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Minutes 10-19-05 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, OCTOBER 19, 2005 AT 7:00 P.M. Present: Michele Costantino, Chairperson Kathleen Carroll Robert Foot Lisa Simshauser Richard Yerzy, Voting Alternate David Tolces, Board Attorney Scott Blasie, Code Administrator Code Officers: Courtney Cain Luney Guillaume Skip Lewis Richard Laverdure Mike Melillo Vestiguerne Pierre Pete Roy Absent: Kathy Cook Chris DeLiso I. Call to Order Chairperson Costantino called the meeting to order at 7:00 p.m. II. Approval of Minutes - September 21, 2005 Mr. Foot noted Ms. Springer provided corrections to the August 17, 2005 meeting and questioned if the corrections had been made since it did not specifically state the corrections in the minutes of September 21, 2005. Mr. Foot was informed the corrections had been provided to the Recording Secretary at that meeting and were either listed on the last page of the minutes or were in a separate document. All changes requested had been made. The Recording Secretary offered to provide Mr. Foot with a copy of the August 17, 2005 minutes that would show the changes have, in fact, been made. Motion Ms. Simshauser moved to approve the minutes of September 21, 2005. Motion seconded by Ms. Carroll and unanimously carried. III. Approval of Agenda Senior Code Officer Laverdure requested that the following cases be removed from the agenda: Page 1 (Case #05-1787), Victoria Ann Green Page 7 (Case #05-1857), Veoletta Wright Page 18 (Case #05-2160), James Eckert Meeting Minutes Code Compliance Board Boynton Beach, Florida October 19, 2005 Chairperson Costantino congratulated Mr. Laverdure on being promoted to Senior Code Officer. Mr. Foot requested to add a discussion of the November meeting dates to the agenda to avoid any conflict with the Thanksgiving Day Holiday. This would be added under New Business. Motion Ms. Carroll moved to approve the agenda, as amended. Motion seconded by Ms. Simshauser and unanimously carried. IV. Swearing in of Witnesses and Introduction Attorney Tolces explained the plea procedures and stated cases would be heard in the order of their listing on the docket. People who were present would have their cases heard first. All persons present were requested to sign in. The Code Board is authorized by law to ensure compliance with the City's Code of Ordinances. All testimony is under oath and evidence may be presented to the Board. After presenting testimony and evidence, an order would be entered. Pursuant to Florida Statutes, Chapter 162, all orders of the Code Compliance Board may be appealed to the Circuit Court of Palm Beach County Florida. Transcripts of the hearings are available. Attorney Tolces administered the oath to all persons who would be testifying. Senior Code Officer Laverdure called the roll. All persons who were present were requested to state "here." V. New Business A. Cases to be Heard Case No. 05-2068 Property Address: Violation: Scott and Christina Eaton 626 NW 7th Street Section 10-2 B.B.C. of Ord and Chapter 15, Article IX-15-120 (D), Inc.; FBC '01 ED BBA 104.1.1. Please mow overgrown rear yard. Remove all inoperable and unregistered vehicles from yard. Also, repair shed and fence. A permit may be required for the shed. Officer Courtney Cain presented the case and reported he has been sworn in. This is a single-family homestead dwelling and the case originated as the result of a routine inspection on August 31, 2005. The respondents were provided written notice of the violations and were given 30 days to bring the property into compliance. The notice was sent certified mail on September 21, 2005 and the green card was signed on 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 19, 2005 September 24, 2005. Hurricane hazards are present and the City recommends October 29, 2005 (10 days) for compliance. Scott and Christina Eaton, 626 NW 7th Street, Boynton Beach, pled no contest. Mr. Eaton was unaware he was not allowed to keep a vehicle in his backyard. Mrs. Eaton said the vehicle was operable and was in the process of being rebuilt. Chairperson Costantino explained that people are allowed to make certain repairs to their vehicles, but rebuilding a vehicle is not allowed. Chairperson Costantino inquired if there was insurance for the vehicle and whether the tag was current. Mrs. Eaton noted there was no insurance and the tag was not current. Chairperson Costantino pointed out that the vehicle, therefore, is inoperable. Mrs. Eaton said they were cited for an "inoperable" vehicle, but the vehicle is operable. Mrs. Eaton said they never had a problem in the past until the garage located behind their property has continually hit their fence and now the fence has fallen down. They cannot afford to repair the fence. Mr. Eaton questioned why the shed was in violation since it was on the property when they purchased the house. Chairperson Costantino requested to look at the photographs. Inspector Cain presented them to the respondents and then to the Board. Ms. Simshauser asked the respondents how they were going to deal with the fence in light of the impending hurricane. Mrs. Eaton stated the only part of the fence that was missing is the gate; the remainder of the fence is intact. The respondent reported that the yard has complied and the remainder of the violations still exists. Mrs. Eaton noted they have lived at their house for eight years and the shed was never a problem. She questioned why it is now a problem. Chairperson Costantino pointed out because the fence is down, the shed is now visible. Attorney Tolces noted for clarification an "inoperable vehicle" under the City's code is deemed inoperable and/or abandoned if a valid and current motor vehicle license is not affixed thereto in excess of 30 calendar days. Mr. Eaton said he needed at least three weeks to remove the truck. Mr. Foot did not think the respondents would be able to bring their property into compliance in ten days in light of the approaching hurricane. Officer Cain