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Minutes 06-21-06a MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, JUNE 21, 2006 AT 7:00 P.M. IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA Present: Michele Costantino, Chair Kathleen Carroll Kathy Cook Robert Foot (left 9:45 p.m.) Lisa Simshauser Richard Yerzy David Tolces, Assistant City Attorney Scott Blasie, Code Administrator Code Officers: Willie Webb Courtney Cain Luney Guillaume Skip Lewis Vestiguerne Pierre Pete Roy Rich Laverdure I. Call to Order Chair Costantino called the meeting to order at 7:00 p.m. She recognized Vice Mayor McKoy and welcomed him to the meeting. By board consensus, Mayor Taylor was given an opportunity to address the board at the start of the meeting. Mayor Taylor commended the board for its service on the very demanding Code Compliance Board. He recognized the difficulty of the task and applauded the members for their professionalism and efforts to uphold the standard of living for the entire community. He recalled a recent incident of what he called infighting, and admonished the board members to work as a team and leave their egos at the door. It was not necessary to like everyone, but it was necessary to put other considerations aside and work together as a team for the good of the City. He realized some did not like the results of the election to appoint a new board chair, but it had been done in a democratic fashion. He counseled the all-volunteer board members to simply step down if they were unhappy about serving on the board. He also suggested if a board member had strong feelings about another board member and wanted to discuss them, they could contact the Commissioner who appointed them and try to work it out that way. During the referenced incident, letters were written and such letters were taken up by the newspapers and became the basis of stories. The City did not want that kind of publicity as it reflected negatively on the board and on the City as a whole. The Commission became concerned about what it heard and considered what to do about it. However, Mayor Taylor wanted the board to know he read their minutes very closely and was reassured by the evidence he found that the board was working well together. For example, after discussion and an airing of opinions, the board almost always voted unanimously. He encouraged the board to continue to work together as a team and to put that team above other considerations. Vice Mayor McKoy echoed Mayor Taylor's comments and hoped the board would continue to do a good job. II. Election of 1st Vice-Chairperson and 2nd Vice-Chairperson (addressed in a separate meeting preceding this one) Meeting Minutes Code Compliance Board Regular Meeting Boynton Beach, Florida June 21, 2006 III. Approval of Minutes Motion Mr. Foot moved to approve the minutes of May 17, 2006 and May 25, 2006 as written. Ms. Simshauser seconded the motion that passed 6-0. IV. Correspondence Chair Costantino noted correspondence for board member review was in their agenda packets. V. Approval of Agenda Sr. Code Officer Skip Lewis noted the following cases complied: Case #05-1959, Case #06- 1127, Case #06-1191, Case #06-1213, Case #06-1321, and Case #06-1100. The following cases were removed: Case #06-803, Case #06-1173 Case #06-642, Case #06-988, Case #06- 701, Case #06-1116, Case #06-560. Case #06-902 was closed. Case #06-887 should be tabled to July 19, 2006. Motion Mr. Foot moved to table Case #06-887 to the July 19, 2006 Code Compliance meeting. Ms. Simshauser seconded the motion that passed 6-0. Motion Ms. Simshauser moved to approve the agenda as amended. Ms. Carroll seconded the motion that passed 6-0. VI. Swearing in of Witnesses and Introduction Attorney Tolces explained the hearing procedures and administered an oath of truthfulness to all persons that would be testifying. Sr. Code Officer Lewis determined the presence of those whose cases were on the agenda to be heard. VII. New Business A. Cases to be Heard Case #06-296 Property Address: Violation( s): Largo Pointe Homeowners Assn. 97 Largo Way Site to be maintained per plan. PT3-LDR. Chapter 4 SEC 11. Site plan maintenance required in parking lot. New parking stalls must meet City requirements. Code Officer Cain presented the case on a property that came to the board through a citizen's complaint. Service was obtained by certified mail. 2 Meeting Minutes Code Compliance Board Regular Meeting Boynton Beach, Florida June 21, 2006 Christopher and Chris Naffky, 8 Largo Way, President and Secretary respectively, of Largo Pointe Homeowner Association, pled guilty. They were having their site plan redone by an architect and had surfaced the parking lots but had not painted the white lines yet. They also needed a permit from the City to change their parking lot striping. Code Officer Cain recommended the board consider 120 days for compliance. Motion Based on the testimony and evidence presented in Case #06-296, Mr. Foot moved that this board find that Largo Pointe Homeowners Association 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 October 19, 2006. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day for each day the violations continue past October 19, 2006, plus administrative costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that passed 6-0. Case #06-1043 Property Address: Violation(s): Juan A. Rodriguez 816 S. Seacrest Boulevard CH15-ART.IX-15-120 (D) 1 INC, (E) 2C, CH20, SEC 8. E-16 Remove trash and debris in rear yard. Install sod in yard and swale. Repair or replace broken window and four inch house numbers are required on building. Code Inspector Guillaume presented the case. The violation surfaced through a routine inspection of the neighborhood on April 24, 2006. A written notice was issued giving 15 days to comply. Juan Rodriguez, 816 S. Seacrest Boulevard, pled guilty and asked for clarification from the inspector as to the preferred placement for the house numbers. Inspector Guillaume replied that was up to Mr. Rodriguez, but the numbers had to be visible from the street. Mr. Rodriguez commented the City had damaged the sod in the swale when they removed a tree felled by the hurricanes the previous year. He asked if he had to replace the sod, and Inspector Guillaume responded affirmatively. He had fixed the window, but needed time to clear the debris from the rear yard and place sod in the swale. He asked for 30 days. Motion Based on the testimony and evidence presented in Case #06-1043, Ms. Simshauser moved that this board find that Juan Rodriguez is in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondent correct the violations on or before July 21, 3 Meeting Minutes Code Compliance Board Regular Meeting Boynton Beach, Florida June 21, 2006 2006. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day for each day the violations continue past July 21, 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 6-0. Case #06-839 Property Address: Violation( s): Kevin Faber &. S. Prinyavivatkul 170 S.E. 27th Avenue BBA FBC '05105.1.1 &. 