Minutes 05-17-00MINUTES OF THE CODE COMPLIANCE BOARD MEETINGHELD IN
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA
ON WEDNESDAY, MAY 17, 2000 at 7:00 P.M.
PRESENT
Christopher DeLiso, Chair
Patti Hammer, Vice Chair
Robert Foot
James Miriana
Enrico Rossi
Sarah Williams
Thomas Walsh, Alternate
ABSENT
Dick Lambert
Nicholas Igwe, Assistant
City Attorney
Scott Blasie, Code Compliance
Administrator
Inspectors: Courtney Cain
Luney Guillaume
Skip Lewis
Pete Roy
Vestiguerne Pierre
Willie Webb
CALLTO ORDER
Chairman DeLiso called the meeting to order at 7:12 p.m.
II. APPROVAL OF MINUTES OF APRIL 19, 2000 MEETING
Chairman DeLiso called for a motion to approve the minutes of the April 19, 2000
meeting.
Motion
Mr. Foot moved to approve the minutes of the April 19, 2000 meeting,
Mr. Foot asked Mr. Blasie if he had read the minutes. Mr. Blasie replied that he
read the minutes and that they looked in order to him.
Motion seconded by Vice Chair Hammer.
Ms. Williams said she had two corrections to make to the minutes. On page 4 in
the third full paragraph Ms. Williams stated she said "more garbage bins would
be necessary", not "would more garbage bins be necessary?"
Also, on Page 9, in the first paragraph Ms. Williams stated it Was Inspector
Webb, not Inspector Roy, who said he would go over to the property and remove
the trash piles.
MEETING MINUTES ....
CODE COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
MAY 17, 2000
There were no other corrections.
The motion to accept the minutes, as amended, carried unanimously.
III. APPROVAL OF AGENDA
Chairman DeLiso asked Mr. Blasie if there were any additions or deletions to the
Agenda. Mr. Blasie stated that there was only one deletion to the agenda
tonight, which was Page 27 (Case No. 99-2853), Carlos Martinez.
Chairman DeLiso called for a motion to accept the Agenda, as amended.
Mr. Blasie said that he had been requested to set up a workshop among this
Board, the City Commission, the City Manager and Community Improvement and
would like to add this under New Business.
Mr. Foot requested the addition under New Business of the election of a
Chairman and would like the election of officers included on the Agenda on a
yearly basis.
Vice Chair Hammer noted that last month's meeting fell on the first night of
Passover and felt that the Board meeting should have been rescheduled. Vice
Chair Hammer would like to know who scheduled the meeting for that night and
She was offended that the meeting was actually held. Whoever scheduled the
meeting for that night should be reprimanded.
Mr. Foot asked if Chairman DeLiso could have adjusted the schedule and
Chairman DeLiso stated he had no control over the schedule of the Code Board.
Vice Chair Hammer said she is now charged with an absence which was beyond
her control. Mr. Foot said that the Board should take action to avoid these
conflicts. Mr. Foot stated that the City staff does not run this Board and this
Board can decide when they want to meet. Mr. Blasie said he would follow
through with the meeting schedules with the City Clerk's Office. Mr. Blasie
pointed out that all the notices had already been sent out and it would have been
difficult to change the meeting date.
Motion
Mr. Foot moved that the Agenda, as amended, be approved. Motion seconded
by Mr. Miriana, which carried unanimously.
2
MEETING MINUTES
CODE COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
IV. SWEARING IN OF WITNESSES AND INTRODUCTIOI"
MAY 17, 2000
Chairman DeLiso requested that Mr. Blasie call the roll. Mr. Blasie asked all
persons who were present to state they were "here" when their name was called.
Chairman DeLiso requested that the Recording Secretary administer the oath to
all persons who would be testifying this evening.
Chairman DeLiso stated because there was an Attorney present this evening, the
Lien Reduction Case would be heard first.
(Mr. Blasie noted that Page 5, Case #00-106 has been removed from tonight's
agenda)
LIEN REDUCTION
Case No. 96-1041 Ronald O'Donnell Family Trust 312 S. Federal Hwy.
Mr. Blasie said the property was originally cited on February 23, 1996 for
violations of the Land Development Regulations, more specifically the parking lot
regulations. The case first came before the Code Compliance Board on
September 18, 1996 and the respondent did appear. A compliance date of
January 16, 1997 was set or be fined $25.00 per day. The property complied
yesterday, May 16, 2000 for 1,215 days of non-compliance for $30,375.00 plus
administrative costs of $826.18.
The applicant tonight is planning to purchase the property.
Chairman DeLiso inquired if this was a foreclosure and was informed it was not.
Mr. Blasie said he had photographs for the Board to view.
Attorney Mark Williams took the podium and stated he represents Ms. Kearn,
who is one of the owners of the property and the buyer will also be testifying this
evening. Attorney Williams said this case has been going on for several years
and that he has submitted documents to the City Attorney's Office to get the
matter resolved. Attorney Williams would like the case tabled to afford Attorney
Igwe an opportunity to review the documents submitted in order to resolve the
case administratively.
Chairman DeLiso asked Assistant City Attorney Igwe if he wished to table this
case for the evening and Attorney Igwe requested the case be tabled. Attorney
Igwe said the problem with this case is that somebody allegedly transferred the
property. Attorney Igwe needs to review all of the title work and there is a
possibility that the lien may be invalid. If that is the case, the respondent may not
have to reappear before the Board.
MEETING MINUTES ''~
CODE COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
MAY 17, 2000
Motion
Mr. Rossi moved that Case No. 96-1041 be tabled until the Code Compliance
Board Meeting to be held on June 21, 2000. Motion seconded by Vice Chair
Hammer. Motion unanimously carried.
V. NEW BUSINESS
Chairman DeLiso explained that this Board follows Florida State Statutes
and is a quasi-judicial Board. The Board has a plea system and a
respondent can take the podium and plead "no Contest", which means a
violation does exist on your property, but you need more time to bring the
property into compliance. A respondent can also plead "not guilty", which
means you feel there is no violation at the property. In which event, the
respondent and the City would each present their case and then the Board
will make the determination if a violation does exist. If a violation exists on
your property, you will be given a reasonable amount to bring the property
into compliance. The Board usually grants a reasonable amount of time to
correct the violation, If the property complies within the time granted, you
do not have to reappear before this Board. When taking the podium, please
state your name and address for the record.
A. CASES TO BE HEARD
Case No. 99-2928:
Property Address:
Violations:
James & Marta I. Batmasian
1550 N. Federal Highway
Chapter 10, Article II, Section
10-25, Inc. and Section 10-31;
Ongoing situation with
dumpsters being overloaded;
raw garbage left on ground and
lids continuously broken off,
creating a health hazard;
Cease and desist placing
garbage on ground and call
Public Works to increase
frequency of service; recurring
violation cases may still be
brought before the Code
Compliance Board even if
violations have complied prior
to the hearing.
