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MInutes 12-20-00MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN CONFERENCE ROOM C, WEST WING CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, DECEMBER 20, 2000 at 7:00 P.M. PRESENT Chris DeLiso, Chairperson Robert Foot Patti Hammer, Vice Chair James Miriana Sarah Williams Thomas Walsh, Alternate Dee Zibelli, Alternate Dick Lambert ABSENT Enrico Rossi Nicholas Igwe, Assistant City Attorney Scott Blasie, Code Compliance Administrator Inspectors: Courtney Cain Luney Guillaume Skip Lewis Richard Laverdure Mike Melillo Vestiguerne Pierre Pete Roy Sunny Surajbally Willie Webb CALL TO ORDER Chairman DeLiso presided and called the meeting to order at 7:03 p.m. II. APPROVAL OF MINUTES OF NOVEMBER 15, 2000 MEETING Motion Mr. Miriana moved that the minutes of the November 15, 2000 meeting be approved. Motion seconded by Vice Chair Hammer, which unanimously carried. III. APPROVAL OF AGENDA 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: Meeting Minutes .... Code Compliance Board Boynton Beach, Florida December 20, 2000 B. C. D. E. F. G. H. Page 2 (Case 00-2243), Samuel & Elizabeth Read (removed) Page 8 (Case No. 00-2665), Sheila & Virgil Darville (complied) Page 10 (Case No. 00-2813), Catherine Allen (complied) Page 23 (Case No. 00-2387), Jaime Rodriguez (complied) Page 39 (Case No. 00-2864), Brian & Jackie Fitzpatrick (removed) Page 42 (Case No. 00-2545), Marsha Adler (complied) Page 48 (Case No. 00-2737), Donald Smith, Jr. (removed) Page 51.1 (Case No. 00-2735) was a late addition to the agenda, but is being removed because of late service; Staff was unable to determine whether or not the property complied. Page 53 (Case No. 99-2642), Yves Hubert (removed) Motion Vice Chair Hammer moved that the Agenda, as amended, be approved. Motion seconded by Mr. Lambert, which carried unanimously. IV. 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. V. NEW BUSINESS Chairman DeLiso explained that this Board follows Florida State Statutes and is a quasi-judicial Board. There is a plea system in place. If a person feels that a violation exists on their property, but needs more time to bring the property into compliance, you could pled "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. 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. Attorney Lawrence Chandler requested that the record reflect that Mr. Yves Hubert was present tonight with his counsel and Attorney Chandler stated that Attorney Steve Bush who filed a court proceeding on behalf of Mr. Hubert Meeting Minutes ~ ~ Code Compliance Board Boynton Beach, Florida December 20, 2000 informed him that Attorney Igwe made some derogatory remarks regarding the bankruptcy proceedings. Further Attorney Chandler requested to know who Mr. Foot, Chairman DeLiso and Mr. Igwe were. Attorney Igwe informed Attorney Chandler that he was out of order. However, Attorney Chandler continued speaking. Chairman DeLiso informed him that he was out of order. Attorney Chandler said that his client's name was not called and Chairman DeLiso instructed him to speak with Mr. Scott Blasie and to cease disrupting the meeting. Mr. Blasie informed Attorney Chandler that the case had been removed and Attorney Chandler requested to know why the case was removed and said he brought a court reporter with him tonight. Mr. Blasie stated that the Legal Department informed him late today that the case was to be removed from the agenda. Attorney Chandler asked Mr. Blasie if a reason was given and Mr. Blasie replied that a bankruptcy was mentioned. Chairman DeLiso requested that Attorney Chandler leave the room and speak with Mr. Blasie outside the meeting room. A. CASES TO BE HEARD Case #00-2828 Pro pe rty Add ress: Violations: Michael L. & Deborah Hotchkiss 2925 SE 1st Court Chapter 15, Article IX-15-120 (D) 1, Inc.; Need grass north side of driveway Inspector Roy stated the property was cited through routine neighborhood inspection and service was accomplished by certified mail. The respondent is present tonight. Mr. Michael Hotchkiss, 2925 SE 1st Court took the podium and said he was in compliance with the Code and pled not guilty. Chairman DeLiso requested that the City present their case first. Inspector Roy said he cited the property for violations of the above Chapter. Further, Inspector Roy requested that the respondent place grass on the north side of the driveway because cars were being parked on the grass and the grass had deteriorated. Inspector Roy stated that the respondent placed mulch in the area in question. Inspector Roy explained to him that in accordance with Code, grass must be planted in that area. Inspector Roy presented a photograph to the respondent who identified that it was his property and then presented the photo to the Board. Mr. Hotchkiss read the portion of the Code for which he was being cited. Mr. Hotchkiss stated that he has lived at the property for almost 18 years and has maintained wood chips in this area for about 10 years. The wood chips did deteriorate and he had intended to replace them, but did not until he was cited. 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 20, 2000 The respondent said that he replaced the wood chips, added some trim and sodded around the tree. The respondent felt that the wood chips meet the Code and there are several houses in his neighborhood that have wood chips also. The Respondent acknowledged that he had been parking his Vehicle on the grass. Mr. Foot noted that the Code stated that wood chips with plantings every 100 square feet would be allowed. However, the respondent said he did not have plantings every 100 square feet. Inspector Roy noted that the Code is somewhat "gray" in this area, but the intent of the Code is if the area was already covered, then it would be grandfathered. However, this would not apply to new landscaping. Since the respondent had never replaced the wood chips until he was cited, when he did replace them, staff looked at it as new landscaping. Vice Chair Hammer inquired if the respondent could be grandfathered? Inspector Roy stated .the respondent is testifying under oath, however, he did not see any wood chips when he first cited the property. A woman in the audience requested to be heard. She asked Attorney Igwe to give the definition of a public hearing and she would like to speak on behalf of the respondent. Chairman DeLiso asked if she knew the respondent and she stated she did not, but felt that she had the right to speak because this was a public hearing. Attorney Igwe asked the woman if she was a witness for the respondent and she said she was not. The woman again asked Attorney Igwe for the definition of a public hearing and he stated that he works for the Code Compliance Board, not her. Mr. Foot inquired if the property could comply under xeriscaping? Mr. Blasie responded that the respondent was cited for Chapter 15, 120 (D) 1, inclusive and (D) 1 states that total areas void of landscaping or xeriscape ground cover shall not exceed 100 square feet of any pervious area visible from a public or private right-of-way. Mr. Blasie feels that the intent of the Code was to allow conditions that existed to be maintained, but the issue here is whether or not the wood chips existed prior to the issuance of the violation. Also, Mr. Blasie noted that the area in question is being used as a parking surface, and wood chips are not acceptable under the Code. The woman that requested to speak was asked to take the podium. She stated her name was Beverly Annabel, 327 SW 1st Avenue, Boynton Beach and that she had spoken to several attorneys prior to coming to tonight's meeting regarding the definition of a public hearing and they assured her that any resident of the City could speak on someone else's behalf. Ms. Annabel said there are at least seven houses on her street that have mulch or gravel in their front entryways by the driveway and park cars on these surfaces. She further stated she did not know this person, but did not like to see one person singled out. Mr. 4 Meeting Minutes ~ '~ Code Compliance Board Boynton Beach, Florida December 20, 2000 Hotchkiss said that the property had been mulched for 15 years and that it was going to stay mulched. Mr. Foot asked how much time the respondent would need to bring the property into compliance? Mr. Blasie stated the property needed concrete or asphalt and landscaping or sod. The respondent insisted that he was grandfathered in. Motion Based on the testimony and evidence presented in Case No. 00-2828, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Michael L. and Deborah Hotchkiss are in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc. of the City Code of Ordinances. Mr. Foot moved to order that the Respondents correct the violations on or before March 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 Ms. Zibelli. Mr. Miriana asked how many square feet were not in compliance and Inspector Roy stated approximately 175 square feet. Mr. Miriana asked the respondent why he refused to plant sod in this area and he stated that sod would not grow in that area. Ms. Williams felt that this was a neighborhood problem that could be referred to the City's Neighborhood Specialist to address and come up with some type of beautification project for the entire neighborhood. Ms. Williams moved to table the case and forward it onto the Neighborhood Specialist. Chairman DeLiso said that there already is a motion on the floor and noted that the Code Officers have to enforce the codes currently on the books. Also, Chairman DeLiso felt if the Neighborhood Specialist were to become involved, this would require a change in the Code. Vice Chair Hammer seconded the motion