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Minutes 02-15-06 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, FEBRUARY 15,2006,7:00 P.M. IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Kathy Cook, Vice Chair Kathleen Carroll Chris DeLiso Robert Foot Lisa Simshauser Richard Yerzy Jamila Alexander, Assistant City Attorney Scott Blasie, Code Administrator Code Officers: Willie Webb Courtney Cain Luney Guillaume Skip Lewis Mike Melillo Vestiguerne Pierre Pete Roy I. Call to Order Chair Costantino called the meeting to order at 7:00 P.M. II. Approval of Minutes Chair Costantino bypassed approval of the minutes and announced they will be approved at the Code Lien Reduction Meeting on February 23, 2006. III. Approval of Agenda Sr. Code Officer Webb announced there is a reconsideration of a case and cases that were tabled and will be tabled again. Page 1, Reconsideration of Case 05-2070. The City recommended allowing six months. Chair Costantino asked if there would be any observations. During the six month time period. Code Administrator Blasie explained Sr. Code Officer Mike Melillo spoke with the Army Corp. of Engineers and they now have a procedure in place that they can turn dock permits around in two months or less. This case has already submitted for permits with the South Florida Water Management District and the City. Sr. Code Officer Melillo put the Respondent in touch with the Army Corp of Engineers. Mr. Blasie explained there are other cases on the agenda that deal with docks and felt that six months would adequately cover these cases. Mr. Foot requested clarification. He explained reconsidered means previously considered. It was explained at the last meeting a motion was made to reconsider and bring it back. This needed to be done before they notified the respondent for this meeting. There was discussion the case was brought up for reconsideration because Chair Costantino felt two years without some type of progress report was too long a time. Mr. Foot elaborated the City had indicated they would like to see this matter reconsidered. Meeting Minutes Code Compliance Meeting Boynton Beach, FL February 15, 2006 Mr. Blasie eXplained the Army Corp of Engineers has developed a new protocol for issuing basic dock permits, which encompass the type of dock related to this case. Mr. Deli so expressed concern that there was another case in Las Palmas that took two and one half years to obtain the permit for his dock. He was aware of three other individuals that it has been over a year and are still waiting for the Army Corp of Engineers to look at the dock. Mr. DeLi so explained this gentleman did not build a dock, rather he just added pilings on the existing dock, which was no different than other individuals did. Mr. DeLiso further added it is not necessarily fair when it will take two or three months to issue a permit, when there are others who are waiting over a year for the Army Corp of Engineers to issue a permit. Mr. Blasie explained Mr. Vickery, who waited a year or two for his dock permit had extenuating circumstances. There was a question about the easement, and he also built an entirely new dock that was substantial. The policy that the Army Corp of Engineers is instituting now is addressing new applications. Applications already in the process are not being pulled and expedited. Sr. Code Officer Melillo reviewed he spoke with the Army Corp of Engineers on February 10, 2006 and contacted Leah Oberlin, who indicated they developed the new criteria to address the backlog. One of the main criteria is the structure would have to be a single dock with no more than two slips. In the instant case, this applicant produced documentation from the South Florida Water Management District showing he replaced two new pilings associated with the previous existing authorized dock. This applicant also produced a receipt on February 14, 2006 showing permit fees were paid. There were concerns because this particular individual had been before the Board on two other occasions and subsequently has liens on two other properties; both for not having applicable permits. Motion Mr. Foot moved to table Case # 05-2070 to August 16,2006. Ms. Cook seconded the motion. The Secretary called the roll. Motion passed 5-2 with Mr. DeLi so and Ms. Carroll dissenting. Sr. Code Officer Webb declared page 6, Case # 05-1959, would be tabledfor 60 days, (April 19, 2006.) Motion Ms. Cook moved to table Case # 05-1959 to April 19, 2006. Mr. Yerzy seconded the motion that passed 7 -0. Sr. Code Officer Webb declared page 2, Case # 03-2123 would be tabled for four months until June 21, 2006. Motion Ms. Cook moved to table Case # 03-2123 until the Code Compliance Board Meeting to be held on June 21,2006. Mr. Foot seconded the motion that passed 7-0. Sr. Code Officer Webb declared the following cases would be tabledfor six months, (August 16,2006) as follows: Page 7, Case # 04-2664 Motion Mr. Foot moved to table Case #04-2664 to August 16, 2006. Ms. Cook seconded the motion that passed 7-0. Page 8, Case #04-2665 2 Meeting Minutes Code Compliance Meeting Boynton Beach, FL February 15, 2006 Motion Mr. Foot moved to table Case #04-2665 to August 16, 2006. Ms. Cook seconded the motion that passed 7-0. Page 9, Case #04-2666 Motion Mr. Foot moved to table Case #04-2666 to August 16, 2006. Ms. Cook seconded the motion that passed 7-0. Page 10, Case #04-2667 Motion Mr. Foot moved to table Case #04-2667 to August 16, 2006. Ms. Cook seconded the motion that passed 7-0. Page 11, Case #04-2668 Motion Mr. Foot moved to table Case #04-2668 to August 16, 2006. Ms. Cook seconded the motion that passed 7-0. Page 12, Case #04-2669 Motion Mr. Foot moved to table Case #04-2669 to August 16, 2006. Ms. Cook seconded the motion that passed 7-0. Page 13, Case #04-2670 Motion Mr. Foot moved to table Case #04-2670 to August 16, 2006. Ms. Cook seconded the motion that passed 7-0. Page 14, Case #04-2671 Motion Mr. Foot moved to table Case #04-2671 to August 16, 2006. Ms. Cook seconded the motion that passed 7-0. Page 15, Case #04-2672 Motion Mr. Foot moved to table Case #04-2672 to August 16, 