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Minutes 04-19-00MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, APRIL 19, 2000 at 7:00 P.M. PRESENT Christopher DeLiso, Chair Robert Foot Dick Lambert James Miriana Sarah Williams Thomas Walsh, Alternate ABSENT Patti Hammer, Vice Chair Enrico Rossi Nicholas Igwe, Assistant City Attorney Scott Blasie, Code Compliance Administrator Inspectors: Courtney Cain Luney Guillaume Skip Lewis Pete Roy Vestiguerne Pierre Willie Webb I. CALLTO ORDER Chairman DeLiso called the meeting to order at 7:05 p.m. II. APPROVAL OF MINUTES OF MARCH 15, 2000 MEETING Chairman DeLiso called for a motion to approve the minutes of the March 15, 2000 meeting. Motion Mr. Lambert moved to approve the minutes of the March 15, 2000 meeting, which was seconded by Mr. Miriani. Mr. Foot inquired if staff had reviewed the minutes and if they were satisfied with the minutes? Mr. Blasie replied that the minutes appeared satisfactory to him. Mr. Foot said the City is a party to these proceedings and suggested that staff review the minutes very carefully. Mr. Blasie took note of Mr. Foot's request. Motion unanimously carried. III. APPROVALOFAGENDA MEETING MINUTES "' CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 19, 2000 Chairman DeLiso asked Mr. Blasie if there were any additions or deletions to the Agenda. Mr. Blasie stated that there were deletions to the agenda as follows: B. C. Page 22 (Case D. Page 24 (Case E. Page 25 (Case F. Page 27 (Case G. Page 31 (Case H. Page 32 (Case I. Page 33 (Case Page 2 (Case 99-2824), James Nowlin, Jr. (complied) Page 17 (Case 00-435), Pedro Vegas (removed) 00-405), John & Sallie Waters (complied) 99-2854), Fred Ross (removed) 00-113), Carmen & Vergia Virgil (removed) 00-127), Hoctoleme & Aiseng Dezulme (complied) 00-390), Dean Oakes (complied) 00-573), Daniel Correra (complied) 00-629), Citrus Park Developers, Ltd. (complied) Chairman DeLiso called for a motion to accept the Agenda as amended. Motion Mr. Foot moved that the Agenda, as amended, be approved. Motion seconded by Mr. Miriana, which carried unanimously. IV. SWEARING IN OF WITNESSES AND INTRODUCTION Chairman DeLiso requested that Mr. Blasie call the roll. Mr. Blasie asked that everyone who was present tonight that wished to testify to please raise their hand and state "here" when their name is called. Chairman DeLiso requested that the Recording Secretary administer the oath to all persons who would be testifying this evening. V. NEW BUSINESS Chairman DeLiso explained that this Board follows Florida State Statutes and is a quasi-judicial Board. This Board has a plea system and a respondent can take the podium, plead "no contest", which means a wiolation does exist on your property, but you need more time 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. If you feel there is no violation that exists at your property, you can plead "not guilty". In that event, the City will present their case and you will present your case and your witnesses. The Board will then determine if the violation does exist on the property. If the Board finds that a violation exists at the property, the Board will then give the respondent a reasonable amount of time to MEETING MINUTES" ' CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 19, 2000 comply with the violation. When taking the podium, please state your name and address for the record. A. CASES TO BE HEARD Case No. 99-2928: Pro perty 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. Inspector Pierre stated that the case was originally cited on December 7, 1999 through routine inspection. Service was made by hand carry. Inspector Pierre submitted photographs taken by the City into evidence. The City is recommending that the Board issue a cease and desist order or be fined $250.00 per occurrence. Mr. Richard Brossieur, 7 Paxford Lane, Boynton Beach, Florida took the podium and pled not guilty. Assistant City Attorney Igwe asked the respondent if the pictures presented by the City are pictures of the property and the respondent replied no, not at this current date. The respondent had his own pictures to present to the Board that he took today. Mr. Brossieur stated he has only been involved with the property for two weeks and is now the manager of Yachtsman's Plaza. Mr. Brossieur stated that the pictures presented by the City could have existed when they were taken, but that condition does not exist at this time. Assistant City Attorney Igwe requested that the City's pictures be entered into evidence collectively as the City's Exhibit "1". The Board reviewed the pictures presented by the City. Inspector Pierre said when he went to this site this morning, it was clean and actually is now in compliance. Chairman DeLiso inquired if this was the MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 19, 2000 respondent's first offense and was told it was. Chairman DeLiso stated that this Board usually does not issue a cease and desist order for the first violation and it would have to be a repeat violation. Inspector Pierre stated the reason the respondent was brought before the Board is due to the fact that the property has been an ongoing problem. Chairman DeLiso inquired if the property had been cited in the past for the same occurrence? The property has been cited two to three times, but was not brought before the Board. Mr. Brossieur stated since he has become manager of the property he has been doing a great deal of cleaning up and has provided his phone number to staff for direct contact and is going to make every effort to turn the property around. Ms. Williams inquired as to the types of businesses located at the Plaza and would more garbage bins necessary? She was informed that there are two restaurants and a lot of retail space, which is not actually being used for retail. Also, there is a food store on the property. The respondent said he would be able to determine within the next couple of weeks whether more garbage bins are needed. Chairman DeLiso consulted with Attorney Igwe on how the cease and desist request should be dealt with and Attorney Igwe stated that this Board is a trial of the facts and the facts have been presented to the Board. Therefore, it is up to the Board to make a determination on whether or not to accept the City's recommendation to issue a cease and desist order or deny it. Mr. Blasie said that over the past year there have been countless numbers of complaints about this property and that Yachtsman's Plaza has been before the Board previously. Mr. Blasie feels that the new manager will do a good job with keeping up the property. Mr. Blasie suggested tabling the case for 30 days to see how things progress. Mr. Lambert questioned if 30 days would be sufficient. Mr. Foot would like to table the case for six months, but did not see any problem with issuing a cease and desist order and if the new manager keeps the property up, this wouldn't pose any problem to the owner. Motion Mr. Foot moved that James and Marta Batmasian have violated Chapter 10, Article II, Section 10-25 and Section 10-31 of the City Code of Ordinances and based on the nature of the violation, Mr. Foot moved that a Cease and Desist Order beginning April 20, 2000 be imposed with a fine in the amount $250.00 4 MEETING MINUTES ..... CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 19, 2000 per reoccurrence of the violation, plus administrative costs. Motion seconded by Mr. Lambert. Chairman DeLiso requested that the Recording Secretary call the roll: Chairman DeLiso No Mr. Foot Yes Mr. Lambert Yes Mr. Miriana No Ms. Williams No Mr. Walsh Yes The vote tied 3-3. Therefore, the motion died. Motion Mr. Lambert moved that Case No. 99-2928 be tabled until the Code Compliance Board Meeting to be held on May 17, 2000. Motion seconded by Mr. Lambert. Motion carried 6-0. Case No. 00-0338 Property Address: Violations: Herman & Glenda Wright 1990 NE 1st Lane Chapter 15, Article IX-15-120 (B).I, 120 (D), Inc.; Please remove any trash in swale; fill hole, install grass; remove all trash and debris, loose and miscellaneous items, and all unregistered/inoperable vehicles from backyard. Inspector Roy stated that the property was originally cited on February 17, 2000 and service was accomplished by certified mail. The respondents are present tonight. Mr. Herman Wright, 1990 NE 1st Lane, Boynton Beach took the podium and pled no contest and requested 30 days. Motion Based on the testimony and evidence presented in Case No. 00-0338, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Herman and Glenda Wright are in violation of Chapter 15, Article IX-15- 120 (B).I and 120 (D), Inc. of the City Code of Ordinances. Mr. Lambert moved 5 MEETING MINUTES ' CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 19, 2000 to order that the Respondents correct the violations on or before May 