Loading...
Minutes 03-21-01MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, MARCH 21, 2001 AT 7:00 P.M. PRESENT Christopher DeLiso, Chair Patti Hammer, Vice Chair Robed Foot Dick Lambed James Miriana Enrico Rossi Sarah Williams Dee Zibelli, Alternate Thomas Walsh, Alternate Nicholas Igwe, Assistant City Attorney Scott Blasie, Code Compliance Administrator Inspectors: Coudney Cain Luney Guillaume Vestiguerne Pierre Ski p Lewis Mike Melillo Pete Roy Willie Webb Rich Laverdure I. CALL TO ORDER Chairman DeLiso called the meeting to order at 7:06 p.m. II. APPROVAL OF MINUTES OF FEBRUARY 21, 2001 MEETING Chairman DeLiso called for a motion to approve the minutes of the February 21, 2001 meeting. Motion Mr. Lambed moved to mo'zed to approve the minutes of the February 21, 2001 meeting as written. Vice Chair Hammer seconded the motion that carried 7-0. III. APPROVAL OF AGENDA Mr. Blasie stated there were deletions to the Agenda as follows: A. Page 3 (Case No. 00-2111) Executive Est. of Boynton (removed) B. Page 8 (Case No. 01-83) Fontana Plaza Ltd. (complied) C. Page 10 (Case No. 01-307) Evelyn Velez (removed) D. Page 12 (Case No. 00-3515) E. G. & Addie Harvey (complied) E. Page 13 (Case No. 00-3551) James Stupp (removed) F, Page 21 (Case No. 01-119) Kenneth Cochran (removed) G, Page 29 (Case No. 01-33) Jean Dirogene (complied) H. Page 43 (Case No. 01-226) Kathleen Ambridge (complied) I. Page 60 (Case No. 00-3216) Jean Messeroux (removed) Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida March 21,2001 Motion Mr. Foot moved to accept the agenda as amended. Mr. Lambert seconded the motion that carried 7-0. III. SWEARING IN OF WITNESSES AND INTRODUCTION Chairman DeLiso requested that Mr. Blasie call the roll. Mr. Blasie asked all persons who were present to state they were "here" when their name was called. IV. NEW BUSINESS Chairman DeLiso stated that this Board follows Florida State Statutes and is a quasi-judicial Board. Anyone who would be testifying before the Board must be sworn in. There is a plea system in place and when taking the podium a person should state their name and address. If you feel that a violation does exist on your property, but you need more time for compliance, the Board usually grants the requested time. At that time, you should plead "no contest" and state how much time you need. However, if you feel that a violation does not exist on your property, you can plead "not guilty". In that instance, the City will put on their case and you will'put on your case. The Board will then make a determination if in fact a violation does exist on the property. If a violation does exist, you will be given a reasonable amount of time to bring the property into compliance. Once the property complies, you do not need to reappear before this Board. If, however, the property does not comply within the requested time, you would have to reappear before the Board for a fine certification. Chairman DeLiso requested that the Recording Secretary administer the oath to all persons who would be testifying at the meeting. Mr. Scott Blasie remarked that he had deleted page 60, Case No. 00-3216, from the Agenda and asked to be allowed to put it back on the Agenda. Motion Mr. Foot moved to add page 60, Case No. 00-3216, back on the Agenda for this meeting. Mr. Lambert seconded the motion that carried 7-0. A. CASES TO BE HEARD Case #01-118 Property Address: Violations: Linda M. Veltre 2618 S.W. 5th Street SBC 1997 Edition 104.1.1 and 105.6; Permit when required and required Inspections; Enclosed porch without permits or ins pections. Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida March 21,2001 Inspector Roy reported that this property was originally cited on January 23, 2001 for violations of the Standard Building Code. The complaint was generated by an anonymous phone call and service was by posting. The property owner of record, Ms. Linda Veltre, was present. Linda Veltre, 2618 S.W. 5th Street, pled no contest and testified that she did not know she could not enclose her porch without a permit. Ms. Veltre asked for 90 days to obtain the permit. Motion Based on the testimony and evidence presented in Case No. 01-118, Mr. Lambert moved that this Board find, as a matter of fact and as a conclusion of law, that Ms. Linda Veltre is in violation of the Standard Building Code 1997 Edition, Sections 104.1.1 and 105.6 of the Boynton Beach Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before June 18, 2001. 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. Ms. Williams seconded the motion that carried 7-0. Case #00-2716 Property Address: Violations: Walter A. Mangandid 2401 N.E. 4th St. Chapter 15, Article IX-15-120(D).1B and (E).2B Maintenance exterior of building, take down or replace fence; replace roof Inspector Cain stated that the property was originally cited on October 11, 2000 for violations of the Community Appearance Code. The fence was dilapidated and needed to be taken down or replaced. The roof part of the violation has complied. The property owner of record is Walter Mangandid and he was present. The violation was discovered by a routine inspection of the neighborhood. Service was accomplished by certified mail. The City recommended thirty days. Walter Mangandid, 2401 N.E. 4th Street, pled no contest and asked for thirty days to fix the fence. Motion Based on the testimony and evidence presented in Case No. 00-2716, Mr. Lambert moved that this Board find, as a matter of fact and as a conclusion of law, that Mr. Walter Mangandid is in violation of Chapter 15, Article IX-15-120 (D).IB of the Boynton Beach Code of Ordinances. Mr. Lambert 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. Mr. Miriana seconded the motion that carried 7-0. 3 Meeting Minutes - ~ Code Compliance Board Meeting Boynton Beach, Florida March 21,2001 Case #00-3371 Pro perry Address: Violations: Edward & Jacqueline Berrio 2626 N.E. 3rd Court SBC 1997 Edition '104.1.1, permit required to enclose rear room on house Inspector Cain reported that this property was originally cited on December 4, 2000 for violation of the Standard Building Code. The citation was initiated by a neighborhood complaint. Service was by certified mail. The City recommended 30 days. He stated that a number of neighbors had been calling and complaining about this. Edward Berrio, 2626 N.E. 3rd Court, pled no contest and asked for sixty days to get the room torn down. He stated he had to find someone to help him tear down the structure, including the bathroom, and clear the material from the site. Inspector Cain distributed pictures for the Board's review. In response to a question from Ms. Zibelli, Inspector Cain stated that the case had been granted 30 days back in December to get into compliance. The Respondent had made an honest attempt to keep the place; however, after a couple of contractors looked at it, they decided it was not worth the effort of trying to get it permitted. Too many things needed to be repaired or changed. Motion Based on the testimony and evidence presented in Case No. 00-3371, Mr. Lambert moved that this Board find, as a matter of fact and as a conclusion of law, that Mr. Edward Berrio is in violation of Standard Building Code, 1997 Edition, 104.1.1 of the Boynton Beach Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violation on or before May 3, 2001. 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. Mr. Rossi seconded the motion. Mr. Lambert amended his motion to change May 3 to May 1, 2001. Vice Chair Hammer seconded the motion that carried 7-0. Case #0'1-44 Property Address: Violations: Barrie & Linda Mizerski 106 S. Atlantic Drive Chapter '15, Article IX-'15-'120(D).lnc; remove or register all unregistered vehicles. Inspector Laverdure reported that this property had originally been cited on January 5, 2001 for violation of the Community Appearance Code. The violation was discovered through routine inspection and service was by hand carry. The City recommended 60 days. 4 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida March 21,2001 Linda Mizerski, 106 S, Atlantic Drive, pled no contest and asked for sixty days. Motion Based on the testimony and evidence presented in Case No. 01-44, Ms. Williams moved that this Board find, as a matter of fact and as a conclusion of law, that Barde and Linda Mizerski are in violation of Chapter 15, Article IX-15-120(D).lnc. of the Boynton Beach Code of Ordinances. Ms. Williams moved to order that the Respondents correct the violations on or before May 15, 2001. 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, Vice Chair Hammer seconded the motion that carried 7-0. Case #00-2880 Property Address: Violations: Michael Bornstein 724 N. Federal Highway Part 3, Land Development Regulations, Chapter 23, Article I1. O.; Chapter 7.5, Article 2, Section 5.D.E irrigation, Section 5.B Landscaping Perimeter; Chapter 23, Article I1. L, Parking Stalls to be delineated by double line. Painted stripes where parking stalls abut each other; NEC 110-26, 1999 Edition, Clearance of 3 ft in front of panel box at all times; SBC 104-1-1, 1997 Edition, T- 111 Plywood enclosure not permitted. Inspector Webb reported that this property had originally been cited on October 27, 2000. The violations were discovered by routine inspection. Service had been by posting. Some of the violations were contained in memorandums of Marshall Souther from the Building Department and Jose Alfaro, Planner. Michael Bornstein pled no contest to some of the violations and not guilty to others. He mentioned "permanent landscaping missing along the south and east property lines". He stated it was hardtop, and that there had never been any landscaping and he did not know what was meant by this. Inspector Webb said that this comment had come from Jose Alfaro in Planning who was not present at this meeting. Mr. Bornstein stated that there was a separate fence between their property and Holiday House that was owned by a utility company. They mow it but do not own it. He believed this may have been a source of some confusion. Mr. Blasie said that for the purposes of this meeting, the City only wanted to pursue the un permitted , enclosed part of the building. 5 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida March 21, 2001 Assistant City Attorney Igwe asked what would happen to the rest of the violations? Would they be dropped? He said they had to be disposed of somehow. Chairman DeLiso suggested tabling the case since the entire staff was not present. Motion Mr. Lambed moved to table Case 00-2880 until the Code Compliance Board meeting of April 18, 2001. Mr. Foot seconded the motion that carried 7-0. Chairman DeLiso advised Mr. Bornstein that he would be getting a letter inviting him to the next meeting and that the Planning and Building Departments would be present to answer questions on the case. Case #01-121 Property Address: Violations: Robert & Bernadette McClure 1258 N.W. 13th Avenue Standard Building Code 1997 Edition, 104.1.1, Permit needed for canopy Inspector Webb reported that this citation was originally issued on January 23, 2001. The violation was discovered through a complaint from the homeowner's association. Service was by certified mail. Robert McClure, 1258 N.W. 13th Avenue, pled not guilty. At this point he turned his case over to his father-in-law, Stanley Cale. Mr. Cale shared some pictures of the canopy and house with the Board. He stated that the problem was that the canopy needed a permit and they were not able to get a permit because the City did not have permits for cane pies. Chairman DeLiso said they probably couldn't get a permit due to variances being involved. He also said that they probably couldn't prove hardship because the canopy was for a boat. Stanley Cale, 1092 S.W. 25th Avenue, stated that he did not know if variances were a factor or not. He stated that the Code that was cited said "permit application when required". In reading the Code section it seemed to refer to a permanent structure and in the latter part of the section, it stated "Exceptions": Ordinary, minor repairs, installations or replacements may be made with the approval of the Building Officia without a permit. Installations shall be done in accordance with manufacturer's specifications, not in conflict with this or technical Codes". Yes, they did understand that this was a structure. It was a purchased structure to protect property and it was a very portable and replaceable structure, which could be dismantled in a very few moments in case of tornado warnings, hurricane warnings, or high winds. Mr. Cale had talked to some Code Compliance officers about this and they told him that there was no City ordinance for this type of structure at this particular time. He stated that his son-in-law had gone to the Building Department for several permits and got them. They were told this structure did not require a permit. How can they get a permit if it is not required? 