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Minutes 11-15-00MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN CONFERENCE ROOM C, WEST WING CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, NOVEMBER 15, 2000 at 7:00 P.M. PRESENT Patti Hammer, Vice Chairperson Robert Foot Dick Lambert James Miriana Enrico Rossi Sarah Williams Thomas Walsh, Voting Alternate Dee Zibelli, Alternate ABSENT Chris DeLiso, Chairman Nicholas Igwe, Assistant City Attorney Scott Blasie, Code Compliance Administrator Inspectors: Courtney Cain Luney Guillaume Skip Lewis Mike Melillo Vestiguerne Pierre Sunny Surajbally Willie Webb I. CALL TO ORDER In the absence of Chairman DeLiso, Vice Chair Hammer presided and called the meeting to order at 7:03 p.m. II. APPROVAL OF MINUTES OF OCTOBER 18, 2000 MEETING Motion Mr. Foot moved that the minutes of the October 18, 2000 meeting be approved. Motion seconded by Ms. Williams. Mr. Miriana stated that on Page 16 and on Page 42 the motions were both made and seconded by Ms. Williams. Mr. Foot said that he was the one who seconded the motions. The Recording Secretary stated she would correct the motions. Mr. Foot inquired if Mr. Blasie reviewed the minutes. Mr. Blasie stated he had reviewed the minutes. Motion carried 7-0. Meeting Minutes ~ Code Compliance Board Boynton Beach, Florida November 15, 2000 III. APPROVAL OF AGENDA Vice Chair Hammer asked Mr. Blasie if there were any additions or deletions to the Agenda? Mr. Blasie requested the addition under Item VI.D, review of Mr. Blasie's memorandum dated October 23, 2000 to the City Manager regarding lien reduction procedures. The following cases should be removed or deleted from the agenda: A. Page 1 (Case 00-11159), Amerigas Propane Ltd. Partner Mr. Blasie requested that this case be removed permanently from the Agenda because the Utilities Departments will be addressing the problem with the swale and the Code Department has determined that the case should be closed. Attorney Igwe replied that it was permissible to remove the case from the agenda. D. E. F. I. J. K. L. O. P. Q. R. S. U. V. W. Page 2 (Case No. 00-3180), Fontana Plaza, Dwayne Cornelius & Orbit (removed) Page 11 (Case No. 00-2354), Guy Estrella (complied) Page 14 (Case No. 00-2402), Edwina & Tyrone Small, Sr. Page 19 (Case No. 00-1256), Art Krell (removed) Page 22 (Case No. 00-2492), Herald AItidor & Mytil LeBlanc (complied) Page 24 (Case No. 00-1491), Francois Mercidieu, Paula Louis & Dor Saintfleur (removed) Page 25 (Case No. 00-1596), Francois Molaire (removed) Page 33 (Case No. 00-2353), Arthur Amisial (complied) Page 35 (Case No. 00-2581), J. & Irene Giovinazzo (complied Page 36 (Case No. 00-2728), Annette Harrell (removed) Page 37 (Case No. 00-1406), The Crossings of Boynton Beach (complied) Page 38 (Case No. 00-1590), Houssam & Marcie Tannous (removed) Page 40 (Case No. 00-1786), Rick Calpitano (removed) Page 43 (Case No. 00-2197), James & Donna Baggett (complied) Page 44 (Case No. 00-2298), Richard McMillan (complied) Page 45 (Case No. 00-2299), Sellers Only, Inc. (removed) Page 46 (Case No. 00-2315), Maria Prows (removed) Page 47 (Case No. 00-2386), Joseph & Andriana Spinelli (removed) Page 49 (Case No. 00-2471), Malverne Brice (complied) Page 51 (Case No. 00-2544), Nunzia Mazzocchia (complied) Page 53 (No. 00-2703) ,Marie M. & Marie L. Adolphe (removed) Page 64 (No. 00-1611), Scott Derrin (removed) 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 15, 2000 Motion Mr. Lambert moved that the Agenda, as amended, be approved. seconded by Ms. Williams, which carried unanimously. Motion Mr. Foot.said he would like added to tonight's agenda or to a future agenda discussion on alternatives to the Board's current structure and to consider the use of Masters, which is done in other municipalities. Mr. Foot would like this Board to consider making a recommendation to the City Commission to adopt this change. Attorney Igwe inquired if Mr. Foot intended to abolish the Board. Mr. Foot said he would like to have a Special Master hear the case at the initial citing. Attorney Igwe then inquired what would be the duty of this Board and Mr. Foot suggested that the Board would hear the cases that were not brought into compliance. Attorney Igwe pointed out that the Code already permits the appointment of a Special Master, but the City has chosen not to use a Special Master. Attorney Igwe said it could be placed on the agenda for discussion and if there was a consensus among the members to adopt this procedure then the issue could proceed further. Motion Mr. Foot moved that the agenda be further amended to include a discussion for the use of a Special Master. Motion seconded by Mr. Lambert and unanimously carried. IV. SWEARING IN OF WITNESSES AND INTRODUCTION Vice Chair Hammer 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. V. NEW BUSINESS Vice Chair Hammer requested that the Recording Secretary administer the oath to all persons who would be testifying this evening. Vice Chairman Hammer explained that this Board has a plea system in place and when taking the podium a person should state their name and address for the record. A person can plead "no contest" if he feels that a violation does.exist on the property, but needs time to comply. 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 you will put on Meeting Minutes ..... Code Compliance Board Boynton Beach, Florida November 15, 2000 your case. The Board will then make a determination if a violation does exist on the property. If a violation does occur at your 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 for a fine certification. A. CASES TO BE HEARD Case #00-1571 Pro perty Address: Violations: Anna K. Mathes 719 SE 3rd Street Chapter 15, Article IX-15-120 (E) 2A and 120 (D) 1, Inc.; Please trim overgrown property, hedges, weeds, trees, etc.; swale needs to be kept weed free; house needs to be painted where it has deteriorated; deteriorated shed needs to be repaired or removed; outdoor stored items, trash and debris need to be removed. Inspector Lewis stated the property was originally cited on June 28, 2000. Mr. Andrew Mathes took the podium and stated he was the executor of the estate of Anna K. Mathes and pled no contest and requested 60 days. The City agreed with 60 days. Motion Based on the testimony and evidence presented in Case No. 00-1571, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Anna K: Mathes is in violation of Code Sections Chapter 15, Article IX- 15-120 (E) 2A and 120 (D) 1, Inc. of the City Code 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. Walsh and unanimously carried. Case #00-1571 Property Address: Violations: Peter & Marjorie M. Petri 627 NE 7th Avenue Chapter 15, Article IX-15-120 (D) 1.E; Please sod all dead spots in yard and swale. 4 Meeting Minutes _t Code Compliance Board Boynton Beach, Florida November 15, 2000 Inspector Webb stated the property was originally cited on April 6, 2000 through routine neighborhood inspection. Service was obtained by certified mail. Inspector Webb stated the respondents are present, but have agreed to accept 30 days for compliance. Motion Based on the testimony and evidence presented in Case No. 00-805, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Peter and Marjorie M. Petri are in violation of Code Sections Chapter 15, Article IX-15-120 D 1.E, Inc. of the City Code of Ordinances. Mr. Lambert moved to order that the Respondents correct the violations on or before December 18, 2000. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot and unanimously carried. Case #00-2183 Property Address: Violations: Shelter Solutions, Inc. 404 NW 7th Court Chapter 15, Article IX-15-120 (B) 1 and 1'3-16 B.B.C. of Ord.; Remove paving stones from City right-of-way; an occupational license is needed for rental property. Inspector Webb stated the case was originally cited on August 31, 2000 through routine neighborhood inspection. Mr. Daniel Fuchs, 404 NW 7th Court, Boynton Beach said that the property is not rental property and that he is the owner of the property. Mr. Fuchs said that he never received the notices, because they were sent to his mortgage company, which is Shelter Solutions, Inc. and he was not certain how to plead. Attorney Igwe requested that the record be amended to reflect that Mr. Daniel Fuchs is the owner of the property. Mr. Fuchs stated that his mortgage company just forwarded all the notices to him last week. Mr. Fuchs said if he had known about the violations, he would have addressed them immediately. Also the respondent requested clarification on the violations. Inspector Webb stated the property was originally cited because staff thought the property was rental property. With regard to the pavers, the Code prohibits the alteration of a swale area without permission from the Directors of the Building Department and the Utilities Department. Inspector Webb further stated that while the respondent was laying the pavers he told him that they needed permission and he ignored 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 15, 2000 his advice. The respondent stated that he would obtain a permit. Therefore, the City suggested 30 days for compliance. Mr. Rossi pointed out that the City is concerned about people paving swales because the swales then become impervious. Motion Based on the testimony and evidence presented in Case No. 00-2183, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Daniel Fuchs (Shelter Solutions) is in violation of Code Sections Chapter 15, Article IX-15-120 (B)I of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before December 18, 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 and unanimously carried. Case #00-1844 Property Address: Violations: B.J. & Jacqueline S. Fitzpatrick 3091 Ocean Parkway Section 10-2 and 13-16 B.B.C. of Ord.; Tall weeds and grass must be kept mowed to comply with City Code; Also, occupational license is required to rent house. Inspector Guillaume stated the property was cited on July 26, 2000 through routine neighborhood inspection and service was accomplished by certified mail. The City recommends 30 days. Mr. Brian Fitzpatrick, 270 NE 28th Court, Delray Beach pled no contest and requested four months for compliance. Mr. Fitzpatrick stated that he has applied for the occupational license and would like time to meet with Inspector Guillaume to determine what needs to be done. Vice Chair Hammer inquired if the respondent was renovating the property and he stated he was not. Mr. Lambert asked if the property was currently rented and the respondent stated that it was. Inspector Guillaume stated that the grass has complied and the only item remaining is the occupational license. Inspector Guillaume said that the City recommends 30 days. After discussion, the Board agreed to 60 days. 6 Meeting Minutes ~ Code Compliance Board Boynton Beach, Florida November 15, 2000 Motion Based on the testimony and evidence presented in Case No. 00-1844, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that B.J. and Jacqueline S. Fitzpatrick are in violation of Code Sections 10-2 B.B.C. of Ordinances. Mr. Lambert moved to order that the Respondents correct the violations on or before January 15, 2001. If the Respondents do not comply with this Order, a fine in the amount of $25.00, 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. Midana and unanimously carried. Case #00-1862 Property Address: Violations: B.J. & Jacqueline S. Fitzpatrick 270 NE 28th Court Section 10-2 and 13-16 B.B.C. of Ord.; Yard is overgrown; please mow to comply with City Code; occupational license is required to rent house. Mr. Fitzpatrick stated he thought both cases were being addressed at the same time and that is why he asked for four months. The Respondent requested the same amount of time for this case. Inspector Guillaume stated that the yard has complied. Motion Based on the testimony and evidence presented in Case No. 00-1862, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that B.J. and Jacqueline S. Fitzpatrick are in violation of Code Sections 10-2 B.B.C. of Ordinances. Mr. Lambert moved to order that the Respondents correct the violations 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 and unanimously carried. Case #00-2142 Property Address: Violations: Karen S. Petty, Trustee 3105 Ocean Parkway Chapter 15, Article IX-15-120 (D) I.D; 13-16 B.B.C. of Ord.; Please install sod in the dead areas of yard to achieve a uniform green appearance and comply with City Code. Also, an 7 Meeting Minutes - Code Compliance Board Boynton Beach, Florida November 15, 2000 Occupational License is required to rent house. Inspector Guillaume stated that the property was cited on August 23, 2000 through routine inspection and service was accomplished by certified mail. The City recommends 60 days. Ms. Karen Sue Petty, 311 Fordham Drive, Lake Worth, Florida took the podium and pled not guilty. Inspector Guillaume presented photographs of the property to the respondent and the Board members. Ms. Petty said that she has a sale agreement with Novalene Duval, who is currently living in the property and Ms. Petty stated she is holding the mortgage. The property will close in five years and will go into Ms. Duval's name. Ms. Petty further stated that Ms. Duval receives credit of $100 per month that is being applied to the down payment on the house. Attorney Igwe requested that Ms. Duval assume the podium. Attorney Igwe stated that Ms. Petty is still the legal owner until Ms. Duval meets the requirements of the contract for sale. Attorney Igwe agreed that Ms. Petty is still the legal owner, but this Board could agree to abate the issue. Attorney Igwe said that the respondent should advise Ms. Duval to take care of the property and Ms. Petty stated that Ms. Duval has been taking excellent care of the property. Mr. Blasie added that the current owner by law is required to notify the prospective buyer of these proceedings, as well as the Code Compliance Department. Mr. Lambert pointed out that currently that property is not in compliance with City Ordinances and it is up to Ms. Petty to take care of the property. Mr. Lambert asked if there was a sprinkler system on the property and Ms. Petty stated there was. When she sold the property to Ms. Duval it was newly sodded and felt if the property were regularly watered it would come back. This would probably take about 90 days. Mr. Foot, after viewing the photos, stated that the property needs new sod. Mr. Miriana inquired about the occupational license being required since Ms. Duval is not the legal owner at this point. Vice Chair Hammer asked if the property could be considered rental property. Attorney Igwe said he would not consider it rental property since there is a contract for sale and that an occupational license would not be required. The only item remaining would be the sod. Motion Based on the testimony and evidence presented in Case No. 00-2142, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 15, 2000 law that Karen S. Petty, Trustee is in violation of Code Sections Chapter 15, Article IX-15-120 (D) I.D of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before 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 Ms. Williams. Motion carried 6-1 (Mr. Miriani dissenting.) Mr. Lambert requested that Attorney Igwe research the matter of the occupational license under these circumstances. Attorney Igwe pointed out that the contract was signed in May 1997 before the ordinance came into effect and would not apply in this case. Attorney Igwe said he would check into this further. A copy of the contract for sale was given to the Code Compliance Department for its file. Case #00-2543 Property Address: Violations: Felicia Antoine 3180 E. Atlantic Drive B.B.C.O. 96-40 102.5; Permit #98-5127; See copy of red tag dated September 20, 2000. Inspector Cain stated the property was cited on September 20, 2000 for an unsafe system. Service was accomplished by certified mail and the City recommends 10 days. Inspector Cain said the respondent had been present earlier, but had to leave. Inspector Cain stated the respondent agreed to the 10 days. Mr. Foot inquired what the unsafe system was? Inspector Cain stated that the meter can on the outside of the house is being supported by a piece of plywood and is blocked by a tree. Motion Based on the testimony and evidence presented in Case No. 00-2543, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Felicia Antoine is in violation of Code Sections B.B.C.O. 96-40 102.5 of the City Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violations on or before November 27, 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. Walsh and unanimously carried. 