2006. Ms. Cook seconded the motion that passed 7-0. Page 16, Case #04-2673 3 Meeting Minutes Code Compliance Meeting Boynton Beach, FL February 15, 2006 Motion Mr. Foot moved to table Case #04-2673 to August 16, 2006. Ms. Cook seconded the motion that passed 7-0. Page 17, Case #04-2674 Motion Mr. Foot moved to table Case #04-2674 to August 16, 2006. Ms. Cook seconded the motion that passed 7-0. Sr. Code Officer Webb declared the following. Page 3, Case #05-1713 has been removed. Page 4, Case # 05-1715 has been removed. Page 5, Case # 05-1675 has complied. Page 20, Case # 05-2751 has complied. Page 22, Case # 05-2762 has been removed. Page 24, Case #05-2768 has been removed. Page 27, Case # 05-2314 has been removed. Page 31, Case # 05-2778 has complied. Page 39, Case # 05-2699 has been removed. Motion Mr. Foot moved to approve the agenda as amended. Ms. Cook seconded the motion that passed 7-0. IV. Swearing in of Witnesses and Introduction Attorney Alexander explained the hearing procedures and administered the oath to all persons that would be testifying. Sr. Code Officer Webb listed the cases and determined who was present. There were no objections from the Board to hear the Lien Penalty Certification Case #05-2653 first, as a courtesy to counsel for the Respondent. Case #05-2653 Pita General Corp. 3005 South Congress Avenue Sr. Code Officer Rich Lavendure reviewed the Case. The date of violation was November 29, 2005, Chapter 15, Art.IX. 15. 1.20(D) IINC, pertaining to trash and debris. The case was heard on January 18, 4 Meeting Minutes Code Compliance Meeting Boynton Beach, FL February 15, 2006 2006 with no appearance by the Respondent. The compliance date and fine set by the Board was January 28,2006 or $200 per day. The violation still exists. Fred Matlin, Esq., 750 S. Dixie Hwy, Boca Raton, Florida representing the owner, operator and leasees of Pita General Corporation, west facility, otherwise known as a senior care management. Mr. Matlin explained the facility was operating under licenses for the care and health of aged and infirmed persons. He introduced a colleague, Andrew Wyman, Esq and Peter Lard, Gobble Hayes, Chief Engineer for the project. Mr. Matlin explained the problem arose from Hurricanes Frances and Jeanne which destroyed the facility back in 2004. The facility was insured by a company named Stonington. Stonington and his client entered into negotiations in an attempt to obtain insurance proceeds to completely fix or demolish the facility. Those negotiations and the status of the facility resulted in no payment or agreement between the parties regarding fixing, renovating or demolishing the facility and constructing a new facility. The Respondent was requested to file suit, which they did in early December 2005. He provided a copy of the complaint to the Board. On Friday, February 3, 2006, they met Salvatore Belloise who red tagged the project. They had requested the City of Boynton inspect the project, which was deemed unsafe. At that time, they became aware of the Code Violations posted on the property. The companies related to the lawsuit are based in Indianapolis and had not received notice, but they became aware by their physical presence on the premises. They contacted the City to correct the problems. Mr. Matlin explained the intent is to demolish the structures as quickly as possible. Due to the pending litigation, counsel for Stonington has requested a 30 day window within which he can get his experts to inspect the building. Mr. Matlin reported there is mold, rot and unsafe conditions, and wiring problems. It is their intent to demolish the premises, and to cure the violations. He requested the Board note they did not drag their feet or intend to drag their feet. Mr. Matlin further detailed the structure suffered additional damage to the exterior, and landscaping from Hurricane Wilma. The property was gated up. He feels it is an eyesore and would like it removed and are working toward that end. Mr. Matlin emphasized there is a 30 day window and they would commence demolition on day 31. Mr. Matlin requested consideration and leniency from the Board, and explained they should have received the notice of violation but did not. Code Officer Webb had photographs for the Board to review. There was discussion on whether to table the case or certify the lien. Attorney Alexander noted the fine will still accrue either way. Mr. Matlin requested the Lien not be certified. He acknowledged the fine would still continue, however if the fine is certified, then the property would have a lien and that would be another legal matter to contend with. Mr. Matlin explained when the problems are eliminated, they can take the matter up. There was discussion on tabling the matter and whether 60 days would be sufficient time. The property is gated and secure and it was noted the violation is not the structure but rather the trash and hurricane debris. Motion Ms. Carroll moved that Case # 05-2653 be tabled until April 19, 2006. Ms. Simshauser seconded the motion that passed 7-0. Mr. Matlin announced if the demolition occurs and the problems corrected during the 60 days, they will attend the April 19, 2006 Code Compliance meeting and advise the Board of such. It was explained he should notify Mr. Laverdure. Case #05-2747 Frazier Donald & Sarah 411 NE 26th Avenue 5 Meeting Minutes Code Compliance Meeting Boynton Beach, FL February 15, 2006 Code Compliance Administrator Blasie presented Case # 05-2747 and explained the Code Enforcement Office has recently been delegated the responsibility to collect the False Alarm Fines for the City of Boynton Beach. Code Compliance Administrator Blasie indicated he has spoken to the Respondent, Mr. Frazier and recommended this case be tabled and brought back next month. Motion Ms. Simshauser moved to table Case #05-2747 to March 15,2006. Ms. Carroll seconded the motion that passed 7-0. Case #05-2502 Property Address: Violation(s) Victor Cook 653 SW 1st Court CHI5-ART.IX-15-120(D).INC FBC '01 ED BBA 104.1.1 AppearancelMaintenance, remove vehicle from rear yard. Permits required for Shed in the rear yard, Occupational