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Minutes 04-19-06 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, APRIL 19, 2006 AT 7:00 P.M. IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA Present: Michele Costantino, Chair Kathy Cook, Vice Chair (left 8:47 p.m.) Kathleen Carroll Chris DeLiso Robert Foot Lisa Simshauser Richard Yerzy David Tolces, Assistant City Attorney Scott Blasie, Code Administrator Code Officers: Willie Webb Courtney Cain Luney Guillaume Skip Lewis Mike Melillo Vestiguerne Pierre Pete Roy Rich Laverdure I. Call to Order Chair Costantino called the meeting to order at 7:00 p.m. The board proceeded to the business of electing a Chairman and Vice Chairman for the current board year. II. Election of Chairman and Vice Chairman Mr. Foot moved to re-elect Ms. Costantino as Chair and Ms. Cook as Vice Chair. There was no second. Ms. Carroll moved to elect Mr. DeLiso as Chair and Ms. Costantino as Vice Chair. There was no second. Assistant City Attorney Tolces suggested a procedure of first entertaining nominations for the Chair and then voting on them in the order of nomination. The nominated person receiving a majority of the vote would then be the Chair and the same for the Vice Chair. Mr. Foot and Ms. Carroll withdrew their motions. Motion Mr. Foot nominated Ms. Costantino as Chair. Ms. Cook seconded the motion. Ms. Costantino accepted. Motion Ms. Carroll nominated Mr. DeLiso as Chair. Ms. Simshauser seconded the motion. Mr. DeLiso accepted. Since there were no further nominations, the nominations were closed. A roll call vote was taken on the nomination of Ms. Costantino as Chair and the motion passed 4-3, Ms. Carroll, Ms. Simshauser, and Mr. DeLiso dissenting. Attorney Tolces declared Ms. Costantino was the Chair for the Code Compliance Board by a majority of 4 votes. Meeting Minutes Code Compliance Board Boynton Beach, Florida April 19, 2006 Chair Costantino opened the floor for nominations for Vice Chair. Attorney Tolces advised nominations did not require a second. Motion Mr. Yerzy nominated Mr. DeLiso as Vice Chair. Mr. DeLiso accepted the nomination. Motion Mr. Foot nominated Ms. Cook as Vice Chair. Ms. Cook accepted the nomination. Since there were no further nominations, the floor was closed to nominations. A roll call vote was taken on the nomination of Mr. DeLiso as Vice Chair. The motion passed 5- 2, Chair Costantino and Mr. Foot dissenting. Attorney Tolces declared Mr. DeLiso was the Vice Chair for the Code Compliance Board. III. Approval of the Minutes Chair Costantino stated in the March 15, 2006 minutes, the three instances on pages 12 and 13 showing Mr. Simshauser should be changed to Ms. Simshauser. On Page 11, it should state Mr. and not Ms. Schnell. On page 1, Case #06-292 is supposed to be Case #06-296. On Page 15, the fine amount in Case #06-99 should be $250 instead of $100. On page 18, Case #06-30, the compliance date should be March 25, 2006. Motion Mr. DeLiso moved to accept the March 15, 2006 minutes as corrected. Ms. Simshauser seconded the motion that passed 7-0. Mr. Foot noted the March 23, 2006 lien reduction minutes should also be presented for approval. Motion Mr. Foot moved to approve the March 23, 2006 minutes as presented. There was no second. Mr. Foot withdrew his motion. A few members of the board had not received their copy of the minutes to review. Motion Mr. Foot moved to table approval of the March 23, 2006 minutes until the next meeting. Mr. Yerzy seconded the motion that passed 7-0. IV. Agenda Approval Chair Costantino asked if there were any changes, additions, or deletions to the agenda. Sr. Code & Rehab Officer Roy declared Case #05-1959 should be tabled to June 21, 2006. Motion Mr. DeLiso moved to table Case #05-1959 to June 21, 2006. Ms. Simshauser seconded the motion that passed 7-0. 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 19, 2006 Mr. Roy indicated Case #06-262, Case #06-453, Case #06-579, and Case #06-23 should be removed. The following cases complied: Case #06-395, Case #06-229, Case # 06-444, and Case #06-39. Motion Mr. Foot moved to approve the agenda as amended. Ms. Simshauser seconded the motion that passed 7-0. V. Swearing in of Witnesses and Introduction Attorney Tolces explained the hearing procedures and administered the oath to all persons that would be testifying. Mr. Roy determined who was present. VI. New Business A. Cases to be Heard Case #05-912 C & N Center Investments, Inc.1 Nicholas Zicaro Registered Agent 2960 N.W. Commerce Park Drive PT 3-LDR. CH 4, SEC.11 Site plan maintenance required. Property Address: ViolationCs): Code Officer Cain presented the case, stating while not an eyesore, landscaping was obviously missing. The initial inspection date was May 23, 2005. Nick Zicaro, 18115 Lake Bend Drive, Jupiter, pled no contest and asked for six months. If he fixed the roof before the landscaping, the roofer might ruin the landscaping. Also, he had to engage the services of a horticulturist for the landscaping. He expected to have a tin roof on in the next two months. Motion Based on the testimony and evidence presented in Case #05-912, Mr. Foot moved that this board find that C & N Center Investments, Inc/Nicholas Zicaro Registered Agent are in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondents correct the violations on or before July 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 $250 per day for each day the violations continue past July 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. 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 19, 2006 Case #06-619 Property Address: Violation(s): Suzanne Khader 316 N.W. 1st Avenue 10-2 BBC of ORD, CH15-ART.IX-15- 120 (D) INC. Mow overgrown yard. Trim hedges. Deweed driveway. Install sod wherever dead or bare spots occur. Code Officer Cain presented the case and cited the violations as shown. Craig Earnhart, 316 N.W. 1st Avenue, Boynton Beach, spoke on behalf of Ms. Khader at her request and pled no contest, asking for 90 days to complete the work. Motion Based on the testimony and evidence presented in Case #06-619, Ms. Carroll moved that this board find that Suzanne Khader is in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondent correct the violations on or before July 18, 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 for each day the violations continue past July 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 reinspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that passed 7-0. Case #05- 2428 Property Address: Violation( s): Earl F. & Angela L. Campbell 118 S. W. 10th Avenue 10-2 BBC of ORD, FBC'Ol ED BA 104.1.1 Mow overgrown yard and swale. Permit required for structure located on the east and rear side of the property . Code Inspector Luney Guillaume presented the case. Inspector Guillaume presented pictures to the board following presentation to the Campbells. The structure at issue is like an overhang, extension, or carport. Earl Campbell, 118 S.W. 10th Avenue, Boynton Beach, pled no contest and asked for 90 days. Angela Campbell appeared as well. Ms. Campbell indicated they had added on to an overhang that was already there. Ms. Cook asked if they could get a permit in three months. Mr. Campbell stated the County lost the survey and they had to get a new one, so it could take three months. They believed they could get a variance so they would not have to shorten the structure. Mr. Foot said since an engineer would be involved, this could