9 Meeting Minutes -~ Code Compliance Board Boynton Beach, Florida November 15, 2000 VI. OLD BUSINESS LIEN REDUCTIONS Case No. 99-2474 Tonnessa Laroque Moishe Shemesh 2510 NE 4th Court Mr. Blasie stated that the property was originally cited on September 29, 1999 for violations of the Land Development Regulations for an unsecured dwelling. The house was vacant and there was overgrown grass and weeds, as well as trash and debris. The case first came before the Code Compliance Board on November 17, 1999 and no one appeared. A compliance date of December~ 13, 1999 was set or be fined $25.00 per day. The property complied on October 24, 2000 for 315 days of non-compliance, which comes to a total fine of $7,875 plus $634.12 in administrative costs. Mr. Blasie presented photographs that were taken on November 16, 1999 and November 15, 2000. The respondent agreed that the photographs were photos of his property. Mr. Moishe Shemesh, 224 Holiday Drive, Hallandale, Florida and Mr. Marty Weisberg, 859 East Jeffrey Street, Boca Raton, Florida said that they were holders of the note on the property previously owned by Ms. Laroque. Mr. Weisberg stated that Ms. Laroque purchased the property in September 1999 and never made a payment on the mortgage and left town. They purchased the note from the mortgage company. Ms. Laroque was given the choice of either signing the property over to them or they would continue with the foreclosure. As soon as Ms. Laroque signed the property over, they went in and cleaned up the property. Mr. Weisberg said that in order to get a lien reduction hearing, they were required to bring the entire property up to Code and that is why it took them this long to apply for a lien reduction. Mr. Shemesh stated it cost over $5,000 to bring the property into compliance. Mr. Lambert noted that Messrs. Shemesh and Weisberg were never notified and asked how they learned about the liens. Mr. Weisberg stated they discovered the liens when they took the property back. Mr. Lambert asked if they did a title search before they took title to the property and they stated they took title without doing a lien search. Mr. Lambert asked what date the Court gave the property back to Mr. Shemesh and he stated September 29, 2000. Ms. Williams asked if the property is for sale and they informed her that it was. 10 Meeting Minutes - Code Compliance Board Boynton Beach, Florida November 15, 2000 Vice Chair Hammer asked the respondent when they started to make the repairs and they stated shortly after they took title to the property. There was a great deal of damage that had been done to the interior of the house. Mr. Lambert inquired if the respondents ever contacted the Code Compliance Department and Mr. Blasie said there was evidence of correspondence in the file. Attorney Igwe pointed out that a reasonable person would make a diligent search of the public records to determine if there are any liens. If a person fails to make that search, that is his negligence. Motion Based on the testimony and evidence presented in Case No. 99-2474 and having been advised that the Respondents have complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board recommend to the City Commission that the fine instituted in Case No. 99-2474, by virtue of this Board's Order of November 17, 1999, be reduced to a total of $2,000, which includes administrative costs. Motion seconded by Ms. Williams. Motion carried 4-3 (Vice Chair Hammer, Messrs. Miriana and Walsh dissenting). Case #99-502 Roger Banks & Esmeralda Clinton 220 SW 4th Avenue Mr. Blasie stated that the property was originally cited on March 23, 1999 for violation of the City's Community Appearance Code. The case first came before the Board on June 16, 1999 and the respondents did appear. A compliance date of September 13, 1999 was set or be fined $25.00 per day. The property complied on November 7, 2000 for 420 days of non-compliance, which comes to $10,500 in fines, plus $538.27 in administrative costs. Mr. Blasie noted that in the minutes from the June 16, 1999 hearing date, the respondent stated he did not repair the driveway because he thought he might be loosing the house. However, he stated that his wife received some funds and they have obtained permits from the City and he asked for 90 days to extend the driveway, Mr. Blasie presented photographs to the applicant and the Board. Mr. Roger Banks, 220 SW 4th Avenue, Boynton Beach took the podium. Mr. Lambert asked the respondent why he was asking that the fine be reduced and Mr. Banks replied that he had no money. When the property was originally cited, Mr. Banks .said he thought he could get the property fixed in 90 days. However 11 Meeting Minutes ~ Code Compliance Board Boynton Beach, Florida November 15, 2000 because he had filed bankruptcy to save the house, his mortgage payments became too large for him to keep up. He further stated it was through his negligence that he never took care of the sod, but did repair a portion of driveway, but never completed it. Mr. Banks said that he never had enough money to fix the property and he just recently brought the property into compliance by saving some money to move into another place. His attorney suggested that he try to sell the house and that is when he found out there was a lien on the house. Mr. Banks said he has a buyer for the house and unless the house is sold, it will go into foreclosure on November 30th. The respondent also thought that the work that he had done to the house previously was sufficient for compliance and was unaware that the house was not in compliance. He further stated that seeding in the swale never took due to trash pickups and heavy rains. He also said he was not aware that a $25.00 per day fine was running on the property. Mr. Blasie stated that the City received an inquiry from the title company on November 1,2000. Mr. Banks stated that the house is sold, but the only way he can go through with the sale is to get the liens reduced, otherwise it would go into foreclosure and he has no money whatsoever. Mr. Lambert pointed out that whatever this Board finds, the respondent still has to appear before the City Commission. Mr. Foot recommended a total fine of $1,000. Mr. Miriana asked if the respondent had any equity in the house and he stated he had none and that he has filed bankruptcy twice. The respondent stated he would break even if he sold the house. Mr. Banks stated he purchased the property at $64,000 and is selling it for $84,000 and with all the payments for court and closing costs, he would break even or realize around $500.00. Motion Based on the testimony and evidence presented in Case No. 99-502 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, Ms. Williams moved that this Board recommend to the City Commission that the fine instituted in Case No. 99-502, by virtue of this Board's Order of June 16, 1999, be reduced to no fines or administrative costs. Motion seconded by Mr. Walsh. Motion carried 4-3 (Messrs. Foot, Lambert, and Rossi dissenting). RECESS WAS DECLARED AT 8:30 P.M. THE MEETING RECONVENED AT 8:40 P.M. 