108.5 Fence installed without permit. Work prior to permit issuance. Sr. Code Officer Vestiguerne Pierre presented the case, saying the City had voided the first permit and Ms. Prinyavivatkul had presented a receipt for the new permit for the fence. The City will let her know if they have comments about her application. Serene Prinyavivatkul, 170 S.E. 27th Avenue, pled guilty and explained the permit was in process at the City. Motion Ms. Simshauser moved to table Case #06-839 to the Code Compliance Board meeting on July 19, 2006. Ms. Carroll seconded the motion that passed 6-0. Mr. Foot noted that it might be appropriate to announce the differences in the pleas: guilty, not guilty, or no contest, since it did not appear that some people were aware of this. Chair Costantino acknowledged Mr. Foot's concern. Case #06-879 Property Address: Violation( s): Christian &. Missionary Vision 2923 S. Federal Highway CH 21, ART I SEC 13 Sign face and cabinet damaged and must be repaired or replaced. Sr. Code Officer Pierre presented the case, saying the respondent was working with the insurance company on the replacement for the sign. He showed the board a letter he had received from the church explaining the situation. He felt they would probably need a permit as well. Levoyant Derisca, Church Deacon Administrator, representing Christian &. Missionary Vision, pled guilty. They had tried to fix the sign themselves, unsuccessfully. They could not afford to fix the sign without payment from the insurance company, who had all the necessary information, but had not responded with a date for settlement of the claim. They had gotten an estimate from a sign company. Mr. Foot asked to see pictures, and Code Officer Pierre showed them to the board, along with the letter from the Church. 4 Meeting Minutes Code Compliance Board Regular Meeting Boynton Beach, Florida June 21, 2006 Motion Ms. Simshauser moved to table Case #06-879 until the Code Compliance Board meeting on August 16, 2006. Mr. Yerzy seconded the motion that passed 5-1, Mr. Foot dissenting. Case #06-1206 Property Address: Violation(s): Lorenza R. Urdialez 195 S.E. 27th Court CH15-ART.IX-15-120 (D) INC, 20-6 BBC of ORD, BBA FBC '05 105.1.1 Permit required to replace fence, roof, and windows. Sod yard and remove all unregistered and inoperable vehicles. Boat must be parked on a hard surface. Remove trash and debris. Sr. Code Officer Pierre thought this had been removed during agenda review. Mr. Pierre indicated the City recommended tabling the case until the July 19 meeting. Motion Mr. Foot moved to table Case #06-1206 to the Code Compliance Board meeting on July 19, 2006. Mr. Yerzy seconded the motion that passed 6-0. After the motion, it was made clear the respondent was in the room. Code Officer Pierre advised Ms. Urdialez she could go home because the case had come into compliance. Motion Mr. Foot moved to reconsider the previous motion. Ms. Simshauser seconded the motion that passed 6-0. Motion Mr. Foot moved to amend the agenda to show that Case #06-1206 had come into compliance. Mr. Yerzy seconded the motion that passed 6-0. Case #06-1320 Property Address: Violation( s): Anita Enterprises Property, Inc. 1920 S. Federal Highway CH21 ART I SEC 13 Sign face and cabinet damaged, must repair or replace. Sr. Code Officer Pierre presented the case, saying the initial inspection had taken place on May 25, 2006. Antoinette Papaleo, 638 Snug Harbor Dr., Apt. E-3, Boynton Beach, represented the principal of Anita Enterprises, who had given her permission to speak on his behalf. The owner had gotten estimates, but was told the sign could not be repaired until December. 5 Meeting Minutes Code Compliance Board Regular Meeting Boynton Beach, Florida June 21, 2006 Mr. Foot asked for pictures and Officer Pierre showed them to the board. Ms. Cook noted there was really very little sign left. Motion Based on the testimony and evidence presented in Case #06-1320, Ms. Cook moved that this board find that Anita Enterprises Property, 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 September 19, 2006. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day for each day the violations continue past September 19, 2006, plus administrative costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that passed 6-0. Case #06-971 Property Address: Violation( s): Josephine Daffin 315 N.W. 10th Avenue PT3-LDR.CH20-VIII.SEC1.G, 2.A, and 2.F Make repairs to interior. Remove all inoperable vehicles. Sr. Code & Rehab Officer Pete Roy presented the case. The case came to light through a referral from a City department. The initial inspection was on April 12, 2006. The violation was for an unsecured building, general condition of structure and space requirements. Written notice was given on April 12, 2006 and the owner was given 30 days to comply. Service was by certified mail. Ms. Daffin was waiting for assistance from several different agencies. He also spoke to Deborah Parish at the Department of Children & Families (DCF), who were trying to get a place for Ms. Daffin's sister Katrina and her three children. Once their relocation was accomplished, Ms. Daffin could begin to address the other Code violations. Josephine Daffin, 315 N.W. 10th Avenue, explained that there were eleven people living in the three-bedroom, one-bath house including her sister and their children. DCF placed Ms. Daffin's sister in Ms. Daffin's care and she could not, in good conscience, put her out on the street. She asked for 60 days for DCF to find other living circumstances for her sister and her sister's three children. She had spoken to Vince Johnson of the CRA in the past, asking for assistance in getting a larger house. He had asked her if she would consider selling her house if she had a larger one, and she responded she would. A considerable debate ensued on this issue. Attorney Tolces read the applicable section of the Code and the minimum space requirements with respect to dwelling units, whether the dwelling was occupied by family members or not. Most board members agreed the dwelling was overcrowded. Ms. Daffin indicated she had come to Boynton Beach in 1998 and had since experienced multiple problems with her house and with Code Compliance. The City had put in a window for her and fixed her ceiling. However, she still had hole in a wall put there by the Fire Department and no one had ever offered to fix it. Her cabinets were corroded because when her bathroom 6 Meeting Minutes Code Compliance Board Regular Meeting Boynton Beach, Florida June 21, 2006 got fixed, the water leaked onto the cabinets. She had to pull the carpet up because the house was flooded. She was a first-time homeowner and did not realize what she was getting into. Motion Based on the testimony and evidence presented in Case #06-971, Ms. Simshauser moved that this board find that Josephine Daffin 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 September 19, 2006. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $1 per day for each day the violations continue past September 19, 2006, plus administrative costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion!.... th<:lt p<:lsscd 6 O. Ms. Simshauser confirmed she meant the proposed fine to be $1.00 per day, since she felt Ms. Daffin had her hands full with the situation. The Recording Secretary called the roll. The motion passed 4-2. with Mr. Foot and Ms. Cook dissenting. Case #06-985 Property Address: Violation{ s): Guy W. &. Marie A. Francois 2450 N. Seacrest Boulevard CH15-ART.IX-15-120 (D) 1 INC Remove all loose trash and debris. Remove all unlicensed and inoperable vehicles from yard and repair driveway. Sr. Code Officer Willie Webb presented the case. The violations were noticed during a routine inspection of the neighborhood. The initial inspection was on April 18, 2006. A written notice was issued giving fifteen days to come into compliance. Service was obtained through certified mail. There were no hurricane hazards and the City recommended 30 days for compliance. Guy Francois, 2450 N. Seacrest Boulevard, asked for help with translating Creole into English and Sr. Code Officer Pierre assisted. He pled no contest and asked for 30 days. Motion Based on the testimony and evidence presented in Case #06-985, Ms. Carroll moved that this board find that Guy W. & Marie A. Francois are in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondents correct the violations on or before July 21, 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 July 21, 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 #06-1111 Property Address: Sara Y. Woody 3491 Orange Street 7 Meeting Minutes Code Compliance Board Regular Meeting Boynton Beach, Florida Violation(s): June 21, 2006 BBA FBC '05 105.1.1, CH 20 SEC 8 E-16 Obtain permit for structure in rear yard. Place four-inch house numbers on building visible from City right-of-way. Sr. Code Officer Webb presented the case that was a result of a routine neighborhood inspection. Service was obtained through certified mail. A written notice was issued giving 10 days to comply. Sara Woody, 3491 Orange Street, pled no contest. She indicated she had put the house number up but was still trying to get a permit for the shed from the Building Department. She was now waiting for a new survey, since the survey she submitted to the Building Department did not have a signature on it. As soon as she got the permit, she could erect the shed. She had purchased an Arrow shed from Home Depot, believing it was in the correct product code/classification. She had kept Mr. Webb informed of her progress. The hurricane had blown down a shed that had been built without a permit. Motion Based on the testimony and evidence presented in Case #06-1111, Mr. Yerzy moved that this board find that Sara Y. Woody 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 20, 2006. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day for each day the violations continue past August 20, 2006, plus administrative costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed 6-0. Case #06-1163 Property Address: Violation(s): Idovia Alexis &. Lyly Nicolas 2657 N.E. 4th Street CH15-ART.IX-15-120 (D) 1 INC, PT3-LDR.CH2. SEC 6.B.l Remove loose trash and debris and outside storage of items that are hurricane hazards. Repeat violations. Sr. Code Officer Webb reported this case had come to light through a routine inspection on May 10, 2006. Written notice giving 10 days to comply was given. There were tires, televisions, and what looked like a collection of scrap metal in the back yard. Service was obtained through certified mail. At one point there was a school bus full of "stuff" in the driveway, but that bus had been moved and cited at a nearby location. This was a repeat violator and staff recommended a Cease and Desist Order. Idovia Alexis, 2657 N.E. 4th Street, pled guilty and asked for 30 days. He stated he would have it all cleaned up by that time. 8 Meeting Minutes Code Compliance Board Regular Meeting Boynton Beach, Florida June 21, 2006 Code Officer Webb showed four pictures to the board and there was some discussion. Motion Based on the testimony and evidence presented in Case #06-1163, Mr. Yerzy moved that this board find that Idovia Alexis and Lyly Nicolas are in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondents correct the violations on or before July 21, 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 July 21, 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 #06-1163, Mr. Foot moved that a Cease and Desist Order be issued giving Idovia Alexis and Lyly Nicolas until July 21, 2006 to bring the violations of City of Boynton Beach Code Sections as cited into compliance. The board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that a fine in the amount of $100 per reoccurrence of the violation thereafter shall be imposed upon the Respondents. Ms. Cook seconded the motion that passed 6-0. VIII. Old Business A. Lien Penalty Certifications (Tabled) Case #06-168 Edoris Maddox 614 N.W. 5th Street Sr. Code & Rehab Officer Pete Roy reported the notice of violation in this case had been issued on January 27, 2006 for a car trailer in the yard. A Code Compliance Board hearing was held on April 19, 2006 and no one appeared. The board set a compliance date of April 29, 2006 and proposed a fine for non-compliance of $75 per day. The violations still exist. The City recommended tabling due to circumstances beyond Mr. Maddox' control. He explained that Mr. Maddox had cleaned up the trash and debris and all that remained was the car trailer. Edoris Maddox, 614 N.W. 5th Street, declared he had a van in the back yard and the company that removed the van was supposed to take the car trailer also but did not do so. He was trying to find another company to take the car trailer. Motion Ms. Carroll moved to table Case #06-168 until July 19, 2006. Mr. Foot seconded the motion that passed 6-0. Case #06-554 Anael F. Lambert 50 S. Palm Drive Sr. Code Officer Webb reported the notice of violation had been issued on March 7, 2006 for numerous Code violations, including an electrical life/safety issue that still existed. This 9 Meeting Minutes Code Compliance Board Regular Meeting Boynton Beach, Florida June 21, 2006 particular board Order was the one for the life/safety issue. Mr. Lambert had applied for a permit and an electrician had put in a new electrical panel in the wall that was scheduled for inspection by Florida Power & Light on the day after this meeting. FP&L would also remove the wiring from the old panel and put wiring in the new one. Anael Lambert, 50 S. Palm Drive, stated he had cleaned the yard and the debris was ready for pick-up. Mr. Foot asked if the tenants were still present, and Mr. Lambert indicated they were and they had no place else to go and were looking for a house. Code Officer Webb showed pictures of the house to the board. Mr. Lambert indicated he was trying hard to comply, but he could not pressure the City to get him a permit; it was first come, first served. His needs had to fit the City's schedule. He noted the tenants did not have a car and Chair Costantino replied there was a bus stop at the end of the street. Ms. Carroll noted there was a homeless shelter in Boynton Beach for families with children. There was one ministry that worked with Haitian families and another that worked with another group of families and they could possibly secure housing for his tenants. She thought that living in a homeless shelter with proper electricity and plumbing, walls, and windows would be preferable to living in a house that had been deemed uninhabitable by the City. The board had now given Mr. Lambert three months to tell the tenants they had to be relocated. So far, nobody had been harmed, but there were still no windows, for example. The discussion turned to