Minutes 03-15-00MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA
ON WEDNESDAY, MARCH 15, 2000 at 7:00 P.M.
PRESENT
Christopher DeLiso, Chair (/eft at 8:30 p.m.)
Patti Hammer, Vice Chair
RObert Foot
Dick Lambed
James Miriana
Enrico Rossi
Sarah Williams
ABSENT
Thomas Walsh, Alternate
Nicholas Igwe, Assistant
City Attorney
Scott Blasie, Code Compliance
Administrator
Inspectors: Courtney Cain
Luney Guillaume
Skip Lewis
Mike Melillo
Pete Roy
Vestiguerne Pierre
Willie Webb
I. CALLTO ORDER
Chairman DeLiso called the meeting to order at 7:05 p.m.
I1. APPROVAL OF MINUTES OF FEBRUARY 16, 2000 MEETING
Chairman DeLiso called for a motion to approve the minutes of the February 16,
1999 meeting.
Motion
Mr. Miriana moved to approve the minutes of the February 16, 2000 meeting,
which was seconded by Mr. Lambert and carried unanimously.
III. APPROVALOFAGENDA
Chairman DeLiso asked Mr. Blasie if there were any additions or deletions
to the Agenda. Mr. Blasie requested that the following cases be deleted
from the Agenda.
B.
C.
D.
page 3 (Case 00-55), Chula Vista Properties (deleted)
Page 13 (Case 99-2868), Joseph Vitay & Maria Wright (complied)
Page 17 (Case 99-2396), Jane McConnell (complied)
page 29 (Case 00-421), John Holland (complied)
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CODE COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
MARCH 15, 2000
Chairman DeLiso called for a motion to accept the Agenda as amended.
Motion
Mr. Lambert moved that the Agenda, as amended, be approved.
seconded by Vice Chair Hammer, which carried unanimously.
Motion
IV. SWEARING IN OF WITNESSES AND INTRODUCTION
Chairman DeLiso requested that Mr. Blasie call the roll. Mr. Blasie stated 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. When a respondent takes the podium, please
state y~ur name and address for the record. If you feel there is no violation
that exists at your property, you can plead "not guilty". In that event, both
parties will present their case and their witnesses and the Board will then
make a determination as to whether or not the violation does exist. A
respondent can also plead "no contest", which means that the violation
does exist, but you want to correct the violation and need more time. The
Board usually grants a respondent a reasonable amount of time to correct
the violation. If the property complies within the time requested, you will
not have to come back before this Board. However, if the property is not
brought into compliance by that time, you will be required to appear before
the Board again.
A. CASES TO BE HEARD
Case No. 00-048
Property Address:
Violations:
Michael A. & Dawn Kovacs
2710 SW 8th Street
Chapter 15, Article IX-15-119, 120 (D),
Inc., and 10-3 B.B.C. of Ord.; Remove
dead tree from rear yard as it poses a
hurricane threat; remove all trash and
debris; pool must be maintained in a
sanitary condition.
Inspector Roy stated the case was originally cited on January 13, 2000 for
violation of the Community Appearance Code through a neighborhood complaint.
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MARCH 15, 2000
Service was accomplished by hand delivery and the City recommends 30 days.
Mr. Kovacs was present and took the podium.
Mr. Kovacs said he was under the impression that the original complaint had
been remedied, but the Code Inspector informed him that there was still an item
remaining. Mr. Kovacs pled no contest and requested 30 days.
Mol'ion
Based on the testimony and evidence presented in Case No. 00-048, Mr.
Lambert moved that this Board find, as a matter of fact, and as a conclusion of
law that Michael A. and Dawn Kovacs are in violation of Code Sections Chapter
15, Article IX-15-119, 120 (D), Inc. and 10-3 of the B.B.C. of Ordinances. Mr.
Lambert moved to order that the Respondents correct the violations on or before
April 17, 2000. If the Respondents do not comply with this Order, a fine in the
amount of $25.00 per day, plus administrative costs shall be imposed. The
Respondents are further ordered to contact the City of Boynton Beach Code
Compliance Division to arrange for reinspection of the property to verify
compliance with this Order. Motion seconded by Ms. Williams.
Motion carried 7-0.
Case No. 00-250
Property Address:
Violations:
Wilbert and Malaine Coicou
181 SE 31st Avenue
SBC '97 ED 104.1.1; Permit required
for rear addition; call development
department for information on how to
proceed.
Inspector Roy stated the case was originally cited on February 4, 2000 for
violation of the Standard Building Code through a neighborhood complaint.
Service was accomplished by certified mail and the City recommends 30 days.
Mr. Coicou has' Submitted plans to the Building Department today.
Ms. Malaine Coicou, 181 SE 31st Avenue, Boynton Beach took the podium and
pled no Contest and asked for 60 days. The City agreed to 60 days.
Motion
Based On the testimony and evidence presented in Case No.00-250, Mr. Lambert
moved that this Board find, as a matter of fact, and as a conclusion of law that
Wilbert and Malaine Coicou are in violation of Code Sections SBC '97 Edition
104,1.1 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
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CODE COMPLIANCE BOARD
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MARCH 15, 2000
day, plus administrative costs shall be imposed. The Respondents are further
ordered to contact the City of Boynton Beach Code Compliance Division to
arrange for reinspection of the property to verify compliance with this Order.
Motion seconded by Ms. Williams.
Motion carried 7-0.
Case No. 99-2782
Property Address:
Violations:
Jose A. Bernard, Jr.
454 SW 2nd Avert ue
SBC '97 ED '104.1.1; Permit and final
inspections are required for the
remodeling and work done on the
back porch.
Inspector Lewis stated the property was originally cited on November 16, 1999
for violation of the Standard Building Code through a neighborhood complaint.
Service was accomplished by certified mail and the respondent is present.
Mr. Jose Bernard, Jr., 454 SW 2nd Avenue, Boynton Beach took the podium and
pled no contest. Inspector Lewis said the City recommended 120 days since the
respondent needs to work through the Building Department.
Motion
Based on the testimony and evidence presented in Case No.99-2782, Mr.
Lambert moved that this Board find, as a matter of fact, and as a conclusion of
law that Jose A. Bernard, Jr. is in violation of SBC '97 Edition 104.1.1 of the City
Code of Ordinances. Mr. Lambert moved to order that the Respondent correct
the violations on or before July 17, 2000. If the Respondent does not comply
with this Order, a fine in the amount of $25.00 per day, plus administrative costs
shall be imposed. The Respondent is further ordered to contact the City of
Boynton Beach Code Compliance Division to arrange for reinspection of the
property to verify compliance with this Order. Motion seconded by Mr. Foot.
Motion carried 7-0.
Case No. 99-3060
Property Address:
Violations:
Miguel & Olga Espinoza
653 Castilla Lane
SBC '97 ED 104.1.'1; A building permit
and proper inspections are required
for the outdoor (bar-structure)
installed in the back pool area
Inspector Lewis stated that the property was cited as the result of a
neighborhood complaint and service was made by certified mail.
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BOYNTON BEACH, FLORIDA
MARCH 15, 2000
The contractor representing the respondent took the podium and said that they
are waiting to hear from the Planning Department to determine how to clear up
the issue. The contractor requested 60 days for compliance.
Motion
Based on the testimony and evidence presented in Case No. 99-3060, Mr.
Lambert moved that this Board find, as a matter of fact, and as a conclusion of
law that Miguel and Olga Espinoza are in violation of SBC '97 Edition 104.1.1 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 $50.00 per day, plus
administrative costs shall be imposed. The Respondents are further ordered to
contact the City of Boynton Beach Code Compliance Division to arrange for
reinspection of the property to verify compliance with this Order. Motion
seconded by Ms. Williams.
