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Minutes 06-21-00MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, JUNE 21, 2000 at 7:00 P.M. PRESENT Christopher DeLiso, Chair Patti Hammer, Vice Chair Robert Foot Dick Lambert James Miriana Enrico Rossi Sarah Williams ABSENT Thomas Walsh, Alternate Nicholas Igwe, Assistant City Attorney Scott Blasie, Code Compliance Administrator Inspectors: Courtney Cain Luney Guillaume Vestiguerne Pierre I. CALL TO ORDER Chairman DeLiso called the meeting to order at 7:09 p.m. II, APPROVAL OF MINUTES OF MAY 17, 2000 MEETING Chairman DeLiso called for a motion to approve the minutes of the May 17, 2000 meeting. Motion Mr. Foot moved to approve the minutes of the May 17, 2000 meeting, with the following changes: · On Page 27, Mr. Foot requested the addition of the following statement that "we defer to the Commission for scheduling of a meeting and that the meeting might be held in connection with another of their meetings". · Under election of Chairperson, on Page 27, Mr. Foot stated that he would have said, "he finds difficulty with Chairman DeLiso's show of respect for all members of the Board". · On page 28, in the second line, the word "tempted" should be changed to "attempted". Meeting Minutes '- Code Compliance Board Boynton Beach, Florida June 21,2000 Motion seconded by Vice Chair Hammer, which unanimously carded. III. APPROVAL OF AGENDA Chairman DeLiso asked Mr. Blasie if there were any additions or deletions to the Agenda. Mr. Blasie stated that the following deletions should be made to the agenda: Page 7 (Case 00-836), U.S. Department of HUD (removed) Page 15 (Case 00-445), Leon Jenkins (complied) 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 Mr. Foot, 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. V. NEW BUSINESS Chairman DeLiso stated that this Board follows Florida State Statutes and is a quasi-judicial Board. Anyone who would be testifying before the Board must be sworn in. There is a plea system in place and when taking the podium a person should state their name and address. If you feel that a violation does exist on your property, but you need more time for compliance, the Board usually grants the requested time. At that time, you should plead "no contest" and state how much time you need. 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. Once the property complies, you do not need to reappear before this Board. If, however, the property does not comply within the requested time, you would have to reappear before the Board for a fine certification. Chairman DeLiso requested that the Recording Secretary administer the oath to all persons who would be testifying this evening. 2 Meeting Minutes ~ -'~f' Code Compliance Board Boynton Beach, Florida June 21,2000 A. CASES TO BE HEARD Case No. 00-932 Property Address: Violations: Oakwood Assoc. Limited 398 N. Congress Avenue A Chapter 10, Article II, Section 10-31 and 10-2 B.B.C. of Ord.; Ongoing situation with dumpster being overloaded; raw garbage left on the ground; lids continuously broken off with garbage on the ground creating a health hazard; overgrowth and/or debris Inspector Pierre stated the case was originally cited on April 25, 2000 through routine inspection. Service was made by certified mail and Inspector Pierre submitted four photographs into evidence. The City recommends 10 days for compliance and the respondent is present. Mr. R. Daniel Guinsler, 498 Palm Springs Drive, Altamonte Springs, Florida 32701 took the podium and stated that Oakwood Associates Limited is not the owner of the property. Mr. Gensler said he represents the owner of the property and that he has had several discussions with Inspector Pierre. The property in question is a shopping center and the respondent stated that he has increased the pick-ups for the trash, as well as the size of some of the containers. Also, a new contractor will be hired to police the area. Mr. Guinsler pled no contest and said he could correct the situation within ten days. Motion Based on the testimony and evidence presented in Case No. 00-932, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Oakwood Associates Limited is in violation of Chapter 10, Article II, Section 10- 31 and Section 10-2 of the B.B.C. of Ordinances. Mr. Foot moved to order that the respondent correct the violations on or before July 3, 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 E~each Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Lambert. Chairman DeLiso stated that the owner's name of the property must be stated and Assistant City Attorney Igwe requested the respondent to state the correct name of the owner. Mr. Guinsler stated the property owner is Edens & Avant 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 21,2000 Financing II Limited Partnership, 498 Palm Springs Drive, Altamonte Springs, Florida 32701, Suite 100. Chairman DeLiso requested Mr. Foot to amend his motion to cite the correct name of the owner of the property. Mr. Foot moved to amend his motion to indicate that the correct name of the owner is Edens & Avant Financing II Limited Partnership. Amended motion seconded by Vice Chair Hammer and unanimously carried. Chairman DeLiso called for a second on the original motion. Mr. Lambert seconded the original motion and the motion unanimously carried. Mr. Blasie took the podium and stated he would be presenting cases tonight for Inspectors Melillo, Lewis, and Roy, who were not present. Case No. 00-1044 Property Address: Violations: Jessee L. & Dorothy A. Herring 1750 N. Seacrest Blvd. Chapter 15, Article IX-15-120 (D) .lA; Please remove, repair and or register all motor vehicles in your back yard. Mr. Blasie stated Inspector Mike Melillo originally cited the case on April 28, 2000 through routine inspection of the neighborhood. Service was accomplished by certified mail and a photograph of the violation was presented to the Board. Mr. Jessee Herring, 1750 N. Seacrest Boulevard, Boynton Beach took the podium, pled no contest and requested 30 days. Mr. Herring said he had an accident, which prevented him from repairing his motor vehicles. The City agreed to 30 days. Motion Based on the testimony and evidence presented in Case No. 00-1044, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Jessee L. and Dorothy A. Herring are in violation of Chapter 15, Article 1×-15-120 (D) .lA of the City Code of Ordinances. Mr. Lambert moved to order that the respondents correct the violations on or before July 17, 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. Miriana. Motion carried 7-0. 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 21,2000 Case No. 00-578 Property Address: Violations: Ann M. Siegfried & Kevin Fabrizio 121 NE 22naAvenue. Chapter 15, Article IX-15-120 (D) 1, INC., PT 3-LDR, Chapter 2, Section 5. D.1; Please remove old motor, tires, transmission from yard and carport; major car repairs are not permitted in residential area; Also, storage of unlicensed vehicles/ unlicensed trailers are not allowed on residential property; repair fence and permitted shed. Inspector Guillaume stated the property was cited on March 21, 2000 through routine inspection of the neighborhood and service was made by certified mail. Inspector Guillaume presented photographs for review and stated the City is recommending 30 days. Mr. Kevin Fabrizio, 121 NE 22nd Avenue, Boynton Beach took the podium, pled no contest and asked for one day to have his property inspected. Mr. Fabrizio stated that he took care of everything as of today. Ms.' Williams inquired about the repair of the fence and shed and the respondent stated that has been taken care of also. Motion Based on the testimony and evidence presented in Case No. 00-578, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Ann M. Siegfried and Kevin Fabrizio are in violation of Chapter 15, Article IX-15-120 (D) 1, INC., PT3-LDR, Chapter 2, Section 5.D.1 of the City Code of Ordinances. Mr. Lambert moved to order that the respondents correct the violations on or before June 23, 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. 