other issues with the house, but Mr. Blasie pointed out that this board order was only concerned with the life/safety issue and that had largely been met and should be rectified in the next few days. Mr. Webb explained there was still a hole in the kitchen where a switch used to be and wires were visible. That was one of his main concerns and was the only life/safety issue remaining. It could be covered with a plate to secure it. Mr. Foot inquired whether FPL checked out premises before they connected power to a new circuit breaker. He asked whether the board had any assurance FPL would let the City know that the bad box had been covered up. Mr. Blasie did not have a definitive answer on that, although he assumed they would. Code Officer Pierre stated when the electrician pulled the permit from the City and called for an inspection, the City Inspector had to call FPL to connect it after the inspection. Mr. Blasie said he also had a City permit for the other electrical issues at the house. Motion Mr. Foot moved to table Case #06-554 until July 19, 2006. Ms. Simshauser seconded the motion that passed 6-0. 10 Meeting Minutes Code Compliance Board Regular Meeting Boynton Beach, Florida June 21, 2006 Case #06-554 Anael F. Lambert 50 S. Palm Drive Sr. Code Officer Webb reported this was the second board Order on the property just discussed. The notice of violation and Code violations were the same as the previous case. A hearing was held on April 19, 2006 and Mr. Lambert appeared. A compliance date of June 3, 2006 was set and a fine for non-compliance was proposed at $50 per day. The violations still existed although some progress had been made. Anael F. Lambert, 50 S. Palm Drive, remained at the podium. Chair Costantino asked Mr. Webb what remained to be done. Mr. Webb responded the doors, cabinets and inside work had to be done, but the yard had been cleaned up. Mr. Lambert responded he could not get in to do any of the work until the tenants were gone. When he fixed things, they tore them up. Motion Ms. Cook moved to table Case #06-554 until July 19, 2006. Mr. Foot seconded the motion that passed 6-0. Case #05-2800 Justin Scarpelli 412 S.E. 21st Avenue Sr. Code Officer Pierre reported the violation had been issued on December 19, 2005 to de- weed and sod yard, repair screened porch, and remove trash and debris. A Code Compliance Board hearing was held on April 19, 2006 and no one appeared. The property was posted. The board set a compliance date of May 19, 2006 or $25 per day if not complied. The sod remained to be done. Justin Scarpelli, 199 W. Palmetto Park Road, Boca Raton, declared he had been having health problems and was hospitalized in New York. He said the sod could be down in 60 days. The delay was because he wanted to coat the driveway with a black sealant, and did not want to do the sod until the driveway was done. He had not received any notices, but he had called Inspector Pierre and left messages. Mr. Scarpelli was reminded it was his responsibility as a property owner to provide his correct address to the Property Appraiser's office and if he did not do so, it was not the board's responsibility to try to find him. Motion Mr. Foot moved to table Case #05-2800 to August 16, 2006. Ms. Carroll seconded the motion that passed 6-0. VII. Cases to be Heard (continued) B. Previously Tabled Case #06-995 Property Address: Thelmar &. Jessie M. Patterson 536 N.W. 11th Avenue 11 Meeting Minutes Code Compliance Board Regular Meeting Boynton Beach, Florida Violation( s): June 21, 2006 BBA FBC '05 105.1.1, BBA to FBC '04 109.3 Permit required and inspections for roofing. Sr. Code & Rehab Officer Roy reported the case had resulted from a referral by a City department. The initial inspection took place on April 19, 2006. A re-roof was done without benefit of a permit. He had spoken to Mr. Patterson's son of their need to obtain a contractor. Attorney Tolces swore in latecomers. Anton Patterson, 538 N.W. 11th Avenue, spoke for his mother, Jessie Patterson, who had authorized him to speak on her behalf. He pled guilty and asked for 60 days. The contractor he had chosen, Florida Builders, was on vacation and he wanted to wait until he got back so he could get the permit. Code Officer Roy commented the licensed contractor had done the work and should be able to pull a permit in a few days once he was back from vacation. Motion Based on the testimony and evidence presented in Case #06-995, Ms. Cook moved that this board find that Thelmar & Jessie M. Patterson 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 August 20, 2006. The board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25 per day for each day the violations continue past August 20, 2006, plus administrative costs, shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed 6-0. IX. Lien Reduction Case #05-1563 Boynton Beach Property Holdings 410 E. Boynton Beach Blvd. Mr. Blasie reported the notice of violation notice was issued on July 11, 2005 for permits and repairs to be performed by licensed contractors. A Code Compliance Board hearing was held on August 17, 2005 and no one appeared. The board set a compliance date of August 27, 2005 and proposed a fine of $50 a day for non-compliance. The property came into compliance on October 14, 2005. Mr. Blasie commented there were some extenuating circumstances. The violations were on the interior of the building. He had pictures of the exterior and interior of the building when they were in violation, but only had the exterior pictures with him today. He had inspected the interior and all the violations had been corrected. Sally Ollarvida, 410 E. Boynton Beach Boulevard, appeared on behalf of Arthur D'Almeida, the managing member of Boynton Beach Property Holdings, at his direction and with his consent. The property was owned by an LLC, and when the property had been cited in July of 2005, the LLC was under different ownership. Problems had arisen among 12 Meeting Minutes Code Compliance Board Regular Meeting Boynton Beach, Florida June 21, 2006 the LLC members, and the property itself was in foreclosure. In October of 2005, one of the members of the LLC bought out the other two owners of the LLC. Ms. Ollarvida's office handled the negotiations and at that time, a title and lien search was ordered. That was when they learned of the Code violation. They immediately took steps to apply for the permits and on October 14, 2005, a permit was obtained for the re-roof. The closing for the LLC ownership change took place on October 17, 2005. In the meantime, the re-roof was underway and got completed in the days following Hurricane Wilma. At this time, Ms. Ollarvida's employer, Arthur D'Almeida, bought 50% of the interest in the LLC. Once the LLC came under new ownership, they became aware of the Code violation and steps were taken to correct the violation. An inspection was performed on February 6, 2006 and six things were noted, all of which were addressed. They also evicted the tenant who had been causing the debris problem and overloading of the dumpsters. The new LLC had spent approximately $31K on the property. They had significantly improved a building that had been an eyesore and asked the lien be rescinded. Motion Based on the testimony and evidence presented in Case # 05-1563, and