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Minutes 09-21-05 MINUTES OF THE CODE COMPLIANCE BOARD REGULAR MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON WEDNESDAY, SEPTEMBER 21, 2005 AT 7:00 P.M. Present Michele Costantino, Chairperson Kathy Cook, Vice Chair Kathleen Carroll Chris DeLiso (left 9 p.m.) Bob Foot Lisa Simshauser Richard Yerzy, Alternate David Tolces, Board Attorney Scott Blasie, Code Administrator Code Officers: Courtney Cain Luney Guillaume Skip Lewis Richard Laverdure Mike Melillo Vestiguerne Pierre Pete Roy Willie Webb I. Call to Order Chairperson Costantino called the meeting to order at 7:07 p.m. II. Approval of Minutes - August 17,2005 and August 5,2005 Table Mr. Foot moved to table the minutes until Ms. Springer arrived. Ms. Simshauser seconded the motion that passed 7-0. III. Approval of Agenda Sr. Code Officer Webb stated that page 3 had been removed (05-1713); pages 7 (05-1933), 8 (04-2790), 11 (05-1561), and 14 (05-1858) had complied. Motion Vice Chair Cook moved to approve the agenda, as amended. Mr. Foot seconded the motion that passed 7-0. IV. Swearing in of Witnesses and Introduction Attorney Tolces explained the hearing procedures and swore in the people who planned to speak. V. New Business Sr. Code Officer Webb called the roll to determine who was present. The cases where the people are present are heard first. A. Cases to be Heard Meeting Minutes Code Compliance Board Boynton Beach, Florida September 21, 2005 Case No. 05-1308 Property Address: Violation: Douglas Schnell 655 S.W. 1st Avenue CH15-ART.IX-15-120 (D) 1 INC, FBC '01 ED BBA 104.1.1 Permit required for sheds in rear yard. Clean back yard of discarded or derelict items, blocks, ladders, junk, wood, awning. Code Officer Cain reported this property was originally cited on June 16, 2005 as a result of a citizen complaint. The property owners were given 30 days to comply. Notice was given by posting the property on September I, 2005. Code staff believed the items in the yard presented safety hazards. Doug Schnell, 655 S.W. 1st Avenue, pled no contest. He was joined at the podium by Natalie Willoughby of the same address. Code Officer Cain showed photographs to Mr. Schnell, Ms. Willoughby, and the board. It was Mr. Schnell's contention that he had already done almost everything in the citation. He and Ms. Willoughby felt the majority of the junk was gone from the yard. One of the items was a generator in a trailer that Mr. Schnell takes to and from work every day. The shed was there before they bought the house. Some of the other pictures showed things in his truck on his way to the dump. He had not fixed an awning from last year's hurricane yet. Code Officer Cain said the property was still in violation. The Respondents were advised to work with Code Officer Cain and the City's Building Department to learn what more they had to do to bring about compliance. Motion Based on testimony and evidence presented in Case #05-1308, Mr. Deli so moved this board find that Douglas Schnell is in violation of the City of Boynton Beach Code sections as cited, and move to order that the Respondent correct the violations on or before October 21, 2005. The board has considered the gravity of the violations, the actions taken by the Respondent, and all previous violations by the Respondent and hereby order that if the Respondent does not comply with this order, a fine in the amount of $50 per day for each day the violation continues past October 21, 2005 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this order. Ms. Carroll seconded the motion that passed 7-0. Case #05-1730 Property Address: Violation( s): Armenian Cultural Association of America 850 W. Boynton Beach Boulevard 10-2 BBC of Ord. Remove downed trees and mow lot. Trim back all Florida Holly or remove. Raise canopy of all trees to 10 feet. Code Officer Cain reported this violation surfaced as a result of a routine inspection. The initial date of the citation was July 29, 2005. A written notice was sent by certified mail on August 9, 2005. The green card was signed, but there was no date on it. The violations constitute a hurricane hazard. Vahram Danielian, 3000 N. Ocean Drive, 26D, Singer Island, pled no contest. He was out of the country when he received the violation. He plans to build on the property and was following the contractor's advice not to cut the trees now because they would grow very fast. The contractor 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 21, 2005 suggested waiting until the permits were approved to clear the property and start the construction. They would be leaving a certain number of trees at the request of the City Forester. Motion Based on testimony and evidence presented in Case #05-1730, Vice Chair Cook moved this board find that the Armenian Cultural Association of America is in violation of the City of Boynton Beach Code sections as cited, and move to order that the Respondent correct the violations on or before November 20, 2005. The board has considered the gravity of the violations, the actions taken by the Respondent, and all previous violations by the Respondent and hereby order that if the Respondent does not comply with this order, a fine in the amount of $25 per day for each day the violation continues past November 20, 2005 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this order. The motion was duly seconded and passed 7-0. Case #05-1228 Property Address: Violation(s}: N. Tiruvalam and R. Thanisetty 35 Meadows Park Lane ART. XVIII SEC.3, FBC '01 ED BBA 104.1.1 Swimming pool barrier Code Officer Laverdure reported this violation was reported through a citizen's complaint The property was originally cited on June 13, 2005. A pool barrier was installed without a permit. They were given 15 days to comply on the notice dated August 31, 2005. The Respondents have a contractor under contract to install the pool barrier, and have been in constant contact with the contractor and the city, but the contractor had not been able to get out to their house to do the job. They had installed orange contractor type netting with posts to provide a temporary barrier. This was a brand new case and they had never appeared before the board. Naharaja Tiruvalam, 35 Meadows Park Lane, explained that the usual pool barrier had been destroyed in the hurricanes in 2004. He explained his efforts to get the contractor to do the job. Motion Based on testimony and evidence presented in Case #05-1228, Vice Chair Cook moved this board find that N. Tiruvalam and R. Thanisetty are in violation of the City of Boynton Beach Code sections as cited, and move to order that the Respondents correct the violations on or before November 20, 2005. The board has considered the gravity of the violations, the actions taken by the Respondents, and all previous violations by the Respondents and hereby order that if the Respondents do not comply with this order, a fine in the amount of $50 per day for each day the violation continues past November 20, 2005 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this order. Mr. Foot seconded the motion that passed 7-0. Case #05-1934 Property Address: Violation( s}: Elisha D. Harris 416 N.E. 12th Avenue CHI5-ART.IX-15-120 (D) INC, PT 3 LOR CH 2, SECT 4.N and 5.F.l Stop repairing motor vehicles in a residential zoning district. Remove unregistered and inoperable motor vehicles from property. Remove all outside storage and all trash from yard. Sr. Code Officer Melillo reported this violation was a rental property with evidence of car repairing in the yard. The violation was a result of a citizen's compliant. The initial inspection was on August 12, 2005. This is not a repeat violation but the property had been cited five times in three years. 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida september 21, 2005 Elisha D. Harris, 2944 Bolton Court, West Palm Beach, pled no contest. He had repeatedly told the tenant to stop repairing cars, but he did not recall that there were five different occasions. He lives in West Palm Beach and is not at the property that often. The property is rented out to a City employee. He sought guidance about the best way to handle this. He thought eviction might be necessary since he did not want to pay fines for someone else's actions. The board made it very clear to Mr. Harris that he would be held responSible for his tenant's actions. They also emphasized that repairing cars in a residential zone was completely prohibited. Motion Based on testimony and evidence presented in Case #05-1934, Vice Chair Cook moved that a Cease and Desist Order be issued giving Elisha D. Harris until October 1, 2005 to bring the violations of City of Boynton Beach Code Sections as cited into compliance. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that a fine in the amount of $250 per occurrence of the violation thereafter shall be imposed upon the Respondent. Mr. Foot seconded the motion that passed 7-0. Attorney Tolces asked the board to consider amending the motion to include the words, "plus administrative costs" in reference to the fine. Motion Vice Chair Cook amended the motion in Case #05-1934 to add the phrase, "$250 (plus administrative costs) per occurrence of the violation." Mr. Foot agreed to the amendment, seconding the motion that passed 7-0. Case #05-1724 Property Address: Violation( s): James Lewis 411 S.E. 20th Court CH15-ART.IX-15-120 (D) INC, 20-7 BBC of Ord Remove all debris off back yard. Boat must be parked on a hard surface. Remove unregistered/inoperable vehicles. Also, remove boat from swale. Code Officer Pierre reported that this property had been cited before, but when Mr. Lewis bought the property from his family, the old case was closed and Mr. Lewis was cited for the violations. James Lewis, 411 S.E. 20th Court, pled no contest and asked for 30-45 days to come into compliance. He said he just needed to get the boat in the back yard and do the swaJe. Code Officer Pierre said that Mr. Lewis had plenty of time to correct the violations before he was re-cited. He chose not to. Code Officer Pierre showed pictures to Mr. Lewis and the board. Chair Costantino asked Mr. Lewis why the violations had not been taken care of earlier. The boat was still there because he did not have the gate done yet. It would cost $750 to put in the gate and he did not have the money for it. He would move the little table in the pictures into the back yard this weekend. He was on a dead-end road and did not believe the violations were bothering anyone. Mr. Lewis commented he was refinancing the house and in two weeks would have enough money to take care of everything. Motion Based on testimony and evidence presented in Case #05-1724, Mr. DeLiso moved this board find that the James Lewis is in violation of the City of Boynton Beach Code sections as cited, and move to order that the Respondent correct the violations on or before October 6, 2005. The board has considered the gravity of the violations, the actions taken by the Respondent, and all previous violations by the Respondent and hereby order that if the Respondent does not comply with this order, a fine in the amount of $75 per day 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida september 21, 2005 for each day the violation continues past October 6, 2005 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this order. Mr. Foot seconded the motion that passed 7-0. Case #05-1955 Property Address: Violation( s): Southern Homes of Palm Beach LLC 3103 S. Federal Highway 104.6 BBA to FBC '01, FBC '01 ED 105.6 and 104.5 Permit will expire in 15 days if no inspections have passed. Obtain required inspections and contact Glen Steg in the Building Division at 742-6355 to resolve. Code Officer Pierre reported that this was a Red Tag from the Building Department. George Ruiz, Construction Manager for Southern Homes, 8937 S.W. 49th Court, Cooper City, and a local office at 3103 South Federal Highway, the location of the violation, pled no contest. On September 8 the wall was inspected and a notation was made that the wall extended beyond the east end location as shown on the site survey. He had been looking for the site survey. He got a copy from the City and he could not see that there was a violation in his examination of the wall. They called for resinspection and paid the fee on September 16. He had a site plan tie-in survey done and he would turn this in for the inspection tomorrow. He hoped this would rectify the situation. Motion Based on testimony and evidence presented in Case #05-1955, Vice Chair Cook moved this board find that the Southern Homes of Palm Beach LLC is in violation of the City of Boynton Beach Code sections as cited, and move to order that the Respondent correct the violations on or before October 1, 2005. The board has considered the gravity of the violations, the actions taken by the Respondent, and all previous violations by the Respondent and hereby order that if the Respondent does not comply with this order, a fine in the amount of $25 per day for each day the violation continues past October 1, 2005 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this order. Ms. Carroll seconded the motion that passed 7-0. Case #05-2198 Property Address: Violation( s): Yves Hubert 725 N. Federal Highway FBC '01 ED BBA 104.1.1 Cease work on opening and secure opening until permits are secured to close opening per engineering drawings. Pete Roy, Code and Rehab Inspector, reported this violation had come to light through a citizen's complaint and the City's Building Department. The initial inspection date was September 16, 2005. The violation was installing an overhead door without a permit. The original written notice was issued on September 19, 2005 giving one day to comply. An amended version of the citation was presented to the Respondent on September 19. The first citation was delivered on September 16, but the Code previously referenced was incorrect. Mr. Hubert is a repeat violator with three other violations of the same Codes. The City recommended 10 days for compliance. Yves Hubert, 7280 West Palmetto Park Road, Boca Raton pled not guilty. He acknowledged he owned the property in question. He had been cited for cutting an opening in the front of his building in order to install a new garage door without a permit, but this was not a fair or adequate assessment of the repair work that Mr. Gall, the Building Inspector, observed on September 15. He was in the process 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 21, 2005 of securing his premises and safeguarding his property after an accident with a forklift on September 15 that shattered the front of the building and left his building without defense to break-ins and possible storm damage from Hurricane Rita. He had no choice but to act immediately to preserve the structure. On September 16, 2005, he went with Dennis Tippin, a consultant, to apply on an emergency basis for a building permit. He spoke with Don Johnson of the Building Department, who referred him to Mike Rumpf of the Planning & Zoning Division. After speaking with Mike Rumpf, both Mr. Tippin and Mr. Hubert understood that given the immediacy of the circumstance, he was permitted to do whatever he could to secure his premises and safeguard his property without further delay. On September 16, he was issued a citation to stop work. He did stop work, boarded his building with plywood, and worried that it was unsound and that roof was no longer properly supported. Many years ago a train went through the building and a repair was done with a cold joint on the structure of the building with visual cracks on it. That is why he installed something to make sure the roof did not cave in. On September 17, he discovered the plywood did not protect the building from a break-in. He had to call the Police to report vandalism and theft from the property. By September 18, the Weather Bureau was cautioning a tropical storm might develop into a hurricane that could threaten Palm Beach County. He did what he had to do by completed the urgently needed repair using the material he had available to him to secure his building before the storm hit. He did not know what else he could have done in the circumstances. Chair Costantino noted it sounded like Mr. Hubert was permitted to do what he had done. Code Inspector Roy said he was allowed to make temporary repairs to patch up the hole, but he went a step further and did, in fact, install an overhead door and a new header. Mr. Hubert stated the new header was installed because it was a concrete slab roof and it had cracked on the top and it was no longer safe to have a cracked header. When he talked to Scott Blasie, he felt he had permission to do whatever he had to do to secure the building. Attorney Tolces swore in Mr. Blasie and others who had come to the meeting late. Scott Blasie said that he talked to Mr. Hubert and Mr. Tippin and was with Mike Rumpf and they had pictures showing an opening in the wall. He informed Messrs. Hubert and Tippin they had every right to secure the building. He did, however, make it clear they were going to have to fix the opening and make it meet Code and that they would receive a citation. He advised them that he would still be held accountable for a permit and repairing the damage. Vice Chair Cook thought that the way to correct the citation would be to properly apply for the permit necessary for that overhead door. Mr. Blasie said that was correct. In addition, he thought the overhead door would be considered a major site plan modification and would have to go through the appropriate procedures and board approvals also. Mr. Rumpf mentioned that in the aforesaid meeting in Mr. Blasie's and Mr. Hubert's presence. Vice Chair Cook asked how much time would be involved in all of that. Mr. Blasie said that under the circumstances, he doubted that approval would be granted. Mr. Hubert already has some liens on the property for Code violations. Also, he understood that the City was not in favor of overhead doors fronting on major thoroughfares such as this one, although Mr. Hubert could certainly apply for approval. Mr. Hubert commented that plywood was not 175 mph windproof. He had checked the Code for emergency repairs and the Code did not provide any emergency repairs. Mr. Blasie said the City did not know that the overhead door met any particular wind load either, because there was no permit. Mr. Hubert said he was supposed to install the door on the back of the building and it was not put on yet and to protect the building, this was the best way he had to close up the opening for rain, theft, and wind. Attorney Tolces said Mr. Hubert could put the property back into the condition it was in prior to that and this could probably be done within 30 days. Mr. Blasie concurred. Mr. Hubert felt it would take six months for the appeal and the permit. It would also be a major expense to block the hole and take the door down. Attorney Tolces said it was not the board's job to tell him how 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 21, 2005 to come into compliance. The board was trying to tell him that he did not have to go through an appeal process to put the blocks back up the way they were before the incident occurred. If he chose afterwards to go ahead and modify the site plan and apply for a variance or appeal, that would be his choice. In regard to paperwork on emergency repairs, Mr. Hubert was advised to discuss this with the Building Department. The board was ready to make a motion and did not feel the need of further testimony. Dennis Tippens, 917 Lake Avenue, Lake Worth, architect, was sworn in and proceeded to testify. He said he had known Mr. Hubert for three years and understood the City's desire to make U.S. 1 more attractive. Mr. Hubert had this property for over ten years and zoning had changed. He reiterated everything Mr. Hubert had already brought up and said they had tried to do the right thing and it was not fair. They tried to repair the accident to the building in the face of a threatening storm. There was no procedure or paperwork. It was just like New Orleans. Motion Based on testimony and evidence presented in Case #05-2198, Mr. Foot moved this board find that the Yves Hubert is in violation of the City of Boynton Beach Code sections as cited, and move to order that the Respondent correct the violations on or before October 21, 2005. The board has considered the gravity of the violations, the actions taken by the Respondent, and all previous violations by the Respondent and hereby order that if the Respondent does not comply with this order, a fine in the amount of $250 per day for each day the violation continues past October 21, 2005 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this order. Vice Chair Cook seconded the motion that passed 7-0. Chair Costantino reminded the Respondent of his right to appeal this decision and ask that it be heard before the City Commission. Case #05-1744 Property Address: Violation( s): Mariano &. Juanita Avila 2851 N. Seacrest Boulevard CH15-ART.IX-15-120 (D) 1 INC, PT 3, LOR, CH2, SEC 6.B.2, CH 20, SEC 8 E-16 Install 4-inch house numbers that can be seen from the City right-of-way. Sod all bare areas. Repair driveway and remove all outside storage from public view. Sr. Code Compliance Officer Webb reported this violation resulted from a routine inspection. The initial inspection date was August 1, 2005. The Respondent was given 30 days to come into compliance. Mariano and Juanita Avila, 2851 N. Seacrest Boulevard, pled no contest. He believed he had very little left to do to comply with the violation. Code Officer Webb showed pictures of the property to the Avilas and to the board. He stated the outside storage was still a problem. The carport contained a number of things that should be stored from public view. The Avilas did not agree. Also, there was still no house number on the home. The grass had complied. Mr. Avila stated he had put the 4-inch house number on this afternoon. The board suggested 5 days for compliance, and asked Code Officer Webb to return to the property to verify compliance and let him know the result. 