5 Meeting Minutes - Code Compliance Board Boynton Beach, Florida June 21,2000 Case No. 00-556 Property Address: Violations: Raymond & Maria Forastiero 934 Isle Road SBC '97 ED 104.1.1; A building permit is required for the dock that is in the process of being installed. Mr. Blasie presented this case for Inspector Lewis. March 16, 2000 through an anonymous complaint. certified mail. The property was cited on Service was obtained by Mr. Robert Ruffini, 930 Isle Road, Boynton Beach stated he was a neighbor representing the respondents. Mr. Ruffini stated that owners of the property were up north for the summer and as soon as the owners received the notice, they contacted him. Mr. Ruffini stated he had the architect stamp and seal the plans and will be submitting the plans to the Army Corps of Engineers for approval. Mr. Ruffini pled no contest and requested 90 days. Mr. Blasie pointed out that the only work that has been done to date is putting in some pilings. Therefore, the City would agree to 90 days. Motion Based on the testimony and evidence presented in Case No. 00-556, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Raymond and Maria Forastiero are in violation of SBC '97 ED 104.1.1 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. Miriana. Mr. Foot inquired if any materials were on the site and the owner's representative stated everything is either secured or in the garage. Motion carried 7-0. Case No. 99-2854 Property Address: Violations: Fred S. Ross 369 N. Palm Dr. Chapter 15, Article IX-15-120 (D) INC. and 13-16 B.B.C. of Ord; Sod west side of driveway and define driveway; an occupational license is required to rent house. 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 21,2000 Inspector Cain stated the property was originally cited on November 24, 1999 through routine inspection of the neighborhood. The City recommends 30 days and the respondent is present. Mr. Fred Ross, 7402 Prescott Lane, Lake Worth, Florida took the podium stated he was in violation and that he has redefined the driveway. The south side of the driveway is located under a large tree and the grass in that area won't grow. The respondent stated that he has applied for the occupational license, but there are a few items that need to be addressed. The respondent pled no contest and requested 30 days. After discussion it was determined that the compliance date would be 60 days, to which the City agreed. Motion Based on the testimony and evidence presented in Case No. 99-2854, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law that Fred S. Ross is in violation of Chapter 15, Article IX-15-120 (D), INC. and 13-16 B.B.C. of Ordinances. Ms. Williams moved to order that the respondent correct the violations on or before August 14, 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. 00-808 Property Address: Violations: William S. Jenkins 612 NE 7t~' Avenue Chapter 15, Article IX-15-120 (D) 1.E; De-weed front side property and swale; install sod. Inspector Cain presented this case on behalf of Inspector Webb. Inspector Cain stated the property was originally cited on April 7, 2000 through routine inspection of the neighborhood and service was accomplished by certified mail. The City recommends 30 days and the respondent is present. Ms. Elizabeth Renala, 612 NE 7th Avenue, Boynton Beach, Florida took the podium. Chairman DeLiso asked the respondent what her relationship was to the owner and she stated the owner is deceased and she rents the property from one of his children and that she maintains the property. The respondent pled no contest and requested 30 days. She stated that she has performed some of the work and it has taken her a long time since she is doing the work herself. 7 Meeting Minutes -- Code Compliance Board Boynton Beach, Florida June 21,2000 Inspector Cain suggested giving the respondent 60 days to afford her the opportunity to seek assistance from Ms. Sherrod's Department. Chairman DeLiso suggested tabling the case. Mr. Blasie stated it could be tabled until next month and the Board could determine if the respondent has in fact made application to Community Redevelopment. Mr. Foot inquired if the respondent would be eligible for assistance since she is not the owner of the property? Attorney Igwe did not think she would be eligible for aid. Chairman DeLiso inquired when the respondent would be able to get the property in her name and she replied that it still has to go through probate. Chairman DeLiso asked to whom the property was willed and the respondent replied the deceased's three children. Two reside out of state and one lives in Florida. Motion Mr. Miriana moved to table Case No. 00-808 until the Code Compliance Board Meeting to be held on September 20, 2000. Motion seconded by Vice Chair Hammer. Ms. Williams asked who receives the mail and the respondent stated that mail for the deceased owner still comes to the house and she in turn sends it to the deceased's daughter, who is the administrator of the estate. Attorney Igwe inquired if the daughter was aware of this proceeding. The respondent was not sure, but stated the brother knew. Attorney Igwe inquired why he was not present tonight and was informed he was working. Attorney Igwe stated that the respondent might not have authority to act on behalf of the estate. Mr. Lambert inquired why the heirs didn't fix the property themselves and the respondent replied that she is living on the property and is spending her time and money to fix it up. Attorney Igwe stated that the respondent needs a power of attorney to act on behalf of the estate. Chairman DeLiso agreed that the case should be tabled for three months to allow the daughter, who resides out of state, to make application to Community Redevelopment. Attorney Igwe stated that the respondent has no power to act on behalf of the estate and it is up to the Board to determine whether they want to adjudicate the case tonight or to table it. Chairman DeLiso called for a vote on the motion. Motion denied 3 to 4 (Chairman DeLiso, Messrs. Lambert, Rossi, and Ms. Williams dissenting). 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 21,2000 Motion Mr. Lambert moved that Case No. 00-808 be tabled until the Code Compliance Board Meeting to be held on July 19, 2000 with instructions that notification be sent to the proper person. Motion seconded by Mr. Foot. Motion carried 7-0. Case No. 00-849 Property Address: Violations: Lisa J. Summers 502 NW 8th Court Chapter 15, Article IX-15-120 (D) .lB and '120 (D) 1.D; Please sod swale and repair driveway. Inspector Cain presented this case on behalf of Inspector Webb. The case was originally cited on April 12, 2000 through routine inspection of the neighborhood. Service was accomplished by certified mail and the respondent is present. Ms. Lisa Summers, 502 NW 8th Court, Boynton Beach took the podium and pied no contest. Ms. Summers said that she was going to apply for assistance from Community Redevelopment. Ms. Summers pled no contest and requested 60 days, to which the City agreed. Motion Based on the testimony and evidence presented in Case No. 00-849, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law that Lisa J. Summers is in violation of Chapter 15, Article IX-15-120 (D) .lB and 120 (D) 1.D of the City Code of Ordinances. Ms. Williams moved to order that the respondent correct the violations on or before August 14, 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. Case No. 00-855 Property Address: Violations: T.B & Clara E. Hicks 522 NW 5th Street Chapter 15, Article IX-15-120 (D) 1, INC.; Remove