having been advised that the Respondents have complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this board reduce the fines instituted in Case #05-1563, by virtue of this board's Order of August 17, 2005, to an amount of $634.12 including administrative costs. The motion died for lack of a second. Motion Based on the testimony and evidence presented in Case #05-1563, and having been advised that the Respondents have 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 #05-1563, by virtue of this board's order of August 17, 2005, and that the lien imposed by that Order be released. Ms. Simshauser seconded the motion. Mr. Foot believed that the City had handled the case correctly and the City should at least recover its expenses. In a roll call vote, the motion to rescind the fine failed 2-3, Chair Costantino, 1st Vice Chair Yea)!, Mr. Foot dissenting (Ms. Cook was out of the room). Motion Based on the testimony and evidence presented in Case # 05-1563, and having been advised that the Respondents have complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this board reduce the fines instituted in Case #05-1563, by virtue of this board's Order of August 17, 2005, to an amount of $634.12 including administrative costs. Mr. Yerzy seconded the motion. In a roll call vote, the motion passed 4-2, Ms. Carroll and Ms. Simshauser dissenting. (Ms. Cook had returned to the room.) 13 Meeting Minutes Code Compliance Board Regular Meeting Boynton Beach, Florida Case #04-1403 Alves Neto Leobino June 21, 2006 205 S.W. 4th Street Mr. Blasie reported this property had originally been cited on June 23, 2004 for a building permit required for a fence and shed. A Code Compliance Board hearing was held on October 20, 2004 and no one appeared. The board set a compliance date of October 30, 2004 and proposed a fine for non-compliance of $25 per day. The property came into compliance on June 14, 2006. Frank Morales, 205 S.W. 4th Street, Boynton Beach, appeared as the new property owner. Mr. Blasie indicated the lien and permit had been in Mr. Leobino's name and so Mr. Morales, the new owner, was appearing on this case. Mr. Morales became the owner in December of 2004. When asked if he had been aware of the lien, Mr. Morales responded in the affirmative. The fence was in compliance in December of 2004. Mr. Morales had experienced much difficulty with the maintenance of the pool, since it had a vinyl liner that leaked. By March of 2005, they had the vinyl liner replaced, but the pool company clogged one of the pipes and the water stayed green. He could not get an inspection because the pool looked dirty. At that point the hurricane hit and he still had problems with the pool. The pool had now been drained and refilled for the third time. The pipe was cleared, and all appeared to be in working order. His roof was ripped off during the hurricane and had now been replaced. The roofing company had put a trailer in front of the house and broke all the bricks in the driveway when pulling out a dumpster. This was another reason he could not get an inspection done. He had taken the shed down. Motion Based on the testimony and evidence presented in Case # 04-1403, and having been advised that the Respondent had 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. Cook moved that this board reduce the fines instituted in Case #04-1403, by virtue of this board's Order of October 20, 2004, to an amount of $826.18 including administrative costs. Mr. Yerzy seconded the motion that passed 5-1, Ms. Carroll dissenting. Case #04-2891 Richard K. &. Sherri L. Guthrie 2126 N.E. 3rd Street Mr. Blasie reported the notice of violation had been issued on December 29, 2004 to remove junk cars, auto parts, trash, debris and trailers. It was also to re-sod dead areas of yard and swale and remove outdoor storage from the carport. A Code Compliance Board hearing was held on February 16, 2005 and Justin Guthrie, son of Richard and Sherri Guthrie, appeared. The Board set a compliance date of April 17, 2005 and proposed a fine for non-compliance of $100 per day. The property came into compliance on June 20, 2006. Mr. Blasie showed pictures to the board taken in January, April, and May of 2005 and on June 21, 2006. Sherrie Guthrie, 2126 N.E. 3rd Street, appeared. Her husband had been in an accident on the day of this meeting. Ms. Guthrie detailed a long chronology of physical ailments that had led to her son and his wife moving in to help care for her. They were trying to refinance the house and payoff Chapter 13 debts. She asked the lien be rescinded so they would not become homeless. She apologized for the violations she had allowed to happen on her property. 14 Meeting Minutes Code Compliance Board Regular Meeting Boynton Beach, Florida June 21, 2006 In questioning from the board, it was determined that the violations had been corrected. There was no longer any debris or trash and the sod had been donated to them. Motion Based on the testimony and evidence presented in Case #04-2891, and having been advised that the Respondents have 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. Cook moved that this board rescind the fine instituted in Case #04-2891, by virtue of this board's order of February 16, 2005, and that the lien imposed by that Order be released. Ms. Carroll seconded the motion. VII. New Business C. Cases to be Heard (New) - Continued Case #06-1079 Property Address: Violation( s): Jean Dubique 3140 E. Atlantic Drive 104.7.5 BBA '01 BC, 105.11 BBA Inspection required - work commenced before issuance of permit. Sr. Code Officer Webb reported this case was a referral from the Building Department. The initial inspection was on April 2, 2006 for work before permit issued. A written notice giving 10 days to comply was given. Service was obtained via certified mail. Jean Dubique, 3140 E. Atlantic Drive, Boynton Beach, pled no contest and apologized for being late, saying his car would not start. Mr. Dubique indicated he had installed a window by himself without a permit in 2004. When he became aware of the violation, he thought it would be a simple matter to apply for and get a permit. However, it became a structural problem when he realized the previous owners had enclosed the carport without a permit. Mr. Dubique commented this was his fifth or sixth time to discuss this issue with the City. As a teacher, he could work to get things done. He had been working on this for two years and now he had to start all over again. He was concerned that the Building Department had not analyzed the situation thoroughly to give him the appropriate advice. Chair Costantino responded the Code Compliance Board could not address that issue. Motion Based on the testimony and evidence presented in Case #06-1079, Ms. Cook moved that this board find that Jean Dubique 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 20, 2006. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day for each day the violations continue past August 20, 2006, plus administrative costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that passed 6-0. 