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Minutes 10-18-00MINUTES OFr THE CODE COMPLIANCE BOARD MEETING HELD IN CONFERENCE ROOM C, WEST WING CITY HALL BOYNTON BEACH, FLORIDA ON WEDNESDAY, OCTOBER 18, 2000 at 7:00 P.M. PRESENT Christopher DeLiso, Chair Patti Hammer, Vice Chairperson Robert Foot James Miriana Enrico Rossi Sarah Williams ABSENT Dick Lambert Thomas Walsh, Alternate Dee Zibelli, Alternate Nicholas Igwe, Assistant City Attorney Scott Blasie, Code Compliance Administrator Inspectors: Courtney Cain Luney Guillaume Skip Lewis Richard Lavendure Pete Roy Vestiguerne Pierre Willie Webb Sunny Surajbally I. CALL TO ORDER Chairman DeLiso called the meeting to order at 7:05 p.m. II. APPROVAL OF MINUTES OF SEPTEMBER 20, 2000 MEETING Motion Mr. Foot moved that the minutes of the September 20, 2000 meeting be approved. Motion seconded by Vice Chair Hammer and unanimously carried. III. APPROVAL OFAGENDA Chairman DeLiso asked Mr. Blasie if there were any additions or deletions to the Agenda? Mr. Blasie stated that the following changes should be made to the Agenda. Page 36 (Case 00-1207), Pearlnita Sanders, James & Pearl Walker (complied) Page 45 (Case 00-1844), B.J. & Jacqueline Fitzpatrick (removed) Page 46 (Case 00-1862), B.J. & Jacqueline Fitzpatrick (removed) Chairman DeLiso called for a motion to accept the Agenda, as amended. Meeting Minutes - ~ Code Compliance Board Boynton Beach, Florida October 18, 2000 Motion Vice Chair Hammer moved that the Agenda, as amended, be approved. Motion seconded by Mr. Miriana, which carried unanimously. IV. SWEARING IN OF WITNESSES AND INTRODUCTION Chairman DeLiso requested that Mr. Blasie call the roll. Mr. Blasie asked all persons who were present to state they were "here" when their name was called. V. NEW BUSINESS Chairman DeLiso requested that the Recording Secretary administer the oath to all persons who would be testifying this evening. Chairman DeLiso stated 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 for 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 you will put on 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 #00-1369 Property Address: Violations: Carole Salvage 401 NW 8th Court Chapter 15, Article IX-15-120 (D) 1.E; Please install sod in all bare and dead areas in yard. Inspector Webb stated the case was originally cited on May 31, 2000 through routine neighborhood inspection. Service was obtained by posting and the respondent is present. Ms. Betty Gensman, 401 NW 8th Court, Boynton Beach took the podium and pled no contest. She stated she was the new owner of the property and purchased the property on July 2000. She had a deed in her possession, which was reviewed by Attorney Igwe. The respondent requested one year for Meeting Minutes .... Code Compliance Board Boynton Beach, Florida October 18, 2000 compliance and stated the property consists of a very large lot with no sprinkler system. Ms. Gensman stated they were having financial difficulty since they just purchased the property and could not afford to dig a well for a sprinkler system. Also, she acknowledged that the entire lot needs to be resodded. Chairman DeLiso asked to look at the pictures. The respondent said they knew the property was in this condition when they purchased it and do plan to fix it up, they just need time and money. Also, she stated they were unaware of the Code violations until after they purchased the property. The respondent stated that they plan on fixing up the property beautifully. The respondent inquired if there was anywhere that they could go for financial assistance. Mr. Foot suggested that the respondent could use hoses to water the lawn, utilizing City water and the respondent replied they could not afford to use City water. Also, she noted that most of the lawn is sand and weeds and the property needs to be resodded. Chairman DeLiso suggested that the respondent plant sod and temporarily use City water until they can afford a well. Members discussed the amount of time to allow the respondent to bring the property into compliance. Chairman DeLiso suggested granting the respondent five months and then have the respondent come back. The Board can then determine how much progress has been made. The respondent asked whom she should contact for financial assistance and was referred to Ms. Octavia Sherrod's Office. Chairman DeLiso suggested that the respondent record the deed immediately. Motion Based on the testimony and evidence presented in Case No. 00-1369, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Carole Salvage (Betty Gensman) is in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1,E of the City Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violations on or before March 19, 2001. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Williams and carried 6-0. Case #00-2157 Property Address: Violations: J. and Haydee Soto 112 NW 4th Avenue Chapter 15, Article IX-15-120 (D) .lA; Please remove all debris in carport and west side of driveway to comply with City Ordinances. 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 18, 2000 Inspector Pierre stated the case was originally cited on August 23, 2000 through routine inspection of the neighborhood. Service was accomplished by certified mail. Mr. Joss Soto, 112 NW 4th Avenue, Boynton Beach pled no contest and asked fOr 30 days. Motion Based on the testimony and evidence presented in Case No. 00-2157, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that J. & Haydee Soto are in violation of Code Sections Chapter 15, Article IX-15-120 (D) .lA of the City Code of Ordinances. Vice Chair Hammer moved to order that the Respondents correct the violations on or before November 13, 2000. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code ComplianCe Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Williams and carried 6-0. Case #00-1209 Property Address: Violations: Pat A. Marshall 305 SW 5th Lane SBC '97 Edition 104.1.1; Building permit is required for the glass doors replaced with an exterior wall. All alteration, remodel work done on the interior of the enclosed room requires permits, also electrical, etc. Mr. Pat Marshall, 305 SW 5th Lane, Boynton Beach pled no contest and requested 90 days. The respondent stated that he has contracted with an engineer who is reviewing the permit conditions. The permit has been applied for. Motion Based on the testimony and evidence presented in Case No. 00-1209, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Pat A. Marshall is in violation of Code Sections SBC '97 ED 104.1.1 of the City. Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violations on or before January 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 4 Meeting Minutes ~ Code Comp!iance Board Boynton Beach, Florida October 18, 2000 property to verify compliance with this Order. Motion seconded by Vice Chair Hammer and carried 6-0. Case #00-1931 Property Address: Violations: Jeffrey & Nelva Alvarado 405 W. Ocean Avenue SBC '97 Edition 104.1.1, 104.7.2; See copy of "red tag" dated July 11, 2000 and contact Glen Steg Building Division to resolve. Inspector Lewis stated the case was originally cited on August 2, 2000. Mr. Jeffrey Alvarado, 405 W. Ocean Avenue, Boynton Beach pled no contest and asked for 45 days. Motion Based on the testimony and evidence presented in Case No. 00-1931, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Jeffrey and Nelva Alvarado are in violation of Code Sections SBC '97 ED. 104.1.1 and 104.7.2 of the City Code of Ordinances. Vice Chair Hammer 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. Foot and carded 6-0. Case #00-2179 Property Address: Violations: Carolyn A. and Christopher Smith 115 SW 9th Avenue Chapter 15-1X-15-120 (D) 1, Inc.; Remove all inoperative autos and recreational vehicles from the property; carport needs openly stored items removed; remove trash and debris. Inspector Lewis stated the property was originally cited on August 30, 2000. Mr. Christopher Smith, 115 SW 9th Avenue, Boynton Beach pled no contest. The respondent requested 60 days and stated he removed the vehicles and debris, but he needs to obtain a permit for the hot tub stored in the carport. Inspector Lewis stated that the respondent would not be able to get a permit until he obtains a GFI. Mr. Blasie stated if the respondent cannot get a permit for the hot tub, he will have to remove it. The respondent felt that because the hot tub 5 Meeting Minutes - ' Code Compliance Board Boynton Beach, Florida October 18, 2000 already had a 110 cord, it would be allowed. Mr. Blasie stated this was not permitted because it is located outside. Mr. Blasie inquired if there was water in the hot tub and the respondent stated there was a little water, but it is covered. Mr. Blasie recommended draining the water and giving the respondent 60 days for compliance. Motion Based on the testimony and evidence presented in Case No. 00-2179, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Carolyn A. and Christopher Smith are in violation of Code Sections Chapter 15, Article 1×-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 December 18, 2000. If the Respondents do not comply with this Order, a fine in the amount of $50.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Hammer and carried 6-0. Case #00-2117 Property Address: Violations: Lyle and Barbara Viselman 610 Lakeside Harbor Section 20-6 B.B.C. of Ord; RV parked west of 610 Lakeside Harbor needs a current tag and must be operable. Inspector Cain stated the case was cited on August 21, 2000 through a neighborhood complaint, The City recommends 30 days. Mr. Paul Fitzgerald took the podium and stated he represented the owners who are pleading no contest. The respondent is out of town and did not learn of the violations until a couple of days ago. Mr. Fitzgerald said he is already making arrangements to have the trailer removed. Mr. Fitzgerald stated they needed 90 days. Chairman DeLiso inquired why the respondent was not present and Mr. Fitzgerald stated he was up north. Chairman DeLiso asked what Mr. Fitzgerald's relationship was to the respondent and he stated he was a friend. Attorney Igwe asked Mr. Fitzgerald if he had a power of attorney to act on behalf of the respondent and he stated he is just a friend. Attorney Igwe asked who Ms. Barbara Viselman was and Mr. Fitzgerald stated that was Lyle's mother. Chairman DeLiso inquired if the property was rental property and Mr. Fitzgerald stated it was. 