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 21, 2005 Motion Based on testimony and evidence presented in Case #05-1744, Mr. Foot moved this board find that Juanita and Mariano Avila are in violation of the City of Boynton Beach Code sections as cited, and move to order that the Respondents correct the violations on or before September 26, 2005. The board has considered the gravity of the violations, the actions taken by the Respondents, and all previous violations by the Respondents and hereby order that if the Respondents do not comply with this order, a fine in the amount of $25 per day for each day the violation continues past September 26, 2005 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this order. Vice Chair Cook seconded the motion that passed 7-0. Case #05-1396 Property Address: Violation(s): Antonia Maxi 147 S.E. 10th Avenue CH15-ART.IX-1-120 (D) 1 INC, 10-3 BBC of ORD, CH 20 SEC 8 E-16 Remove unregistered and inoperable vehicles on property. Remove all outside storage that would cause a hurricane hazard. Install four-inch house numbers on house that are visible from the adjacent street. Code Officer Laverdure reported this property received a violation on June 23, 2005 as a result of a routine inspection of the neighborhood. The homeowner was given 30 days to comply. It was necessary to post the property on August 31, 2005. Pictures were shown to the Respondent and to the board. Code Officer Laverdure noted one of the vehicles had been removed but an old truck was still there, covered up. There was also debris on the side of the yard and the fence was leaning down, almost to the ground. There were awnings and plywood in the yard that present a hurricane hazard. He had spoken to Ms. Maxi, who had promised to bring the property into compliance by September 23, 2005. Antonia Maxi, 147 S.E. 10th Avenue, pled no contest. Attorney Tolces swore her in as she was not present earlier. Code Inspector Guillaume translated for Ms. Maxi. It was felt that 10 days would be ample time to bring the property into compliance. Motion Based on testimony and evidence presented in Case #05-1396, Vice Chair Cook moved this board find that the Antonia Maxi is in violation of the City of Boynton Beach Code sections as cited, and move to order that the Respondent correct the violations on or before October 1, 2005. The board has considered the gravity of the violations, the actions taken by the Respondent, and all previous violations by the Respondent and hereby order that if the Respondent does not comply with this order, a fine in the amount of $25 per day for each day the violation continues past October 1, 2005 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this order. Ms. Simshauser seconded the motion that passed 7-0. VI. Old Business A. Lien Penalty Certifications (Tabled) Case #05-212 Jonis Elusme &. Marie M. Auguste 404 W. Ocean Avenue Code Officer Guillaume reported this property had initially been cited on January 27, 2005 for a permit and inspection requirement for a garage enclosure. A Code Compliance Board hearing was held on May 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 21, 2005 18, 2005 and Jonis Elusme appeared. The board set a compliance date of June 17, 2005 and proposed a fine of $50 per day. The property came into compliance on August 10, 2005, for 53 days of non- compliance. The City recommended "no fine." Motion Based on testimony and evidence presented in Case #05-212, Mr. Foot moved this board find that the Respondents have complied with the Board's Order dated May 18, 2005 and having considered the gravity of the violations, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $0.00 including administrative costs. Ms. Carroll seconded the motion that passed 7-0. Case #05-5S7 Erix A. Alvarez 130 S.E. Sth Avenue Code Officer Guillaume reported this property had been cited on March 17, 2005 for electrical issues related to fire damage. A Code Compliance Board hearing was held on April 20, 2005 and no one appeared. The Board set a compliance date of May 20, 2005 and proposed a fine of $25 a day. The property came into compliance on August 17, 2005 for 88 days of non-compliance. Erix Alvarez, 130 S.E. Sth Avenue, appeared with a translator, and pled not guilty. He misunderstood the Board's order and thought he had six months to complete everything. This was the first time something like this had happened to him. Chair Costantino advised him that the plea phase was past and the Board was considering whether or not to certify the fine. Motion Based on testimony and evidence presented in Case #05-587, Mr. DeLiso moved this board find that the Respondent has complied with the Board's Order dated April 20, 2005 and having considered the gravity of the violations and the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $0.00 including administrative costs. Ms. Carroll seconded the motion that passed 7-0. B. Lien Penalty Certifications - New Case #05-112 Victor B. &. Joan Shahid 204 S.E. 2nd Avenue Code Officer Guillaume reported this property had been cited on January 12, 2005 for an occupational license requirement and for violations of the Community Appearance Code. A Code Compliance Board hearing was held on July 20, 2005 and no one appeared. The Board set a compliance date of August 19, 2005 and proposed a fine for non-compliance of $75 per day. The violation still exists, for 32 days of non- compliance. Victor Shahid, 204 S.E. 2nd Avenue, said if any letters were sent to him, they were sent to the wrong address. They were sent out of state to where his ex-wife was living. He just received the notice in the mail from her. He had planted grass seed because when he went to the agency suggested to him for help, he was told the City was not doing this any more since it was no longer in the budget. Code Officer Guillaume said the property was posted. The Board ascertained that Mr. Shahid lived in the house and was not renting it. Mr. Shahid said he did not need an occupational license because he was not renting the house. Code Officer Guillaume showed pictures to the Respondent and to the Board, saying the vehicles were no longer on the property. Also, Mr. Shahid had taken care of the grass violation with grass seed and it was in acceptable condition. In one of the pictures a falling-down fence was shown. Mr. Shahid said that he had not been required to fix the fence as part of this citation. Code Officer Guillaume said there were still pieces of debris in the back yard - pieces of broken fence and garbage. Mr. Shahid said his back yard was closed and could not be accessed. When advised Code 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 21, 2005 Officer Guillaume had taken the pictures from outside the fence, Mr. shahid said he would have had to go to his next-door neighbor's property to take a picture. Mr. shahid said he needed about ten pieces of wood to fix the fence and the board advised him he had to get a permit. This was discussed. Mr. Blasie said if he were taking down the existing fence and putting another one up, he would need a permit. Mr. Blasie suggested bringing the fence back to the board. He agreed with Code Officer Guillaume that the rotting pieces of fence were debris. The board felt it was a hurricane hazard. Mr. Shahid said he had two sections of fencing to replace the broken section of the fence. He just had to take out the old posts, which had rotted out, and put in new posts. Mr. Foot suggested tabling this case until the October 19 meeting to allow clarification between the City and the Respondent about the fence. Mr. Blasie suggested Mr. Shahid speak to Code Officer Guillaume and if he came to the City, Mr. Blasie would take him over to the Building Department and show them the pictures and what had to be done. Mr. Deli so asked Mr. Blasie if it were true that the City was no longer helping people with sod through the Community Improvement Division. Mr. Blasie did not know what the situation was when he applied. Motion Mr. Foot moved to table Case #05-112 to the October 19, 2005 Code Compliance Board meeting. Ms. Carroll seconded the motion that passed 7-0. Case #05-188 B &. G LLC 317 N.E. 10th Avenue Sr. Code Officer Melillo reported that this property had been cited on January 26, 2005 for permits for windows, outside installation of washers, occupational license, and outside storage. A Code Compliance Board Hearing was held on May 18, 2005 and Mr. Dan Busser appeared on behalf of B & G LLC. The Board set a compliance date of August 16, 2005 and proposed a fine for non-compliance of $25.00 a day. The property came into compliance on September 21, 2005 for 35 days of non-compliance. The May 18, 2005 order was the second order. The first one was given on July 14, 2005 and it had complied. This company had not been before the board before. Scott Gervais, partner in B &. G LLC, 317 Martin Luther King Boulevard, appeared. He explained that he had a hard time finding contractors to do the work. Sr. Code Officer Melillo agreed this had been the case. Mr. Gervais had tried to work hard and stay in communication with the City on this. He apologized it took so long to get the work done. Motion Based on testimony and evidence presented in Case #05-188, Mr. Foot moved this board find that the Respondent has complied with the Board's Order dated May 18, 2005 and having considered the gravity of the violations and the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $0.00 including administrative costs. Ms. Carroll seconded the motion that passed 7-0. Mr. DeLisa left the meeting at 9:00 p.m. Case #05-881 Rosa C. Sakir 670 South Road Sr. Code Officer Melillo reported this property had received a notice of violation on April 28, 2005 for permits required for front roof and porch, repair fence, remove outside storage, install grass in bare spots in front. The Code Compliance Board met on July 20, 2005 and no one appeared. The Board set a compliance date of August 19, 2005 and proposed a fine of $50 per day for non-compliance. The violation still exists, for 32 days of non-compliance. 