15 Meeting Minutes Code Compliance Board Regular Meeting Boynton Beach, Florida June 21, 2006 Mr. Blasie suggested Mr. Dubique start with the Building Official first and work his way up from there. Mr. Foot left the meeting at 9:45 p.m. Case #03-2123 Property Address: Violation( s): Ridgepointe Woods Association 23 Ridgepointe Drive PT3-LDR.CH7.5-II. SEC5-B. Removal of 25 ficus trees from common area without obtaining a tree permit; site landscape plan not maintained as originally approved. Mr. Blasie recommended tabling this case to the May 16, 2007 meeting. The condo association was having a hard time from hurricane damage. They had presented a plan to Mr. Blasie for tree replacement, five at a time, over a ten-year period. Motion Ms. Cook moved to table Case #03-2123 to May 16, 2007. Ms. Carroll seconded the motion that passed 5-0. Code Officer Cain advised Case #s 05-1713 and 05-1715 had come into compliance. Mr. Yerzy left the room at 9:49 p.m. Motion Ms. Cook moved to dismiss Case #'s 05-1713 and 05-1715. Ms. Simshauser seconded the motion that passed 4-0. Case #03-692 Property Address: Violation( s): Simon 801 N. Congress Avenue PT3-LDR.CH 4-SEC.ll, CH 7.5-11. SEC 5-B. Replace all missing or dead trees and plant material to comply with site plan on file with the City. Sr. Code & Rehab Officer Roy recommended this case be tabled until January 17, 2007. Motion Ms. Simshauser moved to table Case #03-692 until January 17, 2007. Ms. Carroll seconded the motion that passed 4-0. Case #06-1179 Property Address: Violation( s): 1420 Holdings, Owner 1420 S.W. 30th Avenue 11 CH 2.5-3 &. CH 2.5-7 Atlantic Granite Inc. (tenant) Alarm operating permit is required in the form of a decal authorizing the use 16 Meeting Minutes Code Compliance Board Regular Meeting Boynton Beach, Florida June 21, 2006 of such alarm. The decal shall be displayed at the main entry or a conspicuous place at the front of the premises. Mr. Blasie indicated this property was cited for an operating decal for their alarm system. He suggested a compliance date of July 21, 2006. Motion Based on the testimony and evidence presented in Case #06-1179, Ms. Cook moved that this board find that 1420 Holdings, 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 July 21, 2006. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day for each day the violations continue past July 21, 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. Case #06-1195 Property Address: Violation( s): Roger &. Angela F. McKennon 225 N.W. 3rd Avenue CH 2.5-3 &. CH 2.5-7 Alarm operating permit required in the form of a decal authorizing the use of such alarm. The decal shall be displayed at the main entry or a conspicuous place at the front of the premises. Mr. Blasie indicated this property was cited for the lack of a decal for their alarm. He recommended a compliance date of July 21, 2006. Motion Based on the testimony and evidence presented in Case #06-1195, Ms. Carroll moved that this board find that Roger & Angela F. McKennon are in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondents correct the violations on or before July 21, 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 July 21, 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 4-0. Case #06-618 Property Address: Violation(s): Donald &. Deborah Thomas 411 N.W. 1st Avenue 10-2 BBC ofORD 17 Meeting Minutes Code Compliance Board Regular Meeting Boynton Beach, Florida June 21, 2006 Mow yard, sod yard and swale wherever dead or bare spots occur. Code Officer Cain reported this property had been cited on March 10, 2006. He recommended a compliance date of July 21, 2006. Motion Based on the testimony and evidence presented in Case #06-618, Ms. Cook moved that this board find that Donald & Deborah Thomas are in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondents correct the violations on or before July 21, 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 July 21, 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 4-0. Case #06-644 Property Address: Violation(s): Zambelia Allen 206 S.W. 3rd Street 10-2 BBC of ORD, PT3-LDR.CH2. SEC 5.D.l, CH15-ART.IX-15-120 (D) INC, 13-16 BBC of ORD, ORD 05-073 Remove trailer. Remove or replace fence. Clean pool. Sod yard and swale where dead or bare spots occur. Permit required to turn a single-family house into a triplex. Repair roof. Occupational license required to rent house. Code Officer Cain stated the City recommended a compliance date of July 21, 2006 Motion Based on the testimony and evidence presented in Case #06-644, Ms. Cook moved that this board find that Zambelia Allen is in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondent correct the violations on or before July 21, 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 July 21, 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 4-0. Case #06-1291 Property Address: Violation( s): Aracely Garcia and Ramiro Gomez 2580 S.W. 10th Circle 13-16 BBC of ORD 18 Meeting Minutes Code Compliance Board Regular Meeting Boynton Beach, Florida June 21, 2006 An occupational license is required to rent house. Code Officer Cain recommended a compliance date of July 1, 2006. Mr. Yerzy returned to the room. Motion Based on the testimony and evidence presented in Case #06-1291, Ms. Cook moved that this board find that Aracely Garcia & Ramiro Gomez are in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondents correct the violations on or before July 1, 2006. The board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past July 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. Cook seconded the motion that passed 5-0. Case #06-1292 Property Address: Violation(s): Ramiro Gomez &. A. Garcia 1321 S.W. 27th Place 13-16 BC of ORD. Occupational license required to rent house. Code Officer Cain recommended a compliance date of July 1, 2006. Motion Based on the testimony and evidence presented in Case #06-1292, Ms. Carroll moved that this board find that Ramiro Gomez and Aracely Garcia are in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondents correct the violations on or before July 1, 2006. The board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past July 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 5-0. Case #06-819 Property Address: Violation( s): Aretus Alfred 117 S.E. 12th Avenue CH15-ART.IX-15-120 (D) 1 INC, 13-16 BBC of ORD. Repair or replace driveway apron. Repair or replace wooden fence. Occupational license required for rental property. Code Inspector Guillaume recommended a compliance date of July 21, 2006. 19 Meeting Minutes Code Compliance Board Regular Meeting Boynton Beach, Florida June 21, 2006 Motion Based on the testimony and evidence presented in Case #06-819, Ms. Simshauser moved that this board find that Aretus Alfred is in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondent correct the violations on or before July 21, 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 July 21, 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 #06-1225 Property Address: Violation(s): Robert J. Manze Partnership L TD 8562 Lawrence Road 20-6 BBC of ORD, PT3-LDR.CH2. SEC 6.B.5 Remove all outside storage and clean up all outside areas. Sr. Code Officer Laverdure recommended a compliance date of July 21, 2006. Motion Based on the testimony and evidence presented in Case #06-1225, Ms. Carroll moved that this board find that Robert J. Manze Partnership L TD is in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondent correct the violations on or before July 21, 2006. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day for each day the violations continue past July 21, 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 #06-1134 Property Address: Violation(s): Connie M. Carrier 428 N.E. 20th Avenue ART.II SEC 10-24 (A.l), CH15-ART.IX- 15-120 (D) (E), 20-6 BBC of ORD, 20-8 Occupying Private Property PT3- LDR.CH2. SEC.4.N &. 5.D.l Remove all inoperable automobiles, trailer, auto parts, trash, and debris from property and swale areas. Cease dumping on adjacent property to the west. Occupancy of R.V. not allowed in this zone. Fascia needs repair and painting. Auto repair not allowed in this zoning district. Cease any repairs. Bulk trash placement not allowed 20 Meeting Minutes Code Compliance Board Regular Meeting Boynton Beach, Florida June 21, 2006 more than 24 hours before pickup day (Thursday). Sr. Code Officer Lewis declared this homeowner was a repeat offender. The City recommended compliance by July 1, 2006. Motion Based on the testimony and evidence presented in Case #06-1134, Ms. Cook moved that this board find that Connie M. Carrier is in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondent correct the violations on or before July 1, 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 July 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 #06-1274 Property Address: Violation( s): Daniel &. Woyaline F. Dirogene 1635 N.E. 4th Court CH15-ART.IX-15-120 (D) INC., CH10- ARTII-l0-24 INCL/BBC of ORD Remove bulk trash, tree debris pile from property. Remove inoperable vehicles from the property. Sr. Code Officer Lewis declared the City recommended a compliance date of July 1, 2006. Motion Based on the testimony and evidence presented in Case #06-1274, Ms. Carroll moved that this board find that Daniel & Woyaline F. Dirogene are in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondents correct the violations on or before July 1, 2006. The board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past July 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 5-0. Case #06-755 Property Address: Violation(s): U-Haul Company of Fla 905 LLC 1319 n. Federal Highway BBA FBC '05 105.1.1, CH21-ART. I SEC 5 BBCO, BBA FBC '05 108.5 Obtain permit for asphalt overlay, re- striping and sign face change out. Work begun without permit. Sr. Code & Rehab Officer Roy stated the City recommended a compliance date of July 21, 2006. 21 Meeting Minutes Code Compliance Board Regular Meeting Boynton Beach, Florida June 21, 2006 Motion Based on the testimony and evidence presented in Case #06-755, Mr. Yerzy moved that this board find that U-Haul Company of FLA 905 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 July 21, 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 July 21, 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#06-361 Property Address: Violation( s): Riskus Michael 3617 S.E. 2nd Court CH-15-ARTA.IX-15-120 (D) INC Sod front yard. Sr. Code Officer Pierre noted this case had come into compliance. Motion Ms. Carroll moved to dismiss Case #06-361. Ms. Simshauser seconded the motion that passed 5-0. Case #06-876 Property Address: Violation( s): Minai Giri 3651 S.E. 2nd Street CH15-ART.IX-15-120 (D) INC De-weed and resod yard. Sr. Code Officer Pierre noted this case had come into compliance. Motion Ms. Carroll moved to dismiss Case #06-876. Ms. simshauser seconded the motion that passed 5-0. Case #06-884 Property Address: Violation(s): James L. &. Marilyn Snowden 2617 S. Federal Highway CH21 ART I SEC 13 Sign face and cabinet damaged. Repair or replace Sr. Code Officer Pierre recommended July 21, 2006 for compliance. Motion Based on the testimony and evidence presented in Case #06-884, Ms. Cook moved that this board find that James L. & Marilyn Snowden are in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondents correct the violations on or before July 21, 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 22 Meeting Minutes Code Compliance Board Regular Meeting Boynton Beach, Florida June 21, 2006 Respondents do not comply with this Order, a fine in the amount of $25 per day for each day the violations continue past July 21, 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 #06-1205 Property Address: Violation( s): Anand Patel LLC 2201 S. Federal Highway CH15-ART.IX-15-120 (D), INC. &. (E) 1 Remove dead trees and trim hedges. Remove trash and debris and remove vehicles. Replace broken windows and door. Sr. Code Officer Pierre stated the City recommended July 1, 2006 for compliance. Motion Based on the testimony and evidence presented in Case #06-1205, Ms. Carroll moved that this board find that Anand Patel 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 July 1, 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 July 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. Mr. Yerzy seconded the motion that passed 5-0. Case #06-1094 Property Address: Violation( s): A. Coleman, Jr. 433 N.W. 5th Avenue CH15-ART.IX-15-120 (D) INC. Remove all trash and debris and unregistered vehicles from property. Sr. Code & Rehab Officer Roy stated the City recommended a compliance date of July 1, 2006. Motion Based on the testimony and evidence presented in Case #06-1094, Mr. Yerzy moved that this board find that A. Coleman, Jr. is in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondent correct the violations on or before July 1, 2006. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day for each day the violations continue past July 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. Cook seconded the motion that passed 5-0. 23 Meeting Minutes Code Compliance Board Regular Meeting Boynton Beach, Florida June 21, 2006 Case #06-1253 Property Address: Violation( s): Tangiers Development LLC 133 N.W. 10th Avenue CH15-ART.IX-15-120 (D). INC &. (E) Repair/ replace windows and doors on all units. Remove all unregistered and/or inoperable vehicles. Remove all trash and debris front and rear. Replant landscape material and remove trashcans out of sight of the street. Repair and re-sod trash hole. Sr. Code & Rehab Officer Roy stated the City recommended a compliance date of July 21, 2006. Motion Based on the testimony and evidence presented in Case #06-1253, Mr. Yerzy moved that this board find that Tangiers Development 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 July 21, 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 July 21, 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 #06-1303 Property Address: Violation(s): Vitay J. Joseph &. Marie Wright 426 N.W. 8th Avenue CH15-ART.IX-15-120 (D) &. (E) INC Repair shutters. Repair damaged wood, fascia, etc. Remove all unregistered vehicles. Remove all trash from property including pile in front. Sr. Code & Rehab Officer Roy stated the City recommended a compliance date of July 21, 2006. Motion Based on the testimony and evidence presented in Case #06-1303, Ms. Simshauser moved that this board find that Vitay J. Joseph & Marie Wright are in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondents correct the violations on or before July 21, 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 July 21, 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. 