6 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida March 21,2001 This was never brought up. Once they received the notice, Mr. Cale's daughter was about to have a child and he appreciated the City allowing the case to be tabled. Mr. Cale stated it was their contention that the canopy was a portable structure under 104.1.1 that could be moved, taken down and reconstructed somewhere else, but it was not permanent. Mr. Cale mentioned the large, permanent canopy at the Credit Union and it was his understanding that this needed a permit. He said many people had purchased canopies to protect their boats or vehicles from the ultraviolet rays of the sun that would damage the gelcoat on a boat, causing it to crack and fade. If it turns out that it does require a permit, his son-in-law and daughter would apply for one. Vice Chair Hammer asked if there were other people in their neighborhood that had canopies and Mr. Cale responded that there were, but they had them in the back of their houses next to the waterfront for their boats. Mr. Lambert asked Mr. Blasie to state the City's understanding of the matter. Mr. Blasie asked Mr. Cale where he had found a reference to a canopy being a "portable structure" in the Code. Mr. Cale responded that it was on page 7 where it said "Exceptions" and that at the bottom of the page it said "Mechanical permits may not be required for any portable structure .... ". Mr. Blasie said that was mechanical and Mr. Cale said that the whole thing dealt with mechanical. Mr. Cale stated that in the first part of 104.1.1 it referred to a permanent structure, adding on, occupancy, creating, constructing or erecting any additional structure to this. Mr. Blasie"said that the comment made earlier that a person could not get a permit for a canopy was not entirely true. The canopy that Mr. McClure has cannot~be permitted, but the City does not say you cannot permit canopies. There are certain requirements that need to be met and if those can be met, it can be permitted. Commercial establishments certainly get canopies permitted as part of their Site Plan approval process and Main Street Car Wash would be a good example. They need to stay focused on residential for purposes of this case. He called the Building Official on the matter and the Code Section 104.1.1 very clearly states: "Any owner or authorized agent or contractor who desires to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure or to erect, install, enlarge, alter, repair, move, convert, or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by the technical code, or to cause any such work to be done, shall first make application to the Building Official and obtain a required permit for the work." Mr. Blasie stated that this was saying that if you want to put up a structure, you make application to the Building Official. He referenced Chapter 2 of the 1997 Standard Building Code definitions: "structure" - that which is built or constructed. This means anything from the ground up or down needs a permit application unless otherwise exempted by the Codes. Chapter 1606.1 of the 1997 Standard Building Codes addresses wind loads. For obvious reasons, here in South Florida we need to be concerned about wind loads. Also in the Land Development Regulations, structures and setbacks are discussed. Every piece of property has setbacks that regulate where structures can be placed. 7 Meeting Minutes - Code Compliance Board Meeting Boynton Beach, Florida March 21,2001 Unfortunately, boat or car canopies are usually in front of the house and most houses are built with a minimum setback or on the side of the house. In the McClure's case, it encroaches on the side yard setback; therefore, it is a zoning situation. There are some other intangibles that go along with this. The McClure's canopy happens to be a fine- looking canopy. If the City would try to permit these they would have to re-write their zoning ordinances first. There is also the issue of what is a good canopy and what is a bad one. As fine as the McClure's canopy was, he was sure there were canopies out there that would not be as nice and a person would not want to live next door to them. Mr. Blasie said there are no exemptions. Mr. Cale said a building permit may not be required in the "Exceptions" part of the Code. The "Exceptions" part of the Code leaves discretion up the Building Official based on certain criteria. One of the criteria is that it cannot violate any other Codes. If they allowed this particular canopy it would violate the zoning ordinance as far as setbacks. If Mr. McClure were to try to permit it within setbacks, Mr. McClure would have to supply the Building Department with wind oad calculations and product approval for the frame. Mr. Johnson, the Building Official, did provide Mr. McClure with a potential loophole to this and an alternative method that would get around the Building Code. This alternative would be to attach the canopy to their trailer. It is not in the ground. He talked to Mr. Johnson about that and if it is on or in the ground, it is a Building issue, otherwise it is not. Ms. Zibelli asked if the City was going to be in concert with the homeowner's association? Mr. Blasie said that typically, homeowner's associations were more restrictive than the Boynton Beach Code of Ordinances. Regardless of whether people are in homeowner's associations or not, the Boynton Beach Code of Ordinances applies. Assistant Attorney Igwe said that if there was a conflict with other requirements, the Boynton Beach Code of Ordinances would supersede it. Mr. Lambed thought that the violation was not getting a permit. He believed the Board was to determine whether or not they needed to get a permit. Motion Based on the testimony and evidence presented in Case No. 01-121, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law, that Robert and Bernadette McClure are in violation of the Standard Building Code 1997 Edition 104.1.1 of the Boynton Beach Code of Ordinances. Mr. Lambert moved to order that the Respondents correct the violations on or before April 16, 2001. 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. Mr. Foot seconded the motion that carried 7-0. Mr. Cale was concerned that the discussion had ended too soon. Mr. Lambert said that this Board did not have the authority to grant variances for canopies. Mr. Cale stated that the Code Compliance Department had issued a citation under a specific Code. The violation under which it was written did not fit the criteria for that Code. Chairman 8 Meeting Minutes - Code Compliance Board Meeting Boynton Beach, Florida March 21,2001 DeLiso stated that the citation had been for not having a permit. Mr. Cale stated, "Where does it say canopy"? The Board responded that it was a structure. Assistant Attorney Igwe said that the McClure's could appeal to the Circuit Court. Case #00-3400 Property Address: Violations: Gregory Sponburgh 2132 N.E. 3rd St. Chapter 15, Article IX-15-120(D).lnc.; remove all trash and debris, deweed and define driveway apron; repair fence, and put grass in bare spots. Inspector Melillo reported that this property was originally cited on December 6, 2000 for violation of the Community Appearance Code. He stated that ,the grass was not going to be part of this violation as they were in drought conditions. The violation was found by routine inspection of the neighborhood. Service was accomplished by certified mail. Gregory Sponburgh, 2132 N.E. 3rd Street, pled no contest and asked for 30 days. Mr. Lambert asked the Code Compliance Department for direction in the handling of grass citations during the drought. Inspector Melillo stated that they were not going to pursue violations that occurred after November, 2000, when the drought first began. The ones that were cited before November would be pursued as usual. Mr. Rossi asked if the cases would be reactivated after the drought? Chairman DeLiso said no, they would have to be dropped and re-cited at another time. Inspector Melillo stated that they would close that part of the case and go back at a later time to cite them for grass. Motion Based on the testimony and evidence presented in Case No. 00-3400, Mr. Lambert moved that this Board find, as a matter of fact and as a conclusion of law, that Gregory Sponburgh was in violation of Chapter 15, Article IX-15-120(D).lnc. of the Boynton Beach Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before April 16, 2001, with the exception of the grass. 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. Ms. Williams seconded the motion that carried 7-0. Case #00-002 Property Address: Violation: Jennie Daniels 407 N.W. 16th Avenue Chapter 15, Article IX-15-120(D).l A; Remove all loose trash, debris and old furniture Inspector Melillo reported that this property was originally cited on January 3, 2001 for violations of the Community Appearance Code. It was discovered through routine 9 Meeting Minutes -- ~ Code Compliance Board Meeting Boynton Beach, Florida March 21, 2001 inspection and service was by posting. The City recommended 15 days to remove the trash, debris, and old furniture. The owner of record was present. Jennie Daniels, 407 N.W. 16th Avenue, pled not guilty. Inspector Melillo showed Ms. Daniels some pictures and asked her if they were of her house and she responded that they were, Inspector Melillo then distributed the pictures to the Board for their review. Ms. Daniels asked what she was being charged with? Vice Chair Hammer stated that it was for loose trash, debris, and old furniture. Ms. Daniels said that some of the things had already been moved. She also stated that this was her livelihood. She had been trying to get a shed since she had been in the house and could not get a permit. Inspector Melillo asked Ms. Daniels if she was running a business at her house? Inspector Melillo mentioned that her back yard was full of furniture and bicycles and other things. Ms. Daniels said it was not supposed to be there forever and it was not there forever. She said it belonged to her daughter and she planned to come and get it. Vice Chair Hammer asked when she was going to come and get it? Ms. Daniels said "when they could find a truck to deliver it". She said she worked seven days a week and had other things to worry about instead of what was in her yard. Ms. Daniels did not consider the aforesaid items as debris. Ms. Williams asked if the furniture was unprotected and out in the open. Ms. Daniels said "Where else am I going to put it?" She wanted to have a shed to put the things in but the City did not give her a permit. Vice Chair Hammer asked why she did not get a permit? Ms. Daniels stated that this is what she was told by the City. Motion Based on the testimony and evidence presented in Case No. 01-02, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law, that Jennie Daniels was in violation of Chapter 15, Article IX-15-120(D).1A of the Boynton Beach Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before April 16, 2001. 