15, 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 Enforcement Division to arrange for reinspection of the property to verify compliance with this Order. Ms. Williams seconded the motion, which carried unanimously. Case No. 00-0339 Property Address: Violations: Angela M. & Ralph Hightower 1970 NE 1st Lane Chapter 15, Article IX-15-120 (B).I, 120 (D), Inc.; Please remove, repair and/or register your blue 4-door sedan in your backyard. Remove any trash in swale, fill hole and install grass. Inspector Roy stated that the property was cited through routine inspection and service was accomplished by certified mail. The respondents are present tonight. Mr. Ralph Hightower, 1970 NE 1st Lane, Boynton Beach assumed the podium and pled no contest. It was noted that the car has been removed and all that remained was the swale. Chairman DeLiso suggested 30 days for compliance to which Inspector Roy agreed would be sufficient. Motion Based on the testimony and evidence presented in Case No. 00-0339, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Angela M. and Ralph Hightower are in violation of Chapter 15, Article IX- 15-120 (B).I and 120 (D), Inc. of the City Code of Ordinances. Mr. Lambert moved to order that the respondents correct the violations on or before May 15, 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 Enforcement Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion, which carried unanimously. Case No. 00-0354 Property Address: Violations: Arthur L. & Delores A. Harmon 1500 NW 1st Court Chapter 15, Article IX-15-120 (B).I, 120 (D) 1.D; Please install grass in yard and swale for a uniform green lawn. MEETING MINUTES ~ CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 19, 2000 Inspector Roy stated that the case was originally cited on February 18, 2000 through routine inspection. Service was accomplished by certified mail and the respondents are present tonight. Arthur Harmon, 1500 NW 1st Court, Boynton Beach, Florida took the podium and pled no contest. Mr. Harmon asked for 60 days, to which the City agreed. Motion Based on the testimony and evidence presented in Case No. 00-0354, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Arthur L. and Delores A. Harmon are in violation of Chapter 15, Article IX-15-120 (B).I and 120 (D) 1.D of the City Code of Ordinances. Mr. Lambert moved to order that the respondents correct the violations on or before June 14, 2000. If the respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The respondents are further ordered to contact the City of Boynton Beach Code Enforcement Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Foot seconded the motion, which carried unanimously. Case No. 00-0431 Property Address: Violations: Bernard Villard & Magda Yvens 317 NE 16th Avenue Chapter 15, Article IX-15-120, Inc; Please remove concrete pieces and all other loose trash and debris from trash hole; fill hole and install grass. Inspector Roy stated the case was originally cited on February 29, 2000 and service was accomplished by hand carry. The respondents are present tonight. Ms. Magda Yvens, 317 NE 16th Avenue, Boynton Beach took the podium and pled no contest. The respondent requested 30 days for compliance. Motion Based on the testimony and evidence presented in Case No. 00-0431, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Bernard Villard and Magda Yvens are in violation of Chapter 15, Article IX-15-120 D, Inc. of the City Code of Ordinances. Mr. Lambert moved to order that the respondents correct the violations on or before May 15, 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 Enforcement Division to 7 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 19, 2000 arrange for reinspection of the property to verify compliance with this Order. Mr. Foot seconded the motion, which carried unanimously. Case No. 00-03'i2 Property Address: Violations: Dorothy Andrews 417 NE 13th Avenue Chapter 15, Article IX-15-120 (D) I.E; Please install sod in front and side yard. The Recording Secretary administered the oath to Ms. Andrews. Inspector Webb stated the case was originally cited on February 10, 2000 through routine neighborhood inspection. Service was obtained by certified mail and the respondent is present tonight. Ms. Dorothy Andrews, 417 NE 13th Avenue, Boynton Beach took the podium and pled no contest. The respondent asked for 30 days. Motion Based on the testimony and evidence presented in Case No. 00-0312, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Dorothy Andrews is in violation of Chapter 15, Article IX-15-120 (D) 1.E of the City Code of Ordinances. Mr. Lambert moved to order that the respondent correct the violations on or before May 15, 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 Enforcement Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Miriana seconded the motion, which carried unanimously. Inspector Webb stated that the respondent had another case on the Agenda and members were referred to Page 50. LIEN PENALTY CERTIFICATION Case No. 99-2584 Dorothy Andrews 417 NW 13th Avenue Inspector Webb stated the property was cited on October 12, 1999. The case first came before the Board on January 19, 2000 and no one appeared. A compliance date of March 13, 2000 was set or be fined $25.00 per day. Inspector Webb stated that 80% of the trash has been removed and there are some small trash piles that need to be picked up in order for the property to be in compliance. 8 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 19, 2000 Inspector Webb stated the respondent was present and has asthma. Inspector Roy stated that he would go over to the property and remove the trash piles himself and therefore the property would be in compliance. Chairman DeLiso noted that when InSpector Webb removes the remaining piles of trash, there would have been 37 days of non-compliance at $25.00 per day. Mr. Foot asked what staff recommended in the case? Inspector Webb stated staff recommends no fine or administrative costs. Motion Based on the testimony and evidence presented in Case No. 99-2584, Mr. Lambert moved that this Board find, as a matter of fact, that the respondent, Dorothy Andrews, was in violation of Code Sections Chapter 15, Article IX-15- 120 (D) 1.A and 120 (D) 1.H subsequent to the date of compliance specified in this Board's Order of January 19, 2000. Mr. Lambert moved that this Board find that the respondent failed to comply with this Board's Order and that this Board impose and certify no fine or administrative costs in this case. Mr. Walsh seconded the motion. Mr. Foot said that he takes exception to this vote as Mr. Blasie had previously furnished the Board totals of fines collected during the first quarter of the fiscal year being $43,000. Mr. Foot inquired what the costs were to run the Department during those four months? Mr. Blasie stated he did not bring his budget with him, but his annual budget is usually around $300,000. Mr. Foot intimated that the figures show why he voted against the motion. Motion carried 5-1 (Mr. Foot dissenting) LIEN PENALTY CERTIFICATIONS (Tabled) Case No. 98-3792 Troy Davis 2216 NE 3rd Court Inspector Roy stated that the notice of violation was dated November 3, 1998 for violations of the Community Appearance Code and Occupational License required. The case came before the Board on August 18, 1999 and the respondent was present. A compliance date of December 20, 1999 was set or be fined $25.00 per day. The property is not yet in compliance. Inspector Roy stated that he went to the property today and there are people working on the property. Chairman DeLiso requested to look at the photos of the property. Both Inspector Roy and the respondent presented photos of the property to the Board to review. 9 MEETING MINUTES ~' CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 19, 2000 Mr. Troy Davis, 2216 NE 3rd Court, Boynton Beach took the podium and stated he was present tonight to make his progress report which the Board requested at its last meeting. Mr. Lambert inquired how much more time would be needed to complete the work and Mr. Davis said he wanted to finish the house before working on the yard. Mr. Davis explained to the Board the work being done on the outside of the house. Mr. Davis stated that the yard needs sod and he has to put down a driveway. Ms. Williams inquired if the respondent was receiving assistance from Community Improvement and Mr. Davis replied he would be getting assistance for the sod. Motion Ms. Williams moved that Case No. 98-3792 be tabled until the Code Compliance Board Meeting to be held on May 17, 2000. Motion seconded by Mr. Foot, which carried unanimously. Mr. Foot reminded the respondent that the fine continues to run. Case No. 99-1863 Jerry McAdoo 434 NW 4th Avenue Boynton Beach, FL 201 NW ?th Avenue Inspector Webb stated the property was cited on July 28, 1999 for violation of the Community Appearance Code and permit required. No one appeared at the Code Compliance Board hearing date of November 17, 1999. A compliance date of February 14, 2000 was set or be fined $25.00 per day. The property is not yet in compliance for 65 days to date. The respondent is present tonight. Mr. Jerry McAdoo, 434 NW 4th Avenue, Boynton Beach took the podium. Mr. McAdoo stated that the violations for which he had been cited have been corrected and the only items which have not complied are the two windows. The respondent presented as evidence that he applied for a permit on March 15, 2000 to install the two windows and some fencing. The Building Department had comments on the fencing and returned the permit application. The fencing portion of the plans have now been deleted and he is now waiting approval for the two windows. Chairman DeLiso asked Mr. McAdoo if he has gone to the Building Department to check on the status of the permit and Mr. McAdoo replied that he went yesterday and it still isn't ready. 