Motion carried 7-0.
Case No. 99-2853
Property Address:
Violations:
Carlos Martinez
3201 E. Palm Drive
Chapter 15-Article IX-15-120 (D), Inc.
and 10-2 B.B.C. of Ord.; Please
remove all trash and debris from
yard; sod yard on north side of
driveway; overgrowth and/or debris
Inspector Cain stated the case was originally cited on November 24, 1999.for
violation of the Community Appearance Code through routine neighborhood
inspection. Service was accomplished by posting and the City recommends 30
days.
Mr. Richard Bly of ERA Professional Realty Group took the podium and was
administered the oath by the Recording Secretary. Mr. Bly stated the property
was in foreclosure and that he represents Ocwen Federal Bank. Mr. Bly
indicated that the trash in the yard has been cleaned up and he had not been
aware of any violations. The Bank obtained possession of the property from the
Sheriff on January 14th through an eviction. Mr. Bly asked for 30 days to comply
with the sod violation.
Motion
Based on the testimony and evidence presented in Case No.99-2853, Mr.
Lambert mOved that this Board find, as a matter of fact, and as a conclusion of
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law that Carlos Martinez is in violation of Code Sections Chapter 15, Article IX-
15-120 (D), Inc. and 10-2 of the B.B.C.of Ordinances. Mr. Lambert moved to
order that the Respondents correct the violations on or before April 17, 2000. If
the Respondents do not comply with this Order, a fine in the amount of $25.00
per day, plus administrative costs shall be imposed. The Respondent is further
ordered to contact the City of Boynton Beach Code Compliance Division to
arrange for reinspection of the property to verify compliance with this Order.
Motion seconded by Vice Chair Hammer.
Motion carried 7-0.
Case No. 99-526
Property Address:
Violations:
Deliverance Evangelistic
Gloria Y. Hopkins
3201 E. Palm Drive
Chapter 15-Article IX-15-120 (E) 2A,
(D) 1, Inc. and PT3-LDR, Chapter 23,
Article II.0; Sod swale; replace all
broken windows; repair fascia wood;
repair parking lot and re-surface and
re-stripe.
Inspector Webb stated the property was originally cited on March 11, 1999
through a routine neighborhood inspection and service was made by posting.
Ms. Gloria Hopkins, 1050 West 4th Street, Riviera Beach, Florida took the podium
and pled no contest. Ms. Hopkins stated that a great deal of work was necessary
and she needed a lot of time, as well as a great deal of financing. Also Ms.
Hopkins stated that there is a public telephone in the swale and she would like to
have it removed because people drive onto the swale to use the telephone.
Chairman DeLiso inquired about the use of property and was informed it was a
church. Ms. Hopkins said that the tenants who are leasing the building were
supposed to take care of the property in return for a minimal amount of rent.
However, this is not the case and she needs time to fix up the property and
asked for six months.
Chairman DeLiso told the respondent that the telephone could be removed by
calling the phone company.
Inspector Webb said that the City would agree to six months. Ms. Williams said
that this property is a challenge because it interacts with the Sara Sims Park area
and the church is struggling.
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MARCH 15, 2000
Motion
Based on the testimony and evidence presented in Case No. 99-526, Ms.
Williams moved that this Board find, as a matter of fact, and as a conclusion of
law that Deliverance Evangelistic and Gloria Y. Hopkins are in violation of Code
Sections Chapter 15, Article IX-15-120 (E) 2A, 120 1, inc. and PT3-LDR.,
Chapter 23, Article II.0 of the City Code of Ordinances. Ms. Williams moved to
order that the Respondents correct the violations on or before September 18,
2000. If the Respondents do not comply with this Order, a fine in the amount of
$25.00 per day, plus administrative costs shall be imposed. The Respondents
are further ordered to contact the City of Boynton Beach Code Compliance
Division to arrange for reinspection of the property to verify compliance with this
Order. Motion seconded by Mr. Foot.
Motion carried 7-0.
VI. OLD BUSINESS
A. LIEN PENALTY CERTIFICATIONS (Tabled)
Case #99-2009
George & Alma Diamond
1606 NW 24th Street
Boynton Beach, FL 33436
181 NE 18th Avenue
Inspector Melillo stated the property was cited on August 11, 1999 for violations
of the Community Appearance Code. No one appeared at the Code Compliance
Board Hearing on November 17, 1999. A compliance date of December 13,
1999 was set or be fined $25.00 per day. The property complied on March 14,
2000 for a total of 91 days of non-compliance.
Chairman DeLiso requested to view the photographs of the property. Inspector
Melillo stated this case involved bad tenants on the property and since the
respondent last appeared before the Board, there have been incidents where the
owner had to have the cars removed in order to install the grass.
Mr. Alma Diamond, 1606 NW 24th Street, Boynton Beach took the podium.
Chairman DeLiso asked the respondent if the tenants have been evicted and she
stated they have not. She said that she has replaced the sod and swale after
having the vehicle towed by the City and told the tenant to be out of the property
within thirty days.
Ms. Williams inquired how many tenants were on the property and Ms. Diamond~
said she thinks the tenants are subletting the property. Ms. Williams asked what
the City was recommending and Inspector Melillo stated the City was
recommending no fine and that the Respondent has fully cooperated with staff.
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CODE COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
MARCH 15, 2000
Motion
Based on the testimony and evidence presented in Case No. 99-2009, Mr.
Lambert moved that this Board find, as a matter of fact, that the Respondents,
George and Alma Diamond, were in violation of Code Sections Chapter 15,
Article IX-15-120 (B) 1 and (D) Inc., subsequent to the date of compliance
specified in this Board's Order of November 17, 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 in this case. Motion seconded by
Ms. Williams.
Mr. Foot acknowledged that although the tenant has cleaned up the property, he
feels the City's ordinances have been violated and that residents who bring the
property back into compliance should be fined to cover the City's expenses.
Mr. Miriana did not feel that the property owner should be penalized as well as
Vice Chair Hammer who stated that when there are tenants on the property, it is
more difficult to keep the property in compliance.
Motion carried 6-1 (Mr. Foot dissenting).
Case #99-717
Neeck & Venande Simeus 116 W. Ocean Drive
Inspector Lewis stated the property was cited on April 9, 1999 for violation of the
Standard Building Code. The respondent appeared at the August 18, 1999
hearing date. A compliance date of October 19, 1999 was set or be fined $25.00
per day and the property is not yet in compliance.
Mr. Neeck Simeus, 116 W. Ocean Drive, Boynton Beach took the podium and
stated that he had two engineers working on a plan for him but it fell through. He
now has another person working on the plans and they have gone to City Hall to
determine how the property can come into compliance. Mr. Simeus stated that
the plan was to have been ready last week, but to date he has not received it.
The Respondent said he spoke with the engineer who said he needed a couple
more days to have the plans ready because he had been sick.
Chairman DeLiso asked Inspector Lewis what the Building Department needed
for the property to comply. Mr. Lewis said he did not look at the comments from
the Building Department, but they were furnished to Mr. Simeus' engineer. The
respondent stated that he has spent $1,000 to hire an engineer, as well as
spending additional money for repairs, and now he needs to have hurricane
shutters.
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Mr. Rossi asked the Respondent if he disagreed with any part of the violation and
Mr. Simeus said he disagrees with the entire violation. Mr. Simeus said all he did
was install a set of doom behind his house and a neighbor called and
complained. Mr. Simeus asked how the Inspector got into his house to take
pictures and felt his constitutional rights have been violated.
Assistant City Attorney said this is not the place to discuss this and the case
tonight is for fine certification.
