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Minutes 08-16-06 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, AUGUST 16, 2006 AT 7:00 P.M. IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA Present: Michele Costantino, Chair Lisa Simshauser, 2nd Vice Chair Kathleen Carroll Kathy Cook Robert Foot James Cherof, City Attorney Absent: Richard Yerzy, 1st Vice Chair Jack Robert Lamb Scott Blasie, Code Administrator Code Officers: Willie Webb Courtney Cain Luney Guillaume Skip Lewis Vestiguerne Pierre Pete Roy I. Call to Order Chair Costantino called the meeting to order at 7:00 p.m. II. Approval of Minutes Chair Costantino referred to a correction that should be made to the minutes of July 19, 2006. Case #06-1274 should have a tabled date of August 16, 2006 instead of August 26, 2006. Motion Mr. Foot moved to approve the July 19, 2006 minutes, as amended. Ms. Carroll seconded the motion that passed 5-0. III. Approval of Agenda Sr. Code Officer Webb declared Case #05-2070 had come into compliance. The following cases should be tabled to February 21, 2007: #04-2664, #04-2665, #04-2666, #04-2667, #04-2668, #04-2669, #04-2670, #04-2671, #04-2672, #04-2673, and #04-2674. Motion Mr. Foot moved to table the following cases: #04-2664, #04-2665, #04-2666, #04-2667, #04- 2668, #04-2669, #04-2670, #04-2671, #04-2672, #04-2673, and #04-2674 until February 21, 2007. Ms. Simshauser seconded the motion that passed 5-0. Sr. Code Officer Webb continued with the agenda changes, saying the following cases had come into compliance: #06-1785, #06-1456, #06-1494, #06-1661 and #06-1537. Case #06- 590 and Case #06-1608 were removed. Motion Ms. Carroll moved to accept the agenda as amended. Ms. Simshauser seconded the motion that passed 5-0. Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2006 IV. Swearing in of Witnesses and Introduction City Attorney Cherof explained the hearing procedures and administered an oath to all persons that would be testifying. Sr. Code Officer Webb determined who was present because new cases with property owners in attendance are heard first. V. New Business A. Cases to be Heard Case # 06-879 Property Address: Violation( s}: Christian &. Missionary Vision 2923 S. Federal Highway CH21 ART I SEC 13 Repair or replace sign face and cabinet. Sr. Code Officer Vestiguerne Pierre declared this property was now in compliance. Motion Ms. Carroll moved to dismiss Case #06-879. Mr. Foot seconded the motion that passed 5-0. Case #06-1820 Property Address: Violation( s}: Brian Keith &. Michele Bouie 351 N.E. 27th Avenue CH 2.5-3 &. CH 2.5-7 An alarm operating permit is 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. Code Administrator Scott Blasie explained the case related to the need for an operating permit/decal for an alarm at this address. He had spoken to the owners and believed they would be getting the decal soon. Michele Bouie, 351 N.E. 27th Avenue, Boynton Beach, pled no contest and asked for 30 days. Motion Based on the testimony and evidence presented in Case #06-1820, Ms. Carroll moved that this board find that Brian Keith & Michele Bouie 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 September 15, 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 September 15, 2006 plus administrative costs shall be imposed. The 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2006 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 #06-1512 Property Address: Violation( s}: Thomas C. &. Allison McMichael 600 N.W. 9th Court 13-15 BBC ORD, CH15-ART.IX-15-120 (D}.INC The keeping of materials is a violation of the occupational license. Remove all materials and trucks. Employees may not come to your house to start work. Repair and maintenance of equipment is not allowed. Code Officer Courtney Cain reported this case resulted from a citizen's complaint. The initial inspection was June 20, 2006. He had tried to gain access to the property, but had been denied. A written notice was issued to the owners with ten days to comply. Proof of service was obtained through certified mail. The City requested a Cease & Desist Order and proposed a fine for non-compliance of $250 per day. Thomas and Allison McMichael, 600 N.W. 9th Court, Boynton Beach, appeared and pled not guilty. Mr. McMichael produced an occupational license that allowed him to conduct business as a fence contractor from this address. He showed his license to the Board and they perused it. Code Officer Cain commented that by having materials stored outside the house, they were operating outside the scope of the license, which specifically prohibited this. The license was granted based on the premise that there would be no visual evidence of a commercial business being conducted at this address, such as materials, customers, and employees. Mr. McMichael signed an affidavit to the effect that this would not take place at the time he obtained the occupational license. There were also vehicles parked at this address that could give the appearance of customers. Ms. McMichael responded the materials had been removed. Mr. McMichael commented he only had one employee who parked at the residence and left to go to work with him. Ms. McMichael added that she had work done inside the house from time to time and vehicles could belong to such service people, her maid for example. Mr. McMichael remarked that his only employee now lived at his house. Code Officer Cain reiterated that he had been denied access to the property to ascertain compliance. Ms. McMichael responded he could come out to their house right now. Motion Based on testimony and evidence presented in Case #06-1512, Mr. Foot moved that a Cease and Desist Order be issued, giving Thomas and Allison McMichael until August 23, 2006 to bring the violations of the City of Boynton Beach Code sections as cited into compliance. The board has considered the gravity of the violations, the actions taken by the Respondents, and any 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2006 previous violations by the Respondents, and hereby orders that a fine in the amount of $250 per occurrence of the violation thereafter shall be imposed upon the Respondents. Ms. Carroll seconded the motion that passed 5-0. Case #06-1538 Property Address: Violation( s}: Christine Cimetta 50 Bentwater Circle PT3-LDR.CH20-VIII.SEC2.A Repair rear exterior wall. Walls must be watertight, weather tight and shall adequately support the building at all times and shall be in a workmanlike state of maintenance and repair. Code Officer Cain declared this property was a single-family residence. The violation was brought to the City's attention through a citizen's complaint. The initial inspection date was June 22, 2006. Written notice was given to comply in 30 days. Service was obtained through certified mail. Christine Cimetta, 50 Bentwater Circle, Boynton Beach, pled no contest and asked for 90 days. Mr. Foot