMIT DATE: 5/03/00 VIOLATION: CHt0-ARTII-SEC10-30. QUANTITY: 1 CONSTR,GARAGE, INDUST.REFUSE DATE: 5/03/00 VIOLATION: CH15-ART.iX-15-120(D) .lB QUANTITY: t APPEARANCE/MAINT-PRIVATE PROP DATE: 5/03./00 VIOLATION: CH15-ART.IX-15-120(E)2C QUANTITY: 1 APPEAN-ANCE/MAINT.EXTERIOR BLDG DATE: 5/03/00 JtOLATION: PT3-LDR.CH20-VII!.SEC2.E. QUANTITY: 1 PLUMBING FACILITIES REQUIRED DATE: 5/03/00 /tOLATION: SBC ~97 ED 104.1.1 QUANTITY: 1 PERMIT WHEN REQUIRED DATE: 5/03/00 ;IOLATION: SBC '97 ED 105.6 QUANTITY: 1 REQUIRED INSPECTIONS DATE: 5/03/00 ;IOLATION: SFPC 603.2 QUANTITY: 1 FIRE EXTING. CURRENT CHG TAG DATE: 5/03/00 qOLATiON: !3-1S B.B.C. OPdD QUANTITY: 1 BUSINESS NOT COV. BY LICENSE DATE: 5/03/00 rlOLATION: 13-16 B.B.C OF ORD QUANTITY: 1 OCCUPATIONAL LICENSE REQUIRED DATE: 5/03/00 NARRATIVE : 1) UNSIGHTLY WEEDS IN PARKING LOT 2) INSTALLING NEW DOORS AND JAMS NO PERMITS 3) ERECTING WALLS NO PERMITS 4) NO OCCUPATIONAL LICENSE FOR FOOD STORE AND POOLE DETAILING 5) OPEN SEWER PIPES 6) INSTALLING TWO NEW RESTROOMS NO PERMITS 7) ELECTRICAL WORK NO PERMITS 8) STOP_AGE OF MATERIAL IN SIDE BUILDING TN_AT CAN BECOME A FIRE PLAZARD 9) HOI~ES IN PARKING LOT 10) SOFFIT SCREENS 11) INTERIOR STOP~AGE OF CONSTRUCTION INDUSTRIAL DEBRIS 6/08/00 - REINSPECTION - VIOLATIONS STILL EXIST PER WW DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 00-113 TO: FROM: DATE: SUBJECT: Scott Blasie, Code Compliance Administrator Johnson, Building Official ~ Don April 26, 2000 C.E.R.T. inspection at 817 N. Federal Hwy. - Previously licensed as Ed's Garden Center On April 20, 2000, I conducted an inspection for the Code Enforcement Response Team at the above location. My inspection revealed the following violations and information: Electr/cal switches, receptacles, knockouts and cover plates have been damaged or broken and are in need of repair. Open electrical devices to be covered to prevent a shock hazard. Main service feeder on north end ofbtiilding has been tom loose from roof joist supporting raceway. (Section 3401.6, SBC-97). Roof members, joist, sheathing, etc. show signs of water damage and deterioration. Roof needs to be repaired or reroofed. (Section 3401.6, SBC-97). New concrete parking area and 4" x 4" posts with sign have been installed without pen-nits or inspections. (Sections 104. I.'1 and 104.7.5 of the Boynton Beach Amendments to the SBC-97). New shellrock base and asphalt driveway area have been installed in the rear and north end of the building without permits and inspections. (Sections 104.1.1 and 104.7.5 of the Boynton Beach Amendments to the SBC-97). Cooler, compressor and electrical have been installed in the south end of the building at produce stand space without permits and inspections. (Sections 104.1.1 and 104.7.5 of the Boynton Beach Amendments to the SBC-97). Masonry walls without foundation constructed at rear of building without permits and inspections. (Sections 104.1.1 and 104.7.5 of the Boynton Beach Amendments to the SBC-97). Doorway placed in new masonry has non-pressure treated wood against masonry. (Section 2304.5.2, SBC-97). Sewer pipes abandoned and open; traps are dry allowing sewer gas to escape. Holes in slab create a tripping hazard. Restroom in rear of building not working - toilets do not flush, water is not on. (Section 3401.6, SBC-97). Unlicensed market has not maintained minimum 36" aisles for egress. (Section 3401.6, SBC- 97). Building Division Memo No. 00-113 to Scott Blasie RE: C.E.R.T. Inspection - 817 N. Federal Hwy. - Previously Licensed as Ed's Garden Center April 26, 2000 Page Two 10. New florescent lights and a new electrical panel installed in market that supplies coolers without permits and inspections. (Sections 104.1.1 and 104.7.5 of the Boynton Beach Amendments to the SBC-97). Q~ 11. Window in restroom of market does not open and supply ventilation. Screen is missing and shall be replaced. (Section 3401.6, SBC-97). 12. 