to table. Attorney Igwe pointed out that the respondent has been charged to be in violation of the law on the books. Therefore, the Board must determine that he is or is not in violation of the law and that is the issue before the Board. Chairman DeLiso called for a vote on the motion to table. Motion to table denied 2-5 (Vice Chair Hammer and Ms. Williams voting in favor to table). Meeting Minutes ~ Code Compliance Board Boynton Beach, Florida December 20, 2000 Chairman DeLiso called for a vote on the motion made by Mr. Foot. Motion carried in favor 4-3 (Chairman DeLiso, Vice Chair Hammer, Ms. Williams dissenting). Mr. Blasie said that staff has not targeted this respondent and the files are public records and contain a great deal of mulch and shellrock cases. Mr. Blasie pointed out that the Code does not differentiate between old and new neighborhoods and all neighborhoods are treated equally. Case #00-2856 Pro pe rty Ad dress: Violations: Jeffrey C. & Beverly J. Annabel 327 SW 1st Avenue PT3 - LDR, Chapter 2, Section 4.J.1, 10-2 B.B.C. of Ord.; Hedge along the south side of property must be maintained at a height not to exceed 4'; overgrown area along west property line along SE 3rd Street must be cleaned out, including the "cultivation" or removal of all Florida Holly Trees as required by City Ordinance Inspector Lewis stated the property was originally cited on October 25, 2000 and the respondent was present. Ms. Beverly Annabel, 327 SW 1st Avenue, Boynton Beach pled not guilty. Inspector Lewis presented photos of the property to the respondent to identify. She stated they were photos of her property, but were not current. She has current pictures with her taken today. Ms. Annabel stated she did not place the debris on the property, and it was thrown on her property. The respondent agreed that the photos of the hedges were hers. Ms. Annabel requested that Chairman DeLiso review his instructions regarding the plea system. The respondent informed the Board that there are state, national and county agencies examining her property as it pertains to guidelines to meet national historic status and Florida endangered species habitat status. The respondent requested that the case be continued until the status of her property could be determined. She stated the property was built in 1926 and the hedges were planted in 1928. Chairman DeLiso asked Attorney Igwe if the respondent were in fact granted the historic or endangered species status, doesn't she still have to comply with the Code? Attorney Igwe stated that he would need to research this. Attorney Igwe requested that the respondent furnish him with some documentation of her requests and she stated that she has not received any of the responses back from these agencies, since she was only served with the 6 Meeting Minutes ~ Code Compliance Board Boynton Beach, Florida December 20, 2000 violation 30 days ago. Also, she stated many of the agencies are closed because of the holidays and said she would submit the requested papers when she receives them. She further stated that she has never been cited for the 13 years that she lived here, that she has spent $2,400 to bring the property into compliance and has been cooperating with the Code Inspectors. Attorney Igwe asked the respondent if she had any case law or statute that would exempt her property from the City Code, to which she stated she did not at this time. Mr. Blasie stated that the Code that the respondent had been cited under does not make her exempt. Mr. Blasie stated the Code for which she had been cited is a nuisance code and that the majority of the hedge along 1st Avenue is AUstralian Pine, which is considered by all agencies as an undesirable species of vegetation. The vegetation that goes along the other street contains a great deal of Florida HolLy, which is prohibited by all State agencies. With regard to wildlife habitat, Mr. Blasie stated that the respondent must present some proof of wildlife on the property. Motion Based on the testimony and evidence presented in Case No. 00-2856, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Jeffrey C. and Beverly J. Annabel are in violation of Code Section 10-2 B.B.C. of Ordinances. Mr. Lambert moved to order that the Respondents correct the violations on or before March 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. Motion carried 7-0. The respondent said she had further evidence to present and Chairman DeLiso informed her that she could appeal this Board's decision. The respondent requested that the tapes of the meeting, together with the minutes, be delivered to her house as soon as they are ready. Attorney Igwe informed her that she could make this request at City Hall and the respondent stated she had the right to have them mailed to her. The respondent further requested that she be allowed to leave letters from her neighbors with the Board and the members informed her that it was not necessary for them to know how the neighbors felt and that she was being cited for not conforming with City Ordinances. Mr. Blasie pointed out that not all the Code was read into the motion. 7 Meeting Minutes .... Code Compliance Board Boynton Beach, Florida December 20, 2000 Motion Mr. Lambert moved to amend his motion to include Code Sections PT3-LDR, Chapter 2, Section 4.J.1. Mr. Foot seconded the amended motion. Motion carried 7-0. Case #00-2056 Property Address: Violations: City National Bank of Florida, Tr. 2309 N. Congress Avenue #37 PT3- LDR, Chapter 4, Section 11; Site to be maintained per plan Inspector Cain stated the property was originally cited on August 15, 2000 through a complaint from a neighbor. Service was accomplished by certified mail and the respondent was present. Timothy Schulz, from Greenberg Traurig PA, said he represents Boynton Landings, which is a land trust, and stated the violation deals with a light pole at the site. The existing light poles am between 12' to 15' in height and the light pole that was replaced was a much shorter pole. Although the violation is for not maintaining the property in accordance with the site plan, Attorney Schulz said he has been trying to get a copy of the site plan from City staff. Attorney Schultz pled no contest on behalf of the respondent and requested that the case be tabled for 45 days until he has had an opportunity to review the site plan. If them is a violation, he will work with the City to bring the property up to Code. Chairman DeLiso suggested that the case be tabled until the February meeting to which the City agreed. Motion Mr. Foot moved that Case No. 00-2056 be tabled until the Code Compliance Board Meeting to be held on February 21, 2001. Motion seconded by Mr. Lambert and carried 7-0. Case #99-1164 Property Address: Violations: Klm and Cyd Fender 2900 High Ridge Road Chapter 15, Article IX-15-120 (D) 1.F, 120 (E) 2A; 120 (D) I.D, 120 (D) 1.E and 15-18 B.B.C. of Ord.; Please install sod in yard wherever dead or bare spots occur; irrigation systems shall be maintained in good working order; paint building; remove graffiti Inspector Cain stated that the City recommended tabling the case for 90 days. 8 Meeting Minutes - ~ Code Compliance Board Boynton Beach, Florida December 20, 2000 Motion Mr. Foot moved that case No. 99-1164 be tabled until the Code Compliance Board Meeting to be held on March 21,2001. Motion seconded by Ms. Williams and carried 7-0. Case #00-2833 Property Address: Violations: Marino & Gloria Umana 112 SE 28th Avenue Chapter 15, Article IX-15-120 (E) 2A and 120 (D) 1, Inc.; De-weed and sod; scrape and paint fascia; repair awning Inspector Roy stated the case was originally cited on October 20, 2000 and Section 120 (E) 2A has complied. The only item remaining is the sod. The respondent is present this evening. Ms. Gloria Umana, 12 SE 28th Avenue pled no contest and asked for 90 days. The City agreed to 90 days. Motion Based on the testimony and evidence presented in Case No. 00-2833, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Marino and Gloria Umana are in violation of Code Section Chapter 15, Article IX-15-120 (E)2A and Chapter 15, Article IX-15-120 (D) 1, Inc. of the City Code of Ordinances. Mr. Lambert moved to order that the Respondents correct the violations on or before March 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 Ms. Williams. Mr. Foot pointed out that Chapter 15, Article IX-15-120 (E) 2A complied. Mr. Lambert amended his motion to exclude that Chapter. Motion carried 7-0. Chairman DeLiso requested that the case on Page 32 be addressed next since the respondent had to go to work. Case #00-2423 Property Address: Violations: Ann E. Jones 314 NW 3rd Street Chapter 15, Article IX-15-120 (B).I; Property owner is responsible for one- half of right-of-way 9 Meeting Minutes ~-~ Code Compliance Board Boynton Beach, Florida December 20, 2000 Chairman DeLiso requested that the respondent be administered the oath as well as all other persons who arrived late. Inspector Webb stated the case was originally cited on September 26, 2000 through a citizen's complaint. Service was obtained by certified mail and the respondent is present. Ms. Ann Jones, 314 NW 3rd Street, Boynton Beach said she is very ill and that her daughter would be speaking for her. Ms. Janet Brown, 120 NE 18th Avenue, Boynton Beach also assumed the podium. Ms. Brown stated that the City gave the right-of-way to her mother and that her mother did not ask for the property. Ms. Brown pled not guilty. Inspectors Webb stated that all property owners under the Community Appearance Code are required to maintain one-half of the right-of-way for which the respondent was cited. Ms. Jones was presented with photos of the property and agreed that the photos were of the property in question. Ms. Brown stated that her mother does not use this property and that her mother is ill and cannot afford to fix her house, let alone maintain an alleyway that she does not use. Her mother is disabled and cannot afford to buy her medicine. Ms. Brown further stated that there is no way to enter or exit the alley and her mother cannot afford to have anyone maintain it for her. Mr. Blasie pointed out that the property in question is a City alley that runs between a row of houses and property owners are responsible to maintain each half. Mr. Blasie suggested that the respondent contact Community Redevelopment for assistance. Motion Mr. Lambert moved that Case No. 00-2423 be tabled until the Code Compliance Board Meeting to be held on February 21, 2001. Motion seconded by Ms. Williams and carried 7-0. Case #00-1894 Property Address: Violations: H.B. Realty, Inc. 2450 NW 2nd Street Chapter 15, Article IX-15-120 (D) .lA and 13-16 B.B.C. of Ord.; Please remove any construction debris, plywood in yard; also, an occupational license is required to rent house. 