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. Mr. Miriana seconded the motion that carried 7-0. Case #00-2325 Property Address: Violations: BobKatz Pro perties, Inc. 120 S.E. 3"d St. Chapter 15, Article IX-15-120(D) 1 Inc. Rental license required for the property. Yard area needs to be mowed and de- weeded; sod needed in dead areas; Inoperative autos need to be removed from the property as well as outdoor stored items; Section 13-16 of the Boynton Beach Code of Ordinances, Occupational license required. 10 Meeting Minutes -~ J Code Compliance Board Meeting Boynton Beach, Florida March 21,2001 Inspector Lewis reported that the property had originally been cited on September 12, 2000 and was being brought before the Board for violations of the Community Appearance Code and an occupational license requirement. The property owner of record, Bob Katz, was present. Bob Katz, 306 S.E. 1st Avenue, pled no contest for violation of the Community Appearance issue and not guilty to the occupational license required. He said that this property was leased and as such, there was a possible conveyance of title, and it may not be subject to the occupational license requirement. When title is conveyed through leased property, the occupational license requirement for rental property does not apply. Chairman DeLiso asked Mr. Blasie to comment on that. Mr. Blasie had not heard all of Mr. Katz's comment. Mr. Katz stated that if he could have another thirty days his attorney could be present. He reiterated that as his attorney described the situation to him, the lease had been set up as a conveyance of title and was, therefore, not subject to occupational license requirements. Mr. Blasie asked when the people in the building took title? Mr. Katz stated upon signing the lease. Assistant City Attorney Igwe asked the length of the leasehold? Mr. Katz stated it was one year. Assistant City Attorney Igwe asked if the lessor paid money and Mr. Katz stated that they did. Assistant City Attorney Igwe asked Mr. Blasie to read him the language of the Code. Mr. Blasie read from the Boynton Beach Code of Ordinances, Chapter 13, Article I, Section 13-4 entitled Classification and Fee Schedule. The classification number is 6514 and is called Rental Property Four Units or Less Including Single Family Residential Rentals. It describes a licensing procedure1 The first paragraph states: "Every rental unit used for residential living purposes in the City must be licensed". This includes rental property four units or less, including single family residential rentals, condominiums, and mobile homes. Mr. Lambert asked if the person leasing the property was leasing it with an option to buy? Mr. Katz stated that there was no option to purchase. He said it was a lease that conveyed title during the leased period. Assistant Attorney Igwe said that he understood that when Mr. Katz leased the property to his tenant, his tenant had the title to the property for one year. Mr. Katz affirmed this was so. Assistant Attorney Igwe said that he was still being paid for the lease so he did not see any distinction between this arrangement and an ordinary rental. Mr. Katz stated that this is what he had been told by his attorney. Mr. Lambert asked Mr. Katz if he could clear everything up in 30 days? Mr. Katz said he had finished just about everything else and that he needed to get clarification on the title issue. Mr. Blasie said that Mr. Katz had applied for a rental license on this property and another one to be heard tonight at 114 S.E. 3rd Street, but that he had not passed the required inspections. Mr. Katz stated he was aware that the house at 120 S.E. 3rd Street required some work. 11 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida March 21,2001 In the discussion that ensued, it seemed that the other property, 114 S.E. 3rd Street, could be in compliance in 30 days but that this property, 120 S.E. 3r~ Street, would need a lot more time. In the discussion about the property at 120 S.E. 3rd Street, Mr. Katz said that it had been done about twenty years ago as a multiple dwelling and it was only showing as a single family and there was an extra unit there, a bootleg. Mr. Katz said the people had to be vacated from one side and this would take time. Motion Based on the testimony and evidence presented in Case No. 00-2325, Mr. Lambert moved that this Board find, as a matter of fact and as a conclusion of law, that BobKatz Properties, Inc. is in violation of Chapter 15, Article IX-15-120(D).1 Inclusive and Section 13-16 of the Boynton Beach Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before July 16, 2001. 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. Ms. Williams seconded the motion that carried 7-0. Case #00-2326 Property Address: Violations: BobKatz Properties, Inc. 114 S.E. 3rd Street Chapter 15, Article IX-15-120(D)1 Inclusive; sod needed in dead areas of Yard; mow and trim overgrown yard area; remove trash and debris and outdoor stored items. Section 13-16 of the Boynton Beach Code of Ordinances, Occupational License Required. Inspector Lewis stated that this case had been cited September 12, 2000 for violations of the Community Appearance Code and for Occupational License Required. He stated that the property looked pretty good but final inspections had to be passed. He said he needed to go in and check the smoke detectors. Mr. Katz stated that the work had been done. Motion Based on the testimony and evidence presented in Case No. 00-2326, Mr. Lambert moved that this Board find, as a matter of fact and as a conclusion of law, that BobKatz Properties, Inc. is in violation of Chapter 15, Article IX-15-120(D).1 Inclusive and Section 13-16 of the Boynton Beach Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before April 16, 2001. If the Respondent does not comply with this Order, a fine in the amount of $25,00 per day plus administrative 12 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida March 21,2001 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. Mr. Miriana seconded the motion that carried 7-0. Mr. Lambert said that the issue of lease/ownership/rental properties/occupational licenses came up quite frequently and he stated it should be researched. Assistant City Attorney Igwe stated that he would look into it. Case #01-193 Property Address: Violations: John C. Schneider 416 W. Boynton Beach Boulevard Chapter 10, Article II, Section 10-24, Inclusive; uncontainerized refuse; and Chapter 15, Article IX-15-120(E)2B repair or replace roof; remove bulk trash; Remove inoperable vehicles from property. Inspector Lewis reported that the property was initially cited on January 30, 2001 for violations of the Community Appearance Code. He stated that Section (E2B) was now in compliance. The bulk trash needs to be removed and inoperable autos need to be removed from the property. These were the only violations left. The property owner was present. John Schneider stated that the Notice of Violation was served on him on March 14, one Week previously. He talked with Skip Lewis the next day and informed him that they were making repairs on the roof that have been done. We talked about collection of trash that had been next to the dumpster. That was removed and taken away. He thought Inspector Lewis was referring to somebody who had stored building materials on the west end of the building consisting of some doors and some pipes and so forth. That was new but he would be able to take care of that pretty quickly. The third item related to automobiles. The autos that were on the premises at the time the violation occurred and as recently as one week ago were gone. They have posted the property so that they will be towed when they are tagged by the City. The problem is that within the last two or three weeks there were about five different vehicles which have been parked there. The residents in the twelve units do not own five vehicles. Somebody is driving vehicles there and leaving them there and walking away. The other vehicles were already towed away since the previous Wednesday. Mr. Schneider asked for 30 days in which to take care of removing the materials at the side of the building. Motion Based on the testimony and evidence presented in Case No. 01-193, Ms. Williams moved that this Board find, as a matter of fact and as a conclusion of law, that John Schneider is in violation of Chapter 110 Article II 10-24 Inclusive and Chapter 15, Article IX-15-120 of the Boynton Beach Code of Ordinances. Ms. Williams moved to order that the Respondent correct the violations on or before April 16, 2001. 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 13 Meeting Minutes - -~ Code Compliance Board Meeting Boynton Beach, Florida March 21,2001 City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Vice Chair Hammer seconded the motion that carried 7-0. Case #01-281 Property Address: Violations: Jeffrey & Nelva Alvarado 405 W. Ocean Avenue Standard Building Code 1997 Edition, 104.1.1 and 105.6, Secure correct building permit and final inspection for the new electrical service change. Concrete block stem walls and foundation footers require proper building permits or all materials should be removed. New windows that were installed required an additional permit. Inspector Lewis reported that this property was originally cited on February 8, 2001 for violations of the Standard Building Code. Jeffrey Alvarado, 405 W. Ocean Avenue was undecided whether to plead no contest or not guilty. He said he ordered material for the slab one year ago. Then he got the blueprints and everything was approved. He got the first violation on July 11, 2000 because of a wall but he removed it. Mr. AIvarado asked if everything was all right and Inspector Lewis stated he had not had the proper inspections. The footers in the stem wall were not done according to the plan. He got a permit for a 4" slab and the Building Inspector red-tagged it. They never gave him any inspections and nothing has been passed by the Building Department for the slab. Additional violations were added and this was a new case. Mr. Alvarado said at the first warning he fixed the problems. The second warning was about the foundation around the slab. He did not say anything about the windows or electricity. The NC company did not want to install an NC until he put in a new panel because it was an old house. He got and paid for a permit but it was three years ago and he had lost it. He would have a copy of a check from the bank but they said it would take 25 days to prove he paid for a permit for an electric panel. Chairman DeLiso said that his permits were outdated and he agreed that they were. He told Mr. AIvarado he would have to apply for new permits. Mr. Alvarado said he got the final inspection and everything at the time on the electric panel. The problem was that Mr. Lewis was saying they could not find anything in the computer about it. Chairman DeLiso asked if Mr. AIvarado had anything in his possession that would prove that the City had approved his electrical panel? Mr. AIvarado said he would try to get something. Chairman DeLiso asked Inspector Lewis why he went out three years later? Inspector Lewis replied that this was not three years later, it was