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Minutes 01-17-01MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN CONFERENCE ROOM C, WEST WING CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, JANUARY 17, 2001 at 7:00 P.M. PRESENT Chris DeLiso, Chairperson Robert Foot Dick Lambert James Miriana Enrico Rossi Thomas Walsh, Alternate Dee Zibelli, Alternate ABSENT Sara Williams Patti Hammer, Vice Chair Nicholas Igwe, Assistant City Attorney Scott Blasie, Code Compliance Administrator Inspectors: Courtney Cain Luney Guillaume Skip Lewis Richard Laverdure Mike Melillo Vestigueme Pierre Pete Roy Sunny Surajbally Willie Webb I. CALLTO ORDER Chairman DeLiso presided and called the meeting to order at 7:00 p.m. II. APPROVALOFAGENDA Chairman DeLiso asked Mr. Blasie if there were any additions or deletions to the Agenda? Mr. Blasie stated there were additions and deletions to tonight's agenda as follows: The following cases should be removed or deleted from the agenda: B. C. D. E. F. G. H. Page 7 (Case No. 00-3343), Brighton at Cedar Ridge (complied) Page 15 (Case No. 00-3037), Mary Frederick (complied) Page 25 (Case No. 00-3275), Sam and Hazel Peterson (complied) Page 26 (Case No. 00-3276), Lillie & A. Herring, Jr. (complied) Page 29 (Case No. 00-1650), Dale Beapot (removed) Page 32 (Case No. 00-2853), Mary Denson (complied) Page 35 (Case No. 00-3421), Yves Hubert Tr. (removed) Page 36 (Case No. 00-3456), Daniel Dodge (complied) Meeting Minutes .... Code Compliance Board Boynton Beach, FL January 17, 2001 Mr. Blasie requested to add a No. 6 under Paragraph E. entitled report on lien reduction process, which was approved by the City Commission at its Tuesday, January 16th meeting. Included in the agenda packet is a copy of the Ordinance. Mr. Blasie stated that he has prepared a draft order for lien reductions, which he will submit to the Assistant City Attorney to review. III. APPROVAL OF MINUTES Motion Mr. Miriana moved to approve the minutes of the December 20, 2000 meeting. Motion seconded by Mr. Foot and unanimously carried. Motion Mr. Lambert moved that the Agenda, as amended, be approved. seconded by Mr. Foot, which carried unanimously. Motion 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. III. SWEARING IN OF WITNESSES AND INTRODUCTION Chairman DeLiso requested that the Recording Secretary administer the oath to all persons who would be testifying this evening. IV. NEW BUSINESS Chairman DeLiso explained that this Board follows a plea system. When taking the podium, please give your name and address. If a person feels that a violation exists on their property, but needs more time to bring the property into compliance, you could plead "no contest" and request a reasonable amount of time in which to bring the property into compliance. The Board usually grants the requested time. Once the property complies, you do not have to reappear before this Board. However, if you feel that a violation does not exist on your property, you can plead "not guilty". In that case, the City will put on their case and the respondent will put on their case. The Board will then make a determination if a violation does exist on the property. If a violation does occur at the property, you will be given a reasonable amount of time to fix the violation. If the property is fixed within the time allowed, you do not have to appear before this Board. However, if the property does not comply, you would have to reappear before the Board for a fine certification hearing. 2 Meeting Minutes ~' Code Compliance Board Boynton Beach, FL January 17, 2001 A. CASES TO BE HEARD Case #00-2858 Property Address: Violations: Bruce and Cheryl Black 321 SW 1st Avenue 105.12 Impact of Construction; Boynton Beach Amended Ordinance 99-16; Permit #00-2053; See copy of red tag dated October 3, 2000 Inspector Lewis stated the case was originally cited on October 25, 2000 for violation of the Standard Building Code '97 Edition. Ms. Cheryl Black and Mr. Bruce Black took the podium and asked for clarification on the pleas that could be entered, which Chairmari DeLiso explained. Mr. Black said that they have some pending litigation concerning the violation that will be heard in civil court. On his attorney's advice, they were advised not to make the correction because it could hurt their case. Chairman DeLiso asked about the time when the civil case would be heard and the respondents were not sure. Mr. Black acknowledged that a violation exists, but they did not cause it and feel that their neighbors deliberately and intentionally cause the violation to exist. Mr. Black stated they are prepared to present their case and have the necessary documents and pictures to present. However, on the advice of the police, it is felt that the only way to stop the violations is to institute a civil suit. Chairman DeLiso asked Attorney Igwe if the case should be tabled until the civil case is heard. Attorney Igwe stated this might take a couple of years. Mr. Black said he could fix the violation tomorrow, but the next day it would be back. He has already fixed the violation several times at a cost of a great deal of money. Mr. Black further stated that every time he has fixed the violation, during the night, it gets destroyed and the City is called to his house the next day. Mr. Lambert asked for clarification on the violation and was informed it was for a fence. Mr. Black stated he installed a 6' PVC and there is no retaining wall to keep the soil on his side of the fence from washing over to the neighbor's side of the fence. Mr. Black stated that have fixed this on many occasions, but it gets destroyed and when the City comes to inspect the property, the violation is obvious. Mr. Lambert inquired if the violation posed any safety or health issues and Inspector Lewis stated he was not aware of any. Also, Inspector Lewis noted that the Building Department issued the red tag in the case. Mr. Glen Steg, Building Inspector took the podium and stated he issued the notice of violation. Mr. Foot asked for clarification on the violation and Mr. Steg replied that the violation has created an impact of construction. 3 Meeting Minutes Code Compliance Board Boynton Beach, FL January 17, 2001 Mr. Black explained that the fence has to be so many feet above the ground in accordance with code and when it rains some of the dirt on his side of the fence washes over onto the adjoining property. This is not permissible under the City's code and he has to have some type of restraint in place to prevent the soil from washing onto his neighbor's property. Mr. Steg cited Chapter 105.12 of the Code to which the violation referred which prohibits water, run-off or debris onto a neighbor's property as a result of construction, i.e. putting up a fence. Mr. Steg stated that a retaining system was installed below the fence to stop the run-off, pictures of which he presented to the Board. Mr. Lambert asked the respondents what relief they were seeking from the court action and Mrs. Black stated that the neighbors have harassed her and her family since last March. The respondents have a restraining order against the neighbor and Mrs. Black stated she liveS in a constant state of fear. She stated that they have constantly fixed the fence and the neighbor continually destroys the fence in the middle of the night and the police department cannot do anything because they have not seen the neighbor causing the damage. Mr. Black further stated that there was no reason to put in a restraining wall until the neighbor dug the dirt away. The respondent also stated that he tried several kinds of restraining walls and those too were dug away. Mr. Black did not feel that they could come to any type of solution until the case gets to court. Mr. Foot inquired what the City would require to bring the property into compliance? Mr. Steg said that there needs to be an adequate system in place to retain the debris and not allow the run off of water. Mr. Steg suggested putting some footings in with concrete blocks. Mrs. Black said they did this and the neighbor dug them out. Mr. Steg pointed out that there is a difference in grades between the two properties and the neighbor continues to increase the difference in grades by removing dirt. Mr. Foot inquired if the elevations were put back to their original elevations, would the fence be adequate? Mr. Steg felt that there would still be run-off going over the retaining system. Mr. Black stated that the ground was level when his original retaining wall system was installed and he has pictures and a letter from the fence company stating that the ground was level on both sides of the fence when construction was completed. Further, Mr. Black stated he had to put in a retaining system as the result of the neighbor digging the dirt away. Mr. Black presented the photos to the Board to review. Attorney Igwe requested that the photos be made part of the record. 