10 MEETING MINUTES .... CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 19, 2000 Motion Mr. Lambert moved that Case No. 99-1863 be tabled until the Code Compliance Board Meeting to be held on May 17, 2000. Motion seconded by Ms. Williams. Mr. Miriana did not think it was fair to keep the fine running because of the delays that the City is causing. Motion carri,~d 6-0. Case #99-1 164 Kim and Cyd Fender 12 Dogwood Circle Lake Worth, FL 33462 Inspector C violation of 15, 2000 C¢ was set or be fined $25.00 per day. respondent is present. 2900 High Ridge Road ain stated that the notice of violation date was May 25, 1999 for Ihe Community Appearance Code. No one appeared at the March ,de Compliance Board hearing. A compliance date of April 17, 1999 The property has not yet complied. The Mr. Mark Fender, 2900 High Ridge Road, Boynton Beach took the podium and stated he did not appear at the last hearing because the notice was sent to his sister's home address and there was a lack of communication. Mr. Fender stated that he has been working with Inspector Cain since he came out to the property on May 17th. Mr. Fender contracted with Clark Construction in 1999 to totally redo the site and would be doubling the size of the building. The parking lot needed to be configured and new landscaping would be added. Because this was a major site plan modification, they were required to go through all the City requirements for getting approval. Mr. Askew of Clark Construction accompanied Mr. Fender to the podium. Mr. Fender said he was uncertain of the violations and that the graffiti has been removed. Inspector Cain confirmed that the graffiti has complied. Chairman DeLiso requested that Inspector Cain inform the respondent of the violations. Inspector Cain stated the property was cited as the result of a complaint and that person is still complaining. Mr. Lambert inquired if the property was cited because of sod and a sprinkler why hasn't this been done? The respondent stated that the building is being reconfigured and he did not want to replace the sod until the construction was completed. Mr. Jerry Askew, Clark Construction Service, 3735 Shares Place, Riviera Beach responded that the property was contracted last February and he started immediately preparing the plans and meeting with the City. Mr. Askew presented the scenario as to why the project was taking so long. Chairman DeLiso 11 MEETING MINUTES' CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 19, 2000 responded that the Board was aware that the respondent did not want' to place the sprinklers and sod down because of the construction of the property. Chairman DeLiso inquired how much time was necessary to complete the building and Mr. Askew replied six months. Mr. Askew stated that with regard to the sprinkler system, they had to take the pumps out and this is now part of the electrical approval that is required on the new plans. Chairman DeLiso inquired if the City would agree to tabling the case for six months. Mr. Askew pointed out that the respondent has spent over $40,000 to put temporary roads in, but cannot put the landscaping in because it will die. This is due to the fact that the Utilities Department wants another fire hydrant, which would tear up more than 200' of the front of the building. Mr. Lambert asked the respondent why they stopped maintaining the landscaping and Mr. Askew said they had to take the landscaping out when they were doing remodeling for their tenant. Mr. Fender said that they had to totally redo the landscaping in order to meet City compliance. Ms. Williams inquired how many tenants were located on the property and was informed there were two. Office Depot and American Recycling are the tenants. Mr. Foot questioned why the respondent wasn't trying to minimize the impact on the neighbors by puffing in temporary shielding. Mr. Fender stated putting in temporary structures wouldn't make any sense. Inspector Cain stated that there were rust spots on the side of building from the well water. Mr. Askew said they have a painter ready to do the painting and have been waiting for the permits. Mr. Askew was informed that a permit was not necessary to paint the building. Mr. Fender also pointed out that a great deal of the current landscaping will become paving and the site is being reconfigured. Chairman DeLiso suggested that the Board table the case for four months and then come back to the Board with a progress report. Motion Ms. Williams moved that Case No. 99-1164 be tabled until the Code Compliance Board Meeting to be held on October 18, 2000. Motion seconded by Mr. Foot and unanimously carried. Case #99-2144 Julia Roque 109 Arthur Court Inspector Cain stated that the notice of violation was dated August 26, 1999 for violation of the Community Appearance Code. The respondent did appear at the Code Compliance Board Hearing date on November 17, 1999. A compliance 12 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 19, 2000 date of March 13, 2000 was set or be fined $25.00. The property complied on April 14, 2000 for 31 days of non-compliance. The City recommends no fine because the respondent's permit had been held up at the Building Department. Also, Inspector Cain reported that the Respondent put in a concrete driveway and the property looks good. Motion Based on the testimony and evidence presented in Case No. 99-2144, Ms. Williams moved that this Board find, as a matter of fact, that the respondent, Julia Roque, was in violation of Code Section Chapter 15, Article IX-15-120 (D), Inc., subsequent to the date of compliance specified in this Board's Order of November 17, 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. Mr. Lambert seconded the motion, which carried unanimously. Case #99-3027 George & Yvette Williams 110 NE 27th Ave. Inspector Cain stated that the violation date was December 20, 1999 for violation of Permit Intent. The respondents appeared at the February 16, 2000 Code Compliance Board Hearing. A compliance date of March 1, 2000 was set or be fined $25.00 per day. The property complied on March 13, 2000 for 11 days of non-compliance. The City recommends no fine. The respondents are present tonight. Mr. Foot inquired why the City was recommending no fine? Inspector Cain stated that the respondents were only 11 days late in meeting compliance and it wasn't necessary for Inspector Cain to go out to the property to make an inspection. Ail the respondents had to do was call the Building Department to make their inspection and then staff contacted the Building Department to determine that an inspection did in fact take place. Motion Based on the testimony and evidence presented in Case No. 99-3027, Mr. Lambert moved that this Board find, as a matter of fact, that the respondents, George and Yvette Williams, were in violation of Code Section SBC '94 Edition 104.6.1, subsequent to the date of compliance specified in this Board's Order of February 16, 2000. Mr. Lambert moved that this Board find that the respondents failed to comply with this Board's Order and that this Board impose and certify no fine or administrative costs. Ms. Williams seconded the motion, which carried unanimously. 