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 18, 2000 Mr. Foot asked why it would take so long to move a vehicle and Mr. Fitzgerald stated they had a tree to be moved and they haven't*found anyone to remove it yet. Inspector Cain stated the tree removal was a different case. Motion Based on the testimony and evidence presented in Case No. 00-2117, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Lyle and Barbara Viselman are in violation of Code Sections 20-6 B.B.C. of Ordinances. Mr. Foot 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. Chairman DeLiso noted that neither respondent signed for the letter. Mr. Blasie stated that the service was still good, because the notice was sent to the proper address and it was signed for. Attorney Igwe also stated that service was good. Mr. Fitzgerald responded that the person who signed the certified receipt was his finance and he has spoken with the owners of the property. Motion carried 5-1 (Vice Chair Hammer dissented). Case #00-1808 Property Address: Violations: Antonia M. Bushell 1628 NE 2nd Court Chapter 15-Article IX-15-120 (D), Inc., 13-16 B.B.C. of Ord.; Please de-weed your driveway; patch holes and install sealer; install grass in yard; please obtain a single family Occupational License. Inspector Roy stated the property was originally cited on July 25, 2000 and service was accomplished by certified mail. Ms. Luce Briseus, 104 SE 31st Avenue, Boynton Beach took the podium by mistake, which was determined later, because she thought this was her case. Inspector Roy stated that the Occupational License was no longer an issue. Ms. Briseus stated that this was her brother-in-law's property. She pled no contest and asked for 60 days. 7 Meeting Minutes Code Cornpliance Board Boynton Beach, Florida October 18, 2000 Motion Based on the testimony and evidence presented in Case No. 00-1808, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Antonia M. Bushell is in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc. of the City Code of Ordinances. Vice Chair Hammer 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. Miriana. Chairman DeLiso determined that this was not Ms. Briseus' case and asked the respondent to be seated and wait until her case is called. Ms. Queen Owens took the podium and stated that Antonia Bushell is deceased and she is the guardian for the property. Ms. Owens did not know who Luce Briseus was. Mr. Blasie stated that Ms. Briseus has her own case on the agenda. Ms. Owens stated she needed three months because there is no money in the estate except for the rent. Ms. Owens stated the property has been rented and was unaware that an Occupational License was required. Vice Chair Hammer withdrew her motion and Mr. Miriana withdrew his second of the motion. Motion Based on the testimony and evidence presented in Case No. 00-1815, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Antonia M. Bushell is in violation of Code Sections Chapter 15, Article 1×-15-120 (D), Inc. of the City Code of Ordinances. Vice Chair Hammer 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. Ms. Williams noted that Mr. Foot cited the incorrect case number. The correct case number is 00-1808. Mr. Foot amended his motion to reflect the correct case number being 00- 1808. Motion seconded by Ms. Williams and carried 6-0. Meeting Minutes Code Compliance Board Boynton Beach, Florida October 18, 2000 Case #00-1812 Property Address: Violations: Henrys Euvrard 1601 NE 2nd Court Chapter 15- Article IX-15-120 (B) .1 and 120 (D) Inc.; Please remove all trash and debris; install grass in yard and swale; repair or replace your driveway. Inspector Roy stated the property was cited on July 25, 2000 through routine inspection of the neighborhood. Service was accomplished by certified mail and the respondent is present. Ortancia Joseph said she was present tonight representing her aunt, Alecia Jean. Ms. Joseph stated that Henrys Euvrard has been deceased for two or more years. Ms. Joseph was uncertain on the ownership of the property and stated that her aunt lives on the property. Ms. Joseph stated that her aunt was not in town currently, but she is the person who instructed her to appear tonight. Chairman DeLiso asked what the relationship was between Ms. Jean and the deceased and she stated that was her husband. Ms. Williams inquired if the property was being rented and Ms. Joseph stated that no one is renting the house. She stated that her aunt is renting one room out and Mr. Blasie stated that an owner-occupied single family home can rent one room without an Occupational License. Ms. Joseph requested 90 days for compliance. Photographs of the property were presented to the Board for review. The City agreed to 90 days. Motion Based on the testimony and evidence presented in Case No. 00-1812, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Henrys Euvrard is in violation of Code Sections Chapter 15, Article IX-15-120 (B).I and 120 (D), Inc. of the City Code of Ordinances. Mr. 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 Vice Chair Hammer and carried 6-0. Case #00-1815 Property Address: Violations: Clyde E. & Alberta S. Jones 1625 NE 2nd Street Chapter 15- Article IX-15-120 (B) 1, 120 (D).IB and 13-16 B.B.C. of Ord.; 9 Meeting Minutes ~ _.l Code Compliance Board Boynton Beach, Florida October 18, 2000 Please repair the holes in the driveway and seal it; Install grass in swale area; Obtain a single-family rental Occupational License. Inspector Roy stated the property was originally cited on July 25, 2000. The rental license has complied. The property was cited through routine inspection and service was accomplished by certified mail. Mr. Clyde Jones, 1625 NE 2nd Street, Boynton Beach pled no contest and asked for 30 days. Motion Based on the testimony and evidence presented in Case No. 00-1815, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law that Clyde E. and Alberta S. Jones are in violation of Code Sections Chapter 15, Article IX-15-120 (B).I and 120 (D) .lB of the City Code of Ordinances. Ms. Williams moved to order that the Respondents correct the violations on or before November 13, 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 carried 6-0. Inspec routine respon A repn podiun Motior Case #00-1816 Property Address: Violations: Guirlande Rosemond 1615 NE 2nd Street Chapter 15- Article IX-15-120 (D) Inc. and 13-16 B.B.C. of Ord; Please remove all items stored in carport and yard. Repair and/or register all your motor vehicles. Obtain a single- family rental occupational license. or Roy stated the case was originally cited on July 25, 2000 through neighborhood inspection. Service was obtained by certified mail and the dent is present. ~sentative, who also stated she was an owner of the property, took the and pled no contest. The respondent requested 30 days. Based on the testimony and evidence presented in Case No. 00-1816, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a 10 Meeting Minutes ~' Code Compliance Board Boynton Beach, Florida October 18, 2000 conclusion of law that Guirlande Rosemond is in violation of Code Sections Chapter 15, Article IX-15-120 (D), INC. and 13-16 B.B.C. of Ordinances. Vice Chair Hammer moved to order that the Respondent correct the violations on or before November 13, 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 Motion seconded by Ms. Williams and carried verify compliance with this Order. 6-0. Case #00-1647 Property Address: Violations: Richard C. Hilton, Jr. 112 SW 25th Avenue Chapter 10-Article II, 10-24, Inc., Chapter 15- Article IX-15-120 (D) Inc., and 120 (E), Inc.; Repair irrigation and maintain a green weed-free lawn; repair rotten fascia and paint; remove dilapidated shed; repair screen enclosure and secure pool area per Code; garbage cans to be kept out of view of public when not being picked up. Mr. Foot requested to sustain from voting on this case, since he and the respondent have been made offers by the Hospital on their properties. Mr. Foot furnished a completed Form 8B for the record. Inspector Roy stated that the respondent in this case left. Case #00-1736 Property Address: Violations: Neeck & Venande Simeus 116 W. Ocean Drive Chapter 15-Article IX-15-120 (D) Inc., and120 (E), Inc.; Remove all trash and debris from property; repair all rotted wood and paint house. Inspector Roy stated the property was originally cited on July 21, 2000 through a neighborhood complaint. Service was accomplished by posting. Neeck Simeus, 116 W. Ocean Drive, Boynton Beach pled no contest and asked for 90 days. The respondent stated that he just started working. The trash removal has complied. The only. remaining items are repairing the rotted wood and painting the house. 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 18, 2000 Motion Based on the testimony and evidence presented in Case No. 00-1736, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law that Neeck & Venande Simeus are in violation of Code Sections Chapter 15, Article IX-15-120 (D), INC. and 120 (E), 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. Miriana and carried 6-0. Case #00-1738 Property Address: Violations: Frederick I. Duggan 3804 N, Sunset Road Delray Beach, FL 33483 Chapter 15-Article IX-15-120 (D) 1, Inc., and 20-6 B.B.C. of Ord.; Remove all trash and debris, car parts; boats must be parked on hard surface or behind front line of house; sod needed in front yard. Inspector Roy stated the property was originally stated on July 21, 2000 through routine inspection. Service was made by certified mail and the respondent is present. Mr. Frederick I. Duggan, 3804 N. Sunset Road, Delray Beach, Florida requested 30 days. Chairman DeLiso questioned that the notice of violation is in Delray Beach. Inspector Roy stated that this road was annexed into Boynton Beach two years ago. Motion Based on the testimony and evidence presented in Case No. 00-1738, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law that Frederick I. Duggan is in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1, INC. and 20-6 B.B.C. of Ordinances. Ms. Williams moved to order that the Respondent correct the violations on or before November 13, 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 Vice Chair Hammer and carried 6-0. 