4 Meeting Minutes Code Compliance Board Boynton Beach, FL January 17, 2001 Mr. Rossi inquired if the neighbor who was digging the dirt away from the fence line was required to obtain a permit and Mr. Don Johnson said a permit was not required for that. Mr. Johnson said that he has been to the property on one occasion and stated that when the fence was put up the respondent kept the land level. As a result, if the taper of the land falls off, a gap occurs underneath and in between. Mr. Johnson asked the respondents if they brought in fill to level from the pool deck over to the fence? Mr. Black stated that there was never a fence around the pool since 1929. The pool was surrounded by Florida Holly. After cutting out the holly and grinding out the stumps, the dirt that was around the stumps was moved. Mr. Black stated they put back about 2" of the dirt that was dug out and back filled the area with mulch in order to put plants in. Mr. Johnson stated this was the scenario that took place and that the area had been filled back in. Mr. Johnson said that they could only report on what they see when they get to the property. Obviously by the time the City comes out to inspect the property, there already is erosion on the neighbor's side of the fence. Mr. Johnson presented photographs that had been taken yesterday showing that the mulch had been added. Chairman DeLiso asked Mr. Steg if he felt the erosion was caused due to rain or by the neighbor washing away the soil. Mrr Steg felt it was a combination of both. Motion Mr. Lambert moved that Case No. 00-2858 be tabled until the Code Compliance Meeting to be held on April 18, 2001. Motion seconded by Mr. Midana. Mr. Lambert requested that when Mr. E~lack appears at the April meeting that he present an update of his case. Motion carried 7-0. Case #00-3222 Pro perty Add ress: Violations: David Dennis 1314 S. Seacrest Blvd. SBC '97 ED 104.1.1; Section 13-16; Rental license is required to rent efficiency that has been converted back to separate unit without permits. If license and permits cannot be obtained, house must be maintained as single family residence or rental. 5 Meeting Minutes ~- Code Compliance Board Boynton Beach, FL January17,2001 lnspe~or Lewis stated the case was fimt cited on November 14, 2000 and that the respondentis present. Mr. David Dennis, 1314 S. Seacrest Boulevard took the podium and pled no contest. The respondent asked for 30 days Motion Based on the testimony and evidence presented in Case No. 00-3222, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that David Dennis is in violation of Code Sections SBC '97 ED 104.1.1 and Section 13-16 B.B.C. of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before February 19, 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. Motion seconded by Mr. Foot and carried 7-0. Case #00-2169 Property Address: Violations: Juan Portalatin 10 NE 22"d Avenue Chapter 15, Article IX-15-120 (E) 2A, and 120 (D) 1, Inc.; Please install sod in dead areas of yard to achieve a uniform green appearance; also, repair and paint fascia. Inspector Guillaume stated the case was cited on August 30, 2000 through routine neighborhood inspection. Service was accomplished by certified mail and the respondent is present. Mr. Juan Portalatin, 10 NE Gateway Boulevard pled no contest. Mr. Portalatin said that he has filed bankruptcy and his wages are being garnished. He just started a new job. Inspector Guillaume said it was a big yard and it required sod. Chairman DeLiso requested that the respondent make application with Community Redevelopment. Chairman DeLiso explained how he might be able to get sod through the City's program. Mr. Portalatin said he would not be able to come to City Hall to apply for assistance because of his new job and that he is on a 90-day probation period. Chairman DeLiso suggested that he come in on his lunch hour and pick up a packet. He would then request that the Board table the case to allow enough time for the application to be reviewed. Inspector Cain stated that he would be able to drop an application off at the respondent's house. 6 Meeting Minutes ~ Code Compliance Board Boynton Beach, FL January17,2001 Mr. Lambert did not feel that the case should be tabled. It was pointed out that the City is currently under a water restriction. Mr. Foot suggested that the respondent be given 90 days for compliance. Mr. Portalatin stated that when Gateway Boulevard was redone, his driveway was torn up by the contractors and none of them will take responsibility. Chairman DeLiso stated that all the residents on Gateway received a new driveway. Chairman DeLiso inquired if the respondent spoke to anyone in the City regarding this, and he stated he spoke to many people in the City and he has had no response to date. Mr: Foot noted that this was not part of the violation. Motion Based on the testimony and evidence presented in Case No. 00-2169, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Juan Portalatin is in violation of Code Sections Chapter 15, Article 1×-15-120 (E) 2A and 120 (D) 1, Inc. of the City Code of Ordinances. Mr. Foot 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. Motion seconded by Mr. Lambert and carried 7-0. Chairman DeLiso requested that Inspector Guillaume determine the status of the respondent's driveway and try to assist him in getting it repaired. Case #00-2129 Property Address: Violations: Boynton West Condo Association, Inc. 3020 SW 14th Place PT3-LDR, Chapter 4, Section 11, PT3- LDR, Chapter 7.5-11, Section 5.B; Clean dumpster area;- re-stripe parking lot; replace all missing or dead landscape; replace missing sod and maintain weed free; this includes swale area; maintain parking spaces free from storage of any kind. Inspector Roy stated the property was originally cited on August 22, 2000 through routine inspection. Mr. Mark Baker pled no contest and requested 90 days for compliance. The City agreed to 90 days. Meeting Minutes ~ Code Compliance Board Boynton Beach, FL January 17, 2001 Motion Based on the testimony and evidence presented in Case No. 00-2129, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Boynton West Condo Association, Inc. is in violation of Code Sections PT3-LDR, Chapter 4, Section 11 and PT-3-LDR, Chapter 7.5-11, Section 5.B. of the City 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. Motion seconded by Mr. Miriana. Mr. Rossi pointed out that there are water restrictions and Inspector Roy stated they are moving forward with the cases that were cited by date. This case was originally cited in August and the respondent has not replied until this time. It is anticipated that from this point on, until the weather conditions change, the City will not cite anyone for sod. However, this case is an old case and is a commercial property without any hardship. Motion carried 7-0. Case #00-0593 Pro perty Address: Violations: Clara Andrews 410 NW 15th Avenue Chapter 15, Article IX-15-120 (B).I and 120 (D), Inc.; Please remove all loose trash and debris from yard and swale including your lawnmowers; repair driveway; install grass where bare spots occur. Inspector Melillo stated the case was originally cited on March 22, 2000 through routine neighborhood inspection. Service was accomplished by certified mail and Inspector Melillo presented photographs to the Board. Inspector Melillo stated that this case had been referred to Community Redevelopment. He received a notice from them that they could not offer assistance because there was no way they could prove what the income was of the persons living on the property. Chairman DeLiso requested that the Recording Secretary administer the oath to the respondent. Ms. Clara Andrews, 410 NW 15th Avenue, Boynton Beach pled no contest and requested 60 days. Inspector Melillo recommended 90 days. 8 Meeting Minutes '~ Code Compliance Board Boynton Beach, FL January 17, 2001 Motion Based on the testimony and evidence presented in Case No. 00-0593, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Clara Andrews is in violation of Code Sections Chapter 15, Article IX-15- 120 (B).I and 120 (D), Inc. of the City Code of Ordinances. Mr. Lambert moved to order that the 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. Motion seconded by Mr. Foot. Motion carried 7-0. Chairman DeLiso requested that Inspector Melillo assist the respondent in reapplying to Community Redevelopment for assistance. Case #00-1038 Property Address: Violations: John L. Patterson 1680 N. Seacrest Blvd. Chapter 15, Article IX-15-120 (D) I.D; Please install grass where bare spots occur. Inspector Melillo stated the property was cited on April 28, 2000 through routine inspection of the neighborhood. Service was made by certified mail and the respondent is present. Mr. John L. Patterson, 1680 N. Seacrest Boulevard pled no contest and asked for 90 days. Chairman DeLiso requested that the Recording Secretary administer the oath to the respondent. The City agreed to 90 days. Motion Based on the testimony and evidence presented in Case No. 