Mr. Lambert noted that the Board has two choices. The fine can be certified or
the case could be tabled. Mr. Foot pointed out that even if the Board tables the
case, it can still fine the respondent $25.00 per day. Mr. Simeus said that he has
tried to cooperate with the City.
Chairman DeLiso informed the Respondent that he would recommend that the
case be tabled for 30 days, but that the $25.00 per day fine continues to accrue.
However, by tabling the case, it will avoid a lien being placed on the property.
Motion
Mr. Miriana moved that Case No. 99-717 be tabled until the Code Compliance
Board Meeting to be held on April 19, 2000. Motion seconded by Ms. Williams,
which carried 7-0.
Case #98-1333
Brian & Jacqueline Fitzpatrick 220 NE 10th Ave.
Inspector Webb stated that the property was cited on April 3, 1999 and the
respondent appeared at the April 21, 1999 Code Compliance Board Hearing. A
compliance date of July 19, 1999 was set or be fined $50.00 per day. There
have been 240 days of non-compliance. Inspector Webb distributed photographs
of the property to the Board.
Mr. Brian Fitzpatrick, 220 NE 10th Avenue, Boynton Beach took the podium. Mr.
Lambert inquired if the Board had not allowed enough time for the respondent to
make all the repairs and Inspector Webb agreed with this. Inspector Webb
stated the property is immaculate and is the best piece of property on NE 10th
Avenue.
Mr. Lambert inquired how close the respondent is with complying and Mr.
Fitzpatrick stated he thought he was in compliance as of tonight. Mr. Webb
stated that he felt the property was in compliance also. Chairman DeLiso stated
that the agenda noted the property was not yet in compliance and Inspector
Webb replied that he wanted the Board to see the photographs in order to make
this determination. Chairman DeLiso also felt the respondent did a wonderful job
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BOYNTON BEACH, FLORIDA
MARCH 15, 2000
in fixing the property. Ms. Williams felt that Mr. Fitzpatrick has done a lot to
enhance the neighborhood.
Assistant City Attorney Igwe asked Inspector Webb if the respondent was in
compliance with the Code and Inspector Webb stated he was in compliance.
Chairman DeLiso asked the Respondent to estimate his costs to bring the
property into compliance and he replied approximately $20,000. Mr. Fitzpatrick
stated he brought in 20 tons of gravel to give each apartment a patio area to
make the property upscale.
Motion
Based on the testimony and evidence presented in Case No. 98-1333, Mr.
Lambert moved that this Board find, as a matter of fact, that the Respondents,
Brian and Jacqueline Fitzpatrick, were in violation of Code Sections Chapter 10,
Article II, Sections 10-24, Inc., NEC 384.13; PT3, LDR, Chapter 20-VIII, Sections
2.A, 2.B, 2.E, 2.H and PT3-LDR, Chapter 7.5-11, Section 5.B, SFPC 802.1.1,
603.2,807.1, Inc. and 903.2.1, subsequent to the date of compliance specified in
this Board's Order of April 21, 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 in this case. Motion seconded by Vice Chair Hammer.
Motion carried 6-1 (Mr. Foot dissenting).
Case #99-1879
Marie M. & Marie L. Adolphe
5731 Lincoln Circle E
Lake Worth, FL 33463
2751 NE 1st Street
Inspector Cain stated the property was cited on July 28, 1999 for occupational
license required. The respondent appeared at the December 15, 1999 Code
Compliance Board Hearing and a compliance date of February 14, 2000 was set
or be fined $25.00 per day. The property has not yet complied.
Mr. Gene Adolphe took the podium and stated he was representing the
respondents in the case and is the manager of the property. Mr. Adolphe stated
that they were unable to clean up the property because the tenant did not move
out and they filed for eviction. The eviction was settled on February 2nd and the
tenant was' to vacate the property by the end of February. However, the tenant
has still not moved out and now has until March 31st to vacate. The respondent
said he couldn't do anything to the property until the tenant moves out and the
tenant has denied the respondent access to the property. Therefore, Mr.
Adolphe requested an extension of thirty days.
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MARCH 15, 2000
Inspector Cain stated that he was inside the property and it is in very poor shape
and there is a lot of work to be done. The Respondent will need more than thirty
days.
Chairman DeLiso pointed out that once the tenant moves out, the Respondent
would be in compliance so long as the property is not rented out and he will not
need an occupational license until he rents it again. Mr. Lambert suggested
tabling the case for 30 days and noted the fine will continue to accrue.
Motion
Mr. Lambed moved that Case No. 99-1879 be tabled until the Code Compliance
Board Meeting to be held on April 19, 2000. Motion seconded by Vice Chair
Hammer.
Ms. Williams inquired if the rental of single family homes required a license and
was informed that they did.
Chairman DeLiso requested that the respondent bring the eviction documents to
the April hearing.
Motion carried 7-0.
Case #98-3792
Troy Davis
2216 NE 3rd Court
Inspector Melillo stated the property was first cited on November 3, 1998 for
violation of the Community Appearance Code and occupational license required.
The respondent appeared at the August 18, 1999 hearing. A compliance date of
December 20, 1999 was set or be fined $25.00 per day. The property is not yet
in compliance.
Mr. Troy Davis, 2216 NE 3rd Court, Boynton Beach took the podium and said he
needs more time to bring the property into compliance. He said he did not
receive the money for which he applied. It was noted that occupational license
required is a mistake since the respondent lives on the property. The correct
violation should be house number visible from the street and the correct section
should be cited as "Section 15-16".
Chairman DeLiso inquired how much more time the respondent needed. Mr.
Melillo presented photographs of the property to the Board to review. Inspector
Melillo stated the property was first cited in 1996 and the property at that time
was in the name of the respondent's wife and brother-in-law. The respondents
divorced and the property is now in his name alone. The respondent stated he is
having financial problems and has child support payments of $1,200 per month.
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Mr. Lambert suggested that the respondent appear at the next meeting to
present a progress report since permits will be necessary. Also, Mr. Lambert
pointed out that the case has been pending for years and the fine keeps running.
Motion
Mr. Lambert moved that Case No. 98-3792 be tabled until the Code Compliance
Board Meeting to be held on April 19, 2000. Motion seconded by Vice Chair
Hammer.
Mr. Foot stated that it appears from the pictures that the property has gone down
hill since last July and has not improved.
Vice Chair Hammer asked the respondent if he could bring the property into
compliance within 30 days and he stated he could not. Chairman DeLiso
inquired if the respondent applied for assistance from the Community
Redevelopment Office and was informed that this Office could not offer the
respondent any assistance. Chairman DeLiso requested that Inspector Melillo
speak with Ms. Sherrod'to determine the respondent's eligibility.
Motion carried 7-0.
Case #99-1795
Rolando & Alicia H. Ramos '1890 NE 2nd Lane
Inspector Melillo stated that the property was first cited on July 19, 1999 for
violation of the Community Appearance Code. No one appeared at the
December 15, 1999 Code Compliance Board hearing. A compliance date of
January 17, 2000 was set or be fined $25.00 per day. The property complied on
March 3, 2000 for 45 days of non-compliance.
Mr. Rolando Ramos, 1890 NE 2nd Lane, Boynton Beach took the podium.
Inspector Melillo presented photos of the property to the Board. Mr. Lambert
asked what the City would recommend and Inspector Melillo stated the City
recommends no fine.
Motion
Based on the testimony and evidence presented in Case No. 99-1795, Mr.
Lambert moved that this Board find, as a matter of fact, that the Respondents,
Rolando and Alicia H. Ramos, were in violation of Code Sections Chapter 15,
Article 1×-15-120 (D), Inc., 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 in this case. Motion
seconded by Vice Chair Hammer.
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MARCH 15, 2000
Motion carried 6-1 (Mr. Foot dissenting).
