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Minutes 11-16-05 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, NOVEMBER 16, 2005 AT 7:00 P.M. Present: Michele Costantino, Chairperson Kathleen Carroll Kathy Cook, Vice Chair Chris DeLiso Robert Foot Lisa Simshauser Richard Yerzy David Tolces, Board Attorney Scott Blasie, Code Administrator Code Officers: Courtney Cain Skip Lewis Mike Melillo Vestiguerne Pierre Pete Roy I. Call to Order Chairperson Costantino called the meeting to order at 7:00 p.m. II. Approval of Minutes - October 19, 2005 Motion Ms. Carroll moved to approve the minutes of October 19, 2005. Motion seconded by Mr. Yerzy and unanimously carried. III. Approval of Agenda . Inspector Roy announced that Case #03-2123, Ridgepointe Woods Association, Inc., Page 2, should be tabled until January 18, 2006. Motion Mr. Foot moved to table Case # 03-2123. Motion seconded by Ms. Carroll and unanimously carried. . Inspector Roy announced that Case #05-2143, Richard, Barbara & Wesley R. Sippel, page 4, has complied. . Inspector Roy announced that Case # 05-1675, DSS Properties, LC, page 5, should be tabled until January 18, 2006. Motion Mr. Foot moved to table Case # 05-1675. Motion seconded by Vice Chair Cook and unanimously carried. Meeting Minutes Code Compliance Board Boynton Beach, Florida November 16, 2005 · Under New Cases, Case #05-2001, page 6, has been removed · Inspector Roy announced that Case #05-1959, Stevo, Inc., page 8, should be tabled until December 21,2005. Motion Mr. Foot moved to table Case #05-1959. Motion seconded by Ms. Carroll and unanimously carried. 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 T olces 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. Inspector Roy called the roll and requested all persons who were present to please state so. V. New Business A. Reconsideration of Case Allen Zambelia, Case #05-600 (page 1) - not present B. Cases to be Heard (Tabled) Case # 05-2061 Property Address: Violations: Sherleen Riley 1390 NW 1st Court Chapter 15, Article IX-15-120 (0) 1, Inc. Please remove inoperable vehicles from the property. Mow and trim overgrown yard areas. Remove all trash and debris. Re-sod dead areas of the yard and swale. 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 16, 2005 Senior Code Officer Lewis presented the case and reported the initial inspection date was August 30,2005. Sherleen Riley, 1390 NW 1st Court, Boynton Beach, pled no contest. Chairperson Costantino inquired how much time the respondent needed to bring the property into compliance. Ms. Riley responded most of the violations have been taken care of. Officer Lewis said the vehicle on the property, as of today, was still missing one tire and another vehicle did not have a tag. The respondent reported she obtained a tire for the car today. With regard to the vehicle without a tag, Ms. Riley had the tag in the car, which she drove to the meeting. Ms. Riley was not aware of what sections of the yard needed grass and requested that Officer Lewis come out to her property to show her what needed to be done. Officer Lewis noted there was a trash hole area on the north side of the property. Ms. Riley stated it was the neighbor that caused the hole, not her. Officer Lewis presented photographs first to the respondent and then to the Board. The respondent was asked how much time she needed for compliance and she stated 30 days. Officer Lewis recommended 60 days. Motion Based on the testimony and evidence presented in Case #05-2061, Ms. Carroll moved that this Board find that Sherleen Riley 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 January 15, 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 does not comply with this Order, a fine in the amount of $25 per day for each day the violation continues past January 15, 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. VI. Old Business A. Lien Penalty Certifications (Tabled) Case #05-1724 James Lewis 411 SE 20th Court Officer Pierre presented the case. The notice of violation was July 29, 2005. The respondent was present 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 property complied today (November 15, 2005) for 40 days of non-compliance. 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 16, 2005 James Lewis, 411 SE 20th Court, assumed the podium and said he would have been in compliance a lot sooner if the trash had been picked up. Vice Chair Cook inquired when the debris had been removed from the back yard. Mr. Lewis said he removed it prior to the hurricane. Chairperson Costantino responded the only remaining issue was the grass and moving the boat. Mr. Lewis pointed out the boat is now in the backyard and the fence had been installed. Mr. Lewis did not think the property was actually in compliance so he did not plant the grass because the trash had to be picked up first. The trash had been picked up today and he will be planting grass. Motion Based on the testimony and evidence presented in Case # 05-1724, Mr. DeLiso moved that this Board find that the Respondent, James Lewis, 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 a fine in the amount of zero (0). Motion seconded by Ms. Carroll. Mr. Foot pointed out that the City had incurred administrative expenses and he would recommend a fine of one-half of those costs for approximately $250. Mr. DeLiso indicated