inquired whether there were safety hazards involved, and Code Officer Cain responded there were none and the City agreed with 90 days, since permits were involved. Motion Based on the testimony and evidence presented in Case #06-1538, Ms. Carroll moved that this board find that Christine Cimetta 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 November 14, 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 November 14, 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 #06-1641 Property Address: Violation( s}: Daniel M. Reilly 161 S.E. 28th Avenue CH15-ART.IX-15-120 (D) INC Mow, deweed and sod yard. Remove debris and trash off property and trim front and back yard. Sr. Code Officer Pierre reported this property had been inspected initially on June 29, 2006. The yard was comprised primarily of weeds, not grass. Daniel M. Reilly, 161 S.E. 28th Avenue, Boynton Beach, pled no contest and asked for 30 days. He acknowledged the yard had gotten out of compliance during the period of time the 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2006 house was rented. He was out of town and now that he was back in the house, he planned to maintain it. One problem was that the yard was not irrigated. He could get rid of the trash and debris and tree limbs in a few days, but asked for a longer period of time in order to sod the entire yard, as it would require almost an acre of sod to complete. Mr. Pierre mentioned the primary problem was the tall grass/weeds on the property. He had been required to send letters to Mr. Reilly asking him to mow the property in the past, and he hoped this would not continue. He advised Mr. Reilly of the areas on which sod would have to be applied. Motion Based on the testimony and evidence presented in Case #06-1641, Mr. Foot moved that this board find that Daniel M. Reilly is in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondent correct the violations concerning trash and debris on or before August 26, 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 August 26, 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. Motion Based on the testimony and evidence presented in Case #06-1641, Mr. Foot moved that this board find that Daniel M. Reilly is in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondent correct the violations concerning mowing, de- weeding, trimming, and sodding front and back yard, on or before September 15, 2006. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day for each day the violations continue past September 15, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that passed 5-0. Case #06-1644 Property Address: Violation( s}: Christian &. Missionary Vision 2923 S. Federal Highway PT3-LDR. CH 4 SEC.ll Site plan maintenance required. Trim and remove all dead trees and replace them per site plan. Re-stripe parking lot, de-weed and sod. Replace disabled parking sign. Sr. Code Officer Pierre reported the details of this case. The address of the property owner is P.O. Box 7734, Delray Beach, FL 33482. 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2006 Mr. Derisca appeared on behalf of Christian Missionary Vision and pled no contest, asking for 60 days. He commented many of the violations had been remedied, including the trimming, sod, and re-striping of parking lot. The only item remaining to be done was the replacement of the disabled parking sign. Sr. Code Officer Pierre responded they were working on it, but it was not complete. Mr. Foot inquired whether the City was satisfied the dead trees were gone, and Mr. Pierre responded they were satisfied, but there was a big trash pile out in front, and it was the Respondent's responsibility to call the City to arrange a special pickup. Motion Based on the testimony and evidence presented in Case #06-1644, Ms. Simshauser moved that this board find that Christian & Missionary Vision 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 15, 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 October 15, 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 #06-1413 Property Address: ViolationCs}: Jason &. Mattei R. Robinson 615 N.W. 4th Street CH15-ART.IX-15-120 CD}. INC Remove all trash and debris and mow overgrowth on property. Sr. Code & Rehab Officer Pete Roy reported this was a single family, non-homesteaded property. The initial inspection was on June 6, 2006. A written notice was issued giving 10 days to comply. Proof of service was obtained by posting at City Hall and on the property. The City recommended a compliance date of August 26, 2006. Jason Robinson, 615 N.W. 4th Street, Boynton Beach, pled no contest and had no idea when he could come into compliance. He was having permitting difficulties with the City and the County. He preferred to leave the emptying of the dumpster, for instance, until he obtained his permit for interior house improvements. Mr. Robinson claimed the City was filing the dumpster up and he did not have items in it. He also claimed the awning had been removed on Monday and that he had cut the overgrowth on the previous Friday. Mr. Robinson was upset with the City, saying he had one thing left on the list to obtain a permit and when he went to the Building Department, was told he would have to pay impact fees. He was sent to the County where he was told he needed three stamped blueprints. He went to see his architect who said that was unreasonable and to call City Hall. He came back to the City and was told to go back with two blueprints and ask to see a particular individual. He went back to the County to see that individual, and was told he would have to pay impact fees, but it had to go to the board and he could not get them until the next day. He went back yesterday, and they were not finished. He went back today and got the blueprints back at about 3:00 p.m. He came to City 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2006 Hall at 4:00 p.m. and a young lady looked at the blueprints and said, "You are going to have to pay something for impact fees. This is wrong. You have to take this back up to the County." He showed the board a stack of paperwork detailing the muddle he had been trying to navigate in order to get a permit. He wanted to get a permit and finish the job. Mr. Foot asked if staff were satisfied all the trash had been removed. Mr. Roy was not satisfied, saying it would be necessary to have the dumpster emptied now, regardless of the permit status. It was hurricane season and the trash had to be dealt with. Mr. Roy explained the Respondent was not allowed to store items for his building renovation in the yard unless he had an open permit, which he did not. Mr. Robinson responded he was storing the fencing to go around the yard that the board had required on an earlier case. It had been stolen. There had been seven burglaries at this house. Mr. Roy commented the issue was to get the trash removed and cut the overgrowth