Case #99-1584
Knuth Gas & Oil, Inc.
17600 N. Bay Rd. #702
Miami, FL 33160
3510 W. Boynton Beach Blvd.
Inspector Lewis stated the property was cited on June 30, 1999 for violation of
the Standard Building Code. The respondent appeared at the December 15,
1999 hearing date. A compliance date of February 14, 2000 was set or be fined
$50.00 per day. The property still has not complied and the City recommends
tabling the case for 60 days. A representative is present tonight and members
were referred to a letter regarding a problem with the permit and the plans have
to be redone. (A copy of the letter is attached to the original minutes of this
meeting.)
Motion
Mr. Lambert moved that Case No. 99-1584 be tabled until the Code Compliance
Board Meeting to be held on May 17, 2000. Motion seconded by Vice Chair
Hammer.
Mr. Foot reminded the respondent that the fine keeps running even though the
case was tabled for 60 days and Mr. Alex Melnick, General Manager of Knuth
Gas & Oil, Inc. stated that the respondent is aware of this.
Motion carried 7-0.
Case #99-1863
Jerry McAdoo 201 NW 7h Avenue
434 NW 4th Avenue
Boynton Beach, FL 33435
Inspector Webb stated the notice of violation was dated July 28, 1999 for
violation of the Community Appearance Code. 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 and the property is not yet
in compliance.
Mr. Jerry McAdoo, 434 NW 4th Avenue, Boynton Beach took the podium and
stated he was not aware that his property was not in compliance. Mr. McAdoo
stated he is doing a major refurbishment on a totally dilapidated building. Mr.
McAdoo ;also stated that he has made major progress with the property. Mr.
McAdoo said that he was furnished today with a list of remaining items that need
to be corrected by Inspector Webb. Inspector Webb stated the property was
posted and that the tenants never gave the notice to the respondent.
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Also, the respondent stated he paid the fee for.an occupational license. However,
he later found out that was only the application fee and that an inspection and an
additional fee would be necessary. He had not been aware of this.
Mr. Lambert questioned how the respondent received
meeting, but had not received the prior notice. Mr.
received notice at his home.
notification of tonight's
McAdoo stated that he
(Chairman DeLiso left the meeting at 8:30 p.m. and Vice Chair Hammer took
over.)
Ms. Williams asked what was remaining to be fixed and was told that the
driveway is complete and the sod has been planted. Mr. McAdoo stated that
smoke detectors were needed and he installed them today. Also some windows
still need to be fixed and he intends to upgrade the property.
Motion
Mr. Lambert moved that Case 99-1863 be tabled until the Code Compliance
Board Meeting to be held on April 19, 2000. Motion seconded by Ms. Williams,
which carried unanimously.
Case #99-2167
Judith C. Lowe
P.O. Box 102
Boynton Beach, FL 33435
118 NE 4th Avenue
Inspector Webb stated the notice of violation was dated August 27, 1999 for
violation of the Community Appearance Code. The respondent appeared at the
November 17, 1999 meeting. A compliance date of February 14, 2000 was set
or be fined $25.00 per day. The property is not yet in compliance.
Judith Lowe, 118 NE 4th Avenue, Boynton Beach took the podium and said she
lives alone and has medical problems and it is difficult for her to bring the
property into compliance. The respondent stated she is having difficulty growing
grass in the deep shade. Vice Chair Hammer requested to view photographs of
the property.
Mr. Foot reminded the respondent that the fine continues to run on the property.
Ms. Lowe said she has financial problems and is unable to purchase the sod.
Ms. Lowe stated that the City placed sod on the swale and that died even though
it had been watered regularly because there is no sun.
Mr. Lambert suggeSted that xeriscaping the property might be the solution.
14
MEETING MINUTES
CODE COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
MARCH 15, 2000
Motion
Mr. Foot moved that Case #99-2167 be tabled until the Code Compliance Board
Meeting to be held on May 17, 2000. Motion seconded by Mr. Lambert, which
carried unanimously.
Case No. 99-1546
Property Address:
Violations:
Chans Enterprises, Inc.
3010 S. Federal Highway
PT3-LDR, Chapter 4, Sec. 11, Chapter
2, Section 4.E, Chapter 23, Article I1.0,
Chapter 7.5-11, Section 5.B; Restore
landscape areas per site plan;
replace missing or dead shrubs and
trees; replace any missing sod;
remove hedge at stop sign on north
exit and replace with sod to eliminate
pedestrian traffic hazard; repair
potholes and remove grass and weed
growth .from parking lot; re-stripe
parking stalls; re-install handicap
signs to meet code and replace
missing sign; secure a licensed
electrician and permit to install
lighting in front planted area to code.
Inspector Roy stated the property was originally cited on June 25, 1999 through
routine neighborhood inspection. The City recommends 30 days.
Motion
Based on the testimony and evidence presented in Case No.99-1546, Mr.
Lambert moved that this Board find, as a matter of fact, and as a conclusion of
law that Chans Enterprises, Inc. is in violation of Code Sections PT3-LDR,
Chapter 4, Sec. 11, Chapter 2, Section 4.E, Chapter 23, Article II.0, Chapter 7.5-
II, Section 5.B of the City Code of Ordinances. Mr. Lambert moved to order that
the Respondents correct the violations on or before April 17, 2000. If the
Respondents do not complY with this Order, a fine in the amount of $25.00 per
day, plUs administrative costs shall be imposed. The Respondents are further
ordered to contact the City of Boynton Beach Code Compliance Division to
arrange for reinspection of the property to verify compliance with this Order.
MOtion seconded by Mr. Miriani.
Motion carried 6-0.
15
MEETING MINUTES
CODE COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
MARCH 15, 2OOO
Case No. 99-1334
Property Address:
Violations:
Earl M. Richardson, Jr.
1671 N. Seacrest Blvd.
Chapter 15, Article IX-15-120 (E) 2A
and 120(D), Inc.; Please install grass
in yard; remove all loose trash and
debris from yard; remove or register
the car in your back yard; please
paint the house.
Inspector Melillo stated the case was originally cited on June 8, 1999. Inspector
Melillo said that the house has been painted, but the remainder of the violations
have not complied. The property was cited through routine inspection and
service was accomplished by posting. The City recommends 30 days.
Motion
Based on the testimony and evidence presented in Case No. 99-1334, Mr.
Lambert moved that this Board find, as a matter of fact, and as a conclusion of
law that Earl M. Richardson, Jr. is in violation of Code Sections Chapter 15,
Article IX-15-120 (E) 2A and (D), Inc. of the City Code of Ordinances. Mr.
Lambert moved to order that the Respondent correct the violations on or before
April 17, 2000. If the Respondent does not comply with this Order, a fine in the
amount of $25.00 per day, plus administrative costs shall be imposed. The
Respondent is further ordered to contact the City of Boynton Beach Code
Compliance :Division to arrange for reinspection of the property to verify
compliance with this Order. Motion seconded by Mr. Foot.
Motion carried 6-0.
Case No. 99-2174
Property Address:
Violations:
Timothy A. Bledsoe
210 NW 14th Avenue
Chapter 15, Article IX-15-120 (D), lB
and 120 (D) I.D; Please install grass
in yard and repair or replace your
driveway.
Inspector Melillo stated the case was originally cited on August 27, 1999. The
property was cited through routine neighborhood inspection and service was
made by certified mail. The respondent was present tonight, but had to leave.
The City recommends 30 days, to which he agreed.
16
MEETING MINUTES
CODE COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
MARCH 15, 2000
Motion
Based on the testimony and evidence presented in Case No. 99-2174, Mr.
