Loading...
Minutes 12-21-05 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, DECEMBER 21,2005 AT 7:00 P.M. Present Michele Costantino, Chairperson Kathy Cook, Vice Chair Kathleen Carroll Chris DeLiso Bob Foot Lisa Simshauser Richard Yerzy David Tolces, Assistant City Attorney Scott Blasie, Code Administrator Code Officers: Courtney Cain Luney Guillaume Rich Laverdure Skip Lewis Mike Melillo Vestiguerne Pierre Pete Roy Willie Webb I. Call to Order Chair Costantino called the meeting to order at 7:00 p.m. II. Approval of Minutes, November 16 and 17, 2005 Chair Costantino declared a change to the minutes as follows: On page 15, Case #05-1728, the motion paragraph should read, "Aaron J. & Genevieve Eller" instead of Paul & Mary Savage. Motion Mr. Foot moved to approve the Minutes of November 16, 2005 as amended. Mr. Yerzy seconded the motion that passed 7-0. Motion Mr. Foot moved to approve the minutes of November 17, 2005 as presented. Mr. Yerzy seconded the motion that passed 7-0. III. Approval of Agenda Chair Costantino asked Code Officer Melillo if he had any changes, additions, or deletions to the agenda. Sr. Code Officer Melillo declared page 1, Case #01-1959, would be tabled until February 15, 2006. Motion Mr. Foot moved to table Case #01-1959 to February 15, 2006. Ms. Carroll seconded the motion that passed 7-0. Sr. Code Officer Melillo declared page 2, Case #03-692, would be tabled until June 21, 2006. Meeting Minutes Code Compliance Board Boynton Beach, Florida December 21, 2005 Motion Mr. Foot moved to table Case #03-692 to June 21, 2006. Mr. Yerzy seconded the motion that passed 7-0. Sr. Code Officer Melillo stated the following cases would be tabled until February 15, 2006: Case #04-2664, Case #04-2665, Case #04-2666, Case #04-2667, Case #04-2668, Case #04- 2669, Case #04-2670, Case #04-2671, Case #04-2672, Case #04-2673, Case #04-2674. Chair Costantino reminded the Board members there was a letter in the agenda packet pertaining to these cases from Lakeside Harbor. Motion Mr. Foot moved to table Case #04-2664 to February 15, 2006. Ms. Carroll seconded the motion that passed 7-0. Motion Mr. Foot moved to table Case #04-2665 to February 15, 2006. Ms. Carroll seconded the motion that passed 7-0. Motion Mr. Foot moved to table Case #04-2666 to February 15, 2006. Ms. Carroll seconded the motion that passed 7-0. Motion Mr. Foot moved to table Case #04-2667 to February 15, 2006. Ms. Carroll seconded the motion that passed 7-0. Motion Mr. Foot moved to table Case #04-2668 to February 15, 2006. Ms. Carroll seconded the motion that passed 7-0. Motion Mr. Foot moved to table Case #04-2669 to February 15, 2006. Ms. Carroll seconded the motion that passed 7-0. Motion Mr. Foot moved to table Case #04-2670 to February 15, 2006. Ms. Carroll seconded the motion that passed 7-0. Motion Mr. Foot moved to table Case #04-2671 to February 15, 2006. Ms. Carroll seconded the motion that passed 7-0. Motion Mr. Foot moved to table Case #04-2672 to February 15, 2006. Ms. Carroll seconded the motion that passed 7-0. 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 21, 2005 Motion Mr. Foot moved to table Case #04-2673 to February 15, 2006. Ms. Carroll seconded the motion that passed 7-0. Motion Mr. Foot moved to table Case #04-2674 to February 15, 2006. Ms. Carroll seconded the motion that passed 7-0. Sr. Code Officer Melillo stated Case #05-2209 would be tabled until January 26, 2006. Motion Mr. Foot moved to table Case #05-2209 to January 26, 2006. Ms. Simshauser seconded the motion that passed 7-0. Sr. Code Officer Melillo declared Case #05-2427 and Case #05-2447 had come into compliance. Motion Mr. Foot moved to approve the agenda as amended. Ms. Carroll seconded the motion that passed 7-0. IV. Swearing in of Witnesses and Introduction Attorney Tolces explained the hearing procedures and administered the oath to all persons that would be testifying. Sr. Code Officer Melillo called the roll and determined who was present. V. New Business A. Cases to be Heard Case #05-1713 Property Address: Violation{ s}: West Industrial Associates 1300 W. Industrial Avenue FBC '01 ED BBA 104.1.1 AIC installed without a permit Code Officer Cain reported the initial inspection of the property was on July 27, 2005 and a written notice to the owner gave 10 days to bring the property into compliance. Proof of service was achieved through certified mail. Milan Novotny, 1300 W. Industrial Avenue, Boynton Beach, pled no contest, which he then changed to not guilty. Mr. Novotny appeared to represent the landlord. Mr. Novotny's tenant, Alba Health Services, was the violator and had now filed bankruptcy. The bankruptcy trustee advised Alba Health Services and Mr. Novotny they could not contact each other or enter the premises. 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 21, 2005 Attorney Tolces asked if Code Officer Cain knew that Alba Health Services was, in fact, doing business at this location. Code Officer Cain did not have that information. Attorney Tolces remarked that typically, during bankruptcy, nothing could be done to affect a property that was the subject of a bankruptcy. He felt it would be useful if the respondent could produce information from the bankruptcy trustee to show that Alba Health Services was doing business at this address. Mr. Novotny allowed the Board to peruse the communication he received from the bankruptcy trustee. After perusal of the document, Attorney Tolces asked Mr. Novotny to have a copy made for Code Officer Cain. Also, Attorney Tolces recommended tabling the case until February 15, 2006, in accordance with the dates on the bankruptcy documents. Motion Mr. Foot moved to table Case #05-1713 to February 15, 2006. Mr. Yerzy seconded the motion that passed 7-0. Code Officer Cain noted there was another case for the same location, Case #05-1715. Motion Mr. Foot moved to table Case #05-1715 to February 15, 2006. Ms. Simshauser seconded the motion that passed 7-0. Scott Blasie, Code Administrator, asked Code Officer Cain to detail the nature of the second violation. Code Officer Cain declared the violation was for installing a rack system and taking out a wall without a permit. Case #05-2280 Property Address: Violation( s): Hayes Clinical Laboratory, Inc. 2431 Quantum Boulevard FBC '01 ED BBA 104.1.1 Permit required to install an air conditioning unit Code Officer Cain reported the initial inspection of the property was conducted on September 29, 2005. The violator was given 10 days to comply in a written notice on the same day. Individual service was made on November 28, 2005. Chad Frederich, President of Hayes Clinical Lab, 2431 Quantum Boulevard, Boynton Beach, pled guilty. He indicated all the contractors were now in the process of getting permits, although their response had been slow. Hayes Clinical Labs installed the air conditioner because they had expensive chemicals in their instruments that went bad very easily without cool temperatures. The air conditioning unit provided with the building initially did not provide sufficient cooling for their purposes and they were losing chemicals. He had been in close contact with Code Officer Cain, who agreed the 30 days proposed by Mr. Frederich would probably be enough time to bring about compliance. After discussion, Mr. Frederich changed his plea to no contest. 