he did not wish to change his motion. Chairperson Costantino requested that the roll be called. The motion failed 2-5 (Chairperson Costantino, Vice Chair Cook, Mr. Foot, Ms. Simshauser and Mr. Yerzy dissenting) . Motion Based on the testimony and evidence presented in Case # 05-1724, Mr. Foot moved that this Board find that the Respondent, James Lewis, 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 a fine in the amount of $250, including Administrative Costs. Motion seconded by Vice Chair Cook and carried 6-1 (Mr. DeLiso dissenting). Cases to be Heard (Tabled) Case # 05-503 Property Address: Violations: Leonard and Joann Williams 14600 Bredin Court Livonia, MI 48154 1116 Lake Terrace G115 FBC '01 ED BSA 104.1.1; FBC '01 EO 105.6; BSA FBC '01 104.7.5. Please secure permits 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 16, 2005 and inspections. See copy of "Red Tag" dated March 1, 2005. Inspector Cain presented the case and reported this is a multi-family dwelling. The initial inspection date was March 7, 2005. The respondents were originally given 10 days for compliance and the property has not yet complied. The notice was sent certified mail on March 30, 2005. Joann Williams, 1116 Lake Terrace, Unit G115, reported they reside in Boynton Beach January through April. The remainder of the year, they reside in Michigan. Ms. Williams pled not guilty. Inspector Cain reported the property was cited as the result of a contractor installing shutters. The installation of the shutters also involved electrical work that required permits and inspections. The contractor never applied for a permit or inspections for the electrical work. There was a permit for the shutters. Inspector Cain reported the shutters were roll-up that worked on electricity. He noted the respondents have tried to contact the contractor to resolve the problem and they came down from Michigan specifically to resolve the case. Ms. Williams pointed out they signed a contract on March 4, 2004 for shutters. Since that time, the contractor has been out to their property numerous times to do the work and she had faxed them the paperwork received from the City. Ms. Williams asked for direction on how to proceed under these circumstances. They have called the contractor several times to take care of the permitting and inspections, but the contractor has failed to do so. Vice Chair Cook recommended tabling the case until the respondents were able to speak with the contractor about resolving the matter. Mr. Foot pointed out it was the responsibility of the property owner to obtain the proper permits, whether the contractor has been cooperating or not. Mr. Blasie reported that Ms. Springer of his office has been assisting the Williamses with their case. Ms. Springer thought that the sub-contractor had filed an application and there was a problem with getting access to the property since the respondents reside in Michigan a great part of the year. He also recommended tabling the case. Mr. Foot suggested tabling the case until January 18, 2006. He also recommended that the respondents consult with an attorney to deal with the contractor. Motion Vice Chair Cook moved that Case #05-503 be tabled until the Code Compliance Board Meeting to be held on January 18, 2006. Motion seconded by Mr. Foot and unanimously carried. 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 16, 2005 Case #04-1446 Michael R. Rogers 111 NE 3rd Avenue Inspector Roy presented the case. Mr. Rogers distributed some documents to Chairperson Costantino that were handed to Attorney Tolces (copies were not provided to the Clerk). Michael R. Rogers assumed the podium and stated he has contractors lined up to make the repairs to his property and requested 60 days. He anticipated all the work would be done by that date. He will keep Inspector Roy informed of his progress and thanked him for all his help. Mr. Foot asked Attorney Tolces what evidence there was in the documents that would indicate the contracts have been signed and work is being lined up. Attorney Tolces explained he was provided with an unsigned application for a mortgage. Mr. Rogers brought this in to show he had the funding lined up. Unfortunately, the people that had intended to purchase the lot next door are no longer there, but he has someone new lined up. As soon as he has a deal, he will provide proof to the City. Mr. Foot did not think that Mr. Rogers could close on his application for a mortgage within 30 days and recommended tabling the case until January 18, 2006. Motion Mr. Foot moved that Case #04-1446 be tabled until the Code Compliance Board Meeting to be held on January 18, 2006. Vice Chair Cook inquired if any progress had been made during the past year regarding this property. Inspector Roy was only aware of a demolition permit being pulled to remove the fire debris. Vice Chair Cook further inquired if the property was an eyesore. Mr. Roy pointed out the damage was interior and he did not think the neighbors had a problem with the property. Since the fire last year, Mr. Rogers had another fire. Mr. Rogers further reported he has tried to contact several firms, but no one ever called him back. Chairperson Costantino called for a second and vote on the motion. Vote Motion seconded by Vice Chair Cook and unanimously carried. Case #05-2198 Yves Hubert 725 N. Federal Highway Inspector Roy presented the case. The property was cited on September 16, 2005 for violation of the Florida Building Code and the Boynton Beach Amendments. The case came before the Board on September 21, 2005 and a compliance date of October 21, 2005 was set or be fined $250 per day. The property has not yet complied for 25 days of non-compliance. 