for the slab. Chairman DeLiso asked about the electrical panel? Inspector Lewis said he cited that when he was checking something else when he noted that new service had been done within the last two years. What Mr. Alvarado is saying is that he got a permit for the electrical panel for the air conditioning. That was finalled on the other side of the house. He also had to show it to FPL before they would finish their work. 14 Meeting Minutes ~- Code Compliance Board Meeting Boynton Beach, Florida March 21, 2001 Mr. AIvarado stopped at the Building Department a week ago and he showed the violation and was told that the only problem at the moment was the foundation slab so that is why he was confused. No one said anything about the windows. Chairman DeLiso asked if he had gotten permits when he put the windows in? Mr. AIvarado said they were not new windows and that they had been there when he bought the house. Inspector Lewis said he had been working in the area for three years and had pictures of the new windows that were pull-up windows. There were awnings and jalousies there before. Chairman DeLiso asked Mr. Alvarado if he had changed out the windows and he stated he had not. He said the only thing he had done was put plywood around the edge when he put up hurricane shutters. Mr. Lambert asked if FPL usually came out to disconnect the mains and re-hook up a new service panel? Mr. Blasie replied that they just did from the pole to the can. Mr. Alvarado said that before they installed the wire they wanted to see the permit and he showed it to them. Chairman DeLiso said that from the windows it looked like he put new windows in. Mr. AIvarado said he had only put in the edge around the windows. Motion Based on the testimony and evidence presented in Case No. 01-281, Mr. Lambert moved that this Board find, as a matter of fact and as a conclusion of law, that Jeffrey AIvarado is in violation of Standard Building Code 1997 Edition 104.1.1 and 105.6 of the Boynton Beach Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before May 16, 2001. 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. Vice Chair Hammer seconded the motion that carried 7-0. A. LIEN PENALTY CERTIFICATION (TABLED) Case #00-1723 Bernard Macon Jr. 50 N.W.27th Court Inspector Guillaume reported that the notice of violation in this case was July 19, 2000 for Community Appearance Code violations. A Code Compliance Board hearing date was set for October 18, 2000 and the Respondent did not appear. A compliance date of DeCember 18, 2000 and a proposed fine of $25.00 a day were set by the Board. The property complied on March 15, 2001 for a total of 86 days of non-compliance. The City recommended no fine. The property owner, Bernard Macon, Jr., was present. Chairman DeLiso stated that this had been the case where they had to determine the property line. Motion Based on the testimony and evidence presented in Case No. 00-1723, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondent, Bernard Macon, Jr., 15 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida March 21, 2001 was in violation of Code Sections Chapter 15, Article IX-15-120(D) 1 Inclusive, subsequent to the date of compliance specified in this Board's Order of October 18, 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 in this case. Ms. Williams seconded the motion that carried 7-0. Case #00-1844 Brian Fitzpatrick 18 N.W. 25th Street Delray Beach, FI 3091 Ocean Pkwy. Inspector Guillaume reported that this case had originally been cited on July 26, 2000 for Section 13-16 of the Boynton Beach Code of Ordinances, Occupational License Required. A Code Compliance Board hearing was held on November 15, 2000 and the Respondent did appear. A compliance date and proposed fine were set by the Board of January 15, 2001 or $25.00 a day. The property has not complied to date for a total of 65 days of non-compliance. Brian Fitzpatrick, 3091 Ocean Parkway, stated he painted the exterior of his house. He said the house had been in compliance with the paint that was on it but he thought it needed a new paint job. Chairman DeLiso asked Mr. Fitzpatrick why he did not have an occupational license? He said he had some things to finish inside and would have finished them except he had an accident and separated his shoulder. He asked them to table it until he could come back and be in compliance. Chairman DeLiso said he would go along with 30 days but if the case came back the following month, he believed the Board needed to certify it. Motion Mr. Lambert moved to table Case No.00-1844 until the Code Compliance Board meeting to be held on April 18, 2001 for 30 days. Ms. Williams seconded the motion that carried 7-0. B. LIEN PENALTY CERTIFICATIONS Case #00-1862 Brian Fitzpatrick 18 N.W. 25th St. Delray Beach, FI 33444 270 N.E. 28th Court Inspector Guillaume reported that this property had originally been cited on July 26, 2000 for violation of Section 13-16 of the Boynton Beach Code of Ordinances. A Code Compliance Board hearing was held on November 15, 2000 and the Respondent did appear. A compliance date and proposed fine were set by the Board of January 15, 2001 or $25.00 per day. The property had not yet complied for a total of 65 days to date of non-compliance. 16 Meeting Minutes ~. L Code Compliance Board Meeting Boynton Beach, Florida March 21,2001 Motion Mr. Lambert made a motion to table Case No. 00-1862 until the Code Compliance Board meeting to be held on April 18, 2001. Vice Chair Hammer seconded the motion that carried 7-0. Case #00-2183 Shelter Solutions, Inc. 70 Whitlock Place Marietta, Ga. 30064 404 N.W. 7th Court Inspector Webb reported that this case had been cited originally on August 31, 2000 for violation of the Community Appearance Code. A Code Compliance Board hearing was held on November 15, 2000 and the Respondent did appear. A compliance date and proposed fine were set by Board of December 18, 2000 or $25.00 per day. The property complied on March 21, 2001 for a total of 91 days of non-compliance. The City recommended no fine. Daniel Fuchs, 404 N.W. 7th Court, stated he had been to every meeting and he thanked the Board for their patience. Chairman DeLiso asked Mr. Fuchs if he had ever appeared before this Board before? Mr. Fuchs replied that he had not. Motion Based on the testimony and evidence presented in Case No. 00-2183, Ms. Williams moved that this Board find, as a matter of fact, that the Respondent, Shelter Solutions, Inc., was in violation of Code Sections Chapter 15, Article IX-15-120(B) 1 subsequent to the date of compliance specified in this Board's Order of November 15, 2000. 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 in this case. Mr. Lambert seconded the motion that carried 7-0. Case #00-1510 Veronica Motiram 1609 S. Congress Avenue Inspector Roy asked that this case be postponed until the June meeting of the Code Compliance Board. Motion Mr. Lambert moved to table Case No. 00-1510 until the June 20, 2001 meeting of the Code Compliance Board. Ms. Williams seconded the motion that carried unanimously. Case #00-3222 David Dennis 1314 S. Seacrest Blvd. Inspector Lewis reported that the notice of violation date was November 14, 2000 for Code Section Standard Building Code 1997 Edition 104.1.1 and Section 13-16 of the Boynton Beach Code of Ordinances. A Code Compliance Board hearing was held on 17 Meeting Minutes ~' Code Compliance Board Meeting Boynton Beach, Florida March 21, 2001 January 17, 2001 and the Respondent did appear. A compliance date and proposed fine were set by Board of February 19, 2001 or $25.00 per day. The property has not yet complied for a total of 30 days of non-compliance to date. The City recommends tabling this for 30 days. Motion Mr. Lambert moved to table Case No. 00-3222 until the April 18, 2001 meeting of the Code Compliance Board. Ms. Williams seconded the motion that carried 7-0. Case #00-1109 Phoenix Real Estate Inv. Grp. 907 N. Federal Hwy. Mr. Blasie stated that this was one of several Board Orders issued at the same time on the same property. Mr. Blasie reported that this property was originally cited on May 3, 2000 for violations of Section 10-3 and Section 13-15 of the Boynton Beach Code of Ordinances. A Code Compliance Board meeting was held on August 16, 1000 and Respondent did appear. A compliance date and proposed fine set by Board of August 28, 2000 or $100 per day. The property complied on September 6, 2000 for 8 days of non-compliance. This is one of several Board orders and in this case, the City recommends no fine. Mr. Blasie recommended hearing all the Board Orders on this property before making a motion. The second Board Order was for violations of the Standard Building Code and Land Development Regulations of the Boynton Beach Code of Ordinances. Respondent appeared at the August 16, 2000 Board hearing. A compliance date and proposed fine was set by Board of November 13, 2000 or $100 per day. The property has not complied as yet for 128 days of non-compliance. The Respondent has retained the services of an architect, Mr. Beasley, who was at the original hearing and is here again tonight. They have made some strides to comply but are not in compliance yet. They have obtained some permits and gotten inspections for some of the work but some of the other work needs to have plans drawn up and submitted and permits issued and that has not been done yet. The plans may have been done but he did not believe permits had been issued on the plans. There are various stages of progress in the case. Mr. Lambert asked what direction all this was taking? Assistant City Attorney Igwe stated that he had spoken to Quintus Greene and this case was complicated. There were issues dealing with foreclosure, issues dealing with refinancing, issues dealing with lack of an occupational license and so forth. Mr. Greene asked Assistant City Attorney Igwe to plead with the Board to allow the Respondent an opportunity to straighten out some of these administrative difficulties so that the Respondent could get a mortgage. Assistant Attorney Igwe suggested that the Board table the issue for sixty days. The architect, Mr. Dave Beasley, 623 N. Railroad Avenue, said that he had spoken to Mr. Greene today. They had an occupational license and Respondent went to get it renewed and the withholding of that occupational license had messed up a refinancing effort which was needed to do the work to comply with the Board's Orders. 18 Meeting Minutes ' ~ Code Compliance Board Meeting Boynton Beach, Florida March 21,2001 Motion Mr. Lambert moved to table Case No. 00-1109 until the May 16, 2001 meeting of the Code Compliance Board. Vice Chair Hammer seconded the motion that passed 7-0. Case #00-1164 Phoenix Real Estate Inv. Grp. 907 N. Federal Highway After a brief discussion, the following motion was made. Motion Mr. Lambert moved to table Case No. 00-1164 until the May 16, 2001 meeting of the Code Compliance Board. Vice Chair Hammer seconded the motion that passed 7-0. A. CASES TO BE HEARD Case #00-2489 Property Address: Violations: Angella & Philbert King 608 N.E. 2"d Street Part 3, Land Development Regulations, Chapter 2, Section 6.B.5; Part 3, LDR, Chapter 20-VlII.Sec2.A., 2.B, 2.D, and 2.H.; SFPC 1991 603.2; Section 13-16 of the Boynton Beach Code of Ordinances 1) unpermitted external storage not permitted in residential zone; 2) building needs to be watertight, weatherproof, and rodent proof; 3) bathroom walls have holes, cracks; 4) electrical fixtures switches need GFI plugs; 5) smoke detectors should be operable; occupational license required. Inspector Pierre reported that this property had originally been cited on September 27, 2000 for a rental occupational license and exterior storage violations. It was discovered through routine inspection and the owner of record was present. Inspector Pierre stated that he had spoken with Respondent and that the remaining items were very minor. Angella King, 3035 Grove Road, pled no contest and asked for 30 days. Motion Based on the testimony and evidence presented in Case No. 00-2489, Mr. Lambert moved that this Board find, as a matter of fact and as a conclusion of law, that Angella & Philbert King are in violation of Part 3, Land Development Regulations, Chapter 2, Section 6.B.5; LDR Chapter 20-VIII.Sec.2.A.,2.B,2.D, and 2.H; SFPC 1991 603.2; Section 13-16 of the Boynton Beach Code of Ordinances. Mr. Lambert moved to order that the Respondents correct the violations on or before April 16, 2001. 