take longer than three months. The board debated how long to give and whether to attach a potential fine to this case. Inspector Guillaume did not know if the structure presented a hurricane hazard or not. It was 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 19, 2006 felt 90 days would allow some time for action and the Campbells could come in and ask for an extension if they needed it. Ms. Simshauser wanted to table it for 90 days. Motion Based on the testimony and evidence presented in Case #05-2428, Mr. Yerzy moved that this board find that Earl and Angela Campbell are in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondents correct the violations on or before June 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 $50 per day for each day the violations continue past June 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. Vice Chair DeLiso seconded the motion. In discussion, Mr. Yerzy amended the motion to July 18, 2006 and Vice Chair DeLiso agreed. The motion passed 6-1, Ms. Simshauser dissenting. The Campbells were advised to keep Inspector Guillaume informed about their progress. In response to a question from Mr. Campbell, Chair Costantino advised the fine would still go into effect if the violations were not corrected by July 18. Case #06-63 Danny G. Parham & Mary W. Parham Estate 3010 S.E. 1st Street CH15-ART.IX-15-120 (D) INC, PT3- LDR.CH20-VIII.SEC loG. Mow and de-weed all overgrown yard areas including front, rear and side. Trim overgrown trees, shrubs and bushes. Sod yard. Remove all trash and debris in rear and front. Repair ceiling and bathroom cabinet. Clean all rooms and bathroom. Property Address: Violation( s): Sr. Code Officer Pierre presented the case, outlining the reasons for the violation. Danny Parham, 3010 S.E. 1st Street, Boynton Beach, pled no contest and requested 30 days. Photographs were shown to the board after first presenting them to Mr. Parham. Code Officer Pierre indicated the Respondent lived on the premises and had fixed some of the items cited in the violation notice, but some rooms still needed to be cleaned. Motion Based on the testimony and evidence presented in Case #06-63, Mr. Foot moved that this board find that Danny G. Parham and Mary W. Parham Estate are in violation of City of Boynton 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 19, 2006 Beach Code sections as cited, and moved to order that the Respondents correct the violations pertaining to overgrown trees, trash and debris in the front and rear yard on or before May 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 $100 per day for each day the violations continue past May 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. Yerzy seconded the motion that passed 7-0. Motion Based on the testimony and evidence presented in Case #06-63, Mr. Foot moved that this board find that Danny G. Parham and Mary W. Parham Estate are in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondents correct the violations pertaining to repair of the ceiling and bathroom cabinet and the cleaning of all rooms, on or before June 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 $50 per day for each day the violations continue past June 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. Ms. Cook seconded the motion that passed 7-0. Code Officer Pierre met with Mr. Parham to explain in detail what he had to do in order to come into compliance. Case #06-149 Property Address: Violation( s): Delray Beach City of Lessor 1025 Mission Hill Road CH15-ART.IX-15-120 (B).1 Sod swale and remove trash and debris. Also, fix light fixtures and the gate to comply with City Codes. Sr. Code Officer Pierre presented the case and outlined the nature of the violations. Bruce J. Roper, 1119 S.W. 24th Avenue, Boynton Beach, Chairman of the Police Benevolent Association, pled no contest and asked for 90 days. Attorney Tolces asked Mr. Roper to explain, for the record, his relationship to the property in question and the exact name of the owner. Mr. Roper said the City of Delray Beach did not own the property; it was the property of the Delray Beach Police Benevolent Association (PBA). He commented the gates and the lights had been subjected to damage from a garbage truck and kids. Parents park in the swale area in the front. They will re-sod, irrigate, and place curb cones to deter parking. Mr. Foot mentioned the need for trash pick-up before hurricane season and Code Officer Pierre commented the Respondent should call the City for a special trash pick up. He had received four or five calls about the trash in the swale. Mr. Roper mentioned one of the Board members 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 19, 2006 advised him he had called the City three times for a special trash pickup with no result. Code Officer Pierre indicated he had spoken to the responsible person in the City, who advised him he had gotten three calls, but no one had ever returned his call. He suggested a telephone call to the Director of Public Works, Jeff Livergood, to find out why nothing had been done. Motion Based on the testimony and evidence presented in Case #06-149, Ms. Carroll moved that this board find that Delray Beach City of Lessor are in violation of City of Boynton Code sections as cited, and moved to order that the Respondents correct the violations on or before July 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 $50 per day for each day the violations continue past July 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. Ms. Simshauser seconded the motion that passed 7-0. For the record, Attorney Tolces advised the motion should refer to the Delray Beach Police Benevolent Association (PBA). Case #06-408 Property Address: Violation(s): Mark Schiff 3805 South Lake Drive CH15-ART.IX-15-120 (D). INC. Repair or replace broken windows and garage door. Sr. Code Officer Pierre presented the case, outlining the nature of the violations. Mark Schiff, 3805 South Lake Drive, Boynton Beach, pled guilty, explaining the permits had been applied for and were in process. Code Officer Pierre noted the house was open and no permit was necessary to fix the garage. Mr. Schiff responded he had been told to stop work until permits were pulled, so he boarded the windows up. Code Officer Pierre stated the case had nothing to do with permitting, but with boarding the house up to make it secure, including fixing the garage door. In discussion, Mr. Schiff did not have to completely repair or replace the garage door at this time, but did have to make the house secure, including the garage door. Mr. Schiff believed he could board up the rest of the house in 10 to 20 days. Motion Based on the testimony and evidence presented in Case #06-408, Mr. Foot moved that this board find that Mark Schiff is in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondent correct the violations on or before April 29, 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 $100 per day for each day the violations continue past April 29, 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 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 19, 2006 arrange for reinspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed 7-0. Case #06-445 Property Address: Violation(s): Lori &. Robert Neumann 910 S.W. 27th Avenue BBA FBC '05105.1.1, and 108.5 Permits required for carport enclosure, doors and windows. Work began without permits. Sr. Code Officer Pierre asked the board to dismiss the case. The new