weeds from swale and install more shell rock; remove all unregistered and inoperable 9 Meeting Minutes "' Code Compliance Board Boynton Beach, Florida June 2t,2000 vehicles from rear property and all other trash and debris. Inspector Cain presented this case on behalf of Inspector Webb. The property was originally cited on August 12, 2000 and the swale has complied. The other violations still exist. The violation was discovered by routine inspection of the neighborhood and service was accomplished by certified mail. Mr. Gregory Hicks, 522 NW 5th Street, Boynton Beach took the podium, pled no contest and requested 30 days, to which the City agreed. Motion Based on the testimony and evidence presented in Case No. 00-855, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that T.B. and Clara E. Hicks are 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 July 17, 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. B. LIEN PENALTY CERTIFICATION Case #99-374 Kathleen D. Ryan 303 N. Swinton Avenue Delray Beach, FL 33444 2227 SE 3rd Street Mr. Blasie stated that the case was originally cited on March 16, 1999 for violation of the Community Appearance Code. The case was first heard by the Board on August 18, 1999 and no one appeared. A compliance date of September 13, 1999 was set or be fined $25.00 per day. The property is not yet in compliance for 282 days of non-compliance. The case is being presented on behalf of Inspector Roy. Ms. Kathleen Ryan, 303 N. Swinton Avenue, Delray Beach took the podium and pled not guilty. Chairman DeLiso explained that this is a fine certification and tonight's hearing is to determine why the respondent is not in compliance. Ms. Ryan stated that she has gone round and round with staff after she received the notice last July. The respondent stated she spoke with Mr. Roy who had informed her what needed to be done and she made the repairs as requested. 10 Meeting Minutes "' Code Compliance Board Boynton Beach, Florida June 21,2000 After she completed the work, she contacted Mr. Roy who said he checked the property and telephoned her that the property was in compliance. He told the respondent that she did not have to appear at the meeting next month because the property was in compliance. The respondent said she had not heard from anyone in the City until seven months later (in March of this year) when she received notice that her property was not in compliance and that liens were going to be placed on the property. Inspector Roy explained to the respondent that the sod on the south side of the street and the driveway needs repair. Ms. Ryan said she has had difficulty in keeping up with the sod on that side of the property because of an ongoing problem with the garbage from the property next door being strewn on her property. In order to rectify this, the respondent requested to add additional fencing to split her property from the apartment next door. She received approval for the fence on April 17, 2000. She said that she replaced the sprinkler system and put the fence up, repaired the driveway and placed the sod down. She stated she did not hear from Mr. Roy again. She then received a notice from the City that her property was still in violation. She then telephoned Mr. Roy and he informed her that she had violations outstanding since September 17th. The respondent was not aware that there were previous violations on the property since she thought she had been cleared last September. The respondent said that she has done everything that has been requested of her. Chairman DeLiso asked the respondent if she had anything in writing, which would indicate that the property cleared in September, and she stated she did not. Chairman DeLiso informed her that the City would notify her in writing when the property has complied. The respondent stated that she had receipts that would show she completed the work. Mr. Blasie was not sure of the dates after looking in the file if the respondent stated she made the repairs in July of last year. Mr. Blasie suggested that the respondent, Inspector Roy and himself meet to determine what actually happened. Motion Mr. Lambert moved that Case No 99-374 be tabled until the Code Compliance Board Meeting to be held on July 19, 2000. Motion seconded by Ms. Williams. Motion carried 7-0. Case #00-33 Rozia Laine 327 SW 3rd Avenue Inspector Guillaume interpreted for the respondent, Rozia Laine. DeLiso inquired if the respondent was the owner and he stated Chairman DeLiso inquired why the property was not in compliance? Chairman he was. Inspector 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 21,2000 Guillaume said that the respondent told him he was in Haiti for two months because his mother passed away and when he came back from Haiti he did not have a job for nine months. Chairman DeLiso noted that the record indicated that the cars complied. Mr. Blasie stated that the property also needed grass. Mr. Blasie requested Inspector Guillaume explain to the respondent what was taking place and suggested tabling the case for one month. The respondent told Inspector Guillaume that he would replace the grass on Saturday. Motion Mr. Lambert moved that Case No. 00-33 be tabled until the Code Compliance Board Meeting to be held on July 19, 2000. Motion seconded by Ms. Williams. CHAIRMAN DeLISO CALLED FOR A RECESS AT 8:20 P.M. THE MEETING RECONVENED AT 8:30 P.M. LIEN PENALTY CERTIFICATION Case No. 00-239 Henry L. Watson 508 NW 9th Avenue Inspector Cain presented this case on behalf of Inspector Webb. The notice of violation was dated February 3, 2000 for violation of the Community Appearance Code. No one appeared at the Code Compliance Hearing date of April 19, 2000. A compliance date of May 15, 2000 was set or be fined $25.00 per day. The property is not yet in compliance for 37 days of non-compliance. Chairman DeLiso requested that the Recording Secretary administer the oath to the respondent. Mr. Edwin Watson, 508 NW 9th Avenue, Boynton Beach, Florida took the podium. Mr. Watson stated that he has performed all the work that had been requested and the property is in compliance. However, when he called for inspection of the property it was too late for the meeting date. Chairman DeLiso recommended that the case be tabled. Motion Mr. Lambert moved that Case No. 00-239 be tabled until the Code Compliance Board Meeting to be held on July 19, 2000. Motion seconded by Mr. Miriana. Motion carried 7-0. 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 21,2000 C. LIEN REDUCTION Case No. 95-1433 Willie & Virginia Morrell 350 NW 16th Court Inspector Blasie stated that the lien reduction was for two code enforcement liens. Both violations involved failure to renew his occupational license for his lawn service business. Attorney lgwe said that the cases should be heard separately. Mr. Blasie stated that the case was originally cited on March 23, 1995 for non- renewal of occupational license. Mr. Blasie said that people are notified by mail when their licenses must be renewed and Mr. Morrell has a history of not renewing his licenses on time and has been cited five times beginning in 1995. On three occasions he obtained his license after he was mailed a notice to appear before the Board. Therefore the case did not come before the Board because he was in compliance. The other two times resulted in the liens before the Board tonight. The case first came before the Board at its June 21, 1995 meeting and no one appeared. A compliance date of July 10, 1995 was set or be fined $25.00 per day. The respondent applied for and obtained his license on August 24, 1995 for 63 days of non-compliance. The fine in this case is $1,260 plus $730.15 for administrative costs. Attorney Igwe inquired if the property was homestead property and Mr. Blasie indicated that it was. Mr. FoOt