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 19 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida March 21, 2001 the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Bob Foot seconded the motion that carried 7-0. Case #00-2299 Property Address: Violations: Sellers Only, Inc. 240 S.E. 23rd Avenue Standard Building Code 1997 Edition 104.1.1; Permit required to re-seal and re-stripe parking lot. Inspector Cain reported that the property was originally cited on September 12, 2000 for violation of the Standard Building Code, requirement for a permit for re-sealing and re- striping parking lot. The violation was discovered by a referral from the Building Department. Service was accomplished by certified mail. The owner of record, Sellers Only, Inc. was present. Rich Wall, representing Sellers Only, Inc., pled no contest. He stated that a permit was applied for sixty days ago and was ready to be picked up. The contractor has been out of town and they had been waiting for the work to be done. The previous owner had sealed the parking lot but it had never been striped. Motion Based on the testimony and evidence presented in Case No. 00-2299, Mr. Lambert moved that this Board find, as a matter of fact and as a conclusion of law, that Sellers Only, Inc. is in violation of Standard Building Code 1997 Edition 104.1.1 of the Boynton Beach Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before April 16, 2001. 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. Bob Foot seconded the motion that carried 7-0. CHAIRMAN DELISO CALLED A RECESS AT 8:45 P.M. THE MEETING RECONVENED AT 8:55 P.M. Case #01-t41 Property Address: Violations: Terrence Brabham 652 South Road Section 20-6 and 20-8 of the Boynton Beach Code of Ordinances; Boat in slip must be registered and be owned or used by resident. Working on boat can be no longer than seven days. Mr. Scott Blasie, Code Compliance Administrator, presented Case No. 01-141. The property owner of record was Terrence Brabham and he was not present. The violation 20 Meeting Minutes · Code Compliance Board Meeting Boynton Beach, Florida March 21,2001 was for Code Section 20-6 and 20-8 of the Boynton Beach Code of Ordinances. Mr. Brabham has a boat slip that is deeded to him and deemed to be private property. It is in the water but he has deeded rights one third of the way across the spillway. The property is located on the Boynton Spillway. Someone Mr. Brabham knows brought a dilapidated boat up to the slip and at the time it was cited, was living on the boat and repairing it. Our City Ordinance 20-6 states that to have a boat on your property, it has to be owned or used by a resident of the premises. This gentleman was not a resident and not a property owner. It also states you can do repairs on your boat but not to exceed seven days. This particular repair exceeded seven days. The person moved off the boat, mainly because he said he had to go back to Texas and go to work for awhile. Mr. Blasie did expect him back at some time. Mr. Foot wanted to know if it was possible to rent your boat slip to someone else? Mr. Blasie said that this could be done but not to live and work on it. The man who was living and working on the boat told Mr. Blasie and Inspector Roy that he tried to take it to a boat yard but the boat was so dilapidated the boat yards did not want to try lifting it out of the water for fear that the structure would not withstand the load. It appeared to Mr. Blasie that he bobbed around for awhile till he found this guy that had a slip and parked it there and started living and working on it: The City began receiving calls from the neighbors in complaint. Mr. Blasie said he had not talked to the slip owner. Mr. Rossi asked Mr. Biasie if the registration of the boat entered into the Codes? Mr. Blasie said that it could but in this case there was an admission from the person living in the boat that it was his boat and not Mr. Brabham's. Mr. Blasie showed a picture of the boat to the Board. Mr. Foot stated that he understood the violation was for the boat not belonging to the resident of the property that owned the slip and yet he also understood that it was p~rmissible to rent your boat slip to someone else? Mr. Blasie said it was a unique situation because most people do not own the land that has the water on it in which the boat was on. Typically, if you have a boat, it is on your driveway or in the back yard. You would not rent your backyard area. Usually if your boat is in the water it is on prToperty owned and controlled by someone else. In this case these slips are deeded to th~se property owners and their deeded rights go one third of the way across the spillway. The Board needs to consider this as if it were in his yard, on his property. It di~l not appear to Mr. Blasie that it would be possible to rent this boat slip since the Code stated the boat must be used or owned by a resident of the property. If Mr. Brabham had used the boat he could have rented it. Motion Based on the testimony and evidence presented in Case No. 01-141, Mr. Lambert mpved that this Board find, as a matter of fact and as a conclusion of law, that Terrence Brabham is in violation of Sections 20-6 and 20-8 of the Boynton Beach Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before April 16, 2001. If the Respondent does not comply with this Order, a fine in the a~ount 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 Meeting Boynton Beach, Florida March 21,2001 arrange for reinspection of the property to verify compliance with this Order. Vice Chair Hammer seconded the motion that carried 7-0. Case #01-133 Property Address: Violation: Ra,y, mond Torres 3130 E. Atlantic Drive Chapter 15, Article IX-15-120(D).lA and Section 10-02 of the Boynton Beach Code of Ordinances. Remove trash and debris and register and/or remove all unregistered vehicles. De-weed and cut grass. Inspector Laverdure reported that this property had originally been cited on January 24, 2001 for violations of the Community Appearance Code. Everything had been complied with except for registering and/or removing all unregistered vehicles. The house is owned by Raymond Torres. The violation was discovered by routine inspection. Service was accomplished by posting. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-133, Mr. Lambed moved that this Board find, as a matter of fact and as a conclusion of law, that Mr. Raymond Torres is in violation of Chapter 15, Article IX-15-120(D).1A and Section 10-02 of the Boynton Beach Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before April 16, 2001. 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. Mr. Miriana seconded the motion that carried 7-0. / Case #01-109 Lucio & Maria Garcia Property Address: 503N.E. 2"d Street Violations: Ch apter 15, Article IX-15-120(E)2A and(D) Inclusive; Remove refrigerator in front yard. Sod yard. Replace broken window and screen. Inspector Pierre reported that this property had originally been cited on January 22, 2001 for violations of the Community Appearance Code. The violation was discovered by routine inspection. Service was accomplished by posting. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-109, Mr. Lambert moved that this Board find, as a matter of fact and as a conclusion of law, that Lucio & Maria Garcia are in violation of Chapter 15, Article IX-15-120(D) nc usive and (E) 2A of the Boynton Beach Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before April 16, 2001. If the Respondents do not 22 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida March 21, 2001 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. Ms. Williams seconded the motion that carried 7-0. Case #01-341 Property Address: Violations: Raymond & Linda Torres 239 N.E. 13th Avenue Chapter 15, Article IX-15-120(D).1A; remove or register vehicle Inspector Pierre reported that this property had originally been cited on February 15, 2001 for violations of the Community Appearance Code. The violation was discovered through routine inspection and service was by certified mail. The City recommended 15 days. Motion Based on the testimony and evidence presented in Case No. 01-341, Ms. Williams moved that this Board find, as a matter of fact and as a conclusion of law, that Mr. Raymond Torres is in violation of Chapter 15, Article IX-15-120 (D).IA of the Boynton Beach Code of Ordinances. Ms. Williams moved to order that the Respondent correct the violations on or before April 5, 2001. If the Respondent does not comply with this Order, a fine in the amount of $50.00 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. Mr. Foot seconded the motion that carried 7-0. Case #00-1650 Property Address: Violations: Dale Beapot 203 N.E. 11th Avenue Chapter 15, Article IX-15-120(D).lnc; PT3-LDR.CH20-VIII.Sections I.G, 2.A, 2.B, 2.D, and 2.G. Repair roof leaks, missing windows, door and windows not weather-tight, no smoke detector, no outside exit lights and soffit screens; install grass where bare spots occur; remove driveway made of trash roof tiles; get permit and install a proper one. Inspector Webb reported that this case had originally been cited on July 11, 2000. The violations were discovered through a routine inspection. Service was accomplished by certified mail. The work is almost complete. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 00-1650, Mr. Lambert moved that this Board find, as a matter of fact and as a conclusion of law, that Mr. Dale Beapot is in violation of Chapter 15, Article IX-15-120 (D) Inclusive; PT3-LDR.CH20- VIII.Sections 1.G, 2.A, 2.B, 2.D, and 2.G of the Boynton Beach Code of Ordinances. Mr. 23 Meeting Minutes ' Code Compliance Board Meeting Boynton Beach, Florida March 21,2001 Lambert moved to order that the Res pondent correct the violations on or before April 16, 2001. 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. Mr. Miriana seconded the motion that carried 7-0. Case #00-3360 Property Address: Violations: Frank J. Licata, Jr. 2511 S.W. 4th Street Standard Building Code 1997 Edition 104.1.1 Permit when required; and 105.6 Required inspections. Inspector Webb reported that this property had originally been cited on December 2, 2000 for violations of the Standard Building Code. The violation was discovered through a routine neighborhood inspection. Service was accomplished by certified mail. The City recommended 15 days. Motion Based on the testimony and evidence presented in Case No. 00-3360, Mr. Lambert moved that this Board find, as a matter of fact and as a conclusion of law, that Mr. Frank Licata, Jr. is in violation of Standard Building Code 1997 Edition, 104.1.1 and 105.6 of the Boynton Beach Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before April 16, 2001. 