license is required for Rental Property Senior Code Officer Lewis reviewed the Case and indicated the initial inspection date was November 14, 2005. Thirty days for compliance was given. Victor Lee Cook, residing at 654 West Ocean Avenue was present and pled no contest. He explained the vehicles have been removed. Mr. Cook addressed the permit for the shed and indicated he is meeting with a contractor tomorrow to pour a drive way and a slab for the shed. Mr. Cook indicated the occupational license for rental property would not apply. He clarified his son is living on the premises and is not being charged rent. Senior Code Officer Lewis explained the Respondent would need to sign an affadavit affirming this. He noted there are six sheds on the property, which could be removed, and the Respondent would need to apply for the permits and then come back. Senior Code Officer Lewis distributed photographs for the Board's review. Mr. Cook agreed to the procedure and indicated he is using the shed for storage of personal property only. Senior Code Officer Lewis emphasized if a permit for the sheds is not obtained, the sheds will have to be removed. Ms. Cook indicated for the record she is of no relation to the Respondent. Motion Based on the Testimony and evidence presented in Case # 05-2502, Ms. Cook moved that this Board find that Victor Cook is in violation of the City of Boynton Beach Code Section as cited, and move to order that the Respondent correct the violation on or before March 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 $50 per day for each day the violation continues past March 17, 2006, plus Administrative Costs shall be imposed. The respondent is hereby 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 unanimously passed. 6 Meeting Minutes Code Compliance Meeting Boynton Beach, FL February 15, 2006 Case # 05-2506 Property Location: Violations: Victor Cook 654 SW 1st Court CHI5-ART.IX-15-120(D).INC CHIS-ART .IX-15-120(B).1 FBC '01 ED BBA 104.1.1 Remove blocks and stones from front yard, repair swale out front and a permit is required for the canopy in the rear yard. Senior Code Officer Lewis presented the case and reviewed the violations to removed blocks and stones from the front yard, repair swale and a permit is required for the canopy. The City recommended 30 days for compliance. Victor Lee Cook, residing at 654 West Ocean Avenue was present and pled no contest. He reported the blocks and stones have been removed. He indicated he was unsure what was meant to repair the swale and deferred his response. Mr. Cook agreed to discuss the measures he needed to take to repair the swale with Senior Code Officer Courtney Cain. Motion Based on the Testimony and evidence presented in Case # 05-2506, Ms. Carroll moved that this Board find that Victor Cook is in violation of the City of Boynton Beach Code Section as cited, and move to order that the Respondent correct the violation on or before March 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 March 17, 2006, plus Administrative Costs shall be imposed. The Respondent is hereby 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. There was discussion pertaining to keeping the fine consistent with the previous case at $50 as opposed to $25. Mr. Cook agreed to comply as soon as possible. There were no amendments to the motion. A vote was taken and the motion passed 6-1 with Mr. Foot dissenting. Fine Certification Case # 05-2537 Omari Murray 211 SE 4th Avenue Senior Code Officer Lewis presented the case and reviewed the violations. The matter was heard on December 21, 2005 and compliance date and fine set by the Board was January 20, 2006 at $50 per day the violation exists. There were 25 days of non-compliance. Mr. Murray received a permit on January 13,2006 but there has been no inspection. The City recommends certifying the fine. Omari Murray, residing at 201 SW 11th Avenue, was present and explained he originally received the letter noting the violations and elaborated the damage was the result of the hurricanes and they decided to secure the property by repairing the property right away. He.asked the Board for some time to take care of the violations and the obtained permits for the roof. He commented the interior has been completely repaired. The occupational license cannot be obtained until the inspection has been completed and 7 Meeting Minutes Code Compliance Meeting Boynton Beach, FL February 15, 2006 passed. Mr. Murray said he is on a waiting list for concrete tiles for the roof and the clean up pertains not just to the debris. He produced receipts from the City of Boynton Beach showing five 100 yard containers that have been filled, removed and re-filled with debris for the property. He explained he cannot put sod down until there is a sprinkler system. He spoke with a landscaping contractor regarding the sod, but the terrain is not level. A contractor will use a Bobcat to level the property and apply for a permit for the sprinkler system. There is a tenant living on the other side of the property which had been completely repaired. They need to finish cleaning up and put sod down. Senior Code Officer Lewis responded the property was inspected before the hurricane and occurred due to a complaint from the Police Department. The roof had tar paper with a few tin tags, water had leaked into the home and the home was caved in. Senior Code Officer Lewis explained he was unable to cite the property because with the hurricane, Code Enforcement was not in operation for seven days after the hurricane. The property had been rented for quite some time. He explained there was no change on the property and he was referring to the one unit on the side. There is a couple there with a small child on the premises. He indicated the Respondent made no effort to clean up the premises. The Respondent never made application for an occupational license and was cited for two other properties. Mr. Murray emphasized he was waiting for a landscaper to level the property. It was noted the dwelling is a duplex. Motion Based on the testimony and evidence presented in Case # 05-2537, Ms. Cook