asked if the property was now in compliance and Mr. Blasie stated it was and thus was the purpose of tonight's lien reduction hearing. Also, the respondent had some code violations that had to be corrected, Which have now complied. Mr. Willie Morrell, 350 NW 16th Court, Boynton Beach, Florida took the podium and said he was unaware that there were liens on his house until he went to refinance the property and a title search revealed that there were liens on the property. Mr. Morrell said he is no longer trying to refinance his property. Chairman DeLiso asked Mr. Blasie if he has proof of service and Mr. Blasie said that he has the notice to appear for the June 21, 1995 hearing that was signed by Mr. Willie Morrell and delivered on May 24, 1995. Mr. Morrell acknowledged that he did receive this notice. Mr. Foot asked the respondent if he has made provision to keep track when his occupational license must be renewed and noted it must be renewed on October 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 21,2000 1st of every year. Mr. Morrell said he is now taking care of this. Mr. Blasie said since 1995 the respondent has always filed late and paid the penalty for late filing. The records reflect that the respondent never renewed his license until he was notified that he was late. Mr. Foot asked the respondent when he applied for his 1999 occupational license and the respondent did not know. Chairman DeLiso requested that the case be tabled because he felt this was pertinent information and Mr. Blasie said that the 1995 case should be looked at, as well as the respondents' efforts to comply or not comply and his track record. Mr. Blasie did not think when he paid his 1999 occupational license fee would make much difference. Ms. Williams asked how long the respondent has been in business and he stated about 10 years. He stated he was not aware that he needed a license until a few years ago when the city notified him of this. Mr. Morrell said that he did obtain a license when he was informed a few years ago, but did not renew it on time. Mr. Blasie also pointed out that Occupational Licensing also sends out a courtesy notice when a person does not file on time and there are many notices sent out for renewals. Mr. Foot asked how muCh it cost the respondent to appear before this Board tonight and Mr. Blasie said it cost $200 for the first case and $50 for each additional case. Therefore, the respondent spent $250 in application fees to appear before the Board tonight. Mr. Foot would like to see the case tabled to give the respondent an opportunity to show that he filed on time this year in order to have a reason to reduce his fines. Motion Based on the testimony and evidence presented in Case No. 95-1433, and having been advised that the respondents have 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. 95-1433, by virtue of this Board's Order of June 21, 1995, be reduced to $730.15. Motion seconded by Ms. Williams. Motion carried 5-2 (Chairman DeLiso and Vice Chair Hammer dissenting) Case No. 98-58 Willie & Virginia Morrell 350 NW 16th Court Mr. Blasie said that the same facts apply to this case as in the previous case. The case was first brought before the Board on February 18, 1998 and a compliance date of March 16, 1998 was set or be fined $50.00 per day. The property complied on May 6, 1999 for 416 days of non-compliance and at $50.00 14 Meeting Minutes '- Code Compliance Board Boynton Beach, Florida June 21, 2000 per day the fine comes to $20,800 plus administrative costs of $634.12. Mr. Blasie pointed out that the respondent is a habitual violator. Mr. Foot suggested a fine of twice the administrative costs. Motion Based on the testimony and evidence presented in Case No. 98-58, and having been advised that the respondents have 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. 98-58, by virtue of this Board's Order of February 18, 1998, be reduced to twice the administrative costs, or $1,268.24. Motion seconded by Mr. Foot. Motion denied 4-3 (Chairman DeLiso, Vice Chair Hammer, Mr. Miriana and Ms. Williams dissenting). Motion Based on the testimony and evidence presented in Case No. 98-58, and having been advised that the respondents have 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. 98-58, by virtue of this Board's Order of February 18, 1998, be reduced to $634.12. Motion seconded by Ms. Williams. Motion denied 5-2 (Chairman DeLiso, Vice Chair Hammer, Messrs. Foot, Lambert, and Rossi dissenting) Motion Based on the testimony and evidence presented in Case No. 98-58, and having been advised that the respondents have 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. 98-58, by virtue of this Board's Order of February 18, 1998, be reduced to $2,500 which includes administrative costs. Motion seconded by Ms. Williams. Motion carried 5-2 (Chairman DeLiso and Mr. Rossi dissenting). 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 21, 2000 Case No. 00-504 Property Address: Violations: Saintely Bathol 179 SE 27th PL SBC '97 ED 104.1.1 and SBC '94 ED 104.7.2; Building addition, enclosing screen room without permit; secure permits from building department prior to permit issuance. Mr. Blasie presented this case on behalf of Inspector Roy and stated the property was originally cited on March 8, 2000 and service was accomplished by certified mail. Inspector Roy and Mr. Blasie have both corresponded with the respondent and the City recommends 60 days. Motion Based on the testimony and evidence presented in Case No. 00-504, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Saintley Bathol is in violation of SBC '97 ED 104.1.1 and SBC '94 ED 104.7.2 of the City Code of Ordinances. Mr. Lambert moved to order that the respondent correct the violations on or before August 14, 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. 00-631 Property Address: Violations: Tawnya L. & Michael S. McMann 1214 SW 1st Street SBC '97 ED 104.1.1; Unpermitted additions on rear of house; call Building Department on how to proceed to permit the structure. Mr. Blasie presented this case on behalf of Inspector Roy and stated the property was originally cited on March 24, 2000 through a neighborhood complaint. Service was accomplished by certified mail. The City recommends 90 days. Motion Based on the testimony and evidence presented in Case No. 00-631, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 21,2000 law that Tawnya L. and Michael S. McMann are in violation of SBC '97 ED 10~.1.1 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. 00-874 Property Address: Violations: FFCA/IIP Financial Center, owner Grossman Enterprises Corp., tenant David Grossman, tenant 2015 S. Federal Hwy. PT3-LDR, Chapter 4, Section 11, PT3- LDR, Chapter 7.5-11, Section 5.B., Property must be maintained per plans permitted by City of Boynton Beach. Mr. Blasie presented this case on behalf of Inspector Roy and stated the property was originally cited on April 17, 2000 through a complaint from a neighbor. Service was made by certified mail. Mr. Grossman is working hard towards compliance and the record should reflect that he is wheelchair bound and lives in Boca Raton and is currently in Chicago receiving treatment. Mr. Blasie stated most of the property has been brought into compliance and Inspector Roy recommended 60 days. Motion Based on the testimony and evidence presented in Case No. 00-874, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that FFCA/IIP Financial Center, Grossman Enterprises, Corp. and David Grossman are in violation of PT3-LDR, Chapter 4, Section 11 and PT3-LDR, Chapter 7.5-11, Section 5.B of the City Code of Ordinances. Mr. Lambert moved to c If ti' per ord arr[ Mol Mo rder that the respondents correct the violations on or before August 14, 2000. e respondents do not comply with this Order, a fine in the amount of $25.00 day, plus administrative costs shall be imposed. The respondents are further ~red to contact the City of Boynton Beach Code Compliance Division to ~nge for reinspection of the property to verify compliance with this Order. ion seconded by Mr. Foot. ion carried 7-0. 