owners will be cited. Motion Ms. Carroll moved to dismiss Case #06-445. Ms. Simshauser seconded the motion that passed 7-0. Case #06-554 Property Address: Violation( s): Anael F. Lambert 50 S. Palm Drive PT3-LDR.CH20-VIII.SEC1.G,SEC 2.A&.B Dwelling unfit for human habitation. Trash and debris and derelict objects in yard. All doors and windows must be weatherproof and watertight and all hardware in working order. All appliances must be working and all electrical outlets and panel boxes must be properly covered and working. Panel box in storage room has exposed hot wires coming into house from utility pole. This is a fire hazard. A licensed electrical contractor must pull permits and repair box, wiring and outside line. Remove all storage that has electrical box blocked. All plumbing fixtures must be in working order and not leaking. All light fixtures must be working. Repair irrigation pump and repair all holes in walls (interior and exterior). All cabinets must be in good order. Pull a permit and repair storage room (rotten wood). Repair rotten wood around carport. Mow tall weeds. Sr. Code Officer Willie Webb presented the case, detailing the various violations. The house is a rental and people are living in it. The house was in compliance at one time. The initial inspection was done on March 7, 2006. Written notice was given with ten days to comply. Certified mail was sent March 30, 2006 and came back unopened. The property was posted April 5, 2006. There is a fire hazard. Pictures were circulated among the board members. 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 19, 2006 Attorney Tolces administered the oath to the Respondent as he was not present earlier. Anael Lambert, 50 S. Palm Drive, Boynton Beach, pled no contest and requested 60 days to come into compliance. The tenants had made a mess of the house. He had been trying to get the tenants out and had gone personally to clean up, but had not contacted the Sheriff. He was working with the tenants to try to get them to cease putting trash in the yard. The board expressed serious concern. The debris and trash came second to the electrical/fire hazard presented by the violations. In response to a question, Mr. Lambert responded there were children living in the home. Mr. Foot asked Attorney Tolces what the board's options were in this case. Mr. Foot believed the board was limited to making findings of violations and imposing fines. The board could not simply edict that in ten days the tenants would be gone, as that was not in their purview. Attorney Tolces stated one option was to recommend the City Commission look at this house as a health and safety issue in regard to nuisance abatement. Mr. Foot understood from Attorney Tolces that the board's request would be in the form of an agenda item sent to the City Commission, and that could take some time. Scott Blasie, Code Compliance Administrator, suggested an Order of 10 ten days for the actual life safety issues. The electrical issues required a licensed electrician to fix. If that were done, the issue of people living in the home would be less immediate. The rest of the things could be worked on in time. Motion Based on the testimony and evidence presented in Case #06-554, Ms. Carroll moved that this board find that Anael F. Lambert is in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondent correct the violations regarding life safety issues on or before April 29, 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 for each day the violations continue past April 29, 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. Cook seconded the motion that passed 7-0. Motion Based on the testimony and evidence presented in Case #06-554, Ms. Carroll moved that this board find that Anael F. Lambert is in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondent correct the violations on or before June 3, 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 June 3, 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. 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 19, 2006 Attorney Tolces advised the Code Compliance Board could sit as a Nuisance Abatement Board and he would research what their specific powers would be, going forward. VII. Old Business A. Lien Penalty Certifications Case #05-2020 Mark H. Schiff 3805 South Lake Drive Sr. Code Officer Lewis reviewed the case. The Respondent asked for the case to be tabled until this meeting. The original notice of violation was issued on August 23, 2005 for violations of the Florida Building Code and amendments. Work was done on a porch enclosure, interior remodeling and windows, without a permit. The Code Compliance Board hearing was on September 21, 2005 and no one appeared. A compliance date of December 20, 2005 was set and a fine of $25 a day was proposed. The violation still exists. Mark Schiff, 3805 South Lake Drive, Boynton Beach, stated he showed up at the meeting on September 21, and Code Officer Lewis said it was not necessary for him to attend. He felt he would have the permits in a couple of weeks and he could then finish the house. Sr. Code Officer Lewis stated, for the record, Mr. Schiff asked for the time to comply. He could not say he appeared if he was not in front of the board. He was outside and asked for the time to complete. There was a communication from the ex-building official, Don Johnson, about the progress made by Mr. Schiff in the members' agenda packets. Mr. Foot suggested tabling the case for at least a month since he was making efforts to come into compliance, reminding him at the same time the fines continued to accrue. Sr. Code Officer Lewis believed Mr. Schiff had a long way to go to come into compliance, based on Mr. Johnson's notes and Mr. Blasie's comments on them. Mr. Schiff introduced an engineer to speak in his favor. John Shields, P. O. Box 7544, West Palm Beach, 33405 stated he had applied for permits about a week ago. He did not see anything that could not be rectified. It may take six months to get product approvals for the windows. Mr. Foot felt the issue was not the work but the permits. Mr. Shields said the permits could be produced in a week since Mr. Schiff had already submitted drawings prepared by Mr. Shields. Ms. Cook felt there were too many comments on the work and the way in which the permit applications were done. She did not see that it could be done in six months. Also, the fine was still accruing and had been since December 20, 2005 at $25/day. Attorney Tolces indicated the board was considering now whether to impose a lien on the dwelling. Mr. Shields commented the structural issues could not be addressed until some demolition was done. He did not, however, think the work should be extensive. 