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 21, 2005 Motion Based on testimony and evidence presented in Case #05-2280, Ms. Carroll moved the Board find that Hayes Clinical Laboratory, Inc. is in violation of the City of Boynton Beach Code sections as cited, and move to order the Respondents correct the violation on or before January 20, 2006. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25 per day the violation continues past January 20, 2006 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 reinspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that passed 7-0. Case #05-2596 Property Address: ViolationC s): 3300 South Congress Avenue LLC 3300 S. Congress Avenue 13-16 BBC of ORD Occupational license is required Code Officer Cain reported the initial inspection date was November 21, 2005. The property owner was given a written notice with 10 days to comply. A notice was sent certified mail on December 6, 2005 and an acknowledgment card was signed and returned on December 8, 2005. Felix Gazul, owner of Protection Engineering System, a tenant at 3300 S. Congress Avenue, #15, appeared at the request of the owner of the property. He pled no contest. It seemed to the Board that the owner of the property was required to obtain an occupational license, and that Mr. Gazul would also need to have one. Chair Costantino asked Mr. Gazul if he were renting the property, and Mr. Gazul responded he was renting the property in question, but buying the property next door. His license expired in September. He was moving to the property next to this one three days before Hurricane Wilma. This was because the City required two-hour firewalls and mechanical ventilation for his business in order to issue his new license. He felt it made sense to put in the firewalls and mechanical ventilation in the place he was buying. The storm, however, destroyed the roof of that building and everything in it. After that, he had to return to this property. The owners told him they had plans for the firewalls, but they never presented the plans to the City. He was responsible for the mechanical ventilation, because the owners told him he had to provide it; however, he did not do so because he was planning to move next door. He had been doing the same business in Boynton Beach for twelve years. Attorney Tolces was not sure Mr. Gazul was a member of the Board or an officer of the entity that had been cited, so he would not want him to speak on behalf of the owner unless he were. Mr. Gazul responded he was not on the Board or an officer of 3300 South Congress Avenue LLC. Attorney Tolces stated the City would have to cite Mr. Gazul's company separately for lack of an occupational license, since it did not appear that Protection Engineering Systems had been 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 21, 2005 noticed. Since there was no real representation for the owner, the case could be addressed in that portion of the Code Board meeting dealing with those not present. Motion Mr. Foot moved to table Case #05-2596 until later in the meeting. Ms. Carroll seconded the motion that passed 7-0. Mr. Gazul was advised he would need to speak to Pete McCray in the Building Department about the requirements for license renewal. Case #05-2495 Property Address: Violation< s): Eastside Lofts Development LLC 623 S. Federal Highway 10-2 BBC of ORD Vacant property with trash and debris Code Officer Guillaume reported the property had been inspected on December 13, 2005. Written notice was sent giving 10 days to comply. Service was obtained by certified mail. This is the Old Boynton Motel, which is to be demolished to make way for the Eastside Lofts Development. James Seifert, 623 S. Federal Highway, Boynton Beach, pled no contest. They had just received disconnects from FPL and after taking care of that, the contractors could begin demolition of the building. The structure will be removed upon receipt of the permit, and 30 days should be enough time. Motion Based on testimony and evidence presented in Case #05-2495, Vice Chair Cook moved the Board find that Eastside Lofts Development LLC is in violation of the City of Boynton Beach Code sections as cited, and move to order the Respondents correct the violation on or before January 20, 2006. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day the violation continues past January 20, 2006 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 reinspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that passed 7-0. Case #05-2211 Property Address: Violation< s): Patricia A. Martin 116 S.E. 30th Avenue FBC '01 ED 104.1.1 Secure permits for shed Work commenced prior to permit Place 4" house number on house Remove all unregistered/inoperative vehicles from the carport. Code Officer Pierre advised that the house number had been applied and the car had been removed. The primary issue was the permit for the shed. 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 21,2005 Patricia A. Martin, 116 S.E. 30th Avenue, Boynton Beach, pled no contest. She had gone to the contractor recommended by the Building Department, but he had not done anything on the plans for the shed, as he was very busy. Motion Based on testimony and evidence presented in Case #05-2211, Mr. Foot moved the Board find that Patricia A. Martin is in violation of the City of Boynton Beach Code sections as cited, and move to order the Respondent correct the violation on or before June 20, 2006. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondents, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day the violation continues past June 20, 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 reinspection of the property to verify compliance with this Order. Vice Chair Cook seconded the motion that passed 7-0. Case #05-2487 Property Address: Violation(s): Jason E. &. Mattei R. Robinson 615 N.W. 4th Street CH15-ART.IX-15-120 (D) INC, CH10- ARTII-SEC10-24 (B) (1); FBC '01 ED BBA 104.1.1 Permits required for windows and doors; cut hedges on 6th Avenue side; Call for special pick-up to remove horticultural debris from property. Sr. Code & Rehab Officer Pete Roy reported this property had been cited as a result of a routine inspection on October 13, 2005. A written notice was provided on October 13, 2005 giving 10 days to comply. Certified mail was sent on November 5, 2005 and a notice was posted on November 14, 2005. The permits are for electricity and re-roof. Chair Costantino asked if any work had been done. Code Officer Roy stated some cleanup had been done, but there was still debris in the backyard. Hedges were cut, but not correctly. Jason Robinson, 430 N.W. 6th Avenue, Boynton Beach, pled no contest. Mr. Robinson indicated the City did not have any records on the property and he needed some to get the required drawings. On November 6, he hired someone to take care of this, but the contractor did not have time to do the job yet. The house was purchased on September 14. The amount of trash on the property was not to be believed. Several dumpsters full of trash had been removed from the property already. There were no hedges, only very tall weeds. Mr. Robinson had cut down and carted off as much vegetation as possible. When he bought the property, there was a pool in the back yard, which he had drained, after relocating an eight-foot iguana. There was no door on the house except a piece of plywood and some wood to hold it closed. He did not know how long it would take to get the drawings he needed, and this is what was holding up completion of the compliance issues. He thought that six months would be sufficient to bring about complete compliance. 