10 Meeting Minutes - Code Compliance Board Boynton Beach, Florida December 20, 2000 Inspector Guillaume stated the case was cited on July 27, 2000 and that Chapter 15 120 (D) .lA has complied. The violation was discovered through routine neighborhood inspection and service was accomplished by posting. Mr. Hazelton Whitely, owner of H B Realty, Inc., 2300 Palm Beach Lakes Boulevard, West Palm Beach, FL 33409 took the podium and stated he was the owner of 2450 NW 2nd Street. Mr. Whitely pled not guilty. Mr. Whitely stated that the City did not mail the notice to the correct address and he received no notification of the violation. The notice had been mailed to a Lake Worth address and they have not been located at the Lake Worth address for four years. The respondent stated that he applied and paid for an occupational license over two months ago, but there is a language barrier with the tenant, and he has been having difficulty making arrangements with the tenant to have the property inspected. Mr. Whitely requested that the Code Officer go out to the property and make the inspection. Chairman DeLiso suggested that the respondent plead no contest and ask for 30 days, which would allow enough time for the property to be inspected. The respondent stated that he has been renting the property out for five years and was not aware that he needed an occupational license. The current tenant has been renting the house for three years. The respondent changed his plea to no contest and asked for 30 days. Motion Based on the testimony and evidence presented in Case No. 00-1894, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that H B Realty Inc. is in violation of Code Section 13-16 B.B.C. of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before January 15, 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. Foot questioned if 30 days would be sufficient in case the house did not pass inspection or was in need of some type of repair. The respondent said the condition of the property was good. Motion carried 7-0. 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 20, 2000 Case #00-0611 Property Address: Violations: Triumph Church Kingdom of God 111 NW 10th Avenue Chapter 15, Article IX-15-120 (D) 1, Inc.; Replace missing hedges, define parking with asphalt or concrete; remove all loose trash and stop dumping trash in swale on NW 10th Avenue Inspector Webb stated the property was originally cited on March 23, 2000 through routine neighborhood inspection. Service was obtained by certified mail and the respondent is present. Reverend E.J. Maddox, 1616 NE 1st Street, Boynton Beach took the podium and pled guilty. Rev. Maddox stated that plans are being drawn up to have the parking lot redone. Further, he stated that they have replaced the hedges several times, but people use the Church as a short cut and are ruining the hedges. Mr. Blasie asked the respondent if he has made application for a site plan modification and Rev. Maddox stated he is still waiting for the engineering plans and survey before applying. Mr. Foot inquired if the respondent had sufficient funds for the project and he stated they are working on that as well. The respondent requested six months for compliance. The City agreed to six months. Motion Based on the testimony and evidence presented in Case No. 00-0611, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Triumph Church Kingdom of God is in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc. of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before 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. Motion seconded by Mr. Foot. Motion carried 7-0. Case #00-2851 Property Address: Violations: Sandra Bosch & Ziad Kaddouri 118 NW 10th Avenue Chapter 15, Article IX-15-120 (D) I.D, 10-2 and 13-16 B.B.C. of Ord.; Occupational license is needed to rent house; remove all trash and debris 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 20, 2000 from between buildings and in rear of building Inspector Webb stated the property was originally cited on October 25, 2000 through routine neighborhood inspection. Service was obtained by certified mail. Mr. Kaddouri was present earlier, but had to leave. The respondent has two cases on the agenda tonight and the respondent asked for 90 days for both cases. Motion Based on the testimony and evidence presented in Case No. 00-2851, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Sandra Bosch and Ziad Kaddouri are in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1.D., 10-2 and 13-16 B.B.C. of Ordinances. Mr. Lambert moved to order that the Respondents correct the violations on or before March 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 Ms. Williams. Motion carried 7-0. Case #00-2863 Property Address: Violations: Sandra Bosch & Ziad Kaddouri 128 NW 10th Avenue Chapter 15, Article IX-15-120 (E) 2A, 120 (D) 1, Inc., 120 (E) 2C; PT3-LDR, Chapter 20-VIII, Section 2.B and 13-16 B.B.C. of Ord.; Repair all holes in soffits; repair fence; install sod in all bare areas; replace all broken windows; repair outside lights; an occupational license is required for rental Inspector Webb stated this was the second case for the respondents in the prior case. Motion Based on the testimony and evidence presented in Case No. 00-2863, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Sandra Bosch and Ziad Kaddouri are in violation of Code Sections Chapter 15, Article IX-15-120 (E) 2A, 120 (D) 1, Inc., 120 (E) 2C, PT3-LDR, 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 20, 2000 Chapter 20-VIII, Section 2.B and 13-16 B.B.C. of Ordinances. Mr. Lambert moved to order that the Respondents correct the violations on or before March 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 Ms. Williams. Motion carried 7-0. Case #00-2565 Property Address: Violations: Kenneth M. Koos 111 S. Atlantic Dr. W. Chapter 15, Article IX-'15-120 (D) 1, Inc.; Please de-weed yard and install sod in yard Inspector Cain stated the violation was discovered by routine neighborhood inspection and service was accomplished by certified mail. The respondent is present tonight. Mr. Kenneth M. Koos, 111 S. Atlantic Dr. W., Boynton Beach pled not guilty. Mr. Koos stated that he has always placed mulch in the swale area and it has been in that condition for over 5 years. Inspector Cain stated that the respondent has wood chips where sod is required. He also uses this land as a parking area. Inspector Cain presented photos which the respondent identified as his property. Chairman DeLiso informed the respondent that this was not allowed in accordance with the City Code. Mr. Blasie pointed out that during a heavy rain the wood chips get washed out into the street and down the storm drains. Chairman DeLiso asked the respondent how much time he would need to bring the property into compliance. Mr. Foot informed the respondent that he could not park his car on the sod. The respondent stated that he would be using the swale area on occasion to park his car because he didn't want to park his car on the street overnight. Mr. Blasie pointed out that five years ago this ordinance was not in the-Code, but the purpose of the ordinance is to upgrade neighborhoods. Ms. Zibelli stated the respondent was a good friend of hers and that she is recusing herself from voting. Ms. Zibelli noted that the respondent has done a great deal for the neighborhood. 