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 16, 2005 Yves Hubert, 725 N. Federal Highway, asked the Board to extend his case because of the hurricane. Further, he had been attacked by his tenant and ended up in the hospital and then to jail as a result of the attack. Therefore, he needed some additional time. Chairperson Costantino asked how much time Mr. Hubert needed and he was not certain how much time he would need to apply for a variance from the City. He would like to do some research to learn how CVS obtained a variance for the same kind of variance that he would be applying for. Vice Chair Cook noted that the $250 per day fine continued to accrue. Mr. Hubert requested January 18, 2006 as a continuance date. Mr. Foot asked the respondent if he had done anything to bring the property into compliance. Mr. Hubert installed a temporary door to secure the building due to the impending hurricanes. He still needed to apply for a variance since the City does not allow any overhead doors facing Federal Highway. Mr. Hubert had consulted with an attorney to deal with the assault charges and the hospital charges, but had not applied for a variance to date. He had an architect working on the variance, but not an attorney. Mr. Hubert was unaware that he needed an attorney for a variance. Mr. Yerzy inquired how long it would take the architect to finish the drawings. Mr. Hubert said he was not provided with a timeframe. Attorney Tolces explained that the Planning and Zoning Board considers variance requests and one consideration they would take into account is whether or not it was a self-imposed hardship. Therefore, Attorney Tolces could not tell how long it would take for the application to get to the Board for consideration. Chairperson Costantino was not in favor of granting the respondent any further time and recommended certifying the fine. It could be dealt with at a later date through the lien reduction process. Mr. Hubert explained he has been dealing with this particular tenant for nine months and he called the Police Department many times, but they would not support him and the Police refused to press assault and battery charges against this tenant. Mr. Hubert finally evicted the tenant a month ago. Mr. Foot inquired if the respondent was a repeat violator. Inspector Roy did confirm that the respondent had prior cases before the Board. There is an occupational license case still not resolved. Motion Based on the testimony and evidence presented in Case #05-2198, Vice Chair Cook 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 $250 per day, plus administrative costs, which shall continue to accrue until 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 16,2005 the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Foot and unanimously carried. Case #05-1700 Bible Church of God, Inc. 1390 N. Seacrest Blvd. Reverend David Banks, 7405 Sunny Hills Terrace, Lantana, Florida, assumed the podium. Attorney Tolces administered the oath to Rev. Banks, who stated he was in charge of the Bible Church of God, Inc. Officer Lewis presented the case. The violation notice date was July 26, 2005 for violation of the Community Appearance Code and Florida Building Code. Officer Lewis pointed out there were all kinds of debris on the property including inoperable buses, trucks, autos, trash, construction material, 55-gallon drums, tires, discarded items and excessive debris creating a hurricane hazard. Further, the fill dumped on the east side of the property requires a permit and to cease making any further deposits. No one appeared at the September 21, 2005 Code Compliance Board Hearing Date. A compliance date of October 6, 2005 was set or be fined $100 per day. The violations still exist. Chairperson Costantino inquired if any of the violations have been taken care of and if the buses were still on the property. Officer Lewis said most of the debris is still on the property. Rev. Banks pointed out that the buses are operable and none of the equipment is inoperable. The buses are used as backup vehicles for the operation of the church ministry. The debris and trees have been picked up, even prior to the storm, but there are still two 55-gallon drums remaining on the property. He anticipated that these would be moved within 10 days. Chairperson Costantino pointed out that the vehicles must be registered, otherwise they are considered inoperable vehicles. Mr. Foot inquired if any of the debris created a hurricane hazard. Rev. Banks noted that all the debris had been removed prior to the hurricane. Officer Lewis presented photos of the property prior to the hurricane and after the hurricane, first to the respondent and then to the Board. Officer Lewis pointed out all the debris that was on the property shown in the photographs, in addition to the fill that had been dumped on the property. Officer Lewis pointed out that Scott Blasie, Code Compliance Administrator, sent a letter to the respondent regarding the violations. Rev. Banks