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 15, 2000 Case #00-2244 Property Address: Violations: Fronrose Luckner & Lazard Jean 401 NW 4th Avenue Chapter 15, Article IX-15-120 (D) 1.D; Please install sod in all bare areas in yard and trim tree. Inspector Pierre said the property was cited on September 7, 2000 through routine neighborhood inspection. Service was accomplished by hand carry and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-2244, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Fronrose Luckner and Lazard Jean are 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 Respondents correct the violations on or before December 18, 2000. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot and unanimously carried. Case #00-2411 Property Address: Violations: Gracie M. Denson 220 NW 6th Avenue Chapter 15, Article IX-15-120 (D) 1, Inc.; Please install sod on south side of driveway and repair or replace driveway. Inspector Pierre said the property was cited on September 26, 2000 through routine neighborhood inspection. Service was accomplished by certified mail and the City recommends 30 days. Mr. Lambert inquired if this was sufficient time to replace a driveway. Inspector Pierre stated he has had no contact with the respondents and they have done nothing to improve their property. Mr. Blasie presented two photographs taken in October and the property still looks the same. Motion Based on the testimony and evidence presented in Case No. 00-2411, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Gracie M. Denson is in violation of Code Sections Chapter 15, Article iX- 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida November15,2000 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 December 18, 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. Walsh and unanimously carded. Case #00-2282 Property Address: Violations: William & Juanita Boatley 1591 NW 3rd Street Chapter 15, Article IX-15-120 (B) .1, 120 (D), Inc.; Please remove green 2- door Lincoln that is inoperable and unregistered; repair driveway; de- weed parking area; fill trash hole and install grass. Inspector Melillo stated that the respondents are repeat offenders and the property has been cited eight times in five years for de-weeding and trash. Service was accomplished by certified mail and the City recommends 30 days. Inspector Melillo stated that the respondents are constantly filling the swale with trash and the City has to pick it up. Mr. Lambert inquired about removal of the vehicle and Inspector Melillo stated that the vehicle has been removed. (Mr. Foot cited motion #4, which is the motion to be used for Repeat Violators) Motion Based on the testimony and evidence presented in Case No. 00-2282, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that William and Juanita Boatley, are in violation of this Board's prior order, dated Mr. Foot moved that a fine in the amount of $100.00 per day be imposed for each day that this repeat violation continues past December 18, 2000. 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. Lambert and unanimously carried. Case #00-2379 Property Address: Violations: Joseph P. Thomas and other 155 NE 16th Avenue Chapter 15, Article IX-15-120 (D) .IA; 1984 tan Datsun pick-up truck, no tag, stored in backyard contrary to 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 15, 2000 City Code; please register vehicle or remove from property. Inspector Melillo stated the property was cited on September 20, 2000 through routine inspection of the neighborhood. Service was accomplished by certified mail and the City recommends 10 days. Motion Based on the testimony and evidence presented in Case No. 00-2379, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law that Joseph Thomas, et al are in violation of Code Sections Chapter 15, Article IX-15-120 (D) .lA of the City Code of Ordinances. Mr. Miriana moved to order that the Respondents correct the violations on or before November 27, 2000. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Walsh and unanimously carried. Case #00-2477 Property Address: Violations: Tanya Hearst-Williams 1551 NW 2nd Lane Chapter 15, Article IX-15-120 (D) .IA; Please remove all loose trash and debris from carport. Inspector Melillo stated that the property was originally cited on September 28, 2000 through routine inspection of the neighborhood. Service was accomplished by certified mail and the City recommends 10 days. Motion Based on the testimony and evidence presented in Case No. 00-2477, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Tanya Hearst-Williams is in violation of Code Sections Chapter 15, Article IX-15- 120 (D) .lA of the City Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violations on or before November 27, 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. Lambert and unanimously carried. 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 15, 2000 Case #00-1615 Property Add ress: Violations: Leonas Deneus and other 332 SW 4th Avenue Chapter 15, Article IX-15-120 (D) 1, Inc.; Please mow, trim and de-weed overgrown yard areas; remove all inoperative, unregistered automobiles; sod needs to be planted in dead areas of the front yard. Inspector Lewis stated the property was originally cited on July 5, 2000. The City recommends 15 days. Motion Based on the testimony and evidence presented in Case No. 00-1615, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Leonas Deneus, et al 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 November 29, 2000. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana and unanimously carried. Case #00-2278 Property Address: Violations: David Ross SE 14th Avenue PT3-LDR-Chapter 23, Article II A-P; Please cease any further parking on the vacant lot; parking lot mUst meet requirements of Chapter 23 LDR, Inc. Inspector Lewis stated the property was originally cited on September 11, 2000 and the City recommends seven days. Motion Based on the testimony and evidence presented in Case No. 00-2278, Mr. Midana moved that this Board find, as a matter of fact, and as a conclusion of law that David Rose is in violation of Code Sections PT3- LDR-Chapter 23, Article II A-P of the City Code of Ordinances. Mr. Midana moved to order that the Respondent correct the violations on or before November 27, 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 16 Meeting Minutes .... Code Compliance Board Boynton Beach, Florida November 15, 2000 arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Lambert and unanimously carried. Case #00-1965 Property Address: Violations: Steve Cooper 3663 S. Federal Hwy. PT3-LDR-Chapter 4, Section '11, and Chapter 7.5-11, Section 5.B; Restore site to plan submitted to City; replace all missing or dead shrubs and grass; repair any holes, car stops and stripe where needed. Inspector Roy stated the property was originally cited on August 3, 2000 through routine inspection. Service was accomplished by certified mail and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-1965, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Steve Cooper is in violation of Code Sections PT3-LDR-Chapter 4, Section 11, and Chapter 7.5-11, Section 5.B of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before December 18, 2000. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Williams and unanimously carried. Case #00-2054 Property Address: Violations: Helen M. Hagen 3307 Fernwood Drive Chapter 15, Article IX-15-120 (D), Inc. and '10-3 B.B.C. of Ord.; repair roof; remove pole structure north side of carport. Inspector Roy stated the property was originally cited on August 15, 2000 through a complaint from a neighbor. Service was accomplished by hand carry and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-2054, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of 17 Meeting Minutes ~ ~- Code Compliance Board Boynton Beach, Florida November 15, 2000 law that Helen M. Hagen is 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 violations on or before December 18, 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 and unanimously carried. Case #00-2436 Property Address: Violations: Richard and Laurie A. Zolnay 168 SE 31st Avenue Section 10-2 B.B.C. of Ord.; overgrowth and de-weed yard. Mow Inspector Roy stated the case was originally cited on September 25, 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. 00-2436, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Richard and Laurie A. Zolnay are in violation of Code Sections 10-2 B.B.C. of Ordinances. Mr. Foot moved to order that the Respondents correct the violations on or before December 18, 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 Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana and unanimously carried. Case #00-2641 Property Address: Violations: Fontana Plaza, Ltd. 3629 S. Federal Highway PT3-LDR, Chapter 21-11, Section 3.D.; See copy of "red tag" dated August 21, 2000 and contact Building Division to resolve; Banners are not allowed in the City--Please remove. Inspector Roy stated the property was originally cited on October 4, 2000 through a red tag from the Building Division. The City recommends 30 days. Motion 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 15, 2000 Based on the testimony and evidence presented in Case No. 00-2641, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law that Fontana Plaza, Ltd. is in violation of Code Sections PT3- LDR-Chapter 21-11, Section 3.D of the City Code of Ordinances. Mr. Miriana moved to order that the Respondent correct the violations on or before December 18, 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. Lambert and unanimously carried. Case #00-1016 Property Address: Violations: Hampton Enterprises, Inc. 101 NE 12th Avenue Chapter 15, Article IX-15-120 (E) 2A and 120 (D) 1, Inc.; paint building; replace windows; de-weed parking lot and install more rock or asphalt. Inspector Webb stated the case was originally cited on May 30, 2000 through routine neighborhood inspection. Service was obtained by posting and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-1016, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Hampton Enterprises, Inc. is in violation of Code Sections Chapter 15, Article IX-15-120 (E) 2A and 120 (D) 1, Inc. of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before December 18, 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 and unanimously carried. Case #00-2422 Property Address: Violations: A. & Willie Mae Hankerson 320 NW 2nd Street Chapter 15, Article IX-15-120 (D) .lA; storage of inoperable and unlicensed vehicles on residential property is not allowed. 19 Meeting Minutes ..... Code Compliance Board Boynton Beach, Florida November 15, 2000 Inspector Webb stated the property was originally cited on September 23, 2000 through routine neighborhood inspection. Service was obtained by certified mail and the City recommends 10 days. Motion Based on the testimony and evidence presented in Case No. 00-2422, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that A. and Willie Mae Hankerson are in violation of Code Sections Chapter 15, Article IX-15-120 .lA of the City Code of Ordinances. Mr. Foot moved to order that the Respondents correct the violations on or before November 27, 2000. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana and unanimously carried. Case #00-1473 Property Address: Violations: Rose H. Gordon 2841 NE 4th Street Chapter 15, Article IX-15-120 (D) 1, Inc. and SBC '97 ED 104.1.1; please repair or replace driveway with concrete or asphalt (permit is required); install sod in yard and swale. Inspector Guillaume stated the case was cited on June 14, 2000. Service was accomplished by posting and the City recommends 30 days. Mr. Foot felt that the respondent would need more time and Inspector Guillaume suggested 60 days,: Motion Based on the testimony and evidence presented in Case No. 00-1473, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Rose H. Gordon is in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc. and SBC '97 ED 104.1.1 of the City Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violations on or before January 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 and unanimously carried. 20 Meeting Minutes - Code Compliance Board Boynton Beach, Florida November 15, 2000 Case #00-2051 Property Add ress: Violations: Ray Heller 2891 NE 4th Street Chapter 15, Article IX-15-120 (D) 1, Inc. and 13-16 B.B.C. of Ord.; please install sod in dead areas of yard to achieve a uniform green appearance; Also, an occupational license is required to rent house. Inspector Guillaume stated the case was cited on August 10, 2000 through routine inspection. Service was accomplished by hand carry and the City recommends 60 days. Motion Based on the testimony and evidence presented in Case No. 00-2051, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Ray Heller. 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 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 and unanimously carried. Case #00-2110 Property Address: Violations: Jaime Pitale 310 Miner Road Chapter 15, Article IX-15-120 (D) 1, Inc.; please install sod in yard and swale to comply with City Code. Inspector Guillaume stated the property was cited on August 21, 2000 through routine neighborhood inspection. Service was accomplished by posting and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-2110, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law that Jaime Pitale is in violation of Code Sections Chapter 15, Article IX-15- 120 (D) 1, Inc. of the City Code of Ordinances. Mr. Miriana moved to order that the Respondent correct the violations on or before December 18, 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 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 15, 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. Foot and unanimously carried. Case #00-2170 Property Address: Violations: Bobby & Kathryn Johnson 31 Ocean Parkway Chapter 15, Article IX-15-120 (E) 2A and 120 (D) 1, Inc.; Please install sod in dead areas of yard to achieve a uniform green appearance; also, paint fascia. Inspector Guillaume stated the case was cited on August 30, 2000 through routine neighborhood inspection. Service was accomplished by certified mail and the City recommends 60 days. Motion Based on the testimony and evidence presented in Case No. 00-2170, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law that Bobby and Kathryn Johnson are in violation of Code Sections Chapter 15, Article IX-15-120 (E) 2A and 120 (D) 1, Inc. of the City Code of Ordinances. Ms. Williams moved to order that the Respondents correct the violations 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. Lambert and unanimously carried. Case #00-2294 Property Address: Violations: Murray Omari 2481 NW 2nd Street Section 13-16 B.B.C. of Ord.; Every rental unit used for residential purposes in the city must be licensed. This includes rental property four units or leSs, including single family, residential rentals, condominiums and mobile homes. Inspector Guillaume stated the property was cited on September 12, 2000. Service was accomplished by hand carry and the City recommends 30 days. Motion 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 15, 2000 Based on the testimony and evidence presented in Case No. 00-2294, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law that Murray Omari is in violation of Code Sections 13-16 B.B.C. of Ordinances. Ms. Williams moved to order that the Respondent correct the violations on or before December 18, 2000. If the Respondent s