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 21,2000 Case No. 00-551 Property Address: Violations: Robert B. Moffie 111 SW 11th Avenue. Chapter 15, Article IX-15-120 (D) 1, INC., SBC '97 ED 104.1.1 and 13-16 B.B.C. of Ord.; Please obtain a rental occupational license for the single family home; the non-permitted fence that has deteriorated needs to be removed or a new permitted fence may be installed; all weeds and overgrowth need to be cut. Mr. Blasie stated that the property was originally cited by Inspector Lewis on March 15, 2000 through a neighborhood complaint. Service was made by posting and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-551, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Robert B. Moffie is in violation of Chapter 15, Article IX-15-120 (D) 1, INC., SBC '97 ED 104.1.1 and 13-16 B.B.C. of Ordinances. Mr. Lambert moved to order that the respondent correct the violations on or before July 17, 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. 00-831 Property Address: Violations: Derek S. & Carmen K. Doherty 1012 SE 3rd Street Chapter 15, Article IX-15-120 (D) 1, INC.; Please mow and de-weed overgrown property; all trash, debris and inoperative autos need to be removed; grass needs to be planted on the south side of the driveway. Mr. Blasie stated that Inspector Lewis originally cited the property on April 11, 2000 through routine neighborhood inspection. Service was obtained by posting and the City recommends 30 days. 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 21,2000 Motion Based on the testimony and evidence presented in Case No. 00-831, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Derek S. & Carmen K. Doherty are 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 respondents correct the violations on or before July 17, 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. Mr. Foot inquired if them any hurricane hazards and Mr. Blasie stated from looking at the photographs there does not appear to be any. Motion carried 7-0. Case No. 00-1146 Property Address: Violations: Hidden Brook Corp. 601 S. Federal Highway Chapter 15, Article IX-15-120 (D) INC.; Please mow and trim overgrown landscaping; vacant needs to be mowed also. all lot Mr. Blasie presented this case on behalf of Inspector Lewis who originally cited the property on May 4, 2000 through routine inspection of the neighborhood. Service was made by posting and the City recommends 15 days. Motion Based on the testimony and evidence presented in Case No. 00-1146, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Hidden Brook Corp. 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 respondents correct the violations on or before July 12, 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. 19 Meeting Minutes ...... Code Compliance Board Boynton Beach, Florida June 21,2000 Case No. 00-126 Property Address: Violations: Gerda Carlson & Linnea C. Gleim 2321 NE 4th Court Section 10-52 B.B.C. of ORD.; please have vehicle in rear yard registered or remove it. Inspector Cain stated the case was originally cited on January 21, 2000 through routine inspection of the neighborhood. Service was accomplished by certified mail and the City recommends 10 days. Motion Based on the testimony and evidence presented in Case No. 00-126, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Gerda Cadson and Linnea C. Gleim are in violation of Section 10-52 B.B.C. of Ordinances. Mr. Lambert moved to order that the respondents correct the violations on or before July 12, 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. 00-442 Property Address: Violations: Alvin L. & Cynthia R. Daniels 3171 Grove Road Chapter 15, Article IX-15-120 (D), Inc., Section' 10-2 and 10-52 B.B.C. of ORD.; please remove all trash and debris; repair fence; vehicles must be registered with the State of Florida. InspectOr Cain stated that the property was originally cited on March 2, 2000 through routine inspection of the neighborhood. Service was obtained by posting and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-442, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Alvin L. and Cynthia R. Daniels are in violation of Chapter 15, Article IX- 15-120 (D), Inc., Section 10-2 and 10-52 B.B.C. of Ordinances. Mr. Lambert moved to order that the respondents correct the violations on or before July 17, 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 20 Meeting Minutes Code Compliance Board BoyntOn Beach, Florida June 21, 2000 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. Mr. Foot asked if there were any safety hazards on the property? Inspector Cain said there were none. Motion carried 7-0. Case No. 00-550 ProPerty Address: Violations: Luce Briseus 2621 NE 4th Street Chapter 15, Article IX-15-120 (D) .lA Inc.; keeping appliances in rear yard is not allowed; please remove all appliances. Inspector Cain stated that the case was originally cited on March 14, 2000 through a neighborhood complaint. Service was accomplished by posting and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-550, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Luce Briseus 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 July 17, 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. 00-993 Property Address: Violations: Pierre A. Burnette 3184 Ocean Parkway PT3-LDR, Chapter 20-VIII, Section I.G; vacant house; house is unsecured; please secure to meet City Code. Inspector Cain stated that the respondent is a repeat violator and was before the Board last month on a different violation. The case was originally cited on April 27, 2000 through routine inspection of the neighborhood. Service was 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 21,2000 accomplished by certified mail and staff is requesting that the Board render an order in this case pursuant to Boynton Beach Code of Ordinances Chapter 2, Article V, Section 2-79 to recommend to the City Commission that the City will abate the nuisance by making all reasonable repairs to bring the property into compliance and charge the violator for the cost of repairs, along with the fines incurred for the case. The City recommends 30 days. Mr. Foot inquired if the structure was unsecured and was informed that it was. Mr. Lambert suggested 10 days with $100 per day fine. Motion Based on the testimony and evidence presented in Case No. 00-993, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Pierre A. Burnette is in violation of Code Sections PT3-LDR, Chapter 20-VII, Section 1.G of the City Code of Ordinances. Mr. Foot moved that the Board render an order in this case pursuant to the Boynton Beach Code of Ordinances Chapter 2, Article V, Section 2-79 to recommend to the City Commission that the City abate the nuisance by making all reasonable repairs to bring the property into compliance and charge the violator for the cost of the repairs along with the fines incurred for this case. If the Respondent does not comply with this Order by July 3, 2000, a fine in the amount of $100.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton E~each Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Ms. Williams. Motion carried 7-0. Case No. 99-2579 Property Address: Violations: Joseph L. Nowell Estate 304 NW 11th Avenue Chapter 15, Article IX-15-120 (D) 1, INC.; Install sod in yard and swale and keep mowed; remove all loose trash and debris; trim trees and remove unused trailer. Inspector Cain presented this case on behalf of Inspector Webb. The case was originally cited on October 12, 1999. Inspector Cain stated that the trees and remove trailer have complied. City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-2579, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 21, 2000 law that Joseph L. Nowell Estate 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 July 17, 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. 