Lambert moved that this Board find, as a matter of fact, and as a conclusion of
law that Timothy A. Bledsoe is in violation of Code Sections Chapter 15, Article
IX-15-120 (D) .lB and 120 (D) 1.D of the City Code of Ordinances. Mr. Lambert
moved to order that the Respondent correct the violations on or before April 17,
2000. If the Respondent does not comply with this Order, a fine in the amount of
$25.00 per day, plus administrative costs shall be imposed. The Respondent is
further ordered to contact the City of Boynton Beach Code Compliance Division
to arrange for reinspection of the property to verify compliance with this Order.
Motion seconded by Mr. Foot.
Motion carried 6-0.
Case No. 99-3039
Property Address:
Violations:
LeJan Augustin
1520 NE 2nd Court
Chapter 15, Article IX-15-120 (D), Inc.;
Please remove all unregistered motor
vehicles; remove all trash and debris
from yard; install grass in yard.
Inspector Melillo stated the case was originally cited on December 22, 1999. The
property was cited through routine neighborhood inspection and service was
made by certified mail. The City recommends 30 days.
Motion
Based on the testimony and evidence presented in Case No. 99-3039, Mr.
Lambert moved that this Board find, as a matter of fact, and as a conclusion of
law that La Jan Augustin is in violation of Code Sections 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 Apdl 17, 2000. If the
Respondent does not comply with this Order, a fine in the amount of $25.00 per
day, plus administrative costs shall be imposed. The Respondent is further
ordered to contact the City of Boynton Beach Code Compliance Division to
arrange for reinspection of the property to verify compliance with this Order.
Motion seconded by Mr. Miriani.
Motion carried 6-0.
Case No. 99-3040
Property Address:
Violations:
Anthony & Patricia M. Dolphin
1512 NE 2nd Court
Chapter 15, Article IX-15-120 (D), Inc.;
Please remove, repair and/or register
17
MEETING MINUTES
CODE COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
MARCH '15, 2000
your 2-door gray Subaru and cream
Oldsmobile; install grass where bare
spots occur; de-weed landscaping.
Inspector Melillo stated the case was originally cited on December 22, 1999. The
property was cited through routine neighborhood inspection and service was
made by certified mail. The City recommends 30 days.
Motion
Based on the testimony and evidence presented in Case No. 99-3040, Mr.
Lambert moved that this Board find, as a matter of fact, and as a conclusion of
law that Anthony and Patdcia M. Dolphin are in violation of Code Sections
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
April 17:, 2000. If the Respondents do not comply with this Order, a fine in the
amount of $25.00 per day, plus administrative costs shall be imposed. The
Respondents are further ordered to contact the City of Boynton Beach Code
Compliance Division to arrange for reinspection of the property to verify
compliance with this Order. Motion seconded by Mr. Foot.
Motion carried 6-0.
Case No. 00-012
Property Address:
Violations:
Lawrence G. Dawson
2011 NW 2nd Street
Chapter 15, Article IX-15-120 (D), lA;
Please remove all unregistered motor
vehicles from property.
Inspector Melillo stated the case was originally cited on January 6, 2000. The
property was cited through routine neighborhood inspection and service was
made by certified mail. The City recommends 15 days.
Motion
Based on the testimony and evidence presented in Case No. 00-012, Mr.
Lambert moved that this Board find, as a matter of fact, and as a conclusion of
law that Lawrence G. Dawson is in violation of Code Sections Chapter 15, Article
IX-15-120 (D).IA of the City Code of Ordinances. Mr. Lambert moved to order
that the Respondent correct the violations on or before April 1, 2000. If the
Respondent does not comply with this Order, a fine in the amount of $25.00 per
day, plus administrative costs shall be imposed. The Respondent is further
ordered to contact the City of Boynton Beach Code Compliance Division to
arrange for reinspection of the property to verify compliance with this Order.
Motion seconded by Mr. Miriana.
18
MEETING MINUTES
CODE COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
MARCH 15, 2000
Motion carried 6-0.
Case No, 99-1164
Property Address:
Violations:
Kim and Cyd Fender
2900 High Ridge Road
Chapter 15, Article IX-15-120 (D),I.F,
120 (E) 2A, 120 (D) 1.D, 120 (D) I.E
and 15-18 B.B.C. of Ord.; Please
install sod in yard wherever dead or
bare spots occur; irrigation systems
shall be maintained in good working
order; paint building; remove graffiti.
Inspector Cain stated the case was originally cited on May 25, 1999. The
violation was discovered through a neighborhood complaint and the City
recommends 30 days.
Motion
Based on the testimony and evidence presented in Case No. 99-1164, Mr.
Lambert moved that this Board find, as a matter of fact, and as a conclusion of
law that Kim and Cyd Fender are in violation of Code Sections Chapter 15,
Article IX-15-120 (D),I.F, 120 (E) 2A, 120 (D) I.D, 120 (D) I.E and 15-18 B.B.C.
of Ordinances. Mr. Lambert moved to order that the Respondents correct the
violations on or before April 17, 2000. If the Respondents do not comply with this
Order, a fine in the amount of $25.00 per day, plus administrative costs shall be
imposed. The Respondents are further ordered to contact the City of Boynton
Beach Code Compliance Division to arrange for reinspection of the property to
verify compliance with this Order. Motion seconded by Ms. Williams.
Motion carried 6-0.
Case No. 99-2082
Property Address:
Violations:
Sarah Y. Woody
3491 Orange Street
Chapter 15, Article IX-15-120 (D) Inc,
and 10-2 B.B.C. of Ord.; Please de-
weed yard; remove all trash and
debris; mow, install sod in yard and
swale; repair fence or take it down;
remove vehicle.
Inspector Cain stated the case was originally cited on May 25, 1999. The City
recommends 30 days.
19
MEETING MINUTES
CODE COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
MARCH 15, 2000
Motion
Based on the testimony and evidence presented in Case No. 99-2082, Mr.
Lambert moved that this Board find, as a matter of fact, and as a conclusion of
law that Sarah Y. Woody is in violation of Code Sections Chapter 15, Article IX-
15-120 (D), Inc. and 10-2 B.B.C. of Ordinances. Mr. Lambert moved to order
that the Respondent correct the violations on or before April 17, 2000. If the
Respondent does not comply with this Order, a fine in the amount of $25.00 per
day, plus administrative costs shall be imposed. The Respondent is further
ordered to contact the City of Boynton Beach Code Compliance Division to
arrange for reinspection of the property to verify compliance with this Order.
Motion seconded by Ms. Williams.
Motion carried 6-0.
Case No. 00-059
Property Address:
Violations:
Pierre A. Burnette
3184 Ocean Parkway
Chapter 15, Article IX-15-120 (D) Inc,
and 13-16 B.B.C. of Ord.; Every rental
unit used for residential living
purposes in the City must be license;
Also, please take down shed, repair
fence; remove all trash and debris,
derelict objects, appliances, toys,
cans, etc.
Inspector Cain stated the case was originally cited on January 13, 2000. The
City recommends 30 days.
Motion
Based on the testimony and evidence presented in Case No. 00-059, Mr.
Lambert moved that this Board find, as a matter of fact, and as a conclusion of
law that Pierre A. Burnette is in violation of Code Sections Chapter 15, Article IX-
15-120 (D) Inc, and 13-16 B.B.C. of Ordinances. Mr. Lambert moved to order
that the Respondent correct the violations on or before April 17, 2000. If the
Respondent does not comply with this Order, a fine in the amount of $25.00 per
day, plus administrative costs shall be imposed. The Respondent is further
ordered to contact the City of Boynton Beach Code Compliance Division to
arrange for reinspection of the property to verify compliance with this Order.
Motion seconded by Ms. Williams.
Motion carried 6-0.