13 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 19, 2000 Case No. 99-3031 Brad S. Carlton 8297 Thames Blvd., Apt. D Boca Raton, FL 33433 583 Alto Road Inspector Cain stated that the notice of violation was dated December 20, 1999 for violation of Occupational License 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 complied on April 14, 2000 for 43 days of non-compliance. Mr. Dawson, the new property, owner was present. The City recommends no fine. When the property was first cited, it was owned by Mr. Carlton, who was an absentee landlord. The property was foreclosed upon and Mr. Dawson purchased the property. Once Mr. Dawson purchased the property he contacted Inspector Cain and there has been good communication with the new owner. The property passed inspection. The property is a duplex, which sits on a large lot, and the rgspondent went beyond what was required by installing eight to ten pallets of gr~ss to bring the property into compliance. Motion Based on the testimony and evidence presented in Case No. 99-3031, Mr. Lambert moved that this Board find, as a matter of fact, that the respondent, Brad S. Carlton, was in violation of Code Sections 13-16, subsequent to the date of compliance specified in this Board's Order of February 16, 2000. Mr. Lambert moved that this Board find that the respondent failed to comply with this Board's Order and that this Board impose and certify no fine or administrative costs. Mr. Miriana seconded the motion, which carried unanimously. Mr. Foot again questioned why no administrative costs were being assessed and asked Inspector Cain if there were no inspections required. Inspector Cain stated there were two inspections required. Mr. Foot requested that the Recording Secretary include his comments when he opposes something, and that he has to vote no. Mr. Foot feels that the City had expenses and this Board should not encourage people to violate the codes and not expect to pay. Motion carried 5-1 (Mr. Foot dissenting) Case No. 99-1879 Marie M. & Marie L. Adolphe 5731 Lincoln Circle E Lake Worth, FL 33463 2751 NE 1st Street Inspector Cain stated the notice of violation was dated July 28, 1999 for Occupational License Required. The respondent did appear at the December 15, 1999 Code Compliance Board hearing date. A compliance date of February 14 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 19, 2000 14, 2000 was set or be fined $25.00 per day. The property complied on April 14, 2000 for 59 days of non-compliance. Inspector Cain stated that when the respondent last appeared he informed the Board that it took him a great deal of time to get the tenants evicted. Inspector Cain stated that the property is vacant and furniture was piled up in the swale. Therefore, the occupational license requirement has complied since the property is vacant. The City recommends no fine. Chairman DeLiso requested that the Recording Secretary administer the oath to the respondent. Mr. Adolphe reiterated what Inspector Cain stated regarding the eviction process taking a long time. The tenant moved out on April 12th and since the tenant has vacated the property, Mr. Adolphe stated he has done major repairs to the property and cleaned it up. Motion Based on the testimony and evidence presented in Case No. 99-1879, Mr. Lambert moved that this Board find, as a matter of fact, that the respondents, Marie M. and Marie L. Adolphe, were in violation of Code Sections 13-16, subsequent to the date of compliance specified in this Board's Order of December 15, 1999. Mr. Lambert 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. Walsh seconded the motion. Mr. Foot said that the responsibility of the landlord has not been mitigated by the respondent's misfortunes and that the City should be recouping at least its administrative costs. Motion carried 5-1 (Mr. Foot dissenting). CHAIRMAN DeLISO CALLED FOR A RECESS AT 8:25 P.M. THE MEETING RECONVENED AT 8:40 P.M. C. LIEN REDUCTIONS Case No. 97-3700 Frank & Ada Wallmueller 609 N. Federal Hwy Mr. Blasie stated the case was originally cited on October 7, 1997 for violation of Sign Removal Required and Signs Prohibited (Banners). No one appeared at the November 19, 1997 Code Compliance Board Hearing date. A compliance date of February 16, 1998 was set or be fined $25.00 per day. The property complied on April 29, 1998 for 71 days of non-compliance for a total fine of 15 MEETING MINUTES -~ CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 19, 2000 $1,775.00 plus administrative costs of $634.12. Mr. Blasie presented two pictures of the signs, one before and one after. The respondent acknowledged that these were pictures of his signs. It was noted that there was a typographical error in the compliance date and it was April 29, 1998, not 1999. Mr. Foot asked what the City was recommending and Mr. Blasie replied that staff usually does not make any recommendations in lien. reductions. Mr. Frank Wallmueller took the podium and stated he does not have a good excuse for waiting this long before coming before the Board. He stated he applied for a lien reduction last year, but never followed through with it. Also, Mr. Wallmueller informed the Board that he is now divorced from Ada Wallmueller and the papers were going to her house and he was not receiving them. He said he found the papers recently and called the City and determined that the case was still open. The Recording Secretary administered the oath to the respondent. The respondent explained that when he was first cited he hired a contractor to take care of the sign. The contractor applied for a permit and it took over a month for the City to approve the permit and after the permit was finally issued the contractor completed the work within a week. The respondent felt he should not be assessed any fine because it was the City's fault that the permit process took so long. The actual sign removal involved removing the upper sign, which was decayed, leaving just the lower portion of the sign. Mr. Foot pointed out that the respondent was late in putting in for a permit and Mr. Wallmueller said he filed an application at least one week before the February 16, 1998 compliance date. Mr. Blasie pointed out that the respondent was cited in October and waited until a week before the deadline to deal with the problem. Chairman DeLiso suggested that the administrative costs should be assessed in this case. Motion Based on the testimony and evidence presented in Case No. 97-3700, and having been advised that the respondents have complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board recommend to the City Commission that the fine instituted in Case No. 97-3700, by virtue of this Board's Order of November 19, 1997, be reduced to the administrative costs of $634.12. Mr. Walsh seconded the motion, which carried unanimously. 16 MEETING MINUTES ...... CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 19, 2000 Case No. 98-4057 Louis & Arthur Josaphat 2622 NE 3rd Street Mr. Blasie stated that the property was originally cited on November 24, 1998 for violations of the Community Appearance Code. No one appeared at the January 20, 1999 Code Compliance Board Hearing Date. A compliance date of February 15, 1999 was set or be fined $25.00 per day. The property complied on April 12, 2000 for 422 days of non-compliance and a total fine of $10,550 plus administrative costs of $634.12. Mr. Blasie presented photographs of the property, two before and two taken today. Chairman DeLiso inquired if this was a foreclosure and Mr. BlaSie stated that the applicant could address this question. Mr. Blasie asked the respondent to confirm that the pictures were of her property. Ms. Sherri Cavalen with Triumph Funding Resources took the podium and said she was present tonight .on behalf of the respondents. Triumph Funding Resources does home improvement finance and one of their contractors was contracted to do the re-roofing on this property. Ms. Cavalen said the respondent has a speaking problem and had appeared before the Board in February and tried to resolve the issue, but did not understand What the violations were. He asked her company to assist him with the lien issue and Ms. Cavalen informed him that the property needed to be brought into compliance and the property is now in compliance. Chairman DeLiso asked Ms. Cavalen if this was a refinance and she replied it was. Chairman DeLiso was of the opinion that if the property was not being refinanced, the lien would still exist. Ms. Cavalen stated that the respondent rebuilt his roof and took a signature loan and has no immediate reason to refinance because he didn't want to refinance the house to pay for the roof. The respondent opted to take a signature loan at a very high interest rate. Mr. Foot stated that the amount of the fine is not justified considering the type of violation. Motion Based on the testimony and evidence presented in Case No. 98-4057, and having been advised that the respondents have complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of BoyntOn Beach Code of Ordinances, Mr. Foot moved that this Board recommend to the City Commission that the fine instituted in Case No. 98-4057, by virtue of this Board's Order of January 20, 1999, be reduced to $500.00 plus the administrative costs of $634.12, for a total fine of $1,134.12. Mr. Miriani seconded the motion. 