also pointed out that the respondents need to obtain a permit for the shed because it was never permitted. Mrs. Eaton questioned why they had to obtain a permit since it was on the property when they purchased it. Attorney Tolces explained when a person purchases a home, it is their responsibility to perform due diligence to insure that all structures on the property were properly permitted. Therefore, since they are the current owners of the house, it was their responsibility. If they do not obtain a permit for the shed, it would have to be removed. Mrs. Eaton said they planned to remove the shed when they 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 19, 2005 completed the addition to their house. Chairperson Costantino explained the property would remain in violation until this was done. The respondents requested 30 days for compliance. Motion Based on the testimony and evidence presented in Case #05-2068, Ms. Carroll moved that this Board find that Scott and Christina Eaton are in violation of the City of Boynton Beach Code Sections as cited, and move to order that the Respondents correct the violations on or before November 18, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25 per day for each day the violations continue past November 18, 2005, plus Administrative Costs shall be imposed. The respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot and unanimously carried. Case No. 05-2181 Property Address: Violation: Idovia Alexis and Nicolas Octave 2657 NE 4th Street Chapter 15 - Article IX-15-120 (0) 1, Inc.; 10- 3 BBC of Ord; Please remove all trash and debris from back yard and remove all outside storage of items that are hurricane hazards. See exterior storage prohibited list. Repeat violations can carry a fine up to $250 a day. Inspector Roy presented the case and stated the property was a single-family homestead dwelling. The property was cited through a citizen's complaint. The initial inspection date was September 14, 2005. The property was cited through written notice and the respondent was given 10 days for compliance. The hearing notice was mailed on September 26, 2005 and the green card was signed on September 29, 2005. Because hurricane hazards are present, the City recommends October 29, 2005 as the compliance date. Jean Idovia Alexis was present representing his wife. Chairperson Costantino asked Mr. Alexis if he had permission to represent his wife. Code Officer Pierre interpreted for the respondent. Mr. Alexis said he had permission and pled guilty. Chairperson Costantino asked the respondent how much time he needed to bring the property into compliance. He requested 45 days. Mr. Foot inquired how many times the respondent has been cited since the narrative indicated he was a repeat offender. Inspector Roy did not have this information available. Photos of the property were presented to the respondent and then to the Board. 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 19, 2005 The respondent stated he needed more than 10 days because he was going to ship everything to Haiti and this would take some time. Chairperson Costantino pointed out that if the hurricane hit the City, all the material would be ruined or blow into other people's yards. Mr. Foot recommended approving the 10 days being recommended because he thought the respondent should be looking for alternative places to store his merchandise. Motion Based on the testimony and evidence presented in Case #05-2181, Mr. Foot moved that this Board find that Idovia Alexis and Nicolas Octave are in violation of the City of Boynton Beach Code Sections as cited, and move to order that the Respondents correct the violations on or before October 29, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $75 per day for each day the violations continue past October 29, 2005, plus Administrative Costs shall be imposed. The respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Yerzy and unanimously carried. VI. Old Business A. Lien Penalty Certifications (Tabled) Case #04-1446 Michael R. Rogers 111 NE 3rd Avenue Inspector Roy presented the case. The notice of violation date was June 25, 2005 for violation of the Florida Building Code, Boynton Beach Amendments 104.1.1. The case first came before the Board on April 20, 2005 and the respondent was present. A compliance date of June 19, 2005 was set or be fined $75 per day. The property has still not complied for 121 days of non-compliance. Michael Rogers, 111 NE 3rd Avenue, Boynton Beach, pointed out his case was extended to October 19,2005 and he would be applying for a permit. He spoke with the City's Planning and Zoning Division that confirmed the lot that he would be selling is a buildable lot. There were several people interested in purchasing the lot, but when they went to the City, they were informed the lot could not be built on. This has now been straightened out as evidenced by the letter. Mr. Rogers did not have the letter on his person, but he offered to bring a copy of the letter to the City tomorrow. As soon as he sells the lot, he will use the proceeds to fix up his house. He had a contractor at his property today and he requested they speak with Don Johnson at the City so he could get his property fixed up. The contractor informed him the house could be repaired within 30 days. 