2O
MEETING MINUTES
CODE COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
MARCH 15, 2000
Case No. 00-061
Property Address:
Violations:
David J. Hooper
3120 Ocean Parkway
Chapter 15, Article IX-15-120 (D) Inc;
Please fill in trash hole and then sod
it; also, sod north side of driveway.
Inspector Cain stated the case was originally cited on January 13, 2000. The
City recommends 30 days.
Motion
Based on the testimony and evidence presented in Case No. 00-061, Mr.
Lambert moved that this Board find, as a matter of fact, and as a conclusion of
law that David J. Hooper is in violation of Code Sections 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 April 17, 2000. If the
Respondent does not comply with this Order, a fine in the amount of $25.00 per
day, plus administrative costs shall be imposed. The Respondent is further
ordered to contact the City of Boynton Beach Code Compliance Division to
arrange for reinspection of the property to verify compliance with this Order.
MotiOn seconded by Ms. Williams.
Motion carried 6-0.
Case No. 00-0196
Pro perty Address:
Violations:
Juan Portalatin
10 NE 22nd Avenue
Chapter 15, Article IX-15-120 (D) .lA
and 10-2 B.B.C. of Ord.; Please mow
yard; remove vehicle from rear
property; overgrowth and/or debris.
Inspector Cain stated the case was originally cited on January 27, 2000. The
City recommends 10 days.
Motion
Based on the testimony and evidence presented in Case No. 00-0196, Mr.
Lambed moved that this Board find, as a matter of fact, and as a conclusion of
law that Juan Portalatin is in violation of Code Sections Chapter 15, Article IX-15-
120 (D) .lA and 10-2 B.B.C. of Ordinances. Mr. Lambert moved to order that the
Respondent correct the violations on or before March 25, 2000. If the
Respondent does not comply with this Order, a fine in the amount of $25.00 per
day, plus administrative costs shall be imposed. The Respondent is further
ordered to contact the City of Boynton Beach Code Compliance Division to
21
MEETING MINUTES
CODE COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
MARCH 15, 2000
arrange for reinspection of the Property to verify compliance with this Order.
Motion seconded bY Mr. Miriana.
Motion carried 6-0.
Case No. 99-3019
Property Address:
Violations:
Elton J. Powers
139 SE 4th Avenue
SBC '97 ED 104.1.1; Please secure a
permit and proper inspections for the
new fence that was installed on the
property.
Inspector Lewis stated the property was originally cited on December 16, 1999.
The City recommends 30 days.
Motion
Based on the testimony and evidence presented in Case No. 99-3019, Mr.
Lambert moved that this Board find, as a matter of fact, and as a conclusion of
law that Elton J. Powers is in violation of 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 April 17, 2000. If the Respondent does not comply with
this Order, a fine in the amount of $25.00 per day, plus administrative costs shall
be imposed. The Respondent is further ordered to contact the City of Boynton
Beach Code Compliance Division to arrange for reinspection of the property to
verify compliance with this Order. Motion seconded by Mr. Foot.
Motion carried 6,0.
Case No. 99-3043
Property Address:
Violations:
Vincent J. Panico
621 NW 1st Avenue
13-16 B.B.C. of Ord; Rental license is
required and final inspection must be
completed.
Inspector Lewis stated the property was originally cited on December 22, 1999.
Service was made by posting and the City recommends 30 days.
Motion
Based on the testimony and evidence presented in Case No. 99-3043, Mr.
Lambert moved that this Board find, as a matter of fact, and as a conclusion of
law that Vincent J. Panico is in violation of Section 13-16 B.B.C. of Ordinances.
Mr. Lambert moved to order that the Respondent correct the violations on or
before April 17, 2000. If the Respondent does not comply with this Order, a fine
22
MEETING MINUTES ......
CODE COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
MARCH 15, 2000
in the amount of $25.00 per day, plus administrative costs shall be imposed. The
Respondent is further ordered to contact the City of Boynton Beach Code
Compliance Division to arrange for reinspection of the property to verify
compliance with this Order. Motion seconded by Ms. Williams.
Motion carried 6-0.
Case No. 99-3081
Property Address:
Violations:
Craig T. & Susan Barbaree
142 SW 9th Avenue
Chapter 15, Article IX-15-120 (D) 1,
Inc. and 13-16 B.B.C. of Ord; Rental
license is required; Grass needs to
be installed in dead areas to
establish a lawn; inoperative vehicle
needs to be removed from the
property.
Inspector Lewis stated the property was originally cited on December 29, 1999.
The City recommends 30 days.
Motion
Based on the testimony and evidence presented in Case No. 99-3081, Mr.
Lambert moved that this Board find, as a matter of fact, and as a conclusion of
law that Craig T. and Susan Barbaree are in violation of Chapter 15, Article IX-
15-120 (D) 1, Inc. and Section 13-16 B.B.C. of Ordinances. Mr. Lambert moved
to order that the Respondents correct the violations on or before April 17, 2000.
If the Respondents do not comply with this Order, a fine in the amount of $25.00
per day, plus administrative costs shall be imposed. The Respondents are
further ordered to contact the City of Boynton Beach Code Compliance Division
to arrange for reinspection of the property to verify compliance with this Order.
Motion seconded by Mr. Miriana.
Motion carried 6-0.
Case No. 99-2850
Pro perty Address:
Violations:
Barbara Robbins
233 NW 5th Court
Chapter 15, Article IX-15-120 (D) lA
and 120 (D) I.D, 120 (D) I.E and 120
(D) I.H; Install sod in all areas where
dead spots and weeds appear; trim
hedges, repair or replace fence; keep
property mowed.
23
MEETING MINUTES
CODE COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
MARCH 15, 2000
Inspector Webb stated the property was originally cited on November 24, 1999
through routine neighborhood inspection. Service was obtained by posting and
staff recommends 30 days.
Motion
Based on the testimony and evidence presented in Case No. 99-2850, Mr.
Lambert moved that this Board find, as a matter of fact, and as a conclusion of
law that Barbara Robbins is in violation of Chapter 15, Article IX-15-120 (D) lA
and 120 (D) 1.D, 120 (D) 1.E and 120 (D) 1.H of the City Code of Ordinances.
Mr. Lambert moved to order that the Respondent correct the violations on or
before April 17, 2000. If the Respondent does not comply with this Order, a fine
in the amount of $25.00 per day, plus administrative costs shall be imposed. The
Respondent is further ordered to contact the City of Boynton Beach Code
Compliance Division to arrange for reinspection of the property to verify
compliance with this Order. Motion seconded by Ms. Williams.
Motion carried 6-0.
Case No. 00-120
Property Address:
Violations:
William H. and Louise M. Albury, Jr.
130 NE 8th Avenue
Chapter 15, Article IX-15-'120 (D) .lA;
Remove trash and debris from rear
and side yard; outside storage of
household items is not allowed.
Inspector Webb stated the property was originally cited on January 20, 2000
through routine neighborhood inspection. Service was obtained by certified mail
and staff recommends 30 days.
Motion
Based on the testimony and evidence presented in Case No. 00-120, Mr.
Lambert moved that this Board find, as a matter of fact, and as a conclusion of
law that William H. and Louise M. Albury, Jr. are in violation of Chapter 15, Article
IX-15-120 (D) .lA of the City Code of Ordinances. Mr. Lambert moved to order
that the Respondents correct the violations on or before April 17, 2000. If the
Respondents do not comply with this Order, a fine in the amount of $25.00 per
day, plus administrative costs shall be imposed. The Respondents are further
ordered to contact the City of Boynton Beach Code Compliance Division to
arrange for reinspection of the property to verify compliance with this Order.
Motion seconded by Ms. Williams.
Motion carried 6-0.