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. Mr. Midana seconded the motion that carried 7-0. Case #00-3421 Property Address: Violations: Yves Hubert Tr 725 N. Federal Highway Chapter 15, Article IX-15-120(D).1A Appearance/Maintenance Private Property; PT3-LDR.CH2.SEC.6.C.6; PT3- LDR.CH21-1.SEC.15; PT3-LDR.CH21- I.SEC.4; PT3-LDR.CH21-11.SEC3.A; 10-3 and 10-52 of Boynton Beach Code of Ordinances. Exterior Display/Storage; property must be maintained free of all trash, debris, abandoned autos, and other derelict objects as required by City Code. Exterior storage of boats is prohibited unless connected to a legal use. Abandoned sign structure located at northeast corner of property must be removed. "For Rent" signs are not allowed withoUt first obtaining permits from the Development Department. Sign 24 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida March 21, 2001 removal required; sign permit required; sign not meeting criteria; hurricane hazards; inoperable vehicle - private property. Inspector Webb reported that this property was originally cited on December 8, 2000 for violations of the Community Appearance Code, Exterior Display and Storage, Sign Violations, Hurricane Hazards, and Inoperable Vehicle. The violations were discovered through a routine neighborhood inspection. Service was accomplished by certified mail/hand carry but Respondent refused to sign. Assistant City Attorney Igwe stated that the Respondent was in bankruptcy and he asked the Board to give him sufficient time to settle it, possibly sixty days. Mr. Miriana commented that there had been a lot of complaints about the property and the neighbors wanted to see action on this property. Mr. Foot asked if the Respondent had other properties that were in violation? Mr. Blasie replied that because of the bankruptcy proceedings, the City was prohibited by law from trying to collect fines. This case is new. A majority of the violations in this case were not included in the old cases. Motion Based on the testimony and evidence presented in Case No. 00-3421, Mr. Lambert moved that this Board find, as a matter of fact and as a conclusion of law, that Mr. Yves Hubert Tr is in violation of Chapter 15, Article IX-15-120(D).lA; PT3- LDR. CH2.SEC6.C.6; PT3-LDR.CH21-1 .SEC15; PT3-LDR.CH21-1 .SEC.4; PT3- LDR.CH21-11.SEC3.A; 10-3 and 10-52 of the Boynton Beach Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before May 14, 2001. If the Respondent does not comply with this Order, a fine in the amount of $75.00 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. Vice Chair Hammer seconded the motion that carried 6-1, Mr. Miriana dissenting. Case #00-3455 Property Address: Violations: Thomas Connell 620 N.E. 12th Avenue PT3-LDR.CH20-VIII.SEC2.A., PT3-LDR. CH20.VIII.SEC2.A; SBC 1997 ED 104.1.1; SEC 13-16 of Boynton Beach Code of Ordinances - General Condition of Structure; Repair electrical problem on porch; obtain a permit for shed and renew occupational license. Inspector Webb reported that this property was originally cited on December 19, 2000 for violations of the Community Appearance Code and Standard Building Code. The violation was discovered through a complaint by a tenant. Service was accomplished by posting. The City recommended 30 days. 25 Meeting Minutes - ~ Code Compliance Board Meeting Boynton Beach, Florida March 21, 2001 Motion Based on the testimony and evidence presented in Case No. 00-3455, Mr. Lambert moved that this Board find, as a matter of fact and as a conclusion of law, that Thomas Connell is in violation of PT3-LDR.CH20-VIII.SEC2.A, PT3-LDR.CH20-VIII.SEC2.A, SBC 1997 Edition 104.1.1 and 13-16 of the Boynton Beach Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before April 16, 2001. If the Respondent does not comply with this Order, a fine in the amount of $75.00 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. Vice Chair Hammer seconded the motion that carried 7-0. Case #01-156 Property Address: Violations: Elfriede Schlaf 1010 Coral Court Section 13-16 of the Boynton Beach Code of Ordinances -- occupational license required on rental property and inspection required. Inspector Webb reported that this property was originally cited on January 25, 2001 for violation of Section 13-16 of the Boynton Beach Code of Ordinances. The violation was discovered through a complaint from a tenant. Service was accomplished by certified mail. City recommended 30 days. Mr. Lambert asked if there were any safety issues and Inspector Webb replied that there were some wires that were exposed. Motion Based on the testimony and evidence presented in Case No. 01-156, Mr. Lambert moved that this Board find, as a matter of fact and as a conclusion of law, that Elfriede Schlaf is in violation of Section 13-16 of the Boynton Beach Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before April 16, 2001. If the Respondent does not comply with this Order, a fine in the amount of $75.00 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. Mr. Midana seconded the motion that carried 7-0. Case #00-3558 Property Address: Violations: Josephine & Willie Moody, Jr. 2103 N.E. 4th Court Chapter 15, Article IX-15-120(D).lnc; remove unregistered/inoperable white and grey Cadillacs. Install grass in yard where bare spots occur. 26 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida March 21,2001 Inspector Melillo stated that this case had originally been cited on January 2, 2001. The violation was a result of a complaint by the Police Department. Service was accomplished by certified mail. The City recommended 10 days. Motion Based on the testimony and evidence presented in Case No. 00-3558, Mr. Lambert moved that this Board find, as a matter of fact and as a conclusion of law, that Josephine & Willie Moody are in violation of Chapter 15, Article IX-15-120(D).lnc. of the Boynton Beach Code of Ordinances. Mr. Lambert moved to order that the Respondents correct the violations on or before April 1, 2001. If the Respondents do not comply with this Order, with the exception of the grass, 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. Ms. Williams seconded the motion that carried 7-0. Case #01-06 Property Address: Violations: Florida PJ Group, Inc. 1401 N.W. 3rd Street Chapter 15,= Article IX-15- 120(D).lnc. Install grass in yard and swale. Install or repair driveway and apron. Remove fence or get permit to install new one. Inspector Melillo stated that this case had been originally cited on January 3, 2001 for violations of the Community Appearance Code. Service was accomplished by posting. The grass in yard and swale complied. The driveway and apron have complied. In the case of the fence, they took down an un-permitted fence and put up another one, also without a permit. The violation was discovered by routine inspection of the neighborhood. The City recommended 30 days. Mr. Foot asked how this case tied in to the subsequent case, #01-1767 Inspector Melillo stated that the other case was a red-tag from the Building Department for other violations that were inside the house. Motion Based on the testimony and evidence presented in Case No. 01-06, Mr. Lambert moved that this Board find, as a matter of fact and as a conclusion of law, that Florida PJ Group, Inc. is in violation of Chapter 15, Article IX-15-120(D).lnc. of the Boynton Beach Code of Ordinances. Mr. Lambert moved to order that the Respondents correct the violations on or before April 16, 2001. If the Respondents do not comply with this Order, with the exception of the grass, 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. Ms. Williams seconded the motion that carried 7-0. 27 Meeting Minutes ' Code Compliance Board Meeting Boynton Beach, Florida March 21,2001 Case #01-176 Property Address: Violations: Florida PJ Group, Inc. 1401 N.W. 3rd Street Standard Building Code 1997 Edition 104.1.1 and 105.6; Interior _remodeling house without permits. Red tag dated 1/11/01 and, contact B. Gall, Building Division. Inspector Melillo stated the property was originally cited on January 29, 2001 for Standard Building Code violations. There was a red tag from the Building Department numbered 01-1101. Service was accomplished by posting. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-176, Mr. Lambert moved that this Board find, as a matter of fact and as a conclusion of law, that Florida PJ Group, Inc. is in violation of Standard Building Code 1997 Edition, 104.1.1 and 105.6 of the Boynton Beach Code of Ordinances. Mr. Lambert moved to order that the Respondents correct the violations on or before April 16, 2001. 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. Ms. Williams seconded the motion that carried 7-0. Case #01-180 Property Address: Violations: Ziad Kaddouri & Sandra Bosch 1611 N. Seacrest Boulevard Chapter 15, Article IX-15-120(D).lnc. Remove, repair and/or register 4-dr red Chevrolet. Repair hole in the driveway. Inspector Melillo stated that this property had originally been cited on January 29, 2001 for violations of the Community Appearance Code. The violation was found by routine inspection. Service was accomplished by certified mail. The City recommended 15 days. Motion Based on the testimony and evidence presented in Case No. 01-180, Mr. Lambert moved that this Board find, as a matter of fact and as a conclusion of law, that Ziad Kaddouri and Sandra Bosch are in violation of Chapter 15, Article IX-15-120(D).lnc. of the Boynton Beach Code of Ordinances. Mr. Lambert moved to order that the Respondents correct the violations on or before April 6, 2001. 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. Mr. Rossi seconded the motion that carried 7-0. 28 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida March 21,2001 Case #01-216 Property Address: Violations: Leopold & Dalicia Bertrand 2200 N.E. 2nd St. Chapter 15, Article IX-15-120(D).lA and Section 14-3 of the Boynton Beach Code of Ordinances. Remove all inoperable or unregistered vehicles from yard; vehicles over one ton are not allowed. Inspector Melillo reported that this property had originally been cited on January 31, 2001 for violations of the Community Appearance Code and the truck parking regulations. The violation was discovered through a routine inspection of the neighborhood. Service was accomplished by certified mail. The owner of record, Mr. Bertrand, was at the meeting earlier but could not stay. Mr. Bertrand asked Inspector Melillo to request 30 days and Inspector Melillo stated he would recommend it to the Board. Mr. Bertrand was trying to have the large truck moved. Motion Based on the testimony and evidence presented in Case No. 01-216, Mr. Lambert moved that this Board find, as a matter of fact and as a conclusion of law, that Leopold and Dalicia Bertrand are in violation of Chapter 15, Article IX-15-120(D).1A and Section 14-3 of the Boynton Beach Code of Ordinances. Mr. Lambert moved to order that the Respondents correct the violations on or before April 16, 2001. 