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Minutes 05-17-06 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, MAY 17, 2006 AT 7:00 P.M. IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA Present: Michele Costantino, Chair Kathleen Carroll 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 Absent: Kathy Cook Chris DeLiso I. Call to Order Chair Costantino called the meeting to order at 7:00 p.m. II. Approval of Minutes Mr. Foot mentioned the April 27, 2006 lien reduction minutes should be changed on page 4. The motion should say, "A motion was made by Kathleen Carroll to put on the agenda for a future meeting a discussion of breaking up the agenda of the Code Compliance Board meetings and addressing some of them at the Code Compliance Lien Reductions." Page 27 of the April 19, 2006 minutes should read complied instead of not complied in Case Nos. 03-2152, 06-191, and 05-2687. Motion Mr. Foot moved to approve the minutes for April 19, 2006 as amended. Ms. Simshauser seconded the motion that passed 5-0. III. Correspondence Chair Costantino noted two letters in the agenda packet. One letter was from the Kiwanis Club thanking the City for the presentation of Scott Blasie and Chair Costantino on Code Compliance procedures at a recent Kiwanis meeting. The other letter was from Michael Rogers, thanking the various people in the Code Compliance office for their handling of his case(s). IV. Approval of Agenda Chair Costantino asked if there were any changes, additions, or deletions to the agenda. Sr. Code Officer Mike Melillo noted the following cases were removed: Case #06-706, Case #06-707, Case #06-708, Case #06-855, and Case #06-951. Case #06-945 and Case #06-813 complied. 1 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 17, 2006 Motion Ms. Carroll moved to approve the agenda as amended. Mr. Foot seconded the motion that passed 5-0. V. Swearing in of Witnesses and Introduction Attorney Tolces explained the hearing procedures and administered the oath to all persons that would be testifying. Sr. Code Officer Melillo determined who was present. VI. New Business A. Cases to be Heard Case #06-215 Property Address: Violation( s): Chambers Properties LLC 1501 Corporate Drive BBA FBC 2005105.1.1 Installed a wall in northwest corner of office without a permit. Code Officer Cain presented the case on a commercial property referred by a City department. The initial inspection was February 1, 2006. The property owner was given ten days to comply. Proof of service was by certified mail with a signed receipt on May 4, 2006. Neil Chambers, 1501 Corporate Drive, Boynton Beach, 33426 and Charita Bryant, same address, pled no contest, saying compliance depended on availability of staff in the Building Department. Scott Blasie, Code Administrator, suggested 90 days, since there was a backlog in the Building Department. Code Officer Cain agreed that 90 days should be sufficient for the respondents to get a permit and inspections. Motion Based on the testimony and evidence presented in Case #06-215, Mr. Foot moved that this board find that Chambers Properties LLC 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 August 15, 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 August 15, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that passed 5-0. 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 17, 2006 Case #06-850 Property Address: Violation(s): Estiverne Vagunice 651 S.W. 2nd Avenue BBA FBC '05 105.1.1, 108.5 Permit application required; work prior to permit issuance Code Officer Cain presented the case for this single family, homesteaded property. It was a referral from the Building Department. The initial inspection was performed on April 4, 2006. The permit application expired. Proof of service was by certified mail, with a signed card returned to the City on April 26, 2006. He did not know when the fence was erected, except that it was done before Mr. Vagunice purchased the property in May of 2006. Estiverne Vagunice, 651 S.W. 2nd Avenue, Boynton Beach, pled not guilty, saying the fence had been placed on his property by the previous owner. It was explained that the violation follows the property and he should contact the title company he used when purchasing the house. Attorney Tolces suggested Mr. Vagunice speak to the Code Officer about what he had to do in order to come into compliance. Motion Based on the testimony and evidence presented in Case #06-850, Ms. Carroll moved that this board find that Estiverne Vag un ice 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 August 15, 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 August 15, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that passed 5-0. Case #06-564 Property Address: Violation( s): Dawn R. & Sergio C. Sandoval 425 W. Ocean Avenue 10-2 BBC of ORD., 424.2.17.1.1 through 10 Mow overgrown grass and weeds and install a proper swimming pool barrier to secure the pool. Code Inspector Guillaume presented the case. A routine inspection on March 8, 2006 revealed an open door to the pool area and the door was missing a screen. The yard violations had come into compliance. Maria Cookfair, Mr. Sandoval's mother, appeared on his behalf with his consent. She pled no contest, asking for 30-45 days to comply The board was not in favor of allowing a pool safety issue to go for 30-45 days. 3 VERBATIM TRANSCRIPT FROM MAY 17, 2006 CODE COMPLIANCE BOARD MEETING Requested by Assistant City Manager Wilfred Hawkins Agenda Item VIII. Board Attendance Chair Costantino: I put this on the agenda because we seem to be having some issues with attendance. This board agreed to contact the Chairperson when they were not going to be here. Most of us are in compliance. Mr. Tolces looked up the Statute. Attorney Tolces: If I might. I'm passing down sections of Chapter 162.05. The Chair had requested that I research the issue with respect to attendance for board members and I would direct you to section 162.05E. In section 162.05E it says, "An appointment to fill any vacancy on an enforcement board shall be for the remainder of the unexpired term of office. If any member fails to attend two of three successive meetings without cause and without prior approval of the Chair, the enforcement board shall declare the member's office vacant and the local governing body shall promptly fill such vacancy." So, if there is a circumstance where the board feels that this has occurred, in order for them to declare that member's office vacant, there would need to be a motion made to declare that member's office vacant, and that motion would need to be approved by a majority of the members present at the meeting. And then, that information would be forwarded to the City Commission and the City Commission would then fill that vacancy. Bob Foot: I'm sure, looking at minutes for recent meetings, this came up because Mr. DeLiso is not here at this meeting. I'm concerned about his attendance. Out of the most recent one, two, three, four, five, six meetings, he has been absent four times. There was one sequence of meetings, February 23, March 15, and March 23 where he was absent on all three of those occasions. So in terms of that Statute and our own City Ordinance which says the same thing, the two out of three meetings, the seat should be considered or maybe declared vacant. I would say Mr. DeLiso is in jeopardy of having his seat considered vacated at this point. Chair Costantino: I have to agree with you. Mr. DeLiso made, I mean he told me today, yesterday, that he was going to be here and there's been no further communication and as we can all see, he's not here. Kathy called and informed us her son's graduation is coming up. She was going to use this evening to pack herself so she could go. He passed the bar and was going to be an attorney. She did call. The board members here that are present have done a wonderful job in complying with our agreement that we were going to contact the board. Chris has refused repeatedly to call me and it is not about me. It is about