along the fence. The trash meant the dumpster and the awning. Motion Based on the testimony and evidence presented in Case #06-1413, Ms. Cook moved that this board find that Jason & Mattei R. Robinson 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 26, 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 August 26, 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 #06-1534 Property Address: Violation( s}: Richard &. Desiree A. Shores 2652 N.E. 4th Court PT3-LDR.CH2. SEC 6.B.l Shipping containers cannot be stored in residential zone. Remove container. Sr. Code Officer Webb reported this property had been inspected on June 21, 2006 as a result of a routine neighborhood inspection. A written notice was given allowing 10 days to come into compliance. Proof of service was obtained by certified mail. Richard Shores, 2652 N.E. 4th Court, Boynton Beach, pled no contest. Mr. Shores had procured the shipping container to hold the materials he was using to perform interior renovations of his house. He fully realized the hurricane season had begun, but believed this container provided the best solution to his renovation needs and the need to protect his neighbors. The container is extremely sturdy and secure. He had placed it in the back yard twenty feet behind two layers of fencing to make certain that it was not visually offensive. His renovations would be complete before November 1, 2006. He had discussed this with the Code Compliance office, trying to come to a reasonable solution. 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2006 Sr. Code Officer Lewis commented he had spoken to the Building Department and they were trying to pass an ordinance to get a permit for temporary "pods." It never went into effect. The general rule had been to allow temporary storage for 30 days. Mr. Shores had not discussed this with the Building Department because he did not believe putting in flooring and cabinets were matters that required permitting. Summarizing board comment, it seemed the container was secure, behind fencing, not an eyesore, and the individual was trying to beautify his home. It also seemed quite strong and unlikely to be affected by a hurricane. As a temporary measure, it was deemed acceptable within the stated time limit. In response to a question from Mr. Foot, Mr. Webb confirmed he had received no complaints from the neighbors. Motion Based on the testimony and evidence presented in Case #06-1534, Ms. Carroll moved that this board find that Richard & Desiree A. Shores 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 November 14, 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 November 14, 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 5-0. VI. Old Business A. Lien Penalty Certifications Case #06-618 Donald &. Deborah Thomas 411 N.W. 1st Avenue Code Officer Cain reported the notice of violation was issued on March 10, 2006 for Community Appearance Code issues. A hearing was held on June 21, 2006, but no one appeared. The board set a compliance date of July 21, 2006 and proposed a fine for non-compliance of $25 per day. The property was not yet in compliance. Donald Thomas, 717 N.W. 22"d Street, Ft. Lauderdale, Florida, stated he just became aware of the problem two weeks previously. He owned this home for 22 years, but had resided in Ft. Lauderdale for the last 17 years. He did not intend to sell the property and did intend to do work on the yard. A lot of damage had taken place two years previously during a hurricane. He acknowledged this was a rental property. The tenant gave him the envelope placed on the front door when the property was posted. The grass had been cut. The yard needed to be scraped and he planned to have a Bobcat do that prior to laying down sod in the yard and swale. He estimated this job would be complete in just a few days. 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2006 Chair Costantino reminded Mr. Thomas that his address of record with the County Property Appraiser's Office was this address, and it was not the City's responsibility to track him down in order to communicate with him. Motion Mr. Foot moved to table Case #06-618 to September 20, 2006. Ms. Simshauser seconded the motion that passed 5-0. Case #06-1351 Gracie M. Denson 220 N.W. 6th Avenue Sr. Code & Rehab Officer Roy reported this property had been cited on May 31, 2006 for having inoperable vehicles. A hearing was held on July 19, 2006 and no one appeared. The board set a compliance date of July 29, 2006 and proposed a fine for non-compliance of $100 per day. The violation still existed. The City recommended tabling the case until September 20, 2006 and if the Respondent were able to clear the violation in a few days, he would recommend "No Fine. " Amanda Denson, 220 N.W. 6th Avenue, Boynton Beach, appeared for her mother, Gracie M. Denson. When she received the notice, she came to the City to find out what it was all about. She was told it was for an unregistered, inoperable vehicle. She maintained her brother had been in an accident and they were waiting for the insurance adjuster to come look at the car. In regards to getting the written notice and certified mail from the City, she explained that she worked Monday through Saturday and the Post Office was closed when she got home. Motion Ms. Simshauser moved to table Case #06-1351 until September 20, 2006. Ms. Carroll seconded the motion that passed 5-0. Case #06-1163 Idovia Alexis &. Nicolas Lyly 2657 N.E. 4th Street Sr. Code Officer Webb reported the notice of violation had been issued on May 10, 2006 for Community Appearance Code violations. A board hearing was held on June 21, 2006 and Idovia Alexis appeared. The board proposed a compliance date and fine of July 21, 2006 or $100 per day. The violations still existed. Jean Josias, husband of Idovia Alexis, appeared on her behalf. With the assistance of Sr. Code Officer Pierre, who translated for him, Mr. Josias explained the status of the case. The date of compliance passed while he was in the hospital for surgery. He had removed most of the storage and debris, although he was under doctor's orders not to move anything. Sr. Code Officer Webb showed pictures of the property to the board. Ms. Carroll lived in the vicinity and noted that the rat population had increased, which she attributed to the furniture still out in the yard. It was improved from the owner's last appearance before the board, but there was still a problem and in her opinion, there was a health hazard. Sr. Code Officer Pierre advised that the Respondent had scheduled a special trash pickup for August 17, 2006. 