moved that this Board find that the Respondent has not complied with this Board's Order dated January 20, 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 Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Foot seconded the motion that passed unanimously. Case # 05-2501 Renel & Rosemarie Eloi 166 W. Ocean Drive The Respondent Renel Eloi was present and put under oath. Senior Code Officer Lewis reviewed the case and recommended no fine; the case has complied. Motion Ms. Carroll moved there be no fine for Case # 05-2501 based on the Respondents compliance. Ms. Simshauser seconded the motion that passed 7-0. Cases to be Heard Case # 05-2739 Property Location: Violations: Erick D and Caprice L. Hardnett 1455 SW 25th Ave. B Chapter 2.5 INC. Excessive False Alarms Code Compliance Administrator Blasie eXplained the following cases were false alarms and asked the Board to render a motion similar to the one issued in Case #04-2397. Some of the cases are old and he has not heard from any of the Respondents. He explained under the Code, the Chief of Police or the Chief of the Fire Department has the ability to meet with violators and based upon circumstance can 8 Meeting Minutes Code Compliance Meeting Boynton Beach, FL February 15, 2006 modify the amount of the false alarm fines. There are a variety of issues that can occur and he explained he preferred to review the matters on a case by case basis. He thought 30 days to establish contact would be sufficient. He explained half of the individuals on the list have come in and paid their fines. It was noted the Police Department, individually, cannot impose a lien, The matter would come before the Code Enforcement Board to have the lien imposed. Code Compliance Administrator Blasie explained the fine is per occasion. There are three free false alarms per year, after that fines go up incrementally after that. Most of these fines have not accrued large amounts. Code Compliance Administrator requested the Board use the March 17, 2006 compliance date and a fine of $250 per day, plus Administrative Costs. Mr. DeLi so left the meeting at 8:02pm. Motion Based on testimony and Evidence presented in Case # 05-2739, Ms. Carroll moved that this Board find that Erick D and Caprice L. Hardnett are in violation of the City of Boynton Beach Code Chapter 2.5, Inclusive, and moved to order that the Respondents correct the violation on or before March 17, 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 the Order, a fine in the amount of $250 per day plus Administrative Costs shall be imposed for each day the violation continues past March 17, 2006. 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 # 05-2756 Property Location: Violations: Rodney L. and Rhonda L. Patrick 165 SE 26th Avenue Chapter 2.5 INC. Excessive False Alarms Motion Based on testimony and Evidence presented in Case # 05-2756, Mr. Yerzy moved that this Board find that Rodney L. and Rhonda L. Patrick are in violation of the City of Boynton Beach Code Chapter 2.5, Inclusive, and moved to order that the Respondents correct the violation on or before March 17, 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 the Order, a fine in the amount of $250 per day plus Administrative Costs shall be imposed for each day the violation continues past March 17, 2006. 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 # 05-2765 Property Location: Violations: Michael A., & Kimberly Tolliver 3200 N. Seacrest Blvd. Chapter 2.5 INC. Excessive False Alarms 9 Meeting Minutes Code Compliance Meeting Boynton Beach, FL February 15, 2006 Motion Based on testimony and Evidence presented in Case # 05-2756, Mr. Yerzy moved that this Board find that Michael A & Kimberly Tolliver are in violation of the City of Boynton Beach Code Chapter 2.5, Inclusive, and moved to order that the Respondents correct the violation on or before March 17, 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 the Order, a fine in the amount of $250 per day plus Administrative Costs shall be imposed for each day the violation continues past March 17,2006. 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 # 05-2770 Property Location: Violations: Office Depot & Rose Picker Tr. 248 N. Congress Ave. Chapter 2.5 INC. Excessive False Alarms Code Compliance Administrator Blasie explained this case had two violators. Office Depot, the tenant and the property Owner, Rose Picker Tr. Motion Based on testimony and Evidence presented in Case # 05-2770, Mr. Yerzy moved that this Board find that Office Depot & Rose Picker Tr. are in violation of the City of Boynton Beach Code Chapter 2.5, Inclusive, and moved to order that the Respondents correct the violation on or before March 17, 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 the Order, a fine in the amount of $250 per day plus Administrative Costs shall be imposed for each day the violation continues past March 17, 2006. 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. There was discussion on the concept of two tenants and one motion, or to use separate motions. Code Compliance Administrator Blasie explained this matter is the same as an occupational license, which is against the owner and a tenant as a rule. He thought one motion has been the standard. Attorney Alexander concurred this was acceptable. Case # 05-1948 Property Location: Violations: Daniel J. and Robyn J. Shepherd 3000 High Ridge Road PT3-LDR. Chapter 4 Sec.ll Site Plan Maintenance is required Senior Code Officer Lewis reviewed the case and recommended 45 days to comply. Motion Based on the Testimony and evidence presented in Case #05-1948 , Ms. Carroll moved that this Board find that Daniel J and Robyn J. Shepherd, 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 April 1, 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 10 Meeting Minutes Code Compliance Meeting Boynton Beach, FL February 15, 2006 fine in the amount of $ 25 per day for each day the violation continues past April 1, 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 # 05-2600 Property Location: Violations: Maudira and Zelima Delhomme 815 NW 6th Avenue 424.2.17.1.1 thru 10 Secure swimming