doing what everybody else on this board is doing. And now he has violated the State Statutes that govern this board. Verbatim Transcript of Code Compliance Board Meeting of May 17 2006 Boynton Beach, Florida Bob Foot: Ma'am. We have a City Ordinance that says the same thing. I, to get the thing on the floor for discussion move that the seat held by Mr. DeLiso be considered vacated at this point and that the City be asked to replace him in that seat. Lisa Simshauser: And who are we going to replace him with? We can't even get alternates. Chair Costantino: We need a second before we continue discussion. Is there a second to the motion? Richard Yerzy: Second. Usa Simshauser: Who are we going to replace him with? Attorney Tolces: That's the City Commission's decision. Chair Costantino: That's the Commission's decision. Attorney Tolces: In theory, they could reappoint Mr. DeLiso to fill the vacancy. Richard Yerzy: I seconded it in order that we could have a discussion. If there's no second, we can't have a discussion. Chair Costantino: So, what is the board's pleasure? Shall we continue this process? I mean its here. It's something that I personally feel is expected of us. I mean it says here, it governs our board. This is something that, as distasteful as it may be, is something that we need to decide upon doing or not doing. Kathleen Carroll: I guess my question is have you as the Chairperson discussed your feelings with Mr. DeLiso before you brought it before the board? Chair Costantino: After his conversation and - that I had with him a couple of days ago on his attendance at this meeting, and the vulgarities that he expressed to me, I've just - have no interest in talking to Mr. DeLiso ever again. I don't...... Kathleen Carroll: So, it's a personal issue. Chair Costantino: No, it's not. Bob Foot: Ma'am, in government in the Sunshine, I'm not sure its appropriate to be talking about this kind of activity. Lisa Simshauser: She called me to ask if I was coming. Chair Costantino: I simply asked if he was going to attend the meeting. 2 Verbatim Transcript of Code Compliance Board Meeting of May 172006 Boynton Beach, Florida Bob Foot: Chair Costantino: Kathleen Carroll: Chair Costantino: Attorney Tolces: Chair Costantino: Attorney Tolces: Chair Costantino: Sue Collins: Chair Costantino: Attorney Tolces: End of discussion. Transcribed by: As to his attendance, yes. But as to his activity in general. I did not discuss his activity in general. He continued his conversations and he said to me he was not going to, not planning on attending the rest of the meeting. And then he proceeded to tell me that some people take their positions too seriously. And I left out all the swear words that were included before the phone call was disconnected. I'm sorry. I don't appreciate being talked to in that manner. I, again, think it's a personal issue that you need to take up with him. No. It's not a personal issue. Is there any further discussion? Then I'll call the question. All in favor? Motion carries 5-0. No, wait. I mean, sorry, 3-2. I'm sorry. Just for the record, I would suggest to the Chair that she ask for a roll call vote. Sue, would you do a roll call vote please. (The Recording Secretary called the roll and the motion passed 3-2, Lisa Simshauser and Kathleen Carroll dissenting.) David, does the Secretary or do I notify the Commission? There'll have to be some type of separate document prepared as opposed to just forwarding the minutes to the Commission. So, I11 work with the Clerk to prepare just a short memo to the Board for your signature. () /'/J/} , '~C~-1'LL~v Susan Collins Recording Secretary 051906 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 17, 2006 Motion Based on the testimony and evidence presented in Case #06-564, Mr. Foot moved that this board find that Dawn R. and Sergio C. Sandoval 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 27, 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 27, 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 5-0. Case #06-904 Property Address: Violation( s): Charles R. Herring, Sr. 134 S.E. Sth Avenue 10-3 BBC of ORD, CH15-ART.IX-15- 120 (D) 1 INC, PT 3-LDR. CH2. SEC 4.J.l Remove trash and debris, boat, and unlicensed trailer. Trim hedges and install sod in yard. Code Inspector Guillaume presented this case. An initial inspection took place on April 7, 2006. A notice was written giving the property owner 15 days to come into compliance. It was not yet in compliance. Charles Herring, Sr., 134 S.E. Sth Avenue, Boynton Beach, pled no contest and asked for 30 days. He indicated two of the boats did not belong to him, but to friends who were moving. He would have to reactivate the well since the sprinkler system did not work. Motion Based on the testimony and evidence presented in Case #06-904, Ms. Simshauser moved that this board find that Charles R. Herring, Sr. 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 16, 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 June 16, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed 5-0. Case #06-153 Property Address: Violation( s): Susie Sporysz Est 503 S.E. 23rd Avenue CH15-ART.IX-15-120 (D) INC. Remove all unregistered and inoperable vehicles in the rear of property. Fix fence and remove all trash and debris. 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 17, 2006 Sr. Code Officer Vestiguerne Pierre presented the case, giving the address of the estate as 166 Rutherford Boulevard, Clinton, N.J. 07014. There was only one vehicle left on the property. The trash was gone. Mr. Foot asked if there were any hurricane hazards, and Code Officer Pierre advised there were some pallets that should be removed. The fence was made of wood. Adam Otis, 503 S.E. 23rd Avenue, tenant, stated the owner knew he was present and pled no contest. The one vehicle remaining on the property was for sale and he hoped to sell it within the next two weeks. He had sent the estimates for the fence repair to his landlord and was leaving that up to her. Code Officer Pierre shared pictures with the tenant and with the board. When asked, Mr. Otis volunteered the information that his landlord was usually responsive to his requests. However, he offered to remove the fence tonight. Code Officer Pierre said if he did that, the property would be in compliance. Motion Based on the testimony and evidence presented in Case #06-153, Ms. Carroll moved that this board find that the Susie Sporzy Est 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 27, 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 27, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that passed 5-0. VII. Old Business A. Lien Penalty Certifications Case #05-2506 Victor L. Cook 654 W. Ocean Avenue Code Officer Cain presented the case. The notice of violation date was October 14, 2005 for violations of the community appearance and building codes. The case had come into compliance and staff recommended "No Fine." Motion Based on the testimony and evidence presented in Case #05-2506, Mr. Foot moved that this board find that the Respondent, Victor L. Cook, was in violation of the City of Boynton Beach Code Sections as cited, subsequent to the date of compliance specified in this board's Order of February 15, 2006, and in consideration of the gravity of the violation, the actions taken by the Respondent to remedy the violation, and previous violations of the Respondent, that this board impose and certify a fine in the amount of $0 including administrative costs. Mr. Yerzy seconded the motion that passed 5-0. 