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 18, 2000 Case #00-1867 Property Add ress: Violations: Michael R. Rogers 2510 SW 12th Street Chapter 15- Article IX-15-120 (D) Inc.; Mow and maintain yard; clean driveway; maintain pool area and keep secured. Inspector Roy stated the property was originally cited on July 26, 2000 through a neighborhood complaint. Service was accomplished by certified mail and the respondent is present. Michael Rogers, 2510 SW 12th Street, Boynton Beach pled no contest and requested 30 days. Motion Based on the testimony and evidence presented in Case No. 00-1867, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law that Michael R. Rogers is in violation of Code Sections Chapter 15, Article IX- 15-120 (D), INC. of the City Code of Ordinances. Ms. Williams moved to order that the Respondent correct the violations on or before November 13, 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 Vice Chair Hammer and carried 6-0. Case #00-1888 Property Address: Violations: Bryan Stewart 511 SE 21st Avenue Chapter 15- Article IX-15-120 (D) Inc.; Remove all trash and debris from property, including car parts; front yard to be sodded and maintained weed free. Inspector Roy stated the property was originally cited on July 27, 2000 through routine neighborhood inspection. Service was accomplished by hand carry and the respondent is present. Mr. Bryan Stewart, 511 SE 21st Avenue, Boynton Beach pled no contest. The respondent stated he is not working and asked for six months. He informed the Board that he is married with three children. Chairman DeLiso requested to look at the photos of the property. The respondent stated that the car has been removed. Attorney Igwe asked the respondent to identify the photos and he 13 Meeting Minutes '-~ Code Compliance Board Boynton Beach, Florida October 18, 2000 stated that they were photos of his house. Chairman DeLiso asked the respondent if he applied for public assistance. He stated that he is applying to the City for help with the grass. Mr. Foot inquired about the trash and debris and the respondent stated there was no trash and debris. Inspector Roy was not certain if that had been removed. Motion. Based on the testimony and evidence presented in Case No. 00-1888, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law that Bryan Stewart is in violation of Code Sections Chapter 15, Article IX-15- 120 (D) INC. of the City Code of Ordinances. Ms. Williams 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 carried 6-0. Case #00-1889 Property Address: Violations: Juvenal & Myrna Suarez 197 SE 27th Court SBC '97 ED. 104.1.1; permit required for structure in rear. Inspector Roy stated the property was originally cited on July 27, 2000 through a neighborhood complaint. Service was accomplished by posting and the City recommends 30 days. Mr. Juvenal Suarez, 197 SE 27th Court, Boynton Beach pled no contest. The responden! stated that he called the City for the papers on the house and the City cannot locate them. The respondent is unsure how long it will take to get a permit. Inspector Roy had the papers and presented them to Mr. Suarez. Mr. Roy sa~d that the respondent budt an addition to the rear of the property and it looks good. However, an engineering plan will still be necessary. Mr. Blasie added that the respondent enclosed his porch and it needs to be determined if the Slab is sufficient to support the structure. Chairman DeLiso felt that six months might be necessary. Motion Based on the testimony and evidence presented in Case No. 00-1889, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Juvenal and Myma Suarez are in violation of SBC '97 104.1.1 of the City Code of Ordinances. Mr. Foot moved to order that the Respondents correct the violations 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 18, 2000 on or before April 16, 2001. If the Respondents 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 carried 6-0. Case #00-2040 Property Address: Violations: Luce Briseus 104 SE 31st Avenue Chapter 15, Article IX-15-120 (D), Inc.; Remove inoperable vehicles from the property Inspector Roy stated the property was originally cited on August 11, 2000 through routine neighborhood inspection. Service was obtained by hand carry. Ms-. Luce Briseus, 104 SE 31st Avenue, Boynton Beach pled no contest and asked for 60 days. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 00-2040, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law that Luce Briseus is in violation of Code Sections Chapter 15, Article IX-15- 120 (D) INC. of the City Code of Ordinances. Ms. Williams moved to order that the Respondent correct the violations on or before November 13, 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 carried 6-0. Case #00-1553 Property Address: Violations: Doris & Everett D. Matthews 3008 E. Palm Drive Chapter 15, Article IX-15-120 (D) 1, Inc., and 13-16 B.B.C. of Ord.; Remove all boxes, refrigerator, mattress, unregistered, inoperative vehicle, install sod in dead areas of yard; repair or take down west side fence; repair or replace driveway apron. Also, Occupational License is required to rent house. Inspector Guillaume stated the property was cited on June 28, 2000 through routine inspection. Service was accomplished by certified mail. 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 18, 2000 Ms. Sylvia Sparler, Attorney at Law, 4100 S. Dixie Highway, Suite C, West Palm Beach, Florida stated she represented Ms. Doris Matthews. Attorney Spader informed the Board that the respondent is a 78-year-old person who is very ill and lives in Tennessee. The Attorney stated that the vehicle belongs to the tenant and she cannot have the vehicles removed until the tenant is evicted. Attorney Sparler pled no contest and requested 90 days and asked for clarification of what constitutes the "existing violations" because some repairs have been made. Inspector Guillaume replied that the fence, refrigerator, mattress and boxes have been removed. The violations remaining are the removal of the vehicles, sod and the driveway apron. Because the respondent is 78 years of age, she still needs to obtain an occupational license. However because of her age, the fee is waived. Attorney Sparler said she is taking care of this. Motion Based on the testimony and evidence presented in Case No. 00-1553, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law that Doris Matthews is in violation of Code Sections Chapter 15, Article IX- 15-120 (D) 1, INC. and 13-16 of the B.B.C. of Ordinances. Ms. Williams 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 and carried 6-0. LIEN PENALTY CERTIFICATIONS (Previously Tabled) Case #00-935 Three Hundred Block A Home Owners Assn. Inc. P.O. Box 15468 West Palm Beach, FL 33416 315 Meadows Dr. Inspector Cain stated the' notice of violation date was April 25, 2000 for violation of the Land Development Regulations. No one appeared at the Code Compliance Board Hearing date of July 19, 2000. A compliance date of August 14, 2000 was set or be fined $25.00 per day. The property complied yesterday. Mr. Perry Gounaris, 123 Meadows Drive, Boynton Beach informed the Board that the City signed off on the property yesterday. Mr. Gounaris requested that the fine be waived. Inspector Cain stated the City recommends no fine because 16 Meeting Minutes ~ Code Compliance Board Boynton Beach, Florida October 18, 2000 the respondent was ready, but there was a mix-up with the Engineering Department. Motion Based on the testimony and evidence presented in Case No. 00-935, Ms. Williams moved that this Board find, as a matter of fact, that the Respondents, Three Hundred Block A Home Owners Association, Inc. was in violation of Code Section PT3-LDR, Chapter 23, Article II.O., subsequent to the date of compliance specified in this Board's Order of January 19, 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. Motion carried 6-0. Case #00-1164 Klm & Cyd Fender 12 Dogwood Circle Lake Worth, Florida 33462 2900 High Ridge Road Inspector Cain requested that the case be tabled because the respondent is having problems with a previous contractor who took his money and didn't do the work. The respondent has now obtained a new contractor who is present tonight. Motion Mr. Foot moved that Case No. 00-1164 be tabled until the Code Compliance Board Meeting to be held on December 20, 2000. Motion seconded by Vice Chair Hammer and carried 6-0. Case #99-2782 Jos~ Bernard, Jr. 454 SW 2nd Avenue Inspector Lewis stated the property was cited on November 17, 1999 for violation of the Standard Building Code. The respondent did appear at the March 15, 2000 Code Compliance Board Hearing and a compliance date of July 17, 2000 was set or be fined $25.00 per day. The property complied on October 3, 2000 for 77 days of non-compliance. Joss Bernard, Jr., 454 SW 2nd Avenue, Boynton Beach took the podium. Inspector Lewis stated that the City recommends no fine. Mr. Foot inquired how much money the City's Building Department received in fines. Inspector Lewis had no knowledge of this. Mr. Blasie noted that the respondent paid $48.00 for the permit. Mr. Foot felt if the respondent did not pay any fines to the Building Department, he should be fined by this Board. 