do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Lambert and unanimously carried. Case #00-2522 Property Address: Violations: Luce Briseus 2621 NE 4th Street Chapter 15, Article IX-15-120 (D).IA; Unlicensed and inoperable vehicle is not allowed on residential property. Inspector Guillaume stated the property was cited on September 29, 2000 through routine neighborhood inspection. Service was accomplished by certified mail and the City recommends 10 days. Mr. Foot asked if this was a repeat violator and Inspector Guillaume stated it' was, (Mr. Foot cited motion #4, which is the motion to be used for Repeat Violators) Motion Based on the testimony and evidence presented in Case No. 00-2522, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Luce Briseus is in violation of this Board's prior order, dated Mr. Foot moved that a fine in the amount of $50.00 per day be imposed for each day that this repeat violation continues past November 27, 2000. The respondent is further ordered to contact the City of Boynton Beach Code Enforcement Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana and unanimously carded. Case #00-1734 Property Address: Violations: Sammy K. & Nancy J. Battle 51 Ocean Parkway Chapter 15, Article IX-15-120 (E) 2B and 120 (D), Inc., 13-16 B.B.C. of Ord.; An occupational license is required to rent house; please de-weed yard and install sod where dead or bare 23 Meeting Minutes ~ ~ Code Compliance Board Boynton Beach, Florida November 15, 2000 spots occur; re-roof is needed due to deterioration; repair hole in living room. Inspector Cain stated the case was originally cited on July 20, 2000. Service was accomplished by certified mail. The roof has complied and the only item remaining is the sod to be installed. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-1734, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Sammy K. and Nancy J. Battle are in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc. of the City Code of Ordinances. Mr. Lambert moved to order that the Respondents correct the violations on or before December 18, 2000. If the Respondent s 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 and unanimously carried. Mr. Foot inquired about the Occupational License. Inspector Cain stated that the owner's mother is living on the property and is not paying rent. Therefore that violation no longer applies. Case #00-1955 Property Address: Violations: T.J. Cunningham 717 NE 10th Avenue Chapter 15, Article IX-15-120 (E) 2A, 120 (D), Inc., 120 (E) 2C; Open storage of appliances is not allowed; please remove stove from property, camper, grille; repair windows, screens; paint building. Inspector Cain stated the case was originally cited on August 3, 2000. violation remaining on the property is the painting of the building. recommends 30 days. The only The City Motion Based on the testimony and evidence presented in Case No. 00-1955, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that T.J. Cunningham is in violation of Code Sections Chapter 15, Article IX- 15-120 (E) 2A of the City Code of Ordinances. Mr. Lambert moved to order that 24 Meeting Minutes "~ Code Compliance Board Boynton Beach, Florida November 15, 2000 the Respondent correct the violations on or before December 18, 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 and unanimously carried. Case #00-2065 Property Address: Violations: Linda & Ra~/mond Torres 2741 NW 2naStreet Chapter 15, Article IX-15-120 (E) 2B, 120 (D) .lA; Please remove stove from front porch; Also, roof is deteriorating; please re-roof house. Inspector Cain stated the property was originally cited on August 16, 2000 through routine inspection of the neighborhood. The City recommends 30 days. Inspector Cain stated that the stove has been removed. The remaining violation is replacement of the roof. Motion Based on the testimony and evidence presented in Case No. 00-2065, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Linda and Raymond Torres are in violation of Code Sections Chapter 15, Article 1×-15-120 (E) 2B of the City Code of Ordinances. Mr. Lambert moved to order that the Respondents correct the violations on or before December 18, 2000. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana and unanimously carried. Case #00-2390 Property Address: Violations: Pierre A. Burnette 3184 Ocean Parkway 10-3 B.B.C. of Ord.; Please remove all toys and debris off of top of house; they are a hurricane hazard. Inspector Cain stated the case was originally cited on September 22, 2000 through a neighborhood complaint. Service was accomplished by certified mail and the City recommends 10 days. 25 Meeting Minutes ' - Code Compliance Board Boynton Beach, Florida November 15, 2000 Motion Based on the testimony and evidence presented in Case No. 00-2390, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Pierre A. Burnette is in violation of Code Sections 10-3 B.B.C. of Ordinances. Mr. Foot moved to order that the Respondent correct the violations on or before November 27, 2000. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Williams and unanimously carried. Case #00-2684 Property Address: Violations: Joseph & Carmen Ogarro 111 Arthur Court Chapter 15, Article IX-15-120 (D), Inc.; Please de-weed the west side of driveway. Inspector Cain stated the property was originally cited on October 9, 2000 and the respondents were present earlier, but had to leave. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-2684, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Joseph and Carmen Ogarro are in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc. of the City Code of Ordinances. Mr. Lambert moved to order that the Respondents correct the violations on or before December 18, 2000. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with 'this Order. Motion seconded by Mr. Foot and unanimously carried. LIEN PENALTY CERTIFICATIONS (TABLED) Case #98-3792 Troy Davis 2216 NE 3rd Court Inspector Melillo stated the notice of violation was dated November 3, 1998 for violation of the Community Appearance Code and Occupational License required. The respondent did appear at the August 18, 1999 Code Compliance Board Hearing and a compliance date of December 20, 1999 was set or be fined 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 15, 2000 $25.00 per day. The property has not complied for 331 days of non-compliance. Inspector Melillo stated the reason it took so long to certify the case was because the respondent tried on two different occasions to obtain assistance from Community Redevelopment and finally did receive assistance the second time. However, the respondent still lost the property. Motion Based on the testimony and evidence presented in Case No. 98-3792, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Lambert moved that this Board find that Troy Davis has violated this Board's prior Order of August 18, 1999, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Miriana and unanimously carried. Case #00-1097 Darvin Russell 1920 N. Seacrest Blvd. Inspector Melillo stated the notice of violation was dated May 3, 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 complied as of today for 58 days of non-compliance. Inspector Melillo stated the property was rental property and the tenant had discontinued paying rent and stole everything in the house, including the air conditioner and left the property. As soon as the owner learned of the violations, he took care of them. The City recommends no fine. Motion Based on the testimony and evidence presented in Case No. 00-1097, Ms. Williams moved that this Board find, as a matter of fact, that the Respondent, Darvin Russell, 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 August 16, 2000. Ms. Williams moved that this Board find that the Respondent failed to comply with this Board's Order, and that this Board impose and certify no fine or administrative costs. Motion seconded by Mr. Lambert. Motion carried 7-0. 