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 17, 2006 Case #05-2001 Victor L. Cook 654 W. Ocean Avenue Code Officer Cain reported the notice of violation date on this property was August 22, 2005 for an expired permit. A hearing was held on January 18, 2006 and Mr. Cook appeared. The board set a compliance date of April 18, 2006 and suggested a fine for non-compliance of $25 per day. It was not yet in compliance. Victor L. Cook, 654 W. Ocean Avenue, Boynton Beach, stated he was at the mercy of his contractors. The architect quit a week before he was to comply. He talked to an engineer on the day of this meeting and he should have the blueprints in two weeks. He explained he had drawn the original blueprints himself, but in the aftermath of the hurricanes, the Building Codes had been changed. He suffered a lot of hurricane damage and was adding another room. He was out-of-pocket $9K already. Code Officer Cain recommended 90-120 days for compliance. Motion Mr. Foot moved to table Case #05-2001 until the meeting on July 19, 2006. Ms. Carroll seconded the motion that passed 5-0. Case #05-2020 Mark H. Schiff 3805 S. Lake Drive Sr. Code Officer Lewis stated this case had complied and the City recommended "No Fine." Motion Based on the testimony and evidence presented in Case #05-2020, Mr. Foot moved that this board find that the Respondent, Mark H. Schiff, was in violation of the City of Boynton Beach Code Sections as cited, subsequent to the date of compliance specified in this board's Order of September 21, 2005, and in consideration of the gravity of the violation, the actions taken by the Respondent to remedy the violation, and previous violations of the Respondent, that this board impose and certify a fine in the amount of $0 including administrative costs. Ms. Simshauser seconded the motion that passed 5-0. Case #06-99 Ernestine Waters 160 N.E. 19th Avenue Sr. Code Officer Lewis reported the notice of violation was originally issued January 19, 2006 for violations of the community appearance code and an occupational license. A hearing was held on March 15, 2006 and no one appeared. A compliance date of March 25, 2006 was set and a fine for non-compliance was set at $250 per day. The only violations that still existed were the sod and occupational license. Ernestine Waters, 160 N.E. 19th Avenue, Boynton Beach, stated she had been in the hospital and asked her nephew to call and let the City know what was going on. She said she had tenants and needed to get an occupational license. She thought she could get it in 60 days. Howard Brown, 136 S.E. 14th Avenue, Boynton Beach, indicated there were no inoperable vehicles on the property as of the day of this meeting. The remaining vehicles all had current license plates. 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 17, 2006 Mr. Brown was asked if he would help Ms. Waters get the property in order so she could get an occupational license, and he confirmed he would do so. He declared they were in the process of resodding the west side of the property, but needed 60 to 90 days to comply. There were no auto parts. The yard had been cleaned up. Sr. Code Officer Lewis stated Ms. Waters was a repeat offender. Sr. Code Officer Webb had an active lien for this property owner involving the same occupational license issue that had never been resolved. Mr. Foot cautioned Ms. Waters that a fine of $250 a day was running on her property and he encouraged her not to delay. He suggested a motion to table the case until July 19. There was no second. Mr. Brown questioned the $250 and asked who decided the level of the fines. Attorney Tolces explained that was the purview of the board and the amount was based on the gravity of the violation, whether or not it was a repeat violation, and the effort of the property owner to make repairs Motion Mr. Foot moved to table Case #06-99 until August 16, 2006. Ms. Simshauser seconded the motion that passed 5-0. Case #04-1446 Michael R. Rogers 111 N.E. 3rd Avenue Sr. Code & Rehab Officer Pete Roy indicated the initial notice of violation had been issued June 25, 2004 for permits and inspections required for repair from fire damage. A hearing was held on April 20, 2005 and Mr. Rogers appeared. The board set a date for compliance of June 19, 2005 and proposed a fine for non-compliance of $75 per day. Mr. Rogers' property came into compliance on May 5, 2006 when a permit was issued to Mr. Rogers. The City recommended "No Fine" because the permit was good until November 2006. Michael Rogers, 111 N.E. 3rd Avenue, Boynton Beach, thanked everyone, especially Chris DeLiso. It had been Mr. DeLiso's article in the newspaper that motivated him to protest on television and in the newspaper. He also thanked Mr. Roy and Mr. Blasie for helping him try to recover some of the money he spent on the case. He hoped Mr. Blasie could still help him in that regard. Motion Based on the testimony and evidence presented in Case #04-1446, Ms. Carroll moved that this board find that the Respondent, Michael R. Rogers, was in violation of the City of Boynton Beach Code Sections as cited, subsequent to the date of compliance specified in this board's Order of April 20, 2005, and in consideration of the gravity of the violation, the actions taken by the Respondent to remedy the violation, and previous violations of the Respondent, that this board impose and certify a fine in the amount of $0 including administrative costs. Mr. Foot seconded the motion that passed 5-0. 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 17, 2006 Case #06-514 Raymond T. Zompa 416 S.W. 5th Avenue Sr. Code Officer Rich Laverdure presented the case. The notice of violation was issued on March 7, 2006 for community appearance violations. A hearing was held on April 19, 2006 and no one appeared. The board set a compliance date of May 4, 2006 and proposed a fine for non- compliance of $25 per day. The violation still exists. Raymond Zompa, 416 S.W. 5th Avenue, Boynton Beach, thought he was in compliance. He called Officer Laverdure after he received the notice. He told him he would be back the next day, but he did not hear back from him. Something was posted on his door on Saturday. He did not receive a call back from the Code Officer. He still needed to know what he had to do. Sr. Code Officer Laverdure shared pictures with the respondent and the board. Mr. Zompa stated the front yard had a ground cover, not weeds. He had lived at the same address since 1972 and had never had a problem before. Code Officer Laverdure interpreted the ground cover as weeds. Mr. Foot asked Mr. Zompa if he could support grass in place of the ground cover, and Mr. Zompa replied it was a matter of cutting back the groundcover and letting the St. Augustine grass beneath it grow again. Motion Ms. Simshauser moved to table Case No. 06-514 until June 21, 2006. Mr. Foot seconded the motion that passed 5-0. Case #06-515 Franco Elysee & Marie Volcy 216 S.W. 5th Avenue Sr. Code Officer Laverdure asked Sr. Code Officer Pierre to interpret for the respondent. The notice of violation was given on March 7, 2006. A hearing was held on April 19, 2006, but no one appeared. The board set a compliance date of April 29, 2006 and proposed a fine of $50 per day for non-compliance. The violation still exists. The only violation left was for unregistered vehicle(s). He felt if the fine were certified, it would help to secure compliance. The owner was not a repeat violator. Franco Elysee, 1616 N.E. 16th Court, Boynton Beach, stated his sister lived on the property in question. Through the interpreter, it was learned that the only unregistered vehicle, a red van, would be moved on the day after the meeting. The board decided to table the case until its next lien reduction meeting. Motion Mr. Foot moved to table Case #06-515 to May 25, 2006. Ms. Carroll seconded the motion that passed 5-0. 