pool, pool barriers are down. Senior Code Officer Lewis presented the case and recommended 10 days for compliance. Motion Based on the Testimony and evidence presented in Case #05-2600, Ms. Carroll moved that this Board find that Maudira and Zelima Delhomme 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 25 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 25, 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 # 06-35 Property Location: Violations: Menorah Realty Ltd. 2100 Corporate Drive 13-16.B.B.C ofORD Occupational license operate business required Senior Code Officer Laverdure presented the case as above and recommended 10 days for compliance. Motion Based on the Testimony and evidence presented in Case #06-35, Ms. Cook moved that this Board find that Menorah Realty Ltd 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 25, 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 $250 per day for each day the violation continues past February 25, 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 # 06-78 Property Location: Violations: Rubio FortunatoNeronica Pantoja 859 NW 8th Ave. 13-16.B.B.C. ofORD 10-2 B.B.C of ORD. 424.2.17.1.1 thru 10 11 Meeting Minutes Code Compliance Meeting Boynton Beach, FL February 15, 2006 Pool is unsecured, required to have an occupational license to rent house. De-Weed yard and remove all trash and debris. Install sod in yard. Senior Code Officer Laverdure presented the case as above and recommended 10 days for compliance for the pool and 30 days for the rest of the property. The Board addressed the violation with two motions. Motion Based on the Testimony and evidence presented in Case #06-78, Ms. Carroll moved that this Board find that Rubio FortunatoNeronica Pantoja 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 25 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 $100 per day for each day the violation continues past February 25, 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. Motion Based on the Testimony and evidence presented in Case #06-78, Ms. Carroll moved that this Board find that Rubio FortunatoN eronica Pantoja 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 17,2006. 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 March 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. Simshauser seconded the motion that passed 6-0. Case #065-2863 Property Location: Violations: Sausalito PI. Homeowners Assn 200 Sausalito Circle CHIS-ART .IX-15-120(D) 1. IN C Common area on south side of entrance on Lawrence Rd., clean up common area. Boarding fence on south entrance of Lawrence Rd., Dead trees, Overgrowth, brush, etc. Senior Code Officer Rich Laverdure presented the Case and recommended 10 days for compliance. Motion Based on the Testimony and evidence presented in Case #056-2863. Carroll moved that this Board find that Sausalito PI. Homeowners Association 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 MaFeR 25-1-+, 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 $200 per day for each day the violation continues past March 17, 2006, plus Administrative Costs shall be imposed. The Respondents are further ordered to contact the City of 12 Meeting Minutes Code Compliance Meeting Boynton Beach, FL February 15, 2006 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 #06-0010 Property Location: Violations: Edwards Cederick & Katherine 1521 NE 4th St. BBA FBC '05 105.1.1 13-16 B.B.C ofORD Remove non-permitted structure from the back yard. Occupational License has not been renewed Senior Code Officer Lewis reviewed the case and recommended thirty days for compliance and a fine of $50 per day. Motion Based on the Testimony and evidence presented in Case #06-0010. Ms. Carroll moved that this Board find that Cederick & Katherine Edwards 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 17, 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 March 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. Mr, Foot seconded the motion that passed 6-0. Case #05-2730 Property Location: Violations: Gainer A & Mae H 343 NE 13th Ave. CHI5-ART.IX-15-120 (D).INC Remove all loose trash and mow yard remove dead tree limbs. Remove blue tarp and replace it. Install 4 inch numbers on house. Senior Code Officer Melillo reviewed the case as above and recommended 10 days. Motion Based on the Testimony and evidence presented in Case #05-2730. Ms. Simshauser moved that this Board find that A. and Mae H. Gainer 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 25,2006. 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 25, 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 #05-2852 Matos Rafael A. 13 Meeting Minutes Code Compliance Meeting Boynton Beach, FL February 15, 2006 Property Location: Violations: 220 NW 1st Ave. CHI5-ART.IX-15-120 (D).INC PT3-LDR.CH2. SEC.4.N. PT3.LDR.CH2. SEC.5.D.1. Remove illegal triplex. Install grass in swale and remove all unregistered and inoperable vehicles. Repair your driveways and aprons. Senior Code Officer Melillo and reviewed the case as above and recommended 10 days. Motion Based on the Testimony and evidence presented in Case #05-2852, Ms. Cook moved that this Board find that Rafael Matos 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 25, 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 $250 per day for each day the violation continues past February 25, 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 #05-2563 Property Location: Violations: Brown F. Lee 143 SE 27th Place FBC '01 ED BBA 104.1.1 BBA FBC '01104.7.5 A permit is required for rebuilding your carport. Work commenced before permit issued. Senior Code Officer Pierre presented the case as above and recommended 30 days for compliance. Motion Based on the Testimony and evidence presented in Case #05-2563. Ms. Carroll moved that this Board find that F. Lee Brown 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 17,2006. 