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 21, 2005 Code Officer Roy showed pictures to the respondent and to the Board. The Board felt the motion should be split in sections: 1) debris, 2) permits for windows and roof. Motion Based on testimony and evidence presented in Case #05-2487, Mr. Foot moved the Board find that Jason E. and Mattei R. Robinson are in violation of the City of Boynton Beach Code sections as cited, as to the debris and hedge, and move to order the Respondents correct those violations on or before January 20, 2006. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by 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 January 20, 2006 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 reinspection of the property to verify compliance with this Order. Vice Chair Cook seconded the motion that passed 7-0. Mr. Robinson stated the trash and debris had been removed. What could be seen in the photograph was a live Areca palm. Code Officer Roy offered to meet Mr. Robinson at the property and tell him exactly what the City wanted to see. Mr. Robinson said he did not have time to meet Code Officer Roy right now. Motion Based on testimony and evidence presented in Case #05-2487, Mr. Foot moved the Board find that Jason E. and Mattei R. Robinson are in violation of the City of Boynton Beach Code sections as cited, as to permits for windows and doors, and move to order the Respondents correct those violations on or before June 20, 2006. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by 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 June 20, 2006 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 reinspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that passed 7-0. VI. Old Business A) Lien Penalty Certifications (New) Case #05-1308 Douglas C. Schnell 655 S.W. 1st Avenue Code Officer Cain stated the violation notice was initially issued on June 16, 2005. A Code Compliance Board hearing was held on September 21, 2005 and Mr. Schnell appeared. The Board set a compliance date of October 21, 2005 and proposed a fine of $50.00 a day for non- compliance. The violations still exist. Douglas Schnell, 655 S.W. 1st Avenue, Boynton Beach, stated the Building Department told him he had to have a survey for the shed and fence permits. The County and the City of Boynton Beach did not have the survey. He was refinancing his home and the financial 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 21, 2005 institution found a survey and he was waiting to get it. The closing was next week and the paperwork should be available at that time. Mr. Foot asked if Mr. Schnell had met all other requirements for getting a permit such as plans, and so forth. Mr. Schnell said he had tried to get all the paperwork for product approval for his manufactured shed. Motion Ms. Carroll moved to table Case #05-1308 until March 15, 2006. Mr. DeLiso seconded the motion that passed 5-2, Chair Costantino and Vice Chair Cook dissenting. Case #05-1730 Armenian Cultural Assn. of America 850 W. Boynton Beach Blvd. Code Officer Cain declared this property had been cited on July 29, 2005 because it had to be mowed and had downed trees and Florida Holly to be removed. A Code Compliance Board hearing was held on September 21, 2005 and a representative of the Armenian Cultural Association of America appeared. A compliance date was set for November 20, 2005. The Board proposed a fine of $25 per day for non-compliance. The violations still exist. Dahran Damielian, 3000 N. Ocean Drive, Singer Island, appeared on behalf of the owner. He explained they had entered into a contract with D. J. Casey Enterprises on October 22 to clear the land, but they did not respond to telephone calls and letters, and they finally fired them. They were able to sign an agreement with a legitimate West Palm Beach firm, Charles Johnson Landscape and Maintenance. They advanced Mr. Johnson $6,800, which represented half of the total cost of the job. Mr. Johnson had been to the City several times to try to get a permit and had spoken to Kevin Hallahan, City Forester, and was frustrated because he was not granted a license or permit to do the work. It appeared that Mr. Johnson did not have an excavation license from the City of Boynton Beach. Code Officer Cain stated they did not need a permit. Vice Chair Cook suggested Code Officer Cain and Mr. Damielian try to get a straight answer on the issue from Kevin Hallahan. The Board could not advise him, as that was not its role. Code Officer Cain said this had been going on since July. During an earlier conversation with the Respondent, a downed power line on the property was given as the reason the downed trees were not being removed. This was the first Code Officer Cain had heard about contractors having a hard time getting a permit. He could have addressed that over the telephone. Motion Mr. Foot moved to table Case #05-1730 to January 18, 2006. The motion failed for lack of a second. Motion Ms. Carroll moved to table Case #05-1730 to February 15, 2006. Mr. Foot seconded the motion. The vote was inconclusive. At the request of Chair Costantino, the Recording Secretary polled the vote. The motion failed 5-2, Ms. Carroll and Mr. Foot dissenting. 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 21,2005 Mr. Damielian explained they did not have trees down from the hurricanes last year. The downed trees were a result of complying with the City's order to clear 33 feet of trees and vegetation 30 feet from the property's border east of Leisureville. Motion Based on the testimony and evidence presented in Case #05-1730, Mr. DeLiso moved this Board find the Respondent had 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 the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Vice Chair Cook seconded the motion that passed 6-1. Mr. Foot wanted to make a comment, but was told the vote had already been taken. He felt he had not been given an opportunity to ask for discussion before the vote. At the request of Chair Costantino, the Recording Secretary polled the vote. The motion passed 6-1, Mr. Foot dissenting. Case #05-2168 Ameritech International Inc. S.W. 8th Street Code Officer Cain reported the owner of this vacant lot had been cited on September 14, 2005 for violations of the Community Appearance Code. They had to mow the lot and remove Florida Holly and Malaleuca trees. A Code Compliance Board hearing was held on November 16, 2005. No one appeared. The Board set a compliance date of November 26, 2005 and proposed a fine of $50.00 per day for non-compliance. The violations still exist. Joseph Mulhern, 3096 Banyan Road, Boca Raton, owner of Ameritech International, Inc., stated he had been out of the country since September 5, 2005 and returned on December 5. He saw the letter on the tree. The cutters of A-1 Bush Hog were supposed to do the work on the morning after this meeting and the heavier work would be done in one to two weeks. He had made arrangements with these two contractors immediately on hearing of the problem. Motion Mr. Foot moved to table Case #05-2168 to the meeting on January 18, 2006. Ms. Carroll seconded the motion that passed 7-0. Case #05-1228 N. &. Thanisetty R. Tiruvalam 35 Meadows Park Lane Sr. Code Officer Laverdure reported this case had complied and the City recommended "No Fine. " Motion Based on the testimony and evidence presented in Case #05-1228, Ms. Simshauser moved to find that N. & Thanisetty R. Tiruvalam had not complied with this Board's Order dated 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 21, 2005 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 $0.00. Ms. Carroll seconded the motion that passed 7-0. Case #05-2070 Property Address: Violation( s): Rosa C. Sakir 670 South Road FBC '01 ED BBA 104.1.1, and 104.7.5 Obtain permit and inspections for dock. Sr. Code Officer Melillo reported the violation was actually for a dock on North Road. The property is single-family, homesteaded. The violation was a result of a Red Tag from the Building Department on August 29, 2005, but was originally a result of a complaint from a neighbor. The initial inspection was August 29, 2005 and again on August 31, 2005. The dock needs a permit and inspections. The property owner was given 30 days to comply by written notice. Code Officer Melillo issued the notice in person on December 6, 2005. Ralph J. DeVita, Jr., former owner of the property, reported he had "turned over rights to the property" to Rosa Sakir. He still rents a dock from Ms. Sakir. Also, he had done the work on the dock. He further commented he had Ms. Sakir's permission to represent her at this hearing. They own a business together on Federal Highway, Ralph & Rosie's. He pled no contest. On March 28, 2003, Mr. DeVita's neighbor was replacing his dock and walkway. Mr. DeVita called Code Enforcement to come out and inspect it since the neighbor wanted to remove one of Mr. DeVita's pilings in order to dock his boat. The neighbor felt Mr. DeVita's piling was two feet on his property. He did not want to produce a survey, but Mr. DeVita offered to show the Board his survey, which showed the dock to be directly on the line it was supposed to be. The South Florida Water Management District owns the waterway. This was a water lock and different from the Intracoastal. When people rebuilt their lifts after the hurricanes, for example, no one came out to inspect them. Former Building Official, Don Johnson, saw the dock and could not answer Mr. DeVita's question as to where the line stopped. He showed Mr. Johnson the dock next to his. Mr. Johnson asked if the neighbor had used concrete in the pilings, and Mr. DeVita said they had, but they had not gotten a permit to build it. Mr. DeVita gave Mr. Blasie the tax identification number of the person who built the dock next door to him, and Mr. Blasie said he would take care of it; however, they had never been cited. He was the only one being cited for putting pilings in the water to moor a boat. Mr. Gall of the Building Department did not know how Mr. DeVita could go about getting a permit for the dock. He did not think the pilings were in the City's jurisdiction. Now, the City told Mr. DeVita he needed a new survey, since the one he had was over six months old. He could not build the pilings unless he signed a waiver stating they would not sell the house for one year (for an owner/builder permit). He did not see why he should submit himself to that kind of restriction. He felt targeted. He did not think the pilings were under the jurisdiction of the City of Boynton Beach, because they were not attached to the land. Sr. Code Officer Melillo commented the dock and seawall had been permitted in 1990 by the City, through the Department of Environmental Resource Management and the Army Corp of Engineers, which is where Ms. Sakir had to go to get a permit. She would then have to go to 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 21, 2005 the Building Department. They had another permit in 1993 for the light to go on the dock, and it was all done through the City. The City was willing to give the owner sufficient time to take care of this matter. Mr. DeVita continued, saying the pilings were leased from South Florida Water Management. He understood why one would need a permit for the dock, but not for pilings, which were just sticks in the mud. He thought it was ludicrous to be cited for something on which the City could not give him exact specifications. Sr. Code Officer Melillo asked Mr. DeVita if he had applied to the Army Corp of Engineers, and Mr. DeVita replied the Army Corps of Engineers did not cover this portion of the waterway. Sr. Code Officer Melillo said they did. Mr. DeVita stated the lease declared the South Florida Water Management authority was the only one who could give him permission to put his boat in the waterway. This was the lease they had to sign when they bought the property. Attorney Tolces said the Army Corps of Engineers and the South Florida Water Management District both had permitting and regulatory authority over the placement of docks and pilings in waterways. Whether this structure would be exempt from applying for a full environmental resource permit was something he had to find out from both permitting agencies. The Board believed this could take years, and Attorney Tolces said many entities were dealing with that. Mr. DeVita indicated he did not know a permit was needed to change pilings on docks, since all his neighbors did so on a yearly basis. Motion Chair DeLiso moved to table Case #05-2070 until January 18, 2008. Ms. Carroll seconded the motion. The vote was inconclusive. At the request of the Chair, the Recording Secretary polled the vote. The motion passed 5-2, Vice Chair Cook and Mr. Foot dissenting. VI. Old Business A. Lien Reductions Case #02-280 Braulio Castillo 3200 Orange Street Scott Blasie, Code Administrator, reported this case had been cited for Community Appearance Code violations on June 29, 2002. No one appeared at the Code Board meeting on June 19, 2002. The Board set a compliance date of July 19, 2002 and proposed a fine for non- compliance of $25.00 per day. Compliance was documented on September 15, 2003. This was an estimate based on another case on the same property and the date it complied. Mr. Blasie showed before and after photographs to the Respondent and to the Board. Braulio Castillo, 3200 Orange Street, Boynton Beach, stated he had received a notice three years previously to cut the grass and he did so. He did not know he needed to call Code Compliance for inspection. He was applying for refinancing on his home and discovered the lien. 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 21, 2005 Mr. Blasie clarified the issue, saying the violation notice asked the owner to "mow and deweed and fertilize the yard to have grass to comply with City Code." He said he mowed and deweeded and the rest was somewhat open for interpretation. Mr. Blasie stopped by the house today and said it was neat as a pin. Motion Based on the testimony and evidence presented in Case #02-280, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Ms. Simshauser moved that this Board reduce the fines instituted in Case #02-280, by virtue of this Board's Order of June 19, 2002, to an amount of $250.00, including Administrative Costs. Ms. Carroll seconded the motion. The vote was inconclusive. At the direction of the Chair, the Recording Secretary polled the vote. The motion passed 4-3, Chair Costantino, Vice Chair Cook, and Mr. Foot dissenting. Case #96-2759 Ruthie M. Evans 525 N.E. 2nd Street Mr. Blasie indicated this property had originally been cited on May 29, 1996 for violations of the Community Appearance Code. The owner was asked to re-sod or re-seed the lawn, including the swale area. The majority of the problem was in the swale area. The case came before the Board on September 18, 1996 and Ms. Evans appeared. She pled not guilty and said she planted grass seed but the lawn was not fully covered. She also put hedges across the north and northeast side because people were parking cars there. Inspector Roy showed her where grass was needed. Ms. Evans requested sixty days to comply. Code staff established compliance on March 17, 2003. Code staff had estimated the compliance date based on another violation on the same property and the date it was brought into compliance. Mr. Blasie showed before and after pictures to the Respondent and the Board. Chair Costantino noted a discrepancy between the case backup, which stated the fine was $20 per day, and the case summary, which stated the fine was $25 per day. The fine was actually $20 per day and so the total amount of fines was correct as shown. Michael Evans, 3440 Ocean Parkway, Boynton Beach, new owner of 525 N.E. 2nd Street and grandson of Luther May Evans, viewed the before and after photographs shown by Mr. Blasie. The photographs were then shown to the Board. Mr. Evans indicated the property was a duplex and his grandmother lived on the other side. His grandmother was living on Social Security and had been since 1994 and did not have much money to fix things up. His aunt lived in the duplex and had been paying the mortgage. It was not rented out to her. Mr. Blasie said Ms. Evans' swale had often been used as a dumping ground by her neighbors. He doubted his aunt or grandmother had the ability to go out and control that. 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 21, 2005 Mr. Foot asked if Mr. Evans knew when the property was actually brought into compliance. Mr. Evans said he was not sure. His grandmother said it had been in compliance "off and on." They had gotten other violations and had always brought the property into compliance, although he could not give a specific time when this violation had complied. Motion Based on the testimony and evidence presented in Case #96-2759, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Ms. Carroll moved that this Board reduce the fines instituted in Case #96-2759, by virtue of this Board's Order of September 18, 1996, to an amount of $250.00, including Administrative Costs. Ms. Carroll seconded the motion. The vote was inconclusive. Mr. Foot seconded the motion that passed 6- 1, Mr. Yerzy dissenting. V. New Business A. Cases to be Heard (cont'd.) Case #05-2501 Property Address: Violation( s): Eloi & Rosemarie Renel 166 W. Ocean Drive CH15-ART.IX-15-120 (D) INC, FBC '01 ED BBA 104.1.1 Remove vehicle from jacks and from yard. Shed is dilapidated - remove or repair. Permit required for shed. Remove all appliances from side porch and repair screen on the porch. Code Officer Cain indicated the City recommended a compliance date of December 31, 2005. Motion Based on testimony and evidence presented in Case #05-2501, Vice Chair Cook moved the Board find that Eloi and Rosemarie Renel are in violation of the City of Boynton Beach Code sections as cited, and move to order the Respondents correct the violation on or before December 31, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day the violation continues past December 31, 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 reinspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed 7-0. Motion Mr. Foot moved to take Case #05-2596 off the table. Vice Chair Cook seconded the motion that passed 7-0. 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 21, 2005 Case #05-2596 Property Address: Violation( s): 3300 So. Congress Ave. LLC 3300 S. Congress Avenue 13-16 BBC of ORD Occupational license required to run business. Motion Based on testimony and evidence presented in Case #05-2596, Vice Chair Cook moved the Board find that 3300 So. Congress Avenue LLC are in violation of the City of Boynton Beach Code sections as cited, and move to order the Respondents correct the violation on or before January 20, 2006. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25 per day the violation continues past January 20, 2006 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 reinspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed 7-0. Case #05-2349 Property Address: Violation< s): Las Ventanas Boynton Beach L TD 316 S.E. 12th Avenue 10-2 BBC ofORD Vacant lot must be kept mowed and free from trash and debris. Code Officer Guillaume indicated the City recommended a compliance date of December 31, 2005. Motion Based on testimony and evidence presented in Case #05-2349, Ms. 5imshauser moved the Board find that Las Ventanas Boynton Beach L TD are in violation of the City of Boynton Beach Code sections as cited, and move to order the Respondents correct the violation on or before December 31, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day the violation continues past December 31, 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 reinspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed 7-0. Case #05-2414 Property Address: Violation( s): Jeffery and Elizabeth Shaffer N.E. 1st Street 10-2 BBC ofORD Vacant lot east of address: 201 N.E. 1st Avenue. Lot must be kept mowed and free of trash and debris. 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 21, 2005 Code Officer Guillaume indicated the City recommended a compliance date of December 31, 2005. Motion Based on testimony and evidence presented in Case #05-2414, Ms. Simshauser moved the Board find that Jeffrey and Elizabeth Shaffer are in violation of the City of Boynton Beach Code sections as cited, and move to order the Respondents correct the violation on or before December 31, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day the violation continues past December 31, 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 reinspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed 7-0. Case #05-2467 Property Address: Violation( s): Debra J. Wilson 115 S.W. 2nd Avenue 10-2 BBC of ORD Mow overgrown yard and swale. Code Officer Guillaume indicated the City recommended a compliance date of December 31, 2005. Motion Based on testimony and evidence presented in Case #05-2467, Ms. Simshauser moved the Board find that Debra J. Wilson is in violation of the City of Boynton Beach Code sections as cited, and move to order the Respondent correct the violation on or before December 31, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day the violation continues past December 31, 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 reinspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed 7-0. Case #05-2391 Property Address: Violation( s): George &. Valerie Tijerina 450 N.E.14th Avenue CH15-ART.IX-15-120 (D) 1 INC, CH 20, SEC 8 E-16 Mow and trim overgrown yard areas. Remove inoperable vehicles from property. Outdoor storage in back yard needs to be removed. Visible 4-inch house number is required on the house. 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 21, 2005 Sr. Code Officer Skip Lewis indicated the City recommended a compliance date of January 20, 2006. Motion Based on testimony and evidence presented in Case #05-2391, Vice Chair Cook moved the Board find that George and Valerie Tijerina are in violation of the City of Boynton Beach Code sections as cited, and move to order the Respondents correct the violation on or before January 20, 2006. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25 per day the violation continues past January 20, 2006 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 reinspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed 7-0. Case #05-2536 Property Address: Violation( s}: John Purland 505 S.E. 21st Avenue FBC '01 ED 104.1.1 All non-permitted work done on house requires building, mechanical and electrical permits. Permits needed to comply include the following: 1} building permits for the new habitable room on the southwest corner (previously enclosed porch) and new wood structure attached to rear of the building; 2} electrical permits for alc, water heater, washer, and dryer hookups. 3 mechanical permits for central alc systems Sr. Code Officer Lewis stated Mr. Purland wrote the Code Department a letter, and the Board members were provided a copy. Mr. Purland asked to have until April 20, 2006 to get in compliance. The City concurred. Vice Chair Cook asked Code Officer Lewis if there were any health hazards that would prevent granting this extension, and Code Officer Lewis responded there were not. The house was vacant. Motion Based on testimony and evidence presented in Case #05-2536, Ms. Simshauser moved the Board find that John Purland is in violation of the City of Boynton Beach Code sections as cited, and move to order the Respondent correct the violation on or before April 20, 2006. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 21, 2005 previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day the violation continues past April 20, 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 reinspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed 7-0. Case #05-2537 Property Address: Violation( s): Omari Murray 211 S.E. 4th Avenue FBC '01 ED 104.1.1 and 105.6, PT3- LDR.CH20-VIII.SEC I.G, SEC 2.A, 13- 16 BC of ORD, CHI5-ART.IX-15-120 (D)INC Building uninhabitable due to unsafe conditions. All exterior damaged materials need to be repaired and replaced. Interior damaged materials need to be replaced and repaired to meet Code. All work to be done requires permits and inspections. Rental property requires an occupational license. All yard areas need to be mowed and de-weeded. Property needs to be cleaned of all trash, debris, and other items. Deteriorated, non-permitted shed needs to be removed from the property. Sr. Code Officer Lewis indicated the City recommended a compliance date of January 20, 2006. Code Officer Lewis stated there was someone living on one side of the house. The owner wrote to Code Officer Lewis, apologizing for the condition of the house and saying everything would be resolved in the next 7-14 days. Code Officer Lewis believed the people living on one side of the duplex were gone. He had to placard the house to give notice. Motion Based on testimony and evidence presented in Case #05-2537, Vice Chair Cook moved the Board find that Omari Murray is in violation of the City of Boynton Beach Code sections as cited, and move to order the Respondent correct the violations on or before January 20, 2006. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $200 per day the violation continues past January 20, 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 reinspection of the property to verify compliance with this Order. The motion failed for lack of a second. 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 21,2005 Motion Based on testimony and evidence presented in Case #05-2537, Mr. Yerzy moved the Board find that Omari Murray is in violation of the City of Boynton Beach Code sections as cited, and move to order the Respondent correct the violation on or before January 20, 2006. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day the violation continues past January 20, 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 reinspection of the property to verify compliance with this Order. Mr. DeLiso seconded the motion. Mr. Foot did not think 30 days would be sufficient time for the owner to handle all the violations and thought 90 days would be more reasonable. The vote was inconclusive. At the request of the Chair, the Recording Secretary polled the vote. The motion passed 5-2, Chair Costantino and Mr. Foot dissenting. Case #05-2587 Property Address: Violation< s): Boynton Vistas Inc. S. Circle Drive 13-16 BBC of ORD., PT3-LDR.CH20- VIII.SEC1.G, and SEC 2.A Repair all windows to secure dwelling unit #4. All apartments need to be brought up to Code to remain as livable rental units. Secure proper rentallicen5e - inspections required. Sr. Code Officer Lewis indicated the City stated the owner's representative, Sara Wolff, requested until February 19, 2006 to comply. He felt this was reasonable. Chair Costantino asked if the deterioration of this unit would affect the other tenants, and Code Officer Lewis responded it would not. There was one complaint that prompted the other violations. Motion Based on testimony and evidence presented in Case #05-2587, Vice Chair Cook moved the Board find that Boynton Vistas Inc. are in violation of the City of Boynton Beach Code sections as cited, and move to order the Respondents correct the violation on or before February 19, 2006. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day the violation continues past February 19, 2006 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 reinspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed 7-0. 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 21, 2005 Case #05-2613 Property Address: Violation{ s): Geneva Russell N.E. 12th Avenue 10-2 BBC of ORD Vacant lot east of 119 N.E. 12th Avenue. Mow grass, weeds, and trim lot. Sr. Code Officer Melillo indicated the City recommended a compliance date of December 31, 2005. Motion Based on testimony and evidence presented in Case #05-2613, Ms. Simshauser moved the Board find that Geneva Russell is in violation of the City of Boynton Beach Code sections as cited, and move to order the Respondent correct the violation on or before December 31, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day the violation continues past December 31, 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 reinspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed 7-0. Case #05-2617 Property Address: Violation{ s): Geneva Russell 211 N.E. 11th Avenue 10-2 BBC of ORD Vacant lot east of 213 N.E. 11th Avenue Mow grass, weeds, and trim lot. Sr. Code Officer Melillo indicated the City recommended a compliance date of December 31, 2005. Motion Based on testimony and evidence presented in Case #05-2617, Mr. Yerzy moved the Board find that Geneva Russell is in violation of the City of Boynton Beach Code sections as cited, and move to order the Respondent correct the violation on or before December 31, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day the violation continues past December 31, 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 reinspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed 7-0. Case #05-2160 Property Address: Violation{ s): James Eckert 178 S.E. 30th Avenue PT3-LDR.CH2. SEC 4.J.l 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 21, 2005 Remove hedges off swale area before they create a visual obstruction. Code Officer Pierre indicated the City recommended a compliance date of December 31, 2005. Motion Based on testimony and evidence presented in Case #05-2160, Ms. Carroll moved the Board find that James Eckert is in violation of the City of Boynton Beach Code sections as cited, and move to order the Respondent correct the violation on or before December 31, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day the violation continues past December 31, 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 reinspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that passed 7-0. Case #05-2199 Property Address: Violation( s): Hany Edward 3908 S. Federal Highway CH15-ART.IX-15-120 (D). INC, PT3- LDR.CH20-VIII.SEC1.G. Unsecured property. Secure property to prevent unauthorized entry. Mow and de-weed property; trim front and rear property; repair fence; remove trash and debris Code Officer Pierre indicated the City recommended January 20, 2006 for compliance. The property is now secured. Motion Based on testimony and evidence presented in Case #05-2199, Ms. Carroll moved the Board find that Hany Edward is in violation of the City of Boynton Beach Code sections as cited, and move to order the Respondent correct the violation on or before January 20, 2006. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day the violation continues past January 20, 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 reinspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that passed 7-0. Case #05-2380 Property Address: Violation( s): Gail Luchey 124 N.W. 10th Avenue PT3-LDR.CH20-VIII.SEC1.G. Secure property to prohibit entry by the public. 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 21, 2005 Sr. Code & Rehab Officer Roy declared this owner had violations on numerous properties. Motion Based on testimony and evidence presented in Case #05-2380, Mr. Foot moved the Board find that Gail Luchey is in violation of the City of Boynton Beach Code sections as cited, and move to order the Respondent correct the violation on or before December 31, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $200 per day the violation continues past December 31, 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 reinspection of the property to verify compliance with this Order. Vice Chair Cook seconded the motion that passed 7-0. Case #05-2381 Property Address: Violation( s): Andrew & Gail Luchey 128 N.W. 10th Avenue CH15-ART.IX-15-120 (D}.INC, 10-2 BBC of ORD Repair fence and remove uncontainerized trash from property. Trash cans to be used and removed after pick-up. Sr. Code & Rehab Officer Roy indicated the City recommended a compliance date of December 31, 2005. Motion Based on testimony and evidence presented in Case #05-2381, Mr. Yerzy moved the Board find that Andrew and Gail Luchey are in violation of the City of Boynton Beach Code sections as cited, and move to order the Respondents correct the violation on or before December 31, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $200 per day the violation continues past December 31, 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 reinspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that passed 7-0. Case #05-2472 Property Address: Violation( s): James R. Hudson 521 N. Federal Highway CH15-ART.IX-15-120 (D).INC. Remove all outside storage and inoperable unregistered vehicles from property. Sr. Code & Rehab Officer Roy indicated the City recommended a compliance date of January 20, 2006. 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 21, 2005 Motion Based on testimony and evidence presented in Case #05-2472, Vice Chair Cook moved the Board find that James R. Hudson is in violation of the City of Boynton Beach Code sections as cited, and move to order the Respondent correct the violation on or before January 20, 2006. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day the violation continues past January 20, 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 reinspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that passed 7-0. Case #05-493 Property Address: Violation(s): Jeanette Howell 2540 N. Seacrest Boulevard FBC '01 ED BBA 104.1.1, CH15, ART.IX-15-120 (D) 1 INC Sod all bare areas in yard. Remove unlicensed and inoperable vehicles. Obtain permit for carport enclosure. Sr. Code Officer Webb indicated the City recommended a compliance date of January 20, 2006. Motion Based on testimony and evidence presented in Case #05-493, Vice Chair Cook moved the Board find that Jeanette Howell is in violation of the City of Boynton Beach Code sections as cited, and move to order the Respondent correct the violation on or before January 20, 2006. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day the violation continues past January 20, 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 reinspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that passed 7-0. R. L. Powell 3255 Ocean Parkway CH15-ART.IX-15-120 (D) 1 INC, CH 20 SEC 8 E-16, FBC '01 ED BA 104.1.1 Sod yard and repair driveway. Place 4- inch house numbers on building that are visible from the adjacent street. Obtain permit for canopy or remove it. Sr. Code Officer Webb indicated the City recommended a compliance date of January 20, 2006. Case #05-1327 Property Address: Violation( s): 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 21, 2005 Motion Based on testimony and evidence presented in Case #05-1327, Vice Chair Cook moved the Board find that R. L. Powell is in violation of the City of Boynton Beach Code sections as cited, and move to order the Respondent correct the violation on or before January 20, 2006. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day the violation continues past January 20, 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 reinspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that passed 7-0. Case #05-2191 Property Address: ViolationCs): Ustun Atac 240 N.W. 28th Avenue CH15-ART.IX-15-120 CD) 1 INC, CH 20 SEC 8 E-16 Sod all bare areas in yard and swale. Place 4-inch house numbers on building visible from the City right-of- way. Sr. Code Officer Webb indicated the City recommended a compliance date of January 20, 2006. Motion Based on testimony and evidence presented in Case #05-2191, Ms. Carroll moved the Board find that Ustun Atac is in violation of the City of Boynton Beach Code sections as cited, and move to order the Respondent correct the violation on or before January 20, 2006. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day the violation continues past January 20, 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 reinspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that passed 7-0. Case #05-2284 Property Address: ViolationC s): Janis Carter 2407 N.E. 4th Court 10-3 BBC of ORD, CH15-ART.IX-15- 120 CD) 1 INC. Remove all trash and debris from backyard that represent hurricane hazards. Sod dead area in front yard. Sr. Code Officer Webb indicated the City recommended a compliance date of January 20, 2006. 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 21,2005 Motion Based on testimony and evidence presented in Case #05-2284, Mr. Yerzy moved the Board find that Janis Carter is in violation of the City of Boynton Beach Code sections as cited, and move to order the Respondent correct the violation on or before January 20, 2006. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day the violation continues past January 20, 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 reinspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed 7-0. Case #05-2436 Property Address: ViolationC s): Jeffrey Lee 2201 N. Seacrest Boulevard CH15-ART.IX-15-120 CD) 1 INC, 13-16 BBC of ORD. Remove all trash and debris and all inoperable and unlicensed vehicles. Trim bushes. Occupational license is required for rental property. Sr. Code Officer Webb indicated the City recommended a compliance date of December 31, 2005. Motion Based on testimony and evidence presented in Case #05-2436, Ms. Simshauser moved the Board find that Jeffrey Lee is in violation of the City of Boynton Beach Code sections as cited, and move to order the Respondent correct the violation on or before December 31, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day the violation continues past December 31, 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 reinspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed 7-0. Case #05-2451 Property Address: ViolationC s): Frank Nigro 125 Flamingo Drive CH15-ART.IX-15-120 CD) 1 INC, 13-16 BBC of ORD. Remove unlicensed and inoperable vehicles from property. Occupational license is required for rental property. Sr. Code Officer Webb indicated the City recommended a compliance date of December 31, 2005. 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 21, 2005 Motion Based on testimony and evidence presented in Case #05-2451, Vice Chair Cook moved the Board find that Frank Nigro is in violation of the City of Boynton Beach Code sections as cited, and move to order the Respondent correct the violations on or before December 31, 2005. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day the violation continues past December 31, 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 reinspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed 7-0. VI. Old Business A) Lien Penalty Certifications - New (continued) Sr. Code Officer Webb indicated the City recommended certifying the fine at $25 per day in the following cases: Case #05-1546, Case #05-1734, and Case #05-2046. Case #05-1546 James P. Cogswell 137 S.E. 8th Avenue Motion Based on the testimony and evidence presented in Case #05-1546, 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 $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. Ms. Simshauser seconded the motion that passed 7-0. Case #05-1734 Walter Clark 1590 N.W. 3rd Street Motion Based on the testimony and evidence presented in Case #05-1734, 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 $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. Ms. Simshauser seconded the motion that passed 7-0. Case #05-2046 Miriam Bravo 2828 S.W. 5th Street Motion Based on the testimony and evidence presented in Case #05-2046, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated October 19, 2005, and having considered the gravity of the violations, the actions taken by the Respondent, 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 21,2005 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. Ms. Simshauser seconded the motion that passed 7-0. Sr. Code Officer Melillo indicated the City recommended certifying a fine of $50 per day in Case #05-2340. Case #05-2340 Peggy Hankerson 218 N.W. 11th Avenue Motion Based on the testimony and evidence presented in Case #05-2340, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated November 16, 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. Ms. Carroll seconded the motion that passed 7-0. Sr. Code Officer Melillo stated the City recommended certifying "No Rne" in Case #05-567, Case #05-1989, and Case #05-2181. Case #05-567 Robert J. Manze Ltd. Partnership 8562 Lawrence Road Motion Based on the testimony and evidence presented in Case #05-567, Ms. Simshauser moved that this Board find that the Respondent has not complied with this Board's Order dated April 20, 2005, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify "No Fine", including administrative costs. Ms. Carroll seconded the motion that passed 7-0. Case #05-1989 David Fisher 2801 N.E. 4th Street Motion Based on the testimony and evidence presented in Case #05-1989, Ms. Simshauser moved that this Board find that the Respondent has not complied with this Board's Order dated October 19, 2005, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify "No Fine," including administrative costs. Ms. Carroll seconded the motion that passed 7-0. Case #05-2181 Idovia Alexis Be. Nicholas Octave 2657 N.E. 4th Street Motion Based on the testimony and evidence presented in Case #05-2181, Ms. Simshauser moved that this Board find that the Respondents have not complied with this Board's Order dated October 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 21,2005 19, 2005, and having considered the gravity of the violations and the actions taken by the Respondents, that this Board impose and certify "No Fine," including administrative costs. Ms. Carroll seconded the motion that passed 7-0. Sr. Code Officer Melillo stated the City recommended tabling the following cases until January 1~ 2006: Case #05-1700, Case #05-526, Case #05-1674, and Case #05-2057. Case #05-1700 Bible Church of God, Inc. 1390 N. Seacrest Blvd. Motion Ms. Carroll moved to table Case #05-1700 until January 18, 2006. Ms. Simshauser seconded the motion that passed 7-0. Case #05-526 G. & Emily H. Caliendo 916 S.E. 1st Street Motion Ms. Carroll moved to table Case #05-526 until January 18, 2006. Ms. Simshauser seconded the motion that passed 7-0. Case #05-1674 Hammer Properties LLC 1900 N. Federal Highway Motion Ms. Carroll moved to table Case #05-1674 until January 18, 2006. Ms. Simshauser seconded the motion that passed 7-0. Case #05-2057 Guy Estella 1515 N. Seacrest Blvd. Motion Ms. Carroll moved to table Case #05-2057 until January 18, 2006. Ms. Simshauser seconded the motion that passed 7-0. Sr. Code Officer Melillo indicated the City recommended tabling Case #05-1145 until February 15, 2006. Case #05-1145 BG Meadows Square LLC 4707 N. Congress Avenue Motion Mr. Foot moved to table Case #05-1145 until February 15, 2006. Ms. Simshauser seconded the motion that passed 7-0. Sr. Code Officer Melillo indicated the City recommended tabling Case #04-731 until April 19, 2006. Motion Mr. Foot moved to table Case #04-731 until April 19, 2006. Vice Chair Cook seconded the motion that passed 7-0. 28 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 21,2005 VII. Adjournment Since there was no further business before the Board, the meeting was duly adjourned at 9:30 p.m. Respectfully submitted, ~a'Pt~iJ- Susan Collins Recording Secretary (12/22/05) 29