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 17, 2006 Case #06-466 Omari Murray 40S S.W. 10th Avenue Sr. Code Officer Lewis declared the notice of violation had been issued March 6, 2006. The violations were related to the appearance of the property. A hearing was held on April 19, 2006, but no one appeared. The board set a compliance date of April 29, 2006 and proposed a fine of $25 per day. The violations still exist. Omari Murray, 201 S.W. 11th Avenue, Boynton Beach, shared some pictures with the board. He stated there were no inoperable vehicles. At one time the yard was overgrown, but he had the mower fixed and cut the grass. Code Officer Lewis also shared pictures with the respondent and with the board. Code Officer Lewis indicated the overgrowth was still present and the weeds in the back still existed. The property owner had attempted to mow, but needed to do a better job. The trailer was deteriorated. There was outside storage of some PVC pipes. Mr. Murray responded there was no storage on the property. Also, the shed, not trailer, belonged to his neighbor. Also, he had a permit to do a rather large addition to the property and had received permission to store the pvc pipe there. His drawings had been submitted to the City, but the architect had suggested changes. Mr. Foot inquired whether Mr. Murray was a repeat violator and the Code Officer responded he was, but not at this property. Motion Based on the testimony and evidence presented in Case #06-466, Ms. Carroll moved that this board find that the Respondent has not complied with this Board's Order dated April 19, 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. Ms. Simshauser seconded the motion that passed 5-0. Mr. Murray was not certain what he was supposed to do, and was directed to speak to the Code Officer for explicit instructions. Case #06-467 Omari Murray 340 S.W. 10th Avenue Sr. Code Officer Lewis presented the case. The notice of violation date was March 6, 2006 to remove unregistered vehicles, re-sod dead areas of swalejtrash hole, and remove trash and debris. A board hearing was held on April 19, 2006 and no one appeared. A compliance date was determined of April 29, 2006 and a fine proposed of $50 per day. Code Office Lewis did not see any trash and debris on the property, but the sod had not been done on the swale. Also, there was a car in the back yard that appeared to be unregistered and inoperable. Omari Murray, 201 S.W. 11th Avenue, Boynton Beach, declared he was in the process of vacating the property. The people living there had been served notice to leave. As far as he knew, all cars on the property were moving vehicles. He never received a notice about the swale. Mr. Murray was disinclined to continue speaking on this topic, because on the previous 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 17, 2006 case, the Code Officer had allowed him to leave the pile of pvc pipe where it was and he had mowed the lawn; still, the board had proceeded to certify the fine. Code Officer Lewis showed pictures to the board. Mr. Murray refused to confirm the pictures were of his property. Code Officer Lewis advised Mr. Murray that if he could show him that the vehicle was registered and if he put sod on the swale, the case would be closed. It was confirmed in discussion the notice had been posted on this property. Mr. Murray stated he had never seen the posting and that he did not live at the property. He was reminded that as the owner, the property was still his responsibility. Attorney Tolces remarked that under Florida Statutes, the only obligation the Code Compliance Board had was to deliver the notice to the address on record with the Property Appraiser's Office. It was the owner's obligation to advise the tenants that any notices or communications had to be brought to the owner's attention. If Mr. Murray wished to provide the Code Officer with an address at which he would prefer to be contacted, the City would send notices to that address also. Code Officer Lewis noted that Mr. Murray had signed the notice. Motion Based on the testimony and evidence presented in Case #06-467/ Mr. Yerzy moved that this board find that the Respondent has not complied with this Board's Order dated April 19, 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. Mr. Foot seconded the motion that passed 5-0. Mr. Murray maintained there was another case on 238 S.W. 5th Avenue, but he was advised that case was not on the agenda for this meeting. Case #06-554 Anael F. Lambert 50 S. Palm Drive Sr. Code Officer Webb reported this property had received a notice of violation on March 7, 2006 for numerous violations, including electrical life/safety issues. A hearing was held on April 19, 2006 and Mr. Lambert appeared. The board set a compliance date of April 29, 2006 and proposed a fine of $200 a day in the event of lack of compliance. The violations still exist. Anael F. Lambert, 60 South Palm Drive, Boynton Beach, declared the contractor had lied to him about having submitted an application for a permit. He later learned that the contractor's license had expired and he was waiting for that to be reinstated before applying for the permit. Chair Costantino commented she lived in the neighborhood and felt sorry for the people living there and feared for the community in case of fire. Mr. Lambert responded he had given notice to the tenants, who would be leaving at the end of May. They just came to the United States and did not know how things were over here. This was the first house in which they lived. Ms. Carroll asked Mr. Lambert if he would be willing to board the property up until the repairs had been made, when the tenants had left. Mr. Lambert responded in the affirmative. Chair Costantino asked Mr. Lambert if he would promise not to put tenants in the house until it was 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 17, 2006 straightened out. Mr. Lambert said he was trying to sell the house because he did not want to deal with it any more. The board turned to Code Officer Webb for a recommendation, based on his knowledge of the case. His concern was that the tenants kept putting things inside the storage room. They had buckets stacked up and a metal handle was pressed against the electrical box with the hot wires. Mr. Foot inquired whether he was a repeat violator, and Code Officer Webb responded he had been cited once, but not on this property and he had cleared up the other violation. Mr. Foot reminded Mr. Lambert a fine was accruing on this property at the rate of $250 per day and that paying a contractor $1500 to fix the problem would be a bargain in light of the fine. Chair Costantino asked Mr. Lambert if all storage materials could be removed from the utility/storage room and a lock applied to the door to secure it. Then, when it was fixed, he could call the City for an inspection. Mr. Lambert agreed. The board considered giving him until May 25, 2006 to accomplish this. Attorney Tolces said tabling the case for five days would not be any different than tabling it until the next meeting. Chair Costantino felt giving Mr. Lambert five days to secure the storage room put pressure on him to eliminate a possible fire in the neighborhood. Chair Costantino praised Code Officer Webb for how he was helping turn this neighborhood around. Things were starting to look really good. She would hate to see this house catch on fire and destroy this house, others, and the momentum they had gained in the area. Motion Mr. Foot moved to table Case #06-554 to the lien reduction meeting of May 25, 2006. Ms. Simshauser seconded the motion that passed 5-0. Chair Costantino advised Mr. Lambert the board would require proof that he had cleaned out the utility/storage room and had it secured so it could not be accessed. Mr. Lambert understood. He was asked to attend the lien reduction meeting on May 25, 2006 at 3:00 p.m. in City Commission Chambers. Attorney Tolces advised Mr. Lambert that this would not bring the property into compliance. This was strictly to allow the board to reconsider it, providing him with additional time. Mr. Lambert thanked the board. Case #06-634 Marie Dor & Anselot Dieujuste 915 S.W. 3rd Street Sr. Code Officer Webb reported the property was in compliance and the City recommended "No Fine." Motion Based on the testimony and evidence presented in Case #06-634, Ms. Carroll moved that this board find that the Respondents, Marie Dor & Anselot Dieujuste, were in violation of the City of Boynton Beach Code Sections as cited, subsequent to the date of compliance specified in this 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 17, 2006 board's Order of April 19, 