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 19, 2005 Ms. Carroll noted that Mr. Rogers had a recent fire at his house. He said it was only the kitchen area that was damaged. Mr. Foot asked Mr. Rogers if he received insurance proceeds to repair his property or would the money come from the sale of the adjacent lot. Further, Mr. Foot inquired if the house could be brought up-to-date. Mr. Rogers said his adjacent lot is valued at $125,000. He also has received insurance money as well. Mr. Foot asked how much it would cost to bring the house up to code and Mr. Rogers said it would cost him around $20,000. He explained most of the fire was in the kitchen area. The roof and walls are in good condition. Mr. Rogers explained the house was only 1,100 square feet. Mr. Foot noted the Board must consider either tabling the case or certifying the fine. If the fine were certified, a lien would be placed on the property and the respondent would not be able to sell his lot. Mr. Rogers requested his case be tabled for 30 days. Inspector Roy did not think the house could be repaired in 30 days; however, he would be able to obtain his permits during that time. Ms. Simshauser thought the fine should be certified in order to move the case along. It was pointed out if the Board took this action, it would prevent Mr. Rogers from getting any kind of financing. Chairperson Costantino asked Mr. Rogers if the case were tabled for 30 days, would he bring in the paperwork to verify what he has said tonight. Ms. Simshauser recommended 10 days because the case keeps coming back to the Board. Attorney Tolces pointed out that the Board would not be meeting for 30 days. He also noted that there is an outstanding board order and even if Mr. Rogers produces the requested paperwork, it would not bring the property into compliance. Inspector Roy pointed out that the respondent only needed permits and inspections for compliance. Motion Mr. Foot moved that Case No. 04-1446 be tabled until the Code Compliance Board Meeting to be held on November 16, 2004. Motion seconded by Ms. Carroll and carried 4-1 (Ms. Simshauser dissenting). Case #05-1728 Aaron J. & Genevieve Eller 31 Vista Del Rio Officer Cain recommended tabling this case for 30 days. Motion Mr. Foot moved that Case No. 05-1728 be tabled until the Code Compliance Board Meeting to be held on November 16, 2004. Motion seconded by Ms. Simshauser and unanimously carried. 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 19, 2005 Case #05-1177 Arnold B. Cummings Tr. 100 SW 2nd Ave. Officer Laverdure announced the property has complied and is recommending no fine. Motion Based on the testimony and evidence presented in Case #05-1177, Ms. Simshauser moved that this Board find that the respondent was in violation of the City of Boynton Beach Code Sections as cited, subsequent to the date of compliance specified in this Board's Order of August 17, 2005, and in consideration of the gravity of the violations, the actions taken by the Respondent to remedy the violations, and previous violations of the Respondent, that this Board impose and certify a fine in the amount of $0.00, including Administrative Costs. Motion seconded by Ms. Carroll and unanimously ca rried . Case #05-1724 James Lewis 411 SE 20th Court Inspector Pierre stated the property was cited on July 29, 2005 for violation of the Community Appearance Code. The respondent did appear at the September 21, 2005 Code Compliance Board hearing. A compliance date of October 6, 2005 was set or be fined $75 per day. The violations still exist. James Lewis, 411 SE 20th Court, reported that the boat has been moved to the backyard and the truck is now registered. Also, the backyard debris has been picked up. The only item remaining is the sod for the side yard. He had requested 45 days to do all the work and was only given 15 days. If he had been given the requested amount of time, all the work would have been done. Chairperson Costantino requested to view the photos. Inspector Pierre presented the photos to the respondent and then to the Board. Mr. Foot noted the original citation said the boat was not on hard surface and asked for clarification since it is parked on grass in the backyard. Mr. Blasie said boats could be parked on grass as long as it was parked behind the front roofline of the house. If a boat is parked in front of a house, it must be on a hard surface. Motion Mr. Foot moved that Case No. 05-1724 be tabled until the Code Compliance Board Meeting to be held on November 16, 2005. Motion seconded by Ms. Simshauser and unanimously carried. Case #05-680 Anael F. Lambert 50 S. Palm Drive Inspector Roy reported the property was cited on March 30, 2005 for violation of the Community Appearance Code and Occupational License is required. The case came before the Board on June 15, 2005 and a compliance date of September 13, 2005 was 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 19, 2005 set or be fined $25 per day. The property complied on September 26,2005 for 12 days of non-compliance. The City recommends no fine. Motion Based on the testimony and evidence presented in Case #05-680, Mr. Foot moved that this Board find that the respondent was in violation of the City of Boynton Beach Code Sections as cited, subsequent to the date of compliance specified in this Board's Order of June 15, 2005, and in consideration of the gravity of the violations, the actions taken by the Respondent to remedy the violations, and previous violations of the Respondent, that this Board impose and certify a fine in the amount of $0.00, including Administrative Costs. Motion seconded by Ms. Carroll and unanimously carried. Case No. 05-2118 1 Star Bowling Center II LP CT Corporation System, Registered Agent 1390 W. Boynton Beach Blvd. Pt 3-LDR, Chapter 23, Article 11.0. Parking lot maintenance is required. Property Address: Violation: Attorney Tolces administered the oath to Mr. Sobrowski. Officer Cain presented the case and reported the site is commercial property. The initial inspection date was September 6, 2005. Notice was sent certified mail on October 4, 2005 and the green card was signed on October 6, 2005. Darius Sobrowski, 4621 Hollywood Boulevard, Hollywood, Florida 33021 is the architect and contractor for the owner of the property and is authorized to represent the respondent. He reported they are preparing drawings to rectify the situation. Chairperson Costantino asked how much time was necessary. Mr. Sobrowski estimated the drawings should be ready within two weeks and they would then be submitted to the City for approval. Chairperson Costantino inquired if 90 days would be sufficient. Mr. Sobrowski felt 90 days would be sufficient. Officer Cain thought 120 days might be necessary to get everything done. Mr. Blasie agreed with Officer Cain's recommendation. Mr. Blasie pointed out that CT Corporation System is the registered agent and is not the violator. It was placed on the agenda to show that the registered agent was also notified. Mr. Foot noted there was another property on the agenda located on Congress Avenue that listed CT Corporation as the registered agent. He inquired if the properties were related. Attorney Tolces explained that CT Corporation System is a very large corporation that serves as a registered agent for thousands of corporations. Mr. Sobrowski agreed to 120 days. 