explained they have paid a contractor to remove all the overgrown debris. Rev. Banks said they responded to the letter that Mr. Blasie had sent and they stopped doing the work that Mr. Blasie mentioned in the letter. Chairperson Costantino recommended tabling the case for 30 days to allow the respondent time to register the vehicles. Rev. Banks felt they could be in compliance within 30 days and the City agreed to 30 days. Officer Lewis recommended they meet 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 16, 2005 on the site to go over the violations with the respondent. Rev. Banks agreed to meet with Officer Lewis at the property. Motion Mr. Foot moved that Case # 05-1700 be tabled until the Code Compliance Board Meeting to be held on December 21, 2005. Motion seconded by Ms. Carroll and unanimously carried. Reconsideration of Case Case # 05-600 Property Address: Violations: Allen Zambelia 206 SW 3rd Street Chapter 15, Article IX-15-120 (D) 1, Inc. Please repair or replace driveway. Install sod in the dead areas of yard to achieve a uniform green appearance. Mr. Blasie, Code Compliance Administrator, presented the case. He pointed out the case was recently before the Board and the respondent was given a compliance date of September 16, 2005. The property had structural damage from last year's hurricane and they were living in a FEMA trailer in their front yard as a result of those hurricanes. The property was about 50% completed when the fine was certified and since that time it is almost 80% in compliance. They placed sod down in the yard and swale. One of the areas that had to be sodded was piled with hurricane debris. As a result, he would like the Board to dismiss the case, because the property is almost 90% in compliance. He spoke with the respondents today and he would like the Board to remove the fine since the respondents are still forced to live in the trailer. Attorney Tolces inquired if the fine was, in fact certified, and Mr. Blasie reported that it was. Attorney Tolces said the Board could rescind the fine or do a motion to reconsider the Board's Order to certify the fine. Motion Mr. Foot moved to reconsider Case #05-600. Motion seconded by Ms. Carroll and unanimously carried. Attorney Tolces pointed out as a result of the motion to reconsider, the fine has not been certified. The Board could do an order of dismissal or table the case to another date. Mr. Blasie requested that the Board consider dismissing the case. Vice Chair Cook pointed out the City could always re-cite the property if it did not come into compliance, which Mr. Blasie concurred. 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida Motion November 16,2005 Vice Chair Cook moved to dismiss Case #05-600. Motion seconded by Mr. Foot and unanimously carried. Case # 05-2168 Property Address: Violations: Ameritech International, Inc. SW 8th Street Section 10-2 BBC of Ord. Vacant lot south of 302 SW 8th Street. Please mow vacant lot and remove all Florida Holly and Melaleuca Trees from property. Inspector Cain presented the case. The City recommended a Compliance Date of November 26, 2005. Motion Based on the testimony and evidence presented in Case #05-2168, Vice Chair Cook moved that this Board find that Ameritech International, Inc., 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 26,2005. 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 November 26, 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 # 05-2268 Property Address: Violations: Greg Hertz & Molly D. Hertz 510 SW 28th Avenue FBC '01 Ed BBA 104.1.1. Permit is required for your canopy. Please contact the Building Department for permit information Inspector Pierre presented the case. The City recommended a Compliance Date of December 16,2005. Motion Based on the testimony and evidence presented in Case #05-2268, Ms. Carroll moved that this Board find that Greg Hertz and Molly D. Hertz are 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 16, 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, 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 16, 2005 a fine in the amount of $25 per day for each day the violations continue past December 16, 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 Vice Chair Cook and unanimously carried. Case # 05-2340 Property Address: Violations: Peggy Hankerson 218 NW 11th Avenue Section 13-16 B.B.C. of Ord. Obtain occupational license to rent property. An inspection of the premises is required prior to issuance of license. Make application to Occupational License Deparbnent and arrange for an inspection. Inspector Roy presented the case. The City recommended a Compliance Date of November 26, 2005. Motion Based on the testimony and evidence presented in Case #05-2340, Ms. Simshauser moved that this Board find that Peggy Hankerson 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 26, 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 November 26, 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 Vice Chair Cook and unanimously carried. Lien Penalty Certifications (Tabled) The City recommended certifying the fines in the following cases at $25 per day. Case #04-1890 (Page 12), AAM Industries, Inc. Case #05-1728 (Page 13), Aaron J. & Genevieve Eller Case # 04-1890 AAM Industries, Inc. 225 SE 5th Avenue Motion Based on the testimony and evidence presented in Case #04-1890, Vice