2005, 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 5-0. VI. New Business (continued) A. Cases to be Heard Case #06-975 Property Address: Violation( s): Nationwide Assets Inc. SW 3rd Street (vacant lot) 10-2 BBC of ORD, ART.II SEC. 10-22 Remove all trash and debris and construction material from vacant lots bordered by S.W. 1st Avenue, S.W. 2nd Avenue, and S.W. 3rd St. Code Inspector Guillaume reported the property owner's address was 2234 N. Federal Highway, #303, Boca Raton, Florida 33431. This case originated from a citizen's complaint. The initial inspection date was April 13, 2006. A written notice was issued giving ten days to comply. The notice was sent certified mail April 26, 2006. The signed green card was returned on April 27, 2006. Code Inspector Guillaume showed pictures to the board and the Respondent. David Edery, President of Nationwide Assets, Inc., pled no contest. He mentioned he had left six messages for Code Inspector Guillaume and his calls had not been returned. They were building nine houses and he had eight dumpsters for the trash and debris. Police officers were at the site with him when they observed someone dumping trash on the lots. As they cleared one lot, they moved the roots on to the next lot. It had taken eight weeks for him to get the dumpsters. People had been filling up the dumpsters and dumping trash at the site. They had cleaned it up repeatedly and even brought in a tractor to clean up. Code Inspector Guillaume remarked Mr. Edery had not left any messages on his voicemail, nor had he left any messages at the Code Office. Mr. Edery said his secretary had recorded all the telephone calls. Attorney Tolces asked Mr. Edery if he notified people that he was recording all conversations. Attorney Tolces advised the Code Compliance employees to ask whether they were being recorded and that Mr. Edery should not be surprised that on hearing an affirmative answer, the Code Compliance employees decided not to speak to him. Mr. Edery responded someone at the Code Office had told him Code Inspector Guillaume was on vacation and that no one else could help him on this issue. Mr. Edery noted this was an ongoing situation and as they filled up the dumpsters, they were picked up, emptied and returned, but often not until a week later. He was prepared to show all receipts for his orders for the dumpsters to be emptied. He was soon going to put a trailer on the site and he hoped having lights on in the trailer would discourage dumping. Chair Costantino believed there were ways to secure construction sites that would not allow individuals to dump there. 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 17, 2006 Mr. Foot declared it was up to Mr. Edery to obtain enough trash containers to accommodate the amount of trash on the property. He suggested a motion for 30 days and a proposed fine of $100 per day. Ms. Simshauser felt Mr. Edery was doing all he could. If at 30 days the pile of trash shown in the pictures viewed by the board were moved, she asked if the violation would be resolved. Attorney Tolces said if there was still trash and debris on the property, it would not be in compliance. Mr. Blasie noted one of the problems was that as Mr. Edery built, he cleared. Most people cleaned and cleared the whole area at one time and intermittent dumping by neighbors could be addressed on a case-by-case basis. Mr. Edery believed the whole site had been cleared. Mr. Blasie stated that was not what he had witnessed - it had been developed piece meal. The Code Office got a call from neighbors at one point complaining the builder was taking stuff from one part of the property and dumping it on another, which happened to be across the street from their house. Mr. Edery denied this. He stated there were parts of the property that could not be accessed by trucks because it was so sandy. Mr. Edery said if he could show pictures of the property when it was bought, it was all trees. Chair Costantino believed if the pile were removed, there should be no more problem. Mr. Edery agreed. Mr. Edery commented each lot was permitted individually. Each lot was cleared for construction for the foundations individually. He would keep it as clear as possible. If people dumped, he would clean it up. Mr. Blasie disagreed that the site was cleared, and recommended a Cease and Desist Order. Motion Based on testimony and evidence represented in Case #06-975, Ms. Carroll moved a Cease and Desist Order be issued giving Nationwide Assets, Inc. until June 16, 2006 to bring the violations of the City of Boynton Beach Code Sections as cited into compliance. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that a fine in the amount of $100 per reoccurrence of the violation thereafter shall be imposed upon the Respondent. Mr. Yerzy seconded the motion that passed 5-0. Motion Based on the testimony and evidence presented in Case #06-975, Mr. Yerzy moved that this board find that Nationwide Assets, 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 June 16, 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 June 16, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that passed 5-0. Mr. Edery asked for a Code Officer to visit his site on the day after this meeting to clarify this. 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 17, 2006 Case #06-787 Property Address: Violation( s): Home Depot USA, Inc. 1500 S.W. 8th Street Chapter 2.5 Inclusive of the Excessive False Alarms Code. Pay all fines to avoid Code Compliance Board action. Scott Blasie, Code Administrator, declared he was going to present three false alarm cases. The local Home Depot store had excessive false alarms. They were currently in arrears to the City for fines in the amount of $800.00. Proof of service was obtained by certified mail from the corporate location and the local store. The typical order on alarm fines is 10 days for compliance or a fine of $250 per day. The compliance date would be May 27, 2006. Mr. Foot thought 10 days was too short a time for such a large entity, and suggested 20 days. The paperwork would take up a lot of that time. (Ms. Carroll left the dais.) Motion Based on the testimony and evidence presented in Case #06-787, Ms. Carroll moved that this board find that Home Depot 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 7, 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 $250 per day for each day the violations continue past June 7, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that passed 4-0 (Ms. Carroll not on dais). Case #06-791 Property Address: Violation(s): Simon Sunglass Hut 801 N. Congress Avenue Chapter 2.5 Inclusive of the Excessive False Alarms Code. Pay all fines to avoid Code Compliance Board action. Mr. Blasie reported Simon Sung lass Hut was in arrears to the City for fines in the amount of $275 for excessive false alarms. Service was obtained by certified mail to Simon and by personal delivery to the local store on April 13, 2006. Motion Based on the testimony and evidence presented in Case #06-791, Mr. Foot moved that this board find that Simon Sunglass Hut 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 7, 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 $250 per day for each day the violations continue past June 7, 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 14 Meeting Minutes Code Compliance Board BOY':1ton Beach, Florida May 17, 2006 arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that passed 4-0 (Ms. Carroll not on dais). Ms. Carroll returned to the dais. Case #06-922 L & F Realty Corp, Exxon Food Mart, Exxon Mobil Corporation 217 N. Federal Highway Chapter 2.5 Inclusive of the Excessive False Alarms Code. Pay all fines to avoid Code Compliance Board action. Property Address: Violation( s): Mr. Blasie reported Exxon Mobil Food Mart was in arrears to the City for $350 for excessive false alarm calls. Proof of service was obtained by certified mail. Motion Based on the testimony and evidence presented in Case #06-922, Mr. Yerzy moved that this board find that L & F Realty Corp, Exxon Food Mart, Exxon Mobil Corporation 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 7, 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 $250 per day for each day the violations continue past June 7, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that passed 5-0. Case #06-680 Property Address: Paul Plunkett SW 30th Avenue - vacant lot SW 30th Avenue 10-2 BBC of ORD Remove trash and debris from vacant lot. Mow and remove Florida holly trees, trim trees. All dense overgrowth within 50 feet of adjacent developed property must be removed. Violation( s): Code Officer Cain reported this property had been cited on March 14, 2006. The City recommended 10 days for compliance, May 27, 2006. Motion Based on the testimony and evidence presented in Case #06-680, Ms. Simshauser moved that this board find that Paul Plunkett 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 27, 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 27, 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 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 17,2006 re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed 5-0. Case #06-748 Property Address: Violation( s): UA Properties, Inc. 2240 W. Woolbright Road FBC CH4 SECT 401-410 Paint wall on east side of property along the canal. Code Officer Cain reported this property had been cited on March 23, 2006. The City recommended compliance by June 16, 2006. Motion Based on the testimony and evidence presented in Case #06-748, Ms. Simshauser moved that this board find that UA Properties, 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 June 16, 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 June 16, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed 5-0. Case #06-262 Property Address: Violation( s): Bradley & Amanda L. Sosnowski 124 S.E. 10th Avenue CH15-ART.IX-15-120 (D) 1 INC, CH 20, SEC 8 E-16 De-weed all rock areas and install sod in dead areas of yard. Also, install 4- inch house numbers on building visible from the City right-of-way. Code Inspector Guillaume reported this case was cited on February 6, 2006. The City recommended compliance by June 16, 2006. Motion Based on the testimony and evidence presented in Case #06-262, Mr. Foot moved that this board find that Bradley & Amanda L. Sosnowski 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 16, 2006. The board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25 per day for each day the violations continue past June 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. Carroll seconded the motion that passed 5-0. 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 17, 2006 Case #06-570 Property Address: Violation(s): Helen K. Tullos 118 N.W. 4th Street CH15-ART.IX-15-120 (D) 1 INC; 424.2.17.1. 1 THRU 10 Storage of unlicensed/inoperative vehicles, including boat, is not allowed on residential property. De-weed and re-rock swale area. Repair or replace wood fence. Install a proper swimming pool barrier to secure pool. Code Inspector Guillaume reported this case was cited on March 9, 2006. The City recommended 15 days for compliance. Motion Based on the testimony and evidence presented in Case #06-570, Ms. Carroll moved that this board find that Helen K. Tullos 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 1, 1006. 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 1, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that passed 5-0. Case #06-648 Property Address: Violation( s): Joselyn Chery 220 S. W. 1st Street CH15-ART.IX-15-120 (D) 1 INC Repair or replace wood fence. Install sod in the dead area of swale to achieve a uniform green appearance. Code Inspector Guillaume reported this property had been cited on March 10, 2006. The City recommended 15 days for compliance or June 1, 2006. Motion Based on the testimony and evidence presented in Case #06-648, Ms. Simshauser moved that this board find that Joselyn Chery 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 1, 1006. 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 June 1, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed 5-0. 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 17, 2006 Case #06-529 Property Address: Violation( s): Marie G. Gedeon 1525 N.E. 2nd Court CH15-ART.IX-15-120 (D). INC, ART.II SEC 10-24 (A.l) Remove bulk trash and debris pile from the swale and property. Sr. Code Officer Lewis reported the City recommended 10 days for compliance, May 27, 2006. Motion Based on the testimony and evidence presented in Case #06-529, Mr. Yerzy moved that this board find that Marie G. Gedeon 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 27, 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 27, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that passed 5-0. Case #06-710 Property Address: Violation(s): Larry B. Adams 1990 N.E. 2nd Lane 10-2 BBC of ORD, 13-16 BBC of ORD, ART.II SEC 10-24 (A.l), CH15-ART.IX- 15-120 (D) 1 INC Remove all garbage, trash, and debris from the property and swale area. Re- sod dead areas of the swale and yard. Remove inoperable vehicles. Occupational license is required. Loose garbage must be containerized. Sr. Code Officer Lewis reported this homeowner was a repeat offender. The City recommended compliance by May 27, 2006. Motion Based on the testimony and evidence presented in Case #06-710, Ms. Simshauser moved that this board find that Larry B. Adams 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 27, 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 $150 per day for each day the violations continue past May 27, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed 5-0. Case #06-713 Tony B. Clemons 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 17, 2006 Property Address: Violation( s): 121 N.E. 16th Court CH15-ART.IX-15-120 (D) lINC Mow and de-weed overgrown yard areas. Remove all trash and debris from the property. Re-sod dead front yard area. Remove inoperable unregistered vehicles. Sr. Code Officer Lewis reported the City recommended a compliance date of June 16, 2006. The trash had been taken care of, but the yard and the cars remained in violation. Motion Based on the testimony and evidence presented in Case #06-713, Mr. Yerzy moved that this board find that Tony B. 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 June 16, 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 June 16, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed 5-0. Case #06-409 Property Address: Violation( s:) Claudio Geles and Elena Plaza 728 N.E. 8th Avenue 13-16 BBC of ORD Obtain a single-family rental occupational license. Sr. Code Officer Melillo indicated the City recommended a compliance date of May 27, 2006. Motion Based on the testimony and evidence presented in Case #06-409, Mr. Foot moved that this board find that Claudio Geles and Elena Plaza 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 27, 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 May 27, 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 5-0. Case #06-709 Property Address: Violation( s): Perry L. Mitchell N.E. 10th Avenue (vacant lot) 10-2 BBC of ORD. Vacant lot east of 323 NE 10th Avenue. Mow grass and weeds and trim. 