13. Building has not had proper tenant separation installed and owner has not provided separation for individual tenants nor has he provided the proper amount ofrestroom facilities and proper access to service systems for each individual tenant (i.e., electrical panels, A/C, etc.). (Sections 104.1.1 and 104.7.5 of the Boynton Beach Amendments to the SBC-97, Section 704.1, SBC-97 and Section 230-72-NEC 96). Parking lot-has not been brought ~up to code to handle the proposed use for this building. (Sections 104.1.1 and 104.7.5 of the Boynton Beach Amendments to the SBC-97). In conclusion, the owner is allowing four tenants (a market, an automobile detailing business, a tattoo parlor and a produce stand) to occupy this building illegally. There is currently no tenant separation between tenants, improper amount of parking for all the proposed uses, restroom facilities are below the minimum amount required, all tenants do not have access to their electrical panel, a tremendous amount of work is under construction and has been completed without permits and inspections. The structure has been allowed to deteriorate in areas and needs to be properly maintained. A design professional shall evaluate the owner's needs, draw plans complying with codes and licensed contractors shall file applications, secure permits and receive applicable inspections. By copy of this memorandum, the owners shall stop all unpermitted construction until such time as it is properly permitted - thirty days to comply. It should be noted that access could not be gained into all tenant spaces. DJ:bg XC: Owner: Phoenix Real Est. Inv. Group, Inc., 907 N. Federal Hwy., Boynton Beach, FL 33435 Michael E. Haag, Building Code Administrator Lynn Hays, Permit Application Technician Bill Erskine, Plumbin-,ffMechanical Inspector Ed Yates, Occupational License Manager \\CHkMAINkSHRDATA\Development\Building-6870\Documents\Memos in WordXCERT-817 N Federal Hwy.doc Memorandum To: Scott Blasie Code Enforcement From: Bob Borden Fire & Life Safety Date: 4/24/00 Subj.: C.E.R.T. Inspections On April 20th, I met with other CERT members of various departments and noted the following violations at the following addresses: Joe's Market, dba, Joe's Deli and/or Joe's Piano Bar 907 N. Fed. Hy. I) 2) 3) 4) 5) Unpermitted partition wails (see Building Code) "'Storage ofhaZardou~ chemicals, rear storage room; provide MSDS for chemicals (NFPA 101) Accumulation of combustibles (NFPA 101) Upstairs apartment: NFPA 101 a. requires smoke detectors outside sleeping areas b. extinguisher needs inspection by licensed company c. stairway blocked for exit path d. electrical panel has open breaker spaces Improperly installed gas cylinder, outside, north wall, line leading to upstairs apartment (NFPA 58) Boynton Garden & Produce (O.O.B.) 817 N. Fed. Hy. Formerly this address was operating and using the entire building as Ed's Garden Center or Boynton Garden & Produce. New owner divided spaces with unpermitted partition wails and is leasing spaces of structure without proper permits. The following violations were noted at those spaces: I) 2) 3) Space #813--Tatoo parlor; not accessible Space #815--Poole's Auto Detailing; not accessible Space #825--Haitian Market; Operating without Occupational License, Extinguisher must be mounted on wall. Lacaye Ameri can West Market 812 N. Fed. Hy. 1) 2) 3) 4) 5) 6) 7) Rear exit locked and blocked, not visible (NFPA 101) Aisle width must be minimum 36" (NFPA 101) Improper storage on and around hot water heater (NFPA 101) Excessive use of extension cords (NFPA 70) Exposed wiring, ceiling fan (NFPA 70) Electrical panel not accessible (NFPA 70) Unpermitted tenant separation wall E1 Caraibeno Cafeteria 818 N. Fed. Hy. 1) Hood system due for bi-annual inspection Cc: Deputy Chief Steve Gale Fire MarshaI ~ From: Alfaro, Jose ~ Sent: Wednesday, April 26, 2000 10:22 AM ITo: Blasie,Scott ICc: Ru,.m,.pf, Michael; Johnson, Don; Yates, Ed; Bobich, Mark; Borden, Bob ~Subject: Joe s Deli and Lacaye Market code violations. Scott: Here are my findings: A-JOE'S DELI: property being 103'x 150' fronting US-l, zoned C-4, Commercial General. HTE shows the property under the addresses 907 N Federal Hwy. and 817 N.Federal Hwy.; however, the original location has been subdivided several times to the point of including the following addresses and businesses: .907 Joe's Deli and Joe's Piano Bar .825 Haitian grocery store .817-A Beauty supply .817-B Poole's auto detailing including car washing .813 currently vacant but owner expressed intention to lease it for a tattoo parlor business 1- There exists a residential use in the second floor, 48' x 54', according to the owner, for a total of 2592 si. LDR Chapter 2, Zoning, Section 6, D, 2. c., in the list of prohibited uses (in C-4) indicates: "Any residential use including group homes and residential institutions. Hotels and motels, and apartment hotels'and motels shall be a permitted use, however". This denies the asumption that the use of the second floor as a residence is permited in C-4 since it is permitted in C-1 and 0-2. 