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 19, 2005 Motion Based on the testimony and evidence presented in Case #05-2118, Ms. Carroll moved that this Board find that 1 Star Bowling Center II LP is in violation of the City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violations on or before February 16, 2006. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent do not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past February 16, 2006, plus Administrative Costs shall be imposed. The respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot and unanimously carried. Case No. 05-2200 Property Address: Violation: Jean Charles 419 NE 14th Ave. FBC 2004 105.1, Chapter 15, Article IX-15- 120 (0) 1, Inc., Section 10-3 BBC of Ord. Please remove non-permitted concrete block structure and all stored block from the property. Also remove all outdoor stored beds, wood, trash, debris and any other materials (or equipment) from the property. All vehicles need to be registered and operable. Officer Lewis presented the case. The property is a single-family home and the initial inspection date was September 16, 2005. Jean Charles, 419 NE 14th Avenue, Boynton Beach, pled guilty and said he was unfamiliar with the laws. He explained he had the blocks to rebuild the shed he had on the property that was destroyed by the hurricane. He was unaware that a permit was necessary to build a shed and, as a result, he tore the shed down. The bricks on the ground where placed there for his children to play on in order to keep them out of the road. He has also removed the bricks. All the vehicles are registered and he presented proof of registration to Mr. Blasie. Mr. Blasie confirmed that all four vehicles on the property were registered and insured. Mr. Charles said he would be applying for a permit to place the bricks on the west side of his property for his children to play on, but he did not know how long this would take. Officer Lewis said he would go out to the property tomorrow to look at the vehicles. He would recommend 15 days for compliance. He noted the respondent put out a great pile of trash for pick up by the City. However, there is still more outdoor storage in the backyard and on the side of the building and this needs to be cleaned up. Officer Lewis 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 19,2005 pointed out that the blocks cannot remain stored outside while the respondent applies for a permit. He noted that the respondent has been working on his property. Mr. Blasie offered to assist the respondent in completing his application for a permit and thought this could take some time. Inspector Lewis recommended giving Mr. Charles 30 days to see what kind of progress he has made to get the blocks neatly stored so they did not pose a hazard. Officer Lewis was concerned that the bricks might fall on the children playing in the yard. Chairperson Costantino asked the respondent if he was willing to work with the City to get his property into compliance. He agreed with this. Motion Based on the testimony and evidence presented in Case #05-2200, Mr. Foot moved that this Board find that Jean Charles is in violation of the City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violations on or before November 18, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent do not comply with this Order, a fine in the amount of $25 per day for each day the violations continue past November 18, 2005, plus Administrative Costs shall be imposed. The respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Ms. Simshauser and unanimously carried. Case No. 05-2143 Property Address: Violation: Richard Sippel, Barbara Sippel & Wesley Sippel 702 NW 8th Court FBC '01 ED BBA 104.1.1. Permit required for structure in side yard. Officer Cain requested tabling the case to November 16, 2005. Motion Ms. Carroll moved that Case #05-2143 be tabled until the Code Compliance Board Meeting to be held on November 16, 2005. Motion seconded by Ms. Simshauser and unanimously carried. Case No. 05-2133 Property Address: Violation: Francisco & Olga Solis SE 2nd Avenue Section 10-2 BBC of Ord. Vacant lot west of SE 2nd Avenue. Vacant lot must be kept mowed and free from trash and debris 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 19, 2005 Officer Guillaume presented the case. The City recommended a compliance date of October 29, 2005. Motion Based on the testimony and evidence presented in Case #05-2133, Ms. Carroll moved that this Board find that Francisco Solis and Olga Solis are in violation of the City of Boynton Beach Code Sections as cited, and move to order that the Respondents correct the violations on or before October 29, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past October 29, 2005, plus Administrative Costs shall be imposed. The respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Ms. Simshauser and unanimously carried. Case No. 05-1145 Property Address: Violation: BG Meadows Square LLC CT Corporation System 4707 N. Congress Avenue PT 3-LOR, Chapter 4, Section 11; PT3-LOR, Chapter 23-Article 11.0. Please check site plan as to missing trees, shrubs, and holes in parking lot. Fence needs repair. Officer Laverdure presented the case. The City recommended a compliance date of November 18, 2005. Motion Based on the testimony and evidence presented in Case #05-1145, Mr. Foot moved that this Board find that BG Meadows Square LLC is in violation of the