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2006 Ms. Carroll noted there seemed to be a significant number of persons at home every day, many of whom appeared to be able-bodied. She inquired whether they were relatives and if so, whether they could assist the Respondents to clean up the property. Mr. Josias responded the job was almost finished now. Mr. Webb remarked the first time this property had been cited there had been a pile of trash ten feet high in the back yard. The owner promised when he cleaned it up that time there would never be a problem again. That did not last long. The property was cited as a result of a routine inspection the first time, but in this case, neighbors had begun to complain. The board noted a Cease & Desist Order for $100 an occurrence was already running on this property and if certified, the fine would be added to that and run concurrently. City Attorney Cherof confirmed this. Ms. Cook remarked this case was before the board in regards to the original notice of violation order on the trash and not the Cease & Desist order. Notice of violation of the Cease & Desist Order would have to come from the City before the board could address that, and City Attorney Cherof agreed. Motion Based on evidence and testimony presented in Case #06-1163, Ms. Carroll moved this board find the Respondents had not complied with the board's order dated June 21, 2006 and having considered the gravity of the violations, the actions taken by the Respondents, that this board impose a fine in the amount of $100 per day plus administrative costs, which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Cook seconded the motion that passed 5-0. Case #06-554 Anael F. Lambert 50 s. Palm Drive Sr. Code Officer Webb reported the notice of violation on this property had been issued on March 7, 2006 for numerous violations of the City's Building and Appearance Codes. Mr. Lambert appeared at the board hearing on April 19, 2006. The board set a compliance date and fine of June 3, 2006 and $50 per day on the second board order. The violation still existed. Anael Lambert, 50 s. Palm Drive, Boynton Beach, appeared. Mr. Foot asked Mr. Webb to explain what remained to be done on this case. Mr. Webb responded the house needed repairs before Mr. Lambert was able to rent it. Also, he had agreed to take down the "For Rent" sign until the violations had been cleared up, but it was still there. Mr. Lambert responded while he was in Haiti recently when his grandfather passed away, the person working inside the house for him had put the sign back out. Mr. Lambert showed some pictures to the board detailing the progress he had made towards completion of the interior renovations of the home. He only needed to finish a couple of cabinets in the kitchen before he could call for an inspection. He had telephoned Mr. Webb to come for a status visit today, but was advised Mr. Webb was too busy to visit him. Mr. Webb noted it had been awhile since he had been inside the house. All of the violations had to be completed before he would sign off on it and it could be rented. There were shades hanging out of a window and holes in the wall, among other things. Mr. Lambert asked where the holes were, and Mr. Webb responded, in the utility room. 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2006 Sr. Code Officer Pierre noted he was in the rental business. When a house is being painted, for example, you put a For Rent sign out and tell the persons who inquire the date when the rental might be available. Otherwise, people are not aware the property is a potential rental. He did not feel an issue should be made of the sign. Mr. Lambert could not get an occupational license or rent the property without addressing all the Code violations first. Chair Costantino believed the board had been very patient in this matter and had tried to work with Mr. Lambert. She saw progress, but felt the fine should be certified. Mr. Foot believed that if it were certified, it would require Mr. Lambert to spend $450 more on the property in affidavit and lien reduction fees. He felt there would be more motivation in tabling the case than putting it into a certified status. Mr. Lambert had made definite progress, as bad as it was at the beginning. Motion Mr. Foot moved to table Case #06-554 until September 20, 2006. The motion failed for lack of a second. Motion Based on the testimony and evidence presented in Case #06-554, Ms. Carroll moved that this board find that the Respondent had not complied with this Board's Order dated April 19, 2006, and having considered the gravity of the violations, the actions taken by the Respondent, that this board impose and certify a fine in the amount of $50 per day plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. The motion passed 4-1, Mr. Foot dissenting. Case #06-1205 Anand Patel LLC 2201 S. Federal Highway Sr. Code Officer Pierre reported the notice of violation on this case had been issued on May 12, 2006 for violations of the Community Appearance Code and a need to secure the building. A hearing was held on June 21, 2006 and no one appeared. The board set a compliance date and proposed a fine of July 1, 2006 or $50 per day. The violation still exists. Anand Patel, 2201 s. Federal Highway, Boynton Beach, appeared. When they first got the notice, they cut the grass and removed the car. Then they had to remove another car and so they put a chain across the drive. One of the vehicles appeared to be a City of Boynton Beach vehicle, but the City denied it was theirs. Finally, the Department of Transportation removed it. Mr. Pierre noted it was not the grass that needed trimming as much as the trees needed to be cut. Mr. Patel had taken out about four trees, but Mr. Pierre told him he had to remove the stumps. Mr. Patel commented he was in the process of negotiating with the Community Redevelopment Agency to place a hotel on this property and had been working with the CRA and Planning and Zoning for the previous five months. He expected to obtain approval in November. At that time he could apply for a demolition permit. In the meantime, he also owned the two-story motel behind the subject property (the old Denny's on Federal Highway), and overflow from the 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2006 hotel was parking on the property that was awaiting demolition. They had secured the doors so people could not get in the building. Ms. Cook noted the four and five-foot high weeds were causing the property to be an eyesore. He should remove any tree branches and limbs to make certain there were no hurricane hazards. She suggested he do that and ask the board to table the case until he was able to obtain his demolition permit. In the meantime, he could keep the property as presentable in appearance as possible. Mr. Patel noted there was one tree left and he would have his landscaper remove it when the landscaper returned from his vacation soon. Mr. Pierre wanted the Respondent to remove all the trash and move the vehicles. The Respondent maintained they had a cross-access agreement with the motel behind the subject property, granting parking rights to overflow from the motel. Mr. Pierre