00-1038, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Clara Andrews is in violation of Code Sections Chapter 15, Article IX-15- 120 (D) I.D of the City 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 9 Meeting Minutes Code Compliance Board Boynton Beach, FL January 17, 2001 contact the City of Boynton Beach Code Compliance division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. Motion carried 7-0. Case #00-2877 Property Address: Violations: W.J. and Helen L. Millines 219 NW 10th Avenue. Chapter 15, Article IX-15-120 (D) .lA; Please remove all debris in carport; sod all bare areas; also, remove all u n registered vehicles. Inspector Pierre stated the property was originally cited on October 26, 2000. Mr. Millines took the podium and pled no contest. Mr. Millines stated the reason a lot of debris was under his carport was due to the Police Department actions on his property. Mr. Millines stated that he removed most of the debris under the carport. Chairman DeLiso asked how much time the respondent needed for compliance? Inspector Pierre reported that the unregistered vehicles have been removed. The respondent stated that he did not want to put the sod down until the water ban was lifted. The respondent was informed that new sod could be watered five days per week. Mr. Millines stated that he cannot grow grass in that particular area of his property because it gets no sun whatsoever and would like to place a rock garden in place of sod. He stated he was told that he had to place sod in the area. Pictures of the property were presented to the Board to review. Mr. Lambert asked the respondent if he could get his property into compliance within three months and he said he would try. Ms. Zibelli felt that the debris under the carport should be removed before three months. Chairman DeLiso inquired if a rock garden could be placed on the property and was informed it could not. Inspector Pierre said that he has spoken to the respondent several times and the respondent said he did not want to place grass on the property. He told Inspector Pierre that he would fix his yard the way he wants to. Chairman DeLiso noted from the photos that there was a large tree, which created the shade, and Inspector Pierre stated that the tree needs to be trimmed. Mr. Blasie stated that trimming the tree would be the best solution and that the tree was also a hurricane hazard. Motion Based on the testimony and evidence presented in Case No. 00-2877, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of 10 Meeting Minutes ~ ~ Code Compliance Board Boynton Beach, FL January 17, 2001 law that W.J. and Helen L. Millines aro in violation of Code Sections Chapter 15, Article IX-15-120 (D) .lA of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations for removal of debris in the carport on or before February 19, 2001 and that the Respondent correct the violation for the sod 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. Motion seconded by Mr. Walsh. Motion carried 7-0. Case #00-3304 Property Address: Violations: Jerome Girtman 409 NE 10th Avenue Chapter 15, Article IX-15-120 (D) I.D; Please de-weed yard and install sod to comply with City Ordinance. Chairman DeLiso requested that the Recording Secretary administer the oath to the respondent. Inspector Pierre stated the property was originally cited on November 28, 2000. Ms. Levon Girtman took the podium and stated that Jerome Girtman, her father, is deceased. Ms. Girtman pled no contest and stated that she had previously placed approximately $400 worth of sod down and it only lasted six months. After that she tried seeding the property and the seed only grew in patches. Ms. Girtman later determined that her yard was all sand and that she has to place muck in her entire yard before she can place new sod down. Ms. Girtman stated that this was going to cost her a groat deal of money and she needed at least 90 days for compliance. Motion Based on the testimony and evidence presented in Case No. 00-3304, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Jerome Girtman is in violation of Code Sections Chapter 15, Article IX- 15-120 (D) 1.D of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before April 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. Motion seconded by Mr. Miriana. 11 Meeting Minutes ' Code Compliance Board Boynton Beach, FL January17,2001 Motion carried 7-0. Ms. Girtman said that she was unaware of the City's Redevelopment Program and said she would like to make application for assistance. Ms. Girtman stated that she has a post office box and did not receive the original letter dated December 13, 2000. However, she received a notice of a letter on December 28, 2000 and when she went to the Post Office, the letter had already been returned to the City. Shortly, thereafter she found a letter taped to her door and felt this was very inappropriate. Mr. Blasie suggested that the respondent contact him regarding service of violations since delivery of notices is not within the Board's domain. Case #00-3296 Property Address: Violations: Jack P. & Judith A. Whisman 968 Old Boynton Road Chapter 15, Article IX-15-120 (D) 1, Inc., Section 13-16 B.B.C. of Ord.; Please install sod in yard; also, repair or replace driveway; an occupational license is required for rental property. Inspector Pierre stated the case was originally cited on November 22, 2000. Mr. and Mrs. Whisman, of 665 NE 15th Place, Boynton Beach said they own the property and the house is occupied by their immediate family and is not being rented. Mr. Whisman stated that they have grass in their yard and pled not guilty. Chairman DeLiso requested to look at the photos after the defendant identifies the property. The respondent stated that he sees grass and mulch on the property and stated this was his property. Mr. Lambert asked why the respondent needed an occupational license and Inspector Pierre stated that the respondents do not live in the house and someone else occupies it. Mr. Whisman stated the grass was brown due to the draught and will come back when it is watered. Ms. Whisman recited the portion of the City's Code which he felt applied to his grass and Chairman DeLiso stated that it appeared from the photos that there was much more dirt on the property than grass. Mr. Whisman said the photograph was not a good photograph of the property. Chairman DeLiso inquired when the photo was taken and Inspector Pierre stated it was taken today and he has other pictures, which he presented that were taken on December 27, 2000. Chairman DeLiso inquired if the City would not be citing properties during the draught and Mr. Blasie said this property was cited before the draught. The respondent stated that they never had installed grass in the yard and the grass that was present has been there for 25 years. Ms. Whisman said that she would 12 Meeting Minutes ~ Code Compliance Board Boynton Beach, FL January 17, 2001 like to xeriscape the property and Chairman DeLiso said that xeriscaping was permitted. Attorney Igwe asked staff if they intended to pursue the occupational license? Inspector Pierre said he requested something in writing that the house was not being rented and Chairman DeLiso requested that a letter to this effect be sent to the Code Compliance Department. Mr. Foot inquired about the utility bills and the respondent stated that they are reimbursed for the utility bills on the property. Mr. Foot asked Attorney Igwe if utility bills would constitute if the property were being rented? Attorney Igwe stated that he has never looked into this. Mr. Whisman requested 90 days for compliance. Inspector Pierre also pointed out that the driveway needs to be replaced or repaired? Mr. Whisman said he would repair the driveway. Mr. Lambert said he would include the occupational license in his motion until the respondents furnish staff the requested letter. Motion Based on the testimony and evidence presented in Case No. 00-3296, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Jack P. and Judith A. Whisman are in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc. and 13-16 B.B.C. 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. Motion seconded by Mr. Foot Motion carried 7-0. Case #00-2790 Property Address: Violations: Boynton Industrial Park Association 1000 W. Industrial Avenue PT3-LDR, Chapter 2, Sec. 8A.5.B (13), PT3-LDR, Chapter 8-111, Sec. A.3, SBC '97 ED 104.1.1 and 10-3 B.B.C. of Ord.; All exterior storage is prohibited unless adequately screened and connected with a lawful principle use; fill permit #96-5889 has been voided; property owner and contractor must obtain new permit and submit all 13 Meeting Minutes ~ ~- Code Compliance Board Boynton Beach, FL January17,2001 applicable information as required by City ordinance; permits required for all construction trailers, outbuildings and the like; all loose debris must be removed. Inspector Webb stated the case was originally cited on October 18, 2000 through a citizen's complaint. Service was obtained by certified mail. Attorney Jean Conway said she was present to represent the property owners. They do not contest the violations and request 90 days for compliance. Inspector Webb suggested 120 days due to the permitting requirements. Motion Based on the testimony and evidence presented in Case No. 00-2790, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Boynton Industrial Park Association is in violation of Code Sections PT3- LDR, Chapter 2, Sec. 8A.5.B (13), PT3-LDR, Chapter 8-111, Sec. A.3, SBC '97 ED 104.1.1 and 10-3 B.B.C. 