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 20, 2000 Motion Based on the testimony and evidence presented in Case No. 00-2565, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Kenneth M. Koos is in violation of Code Sections Chapter 15, Article IX- 15-120 (D), Inc. of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before 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 Ms. Williams. Motion carried 6-0 (Ms. Zibelli abstained). Case #00-2656 Property Address: Violations: Karen A. Kay 350 NE 27th Avenue Chapter 15, Article IX-15-'120 (D), Inc. and 10-2 B.B.C. of Ord.; Please install sod in yard, front and rear; Florida Holly in rear yard needs to be maintained or remove it; overgrowth and/or debris Inspector Cain stated the case was originally cited on October 4, 2000 through routine neighborhood inspection. Service was accomplished by certified mail and the respondent is present. Inspector Cain stated that Section 10-2 has complied. Ms. Karen A. Kay, 350 NE 27th Avenue, Boynton Beach pled no contest and requested additional time, The respondent stated she just had surgery and is unable to perform the work until she is fully recovered. The respondent asked for 60 days. The City recommended 90 days for compliance. Motion Based on the testimony and evidence presented in Case No. 00-2656, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Karen A. Kay is in violation of Code Sections Chapter 15, Article IX-15- 120 (D), Inc. of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before 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 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida December20,2000 arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. Motion carried 7-0. Case #00-2511: Property Address: Violations: Joyce A. & James W. Wiggins 50 Miner Road Chapter 15, ArtiCle IX-15-120 (D) .lB; SBC '91 ED - Section 103.6.1; SBC '91 ED - Section 103.6.1; 13-16 B.B.C. of Ord.; Please repair or replace driveway with concrete or asphalt; Occupational license is required to rent house. Inspector Guillaume stated the property was cited on September 29, 2000 through routine neighborhood inspection. Service was accomplished by certified mail and the respondent is present. Ms. Joyce A. Wiggins, 50 Miner Road, Boynton Beach pled no contest with regard to the driveway violations, but pled not guilty with regard to the occupational license. The respondent stated she is not renting the house and her niece is living in the house and paying the mortgage. The house is considered a family house. Inspector Guillaume was not certain whether it was a family member living in the house. Chairman DeLiso inquired if Inspector Guillaume ever spoke to the people residing in the house? Inspector Guillaume said he determined at tonight's meeting after speaking with the respondent that the person living in the house was the respondent's niece. Therefore, the City decided that an Occupational License was not necessary. Mr. Lambert asked how much time they needed to repair the driveway and the respondent requested 60 days. Motion Based on the testimony and evidence presented in Case No. 00-2511, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Joyce A. and James W. Wiggins are in violation of Code Sections Chapter 15, Article IX-15-120 (D) .lB of the City Code of Ordinances. Mr. Lambert 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 16 Meeting Minutes ..... Code Compliance Board Boynton Beach, Florida December 20, 2000 compliance with this Order. carried 7-0. VI. Motion seconded by Vice Chair Hammer. Motion OLD BUSINESS A. LIEN PENALTY CERTIFICATIONS (Tabled) Case #00-416 Church of our Savior 2011 S. Federal Highway Inspector Roy requested that the case be tabled until the January meeting. Motion Mr. Lambert moved that Case No. 00-416 be tabled until the Code Compliance Board Meeting to be held on January 17, 2001. Motion seconded by Ms, Williams and carried 7-0. B. LIEN PENALTY CERTIFICATIONS Case #00-1810 Venetrice Jackson 1634 NE 2nd Court Inspector Melillo stated the property was cited on July 25, 2000 for violation of the Community Appearance Code and Occupational License required. Inspector Melillo stated that the Occupational License violation was in error and that the respondent did in fact live on the property, 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. The respondent is present and the City would like to table the case until February due to some financial problems and the amount of work that is necessary. Also, Inspector Melillo stated that the respondent is going through bankruptcy in order to keep her house. Motion Mr. Lambert moved that Case No. 1810 be tabled until the Code Compliance Board Meeting to be held on February 21, 2001. Motion seconded by Vice Chair Hammer and carried 7-0. Case #00-1816 Guirlande Rosemond & Marie Desdunes 1615 NE 2nd St. Inspector Melillo stated the property was cited on July 25, 2000 for violation of the Community Appearance Code. The respondent did appear at the October 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 20, 2000 18, 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 December 4, 2000 for 20 days of non-compliance. The City recommends no fine due to the large amount of storage in the carport area that had to be removed. Motion Based on the testimony and evidence presented in Case No. 00-1816, Ms. Williams moved that this Board find, as a matter of fact, that the Respondents Guirlande Rosemond and Marie Desdunes were in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc., subsequent to the date of compliance specified in this Board's Order of October 18, 2000. Ms. Williams moved that this Board find that the Respondents failed to comply with this Board's Order, and that this Board impose and certify no fine or administrative costs. Motion seconded by Mr. Miriana and carried 7-0. Case #00-1925 Willowbrook H.O.A., Inc. 314 NE 3rd Street Boynton Beach, FL 33435 314 NE 3rd St. Inspector Cain stated that the notice of violation was dated August 2, 2000 for violation of the Community Appearance Code. The respondent did appear at the Code Compliance Board hearing of September 20, 2000 and a compliance date of November 13, 2000 was set or be fined $50.00 per day. The property complied on November 23, 2000 for nine days of non-compliance. The City recommends no fine. Motion Based on the testimony and evidence presented in Case No. 00-1925, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondent, Willowbrook H.O.A., Inc. was in violation of Code Sections Chapter 15, Article IX- 15-120 (D), 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 Ms. Williams and carried 7-0. Case #00-1515 Robyn Lorenz 805 SW 1st Court Inspector Lewis stated the notice of violation was dated June 20, 2000 for violation of the Community Appearance Code. The respondent appeared at the Code Compliance Hearing of September 20, 2000. A compliance date of NOvember 13, 2000 was set or be fined $25.00 per day. The property is not yet in compliance. 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 20, 2000 Ms. Robyn Ben-Ari (Lorenz), 805 SW 1st Court, Boynton Beach said that she had been cited for weeds and said there are no weeds in the yard. The respondent stated that she has xeriscaped her entire property and did all the work herself. She works full time and due to the poor weather lately, she has not been able to get out into the yard. Ms. Lorenz stated that 90% of the work is complete and that she repaired the fence herself, because the person she contracted with never showed up after she gave him a deposit of $160.00. The only work remaining is some landscaping, completion of a retaining wall and the laying of mulch. The swale has been completed. Chairman DeLiso inquired if the case were tabled for 30 days could she have the property complete and she stated that she could have it done. Mr. Lambert explained that even though the case is tabled for another 30 days, the fine keeps running until the property is brought into compliance. The respondent stated she has no money and that she did apply for assistance. However, she was not able to come up with the matching funds that were required. The respondent requested to know what part of the property was not in compliance and was instructed to speak with Inspector Lewis to determine this. Motion Mr. Lambert moved that Case No. 00-1515 be tabled until the Code Compliance Board Meeting to be held on January 17, 2001. Motion seconded by Ms. Williams and carried 7-0. Case #00-1611 Scott Derrin 202 W. Boynton Beach Blvd. P.O. Box 347 Palm Beach, FL 33480 Inspector Lewis stated the notice of violation was dated July 5, 2000 for violation of the Community Appearance Code. The respondent appeared at the August 16, 2000 Code Compliance Board Hearing. A compliance date of November 13, 2000 was set or be fined $25.00 per day. The property complied three (3) days after the compliance date. The City recommends no fine. Motion Based on the testimony and evidence presented in Case No. 00-1611, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondent, Scott Derrin 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 August 16, 2000. Mr. Lambert moved that this Board find that the Respondent failed to comply with this Board's Order, and that this Board impose and certify no fine or administrative costs. Motion seconded by Ms. Williams and carried 7-0. 19 Meeting Minutes ~ ~ Code Compliance Board Boynton Beach, Florida December 20, 2000 Case #00-1615 Leonas Deneus & Wilbert Lhumaine 332 SW 4th Avenue Inspector Lewis stated the property was cited on July 3, 2000 for violation of the Community Appearance Code. No one appeared at the Code Compliance Board Hearing on November 15, 2000. A compliance date of November 29, 2000 was set or be fined $25.00 per day. The property complied on December 13, 2000 for 13 days of non-compliance. The City recommends no fine and the respondent is present tonight. Motion Based on the testimony and evidence presented in Case No. 00-1615, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondents, Leonas Deneus and Wilbert Lhumaine were 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 November 15, 2000. Mr. Lambert moved that this Board find that the Respondents failed to comply with this Board's Order, and that this Board impose and certify no fine or administrative costs. Motion seconded by Ms. Williams and carried 7-0. Case #00-1355 David Eunice 31 Miller road Lake Worth, FL 607 N. Seacrest Blvd. Inspector Webb stated the notice of violation was dated May 31, 2000 for violation of the Community Appearance Code. The respondent did appear at the August 16, 2000 Code Compliance Board Hearing. A compliance date of October 16, 2000 was set or be fined $25.00 per day. The property complied today for 64 days of non-compliance. The respondent is present tonight. Mr. Blasie informed the Board that Mr. Eunice had planted grass seed in lieu of sod and today was used as a compliance date because of the uncertainty of the date when the property complied. Mr. David Eunice, 1421 Dandelion Lane, West Palm Beach, Florida said that he planted the grass seed and repaired the sprinkler system as instructed. The respondent stated that the property was in compliance by the compliance date. Inspector Webb noted that during the period in question he had some additional problems with his health and was not able to inspect the property. 