noted a one-ton truck belonged in an industrial district. Mr. Patel countered that some people staying at the motel had commercial vehicles. Mr. Pierre wanted the motel residents to park on the motel side. Mr. Patel maintained it was a C-3 zone at present and they had a cross-access parking agreement. They would take care of any trash remaining on the property on the day following this meeting. In the future, if a vehicle did not have a tag, they would arrange to have it towed. Chair Costantino felt as long as the inoperable, untagged vehicles were removed, he could be allowed to park the hotel overflow on the subject property. The board concurred. Motion Mr. Foot moved to table Case #06-1205 until September 20, 2006. Ms. Simshauser seconded the motion that passed 5-0. The meeting recessed at 8:53 p.m. and resumed at 9:02 p.m. New Cases to be Heard (cont'd.) Case #06-1784 Property Address: Violation( s}: Nanette Mallol 57 sausalito Drive CH 2.5-3 &. CH 2.5-7 Alarm operating permit required in form of a decal authorizing use of such alarm. Decal shall be displayed at the main entry or a conspicuous place at the front of the premises. Code Administrator Blasie reported the citation was issued on July 12, 2006. Two certified letters were returned and the property was posted. The City recommended compliance by September 15, 2006. Motion Based on the testimony and evidence presented in Case #06-1784, Mr. Foot moved that this board find that Nanette Mallol is in violation of City of Boynton Beach Code sections as cited, 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2006 and moved to order that the Respondent correct the violations on or before September 15, 2006. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day for each day the violations continue past September 15, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed 5-0. Case #06-1476 Property Address: Violation( s}: Chackman Motels, Inc. 706 W. Boynton Beach Boulevard BBA FBC '05 105.1.1, CH10-ARTII- sEC10-31 A permit is required for re-roof. Container in rear of store must be kept in clean and sanitary condition; tightly covered and in good state of repair; all refuse containers. Code Officer Cain reported this property had been cited on June 13, 2006. The property owner's address is 17914 Lake Estate Drive, Boca Raton, Florida. The City recommended compliance by August 26, 2006. Mr. Cain declared the property was in Gateway Center Plaza by the Waffle House. There was no motel involved. Motion Based on the testimony and evidence presented in Case #06-1476, Ms. Cook moved that this board find that Chackman Motels, 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 August 26, 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 26, 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 #06-1558 Property Address: Violation( s}: Charles M. &. Dana A. Eno 141 S.W. 10th Avenue 10-2 BBC of ORD. Mow overgrown yard and swale. Code Inspector Guillaume stated the City recommended a compliance date of August 26, 2006. Motion Based on the testimony and evidence presented in Case #06-1558, Ms. Carroll moved that this board find that Dana A. & Charles M. Eno 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 26, 2006. The board has considered the gravity of the violations, the actions taken by 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2006 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 26, 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 #06-1580 Property Address: Violation( s}: Harvey E. Oyer, Jr. N.E. 3rd Street (vacant lot) North side of 401 E. Ocean Avenue. Vacant lot must be kept mowed and free from trash and debris. Code Inspector Guillaume stated the City recommended August 26, 2006 for compliance. Motion Based on the testimony and evidence presented in Case #06-1580, Ms. Carroll moved that this board find that Harvey E. Oyer, 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 August 26, 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 26, 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 #06-1866 Property Address: Violation(s}: Jean J. &. Dantile Vitalien 213 S.W. 7th Avenue 10-2 BBC of ORD, PT3-LDR.CH2.SEC 4.J.l Mow overgrown yard and trim hedges. Code Inspector Guillaume declared this property had come into compliance. Motion Mr. Foot moved to dismiss Case #06-1866. Ms. Carroll seconded the motion that passed 5-0. Case #06-1366 Property Address: Violation( s}: Liliang &. Dong Xiu Juan Yang 240 N. Congress Avenue CH15-ART.IX-15-120 (D) 1 INC, PT3- LDR.CH7.5-II. sEC 5.B, CH21 ART I sEC 13 Return landscaping to the original Site Plan. Fix or repair sprinkler system, replace bushes, trees, hedges and grass. Repair sign with a permit. A 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2006 copy of the original site plan may be obtained from Planning &. Zoning. Sr. Code & Rehab Officer Roy stated the City recommended compliance by September 15, 2006. Motion Based on the testimony and evidence presented in Case #06-1366, Ms. Simshauser moved that this board find that Liliang & Dong Xiu Juan Yang 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 September 15, 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 September 15, 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 #06-1148 Property Address: Violation( s}: Mary Stroud 2090 N.W. 1st Street 10-3 BBC of ORD, ART.II SEC 10-24 (A.l) CH15-ART.IX-15-120 (D) INC. Remove construction waste, trash, and debris from the swale. Cease dumping construction debris in swale area on the southwest side and adjacent property. Re-sod dead areas of the swale (trash hole) and front yard; remove all lumber, inoperable vehicles, and construction debris form the yard areas. Sr. Code Officer Lewis declared the City recommended compliance by August 31, 2006. Motion Based on the testimony and evidence presented in Case #06-1148, Ms. Carroll moved that this board find that Mary Stroud 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 31, 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 August 31, 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 #06-1569 Property Address: Prime Property of Palm Beaches 121 N.E. 16th Avenue 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2006 Violation( s}: BBA FBC '05 105.1.1, 105.4, 108.5; CH1S-ART.IX-1S-120 (D) INC. Secure permits and inspections for all remodel work done on the interior and exterior of the house. (See copy of "Red Tag." Front, rear, and side yards need all trash and debris removed. Inoperable vehicle needs to be removed. Remove all trash and debris from the swale area. Re-sod dead areas of the yard and swale. Sr. Code Officer Lewis declared the owner was a repeat offender. The City recommended compliance by September 15, 2006. Motion Based on the testimony and evidence presented in Case #06-1569, Ms. Carroll moved that this board find that Prime Property of the Palm Beaches 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 15, 2006. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past September 15, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion. Ms. Cook suggested increasing the fine to $250 and Ms. Carroll and Ms. Simshauser agreed. The motion passed 5-0. Case #06-1578 Property Address: Violation( s): Robert J. &. Betty A. Moran 408 N.E. 20th Avenue 20-6 BBC of ORD, CH1S-ART.IX-1S- 120 (D) INC, 10-52 BBC of ORD Remove abandoned boat without trailer from the rear yard and property. Re-sod dead areas of the front yard west of the driveway. Sr. Code Officer Lewis declared the City recommended compliance by August 31, 2006. Motion Based on the testimony and evidence presented in Case #06-1578, Ms. Carroll moved that this board find that Robert J. & Betty A. Moran 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 31, 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 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2006 the violations continue past August 31, 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 #06-1611 Property Address: Violation(s}: Nelson Antoine 1401 N.W. 3rd Street CH1S-ART.IX-1S-120 (D) INC, 10-52 BBC of ORD. Remove inoperablel unregistered vehicle from the property. Sr. Code Officer Lewis stated the City recommended 15 days for compliance. Motion Based on the testimony and evidence presented in Case #06-1611, Mr. Foot moved that this board find that Nelson Antoine 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 31, 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 31, 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 #06-1676 Property Address: Violation( s}: L &. L Housing, Inc. 240 N.W. 20th Court CH1S-ART.IX-1S-120 (D) INC, BBA FBC '05105.1.1, PT3-LDR.CH20- VIII.SEC1.G, SEC2.A, SEC 2.B Housing does not meet minimum standards due to unsanitary, unfit living conditions. All mechanical, electrical and plumbing systems need to be in working order. Broken windows need to be repaired. Remove all trash, garbage and debris fro outside the property (including the swale area). Overgrown weeds need to be removed. Broken fence needs to be repaired. Inoperable vehicles need to be removed. Permit needed for new windows installed. Interior needs a rental inspection before license will be renewed. Call Skip Lewis at 742-6830. 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2006 Sr. Code Officer Lewis declared the owner's tenant had moved out and the owner had asked for 60 days to bring about the necessary repairs and obtain a permit for the windows. The City recommended October 15, 2006 for compliance. Mr. Foot inquired whether the trash, debris, and garbage had been removed. Mr. Lewis responded the owner had called the City for a special pickup that should take place on the day after the meeting. He confirmed the structure was secured. Motion Based on the testimony and evidence presented in Case #06-1676, Ms. Simshauser moved that this board find that L & L Housing, 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 October 15, 2006. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past October 15, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that passed 5-0. Case #06-1850 Property Address: Violation( s}: Sonia Etienne 1633 N.E. 1st Street BBA FBC '05 105.1.1, BBCO CH 4. sEC 4-18, CH 4 ART 1.4-19 Secure a building permit and inspections for the new windows installed. Cease the housing of fowl on the property. Remove all birds in violation and cease any further fowl violations (roosters, chickens, etc.) Sr. Code Officer Lewis stated the City recommended compliance by September 15, 2006. Motion Based on the testimony and evidence presented in Case #06-1850, Mr. Foot moved that this board find that Sonia Etienne 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 15, 2006. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past September 15, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed 5-0. Case #06-1897 Property Address: Joseph &. Philipe C. St. Elot 407 N.E. 2nd Street 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2006 Violation( s}: CH1S-ART.IX-1S-120 (D) INC, PT3- LDR.CH2.sEC4.J.l Mow grass, weeds and trim. Cut hedges to four foot high. Sr. Code Officer Melillo stated the City recommended compliance by August 26, 2006. Motion Based on the testimony and evidence presented in Case #06-1897, Ms. Carroll moved that this board find that Joseph & Philipe C. St. Elot 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 26, 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 August 26, 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 #06-1561 Property Address: Violation( s}: Michael &. Josephine Honan 135 High Point Boulevard North A 13-16 BBC of ORD. Occupational license required to rent your property. Please obtain your license from the Occupational License Department. Seamstress business is not allowed in a residential zone. Sr. Code Officer Pierre declared the owners of record live at 6 N. Marcella Road, Mt. Prospect, IL 60056. The City recommended compliance by September 15, 2006. Motion Based on the testimony and evidence presented in Case #06-1561, Ms. Carroll moved that this board find that Michael & Josephine Honan 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 September 15, 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 September 15, 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 #06-1637 Property Address: Violation( s}: Mark J. &. Andrea C. Spradling 2802 S.W. 8th Street CH1S-ART.IX-1S-120 (E) INC. Replace all broken windows. Permit will be required to replace windows. 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2006 Sr. Code Officer Pierre stated the City recommended compliance by August 31, 2006. Motion Based on the testimony and evidence presented in Case #06-1637, Ms. Simshauser moved that this board find that Mark J. & Andrea C. Spradling 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 31, 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 31, 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 #06-1640 Property Address: Violation( s}: Jean B. Ray 722 S.W. 25th Avenue CH1S-ART.IX-1S-120 (D) INC. Mow and trim yard and remove dead trees. Sr. Code Officer Pierre declared the City recommended compliance by August 31, 2006. Motion Based on the testimony and evidence presented in Case #06-1640, Ms. Simshauser moved that this board find that Jean B. Ray 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 31, 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 31, 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 #06-862 Property Address: Violation(s}: Omautie Lallharry and Bhagwn Singh 2319 N. Congress Avenue #23 13-16 BBC of ORD. Occupational license is required to rent property at 2319 N. Congress Avenue #23. Call Occupational License 742-6360 to proceed. Sr. Code & Rehab Officer Roy stated the owners' address is 441 N.W. 26th Street, Apt. 216, Ft. Lauderdale, FI. The City recommended 30 days for compliance. 