City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violations on or before November 18, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past November 18, 2005, plus Administrative Costs shall be imposed. The respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Ms. Simshauser and unanimously carried. Case No. 05-2019 Property Address: Violation: Inlet Plaza 1808 N. Federal Highway Chapter 15, Article IX-15-120 (0) 1, Inc. Section 10-2 B.B.C. of Ord. and Pt3-LOR, Chapter 23, Article 11.0. Please mow and 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 19, 2005 trim overgrown weeds, etc. on the east (alleyway) side of the property. Please remove all discarded mattresses, trash and debris. Repair all potholes on the property. Officer Lewis presented the case. The City recommended a compliance date of November 3, 2005. Motion Based on the testimony and evidence presented in Case #05-2019, Ms. Carroll moved that this Board find that Inlet Plaza is in violation of the City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violations on or before November 3, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past November 3, 2005, plus Administrative Costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Motion seconded by Mr. Yerzy and unanimously carried. Case No. 05-2057 Property Address: Violation: Guy Estella 1515 N. Seacrest Boulevard Section 13-16 B.B.C. of Ord. and Chapter 15, Article IX-15-120 (0), Inc. Occupational rental license is required for this property. Please mow and trim overgrown yard areas. Remove all trash, debris and inoperable vehicles from the property Officer Lewis presented the case and pointed out the respondent is a repeat violator. The respondent telephoned the City and requested 30 days since he just purchased the property. The City agreed with the request for 30 days. Motion Based on the testimony and evidence presented in Case #05-2057, Mr. Foot moved that this Board find that Guy Estella is in violation of the City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violations on or before November 18, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $250 per day for each day the violations continue past November 18, 2005, plus Administrative Costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 19, 2005 inspection of the property to verify compliance with this Order. Motion seconded by Ms. Simshauser and unanimously carried. Case No. 05-1547 Property Address: Violation: Danny G. and Mary W. Parham Estate 3010 SE 1st Street Pt3-LDR, Chapter 20-VIII, Section 1.G., Chapter 15, Article IX-15-120 (D), Inc. and Chapter 15, Article IX-15-120 (E), Inc. Please mow and de-weed all overgrown yard areas; front rear and sides. Overgrown trees, shrubs and bushes need to be trimmed. Remove all unregistered and inoperable vehicles. Repair broken windows. Unfit dwelling unit - No power- unclean. Please restore electrical power. Clean inside to comply with City codes. Repair ceiling. Inspector Pierre reported the property came into compliance today. Motion Mr. Foot moved to dismiss Case #05-1547. Motion seconded by Ms. Simshauser and unanimously carried. Case No. 05-1673 Property Address: Violation: Riverwalk Plaza Joint Venture - Owner Joann Fabrics - Tenant 1620 S. Federal Highway Address: 1632 S. Federal Hwy permit #03- 4950 has not passed final inspection on change out of 10-ton package. See red tag dated June 13, 2005. Inspector Pierre reported the property came into compliance. Motion Mr. Foot moved to dismiss Case #05-1673. Motion seconded by Ms. Carroll and unanimously carried. Case No. 05-1723 Property Address: Violation: Angela Mitchell and Rich Guerin 409 SE 20th Court Chapter 15, Article IX-15-120 (D) Inc. Add shell rock to your driveway or install a new driveway; trim seagrape off the street. 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 19,2005 Inspector Pierre presented the case. The City recommended a compliance date of November 18, 2005. Motion Based on the testimony and evidence presented in Case #05-1723, Ms. Simshauser moved that this Board find that Angela Mitchell and Rich Guerin are in violation of the City of Boynton Beach Code Sections as cited, and move to order that the Respondents correct the violations on or before November 18, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25 per day for each day the violations continue past November 18, 2005, plus Administrative Costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Ms. Carroll and unanimously carried. Case No. 05-1726 Property Address: Violation: Marlene Kiraly 417 SE 21st Avenue Chapter 15, Article IX-15-120 (0), Inc. Water your lawn to obtain a uniform green appearance. Sod all bare spots in yard. Inspector Pierre presented the case. The City recommended a compliance date of November 18, 2005. Motion Based on the testimony and evidence presented in Case #05-1726, Ms. Simshauser moved that this Board find that Marlene Kiraly is in violation of the City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violations on or before November 18, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day for each day the violations continue past November 18, 2005, plus Administrative Costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Ms. Carroll and unanimously carried. Case No. 05-1854 Property Address: Violation: Lori W. Stingo 3626 S. Seacrest Boulevard Chapter 15, Article IX-15-120 (0), Inc. Please sod bare spots and repair or replace your driveway. 