17 MEETING MINUTES --~ CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 19, 2000 Motion carried 5-1 (Chairman DeLiso dissenting). Case No. 98-3158 C.J. & Oddesser Ousley 409 NW 9th Avenue Mr. Blasie stated that the property was originally cited on August 31, 1998 for violation of the Community Appearance Code. The respondent did appear at the Code Compliance Board Hearing on December 16, 1998 and a compliance date of February 16, 1999 was set or be fined $25.00 per day. The property came into compliance on April 18, 2000 for 426 days of non-compliance for a total fine of $10,650 plus administrative costs of $730.15. Mr. Blasie presented photographs of the property taken today, as well as photographs of the property when it was cited. Mr. Blasie said that the respondents did make an application with Community Improvement. Mr. Blasie produced a letter dated September 30, 1999 from Community Improvement which stated that they went out to look at the property and found that the respondent had already made a great many of the repairs for which she had applied for assistance. Ms. Debbie Albert took the podium with Ms. Ousley and stated she was working as the respondent's trustee to help her with her pending foreclosure. Ms. Albert stated that the respondent was told to resod her property and remove some vehicles that had been parked on her front lawn to which she complied. Also, Ms. Ousley hired a contractor who talked her into getting a loan to do improvements on her house. The contractor made all kinds of promises on what he would do. The contractor did very little work and had Ms. Ousely sign a $4,900.00 check over to him and left. He told her that unless she gave him more money, he would not do any work. Actually, he did about $500 worth of work. Ms. Albert said this particular issue would be taken up with the Police Department. Ms. Albert also stated that this contractor harassed the respondent at her place of employment and she lost her job. She is now burdened with the loan and has a very large family to support. The respondent fell behind in her payments on the loan. Ms. Albert said they have been helping her out and are now trying to get the loan refinanced so that the inside of the house could be fixed up. Chairman DeLiso requested to look at the check. Mr. Foot asked what Ms. Albert's relationship was to the respondent and was she working pro bono. Ms. Albert said she works with people in foreclosure and she is the trustee of the property and is trying to get the loan paid off. 18 MEETING MINUTES" CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 19, 2000 Ms. Williams asked why it took so long to bring the property into compliance. Ms. Ousley said that she applied to the City for assistance through Ms. Sherrod's office and Ms. Ousley said that every time she contacted Ms. Sherrod, she was informed that the application was pending and that she would not be fined because her case is pending. Ms. Ousley said she got tired of waiting and contracted with the contractor who took her money and left. The City never gave her any assistance. Attorney Igwe inquired what was "pending" and Ms. Ousley stated "the application with Ms. Sherrod" who said that they would be putting a roof on the house. Attorney Igwe asked for clarification on the statement "that she was not going to be fined"? Ms. Ousley said Ms. Sherrod informed her that she was not going to be fined by Code Enforcement because her application was pending. Chairman DeLiso stated that Ms. Sherrod should not have told Ms. Ousley that she would not be fined since she has no authority to state this. Ms. Williams asked if the delay was due to communication with the Community Improvement Department and Ms. Ousely felt it was. Mr. Foot asked if there was any way that these statements could be documented? Mr. Blasie stated that typically Community Improvement gives him a memorandum on the various applicants. The memorandum is put in the respondent's file and the case would not be brought before the Code Board. Mr. Blasie stated that the only communication that he had from Community Improvement was a September 30, 1999 memorandum stating they went out to the property and the work had been done. Mr. Foot said that the respondent had not been sworn in and Chairman DeLiso requested that the Recording Secretary administer the oath to Ms. Ousely and Ms. Albert. Mr. Blasie stated that there was evidence in the file dated August 5, 1999, which states the application is still pending on Octavia's list. Also, there is a narrative dated December 29, 1998 that stated the respondent called and said she needed assistance to apply. Therefore between the December 16, 1998 hearing date and the August 5, 1999 memorandum, there are no other notations. Mr. Foot suggested tabling the case until Ms. Sherrod's office could be contacted to determine what transpired. Ms. Williams asked when the respondent made application and Ms. Ousely stated she applied in February and waited six months, but could not get any communication from Ms. Sherrod. Ms. Williams felt that the respondent has tried her best and that she has gone through an ordeal in trying to get assistance. 19 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 19, 2000 Motion Based on the testimony and evidence presented in Case No. 98-3158, and having been advised that the respondents have complied with all lien reduction procedures set fo:Ah in Sections 2-84 through 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. 98-3158, by virtue of this Board's Order of December 16, 1998, be reduced to no fine. Motion seconded by Mr. Walsh. Motion Mr. Foot moved that Ms. Williams' motion be tabled one month. Mr. Foot stated it is parliamentary procedure for his motion to table receives a second and a vote. Attorney Igwe stated that Mr. Foot's motion could be seconded and disposed of first and then the original motion could be addressed. Mr. Lambert seconded Mr. Foot's motion. Mr. Lambert agreed that more facts were necessary before the Board makes a decision. Chairman DeLiso called for a vote on the motion to table made by Mr. Foot. Motion failed 2 for the motion and 4 against. (Chairman DeLiso, Messrs. Miriani and Walsh and Ms. Williams dissenting). Mr. Foot felt without more evidence to exonerate the respondent, the Board is making a mistake by sweeping this under the rug. Chairman DeLiso called for a vote on Ms. Williams' motiOn for no fine. Mr. Blasie said he would contact Community Improvement tomorrow to follow through on the case. This will be needed for the City Commission. Motion carried 4-2 (Messrs. Foot and Lambert dissenting). Case No. 98-2032 David & Kathryn Wagy 16366 Water Way Delray Beach, FL 33484 3617 SE 2nd Court Mr. Blasie stated that the property was originally cited on May 20, 1998 for violations of the Community Appearance Code. The case first came before the 2O MEETING MINUTES -~ t CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 19, 2000 Board on September 16, 1998 and no one appeared. A compliance date of October 20, 1998 was set or be fined $25.00 per day. The property complied April 4, 2000 for 531 days of non-compliance for a total fine of $13,275.00, plus administrative costs of $634.12. Mr. Blasie presented two photographs of the property taken today and two when the property was cited. Mr. Blasie said that he spoke with the respondent tonight who said that he never received the notices. However, Mr. Wagy acknowledges that the Palm Beach County real estate records list him as living at this address and he receives his tax bills at the 3617 SE 2nd Court Address. Chairman DeLiso inquired who signed the certified receipt and Mr. Blasie replied that it was not Mr. Wagy's signature. Mr. David Wagy, 16366 Water Way, Delray Beach took the podium and said he filed a change of address with the City 15 years ago because he moved to another house. Attorney Igwe inquired if a change of address was furnished to City Hall and Mr. Wagy said he phoned City Hall. Attorney Igwe asked Mr. Wagy if he could document this and he said he could not document this, but does remember calling. Mr. Lambert inquired why the tax bill was continuing to be mailed to the SE 2nd Court address? The respondent stated that the renters never gave him any of the notices and that he would not have let this continue for two years. However he did state that the tenants gave him the tax bills. Mr. Wagy said he learned there was a lien on the property when a title search was done. He further stated had he known about the violations, he would have taken care of it. Chairman DeLiso asked the respondent if he planned to sell the property and he stated he did. Motion Based on the testimony and evidence presented in Case No. 98-2032, and having been advised that the respondents have complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board recommend to the City Commission that the fine instituted in Case No. 98-2032, by virtue of this Board's Order of September 16, 1998, be reduced to $500.00 plus the administrative costs of $634.12, for a total fine of $1,134.12. Mr. Walsh seconded the motion. Motion carried 6-0. 