24
MEETING MINUTES
CODE COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
MARCH 15, 2000
Case No. 00-173
Property Address:
Violations:
J. L. & Betty J. Roberts
547 NW 13th Avenue
13-16 B.B.C. of Ord.;
license required.
Occupational
Inspector Webb stated the property was originally cited on January 25, 2000
through routine neighborhood inspection. Service was obtained by certified mail
and staff recommends 30 days.
Motion
Based on the testimony and evidence presented in Case No. 00-173, Mr.
Lambert moved that this Board find, as a matter of fact, and as a conclusion of
law that J. L. and Betty J. Roberts are in violation of Section 13-16 of the B.B.C.
of Ordinances. Mr. Lambert moved to order that the Respondents correct the
violations on or before April 17, 2000. If the Respondents do not comply with this
Order, a fine in the amount of $25.00 per day, plus administrative costs shall be
imposed. The Respondents are further ordered to contact the City of Boynton
Beach Code Compliance Division to arrange for reinspection of the property to
verify compliance with this Order. Motion seconded by Mr. Foot.
Motion carried 6-0.
Case No. 00-175
Property Address:
Violations:
William J. & Julia M. Boule
544 NW 13th Avenue
13-16 B.B.C. of Ord.; Occupational
license required for rental property.
Inspector Webb stated the property was originally cited on January 25, 2000
through routine neighborhood inspection. Service was obtained by certified mail
and staff recommends 30 days.
Motion
Based on the testimony and evidence presented in Case No. 00-175, Mr.
Lambert moved that this Board find, as a matter of fact, and as a conclusion of
law that William J. and Julia M. Boule are in violation of Section 13-16 of the
B.B.C. of Ordinances. Mr. Lambert moved to order that the Respondents correct
the violations on or before April 17, 2000. If the Respondents do not comply with
this Order, a fine in the amount of $50.00 per day, plus administrative costs shall
be imposed. The Respondents are further ordered to contact the City of Boynton
Beach Code Compliance Division to arrange for reinspection of the property to
verify compliance with this Order. Motion seconded by Mr. Rossi.
25
MEETING MINUTES ~' ~
CODE COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
MARCH 15, 2000
Motion carried 6-0.
Case No. 00-310
Property Address:
Violations:
Biana H. Jones
221 NW 5th Court
Chapter 15, Article IX-15-120 (D) .lA;
Storage of unlicensed or inoperable
vehicles on residential property is
not allowed.
Inspector Webb stated the property was originally cited on February 10, 2000
through routine neighborhood inspection. Service was obtained by certified mail
and staff recommends 10 days.
Motion
Based on the testimony and evidence presented in Case No. 00-310, Mr.
Lambert moved that this Board find, as a matter of fact, and as a conclusion of
law that Biana H. Jones is in violation of Chapter 15, Article IX-15-120 (D).lA of
the City Code of Ordinances. Mr. Lambert moved to order that the Respondent
correct the violations on or before March 25, 2000. If the Respondent does not
comply with this Order, a fine in the amount of $25.00 per day, plus
administrative costs shall be imposed. The Respondent is further ordered to
contact the City of Boynton Beach Code Compliance Division to arrange for
reinspection of the property to verify compliance with this Order. Motion
seconded by Mr. Foot.
Ms. Williams inquired why staff was recommending 10 days and Inspector Webb
stated the respondent telephoned the Code Office and said that the automobiles
had been removed. However, when Inspector Webb went to the property this
morning, the cars were still there.
Motion carried 6-0.
VII. OLD BUSINESS
A. LIEN PENALTY CERTIFICATIONS (Tabled)
Case #99-2110
Timothy L. Augsback
617 N. M Street
Lake Worth, FL 33460
127 SE 14th Avenue
Inspector Lewis stated the notice of violation was dated August 24, 1999 for
occupational license required. No one appeared at the November 17, 1999
Code Compliance Board Hearing date and a compliance date of January 17,
2000 was set or be fined $25,00 per day. The property has not complied.
26
MEETING MINUTES
CODE COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
MARCH 15, 2000
Motion
Based on the testimony and evidence presented in Case No. 99-2110, and
having considered the gravity of the violation, the actions taken by the
Respondent, Mr. Lambert moved that this Board find that Timothy L. Augsback
has violated this Board's prior Order of November 17, 1999, and this Board
impose and certify a fine in the amount of $25.00 per day, plus administrative
costs, which shall continue to accrue until the Respondent comes into
compliance or until a judgment is entered based upon this certification of fine.
Motion seconded by Mr. Miriana.
Motion carried 6-0.
B. LIEN PENALTY CERTIFICATIONS
Case #99-2859
Paul J. Remy & Martha Albert 171 Ocean Pkwy.
Inspector Cain stated the property was cited on November 29, 1999 for a red tag
from the Building Department. No one appeared at the Code Compliance Board
hearing held on January 19, 2000. A compliance date of February 2, 2000 was
set or be fined $25.00 per day. The property was not yet in compliance for 39
days of non-compliance. Members asked for clarification because the agenda
stated that the property complied on March 13, 2000. After checking the records,
Inspector Cain concurred that the property had complied.
Mr. Lambert asked what the City was recommending and Inspector Cain stated
no fine or administrative costs. Inspector Cain stated the property was not in
compliance because it needed to have the roof re-inspected.
Mr. Lambert asked if the Code Department felt some fine should be assessed in
these types of cases. Mr. Blasie stated that on permit issues he does not feel that
there should be any fine or costs assessed because Code Compliance does not
know the history of why the inspection did not pass. With regard to other cases,
Mr. Blasie stated he leaves the decision on requesting fines to staff. Mr. Blasie
pointed out that if the Board assesses administrative costs and the respondent
does not pay them, the City has to file a lien on the property, which incurs
additional costs and this is not always cost effective.
Vice Chair Hammer inquired if staff reported to the Board on the amount of fines
that have been collected and Mr. Blasie stated that approximately $50,000 in
fines has been collected to date.
27
MEETING MINUTES
CODE COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
MARCH 15, 2000
Motion
Based on the testimony and evidence presented in Case No. 99-2859, Mr.
Lambert moved that this Board find, as a matter of fact, that the Respondents,
Paul J. Remy and Martha Albert, were in violation of Code Sections SBC '94 ED
105.6, 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 5-1 (Mr. Foot dissenting)
Case #98-4128
Jack A. Jackson
351 NE 27th Court
Boynton Beach, FL 33435
2651 NW 2nd Street
Inspector Guillaume stated the notice of violation was dated December 4, 1998
for violation of the Community Appearance Code and permit required. No one
appeared at the Code Compliance Board hearing of January 19, 2000. A
compliance date of February 14, 2000 was set or be fined $25.00 per day and
the property has not complied yet.
Motion
Based on the testimony and evidence presented in Case No. 98-4128, and
having considered the gravity of the violation, the actions taken by the
Respondent, Mr. Lambert moved that this Board find that Jack A. Jackson has
violated this Board's prior Order of January 19, 2000, and this Board impose and
certify a fine in the amount of $25.00 per day, plus administrative costs, which
shall continue to accrue until the Respondent comes into compliance or until a
judgment is entered based upon this certification of fine. Motion seconded by Mr.
Foot.
Motion carried 6-0.
Case #99-1169
Ernestine & Wilbert McCIoud
2181 NW 1st Street
Inspector Melillo stated that the property was cited on May 27, 1999 for violation
of the Community Appearance Code. The respondent appeared at the
November 17, 1999 Code Compliance Board hearing and a compliance date of
February 14, 2000 was set or be fined $25.00 per day. The property has not yet
complied.
