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Minutes 07-19-06 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, JULY 19, 2006 AT 7:00 P.M. IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA Present: Michele Costantino, Chair Robert Foot Lisa Simshauser, 2nd Vice Chair Richard Yerzy, 1st Vice Chair 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 Absent: Kathy Cook Kathleen Carroll I. Call to Order Chair Costantino called the meeting to order at 7:00 p.m. II. Approval of Minutes Chair Costantino declared the following change to the minutes of June 21, 2006. On page 7, Case #06-971, the last sentence of the motion now reads "motion passed 6-0", and should read, "motion passed 4-2, with Mr. Foot and Ms. Cook dissenting." Motion Mr. Foot moved to approve the minutes of June 21, 2006 as amended. Ms. Simshauser seconded the motion that passed 4-0. III. Approval of Agenda Chair Costantino asked if there were any changes, additions, or deletions to the agenda. Sr. Code Officer Rich Laverdure reported Case #s 06-839 and 06-1426 had complied. Case #06-887 was dismissed. Case #s 06-1431, 06-1325, and 06-1443 were removed. Case #06- 1454 was closed. Motion Mr. Foot moved to approve the agenda as amended. Mr. Yerzy seconded the motion that passed 4-0. IV. Swearing in of Witnesses and Introduction Attorney Tolces explained the hearing procedures and administered an oath to all persons that would be testifying. Sr. Code Officer Laverdure determined who was present because new cases where the property owners are present are heard first. 1 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 19, 2006 VI. New Business A. Cases to be Heard Case #06-1573 Property Address: Violation< s): Yves M. Hubert 717-725 N. Federal Highway 13-16 BBC of ORD. 717-725 N. Federal Highway also includes PCN 08-43-45-21-32-001- 0180. An occupational license is required to operate a boat repair business. Mr. Blasie reported this was a case involving a commercial property on Federal Highway. The owner of record is Yves M. Hubert, 7280 West Palmetto Park Road, Boca Raton, Suite 204. The origin of the case was a citizen's complaint and a referral from a City department. The initial inspection date was June 26, 2006. The owner is running a boat repair business without an occupational license. Written notice was generated on June 26, 2006 giving ten days for compliance. A notice was posted on the property for this hearing on July 8, 2006 and a notice was hand-delivered to Mr. Hubert. The situation dates back to 1999. At the time, the building was called the Auto and Boat Center, Inc. and it was now called The Boat Repair Shop, Inc. Mr. Blasie noted Mr. Hubert had made application for an occupational license, possibly in response to the City issuing a Notice to Correct and a Civil Citation for operating without a license. Occupational Licensing inspected the property and this activity resulted in about four pages of notes. The notes contain all the items Mr. Hubert needs to do in order to come into compliance. Mr. Blasie showed photographs of the property to Mr. Hubert and to the board. Yves Hubert, 717 N. Federal Highway, pled guilty. Mr. Hubert indicated he had bought this property in 1996 and put in an application for an occupational license at that time. The City ignored him for two years, with calls to Occupational License and Planning & Zoning Departments not being returned. He finally closed on the property at the end of 1997. After that, the City told him he had to re-do the parking and perform major repairs on the property, although he was told the building was beyond repair. When he made the repairs, he was told he did not have to do the parking because the parking was a non-conforming use and became so when the City put in a second lane on Federal Highway, removing 17 feet of his property. This happened prior to his purchase of the property. He spoke to Mike Rumpf of the Planning & Zoning Department, who told Jose Alfaro of the Building Department that Mr. Hubert could park his boat out front since it was a non-conforming lot. He was told a month ago he had to remove all the customers' boats he had up front, which were in the queue to be worked on. Mr. Peter McCray of the Occupational Licensing Department asked him how he could do business when there was no place to park. Mr. Hubert replied he had never been as busy as when he allowed people to park on the front of the property, because this was advertising. He was also asked to screen the back fence, around which he planted bushes and trees and shrubs to mask the back of the property from the railroad. He had applied for an occupational license for 725, which had been approved. He had a tenant there for years who did about the same kind of work as Mr. Hubert. Mr. McCray mixed a lot of issues between 723 and 725 in his review of the property. The previous tenant in 725 was doing car repairs. Mr. Hubert had been in the 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 19, 2006 property for ten years, so he reapplied for an occupational license. He did not know if the City changed its rules about parking, but the lot was still-nonconforming as to parking. He did not know how that could be solved and he was open to suggestions. For some parts of 723, especially the door on the back of the building, he would need an extension to fix the items Mr. McCray asked him to do. This was necessary because the person who does this kind of work for him was ill. All the violations had been corrected on 725 and he had advised Mr. McCray that 725 was ready for re-inspection. Mr. Blasie presented City's Exhibit D, a copy of the report from Occupational Licensing with its associated notes of what Mr. Hubert had to do to obtain an Occupational License. He distributed these to the Recording Secretary for the record, to Mr. Hubert, and to the board. Mr. Blasie reported the City had actually gotten a Cease and Desist Order from the Code Compliance Board in 1999 for this property being operating without a license. Mr. Hubert did make an attempt during those years to obtain a license. At that time, there was an environmental review requirement as part of getting an occupational license for certain uses such as automobile repair, and uses that generate waste that has to be closely monitored. In recent years, the environmental review committee had gone out of existence and those inspections were now done by the City's Utility, Fire, and Building Departments. The process was different now and Mr. Hubert was aware of that from his conversations with Mr. Blasie. Mr. Blasie was looking for a new Cease and Desist Order. Mr. Hubert admitted on record in the minutes of the November 17, 1999 Code Compliance Board meeting that he was, in fact, running a boat repair shop. The problem was that he was still running that shop and still did not have an occupational license. Mr. Hubert aired his opinion of the City's changes over the years in philosophies, codes, and so forth, to Mr. Blasie, but Mr. Blasie noted the City's Codes had not changed since 1975 in terms of requiring screening for businesses in the zoning district where his business was located. The City had always required some kind of customer parking. Sr. Code & Rehab Inspector Pete Roy had taken photographs. There were usually no customers parked in front of the building. The lot was not striped, there was no traffic