Mr. Blasie said this case was presented at last month's meeting because of the
recurring problem of garbage and trash in the dumpsters behind Yachtsman's
4
MEETING MINUTES ......
CODE COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
MAY 17, 2000
Plaza. The new property manager, Richard Brossieur, appeared at the meeting
and assured staff that he would be taking care of the property and keeping it
clean. The Board tabled the case and requested that staff report at the next
meeting the status of the case. Mr. Blasie reported that the new manager has
done an excellent jOb in keeping up the property and has corresponded with the
Mayor and City Manager's Office, as well as other City staff in order to upgrade
the Plaza. Mr. Blasie said there is no further need for the Board to continue the
case and is recommending that the case be removed since the property is in
compliance.
Motion
Mr. Miriana moved that Case No. 99-2928 be dismissed. Motion seconded by
Ms. Williams and carried unanimously.
Case No. 00-4t6:
Property Address:
Violations:
Church of our Savior
2011 S. Federal Highway
PT3-LDR, Chapter 4, Section
11, PT3-LDR, Chapter 21-1,
Section 15, PT3-LDR, Chapter
7.5, Section 5.B; Restore site
including parking and
landscaping to comply with
plans recorded at City of
Boynton. Sign structure
considered abandoned. Re-
submit plans to new sign or
remove; landscape maintenance
required.
Inspector Roy stated the property was originally cited on February 28. 2000
througlh routine inspection.
Ms, JUdith Arden, 1232-N. L Street, Lake Worth, Florida took the podium and
pled nO contest. Chairman DeLiso inquired how much time was needed and the
respoOdent stated that they just became aware of the violation when they
received the certified letter. The signpost has already been taken down. It was
determined that it WaS the neighbor behind the property that removed the trees
and they are in negotiations with them for reimbursement sO that the treeS can be
replanted. Al;so, they have spoken with an electrician to replace the pole. The
respondent requested four months in order to raise enough money to make the
repairs. She also stated that they planned to replace the air conditioner and the
roof,
5
MEETING MINUTES '~ ....
CODE COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
MAY '17, 2000
Motion
Based on the testimony and evidence presented in Case No. 00-416, Mr. Foot
moved that this Board find, as a matter of fact, and as a conclusion of law that
Church of our Savoir is in violation of PT3-LDR, Chapter 4, Section 11, PT3-LDR,
Chapter 21-1, Section 15, PT3-LDR, Chapter 7.5, Section 5.B of the City Code of
Ordinances. Mr. Foot moved to order that the Respondent correct the violations
on or before September 18, 2000. If the Respondent does not comply with this
Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be
imposed. The Resl~ondent is further ordered to contact the City Of B.oynton
Beach Code Compliance D vis on to arrange for reinspection of the property to
enfy complIance w~th thIs Order. Mr. Rossi seconded the motion, which carried
unanimously.
Case No. 00-532:
Property Address:
Violations:
Michael C. & Jonathan Bornstein
724 N. Federal Highway
Chapter 15, Article IX-15-120
(D) 1, INC.; Sod swale area
north side of property and
keep it free of trash and debris.
Inspector Webb stated the case was originally cited on March 13, 2000 through
routine neighborhood inspection.
Mr. Jonathan Bornstein took the podium and pled not guilty. Inspector Webb
said the violation was not having sod in the swale and submitted pictures to the
Board, which showed that there are wood chips in the swale. This is prohibited
by the Code.
Chairman DeLiso asked the respondent if he was aware that wood chips were
not allowed in the swales and he replied that he tried to plant sod three times and
that it doesn't last. He said he put the wood chips in and does not want to spend
any more money. He said if the City wants it fixed, they should do it themselves.
Mr. Bomstein stated that because there is no curbing, the swale does not last.
Chairman DeLiso asked the respondent when there was sod in the swale if he
took care of it and watered it and he replied that it was taken care of every day.
However, without curbing it doesn't last. Further, the respondent said he
contacted the City four times about getting the curbing fixed, but nothing has
been done.
Ms. Williams inquired as to the type of business the respondent was operating
and he informed her it was a used car dealership.
6
MEETING MINUTES ..........
CODE COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
MAY 17, 2000
Chairman DeLiso inquired why wood chips were not allowed in the swales. Mr.
Blasie replied it was prohibited under the Code and when there are heavy rains,
the wood chips float away and clog up the storm sewer system.
Mr. Foot inquired about the condition of the curbing and the respondent said it is
all chipped away. Mr. Foot inquired who was responsible for the curbing and Mr.
Blasie replied it was the City's responsibility. Mr. Blasie said he would follow up
with the curbing with Public Works.
Mr. Foot suggested tabling the case for six months and Chairman DeLiso said
this couldn't be done because the respondent is in violation of the Code. Mr.
Bornstein stated if the curbing were replaced, he would put the sod back in.
Motion
Mr. Foot moved to table Case No. 00-0532 for six months.
Motion died for lack of a second.
Ms. Williams asked if there was anything else that could be put in the swale
besides sod, such as xeriscaping? If xeriscaping wasn't allowed, Ms. Williams
suggested that he remove the chips from the swale, since it could cause damage
to the drainage system.
Chairman DeLiso said that the chips are not allowed according to code. Mr.
Blasie said that grass has to be placed in the swale. The respondent stated that
because there is no curb, people keep driving on the swale. Ms. Williams
suggested that the respondent contact the City's Neighborhood Specialist, Mr.
Dan DeCarlo to determine if he could help.
Attorney Igwe inquired with whom the respondent consulted in the City regarding
the curbs and Mr. Webb stated he thought it was George Mantel, the Supervisor
of Roads and Streets. Ms. Williams suggested tabling the case for 60 days to
determine if Mr. DeCarlo would be able to assist the respondent. The respondent
asked for six months.
Motion
Vice Chair Hammer moved to table case No. 00-532 for sixty days. Motion
seconded by Ms. Williams.
Mr. Foot suggested that the respondent remove the chips in any event to indicate
his good faith. Mr. Bornstein felt that removing the chips was a waste of his time.
Motion carried 7-0.
7
MEETING MINUTES
CODE COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
MAY 17, 2000
B. CERTIFICATION OF FINE (Tabled)
Case No. 99-1863: Jerry McAdoo 201 NW 7th Avenue
434 NW 4th Avenue
Boynton Beach, FL 33435
Inspector Webb stated that the notice of violation date was July 28, 1999 for
violation of the Community Appearance Code and Standard Building Code. At
the Code Compliance Board hearing of November 17, 1999 no one appeared
and a compliance date of February 14, 2000 was set or be fined $25.00 per day.
The property is not yet in compliance and the respondent is present tonight.
Mr. Jerry McAdoo, 434 NW 4th Avenue, Boynton Beach, Florida took the
podium and said he was advised on Friday, eight weeks after he filed for a permit
with the Building Department, that the building permit was ready to be picked up.
The respondent has contracted to have the two windows installed and they
should be installed within a week or two.
Motion
Vice Chair Hammer moved to table Case No. 99-1663 until the June 21, 2000
Code Compliance Board Meeting. Motion seconded by Ms. Williams and
unanimously carried.
Case No. 99-3039
LeJan Augustin &
Jacqueline Joseph
1520 NE 2nd Court
Inspector Melillo stated the violation was dated December 22, 1999 for violation
of the Community Appearance Code. At the Code Compliance Board Hearing on
March 15, 2000 no one appeared. A compliance date of April 17, 2000 was set
or be fined $25.00 per day. The property has not yet complied. The City
recommends tabling the case as the Respondent is working on the property and
presented staff with a receipt for grass and improvements that need to be made.
Unfortunately, she will not meet the deadline. The City recommends tabling for
60 days.
Motion
Vice Chair Hammer moved that Case No. 99-3039 be tabled until the Code
Compliance Board Meeting to be held on July 17, 2000. Motion seconded by Mr.
Walsh and carried unanimously.
8
MEETING MINUTES" ..... ~
CODE COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
MAY 17, 2000
Discussion about the correct tabling date tOok place and whether it shoUld be the
actual meeting and that July 17th is not the actual meeting date.
Mr. Foot stated there is no July 17th meeting and the correct date should be July
19th and requested that the motion be amended accordingly.
MOtion
Mr. Foot moved that the motion be amended to specify July 19, 2000 as the date
to Which the case be tabled.
There was no second and, therefore, Mr. Foot's motion died for lack of a second.
Vice Chair Hammer's motion carried 6-1 (Mr. Foot dissenting).
LIEN PENALTY CERTIFICATIONS (tabled)
Case No. 99-717
Neeck & Venande Simeus 116 W. Ocean Drive
Chairman DeLiso requested that the Recording Secretary administer the oath to
the Respondent.
Inspector Lewis stated the notice of violation was dated April 9, 1999 for violation
of the Standard Building Code. The respondent did appear at the August 18,
1999 Code Compliance Board Hearing and a compliance date of October 19,
19919 was set or be fined $25.00 per day. The property complied on May 4, 2000
for 197 days of non-compliance.
Mr. Neeck Simeus, 116 W. Ocean Drive, Boynton Beach took the podium and
said that he finally went through the process of hiring an architect to draw the
plans and has applied for a permit which has now been pulled for the work that
had been done. All that remains now are the inspections.
Vice Chair Hammer inquired how many times the respondent has appeared
before the Board and he stated four times. Mr. Foot asked for background on this
case and the respondent stated that he performed the work prior to obtaining the
necessary permits. Therefore, he hired an architect to assist him through the
process.
Mr. Foot inquired what the City was recommending and Inspector Lewis replied
that he had no recommendation.
Ms. Williams asked the respondent what he considered was the main reason for
the delay in meeting compliance and the respondent replied that he had to go
through several processes before obtaining the necessary permits. Chairman
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MEETING MINUTES ~
CODE COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
MAY 17, 2000
DeLiso noted that the respondent has fully cooperated with this Board and has
appeared at all the meetings.
Motion
Based on the testimony and evidence presented in Case No. 99-717, Mr. Foot
moved that this Board find, as a matter of fact, that the Respondents, Neeck and
Venande Simeus, were in violation of Code Section SBC '94 ED 104.1.1
subsequent to the date of compliance specified in this Board's Order of August
18, 1999. Mr. Foot moved that this Board find that the Respondents failed to
comply with this Board's Order, and that this Board impose and certify a fine in
the amount of $384.12. Mr. Rossi seconded the motion.
The motion failed 2-5 (Chairman DeLiso, Vice Chair Hammer, Messrs.
Miriana and Walsh and Ms. Williams dissenting).
Motion
Based on the testimony and evidence presented in Case No. 99-717, Vice Chair
Hammer moved that this Board find, as a matter of fact, that the Respondents,
Neeck and Venande Simeus, were in violation of Code Section SBC '94 ED
104.1.1 subsequent to the date of compliance specified in this Board's Order of
August 18, 1999. Vice Chair Hammer moved that this Board find that the
Respondents failed to comply With this Board's Order, and that this Board impose
and certify no fine or administrative costs. Mr. Miriana seconded the motion.
Motion carried 5-2 (MeSsrs. Foot and Rossi dissenting).
C. LIEN REDUCTION
Case No, 99-2481
Chase Manhattan Mtg, Corp. 115 NW 3rd Ave.
Cio Codilis & Stawiarski
4010 Boy Scout BlVd., Suite 450
Tampa, L 33607
Inspector Blasie stated the property was originally cited on September 30, 1999
for violation of the Community Appearance Code. No one appeared at the Code
Compliance Board Hearing Date on November 17, 1999. A compliance date of
December 13, 1999 was set or be fined $25.00 per day. The property complied
on April 10, 2000 for 118 days of non-compliance, which is $2,950 plus
administrative costs of $634.18.
After showing photographs to the applicant, Mr, Blasie presented them to the
Board to view.
10
MEETING MINUTES
CODE COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
MAY 17, 2000
Ms. Angle Crosby, 901 N. Congress Avenue, Boynton Beach, Florida took
the podium and stated she was representing Chase Manhattan Bank. Ms.
Crosby felt that the Bank had complied in February, but something slipped
through the foreclosure procedures and the lien did not get taken care of and that
the property is in compliance.
Ms. Crosby pointed out that they had to go through eviction proCeedings and
were unable to get possession of the property until the eviction took place on
April 25th. Chairman DeLiso asked Mr. Blasie if he had the certified return receipt
and Mr. Blasie stated that Pamela Richter had signed the receipt and that the
notice was sent out on October 22, 1999 to Chase Manhattan. Ms. Crosby said
that a closing had been scheduled for the end of this month, but are now unable
to close. Mr. Blasie pointed out that somebody had put sod down on the
property, but did not notify the Code Compliance Office. Mr. Foot asked if there
was a possibility that the property might have been in compliance on the
specified date and Mr. Blasie stated there was not, .but that it did come into
compliance sometime after that, and that date is unknown.
Motion
Based on the testimony and evidence presented in Case No. 99-2481, and
having been .advised that the Respondent has complied with all lien reduction
procedures set forth in Sections 2-84 and 2-89 of the City of Boynton Beach
Code of Ordinances, Ms. Williams moved that this Board recommend to the City
Commission that the fine instituted in Case No. 99-2481, by virtue of this Board's
Order of December 13, 1999 be reduced to $634.18. Motion seconded by Mr.
Miriana.
Mr. Foot noted that the Board's Order date was November 17, 1999. Ms.
Williams amended her motion to November 17, 1999 and Mr. Miriana seconded
the amended motion.
Motion carried 7-0.
Chairman DeLiso advised the respondent that she would still have to appear
before the City Commission. Mr. Blasie advised that the case would be on the
Commission agenda for the third Tuesday in June.
Case No. 99-1219:
Property Address:
Violations:
Helen M. Hagen
3307 Fernwood Dr.
Chapter 15, Article IX-15-120
(D) 1, INC.; Define driveway
borders and de-weed; maintain
lawn in weed free condition.
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MEETING MINUTES ~
CODE COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
MAY 17, 2000
Inspector Roy stated the case was originally cited on March 23, 1998 through
routine inspection of the neighborhood. Service was made by hand carry.
Inspector Roy reported that Atlas Financial in Boca Raton is working with the
respondent and trying to correct her bankruptcy case. A closing on the new
mortgage should take place in two weeks. After the closing, the respondent will
be referred to the Community Development Office that can assist in taking care
of all of her violations. Because of the time involved in this process, Inspector
Roy stated the City is recommending 120 days.
Motion
Based on the testimony and evidence presented in Case No. 98-1219, Ms.
Williams moved that this Board find, as a matter of fact, and as a conclusion of
law, that Helen M. Hagen is in violation of Code Sections Chapter 15, Article IX-
15-120 (D), Inc. of the City Code of Ordinances. Ms. Williams moved to order
that the Respondent correct the violations on or before September 18, 2000. If
the Respondent does not comply with this Order, a fine in the amount of $25.00
per day, plus administrative costs shall be imposed. The Respondent is further
ordered to contact the City of Boynton Beach Code Compliance Division to
arrange for reinspection of the property to verify compliance with this Order.
Motion seconded by Vice Chair Hammer. Motion carried 7-0.
Case No. 00-214:
Property Address:
Violations:
J.M. Baxter Estate
146 SE 9th Avenue
Chapter 15, Article IX-15-120
(D) 1, INC.; Property needs
weeds cut on the southeast 1st
Street side and southeast
corner of the property needs
all glass and debris removed.
Grass needs to be planted in
dead areas of the yard visible
from the street; Outdoor
storage needs to be cleaned
up.
Inspector Lewis stated the property was originally cited on January 31, 2000
through routine inspection. Service was made by certified mail and the City
recommends 30 days.
Motion
Based on the testimony and evidence presented in Case No. 00-214, Mr. Miriana
moved that this Board find, as a matter of fact, and as a conclusion of law, that
J.M. Baxter Estate is in violation of Code Sections Chapter 15, Article IX-15-120
12
MEETING MINUTES ' ~
CODE COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
MAY 17, 2000
(D) 1, Inc. Qf the City Code of Ordinances. Mr. Miriana moved to order that the
Respondentcorrect the violations on or before June 17, 2000. If the Respondent
does not comply with this Order, a fine in the amount of $25.00 per day, plus
administrativ~e costs shall be imposed. The Respondent is further ordered to
contact the City of Boynton Beach Code Compliance Division t° arrange for
reinspection of the pr~)perty to verify compliance with this Order. Motion
secoJ~ded by Vice Chair Hammer. Motion carried 7-0.
Case No. 00-717:
Property Address:
Violations:
Peter and Jeanette L. Plodek
135 W. Ocean Drive
Chapter 25, Article XVlll,
Section 3, INC, Chapter 15,
Article IX-15-120 (E) 2A and 120
(D) 1, INC.; Please mow and
trim overgrown property; wood
fence needs to be repaired or
replaced to secure the pool;
inoperative automobile needs
to be removed; fascia board
needs to be painted where it is
missing.
Inspector Le~wis stated the property was originally cited on March 30, 2000
through routine inspection of the neighborhood. Service was made by certified
mail and the City recommends 30 days.
Motion
Based on th~ testimony and evidence presented in Case No. 00-717, Vice Chair
Hammer moved that this Board find, as a matter of fact, and as a conclusion of
law, that Peter and Jeanette L. Plodek are in violation of Code Sections Chapter
15, Article I)~-15-120 (D) 1, Inc. of the City Code of Ordinances. Vice Chair
Hammer mo~ed to order that the RespOndents correct the violations on or before
June 19, 20Q0. If the Respondents do not comply with this Order, a fine in the
amount of $25.00 per day, plus administrative (~osts shall be imposed. The
Respondent
Compliance
compliance v
Motion carrie~
Mr. Foot inq
Inspector Lev
read them.
is further ordered to contact the City of Boynton Beach Code
Division to arrange for reinspection of the property to verify
ith this Order. Motion seconded by Mr. Miriana.
7-0,
ired about the fence and pool and that a safety issue exists.
ds stated those violations have complied and that is why he did not
13
MEETING MINUTES "~
CODE COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
MAY 17, 2000
Case No. 00-536:
Property Address:
Violations:
Jeffrey S. Lee
2201 N. Seacrest Blvd.
Chapter 15, Article IX-15-120
(D) 1, INC., Sections 10-2 and
13-16 of the B.B.C of Ord.;
Please install sod in yard; trim
bushes; repair or re place
fence; remove vehicles in your
back yard; repair or replace
fascia wood and clean all loose
trash and debris from property;
also, an occupational license is
required to rent house.
inspector Guiilaume stated the case was cited on March 13, 2000 through
routine inspection. Service was accomplished by certified mail. The respondent
had been present earlier, but had to leave. The City recommends 30 days.
Motion
Based on the testimony and evidence presented in Case No. 00-536, Mr. Foot
moved that this Board find, as a matter of fact, and as a conclusion of iaw, that
Jeffrey S. Lee is in violation of Code Sections Chapter 15, Article iX-15-120 (D)
1, Inc., Sections 10-2 and 13-16 of the B.B.C. of Ordinances. Mr. Foot moved to
order that the Respondent correct the violations on or before June 19, 2000. If
the Respondent does not comply with this Order, a fine in the amount of $25.00
per day, plus administrative costs shall be imposed. The Respondent is further
ordered to contact the City of Boynton Beach Code Compliance Division to
arrange for reinspectiOn of the property to vedfy compliance with this Order.
Motion seconded by Mr. Miriana.
Motion carried 7-0.
Case No. 00-722:
Property Address:
Violations:
G.L. Homes of Boynton Beach
7462 Lawrence Road
SBC '97 ED 104.1.1 and SBC
'94 ED 104.7.2; Permit required
and posted at site. If no
permit, 4 times the fee; see
copy of "red tag" dated March
21, 2000.
Inspector Guillaume stated the case was cited on March 31, 2000 through a red
tag from the Building Division. The City recommends 30 days.
14
MEETING MINUTES
CODE COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
MAY 17, 2000
Motion
Based on the testimony and evidence presented in Case No. 00-722, Ms.
Williams moved that this Board find, as a matter of fact, and as a conclusion of
law, that G. L. Homes of Boynton Beach is in violation of Code Sections SBC '97
ED 104.1.1 and SBC '94 ED 104.7.2 of the City Code of Ordinances. Ms.
Williams moved to order that the Respondent correct the violations on or before
June 19, 2000. If the Respondent does not comply with this Order, a fine in the
amount of $25.00 per day, plus administrative costs shall be imposed. The
Respondent is further ordered to contact the City of Boynton Beach Code
Compliance Division to arrange for reinspection of the property to verify
compliance with this Order. Motion seconded by Mr. Midana.
Motion carried 7-0.
Case No. 00-425:
Property Address:
Violations:
Cafer K. and Huiya Ayaz
2640 NE 3rd Street
SBC '94 ED 104.6.1; Permit
#99-1548 - please call for final
inspections; see copy of red
tag dated January 28, 2000.
Inspector Cain stated the property was originally cited on February 29, 2000
through routine neighborhood inspection. The City recommends 14 days.
Motion
Based on the testimony and evidence presented in Case No. 00-425, Mr. Miriana
moved that this Board find, as a matter of fact, and as a conclusion of law, that
Cafer K. and Hulya Ayaz are in violation of Code Sections SBC '94 ED 104.6.1
of the City Code of Ordinances. Mr. Miriana moved to order that the
Respondents correct the violations on or before June 1, 2000. If the
Respondents do not comply with this Order, a fine in the amount of $25.00 per
day, plus administrative costs shall be imposed. The Respondents are further
ordered to contact the City of Boynton Beach Code Compliance Division to
arrange for reinspection of the property to verify compliance with this Order.
Motion seconded by Mr. Miriana.
Motion carried 7-0.
Case No. 00-482:
Property Address:
Violations:
Neville & Ruth Allison
2320 NW 1st Street
Chapter 15, Article IX-15-120
(D), Inc.; Please install sod in
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CODE COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
MAY 17, 2000
yard and swale wherever dead
or bare spots occur.
Inspector Cain stated the property was originally cited on March 8, 2000 through
routine neighborhood inspection. The City recommends 30 days.
Motion
Based on the testimony and evidence presented in Case No. 00-482, Ms.
Williams moved that this Board find, as a matter of fact, and as a conclusion of
law, that Neville and Ruth Allison are in violation of Code Sections Chapter 15,
Article IX-15-120 (D), Inc. of the City Code of Ordinances. Ms. Williams moved
to order that the Respondents correct the violations on or before June 19, 2000.
If the Respondents do not comply with this Order, a fine in the amount of $25.00
per day, plus administrative costs shall be imposed. The Respondents are
further ordered to contact the City of Boynton Beach Code Compliance Division
to arrange for reinspection of the property to verify compliance with this Order.
Motion seconded by Mr. Miriana.
Motion carried 7-0.
Case No. 00-0486:
Property Address:
Violations:
Timothy Buffs
243 NW 28th Avenue
Chapter 15, Article IX-15-120
(D), Inc. and Section 10-2
B.B.C. of Ord.; Please install
sod in yard and swale
wherever dead or bare spots
occur; remove trash and
debris; rear yard is overgrown,
please mow.
Inspector Cain stated that the property was originally cited on March 8, 2000
through routine inspection. The City recommends 30 days.
Motion
Based on the testimony and evidence presented in Case No. 00-0486, Vice
Chair H~mmer moved that this Board find, as a matter of fact, and as a
conclusion of law, that Timothy Butts is in violation of Code Sections Chapter 15,
Article IX-15-120 (D), Inc. and Section 10-2 of the B.B.C. of Ordinances. Vice
Chair H mmer moved to order that the Respondent correct the violations on or
before JUne 19, 2000 If the Respondent does not comply with this Order, a fine
m the amount of $25.00 per day, plus administrative costs shall be imposed. The
Respondents are further ordered to contact the City of Boynton Beach Code
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CODE COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
MAY 17, 2000
Compliance Division to arrange for reinspection of the property to verify
compliance with this Order. Motion seconded by Ms. Williams.
Motion carried 7-0.
Case No. 00-0299:
Property Address:
Violations:
Bryan Stewart
511 SE 21st Avenue
Chapter 15, Article IX-15-120
(D), Inc. and 120 (E), Inc.;
Remove all trash and debris;
repair and paint awnings;
replace house number; mow
lawn and trim hedges.
Inspector Roy stated the property was cited on February 9, 2000 through a
complaint from an anonymous neighbor. Service was made by posting and the
City recommends 30 days.
Motion
Based on the testimony and evidence presented in Case No. 00-0299, Vice
Chair Hammer moved that this Board find, as a matter of fact, and as a
conclusion of law, that Bryan Stewart is in violation of Code Sections Chapter 15,
Article IX-15-120 (D), Inc. and 120 (E), Inc. of the City Code of Ordinances. Vice
Chair Hammer moved to order that the Respondent correct the violations on or
before June 19, 2000. If the Respondent does not comply with this Order, a fine
in the amount of $25.00 per day, plus administrative costs shall be imposed. The
Respondent is further ordered to contact the City of Boynton Beach Code
Compliance Division to arrange for reinspection of the property to verify
compliance with this Order. Motion seconded by Ms. Williams.
Motion carried 7-0.
Case No. 00-0552:
Property Address:
Violations:
Robert W. & Carolyn M. Miller
3501 N. Old Dixie Hwy.
Section 13-16 B.B.C. of Ord.;
an occupational license is
required to rent out property;
an inspection of property must
be done and property in
compliance before license will
be issued.
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CODE COMPLIANCE BOARD
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MAY 17, 2000
Inspector Roy stated the case was originally cited on March 15, 2000 through a
complaint from an anonymous neighbor. Service was accomplished by posting
and the City recommends 30 days.
Motion
Based on the testimony and evidence presented in Case No. 00-0552, Vice
Chair Hammer moved that this Board find, as a matter of fact, and as a
conclusion of law, that Robert W. and Carolyn M. Miller are in violation of Code
Sections 13-16 of the B.B.C. of Ordinances. Vice Chair Hammer moved to order
that the Respondents correct the violations on or before June 19, 2000. If the
Respondents do not comply with this Order, a fine in the amount of $25.00 per
day, plus administrative costs shall be imposed. The Respondents are further
ordered to contact the City of Boynton Beach Code Compliance Division to
arrange for reinspection of the property to verify compliance with this Order.
Motion seconded by Mr. Miriana.
Motion carried 7-0.
Case No. 00-0630:
ProPerty Address:
Violations:
Jane R. Appelman
235 sE 25th Avenue
Chapter 15, Article IX-15-'120
(D), Inc. and SBC '97 ED
104.1.1; Pool and shed are
unpermitted; remove or get
permits; repair broken
windows; pick up trash and
debris; cut all overgrowth of
grass and shrubs; remove
Florida Holly.
InsPector RoY stated the property was originally cited on March 24, 2000 through
a complaint frOm an anonymous neighbor. Service was accomplished by
certified mail and the City recommends 30 days.
Motion
Based on the testimony and evidence presented in Case No. 00-0630, Vice
Chair Hammer moved that this Board find, as a matter of fact, and as a
conclusion of law, that Jane R. Appelman is in violation of Code Sections
Chapter 15, Article IX-15-120 (D), Inc. and SBC '97 ED 104.1.1 of the City Code
of Ordinances. Vice Chair Hammer moved to order that the Respondent correct
the violations on or bef°re June 19, 2000, If the Respondent does not comply
with this Order, a fine in the amount of $25.00 per day, plus administrative costs
shall be imposed. The Respondent is further ordered to contact the City of
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CODE COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
MAY 17, 2000
Boynton Beach Code Compliance Division to arrange for reinspection of the
property to verify compliance with this Order. Motion seconded by Ms. Williams.
Motion carried 7-0.
Case No. 00-0407:
Property Address:
Violations:
Eckols 76 Ltd.
1102 N. Federal Hwy.
Chapter 15, Article IX-15-120
(E) 2A and 120 (D) 1, Inc.;
Property contains roof damage
and water damage to interior
walls; building needs painting;
sod needed in swale; trees
need trimming; repair fence.
Inspector Webb stated the property was originally cited on February 25, 2000
through a citizen's complaint. Service was made by posting and staff
recommends 30 days.
Motion
Based on the testimony and evidence presented in Case No. 00-0407, Vice
Chair Hammer moved that this Board find, as a matter of fact, and as a
conclusion of law, that Eckols 76 Ltd. is in violation of Code Sections Chapter 15,
Article 1×-15-120 (E) 2A and 120 (D) 1, Inc. of the City Code of Ordinances. Vice
Chair Hammer moved to order that the Respondent correct the violations on or
before June 19, 2000. If the Respondent does not comply with this Order, a fine
in the amount of $25.00 per day, plus administrative costs shall be imposed. The
Respondent is further ordered to contact the City of Boynton Beach Code
Compliance Division to arrange for reinspection of the property to verify
compliance with this Order. Motion seconded by Ms. Williams.
Motion carried 7-0.
Case No. 00-0481'
Property Address:
Violations:
Josette M. Bouchard
259 NE 6th Avenue
Chapter 15, Article IX-15-120
(D) 1, Inc.; Property must be
kept, mowed and free of all
loose trash and debris; install
sod in yard and swale; remove
all unlicensed and inoperable
vehicles.
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MEETING MINUTES
CODE COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
MAY 17, 2000
Inspector Webb stated the property was originally cited on March 8, 2000
through routine neighborhood inspection. Service was accomplished by certified
mail and staff recommends 30 days.
Motion
Based on the testimony and evidence presented in Case No. 00-0481, Ms.
Williams moved that this Board find, as a matter of fact, and as a conclusion of
law, that Josette M. Bouchard is in violation of Code Sections Chapter 15, Article
IX-15-120 (D) 1, Inc. of the City Code of Ordinances. Ms. Williams moved to
order that the Respondent correct the violations on or before June 19, 2000. If
the Respondent does not comply with this Order, a fine in the amount of $25.00
per day, plus administrative costs shall be imposed. The Respondent is further
ordered to contact the City of Boynton Beach Code Compliance Division to
arrange for reinspection of the property to verify compliance with this Order.
Motion seconded by Mr. Rossi.
Motion carried 7-0.
Case No. 00-0650:
Property Address:
Violations:
James Isaac
215 NW 7th Court
Chapter 15, Article IX-15-120
(D) .lA; Property contains auto
parts, and other discarded
debris stored outside that must
be disposed of properly.
Inspector Webb stated that the property was originally cited on March 27, 2000
through routine neighborhood inspection. Service was obtained by certified mail
and staff recommends 30 days.
Motion
Based on the testimony and evidence presented in Case No. 00-0650, Mr.
Midana moved that this Board find, as a matter of fact, and as a conclusion of
law, that James Isaac is in violation of Code Sections Chapter 15, Article IX-15-
120 (D) .lA. of the City Code of Ordinances. Mr. Miriana moved to order that the
Respondent correct the violations on or before June 19, 2000. If the Respondent
does not comply with this Order, a fine in the amount of $25.00 per day, plus
administrative costs shall be imposed. The Respondent is further ordered to
contact the City of Boynton Beach Code Compliance Division to arrange for
reinspection of the property to verify compliance with this Order. Motion
seconded by Mr. Foot.
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CODE COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
MAY 17, 2000
Mr. Foot inquired why staff was recommending 30 days for trash and Inspector
Webb stated there is a great deal of trash and the respondent is not well.
Motion carried 7-0.
CERTIFICATION OF FINE (tabled)
Case No. 98-3792
Troy Davis
2216 NE 3rd Court
Inspector Melillo said the City is recommending that the case be tabled.
Inspector Melillo stated he has a letter from Community Development that the
respondent will be receiving assistance and it may take some time, as there is a
great deal of work to be done.
Motion
Mr. Foot moved that Case No. 98-3792 be tabled until the Code Compliance
Board Meeting to be held on November 15, 2000. Motion seconded by Mr.
Walsh. Motion carried 7-0.
Case No. 99-1068
Fontana Plaza, Ltd.
3629 S. Federal Hwy.
Inspector Roy stated the notice of violation was dated May 10, 1999 for violation
of the Land Development Regulations. At the Code Compliance Board Hearing
on October 20, 1999 no one appeared. A compliance date of January 17, 2000
was set or be fined $25.00 per day. The property complied on April 21, 2000.
Mr. Roy said he has been working with the manager of the Plaza from the date
the property has been cited and he has cooperated fully with staff and
maintained contact with Inspector Roy. Inspector Roy recommends no fine.
Motion
Based on the testimony and evidence presented in Case No. 99-1068, Vice
Chair Hammer moved that this Board find, as a matter of fact, that the
Respondent, Fontana Plaza, Ltd. was in violation of Code Section PT3-LDR,
Chapter 4, Section 11 and PT3-LDR, Chapter 7.5-11, Section 5.B subsequent to
the date of compliance specified in this Board's Order of October 20, 1999. Vice
Chair Hammer moved that this Board find that the Respondent failed to comply
with this Board's Order, and that this Board impose and certify no fine. Mr.
Walsh seconded the motion.
Mr. Foot asked why staff is recommending no fine? Inspector Roy responded
that when the property was originally cited, the manager had already started to
make the repairs. There was an apparent problem with the sprinkler system,
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MEETING MINUTES
CODE COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
MAY 17, 2000
which had been vandalized and the respondent then had problems with the
contractors in getting the property repaired.
Motion carried 6-1 (Mr. Foot dissenting).
Case No. 99-1584
Knuth Gas & Oil, Inc.
17600 N. Bay Road #702
Miami, FL 33160
3510 W. Boynton
Beach Blvd.
Inspector Lewis stated the property was cited June 30, 1999 for violation of the
Standard Building Code. The respondent appeared at the Code Compliance
Board Hearing of December 15, 1999. A compliance date of February 14, 2000
was set or be fined $50.00 per day. The property complied on May 15, 2000 for
90 days of non-compliance. The City recommends no fine. Inspector Lewis
noted that the respondent has been very cooperative and had run into some
problems obtaining the permit. The Board previously tabled the case to this date.
Mr. Blasie said he worked with the Planning and Zoning and there was a problem
on where the satellite dish could be placed because of the location of the building
on the property.
Motion
Based on the testimony and evidence presented in Case No. 99-1584, Ms.
Williams moved that this Board find, as a matter of fact, that the Respondent,
Knuth Gas & Oil, Inc. was in violation of Code Section SBC '94 ED 104.1.1,
subsequent to the date of compliance specified in this Board's Order of
December 15, 1999. Ms. Williams moved that this Board find that the
Respondent failed to comply with this Board's Order, and that this Board impose
and certify no fine. Vice Chair Hammer seconded the motion.
Motion carried 7-0.
Case No. 99-1853
John W. Burns
P.O. Box 1297
Delray Beach, FL 33447
135 SW 1st Avenue
Inspector Lewis stated the property was cited on July 26, 1999 for violation of
Occupational License Required. No one appeared at the Code Compliance
Board Hearing date and a compliance date of February 14, 2000 was set or be
fined $25.00 per day. The property has not yet complied.
22
MEETING MINUTES ....
CODE COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
MAY 17, 2000
Motion
Based on the testimony and evidence presented in Case No. 99-1853, and
having considered the gravity of the violations, the actions taken by the
Respondent, and any and all previous violations committed by the Respondent,
Mr. Foot moved that this Board find that John W. Burns has violated this Board's
prior Order of November 17, 1999 and this Board impose and certify a fine in the
amount of $25.00 per day, plus administrative costs which shall continue to
accrue until the respondent comes into compliance or until a judgment is entered
based upon this certification of fine. Ms. Williams seconded the motion, which
carried unanimously.
Case #99-2167
Judith C. Lowe 118 NE 4th Avenue
P.O. Box 102
Boynton Beach, FL 33435
Inspector Webb stated the property was cited on August 27, 1999 for violation of
the Community Appearance Code and Hurricane Hazards. The respondent
appeared at the November 17, 1999 Code Compliance Board Hearing and a
compliance date of February 14, 2000 was set or be fined $25.00 per day. The
property complied on March 12, 2000 for 87 days of non-compliance and staff
recommends no fine.
Motion
Based on the testimony and evidence presented in Case No. 99-2167, Vice
Chair Hammer moved that this Board find, as a matter of fact, that the
Respondent, Judith C. Lowe, was in violation of Code Sections Chapter 15,
Article IX-15-120(D) 1.A, 1.E and Section 10-3 of the B.B.C. of Ordinances,
subsequent to the date of compliance specified in this Board's Order of
November 17, 1999. Vice Chair Hammer moved that this Board find that the
Respondent failed to comply with this Board's Order, and that this Board impose
and certify no fine. Motion seconded by Mr. Walsh.
Mr. Foot asked why the City is recommending no fine and Mr. Webb replied that
the respondent was not well and could not meet the compliance date. Inspector
Webb said that he performed all the tree trimming and cleaned up the loose
trash.
Motion carried 7-0.
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MEETING MINUTES ........
CODE ,COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
MAY 17, 2000
LIEN PENALTY CERTIFICATIONS
Case No. 99-2082
Sarah Y. Woody
3491 Orange Street
Inspector Cain stated the notice of violation was August 23, 1999 for violation of
the Community Appearance Code. At the Code Compliance Board Hearing date
of March 15, 2000 no one appeared and a compliance date of April 17, 2000 was
set or be fined $25.00 per day. The property is not yet in compliance. Inspector
Cain informed the Board that this is a repeat violator.
Motion
Based on the testimony and evidence presented in Case No. 99-2082, and
having considered the gravity of the violations, the actions taken by the
Respondent, and any and all previous violations committed by the Respondent,
Ms. Williams moved that this Board find that Sarah Y. Woody has violated this
Board's prior Order of March 15, 2000 and this Board impose and certify a fine in
the amount of $25.00 per day, plus administrative costs which shall continue to
accrue until the respondent comes into compliance or until a judgment is entered
based upon this certification of fine. Mr. Miriana seconded the motion, which
carried unanimously.
Case No. 00-59
Pierre A. Burnette 3184 Ocean Parkway
6599 Donald Ross Road
West Palm Beach, FL 33418
Inspector Cain stated the property was cited on January 13, 2000 for violation of
the Community Appearance Code and Occupational License Required. No one
appeared at the March 15, 2000 Code Compliance Board Hearing. A
compliance date of April 17, 2000 was set or be fined $25.00 per day and the
property has not yet complied.
Motion
Based on the testimony and evidence presented in Case No. 00-59, and having
considered the gravity of the violations, the actions taken by the Respondent,
and any and all previous violations committed by the Respondent, Ms. Williams
moved that this Board find that Pierre A. Burnette has violated this Board's prior
Order of March 15, 2000 and this Board impose and certify a fine in the amount
of $25.00 per day, plus administrative costs which shall continue to accrue until
the respondent comes into compliance or until a judgment is entered based upon
this certification of fine. Mr. Miriana seconded the motion, which carried
unanimously.
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MEETING MINUTES
CODE COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
MAY 17, 2000
Case No. 00-61
David J. Hooper
3120 Ocean Parkway
Inspector Cain stated the notice of violation was dated January 13, 2000 for
violation of the Community Appearance Code. No one appeared at the March 15,
2000 Code Compliance Board Hearing. A compliance date of April 17, 2000 was
set or be fined $25.00 per day. The property is not yet in compliance.
Motion
Based on the testimony and evidence presented in Case No. 00-61, and having
considered the gravity of the violations, the actions taken by the Respondent,
and any and all previous violations committed by the Respondent, Mr. Miriana
moved that this Board find that David J. Hooper has violated this Board's pdor
Order of March 15, 2000 and this Board impose and certify a fine in the amount
of $25.00 per day, plus administrative costs which shall continue to accrue until
the respondent comes into compliance or until a judgment is entered based upon
this certification of fine. Vice Chair Hammer seconded the motion, which carried
unanimously.
Case #99-3040
Anthony & Patricia Dolphin 1512 NE 2nd Ct.
Inspector Melillo stated that he spoke with Mr. Dolphin today, who is a firefighter,
and has already begun the work on the property and has completed about half of
the work necessary. Inspector Melillo recommends that the case be tabled for 60
days because the respondent plans extensive work at the property.
Motion
Vice Chair Hammer moved that Case No. 99-3040 be tabled until the Code
Compliance Board July 16, 2000 meeting. Motion seconded by Mr. Miriana.
Mr. Foot pointed out that the actual meeting date in July is July 19th. Discussion
ensued that a fine certification must be tabled to a meeting date.
Vice Chair Hammer amended her motion to July 2000 meeting date. Mr. Miriana
seconded the amended motion. Motion carried 7-0.
Case #99-3054
Robert Huddleston
809 SE 4th Street
Inspector Lewis stated the notice of violation was dated December 31, 1999 for
violation of permit intent, inspections required. No one appeared at the Code
Compliance Board Hearing date of February 16, 2000. A compliance date of
March 1, 2000 was set or be fined $25.00 per day. The property has not
complied to date.
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MEETING MINUTES ......
CODE COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
MAY 17, 2000
Motion
Based on the testimony and evidence presented in Case No. 99-3054, and
having considered the gravity of the violations, the actions taken by the
Respondent, and any and all previous violations committed by the Respondent,
Mr. Foot moved that this Board find that Robert Huddleston has violated this
Board's prior Order of February 16, 2000 and this Board impose and certify a fine
in the amount of $25.00 per day, plus administrative costs which shall continue to
accrue until the respondent comes into compliance or until a judgment is entered
based upon this certification of fine. Ms. Williams seconded the motion, which
carried unanimously.
LIEN REDUCTIONS
Chairman DeLiso informed the Board that Mr. Blasie requested that the two
remaining lien reductions be tabled since the respondents did not appear and he
called for a motion.
Motion
Vice Chair Hammer mOved to table Case Nos. 98-2987 and 99-999 (Secretary of
HUD/CitiWest) and Case Nos. 95-1433 and 98-58 (Willie & Virginia Morrell) until
the June 2000 Code Compliance BOard Meeting date. Motion seconded by Ms.
Williams and unanimously carried.
CONSIDERATION OF DATE FOR WORKSHOP MEETING WITH
CITY COMMISSION, CODE COMPLIANCE DEPARTMENT,
CITY MANAGER'S OFFICE AND THE CITY ATTORNEY
Chairman DeLiso did not think that the meeting had to be scheduled
immediate y, but said that the Commission did want to meet with the Board
membeCs. Mr. Blasie said he woUld need 30 days in order to present some type
of package with alternate ideas and options.
Mr. Rossi inquired as to the purpose of the meeting and Mr. Blasie felt it was in
response to the lien reductions that were on the previous Commission agenda.
Some of the Commissioners feel that the right message is not being sent out into
the community with only administrative costs being assessed for fines. Of the
three lien reductions presented to the Commission, one was denied.
One COmmissioner felt that for first-time offenders administrative costs only
would be in line, but repeat offenders need to be addressed. Vice Mayor
Weiland brought up the fact that the Code Compliance staff is out in the field
working hard and citing people and the Board sits here for hours listening to all
the cases, yet people are ignoring the notices.
26
MEETING MINUTES '~
CODE COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
MAY 17, 2000
Vice Chair Hammer felt it would be beneficial if the Commissioners attended a
meeting to see wha. t is actually transpiring and how each case is different. Most
people that appear before this Board are very poor and don't even own
automobiles. Chairman DeLiso said that the meeting with the Commission would
be a good place to discuss these issues and for Board members to air their
concerns.
Mr. Rossi said it is difficult for anyone to understand how the Board operates and
sets fines without attending meetings and this Board utilizes lots of criteria for
establishing a penalty. Mr. Rossi felt it would be a good idea at the end of each
meeting for members to discuss what transpired during that meeting in the event
there were issues that needed to be addressed or clarified. Also, Mr. Rossi
suggested speaking to other Code Boards to determine how they operate and
Chairman DeLiso stated that it is his intention to go to other Board meetings with
Mr. Blasie to see how they work and they are planning to go to Delray Beach and
Lake Worth. Mr. Blasie said he would be surveying other communities to
address lien reductions and has always advocated following Florida State
Statutes which address the gravity of the violation, how compliance was obtained
and whether they are repeat violators.
Mr. Foot pointed out that the City Commission receives copies of all Board
meeting minutes and he has heard from some Commissioners regarding
proceedings that have occurred and does not feel that the Commissioners need
to attend to know what is going on. Vice Chair Hammer said that the minutes are
concise and repetitive and one has to be present to really get the feel of a
meeting.
Ms. Williams said that having a meeting is a good idea, but pointed out that the
Code Department staff's job is awesome and they are the ones that really know
what is going on. Ms. Williams said she is usually led by staff's
recommendations, because she has a great deal of confidence in staff. Ms.
Williams would like to see other departments involved in the workshops, such as
Community Development and the Building Department.
Mr. Blasie will follow through with the Commission on setting a date and will
report back to the Board.
ELECTION OF CHAIRPERSON
Mr. Rossi nominated Chris DeLiso as Chairman of the Code Compliance Board.
Motion seconded by Ms. Williams.
Mr. Foot stated in due respect to Chairman DeLiso, Mr. Foot has found difficulty
with Chairman DeLiso's command for respect from all members of the Board. Mr.
27
MEETING MINUTES ....
CODE COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
MAY 17, 2000
Foot felt that there have been times when Chairman DeLiso has intimidated or
tempted to intimidate some Board members who don't share his opinions.
Respectfully, if Chairman DeLiso continues as Chairperson, Mr. Foot requested
Chairman DeLiso find ways to be more respectful to other members of the Board.
Chairman DeLiso stated he would take this under advisement. Further,
Chairman DeLiso said that everybody is their own person on this Board and feels
that Mr. Foot has a personal problem and is sorry for that, but none of the other
members have a problem with Chairman DeLiso.
Mr. Foot requested that a schedule for elections be set on an annual basis.
Attorney Igwe said that the Board should vote on the motion.
Chairman DeLiso called for a vote on the motion for his nomination as Chairman
of the Board.
Chairman DeLiso announced that the motion carried 6-0.
Mr. Foot stated he did not vote in the negative on the motion. Mr. Foot said he
did not vote. Assistant City Attorney Igwe informed Mr. Foot that he must
participate in the voting. Mr. Foot said he could abstain and Attorney Igwe said
he could only abstain if there was a conflict of interest. Mr. Foot said he did not
have to vote under Robert's Rules and requested that Assistant City Attorney
Igwe research this.
Motion
Mr. Foot moved that this Board conduct election of a Chairman on an annual
basis during the month of January.
Because of a lack of a second, the motion died.
D. FORECLOSURES
Case No. 98-2847
Case No. 98-218
Case No. 99-1900
Case No. 99-2187
Case No. 99-658
Donna Haye
Roberto & Terry Rego
Don Pinatel
Robert Huddleston
Jorge Hernandez
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BOYNTON BEACH, FLORIDA MAY 17, 2000
Motion
Mr. Foot moved that the above cases listed on tonight's Agenda be forwarded to
the City Attorney's Office for foreclosure.Motion seconded by Vice Chair
Hammer and unanimously carried.
VI. ADJOURNMENT
Mr. Foot moved to adjourn the meeting. The meeting properly adjourned at 9:00
p.m.
Respectfully submitted,
Barbara M. Madden
Recording Secretary
(two tapes)
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