27 Meeting Minutes ~ ~ Code Compliance Board Boynton Beach, Florida November 15, 2000 Case #00-808 William Jenkins Estate 612 NE 7th Avenue Inspector Webb stated the property was cited on April 7, 2000 for violation of the Community Appearance Code. No one appeared at the August 16, 2000 meeting. 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. 00-808, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Lambert moved that this Board find that the William Jenkins Estate has 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 Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Ms. Williams and unanimously carried. Case #00-1372 Richard Jones 905 N. Seacrest Blvd. Inspector Webb stated the property was cited on May 31,2000 for violation of the Community Appearance Code. No one appeared at the August 16, 2000 Compliance Board Hearing date. 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. 00-1372, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Lambert moved that this Board find that Richard Jones has violated this Board's prior Order of August 16, 2000, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Foot. Mr. Foot asked if there was good service on this case and Inspector Webb stated there was. Motion carried 7-0. 28 Meeting Minutes Code Compliance Board Boynton Beach, Florida Novemberl$,2000 LIEN PENALTY CERTIFICATIONS Case #00-484 Francis Leichman Corp. 5320 Edgewater Drive Orlando, FL 32810 2481 NW 1st Street Inspector Cain stated the property was cited on March 8, 2000 for violation of the Community Appearance Code. No one appeared at the September 20, 2000 Compliance Board Hearing date. A compliance date of October 16, 2000 was set or be fined $25.00 per day. The property complied on October 30, 2000 for 16 days of non-compliance. Mr. Lambert inquired what the violation was for and Inspector Cain stated a new roof was required. Inspector Cain stated that an eldedy woman occupied the property and she invited Inspector Cain in to look at the inside of the property and he discovered the entire inside of the house was demolished. Currently the respondent corporation owns the property and they never fixed up the property, even though they stated they would. Mr. Foot felt that the City was inconsistent in rendering fines and asked Mr. Blasie why there was not a consistent policy in the Department. Mr. Blasie said it is hard to set policies, because every case is different. In this particular case, Inspector Cain stated he did have contact with the respondent and they ignored him. Meanwhile an elderly lady was occupying the property and was suffering as the result of their indifference. Mr. Blasie responded that even though the neighbors weren't suffering in this particular instance, an eldedy woman was living in sub-standard conditions and the respondent corporation took their time in rectifying the situation. MOtion Based on the testimony and evidence presented in Case No. 00-484, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondent, Francis Leichman Corp., was in violation of Code Sections Chapter 15, Article IX- 15-120 (E) 2.B, 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 a fine in the amount of $400.00 plus administrative costs of $730.15 for a total cost of $1,130.15. Motion seconded by Mr. Foot. Motion carried 7-0. Case #00-1414 Rosalind Morton 2321 NW 1st Street Inspector Guillaume stated the violation was dated June 7, 2000 for violation of the Community Appearance Code. No one aPpeared at the Code Compliance. 29 Meeting Minutes -~' Code Compliance Board Boynton Beach, Florida November 15, 2000 Board hearing date of September 20, 2000. A compliance date of October 16, 2000 was set or be fined $50.00 per day. The property has not yet complied. Motion Based on the testimony and evidence presented in Case No. 00-1414, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Foot moved that this Board find that Rosalind Morton has violated this Board's prior Order of September 20, 2000, and this Board impose and certify a fine in the amount of $50.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Lambert and carried 7-0. Case #00-1550 Raymond & Linda Murphy Torres 5406 Blueberry Hill Avenue Lake Worth, Florida 33463 2850 Ocean Pkwy. Inspector Guillaume stated the notice of violation was dated June 28, 2000 for violation of the Community Appearance Code and Occupational License required. No one appeared at the September 20, 2000 Code Compliance Board Hearing and a compliance date of October 16, 2000 was set or be fined $50.00 per day. The property has not yet complied. Motion Based on the testimony and evidence presented in Case No. 00-1550, 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. Foot moved that this Board find that Raymond and Linda Murphy Torres have violated this Board's prior Order of September 20, 2000, and this Board impose and certify a fine in the amount of $50.00 per day, plus administrative costs, which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Walsh and carried 7-0. Case #00-1554 Raymond & Linda Murphy Torres 5406 Blueberry Hill Avenue Lake Worth, FL 33463 2121 NE 1st Street Inspector Melillo stated the notice of violation was dated June 28, 2000 for violation of the Community Appearance Code. No one appeared at the Septemberi20, 2000 Code Compliance Hearing date and a compliance date of 30 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 15, 2000 October 16, 2000 was set or be fined $50.00 per day. The property has not yet complied. Motion Based on the testimony and evidence presented in Case No. 00-1554, 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. Foot moved that this Board find that Raymond and Linda Murphy Torres have violated this Board's prior Order of September 20, 2000, and this Board impose and certify a fine in the amount of $50.00 per day, plus administrative costs, which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Walsh and carried 7-0. Case #00-1144 Frederick & Arlene Spohrer 811 Chukker Road Delray Beach, FL 33483 315 SE 12th Avenue Inspector Lewis stated the notice of violation was dated May 5, 2000 for violation of the Community Appearance Code. No one appeared at the Code Compliance Board hearing date of September 20, 2000. A compliance date of October 16, 2000 was set or be fined $25.00 per day. The property complied on October 26, 2000 for nine days of non-compliance. Inspector Lewis pointed out that the property is rental property. Motion Based on the testimony and evidence presented in Case No. 00-1144, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondents, Frederick and Arlene Spohrer 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 September 20, 2000. Mr. Lambert moved that this Board find that the Respondents failed to comply with this Board's Order, and that this Board impose and certify a fine in the amount of $224.00 plus administrative costs of $730.15, for a total cost of $954.15. Motion seconded by Mr. Foot. Motion carried 7-0. Case #00-1570 Robert & Mary Ann Davis 707 SE 3rd St. Inspector Lewis stated the property was cited on June 28, 2000 for violation of the Community Appearance Code. No one appeared at the September 20, 2000 Code Compliance Board Hearing date. A compliance date of October 16, 2000 was set or be fined $50.00 per day. The property complied on November 13, 2000 for 27 days of non-compliance. 