99-2849 Property Address: Violations: Santos Valverde 421 NW 2nd Street Chapter 15, Article IX-15-120 (D) 1.D and 120 (D) 1.H; Sod needed in yard and swale. Inspector Cain stated that the case was originally cited on November 24, 1999 through routine neighborhood inspection. Service was accomplished by certified mail and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-2849, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Santos Valverde is in violation of Chapter 15, Article IX-15-120 (D) 1.D and 120 (D) 1.H of the City Code of Ordinances. Mr. Lambert moved to order that the respondent correct the violations on or before July 17, 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. 00-544 Property Address: Violations: Francis McLeod 319 NW 4th Street Chapter 15, Article IX-15-120 (D) 1, INC., 120 (E) 2C, Sections 13-16 and 15-16 B.B.C. of ORD.; Sod all bare areas in yard; repair wooden pillar to prevent overhang from falling (will cause bodily harm), replace all windows; occupational license is 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 21,2000 needed for rental property; street number must be visible from the adjacent street. Inspector Cain stated the case was originally cited on March 13, 2000 through a citizen complaint. Service was accomplished by posting and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-544, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Santos Valverde is in violation of Chapter 15, Article IX-15-120 (D) 1, INC., Section 13-16 and 15-16 B.B.C. of Ordinances. Mr. Lambert moved to order that the respondent correct the violations on or before July 17, 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. Vice Chair Hammer inquired about the pillar and was informed that the pillar has complied. Motion carried 7-0. Case No. 00-553 Property Address: Violations: Garnsey-Hall Enterprises, Inc. North Federal Highway Sections 10-2 and 10-3 B.B.C. of ORD; Vacant lots 27, 28, 29 NE 2nd Avenue, East of Federal Highway; refrigerators, stoves, hot water heaters and other discarded trash and debris must be disposed of. Mr. Blasie reported that this is property owned by Janet Hall and is part of the Marina Project. The City is in the process of negotiating an agreement with Ms. Hall whereby the City would go onto the property and perform the necessary work. This is the area located at the end of Boynton Beach Boulevard at the Intracoastal and has been a dumping ground for years. Mr. Blasie recommended tabling the case until the next meeting. 24 Meeting Minutes ~-~ Code Compliance Board Boynton Beach, Florida June 21,2000 Motion Mr. Foot moved that Case No. 00-553 be tabled until the Code Compliance Board Meeting to be held on July 19, 2000. Motion seconded by Mr. Miriana. Motion carried 7-0. Case No. 00-692 Property Address: Violations: Ralph Eccles 518 NE 2nd Street Chapter 15, Article IX-15-120 (D) t.D; Install sod in all bare areas in yard. Inspector Cain stated the property was originally cited on March 28, 2000 through routine inspection of the neighborhood. Service was accomplished by certified mail and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-692, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Ralph Eccles is in violation of Chapter 15, Article IX-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 July 17, 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. 00-784 property Address: Violations: Sidney and Jurrell Hollis 605 NW 2nd Street Chapter 15, Article IX-15-120 (D) 1.E and 120 (D) I.H; Install sod in yard and remove dead tree from property. Inspector Cain stated the case was originally cited on April 5, 2000 through routine inspection of the neighborhood. Service was accomplished by certified mail and the City recommends 60 days. Motion Based on the testimony and evidence presented in Case No. 00-784, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Sidney and Jurrell Hollis are in violation of Chapter 15, Article IX-15-120 25 Meeting Minutes J Code Compliance Board Boynton Beach, Florida June 21,2000 (D) 1.E and 120 (D) 1.H of the City Code of Ordinances. Mr. Lambert moved to order that the respondents correct the violations on or before August 14, 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. 00-786 Property Address: Violations: Leola Pearson 412 NW 4th Avenue Chapter 15, Article IX-15-120 (D) 1, INC.; install sod in yard; remove all loose trash and debris; remove unregistered or inoperable vehicles. Inspector Cain stated that the casewas originally cited on April 5, 2000 through routine inspection of the neighborhood. Service was accomplished by certified mail and the City recommends 30 days: Motion Based on the testimony and evidence presented in Case No. 00-786, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Leola Pearson 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 July 17, 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 Msl Williams. Motion carried' 7-0. Case No. 00-851 Property Address: Violations: Luis A. and Deidre A. Benitez 505 NW 8th COUrt Chapter 15, Article IX-'15-120 (D) 1.D; please sod swale area. Inspector Cain stated the property was originally cited on April 12, 2000 through routine inspection of the neighborhood. Service was accomplished by certified mail and the City recommends 30 days. 26 Meeting Minutes ' Code Compliance Board Boynton Beach, Florida June 21, 2000 Motion Based on the testimony and evidence presented in Case No. 00-851, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Luis A. and Diedre A. Benitez are in violation of Chapter 15, Article IX- 15-120 (D) 1.D. of the City Code of Ordinances. Mr. Lambert moved to order that the respondents correct the violations on or before July 17, 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 7-0. Case No. 00-856 Property Address: Violations: Richard P. Parsons 435 W. Boynton Beach Blvd. Chapter 15, Article IX-15-120 (D) .lA, 120 (D) I.E and 13-16 B.B.C. of ORD.; sod all bare areas in front and side property; remove unlicensed or inoperable vehicle; an occupational license is required for rental property. Inspector Cain stated the case was originally cited on April 13, 2000 through routine inspection of the neighborhood. The vehicle has complied, but the other violations still exist. Service was accomplished by certified mail and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-856, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Richard P. Parsons is in violation of Chapter 15, Article IX-15-120 (D) .lA, 120 (D) 1.E, and Section 13-16 B.B.C. of Ordinances. Mr. Lambert moved to order that the respondent correct the violations on or before July 17, 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. 