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 $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot Motion carried 7-0. CERTIFICATION OF FINE (Previously tabled) Case #99-704 Charles & Fred Rahming 224 N E 10th Ave. Inspector Webb stated the property was cited on April 8, 1999. The respondent appeared at the February 16, 2000 Code Compliance Board Hearing. A compliance date of August 14, 2000 was set or be fined $25.00 per day. The property has not yet complied and the respondent is present. Mr. George Rahming, 224 NE 10th Avenue, Boynton Beach said his lawyer could not be present tonight and presented a letter from Attorney Tomberg addressed to Mr. Blasie, which Chairman DeLiso read into the record, a copy of which is attached to the minutes. The letter stated that Mr. Rahming was successful in bidding on the property and the legal work has been completed. As soon as all the reCording of the documents is completed, Mr. Rahming will be in a position to apply for a loan on the property to correct the violations. 14 Meeting Minutes '- - Code Compliance Board Boynton Beach, FL January17,2001 Mr. Foot suggested tabling the case. Motion Mr. Foot moved that Case No. 99-704 be tabled until the Code Compliance Board Meeting to be held on April 18, 2001. Motion seconded by Mr. Walsh and carried 7-0. Case #00-1515 Robyn Lorenz 805 SW 1st Court Inspector Lewis stated the property was cited on June 20, 2000 for violation of the Community Appearance Code. The respondent appeared at the September 20, 2000 Code Compliance Board Hearing. A compliance date of November 13, 2000 was set or be fined $25.00 per day. The property complied on January 16, 2001 for 63 days of non-compliance. Ms. Robyn Lorenz Ben-Ari said it took her a long time to get the property into compliance because of the hot weather and her inability to get competent help. Therefore, she had to do all the work herself and has been quite sick. Chairman DeLiso confirmed that this was the respondent who had paid to have work done and her check was cashed and the person never returned to do the work. Ms. Lorenz said that she worked very hard to get the property into shape. Mr. Lambert asked the City for their recommendation and Inspector Lewis stated they had no recommendation. Inspector Lewis said the property looks good. Motion Based on the testimony and evidence presented in Case No. 00-1515, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondent, Robyn Lorenz was in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc., subsequent to the date of compliance specified in this Board's Order of September 20, 2000. Mr. Lambert moved that this Board find that the Respondent failed to comply with this Board's Order, and that this Board impose and certify no fine or administrative costs. Motion seconded by Mr. Miriana. Motion carried 7-0. LIEN PENALTY CERTIFICATIONS Case #00-1723 Bernard Macon, Jr. 50 NW 27th Court Inspector Guillaume stated the notice of violation was dated July 19, 2000 for violation of the Community Appearance Code. No one appeared at the Code Compliance Board Hearing of October 18, 2000. A compliance date of 15 Meeting Minutes " Code Compliance Board Boynton Beach, FL January 17, 2001 December 18, 2000 was set or be fined $25.00 per day. The property has not yet complied. Mr. Macon stated that his property was cited because when the next door neighbor put up a fence it was put up like a zero property-line fence. Mr. Macon stated he dOes not own that side of the house, but he does maintain it for his neighbor. Mr. Macon stated that his property is in compliance. Mr. Lambert asked why the respondent did not appear at the first hearing so that this information could be brought out and he replied he was too busy. Mr. Lambert infOrmed the respondent that it is his responsibility to show the Board that he does not own this property. Mr. Rossi inquired if the respondent brought his plot plan with him and he said he did not. Mr. Macon said if he didn't maintain this property, no one would. Chairman DeLiso asked the respondent why he would not put sod in as requested and he said he wanted to extend his driveway. Mr. Foot asked how far the neighbor's house was from the respondent's carport? Mr. Macon replied it is approximately 8'. The respondent stated that his neighbor informed him that he was going to move the fence and therefore, he did not see any reason to fix that side of the property since it belongs to the neighbor. Inspector Guillaume requested that the case be tabled for 30 days so that he can speak to the next door neighbor. Motion Mr. Foot moved that Case No. 00-1723 be tabled until the Code Compliance Board Meeting to be held on April 19, 2001. Motion seconded by Mr. Miriana and carried 7-0. Mr. Foot requested to amend his motion be amended to February 19, 2001. Mr. Miriana seconded the amended motion. Motion carried 7-0. RECESS WAS DECLARED AT 9:00 P.M. THE MEETING RECONVENED AT 9:10 P.M. LIEN REDUCTIONS A copy of the new Ordinance was included in the agenda back up with regard to the new lien reduction procedures. Mr. Blasie said that he has reviewed the motions for the new wording and suggested that the vote read as written except that the wording "that this Board recommend to the City Commission" be deleted. Attorney Igwe suggested adding the words "this order is not final 16 Meeting Minutes Code Compliance Board Boynton Beach, FL January17,2001 until expiration of the time of appeal expires under Ordinance 01-07". Therefore the new motion for Reduction of Fine would read as follows: "Based on the testimony and evidence presented in Case No. , and having been advised that the Respondent(s), has/have complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, (Mr./Ms. ) moved that this Board find that the fine instituted in Case No., by virtue of this Board's Order of (date) ,19 be reduced to $ .This order is not final until the expiration of the time of appeal expires under Ordinance 01-07." Case #96-48 WilliO & Marie Dieujuste 580 Alto Road Mr. Blasie stated the property was originally cited on January 4, 1996 for violation of the LDR for the erection of a satellite dish without a permit. The case first came before the Board on February 21, 1996. A compliance date of March 19, 1996 was set or be fined $25.00 per day. The property complied on March 26, 1996 for six days of non-compliance for a total of $150 in fines, plus $634.12 in administrative costs. Mr. Blasie said the dish is not there and the remainder of the property has been in complete compliance throughout this entire process and is a well-maintained property. Mr. Blasie was not certain why the respondent didn't take the dish down within the prescribed time, but did point out that there is a language problem and noted there were no Creole speaking inspectors in 1996. Mr. Blasie pointed out that the respondent paid the $200 non-refundable fee and if the Board upholds the administrative costs he could lose money. However, the respondent requested that the hearing proceed. Motion Based on the testimony and evidence presented in Case No. 96-48 and having been advised that the Respondents have complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Lambert moved that this Board find that the fine instituted in Case No. 96-48, by virtue of this Board's Order of February 21, 1996 be reduced to no fine or administrative costs. This order is not final until the expiration of the time of appeal expires under Ordinance 01-07. Motion seconded by Mr. Walsh. Mr. Foot requested why the City was recommending no administrative costs and Mr. Blasie stated because of the type of violation, the deadline was only missed by 6 days and the property is so well maintained, he did not feel a fine was 17 Meeting Minutes Code Compliance Board Boynton Beach, FL January 17, 2001 warranted. Mr. Blasie pointed out that the City's costs in this case was $250 and the respondent paid $200 to appear before the Board tonight. Motion carried 6-1 (Mr. Foot dissenting). Mr. Blasie requested that Inspector Pierre explain to the respondent what has transpired and inform him of the appeal time. After the time of the appeal expires, a release of lien would be filed. Mr. Blasie pointed out that the next case has three lien reductions for the same property owner and for the same address and requested that the Board hear all three cases at the same time. Case #96-1235 Case #97-4356 Case #98-220 Olga G. Coleman 