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 19, 2006 Motion Mr. Foot moved to table Case #05-2020 until the Code Compliance Board meeting on May 17, 2006. Ms. Cook seconded the motion that passed 7-0. Case #06-78 Fortunato Rubio & Veronica Pantoja 859 N.W. 8th Avenue Code Officer Cain reported the notice of violation was issued on January 13, 2006. The violation was to secure the pool. The Code Compliance Board met on February 15, 2006 and Ms. Veronica Pantoja appeared. A compliance date was set for February 25, 2006 and a fine was proposed of $100 per day. The pool was secured and the property in compliance by April 10, 2006. Motion Based on the testimony and evidence presented in Case #06-78, Ms. Carroll moved that this board find that the Respondents, Fortunato Rubio and Veronica Pantoja, 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 February 15, 2006, and in consideration of the gravity of the violation, the actions taken by the Respondents to remedy the violation, and previous violations of the Respondents, that this board impose and certify a fine in the amount of $0 including administrative costs. Ms. Simshauser seconded the motion that passed 7-0. Case #06-78 Fortunato Rubio & Veronica Pantoja 859 N.W. 8th Avenue Code Officer Cain presented another case on the same property, same owner at the same time. The second case had to do with trash, debris, sod, weeds, and the need for an occupational license. The Code Compliance Board met on February 15, 2006 and Ms. Veronica Pantoja appeared. A compliance date was set for March 17, 2006 and a fine was proposed of $50 per day. The violation still exists. Veronica Pantoja, 859 N.W. 8th Avenue, Boynton Beach, appeared. She stated some things still needed to be done inside but she had to do the roof first and was waiting for an insurance check, which should come in 10 days. Before she could get an occupational license, she needed to call for an inspection. Mr. Foot suggested tabling the case for 60 days. Motion Based on the testimony and evidence presented in Case #06-78, Ms. Cook moved that this board find that the Respondents have not complied with this board's Order dated February 15, 2006, 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 $50 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. Mr. Yerzy seconded the motion that passed 6-1, Mr. Foot dissenting. Case #06-10 Cederick & Katherine Edwards 1098 Seagrape Drive, Lantana 11 1521 N.E. 4th Street Meeting Minutes Code Compliance Board Boynton Beach, Florida April 19, 2006 Attorney Tolces administered the oath to the Respondents. Sr. Code Officer Lewis stated the notice of violation was sent on January 5, 2006 for violations of the Florida Building Code and an occupational license. The board met on February 15, 2006 and no one appeared. A compliance date was set for March 17, 2006 and a fine was proposed of $50 per day. The occupational license was obtained. The violation for a non-permitted structure was still in existence. Cederick Edwards, 198 Seagrape Drive, Lantana, appeared. He stated he took a picture of his shed, a gazebo, and brought it to the Building Department. He had a bUilder/owner permit for it. At that time, the City called him back and told him he had to get a contractor. He paid a contractor to do the job and took the picture to the Building Department. They told him he would have to come into compliance and that is what he did. Code Officer Lewis told him it was not in compliance, but the Building Department told him that it was. The individual at the Building Department told Mr. Edwards he only needed to see the layout of the framing. He brought in a copy of that and he was in compliance with Ted's Sheds. Chair Costantino asked Mr. Edwards if he had a permit and he responded, yes. She asked if it was signed off yet and he responded, no. Mr. Foot thought the issue of removal of the structure, as ordered by the board, had to be addressed. Code Officer Lewis tried to explain the situation to Mr. Edwards before the meeting. He went to the Building Department and got a building permit for a shed. He submitted a master plan for Ted's Shed, Inc. Mr. Edwards said this was in reference to the framing, since that was what the Building Department told him they wanted to see. According to Mr. Edwards, if Mr. Lewis had taken a picture from the inside, it would have shown the structure was in compliance with the hurricane codes. Chair Costantino asked what the original structure was, and Mr. Edwards responded, a gazebo. She asked to see the original pictures. She confirmed the gazebo was the non-permitted structure. Mr. Edwards had gone to the Building Department, showed them a picture, and asked what he could do to bring it up to Code. They told him they just needed a layout of the framing process and that is what he did. He maintained it was built to standards higher than those used by Ted's Sheds. Mr. Edwards will call for a final inspection on his next day off, probably next Wednesday. Code Officer Lewis said the roof was done years back. It was tar papered and shingled. Any roof had to be inspected through the process of being roofed. There was framing on there. The only permit he had was for a Ted's Shed. The slab was never permitted. It had to meet the Code requirements of a Ted's Shed. It had to be a Ted's Shed. Mr. Edwards did not submit a plan for what he built. 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 19, 2006 Motion Mr. Foot moved to table Case #06-10 to May 17, 2006. Ms. Simshauser seconded the motion that passed 7-0. The meeting was recessed at 8:46 p.m. and reconvened at 8:50 p.m. Ms. Cook left the meeting during the recess. VI. New Business - Cases to be Heard (cont'd.) Case #06-359 Property Address: Violation( s): Claire Sparks 2780 S. Evergreen Circle 13-16 BBC of Ord. Occupationallicen5e required - rental property Code Officer Cain presented the case and recommended 30 days for compliance. Motion Based on the testimony and evidence presented in Case #06-359, Ms. Simshauser moved that this board find that Claire Sparks is in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondent correct the violations on or before May 19, 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 for each day the violations continue past May 19, 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 6-0. Case #06-227 Property Address: Violation( s): Zambelia Allen 206 S.W. 3rd Street BBA FBC '05 105.1.1, BBA to FBC 04 109.3 Mow overgrown yard and swale and repair or replace roof. Permit and required inspections are needed to repair or replace roof. Code Inspector Guillaume presented the case and recommended 10 days for compliance. Motion Based on the testimony and evidence presented in Case #06-227, Ms. Carroll moved that this board find that Zambelia Allen is in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondent correct the violations on or before April 29, 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 for each day the violations continue 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 19, 2006 past April 29, 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 6-0. Case #06-514 Property Address: Violation(s): Raymond T. Zompa 416 S.W. 5th Avenue CH15-ART.IX-15-120 (D) 11NC Mow your yard and trim your trees and shrubs and remove all trash and debris. Sr. Code Officer Laverdure presented the case and recommended 15 days for compliance. Motion Based on the testimony and evidence presented in Case #06-514, Ms. Carroll moved that this board find that Raymond T. Zompa is in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondent correct the violations on or before May 4, 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 for each day the violations continue past May 4, 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 6-0. Case #06-515 Property Address: Violation(s): Franco Elysee & Marie Volcy 216 S.W. 5th Avenue CH15-ART.IX-15-120 (D) 11NC Remove all storage from carport and register and make vehicle operable or remove from property. Sr. Code Officer Laverdure presented the case and recommended 10 days for compliance. Motion Based on the testimony and evidence presented in Case #06-515, Ms. Carroll moved that this board find that Franco Elysee & Marie Volcy are in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondents correct the violations on or before April 29, 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 April 29, 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. Simshauser seconded the motion that passed 6-0. Case #06-101 Property Address: Darvin l. Russell 1920 N. Seacrest Boulevard 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida Violation(s): April 19, 2006 CH15-ART.IX-15-120 (D) 1 INC, BBA FBC '05 105.1.1, PT 3-LOR.CH20- VIII.SEC2.A. Secure permit and inspections to repair missing unsafe carport support column. Roof needs to be repaired or replaced (permit required). Remove any trash and debris. Sr. Code Officer Lewis presented the case and recommended 30 days for compliance. Motion Based on the testimony and evidence presented in Case #06-101, Ms. Carroll moved that this board find that Darvin L. Russell is in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondent correct the violations on or before May 19, 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 for each day the violations continue past May 19, 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 6-0. Case #06-143 Property Address: Violation(s): Marie C. Horace 113 Sea crest Court 10-52 & 10-52A BBC of Ord., CH15- ART.IX-15-120 (D) INC Remove inoperable vehicles from the property. Remove any auto parts, tires, and debris from outdoor areas Sr. Code Officer Lewis presented the case and recommended 10 days for compliance. Motion Based on the testimony and evidence presented in Case #06-143, Ms. Carroll moved that this board find that Marie C. Horace is in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondent correct the violations on or before April 29, 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 for each day the violations continue past April 29, 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 6-0. Case #06-341 Property Address: Violation( s): Yachtsman Properties LLC 1600 N. Federal Highway CH15-ART.IX-15-120 (D) INC, 10-2 BBC of Ord, BBA FBC '05105.1.1 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 19, 2006 Remove all discarded Freon tanks, trash, debris and any other items from the dumpster area and the property. Damaged fencing material needs to be removed and a new fence installed as per site plan approval. Sr. Code Officer Lewis presented the case and recommended 30 days for compliance. Motion Based on the testimony and evidence presented in Case #06-341, Mr. Yerzy moved that this board find that Yachtsman Properties, Inc are in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondents correct the violations on or before May 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 for each day the violations continue past May 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. Ms. Simshauser seconded the motion that passed 6-0. Case #06-372 Property Address: Violation( s): Pedro Bohorquez 1536 N. Sea crest Boulevard 424.2.17.1.1 thru 10; BBA FBC '05 105.1.1 Secure pool areas with proper barrier (permit required). Remove any other non-permitted fencing (chain link) or receive a permit and inspection for new fencing installation. Sr. Code Officer Lewis presented the case and recommended 10 days for compliance. Motion Based on the testimony and evidence presented in Case #06-372, Ms. Carroll moved that this board find that Pedro Bohorquez is in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondent correct the violations on or before April 29, 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 29, 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 6-0. Case #06-379 Property Address: Violation(s): Luis G. Gonzalez 615 Oak Street B 13-16 BBC of ORD, BA FBC '05 105.1.1 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 19, 2006 Rental property requires occupational license - passing inspection required). Exterior water heaters do not meet Code - Secure permits for exterior water heaters. Sr. Code Officer Lewis presented the case and recommended 15 days for compliance. Motion Based on the testimony and evidence presented in Case #06-379, Ms. Carroll moved that this board find that Luis G. Gonzalez is in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondent correct the violations on or before May 4, 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 for each day the violations continue past May 4, 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 6-0. Case #06-466 Property Address: Violation(s): Omari Murray 408 S.W. 10th Avenue CH15-ART.IX-15-120 (D) INC Mow and deweed all overgrown yard areas. Remove all trash, debris, inoperable vehicles and outdoor stored materials from the property. Sr. Code Officer Lewis presented the case and recommended 10 days. Motion Based on the testimony and evidence presented in Case #06-466, Ms. Carroll moved that this board find that Omari Murray is in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondent correct the violations on or before April 29, 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 for each day the violations continue past April 29, 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. Yerzy seconded the motion that passed 6-0. Case #06-467 Property Address: Violation( s): Omari Murray 340 S.W. 10th Avenue CH15-ART.IX-15-120 (1) INC Remove unregistered motor vehicles from the property. Re-sod dead areas of the swale/trash hole area. Clean up al trash and debris. 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 19, 2006 Sr. Code Officer Lewis presented the case and recommended 10 days for compliance. Motion Based on the testimony and evidence presented in Case #06-467, Ms. Carroll moved that this board find that Omari Murray is in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondent correct the violations on or before April 29, 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 29, 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 6-0. Case #06-569 Property Address: Violation(s): Boynton Beach Fla. Congregation NE 15th Avenue CH15-ART.IX-15-120 (D) INC 10-2 BBC of Ord Vacant property - Remove trash. Sr. Code Officer Lewis presented the case and recommended 15 days for compliance. Motion Based on the testimony and evidence presented in Case #06-569, Mr. Yerzy moved that this board find that Boynton Beach Fla. Congregation is in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondent correct the violations on or before May 4, 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 May 4, 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. Foot seconded the motion that passed 6-0. Case #06-374 Property Address: Violation(s): Timothy O. & Emma Haye 625 N.E. 12th Avenue CH15-ART.IX-15-120 (D) .1A Remove all unregistered/inoperable vehicles from property. Sr. Code Officer Melillo presented the case and recommended 10 days for compliance. Motion Based on the testimony and evidence presented in Case #06-374, Ms. Simshauser moved that this board find that Timothy O. & Emma Haye are in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondents correct the violations on or before April 29, 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 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 19, 2006 Respondents do not comply with this Order, a fine in the amount of $25 per day for each day the violations continue past April 29, 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 #05-2800 Property Address: Violation(s): Justin Scarpelli 412 S.E. 21st Avenue CH15-ART.IX-15-120 (D) INC. De-weed and sod yard. Repair screened porch and remove all trash and debris. Sr. Code Officer Pierre presented the case and recommended 30 days for compliance. Motion Based on the testimony and evidence presented in Case #05-2800, Ms. Carroll moved that this board find that Justin Scarpelli is in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondent correct the violations on or before May 19, 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 for each day the violations continue past May 19, 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 6-0. Case #06-210 Property Address: Violation(s): Scott T. Kipp 3456 N. Old Dixie Highway CH15-ART.IX-15-120 (D).INC. Remove all unregistered/inoperable vehicles off of property. Mow and trim overgrown yard and remove all trash and debris. Sr. Code Officer Pierre presented the case and recommended 10 days for compliance. Motion Based on the testimony and evidence presented in Case #06-210, Ms. Carroll moved that this board find that Scott T. Kipp is in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondent correct the violations on or before April 29, 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 29, 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 6-0. 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 19, 2006 Case #06-163 Property Address: Violation(s): Henry Davis 529 N.W. 5th Street BBA FBC '05105.1.1 Permit required for shed in rear yard. Sr. Code & Rehab Officer Roy presented the case and recommended 30 days for compliance. Motion Based on the testimony and evidence presented in Case #06-163, Ms. Carroll moved that this board find that Henry Davis is in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondent correct the violations on or before May 19, 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 for each day the violations continue past May 19, 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 6-0. Case #06-168 Property Address: Violation(s): Edoris Maddox 614 N.W. 5th Street CH15-ART.IX-15-120 (D) INC, PT3- LOR.CH2.SEC 5.0.1 Remove all construction material and equipment from property. Sr. Code & Rehab Officer Roy presented the case and recommended 10 days for compliance. Motion Based on the testimony and evidence presented in Case #06-168, Ms. Carroll moved that this board find that Edoris Maddox is in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondent correct the violations on or before April 29, 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 $75 per day for each day the violations continue past April 29, 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 6-0. Case #06-434 Property Address: Violation(s): Earnestine Hatcher 415 N.W. 9th Avenue CH15-ART.IX-15-120 (D) INC. Remove all unregistered vehicles from property. Sr. Code & Rehab Officer Roy stated the property had come into compliance. 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 19, 2006 Motion Mr. Foot moved to dismiss Case #06-434. Ms. Carroll seconded the motion that passed 6-0. Case #06-475 Property Address: Violation( s): Cicero Clemons 1018 N.W. 4th Street CH15-ART.IX-15-120 (D) INC. Remove all inoperable unregistered vehicles from property. Sr. Code & Rehab Officer Roy presented the case and recommended 10 days for compliance. Motion Based on the testimony and evidence presented in Case #06-475, Ms. Carroll moved that this board find that Cicero Clemons is in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondent correct the violations on or before April 29, 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 29, 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. Yerzy seconded the motion that passed 6-0. Case #06-559 Property Address: Violation( s): Joe L. & Willie M. Owens 807 N.W. 4th Street CH15-ART.IX-15-120 (D) INC, PT3- LDR.CH2. SEC 5.C.1 Remove all outside storage and inoperable vehicles from rear of property. Sr. Code & Rehab Officer Roy presented the case and recommended 10 days for compliance. Motion Based on the testimony and evidence presented in Case #06-559, Ms. Carroll moved that this board find that Joe L. & Willie M. Owens are in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondents correct the violations on or before April 29, 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 April 29, 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 6-0. 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 19, 2006 Case #05-2480 Property Address: Violation(s): Eric S. Davis &. Davis L. Ford 3313 Grove Road CH15-ART.IX-15-120 (D). 1B, 13-16 BBC of Ord Repair driveway apron. Occupational license required for rental property. Sr. Code Officer Webb presented the case and recommended 30 days for compliance. Motion Based on the testimony and evidence presented in Case #05-2480, Mr. Yerzy moved that this board find that Eric S. Davis & Davis L. Ford are in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondents correct the violations on or before May 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 for each day the violations continue past May 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 6-0. Case #06-342 Property Address: Violation( s): Vision Property Investment Inc 171 N.E. 26th Avenue CH15-.ART.IX-15-120 (D) 1INC Property must be kept mowed and free of all loose trash and debris. Sr. Code Officer Webb presented the case and recommended 10 days for compliance. Motion Based on the testimony and evidence presented in Case #06-342, Ms. Simshauser moved that this board find that Vision Property Investment, Inc is in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondent correct the violations on or before April 29, 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 for each day the violations continue past April 29, 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. Yerzy seconded the motion that passed 6-0. Case #06-381 Property Address: Violation(s): John W. Field, Jr. 3320 E. Atlantic Drive 10-2 BBC ofOrd. Property must be kept mowed and free of all trash and debris. Remove trash pile from vacant lot and call Public Works for a special pickup. 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 19, 2006 Sr. Code Inspector Webb presented the case and recommended 10 days for compliance. Motion Based on the testimony and evidence presented in Case #06-381, Ms. Simshauser moved that this board find that John W. Field, Jr. is in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondent correct the violations on or before April 29, 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 29, 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 6-0. Case #06-404 Property Address: Violation( s): Gregory & Rose Johnson 3290 N. Seacrest Boulevard CH 20 SEC. 8 E-16, CH15-ART.IX-15- 120 (D).INC, PT 3-LDR.CH2. SEC 4.E. Remove all loose trash and debris from yard and swale. Place 4 inch house numbers on building visible from the City right-of-way. Remove all unlicensed and inoperable vehicles. Lower or remove pine hedge that is causing visual obstruction. Sr. Code Officer Webb presented the case and recommended 10 days for compliance. Motion Based on the testimony and evidence presented in Case #06-404, Ms. Carroll moved that this board find that Gregory & Rose Johnson are in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondents correct the violations on or before April 29, 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 29, 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 6-0. Case #06-634 Property Address: Violation(s): Marie Dor & Anselot Dieujuste 915 S.W. 3rd St. CH15-ART.IX-15-120 (D) 1 INC. Property must be kept mowed and free of all loose trash and debris. Remove any inoperable and unlicensed vehicles. 