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Minutes 09-20-06 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, SEPTEMBER 20, 2006 AT 7:00 P.M. IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA Present: Michele Costantino, Chair Richard Yerzy, 1st Vice Chair Lisa Simshauser, 2nd Vice Chair Kathy Cook (left meeting at 9:00 p.m.) Robert Foot Jack Robert Lamb George Moyer, Alt. David Tolces, Assistant City Attorney Scott Blasie, Code Compliance Administrator Code Officers: Mike Melillo Willie Webb Courtney Cain Pete Roy Luney Guillaume Skip Lewis Vestiguerne Pierre Absent: Kathleen Carroll I. Call to Order Chair Costantino called the meeting to order at 7:00 p.m. II. Approval of Minutes There was one correction read into the record on Page 10, Case #06-1163 - fourth line of the motion should read, "impose and certify a fine". There were no other changes to the minutes. Motion Mr. Yerzy moved to accept the minutes as amended. Ms. Simshauser seconded the motion that unanimously passed. Chair Costantino announced Code Officer Vestiguerne Pierre was now a Senior Code Officer. Chair Costantino and the board congratulated Officer Pierre on his promotion. III. Approval of Agenda Chair Costantino asked if there were any changes in the agenda. Sr. Code Officer Pierre reported the following changes into the record: Case #06-2120 - complied, Case #05-2114 - removed, Case #06-1548 - complied, Case #06-1890 - removed, Case #06-1934 - removed. Case #06-1981 - complied, Case #06-1900 - complied. Case #06- 2028 - complied. Case #06-1330 - removed, Case #06-2018 - removed, Case #06-2020 - removed, Case #06-2149 - removed. There were no other changes to the agenda. 1 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 20, 2006 Motion Mr. Foot moved to approve the agenda as amended. Mr. Yerzy seconded the motion that unanimously passed. IV. Swearing in of witnesses and introduction Attorney Tolces explained the hearing procedures and administered an oath to all persons that would be testifying. V. New Business Before commencing with New Business, cases to be heard, Chair Costantino introduced Mr. Jack Lamb, Regular Member, and Mr. George Moyer, Alternate Member. Officer Pierre called the roll to determine who was present. Chair Costantino requested Case # 06-1351 be heard first. Ms. Denson was present with small children, and the request would allow Ms. Denson to get the children home and ready for school for the next day. There were no objections from the board to the request. A. Cases to be Heard (New) Case # 06-1351 Property Address: Violation(s): Gracie M. Denson 220 NW 6th Ave. CHIS-ART.IX-15-120(D). Inc. Remove inoperable vehicles Officer Roy reported the Notice of Violation had been on May 3G 31, 2006. No one appeared at the Code Compliance Board Hearing on July 19, 2006. The compliance date and fine set by the board was July 29, 2006 or $100 per day. Officer Roy announced he inspected the location and, as of 3:30 p.m. the violation still existed but Ms. Denson had appeared and indicated it had been removed. Officer Roy could not verify Ms. Denson's statement but noted she was present and could testify under oath. Ms. Amanda Denson, 220 NW 6th Avenue, Boynton Beach was present. Ms. Denson announced she was the property owner's daughter and was authorized to be present and speak on her behalf. Ms. Denson reported at 3:30 p.m. the car was not removed. She had spoken with individuals about removal of the vehicle and was promised it would be removed. She announced she had stood and watched the car being removed and it was no longer there. Officer Roy had no other information to add except there were 52 days of non-compliance at $100 per day. 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 20, 2006 Mr. Foot asked if there were actually five inspections of the violation or whether they were pro forma. Officer Roy announced there were probably more than five inspections conducted of the site, but they were drive-bys. He posted the notice on the property. Ms. Denson, indicated she works all day in West Palm and the only way she found out about the violation was the posting. Chair Costantino noted the violation was for more than one vehicle. Officer Roy verified the violation was for two vehicles. Ms. Denson reported the other vehicle did not belong to her. Rather it belonged to a man who just parked it there and the City towed it away. Mr. Foot recommended working with the inspection costs of $480 and not assessing the fine of $100 per day for the 52 days. The affidavit had not been filed at this point. The board discussed this was a fine certification and considered tabling the case to the next lien reduction meeting. Mr. Foot noted Officer Roy does not normally attend the lien reduction meetings and suggested moving forward. Motion Based on the testimony and evidence presented in Case # 06-1351, Mr. Foot moved that this Board find that the Respondent, Gracie M. Denson was in violation of the City of Boynton Beach Code Section as cited, subsequent to the date of compliance specified in this Board's Order of July 19, 2006, and in consideration of the gravity of the violation, the actions taken by the Respondent to remedy the violation, and previous