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 18, 2000 Motion Based on the testimony and evidence presented in Case No. 99-2782, Ms. Williams moved that this Board find, as a matter of fact, that the Respondent, Jos~ Bernard, Jr. was in violation of Code Section SBC '97, ED 104.1.1, subsequent to the date of compliance specified in this Board's Order of March 15, 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. Motion carried 5-1 (Mr. Foot dissenting). LIEN PENALTY CERTIFICATIONS Case #00-1398 Housing Partnership, Inc. 319 Clematis Street, Ste. 409 West Palm Beach, FL 33401 1451 NW 1st Court Inspector Cain stated the property was cited dated June 5, 2000 for violation of the Community Appearance Code. No one appeared at the August 16, 2000 Code Compliance Board Hearing date. A compliance date of September 18, 2000 was set or be fined $25.00 per day. The property is not yet in compliance. Ms. Joy Friedlander, of Housing Partnership, Inc., 319 Clematis Street, West Palm Beach took the podium. Chairman DeLiso asked if the property was a foreclosure? Ms. Friedlander stated they were deeded the property as part of the Federal Home Program, which is a non-profit corporation to help first-time homebuyers. Because the rehabilitation of the property was so excessive, the Housing Partnership could not find a first-time homebuyer for the house. She further stated that the code violation had been repaired after October 5th. Inspector Cain stated he took pictures of the property today and presented them to the Board. Ms. Friedlander stated they placed sod on the property, but there are no sprinklers. Mr. Blasie inquired how long the Housing Partnership owned the property and she was uncertain. Mr. Blasie pointed out that the tax rolls indicate that the Housing Partnership has owned the property since 1994. Mr. Blasie stated the same neighbor keeps complaining about the condition of the house. Chairman DeLiso asked what they intended to do with the property and Ms. Fdedlander stated they were giving it back to the County, along with all the homes they are unable to finance. Ms. Friedlander stated they were funded by the Neighborhood Reinvestment Corporation, which is a federal mandated program to provide first time buyers with Iow or very Iow income an opportunity to purchase a house. 18 Meeting Minutes '-- Code Compliance Board Boynton Beach, Florida October 18, 2000 Vice Chair Hammer felt that the respondents should have done something to the property since they owned it since 1994. Ms. Friedlander replied that the repairs are extensive and they could not find a qualified first-time homebuyer for this property who would have the income to finance the rehab. Ms. Williams asked who managed the properties and Ms. Friedlander replied that they do. Chairman DeLiso suggested that the fine be certified and when the new owner comes before the Board, the repairs and improvements to the property could be addressed at that time. Motion Based on the testimony and evidence presented in Case No. 00-1398, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Vice Chair Hammer moved that this E~oard find that Housing Partnership, Inc. has violated this E~oard'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. Miriana. Motion carded 5-1 (Mr. Foot dissenting). Case #00-1415 Linda Murphy-Torres & Raymond Torres 5406 Blueberry Hill Avenue Lake Worth, FL 33463 2741 NW 2"d Street Inspector Guillaume stated the notice of violation was dated June 13, 2000 for violation of the Community Appearance Code. The respondent appeared at the August 16, 2000 Code Compliance Board hearing. A compliance date of September 18, 2000 was set or be fined $50.00 per day. The property has still not complied. Mr. Edwin Escobar, 5406 Blueberry Hill Avenue, Lake Worth, Florida said that the Board did not give him enough time to make the repairs when he appeared at the August hearing date as he had five properties that had to be addressed. Inspector Guillaume presented photos of the property to the Board. Chairman DeLiso asked the respondent if he performed any work on this property and he stated he seeded the property, cut the grass and paid for the 19 Meeting Minutes l Code Cornpliance Board Boynton Beach, Florida October 18, 2000 occupational license applications for all the properties that needed them. The respondent 'stated he called for inspections for the occupational licenses and just heard today on this and he applied on September 20th. The respondent said he needed more time for compliance. Chairman DeLiso inquired if all of the property they own is coming before the Board tonight and the respondent stated that only some of their property is not in compliance. They own other properties in Boynton and other cities and this is the only City that they have problems with. It was noted that the respondent cannot obtain an occupational license if the property is not in compliance. Mr. Escobar stated that they are near bankruptcy because people are not paying rents and they cannot afford to purchase sod. Chairman DeLiso stated that the pictures show the property is not up to Boynton Beach's Code and said he would not want to live next door to one of these properties and suggested the fine be certified. Inspector Webb inquired if all the respondents' cases would be heard and Chairman DeLiso said each one will be addressed individually. Motion Based on the testimony and evidence presented in Case No. 00-1415, 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 Linda Murphy-Torres and Raymond Torres have violated this Board's prior Order of August 16, 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. Miriana. Motion carried 6-0. Case #00-1459 Linda Murphy-Torres & Raymond Torres 5406 Blueberry Hill Avenue Lake Worth, FL 33463 2741 NW 2nd St. Inspector Guillaume stated the property was cited on June 13, 2000 for violation of the Community Appearance Code. The respondent appeared at the Code Compliance Board Hearing of August 16, 2000. A compliance date of September 18, 2000 was set or be fined. $50.00 per day. The property has still not complied. Mr. Foot asked what Mr. Escobar's relationship was to the owners and he stated he was a brother-in-law. 2O Meeting Minutes .... Code Compliance Board Boynton Beach, Florida October 18, 2000 Motion Based on the testimony and evidence presented in Case No. 00-1459, 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 Linda Murphy-Torres and Raymond Torres have violated this Board's prior Order of August 16, 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. Miriana. Motion carried 6-0. Case #00-1471 Raymond & Linda Torres 5406 Blueberry Hill Avenue Lake Worth, FL 33463 2760 NE 4th Street Inspector Guillaume stated the property was cited on June 14, 2000 for violation of the Community Appearance Code and Occupational License required. The respondent did appear at the August 16, 2000 Code Compliance Board Hearing and a compliance date of September 16, 2000 was set or be fined $50.00 per day. The property has not yet complied. Mr. Escobar stated he called for an inspection on this property and by his mistake he went to a different property and missed the Inspector. He stated he placed seed on the property and Inspector Guillaume presented photos, which showed there was no grass. Motion Based on the testimony and evidence presented in Case No. 00-1471, 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 Linda Murphy-Torres and Raymond Torres have violated this Board's prior Order of August 16, 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. Miriana. Motion carried 6-0. Case #00-1361 Raymond & Linda Torres 5406 Blueberry Hill Avenue Lake Worth, Florida 33463 110 NW 6th Ave. 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 18, 2000 Inspector Webb stated the property was cited on May 31, 2000 for violation of the Community Appearance Code. The respondent appeared at the August 16, 2000 Code Compliance Board Hearing and a compliance date of September 18, 2000 was set or be fined $50.00 per day. The property has still not complied. Motion Based on the testimony and evidence presented in Case No. 00-1361, 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 Linda Murphy-Torres and Raymond Torres have violated this Board's prior Order of August 16, 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. Miriana. Motion carried 6-0. Case #00-1420 Raymond & Linda Torres 5406 Blueberry Hill Avenue Lake Worth, Florida 33463 239 NE 13th Ave. Inspector Webb stated the property was cited on June 8, 2000 for violation of the Community Appearance Code and Occupational License required. The respondent appeared at the August 16, 2000 Code Compliance Hearing. A compliance date of August 18, 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. 00-1420, and having considered the gravity of the violations, the actions taken by the Respondents, and any and all previous violations committed by the Respondents, Vice Chair Hammer moved that this Board find that Linda Murphy- Torres and Raymond Torres have violated this Board's prior Order of August 16, 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. Midana. Motion carded 6-0. Case #00-1097 Garvin Russell 920 N. Seacrest Blvd. Inspector Roy 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 has not complied to date. 