27 Meeting Minutes --~ Code Compliance Board Boynton Beach, Florida June 21, 2000 LIEN PENALTY CERTIFICATIONS (tabled) Case #99-1863 Jerry McAdoo 201NW7th Avenue 434 NW~h Avenue Boynton Beach, FL 33435 Inspector Cain stated the property was originally cited on July 28, 1999. No one appeared at the Code Compliance Board Hearing date of November 17, 1999. A compliance date of February 14, 2000 was set or be fined $25.00 per day. The property complied on June 15, 2000, for 121 days of non-compliance. Chairman DeLiso reminded the Board that this case involved permitting and it was tabled because of miscommunications. Inspector Cain stated that the respondent now has received his license and permit. Mr. Blasie pointed out that the property was cited last July and is not sure why it took the respondent nine or more months for compliance. Mr. Blasie reviewed the repairs that the respondent performed on the property and members discussed the length of time it took for compliance. Motion Based on the testimony and evidence presented in Case No. 99-1863, Mr. Foot moved that this Board find, as a matter of fact, that the respondent, Jerry McAdoo, was in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1 .A, 1.E, SBC '94 ED 104.1.1 and Section 13-16 of the B.B.C. of ORD. subsequent to the date of compliance specified in this Board's Order of November 17, 1999, 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 amount of $634.12 for administrative costs. Mr. Lambert seconded the motion. Motion carried 4-3 (Chairman DeLiso, Mr. Miriana and Ms. Williams dissenting). Case No. 00-125 Fredericka Dixon 2407 NE 4th Court 4222 51st Street West Palm Beach, FL 33407 Inspector Cain stated the notice of violation was dated January 21, 2000 for violation of the Community Appearance Code. No one appeared at the Code Compliance Board hearing of April 19, 2000 and a compliance date of May 15, 2000 was set or be fined $25.00 per day. 28 Meeting Minutes - ~ Code Compliance Board Boynton Beach, Florida June 21,2000 Motion Based on the testimony and evidence presented in Case No. 00-125, and having considered the gravity of the violations, the actions taken by the respondents, and any and all previous violations committed by the respondent, Mr. Lambert moved that this Board find that Fredericka Dixon has violated this Board's prior Order of April 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 respondent comes into compliance or until a judgment is entered, based upon this certification of fine. Motion seconded by Vice Chair Hammer. Mr. Foot inquired if the respondent was aware of the case and Attorney Igwe pointed out that the City has to assume that the respondent received her mail. Inspector Cain stated he had contact with the respondent and she is aware of the case. Motion carried 7-0. CaSe No. 00-128 Roberto Martinez 2633 NE 4th Street Inspector Cain stated the property was originally cited on January 21, 2000 for violation of the Community Appearance Code. No one appeared at the Code Compliance Board Hearing date of April 19, 2000 and a compliance date of May 15, 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. 00-128, 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 Roberto Martinez has violated this Board's prior Order of April 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 respondent comes into compliance or until a judgment is entered, based upon this certification of fine. Motion seconded by Mr. Foot. Mr. Foot inquired if there has been any contact with the respondent and Inspector Cain said there was none. Motion carried 7-0. CaSe No. 00-425 Cafer & Hulya Ayaz 515 NW 48t~ Avenue Delray Beach, FL 33445 2640 NE 3rd Street 29 Meeting Minutes '~' ..... Code Compliance Board Boynton Beach, Florida June 21,2000 Inspector Cain stated the property was originally cited on February 29, 2000 for final inspections for permit required. No one appeared at the May 1.7, 2000 Code Compliance Board Hearing date and a compliance date of June 1, 2000 was set or be fined $25.00 per day. The property complied on June 16, 2000 for 14 days of non-compliance. The City recommends no fine. Mr. Blasie pointed out the case involved not having a final inspection because there was no ladder at the job for the inspector to climb up to the roof. The job had been completed and once the inspector got on the roof, the case complied. Motion Based on the testimony and evidence presented in Case No. 00-425, Ms. Williams moved that this Board find, as a matter of fact, that the respondent, Cafer and Hulya Ayaz were in violation of Code Section SBC '94 ED 104.6.1 of the City Code of Ordinances, 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. Motion carried 7-0. Case No. 00-171 William D. Millette 5 Misty Laurel Circle Inspector Guillaume stated the property was cited on January 25, 2000 for permit intent. No one appeared at the April 19, 2000 Code Compliance Board hearing date. A compliance date of May 15, 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. 00-171, 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 William D. Millette has violated this Board's prior Order of April 19, 2000 and this Board ~mpose and certify a fine in the amount of $25.00 per day plus administrative costs, which shall continue to accrue until the respondent comes into compliance or until a judgment is entered, based upon this certification of fine. Motion seconded by Mr. Rossi. Motion carried 7-0. 3O Meeting Minutes ~ Code Compliance Board Boynton Beach, Florida June 21,2000 Case No. 00-172 Marlene Israel 2620 NE 3rd Court Inspector Guillaume stated the property was cited on January 25, 2000 for final inspections required. NO one appeared at the Code Compliance Board Hearing date of April 19, 2000. A compliance date of May 15, 2000 was set or be fined $25.00 per day. The property complied on May 30, 2000 for 14 days of non- compliance. The City recommends no fine. Mr. Foot inquired why the City was recommending no fine and Inspector Guillaume replied that the violation on the property was before the new owner purchased the property. Motion Based on the testimony and evidence presented in Case No. 00-172, Mr. Lambert moved that this Board find, as a matter of fact, that the respondent, Marlene Israel was in violation of Code Section SBC '94 ED 104.6.1 of the City Code of Ordinances, subsequent to the date of compliance specified in this Board's Order of April 19, 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. Ms. Williams seconded the motion. Motion carried 7-0. Case No. 99-3069 L.D. ,Terry 3111 Rucks Dairy Road Okeechobee, FL 34974 170 Ocean Pkwy Inspector Guillaume stated the property was cited on December 29, 1999 for violation of the Community Appearance Code and occupational license required. No one appeared at the Code Compliance Board Hearing date of February 16, 2000 and a compliance date of May 15, 2000 was set or be fined $50.00 per day. The property complied on June 16, 2000 for 31 days of non-compliance. Mr. Lambert inquired if the work could have been completed within the compliance date and was informed that it could have. Inspector Guillaume stated that the respondent had to complete a great deal of work on the property. Mr. Foot inquired what the City was recommending and Inspector Guillaume pointed out that the respondent was a repeat violator. 31 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 21,2000 Motion Based on the testimony and evidence presented in Case No. 99-3069, Mr. Lambert moved that this E~oard find, as a matter of fact, that the respondent, L.D Terry was in violation of Code Section Chapter 15, Article IX-15-120 (D), Inc. and Section 13-16 of the B.B.C. of Ordinances, subsequent to the date of compliance specified in this Board's Order of February 16, 2000. Mr. Lambert moved that this Board find that the respondent failed to comply with this Board's Order, and that this E~oard impose and certify a fine in the amount of $634.15 for administrative costs. Vice Chair Hammer seconded the motion. Chairman DeLiso pointed out that the City did not expend the $250.00 filing fee and only spent $384.12 for the inspections. Mr. Blasie pointed out that it may still be necessary for the City to file a lien. Motion carried 7-0. Case No. 00-117 Publix Super Markets, Inc. Cio Real Estate Tax Dept. P.O. Box 407 Lakeland, FL. 33802 5500 Park Ridge Blvd. Mr. Blasie stated the property was cited on January 20, 2000 for inspections required for an alarm system. The case first came before the Board on April 19, 2000 and no one appeared. A compliance date of May 5, 2000 was set or be fined $25.00 per day. The property has not complied. Mr. Blasie said he received a telephone call over a month ago from Publix Supermarkets and they informed him that they were still testing the system. Mr. Blasie told Publix that the only thing remaining was a final inspection by an electrical inspector to verify that the system has been properly connected. This has not been done to date. Motion Based on the testimony and evidence presented in Case No. 00-117, 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 Publix Super Markets, Inc. has violated this Board's prior Order of April 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 respondent comes into compliance or until a judgment is entered, based upon this certification of fine. Motion seconded by Mr. Rossi. Motion carried 7-0. 