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2006 Motion Based on the testimony and evidence presented in Case #06-862, Mr. Foot moved that this board find that Omautie Lallharry & Bhagwn Singh 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 September 15, 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 September 15, 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 #06-754 Property Address: Violation( s}: Elpagnier &. Winston Hudson 2731 N.E. 4th Street CH1S-ART.IX-1S-120 (D) 1 INC., BBA FBC '05 105.1.1 Obtain permits for a/c unit and irrigation system and remove all loose trash and debris. Sr. Code Officer Webb indicated the City recommended compliance by October 15, 2006 since permits were involved. Motion Based on the testimony and evidence presented in Case #06-754, Ms. Cook moved that this board find that Elpagnier & Winston Hudson 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 15, 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 October 15, 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 #06-1312 Property Address: Violation( s}: Dieunette &. Antoine Joseph 2320 N. Seacrest Boulevard CH1S-ART.IX-1S-120 (D) .1A Remove unlicensed and inoperable vehicles and place four inch house numbers on building visible from City right-of-way. Sr. Code Officer Webb indicated the City recommended August 26, 2006 for compliance. Motion Based on the testimony and evidence presented in Case #06-1312, Ms. Cook moved that this board find that Dieunette & Antoine Joseph are in violation of City of Boynton Beach Code 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2006 sections as cited, and moved to order that the Respondents correct the violations on or before August 26, 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 26, 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 #06-1383 Property Address: Violation( s}: Gregory &. Rose Johnson 3290 N. Sea crest Boulevard CH1S-ART.IX-1S-120 (D) 1 INC Remove the two remaining unlicensed and inoperable vehicles from your property. Repeat violation will be $250 a day fine. Sr. Code Officer Webb stated this was a repeat offender. The City recommended compliance by August 26, 2006. Motion Based on the testimony and evidence presented in Case #06-1383, Ms. Cook moved that this board find that Gregory & Rose Johnson are in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondents correct the violations on or before August 26, 2006. The board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $250 per day for each day the violations continue past August 26, 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 #06-1495 Property Address: Violation( s}: Douglas M. Feeley 331 N.E. 24th Avenue 10-2 BBC of ORD, CH1S-ART.IX-1S- 120 (D) 1 INC, PT3-LDR.CH2. sEC 6.B.l, CH 20 sEC 8.E-16 Remove all outside storage of items under carport not actively being used. Remove unlicensed R.V. Mow tall weeds and remove trash and debris. Clean dank water in pool and place four inch house numbers on building visible from City right-of-way. Ms. Cook asked Mr. Webb about the pool and whether it was hazardous. Sr. Code Officer Webb stated that the water in the pool was green, but the owner advised him today he had drained the pool. 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2006 Motion Based on the testimony and evidence presented in Case #06-1495, Ms. Cook moved that this board find that Douglas M. Feeley 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 31, 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 August 31, 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 #06-1564 Property Address: Violation(s}: Linda Giovinazzo 3260 Orange Street CH1S-ART.IX-1S-120 (d) 1 INC, PT3- LDR. CH2. sEC 6.B.l Remove outside storage of items under carport not actively being used and keep property mowed and free of all trash and debris. Sr. Code Officer Webb indicated the City recommended compliance by August 26, 2006. Motion Based on the testimony and evidence presented in Case #06-1564, Ms. Carroll moved that this board find that Linda Giovinazzo 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 26, 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 26, 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 #06-1632 Property Address: Violation( s}: Sunshine Homes &. Apartment Inc. 3150 Orange Street 10-2 BBC of ORD. Vacant property must be kept mowed and free of all trash and debris. Sr. Code Officer Webb indicated the City recommended a compliance date of September 15, 2006. Motion Based on the testimony and evidence presented in Case #06-1632, Ms. Simshauser moved that this board find that Sunshine Homes & Apartments, Inc. is in violation of City of Boynton Beach 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2006 Code sections as cited, and moved to order that the Respondent correct the violations on or before September 15, 2006. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $75 per day for each day the violations continue past September 15, 2006 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed 5-0. Case#06-1663 Property Address: Violation( s}: William M. Ganoe 460 Ocean Parkway 13-16 BBC of ORD An occupational license is needed for rental property. Sr. Code Officer Webb indicated the City recommended compliance by August 26, 2006. Ms. Simshauser asked if ten days was realistic since a permit was involved. Mr. Webb thought it was realistic as it was for an occupational license. Motion Based on the testimony and evidence presented in Case #06-1663, Ms. Simshauser moved that this board find that William M. Ganoe 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 26, 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 26, 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. Case #06-1689 Property Address: Violation( s}: Hugo Sanchez &. Badillo Socorro 400 Ocean Parkway BBA FBC '05 105.1.1 Remove all unpermitted canopies from property . Sr. Code Officer Webb recommended compliance by August 26, 2006. Motion Based on the testimony and evidence presented in Case #06-1689, Ms. Cook moved that this board find that Hugo Sanchez & Badillo Socorro are in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondent correct the violations on or before August 26, 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 August 26, 2006 plus administrative costs shall be imposed. The 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 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 5-0. Case #06-1691 Property Address: Violation( s}: Jose P. Mateo 2628 N.E. 3rd Street CH1S-ART.IX-1S-120 (D) 1 INC. Please remove all trash and debris. Remove unlicensed trailer and remove outside storage under carport from public view. Keep grass mowed. Sr. Code Officer Webb indicated the City recommended compliance by August 26, 2006. Motion Based on the testimony and