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 18, 2000 Mr. Garvin Russell, 1920 N. Seacrest Boulevard, Boynton Beach took the podium. Inspector Roy said that the City is recommending that the case be tabled for 30 days because the respondent works out of town and has started to work on the violations, Motion. Mr. Miriana moved that Case No. 00-1097 be tabled until the Code Compliance Board Meeting to be held on November 15, 2000. Motion seconded by Ms. Williams and carried 6-0. Case #00-416 Church of Our Savior 2011 S. Federal Highway Inspector Roy stated the property was originally cited on February 28, 2000 for violations of Land Development Regulations. The case came before the Code Compliance Board on May 17, 2000 and a compliance date of September 18, 2000 was set or be fined $25.00. The respondent did appear at the hearing. The property has not complied to date. Ms. Judy Arning stated she is Chairman of the Building and Grounds Committee for the Church. The respondent stated that the tree has been replaced and they have removed the sign. The remaining violations are for a light post. They did purchase a light post and it was stolen. They have received a new quote and the light post should be completed within the next three weeks. The items that need to be cleaned up will be done Saturday. The City requested the case be tabled for 30 days. The respondent requested 60 days because they need an electrical contractor to put the post in, which may take some time. Motion Mr. Foot moved that Case No. 00-416 be tabled until the Code Compliance Board Meeting to be held on December 20, 2000. Motion seconded by Vice Chair Hammer and carried 6-0. Case #00-808 William Jenkins Estate Cio Mary Jane Connel (Exec) 1170 Wilson Road #44 Fall River, MA 02720 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 Code 23 Meeting Minutes ~"- Code Compliance Board Boynton Beach, Florida October 18, 2000 Compliance Board hearing. A compliance date of September 18, 2000 set or be fined $25.00 per day. The property has not yet complied. Ms. Elizabeth Martinez, 612 NE 7th Avenue, Boynton Beach stated that Mary Jane Connel is no longer the Executor of the estate. Ms. Martinez was appointed Executor today and presented a copy of the Court Order to Attorney Igwe. Ms. Martinez stated that when she appeared before the Board previously she was told she had no authority to appear and therefore she had to go back to the Courts to be appointed Executrix, together with William Scott Jenkins, Jr. Ms. Martinez said that they sodded the swales and put wood chips in the side yard, and was informed this was allowed. The front yard is almost complete and should be finished this weekend. The respondent requested that the case be tabled until the next meeting. Mr. Rossi inquired if wood chips were allowed in place of sod and Inspector Webb stated they were not allowed. The respondent replied that she had spoken to someone in the City and she told this person that she was going to place shrubs and a fountain with a waterfall and asked about the wood chips. She was told this was allowed as long as it was not all wood chips in the yard. Mr. Foot inquired if this type of landscaping would qualify for xeriscaping and Inspector Webb thought that it would as long as she adds a few trees and bushes. Inspector Roy replied that the property doesn't have to be xeriscape. She is allowed to have plants, which would be called landscape. Inspector Roy explained the formula that they use to determine landscaping. Motion Vice Chair Hammer moved that Case No. 00-808 be tabled until the Code Compliance Board Meeting to be held on November 15, 2000. Motion seconded by Mr. Miriana and carried 6-0. CASES TO BE HEARD Case #00-2015 Property Address: Violations: Walter Denahan 647 NE 8th Avenue SBC '94 ED 104.1.1; Permits required to build a shed on your property. The Recording Secretary administered the oath to the Respondent. Inspector Pierre stated the case was originally cited on August 10, 2000 and the respondent is present. 24 Meeting Minutes '~ ~' Code Compliance Board Boynton Beach, Florida October 18, 2000 Walter Denahan, 647 NE 8th Avenue, Boynton Beach stated that after he was cited, he went to the City and was informed that he needed an engineer's seal on the drawings. He requested 30 days. The City recommended 60 days. Motion Based on the testimony and evidence presented in Case No. 00-2015, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of laW that Walter Denahan is in violation of Code Sections SBC '94 ED 104.1.1 of the City Code of Ordinances. Ms. Williams 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. Miriana and carried 6-0. The Meeting Recessed at 9:20 p.m. and reconvened at 9:30 p.m. Case #00-1159 Property Address: Violations: Amerigas Propane Ltd. Partner 711 N. Federal Highway Chapter 15, Article IX-15-120 (D) 1.E and 120 (D) 1.H; Remove all unsightly vegetation from hedges; install sod along NE 6th Avenue side of property. Inspector Webb stated the case was originally cited on May 8, 2000 through routine neighborhood inspection. Staff recommends this be tabled. Motion Vice Chair Hammer moved that Case No. 00-1159 be tabled until the Code Compliance Board Meeting to be held on November 15, 2000. Motion seconded by Mr. Miriana and carried 6-0. Case #00-2126 Property Address: Violations: Southeast Properties 320 N. Federal Highway SBC '94 ED 104.6.1, 104.1.1 and 105.6; Permit required prior to commencing work; see copy of red tag dated August 17, 2000~ Inspector Webb stated the property was originally cited on August 22, 2000. Service was obtained by certified mail and the City recommends 10 days. 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 18, 2000 Motion Based on the testimony and evidence presented in Case No. 00-2126, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law that Southeast Properties is in violation of Code Sections SBC '94 ED 104.6.1,104.1.1 and 105.6 of the City Code of Ordinances. Ms. Williams moved to order that the Respondent correct the violations on or before October 31, 2000. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana and carried 6-0. Case #00-2130 Property Address: Violations: Alice W. Hollis 323 NE 11th Avenue Chapter 15, Article IX-15-120 (D) 1, Inc.; Remove all loose trash and debris, inoperable and unregistered vehicle; install sod in all bare areas in front and side property. Inspector Webb stated the property was originally cited on August 22, 2000 through routine neighborhood inspection. Service was obtained by certified mail and staff recommends 30 days, Motion Based on the testimony and evidence presented in Case No. 00-2130, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Alice W. Hollis is 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 Respondent correct the violations on or before November 13, 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 Vice Chair Hammer and carried 6-0. Case #00-2203 Pro perty Address: Violations: Joseph Vitay and Marie Wright 426 NW 8th Avenue Chapter 15, Article IX-15-120 (D) lA, 14-3 B.B.C. of Ord.; Storage of inoperable or unregistered vehicles, oversized truck are not allowed on 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 18, 2000 residential property; front-end loader must go. Inspector Webb stated the property was originally cited on September 1, 2000 through routine neighborhood inspection. Service was obtained by certified mail and staff recommends 10 days. Motion Based on the testimony and evidence presented in Case No. 00-2203, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law that Joseph Vitay and Marie Wright are in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1.1A and 14-3 B.B.C. of Ordinances. Ms. Williams moved to order that the Respondents correct the violations on or before October 31,2000. 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 Vice Chair Hammer and carried 6-0. Case #00-1961 Property Address: Violations: J. & Willie Mae Murray 545 NW 11th Avenue Chapter 15, Article IX-15-120 (D) 1, Inc.; Please install sod in front of property to comply with City Ordinances. Inspector Pierre stated the case was originally cited on August 3, 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. 00-1961, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that J. and Willie Mae Murray are in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc. of the City Code of Ordinances. Vice Chair Hammer moved to order that the Respondents correct the violations on or before November 13, ~.000. 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 and carried 6-0. 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 18, 2000 Case #00-2016 Property Address: Violations: Jed Denahan 705 NE 8th Avenue SBC '94 ED 104.1.1; Permit required for outdoor shower. Inspector Pierre stated the case was originally cited on August 10, 2000 through an anonymous complaint. Service was accomplished by hand carry and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-2016, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Jed Denahan is in violation of Code Sections SBC '94 ED 104.1.1 of the City Code of Ordinances. Vice Chair Hammer moved to order that the Respondent correct the violations on or before November 13, 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 carried 6-0. Case #00-2104 Property Address: Violations: Deborah D. and Fabian L. Robinson 310 NW 6th Avenue Chapter 15, Article IX-15-120 (D) I.D; Please install sod on east side of driveway to comply with City Ordinances. Inspector Pierre stated the through routine inspection. City recommends 30 days. property was originally cited on August 21, 2000 Service was accomplished by certified mail and the Motion Based on the testimony and evidence presented in Case No. 00-2104, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Deborah D. and Fabian L. Robinson are in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1.D of the City Code of Ordinances. Vice Chair Hammer moved to order that the Respondents correct the violations on or before November 13, 2000. If the Respondents 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 28 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 18, 2000 property to verify compliance with this Order. Motion seconded by Mr. Miriana and carried 6-0. Case #00-1943 Property Address: Violations: Bojaco Realty Corp., cio Ali's Majestic Service 302 W. Boynton Beach Blvd. Section 11.3; Please obtain environmental review permit in place of permit that expired on April 10, 2000. Inspector Lewis stated the property was originally cited on August 2, 2000. The City recommends 90 days. The respondent has been having a problem getting a final inspection for their permit and wrote to the City requesting they needed time. Motion Based on the testimony and evidence presented in Case No. 00-1943, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Bojaco Realty Corp. c/o Ali's Majestic Service is in violation of Code Section 11.3 of the City Code of Ordinances. Vice Chair Hammer 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 and carried 6-0. Case #00-1922 Property Address: Violations: Seashore Industries, Inc. 513 N. Federal Highway SBC '97 ED 104.1.1; Permit is required to repair parking lot and to hook up sewer line. Inspector Cain stated the property was originally cited on August 2, 2000 and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-1922, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Seashore Industries, Inc. is in violation of Code Section SBC '97 ED 104.1.1 of the City Code of Ordinances. Vice Chair Hammer moved to order that the Respondent correct the violations on or before November 13, 2000. If the Respondent does not comply with this Order, a fine in the amount of 29 Meeting Minutes - Code Compliance Board Boynton Beach, Florida October 18, 2000 $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana and carried 6-0. Case #00-1954 Property Address: Violations: Cedonia M. Brown 3166 N. Seacrest Blvd. Chapter 15, Article IX-15-120 (D) 1.H and 10-2 B.B.C. of Ord.; Please mow overgrown yard; trim all trees and shrubs; owners are responsible to maintain trees and shrubs. Inspector Cain stated that the property was originally cited on August 3, 2000 and is a repeat violator. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-1954, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Cedonia M. Brown is in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1.H of the City Code of Ordinances. Vice Chair Hammer moved to order that the Respondent correct the violations on or before November 13, 2000. If the Respondent does not comply with this Order, a fine in the amount of $50.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Williams and carried 6-0. Inspector Cain stated that Case No. 00-2056 (City National Bank of Florida, Trustee), on Page 17 was removed after this Board had approved the agenda. Attorney Igwe suggested that the motion to approve the agenda can be amended to include removal of this case. Motion Mr. Foot moved to amend the motion for approval of the agenda to include the removal of Case No. 00-2056 and Mr. Foot further requested a report from Mr. Blasie on the results of the Commission meeting be added to the agenda. Motion seconded by Vice Chair Hammer and unanimously carded. Case #00-1810 Property Address: Violations: Venetrice A. Jackson 1634 NE 2nd Court Chapter 15, Article IX-15-120 (B) .1, 120 (D), Inc. and 13-16 B.B.C. of Ord.; 30 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 18, 2000 Please install grass where bare spots occur; remove, repair and/or register your brown Ford. Please obtain a single-family rental occupational license. Inspector Roy stated the property was cited on July 25, 2000 through routine inspection and service was accomplished by posting. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-1810, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law that Venetrice A. Jackson is in violation of Code Sections Chapter 15, Article IX-15-120 (B).I, 120 (D), Inc. and 13-16 B.B.C. of Ordinances. Mr. Miriana moved to order that the Respondent correct the violations on or before November 13, 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 carried 6-0. Case #00-1871 Property Address: Violations: Stacy Stevens 1609 NE 4th Court Chapter 15, Article IX-15-120 (B).I, 120 (D), Inc. and SBC '97 ED 104.1.1; Please remove all your unregistered motor vehicles; install grass in yard and swale; obtain a permit to expand your driveway or remove the new concrete. Inspector Roy stated the property was neighborhood inspection. Service was City recommends 30 days. cited on July 26, 2000 through routine accomplished by certified mail and the Motion Based on the testimony and evidence presented in Case No. 00-1871, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Stacey Stevens is in violation of Code Sections Chapter 15, Article IX-15-120 (B), 120 (D) Inc. and SBC '97 ED 104.1.1 of the City Code of Ordinances. Vice Chair Hammer moved to order that the Respondent correct the violations on or before November 13, 2000. If the Respondent does not 31 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 18, 2000 comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana and carried 6-0. Case #00-1986 Pro perty Add ress: Violations: Michael & Carmen Burroughs 1890 NE 1st Street Chapter 15, Article IX-15-120 (B).I, 120 (D), Inc. and 15-16 B.B.C. or Ord.; Please install grass in swale and yard where bare spots occur; repair screen room pool and screen; install number on house visible from the street. Inspector Roy stated the property was originally cited on August 7, 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. 00-1986, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Michael and Carmen Burroughs are in violation of Code Sections Chapter 15, Article IX-15-120 (B).I, 120 (D), Inc. and 15-16 B.B.C. of Ordinances. Vice Chair Hammer moved to order that the Respondents correct the violations on or before November 13, 2000. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Williams and carried 6-0. Case #00-1647 Property Address: Violations: Richard C. Hilton, Jr. 112 SW 25th Avenue Chapter 10, Article II, 10-24, Inc., 120 (D), Inc., 120 (E), Inc., 10-2 and 10-3 B.B.C. of Ord.; Repair irrigation and maintain a green, weed-free lawn; repair rotten fascia and paint; remove dilapidated shed; repair screen enclosure and secure pool area per Code; garbage cans to be kept out of 32 Meeting Minutes - · Code Compliance Board Boynton Beach, Florida October 18, 2000 view of public when not being picked up. Inspector Roy stated the property was originally cited on July 10, 2000 through a complaint from a neighbor. Service was accomplished by posting and the City recommends 15 days. Mr. Foot stated that this is the case on which he must abstain. Motion Based on the testimony and evidence presented in Case No. 00-1647, Mr. Miriana moved that this Board find, as a matter of fact, and as a conclusion of law that Richard C. Hilton, Jr. is in violation of Code Sections Chapter 10, Article II, 10-24, Inc., Chapter 15, Article IX-15-120 (D), Inc., 120 (E), Inc., 10-2 and 10-3 B.B.C. of Ordinances. Mr. Miriana moved to order that the Respondent correct the violations on or before November 3, 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 Vice Chair Hammer and carried 5-0. Case #00-2095 Property Address: Violations: Veoletta & Samuel L. Wright 123 NE 15th Avenue Chapter 15, Article IX-15-120 (E) 2A, 120 (B) .1 and 120 (D) 1.D; Please paint wood trim on house; install grass in yard and swale to make a uniform lawn. Inspector Roy stated the property was cited through routine neighborhood inspection on August 18, 2000. Service was accomplished by certified mail and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-2095, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law that Veoletta and Samuel L. Wright are in violation of Code Sections Chapter 15, Article IX-15-120 (E) 2A, 120 (B).I and 120 (D) 1.D. of the City Code of Ordinances. Ms. Williams moved to order that the Respondents correct the violations on or before November 13, 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 33 Meeting Minutes .... Code Compliance Board Boynton Beach, Florida October 18, 2000 Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot and carried 6-0. Case #00-1735 Property Address: Violations: Craig Christenson 3816 N. Sunset Road Delray Beach, FL 33483 Chapter 15, Article IX-15-120 (D), Inc., and 120 (E), Inc., Clean all trash and debris; repair all rotted wood and paint; installsod in front. Inspector Roy stated that the property was originally cited on July 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. 00-1735, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Craig Christenson is in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc. and 120 (E), Inc. of the City Code of Ordinances. Vice Chair Hammer moved to order that the Respondent correct the violations on or before November 13, 2000. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded' by Mr. Miriana and carried 6-0. Case #00-2319 Property Address: Violations: Manor Care, Inc. 1935 S. Federal Hwy. SBC '97 ED 104.1.1; Permit #98-3346; See copy of "red tag" dated September 8, 2000. Inspector Roy stated the property was cited on September 14, 2000 and service was accomplished by certified mail. The City recommends 10 days. Motion Based on the testimony and evidence presented in Case No. 00-2319, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law that Manor Care, Inc. is in violation of Code Sections SBC '97 ED 104.1.1 of 34 Meeting Minutes .... Code Compliance Board Boynton Beach, Florida October 18, 2000 the City Code of Ordinances. Ms. Williams moved to order that the Respondent correct the violations on or before October 30, 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 Vice Chair Hammer and carried 6-0. Case #00-1413 Property Address: Violations: Abelard & Denise H. Guilbert 2371 NW 1st Street Chapter 15, Article IX-15-120 (D) 1, Inc.; Please remove trash and debris in yard; repair or remove shed; install sod in dead areas of yard and swale Inspector Guillaume stated the property was cited on June 7, 2000 through routine inspection. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-1413, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law that Abelard and Denise H. Guilbert are in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc. of the City Code of Ordinances. Ms. Williams moved to order that the Respondents correct the violations on or before November 13, 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 carded 6-0. Case #00-1520 Property Address: Violations: Angel L. Mercado 3234 Ocean Parkway SBC '97 ED 104.1.1; Permit required to repair or replace fence. Inspector Guillaume stated the property was cited on June 21, 2000 through routine inspection. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-1520, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law that Angel L. Mercado is in violation of Code Sections SBC '97 ED 104.1.1 of the. City Code of Ordinances. Ms. Williams moved to order that the Respondent 35 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 18, 2000 correct the violations on or before November 13, 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 carried 6-0. Case #00-1529 Property Address: Violations: Richard G. Head 119 Arthur Ct. Chapter 15, Article IX-15-120 (D) 1, Inc. and SBC '97 ED 104.1.1; Lawns which have died from lack of water or other causes shall be sodded; please install sod in yard; Repair or replace driveway with concrete or asphalt; a permit is required. Inspector Guillaume stated the property was cited on June 21, 2000 through routine inspection. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-1529, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law that Richard G. Head 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. Ms. Williams moved to order that the Respondent correct the violations on or before November 13, 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. Mr. Foot inquired if 30 days was sufficient for the driveway and Inspector Guillaume stated the driveway has complied. Motion seconded by Mr. Foot and carried 6-0. Case #00-1541 Property Address: Violations: Joseph F. & Phyllis A. Garcon 2451 NW 2nd Street Chapter 15, Article IX-15-120 (D) I.G; Lawns which have died from lack of water or other causes shall be re- seeded or re-sodded; Please install sod in dead areas of yard and swale. 36 Meeting Minutes '~ Code Compliance Board Boynton Beach, Florida October 18, 2000 Inspector Guillaume stated the property was cited on June 26, 2000 through routine inspection. The City recommends 30 days, Motion Based on the testimony and evidence presented in Case No. 00-1541, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Joseph F. and Phyllis A. Garcon are in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1.G of the City Code of Ordinances. Mr. Foot moved to order that the Respondents correct the violations on or before November 13, 2000. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Williams and carried 6-0. Case #00-229'1 Property Address: Violations: Joseph F. & Phyllis A. Garcon 2451 NW 2nd Street Section 13-16 B.B.C. of ORD.; Every rental unit used for residential purposes in the City must be licensed; includes rental property of four units or less, including single family residential rentals, condominium and mobile homes. Inspector Guillaume stated the case was cited on September 6, 2000 through routine neighborhood inspection. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-2291, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law that Joseph F. and Phyllis A. Garcon are in violation of Code Sections 13-16 B.B.C. of Ordinances. Ms. Williams moved to order that the Respondents correct the violations on or before November 13, 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 carried 6-0. 37 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 18, 2000 Case #00-1664 Property Address: Violations: Richard A. Marks 3330 N. Seacrest Blvd. Chapter 15, Article IX-15-120 (D) 1, Inc.; Please install sod in dead areas of yard to achieve a uniform green appearance; de-weed, define and resurface driveway. Inspector Guillaume stated the property was cited on July 12, 2000 through routine neighborhood inspection. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-1664, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law that Richard A. Marks is in violation of Code Sections Chapter 15, Article IX- 15-120 (D) 1, Inc. of the City Code of Ordinances. Ms. Williams moved to order that the Respondent correct the violations on or before November 13, 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 carried 6-0. Case #00-1723 Property Address: Violations: Bernard Macon, Jr. 50 NW 27th Court Chapter 15, Article IX-15-120 (D) 1, Inc.; Please install sod in east side of driveway or get a proper permit to widen it. Inspector Guillaume stated the property was cited on July 19, 2000 through routine neighborhood inspection. The City recommends 60 days. Motion Based on the testimony and evidence presented in Case No. 00-1723, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law that Bernard Macon, Jr. is in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc. of the City Code of Ordinances. Ms. Williams moved to order that the F~espondent 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 38 Meeting Minutes ~ ~ Code Compliance Board Boynton Beach, Florida October 18, 2000 to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana and carried 6-0. Case #00-2025 Property Address: Violations: Udrica Banks 116 Arthur Court Chapter 15, Article IX-'15-120 (D) .lA; Please remove unlicensed, inoperable vehicle; storage of such a vehicle is not allowed on residential property. Inspector Guillaume stated the case was cited on August 10, 2000 through routine neighborhood inspection. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-2025, Ms.. Williams moved that this Board find, as a matter of fact, and as a conclusion of law that Udrica Banks is in violation of Code Sections Chapter 15, Article IX-15- 120 (D) 1.1A of the City Code of Ordinances. Ms. Williams moved to order that the Respondent correct the violations on or before November 13, 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 carried 6-0. LIEN PENALTY CERTIFICATIONS Case #00-1083 Rigel & Nigel Kowlessar 2888 S. SeaCrest Blvd. Inspector Roy stated the property was cited on May 2, 2000 for violation of the Community Appearance Code and the Land Development Regulations. The respondent appeared at the July 19, 2000 Code Compliance Board Hearing. A compliance date of August 14, 2000 was set or be fined $25.00 per day. The property has not yet complied. Motion Based on the testimony and evidence presented in Case No. 00-1083, 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 Rigel and Nigel Kowlessar have violated this Board's prior Order of July 19, 2000, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs which shall continue to 39 Meeting Minutes .... Code Compliance Board Boynton Beach, Florida October 18, 2000 accrue until the Respondents come into compliance or until a judg.ment is entered based upon this certification of fine. Motion seconded by Ms. Williams and carried 6-0. Case #00-1285 Isabel Miguel & 2210 NE 3rd Court Felix Jimenez 1901 NW 1st Street Boynton Beach, FL 33435 Inspector Cain stated the property was cited on May 22, 2000 for violation of permit required. No one appeared at the August 16, 2000 Code Compliance Board Hearing and a compliance date of September 1, 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. 00-1285, 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 Isabel Miguel and Felix Jimenez 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 Vice Chair Hammer and carried 6-0. Case #00~98 Francois Alphonse 1521 N. Seacrest Blvd. Inspector Roy stated the notice of violation was dated April 27, 2000 for violation of the Community Appearance Code. No one appeared at the August 16, 2000 Code Compliance Board Hearing and 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. 00-998, and having considered the gravity of the violations, the actions taken by the Respondent and any and all previous violations committed by the Respondent, Ms. Williams moved that this Board find that Francois Alphonse 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 Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Vice Chair Hammer and carried 6-0. 40 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 18, 2000 Case #00-1047 Doug Bono 2021 NE 1st Way Inspector Roy stated that the notice of violation date was April 28, 2000 for violation of the Community Appearance Code and the Standard Building Code. No one appeared at the August 16, 2000 Code 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. 00-1047, 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 Doug Bono 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 Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Ms. Williams and carried 6-0. Case #00-1303 Vickey, Elwina & N.A. Daniel, Jr. 2051 NW 1st Street Inspector Roy stated the original notice of violation was dated May 23, 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 on October 6, 2000 for 17 days of non-compliance. The City recommends no fine. Motion Based on the testimony and evidence presented in Case No. 00-1303, Vice Chair Hammer moved that this Board find, as a matter of fact, that the Respondents Vickey, Elwina & N.A. Daniel, Jr. were in violation of Code Sections Chapter 15, Article IX-15-120 (D) .lA, subsequent to the date of compliance specified in this Board's Order of August 16, 2000. Vice Chair Hammer 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. Motion carried 5-1 (Mr. Foot dissenting). 41 Meeting Minutes ~' Code Compliance Board Boynton Beach, Florida October 18, 2000 Case #98-1219 Helen Hagen 3307 Fernwood Drive Inspector Roy stated the notice of violation was dated March 23, 1998 for violation of the Community Appearance Code. No one appeared at the May 17, 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. 98-1219, and having considered the gravity of the violations, the actions taken by the Respondent and any and all previous violations committed by the Respondent, Ms. Williams moved that this Board find that Helen Hagen has violated this Board's prior Order of May 17, 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 carried 6-0. Case #00-1575 Joseph Skaates 811 SE 3rd Street Inspector Lewis stated the notice of violation was dated June 28, 2000 for violation of the Community Appearance Code. No one appeared at the August 16, 2000 Code 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. 