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. Mr. Foot seconded the motion that carried 7-0. Case #01-241 Property Address: Violations: Joseph & Marie Luma 1516 N.E. 1st Street Chapter 15, Article IX-15-120(D).lnc. Rem ove all unregistered/inoperable motor vehicles. De-weed parking area in swale. Remove all trash and appliances from property. Inspector Melillo reported that this property was originally cited on February 5, 2001 for violations of the Community Appearance Code. The violation was discovered by routine inspection. Service was accomplished by certified mail. The City recommended 15 days. Motion Based on the testimony and evidence presented in Case No. 01-241, Mr. Lambert moved that this Board find, as a matter of fact and as a conclusion of law, that Joseph & Made Luma are in violation of Chapter 15, Article IX-15-120(D).lnc. of the Boynton Beach Code of Ordinances. Mr. Lambert moved to order that the Respondents correct the violations on or before April 5, 2001. If the Respondents do not comply with this 29 Meeting Minutes ..... Code Compliance Board Meeting Boynton Beach, Florida March 21, 2001 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. Mr. Rossi seconded the motion that carried 7-0. Case #00-3055 Property Address: Violations: Gareth Bigart & Zachary Fox 112 S.W. 1st Avenue Standard Building Code 1997 Edition 104.1.1; Building permit and proper Inspections are required for the new wood frame structure in the rear. New windows, doors, and A/C also require proper permits. Inspector Lewis reported that this case had originally been cited on November, 1, 2000 for violations of the Standard Building Code. The City recommended 60 days. Motion Based on the testimony and evidence presented in Case No. 00-3055, Mr. Lambert moved that this Board find, as a matter of fact and as a conclusion of law, that Gareth Bigart & Zachary Fox are in violation of the Standard Building Code, 1997 edition, 104.1.1 of the Boynton Beach Code of Ordinances. Mr. Lambert moved to order that the Respondents correct the violations on or before May 1,2001. 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. Mr. Foot seconded the motion that carried 7-0. Case #00-3423 Property Address: Violations: Benjamin McCandiss 624 S. Seacrest Blvd. Standard Building Code 1997 Edition 104.1.1; Building Permit and required inspections needed for the new windows and door installations. Inspector Lewis reported that this property had originally been cited on December 11, 2000 for violations of the Standard Building Code. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 00-3423, Mr. Lambert moved that this Board find, as a matter of fact and as a conclusion of law, that Benjamin McCandiss is in violation of the Standard Building Code, 1997 edition, 104.1.1 of the Boynton Beach Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before April 16, 2001. 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 Respondents are further ordered to contact the City of Boynton 30 Meeting Minutes Code Compliance Board Meeting Boynton Beach, FlOrida March 21,2001 Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that carried 7-0. Case #00-3572 Property Address: Violations: Jean & Augustine Beauplan 202 S.W. 5th Avenue Chapter '15, Article IX-15-120(D).lnc.; Remove bricks, trash and debris from the right-of-way and property. Sod needed in dead areas. House number required to be visible from adjacent street - Section 15-16 of the Boynton Beach City Ordinances Inspector Lewis reported that this property had originally been cited on January 3, 2001 for violations of the Community Appearance Code and mandatory street number Code section, The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 00-3572. Ms. Williams moved that this Board find, as a matter of fact and as a conclusion of law, that Jean & Augustine Beauplan are in violation of Chapter 15, Article IX-15-120(D).lnc. and Sections 15-16 of the Boynton Beach Code of Ordinances. Ms. Williams moved to order that the Respondents correct the violations on or April 16, 2001. 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. Mr. Foot seconded the motion that carded 7-0. Case #01-111 Property Address: Violations: Joseph & Marie Luma 226 S.W. 13th Avenue Section '!0-52 of the Boynton Beach Code Of Ordinances; remove unregistered, inoperable vehicles property. from Inspector Lewis reported that this case had originally been cited on January 23, 2001 for violations of the Community Appearance Code. The City recommended 10 days. Mr. Foot asked if this had been the second case for Mr. and Mrs. Luma and Inspector Lewis responded that it was. Motion Based on the testimony and evidence presented in Case No. 01-111, Ms. Williams moved that this Board find, as a matter of fact and as a conclusion of law, that Joseph & Marie Luma are in violation of Section 10-52 of the Boynton Beach Code of Ordinances. Ms. Williams moved to order that the Respondents correct the violations on or before 31 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida March 21,2001 March 31, 2001. 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. Mr. Foot seconded the motion that carried 7-0. Case #01-126 Property Address: Violations: Belmont At Boynton Beach, Inc. 1 Belmont Place Chapter 21, Article II, Section 3 - Prohibitions; PT 3-LDR.CH 21-1, Section 4 Sign permit required; Standard Building Code 1997 edition 104.1.1 - Advertising rental sign located at entrance to the Belmont at Boynton on the north side of Woolbright Road, which has no permit, has to be removed. All non-permitted electrical lighting, flags, and any other advertising items need to be removed. Inspector Lewis stated that the property had initially been cited on January 24, 2001. The City recommended 15 days. Mr. Foot questioned the length of the time for compliance, suggesting a shorter period. Inspector Lewis said they had an application for a permit but it had not yet been approved. Mr. Blasie said he told them if they could not get a permit for the sign, they would have to remove it. Motion Based on the testimony and evidence presented in Case No. 01-126, Mr. Foot made a motion that this Board find, as a matter of fact and as a conclusion of law, that Belmont at Boynton Beach, Inc. is in violation of Chapter 21, Article II, Section 3; PT3-LDR. CH 21-1. Section 4; and the Standard Building Code 1997 edition 104.1.1 of the Boynton Beach Code of Ordinances. Mr. Foot moved to order that the Respondents correct the violations on or before April 5, 2001. 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. Mr. Miriana seconded the motion that carried 7-0. Case #01-192 Property Add ress: Violations: Debra Whitman 613 N.W. 1st Avenue Section 13-16 of the Boynton Beach Code of Ordinances; 32 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida March 21, 2001 occupational license required for rental property. Inspector Lewis reported that this property had been cited originally on January 30, 2001. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-192. Ms. Williams made a motion that this Board find, as a matter of fact and as a conclusion of law, that Debra Whitman is in violation of Section 13-16 of the Boynton Beach Code of Ordinances. Ms. Williams moved to order that the Respondents correct the violations on or before April 16, 2001. 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 verity compliance with this Order. Mr. Midana seconded the motion th at carried 7-0. Case #01-210 Property Address: Violations: Manuela Love 125 S.E. 5t~ Avenue Chapter 15, Article IX-15- 120(D) Inc; remove inoperable vehicles, trash and debris from yard. Fence needs to be repaired and grass needed in dead areas of front yard. Section 13-16 of the Boynton Beach Code of Ordinances. Rental property requires an occupational license. Inspector Lewis stated this property had originally been cited on January 31, 2001 for Community Appearance and Occupational License violations. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-210. Vice Chair Hammer made a motion that this Board find, as a matter of fact and as a conclusion of law, that Manuela Love is in violation of Chapter 15, Article IX 120(D) Inc. and Section 13-16 of the Boynton Beach Code of Ordinances. Vice Chair Hammer moved to order that the Respondent correct the violations on or before April 16, 2001. 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. Ms. Williams seconded the motion that carded 7-0. 33 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida March 21, 2001 Case #01-371 Property Address: Violations: Glenn Rorro & Lyn Carreras 215 S,W. 1st Avenue Section '13-16 of the Boynton Beach Code of Ordinances, Rental property requires a license every year. Property requires inspection since renewed. not Inspector Lewis stated this property was originally cited on February 16, 2001 for Section 13-16 of the Boynton Beach Code of Ordinances. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 01-371. Vice Chair Hammer moved that this Board find, as a matter of fact and as a conclusion of law, that Glenn Rorro and Lyn Carreras are in violation of Section 13-16 of the Boynton Beach Code of Ordinances. Vice Chair Hammer moved to order that the Respondents correct the violations on or before April 16, 2001. 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. Mr. Lambert seconded the motion that carried 7-0. B. LIEN PENALTY CERTIFICATIONS Case #99-1164 Klm & Cyd Fender 12 Dogwood Circle Lake Worth, FI 33462 2900 High Ridge Road Inspector Cain stated that the City recommended that this case be tabled until the next meeting. Motion Mr. Lambert moved to table Case No. 99-1164 until the April 18, 2001 meeting of the Code Compliance Board. Vice Chair Hammer seconded the motion that passed unanimously. Chairman DeLiso stated that they were at 338 days of non-compliance and asked what the problem was? Inspector Cain stated that it was due to the major construction going on at High Ridge Road. Case #00-1553 Doris & Everett Matthews 559 Scott Street Tellico Plains, Tn 37385 3008 E. Palm Drive 34 Meeting Minutes - Code Compliance Board Meeting Boynton Beach, Florida March 21,2001 Inspector Guillaume reported that this property had originally been cited on June 28, 2000 for violations of the Community Appearance Code and Occupational License. A Code Compliance Board hearing was held on October 18, 2000 and Respondents did appear. A compliance date and proposed fine was set by the Board of January 15, 2001 or $25.00 per day. The property came into compliance on March 19, 2001 for 62 days of non-compliance. The City recommended no fine. Chairman DeLiso asked why? Inspector Guillaume stated that the Matthews were old and lived out of state. Mrs. Matthews paid someone to fix up the property but somehow it did not happen. She is very sick and is waiting for a liver transplant. Motion Based on the testimony and evidence presented in Case No. 00-1553, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondents, Edoris & Everett Matthews, were in violation of Code Sections Chapter 15, Article IX-15-120(D) 1 Inclusive and Section 13-16 of the Boynton Beach Code of Ordinances subsequent to the date of compliance specified in this Board's Order of October 18, 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 in this case. Ms. Williams seconded the motion that carried 7-0. Case #00-1810 Yen etrice Jackson 1634 N.E. 2nd Court Inspector Melillo stated that the notice of violation was given on July 25, 2000 for violations of the Community Appearance Code and Section 13-16 but that this latter section was no longer pertinent to the case as Ms. Jackson does reside at the address given above. A Code Compliance Board hearing was held on October 18, 2000 and Respondent did not appear. The compliance date and proposed fine was November 13, 2000 or $25.00 per day. The property has not yet complied for 128 days of non- compliance to date. Motion Based on the testimony and evidence presented in Case No. 00-1810, and having considered the gravity of the violation, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Lambert moved that this Board find that Venetrice Jackson has violated this Board's prior Order of October 18, 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 judgement is entered based upon this certification of fine. Vice Chair Hammer seconded the motion that carried 7-0. Case #00-2542 Sol & Bella Heifetz 224 Carter Court Northbrook, III. 60062 2923 S. Federal Hwy. 35 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida March 21, 2001 Inspector Roy stated that the City recommended tabling this case until the June, 2001 meeting. Motion Mr. Lambert moved to table Case No. 00-2542 until the June 20, 2001 meeting of the Code Compliance Board. Ms. Williams