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 March 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. Simshauser seconded the motion that passed 6-0. Case #06-23 Property Location: Violations: Brandom Jerry and Melody A 112 NW 10th Ave. CHI5-ART.IX-15-120 (D).INC 10-2 B.B.C. ofORD 14 Meeting Minutes Code Compliance Meeting Boynton Beach, FL February 15, 2006 Remove all trash and debris and maintain property in a sanitary condition. Use trash cans and remove after pickup to an out of sight location. Senior Code Officer Roy reviewed the case as above and recommended 10 days for compliance be given. Motion Based on the Testimony and evidence presented in Case #06-23. Ms. Carroll moved that this Board find that Jerry and Melody A. Brandom 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 25, 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 25, 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 #06-46 Property Location: Violations: Rivers Lue Gennie 515 NW 11th Ave. CHI5-ART.IX-15-120 (D).1.INC Remove trash and debris from property Senior Code Officer Pete Roy presented the case as above and recommended 10 days for compliance Motion Based on the Testimony and evidence presented in Case #06-46. Ms. Carroll moved that this Board find that Lue Gennie Rivers 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 25, 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 25, 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 #05-1985 Property Location: Violations: Virgil John and Patricia 2880 NE 4th Street CHI5-ART.IX-15-120 (D).INC Remove trash and repair fences. Sod all areas void of grass. Senior Code Officer Webb reviewed the case as above and recommended 60 days. Motion Based on the Testimony and evidence presented in Case #05-1985. Ms. Carroll moved that this Board find that John and Patricia Virgil are in violation of City of Boynton Beach Code Sections as cited, and 15 Meeting Minutes Code Compliance Meeting Boynton Beach, FL February 15, 2006 move to order that the Respondents correct the violation on or before AprilMarelt 16, 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 $25 per day for each day the violation continues past April MareIt 16, 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 #05-2370 Property Location: Violations: Cauley Brian & Suzanne 3375 Ocean Parkway CH15-ART.IX-15-120 (D).1.INC 13-16 B.B.C ofORD Property must be mowed. Remove trash and debris. An occupational license is required for rental property. Sr. Code Officer Webb reviewed the case as above and recommended 10 days for compliance. Motion Based on the Testimony and evidence presented in Case #05-2370. Ms. Carroll moved that this Board find that Brian & Suzanne Cauley 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 25,2006. 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 25, 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 #05-2540 Property Location: Violations: Milon Michelet & Lubin 3207 E. Palm Dr. CHI5-ART.IX-15-120 (D).INC Chapter 20 SEC.8 E-16 PT3-LDR.CH2. SEC. B6.B.6. Remove trash and debris. Storage of referigerator with doors still attached is not allowed. 4" house numbers required to be visible from right of way. Senior Code Officer Webb reviewed the case as above and recommended 10 days for compliance. Motion Based on the Testimony and evidence presented in Case #05-2540. Ms. Cook moved that this Board find that Michelet & Lubin Milon 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 25, 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 $25 per day for each day the violation continues past February 25, 2006, plus Administrative 16 Meeting Minutes Code Compliance Meeting Boynton Beach, FL February 15, 2006 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 veritY compliance with this Order. Ms. Carroll seconded the motion that passed 6-0. It was noted the refrigerator has been removed. Case #05-2687 Property Location: Violations: Florida 4C Property 2508 N. Federal Hwy 10-2 B.B.C. ofORD. Property must be mowed. Remove trash and debris. Senior Code Officer Webb reviewed the case above and recommended 20 days for compliance. Motion Based on the Testimony and evidence presented in Case #05-2687. Ms. Carroll moved that this Board find Florida 4C Property is 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 7, 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 $100 per day for each day the violation continues past March 7, 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 #05-2714 Property Location: Violations: Agosto Rafael 3360 E. Atlantic Dr. CHI5-ART.IX-15-120 (D).IA Chapter 20 SEC.8 E-16 13-16 B.B.C ofORD Renew occupational license and remove unlicensed and inoperable vehicle from property. Place 4" house numbers on building visible from right-of-way. Senior Code Officer Webb reviewed the case as above and recommended 10 days for compliance. Motion Based on the Testimony and evidence presented in Case #05-2714. Ms. Simshauser moved that this Board find Rafael Agosto is 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 25, 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 25, 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 veritY compliance with this Order. Ms. Carroll seconded the motion that passed 6-0. 17 Meeting Minutes Code Compliance Meeting Boynton Beach, FL February 15, 2006 Case #06-0015 Property Location: Violations: Cypress Development Corp. 154 S. Palm Dr, CHI5-ART.IX-15-120 (D).INC PT3-LDR.CH20- VIII.SEC1.G. Remove trash. Mow Grass, weeds and trim yard. Secure home to keep the public from entering. Senior Code Officer Webb reviewed the case as above and recommended 30 days for compliance. There was discussion on why the thirty days. It was noted the Respondents have already started renovations. Motion Based on the Testimony and evidence presented in Case #06-0015. Ms. Carroll moved that this Board find Cypress Development Corp. is 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 17, 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 March 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. Mrs. Simshauser seconded the motion that passed 6-0. Senior Code Officer Webb reviewed the cases below and recommended the following be fined $25 per day: Case #05-2284 Janis Carter 2407 NE 4th Court Motion Based on the testimony and evidence presented in Case #05-2284, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated December 21, 2006, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $25 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Foot seconded the motion that passed 6-0. Case 05-2451 Frank Nigro 125 Flamingo Dr. Motion Based on the testimony and evidence presented in Case #05-2451, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated December 21, 2006, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $25 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until ajudgment is entered based upon this certification offine. Mr. Foot seconded the motion that passed 6-0. Senior Code Officer Webb recommended the following be fined $50 per day: Case #05-1145 BG Meadows Square LLC 4707 N. Congress Ave. 18 Meeting Minutes Code Compliance Meeting Boynton Beach, FL February 15, 2006 Motion Based on the testimony and evidence presented in Case #05-1145, Ms. Simshauser moved that this Board find that the Respondent has not complied with this Board's Order dated October 19, 2005, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $50 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that passed 6-0. Case #05-2661 Daniel D. Dodge 659 Manor Dr. Motion Based on the testimony and evidence presented in Case #05-2661, Ms. Simshauser moved that this Board find that the Respondent has not complied with this Board's Order dated January 18, 2006, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $50 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that passed 6-0. Case #05-2538 R.G. JR. & Gayle L. Steventon 3310 E. Atlantic Dr. Motion Based on the testimony and evidence presented in Case #05-2538, Ms. Simshauser moved that this Board find that the Respondent has not complied with this Board's Order dated January 18, 2006, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $50 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that passed 6-0. Case #05-2644 Frank Nigro 2430 NW 2nd St. Motion Based on the testimony and evidence presented in Case #05-2644, Ms. Simshauser moved that this Board find that the Respondent has not complied with this Board's Order dated January 18, 2006, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $50 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that passed 6-0. Case #05-2711 Ulrick & Yvonne Joseph 3180 E. Atlantic Dr. Motion Based on the testimony and evidence presented in Case #05-2711, Ms. Simshauser moved that this Board find that the Respondent has not complied with this Board's Order dated January 18, 2006, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certifY a fine in the amount of $50 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that passed 6-0. 19 Meeting Minutes Code Compliance Meeting Boynton Beach, FL February 15, 2006 Senior Code Officer Webb recommended the following case have a $100 per day fine imposed: Case #05-2647 Henry & Anne F. Marcelus 171 SE 30th Ave. Motion Based on the testimony and evidence presented in Case #05-2647, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated January 18, 2006, 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 $1 00 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. Senior Code Officer Webb recommended the following cases receive no fine: Case #05-1674 Hammer Properties LLC 1900 N. Federal Hgwy. Motion Based on the testimony and evidence presented in Case #05-1674, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated September 21, 2005, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certifY "No Fine," including administrative costs. Ms Simshauser seconded the motion that passed 6-0, Case 05-2467 Debra Wilson 115 SW 2nd Avenue Motion Based on the testimony and evidence presented in Case #05-2467, 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, the actions taken by the Respondent, that this Board impose and certify "No Fine," including administrative costs. Ms Simshauser seconded the motion that passed 6-0, Case #05-2637 Thomas & Yzala J. Guerrier 803 NE 3rd Street Motion Based on the testimony and evidence presented in Case #05-2637, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated January 18, 2006, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify "No Fine," including administrative costs. Ms Simshauser seconded the motion that passed 6-0, Case #05-2803 Marc & Ritha Fervil 128 SE 27th Place Motion Based on the testimony and evidence presented in Case #05-2803, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated January 18, 2006, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certifY "No Fine," including administrative costs. Ms Simshauser seconded the motion that passed 6-0, Case #05-2436 Jeffrey Lee 2201 N. Seacrest Blvd. 20 Meeting Minutes Code Compliance Meeting Boynton Beach, FL February 15, 2006 Motion Based on the testimony and evidence presented in Case #05-2436, 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, the actions taken by the Respondent, that this Board impose and certity "No Fine," including administrative costs. Ms Simshauser seconded the motion that passed 6-0, Case #05-2660 Johannah Estep 240 N. Palm Dr. Motion Based on the testimony and evidence presented in Case #05-2660, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated January 18, 2006, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify "No Fine," including administrative costs. Ms Simshauser seconded the motion that passed 6-0, Case #05-2727 Cirilo F. Espinal 3180 Orange St. Motion Based on the testimony and evidence presented in Case #05-2727, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated January 18, 2006, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify "No Fine," including administrative costs. Ms Simshauser seconded the motion that passed 6-0, Cases to be tabled (30 days)\ Case #05-2596 3300 S. Congress Ave. LLC 3300 S. Congress Ave. Motion Mr. Foot moved that Case #05-2596 be tabled until the Code Compliance Board Meeting to be held on March 15, 2006. Ms. Carroll seconded the motion that passed 6-0. Case #05-2880 Hayes Clinical Laboratory Inc. 2431 Quantum Blvd. Motion Ms. Carroll moved that Case #05-2880 be tabled until the Code Compliance Board Meeting to be held on April MareflI9~, 2006. Msr~ Foot Carroll seconded the motion that passed 6-0. Lien Reduction Attorney Alexander put individuals testifying under Oath. Code Compliance Administrator Blasie indicated this item was placed on this agenda due to a real estate transaction occurring in the near future. In an effort to expedite the process, the item was placed on this agenda. Case #02-3088 DSS Properties 728 Casa Loma Blvd. Code Compliance Administrator Blasie reviewed this matter came before the Board February 19, 2003 and a date and time set to comply as March 1, 2003 or $25 per day. The property came into compliance July 11, 2003. It was noted this pertained to a mechanical permit for a walk-in refrigerator. 