00-1575, and having considered the gravity of the violations, the actions, taken by the Respondent and any and all previous violations committed by the Respondent, Vice Chair Hammer moved that this Board find that Joseph Skaates 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 carried 6-0. Case #99-526 Deliverance Evangelistic Temple/Gloria Hopkins 1050 West 4th Street Riviera Beach, FL 33404 202 NW 9th Avenue 42. Meeting Minutes Code Compliance Board Boynton Beach, Florida October 18, 2000 Inspector Webb stated the property was cited on January 11, 2000 for violation of the Community Appearance Code and the Land Development Regulations. The respondent did appear at the Code Compliance Board Hearing on March 15, 2000. A compliance date of September 18, 2000 was set or be fined $25.00 per day. The property has not yet complied. The respondent called and requested that the case be tabled. The City does not recommend tabling the case. Motion Based on the testimony and evidence presented in Case No. 99-526, and having considered the gravity of the violations, the actions taken by the Respondent and any and all previous violations committed by the Respondent, Vice Chair Hammer moved that this Board find that Deliverance Evangelistic Temple/Gloria Hopkins has violated this Board's prior Order of March 15, 2000, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Miriana. Motion carried 5-1 (Mr. Foot dissenting). Case #00-649 Tony & Marsha Harvey 224 NW 7th Court Inspector Webb stated the case was originally cited on March 27, 2000 for violation of the Community Appearance Code. The respondent did appear at the July 19, 2000 Code 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. 00-649, 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. Midana moved that this Board find that Tony and Marsha Harvey have violated this Board's prior Order of July 19, 2000, and this Board impose and certify a fine in the amount.of $25.00 per day, plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Ms. Williams and carried 6-0. Case #00-930 N. & Nora Jones 536 NW 13th Avenue Inspector Webb stated the property was originally cited on April 25, 2000 for violation of the Community Appearance Code. The respondent appeared at the 43 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 18, 2000 Code Compliance Board Hearing of July 19, 2000. A compliance date of September 18, 2000 was set or be fined $25.00 per day. The property complied on October 13, 2000 for 24 days of non-compliance. The City recommends no fine. Motion Based on the testimony and evidence presented in Case No. 00-930, Vice Chair Hammer moved that this Board find, as a matter of fact, that the Respondents N. and Nora Jones were in violation of Code Sections Chapter 15, Article IX-15-120 (D) .lA, 120 (D) I.E and Section 15-16, subsequent to the date of compliance specified in this Board's Order of July 19, 2000. Vice Chair Hammer 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. Motion carried 5-1 (Mr. Foot dissenting). Case #00-1372 Richard Jones 905 N. Seacrest Blvd. Inspector Webb stated the property was originally cited on May 31, 200 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. The City recommends that the case be tabled. Motion Vice Chair Hammer moved that Case No. 00-1372 be tabled until the Code Compliance Board Meeting to be held on November 15, 2000. Motion seconded by Ms. Williams and carried 6-0. Case #00-1942 Acquisition Group Management, Inc. 1860 W. Avenue #220 Miami, FL 33140 501 NW 13th Ave. Inspector Webb stated the case was originally cited on August 2, 2000 for violation of the Community Appearance Code. No one appeared at the Code Compliance Board Hearing of September 20, 2000. A compliance date of October 1,2000 was set or be fined $25.00 per day. The property has not yet complied. Mr. Foot inquired how service was made and Inspector Webb stated the property was posted. Inspector Webb stated that the respondent boarded up the property, 44 Meeting Minutes Code Compliance Board Boynton BeaCh, Florida October 18, 2000 but did not remove the trash and is not in compliance. Chairman DeLiso asked if contact with the respondent has been made and Inspector Webb stated that all mail has been returned. Motion Based on the testimony and evidence presented in Case No. 00-1942, 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. Miriana moved that this Board find that Acquisition Group Management, Inc. has violated this Board's prior Order of September 20, 2000, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Ms. Williams and carried 6-0. D. FORECLOSURES Case No. 00-125 Case No. 00-128 Case No. 00-171 Case No. 00-117 Case No. 00-209 Case No. 00-175 Case No. 00-368 Case No. 99-2799 Case No. 99-2850 Fredericka Dixon Roberto Martinez William Millette Publix Super Markets Ernest Kitching William & Julia Boule Lucio & Maria Garcia Timothy & Earlene Ham Barbara Robbins 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 Vice Chair Hammer and unanimously carried. REPORT BY SCOTT BLASIE Mr. Foot inquired about the three lien reductions that went before the City Commission. Mr. Blasie stated the Commission approved all three cases. Two questions did arise. One question dealt with the type of violation where the respondent did not get a permit for the fence and the fine was reduced to administrative costs. The second queStion was on service, which came up again at tonight's meeting. Mr. Blasie reported that in accordance with the Statute and the Code the City is required to send a notice to the property owner as indicated on the real estate 45 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 18, 2000 records accessed by the City, which is the procedure followed by the Code Compliance Department. When the return receipt is signed and returned, it is presumed to be received. The Code Department cannot govern who picks up mail and who goes to the Post Office. When letters come back, the property gets posted. People still show up when the property is posted. Mr. Blasie pointed out that service can be accomplished in a variety of different ways. By looking through last year's cases Mr. E~lasie reported that the City Commission ratifies 95% of this Board's findings. Mr. Blasie introduced Richard Lavendure, the newest Code Compliance Officer to the Board. VI. ADJOURNMENT There being no further business, the meeting adjourned at 10:15 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (3 tapes) 46 FORM 8B MEM-ORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS IA,W! NAMF I.IR,NI \AMI MIDI)!F NAMF CITY COUNTY NAME OF BOARD, {.'OUNCII.. COMMISSION. AU'I IIORITY. OR COMMII'IEE 'IHE BO,'~RD. COUNCIl.. COM MINSION. AUTHORITY OR COMMVITEE ON WHICiJ..l NFRVE IS A uNrr OF: ~CITY Q COUNTY ra O1 LOCAl. AGENCY NAME OF POI.ITICAL SUBDIVISION: MY POSITION IS: I~ ELECTIVE ~AP~INTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, .city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your res_ponsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whetl~er you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before cdmpletinz the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTEI) OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a pri'ncipal (other than a government agen%') by whom he is retained. In either case, you should disclose the conflict: PRI?R TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the rflinutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to l~is special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person t~olding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose th~ nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by t_Ie officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOT~E WILL BE TAKEN: ,' You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. ('E t:ORM 8B - Igl PAGE FROM IN RE: Novenl ai3poinl all ac~s and Ei~; as Co~o~ power 1 receive Ol; the acc 1N THE OI~'UIT COURT FOR PALM BEACH COUNTY, FLORIDA -~*'TATE OF PROBA~ DIVI~ON ~/ILIJAM SCOTT JENKINS, . FILE NUMBER.' IIINEEEA$, WILUAM SCOl'r JENKINS, a resident of Palm Beach COUrt.ry. ;Flor[.'.d.a, 3er 28, 1999, owning assets In me state of Florida, and . IIMEREA~, WIUJAM SCOTT JENKINS, JR. and ELIZABETH E. MART1NEZ have been :ed co-Personal Representatives of the Estate of the decedent and have pe~ornled. )rerequfsite to issuance of Letters.of Administration In the estate, iOW THEEEFOEE, ! the undersigned circuit judge, declare WILLIAM SCOTT JENKINS, JR. ABETH F_ MA~FINEZ to be duly qualified under the laws of the State of FlOrida to act ~rsonal Representatives of the Estate of WILLIAM SCOTT JENKINS, deceased, with full administer the estate according to the law; to ask, demand, sue for, recover and I~e property of the'decedent; to pay the debts Of the decedent as far as me assets will permit and the law directs; and £o make distribution of the estate lg ~ me laW. "klTNE~s my hand and the seal of this court this~_~_ day'of Ci~u~t Ju~ (561) 642-0100 1-800-433-2005 (FL WATS) (561) 642-0102 (FAX) ROYAL PETROLEUM, INC. DISTRIBUTORS OF -.-- C (~ <~ ~ - / ~:/~3 PETROLEUM PRODUCTS 6741 SOUTH MILITARY TRAIL LAKE WORTH, FLORIDA 33463-7532 October 12. 2000 Skip Lewis Code Compliance Officer Ci P. Bo RE ty of Boynton Beach D. Box 310 ~nton Beach, Fi 33425-0310 Ali's Majestic 302 Bovnton Beach Blvd. Dear Mr. Lewis. This letter is to ~e~uest additional time in the ~o~m of an extension of three months to resolve the violations for the ab3ve location. Royal Petroleum has been trying very diligently for over si:: months to resolve the oroblem with the city. We have hired a .icensed Engineer, a licensed General Contractor. and a licensed Electrician to do the compliance work. To' date the city an~ our peoole have not been able to ~esolve the permit. ~ Royal has a file two inches thick o~ letters and ~axes to th~ city and our exoerts. We truly are wantin~ to bring this matter to an aoreea~le conclusion~ - - Please arant this.extension, hooefully the work will be concluded before the extension expires. Very Truly Yours, Edward G. Morstad~ Vice President CC: Double E Construction Basic Electric Bob Marshall, Engineer