421 NE 28th Court Ronald & William Coleman Ronald & William Coleman Florida PJ Group, Inc. 6740 W. Commercial Boulevard Ft. Lauderdale, FL 33319 Mr. Blasie stated that the violation date for the first case was March 1, 1996 and the owner at the time was OIga G. Coleman. The violation was for an abandoned vehicle. No one appeared at the June 19, 1996 hearing. The property complied on September 5, 1996 for 50 days over the time for compliance. This amounts to $1,250 in fines, plus administrative costs of $826.18. Mr. Giovanni Molina, representing PJ Group Incorporated, took the podium and stated they purchased the property on October 13, 2000. Mrs. Olga Coleman is deceased and the property was transferred to her family from whom the property was purchased. PJ Group paid $7,136 in taxes; $17,000 was spent to get the property into compliance; and a sprinkler system was put in. The property has been brought into total compliance. Mr. Molina stated that they have paid over $50,000 total for this property. Mr. Molina pointed out that the house had been falling apart and they put in a new driveway, new windows, new roof and the inside has been totally redone. Chairman DeLiso inquired if there was a buyer for the property and Mr. Molina stated they plan to sell the property, but they do not have a buyer currently. Attorney Igwe inquired if the respondent was aware of the liens when they purchased the property and he stated they were aware of the liens. Also, he stated they were aware that the house had to be brought into compliance before the liens could be released. The respondent pointed out that the house was a crack house and they couldn't take ownership of the property until the occupants were removed. 18 Meeting Minutes Code Compliance Board Boynton Beach, FL January 17, 2001 Mr. Blasie presented photos of the property taken today to the Board. Mr. Blasie confirmed that the property was a crack house and the Police were called to the property a great deal. Mr. Molina stated that they hoped to sell the property to a nice family and would be assisting them with the financing. Mr. Lambert asked Attorney Igwe if the Board could discuss all three cases and he stated that would be allowed as long as the cases were read into the record. Mr. Molina said that the code violations on the property were a mailbox, sod and a car and stated he was aware that they could not come in for lien reductions until the property was totally in comPliance. Mr. Lambert asked about the violations and Mr. Blasie stated they were for grass, weeds, driveway, mailbox and the vehicle. Chairman DeLiso acknowledged the nice work that the PJ Group has done to get the property into compliance and cleaned up. However, Chairman DeLiso pointed out that they were aware of the liens and purchased the property with liens. Chairman DeLiso suggested that the Board come to a happy median as to what is appropriate. Mr. Blasie stated that the property had been semi-abandoned. Also that someone was living in the property and it was a crack house and it was a mess, inside and out. Chairman DeLiso asked how the respondent learned about the house and Mr. Molina said they drove by the house and when he sees properties in distress they try to find out who owns the property. The respondent said he did not know that there were liens when he originally purchased the property. Mr. Molina said he did not find out about the liens until a search was done, which was after he signed a contract for sale with the owner. Mr. Foot inquired if the respondent had to pay $200 for each case to appear tonight. Mr. Blasie stated the City collected $300; $200 for the first violation and an additional $50 for each of the other two violations. Mr. Foot pointed out that the total administrative costs are approximately $2,300, $900 of which was for filing fees and other out of pocket expenses. Chairman DeLiso pointed out that there is $56,000 in liens on the property and feels a fine of $3,000 for all the violations would be very fair. Chairman DeLiso requested to look at the papers that the respondent had which showed that they spent at least $50,000 on the property. Mr. Lambert pointed out that the respondent is doing the City a great service by buying up these types of property and fixing them up. The respondent further pointed out that the person that had been living on the premises had been living there with no water or electricity and the house is boarded up, all during this time selling drugs. Further, Mr. Molina pointed out 19 Meeting Minutes Code Compliance Board Boynton Beach, FL January 17, 2001 that anyone who purchases the property will require financial assistance and that his company will probably incur more expenses, such as paying for the closing costs and the real estate commission. Mr. Foot asked if the City had any recommendations. Mr. Blasie suggested that the Board could reduce the fine if the respondent could actually produce evidence that they put $50,000 into the property. Mr. Foot asked what the appraised value of the property was and Mr. Blasie said there is a 1997 assessment in the file, which shows the building was assessed at $32,457 and the land was assessed at $10,000. Mr. Blasie said if the respondent in fact spent $50,000 to rehabilitate the house, he would agree to assess only the administrative costs. Motion Based on the testimony and evidence present in Case Nos. 96-1235, 97-4356 and 98-2200, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this E~oard find that the fine instituted in Case Nos. 96-1235, 97-4356 and 98-2200, by virtue of this Board's Orders of June 19, 1996, February 18, 1998 and August 19, 1998 be reduced to $3,000 to include administrative costs. This order is not final until the expiration of the time of appeal expires under Ordinance 01-07. Motion seconded by Mr. Walsh and carried 7-0. CASES TO BE HEARD Case #00-2073 Property Address: Violations: Chackman Hotels, Inc. 706 W. Boynton Beach Blvd. Chapter 15, Article Ix-15-120 (D) 1, Inc.; PT3-LDR, Chapter 2, Section 4.J.1; Please cut hedges to 8' in height and remove all debris on the south property line; swale area needs to be cut also; trees on the property need to be pruned. Inspector Lewis stated the case was originally cited on August 17, 2000 for violation of the Community Appearance Code and Land Development Regulations. The City recommends 15 days. 20 Meeting Minutes ~- Code Compliance Board Boynton Beach, FL January '17, 2001 Motion Based on the testimony and evidence presented in Case No. 00-2073, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Chackman Hotels, Inc. is in violation of Code Sections Chapter 15, Article IX-15- 120 (D) 1, Inc. and PT3- LDR, Chapter 2, Section 4.J.1 of the City Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violations on or before February 1, 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. Motion seconded by Mr. Miriana and carried 7- 0. Case #00-2380 Property Address: Violations: Olga Garcia 118 NW 7th Street Chapter 15, Article IX-15-120 (D) 1, Inc. and 120 (E), Inc.; Please remove all unregistered inoperable vehicles from the property; all trash and debris and outdoor stored items need to be removed from the property; grass needs to be installed in dead areas of the yard, including parking area on the northeast portion of the property; overgrown grass needs to be mowed, shrubs need to be trimmed; roof needs to be replaced or repaired; replace door on the north side of the property; house needs paint where it has deteriorated. Inspector Lewis stated the case was originally cited on September 20, 2000 for violation of the Community Appearance Code. The only remaining violations are to install grass in dead areas, including parking area in the northeast portion of the property and the roof needs to be replaced. All other violations have complied. The respondent sent a letter to the City and requested 120 days to put in a driveway and a roof. The City agrees to 120 days. Motion Based on the testimony and evidence presented in Case No. 00-2380, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Olga Garcia is in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc. and 120 (E), Inc. of the City Code of Ordinances. Mr. Foot moved to order 21 Meeting Minutes Code Compliance Board Boynton Beach, FL January 17, 2001 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 $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Walsh and carried 7-0. (Ms. Zibelli left the meeting at 9:45 p.m.) Case #00-3098 Property Address: Violations: Jos~ Rodriguez 947 Isle Road SBC '97 Edition 104.1.1; Building permit is required for the interior and exterior remodeling work done on the house; Red Tag #00-3098. Inspector Lewis stated the property was cited on November 3, 2000. The respondent is in the process of getting permits and the City recommends 60 days. Motion Based on the testimony and evidence presented in Case No. 00-3098, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Jos~ Rodriguez is in violation of Code Sections SBC '97 ED 104.1.1 of the City Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violations on or before March 19, 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. Motion seconded by Mr. Walsh and carried 6- 0. Case #00-2686 Property Address: Violations: Brian J. McLellan 122 Arthur Court Chapter 15, Article IX-15-120 (D), Inc.; Please sod west side of driveway. Inspector Cain stated the property was originally cited on October 9, 2000. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-2686, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that 22 Meeting Minutes '-- Code Compliance Board Boynton Beach, FL January 17, 2001 Brian J. McLellan is in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc. of the City Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violations on or before February 19, 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. Motion seconded by Mr. Walsh and carried 6-0. Case #00-3437 Property Address: Violations: Brighton at Cedar Ridge, L.C. 7000 High Ridge Road SBC '97 ED 104.1.1; application #97-4573 needs for all common areas; see dated October 26, 2000. Permit permits Red Tag Inspector Cain stated the case was originally cited on December 14, 2000. The City recommends 10 days. Inspector Cain noted that the case was originally cited for a red tag by the Building Department on October 26, 2000. The property is now under new ownership and they had been notified regarding the violations back in October. Motion Based on the testimony and evidence presented in Case No. 00-3437, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Brighton at Cedar Ridge, L.C. is in violation of Code Sections SBC '97 ED 104.1.1 of the City Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violations on or before January 29, 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. Motion seconded by Mr. Miriana and carried 6-0. Case #00-1542 Property Address: Violations: Marjorie S. Roberson Tr. 237 NW 28th Avenue SBC '97 ED 104.1.1 and Section 13-16 B.B.C. of Ord.; Please install driveway with concrete or asphalt; permit is required; install sod in dead areas of yard and swale to achieve a uniform green appearance; also, an occupational license is required to rent house. 23 Meeting Minutes Code Compliance Board Boynton Beach, FL January17,2001 Inspector Guillaume stated the case was cited on June 26, 2000. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-1542, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Marjorie S. Roberson, Tr. is 'n violation of Code Sections SBC '97 ED 104.1.1 and 13-16 B.B.C. of Ordinances. Mr. Foot moved to order that the Respondent correct the violations on or before February 19, 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. Motion seconded by Mr. Miriana and carried 6-0. Case #00-2338 Property Address: Violations: Angel L. Mercado 3234 Ocean Parkway Chapter 15, Article IX-15-120 (D) I.G; Lawns which have died from lack of water or other causes shall be re- seeded or sodded to comply with City Code. Inspector Guillaume stated the case was cited on September 14, 2000. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-2338, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Angel L. Mercado is in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1.G of the City Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violations on or before February 19, 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. Motion seconded by Mr. Walsh and carried 6-0. Case #00-2890 Property Address: Violations: R. and Rutha M. Miller 1500 NW 3rd Street Chapter 15, Article IX-15-120 (D) Inc.; Please de-weed asphalt driveway; 24 Meeting Minutes Code Compliance Board Boynton Beach, FL January 17, 2001 repair holes; fill trash hole and install grass; use blue cart for trash. Inspector Melillo stated the property was cited on October 27, 2000. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-2890, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that P,. and Rutha M. Miller are in violation of Code Sections Chapter 15, Article IX-15- 120 (D), Inc. of the City Code of Ordinances. Mr. Foot moved to order that the Respondents correct the violations on or before February 19, 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. Motion seconded by Mr. Miriana and carried 6-0. Case #00-3308 Property Address: Violations: Edner Francois & Marie Pierre 433 NE 20th Avenue Chapter 15, Article IX-15-120 (D) Inc.; Please remove all trash and debris in yard and carport; repair windows, fence and install grass where bare spots occur. Inspector Melillo stated the property was originally cited on November 28, 2000. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-3308, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Edner Francois & Marie Pierre are in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc. of the City Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violations on or before February 19, 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. Motion seconded by Mr. Walsh and carried 6-0. Case #00-1510 Property Address: Veronica R. Motiram 1609 S. Congress Avenue 25 Meeting Minutes .... Code Compliance Board Boynton Beach, FL January 17, 2001 Violations: PT3-LDR, Chapter 21-1, Section 12 and Section 4; Replace insert in sign structure; a permit is required to advertise. Inspector Roy stated the property was discovered through routine inspection and service was accomplished by certified mail. The City recommends 30 days. Mr. Foot inquired what type of business was located on the property? Inspector Roy was uncertain, but noted that it had been a bank previously. Motion Based on the testimony and evidence presented in Case No. 00-1510, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Veronica R. Motiram is in violation of Code Sections PT-LDR, Chapter 21-1, Section 12 of the City Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violations on or before February 19, 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. Motion seconded by Mr. Walsh and carried 6-0. Case #00-2806 Property Address: Violations: Patrick Donahue & Larry Turner 124 SE 29th Avenue Chapter 15, Article IX-15-120 (D) 1, Inc. and 10-2 B.B.C. of Ord.; Yard needs to be maintained weed free. Inspector Roy stated the through routine inspection. recommends 30 days. property was originally cited on October 18, 2000 Service was accomplished by posting and the City Motion Based on the testimony and evidence presented in Case No. 00-2806, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Patrick Donahue and Larry Turner are in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc. and 10-2 B.B.C. of Ordinances. Mr. Foot moved to order that the Respondents correct the violations on or before February 19, 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 26 Meeting Minutes ..... Code Compliance Board Boynton Beach, FL January 17, 2001 to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana and carried 6-0. Case #00-3040 Property Ad dress: Violations: Frederick & Shirley S. Rothrock 179 SE 28th Avenue Chapter 15, Article IX-15-120 (D) 1, Inc.; Mow overgrowth in rear yard and remove fallen dead tree, Inspector Roy stated the property was originally cited on October 31, 2000 through a neighborhood complaint. Service was accomplished by certified mail and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-3040, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Frederick and Shirley S. Rothrock are in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc. of the City Code of Ordinances. Mr. Foot moved to order that the Respondents correct the violations on or before February 19, 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. Motion seconded by Mr. Miriana and carried 6-0. Case #00-3216 Property Address: Violations: Jean P. Messeroux 2950 SE 2nd Street Chapter 15, Article IX-15-120 (D) 1, Inc.; Remove any trash and debris including tires from property; maintain hedges and grass. Inspector Roy stated the property was originally cited on November 14, 2000 through routine neighborhood inspection. Service was accomplished by certified mail and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-3216, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Jean P. Messeroux is in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc. of the City Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violations on or before February 19, 2001. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per 27 Meeting Minutes Code Compliance Board Boynton Beach, FL January 17, 2001 day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Walsh and carried 6-0. Case #00-2447 Property Address: Violations: Bhatt Ashish 417 NE 2nd Street Chapter 15, Article IX-15-120 (D) 1, Inc.; Please sod front yard and swale; also, de-weed driveway. Inspector Pierre stated the case was originally cited on September 26, 2000 through routine neighborhood inspection. Service was accomplished by certified mail and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-2447, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law that Bhatt Ashish is in violation of Code Sections Chapter 15, Article IX-15- 120 (D), Inc. of the City Code of Ordinances. Mr. Miriana moved to order that the Respondent correct the violations on or before February 19, 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. Motion seconded by Mr. Walsh and carried 6-0. Case #00-2447 Property Address: Violations: Barbara Robbins 233 NW 5th Court Chapter 15, Article IX-15-120 (D) 1, Inc.; Please repair or replace driveway; sod all bare areas in yard; remove unregistered vehicle. Inspector Pierre stated the case was originally cited on September 29, 2000 through routine inspection. Service was accomplished by posting. The City recommends 60 days. Motion Based on the testimony and evidence presented in Case No. 00-2535, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law that Bhatt Ashish is in violation of Code Sections Chapter 15, Article IX-15- 28 Meeting Minutes - Code Compliance Board Boynton Beach, FL January 17, 2001 120 (D), Inc. of the City Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violations on or before March 19, 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. Motion seconded by Mr. Rossi and carried 6-0. Case #00-2269 Property Address: Violations: Karl W. Washington 1017 N. Railroad Avenue Chapter 15, Article IX-15-120 (D) 1, Inc.; Please remove all loose trash and debris; also trim bushes. Inspector Webb stated the case was originally cited on September 11, 2000 through routine neighborhood inspection. Service was obtained by certified mail and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-2269, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Karl W. Washington is in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc. of the City Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violations on or before March 19, 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. Motion seconded by Mr. Miriana and carried 6-0. Case #00-2942 Property Address: Violations: New Haitian Alliance Church Hoadley Road PT3-LDR, Chapter 7.5-1, Section 5.B; Vacant lot at end of Hoadley Road; Before clearing land, a permit must be obtained. Inspector Webb stated the property was originally cited on October 30, 2000 through routine neighborhood inspection. Service was obtained by posting and the City recommends 10 days. The respondent only needs to obtain a permit. 29 Meeting Minutes "'~ Code Compliance Board Boynton Beach, FL January17,2001 Motion Based on the testimony and evidence presented in Case No. 00-2942, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that New Haitian Alliance Church is in violation of Code Sections PT3-LDR, Chapter 7.5-1, Section 5.B. of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before February 1, 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. Motion seconded :by Mr. Foot and carried 6-0. Case #00-3311 Property Address: Violations: Billie J. Sanders 613 NW 2nd Street Chapter 15, Article IX-15-120 (E) 2A and 120 (D), Inc.; Remove all loose trash and debris; remove discarded dog houses; repair all rotten fascia boards and paint; remove unlicensed and inoperable vehicle and sod all bare areas in yard. Inspector Webb stated the property was originally cited on November 29, 2000 through routine neighborhood inspection. Service was obtained by certified mail and the City recommends 60 days. Inspector Webb noted that the respondent has just returned from the hospital. Motion Based on the testimony and evidence presented in Case No. 00-3311, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Billie J. Sanders is in violation of Code Sections Chapter 15, Article IX- 15-120 (E) 2A and 120 (D), Inc. of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before March 19, 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. Motion seCOnded by Mr. Foot and carried 6-0. LIEN PENALTY CERTIFICATIONS Case No. 00-46 Church of Our Savior 2011 S. Federal Hwy. 3O Meeting Minutes '-~ ~ Code Compliance Board Boynton Beach, FL January 17, 2001 Inspector Roy requested that the case be tabled. Motion Mr. Lambert moved that Case No. 00-46 be tabled until the Code Compliance Board Meeting to be held on February 21, 2001. Motion seconded by Mr. Rossi and carried 6-0. Case No. 00-1529 Richard Head 119 Arthur Court Inspector Guillaume stated the property was cited on June 21, 2000 for violation of the Community Appearance Code. No one appeared at the October 18, 2000 Code Compliance Board Hearing. A compliance date of November 13, 2000 was set or be fined $25.00 per day. The property has not yet complied. Motion Based on the testimony and evidence presented in Case No. 00-1529, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Lambert moved that this Board find that Richard Head 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 judgment is entered based upon this certification of fine. Motion seconded by Mr. Walsh and carried 6-0. Case No. 00-1664 Richard Marks 3330 N. Seacrest Blvd. Inspector Guillaume stated the property was cited on July 12, 2000 for violation of the Community Appearance Code. No one appeared at the Code Compliance Board Hearing of October 18, 2000. A compliance date of November 13, 2000 was set or be fined $25.00 per day. The property has not yet complied. Motion Based on the testimony and evidence presented in Case No. 00-1664, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Lambert moved that this Board find that Richard Marks has violated this Board's pdor 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 judgment is entered based upon this certification of fine. Motion seconded by Mr. Foot and carried 6-0. 31 Meeting Minutes ~ Code Compliance Board Boynton Beach, FL January 17, 2001 Case No. 00-1955 T.J. Cunningham 1897 Palm Beach Lakes Blvd. #201 West Palm Beach, FL 33409 717 NE 10th Avenue Inspector Cain stated the notice of violation was dated August 3, 2000. No one appeared at the Code Compliance Board Hearing on November 15, 2000. A compliance date of December 18, 2000 was set or be fined $25.00 per day. The property complied on January 12, 2001 for 24 days of non-compliance. The City recommends no fine. Inspector Cain stated that the property is no longer owned by Mr. Cunningham. The person who purchased the property made all the repairs and brought the property into compliance and did a very good job. Motion Based on the testimony and evidence presented in Case No. 00-1955, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondent, T.J. Cunningham, was in violation of Code Sections Chapter 15, Article IX-15-120 (E) 2.A and (E) 2.C. subsequent to the date of compliance specified in this Board's Order of November 15, 2000. Mr. Lambert moved that this Board find that the Respondent failed to comply with this Board's Order, and that this Board impose and certify no fine or administrative costs. Motion seconded by Mr. Foot and carried 6-0. Case No. 00-2065 Linda & Raymond Torres 5406 Blueberry Hill Avenue Lake Worth, FL 33463 2741 NW 2nd St. Inspector Cain stated that the notice of violation was dated August 17, 2000 for violation of the Community Appearance Code. No one appeared at the November 15, 2000 Code Compliance Board Hearing. A compliance date of December 18, 2000 was set or be fined $25.00 per day. The property has not yet complied. Motion Based on the testimony and evidence presented in Case No. 00-2065, and having considered the gravity of the violations, the actions taken by the Respondents, and any and all previous violations committed by the Respondents, Mr. Lambert moved that this Board find that Linda and Raymond Torres have violated this Board's prior Order of November 15, 2000, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs which shall continue to accrue until the Respondents come 32 Meeting Minutes ' Code Compliance Board Boynton Beach, FL January 17, 2001 into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Foot and carried 6-0. Case No. 00-545 Delian Antoine & Marie Premier 1521 NE 2nd Street Inspector Melillo stated the notice of violation was dated March 13, 2000 for permit required. The respondent did appear at the September 20, 2000 Code Compliance Board Hearing. A compliance date of December 18, 2000 was set or be fined $25.00 per day. The property has not yet complied. Inspector Melillo said that the respondents were at the meeting earlier and left. The respondents are trying to get a building permit for a very large shed in their backyard, which is too close to the setbacks. Inspector Melillo felt this could take a long time to resolve. Motion Based on the testimony and evidence presented in Case No. 00-545, and having considered the gravity of the violations, the actions taken by the Respondents, and any and all previous violations committed by the Respondents, Mr. Lambert moved that this Board find that Delian Antoine and Marie Premier have violated this Board's prior Order of