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida December20,2000 Motion Based on the testimony and evidence presented in Case No. 00-1355, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondent, David Eunice was in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1.E, subsequent to the date of compliance specified in this Board's Order of August 16, 2000. Mr. Lambert moved that this Board find that the Respondent failed to comply with this Board's Order, and that this Board impose and certify no fine or administrative costs. Motion seconded by Vice Chair Hammer. Motion carried 7-0. Case #00-1356 David Eunice 603 N. Seacrest Blvd. 1421 Dandelion Lane West Palm Beach, FL 33415 The case is identical to the previous case. Motion Based on the testimony and evidence presented in Case No. 00-1356, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondent, David Eunice was in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1 .B. and (D) 1.E, subsequent to the date of compliance specified in this BOard's Order of August 16, 2000. Mr. Lambert moved that this Board find that the Respondent failed to comply with this Board's Order, and that this Board impose and certify no fine or administrative costs. Motion seconded by Vice Chair Hammer. Motion carried 7-0. C. LIEN REDUCTIONS Case #96-5124 Geraldine Craanen/ Vince Zabik 505 NE 3rd Street Delray Beach, FL 33483 2216 NE 3rd Street Mr. Blasie stated the property was originally cited on December 19, 1996 for violation of the Community Appearance Code. No one appeared at the April 16, 1997 hearing date. A compliance date was set for June 19, 1997 or be fined $25.00 per day. The property came into compliance on December 7, 2000 for a total fine of $31,650, plus administrative costs of $922.21. Mr. Blasie presented before and after photos. This property has changed owners since the case was cited. The applicant tonight has nothing to do with the property and is not the owner. The applicant is here tonight because he is trying to purchase some property in Delray Beach that was also owned by the former owner. 21 Meeting Minutes -~ Code Compliance Board Boynton Beach, Florida December 20, 2000 Mr. Blasie noted that the former owner had been living at the Delray Beach property and was living in squalor and had to be removed from the property. However, the lien on the property in Boynton Beach also attaches to the property in Delray Beach, which is the reason for tonight's hearing. Mr. Lambert asked about the status of the property in Boynton Beach and Mr. Blasie stated the property was now in compliance. The people who purchased the property brought the property into compliance. Mr. Lambert inquired if the current owners purchased the property knowing that there was a lien on it, and Mr. Blasie was not certain if they were aware of the lien. Mr. Lambert questioned if a third party could apply for a lien reduction. Vince Zabik of Showcase Contractors of Delray Beach, 505 NE 3rd Street informed the Board that when Mrs. Craanen was originally cited in 1996 she was mentally incompetent. The house in Boynton Beach was foreclosed upon and purchased at the Courthouse by another party. Therefore, the lien is still attached to the Craanen property in Delray Beach, which Mr. Zabik purchased and intends to tear down. Mr. Zabik stated that the Delray Beach building has been condemned and before it can be torn down, the lien needs to be removed. Attorney Igwe explained that local government liens are considered super liens, which attaches to all property owned by that same owner. Mr. Lambert inquired if the Board could recommend that the lien in Delray Beach be released? Attorney Igwe said that this Board has no jurisdiction in Delray Beach. Attorney Igwe pointed out that once the lien on the Boynton Beach property is released, that would release the lien on the Delray Beach property. Mr. Foot asked what the City would recommend. Mr. Blasie noted that the new owners brought the property into compliance and the violation was only for grass. The new owners didn't cause the original violation and were only. guilty of purchasing the property without doing the title work. Motion Based on the testimony and evidence presented in Case No. 96-5124, 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, Vice Chair Hammer moved that this Board recommend to the City Commission that the fine instituted in Case No. 96-5124, by virtue of this Board's Order of April 16, 1997, be reduced to no fine or administrative costs. Mr. Walsh noted that since the City did not bid on the property, it was purchased by a third party free and clear of the City's lien. Attorney Igwe inquired if the City was noticed of the lawsuit and Mr. Blasie said there is nothing to indicate this in the file. Mr. Foot pointed out that there have been situations like this in the past 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 20, 2000 and the City did collect some fines because the person who purchased the property bought the property subject to the risks involved. Motion seconded by Mr. Miriana. Motion carried 7-0. RECESS WAS DECLARED AT 9:25 P.M. THE MEETING RECONVENED AT 9:30 P.M. Ms. Williams and Vice Chair Hammer left the meeting. Mr. Walsh became a voting alternate. CASES TO BE HEARD Case #00-2542 Property Address: Violations: Sol & Bella Heifetz 2923 S. Federal Highway PT3-LDR, Chapter 4, Section 11, PT3- LDR. Chapter 23-Article I1.O, PT3-LDR, Chapter 7.5-11, Section 5.B; Repair holes in lot and driveway; re-stripe parking spaces; replace broken car stops; replace stop sign on S. Federal highway exit; replace missing or dead sod; de-weed grass areas; replace any missing plants or shrubs Inspector Roy stated the property was originally cited on September 29, 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. 00-2542, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Sol and Bella Heifetz are in violation of Code Sections PT3-LDR, Chapter 4, Section 11, PT3-LDR. Chapter 23-Article II.O and PT3 LDR, Chapter 7.5.11, Section 5.B of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violation on or before January 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. Motion seconded by Mr. Miriana. Motion carried 7-0. 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 20, 2000 Case #00-2825 Property Address: Violations: Frederick & Shirley S. Rothrock 179 SE 28th Avenue Chapter 15, Article IX-'15-120 {D) 1, Inc.; De-weed and sod; maintain and define driveway Inspector Roy stated the property was originally cited on October 23, 2000 through routine inspection. Service was accomplished by certified mail and the City recommends 60 days. Motion Based on the testimony and evidence presented in Case No. 00-2825, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Frederick & Shidey S. Rothrock are in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc. of the City Code of Ordinances. Mr. Lambert moved to order that the Respondents correct the violation 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. Walsh. Motion carried 7-0. Case #00-2480 Property Address: Violations: Emma J. Moore 1511 NW 2nd Street Chapter 15, Article IX-5-120 (D) 1.D; Please install grass where bare spots occur Inspector Melillo stated the property was originally cited on September 28, 2000 through routine inspection. Service was made by posting and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-2480, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Emma J. Moore 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 violation on or before January 15, 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 24 Meeting Minutes ,~.~.i. Code Compliance Board Boynton Beach, Florida December 20, 2000 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 #00-2669 Property Address: Violations: Joseph Enat 2041 NW 2nd Court Chapter 15, Article IX-5-120 (D) .lA; Please remove, repair or register all your motor vehicles Inspector Melillo stated the case was originally cited on October 5, 2000 through routine inspection. The respondent was present tonight, but had to leave. Service was accomplished by certified mail and the City recommends 10 days. Motion Based on the testimony and evidence presented in Case No. 00-2669, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Joseph Enat is 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 violation on or before January 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. Walsh. Motion carried 7-0. Case #00-3032 Property Address: Violations: Wanda I. Delgado & Domingo Escovil 1435 NW 4th Street Chapter 15, Article IX-5-120 (D) .lA; Please remove your unregistered/ inoperable motor vehicle from backyard Inspector Melillo stated the case was originally cited on October 31, 2000 through routine neighborhood inspection. Service was accomplished by certified mail and the City recommends 10 days. Motion Based on the testimony and evidence presented in Case No. 00-3032, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Wanda I. Delgado and Domingo Escovil are in violation of Code Sections Chapter 15, Article IX-15-120 (D) .lA of the City Code of Ordinances. 