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 19, 2005 Inspector Pierre presented the case. The respondent contacted him today and requested 60 days for compliance. The City agreed to a compliance date of December 18,2005. Motion Based on the testimony and evidence presented in Case #05-1854, Ms. Carroll moved that this Board find that Lori W. Stingo is in violation of the City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violations on or before December 18, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day for each day the violations continue past December 18, 2005, plus Administrative Costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Motion seconded by Ms. Simshauser and unanimously carried. Case No. 05-2046 Property Address: Violation: Miriam Bravo 2828 SW 5th Street FBC '01 ED BBA 104.1.1 and BBA FBC '01 104.7.5. Please secure all required permits for porch enclosure. Work done prior to secure permit requires 4x the fee. Inspector Pierre presented the case. The City recommended a compliance date of November 18,2005. Motion Based on the testimony and evidence presented in Case #05-2046, Ms. Carroll moved that this Board find that Miriam Bravo is in violation of the City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violations on or before November 18, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day for each day the violations continue past November 18, 2005, plus Administrative Costs shall be imposed. The respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Motion seconded by Ms. Simshauser and unanimously carried. Case No. 05-2095 Property Address: Violation: Lakhmichand N. Kalra Tr. 3725 Diane Drive Chapter 15, Article IX-15-120 (D), Inc. and Chapter 20, Section 8 E-16. Please remove dead tree from your front yard. Also, place 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 19, 2005 4" house number on building visible from the adjacent street. Also, fix broken window. Inspector Pierre presented the case. The City recommended a compliance date of November 18, 2005. Inspector Pierre reported the only violation remaining is repair of the broken window. Motion Based on the testimony and evidence presented in Case #05-2095, Mr. Foot moved that this Board find that Lakhmichand N. Kalra Tr. is in violation of the City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violations on or before November 18, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day for each day the violations continue past November 18, 2005, plus Administrative Costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Ms. Carroll and unanimously carried. Case No. 05-2225 Property Address: Violation: Marsha Jones NW 10th Avenue Section 10-2 SSC of Ord. Chapter 10, Article II 10-24, Inc. Vacant lot east of 519 NW 10th Avenue. Remove pile of debris from vacant lot. Special pickup may be needed. Inspector Roy presented the case. The City recommended a compliance date of October 29,2005. Motion Based on the testimony and evidence presented in Case #05-2225, Ms. Simshauser moved that this Board find that Marsha Jones is in violation of the City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violations on or before October 29, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past October 29, 2005, plus Administrative Costs shall be imposed. The respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Ms. Carroll and unanimously carried. 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 19, 2005 Case No. 05-1939 Property Address: Violation: Ronald C. Washam 112 S. Atlantic Dr. W Chapter 15, Article IX-15-120 (D) 1, Inc. Your property must be kept mowed and free of all loose trash and debris. Inspector Roy presented the case. The City recommended a compliance date of October 29, 2005. Motion Based on the testimony and evidence presented in Case #05-1939, Mr. Foot moved that this Board find that Ronald C. Washam is in violation of the City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violations on or before October 29, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day for each day the violations continue past October 29, 2005, plus Administrative Costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Motion seconded by Ms. Carroll and unanimously carried. Case No. 05-1989 Property Address: Violation: David Fisher 2801 NE 4th Street Section 13-16 B.B.C. of Ord. and Chapter 20, Section 8 E-16. 4" house numbers are required on a building visible from the city right-of-way and an occupational license is required for a rental property. Inspector Roy presented the case. The City recommended a compliance date of October 29, 2005. Motion Based on the testimony and evidence presented in Case #05-1989, Ms. Carroll moved that this Board find that David Fisher is in violation of the City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violations on or before October 29, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past October 29, 2005, plus Administrative Costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Motion seconded by Ms. 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 19, 2005 Simshauser and unanimously carried. VI. Old Business B. Lien Penalty Certifications Officer Laverdure reported the City is recommending that the following cases be certified at $25 per day. Case #05-600 (Page 36), Allen Zambelia Case #05-1346 (Page 40), Boynton Shipwreck, Inc. Case #05-1741 (Page 42), Janet Loffio Case #05-1098 (Page 48), David R. Moody Case #05-600 Allen Zambelia 206 SW 3'd Street Motion Based on the testimony and evidence presented in Case No. 05-600, Ms. Simshauser moved that this Board find that the Respondent has not complied with this Board's Order dated August 17, 2005, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $25 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. Carroll and unanimously carried. Case #05-1346 Boynton Shipwreck, Inc. 811 SE 3'd Street Motion Based on the testimony and evidence presented in Case No. 05-1346, Ms. Simshauser moved that this Board find that the Respondent has not complied with this Board's Order dated August 17, 2005, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $25 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. Carroll and unanimously carried. Case #05-1741 Janet Loffio 2012 S. Federal Hwy. #402 Motion Based on the testimony and evidence presented in Case No. 05-1741, Ms. Simshauser moved that this Board find that the Respondent has not complied with this Board's Order dated September 21, 2005, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $25 per day, plus administrative costs, which shall continue to accrue until 