Chair Cook moved that this Board find that the Respondent has not complied with this Board's Order dated October 20, 2004, and having considered the gravity of the violations, the 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 16, 2005 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. Simshauser and unanimously carried. Case #05-1728 Aaron J. & Genevieve Eller 31 Vista Del Rio Motion Based on the testimony and evidence presented in Case #05-1728, Vice Chair Cook 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 Respondents, 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 Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Ms. Simshauser and unanimously carried. The City recommended certifying the following case (page 19) at $50 per day. Case #05-1575 Jennie L. Daniels 407 NW 16th Avenue Motion Based on the testimony and evidence presented in Case #05-1575, Mr. Foot 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 $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. The City recommended no fine in the following cases: Case #05-988 Helen K. Tullos, (Page 14) Case #05-572, Joseph Sabine, (Page 15) Case #05-1504, Theodore & Linda Williams, (Page 18) Case #05-1470, Jason S. & Leigh A. Fink, (Page 21) Case #05-1979, Joseph P. O'Halloran, (Page 22) Case #05-972, Paul & Mary Savage, (Page 24) Case #25 #05-1595, John Brown, (Page 25) 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 16, 2005 Case #05-988 Helen K. Tullos 118 NW 4th Street Motion Based on the testimony and evidence presented in Case # 05-988, Ms. Carroll moved that this Board find that the Respondent, Helen K. Tullos, 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 a fine in the amount of zero (0). Motion seconded by Ms. Simshauser and unanimously carried. Case #05-572 Joseph Sabine 152 SE 29th Avenue Motion Based on the testimony and evidence presented in Case # 05-572, Ms. Carroll moved that this Board find that the Respondent, Joseph Sabine, 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 April 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 a fine in the amount of zero (0). Motion seconded by Ms. Simshauser and unanimously carried. Case #05-1504 Theodore & Linda Williams 1611 NE 1st Court Motion Based on the testimony and evidence presented in Case # 05-1504 Ms. Carroll moved that this Board find that the Respondents, Theodore and Linda Williams, 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 September 21, 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 a fine in the amount of zero (0). Motion seconded by Ms. Simshauser and unanimously carried. Case #05-1470 Jason S. & Leigh A. Fink 3307 Fernwood Drive Motion Based on the testimony and evidence presented in Case # 05-1470, Ms. Carroll moved that this Board find that the Respondents, Jason S. & Leigh A. Fink, 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 August 17, 2005, and in consideration of the gravity of the violations, the actions taken by the Respondents to remedy the violations, 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 16, 2005 and previous violations of the Respondents, that this Board impose and certify a fine in the amount of zero (0). Motion seconded by Ms. Simshauser and unanimously carried. Case #05-1979 Joseph P. O'Halloran 2008 S. Federal Hwy. 205 Motion Based on the testimony and evidence presented in Case # 05-1979, Ms. Carroll moved that this Board find that the Respondent, Joseph P. O'Halloran, 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 a fine in the amount of zero (0). Motion seconded by Ms. Simshauser and unanimously carried. Case #05-972 Paul & Mary Savage 2650 NW 1 st Street Motion Based on the testimony and evidence presented in Case # 05-972, Ms. Carroll moved that this Board find that the Respondents, Paul & Mary Savage, 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 September 21, 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 a fine in the amount of zero (0). Motion seconded by Ms. Simshauser and unanimously carried. Case #05-1595 John Brown 2627 HE 4th Street Motion Based on the testimony and evidence presented in Case # 05-1595, Ms. Carroll moved that this Board find that the Respondent, John Brown, 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 a fine in the amount of zero (0). Motion seconded by Ms. Simshauser and unanimously carried. Case #05-1728 Aaron J. & Genevieve Eller 31 Vista Del Rio Inspector Roy reported that the Board certified this case at $25 per day, when in fact it should have been certified at zero (0) fine. Attorney Tolces recommended the Board move to reconsider Case #05-1728. 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 16, 2005 Motion Ms. Carroll moved to reconsider Case No.05-1728. Motion seconded by Mr. Yerzy and unanimously carried. Motion Based on the testimony and evidence presented in Case No. 05-1728, Ms. Carroll moved that this Board find that the Respondents, Paul & Mary Savage Aaron J. & Genevieve Eller, 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 September 21, 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 a fine in the amount of zero (0). Motion seconded by Ms. Simshauser and unanimously carried. VI. Adjournment There being no further business, the meeting properly adjourned at 8: 1 0 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (November 17, 2005) 15