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
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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
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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
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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
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CODE COMPLIANCE BOARD
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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
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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.
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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
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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.
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CODE COMPLIANCE BOARD
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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.
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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.
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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
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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
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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.
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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
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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
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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.
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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.
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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.
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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
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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
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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.
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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
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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
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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
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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.
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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.
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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.
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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.
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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.
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CODE COMPLIANCE BOARD
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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
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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
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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
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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
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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)
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