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 19, 2005 the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Ms. Carroll and unanimously carried. Case #05-1098 David R. Moody 184 S. Palm Drive Motion Based on the testimony and evidence presented in Case No. 05-1098, Ms. Simshauser moved that this Board find that the Respondent has not complied with this Board's Order dated August 17, 2005, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $25 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. Carroll and unanimously carried. Officer Laverdure reported the City is recommending that the following case be certified at $50 per day. Case #05-1905 Lesly Alcide & Marie Dort 609 W. Ocean Ave. Motion Based on the testimony and evidence presented in Case No. 05-1905, Mr. Foot moved that this Board find that the Respondents have not complied with this Board's Order dated September 21, 2005, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $50 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. Carroll and unanimously carried. Officer Laverdure reported the City is recommending no fine for the following cases: Case #05-112 (Page 23), Victor B. and Joan Shahid Case #05-789 (Page 31), Michelle L. Hubbard Case #05-1108 (Page 32), Mariza Torraco Case #05-1703 (Page 33), Church of God at Boynton Beach Case #05-735 (Page 37), Joseph E. Higgins, Jr. Case #05-1289 (Page 39), Guy Estella Case #05-1955 (Page 43), Southern Homes of Palm Beach LLC Case #05-1923 (Page 44), Gail Luchey Case #05-697 (Page 46), Vincent & Anthony Dangelo Case #05-799 (Page 47), Orville U. & Desseen R. Smith Case #05-1332 (Page 49), Abagail Denson 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 19, 2005 Case #05-112 Victor B. and Joan Shahid 204 SE 2nd Avenue Motion Based on the testimony and evidence presented in Case #05-112, Mr. Foot moved that this Board find that the Respondents, Victor B. and Joan Shahid, were in violation of the City of Boynton Beach Code Sections as cited, subsequent to the date of compliance specified in this Board's Order of July 20, 2005, and in consideration of the gravity of the violations, the actions taken by the Respondents to remedy the violations and previous violations of the Respondents, that this Board impose and certify no fine or Administrative Costs. Motion seconded by Ms. Simshauser and unanimously carried. Case #05-789 Michelle L. Hubbard 1239 Gondola Lane Motion Based on the testimony and evidence presented in Case #05-789, Mr. Foot moved that this Board find that the Respondent, Michelle L. Hubbard, was in violation of the City of Boynton Beach Code Sections as cited, subsequent to the date of compliance specified in this Board's Order of June 15, 2003, and in consideration of the gravity of the violations, the actions taken by the Respondent to remedy the violations and previous violations of the Respondent, that this Board impose and certify no fine or Administrative Costs. Motion seconded by Ms. Simshauser and unanimously carried. Case #05-1108 Mariza Torraco 829 NW 1st Avenue Motion Based on the testimony and evidence presented in Case #05-1108, Mr. Foot moved that this Board find that the Respondent, Mariza Torraco, was in violation of the City of Boynton Beach Code Sections as cited, subsequent to the date of compliance specified in this Board's Order of August 17, 2005, and in consideration of the gravity of the violations, the actions taken by the Respondent to remedy the violations and previous violations of the Respondent, that this Board impose and certify no fine or Administrative Costs. Motion seconded by Ms. Simshauser and unanimously carried. Case #05-1703 Church of God at Boynton Beach 1015 Old Boynton Rd. Motion Based on the testimony and evidence presented in Case #05-1703 Mr. Foot moved that this Board find that the Respondent, Church of God at Boynton Beach, was in violation of the City of Boynton Beach Code Sections as cited, subsequent to the date of compliance specified in this Board's Order of September 21, 2005, and in consideration of the gravity of the violations, the actions taken by the Respondent to remedy the violations and previous violations of the Respondent, that this Board impose and certify 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 19, 2005 no fine or Administrative Costs. Motion seconded by Ms. Simshauser and unanimously carried. Case #05-735 Joseph E. Higgins, Jr. 701 SE 4th Street Motion Based on the testimony and evidence presented in Case #05-735, Mr. Foot moved that this Board find that the Respondent, Joseph E. Higgins, Jr., was in violation of the City of Boynton Beach Code Sections as cited, subsequent to the date of compliance specified in this Board's Order of July 20, 2005, and in consideration of the gravity of the violations, the actions taken by the Respondent to remedy the violations and previous violations of the Respondent, that this Board impose and certify no fine or Administrative Costs. Motion seconded by Ms. Simshauser and unanimously carried. Case #05-1289 Guy Estella 212 SW 10th Avenue Motion Based on the testimony and evidence presented in Case #05-1289, Mr. Foot moved that this Board find that the Respondent, Guy Estella, was in violation of the City of Boynton Beach Code Sections as cited, subsequent to the date of compliance specified in this Board's Order of August 17, 2005, and in consideration of the gravity of the violations, the actions taken by the Respondent to remedy the violations and previous violations of the Respondent, that this Board impose and certify no fine or Administrative Costs. Motion seconded by Ms. Simshauser and unanimously carried. Case #05-1955 Southern Homes of Palm Beach LLC. 3103 S. Federal Hwy. Motion Based on the testimony and evidence presented in Case #05-1955, Mr. Foot moved that this Board find that the Respondent, Southern Homes of Palm Beach LLC, was in violation of the City of Boynton Beach Code Sections as cited, subsequent to the date of compliance specified in this Board's Order of September 21, 2005, and in consideration of the