evidence presented in Case #06-1691, Mr. Foot moved that this board find that Jose P. Mateo 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 26, 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 26, 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. VI. Old Business A. Lien Penalty Certifications Sr. Code Officer Webb indicated the City recommended certifying a fine in the amount of $25 per day for the following cases: Case #06-110, Case #05-2800, and Case #06-1046. Case #06-110 Kathleen A. Romeo 303 s. W. 7th Street Motion Based on the testimony and evidence presented in Case #06-110, Ms. Carroll moved that this board find that the Respondent has not complied with this Board's Order dated March 15, 2006, and having considered the gravity of the violations, the actions taken by the Respondent, that this board impose and certify a fine in the amount of $25 per day plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Foot seconded the motion that passed 5-0. Case #05-2800 Justin Scarpelli 412 s.E. 21st Avenue Motion Based on the testimony and evidence presented in Case #05-2800, Ms. Carroll moved that this board find that the Respondent has not complied with this Board's Order dated April 19, 2006, 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2006 and having considered the gravity of the violations, the actions taken by the Respondent, that this board impose and certify a fine in the amount of $25 per day plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Foot seconded the motion that passed 5-0. Case #06-1046 John W. Field, Jr. 311 Ocean Parkway Motion Based on the testimony and evidence presented in Case #06-1046, Ms. Carroll moved that this board find that the Respondent has not complied with this Board's Order dated July 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. Mr. Foot seconded the motion that passed 5-0. Sr. Code Officer Webb indicated the City recommended certifying a fine in the amount of $50 per day for Case #06-1274. Case #06-1274 Daniel &. Woyaline F. Dirogene 1635 N.E. 4th Court Motion Based on the testimony and evidence presented in Case #06-1274, Mr. Foot moved that this board find that the Respondents have not complied with this Board's Order dated June 21, 2006, and having considered the gravity of the violations, the actions taken by the Respondents, that this board impose and certify a fine in the amount of $50 per day plus administrative costs, which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that passed 5-0. Sr. Code Officer Webb indicated the City recommended certifying a fine in the amount of $100 per day for Case #06-644 and Case #06-1350. Case #06-644 Allan Zambelia 206 s. W. 3rd Street Motion Based on the testimony and evidence presented in Case #06-644, 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 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. 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2006 Case #06-1350 Josephus McDonald 556 N.W. 10th Avenue Motion Based on the testimony and evidence presented in Case #06-1350, Ms. Simshauser moved that this board find that the Respondent has not complied with this Board's Order dated July 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 $100 per day plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that passed 5-0. Sr. Code Officer Webb indicated the City recommended certifying a fine in the amount of $250 per day for Case #06-99. Case #06-99 Ernestine Waters 160 N.E. 19th Avenue Motion Based on the testimony and evidence presented in Case #06-99, Ms. Simshauser moved that this board find that the Respondent has not complied with this Board's Order dated March 15, 2006, and having considered the gravity of the violations, the actions taken by the Respondent, that this board impose and certify a fine in the amount of $250 per day plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that passed 5-0. Sr. Code Officer Webb indicated the City recommended certifying "No Fine" in the following cases: Case #05-2639, Case #06-1179, Case #06-1195, Case #05-912, Case #06-1094, and Case #06-1080. Case #05-2639 Sean M. Sternbach 1011 S.W. 25th Avenue Motion Based on the testimony and evidence presented in Case #05-2639, Ms. Carroll moved that this Board find that the Respondent has complied with this Board's Order dated January 18, 2006, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify "No Fine," including administrative costs. Mr. Foot seconded the motion that passed 5-0. Case #06-1179 1420 Holdings - Atlantic Granite, Inc. 1420 S.W. 30th Ave., 11 Motion Based on the testimony and evidence presented in Case #06-1179, Ms. Carroll moved that this Board find that the Respondent has 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 "No Fine," including administrative costs. Mr. Foot seconded the motion that passed 5-0. 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2006 Case #06-1195 Roger &. Angela F. McKennon 225 N.W. 3rd Avenue Motion Based on the testimony and evidence presented in Case #06-1195, Ms. Carroll moved that this Board find that the Respondents have complied with this Board's Order dated June 21, 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. Mr. Foot seconded the motion that passed 5-0. Case #05-912 C &. N Center Investments, Inc. 2960 N.W. Commerce Park Dr. Motion Based on the testimony and evidence presented in Case #05-912, Ms. Carroll moved that this Board find that the Respondents have complied with this Board's Order dated April 19, 2006, and having considered the gravity of the violations, the actions taken by the Respondents, that this Board impose and certify "No Fine," including administrative costs. Mr. Foot seconded the motion that passed 5-0. Case #06-1094 A. Coleman, Jr. 433 N.W. 5th Avenue Motion Based on the testimony and evidence presented in Case #06-1094, Ms. Carroll moved that this Board find that the Respondent has 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 "No Fine," including administrative costs. Mr. Foot seconded the motion that passed 5-0. Case #06-1080 Brent Bean 10 Crossing Cr "F" Motion Based on the testimony and evidence presented in Case #06-1080, Ms. Carroll moved that this Board find that the Respondent has complied with this Board's Order dated July 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. Mr. Foot seconded the motion that passed 5-0. VII. Adjournment Chair Costantino noted there would be a lien reduction meeting in Chambers at City Hall on Thursday, August 24, 2006 at 3:00 p.m. Chair Costantino announced she was unable to attend. The 2nd Vice Chair had a potential conflict and would confirm her attendance on Monday, August 21, 2006. Since there was no further business before the board, the meeting was duly adjourned at 9:20 p.m. 28 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 16, 2006 Respectfully submitted, ~~tM ~'I Susan Collins Recording Secretary (081706) 29