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 17, 2006 Remove all dead tree limbs and trash from lot. Sr. Code Officer Melillo presented this case. The owner's address is, P.O. Box 22140, West Palm Beach, Fl. The City recommended a compliance date of May 27, 2006. Motion Based on the testimony and evidence presented in Case #06-709, Mr. Yerzy moved that this board find that Perry L. Mitchell 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 27, 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 27, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that passed 5-0. Case #05-2569 Property Address: Violation(s): NSG Properties, Inc. 3675 S. Federal Highway LDR CH 21 ART III, SEC 2, SEC 7; (C) and LDR CH 21 ART I, SEC 11 Remove or repair freestanding sign as required by the City of Boynton Beach Sign Ordinance. Currently, sign is damaged to the extent that it would cost more than 500/0 of the original cost of the sign to repair it. Therefore, it should be replaced with a "conforming" sign. The sign is also supplied with unsafe electrical wiring including open junction boxes at the bottom of the supporting structure. In addition, City Code prohibits display of obscene matter, which must be removed immediately. Sr. Code Officer Pierre presented this case. The City recommended a compliance date of June 16, 2006. Motion Based on the testimony and evidence presented in Case #05-2569, Mr. Yerzy moved that this board find that NSG Properties 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 16, 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 June 16, 2006 plus administrative costs shall be imposed. The Respondent is 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 17,2006 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 5-0. Case #06-560 Property Address: Violation( s): Evens Frederic 310 N.W. 6th Avenue CH15-ART.IX-15-120 (D) INC, PT3- LDR.CH2. SEC 5.C.l Remove all inoperable unregistered cars and outside storage from your property. Sr. Code & Rehab Officer Roy declared the City recommended a compliance date by May 27, 2006. Motion Based on the testimony and evidence presented in Case #06-560, Mr. Foot moved that this board find that Evens Frederic 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 27, 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 27, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that passed 5-0. Case #06-832 Property Address Violation( s): Boynton Associates Ltd 210 NW 7th Court 10-2 BBC ofORD Remove all trash, felled trees, tires from lots known formally as 210, 220 and 230 NW 7th Court. Sr. Code & Rehab Officer Roy indicated the City recommended compliance by May 27, 2006. Motion Based on the testimony and evidence presented in Case #06-832, Mr. Yerzy moved that this board find that Boynton Associates Ltd 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 27, 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 27, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that passed 5-0. 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 17, 2006 Case #06-953 Property Address: Violation( s): Carolyn E. Wynter 406 NW 2nd Street CH15-ART.IX-15-120 (D) INC, (E) INC, PT3-LDR.CH20-VIII.SEC2.A Yard requires grass. Replace door. Remove all trash and debris. House needs painting. Sr. Code & Rehab Officer Roy declared the City recommended compliance by June 16, 2006. The trash was cleaned up, but all other violations remained. Motion Based on the testimony and evidence presented in Case #06-953, Ms. Simshauser moved that this board find that Carolyn E. Wynter 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 16, 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 June 16, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed 5-0. Case #06-1013 Property Address: Violation( s): Lucile Shelton Est 424 N.W. 9th Avenue CH15-ART.IX-15-120 (D) INC Remove inoperable vehicles from property . Sr. Code & Rehab Officer Roy declared the City recommended compliance by June 16, 2006. Motion Based on the testimony and evidence presented in Case #06-1013, Mr. Yerzy moved that this board find that Lucile Shelton Est 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 16, 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 June 16, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed 5-0. 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 17, 2006 Case #06-429 Property Address: Violation(s): William L. Dunlap Est 3291 Orange Street CH15-ART.IX-15-120 (D) lINC Replace missing hedges and repair wooden and chain link fence. Remove all trash and debris. Sr. Code Officer Webb declared the City recommended compliance by June 16, 2006. The trash was still present. Motion Based on the testimony and evidence presented in Case #06-429, Ms. Simshauser moved that this board find that William L. Dunlap Est 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 16, 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 16, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed 5-0. Case #06-536 Property Address: Violation( s): David L. Levin & Tracy Briscuso 411 S.W. 9th Avenue CH15-ART.IX-15-120 (D) .1A Remove all unlicensed and inoperable vehicles from the yard. Sr. Code Officer Webb declared the City recommended compliance by May 27, 2006. Motion Based on the testimony and evidence presented in Case #06-536, Ms. Carroll moved that this board find that David L. Levin & Tracy Briscuso are 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 27, 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 May 27, 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 5-0. Case #06-539 Property Address: Violation( s): S. Alcin & Lifilia Escarment 426 S.W. Sth Avenue PT3-LDR.CH2.SEC 6.B.2 Remove all outside storage of items not actively being used from public view. 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 17, 2006 Sr. Code Officer Webb declared the City recommended compliance by May 27, 2006. Motion Based on the testimony and evidence presented in Case #06-539, Ms. Simshauser moved that this board find that S. Alcin & Lifilia Escarment are 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 27, 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 May 27, 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 5-0. VII. Old Business (cont'd.) Sr. Code Officer Melillo indicated the City recommended certifying the fine at $25 per day in the following cases: Case #06-30/ Case #05-198~ and Case #06-342. Case #06-30 A. & Willie Mae Hankerson 320 N. W. 2nd Street Motion Based on the testimony and evidence presented in Case #06-30, Mr. Foot moved that this board find that the Respondents have 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 Respondents, that this board impose and certify a fine in the amount of $25 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that passed 5-0. Case #05-1985 John & Patricia Virgil 2880 N. E. 4th Street Motion Based on the testimony and evidence presented in Case #05-1985, Mr. Foot 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 $25 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that passed 5-0. Case #06-342 Vision Property Investment, Inc. 171 N.E. 26th Avenue Motion Based on the testimony and evidence presented in Case #06-342, Mr. Foot moved that this board find that the Respondent has not complied with this board's Order dated April 19, 2006, and having considered the gravity of the violations and the actions taken by the Respondent, 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 17, 2006 that this board impose and certify a fine in the amount of $25 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that passed 5-0. Sr. Code Officer Melillo indicated the City recommended certifying the fine at $50 per day in the following cases: Case #05-211~ Case #06-372, Case #06-210, and Case #06-381. Case #05-2118 1 Star Bowling Center II LP 1390 W. Boynton Beach Blvd. Motion Based on the testimony and evidence presented in Case #05-2118, 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 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. Carroll seconded the motion that passed 5-0. Case #06-372 Pedro Bohorquez 1536 N. Seacrest Blvd. Motion Based on the testimony and evidence presented in Case #06-372, Ms. Simshauser moved that this board find that the Respondent has not complied with this board's Order dated April 19, 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. Carroll seconded the motion that passed 5-0. Case #06-210 Scott T. Kipp 3456 N. Old Dixie Highway Motion Based on the testimony and evidence presented in Case #06-210, Ms. Simshauser moved that this board find that the Respondent has not complied with this board's Order dated April 19, 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. Carroll seconded the motion that passed 5-0. Case #06-381 John W. Field, Jr. 3320 E. Atlantic Drive Motion Based on the testimony and evidence presented in Case #06-381, Ms. Simshauser moved that this board find that the Respondent has not complied with this board's Order dated April 19, 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 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 17, 2006 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 5-0. Sr. Code Officer Melillo indicated the City recommended "No Fine" in the following cases: Case #06-143/ Case # 05-2725, Case #06-72/ Case #06-338/ and Case #06-404. Case #06-143 Marie C. Horace 113 Sea crest Court Motion Based on the testimony and evidence presented in Case #06-143, Ms. Simshauser moved that this board find that the Respondent has complied with this board's Order dated April 19, 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. Ms. Carroll seconded the motion that passed 5-0. Case #05-2725 Anicea & Jasper Harrison 3155 Orange Street Motion Based on the testimony and evidence presented in Case #05-2725, Ms. Simshauser moved that this board find that the Respondents have complied with this board's Order dated January 18, 2006, and having considered the gravity of the violations and the actions taken by the Respondents, that this board impose and certify "No Fine", including administrative costs. Ms. Carroll seconded the motion that passed 5-0. Case #06-72 Victor R. Salinas 108 S. Atlantic Drive Motion Based on the testimony and evidence presented in Case #06-72, Ms. Simshauser moved that this board find that the Respondent has 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. Ms. Carroll seconded the motion that passed 5-0. Case #06-338 Wilfred E., Ritta M., & Millicent McKenzie 90 N.W. 27th Court Motion Based on the testimony and evidence presented in Case #06-338, Ms. Simshauser moved that this board find that the Respondents have complied with this board's Order dated March 15, 2006, and having considered the gravity of the violations and the actions taken by the Respondents, that this board impose and certify "No Fine", including administrative costs. Ms. Carroll seconded the motion that passed 5-0. Case #06-404 Gregory & Rose Johnson 3290 N. Sea crest Boulevard Motion 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 17, 2006 Based on the testimony and evidence presented in Case #06-404, Ms. Simshauser moved that this board find that the Respondents have complied with this board's Order dated April 19, 2006, and having considered the gravity of the violations and the actions taken by the Respondents, that this board impose and certify "No Fine", including administrative costs. Ms. Carroll seconded the motion that passed 5-0. Sr. Code Officer Melillo declared the following cases should be tabled to June 21/2006: Case #05-2115, Case #05-526, Case #06-10, and Case #06-168. Case #05-2115 Thomas A. Jr. Tr 1399 S.W. 30th Avenue Motion Mr. Foot moved to table Case #05-2115 until the Code Compliance Board meeting to be held on June 21, 2006. Ms. Carroll seconded the motion that passed 5-0. Case #05-526 G. & Emily H. Caliendo 916 S.E. 1st Street Motion Mr. Foot moved to table Case #05-526 until the Code Compliance Board meeting to be held on June 21, 2006. Ms. Carroll seconded the motion that passed 5-0. Case #06-10 Cederick & Katherine Edwards 1521 N.E. 4th Street Motion Mr. Foot moved to table Case #06-10 until the Code Compliance Board meeting to be held on June 21, 2006. Ms. Carroll seconded the motion that passed 5-0. Case #06-168 Edoris Maddox 614 N.W. 5th Street Motion Mr. Foot moved to table Case #06-168 until the Code Compliance Board meeting to be held on June 21, 2006. Ms. Carroll seconded the motion that passed 5-0. Sr. Code Officer Melillo declared the following cases should be tabled to July 19/ 2006: Case #05-2653 and Case #05-2754. Case #05-2653 Pita General Corp 3005 S. Congress Avenue Motion Ms. Simshauser moved to table Case #05-2653 until the Code Compliance Board meeting to be held on July 19, 2006. Ms. Carroll seconded the motion that passed 5-0. Case #05-2754 Steven Plamann & Stephen W. Coz 204 S.E. 2nd Avenue Motion Ms. Simshauser moved to table Case #05-2754 until the Code Compliance Board meeting to be held on July 19, 2006. Ms. Carroll seconded the motion that passed 5-0. 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 17, 2006 Attorney Tolces noted that if any case had been tabled to June 16, 2006, the record should reflect instead the next Code Compliance Board meeting of June 21, 2006. VIII. Discussion A. Code Board Attendance Chair Costantino announced that not everyone was adhering to a previously agreed to procedure where board members call the Chairperson if they are not able to attend a scheduled meeting. She deferred to Attorney Tolces, who distributed copies of Florida Statutes Chapter 162.05. Attorney Tolces directed the board's attention to Section 162.05E and read from it as follows: 'j1n appointment to fill any vacancy on an enforcement board shall be for the remainder of the unexpired term of office. If any member fails to attend two of three successive meetings without cause and without prior approval of the Chai0 the enforcement board shall declare the members office vacant and the local governing body shall promptly fill such vacancy." He declared if the board believed this had occurred, there would need to be a motion to declare that member's office vacant and it would have to be approved by a majority of the members present at the meeting. That information would then be forwarded to the City Commission and the City Commission would fill that vacancy. Chair Costantino and Mr. Foot expressed concern about Mr. DeLiso missing several meetings. Chair Costantino maintained that Mr. DeLiso was not adhering to the policy of calling the Chairperson when not able to attend a scheduled meeting. Mr. Foot commented that of the last six meetings, Mr. DeLiso had been absent four times and this contradicted the board's governing ordinance and the Florida Statutes. Ms. Simshauser was concerned about who would replace Mr. DeLiso if the board vacated his seat. She commented they could not even get alternates for the board. Ms. Carroll believed it was a personal issue between Chair Costantino and Mr. DeLiso, which Chair Costantino denied. Ms. Carroll believed Chair Costantino and Mr. DeLiso should discuss this. Motion Mr. Foot moved that the seat held by Mr. DeLiso be considered vacated at this point and that the City be asked to replace him in that seat. Mr. Yerzy seconded the motion. Mr. Yerzy announced that he had seconded the motion for purposes of discussion. A discussion ensued, followed by a roll call vote performed by the Recording Secretary. Vote The motion passed 3-2, Ms. Carroll and Ms. Simshauser dissenting. 28 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 17, 2006 Attorney Tolces suggested some type of separate document would have to be prepared, as opposed to just forwarding the minutes to the Commission. He would work with the City Clerk to prepare a letter for the Chair's signature. Mr. Yerzy announced he would not be able to attend the lien reduction hearing on May 25. B. Code Board Workshop Chair Costantino was working on getting a workshop together but conflicting board member schedules remained unresolved. The workshop was to discuss the issues that came up at a recent Commission meeting. Mr. Foot preferred to hear from the Commission as a whole instead of just one Commissioner, if the Commission was concerned about the Code Compliance Board. Commissioner McCray had mentioned something about disbanding the Code Compliance Board at a recent meeting. Mr. Yerzy, who was at that meeting, was pleased at what Mayor Taylor said about the tenor of the board and how it handled its business. He did not see any need for a workshop unless there was further word from the Commission Chair Costantino acknowledged there was no consensus for a workshop meeting. IX. Adjournment Motion Mr. Foot moved to adjourn the meeting at 9:58 p.m. Mr. Yerzy seconded the motion that passed 5-0. Respectfully submitted, ~aM ~J Susan Collins Recording Secretary (052206) 29