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 21, 200S Ralph DeVita, 676 South Road, appeared for Rosa Sakir. Mr. DeVita lives in the house and was its former owner. The Board accepted Mr. DeVita's affirmation that he was present on behalf of Ms. Sakir, but reminded him that she would still be responsible for whatever the Board decided. Mr. DeVita apologized for the delay, saying he had been trying to get permits for the roof but the process was ongoing. He was to bring in the application again tomorrow and hoped to get the permit. They had changed from the permitted flat deck roof to a gable roof without a permit. The hurricane last fall damaged the gable, and now it had to be fixed. Sr. Code Officer Melillo said he had kept in touch, but was having a hard time getting the permit. Motion Based on the testimony and evidence presented in Case #05-881, Ms. Simshauser moved that this Board find that the Respondent has not complied with this Board's Order dated July 20, 2005, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $50 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that passed 6-0. Case #OS-1383 W.J. &. Kathleen H. Perry 602 N.W. Sth Street Pete Roy, Code and Rehab Inspector, reported that this property had been cited on June 23, 2005 for violations of the Community Appearance Code. A Code Compliance Board hearing was held on August 17, 2005 and no one appeared. The Board set a compliance date of August 27, 2005 and proposed a fine for non-compliance of $75.00 per day. The violation still exists for 24 days of non-compliance. The vehicles and trash are still present. Walter Perry, 602 N.W. Sth Street, said he had not received notice of this violation. When advised the property was posted, Mr. Perry thought his wife or daughter might have taken the posting down before he saw it. Mr. Perry is a roofer and stated that the shingles were for his job and they were not trash. He was informed that he would have to find a place to store them out of public sight. Also, they were hurricane hazards at present. Inspector Roy showed pictures to the Respondent and to the Board. Chair Costantino informed Mr. Perry that while he might have an occupational license, it did not give him permission to store his work materials in his yard. Motion Based on the testimony and evidence presented in Case #05-1383, Ms. Simshauser moved that this Board find that the Respondent has not complied with this Board's Order dated August 17, 2005, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $75 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that passed 6-0. The meeting recessed at 9: 15 and resumed at 9:22 p.m. VII. Lien Reduction Case #03-2160 Richard D. Zolnay 168 S.E. 31st Avenue 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 21, 2005 Scott Blasie reported that the property owner at the time of the original citation was Richard Zolnay, and the new property owner is Mr. Lippman, represented by Bobby Rivera. The original citation date was July 29, 2003 for violations of the Community Appearance Code. The property was in very poor condition. Mr. Blasie showed pictures to Mr. Rivera and to the Board. The case came before the Board on December 17, 2003 and no one appeared. A date for compliance was set as January 1, 2004 and a fine of $25 per day was set for non-compliance. The property came into compliance on August 2, 2005 for 578 days of non- compliance. The records indicate that Mr. Lippman purchased the property in October of 2004. The property had improved considerably and looked even nicer than the pictures. Bobby Rivera, 725 Nathan Hale Road, West Palm Beach, said his associate, Mr. Lippman, had purchased the property in foreclosure and put $20-30K into fixing it up. It was Mr. Lippman's intention to sell the property, not rent it. They were unaware of the liens when they bought the property. Mr. Foot asked Attorney Tolces if the lien ran with the property in this situation - the new owner is bound by what happened under former ownership? Was the lien "lost" after the bankruptcy? Mr. Blasie believed they had checked this out with Legal and the response was that the City's lien was recorded before the foreclosure took place. To the extent that the City was not included in the foreclosure, the City's lien would not be foreclosed out. The name was not familiar to Attorney Tolces and he handles foreclosure cases for the City. If the City had received a complaint on its lien, he would have filed an answer. Mr. Blasie looked at the Final Summary Judgment of Foreclosure, saying it was recorded August 5, 2004. The lis pendens was filed earlier and, therefore, the City was not named. Attorney Tolces believed that the City's lien was probably still valid, but he would have to examine the Court file to be certain. Mr. Blasie detailed all the improvements the owner had made to the interior and exterior of the home. Motion Based on the testimony and evidence presented in Case #03-2160, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board reduce the fines instituted in Case #03-2160, by virtue of this Board's Order of December 17, 2003, to an amount of $922.21, including Administrative costs. Ms. Carroll seconded the motion that passed unanimously. Case #03-1941 Daniel R. Fuchs 329 N.W. 7th Court Scott Blasie reported that this property had been cited on June 27, 2003 for permit and inspections required for carport enclosure. A Code Compliance Board hearing was held on August 20, 2003 and no one appeared. A date for compliance of September 19, 2003 was established, along with a proposed fine for non-compliance of $25 per day. The property complied on February 8, 2005 for 507 days of non- compliance. A contractor hired by Mr. Fuchs pulled a permit but due to a parting of the ways, the contractor had the permit voided. Mr. Blasie showed photographs to the Respondent and to the Board. Daniel Fuchs, 329 N.W. 7th Court, appeared, saying that he had transformed the property he also owned across the street from a disaster to a "doll house." He briefly explained his dealings with the contractor that led to the permit being voided. He had also gone through an unexpected divorce that was financially devastating. He obtained a permit and did everything according to the Code. The house was beautiful, and it had taken all of his money to make it so. Motion Based on the testimony and evidence presented in Case #03-1941, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Vice Chair Cook moved that this Board reduce the fines instituted in Case #03-1942, by virtue of this Board's Order of August 20, 2003, to an amount of $730.15, including Administrative costs. Ms. Carroll seconded the motion. 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 21, 2005 Chair Costantino called for a Roll Call vote. The Recording Secretary polled the vote and the motion passed 5-1, Mr. Yerzy dissenting. Case #05-598 David Edery S.W. 3rd Street (vacant lot) Scott Blasie reported that this property had been cited on March 18, 2005 for overgrowth on a vacant lot including trash and debris. The Code Compliance Board met on May 18, 2005 and no one appeared. The Board set a compliance date of May 28, 2005 and proposed a fine for non-compliance of $50 per day. The property came into compliance on August 25, 2005 for 88 days of non-compliance. There was a problem with the address when the property was cited, probably explaining the lack of response to the violation. David Edery, 8089 S. Lakeside Place, Lantana, reiterated the problem with the Property Appraiser's designation of his address. When he finally got notice at his correct address, he arranged to take care of the violations in a timely manner. He explained that he was putting in several homes in this area and that the perimeter of this lot was surrounded by sewer work that had to be done, rendering the vacant lot somewhat inaccessible. After further discussion, the Board decided to rescind the fine for this violation. Motion Based on the testimony and evidence presented in Case #05-598, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Vice Chair Cook moved that this Board rescind the fine instituted in Case #05-598, by virtue of this Board's Order of May 18, 2005, and that the lien imposed by that Order be released. Ms. Carroll seconded the motion that passed 6-0. Case #03-3218 Kevin &. Kristin Lawton 1220 Isle Court Scott Blasie reported that this property had been cited on December 8, 2003 for a permit and inspection requirement for a carport enclosure. The Code Compliance Board met on January 19, 2005 and no one appeared. The Board set a compliance date of February 18, 2005 and proposed a fine for non-compliance of $25 per day. The property came into compliance on September 20, 2005 for 213 days of non- compliance. The public records of Palm Beach County indicate that Mr. and Mrs. Lawton signed a warranty deed for the property on October 22, 2003. The Lawtons inherited a carport that had been done without benefit of permit or inspections by the City. The Lawtons managed to put the property back into its original condition, a remarkable feat in itself. He said the Lawtons had been very cooperative. Kevin Lawton, 1220 Isle Court, said they had purchased a house with a third bedroom that had to be removed, making the house much smaller than it was. The Lawtons spent about $7K to demolish the carport enclosure. He indicated the carport had been enclosed years previously. The former owner was cited on the day the Lawtons closed on their house. They got a notice mailed from the City on that day. Vice Chair Cook commented it had taken the Lawtons a year to take care of the violation. Mr. Lawton responded that it had been a matter of getting the money together to pay someone to knock down the enclosure. Motion Based on the testimony and evidence presented in Case #03-3218, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Ms. Carroll moved that this Board rescind the fine instituted in Case #03-3218, by virtue of this Board's Order of January 19, 2005, and that the lien imposed by that Order be released. Mr. Foot seconded the motion that passed 6-0. 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 21, 2005 Mr. Lawton was advised that the lien would be released and that he could go to the Building Department to pursue the rebuilding of the carport with the property permit and inspections. V. New Business Cases to be Heard - continued Case #05-1768 Property Address: Violation( s): Josephine Daffin 315 NW. 10th Avenue CH15-ART.IX-15-120 (D) INC, 10-2 of BBC of ORD. Remove all trash and debris and all unregistered cars. Mow property and maintain per City Code. Code and Rehab Inspector Pete Roy reported that this property was cited on August 3, 2005 as a result of a routine inspection. The homeowner was given 10 days to comply. The notice was sent by certified mail on August 17, 2005 and the card was signed and returned on the same day. Ms. Daffin had been to see Inspector Roy and he had explained to her the potential consequences of having repeated violations. Josephine Daffin, 315 N.W. 10th Avenue, pled guilty and asked for 30 days. A person was supposed to buy it and he had not come back to look at it. Inspector Roy stated that if she could get rid of the trash and debriS and cut the hedges, he did not have a problem with the car, since it is off to the side. He needed Ms. Daffin to agree that she would do these things, and she did so agree. Motion Based on testimony and evidence presented in Case #05-1768, Mr. Foot moved this board find that Josephine Daffin is in violation of the City of Boynton Beach Code sections as cited, and move to order that the Respondent correct the violations on or before October 21, 2005. The board has considered the gravity of the violations, the actions taken by the Respondent, and all previous violations by the Respondent and hereby order that if the Respondent does not comply with this order, a fine in the amount of $50 per day for each day the violation continues past October 21, 2005 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this order. Vice Chair Cook seconded the motion that passed 6-0. During this portion of the meeting, consideration is given to cases on which the homeowners are not present to testify. Case #05-1703 Property Address: Violation( s): Church of God at Boynton Beach 1015 Old Boynton Road PT3-LDR-CH2. SEC 5.C.l Outside storage not allowed in R1AA zone. Remove all trucks and trailers. Code Officer Cain indicated the City recommended 10 days for compliance. Motion Based on testimony and evidence presented in Case #05-1703, Vice Chair Cook moved this board find that Church of God at Boynton Beach is in violation of the City of Boynton Beach Code sections as cited, and move to order that the Respondent correct the violations on or before October 1, 2005. The board has considered the gravity of the violations, the actions taken by the Respondent, and all previous 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 21, 200S violations by the Respondent and hereby order that if the Respondent does not comply with this order, a fine in the amount of $100 per day for each day the violation continues past October 1, 2005 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this order. Ms. Carroll seconded the motion that passed 6-0. Case #OS-1728 Property Address: Violation( s): Aaron J. &. Genevieve Eller 31 Vista Del Rio FBC '01 ED BBA 104.1.1, and 10S.6 Permit and inspections required on hurricane-damaged roof addition dry ceiling. Code Officer Cain stated the City recommended a compliance date of October 6, 2005. Motion Based on testimony and evidence presented in Case #05-1728, Vice Chair Cook moved this board find that Aaron J. & Genevieve Eller are in violation of the City of Boynton Beach Code sections as cited, and move to order that the Respondents correct the violations on or before October 6, 2005. The board has considered the gravity of the violations, the actions taken by the Respondents, and all previous violations by the Respondents and hereby order that if the Respondents do not comply with this order, a fine in the amount of $25 per day for each day the violation continues past October 6, 2005 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this order. Ms. Simshauser seconded the motion that passed 6-0. Case #OS-190S Property Address: Violation( s): Lesly Alcide &. Marie Dort 609 W. Ocean Avenue CH1S-ART.IX-1S-120 (B).l & (D).INC Remove debris from swale including asphalt, limbs and trash. Bring back swale to its original shape. Code Officer Cain stated the City recommended a compliance date of October 6, 2005. Motion Based on testimony and evidence presented in Case #05-1905, Ms. Simshauser moved this board find that Lesly Alcide and Marie Dort are in violation of the City of Boynton Beach Code sections as cited, and move to order that the Respondents correct the violations on or before October 6, 2005. The board has considered the gravity of the violations, the actions taken by the Respondents, and all previous violations by the Respondents and hereby order that if the Respondents do not comply with this order, a fine in the amount of $50 per day for each day the violation continues past October 6, 2005 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this order. Ms. Carroll seconded the motion that passed 6-0. Case #OS-S26 Property Address: Violation(s): G. and Emily Caliendo 916 S.E. 1st Street CH1S.ART.IX-1S-120 (D) llNC Remove all trash and debris. Repair or replace driveway. Repair or replace fence. Install sod in yard. Code Officer Guillaume stated the City recommended a compliance date of October 21, 2005. 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 21, 2005 Motion Based on testimony and evidence presented in Case #05-526, Vice Chair Cook moved this board find that G. and Emily Caliendo are in violation of the City of Boynton Beach Code sections as cited, and move to order that the Respondents correct the violations on or before October 21, 2005. The board has considered the gravity of the violations, the actions taken by the Respondents, and all previous violations by the Respondents and hereby order that if the Respondents do not comply with this order, a fine in the amount of $25 per day for each day the violation continues past October 21, 2005 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this order. Ms. Carroll seconded the motion that passed 6-0. Case #05-1546 Property Address: Violation(s): James P. Cogswell 137 S.E. 8th Avenue CH15-ART-IX-15-120 (D) 1.B De-weed and re-rock swale Code Officer Guillaume stated the City recommended a compliance date of October 1, 2005. Motion Based on testimony and evidence presented in Case #05-1546, Ms. Simshauser moved this board find that James P. Cogswell is in violation of the City of Boynton Beach Code sections as cited, and move to order that the Respondent correct the violations on or before October 1, 2005. The board has considered the gravity of the violations, the actions taken by the Respondent, and all previous violations by the Respondent and hereby order that if the Respondent does not comply with this order, a fine in the amount of $25 per day for each day the violation continues past October 1, 2005 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this order. Ms. Carroll seconded the motion that passed 6-0. Case #05-1675 Property Address: Violation(s): DSS Properties, Inc. 728 Casa Loma Boulevard FBC '01 ED BBA 104.1.1, PT3-LDR- CH22.SEC7-N-l Repair roadway adjacent to seawall in a manner that provides for the public's safety and welfare. Laurinda Logan, Engineering Division Code Officer Guillaume indicated the City suggested tabling the case until the November 16, 2005 Code Compliance Board meeting. Motion Ms. Simshauser moved to table Case #05-1675 to the Code Compliance Board meeting on November 16, 2005. Vice Chair Cook seconded the motion that passed 6-0. Case #05-1836 Property Address: Violation(s): Boynton Ventures I LLC 211 S. Federal Highway 10-2 BBC of ORD, PT3-LDR.CH2.SEC.4.J.l Mow overgrown grass and weeds. Trim hedges. Remove all dead palm trees including trash and debris. 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 21, 200S Code Officer Guillaume reported the address of the property owner as 3050 Aventura Boulevard, Miami, FI 33180. The City recommended a compliance date of October 21, 2005. The palm trees have been removed. Motion Based on testimony and evidence presented in Case #05-1836, Vice Chair Cook moved this board find that Boynton Ventures I LLC is in violation of the City of Boynton Beach Code sections as cited, and move to order that the Respondent correct the violations on or before October 21, 2005. The board has considered the gravity of the violations, the actions taken by the Respondent, and all previous violations by the Respondent and hereby order that if the Respondent does not comply with this order, a fine in the amount of $50 per day for each day the violation continues past October 21, 2005 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this order. Ms. Carroll seconded the motion that passed 6-0. Case #OS-1973 Property Address: Violation(s): Boynton Ventures I LLC East Ocean Avenue FBC'Ol 104.6 Permit #04-S410. Remove temporary fence in 10 days. Contact the Building Division. Code Officer Guillaume stated that the City recommended a compliance date of October 21, 2005. Vice Chair Cook said the original order gave the property owner 10 days to comply. Inspector Guillaume said that only the fence post was left. The property is next to 502 E. Ocean Avenue. Chair Costantino thought 30 days was a long time to take out a fence post. Motion Based on testimony and evidence presented in Case #05-1973, Vice Chair Cook moved this board find that Boynton Ventures I LLC is in violation of the City of Boynton Beach Code sections as cited, and move to order that the Respondent correct the violations on or before October 6, 2005. The board has considered the gravity of the violations, the actions taken by the Respondent, and all previous violations by the Respondent and hereby order that if the Respondent does not comply with this order, a fine in the amount of $50 per day for each day the violation continues past October 6, 2005 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this order. Ms. Simshauser seconded the motion that passed 6-0. Case #OS-13SS Property Address: Violation(s): Christiane Francois 399 SE 4th Street/412 S.E. 4th St. CH1S-ART.IX-1S-120 (D) llNC Sod yard, mow vacant lot at 412 SE 3rd Street Code Officer Laverdure reported that this property was a homesteaded single family and a vacant lot. Ms. Francois' address is 65 Spanish River Drive, Ocean Ridge. The City recommended a compliance date of October 21, 2005. Motion Based on testimony and evidence presented in Case #05-1355, Vice Chair Cook moved this board find that Christiane Francois is in violation of the City of Boynton Beach Code sections as cited, and move to order that the Respondent correct the violations on or before October 21, 2005. The board has considered the gravity of the violations, the actions taken by the Respondent, and all previous violations by the Respondent and hereby order that if the Respondent does not comply with this order, a fine in the 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 21, 2005 amount of $25 per day for each day the violation continues past October 21, 2005 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this order. Ms. Carroll seconded the motion that passed 6-0. Case #05-1504 Property Address: Violation( s): Theodore &. Linda Williams 1611 N.E. 1st Court CH15-ART.IX-15-120 (D) llNC Mow and trim overgrown grass and weeds. Remove all trash and debris. Sr. Code Officer Lewis indicated that the City recommended compliance by October 6, 2005. Motion Based on testimony and evidence presented in Case #05-1504, Vice Chair Cook moved this board find that Theodore & Linda Williams are in violation of the City of Boynton Beach Code sections as cited, and move to order that the Respondents correct the violations on or before October 6, 2005. The board has considered the gravity of the violations, the actions taken by the Respondents, and all previous violations by the Respondents and hereby order that if the Respondents do not comply with this order, a fine in the amount of $25 per day for each day the violation continues past October 6, 2005 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this order. Ms. Carroll seconded the motion that passed 6-0. Case #05-1575 Property Address: Violation(s): Jennie L. Daniels 407 N.W. 16th Avenue CH15-ART.IX-15-120 (D) INC Remove trash and debris and openly stored items from back yard. Mow and de- weed overgrown yard and swale areas - west side swale Sr. Code Officer Lewis indicated the City recommended compliance by October 6, 2005. Motion Based on testimony and evidence presented in Case #05-1575, Vice Chair Cook moved this board find that Jennie L. Daniels is in violation of the City of Boynton Beach Code sections as cited, and move to order that the Respondent correct the violations on or before October 6, 2005. The board has considered the gravity of the violations, the actions taken by the Respondent, and all previous violations by the Respondent and hereby order that if the Respondent does not comply with this order, a fine in the amount of $50 per day for each day the violation continues past October 6, 2005 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this order. Ms. Simshauser seconded the motion that passed 6-0. Case #05-1674 Property Address: Violation(s): Hammer Properties LLC 1900 N. Federal Highway FBC '01 ED BBA 104.1.1 Apply and secure proper permits for new water heater and gas piping done on apartments. Red Tag from Building Department. New entry doors installed before permit issued. 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 21, 200S Sr. Code Officer Lewis stated that the owner had asked for 60 days to comply, November 20, 2005, and the City was comfortable with that. Motion Based on testimony and evidence presented in Case #05-1674, Vice Chair Cook moved this board find that Hammer Properties LLC is in violation of the City of Boynton Beach Code sections as cited, and move to order that the Respondent correct the violations on or before November 20, 2005. The board has considered the gravity of the violations, the actions taken by the Respondent, and all previous violations by the Respondent and hereby order that if the Respondent does not comply with this order, a fine in the amount of $50 per day for each day the violation continues past November 20, 2005 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this order. Ms. Carroll seconded the motion that passed 6-0. Case #OS-1679 Property Address: Violation( s): Jean A. &. Marie C. Joseph 1616 N.E. 1st Court 10-S2 B.B.C. of Ord. CH1S-ART.IX-1S-120 (D) INC Remove inoperable vehicles from the property. Remove stored construction materials from carport. Sr. Code Officer Lewis stated that the City recommended a compliance date by October 6,2005. Motion Based on testimony and evidence presented in Case #05-1679, Vice Chair Cook moved this board find that Jean A. & Marie C. Joseph are in violation of the City of Boynton Beach Code sections as cited, and move to order that the Respondents correct the violations on or before October 6, 2005. The board has considered the gravity of the violations, the actions taken by the Respondents, and all previous violations by the Respondents and hereby order that if the Respondents do not comply with this order, a fine in the amount of $75 per day for each day the violation continues past October 6, 2005 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this order. Ms. Simshauser seconded the motion that passed 6-0. Case #OS-1700 Property Address: Violation( s): Bible Church of God Inc. 1390 N. Sea crest Boulevard 10-2 &. 10-3 BBC of Ord, CH1S-ART.IX-1S- 120 (D) INC, FBC '01 ED BBA 104.1.1, CH 8 ART 3 Remove all inoperable buses, trucks, autos, trash and debris. All construction materials, SS-gallon drums, tires, and discarded items need to be removed also. Excessive debris has created a hurricane hazard. Fill that was dumped on the east side of property requires a permit. Cease any further deposits. Sr. Code Officer Lewis said the City recommended compliance by October 6, 2005. When questioned whether staff felt a Cease and Desist Order was called for, Officer Lewis responded that it was not. 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 21, 200S Motion Based on testimony and evidence presented in Case #05-1700, Vice Chair Cook moved this board find that Bible Church of God is in violation of the City of Boynton Beach Code sections as cited, and move to order that the Respondent correct the violations on or before October 6, 2005. The board has considered the gravity of the violations, the actions taken by the Respondent, and all previous violations by the Respondent and hereby order that if the Respondent does not comply with this order, a fine in the amount of $100 per day for each day the violation continues past October 6, 2005 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this order. Ms. Simshauser seconded the motion that passed 6-0. Case #OS-1734 Property Address: Violation( s): Walter Clark lS90 N.W. 3rd St. 10-S2, 10-Sl BBC of ORD Remove all inoperable automobiles from property (on swale). Remove outdoor stored materials. Sr. Code Officer Lewis stated the City recommended compliance by October 21, 2005. Motion Based on testimony and evidence presented in Case #05-1734, Ms. simshauser moved this board find that Walter Clark is in violation of the City of Boynton Beach Code sections as cited, and move to order that the Respondent correct the violations on or before October 21, 2005. The board has considered the gravity of the violations, the actions taken by the Respondent, and all previous violations by the Respondent and hereby order that if the Respondent does not comply with this order, a fine in the amount of $25 per day for each day the violation continues past October 21, 2005 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this order. Ms. Carroll seconded the motion that passed 6-0. Case #OS-2020 Property Address: Violation(s): Mark H. Schiff 380S S. Lake Drive FBC '01 ED BBA 104.1.1, 104.6.1, 104.7.S BBA Secure all required permits for porch enclosure, interior remodeling and window change outs. Work done prior to obtaining permits: (4) plus fee. See Red Tag and Contact Building Department to resolve (S61)742-63S0 Sr. Code Officer Lewis stated the owner was present earlier but had to leave. He had asked for 90 days to comply with the Building Department's wishes and staff concurred. Motion Based on testimony and evidence presented in Case #05-2020, Vice Chair Cook moved this board find that Mark H. Schiff is in violation of the City of Boynton Beach Code sections as cited, and move to order that the Respondent correct the violations on or before December 20, 2005. The board has considered the gravity of the violations, the actions taken by the Respondent, and all previous violations by the Respondent and hereby order that if the Respondent does not comply with this order, a fine in the amount of $25 per day for each day the violation continues past December 20, 2005 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 21, 200S Compliance Division in order to arrange for reinspection of the property to verify compliance with this order. Ms. simshauser seconded the motion that passed 6-0. Case #OS-2030 Property Address: Violation( s): Palm Beach County Housing Authority 406 NW 16th Avenue CH1S-ART.IX-1S-120 (D) INC Remove all inoperable vehicles; mow and de-weed overgrowth; remove all trash and debris. Sr. Code Officer Lewis stated the only portion of the violation that still existed was the removal of the inoperable vehicles. The City recommended compliance by October 6,2005. Motion Based on testimony and evidence presented in Case #05-2030, Mr. Yerzy moved this board find that Palm Beach County Housing Authority is in violation of the City of Boynton Beach Code sections as cited, and move to order that the Respondent correct the violations on or before October 6, 2005. The board has considered the gravity of the violations, the actions taken by the Respondent, and all previous violations by the Respondent and hereby order that if the Respondent does not comply with this order, a fine in the amount of $25 per day for each day the violation continues past October 6, 2005 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this order. Ms. Simshauser seconded the motion that passed 6-0. Case #OS-lSS7 Property Address: Violation(s): Thirty-Six Hundred Holdings LLC 3629 S. Federal Highway 13-16- BBC of ORD Used car sales require an occupational license. Obtain a license for used car sales or remove all vehicles from the parking lot. Code Officer Pierre reported that the City recommended compliance by October 1, 2005. Motion Based on testimony and evidence presented in Case #05-1557, Vice Chair Cook moved this board find that Thirty-Six Hundred Holdings LLC is in violation of the City of Boynton Beach Code sections as cited, and move to order that the Respondent correct the violations on or before October 1, 2005. The board has considered the gravity of the violations, the actions taken by the Respondent, and all previous violations by the Respondent and hereby order that if the Respondent does not comply with this order, a fine in the amount of $250 per day for each day the violation continues past October 1, 2005 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this order. Ms. simshauser seconded the motion that passed 6-0. Case #OS-1720 Property Address: Violation(s): Dennis &. Mary Cavagnaro 410 SE 20th Court CH15-ART.IX-15-120 (D).INC De-weed and sod all bare spots in front yard. Code Officer Pierre stated that the City recommended compliance by October 1, 2005. 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 21, 200S Motion Based on testimony and evidence presented in Case #05-1720, Ms. Carroll moved this board find that Dennis & Mary Cavagnaro are in violation of the City of Boynton Beach Code sections as cited, and move to order that the Respondents correct the violations on or before October 1, 2005. The board has considered the gravity of the violations, the actions taken by the Respondents, and all previous violations by the Respondents and hereby order that if the Respondents do not comply with this order, a fine in the amount of $50 per day for each day the violation continues past October 1, 2005 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this order. Vice Chair Cook seconded the motion that passed 6-0. Case #OS-1741 Property Address: Violation( s): Janet Loffio 2012 S. Federal Highway Unit 402 FBC '01 ED BBA 104.1.1, and 104.7.S Permit required; work before permit issued in regard to air conditioning unit. Code Officer Pierre stated the City recommended compliance by October 1, 2005. Motion Based on testimony and evidence presented in Case #05-1741, Ms. Simshauser moved this board find that Janet Loffio is in violation of the City of Boynton Beach Code sections as cited, and move to order that the Respondent correct the violations on or before October 1, 2005. The board has considered the gravity of the violations, the actions taken by the Respondent, and all previous violations by the Respondent and hereby order that if the Respondent does not comply with this order, a fine in the amount of $25 per day for each day the violation continues past October 1, 2005 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this order. Vice Chair Cook seconded the motion that passed 6-0. Case #OS-1979 Property Address: Violation( s): Joseph P. O'Halloran 2008 S Federal Highway Unit 20S FBC '01 ED BBA 104.1.1 Permit and inspections required for remodeling. Code Officer Pierre indicated the City recommended compliance by October 6, 2005. He commented that it was the same building the board had heard earlier, but a different owner. Motion Based on testimony and evidence presented in Case #05-1979, Vice Chair Cook moved this board find that Joseph P. O'Halloran is in violation of the City of Boynton Beach Code sections as cited, and move to order that the Respondent correct the violations on or before October 6, 2005. The board has considered the gravity of the violations, the actions taken by the Respondent, and all previous violations by the Respondent and hereby order that if the Respondent does not comply with this order, a fine in the amount of $150 per day for each day the violation continues past October 6, 2005 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this order. Mr. Foot seconded the motion that passed 6-0. Case #05-2094 Property Address: Violation(s): Daniel E. &. Lisa Burns lS0 S.W. 2Sth Avenue FBC '01 ED BBA 104.1.1 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 21, 200S Permit required for a canopy or remove canopy. Code Officer Pierre stated the City recommended compliance by October 1, 2005. Motion Based on testimony and evidence presented in Case #05-2094, Vice Chair Cook moved this board find that Daniel E. & Lisa Burns are in violation of the City of Boynton Beach Code sections as cited, and move to order that the Respondents correct the violations on or before October 1, 2005. The board has considered the gravity of the violations, the actions taken by the Respondents, and all previous violations by the Respondents and hereby order that if the Respondents do not comply with this order, a fine in the amount of $25 per day for each day the violation continues past October 1, 2005 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this order. Ms. simshauser seconded the motion that passed 6-0. Case #OS-1371 Property Address: Violation( s): Lucio &. Maria V. Garcia S19 N. Seacrest Boulevard CH1S-ART.IX-1S-120 (D) llNC and (E) Remove all trash, debris and outside storage. Mow property, cut hedges, and remove dead trees. House requires painting and property to be maintained per City Code. Sr. Code & Rehab Officer Roy stated the City recommended compliance by October 1, 2005. He stated that some of it had been cleaned up but it was not yet in compliance. Motion Based on testimony and evidence presented in Case #05-1371, Ms. Simshauser moved this board find that Lucio & Maria V. Garcia are in violation of the City of Boynton Beach Code sections as cited, and move to order that the Respondents correct the violations on or before October 1, 2005. The board has considered the gravity of the violations, the actions taken by the Respondents, and all previous violations by the Respondents and hereby order that if the Respondents do not comply with this order, a fine in the amount of $75 per day for each day the violation continues past October 1, 2005 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this order. Ms. Carroll seconded the motion that passed 6-0. Case #OS-1922 Property Address: Violation(s): Andrew &. Gail Luchey 128 N.W. 10th Avenue CH10-ARTlI-SEC 10-24 (B) (1) Remove all trash and debris. Keep property mowed. Trash cans are to be placed out of sight after pickup. Sr. Code & Rehab Officer Roy stated the City recommended compliance by October 1, 2005. Mr. Foot asked if the Lucheys were repeat violators. Code Officer Roy responded there were repeat violations on the property, but a different owner. Mr. Foot said the board had seen the owners on other properties at other times, not long ago. 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 21, 200S Motion Based on testimony and evidence presented in Case #05-1922, Vice Chair Cook moved this board find that Andrew & Gail Luchey are in violation of the City of Boynton Beach Code sections as cited, and move to order that the Respondents correct the violations on or before October 1, 2005. The board has considered the gravity of the violations, the actions taken by the Respondents, and all previous violations by the Respondents and hereby order that if the Respondents do not comply with this order, a fine in the amount of $50 per day for each day the violation continues past October 1, 2005 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this order. Ms. Carroll seconded the motion that passed 6-0. Case #OS-1923 Property Address: Violation( s): Gail Luchey 124 N.W. 10th Avenue 10-2 BBC of Ord., CH10-ARTlI-SEC10-24 (B) (1) Remove all trash and debris. Keep property mowed and place trashcans out of sight after pick-up. Sr. Code & Rehab Officer Roy stated the City recommended compliance by October 1, 2005. Motion Based on testimony and evidence presented in Case #05-1923, Vice Chair Cook moved this board find that Gail Luchey is in violation of the City of Boynton Beach Code sections as cited, and move to order that the Respondent correct the violations on or before October 1, 2005. The board has considered the gravity of the violations, the actions taken by the Respondent, and all previous violations by the Respondent and hereby order that if the Respondent does not comply with this order, a fine in the amount of $50 per day for each day the violation continues past October 1, 2005 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this order. Ms. Carroll seconded the motion that passed 6-0. Case #OS-1924 Property Address: Violation(s): Andrew &. Gail Luchey 118 N.W. 10th Avenue 10-2 BBC of Ord, CH10-ARTlI-SEC 10-24 (B) (1) Remove all trash and debris. Keep property mowed and trashcans out of sight after pickup. Sr. Code & Rehab Officer Roy stated the City recommended compliance by October 1, 2005. In response to a question from Mr. Foot, Mr. Roy indicated that the cases involving the Lucheys at this meeting were all in a row. Motion Based on testimony and evidence presented in Case #05-1924, Vice Chair Cook moved this board find that Andrew & Gail Luchey are in violation of the City of Boynton Beach Code sections as cited, and move to order that the Respondents correct the violations on or before October 1, 2005. The board has considered the gravity of the violations, the actions taken by the Respondents, and all previous violations by the Respondents and hereby order that if the Respondents do not comply with this order, a fine in the amount of $50 per day for each day the violation continues past October 1, 2005 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this order. Ms. Simshauser seconded the motion that passed 5-1, Chair Costantino dissenting. 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 21, 2005 Case #05-972 Property Address: Violation(s): Paul &. Mary Savage 2650 N.W. 1st Street 13-16 BBC of Ord., CH15-ART,.IX-15-120 (D) lINC, CH 20 SEC 8 E-16 Sod all areas in yard and swale void of grass. Place four-inch house number on building visible from adjacent street. An occupational license is required for rental units. Sr. Code Officer Webb indicated the City recommended compliance by October 21, 2005. Motion Based on testimony and evidence presented in Case #05-972, Vice Chair Cook moved this board find that Paul & Mary Savage are in violation of the City of Boynton Beach Code sections as cited, and move to order that the Respondents correct the violations on or before October 21, 2005. The board has considered the gravity of the violations, the actions taken by the Respondents, and all previous violations by the Respondents and hereby order that if the Respondents do not comply with this order, a fine in the amount of $50 per day for each day the violation continues past October 21, 2005 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this order. Mr. Foot seconded the motion that passed 6-0. Case #05-1595 Property Address: Violation(s): John Brown 2627 N.E. 4th Street 13-16 BBC of Ordi CH 20 SEC 8 E-16 Install four-inch house number on building that can be visible from City right-of-way. Occupational license required for rental property . Sr. Code Officer Webb indicated the City recommended compliance by October 1, 2005. Motion Based on testimony and evidence presented in Case #05-1595, Vice Chair Cook moved this board find that John Brown is in violation of the City of Boynton Beach Code sections as cited, and move to order that the Respondent correct the violations on or before October 1, 2005. The board has considered the gravity of the violations, the actions taken by the Respondent, and all previous violations by the Respondent and hereby order that if the Respondent does not comply with this order, a fine in the amount of $50 per day for each day the violation continues past October 1, 2005 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this order. Ms. Carroll seconded the motion that passed 6-0. Case #05-1717 Property Address: Violation(s): Harriette Byer &. Hope Shelton 2281 N. Sea crest Boulevard CH15-ART.IX-15-120 9D) 1 INC, PT 3- LDR.CH2. SEC.5.D.l Sod all dead areas in yard. Remove all loose trash and debris. Stop doing auto repair in residential zone. Sr. Code Officer Webb stated the City recommended compliance by October 21, 2005. 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 21, 2005 Motion Based on testimony and evidence presented in Case #05-1717, Mr. Foot moved this board find that Harriette Byer & Hope Shelton are in violation of the City of Boynton Beach Code sections as cited, and move to order that the Respondents correct the violations on or before October 21, 2005. The board has considered the gravity of the violations, the actions taken by the Respondents, and all previous violations by the Respondents and hereby order that if the Respondents do not comply with this order, a fine in the amount of $50 per day for each day the violation continues past October 21, 2005 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for reinspection of the property to verify compliance with this order. Ms. Carroll seconded the motion that passed 6-0. VI. Old Business B. Lien Penalty Certifications (New) Sr. Code Officer Webb stated the City recommended certifying the fine at $25 per day in the following cases: Case #05-1040, Case #05-1519. Case #05-1040 James W. Gibbs 160 S.E. 27th Avenue Motion Based on the testimony and evidence presented in Case #05-1040, Mr. Foot moved that this board find that the Respondent has not complied with this Board's Order dated July 20, 2005, and having considered the gravity of the violations, the actions taken by the Respondent, that this board impose and certify a fine in the amount of $25 per day plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that passed 6-0. Case #05-1519 Donald L. Smith, Jr. 2622 N.E. 4th Court Motion Based on the testimony and evidence presented in Case #05-1519, Mr. Foot moved that this board find that the Respondent has not complied with this Board's Order dated August 17, 2005, and having considered the gravity of the violations, the actions taken by the Respondent, that this board impose and certify a fine in the amount of $25 per day plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that passed 6-0. Sr. Code Officer Webb stated that the City recommended certifying the fines in the amount of $50 per day in the following cases: Case #05-1563, Case #05-1502. Case #05-1563 Boynton Beach Property Holding 410 E. Boynton Beach Blvd Motion Based on the testimony and evidence presented in Case #05-1563, Ms. Carroll moved that this board find that the Respondents have not complied with this Board's Order dated August 17, 2005, and having considered the gravity of the violations, the actions taken by the Respondents, that this board impose and certify a fine in the amount of $50 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 Cook seconded the motion that passed 6-0. Case #05-1502 Prudent financial Corporation 121 N.E. 13th Avenue 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 21, 2005 Motion Based on the testimony and evidence presented in Case #05-1502, Vice Chair Cook moved that this board find that the Respondents have not complied with this Board's Order dated August 17, 2005, and having considered the gravity of the violations, the actions taken by the Respondents, that this board impose and certify a fine in the amount of $50 per day plus administrative costs, which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that passed 6-0. Sr. Code Officer Webb stated that the City recommended certifying "No Fine" in the following cases: Case #05-1316, Case #04-2652, Case #05-1343, Case #05-1436, Case #05-1658, Case #05-1514. Case #05-1316 Gabrielle Alexis 420 S.W. 9th Avenue Motion Based on the testimony and evidence presented in Case #05-1316, Vice Chair Cook moved that this board find that the Respondent has not complied with this Board's Order dated July 20, 2005, and having considered the gravity of the violations, the actions taken by the Respondent, that this board impose and certify a fine in the amount of "No Fine" including administrative costs. Ms. Carroll seconded the motion that passed 6-0. Case #04-2652 John &. June Trach 2623 N. Lake Drive Motion Based on the testimony and evidence presented in Case #04-2652, Vice Chair Cook moved that this board find that the Respondent has not complied with this Board's Order dated February 16, 2005, and having considered the gravity of the violations, the actions taken by the Respondent, that this board impose and certify a fine in the amount of "No Fine" including administrative costs. Ms. Carroll seconded the motion that passed 6-0. Case #05-1343 Hidden Brook Corporation 351 S.E. 4th Street Motion Based on the testimony and evidence presented in Case #05-1343, Vice Chair Cook moved that this board find that the Respondents have not complied with this Board's Order dated August 17, 2005, and having considered the gravity of the violations, the actions taken by the Respondents, that this board impose and certify a fine in the amount of "No Fine" including administrative costs. Ms. Carroll seconded the motion that passed 6-0. Case #05-1436 Marie C. Nicholas 1401 N.W. 1st Court Motion Based on the testimony and evidence presented in Case #05-1436, Vice Chair Cook moved that this board find that the Respondent has not complied with this Board's Order dated August 17, 2005, and having considered the gravity of the violations, the actions taken by the Respondent, that this board impose and certify a fine in the amount of "No Fine" including administrative costs. Ms. Carroll seconded the motion that passed 6-0. Case #05-1658 Virgo H. Belot 125 S.E. 31st Avenue Motion Based on the testimony and evidence presented in Case #05-1658, Vice Chair Cook moved that this board find that the Respondent has not complied with this Board's Order dated August 17, 2005, and having considered the gravity of the violations, the actions taken by the Respondent, that this board 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 21, 2005 impose and certify a fine in the amount of "No Fine" including administrative costs. Ms. Carroll seconded the motion that passed 6-0. Case #05-1514 Jean Stephene &. Marie Dieujuste 2634 N.E. 4th Court Motion Based on the testimony and evidence presented in Case #05-1514, Vice Chair Cook moved that this board find that the Respondents have not complied with this Board's Order dated August 17, 2005, and having considered the gravity of the violations, the actions taken by the Respondents, that this board impose and certify a fine in the amount of "No Fine" including administrative costs. Ms. Carroll seconded the motion that passed 6-0. Sr. Code Officer Webb indicated the City recommended tabling the following cases to October 1 ~ 2005: Case #05-567, Case #05-988, and Case #05-677. Case #05-567 Robert J. Manze Ltd. Partnership 8562 Lawrence Road Motion Ms. Carroll moved to table Case #05-567 to October 19, 2005. Vice Chair Cook seconded the motion that passed 6-0. Case #05-988 Helen K. Tullos 118 N.W. 4th Street Motion Ms. Carroll moved to table Case #05-988 to October 19, 2005. Vice Chair Cook seconded the motion that passed 6-0. Case #05-677 RGRS Inc. 2991 W. Boynton Beach Blvd. Motion Ms. Carroll moved to table Case #05-677 to October 19, 2005. Vice Chair Cook seconded the motion that passed 6-0. VIII. Discussion A) Sexual Offender Residencv Prohibition Ordinance Assistant City Attorney Tolces said this item was on the agenda to discuss the board's role in handling violations of the City's Sexual Offender Ordinance. Scott Blasie, Code Compliance Administrator, introduced Sgt. David Egnor, who was on hand to answer questions. Mr. Blasie indicated that it was possible the board would be hearing such a case at its next meeting. Mr. Blasie summarized the ordinance, saying that sexual predators (even if adjudication is withheld) living within 2500 feet from a school, a school bus stop, a playground, or any other place where children congregate after July 19, 2005 would be in violation of the ordinance. If such a person were living in rental property, the landlord would be responsible. Mr. Blasie was in the process of writing up notices of violation to the three persons who were currently in violation. They might comply before the meeting. In one case, an individual purchased a home very close to a school very recently and had a sizeable mortgage. He did not expect they would be able to comply before the October 19 meeting. They were given a 10-day notice of violation and the Police Department went to the address and gave them a copy of the ordinance. Two of the cases were tenants and he fully expected they would move. 28 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 21, 200S Mr. Blasie said the City gets reports from the Florida Department of Law Enforcement as to the whereabouts of registered sexual offenders. The Police Department routinely goes out to verify that they are where they are supposed to be. With the advent of the ordinance, it was now necessary to look for the ones living within 2500 feet of the children-related areas. He believed that regardless of where a person lived in the City of Boynton Beach, they would be within 2500 feet of such areas. Mr. Blasie felt it would be interesting to see how this ordinance played out in Boynton Beach and in the other cities that had enacted similar ordinances such as Boca Raton, Lake Worth. The cases will come before the Code Compliance Board. Under Florida Statute 162, reasonable time must be given for compliance, unless the board determines that it is a matter of imminent life/health/safety. He suggested that the board handle these cases like all the other cases they heard on a case-by-case basis. Assistant City Attorney Tolces advised the board it would treat these cases like any other cases coming before it and make motions in the same way, giving potential fines for non-compliance. It was a little different from the straight property case, but it was a City ordinance and the board did have the authority to consider violations of City ordinances. Mr. Foot asked Assistant City Attorney Tolces if he would give the board a "model" motion. Attorney Tolces responded it would be the same motion they always used. Vice Chair Cook understood that in order to administer the ordinance properly, the board members would have to become familiar with it. Attorney Tolces offered to help the board understand any terms or provisions in the ordinance that were complicated or confusing. Attorney Tolces advised the board's sole role was in hearing the evidence, making findings, and entering an order based on the findings, which mayor may not include a fine and a reasonable period of time for the person to come into compliance. In the case of a landlord, it would mean making provisions to make certain the individual was no longer residing at the location. With respect to an individual sexual predator or offender living in a prohibited location, they would be required to move to a location not in violation of the ordinance in order to come into compliance. Vice Chair Cook asked if the persons appearing before the board were merely accused or judged by the courts. Attorney Tolces advised this would be part of the evidence brought before the board by City staff during the discussion of the background of the individual. Attorney Tolces cautioned sgt. Egnor not to discuss any specific cases that might be coming before the board. Sgt. David Egnor, Boynton Beach Police Department, said the notification for sexual offenders and sexual predators comes from the Florida Department of Law Enforcement. Everyone is adjudicated through the court system before the Police are notified. All the 45-47 people in the City of Boynton Beach have been adjudicated. He did not see that the Board would have any problem with that. If anyone were to challenge this ordinance, he hoped they would realize that it was enacted for the safety of the City's children. He agreed with Mr. Blasie that with the exception of a small place on the golf course, perhaps, the entire City was pretty much off limits to sexual predators and sexual offenders through this ordinance. Chair Costantino asked if other cities were handling this by bringing the cases to their Code Boards. Attorney Tolces was not aware of how the other cities were proceeding. She asked who would do the presentations, and Mr. Blasie responded that he would do them. He said there would be much discussion in the coming month between his office, the Police, and Attorney Tolces. The board was concerned that some of the individuals coming before the board might be violent. Everyone felt that a police officer should definitely be present at any meeting where such an individual would appear before the board, and Mr. Blasie concurred. Another suggestion was to put this kind of case on at the beginning of the agenda to limit the amount of time they would be at the meeting. Mr. 29 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 21, 200S Blasie felt strongly that most of the people would comply and would not wish to come before the board. Many would probably not show up. Another suggestion was to schedule this kind of matter at the end of lien reduction hearings, which were normally held in the afternoon on weekdays. The board thanked Sgt. Egnor for spending the time to discuss this with them. B) Approval of Minutes of AU9ust 17. 2005 and Auqust 5. 2005 Works hOD Motion Mr. Foot moved to remove the August 17, 2005 and August 5, 2005 minutes from the table. Ms. Carroll seconded the motion that passed 7-0. Mr. Foot had forwarded a list of desired modifications to the minutes to Chair Costantino. The following modifications were made: August 5, 2005 Workshop meeting, page 3, 2nd paragraph, added: "notes distributed from" to first and second lines. Page 10, same minutes, first paragraph, added: "much before 7:00 p.m." following 7:00 p.m. in second line. August 17, 2005 regular meeting minutes, page 14, motion in middle of page, remove words "and unanimously carried." The vote was actually split after further discussion. There were two other corrections/modifications suggested by Mr. Foot that were resolved through discussion and did not require a change to the minutes. Motion Mr. Foot moved to approve the modifications to the minutes as listed by Chair Costantino with the exception of the comment about the Chamber clock and the reference to the $250 fine. Vice Chair Cook seconded the motion that passed 6-0. IX. Adjournment Since there was no further business before the board, the meeting was duly adjourned at 10:51 p.m. Respectfully submitted, , --.'Z~j?C'W1 {~ / Susan Collins Recording Secretary (092205) 30