gravity of the violations, the actions taken by the Respondent to remedy the violations and previous violations of the Respondent, that this Board impose and certify no fine or Administrative Costs. Motion seconded by Ms. Simshauser and unanimously ca rried. Case #05-1923 Gail Luchey 124 NW 10th Avenue Motion Based on the testimony and evidence presented in Case #05-1923, Mr. Foot moved that this Board find that the Respondent, Gail Luchey, was in violation of the City of Boynton Beach Code Sections as cited, subsequent to the date of compliance specified 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 19,2005 in this Board's Order of September 21, 2005, and in consideration of the gravity of the violations, the actions taken by the Respondent to remedy the violations and previous violations of the Respondent, that this Board impose and certify no fine or Administrative Costs. Motion seconded by Ms. Simshauser and unanimously carried. Case #05-697 Vincent & Anthony Dangelo 3019 Grove Road Motion Based on the testimony and evidence presented in Case #05-697, Mr. Foot moved that this Board find that the Respondents, Vincent and Anthony Dangelo, were in violation of the City of Boynton Beach Code Sections as cited, subsequent to the date of compliance specified in this Board's Order of June 15, 2005, and in consideration of the gravity of the violations, the actions taken by the Respondents to remedy the violations and previous violations of the Respondents, that this Board impose and certify no fine or Administrative Costs. Motion seconded by Ms. Simshauser and unanimously carried. Case #05-799 Orville U. & Desseen R. Smith 2741 NW 1st Street Motion Based on the testimony and evidence presented in Case #05-799, Mr. Foot moved that this Board find that the Respondents, Orville U. & Desseen R. Smith, were in violation of the City of Boynton Beach Code Sections as cited, subsequent to the date of compliance specified in this Board's Order of May 18, 2005, and in consideration of the gravity of the violations, the actions taken by the Respondents to remedy the violations and previous violations of the Respondents, that this Board impose and certify no fine or Administrative Costs. Motion seconded by Ms. Simshauser and unanimously carried. Case #05-1332 Abagail Denson 3145 Ocean Parkway Motion Based on the testimony and evidence presented in Case #05-1332, Mr. Foot moved that this Board find that the Respondent, Abagail Denson, was in violation of the City of Boynton Beach Code Sections as cited, subsequent to the date of compliance specified in this Board's Order of August 17, 2005, and in consideration of the gravity of the violations, the actions taken by the Respondent to remedy the violations and previous violations of the Respondent, that this Board impose and certify no fine or Administrative Costs. Motion seconded by Ms. Simshauser and unanimously carried. Officer Laverdure reported that the City is recommending that the following case be tabled to November 16, 2005: 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 19. 2005 Case #05-988 Helen K. Tullos 118 NW 4th Street Motion Ms. Carroll moved that Case #05-988 be tabled until the Code Compliance Board Meeting to be held on November 16, 2005. Motion seconded by Ms. Simshauser and unanimously carried. Officer Laverdure reported the City is recommending that the following cases be tabled until December 21, 2005: Case #04-731 Thirty-Six Hundred Holdings 3629 S. Federal Hwy. Motion Ms. Carroll moved that Case #04-731 be tabled until the Code Compliance Board Meeting to be held on December 21, 2005. Motion seconded by Ms. Simshauser and unanimously carried. Case #05-567 Robert J. Manze Ltd. Partnership 8562 Lawrence Road Motion Ms. Carroll moved that Case #5-567 be tabled until the Code Compliance Board Meeting to be held on December 21, 2005. Motion seconded by Ms. Simshauser and unanimously carried. Officer Laverdure reported the City is recommending that the following case be tabled until April 19, 2006. Case #03-2152 Premier Gateway Center at Quantum 2051 High Ridge Rd. Motion Mr. Foot moved that Case #03-2152 be tabled until the Code Compliance Board Meeting to be held on April 19, 2006. Motion seconded by Ms. Carroll and unanimously ca rried . Officer Laverdure reported the City is recommending that the following cases be dismissed: Case #05-832 Laverne Glassco & Summer Bryant 330 NW 1st Avenue Motion Mr. Foot moved that Case No. 05-832 be dismissed. Motion seconded by Ms. Carroll and unanimously carried. 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 19, 2005 Case #05-677 RGRS Inc. 2991 W. Boynton Beach Blvd. Motion Mr. Foot moved that Case No. 05-677 be dismissed. Motion seconded by Ms. Carroll and unanimously carried. New Business Mr. Blasie noted the members were provided with a letter addressed to the Code Compliance Board dated October 11, 2005 from Bishop Sylvester Banks, Sr. of the Bible Church of God regarding Case #05-1700. The letter stated that all violations have been taken care of and Bishop Banks requested that all liens and fines against the property be removed. Mr. Blasie responded to the letter on October 1ih and advised Bishop Banks that the violations still exist and they need to move expeditiously to correct them. If they are taken care of, staff would recommend that the Board consider waiving the fines when they appear before the Board in November. . Thanksgiving Mr. Blasie reported that the lien reduction hearing is the same day as Thanksgiving. Staff will determine if the cases could be combined with the regular meeting cases. Chairperson Costantino requested that no sex offender cases be scheduled for the regular meeting. Mr. Blasie agreed with this request. If necessary, a special meeting could be held the Thursday after the regular meeting to hear those cases. VII. Adjournment There being no further business, the meeting properly adjourned at 8:30 p.m. Respectfully submitted, ,.~<h<t-c<- j, . lit t~<iLt<~ Barbara M. Madden Recording Secretary (October 21.2005) 24