violation of the Respondent, that this Board impose and certify a fine in the amount for a total of $482.15 including Administrative Costs. Mr. Yerzy seconded the motion. Ms. Cook noted the amount on her documents was $480.15. Mr. Foot amended his motion to reflect $480.15. Mr. Yerzy agreed to the amendment. Vote Motion passed 6-1. (Ms. Simshauser dissenting) Chair Costantino explained to the respondent the board imposed a fine of $480.15. The respondent questioned why. She indicated she tried to comply, that she immediately spoke to Code Compliance when she got the letter, but the vehicle had been in an accident and they were waiting for the insurance adjustor to come by. She explained she was a single parent who works all day. She reported she was unable to get to the post office before it closed and was not trying to avoid the issue. Chair Costantino explained the only other option available to her would be to pay $250 to come back before the board to reduce or do away with the fine certification. Case # 06-1980 Property Address: ViolationCs): Victor L. Cook 654 W. Ocean Ave. BBA FBC 05.105.1.1 Permit required for building addition in the rear. A four times fee will apply. 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 20, 2006 104.7.5 BBA 01 BC Work commencing before permit Officer Cain presented the case and indicated the property is a single-family residence and is homesteaded. This case was a City property referral with an initial inspection date of July 28, 2006. The initial inspection was a written notice. Number of days given to comply was 10 days. The date the green card was sent was not in the file but the card was signed on August 16, 2006. The respondent was a repeat offender who was present. Mr. Victor L. Cook, 654 W. Ocean Ave., was present and pled no contest. Mr. Cook announced he has almost complied and had the blueprints and the receipt showing he paid for the permits. He indicated it was only a matter of days before he received them. He explained the architect took a lot longer to draw up the blueprint. For the record Mr. Victor L. Cook announced he was not related to Code Compliance Board Member, Kathy Cook. Ms. Cook asked the respondent why he would start work without a permit. Mr. Cook replied he had a permit but it had expired. He was out-of-state for two years and the entire house had to be redrawn. Officer Cain verified Mr. Cook's statements. Mr. Foot asked if 30 days would be sufficient. Mr. Cook indicated he had already gone back in for revision and thought it would be a matter of days. He reported he was paying the City overtime to expedite it. The permit was for a second story addition. Mr. Scott Blasie, Code Compliance Administrator, announced Mr. Cook had a permit twice, but it expired and he had not taken any action. The Building Code states the permit is good for six months, if he passes one inspection, its good from six months from there and so on. He would have preferred to site him for inspections, but wanted to make the board aware, this is the third go around with the same project and same permits. Ms. Cook asked legal counsel if obtaining just the building permit would stop the violation. Ms. Cook noted it does not say "close", just "obtain" the permit. Attorney Tolces explained that was correct. The Respondent only needed to obtain the permit. It was up to the Respondent to closeout the permit. Motion Based on the testimony and evidence presented in Case # 06-1980, Mr. Foot moved that this Board find that Victor L. Cook is in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violations on or before October 5, 2006. Based on the evidence presented in this case, the Board finds a repeat violation of the Code Sections as cited. Having also considered the gravity of the violations, the actions taken by the Respondent, the Board hereby orders that should the Respondent fail to comply with this order, a fine in the amount of $50 per day, shall be imposed for each day the violations continue past October 5, 2006, plus Administrative Costs. 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 unanimously passed. 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 20, 2006 Case # 06-1892 Property Address: ViolationC s): John and Elizabeth Cicciu 171 SE 31st Ave. CHI5-ART.IX-15-120CD). Inc. De-weed Driveway Code Officer Pierre presented the case. The Notice of Violation was issued July 21, 2006 Mr. John Cicciu, 171 SE 31st Ave. was present and pled no contest. Mr. Cicciu indicated he could spray Round-Up but preferred to just throw grass seed down. The driveway was a gravel driveway with sprinklers on either side and it would be an on-going project to have to use the herbicide. Mr. Cicciu requested permission to throw down the grass seed as he preferred to have the grass be there. He said when he could afford to put in the driveway, he would. Chair Costantino asked to view photographs which Officer Pierre provided. She explained the Appearance Code does not allow throwing down the seed. Attorney Tolces also explained it Mr. Blasie explained the Code has requirements for off-street parking and the Respondent needed a driveway to accommodate two cars. Motion Based on the testimony and evidence presented in Case # 06-1892, Ms. Simshauser moved that this Board find that the Respondents, John and Elizabeth Cicciu are in violation of the City of Boynton Beach Code Section as cited, and move to order that the Respondents correct the violation on or before October 20, 2006. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25 per day for each day the violation continues past October 20, 2006 plus Administrative Costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that unanimously passed. Case # 06-409 Property Address: ViolationCs): Claudio Gelis &. Elena Plaza 728 NE 8th Ave. 13-16 BBC of Ord. Occupational License required Sr. Code Officer Melillo presented the case as noted above and indicated the Notice of Violation was February 28, 2006. The hearing date was May 17, 2006 and no one appeared. The compliance date and proposed fine set by the board was May 27, 2006 or $25 per day. The violation still exists for 115 days of non-compliance. The violation is for an Occupational Rental License. Mr. Claudio Gelis, 2802 SW 4th Street, was present and confirmed it was a rental property. He reported he paid for an occupational license but he had problems with the tenant. Due to his problems speaking English, he had both written copies of his explanation and 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 20, 2006 photographs, which he distributed to the board. It was confirmed the board was hearing Case # 06-409. Mr. Foot indicated there was a tenant on the premises for six months, and now there is a commitment for another tenant. In a sense there was a violation twice because the property was rented twice without an occupational license for either situation. Mr. Gelis indicated he paid for the license when the City asked for it to be paid, but they never issued the license because there were more people living at the premises. The property was rented to six people because it was a big house, with three bedrooms, family room, three full baths and he expected six people. Then he later discovered there were ten people living at the home, and that was the reason why the City did not issue the license. Mr. Gelis indicated this incident was not a normal situation because the street was a mess and was closed and the tenants were unable to park their cars at the dwelling. He was able to find a couple willing to rent on October 1, 2006. When the current residents asked to hold over for one month (until September 30th), Mr. Gelis agreed with the understanding they must vacate by the end of the month. Ms. Simshauser asked the Respondent if he understood he needed to have a license to rent to anyone. Mr. Gelis responded he has other properties. He has commercial properties. He did not know he needed a rental license. When he found out, he applied right away. Officer Melillo indicated Mr. Gelis was cited on February 28, 2006. The date on the receipt he applied for the occupational license was May 11, 2006. The board discussed the Respondent did not understand the matter. Officer Melillo clarified when an occupational license is applied for, the dwelling has to pass an inspection before the license is issued. The Respondent paid the money, but he did not pass the inspection because there was a big question about the number of tenants in the house. The Hearing Date was May 17, 2006 and Mr. Gelis applied for the license around that time but did not pass the inspection. The Respondent asked for extensions or for the matter to be tabled, and met with Mr. Blasie about that, indicating the dwelling would be empty September 1, 2006. The home is not currently empty. Officer Melillo had photographs, which were distributed to the board. Mr. Gelis indicated the street in front of the house has a pile of concrete pilings and individuals do not want to rent with those conditions. Attorney Tolces advised the Respondent, he was not authorized to collect rent from tenants unless he had an occupational license. He advised he must obtain the license and he paid for the application, but the license had not been issued. The City's construction had nothing to do with the reason why the license had not been issued. Mr. Gelis explained he went to the Code Compliance Office several times to explain the problem and they extended the hearing until September 20, 2006 because he had a rental lease for six months. Chair Costantino explained that was not why he received the extension; rather, he received an extension because he was operating the rental property illegally and needed an inspection of the property to ensure it was safe for the tenants. 