September 20, 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 Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Miriana and carried 6-0. Case No. 00-3032 Wanda Delgado & Domingo Esquivel 1435 NW 4th St. Inspector Melillo stated the property was cited on October 31, 2000 for violation of the Community Appearance Code. No one appeared at the Code Compliance Board Hearing of December 20, 2000. A compliance date of January 1, 2001 was set or be fined $25.00 per day. The property has not yet complied. Motion Based on the testimony and evidence presented in Case No. 00-3032, and having considered the gravity of the violations, the actions taken by the Respondents, and any and all previous violations committed by the Respondents, Mr. Lambert moved, that this Board find that Wanda Delgado and Domingo Esquivel have violated this Board's prior Order of December 20, 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 Respondents come 33 Meeting Minutes Code Compliance Board Boynton Beach, FL January 17, 2001 into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Foot and carried 6-0. Case No. 00-2054 Helen M. Hagen 3307 Fernwood Dr. Inspector Roy stated that the notice of violation was dated August 15, 2000 for violation of the Community Appearance Code. No one appeared at the November 15, 2000 Code Compliance Board Hearing. A compliance date of December 18, 2000 was set or be fined $25.00 per day. The property has not yet complied. Motion Based on the testimony and evidence presented in Case No. 00-2054, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Lambert moved that this Board find that Helen M. Hagen has violated this Board's prior Order of November 15, 2000, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Miriana and carried 6-0. Case No. 00-2015 Walter Denahan 647 NE 8th Avenue Inspector Guillaume stated that the notice of violation was dated August 10, 2000 for permit required. The respondent did appear at the October 18, 2000 Code Compliance Board Hearing. A compliance date of December 18, 2000 was set or be fined $25.00 per day. The property has not yet complied. Motion Based on the testimony and evidence presented in Case No. 00-2015, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Lambert moved that this Board find that Walter Denahan has violated this Board's prior Order of August 10, 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 come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Foot and carried 6- 0. 34 Meeting Minutes Code Compliance Board Boynton Beach, FL January 17, 2001 Case No. 00-1422 Queen McClendon 119 NE 12th Avenue Inspector Webb stated the notice of violation was dated June 8, 2000 for violation of the Community Appearance Code. No one appeared at the Code Compliance Board Hearing on September 20, 2000. A compliance date of November 13, 2000 was set or be fined $25.00 per day. The property complied on January 9, 2001 for 56 days of non-compliance. The City recommends no fine. Mr. Lambert inquired why the City was recommending no fine. Inspector Webb responded that the woman is crippled and has no legs. She had to struggle to get the money to bring the property into compliance. Motion Based on the testimony and evidence presented in Case No. 00-1422, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondent, Queen McClendon, was in violation of Code Sections Chapter 15, Article IX-15- 120 (D) 1 .D. subsequent to the date of compliance specified in this Board's Order of September 20, 2000. Mr. Lambert moved that this Board find that the Respondent failed to comply with this Board's Order, and that this Board impose and certify no fine or administrative costs. Motion seconded by Mr. Foot and carried 6-0. Case No. 00-2183 Shelter Solutions, Inc. 70 Whitlock Place Marietta, GA 30064 404 NW 7th Court Inspector Webb stated the notice of violation was dated August 31, 2000 for violation of the Community Appearance Code. The respondent did appear at the November 15, 2000 Code Compliance Board Headng. A compliance date of December 18, 2000 was set or be fined $25.00 per day. The property has not yet complied. Mr. Blasie stated the respondent was present earlier and requested that the case be tabled. They are working on obtaining the permits and the property should be in compliance by the next meeting. Motion Mr. Foot moved that Case No. 00-2183 be tabled until the Code Compliance Board Meeting to be held on February 21, 2001. Motion seconded by Mr. Lambert and carried 6-0. Case No. 00-2430 James Mathies Estate 321 NW 2nd Street Inspector Webb stated the notice of violation was dated September 26, 2001 for violation of the Community Appearance Code. No one appeared at the Code 35 Meeting Minutes --~ Code Compliance Board Boynton Beach, FL January 17, 2001 Compliance Board Hearing on December 20, 2000. January 1, 2001 was set or be fined $25.00 per day. complied. A compliance date of The property has not yet Motion Based on the testimony and evidence presented in Case No. 00-2430, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Lambert moved that this Board find that the James Mathies Estate has violated this Board's prior Order of December 20, 2000, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Rossi and carried 6-0. Case No. 00-2553 Lucio & Maria Garcia P.O. Box 6972 Lake Worth, FL 33466 519 N. Seacrest Blvd. Inspector Webb stated the notice of violation was dated October 3, 2000 for violation of the Land Development Regulations. No one appeared at the Code Compliance Board Hearing of December 20, 2000. A compliance date of January 1, 2001 was set or be fined $100 per day. The property has not yet complied. Motion Based on the testimony and evidence presented in Case No. 00-2553, and having considered the gravity of the violations, the actions taken by the Respondents, and any and all previous violations committed by the Respondents, Mr. Lambert moved that this Board find that Lucio and Maria Garcia has violated this Board's prior Order of December 20, 2000, and this Board impose and certify a fine in the amount of $100 per day, plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Walsh and carried 6-0. Case No. 00-2867 Mobil Oil Corp. cio 290 N. Congress Ave. Mobil Administration Service Co., Inc. Property Tax Division P.O. Box 290 Dallas, TX 75221 36 Meeting Minutes .... Code Compliance Board Boynton Beach, FL January 17, 2001 Inspector Webb stated the notice of violation was dated October 26, 2000 for permit required. No one appeared at the Code Compliance Board Hearing. Of December 20, 2000. A compliance date of January 1, 2001 was set or be fined $50.00 per day. The property has not yet complied. Motion Based on the testimony and evidence presented in Case No. 00-2867, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Lambed moved that this Board find that Mobil Oil Corp. has violated this Board's prior Order of December 20, 2000, and this Board impose and certify a fine in the amount of $50.00 per day, plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Miriana and carried 6-0. FORECLOSURES Case #00-442 Case #00-544 Case #00-786 Alvin & Cynthia Daniels Francis & Ronald McLeod Leola Pearson Motion Mr. Lambert moved that the above cases listed forwarded to the City Attorney's Office for foreclosure. Foot and unanimously carried. on tonight's Agenda be Motion seconded by Mr. VII. ADJOURNMENT There being no further business, the meeting properly adjourned at 10:25 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (three tapes) 37 11:~8PH FROt,I FRITZ MASSIE FENCE, INC. 28~2 2ND AVENUE NORI:~-'~'LAKE WORTH, FLORIDA 33461 · TELEPHONE: (5~1} 967-7556 he: Bmce Bla~ 321 S. W. 1st. Ave. ~5oFntca~ Beach, t~ To whom it may concern: Wh~-, I went out lo 81',~ a quote oa a fence, the dirt ~ level on beth skk~s of the fence. When we installed 'dae fence the dirt was level on both si(k~ ~f the fence. When ~e installation was complete, the dirt was level on tx~h skies of the £ertce. The iastat!ation ~ tile fem~ was completed in a professional and there were ne problems re~g~ding the fence, Perr~ lVl~si¢, Presidem Jeff Tomberg Board Certified Civil Trial Lawyer LAW OFFICES OF JEFF TOMBERG, J.D., P.A. P.O. Drawer EE 626 S.E. 4th Street Boynton Beach, Florida 33435 January 17, 2001 (561) 732-6488 (561) 737-1345 FAX: (561) 734-8971 e-maih piatty@yahoo.com Mr. Scott Blaise City of Boynton Beach Code Enforcement Board P.O. Box 310 Boynton Beach, FL 33425 Re: George Rahming, Case No. 99-704 224 N.E. 10th Ave. Dear Mr. Blaise: Mr. Rahming was the successful bidder at the partition sale of this property on December 28, 2000 and is now the owner of the property. We have completed the legal work on his behalf; however, the recording is not completed, which we are in the process of doing. As soon as the final deed from Ruth Martin has been obtained and recorded, Mr. Rahming will be in a position to refinance the property and correct the code violations. JeT/ah cc: Mr. Rahming Very truly your/s~/l JEFF/TON tERG