25 Meeting Minutes .... Code Compliance Board Boynton Beach, Florida December 20, 2000 Mr. Lambert moved to order that the Respondents correct the violation on or before January 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. Motion seconded by Mr. Foot. Motion carried 7-0. Case #00-1548 Property Address: Violations: Rodney & Stenio Innocent 45 Flamingo Drive Chapter 15, Article IX-5-120 (D) .lB; Please define driveway on west side of property and keep it weed free Inspector Guillaume stated the case was cited on June 27, 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. 00-1548, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Rodney and Stenio Innocent are in violation of Code Sections Chapter 15, Article IX-15-120 (D) .lB of the City Code of Ordinances. Mr. Lambert moved to order that the Respondents correct the violation on or before January 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. Motion seconded by Mr. Miriana. Motion carried 7-0. Case #00-2240 Property Address: Violations: David W. Nicholls 3130 Orange Street Chapter 15, Article IX-5-120 (D) 1, Inc.; Please remove all storage items from carport; vehicle has to be registered and operable or removed; install sod in the dead areas of yard to achieve a uniform green appearance to comply Inspector Guillaume stated the property was cited on September 7, 2000 through routine neighborhood inspection. Service was accomplished by posting and the City recommends 30 days. 26 Meeting Minutes ~* ~ Code Compliance Board Boynton Beach, Florida December 20, 2000 Motion Based on the testimony and evidence presented in Case No. 00-2240, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that David W. Nicholls is in violation of Code Sections Chapter 15, Article IX- 15-120 (D)I, Inc. of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violation on or before January 15, 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. Motion carried 7-0. Case #00-2261 Property Address: Violations: Anthony and Linda Giovinazzo 3260 Orange Street Chapter '15, Article IX-5-120 (D) 1, Inc.; Please de-weed driveway and also install sod in dead areas of yard to achieve a uniform green appearance to comply with City Code Inspector Guillaume stated the property was cited on September 11, 2000 through routine neighborhood inspection. Service was made by certified mail and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-2261, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Anthony and Linda Giovinazzo are in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc. of the City Code of Ordinances. Mr. Lambert moved to order that the Respondents correct the violation on or before January 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. Motion seconded by Mr. Miriana. Motion carried 7-0. Case #00-2612 Property Address: Violations: Raymond J. & Linda Torres 2850 Ocean Parkway Section 10-2 B.B.C. of Ord.; Yard and swale overgrown; please mow and de-weed to comply with City Code 27 Meeting Minutes ~ Code Compliance Board Boynton Beach, Florida December 20, 2000 Inspector Guillaume stated the property was cited on October 4, 2000 through routine inspection. The violators are repeat violators. Service was accomplished by posting and the City recommends 10 days. Motion Based on the testimony and evidence presented in Case No. 00-2612, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Raymond J. and Linda Torres are in violation of Code Sections 10-2 B.B.C. of Ordinances. Mr. Lambert moved to order that the Respondents correct the violation on or before January 15, 2001. If the Respondents do not comply with this Order, a fine in the amount of $50.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana. Motion carried 7-0. Case #00-2995 Property Address: Violations: Raymond J. & Linda Murphy-Torres 2351 NW 1st Street Chapter 15, Article IX-15-120 (B).I and 13-16 B.B.C. of Ord.; Please mow and de-weed yard and swale areas; an occupational license is required to rent house Inspector Guillaume stated the property was cited on October 31, 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. 00-2995, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Raymond J. and Linda Murphy-Torres are in violation of Code Sections Chapter 15, Article 1×-15-120 (B).I and 13-16 B.B.C. of Ordinances. Mr. Lambert moved to order that the Respondents correct the violation on or before January 15, 2001. If the Respondents do not comply with this Order, a fine in the amount of $50.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Walsh. Motion carried 7-0. 28 Meeting Minutes ' - Code Compliance Board Boynton Beach, Florida December 20, 2000 Case #00-1873 Property Address: Violations: Maxime Yves 112 SW 14th Avenue Chapter 15, Article IX-15-120 (D)I, Inc.; Please mow, de-weed and trim overgrown property; remove all trash, debris and outdoor items; sod needs to be planted in dead areas of the yard Inspector Lewis stated the property was originally cited on July 26, 2000. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-1873, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Maxime Yves is in violation of Code Sections Chapter 15, Article IX-15- 120 (D) 1, Inc. of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violation on or before January 15, 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. Motion carried 7-0. Case #00-2176 Property Address: Violations: Charles R. Henning, Sr. 134 SE 8th Avenue Chapter 15, Article IX-15-120 (D)I, Inc., 20-6 B.B.C. of Ord; Please mow, de-weed and trim overgrown property; boat must be stored on the driveway, side or back of house; inoperative automobiles need to be removed Inspector Lewis stated the property was cited on August 30, 2000. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-2176, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Charles R. Henning, Sr. is in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc. and 20-6 B.B.C. of Ordinances. Mr. Lambert moved to order that the Respondent correct the violation on or before January 15, 2001. 29 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 20, 2000 If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. Motion carried 7-0. Case #00-2181 Property Address: Violations: Sadrac J. Baptiste 338 SW 9th Avenue Chapter 15, Article IX-15-120 (D)I, Inc.; Please mow and trim and de- weed overgrown property; grass needs to be planted in dead areas of the yard; remove inoperative autos from the property Inspector Lewis stated the property was originally cited on August 30, 2000. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-2181, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Sadrac J. Baptiste is in violation of Code Sections Chapter 15, Article IX- 15-120 (D) 1, Inc. of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violation on or before January 15, 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. Case #00-2359 Property Address: Violations: Robert and Veronica J. Warke 340 SW 10th Avenue Chapter 15, Article IX-15-120 (D)I, Inc., 10-52 B.B.C. of Ord; Sod needs to be installed in dead areas of the front yard and swale; please remove all unregistered/inoperative vehicles from the property Inspector Lewis stated the property was originally cited on September 14, 2000. Inspector Lewis stated that the owner called him and asked for 90 days for the grass due to the fact that he was having financial problems. The owner agreed to get a current tag for the vehicle right away. The City recommends 60 days. 30 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 20, 2000 Motion Based on the testimony and evidence presented in Case No. 00-2359, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Robert and Veronica J. Warke are in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc. and 10-52 B.B.C. of Ordinances. Mr. Foot moved to order that the Respondents correct the violation 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. Motion carried 7-0. Case #00-2554 Property Address: Violations: John W. Burns 131 SW 1st Avenue Section 13-16 B.B.C. of Ord; Rental apartments require final inspection to obtain an occupational license Inspector Lewis stated the property was originally cited on October 3, 2000. The City recommends 60 days. Motion Based on the testimony and evidence presented in Case No. 00-2554, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that John W. Burns is in violation of Code Sections 13-16 B.B.C. of Ordinances. Mr. Lambert moved to order that the Respondent correct the violation 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. Motion carried 7-0. Case #00-2555 Property Address: Violations: John W. Burns 127 SW 1st Avenue Section 13-16 B.B.C. of Ord; Rental apartments require final inspection for an occupational license Inspector Lewis stated the property was originally cited on October 3, 2000. The City recommends 60 days. 31 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 20, 2000 Motion Based on the testimony and evidence presented in Case No. 00-2555, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that John W. Burns is in wolation of Code Sections 13-16 B.B.C. of Ordinances. Mr. Lambert moved to order that the Respondent correct the violation 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. Motion carried 7-0. Case #00-2775 Property Address: Violations: Frank & Christina Bruno 141 SW 13th Avenue SBC '97 ED 105.6; Permit #99-3200 requires inspections; see copy of red tag dated September 19, 2000 and contact Building Division Inspector Lewis stated that the property was originally cited on October 16, 2000. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-2775, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Frank and Christina Bruno are in violation of Code Sections SBC '97 ED 105.6 of the City Code of Ordinances. Mr. Foot moved to order that the Respondents correct the violation on or before January 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. Motion seconded by Ms. Zibelli. Motion carried 7-0. Case #00-0927 Property Address: Violations: Ollie M. Farrington 415 NW 13th Avenue Chapter 15, Article IX-15-120 (D) .lB and 120 (D) 1.E; Install sod in yard and repair fence Inspector Webb stated the property was originally cited on April 25, 2000 through routine neighborhood inspection. Service was obtained by hand carry and the City recommends 30 days. 32 Meeting Minutes ~ ~ Code Compliance Board Boynton Beach, Florida December 20, 2000 Motion Based on the testimony and evidence presented in Case No. 00-0927, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Ollie M. Farrington is in violation of Code Sections Chapter 15, Article I×- 15-120 (D) .lB and 120 (D) 1.E of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violation on or before January 15, 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 Mr. Miriana. Motion carried 7-0. Case #00-1256 Property Address: Violations: Art Krell 521 NE 2nd Street Section 13-16; Occupational is required for rental property license Inspector Webb stated the property was originally cited on May 17, 2000 through routine neighborhood inspection. Service was obtained by posting and the City recommends 10 days. Motion Based on the testimony and evidence presented in Case No. 00-1256, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Art Krell is in violation of Code Sections 13-16 B.B.C. of Ordinances. Mr. Lambert moved to order that the Respondent correct the violation on or before January 10, 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. Motion carried 7-0. Case #00-2406 Property Address: Violations: A. Coleman, Jr. 433 NW 5th Avenue Chapter 15, Article IX-15-120 (D) .lA, PT3-LDR, Chapter 2, Section 4.J.1 and 4.J.2, and 10-3 B.B.C. of Ord.; Please remove all trash and debris from rear property that are hurricane hazards; remove non-permitted fence and shed; remove inoperative and 33 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 20, 2000 unregistered vehicle; barbed wire is not allowed in residential area Inspector Webb stated the property was originally cited on September 26, 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. 00-2406, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that A. Coleman, Jr. is in violation of Code Sections Chapter 15, Article IX- 15-120 (D) .lA, PT3-LDR, Chapter 2, Section 4.J.1 and 4.J.2, and 10-3 B.B.C. of Ordinances. Mr. Lambert moved to order that the Respondent correct the violation on or before January 15, 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 carded 7-0. Case #00-2430 Property Address: Violations: James Mathis Est. 321 NW 2nd Street Chapter 15, Article IX-15-120 (B) .1; Property owner is responsible for 1/2 of right-of-way behind property Inspector Webb stated that the property was originally cited on September 26, 2000 through a citizen's complaint. Service was obtained by posting and the City recommends 10 days. Motion Based on the testimony and evidence presented in Case No. 00-2430, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that James Mathis Estate is in violation of Code Sections Chapter 15, Article IX-15-120 (B) .1 of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violation on or before January 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. Motion carried 7-0. 34 Meeting Minutes .... Code Compliance Board Boynton Beach, Florida December 20, 2000 Case #00-2553 Property Address: Violations: Lucio and Maria V. Garcia 519 N. Seacrest Blvd. Chapter 20, LDR Article VIII 2, Inc.; SBC '94 3401.6 and SGC '97 305 See copies of red tags (2) dated September 27, 2000; Remove illegal diamond mesh from all windows; replace all rotten wood; repair all plumbing fixtures as needed; outside plumbing was repaired without permit; replace all broken windows; gas tanks need to be hard wired; sod all bare areas; repair all holes in walls and ceiling; cover all exposed hot wires; remove all loose trash and debris; all windows and doom must be weather tight and waterproof; all hardware must be in good working order Inspector Webb stated the property was originally cited on October 3, 2000 through a citizen's complaint. Service was obtained by certified mail and staff recommends 30 days. Inspector Webb stated there already are liens on the property and that the respondents were using a washing machine hose to run the gas into the house. Mr. Lambert felt that this was a safety issue that should be addressed. Motion Based on the testimony and evidence presented in Case No. 00-2553, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Lucio and Maria V. Garcia are in violation of Code Sections Chapter 20, LDR Article VIII 2, Inc.; SBC '94 3401.6 and SGC '97 305 1.1 of the City Code of Ordinances. Mr. Lambert moved to order that the Respondents correct the violation on or before January 1, 2001. If the Respondents do not comply with this Order, a fine in the amount of $100.00 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. Walsh. Motion carried 7-0. Case #00-2791 Property Address: Violations: Raymond J. & Linda Murphy-Torres 407 NW 13th Avenue Chapter 15, Article IX-15-120 (D) Inc., NEC 384.13, PT3-LDR, Chapter 20- 35 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 20, 2000 VIII, Section 1.1, Chapter 20-VIII, Section 2.A, Chapter 20, VIII, Section 2.B, Chapter 20-VIII, Section 2.C, Chapter 20-VIII, Section 2.E; Chapter 20, VIII, Section 2.F; Chapter 20-VIII, Section 2.H; Chapter 20-VIII, Section 2.G; SFPC '91 603.2; 10-2 and 10-3 B.B.C. of Ord.; Dwelling unit does not meet minimum standards governing the conditions of structures; the violations include exterior site deficiencies, including loose trash, sub-standard landscaping; all doors and windows need repairs and screens to meet code; all plumbing fixtures, appliances, electrical outlets and fixtures, as well as cabinets, interior walls, ceilings and doors must be repaired per code; panel boards must be labeled; and all units must be equipped with fire extinguishers, smoke detectors, and exterior lights. Also, the building is in need of insect and rodent extermination. Inspector Webb stated the property was originally cited on October 18, 2000 through routine neighborhood inspection. Service was accomplished by certified mail and staff recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-2791, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Raymond J. and Linda Murphy-Torres are in violation of Code Sections Chapter 15, Article IX-15-120 (D) Inc., NEC 384.13, PT3-LDR, Chapter 20-VIII, Section 1.1, Chapter 20-VIII, Section 2.A, Chapter 20, VIII, Section 2.B, Chapter 20-VIII, Section 2.C, Chapter 20-VIII, Section 2.E; Chapter 20, VIII, Section 2.F; Chapter 20-VIII, Section 2.H; Chapter 20-VIII, Section 2.G; SFPC '91 603.2; 10-2 and 10- 3 B.B.C. of Ordinances. Mr. Foot moved to order that the Respondents correct the violation on or before January 15, 2001. If the Respondents do not comply with this Order, a fine in the amount of $50.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the 36 Meeting Minutes .... Code Compliance Board Boynton Beach, Florida December 20, 2000 property to verify compliance with this Order. Motion seconded by Mr. Walsh. Motion carried 7-0. Case #00-2867 Property Address: Violations: Mobil Oil Corp. & Mobil Admin. 290 N. Congress Avenue SBC '94 ED 104.1.1; See copy of red tag dated October 25, 2000 Inspector Webb stated the property was originally cited on October 26, 2000 and service was obtained by certified mail. The City recommends 10 days. Motion Based on the testimony and evidence presented in Case No. 00-2867, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Mobil Oil Corp. and Mobil Administration are in violation of Code Sections SBC '94 ED 104.1.1 of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violation on or before January 1, 2001. If the F~espondent 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. Motion seconded by Mr. Foot. Motion carried 7-0. Case #00-2561 Property Address: Violations: Philippe & Antonie C. Jean 120 S. Atlantic Dr. W. Chapter 15, Article IX-15-120 (D), Inc., 10-2 B.B.C. of Ord.; Please mow yard and de-weed; install and maintain sod in yard Inspector Cain stated the property was cited on October 3, 2000. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-2561, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Philippe and Antonie C. Jean are in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc. and 10-2 B.B.C. of Ordinances. Mr. Lambert moved to order that the Respondent correct the violation on or before January 15, 2001. If the Respondent does not comply with this Order, a fine in the of $25.00 per day, plus administrative costs shall be imposed, The Respondent is further ordered to contact the City of Boynton Beach Code 37 Meeting Minutes .... Code Compliance Board Boynton Beach, Florida December 20, 2000 Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana. Motion carried 7-0. Case #00-2566 Property Address: Violations: Joseph B. and Marie Estella 128 S. Atlantic Dr. W. Chapter 15, Article IX-15-120 (D), Inc., 10-3 B.B.C. of Ord.; Please remove all unregistered vehicles from property; remove all trash and debris; repair fence; antennae on house could become a hurricane hazard--please repair Inspector Cain stated the property was cited on October 3, 2000. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-2566, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Joseph B. & Marie Estella are in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc. and 10-3 B.B.C. of Ordinances. Mr. Lambert moved to order that the Respondent correct the violation on or before January 15, 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. Midana. Motion carried 7-0. Case #00-2654 Property Address: Violations: Raymond & Linda-Murphy Torres 2801 NE 4th Street Chapter 15, Article IX-15-120 (D), Inc., 10-3 B.B.C. of Ord.; Please repair fence or take it down Inspector Cain stated the case was originally cited on October 5, 2000. City recommends 14 days. Motion Based on the testimony and evidence presented in Case No. 00-2654, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Raymond J. and Linda Murphy-Torres are in violation of Code Sections Chapter 15, Article IX-15-120 (D) Inc. of the City Code of Ordinances. Mr. 38 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 20, 2000 Lambert moved to order that the Respondents correct the violation on or before January 3, 2001. If the Respondents do not comply with this Order, a fine in the amount of $50.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. Motion carried 7-0. Case #00-2866 Property Address: Violations: Pamela Feldman Viamontes 64 Vista Del Rio SBC '97 ED 105.6; Final inspections required; see copy of red tag dated September 21, 2000 Inspector Cain stated the property was originally cited on October 26, 2000. The City recommends 14 days. Motion Based on the testimony and evidence presented in Case No. 00-2654, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Pamela Feldman Viamontes is in violation of Code Sections SBC '97 ED 105.6 of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violation on or before January 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. Motion seconded by Mr. Miriana. Motion carried 7-0. Case #00-2868 Property Address: Violations: Miguelina & Nelson Serrano 3025 Ocean Parkway SBC '97 ED 104.1.1; Permit required to enclose front porch. Inspector Cain stated the case was originally cited on October 26, 2000. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-2868, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Miguelina and Nelson Serrano are in violation of Code Sections SBC '97 ED 104.1.1 of the City Code of Ordinances. Mr. Lambert moved to order that the Respondents correct the violation on or before January 15, 2001. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per 39 Meeting Minutes ~ Code Compliance Board Boynton Beach, Florida December 20, 2000 day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. Motion carried 7-0. Case #00-2871 Property Address: Violations: Alejandro & Gloria Zavala 114 Arthur Court Chapter 15, Article IX-15-120 (D), Inc.; Please de-weed driveway on west side Inspector Cain stated the property was originally cited on October 26, 2000. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-2871, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Alejandro and Gloria Zavala are in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc. of the City Code of Ordinances. Mr. Lambert moved to order that the Respondents correct the violation on or before January 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. Motion seconded by Mr. Foot. Motion carried 7-0. LIEN PENALTY CERTIFICATIONS Case #00-1922 Seashore Industries, Inc. 2032 Major Drive West Palm Beach, FL 33415 513 N. Federal Hwy Inspector Cain stated the notice of violation was dated August 2, 2000 for violation of a permit being required. 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 complied on December 11, 2000 for 27 days of non-compliance. Mr. Foot asked what the City would recommend and Inspector Cain said he would recommend no fine since the issue was only for a permit being required and the permit was issued on November 1st, but the respondent didn't pick it up on time. 40 Meeting Minutes ~' Code Compliance Board Boynton Beach, Florida December 20, 2000 Motion Based on the testimony and evidence presented in Case No. 00-1922, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondent Seashore Industries, Inc. was in violation of Code Sections SBC '97 ED 104.1.1, 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 or administrative costs. Motion seconded by Mr. Foot and carried 7-0. Case #00-1520 Angel Mercado 3234 Ocean Parkway Inspector Guillaume stated the original violation date was June 21,2000. No one appeared at the Code Compliance Board Hearing on October 18, 2000. A compliance date of November 13, 2000 was set or be fined $25.00 per day. The property complied on December 8, 2000 for 24 days of non-compliance. The City recommends no fine. Motion Based on the testimony and evidence presented in Case No. 00-1520, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondent Angel Mercado was in violation of Code Sections SBC '97 ED 104.1.1, 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 or administrative costs. Motion seconded by Mr. Walsh and carried 7-0. Case #00-2291 Joseph & Phyllis Garcon 2451 NW 2nd Street Inspector Guillaume stated the property was cited on September 12, 2000 for Occupational License required. 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. 00-2291, 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 Joseph and Phyllis Garcon have 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 Respondents come 41 Meeting Minutes '~ Code Compliance Board Boynton Beach, Florida December 20, 2000 into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Walsh and carried 7-0. Case #0-2379 Joseph Thomas & Fritz Germinor 155 NE 16th Avenue Inspector Melillo stated the notice of violation was dated September 20, 2000 for violation of the Community Appearance Code. No one appeared at the Code Compliance Board Hearing on November 15, 2000. A compliance date of November 27, 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. 00-2379, 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 Joseph Thomas and Fritz Germinor 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 into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Miriana and carried 7-0. Case #00-1961 J. & Willie Mae Murray 545 NW 11 th Ave. Inspector Pierre stated the notice of violation was dated August 3, 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 complied on December 5, 2000 for 21 days of non-compliance. The City recommends no fine. Motion Based on the testimony and evidence presented in Case No. 00-1961, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondents, j. and Willie Mae Murray were 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 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 or administrative costs. Motion seconded by Mr. Foot and carried 7-0. Case #00-2104 Deborah & Fabian Robinson 310 NW 6th Avenue 42 Meeting Minutes ..... Code Compliance Board Boynton Beach, Florida December 20, 2000 Inspector Pierre stated the notice of violation was dated August 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 complied on December 11,2000 for 27 days of non-compliance. The City recommends no fine. Motion Based on the testimony and evidence presented in Case No. 00-2104, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondent Deborah and Fabian Robinson were 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 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 or administrative costs. Motion seconded by Mr. Walsh and carried 7-0. Case #00-925 Valoria Brown & Robert Jones 411 NW 13th Ave. Inspector Webb stated the notice of violation was dated April 25, 2000 for violation of the Community Appearance Code. No one appeared at the August 16, 2000 Code Compliance Board Hearing. A compliance date of September 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. 00-925, 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 Valoria Brown & Robert Jones have violated this Board's prior Order of August 16, 2000, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Foot and carried 7-0. Case #00-1401 Willie & Julia Clark 429 NW 3rd Avenue Inspector Webb stated the violation was dated June 5, 2000 for violation of the Community Appearance Code. The respondent did appear at the August 16, 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 December 18, 2000 for 34 days of non-compliance. Inspector Webb recommended that the respondent be fined, since this is the 46th time that respondent has been cited. 43 Meeting Minutes Code Compliance Board Boynton Beach, Florida December20,2000 Motion Based on the testimony and evidence presented in Case No. 00-1401, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondent Willie and Julia Clark were in violation of Code Sections Chapter 15, Article IX- 15-120 (D) 1.A, subsequent to the date of compliance specified in this Board's Order of August 16, 2000. Mr. Lambert moved that this Board find that the Respondent failed to comply with this Board's Order and that this Board impose and certify a fine representing the administrative costs in the amount of $730.15. Motion seconded by Mr. Foot and carried 7-0. D. FORECLOSURES Case #00-993 Case #99-3039 Case #99-3040 Case #00-630 Case #00-407 Case #00-481 Pierre Burnette L. Augustin & J. Joseph Anthony & Patricia Dolphin Jane Appelman Eckols 76 Ltd. J. Bouchard & J. Sylvain Motion Mr. Foot moved that the above cases listed on tonight's Agenda be forwarded to the City Attorney's Office for foreclosure. Motion seconded by Mr. Lambert and unanimously carried. LIEN REDUCTION Case #97-3029 Wadell White/ Anthony McCray 431 NW 6th Avenue Mr. Blasie stated the respondent requested that the case be tabled until the next Code Compliance Board meeting. Motion Mr. Foot moved that Case No. 97-3029 be tabled until the Code Compliance Board Meeting to be held on January 17, 2001. Motion seconded by Mr. Lambert and carried 7-0. 44 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 20, 2000 VII. ADJOURNMENT Thero being no further business, the meeting properly adjourned at 10:15 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (3 tapes) 45