31 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 15, 2000 Inspector Lewis pointed that the daughter was present tonight, but had to leave. She stated that the property is in her mother's name and that she lives on the property. Also, the property contains rental property and she had trouble with the tenants. She stated that she and her mother have been caring for her grandmother who is in the hospital. Motion Based on the testimony and evidence presented in Case No. 00-570, Mr. Lambert moved that this Board find, as a matter of-fact, that the Respondents, Robert and Mary Ann Davis were in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc. and (E) 2.A, subsequent to the date of compliance specified in this Board's Order of September 20, 2000. Mr. Lambert moved that th.s Board find that the Respondents failed to comply with this Board's Order, and that this Board impose and certify a fine of $634.12 for administrative costs Motion seconded by Mr. Foot. Motion carried 7-0. Memoranda to the City Manager Regarding Lien Reduction Procedures (previously furnished) Mr. Blasie stated the purpose of the memoranda was due to inquiries made by the City Commissioners regarding lien reductions, both past and present. The Commissioners wanted to determine if the Commission had been consistent with this Board's findings. Also, the purpose of the Code Department was discussed and whether or not its purpose is to seek compliance or to make money. Mr. Blasie noted that the memorandum concluded that to make Code Compliance Officers a revenue making mechanism doesn't work and the reasons for this conclusion are contained in his memorandum. Mr. Blasie also provided statistical data as requested and noted that the Department averages a 91% compliance rate and after a respondent appeared before the Board, the compliance rate rose to 94%. These statistics have been fairly consistent since the late 1980s. Last year 445 notices to correct were issued and those notices realized a 96% success rate. These are cases that don't come before this Board and go through the court system. These notices are typically used for violations that can be corrected easily, such as a sign on the sidewalk, trash piles, etc. This civil citation method helps to lessen the Board's caseload. Vice Chair Hammer brought up the issue about the banners at Boynton Landings and noted the case is going to court. Attorney Igwe said that the respondents in this case made an application to the Planning and Development Board for a variance, which in effect means that the court case will probably be abated 32 Meeting Minutes Code Compliance Board Boynton Beach, Florida November '15, 2000 pending the outcome of the P&D Board hearing. The hearing is scheduled for the November 28th meeting. Mr. Blasie reported that he did a phone survey with other municipalities to determine how they handle lien reductions and determined the following: v' All 12 cities surveyed have a procedure that permits people to seek a reduction of a lien. · " Boynton Beach is the only City that collects a non-refundable application fee. · / There are only three other Cities besides Boynton Beach that charge administrative fees. v' Only three other Cities involve the City Commission in the lien redUction process. v' Boynton Beach is the only City that requires the applicant to comply with all Codes before being allowed a lien reduction hearing. -" Most cities only require compliance with the codes that caused the lien. Mr. Rossi inquired about the lien reductions in other cities compared to Boynton Beach. Mr. Blasie reported that he had difficulties when trying to compare data with other cities since it appears that Boynton Beach is the only city that keeps thorough records. The larger cities had consistent caseloads with Boynton Beach's caseloads. However, he was unable to get any statistics on the actual dollar amounts collected. Mr. Lambert inquired if the $25.00 per day assessment is in line with other cities. Mr. Blasie said it is important to stay within Florida Statutes on the three criteria for assessing fines: what efforts has the violator made to comply; has the violator been a problem in the past; and severity of the violation. Mr. Blasie stated when he visited the Delray Beach Code Board meeting, their fine assessments were somewhat on the lower side. Mr. Blasie noted that Delray Beach set a cap on their fines, which is the assessed value of the property. Use of Special Master Mr. Foot reported that he attended a meeting in Boca Raton that used a Special Master who heard only one case and he was informed that Boca Raton doesn't use the Special Master very often because the inspectors work with people to come into compliance within a reasonable period of time. Mr. Foot said this is a process where inspectors can get compliance without having the item placed on the Board's agenda. Mr. Foot feels that it would be beneficial if the other Board members attended meetings presided over by a Special Master. Inspector Roy pointed out that before tonight's meeting, there could have been approximately 160 cases scheduled to appear. However, only 57 new cases appeared on the agenda. The inspectors work the last two weeks before a 33 Meeting Minutes ~ - Code Compliance Board Boynton Beach, Florida November 15, 2000 meeting with the respondents to try to bring the properties into compliance and these people never come before the Board. Mr. Blasie felt it would be worthwhile for Board members to attend other cities' meetings to see how they work. Inspector Melillo reported that the County holds their meetings during the day and they employ both a Code Board and a Special Master. Mr. Blasie further pointed out that the Board does not hear the cases involving vacant lots and towing vehicles in order to keep the caseload down. Mr. Blasie continued that he had also been asked by the City Manager to provide him with other programs that the Code Department is responsible for, which are as follows: v' Demolitions of unsafe structures; v' Removal of abandoned vehicles; v' Vacant lots/house mowing; and v' Trash enforcement. Mr. Blasie stated he concluded his memorandum with a summary and recommendation, which in effect recommends that the City Commission consider not hearing the lien reductions. If you look over the statistics it shows that the City Commission regularly agreed with this Board's findings, and there were only a couple of cases that the City Commission reversed. At the last Commission meeting there was a consensus not to hear the lien reduction cases, but that some type of appeal process should be in place. In order for this change to take effect, a new Ordinance has to be drafted. Mr. Foot inquired if a person appealed a decision of this Board, could the Commission increase the findings. Mr. Blasie stated there was no discussion on this. Attorney Igwe stated that if a person appealed a decision of this Board, the Commission could not fine a person a larger amount than this Board assessed. Mr. Lambert thought this would not prevent a person from appealing since they would have nothing to lose. Inspector Roy pointed out that most people who seek a lien reduction have had their fines reduced by the Board and he did not think that people would wish to appeal this Board's findings. Also, Mr. Blasie felt that the Commission did not wish to hear the cases, because they were not that familiar with them. Although they are provided with copies of the minutes, the minutes are not verbatim and don't state the entire story. It was also pointed out that the Commissions that did hear lien reduction cases in other cities only heard cases over a certain dollar amount. Ms. Zibelli noted that not that many people appeal this Board's findings and some don't even show up at the Commission meetings. Also, if a person does attend the meeting, normally they do not speak. Also, Mr. Blasie pointed out that 34 Meeting Minutes ~ ~- Code Compliance Board Boynton Beach, Florida November 15, 2000 the Commission commended this Board on the work that it does. Mr. Miriana noted that the City Manager gave an excellent report on the Code Compliance Board. VII, ADJOURNMENT There being no further business, Mr. Miriana moved to adjourn. The meeting propedy adjourned at 10:10 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (three tapes) 35