2- Piano Bar use: I counted 3 "booth" tables at the Deli location, 11 tables in the "piano" area, 4 tables on the outside "deck", and 12 stools around the "bar"; there were 4 seats for each of the 18 tables, bringing the total of seats to 72, plus the 12 stools make a grand total of 84 seats. Current regulations require 1 parking space for each 2.5 seats, or 33.6 parking spaces. Owner indicated that the bar opens around 3:00 pm, thus making it impossible to provide enough parking spaces for the bar patrons and the rest of the businesses as well. I counted 37 parking spaces in total all around the site, identified with a wheel stop. [3- The parking spaces are not clearly identified; the ones at the front (9) are paved but too close to each other, making it impossible to meet the minimum size requirements (9' x 18'). The rest (13 in the rear and 15 in the north end) are shell rocked, with the wheel stops not arrenged in logical way making it hard to clearly differenciate one space from another, and even to determine the exact number of spaces; besides, a portion of the parking area is debris covered. No handicapped space is identified. 4- The site has 4 driveways on US-l, 2 in excess of Parking regulations allowance. 5- Lack of perimeter landscaping. Existing parking area landscaping abutting US-1 right-of-way does not comply with the 5 feet wide minimum required by code. The existing material has been planted not in compliance with standard forestry practices and procedures, as required by Cyty ode and as outlined in the "Tree protection manual for builders and developers" issued by the tare of Florida, Division of Forestry. Material has been planted in a ittle space "open" in the paved area large enough to "plug'" the plant, thus leaving the plants unprotected from vehicular traffic. 6- Irrigation is minimal and conventiona, not as required by code: fully automatic. 7- There exists 2 monument signs on site, 1 'n excess of code allowance. 8- Poole's auto detailing sign is on the window; no sign size information is available to determine~'"f~' ,../) s, cod oom ,, no . 9-Car wash use requires environmental review. None has been applied for Poole's. ~~¢[~ '1 , 10- The southernmost poAion of the building seems to be used for a seasonal produce business (Ed's Garden). At this point not enough information is available to determine zoning code compliance, but it is unlikely that parking requirements would be met. 11- No dumpster was identified. B- LACAYE MARKET: this is a lot 108'x 140' fronting on US-l, containing 3 businesses with their corresponding adresses in the HTE system. They are: .812 West Indian Market .814 Temple .818 El Caribeno / market 1- There exists 16 parking spaces, one of them for handicapped. No building size information is available to determine parking code compliance. 2- Dumpster gates are permanently open. Jose ~From: Bob~ch, a k ~Sent: Friday, April 21,2000 3:51 PM ~To: Blasie,S~ott ' /Cc: GuidrY, John ~Subject: CERT Inspections - N. Federal Hwy. Regarding the Code Enforcement Response Team (CERT) inspections of 4-20-00 (attended in my absence by Jim Burt), Please be aware of the following Utilities Department requirements: Item # 1 - Joe's Deli - 907 N. Federal Hwy. A) A reduced pressure principle (RPZ) backflow preventer needs to be installed as the first connection after the water meter, and a copy of an acceptable test report for the unit will be sent to the Utilities Department (annually) (Section 26.207 of the Boynton Beach Code,) B) A suitable oil/grease interceptor needs to be installed and properly maintained. Effluent (downstream) baffle tube MUST be visible from the manhole above it for visual inspection and sampling of the effluent. (Section 26.145 & 26.146 of the Code.) Item # 2 - Ed's Garden Center - 817 N. Federal Hwy. A) A reduced pressure principle (RPZ) backflow preventer needs to be installed as the first connection after the water meter, and a copy of an acceptable test report for the unit will be sent to the Utilities Department (annually) (SeCtion 26.207 of the Boynton Beach Code.) (Due to the variety of businesses there including car detailing) item # 3 & 3A - La Caye Market (8t2) & El Caraibeno (818) - A) A reduced pressure principle (RPZ) backflow preventer needs to be installed as the first connection after the water meter, and a copy of an acceptable test report for the unit will be sent to the Utilities Department (annually) (Section 26.207 of the Boynton Beach Code.) BOYNTON B,r .~,CH POLICE DEF CODE COMPLIANCE DMSION CODE ENFORCEME~NT BO ._A~,D. __CASE PHOTOGRAPHS DATE: kd ' - ~ 'RTMENT ' CASE NUMBER:(? WILLIE d. WEBB ADDRESS: