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Minutes 01-18-06 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, JANUARY 18, 2006 Present: Michele Costantino, Chairperson Kathy Cook, Vice Chair Kathleen Carroll Chris DeLiso Robert Foot Lisa Simshauser Richard Yerzy David Tolces, Assistant City Attorney Scott Blasie, Code Administrator Code Officers: Courtney Cain Luney Guillaume 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 Chair Costantino noted corrections to the December 21, 2005 meeting minutes were included in the Board's packets. These corrections were: On page 9, last paragraph pertaining to the vote on Case #05-2537 is changed to read, "At the request of Chair Costantino, the Recording Secretary polled the vote. The motion to table failed 2-5, Mr. DeLiso, Chair Costantino, Vice Chair Cook, Mr. Yerzy, and Ms. Simshauser dissenting."; and on Page 11 - Case #05-2070 is changed to read "This case was tabled to January 16, 2008" Mr. Foot clarified the Recording Secretary was using one of two alternatives he found in the dictionary which may be appropriate for the use of judicial bodies regarding the use of the word dissent. He saw it for the noun, and not the participle but minimized discussion by deferring his question about the clarity. Motion A motion was made by Mr. Foot to approve the minutes of December 21, 2006. Ms. Simshauser seconded the motion that passed 7-0. Chair Costantino introduced the Recording Secretary and requested the Board Members identify themselves and give the motion number when making motions. Attorney Jamila Alexander, who will be filling in for Attorney Tolces next month was also recognized. Meeting Minutes Code Compliance Board Boynton Beach, Florida January 18, 2006 III. Approval of Agenda Code Officer Lewis was present and stated he had the following additions and deletions to the agenda: Page 1, Case 03-2123 tabled to 2/15/06. Motion Mr. Foot moved to table Case #03-2123 to February 15, 2006. Ms. Carroll seconded the motion that passed 7-0. Page 2, Case #05-503 has complied. Page 3, Case #05-1675 tabled to February 15, 2006. Motion Ms. Carroll moved to table Case #05-1675 to February 15, 2006. Ms. Simshauser seconded the motion that passed 7-0. Code Officer Lewis further noted the following: Page 22, Case #05-2773 has been removed. Page 25, Case #05-2452 has been removed. Page 27, Case #05-2625 has complied. Page 28, Case #05-2633 has been removed. Page 31, Case #05-2687 has been removed. Page 33, Case #05-2713 has complied. Page 34, Case #05-2724 has complied. Motion Ms. Cook moved to approve the agenda as amended. Mr. Foot seconded the motion that passed 7-0. IV. Swearing in of Witnesses and Introductions Attorney Tolces explained the procedures, and administered the oath to all persons that would be testifying. He reminded all parties to sign in on the sheet provided at the chamber entrance. 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 18, 2006 Code Officer Lewis determined who would be testifying. There was brief discussion on why Home Depot USA and Jancaro Property were not called. Code Officer Lewis responded it was a late addition after he read Jancaro Properties LLC Page 7, Case #05-2672 had complied. Home Depot had not complied. Chair Costantino requested the Board hear the Baptiste case on page 10 first. She explained they have a small child and out of consideration for the child she requested the Board hear that case first. She asked if the Board had objections to the request. There were no objections. Motion Mr. Foot moved to amend the agenda to remove the Jancaro Properties LLC item. Ms. Simshauser seconded the motion that passed 7-0. V. New Business B. Cases to be Heard (New) Case #05-2535 Property Address: Violation(s) Baptiste, Edouard & Hill 2214 NE 4th Ct. CH15-ART.lX-15-120(D)1INC Remove inoperable vehicle, bed, trash and debris from property. Mow and De-weed overgrown yard areas. Code Officer Lewis reported this was a routine inspection with the initial inspection date on November 02,2005. Code Officer Lewis cited the violation as above. Peterson Baptiste, 2214 NE 4th Ct. Boynton Beach, pled guilty. Chair Costantino asked the Respondent how much time would be needed to correct the violation. Mr. Baptiste responded it was already corrected. Code Officer Lewis responded a re- inspection on Tuesday showed the property still needed to be mowed and there was still overgrowth and debris. Mr. Baptiste indicated the car had been removed a few weeks ago. He explained the car was his father's who had passed away and elaborated he was not living at the address at the time. He added he took care of the car, and indicated he started working on the weeding little by little a few days ago. Code Officer Lewis reported the property was not in compliance as of Tuesday. He offered to re-inspect the property but could not close the case. Code Officer Lewis presented photographs of the property to the Board for review. Mr. Foot suggested giving 15 days to bring the property into compliance. 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 18, 2006 Motion Based on the testimony and evidence presented in Case #05-2535, Mr. Foot moved that this Board find that Edouard and Hill Baptiste, are in violation of City of Boynton Beach Code Section as cited, and move to order that the Respondents correct the violation on or before February 2, 2006. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violation by the Respondent, 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 violation continues past February 2, 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 re-inspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that passed 7-0. Case #05-2001 Property Address: Violation(s) Cook, Victor L 654 W Ocean Ave. BBA FBC '01 ED 104.1.6 Permit #03-2492 - Permit application has expired due to time limits. Code Officer Cain explained the matter was a routine inspection with an initial inspection conducted on 8/22/05. The permit application had expired due to time limitations. The original notice was a written notice which was posted on the property. Ten days were given to comply. The Board inquired what the permit related to. Code Officer Cain could not answer the question. The permit dated back to 2003. Victor L. Cook, 654 W Ocean Avenue, Boynton Beach, pled guilty. Mr. Cook explained the permit was for a second floor addition on his home, which he started working on some time ago. He indicated that due to circumstances beyond his control, he had been forced to live out of state for a while to take care of his family and had put their interests ahead of his own. He had only recently been able to return to town to finish the project. Mr. Cook added he now has additional damage to deal with from three different hurricanes. He indicated he had windows out, a hole in his roof and mildew in two rooms which required him to start over with new plans. Mr. Cook returned four days ago and added the property was completed as far as the final electrical inspection. The Board asked Mr. Cook if he had any plans to apply for a permit extension or a new permit. Mr. Cook responded that he had been in the Building Department, but there was nobody to speak to. He added he was told to return to the Building Department the next morning and speak with Mr. Johnson. There was Board discussion whether to give a 60 or 90-day extension. Ms. Cook asked if there were any issues with the property being hazardous. Mr. Cook replied not to his knowledge. 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 18, 2006 Motion Based on the Testimony and evidence presented in Case #05-2001, Ms. Carroll moved that this Board find that Mr. Victor L. Cook, is in violation of City of Boynton Beach Code Section as cited, and move to order that the Respondent correct the violation on or before April 18, 2006. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violation by 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 April 18, 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. Mr. Yerzy seconded the motion that passed 7-0. Case #05-2639 Property Address: Violation(s) Sean M. Sternbach 1011 SW 25th Ave. FBC '01 ED BBA 104.1.1 A permit is required for a shed or room in the rear yard. Code Officer Cain presented the violation and indicated this matter was a result of a citizen complaint. He reviewed the initial inspection was on November 28, 2005 and cited the violation as noted above. A written notice was given with 10 days to correct the violation. Notice was posted on the property on December 29, 2005. Officer Cain indicated this could be a potential hazard. Andrea Davis, residing at 1011 SW 25th Avenue, Boynton Beach was present and indicated she was not present to file a plea for the homeowner, but rather advised the Board the Respondent was her fiance who is incarcerated until April 18, 2006. She indicated when he is released, he can deal with pulling the permit. Chair Costantino asked Ms. Davis if the Respondent was aware that she was attending the hearing and whether she had permission to speak on his behalf. Ms. Davis replied the Respondent, Mr. Sternbach was aware she would attend the hearing and gave her permission to speak on his behalf. Code Officer Cain presented photographs to Ms. Davis and she acknowledged the shed in question. She explained the shed was ordered in October and was installed after the hurricane, but was unsure of the exact date. Ms. Davis elaborated Mr. Stern back was taken in on November 24, 2005, but would address the matter upon his release. The Board discussed its responsibilities when the homeowner is not available. Attorney Tolces advised the Board they have a general duty to weigh the evidence and, based 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 18, 2006 on the evidence presented, decide whether or not to issue an Order. He elaborated there are practical situations associated with this case, which may not make it possible for compliance to take place within a certain period of time. Mr. Tolces counseled the members that the circumstances are the property owner's concern. Mr. Foot suggested the Respondent has the ability to issue power of attorney for someone to act in his place to proceed with the permit process and recommended May 15th, 2006 at the latest for compliance. Code Officer Cain pointed out this violation was a result of a neighbor's complaint. Mr. DeLiso indicated the shed is not an eyesore. Ms. Davis responded she has several neighbors who would testify they do not mind the shed. Motion Based on the Testimony and evidence presented in Case #05-2639, Mr. Yerzy moved that this Board find that Sean M. Sternback is in violation of City of Boynton Beach Code Section as cited, and move to order that the Respondent correct the violation on or before May 18, 2006. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violation by 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 May 18, 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. Ms. Cook seconded the motion hat passed 7-0. Steven Plamann & Stephn W. Coz 204 SE 2nd Avenue FBC '01 ED BBA 104.1.1 BBA FBC '01104.7.5 Please secure permits & Inspections for all remodel work being done on the interior and exterior of the building. Stop work until permits are received. Building, Mechanical and Electrical Permits apply. Code Officer Lewis presented Case #05-2754 and indicated Messrs. Plamann and Coz were present. Case #05-2754 Property Address: Violation(s) Mr. Steve Coz was present and pled no contest. Mr. Steve Plamann, 840 NE 1 st Court, Delray Beach also presented himself to the Board. Mr. Coz explained they bought the property that was an eyesore and intended to rehab the home and turn it into an asset in the downtown Boynton area. The hurricane caused damage to the back of the house. They went to fix the back of the house and got a bit carried away and carried the improvements into the interior of the home. They had drawings from an architect and were under the impression they could get an extension. They are getting ready to pull the permits and hope to receive 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 18, 2006 the drawings by the end of the week, if not the next week. He added he can then take them and apply for the permits. Code Officer Lewis reported the home is not occupied but work should not proceed before permits are obtained and commented it will take some time to receive the permits. Motion Based on the Testimony and evidence presented in Case #05-2754, Mr. Foot moved that this Board find that Steven Plamann and Stephn Coz, are in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondents correct the violations on or before April 18, 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 April 18, 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 re-inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that passed 7-0. Case #05-2753 Property Address: Violation(s) James R. Peters 139 SE 28th Ave. CH 15-ART.lX-15-120(D). INC 20-6. B.B.C. OF ORD Remove all aluminum and other debris off property, sod bare spots in the yard, remove unregistered, inoperable vehicle, boat must be parked on hard surface. Code Officer Vestiguerne Pierre presented the case as noted above. Mr. James Peters, was present and pled guilty. Mr. Peters explained he is 90% done with the work and needed approximately 30 days additional to finish. Code Officer Pierre distributed photographs for the Board's review and reported the Respondent still needs to sod and pick up trash. He clarified the boat has been cut up and piled outside which may require a special trash pick-up. He reported the property still needs to be de-weeded. Mr. Peters clarified the area to be sodded is underneath the debris. Chair Costantino asked the size of the boat. Mr. Peters responded the boat was 23 feet and the trailer was no usable. Since he could not haul it, he cut it up. Chair Costantino recommended arranging for a special pick-up with the Sanitation Department. 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 18, 2006 The Board discussed whether to give 30 or 60 days to correct the violation. Motion Based on the Testimony and evidence presented in Case #05-2753, Mr. Yerzy moved that this Board find that James R. Peters, Jr., is in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violations on or before February 17, 2006. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violation by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day for each day the violations continue past February 17, 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. Ms. Simshauser seconded the motion that passed 7-0. Case #05-2725 Property Address: Violation(s) Anica & Jasper Harrison 3155 Orange Street CH15-ART.lX-15-120(D)1 INC Chapter 20 SEC. 8 E-15 Please remove all outside storage of lawn mowers from public view. Remove unlicensed & inoperable vehicle and place four-inch house numbers of building visible from city right-of-way. Sod all bare areas in yard and swale. Repeat violations carry a $250.00 a day fine. Code Officer Webb presented Case #05-2725 and reported the owner of record is Anica Harrison. This was a routine neighborhood inspection with an initial inspection date of December 9, 2005. Code Officer Webb cited the above and gave the property owner 20 days to comply. Certified mail went out on December 29, 2005 and came back signed December 31, 2005. Regular mail was also sent December 9, 2005. Code Officer Webb informed the Board, Ms. Harrison was here and is sick. He relayed she is asking for 90 days and he had no objections to the request. The new compliance date would be April 18, 2006. Motion Based on the Testimony and evidence presented in Case #05-2725, Ms. Carroll moved that this Board find that Anica and Jasper Harrison, are in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondents correct the violations on or before April 18, 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 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 18, 2006 April 18, 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 re-inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion. Mr. Foot called for discussion and asked if there was a suggestion, with the reference to lawn mowers plural, if this was a business. Code Officer Webb responded this was a single family home and thought the Respondent was storing the lawnmowers there. He elaborated Ms. Harrison was sick at one time and thought the children probably took advantage of the fact she was sick, bringing the mowers and vehicles there. Ms. Cook asked if this was a repeat violation. Code Officer Webb answered at one time. He elaborated she is elderly and was here earlier but got sick. Ms. Cook concurred with Code Officer Webb there were extenuating circumstances and agreed with the fine. Vote A vote was taken and the motion passed 7-0 VI. OLD BUSINESS B. LIEN PENALTY CERTIFICATIONS (TABLED) Case #05-2057 Guy Estella 1515 N. Seacrest Code Officer Lewis reviewed Case #05-2057 and indicated the notice of violation date was 8/30/05 for an Occupational License and to mow and trim overgrown yard area, remove trash, debris and inoperable vehicles. The hearing date was 10/19/05 with no one appearing. The compliance date and proposed fine set by the Board was 11/18/05 or $250 per day. The violation still exists. Guy Estella, was present and reviewed he bought the property from Atlanta and the property was foreclosed. He sold the property and then in June, he bought it back. The property was originally built as a three bedroom, one bath and they put a 1200 square foot addition on the property. The property should be a five bedroom property instead of a three bedroom. They cannot find a permit for the transfer of three bedroom to five- bedroom. Mr. Estella indicated the City shows five bedroom. He was going to demolish the addition. He indicated he spoke with Jesse who indicated he thought the City had a permit for it transferring it to five bedroom, three bath. Mr. Estella was to contact an engineer who could testify whether the addition was built to code, but the engineer has not had the time to check the property. Mr. Estella asked the Board for some time to complete the progress. Code Officer Lewis explained the Respondent has complied with the grass and vehicles, but the part he cannot pass is the occupational/rental license. He elaborated there are a lot of people living there although he was not exactly sure how many. He also added Mr. Estella still has not met the requirements for a rental license. Code 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 18, 2006 Officer Lewis indicated he has pointed out issues to Mr. Estella that have not been corrected and all the permits have to be brought up to Code. He clarified Mr. Estella does not have permits for the window of record, the carport of record, and there is evidence the electrical is not up to Code. Code Officer Lewis explained there are three bathrooms and five bedrooms in the dwelling and there is a bathroom with a light fixture right inside the shower with a bulb missing. He explained he could not pass it, and advised the Respondent the matter was coming to the Board. The Respondent indicated he was going to appear to ask for time. Code Officer Lewis indicated there were still individuals living at the home at the time of the last inspection which took place with Code Administrator, Scott Blasie. Mr. Foot requested verification of ownership. Code Officer Lewis responded the last permits pulled were by a previous owner in 1988. There were permits in 1993 when Mr. Estella owned the property. Mr. Estella sold the property to individuals who were the same individuals he bought the property back from. Mr. Estella is the current owner. Mr. Estella explained he bought the property back in June, 2005. The property was cited August, 2005 and it is now January 2006. Ms. Cook asked the Respondent what he has done to the property in the six months after he was cited to obtain the license. Mr. Estella responded he needed a current permit for the carport enclosure. He added he can not apply for the permit because he was told he needs an engineer to send a letter verifying whether or not the additions were constructed properly. The engineer has been unable to come to the property, and next week is the first week he will be available to come out to conduct an inspection. Mr. Estella advised the members he would need a general contractor to pull the permit for the carport enclosure. When Mr. Estella was going to demolish the addition he spoke with a general contractor who told him there should be a permit pulled from the City and the best thing to do is contact an engineer. Several members of the Board expressed concern for the individuals living in the dwelling. Mr. Estella discussed the light in the bathroom inside the shower. He explained the tenants have been given 30 days to vacate. Mr. Estella indicated he applied for an occupational license but has not received one. Mr. Foot recommended going forward and certifying the lien. Motion Based on the testimony and evidence presented in Case #05-2057, Mr. Foot moved that this Board find that Guy Estella 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 a fine in the amount of $250 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. Cook seconded the motion that passed 7-0. 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 18, 2006 Case #04-1446 Michael Rogers 111 NE 3rd Avenue Code Officer Roy reviewed the case and indicated the Notice of Violation was 6/26/04 for permits and inspections required for repair from fire damage. The Code Compliance Board hearing date was April 20, 2005 with Mr. Rogers appearing. The compliance date and proposed fine set by the Board were June 19, 2005 or $75 per day. The violation still exists. Code Officer Roy indicated there are some circumstances he would like to discuss and he presented the status as Mr. Rogers being in possession of a building permit to repair the wood only portion of the violation. He announced the Respondent had an electrical and dry wall permit in plans review that had comments on it, that were returned and rejected on January 5, 2006. The issue is he must have the permits in hand and get inspections. Michael Rogers was present. He indicated he had submitted the applications for the permits and had a letter from Riza Altan, Engineer, directing any inquiries about the work to him. Mr. Rogers explained the paperwork has been picked up and given to Mr. Altan through his associate, Douglas Browning. Mr. Altan is working on the matter this weekend and his insurance company is sending a letter that the check is in the mail. He indicated the work will be completed within 30 days. He elaborated, the earliest the work will start as it pertained to the plasterer, would be February 1, 2006. He assured the Board he will make every attempt to make it a nice home. Mr. Rogers distributed pictures for the Board to review and added he retained a licensed electrical contractor to do all the electrical work. Motion Mr. Foot moved that Case #04-1446 be tabled until the Code Compliance Board Meeting to be held on March 15, 2006. Ms. Carroll seconded the motion that passed 7-0. Case #05-910 William and Juanita Boatley 1591 NW 3rd St. Code Officer Lewis reviewed Case #05-910 to remove inoperable boat from the City right of way and property, remove junk, debris and inoperable vehicles, and mow and de-weed swale area. The hearing date was August 17,2005 and the Respondent did not appear. The compliance date and proposed fine set by Board was cease and desist by August 18, 2005 or $200 per violation. The violations still exist. Code Officer Lewis listed the date of the occurrences as December 14, 2005, December 15, 2005, December 20,2005, December 2,2005 and December 27,2005. He indicated he had photographs for the Board's review and the Respondent, Mrs. Boatley was present. Mrs. Boatley was put under oath by Attorney Tolces, and gave her name and address for the record as follows: 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 18, 2006 Juanita Boatley, 1591 NW 3rd St., Boynton Beach, Florida. Code Officer Lewis noted a correction for the record as the information indicates no one appeared at the Code Compliance Board hearing on August 17, 2005. He noted Mrs. Boatleyappeared. Mrs. Boatley indicated her husband was incarcerated. She explained she was not familiar with the violation. Chair Costantino advised Mrs. Boatley that her name was on the property and she is responsible for the violation. She explained Mr. Boatley was not working and was gathering aluminum for income. She is not working because of the hurricane. Code Officer Lewis explained they collected things for resale, stockpiled the items, stripped them down and then piled the remainder up front for sanitation pick up. He explained there probably were more violations, and had pictures of the property for the Boards review. Code Officer Lewis noted today there were windows there. Ms. Boatley informed the Board she was not home and another party must have put them there. Code Officer Lewis advised the Board the Respondents think it's all right to conduct a business there. Chair Costantino explained to Mrs. Boatley each time the Code Officer sees the accumulation of junk and trash it is a $200 fine. Mrs. Boatley replied she not aware of that fact. She added she had someone help her with the gate Code Officer Lewis pointed out to her, but she did not know what else she needed to do. Mr. Boatley's sister, Ruth Mae Boatley who resides in Lake Worth, Florida was present and indicated she will come by tomorrow to take care of what ever is put there. Code Officer Lewis explained he spoke with Mrs. Boatley and as long as the situation doesn't continue or come back, they would not be cited. He advised the Board there are no other liens on the property. Motion Mr. DeLiso moved that this Board certify a fine in the amount of $200 per occurrence, December 14, 2005, December 15, 2005, December 20, 2005, December 21, 2005 and December 27,2005. Code Officer Lewis noted the date should be December 29,2005. Mr. DeLiso corrected his motion to reflect that date. Ms. Carroll seconded the motion that passed 7-0. Attorney Tolces asked if the motion makers wanted to include administrative costs in the motion. Mr. DeLiso amended his motion to include the administrative costs. Ms. Carroll agreed to amend her second and the motion passed 7-0. Attorney Tolces explained to the Respondent the Boards action is going to result with a lien on the property, and that matter will have to be addressed at some time. He clarified the lien will be for the total amount of the violations for each occurrence plus costs. If another violation is found, they will have to come back before the Board. There will be potential for additional liens being place on the property as well. 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 18, 2006 Mr. Foot asked what the costs for cease and desist Orders were. Code Officer Lewis responded her Administrative Costs were $826.18. Attorney Tolces explained the costs would go to the initial inspection and subsequent inspections that include the findings of violations that were just testified to. Mr. Foot advised the Respondent the fine is about $1,800. Case #05-2020 Mark H. Schiff 805 S. Lake Dr. Code Officer Lewis reviewed the case and violation to secure required permits for porch enclosure, interior remodeling and window change outs. The work was conducted prior to permits being issued. The hearing date was September 21, 2005 with no appearance by the Respondent. The compliance date and proposed fine set by the Board was December 21, 2005 or $25 per day. The violation still exists. Code Officer Lewis reported the Respondents have plans which have been in plans review recently. Mark Schiff was present and introduced his brother who was working with the contractor. Mr. Schiff indicated he resided at 2000 NW 105th Terrace, Pembroke Pines and that he spoke with Don Johnson, Building Inspector. Mr. Johnson advised him that Engineer's and the new Florida Building Code required he obtain new drawings sealed with the wind calculations and an actual layout of the house since the City does not have a floor plan of the dwelling. The City requested he obtain the services of an electrical contractor. Mr. Schiff reported they are in the process of obtaining the electrical and engineer services together. They incurred roof and other damage after the hurricane and are currently in the process of repairing that. All the work that was completed, was destroyed by the hurricane so they are starting from scratch. He explained the City has all new Florida Building Codes and they are getting the contractors on board. Once they get the permits, construction will start immediately. The Board discussed tabling the matter would result in more time for the Respondent to come into compliance, but the fines will still run. Mr. Schiff expressed his concern due to the possibility it could take the City three weeks for the permits to be issued. Mr. Schiff also announced he was at the September 21, 2005 Code Enforcement hearing and had spoken with Code Officer Lewis who indicated it was not necessary for them to appear. Code Officer Lewis clarified the Respondents were outside, and they asked for the time they would get to correct the violation and left. Mr. Schiff indicated to Code Officer Lewis at that time, 90 days would be plenty of time to correct the matter. Mr. Schiff contended due to Hurricane Wilma damage, the state was turned upside down. He explained Don Johnson advised him to get him the information and he would try to get everything to him as soon as possible. He was then told not to do anything. He updated the Board they are waiting on the permits, and are working with engineers and electrical contractors who will acquire the permits. Attorney Tolces reminded the Board at this time there is a fine running which began on December 21,2005. The Board has the option to table the case, however, the fine 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 18, 2006 would continue to run unless, as part of the motion, the Board decided due to circumstances, to potentially freeze the fine as of today or any other day. The Respondent requested the Board consider the option Attorney Tolces outlined. Mr. Foot recommended tabling the case for 90 days. Mr. DeLiso agreed. There was agreement the fines would run and not be frozen. Motion Mr. Foot moved that Case #05-2020 be tabled until the Code Compliance Board Meeting to be held on April 19, 2006. Mr. DeLiso seconded the motion that passed 7-0. Attorney Tolces explained to the Respondents the fines continue to run, but there will not be a lien placed on the property. The earliest the Board will reconsider the matter will be April 19, 2006. The fines started accruing December 21, 2005. It was also explained the entire matter will be taken into consideration at that time. The Board recessed at 8:17 p.m. The Board reconvened at 8:25 p.m. It was noted Mr. DeLiso had to leave the meeting at 8:17 p.m. Case #05 - 2653 Property Address: Violation(s) Pita General Corporation 3005 S. Congress Avenue CH15-ART -15-120 (D)1 INC Mow grass and pick up all trash and debris. Code Officer Laverdure reviewed the case as above and indicated staff is recommending 10 days to comply, (1/28/06). He explained this is a commercial building on Congress Avenue by Manor Care. Motion Based on the Testimony and evidence presented in Case #05-2653, Ms. Simshauser moved that this Board find that Pita General Corporation, is in violation of City of Boynton Beach Code Section as cited, and move to order that the Respondent correct the violation on or before January 28, 2006. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violation by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $200 per day for each day the violation continues past January 28, 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. Ms. Cook seconded the motion that passed 6-0. 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 18, 2006 Case #05 - 2728 Property Address: Violation(s) Home Depot 1500 SW 8th Street FBC '01 ED BBA 104.1.1. A permit is required for Re-Roof, Lath, Sheathing and Stucco Work that is being done. Four times Fee will apply. Code Officer Cain presented Case #05-2728 as above and recommended 10 days to bring the property into compliance. Motion Based on the Testimony and evidence presented in Case #05-2728, Ms. Carroll moved that this Board find that Home Depo is in violation of City of Boynton Beach Code Section as cited, and move to order that the Respondent correct the violation on or before January 2f!9, 2006. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violation by Respondent, and hereby orders that if the Respondent does comply with this Order, a fine in the amount of $50 per day for each day the violation continues past January 28, 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. Ms. Simshauser seconded the motion that passed 6-0. Case #05 - 1580 Ceasar N. Allen, Jr. and Debra D Allen 11 NE 17th Avenue CH15-ART.lXC-15-120 (D). INC Mow and de-weed overgrown yard areas. Please plant sod to establish a green lawn. Property Address: Violation(s) Code Officer Lewis presented Case #05-1580 as cited above and recommended 60 days to bring the property into compliance. Motion Based on the Testimony and evidence presented in Case #05-1580, Ms. Carroll moved that this Board find that Ceasar and Debra Allen are in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondents correct the violation on or before March 19, 2006. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violation by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past March 19, 2006 plus Administrative Costs shall be imposed. The Respondents are further ordered 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 18, 2006 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. Chair Costantino asked for the rationale behind the 60 days for compliance. Code Officer Lewis explained he spoke to the Respondent today who indicated the Respondents have divorced and Mrs. Allen was Baker Acted. Ms. Simshauser seconded the motion that passed 6-0. Case #05-2776 Property Address: Violation(s) Toni D. Andrews 1881 NE 2nd Lane 13-16 B.B.C of ORD CH15-ART.lX-15-120 (D). INC CH15-ART.lX-15-120 (E). INC Please remove all inoperable vehicles including the motor home. Fence needs to be repaired. Remove all trash and debris. Rental license is required with new updated inspection needed. Code Officer Lewis presented Case #05-2776 as cited above and recommended a compliance date of March Ai*>> 016, 2005. Motion Based on the Testimony and evidence presented in Case #05-2776, Ms. Carroll moved that this Board find that Toni D. Andrews, is in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violations on or before April 6,2006. 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 for each day the violations continue past April 6, 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. Ms. Cook seconded the motion that passed 6-0. Case #05-2615 South Florida Clothing Exchange, Inc. NE 11th Avenue 10-2 B.B.C. of ORD Mow grass, weeds and trim lot. Remove all trash and debris. Property Address: Violation(s) 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 18, 2006 Senior Code Compliance Officer Melillo presented the case as above and noted the property is a vacant lot east of 306 NE 11th Avenue. Code Officer Melillo recommended 10 days for compliance, January 28, 2006. Motion Based on the Testimony and evidence presented in Case #05-2615, Ms. Carroll moved that this Board find that South Florida Clothing Exchange is in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violation on or before January 28, 2006. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violation by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $75 per day for each day the violation continues past January 28, 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. Ms. Cook seconded the motion that passed 6-0 Case #05-2637 Property Address: Violation(s) Thomas & Yzala Guerrier 801-803 NE 3rd Street FBC '01 ED 3401.6 PT3-LDR.CH20-VIII.SEC2.A Repair broken outside lights and repair leaking kitchen sink. Repair or replace refrigerator, repair roof and rotten fascia. A licensed contractor is needed to pull permit and do the roof repairs. Senior Code Officer Melillo presented Case #05-2637 as above and recommended 10 days for the property to be brought into compliance, January 28, 2006. He announced there are tenants living at the property and the owners are not responding to anything. The owner's address is listed as the property in violation, but the owners do not live there. The property owners have an occupational license. Motion Based on the Testimony and evidence presented in Case #05-2637, Mr. Foot moved that this Board find that Thomas and Yzala Guerrier are in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondents correct the violations on or before January 28, 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 $250 per day for each day the violations continue past January 28, 2006, plus Administrative Costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 18, 2006 to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that passed 6-0. Case #05-2661 Property Address: Violation(s) Daniel D. Dodge 659 Manor Drive CH15.-ART/IX-15-120 (D).INC. Remove or register all vehicles and trailers. Trim grass and bushes and remove all trash and outside storage. Code Officer Melillo presented Case #05-2661 and reviewed the violations as cited above. He recommended 10 days for compliance, January 28, 2006. Motion Based on the Testimony and evidence presented in Case #05-2661, Ms. Carroll moved that this Board find that Daniel D. Dodge is in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violation on or before January 28, 2006. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violation by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $~40 per day for each day the violation continues past January 28, 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. Ms. Cook seconded the motion that passed 6-0. Case #05-2722 Property Address: Violation(s) Ezekiel & Helen Harrington 118 NE 6th Avenue CH15-ART .IX-15-120 (D).INC Remove all unregistered/inoperable motor vehicles including the trailer. Senior Code Officer Mike Melillo presented Case #05-2722 and reported the Respondents had previously had matters before the Board for this location, but have come into compliance. Motion Based on the Testimony and evidence presented in Case #05-2722, Mr. Foot move that this Board find that Ezekiel and Helen Harrington are in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondents correct the violation on or before January 28, 2006. The Board has considered the gravity of the violation, 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 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 18, 2006 amount of $50 per day for each day the violations continues past January 28, 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 re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed 6-0. Case #05-2543 Property Address: Violation(s) David & Donna Buencamino 2843 SW 5th Street CH15-ART .IX-15-120 (D).INC. De-weed yard and mow. Also, remove unregistered/inoperable vehicle. Code Officer Vestiguerne presented Case #05-2543 and recommended 60 days. He explained the Respondents are working with a lawn professional on the sprinkler system and the vehicles have been removed. Based on the Testimony and evidence presented in Case #05-2543, Ms. Carroll moved that this Board find that David and Donna Buencamino are in violation of City of Boynton Beach Code Section as cited, and move to order that the Respondents correct the violation on or before March 19, 2006. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violation 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 violation continues past March 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 re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the Motion that passed 6-0. Case #05-2647 Property Address: Violation(s) Henry and Anne Marcelus 171 SE 30th Avenue CH15-ART .IX-15-120 (D).INC Remove all unregistered and inoperable vehicles off the property Code Officer Pierre presented Case #05-1647 and recommended 10 days for compliance January 28, 2006. Mr. Foot asked if the Respondents had previous violations. Code Officer Pierre answered they had not. Motion Based on the Testimony and evidence presented in Case #05-2647, Mr. Foot moved that this Board find that Henry and Anne Marcelus are in violation of City of Boynton Beach Code Section as cited, and move to order that the Respondents correct the violation on or before January 28,2006. The Board has considered the gravity of the 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 18, 2006 violation, the actions taken by the Respondents, and any previous violation 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 violation continues past January 28, 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 re-inspection of the property to verify compliance with this Order. Ms. Cook asked Mr. Foot if he would consider $200 per day. It appeared there were other issues. After further discussion, Mr. Foot explained he was not favoring a heavy fine because tenants were complaining. Mr. Foot agreed to amend his motion for the fine amount to be changed to $100 per day. Vote Mr. Foot amended his motion changing the fine amount to $100 per day effective January 2~9, 2006. Ms. Cook seconded the motion that passed 5-1 with Ms. Simshauser dissenting. Case #05-2655 Property Address: Violation(s) Darline Demosthenes 137 SE 27th Way 13-16 B.B.C of ORD An occupational license is required for rental property. Please obtain your occupational license from the Occupational License Department Code Officer Pierre presented Case #05-2655 and recommended 30 days for compliance. Motion Based on the Testimony and evidence presented in Case #05-2655 , Ms. Cook moved that this Board find that Darlene Demosthene is in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violation on or before February 17, 2006. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violation by 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 February 17, 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. Ms. Carroll seconded the motion that passed 6-0. Case #05-2771 Property Address: Violation(s) Sunshine Square CRP LLC 538 E. Woolbright Rd. FBC '01 ED BBA 104.1.1. BBA FBC '01104.7.5. 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 18, 2006 A permit is required for aRe-Roof. Please secure permit and call the building department for inspections. Four times fee will apply for work done before permit issued, Work before permit issued Code Officer Pierre presented Case #05-2771 and recommended 30 days, February 17,2006 for compliance. It was noted this matter was a Red Tag. Motion Based on the Testimony and evidence presented in Case #05-2771, Ms. Cook moved that this Board find that Sunshine Square CRP LLC is in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondents correct the violations on or before February 17, 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 for each day the violations continue past February 17, 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. Ms. Carroll seconded the motion that passed 6-0. Case #05-2803 Property Address: Violation(s) Marc and Ritha Fervil 128 SE 27th Place CH15-ART.lX-15-120 (D).INC Remove all unregistered and inoperable vehicle off the property Code Officer Pierre presented Case #05-2803 and recommended 10 days for the property to be brought into compliance. Motion Based on the Testimony and evidence presented in Case #05-2803, Ms. Simshauser moved that this Board find that Marc and Ritha Fervil, are in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondents correct the violations on or before January 28, 2006. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violation 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 violation continues past January 28, 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 re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed 6-0. 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 18, 2006 Case #05-2316 Property Address: Violation(s) Thelmar & Jessie Patterson 536 NW 11th Ave. CH15-ART.lX-15-120 (D).INC 10-52 B.B.C. OF ORD Appearance Maint. Private Property Register or remove inoperable vehicles from property. Code Officer Roy presented Case #05-2316 and recommended 30 days for the property to be brought into compliance. Code Officer Roy indicated there have been previous violations brought before the Board. He explained the woman was elderly and there were circumstances when she was not responsible for issues with the property due to her sons. Motion Based on the Testimony and evidence presented in Case #05-2316, Mr. Foot moved that this Board find that Thelmar and Jessie Patterson, are in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondents correct the violation on or before February 17, 2006 ,2006. The Board has considered the gravity of the violation, 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 for each day the violation continues past February 17, 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 re-inspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that passed 6-0. Case #05-2538 Property Address: Violation(s) RG Jr. and Gayle Steventon 3310 E. Atlantic Drive CH15-ART.lX-15-120(D) 1 INC CH15-ART.lX-15-120(D) 1 INC 15-18. B.B.C. OF ORD. Property must be kept mowed and free of all trash and debris, including inoperable and unlicensed vehicles. also remove graffiti from public view. Code Officer Webb presented Case #05-2538 and recommended 10 days for the property to be brought into compliance. Motion Based on the Testimony and evidence presented in Case #05-2538, Ms. Carroll moved that this Board find that RG and Gayle Steventon are in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondents correct the violations on or before January 28, 2006. The Board has considered the gravity of the 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 18, 2006 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 for each day the violations continue past January 28, 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 re-inspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that passed 6-0. Case #05-2644 Property Address: Violation(s) Frank Nigro 2430 NW Second St. 13-16 B.B.C of ORD CH15-ART.lX-15-120 (D) 11NC PT3-LDR.CH2.SEC.4.J-23 Code Officer Webb presented Case #05-2664 and recommended 10 days to bring the property into compliance. Motion Based on the Testimony and evidence presented in Case #05-2644, Ms. Carroll moved that this Board find that Frank Nigro , is in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violation on or before January 28, 2006. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violation by Respondent, and hereby orders that if the Respondent does/do not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past January 28, 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. Ms. Simshauser seconded the motion that passed 6-0. Case #05-2660 Property Address: Violation(s) Estep Johannah 240 N. Palm Dr. 13-16 B.B.C. of ORD An occupational license is required for a rental property Code Officer Webb presented Case #05-2660 and recommended 10 days to bring the property into compliance. Motion Based on the Testimony and evidence presented in Case #05-2660, Ms. Simshauser moved that this Board find that Estep Johannah is in violation of City of Boynton Beach Code Section as cited, and move to order that the Respondent correct the violation on or before January 28, 2006. The Board has considered the gravity of the 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 18, 2006 violations, the actions taken by the Respondent, and any previous violation by Respondent, and hereby orders that if the Respondent does/do not comply with this Order, a fine in the amount of $25 per day for each day the violations continue past January 28, 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. Mr. Foot seconded the motion that passed 6-0. Case #05-2711 Property Address: Violation(s) Joseph Ulrick & Yvonne 3180 E. Atlantic Drive 13-16 B.B.C. of ORD CH15-ART .IX-15.120(D).1 A Remove unlicensed & inoperable vehicle from your property. An occupational license is required for rental property. Code Officer Webb presented Case #05-2711 and recommended 10 days to bring the property into compliance by January 28, 2006. Motion Based on the Testimony and evidence presented in Case #05-2711, Ms. Carroll moved that this Board find that Joseph Ulrick & Yvonne are in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondents correct the violations on or before January 28, 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 for each day the violations continue past January 28, 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 re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that passed 6-0. Case #05-2727 Property Address: Violation(s) Espinal Cirilo 3180 Orange Street CH15-ART -15-120(D).1 A 13-16 B.B.C of ORD PT3-LDR.CH2. SEC.5.D.1. Remove unlicensed & Inoperable vehicle. Auto repair is not allowed in A R-1-A Zone, only minor auto repair can be done on your vehicles only. An occupational license is required for rental property. 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 18, 2006 Code Officer Webb presented Case #05-2727 and recommended 10 days to bring the property into compliance. Motion Based on the Testimony and evidence presented in Case #05-2727, Ms. Carroll moved that this Board find that Espinal Cirilo are in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violations on or before January 28, 2006. The Board has considered the gravity of the violations, the actions taken by the Respondents, 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 for each day the violations continue past January 28, 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. There was discussion increasing the fine. Ms. Carroll amended her motion to reflect the fine as $100 per day. Mr. Foot seconded the motion that passed 6-0. Reconsideration of Case Case #05-2070 Property Address: Violation(s) Rosa Sakir C 670 South Rd. FBC '01 ED BBA 104.1.1 BBA RBC '01 104.7.5 Obtain a permit and inspections for your dock. Senior Code Officer Melillo presented Case #05-2070 and explained at the request of Chair Costantino, this case has been placed on the agenda for reconsideration. He reviewed the matter was tabled at the last meeting. Chair Costantino asked the case be put on the agenda to determine whether the Board wanted to reconsider the matter. Attorney Tolces explained if the Board wanted to bring back the issue, the members would need to vote on the matter tonight and it would be placed on the next agenda in order to give notice to the property owner to be present at the hearing. Chair Costantino recounted this issue pertained to the SWFMD. Scott Blasie, Code Administrator explained the consensus of thought on this case was allowing two years was not going to provide the impetus to correct the violation and was considering a staggered checkpoint system. He added there is a lien on another one of the residences owned by the Respondent, and with the dock issue, staff did not want to grant the two-year extension without knowing the progress. 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 18, 2006 Motion A motion was made by Mr. Foot to reconsider Case #05-2070 at the February 15, 2006 meeting. Ms. Simshauser seconded the motion that passed 6-0. Attorney Tolces elaborated the Board is reconsidering the Order from the standpoint of when the motion was made and seconded. Case #05-2046 Property Address: Violation(s) Miriam Bravo 2828 SW 5th Street FBC '01 ED BBA 104.1.1 1 BBA FBC '01 104.7.5 Please secure all required permits for porch enclosure. Work done prior to secure permit requires 4X the fee. Code Officer Pierre reviewed Case #05-2046 and explained the case was heard on the 19th, and the Respondent received her permit on the 20th. The Building Department had a computer problem and processed the permit by hand. Chair Costantino requested verification that the applicant received the permit on December 20th which Code Officer Pierre confirmed. He clarified this matter was brought to the attention of the Administrator, Mr. Blasie, who then discussed it with him. Motion A motion was made by Mr. Yerzy to reconsider the certification of fine. The motion was seconded by Mr. Foot and unanimously carried 6-0. Chair Costantino confirmed the case was now reopened. Mr. Blasie explained when the matter was presented last month, they were under the impression it was not in compliance, when they were. There was discussion and consensus the Respondent was in compliance on December 20, 2005. The consensus was to recommend no fine. Motion Based on the testimony and evidence presented in Case #05-2046, Ms. Carroll moved to find that the Respondent has complied with this Board's Order dated November 18, 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 $0 (zero dollars) per day plus administrative costs. Mr. Foot seconded the motion that passed 6-0. Lien Penalty Certifications The City recommended certifying the following cases at $25 per day. 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 18, 2006 Case #05-2613 Geneva Russell NE 12th Ave. Motion Based on the testimony and evidence presented in Case #05-2613, Mr. Foot moved that this Board find that the Respondent has not complied with the Board's Order dated January 18, 2006 and having considered the gravity of the violation, 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. Carroll seconded the motion that passed 6-0. Case #05-2617 Geneva Russell 211 NE 11th Ave. Motion Based on the testimony and evidence presented in Case #05-2617, Mt. Foot moved that this Board find that the Respondent has not complied with the Board's Order dated January 18, 2006 and having considered the gravity of the violation, 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. Carroll seconded the motion that passed 6-0. The City recommended certifying the following cases at $200 per day. Case #05-2381 Andrew & Gail Luchey 128 NW 10th Ave. Motion Based on the testimony and evidence presented in Case #05-2381, Ms. Carroll moved that this Board find that the Respondents have not complied with the Board's Order dated December 21,2005 and having considered the gravity of the violation, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $200 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. Ms. Cook seconded the motion that passed 6-0. The City recommends no fines in the following cases: Case #05-2168 Ameritech International Inc. (Page 39) Case #05-1700 Bible Church of God Inc. (Page 42) Case #05-2160 James & Laura E. Eckert (Page 49) Case #05-2380 Gail Luchey (Page 50) 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 18, 2006 Case #05-2168 Ameritech International Inc. SW 8th St. Motion Based on the testimony and evidence presented in Case #05-2168, Mr. Foot moved that this Board find that the Respondent, Ameritech International Inc., 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 November 16, 2005, and in consideration of the gravity of the violations, the actions taken by the Respondent to remedy the violations, and previous violations of the Respondent, that this Board impose and certify a fine in the amount of $0 (zero). Ms. Carroll seconded the motion that passed 6-0. Case #05-1700 Bible Church of God Inc. 1390 N. Seacrest Blvd. Motion Based on the testimony and evidence presented in Case #05-1700, Mr. Foot moved that this Board find that the Respondent, Bible Church of God, Inc., 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 $0 (zero). Ms. Carroll seconded the motion that passed 6-0. Case #05-2160 James & Laura E. Eckert 178 SW 30th Ave. Motion Based on the testimony and evidence presented in Case #05-2160, Mr. Foot moved that this Board find that the Respondents, James and Laura E. Eckert., were in violation of the City of Boynton Beach Code Sections as cited, subsequent to the date of compliance specified in this Board's Order of December 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 $0 (zero). Ms. Carroll seconded the motion that passed 6-0. Case #05-2380 Gail Luchey 124 NW 10th Ave. Motion Based on the testimony and evidence presented in Case #05-2380, Mr. Foot moved that this Board find that the Respondent, Gail Luchey, was in violation of the City of Boynton Beach Code Sections as cited, subsequent to the date of compliance specified in this Board's Order of December 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 $0 (zero). Ms. Carroll seconded the motion that passed 6-0. 28 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 18, 2006 Case #05-1674 Property Address: Violation(s) Hammer Properties LLC 1900 N. Federal Hwy. FBC '01 ED BBA 104.1.1 BBA FBC '01 104.7.5 Please apply and secure the proper permits for the new water heater and gas piping done on the apartments. The new entry doors installed also require building permits. Work before permit issued. Code Officer Lewis recommended Case #05-1674 be tabled to the February 15, 2006 meeting. Motion Ms. Simshauser moved that Case #05-1674 be tabled until the Code Compliance Board Meeting to be held on February 15, 2006. Ms. Carroll seconded the motion that passed 6-0. Case #05-526 Property Address Violation(s) G. & Emily H. Caliendo 916 SE 1st St. CH15-ART.lX-15-120 (D) 1INC, Remove all trash and debris. Repair or replace driveway. Repair or replace fence. Install sod in the yard. Motion Ms. Carroll moved that Case #05-526 be tabled until the Code Compliance Board meeting to be held on March 15, 2006. Mr. Foot seconded the motion that passed 6-0. Mr. Blasie announced there will be a Lien Reduction meeting next Thursday. Adjournment There being no further business, a motion was made by Ms. Cook to adjourn. Ms. Carroll seconded the motion that passed 6-0. Meeting adjourned at 8:57 P.M. Respectfully submitted, Catherine Cherry-Guberman Recording Secretary (020606) 29 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 18, 2006 Case #05-1674 Property Address: Violation(s) Hammer Properties LLC 1900 N. Federal Hwy. FBC '01 ED BBA 104.1.1 BBA FBC '01104.7.5 Please apply and secure the proper permits for the new water heater and gas piping done on the apartments. The new entry doors installed also require building permits. Work before permit issued. Code Officer Lewis recommended Case #05-1674 be tabled to the February 15, 2006 meeting. Motion Ms. Simshauser moved that Case #05-1674 be tabled until the Code Compliance Board Meeting to be held on February 15, 2006. Ms. Carroll seconded the motion that passed 6-0. Case #05-526 Property Address Violation(s) G. & Emily H. Caliendo 916 SE 1st St. CH15-ART.lX-15-120 (D) 1INC, Remove all trash and debris. Repair or replace driveway. Repair or replace fence. Install sod in the yard. Motion Ms. Carroll moved that Case #05-526 be tabled until the Code Compliance Board meeting to be held on March 15, 2006. Mr. Foot seconded the motion that passed 6-0. Mr. Blasie announced there will be a Lien Reduction meeting next Thursday. Adjournment There being no further business, a motion was made by Ms. Cook to adjourn. Ms. Carroll seconded the motion that passed 6-0. Meeting adjourned at 8:57 P.M. Respectfully submitted, /l Ii 1/'.1 I ^. I 1, L ; lviii, Catherine herry-Guberman Recording Secretary (020606) 29