21 Meeting Minutes Code Compliance Meeting Boynton Beach, FL February 15, 2006 Mr. Steve Skaggs, 728 Casa Loma Blvd., was present and indicated they had hired a contractor to install the refrigerator and thought the contractor pulled the permits. The contractor did not give him the specifications. He explained his former partner was involved with the restaurant and didn't know why he did not attend the meeting. As soon as they were able to get all the information, they provided it to the Board. Ms. Lisa Bright, Executive Director of the CRA, 639 E. Ocean Avenue, was present and was put under oath. She explained the CRA had been negotiating with Mr. Skaggs for over a year and one half on a variety of issues for this property. The rising cost of acquiring real estate and having to pay an inordinately larger amount of money to acquire this property, because negotiations were not handled appropriately occurred. Part of the contract the CRA has with this property is the CRA's responsibility to reduce costs. Subsequently, these liens will be transferred to the CRA to pay if an amendable resolution is not reached. (The CRA is buying building the entire marina area, with 14 slips, the south side of the parking area and are giving him easement and the dive shop building, will belong to the CRA for public access). They are trying to become a public access marina in the county. Mr. Skaggs owns the restaurant and the CRA owns everything else. It was noted they are trying to buy Seae Mist fflft5 Marina to make it a public access marina. The agreements between Mr. Skaggs will allow individuals using the dive boats and slips to use his restrooms until they renovate with the grant from the county. It is a more familial relationship. The CRA is buying the property and Mr. Skaggs will retain ownership of the restaurant, a small storage area and ticket both. Ms. Bright explained as part of their purchase, the CRA agreed to pay for a variety of things, and in essence the price would include any costs that would be added on such as these liens. The lien would attach to the entire property. It was noted the refrigerator was approved. Motion Based on the testimony and evidence presented in Case # 02-3088, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Ms. Carroll moved that this Board rescind the fine instituted in Case # 02-388, by virtue of this Board's Order of February 19, 2003, and that the lien imposed by that Order be released. Mr. Foot seconded the motion that passed 6-0. Case #03-1160 DSS Properties 728 Casa Loma Blvd. Code Compliance Administrator Blasie reviewed this matter was cited April 11, 2003 for a permanent Certificate of Occupancy. The Respondent was operating under a temporary Certificate of Occupancy for an extended period of time, and had received extensions from the Development Department. Mr. Skaggs did appear at the May 21, 2003 hearing and a date and fine for compliance was established of June 20, 2003 or $25 per day. The property came into compliance February 24, 2004 and the fine accrued. The issue centered around the permanent Certificate of Occupancy was tied into building the offsite parking lot a block or two to the south of the restaurant, which they completed in a timely manner. Mr. Skagg indicated the cost to improve the parking lot was approximately $225,000. Originally, the City gave permission, while the marina project was being constructed to use that as a temporary parking area. At some point they indicated they needed the temporary parking to become a permanent parking area. He indicated he missed one of the hearings, but it was in his best interest to correct the issue as quickly as possible. Ms. Bright affirmed rescinding the fine would have a direct impact on the CRA. They have shared parking spaces and their spaces in Marina Village will not be ready for the public access Marina. There is an overflow agreement and is part of their real estate contract purchase. 22 Meeting Minutes Code Compliance Meeting Boynton Beach, FL February 15, 2006 Code Compliance Administrator Blasie indicated there were many factors that held up the parking lot issue. Mr. Skagg explained the property next to them (Marina Village) was flipped three different times. DSS had agreements with the original owners, and through the City they came into agreements for all kinds of parking. The new owners of Marina Village came in and changed everything, in spite of a court order to stop the project until the parking issue was resolved. The project was flipped again because those owners also tried to decrease the parking. In order to keep DSS operational the City allowed them to use the area as a temporary off site parking lot. Motion Based on the testimony and evidence presented in Case # 03-1160, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Ms. Carroll moved that this Board rescind the fine instituted in Case # 03-1160, by virtue of this Board's Order of May 21, 2003, and that the lien imposed by that Order be released. Mr. Foot seconded the motion that passed 6-0. Code Compliance Administrator Blasie indicated the Boards decision will be forwarded to the City Commission. They will review it for seven days. Adjournment A motion was made by Mr. Foot to adjourn. Ms. Cook seconded the motion that passed 6-0. Meeting adjourned at 8:47pm. Respectfully submitted, ~Jif.i ~JJ~I Catherine Cherry-Gub an Recording Secretary 022306 23