seconded the motion that passed 7-0. Case #00-2686 Brian McLellan 122 Arthur Court Inspector Cain stated that the property had received a notice of violation on October 9, 2000 for violations of the Community Appearance Code. A Code Compliance Board hearing was held on January 17, 2001 and Respondent did not appear. A compliance date and proposed fine was February 19, 2001 or $25.00 per day. The property has not yet complied for 30 days of non-compliance to date. Motion Based on the testimony and evidence presented in Case No. 00-2686, and having considered the gravity of the violation, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Lambert moved that this Board find that Brian McLellan has violated this Board's prior Order of January 17, 2001, 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 judgement is entered based upon this certification of fine. Vice Chair Hammer seconded the motion. Mr. Foot asked about the sod issue? Inspector Cain stated that it had been cited before the drought began in October. The area in question is not that big and Inspector Cain could not contact the owner. The motion passed 7-0. Case #00-3437 Brighton at Cedar Ridge, L.C. 7200 N.W. 7th Street, Ste. 300 Miami, FI. 33126 7000 High Ridge Rd. Inspector Cain reported that the notice of violation date had been December 14, 2000 for violation of the Standard Building Code, 1997 edition, 104.1.1. A Code Compliance Hearing was held on January 17, 2001 and Respondent did not appear. A compliance date and proposed fine were set by the Board of January 19, 2001 or $25.00 per day. The date complied was February 28, 2001 for 29 days of non-compliance. The City recommended no fine. Motion Based on the testimony and evidence presented in Case No. 00-3437, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondents, Brighton at Cedar Ridge, L.C., were in violation of Standard Building Code 1997 Edition 104.1.1 of the 36 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Flodda March 21,2001 Boynton Beach Code of Ordinances subsequent to the date of compliance specified in this Board's Order of October 18, 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 in this case. Mr. Foot seconded the motion that carried 7-0. Case #00-2338 Angel Mercado 3234 Ocean Parkway Inspector Guillaume reported that this property had received a notice of violation on September 14, 2000 for violations of the Community Appearance Code. A Code Compliance Board Hearing was held on January 17, 2001 and Respondent did not appear. A compliance date and proposed fine was set by Board of February 19, 2001 or $25.00 per day. The property has not yet complied for 30 days to date of non- compliance. Motion Based on the testimony and evidence presented in Case No. 00-2338, and having considered the gravity of the violation, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Lambert moved that this Board find that Angel Mercado has violated this Board's prior Order of January 17, 2001, 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. Foot seconded the motion that passed 7-0. Case #00-3308 Edner Francois & Marie Pierre 433 N.E. 20th Avenue Inspector Melillo reported that this property was originally cited on November 28, 2000 for violation of the Community Appearance Code. A Code Compliance Board headng was held on January 17, 2001 and Respondents did not appear. A compliance date and proposed fine were set by the Board of February 19, 2001 or $25.00 per day. The property has not complied to date for 30 days of non-compliance Motion Based on the testimony and evidence presented in Case No. 00-3308, and having considered the gravity of the violation, the actions taken by the Respondent, and any and all previous violations committed by the Respondents, Mr. Lambert moved that this Board find that Edner Francois & Marie Pierre have violated this Board's prior Order of January 17, 2001, 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. Mr. Foot seconded the motion that passed 7-0. Case #00-2806 Patrick Donahue & Larry Turner 124 S.E. 29th Avenue Inspector Roy reported that this property was originally cited on October 19, 2000 for violations of the Community Appearance Code. A Code Compliance Board hearing was held on January 17, 2001 and Respondents did not appear. A compliance date and 37 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida March 21,2001 proposed fine were set by the Board of February 19, 2001 or $25.00 per day. The property has not complied as yet for 30 days of non-compliance. Motion Based on the testimony and evidence presented in Case No. 00-2806, and having considered the gravity of the violation, the actions taken by the Respondents, and any and all previous violations committed by the Respondents, Mr. Lambert moved that this Board find that Patrick Donahue & Larry Turner have violated this Board's prior Order of January 17, 2001, 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. Ms. Williams seconded the motion. Under discussion, Mr. Foot asked if the only violation was that the yard needed to be maintained in a weed-free condition? Inspector Roy stated that this was true but this property had been cited in October. The front lawn has bare spots but most of it is covered with weeds with very little grass. Assistant Attorney Igwe asked if it had to do with a lack of sod? Chairman DeLiso asked Inspector Roy if the City wanted to certify this fine and Inspector Roy stated yes. Assistant Attorney Igwe asked, "Are you sure you want to do that?" Chairman DeLiso stated that they were allowed to water two days a week and that new landscaping could be watered four times a week The motion passed 7-0. Case #00-3216 Jean Messeroux 2950 S.E. 2nd Street Inspector Roy asked the Board to certify no fine in this case since the Code Department discovered they did not have proper service. They wanted to close this case and had already started another one. Motion Based on the testimony and evidence presented in Case No. 00-3216, and having considered the gravity of the violation, the actions taken by the Respondent and any and all previous violations committed by the Respondent, Vice Chair Hammer moved that this Board find, as a matter of fact, that the Respondent, Jean Messeroux, has violated this Board's prior Order of January 17, 2001, and this Board impose and certify no fine in this case. Ms. Williams seconded the motion that carried 7-0. Case #00-2181 Sadrac Baptiste & Sasser Severain 338 S.W. 9th Avenue Inspector Lewis reported that the notice of violation date was August 31, 2000 for violation of the Community Appearance Code. A Code Compliance Board hearing was held December 20, 2000 and Respondent did not appear. Compliance date and proposed fine was set by Board of January 15, 2001 or $25.00 per day. The property complied March 13, 2001 for a total of 56 days of non-compliance. Inspector Lewis stated that the City recommended no fine. 38 Meeting Minutes - Code Compliance Board Meeting Boynton Beach, Florida March 21,2001 Motion Based on the testimony and evidence presented in Case No. 00-2181, and having considered the gravity of the violation, the actions taken by the Respondents and any and all previous violations committed by the Respondents, Vice Chair Hammer moved that this Board find, as a matter of fact, that the Respondents, Sadrac Baptiste & Sasser Severain, have violated this Board's prior Order of January 17, 2001, and this Board impose and certify no fine in this case. Ms. Williams seconded the motion that carried 7-0. Case #00-2359 Robert & Veronica Warke 340 S.W. 10th Avenue Inspector Lewis stated that the notice of violation date on this property had been September 15, 2000 for violations of the Community Appearance Code. A Code Compliance Board hearing was held on December 20, 2000 and Respondent did not appear. A compliance date and proposed fine were set by the Board of February 19, 2001 or $25.00 per day. The property came into compliance March 19, 2001 for a total of 27 days of non-compliance. The City recommended administrative costs. Motion Based on the testimony and evidence presented in Case No. 00-2359, and having considered the gravity of the violation, the actions taken by the Respondents and any and all previous violations committed by the Respondents, Mr. Foot moved that this Board find, as a matter of fact, that the Respondents, Robert & Veronica Warke, have violated this Board's prior Order of December 20, 2000, and this Board impose and certify a fine of administrative costs in the amount of $730.15. Mr. Miriana seconded the motion. Chairman DeLiso asked the Recording Secretary to call the roll. The motion passed 4-3, Chairman DeLiso, Vice Chair Hammer, and Ms. Williams dissenting. Case #00-2554 John Burns P.O. Box 1297 Delray Beach, FI 33447 131 S.W. 1st Avenue Inspector Lewis reported that the notice of violation date was October 3, 2000 for an occupational license violation. The Code Compliance Board hearing was held on December 20, 2000 and Respondent did not appear. The compliance date and proposed fine were set by the Board of February 19, 2001 or $25.00 per day. The property has not yet complied for 30 days of non-compliance to date. The City recommended tabling the case for sixty days. Motion Mr. Foot moved to table Case No. 00-2554 until the Code Compliance Board meeting of May 16, 2001. Ms. Williams seconded the motion that carried 7-0. 39 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida March 21,2001 Case #00-2555 John Burns P.O. Box 1297 Delray Beach, FI 33447 127 S.W. Ist Avenue Inspector Lewis reported that the notice of violation for this property was given on October 3, 2000 for violation of the Boynton Beach Code of Ordinances regarding occupational licenses. A Code Compliance Board hearing was held on December 20, 2000 and Respondent did not appear. The compliance date and proposed fine was February 19, 2001 or $25.00 per day. The property came into compliance on March 20, 2001 for 28 days of non-compliance. The City recommended no fine. Motion Based on the testimony and evidence presented in Case No. 00-2555, Ms. Williams moved that this Board find, as a matter of fact, that the Respondent, John Burns, was in violation of Section 13-16 of the Boynton Beach Code of Ordinances subsequent to the date of compliance specified in this Board's Order of December 20, 2000. 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 in this case. Case #00-2447 Bhaff Ashish P.O. Box 10133 West Palm Beach, FI 33407 417 N.E. 2nd Street Inspector Pierre reported that the notice of violation date for this property was September 26, 2000 for violation of the Community Appearance Code. A Code Compliance Board hearing date was held on January 17, 2001 and Respondent did not appear. The compliance date and proposed fine was February 19, 2001 or $25.00 per day. The property complied March 14, 2001 for 23 days of non-compliance. The City recommended no fine. Motion Based on the testimony and evidence presented in Case No. 00-2555, Mr. Foot moved that this Board find, as a matter of fact, that the Respondent, Bhatt Ashish, was in violation of Chapter 15, Article IX-15-120(D)l Inclusive of the Boynton Beach Code of Ordinances subsequent to the date of compliance specified in this Board's Order of January 17, 2001. Mr. Foot move(;' that this Board find that the Respondent failed to comply with this Board's Order, and that this Board impose and certify no fine in this case. Vice Chair Hammer seconded the motion that passed 7-0. VII. ADJOURNMENT The meeting was duly adjourned at 9:50 p.m. 40 Meeting Minutes Code Compliance Board Meeting Boynton Beach, Florida March 21,2001 Respectfully submitted, Recording Secretary Susan Collins Recording Secretary (two tapes) 41