21 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 19, 2000 CASES TO BE HEARD Case No. 00-0171: Property Address: Violations: William D. Millette 5 Misty Laurel Circle SBC '94 ED, 104.6.1, Permit #99-1427; All work must be completed and final inspection on window; See copy of "red tag. Inspector Guillaume stated the case was originally cited on January 25, 2000 through a red tag from the Building Division. Service was accomplished by certified mail and the City recommends 10 days. After discussion it was determined that 10 days would not be sufficient time. Motion Based on the testimony and evidence presented in Case No. 00-0171, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that William D. Millette is in violation of SBC '94 ED, 104.6.1of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before May 15, 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 Enforcement Division to arrange for reinsPection of the property to verify compliance with this Order. Motion seconded by Ms. Williams. Motion carried 6-0. Case No. 00-0172: Property Address: Violations: Marlene Israel 2620 NE 3rd Court SBC ' 94 ED, 104.6.1, Permit #99- 0329; Work completed without inspections; see copy of "red tag" dated November 29, 1999. Inspector Guillaume stated the case was originally cited on January 25, 2000 and that service was accomplished by certified mail. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-0172, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Marlene Israel is in violation of SBC '94 ED, 104.6.1of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before May 15, 2000. If the Respondent does not comply with 22 MEETING MINUTES ~-f CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 19, 2000 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 Enforcement Division to arrange for reinspection of the property to vedfy compliance with this Order. Motion seconded by Ms. Williams. Motion carried 6-0. Mr. Miriana asked for clarification on these two cases and Mr. Blasie stated that in both cases permits were pulled and the work was done and they did not get all the required inspections; therefore, the permits lapsed in six months. Case No. 00-0033: Property Address: Violations: Rozia Laine 327 SW 3rd Avenue Chapter 15, Article IX-15-120 (D) 1, Inc.; Please remove all inoperative, unregistered autos from the property; grass needed in dead areas of the lawn. Inspector Lewis stated the property was originally cited on January 7, 2000 and service was made by certified mail. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-0033, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Rozia Laine is in violation of Chapter 15, Article IX-15-120 (D) 1, Inc. of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before May 15, 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 Enforcement Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana. Motion carried 6-0. Case No. 00-0209: Property Address: Violations: Ernest Kitching 1106 SE 1st Street Chapter 15, Article IX-15-120 (D) 1, Inc.; Swale area on the north side of the property needs to be mowed and trimmed; outdoor storage needs to be properly screened; abandoned 23 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 19, 2000 autos need to be removed from the property. Inspector Lewis stated the property was originally cited on January 28, 2000 and service was made by certified mail. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-0209, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Ernest Kitching is in violation of Chapter 15, Article IX-15-120 (D) 1, Inc. of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before May 15, 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 Enforcement Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriani. Motion carried 6-0. Case No. 00-0300: Property Address: Violations: Lucio Lozano 212 W. Ocean Avenue Chapter 15, Article IX-15-120 (D) 1, Inc. and SBC '97 ED, 104.1.1; Please remove non-permitted rear yard wood structure; all tires, and outdoor stored materials from the property. Inspector Lewis stated the property was originally cited on February 10, 2000 and service was made by certified mail. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-0300, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Lucio Lozano is in violation of Chapter 15, Article IX-15-120 (D) 1, Inc. and SBC '97 ED 104.1.1 of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before May 15, 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 Enforcement Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriani. Motion carried 6-0. Case No. 98-1219: Property Address: Helen M. Hagen 3307 Fernwood Drive 24 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 19, 2000 Violations: Chapter 15, Article IX-15-120 (D) 1, Inc.; Define driveway borders and de- weed; maintain lawn in weed-free condition. Inspector Roy stated the property was originally cited on March 23, 1998 and the City recommends tabling the case until its next meeting. The Respondent will be receiving assistance from Community Improvement. Motion Mr. Lambert moved that Case No. 98-1219 be tabled until the Code Compliance Board Meeting to be held on May 17, 2000. Motion seconded by Ms. Williams and unanimously carried. Case No. 00-0154: Pro perty Add ress: Violations: Cleo Briggs 2867 SE 2nd Street Chapter 15, Article IX-15-120 (D), Inc.; Remove all loose articles from porch, washer, bottles, etc. Inspector Roy stated the case was originally cited on January 24, 2000 through routine neighborhood inspection. Service was made by certified mail and the City recommends 15 days. Motion Based on the testimony and evidence presented in Case No. 00-0154, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Cleo Briggs is in violation of Chapter 15, Article IX-15-120 (D) Inc. of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before May 5, 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 Enforcement Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriani. Motion carried 6-0. Case No. 00-0521: Pro perty Add ress: Violations: James Rindone SE 31st Avenue PT3-LDR. Chapter 2, Section 5.A. 1; Vacant lot west of 111 SE 31st Avenue; open storage of boats and construction material prohibited in 25 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 19, 2000 residential zone; remove these items from lot and maintain per code. The property was originally cited on March 9, 2000 through routine neighborhood inspection and service was made by posting. The City recommends 15 days. Motion Based on the testimony and evidence presented in Case No. 00-0521, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that James Rindone is in violation of PT3-LDR. Chapter 2, Section 5.A.1 of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before May 5, 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 Enforcement Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriani. Motion carried 6-0. Case No. 00-0117: Property Address: Violations: Publix Supermarkets, Inc. 5500 Park Ridge Blvd. SBC '97 ED 105.6; Please call Sam Dillingham, Building Division for inspections or extend or renew your permit #99-3636; See copy of "red tag" dated January 20, 2000. Inspector Roy stated that the case was originally cited on January 20, 2000 and service was accomplished by certified mail. The City recommends 15 days. Motion Based on the testimony and evidence presented in Case No. 00-0117, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Publix Super Markets, Inc. is in violation of SBC '97 ED 105.6 of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before May 5, 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 Enforcement Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriani. Motion carried 6-0. Case No. 00-0318: Property Address: George A. and Dawn A. McCray 370 NW 16th Court 26 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 19, 2000 Violations: Chapter 15, Article IX-15-120 (D) .lA and 120 (D) I.D; Please remove or properly register your white 4-door Sterling. Install grass where bare spots occur. Inspector Roy stated that Article 120 (D) .lA has complied. The property was cited as the result of a routine neighborhood inspection and service was accomplished by certified mail. The respondents are working on the violation and are close to compliance. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-0318, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that George A. and Dawn A. McCray are in violation of Chapter 15, Article IX- 15-120 (D) 1 .D of the City Code of Ordinances. Mr. Lambert moved to order that the Respondents correct the violations on or before May 15, 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 Enforcement Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriani. Motion carried 6-0. Case No. 00-0239: Property Address: Violations: Henry L. Watson 508 NW 9th Avenue Chapter 15, Article IX-15-120 (D) 120 (D) 1, Inc.; Remove all unlicensed and inoperable vehicles from property; trim all bushes; remove all loose trash and debris. Inspector Webb stated the property was originally cited on February 3, 2000 through a citizen's complaint. Service was accomplished by posting and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-0239, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Henry L. Watson is in violation of Chapter 15, Article IX-15-120 (D) 1. Inc. of the City Code of Ordinances. Mr. Lambert moved to order that the 27 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 19, 2000 Respondent correct the violations on or before May 15, 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 Enforcement Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriani. Motion carried 6-0. Case N o. 00-0258: Property Address: Violations: James Scerba 814 NW 4th Avenue Chapter 15, Article IX-15-120 (D) 1, Inc.; Please trim hedges; remove trash and debris from rear property; clean or drain dank water from pool, Inspector Webb stated that the property was originally cited on February 4, 2000 through a citizen's complaint. Service was obtained by certified mail and the City recommends 15 days. Motion Based on the testimony and evidence presented in Case No. 00-0258, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that James Scerba is in violation of Chapter 15, Article IX-15-120 (D) 1. Inc. of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before May 5, 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 Enforcement Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. Motion carried 6-0. Case No. 00-0368: Property Address: Violations: Lucio and Maria V. Garcia 519 N. Seacrest Blvd. Chapter 15, Article IX-15-120 (D) 1.D and 120 (D) I.H; Remove all loose trash and debris from property; trim bushes and trees; property has become a public nuisance. Inspector Webb stated that the property was originally cited on February 23, 2000 through a citizen's complaint. Service was obtained by posting and the City recommends 10 days. 28 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 19, 2000 Motion Based on the testimony and evidence presented in Case No. 00-0368, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Lucio and Maria V. Garcia are in violation of Chapter 15, Article IX-15- 120 (D) 1. Inc. and 120 (D) 1.H of the City Code of Ordinances. Mr. Lambert moved to order that the Respondents correct the violations on or before May 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 Enforcement Division to arrange for reinspection of the property to vedfy compliance with this Order. Motion seconded by Mr. Miriana. Motion carried 6-0. Case No. 00-0528: Property Address: Violations: David P. and Vedwati Pooran 653 Manor Drive Chapter 15, Article IX-15-120 (D) .lA and 120 (D) 1.E; PT 3 - LDR, Chapter 20-VIII, Section 2.H; Property contains auto tires, unregistered and inoperable boat, and other discarded debris stored outside that must be disposed of properly; rat infestation; sod all bare areas; re-surface driveway. Inspector Webb stated the case was originally cited on March 10, 2000 through a citizen's complaint. Service was obtained by certified mail and the City requests 30 days. Motion Based on the testimony and evidence presented in Case No. 00-0528, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Dave P. and Vedwati Pooran are in violation of Chapter 15, Article IX-15- 120 (D) lA, 120 (D) 1.E and PT3-LDR, Chapter 20, VIII, Section 2.H of the City Code of Ordinances. Mr. Lambert moved to order that the Respondents correct the violations on or before May 15, 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 Enforcement Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana. 29 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 19, 2000 Mr. Foot inquired about the rat infestation and Inspector Webb said he has already spoken to the respondent on this issue and it is being taken care of. Motion carried 6-0. Case No. 00-0125: Pro pe rty Add ress: Violations: Fredericka Dixon 2407 NE 4th Court Chapter 15, Article IX-15-120 (E) 2C, 10-2 B.B.C. of Ord.; Please remove all trash and debris from property; repair all broken windows in house; overgrowth and/or debris. Inspector Webb stated the case was originally cited on March 10, 2000 through a citizen's complaint. Service was obtained by certified mail and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-0125, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Fredericka Dixon is in violation of Chapter 15, Article IX-15-120 (E) 2C, and 10-2 of the B.B.C. of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before May 15, 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 Enforcement Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana. Motion carried 6-0 Case No. 00-0128: Pro perty Add ress: Violations: Roberto Martinez 2633 NE 4th Street Chapter 15, Article IX-15-120 (E) 2C, 10-2 and 10-52 of the B.B.C. of Ord.; Please remove all trash and debris from yard; repair windows, fences; vehicles in rear yard must be registered; overgrowth and/or debris. Inspector Cain stated the property was originally cited on January 21, 2000 through routine neighborhood inspection. The City recommends 30 days. 3O MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 19, 2000 Motion Based on the testimony and evidence presented in Case No. 00-0128, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Fredericka Dixon is in violation of Chapter 15, Article IX-15-120 (E) 2C, and 10-2 and 10-52 of the B.B.C. of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before May 15, 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 Enforcement Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. Motion carried 6-0. Case No. 00-0129: Property Address: Violations: Pedro Valentin/Norma Carraffa 2652 NE 3rd Street Chapter 15, Article IX-15-120 (E) 2A, 120 (D) .lA and 10-52 of the B.B.C. of Ord.; Please paint fascia boards around top of house; remove furniture, car motor from property. Inspector Cain stated the property was originally cited on January 21, 2000 through routine inspection of the neighborhood. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-0129, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Pedro Valentin and Normal Carraffa are in violation of Chapter 15, Article IX-15-120 (E) 2A, 120 (D) .lA and 10-52 of the B.B.C. of Ordinances. Mr. Lambert moved to order that the Respondents correct the violations on or before May 15, 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 Enforcement Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. Motion carried 6-0. Case No. 00-0138: Property Address: Violations: Stephene Jean and Marie Dieujuste 2634 NE 4th Court Chapter 15, Article IX-15-120 (D) .lA; Keeping furniture, trailers, cans, appliances is not allowed. 31 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 19, 2000 Inspector Cain stated the property was originally cited on January 21, 2000. Service was accomplished by certified mail and the City recommends 10 days. Motion Based on the testimony and evidence presented in Case No. 00-0138, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Stephene Jean and Marie Dieujuste are in violation of Chapter 15, Article IX-15-120 (E) 2A, 120 (D) .lA the City Code of Ordinances. Mr. Lambert moved to order that the Respondents correct the violations on or before May 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 Enforcement Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. Motion carried 6-0. LIEN PENALTY CERTIFICATIONS Case No. 99-1068: Fontana Plaza Ltd. 3629 S. Federal Hwy Inspector Roy requested that the case be tabled. Motion Mr. Lambert moved that Case No. 99-1068 be tabled until the Code Compliance Board Meeting to be held on May 17, 2000. Motion seconded by Mr. Miriana. Motion carried 6-0. Case No. 99-717 Neeck & Venande Simeus 116 W. Ocean Dr. Inspector Lewis stated that the property was originally cited on April 9, 1999 for permit required. The respondent did appear at the Code Compliance Board Hearing of August 18, 1999. A compliance date of October 19, 1999 was set or be fined $25.00 per day. The property has not yet complied. Inspector Lewis stated that the respondent did submit some plans to the Building Department and the Building Department made their comments and the respondent picked up the plans on April 17th. Mr. Lambert suggested that the case be tabled for a month. 32 MEETING MINUTES ,~ CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 19, 2000 Motion Mr. Foot moved that Case No. 99-717 be tabled until the Code Compliance Board Meeting to be held on May 17, 2000. Motion seconded by Ms. Williams. Motion carried 6-0. Case No,. 99-2785 Linda & Charles Leemon II 11924 Forest Hill Blvd. #22-338 West Palm Beach, FL 33414 501 W. Ocean Ave. Inspector Lewis stated the property was cited on November 17, 1999 for violation of the Community Appearance Code. No one appeared at the January 19, 2000 Hearing date. A compliance date of February 29, 2000 was set or be fined $25.00 per day. The property complied on March 28, 2000 for 27 days of non- compliance. The City recommends no fine. The property is a vacant lot and there was debris dumped on the lot and when the respondent was notified the property was cleaned up. Motion Based on the testimony and evidence presented in Case No. 99-2785, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondents, Linda and Charles Leemon II, were in violation of Code Section Chapter 15, Article 1×-15, 120 (D) 1, Inc. and Section 10-2 of the B.B.C. of Ordinances subsequent to the date of compliance specified in this Board's Order of January 19, 2000. Mr. Lambert 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 in this case. Motion seconded by Mr. Miriana. Motion carried 6-0. Case No. 99-2061 Cedonia M. Brown 3166 N. Seacrest Blvd. Inspector Cain stated the property was originally cited on August 23, 1999 for violation of the Community Appearance Code and Occupational License Required. No one appeared at the February 16, 2000 Code Compliance Board hearing date. A compliance date of March 13, 2000 was set or be fined $25.00 per day. The property has not yet complied. Motion Based on the testimony and evidence presented in Case No. 99-2061, 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 Cedonia M. Brown has violated this Board's prior Order of February 16, 2000 and this Board impose and certify a fine 33 MEETING MINUTES - CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 19, 2000 in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Miriana. Motion carried 6-0. Case No, 99-2068 David W. Nicholls 2651 N. Seacrest Blvd. Inspector Cain stated that the property was originally cited on August 23, 1999 for violation of the Community Appearance Code. No one appeared at the February 16, 2000 Code Compliance Board Hearing date. A compliance date of March 13, 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. 99-2068, 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 David W. Nicholls 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. Motion seconded by Mr. Midana. Motion carried 6-0. Case No. 99-2857 Ralph Eccles 1025 Fairfax Circle Lantana, FL 33462 260 N. Palm Drive Inspector Cain stated the property was originally cited on August 26, 2000 for violation of the Community Appearance Code and Occupational License Required. No one appeared at the February 16, 2000 Code Compliance Board Hearing date. A compliance date of March 13, 2000 was set or be fined $50.00 per day. The property has not complied. Inspector Cain stated that the vehicle has been removed. Motion Based on the testimony and evidence presented in Case No. 99-2857, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Lambert moved that this Board find that Ralph Eccles has violated this Board's prior Order of February 16, 2000 and this Board impose and certify a fine in the amount of $50.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is 34 MEETING MINUTES ~'- ~'~ ~ CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 19, 2000 entered based upon this certification of fine. Motion seconded by Mr. Foot. Motion carried 6-0. Case No. 99-2988 Dwayne & Jeanyne McGee 1422 S. Kolin Avenue #1 Chicago, IL 60623 87 Maple Lane Inspector Cain stated the property was originally cited on December 14, 1999 for Occupational License Required. At the Code Compliance Board Hearing date of February 16, 2000 no one appeared. A compliance date of March 1, 2000 was set or be fined $25.00 per day. The property complied on April 14, 2000 for 43 days of non-compliance. Inspector Cain stated that the property was a rental unit, but is now vacant, and therefore is in compliance. Inspector Cain stated he has had no contact with the respondents and they have not replied to any correspondence. Motion Based on the testimony and evidence presented in Case No. 99-2988, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondents, Dwayne and Jeanyne McGee, were in violation of Code Section 13-16 of the B.B.C. of Ordinances subsequent to the date of compliance specified in this Board's Order of February 16, 2000. Mr. Lambert moved that this Board find that the Respondents failed to comply with this Board's Order, and that this Board impose and certify a fine in the amount of $250.00. Motion seconded by Mr. Foot. Motion carried 6-0. Case No. 99-558 Church of God Universal P.O. Box 1540 Boynton Beach, FL 33435 121 NW 8th Avenue Inspector Webb stated the notice of violation was dated May 14, 1999 for violation of the Community Appearance Code. No one appeared at the Code Compliance Board Hearing date of February 16, 2000. A compliance date of March 13, 2000 was set or be fined $25.00 per day. The property complied on March 28, 2000 for 14 days of non-compliance. The City recommends no fine. Motion Based on the testimony and evidence presented in Case No. 99-558, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondent, the Church of God Universal, Inc. was in violation of Code Section Chapter 15, Article IX-15, 120 (D) 1, Inc. and PT3-LDR, Chapter 23, Article II.O. of the Code of Ordinances subsequent to the date of compliance specified in this Board's Order of February 16, 2000. Mr. Lambert moved that this Board find that the 35 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 19, 2000 Respondent failed to comply with this Board's Order, and that this Board impose and certify no fine or administrative costs in this case. Motion seconded by Ms. Williams. Motion carried 6-0. Case #99-1955 Victor H. Trevino 74 W. 69th Street #SE New York, NY 10023 121 NE 3rd Avenue Inspector Webb stated the notice of violation was dated August 16, 1999 for violation of the Community Appearance Code and Occupational License Required. No one appeared at the Code Compliance Board Hearing on December 15, 1999. A compliance date of February 14, 2000 was set or be fined $25.00 per day. The property complied on March 17, 2000 for 31 days of non-compliance. The City recommends no fine. Inspector Webb stated the respondent had a heart attack and hired a property manager from Miami to take care of the property. Mr. Foot said that the City should at least assess administrative costs of $250.00. Motion Based on the testimony and evidence presented in Case No. 99-1955, Ms. Williams moved that this Board find, as a matter of fact, that the Respondent, Victor H. Trevino. was in violation of Code Section Chapter 15, Article IX-15, 120 (D) lA, 1.E and Section 13-16 of the B.B.C. of Ordinances 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 or administrative costs in this case. Motion seconded by Mr. Walsh. Motion carried 5-1 (Mr. Foot dissenting). D. FORECLOSURES Case No. 99-436 Case No. 99-657 Case No. 99-1484 Case No. 99-705 Case No. 99-876 Case No. 99-939 Case No. 99-451 Case No. 99-824 Case No. 99-784 Case No. 99-502 Case No. 99-1454 Jessie & Patricia Jones Robert & Betty Moran Robert & Betty Moran Mavis Myhand Khandarnath Maniedeo Terry Bryant Virginia Belman Lorraine Griffin Patricia & Jessie Jones Sr. & Jr. Roger Banks Glenda Johnson 36 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 19, 2000 Motion Mr. Lambert moved that the above cases listed forwarded to the City Attorney's Office for foreclosure. Williams. Motion carried 6-0. on tonight's Agenda be Motion seconded by Ms. COMMENTS BY MEMBERS Mr. Miriana pointed out that the Code Compliance Department operates on a budget, to which Mr. Blasie agreed. Mr. Miriana said the Department does not operate on the amount of fines collected. Mr. Miriana also pointed out that by rescinding the fines, it is not a loss to the Department and any fines that are collected are a "plus". Mr. Foot said that the Code Department pointed out they collected over $40,000 in fines and Mr. Foot did not consider that they were making money for the City. Mr. Blasie informed members that included in their agenda packet is a copy of Ordinance 00-10, which was recently adopted as a result of the recent changes in the Florida Statute. If any member has any questions regarding the new Ordinance, please feel free to contact Mr. Blasie. Mr. Blasie pointed out that one salient point of the Ordinance is that when property changes owners during the Code Enforcement process, once the property is cited, the citation goes with the property. The seller is required to notify the buyer. VI. ADJOURNMENT There being no further business, the meeting properly adjourned at 10:05 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (3 tapes) 37