32 Meeting Minutes '- Code Compliance Board Boynton Beach, Florida June 21, 2000 Case #00-318 George & Dawn McCray 30 NW 16th Court Mr. Blasie stated the case was originally cited on February 14, 2000 for violation of the Community Appearance Code. No one appeared at the Code Compliance Board Hearing date of April 19, 2000. A compliance date of May 15, 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. 00-318, 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 George and Dawn McCray have violated this Board's prior Order of April 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 respondent comes into compliance or until a judgment is entered, based upon this certification of fine. Motion seconded by Mr. Midani. Mr. Foot inquired if there has been any contact with the respondent and Mr. Blasie stated none according to the file. Motion carded 7-0. Case No. 00-209 Ernest Kitching 1106 SE 1st Street Mr. Blasie stated the case was originally cited on January 28, 2000 for violation of the Community Appearance Code. No one appeared at the April 19, 2000 Code Compliance Board Hearing date and a compliance date of May 15, 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. 00-209, 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 Ernest Kitching has violated this Board's prior Order of April 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 respondent comes into compliance or until a judgment is entered, based upon this certification of fine. Motion seconded by Ms. Williams. Motion carried 7-0. 33 Meeting Minutes -- Code Compliance Board Boynton Beach, Florida June 21,2000 Case No. 99-2799 Timothy & Earlene Ham P.O. Box 1473 Merritt Island, FL 32952 524 NW 9th Avenue Inspector Cain stated that the property was cited on November 17, 1999 for violation of the Community Appearance Code and Occupational License required. No one appeared at the February 16, 2000 Code Compliance Board Hearing date. A compliance date of April 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. 99-2799, 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. Foot moved that this Board find that Timothy & Eadene Ham have violated this Board's prior Order of February 16, 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. Motion seconded by Mr. Midana. Motion carried 7-0. Case No. 99-2850 Barbara Robbins 233 NW 5th Court Inspector Cain stated the property was cited on November 24, 1999 for violation of the Community Appearance Code. No one appeared at the March 15, 2000 Code Compliance Board Hearing date. A compliance date of April 17, 2000 was set or be fined $25.00 per day. The property has not yet complied. Mr. Foot inquired if there has been contact with the respondent. Inspector Cain was not certain since this is Inspector Webb's case. Motion Based on the testimony and evidence presented in Case No. 99-2850, 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 Barbara Robbins has violated this Board's prior Order of March 15, 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. Motion seconded by Ms. Williams. 34 Meeting Minutes ~ Code Compliance Board Boynton Beach, Florida June 21, 2000 Motion carried 7-0. Case #00-175 William & Julia Boule 409 NW 6th Avenue Boynton Beach, FL 33435 544 NW 13th Ave. Inspector Cain stated the property was originally cited on January 25, 2000 for violation of occupational license required. No one appeared at the March 15, 2000 Code Compliance Board Hearing date. A compliance date of April 17, 2000 was set or be fined $50.00 per day. The property has not yet complied. Motion Based on the testimony and evidence presented in Case No. 00-175, 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 William & Julia Bouie have violated this Board's prior Order of March 15, 2000 and this Board impose and certify a fine in the amount of $50.00 per day plus administrative costs, which shall continue to accrue until the respondent comes into compliance or until a judgment is entered, based upon this certification of fine. Motion seconded by Vice Chair Hammer. Motion carried 7-0. Case No. 00-258 James Scerba 814 NW 4th Avenue Inspector Cain stated the property was originally cited on February 4, 2000 for violation of the Community Appearance Code. No one appeared at the Code Compliance BOard Hearing date of April 19, 2000. A compliance date of May 5, 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. 00-258, 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 James Scerba has violated this Board's prior Order of February 4, 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. Mr. Foot inquired if the pool was a safety hazard and Inspector Cain reported that the pool has a fence and is secured. 35 Meeting Minutes ~' Code Compliance Board Boynton Beach, Florida June 21,2000 Motion seconded by Mr. Miriana. Motion carried 7-0. Case No. 00-312 Dorothy Andrews 417 NW 13th Ave. Inspector Cain stated the property was cited February 10, 2000 for violation of the Community Appearance Code. The respondent did appear at the Code Compliance Board Hearing date of April 19, 2000. A compliance date of May 15, 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. 00-312, 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 Dorothy Andrews has violated this Board's prior Order of April 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 respondent comes into compliance or until a judgment is entered, based upon this certification of fine. Motion seconded by Mr. Miriana. Motion carried 7-0. Case No. 00-368 Lucio & Maria Garcia P.O. Box 6972 Lake Worth, FL 33466 519 N. Seacrest Blvd. Inspector Cain stated that the property was cited on February 23, 2000 for violation of the Community Appearance Code. The respondent did appear at the Code Compliance Board Hearing date of April 19, 2000. A compliance date of May 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. 00-368, 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 Lucio and Maria Garcia have violated this Board's prior Order of April 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 respondents come into compliance or until a judgment is entered, based upon this certification of fine. Motion seconded by Ms. Williams. Motion carried 7-0. 36 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 21,2000 D. FORECLOSURES Motion Case No. 99-447 Case No. 99-464 Case No. 99-498 Case No. 99-1847 Case No. 99-2176 Case No. 99-1157 Case No. 99-2099 Case No. 99-2474 Case No. 99-1888 Case No. 99-2444 Case No. 99-2510 Barbara Bass Ernestine Waters Larry Adams Joseph & Marie Luma Michelet & Renose Louis Riverwalk Plaza Joint Venture Russell Case Tonessa Larocque Lagene Adler & Julme Lionel Job Sylvain & Josette Bouchard Gertrude Jea n-Ba ptiste Mr. Foot moved that the above cases listed on tonight's Agenda be forwarded to the City Attorney's Office for foreclosure. Motion seconded by Mr. Lambert. VII. ADJOURNMENT Mr. Lambert moved to adjourn the meeting, seconded by Vice Chair Hammer. The meeting property adjourned at 10:00 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (3 tapes) 37