24 Meeting Minutes Code Compliance Board Regular Meeting Boynton Beach, Florida June 21, 2006 Case #06-1158 Property Address: Violation( s): Lydia Mass 2411 N.E. 4th Street CH15-ART.IX-15-120 (D) 1 INC, CH 20 SEC. 8 E-16 Please place 4-inch house numbers on building visible from the City right-of-way and trim hedges. Sr. Code Officer Webb stated the City recommended a compliance date of July 1, 2006. Motion Based on the testimony and evidence presented in Case #06-1158, Ms. Simshauser moved that this board find that Lydia Mass is in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondent correct the violations on or before July 1, 2006. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day for each day the violations continue past July 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. VIII. Lien Penalty Certifications (cont'd.) Sr. Code Officer Lewis declared Case #06-101 should be certified at $25 per day. Case #06-101 Darvin L. Russell 1920 N. Seacrest Boulevard Motion Based on the testimony and evidence presented in Case #06-101, 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, the actions taken by the Respondent, that this board impose and certify a fine in the amount of $25 per day plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that passed 5-0. Sr. Code Officer Lewis declared Case #06-680 should be certified at $50 per day. Case #06-680 Paul Plunkett S.w. 30th Avenue Motion Based on the testimony and evidence presented in Case #06-680, Ms. simshauser moved that this board find that the Respondent has not complied with this Board's Order dated May 17, 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 25 Meeting Minutes Code Compliance Board Regular Meeting Boynton Beach, Florida June 21, 2006 is entered based upon this certification of fine. Ms. Carroll seconded the motion that passed 5-0. Sr. Code Officer Lewis declared the following cases should be certified as "No Fine": Case #05- 2115, Case #05-526, Case #06-514, Case #06-515, Case #06-10, Case #06-922, Case #06- 359, Case #06-77, Case #06-709, Case #06-356, Case #06-536, and Case #06-539. Case #05-2115 Thomas A. Thomas Jr. Tr 1399 S.W. 30th Avenue Motion Based on the testimony and evidence presented in Case #05-2115, Mr. Yerzy 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, 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 #05-526 G. &. Emily H. Caliendo 916 S.E. 1st Street Motion Based on the testimony and evidence presented in Case #05-526, Mr. Yerzy moved that this board find that the Respondent has 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. Carroll seconded the motion that passed 5-0. Case #06-514 Raymond T. Zompa 416 S.W. 5th Avenue Motion Based on the testimony and evidence presented in Case #05-514, Mr. Yerzy 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, 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 #06-515 Franco Elysee &: Marie Volcy 216 S.W. 5th Avenue Motion Based on the testimony and evidence presented in Case #06-515, Mr. Yerzy 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, 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 #06-10 Cederick &. Katherine Edwards 1521 N.E. 4th Street 26 Meeting Minutes Code Compliance Board Regular Meeting Boynton Beach, Florida June 21, 2006 Motion Based on the testimony and evidence presented in Case #06-10, Mr. Yerzy moved that this board find that the Respondent has complied with this Board's Order dated February 15, 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. Carroll seconded the motion that passed 5-0. Case #06-922 L &. F Realty Corp., Exxon Food Mart 217 N. Federal Highway Exxon Mobil Corp. Motion Based on the testimony and evidence presented in Case #06-922, Mr. Yerzy moved that this board find that the Respondent has complied with this Board's Order dated May 17, 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. Carroll seconded the motion that passed 5-0. Case #06-359 Claire Sparks 2780 S. Evergreen Circle Motion Based on the testimony and evidence presented in Case #06-359, Mr. Yerzy 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, 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 #06-77 Pedro V. &. Melchora Jose, Gaspar Tomas &. Isabel Velasquez 1417 S. Sea crest Blvd. Motion Based on the testimony and evidence presented in Case #06-77, Mr. Yerzy 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, 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 #06-709 Perry L. Mitchell N.E. 10th Avenue Motion Based on the testimony and evidence presented in Case #06-709, Mr. Yerzy moved that this board find that the Respondent has complied with this Board's Order dated May 17, 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. Carroll seconded the motion that passed 5-0. 27 Meeting Minutes Code Compliance Board Regular Meeting Boynton Beach, Florida June 21, 2006 Case #06-356 Susan M. &. Rita McAvey 109 S.E. 29th Avenue Motion Based on the testimony and evidence presented in Case #06-356, Mr. Yerzy 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, 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 #06-536 David L. Levin &. Tracy Briscuso 411 S.W. 9th Avenue Motion Based on the testimony and evidence presented in Case #06-536, Mr. Yerzy moved that this board find that the Respondent has complied with this Board's Order dated May 17, 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. Carroll seconded the motion that passed 5-0. Case #06-539 Serge Alcin, Nerlie &. Lifilia Escarment 426 S.W. 8th Avenue Motion Based on the testimony and evidence presented in Case #06-539, Mr. Yerzy moved that this board find that the Respondent has complied with this Board's Order dated May 17, 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. Carroll seconded the motion that passed 5-0. Sr. Code Officer Lewis recommended tabling Case #06-648 and Case #06-710 to July 19, 2006. Case #06-648 Joselyn Chery 220 S. W. 1st Street Motion Ms. Carroll moved to table Case #06-648 to July 19, 2006. Mr. Yerzy seconded the motion that passed 5-0. Case #06-710 Larry B. Adams 1990 N.E. 2nd Lane Motion Ms. Carroll moved to table Case #06-710 to July 19, 2006. Mr. Yerzy seconded the motion that passed 5-0. Sr. Code Officer Lewis recommended tabling Case #06-110 and Case #05-2639 to August 16, 2006. 28 Meeting Minutes Code Compliance Board Regular Meeting Boynton Beach, Florida June 21, 2006 Case #06-110 Kathleen A. Romeo 303 S. W. 7th Street Motion Mr. Yerzy moved to table Case #06-110 to August 16, 2006. Ms. Simshauser seconded the motion that passed 5-0. Case #05-2639 Sean M. Sternbach 1011 S.W. 25th Avenue Motion Ms. Carroll moved to table Case #05-2639 to August 16, 2006. Mr. Yerzy seconded the motion that passed 5-0. Sr. Code Officer Lewis recommended the following cases be tabled to September 20, 2006: Case #05-2536 and Case #06-409. Case #05-2536 John Purland 505 S.E. 21st Avenue Motion Ms. Carroll moved to table Case #05-2536 to September 20, 2006. Mr. Yerzy seconded the motion that passed 5-0. Case #06-409 Claudio Gelis &. Elena Plaza 728 N.E. 8th Avenue Motion Ms. Carroll moved to table Case #06-409 to September 20, 2006. Mr. Yerzy seconded the motion that passed 5-0. x. Adjournment It was moved and seconded that the meeting be adjourned. The motion was adopted and the meeting was adjourned at 10:15 p.m. Respectfully submitted, ~a~~J Susan Collins Recording Secretary (062206) 29