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 19, 2006 Sr. Code Officer Webb presented the case and recommended 10 days for compliance. Motion Based on the testimony and evidence presented in Case #06-634, Mr. Yerzy moved that this board find that Marie Dor & Anselot Dieujuste are in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondents correct the violations on or before April 29, 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 29, 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 6-0. Case #06-666 Property Address: Violation(s): Moise Leveille 3080 N. Seacrest Boulevard CH15-ART.IX-15-120 (D) 1INC Property must be kept mowed and free of all trash and debris. Sr. Code Officer Webb presented the case and recommended 10 days for compliance. Motion Based on the testimony and evidence presented in Case #06-666, Ms. Carroll moved that this board find that Moise Leveille is in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondent correct the violations on or before April 29, 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 $75 per day for each day the violations continue past April 29, 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 6-0. Case #06-1607 Property Address: Violation( s): Robert J. Sr. & Betty A. Moran 408 N.E. 20th Avenue CH15-ART.IX-15-120 (D) 1 INC. Sod all bare areas in yard and swale and remove all loose trash and debris. Sr. Code Officer Webb declared this case was being presented for reconsideration. Mr. Blasie commented this case was on the agenda for reconsideration. It was presented to the board with staff being aware that the Respondent had an application in Community Improvement for assistance. Their policy was that once someone submits an application to Community Improvement, Code does not bring the case before the board. Somehow, this one came before the board and ultimately complied, due to the assistance from Community Improvement. But, it came into compliance past the deadline set by the board. Mr. Blasie asked the case be dismissed. 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 19, 2006 Motion Ms. Carroll moved to reconsider the Order made in Case #06-1607. Ms. Simshauser seconded the motion that passed 6-0. Motion Ms. Carroll moved to dismiss Case #06-1607. Mr. Yerzy seconded the motion that passed 6-0. VI. Old Business Sr. Code & Rehab Officer Roy indicated the City recommended certifying the fine at $25 per day in the fa/lowing cases: Case #05-2280, Case #06-110. Case #05-2280 Hayes Clinical Laboratory Inc. 2431 Quantum Boulevard Motion Based on the testimony and evidence presented in Case #05-2280, Ms. Carroll moved that this board find that the Respondent has not complied with this board's Order dated December 21, 2005, and having considered the gravity of the violations and 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 6-0. Case #06-110 Kathleen A. Romeo 303 S. W. 7th Street Motion Based on the testimony and evidence presented in Case #06-110, Ms. Carroll moved that this board find that the Respondent has not complied with this board's Order dated March 15, 2006, and having considered the gravity of the violations and 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 6-0. Sr. Code & Rehab Officer Roy indicated the City recommended certifying the fine at $50 per day in the following cases: Case #06-314, Case #05-2563. Case #06-314 Viola Federhen" 706 N.E. 7th Avenue Motion Based on the testimony and evidence presented in Case #06-314, Ms. Carroll moved that this board find that the Respondent has not complied with this board's Order dated March 15, 2006, and having considered the gravity of the violations and 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. Simshauser seconded the motion that passed 6-0. 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida Case #05-2563 Lee F. Brown April 19, 2006 143 S.E. 27th Place Motion Based on the testimony and evidence presented in Case #05-2563, Ms. Carroll moved that this board find that the Respondent has not complied with this board's Order dated February 15, 2006, and having considered the gravity of the violations and 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. Simshauser seconded the motion that passed 6-0. Sr. Code & Rehab Officer Roy indicated the City recommended certifying the fine at $100 per day in Case #06-193. Case #06-193 Omari Murray 238 S.W. 5th Avenue Motion Based on the testimony and evidence presented in Case #06-193, Mr. Foot moved that this board find that the Respondent has not complied with this board's Order dated March 15, 2006, and having considered the gravity of the violations and the actions taken by the Respondent, that this board impose and certify a fine in the amount of $100 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. Mr. Yerzy seconded the motion that passed 6-0. Sr. Code & Rehab Officer Roy indicated the City recommended certifying the fine at $250 per day in the following cases: Case #05-2739 and Case #06-305. Case #05-2739 Erick D. & Caprice L. Hardnett 1455 S.W. 25th Ave. B Motion Based on the testimony and evidence presented in Case #05-2739, Ms. Carroll moved that this board find that the Respondents have not complied with this board's Order dated February 15, 2006, and having considered the gravity of the violations and the actions taken by the Respondents, 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 Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. Yerzy seconded the motion that passed 6-0. Case #06-305 Boynton Townhomes LLC 3480 N. Old Dixie Hwy. Motion Based on the testimony and evidence presented in Case #06-305, Ms. Carroll moved that this board find that the Respondent has not complied with this board's Order dated March 15, 2006, and having considered the gravity of the violations and 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 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 19, 2006 judgment is entered based upon this certification of fine. Mr. Yerzy seconded the motion that passed 6-0. Sr. Code & Rehab Officer Roy declared the following cases had complied and the City recommended "No Fine." Case #03-2152, Case #06-191, Case #05-2687. Case #03-2152 Premier Gateway Center at Quantum 2051 High Ridge Road Motion Based on the testimony and evidence presented in Case #03-2152, Mr. Foot moved that this board find that the Respondent has not complied with this board's Order dated October 15, 2003, and having considered the gravity of the violations and the actions taken by the Respondent, that this board impose and certify "No Fine", including administrative costs. Mr. Yerzy seconded the motion that passed 6-0. Case #06-191 Omari Murray 340 S.W. 10th Avenue Motion Based on the testimony and evidence presented in Case #06-191, Mr. Foot moved that this board find that the Respondent has not complied with this board's Order dated March 15, 2006, and having considered the gravity of the violations and the actions taken by the Respondent, that this board impose and certify "No Fine", including administrative costs. Mr. Yerzy seconded the motion that passed 6-0. Case #05-2687 Florida 4C Properties LLC 2508 N. Federal Hwy. Motion Based on the testimony and evidence presented in Case #05-2687, Mr. Foot moved that this board find that the Respondent has not complied with this board's Order dated February 15, 2006, and having considered the gravity of the violations and the actions taken by the Respondent, that this board impose and certify "No Fine", including administrative costs. Mr. Yerzy seconded the motion that passed 6-0. Sr. Code & Rehab Officer Roy indicated the following cases should be tabled until May 17, 2006: Case #05-526, Case #05-2653, Case #05-2115, Case #06-99, Case #05-2506. Case #05-526 G. & Emily H. Caliendo 916 S.E. 1st Street Motion Mr. Foot moved to table Case #05-526 until May 17, 2006. Ms. Carroll seconded the motion that passed 6-0. 