control, and it was not safe. Mr. Blasie was prepared to present a great deal of evidence in detail, but the main point was that Mr. Hubert was running this business without a license. If he could satisfy Peter McCray and the Occupational Licensing Division and get a license, then the problem would be solved. He had been operating for more than six years without a license. Mr. Blasie wanted a Cease & Desist Order so Mr. Hubert could stop the business and take care of the requirements to get an occupational license. There had been some complaints from neighbors about the boats and debris. Chair Costantino asked Mr. Hubert what kind of occupational license he was trying to get. Mr. Hubert responded, for boat repair. Before he bought the property, he went to the City to talk with Mike Haig, who told him he did not see any problem because he was "grandfathered in" for mechanical repair, the same type of work he did. At the same time, Ms. Tambri Hayden of Planning & Zoning told him his property was "grandfathered in." Assistant City Attorney Tolces declared Mr. Hubert was not seeking an occupational license. The City had required that he get one. He did not come to the City until the City advised him he had to obtain an occupational license. Mr. Hubert commented he had applied for an occupational license over ten years ago. 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 19, 2006 Mr. Hubert addressed the parking issue with Mr. Rumpf in the 90s. Mr. Rumpf told Jose Alfaro at the time that the City could not tell Mr. Hubert how many parking spaces he had to have unless the 17 feet that was taken from his property were given back to him. That was what made the property non-conforming. Mr. Foot asked the City about the status of the earlier Cease & Desist Order and why they were looking for a new one. Assistant City Attorney Tolces advised certain facts and circumstances had changed since then with respect to the property. The City was looking at its rights, legally, to enforce specific Code provisions on this board or in a court of law. Mr. Tolces provided the board copies of the ordinance recently passed by the City Commission wherein occupational licenses could not be issued to persons who had liens or fines with the City. It was the Legal Department's opinion it was in the City's best interests, based upon the facts being presented to the board tonight, to have the board consider issuing a new Cease & Desist Order in light of the facts existing today. Mr. Hubert wanted to differentiate between 723 and 725. The construction he needed to do on 723 would delay it and he wanted to license them separately. Assistant City Attorney Tolces advised Mr. Hubert had been before the board in 2005 for doing some construction work without a permit. That case was ongoing as well. Mr. Hubert responded the construction had been done just before the hurricanes last year and Mr. Rumpf advised him to secure his building as best he could to prevent hurricane damage. Chair Costantino asked Mr. Hubert if he was currently operating a boat repair business and whether he had been doing so since 1996. Mr. Yves responded, yes. Mr. Hubert declared when he bought the property, he met with the City and told them he would be doing business at this property and what kind of business it was. Mr. Rumpf had told him he did not have to worry about it because the property was non-conforming. Assistant City Attorney Tolces advised the property was also undergoing foreclosure proceedings due to Mr. Hubert's failure to pay his mortgage. Mr. Hubert did not know what that had to do with the proceedings at hand and declared his mortgage payments were up-to- date. Mr. Blasie confirmed if Mr. Hubert complied with all the requirements for obtaining an occupational license as set forth in Mr. McCray's notes, he should be able to obtain one. Until then, he should cease operations. Chair Costantino asked Mr. Hubert if he had any documentation supporting the statements made to him by Mr. Rumpf, Ms. Hayden, Mr. Alfaro and Mr. Haig. Mr. Hubert was not able to produce any documentation. He stated the issue had also been addressed in his contract when he purchased the property. Attorney Tolces stated from a legal perspective, the City had provided every opportunity for Mr. Hubert to come into compliance with the City's Occupational License Code and for one reason or another, he had refused to do so. 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 19, 2006 Motion Based on testimony and evidence presented in Case #06-1573, Mr. Foot moved that a Cease and Desist Order be issued giving Yves M. Hubert until August 18, 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 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. The motion failed for lack of a second. Motion Based on testimony and evidence presented in Case #06-1573, Mr. Yerzy moved that a Cease and Desist Order be issued giving Yves M. Hubert until August 18, 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 Respondent, and any previous violations by the Respondent, and hereby orders that a fine in the amount of $250 per reoccurrence of the violation thereafter shall be imposed upon the Respondent. Ms. Simshauser seconded the motion that passed 3-1, Chair Costantino dissenting. Case #06-660 Property Address: Violation( s): Arnold B. Cummings Trust 135 S.W. 3rd Avenue CH15-ART.IX-15-120 (D). INC, BBA FBC '05 105.1.1 Repair or replace fence. Permit required for shed on east side of building. Remove bed frame. Install sod wherever dead or bare spots occur. Code Officer Cain reported this case originated as a citizen's complaint. The initial inspection was performed on March 10, 2006. The fence, the bed frame, and the sod were in compliance. The permit requirement for the shed still existed. Service was obtained via certified mail. Arnold B. Cummings, 623 Hysteria Circle, Ft. Myers, Florida, pled no contest and asked for 60 days to dismantle the shed and get rid of it. It would be possible to relocate it on his property but it was economically and practically too difficult to do that. Mr. Foot inquired whether the shed was a hurricane hazard, and Mr. Cummings responded the shed had made it through the hurricanes without a scratch. Motion Based on the testimony and evidence presented in Case #06-660, Mr. Yerzy moved that this board find that Arnold B. Cummings Trust 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 17, 2006. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past September 17, 2006 plus administrative costs shall be imposed. The 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 19, 2006 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 #06-984 Property Address: Violation( s): William Hancock 1401 N.W. 7th Street 10-2 BBC of ORD, 424.2.17.1.1. through 10; CH15-ART.IX-15- 120 (B).l & CH15-ART.IX-15- 120 (D) INC. Remove all trash and debris from property and unregistered vehicle. Remove rocks out in swale on east side of property. Secure pool. Repair pump house out by pool. Mow overgrown grass and weeds. Install sod in yard wherever dead or bare spots occur. Code Officer Cain reported this property was a multi-family unit. The property owner was William Hancock of the same address. It resulted from a routine inspection of the neighborhood. The initial inspection date was April 18, 2006. The pool was in compliance. The property was posted on June 26, 2006. There could be hurricane hazards on the property. William Hancock, 1401 N.W. 7th Street, pled guilty and asked for 60 days, although he could get rid of the trash in two weeks.. Code Officer Cain showed pictures to the board. Mr. Foot tendered a motion to require Mr. Hancock to bring the violations for trash, debris, and the pump house into compliance on or before August 3, 2006 and the other items by September 17, 2006, with a fine of $50 a day for non-compliance. Attorney Tolces suggested separating them into two motions. Motion Based on the testimony and evidence presented in Case #06-984, Mr. Foot moved that this board find that William Hancock is in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondent correct the violations for trash, debris and the pump house on or before August 3, 2006. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past August 3, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that passed 4-0. 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 19, 2006 Motion Based on the testimony and evidence presented in Case #06-984, Mr. Foot moved that this board find that William Hancock is in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondent correct the violations for unregistered vehicle, rocks in swale, overgrown grass, weeds, and sod on or before September 17, 2006. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past September 17, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that passed 4-0. Case #06-1293 Nancy Thompson & Roy E. Smith 1107 S.W. 24th Avenue CH15-ART.IX-15-120 (D). INC, 10-2 BBC of ORD. Repair fence, clean pool. Property Address: Violation( s): Code Officer Cain reported this case was a result of a citizen's complaint. The initial inspection was on May 24, 2006. The fence had been taken care of and only the pool remained. Attorney Tolces swore in the Respondent. Roy E. Smith, 1107 S.W. 24th Avenue, pled no contest and asked for 30 days. He explained much of the debris was from the hurricanes the previous year. He had a heart condition and was not able to work. It was necessary for him to hire six men to come in and move a tree that had fallen down, partly in the pool. It had taken him quite a while to be able to afford to hire the men to do this and when it was done, the City advised they could not take the hurricane litter away since the hurricane was last year. His partner was also handicapped. Mr. Foot felt the pool represented a health hazard and 30 days to fix it was not reasonable. Mr. Smith responded he did not have the money to take care of this. The pool could be drained within two weeks, but after that it had to be scrubbed down. He had lost his income due to his illness and was over 80 years old. He did not know where the money would come from to finish this work. Motion Based on the testimony and evidence presented in Case #06-1293, Ms. Simshauser moved that this board find that Nancy Thompson & Roy E. Smith 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 18, 2006. The board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25 per day for each day the violations continue past August 18, 2006 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 19, 2006 Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that passed 3-1, Mr. Foot dissenting. Case #06-1408 Property Address: Violation(s): Dwight M. Simmons 2111 N.E. 3rd Court CH15-ART.IX-15-120 (D) INC; 14-3 and 10-52 BBC of ORD Remove over i-ton truck from property. Remove all inoperable unregistered vehicles from property. Re-sod dead areas of the front yard. Remove all trash and debris. Sr. Code Compliance Officer Skip Lewis reported this violation was on a single family, homesteaded property. The initial inspection was on June 6, 2006. Proof of service was by certified mail. When he looked at the property this morning, there was still trash and some cars. Mr. Lewis had explained to Mr. Simmons that he could not run a business out of his house and the cars all had to be operable with current tags. Today there was a flatbed truck at his property with some cars on it. The sod looked much better than it did. Dwight Simmons, 2111 N.E. 3rd Court, pled no contest and asked for 15 days. He acknowledged there had been cars there but they were being moved. He explained he had a towing yard in West Palm Beach, and only used the house for the office work, for which he had a current license. He explained the truck he was cited for was actually a truck from his tow yard that had broken down in his yard. He had just gotten it fixed. Motion Based on the testimony and evidence presented in Case #06-1408, Mr. Foot moved that this board find that Dwight M. Simmons is in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondent correct the violations for on or before August 3, 2006. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day for each day the violations continue past August 3, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that passed 4-0. Case #06-1249 Property Address: Violation( s): Lether B. Razz Estate 516 N.W. 10th Avenue CH15-ART.IX-15-120 (D) INC Remove all trash and debris from rear yard. Sr. Code & Rehab Officer Pete Roy reported this case originated from a citizen complaint. The initial inspection was on May 17, 2006. The property was posted on June 24, 2006. The City recommended July 29, 2006 for compliance. 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 19, 2006 Oliver Razz, grandson of deceased owner, pled no contest. He stated there was trash in the right-of-way, but the people cleaning up the alley were supposed to get help for him to remove a big tree. The church's bus was blocking anyone from coming to pick the tree up. Code Officer Roy indicated the materials that had to be removed were the ones on the slab. Mr. Razz responded that would be taken care of by the morning following this meeting. Motion Based on the testimony and evidence presented in Case #06-1249, Ms. Simshauser moved that this board find that Lether B. Razz Est is in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondent correct the violations for on or before July 29, 2006. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day for each day the violations continue past July 29, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that passed 4-0. VI. Old Business A. Lien Penalty Certifications 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. A Code Compliance Board 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 per day for non-compliance. The property came into compliance on this first board order on July 6, 2006. The City recommended "no fine" for the violation contained in the first board order. Anael Lambert, 50 S. Palm Drive, Boynton Beach, came forward to answer questions. Motion Based on the testimony and evidence presented in Case #06-554, Mr. Foot moved that this board find that the Respondent, Anael Lambert, 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 19,2006 (first board order), and in consideration of the gravity of the violations, the actions taken by the Respondent to remedy the violations, and previous violations of the Respondent, that this board impose and certify a fine in the amount of $0.00 per day including Administrative Costs, for a total of 76 days of non-compliance. Ms. Simshauser seconded the motion that passed 4-0. Sr. Code Officer Webb stated that the second board order on the same property would be considered next. The notice of violation date was March 7, 2006 for various Code violations resulting in a designation of "Dwelling Unfit for Human Habitation." A Code Compliance Board 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 19, 2006 hearing was held on April 19, 2006 and Mr. Lambert appeared. The board set a compliance date of June 3, 2006 and proposed a fine of $50 per day for non-compliance. The violations still exist. Mr. Lambert was not able to remedy many of the violations because the property was occupied by tenants, who were no longer in residence. Mr. Lambert had put up a "No Trespassing" sign, but had also put up a "For Rent" sign. Code Officer Webb did not think Mr. Lambert should be allowed to rent the property until the violations had been corrected. Mr. Lambert responded he was trying to get all the violations fixed by the end of this month, but he had to wait for some money to start working on the inside to repair the bathroom before anyone could move into the house. Mr. Foot was in favor of tabling the case until the August meeting in the hope the work could be completed by then. There was no one in the house at present and he felt Mr. Lambert had made enough progress to justify this. Attorney Tolces commented the new ordinance recently passed by the City did not allow for renewal of an occupational license if an individual had an outstanding fine. The board made to clear to Mr. Lambert that he had to fix the house up before renting it again. He stated he would remove the "For Rent" sign and agreed not to rent it until the violations had been corrected. Motion Mr. Foot moved to table Case #06-554, second board order, to August 16, 2006. Ms. Simshauser seconded the motion that passed 3-1, Chair Costantino dissenting. Case #06-1274 Daniel & Woyaline F. Dirogene 1635 N.E. 4th Court Sr. Code Compliance Officer Lewis reported this property was originally cited on May 23, 2006 for Community Appearance Code violations. A Code Compliance Board hearing was held on June 21, 2006 and no one appeared. The board set a compliance date of July 1, 2006 and proposed a fine of $50 per day. The violations still exist. Daniel Dirogene was present but was represented by his son, who lives at the same address. Code Officer Lewis responded he had spoken to Daniel Dirogene before the meeting and he believed he had understood what he said. There was a huge pile of trash and debris. The pile was removed but there were still inoperable vehicles on the property and another trash pile. The trash and debris had to be raked up, put into bags, and picked up by the City in its normal trash pickup. There was a television set in the pile also. Mr. Dirogene advised Mr. Lewis people were dumping things in this spot. Mr. Lewis advised him to plant sod there as a deterrent. Mr. Lewis showed photographs to Mr. Dirogene's son and to the board. Attorney Tolces asked the pictures be shown to Daniel Dirogene, since he was the owner and present. 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 19, 2006 Mr. Dirogene's son informed the board he worked six days a week but could work on this on Sunday. Motion Mr. Foot moved to table Case #06-1274 until August ~ 16, 2006. Ms. Simshauser seconded the motion that passed 4-0. Case #06-289 John P. Leonard, Jr. 143 S.W. 24th Avenue Sr. Code Compliance Officer Pierre reported this property had been cited on February 8, 2006 for Community Appearance issues and to secure and clean a pool. A Code Compliance board hearing was held on March 15, 2006 and Mr. Leonard appeared. The board set a compliance date of June 13, 2006 and proposed a fine of $25 per day for this board order, the second for this property. The property came into compliance on this date and the City recommended "No Fine." Motion Based on the testimony and evidence presented in Case #06-289, Mr. Foot moved that this board find that the Respondent, John P. Leonard, Jr., 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 March 15, 2006 (second board order), and in consideration of the gravity of the violations, the actions taken by the Respondent to remedy the violations, and previous violations of the Respondent, that this board impose and certify a fine in the amount of $0.00 per day including Administrative Costs, for a total of 35 days of non-compliance. Mr. Yerzy seconded the motion that passed 4-0. VII. Lien Reductions Case #04-1558 Chris Blakely I Henry Lauritano 937 S.W. 34th Court Scott Blasie declared this property was originally cited on July 8, 2004 for permits and final inspections for installation of French doors. A Code Compliance Board hearing was held on October 20, 2004 and no one appeared. The board set a compliance date of November 19, 2004 and proposed a fine of $25 per day. The property came into compliance on April 20, 2006. There were no pictures. The case was a Red Tag from the Building Department. The Respondents had met all criteria for a lien reduction. Attorney Tolces offered Mr. Blakely the opportunity of rescheduling this hearing if he wanted to wait until the full board was present. There were only four board members present and their decision would have to be unanimous in order to approve any lien reduction. Brad Blakely, 937 S.W. 34th Court, Boynton Beach, explained Chris Blakely was his wife and Henry Lauritano was his deceased father-in-law. His wife was aware that he was speaking on her behalf. He decided to continue the hearing in spite of the number of board members and the need for unanimous vote. 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 19,2006 Mr. Blakely explained the home had been purchased in March of 2004 by his father-in-law, who died shortly thereafter. This had created problems with getting the notice of the meeting of the Code Board. They contracted with K-D Windows, a reputable firm in Riviera Beach, to have some windows repaired and some French doors installed. K-D Windows' salesman contacted him, gave him a price, and introduced him to an installer. The salesman advised him to allow the installer to contract with K-D Windows to purchase the windows and the installer would do all the work and get all the permits. The installer was with Anchor Building. Mr. Blakely then contracted with Anchor Building to provide the labor to install the French doors and storm shutters. He started the installation in June of 2004 and completed 90% of it during July/August of 2004. Mr. Blakely had trouble getting him back to finish the actual installation of the French doors. The French doors leaked and ruined the hardwood floors the Blakelys had previously installed. In October of 2004, the back-to-back hurricanes came and the damage to the floors increased. They tried to get in touch with Anchor Building. They got in touch with a lawyer who located Anchor Building, that had subsequently moved to Pensacola to do work there. They received some Code violation notices. The first one went to the contractor, who never gave it to Mr. Blakely. He did get the written ones after that. In November of 2004 he met with Code Compliance, who told him what had to be done to take care of the problem. They filled out a Building application and were denied a permit because they could not get a permit just for French doors. There was some confusion on either the part of Building or Code. They had to have the storm shutters installed and approved before they could get compliance on the French doors. He contacted Custom Storm Shutters in December of 2004 and asked them to provide storm shutters. They looked at the job and fifteen months later they installed the shutters. They were able to get their permit, three days after the storm shutters were installed. They called for inspections and everyone was helpful. They were now in full compliance. He never received any satisfaction from Anchor Building, although they did try to litigate. The shutters were paid for but never received. The board discussed appropriate fines. Mr. Foot was in favor of reducing the fine to administrative costs of $826.00. Ms. Simshauser suggested inspection costs only or $626.18. Motion Based on the testimony and evidence presented in Case #04-1558, and having been advised that the Respondents 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, Mr. Foot moved that this board reduce the fines instituted in Case #04-1558, by virtue of this board's order of October 20, 2004, to an amount of $626.18, including administrative costs. Mr. Yerzy seconded the motion that passed 4-0. Case #02-1134 Gloria Venegas 154 S. Palm Drive Mr. Blasie explained there were two cases on the same property. Both cases involved grass in the swale. When the property was cited, the owner was Gloria Venegas. It was originally cited on May 1, 2002. The board met on July 17, 2002 and no one appeared. The board set a date of August 16, 2002 for compliance and proposed a fine of $25 a day for non-compliance. Compliance was documented on May 5, 2006. Mr. Blasie presented pictures taken August 19, 2002 and one taken July 18, 2006. 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 19, 2006 Chris Grave, 10105 Hunt Club Lane, Palm Beach Gardens, FI 33418, indicated he was there as a potential buyer for the property, depending on the outcome of the lien reduction. He was associated with an organization called Homesavers of Florida, who help people in difficult situations. It was usually foreclosures, probates, or bankruptcies, or divorces. Although it was for profit, that was not its main focus. The owner called them and asked for help. They wanted to fix up the property and make it beautiful and had a good track record of doing that. They had spent about $lK to date to help bring the property into compliance, even though they did not have ownership. In response to questions from the board, Mr. Grave indicated the house was vacant and the windows had been secured. He had only been involved with the situation for about a month. The board members each presented their ideas of how to handle the lien reduction and came to consensus. Motion Based on the testimony and evidence presented in Case #02-1134, and having been advised that the Respondents 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, Mr. Foot moved that this board reduce the fines instituted in Case #02-1134, by virtue of this board's order of July 17, 2002 to an amount of $0.00, including administrative costs. Mr. Yerzy felt there was a misunderstanding because he had spoken in favor of administrative costs only or $634.12. Mr. Foot amended his motion accordingly and Mr. Yerzy agreed. The motion passed 4-0. Case #03-1097 Gloria Venegas 154 S. Palm Drive Mr. Blasie introduced the case that had a number of structural issues, and included Community Appearance Code violations. The original notice of violation had been issued on April 8, 2003. A board hearing was held on July 16, 2003 and no one appeared. The board set a compliance date of July 26, 2003 and proposed a fine of $100 per day. Mr. Grave remained at the podium from the previous case as he was a potential purchaser for this property. Motion Based on the testimony and evidence presented in Case #03-1097, 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, Mr. Foot moved that this board reduce the fines instituted in Case #03-1097, by virtue of this board's order of July 16, 2003 to an amount of $3,018.00, including administrative costs. Mr. Yerzy seconded the motion that passed 4-0. VI. New Business (Cont'd.) 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 19, 2006 B. Cases to be Heard During this portion of the meeting, the cases are heard for the owners who are not in attendance. Case #06-1029 Property Address: Violation(s): Patricia Rosiello 2625 S.E. 5th Circle, Unit 71C 13-16 BBC ofORD Non-payment of false alarm fines Mr. Blasie reported this case was a result of a City Department referral and was for payment of false alarm fines. Written notice was given allowing 10 days to comply. The City recommended compliance by July 29, 2006. Motion Based on the testimony and evidence presented in Case #06-1029, Ms. Simshauser moved that this board find that Patricia Rosiello 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 29, 2006. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day for each day the violations continue past July 29, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that passed 4-0. Case #06-750 Property Address: Violation( s): Casablanca Isles Condo Association 815 W. Boynton Beach Boulevard 10-2 BBC of ORD, CH15-ART.IX-15- 120 (C) Unlawful to permit trees to grow over waterways unless they are kept at a height of ten feet over the water. All limbs, fronds, coconut, or other debris must be kept out of waterways. Also, Florida Holly needs to be cultivated or removed. Code Officer Cain reported the property owner of record was Casablanca Isles Condo Association, 2159 Coral Way, Suite B, Miami, FL. The City recommended compliance by August 18, 2006. Motion Based on the testimony and evidence presented in Case #06-750, Mr. Yerzy moved that this board find that Casablanca Isles Condo 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 August 18, 2006. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent and hereby orders that if the 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 19, 2006 Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past August 18, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that passed 4-0. Case #06-827 Property Address: Violation( s): Charlene N. Stimely 2553 S.W. 10th Court CH15-ART.IX-15-120 (D) INC., BBA FBC '05 105.1.1; CH 20 SEC 8 E-16 Install four-inch house number on building visible from adjacent street. Remove all tile, stones, wood that is not being actively used from property. Remove or repair fence. Permit may be required. Code Officer Cain reported the City recommended August 3, 2006 for compliance. Motion Based on the testimony and evidence presented in Case #06-827, Ms. Simshauser moved that this board find that Charlene N. Stimely 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 3, 2006. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day for each day the violations continue past August 3, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that passed 4-0. Case #06-177 Property Address: Violation( s): Steve Jenkins & Anna Lloyd 306 S.W. 5th Avenue 104.6 BBA to FBC '01, FBC '01 ED 105.6 Permit for hard roof screen enclosure has expired. Screen enclosure was not permitted and built without the benefit of inspection. Contact Building Inspection to resolve. Code Inspector Guillaume reported the City recommended a compliance date of October 17, 2006, since they needed to obtain a permit. 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 19, 2006 Motion Based on the testimony and evidence presented in Case #06-177, Mr. Yerzy moved that this board find that Steve Jenkins and Anna Lloyd 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 October 17, 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 October 17, 2006 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that passed 4-0. Case #06-1042 Property Address: Violation( s): Diane R. Copeland Tr 902 S. Seacrest Blvd. CH1S-ART.IX-1S-120 (D) 1 INC, CH1S-ART.IX-1S-120 (E) 2C, BBA FBC '05105.1.1 Mow overgrown yard and swale. Install sod in dead area of yard and swale. Remove any trash and debris from the property and repair or replace fence and screen porch. Repair or replace roof, permit required. Code Inspector Guillaume indicated the City recommended compliance by August 3, 2006. Motion Based on the testimony and evidence presented in Case #06-1042, Mr. Foot moved that this board find that Diane R. Copeland Tr 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 3, 2006. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past August 3, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that passed 4-0. Case #06-1164 Property Address: Violation( s): FBM Leasing Corp 130 S.E. 14th Avenue 13-16 BBC of ORD Occupational license required for rental property. Every rental unit used for residential purposes in the City must be licensed. 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 19, 2006 Code Inspector Guillaume stated the City recommended compliance by August 18, 2006. Motion Based on the testimony and evidence presented in Case #06-1164, Mr. Foot moved that this board find that FBM Leasing Corp 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 18, 2006. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past August 18, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that passed 4-0. Case #06-1250 Property Address: Violation( s): Andre St. Juste 809 S.E. 4th Street 13-16 BBC of ORD Every rental unit used for residential purposes in the City must be licensed. Code Inspector Guillaume indicated the City recommended a compliance date of August 18, 2006. Mr. St. Juste is a repeat violator. Motion Based on the testimony and evidence presented in Case #06-1250, Mr. Foot moved that this board find that Andre St. Juste 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 18, 2006. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $250 per day for each day the violations continue past August 18, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that passed 4-0. Case #06-1447 Property Address: Violation( s): Christiane Francois & M. Ritts 412 S.E. 4th Street 10-2 BBC ofORD Vacant lot north of 420 S.E. 4th St. Vacant lot must be kept mowed and free from trash and debris. Code Inspector Guillaume indicated the City recommended compliance by July 29, 2006. 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 19,2006 Motion Based on the testimony and evidence presented in Case #06-1447, Mr. Foot moved that this board find that Christiane Francois and M. Ritts 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 29, 2006. The board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25 per day for each day the violations continue past July 29, 2006 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that passed 4-0. Case #06-1475 Property Address: Violation( s): Gasper Tomas & Isabel Vargas 312 S.W. 9th Avenue 13-16 BBC of ORD, BA FBC '05 105.1.1, CH15-ART.IX-1S-120 (D)INC, PT3-LDR.CH2. SEC S.C.l & PT3 LDR.CH20-VIII.SEC.2.F, ART. II SEC. 10-22 REFUSE Obtain occupational license to rent house. Only one unrelated person allowed at residence. Bedrooms constructed in garage are prohibited and have been without permits. Remove all trash and debris and construction material from yard. Code Inspector Guillaume indicated the City recommended compliance by August 18, 2006. Motion Based on the testimony and evidence presented in Case #06-1475, Ms. Simshauser moved that this board find that Gasper Tomas and Isabel Vargas 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 18, 2006. The board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $75 per day for each day the violations continue past August 18, 2006 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that passed 4-0. Case #06-731 Property Address: Ka Hock & Jeanne G. Go 3452 W. Boynton Beach Boulevard CH1S-ART.IX-1S-120 (D) 1 INC., PT3-LDR.CH 4 SEC 11, LDR Violation( s): 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 19, 2006 CH 20 ART I SEC 8 F13, PT3- LDR. CH23-ART II.O Repair your sign and install 6" street numbers on your sign or building that are visible from the street. Repair broken windows and get rid of all trash and debris. Doors boarded up with plywood. Get a copy of site plan and replace all trees and bushes that are missing. Re-stripe parking lot and fill any holes. Sr. Code Officer Laverdure indicated the City recommended 90 days, October 17, 2006, for compliance. In response to questions about why so long, Mr. Laverdure responded this was a large commercial facility and they had a great deal to accomplish, including permits. Motion Based on the testimony and evidence presented in Case #06-731, Mr. Yerzy moved that this board find that Ka Hock & Jeanne G. Go 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 October 17, 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 $200 per day for each day the violations continue past October 17, 2006 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that passed 4-0. Case #06-1440 Sandalwood at Boynton Beach Gulfstream Services Management Companies 100 Buttonwood Lane CH1S-ART.IX-1S-120 (D) 1 INC., BBA FBC '05 105.1.1, PT3- LDR. CH 4 SEC 11. Obtain permit and replace and or repair fence at 709 Buttonwood Lane. Property Address: Violation( s): Sr. Code Officer Laverdure indicated the City recommended compliance by August 18, 2006. Motion Based on the testimony and evidence presented in Case #06-1440, Mr. Foot moved that this board find that Sandalwood at Boynton Beach, Gulfstream Services Management Companies, 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 18, 2006. The board has considered the 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 19, 2006 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 18, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that passed 4-0. Case #06-1398 Property Address: Violation(s): Desir Desjardins 191 N.E. 16th Court CH1S-ART.IX-1S-120 (D) INC, 10-3 BBC of ORD Remove operable! unregistered vehicles, trash and debris from property. Mow and de-weed overgrown yard areas. Remove all broken deteriorated fencing from the property. Sr. Code Compliance Officer Lewis indicated the City recommended a compliance date of August 18, 2006. Motion Based on the testimony and evidence presented in Case #06-1398, Mr. Foot moved that this board find that Desir Desjardins 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 18, 2006. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past August 18, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that passed 4-0. Case #06-1450 Property Address: Violation( s): Desir Desjardins 410 N.E. 15th Court 13-16 BBC ofORD Occupational rental license for rental property. Inspections needed. Sr. Code Compliance Officer Lewis declared the City recommended compliance by August 18, 2006. Motion Based on the testimony and evidence presented in Case #06-1450, Mr. Foot moved that this board find that Desir Desjardins 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 18, 2006. The board has considered the gravity of the violations, the actions taken by the Respondent, 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 19, 2006 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 18, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that passed 4-0. Case #06-1455 Property Address: Violation(s): Iglad Norelus 1519 N.E. 1st Court BBA FBC '05 105.1.1, 105.4, CH1S-ART.IX-1S-120 (D) INC. Secure proper building permits for all non-permitted work done on the building and property to include new fence, air conditioning condenser, new back door, block wall with new stucco. Remove all outdoor stored metal fencing, trash and debris for the property. Sr. Code Compliance Officer Lewis declared the City recommended compliance by August 18, 2006. The permits were in process for the fence and the block wall. Motion Based on the testimony and evidence presented in Case #06-1455, Ms. Simshauser moved that this board find that Iglad Norelus 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 18, 2006. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $75 per day for each day the violations continue past August 18, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that passed 4-0. Case #06-1054 Property Address: Violation( s): Cosimo Falzone 333 S.E. 23rd Avenue CH1S-ART.IX-1S-120 (D) INC. De-weed yard and trim overgrowth. Re-sod yard and swale area. Sr. Code Officer Pierre stated the City recommended compliance by August 18, 2006. Motion Based on the testimony and evidence presented in Case #06-1054, Mr. Yerzy moved that this board find that Cosimo Falzone is in violation of City of Boynton Beach Code sections as cited, 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 19, 2006 and moved to order that the Respondent correct the violations on or before August 18, 2006. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day for each day the violations continue past August 18, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that passed 4-0. Case #06-1101 Property Address: Violation( s): Dorothy Julia Moore 179 S.E. 27th Avenue CH1S-ART.IX-1S-120 (D) INC. Replace fence. De-weed and sod yard. Sr. Code Compliance Officer Pierre stated the City recommended compliance by August 18, 2006. Motion Based on the testimony and evidence presented in Case #06-1101, Mr. Foot moved that this board find that Dorothy Julia Moore 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 18, 2006. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day for each day the violations continue past August 18, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that passed 4-0. Case #06-1322 Property Address: Violation(s): Kenneth J. & Debra A. Emerson 3113 Chapel Hill Blvd. 424.2.17.1.1 thru 10 Secure your pool and install a fence for your pool barrier. Permit will be required for your fence. Sr. Code Compliance Officer Pierre indicated the City recommended compliance by August 3, 2006. Motion Based on the testimony and evidence presented in Case #06-1322, Mr. Yerzy moved that this board find that Kenneth J. & Debra A. Emerson 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 3, 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 $200 per day for each day 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 19, 2006 the violations continue past August 3, 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 #06-1451 Property Address: Violation( s): Zelda M. Koval 727 S.W. 27th Terrace BBA FBC '05 105.1.1 Permit required for your concrete slab on the left front side. Obtain permit from the Building Department. Sr. Code Compliance Officer Pierre indicated the City recommended compliance by September 17, 2006. Motion Based on the testimony and evidence presented in Case #06-1451, Ms. Simshauser moved that this board find that Zelda M. Koval 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 17, 2006. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day for each day the violations continue past September 17, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that passed 4-0. Case #06-1263 Property Address: Violation( s): Thelmar & Jesse M. Patterson 531 N.W. 12th Avenue PT3-LDR.CH20-VIII.SEC2.A. and SEC 2.E Washing machine to be connected to drain per Code. Remove from outside and connect properly. Water collecting on ground causing mosquitoes. Sr. Code & Rehab Officer Roy declared the City recommended compliance by July 29, 2006. Motion Based on the testimony and evidence presented in Case #06-1263, Mr. Yerzy moved that this board find that Thelmar & Jesse 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 July 29, 2006. The board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25 per day for each day 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 19, 2006 the violations continue past July 29, 2006 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that passed 4-0. Case #06-1350 Property Address: Violation(s): Josephus McDonald 556 N.W. 10th Avenue PT3-LDR.CH2. SEC S.D.l, CH1S- ART.IX-1S-120 (D) INC. Remove storage of articles outside from property, in particular driveway area. Sr. Code & Rehab Officer Roy declared the City recommended compliance by July 29, 2006. This was a repeat violator. Motion Based on the testimony and evidence presented in Case #06-1350, Mr. Foot moved that this board find that Josephus McDonald 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 29, 2006. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past July 29, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that passed 4-0. Case #06-1351 Property Address: Violation( s): Gracie M. Denson 220 N.W. 6th Avenue CH1S-ART.IX-1S-120 (D) INC. Remove inoperable vehicles from property. Sr. Code & Rehab Officer Roy declared the City recommended compliance by July 29, 2006. Motion Based on the testimony and evidence presented in Case #06-1351, Ms. Simshauser moved that this board find that Gracie M. Denson 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 29, 2006. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past July 29, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that passed 4-0. 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 19,2006 Case #06-1364 Property Address: Violation( s): Doris D. Jefferson 123 N.W. 10th Avenue CH1S-ART.IX-1S-120 (D) INC. Remove all trash and debris and car parts from property. Sod all areas void of grass. Sr. Code & Rehab Officer Roy declared this was a repeat offender. The City recommended compliance by July 29, 2006. Motion Based on the testimony and evidence presented in Case #06-1364, Mr. Yerzy moved that this board find that Doris D. Jefferson 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 29, 2006. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past July 29, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that passed 4-0. Case #06-1046 Property Address: Violation( s): John W. Field, Jr. 311 Ocean Parkway CH1S-ART.IOX-1S-120 (D) 1 INC. Property must be kept mowed and free of all loose trash and debris. Sr. Code Compliance Officer Webb declared the City recommended compliance by July 29, 2006. Motion Based on the testimony and evidence presented in Case #06-1046, Ms. Simshauser moved that this board find that John W. Field, Jr. is in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondent correct the violations on or before July 29, 2006. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day for each day the violations continue past July 29, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that passed 4-0. Case #06-1076 Property Address: Augustin J. Baptiste 2750 N.E. 4th Court 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 19, 2006 Violation( s): CH20 SEC 8 E-16, CH1S-ART.IX- 15-120 (D) 1 INC Remove unlicensed and inoperable vehicles and place four-inch house numbers on building visible from City right- of-way. Sr. Code Compliance Officer Webb declared the City recommended July 29, 2006 for compliance. Motion Based on the testimony and evidence presented in Case #06-1076, Mr. Foot moved that this board find that Augustin J. Baptiste 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 29, 2006. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past July 29, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that passed 4-0. Case #06-1080 Property Address: Violation( s): Brent Bean 10 Crossings Circle F 10-2 BBC of ORD, 10-3 BBC of ORD Remove all loose trash and debris that are hurricane hazards. Sr. Code Compliance Officer Webb declared the City recommended compliance by July 29, 2006. Motion Based on the testimony and evidence presented in Case #06-1080, Mr. Foot moved that this board find that Brent Bean 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 29, 2006. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past July 29, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that passed 4-0. Case #06-1108 Property Address: Homer A. & Mary A. Solomon 130 Mentone Road 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 19, 2006 Violation(s): CH15-ART.IX-1S-120 (D) lA Please remove all unlicensed and inoperable vehicles. Permit required for room addition. Sr. Code Compliance Officer Webb indicated the City recommended compliance by October 17, 2006, due to the permit requirements. Motion Based on the testimony and evidence presented in Case #06-1108, Mr. Yerzy moved that this board find that Homer A. & Mary A. Solomon 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 October 17, 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 October 17, 2006 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that passed 4-0. VI. Old Business (cont'd.) Lien Penalty Certifications (cont'd.) Sr. Code Officer Laverdure declared the City recommended the following cases be certified at $25 per day: Case #05-2001, Case #06-648, and Case #05-2487. Case #05-2001 Victor L. Cook 654 W. Ocean Avenue Motion Based on the testimony and evidence presented in Case #05-2001, Ms. Simshauser moved that this board find that the Respondent has not complied with this Board's Order dated January 18, 2006, and having considered the gravity of the violations, the actions taken by the Respondent, that this board impose and certify a fine in the amount of $25 per day plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Yerzy seconded the motion that passed 4-0. Case #06-648 Joselyn Chery 220 S. W. 1st Street Motion Based on the testimony and evidence presented in Case #06-648, 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 $25 per day plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Yerzy seconded the motion that passed 4-0. 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 19, 2006 Case #05-2487 Jason E. Robinson & Robert R. Mattei 615 N.W. 4th Street Motion Based on the testimony and evidence presented in Case #05-2487, Ms. Simshauser moved that this board find that the Respondents have not complied with this Board's Order dated December 21, 2005, and having considered the gravity of the violations, the actions taken by the Respondents, that this board impose and certify a fine in the amount of $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. Mr. Yerzy seconded the motion that passed 4-0. Sr. Code Compliance Officer Laverdure stated Case #06-429 should be certified at $50 per day. Case #06-429 William L. Dunlap Est. 3291 Orange Street Motion Based on the testimony and evidence presented in Case #06-429, Mr. Yerzy 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 is entered based upon this certification of fine. Ms. Simshauser seconded the motion that passed 4-0. Sr. Code Compliance Officer Laverdure stated Case #06-168 should be certified at $75 per day. Case #06-168 Edoris Maddox 614 N.W. 5th Street Motion Based on the testimony and evidence presented in Case #06-168, 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 $75 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 4-0. Sr. Code Compliance Officer Laverdure stated Case #06-1134 should be certified at $100 per day. Case #06-1134 Connie M. Carrier 428 N.E. 20th Avenue Motion Based on the testimony and evidence presented in Case #06-1134, Ms. Simshauser moved that this board find that the Respondent has not complied with this Board's Order dated June 21, 2006, and having considered the gravity of the violations, the actions taken by the Respondent, that this board impose and certify a fine in the amount of $100 per day plus administrative 28 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 19, 2006 costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Yerzy seconded the motion that passed 4-0. Sr. Code Compliance Officer Laverdure stated Case #05-2653 should be certified at $200 per day. Case #05-2653 Pita General Corp. 3005 S. Congress Avenue Motion Based on the testimony and evidence presented in Case #05-2653, Mr. Foot moved that this board find that the Respondent has not complied with this Board's Order dated January 18, 2006, and having considered the gravity of the violations, the actions taken by the Respondent, that this board impose and certify a fine in the amount of $200 per day plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Yerzy seconded the motion that passed 4-0. Sr. Code Compliance Officer Laverdure stated Case #s 05-2754, 06-710, 06-262, and 06-713 should be certified as "No Fine." Case #05-2754 Steven Plamann & Stephen W. Coz 204 S.E. 2nd Avenue Motion Based on the testimony and evidence presented in Case #05-2754, Mr. Foot 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, the actions taken by the Respondents, that this board impose and certify "No Fine," including administrative costs. Ms. Simshauser seconded the motion that passed 4-0. Case #06-710 Larry B. Adams 1990 N.E. 2nd Lane Motion Based on the testimony and evidence presented in Case #06-710, Mr. Foot 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. Simshauser seconded the motion that passed 4-0. Case #06-262 Bradley & Amanda L. Sosnowski 124 S.E. 10th Avenue Motion Based on the testimony and evidence presented in Case #06-262, Mr. Foot 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 29 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 19, 2006 board impose and certify "No Fine," including administrative costs. Ms. Simshauser seconded the motion that passed 4-0. Case #06-713 Tony B. Clemons 121 N.E. 16th Ct. Motion Based on the testimony and evidence presented in Case #06-713, Mr. Foot 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. Simshauser seconded the motion that passed 4-0. VII. Adjournment Since there was no further business before the board, the meeting was duly adjourned at 9:30 p.m. Respectfully submitted, _5;//4:[ <<4; r Susan Collins Recording Secretary (072006) 30