28
MEETING MINUTES
CODE COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
MARCH 15, 2000
Motion
Based on the testimony and evidence presented in Case No. 99-1169, and
having considered the gravity of the violation, the actions taken by the
Respondents, Mr. Lambert moved that this Board find that Emestine & Wilbert
McCIoud have violated this Board's prior Order of November 17, 1999, and this
Board impose and certify a fine in the amount of $25.00 per day, plus
administrative costs, which shall continue to accrue until the Respondents come
into compliance or until a judgment is entered based upon this certification of
fine. Motion seconded by Mr. Miriana.
Motion carried 6-0.
Case #99-1965
Kendlyn Brown
1411 NW 1st Court
Inspector Melillo stated the notice of violation was dated August 6, 1999 for
violation of the Community Appearance Code. No one appeared at the
December 15, 1999 Code Compliance Board hearing. A compliance date of
January 17, 2000 was set or be fined $100.00 per day. The property has not yet
complied.
Inspector Melillo stated that the respondent is running an automobile repair
business from his house.
Motion
Based on the testimony and evidence presented in Case No. 99-1965, and
having considered the gravity of the violation, the actions taken by the
Respondent, Mr. Lambert moved that this Board find that Kendlyn Brown has
violated this Board's prior Order of December 15, 1999, and this Board impose
and certify a fine in the amount of $100.00 per day, plus administrative costs,
which shall continue to accrue until the Respondent comes into compliance or
until a judgment is entered based upon this certification of fine. Motion seconded
by Mr. Rossi.
Motion carried 6-0.
Case #99-2835
Andre St. Juste
925 Greenbriar Drive
Boynton Beach, FL 33435
440 N E 14th Ave.
Inspector Melillo stated the notice of violation was dated November 24, 1999 for
violation of the Community Appearance Code. No one appeared at the Code
Compliance Board Hearing date of January 19, 2000. A compliance date of
29
MEETING MINUTES
CODE COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
MARCH 15, 2000
February 14, 2000 was set or be fined $50.00 per day. The property is not yet in
compliance.
Motion
Based on the testimony and evidence presented in Case No. 99-2835, and
having considered the gravity of the violation, the actions taken by the
Respondent, Mr. Lambert moved that this Board find that Andre St. Juste has
violated this Board's prior Order of January 19, 2000, and this Board impose and
certify a fine in the amount of $50.00 per day, plus administrative costs, which
shall continue to accrue until the Respondent comes into compliance or until a
judgment is entered based upon this certification of fine. Motion seconded by Mr.
Foot.
Motion carried 6-0.
Case #99-1853
John W. Burns
P.O. Box 1297
Delray Beach, FL 33447
135 SW 1st Avenue
Inspector Lewis stated the notice of violation was dated July 26, 1999 for
occupational license required. No one appeared at the November 17, 1999
Code Compliance Board Headng date. A compliance date of February 14, 2000
was set or be fined $25.00 per day. The property has not yet complied.
Inspector Lewis stated the respondent failed the first inspection and is working on
the property and asked for more time to finish. The respondent is an elderly
gentleman and there was a fire at the property. He is doing the work himself and
is making progress. Inspector Lewis recommended tabling the case.
Motion
Mr. Lambert moved that Case No. 99-1853 be tabled until the Code Compliance
Board Meeting to be held on May 17, 2000. Motion seconded by Mr. Foot, which
carded unanimously.
Case #992399
Nicholas J. Chimienti 333 SW 3rd Street
Inspector Lewis stated the notice of violation was dated September 23, 1999 for
violation of the Community Appearance Code and street number required. No
one appeared at the January 19, 2000 Code Compliance Board Hearing date. A
compliance date of February 14, 2000 was set or be fined $25.00 per day. The
property has not yet complied. Inspector Lewis stated he has had no contact
with the respondent.
30
MEETING MINUTES ~ _t
CODE COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
MARCH 15, 2OOO
Motion
Based on the testimony and evidence presented in Case No. 99-2399, and
having considered the gravity of the violation, the actions taken by the
Respondent, Mr. Lambert moved that this Board find that Nicholas J. Chimienti
has violated this Board's prior Order of January 19, 2000, and this Board impose
and certify a fine in the amount of $25.00 per day, plus administrative costs,
which shall continue to accrue until the Respondent comes into compliance or
until a judgment is entered based upon this certification of fine. Motion seconded
by Mr. Foot.
Mr. Foot had concerns that the respondent was not properly served and Attorney
Igwe noted that posting is adequate notice under the law.
Motion carried 6-0.
Case #99-2966
Charlotte J. Dirk
328 SW 6th Avenue
Inspector Lewis stated the notice of violation was dated December 9, 1999 for
violation of the Community Appearance Code. No one appeared at the January
19, 2000 Code Compliance Board Hearing date and a compliance date of
February 3, 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. 99-2966, and
having considered the gravity of the violation, the actions taken by the
Respondent, Mr. Lambert moved that this Board find that Charlotte J. Dirk has
violated this Board's prior Order of January 19, 2000, and this Board impose and
certify a fine in the amount of $25.00 per day, plus administrative costs, which
shall continue to accrue until the Respondent comes into compliance or until a
judgment is entered based upon this certification of fine.
Mr. Midana inquired if any work has taken place at the property and Inspector
Lewis said there has been none to date.
Motion seconded by Mr. Foot.
Motion carried 6-0.
C. FORECLOSURES
Case No. 99-679
Case No. 99-1247
M. Moore & E. Russ
Maureen Maas
31
MEETING MINUTES : ....
CODE COMPLIANCE BOARD
BOYNTON BEACH, FLORIDA
MARCH 15, 2000
Case No. 98-1472
Case No. 98-3158
Case No. 99-999
Khadarnath Madiedeo
C.J. & Oddesser Ousley
U.S. Department of HUD
Motion
Mr. Foot moved that the above cases listed on tonight's Agenda be forwarded to
the City Attorney's Office for foreclosure. Motion seconded by Mr. Lambert.
Motion carried 6-0.
VII. ADJOURNMENT
There being no further business, Mr. Miriana moved to adjourn. Motion
seconded by Mr. Foot and the meeting properly adjourned at 9:15 p.m.
Respectfully submitted,
Barbara M. Madden
Recording Secretary
(two tapes)
32
Knuth Gas & Oil, Inc.
3510 W. Boynton Beach Blvd.
Boynton Beach, FL 33436
February 3, 2000
To'
Scott Blasie
Director of Code Enforcement
City of Boynton Beach
From: Alex Mitnik
Knuth Gas & Oil (Amoco)
Re: Satellite dish (case #99-~5-48)-
As you are aware we were issued a violation for not enclosing our satellite
dish. After receiving the violation I contacted AMOCO to notify them. I
subsequently found out that they never filed for a dish permit. After
speaking with John Sorkin, Amoco's project engineer, and explaining to him
my concerns he told me that they're contractor dropped the ball and would
apply for the permit ASAP. I finally received the permit, 99-5330, in the
beginning of December '99. Once we had the permit in hand our architect
submitted plans to the Boynton Beach buildings department for a permit on
enclosing the dish, 99-3976. I had a contractor look at the plans and review,
physically, the site. He then notified me that the plans were not to scale. I
contacted the architect and had him redo the plans per spec. After receiving
the plans I reviewed them with the architect and the contractor .and was told
that the cost to do the work doubled because of the size of the structure
required to enclose the dish. I then contacted the planning & zoning
department and voiced my concerns regarding such a structure on my roof. I
was told that I had an option of moving the dish off the roof and on to the
ground. I discussed this with the architect and the Amoco project engineer
and they are drawing up plans to submit to the city for a permit. I do not
have enough time to complete this work before the February deadline. I
would appreciate any extension you can accommodate.
Thank you for your attention to this matter.
Mitmk
Tel(561)374-5528 Fax(561)374-8578