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 19, 2006 judgment is entered based upon this certification of fine. Mr. Yerzy seconded the motion that passed 6-0. Sr. Code & Rehab Officer Roy declared the following cases had complied and the City recommended ''No Fine." Case #03-2152, Case #06-191, Case #05-2687. Case #03-2152 Premier Gateway Center at Quantum 2051 High Ridge Road Motion Based on the testimony and evidence presented in Case #03-2152, Mr. Foot moved that this board find that the Respondent has !let: complied with this board's Order dated October 15, 2003, and having considered the gravity of the violations and the actions taken by the Respondent, that this board impose and certify "No Fine", including administrative costs. Mr. Yerzy seconded the motion that passed 6-0. Case #06-191 Omari Murray 3405.W. 10th Avenue Motion Based on the testimony and evidence presented in Case #06-191, Mr. Foot moved that this board find that the Respondent has !let: complied with this board's Order dated March 15, 2006, and having considered the gravity of the violations and the actions taken by the Respondent, that this board impose and certify "No Fine", including administrative costs. Mr. Yerzy seconded the motion that passed 6-0. Case #05-2687 Florida 4C Properties LLC 2508 N. Federal Hwy. Motion Based on the testimony and evidence presented in Case #05-2687, Mr. Foot moved that this board find that the Respondent has !let: complied with this board's Order dated February 15, 2006, and having considered the gravity of the violations and the actions taken by the Respondent, that this board impose and certify "No Fine", including administrative costs. Mr. Yerzy seconded the motion that passed 6-0. Sr. Code & Rehab Officer Roy indicated the following cases should be tabled until May 17, 2006: Case #05-526, Case #05-2653, Case #05-2115, Case #06-99, Case #05-2506. Case #05-526 G. &. Emily H. Caliendo 916 S.E. 1st Street Motion Mr. Foot moved to table Case #05-526 until May 17, 2006. Ms. Carroll seconded the motion that passed 6-0. 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 19, 2006 Case #05-2653 Pita General Corporation 3005 S. Congress Avenue Motion Mr. Foot moved to table Case #05-2653 until May 17, 2006. Ms. Carroll seconded the motion that passed 6-0. Case #05-2115 Thomas A. Thomas Jr. Tr. 1399 S.W. 30th Avenue Motion Mr. Foot moved to table Case #05-2115 until May 17, 2006. Ms. Carroll seconded the motion that passed 6-0. Case #06-99 Ernestine Waters 160 N.E. 19th Avenue Motion Mr. Foot moved to table Case #06-99 until May 17, 2006. Ms. Carroll seconded the motion that passed 6-0. Case #05-2506 Victor L. Cook 654 W. Ocean Avenue Motion Mr. Foot moved to table Case #05-2506 until May 17, 2006. Ms. Carroll seconded the motion that passed 6-0. Sr. Code & Rehab Officer Roy indicated the following case should be tabled until January 17, 2007: Case #04-731. Case #04-731 Thirty-Six Hundred Holdings LLC 3629 S. Federal Highway Motion Ms. Carroll moved to table Case #04-731 until January 17, 2007. Mr. Yerzy seconded the motion that passed 6-0. Sr. Code & Rehab Officer Roy indicated the certification of fine in Case #06-110 should be reconsidered and tabled to June 21, 2006. Case #06-110 Kathleen A. Romeo 303 S. W. 7th Street Motion Ms. Carroll moved to reconsider the board's Order in Case #06-110. Ms. Simshauser seconded the motion that passed 6-0. Motion Ms. Simshauser moved to table Case #06-110 until June 21, 2006. Ms. Carroll seconded the motion that passed 6-0. 28 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 19, 2006 IX. Discussion Chair Costantino asked Mr. Blasie how many lien reductions were scheduled for April 27, 2006. Mr. Blasie responded there was one with two or three pending. A discussion ensued about having the lien reduction meetings in the evening. Mr. Foot raised the question at the last meeting, saying he thought the participation would be better in the evening. Not all board members are retired and it breaks into the workday of those who are working. Also, having it at night might make it easier for the Respondents to attend in the evening. Mr. DeLiso wanted to see the regular meeting moved from 7:00 p.m. to 5:30 p.m. Mr. Foot commented Ms. Cook mentioned she did not like having to go home at night and found it easier in the afternoon. Chair Costantino and Ms. Cook did not want to have the sexual offender cases held during the evening hours for the safety of the women on the board. Ms. Simshauser had a problem with the Wednesday night meeting going so late. She did not have a problem with the lien reductions being in the afternoon, but if they were coming in to hear one case for fifteen minutes, she did not see the pOint of having a meeting at all. She proposed moving some of the business from Wednesday night to Thursday afternoon to equalize the meeting so the board members did not have to stay until 9:30 p.m. or 10:30 p.m. at night. Ms. Simshauser said the regular Wednesday meeting could be moved up an hour or an hour and a half also. She later reconsidered this. Chair Costantino asked if anyone had any objection to moving the regular Wednesday meeting up to 6:00 p.m. Mr. Foot was very much against this. He said this affected the family responsibilities of the members and those of the Respondents. He did not think the board should dictate a time that would interfere with normal family gatherings for the dinner hour. Mr. Foot wanted to be at home with his family at dinner. Chair Costantino agreed with Mr. Foot. She liked having a little break before having to be at the Wednesday meeting at 7 p.m. Mr. Yerzy asked whether some of the agenda could be moved from Wednesday night to Thursday afternoon, including the lien penalty certifications. Chair Costantino said the problem was they could not predict in advance how many cases would be involved. This would also affect the date certain times for compliance. To move it another week, more days would be added to the cases, for good or ill. Chair Costantino expressed the belief one of the problems had been that a lot of people had shown up and wanted to be heard. The board could not simply limit the speakers to three minutes, due to the board's quasi-judicial nature. Motion Mr. DeLiso moved to change the start of the Wednesday night meeting from 7:00 p.m. to 6:00 p.m. Ms. Simshauser seconded the motion. The motion failed 1-5, Ms. Simshauser, Mr. Foot, Mr. Yerzy, Ms. Carroll and Chair Costantino dissenting. 29 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 19, 2006 X. Adjournment It was moved and seconded that the meeting be adjourned. The motion was adopted and the meeting was adjourned at 9:22 p.m. Respectfully submitted ~~~~ Recorded by Catherine Cherry-Guberman Transcribed by Susan Collins Recording Secretary (092106) 30