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 20, 2006 Mr. Gelis explained it was inspected by Officer Melillo, and the property was clean, had fire extinguishers and was in compliance. Mr. Gelis had a list of improvements and when Officer Melillo inspected it, it was found to be in compliance. Mr. Blasie met with Mr. Gelis as well as Officer Melillo and he explained while Mr. Gelis may have passed some inspection that Officer Melillo conducted, the main issue and contentions of the neighbors were that there were too many people living at the dwelling and they were not related. The tenants were from Texas doing hurricane relief work as far as they knew. Hurricane relief workers were not uncommon in Florida. Mr. Gelis understood that those people could not be there. Mr. Blasie extended the fine certification because Mr. Gelis advised him he had a lease that expired at the end of August. Mr. Blasie agreed to schedule the case in September for the board's determination, and by then, Mr. Gelis would be in compliance. Mr. Gelis however, extended the lease for another 30 days, until the end of September. There were still unrelated people living in the house, unstored equipment stored on the site and no license. The agreement they had was to come back in full compliance tonight. In addition to Mr. Gelis giving a verbal extension to the present tenants to stay until the end of the month, he had now rented to another couple effective October 1, 2006. Mr. Blasie explained chances were when the couple moved in, the dwelling would pass inspection because it would be a single-family leasehold and there would not be trucks, trailers and other equipment on the premises. Mr. Gelis explained he repaired the grass, repainted the home, and replanted the garden. Chair Costantino asked if Mr. Gelis were found in non-compliance and Officer Melillo conducted an inspection, would he not have an outstanding violation that would prevent him from obtaining the occupational license. Mr. Blasie explained there were two options. One option was to certify the fine because Mr. Gelis does not have an occupational license, or table the matter until the October meeting, when he may be able to obtain an occupational license. Mr. Gelis would need to obtain an inspection between this meeting and October 1, 2006. Mr. Gelis had originally indicated he would be out of town for this meeting but appeared. Ms. Cook agreed with Mr. Blasie and thought allowing another 30 days to see if Mr. Gelis could obtain the license, did not mean he would not be fined. She noted there are fees already associated with the violation and asked whether the board could fine the Respondent at a later time even though he may have obtained the license because he had been non-compliant. Attorney Tolces advised the board could still fine the Respondent. Ms. Cook suggested allowing the 30 days and having Mr. Gelis come back at which time the board would know if he obtained his license and could set a fine for not having a license for the first six months. Mr. Foot noted the accrual was at $2,800 and administrative costs were $672 without the affidavit filing costs. Ms. Gelis announced he has another property in Boynton Beach and asked for 30 days to repair the whole thing, obtain the license and pass the inspection. Chair Costantino explained to Mr. Gelis that he would be given 30 days and there is a fine of $25 per day running for 150 days. Mr. Gelis asked if he came back in 30 days and passed inspection if he had to pay the fine. Chair Costantino explained he would need to come back to 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 20, 2006 the board and the board would determine what they would do then. Mr. Gelis explained that was fair. Motion Ms. Simshauser moved that Case #06-409 be tabled until the Code Compliance meeting to be held on October 18, 2006. Mr. Foot seconded the motion that unanimously passed. Attorney Tolces advised Mr. Gelis the next meeting he had to attend was October 18, 2006. Case # 06-1413 Property Address: ViolationCs): Jason E. Robinson &. Robert R. Mattei 615 NW 4th St. CH 15-ART.IX-15-120CD).Inc. Remove trash and debris, mow overgrowth Officer Roy presented the case and indicated the matter came before the Code Compliance Board on August 16, 2006. Mr. Robinson appeared at that time. The compliance date and fine was set for August 26, 2006 or $100 per day. The violation still exists and has 25 days of non- compliance. Mr. Robinson was present to give testimony. Mr. Jason Robinson, 615 NW 4th Street, indicated he was unsure of what was happening. He reported he cuts the grass every Friday and it was presently cut. He removed the dumpster and the awning was gone. He asked what needed to be done. Officer Roy reported the backyard was still overgrown and there were rocks on the premises. Mr. Robinson indicated that was not part of the issue last time. Officer Roy reported it was the issue and produced photographs taken on September 18, 2006 for review. Mr. Robinson indicated the minutes of the last meeting would reflect the board was not concerned with the backyard, and that Officer Roy indicated that. Ms. Cook noted the violation was to remove trash and debris, and mow overgrowth. Mr. Robinson indicated he had not done anything to the back of the house. He removed articles from the front that could be construed as an obstacle to anyone's eye. He made sure the yard was cut. He cleaned up the bottles, hauled off the awning. Mr. Robinson said at the last meeting, Officer Roy indicated he was not concerned with what was in the rear of the house. He acknowledged it does say remove all debris and asked what type of debris should be removed. Officer Roy responded there were blocks in the front and back that were piled and were being saved for something. A permit is needed for concrete blocks. Mr. Robinson reported he bought the house with the concrete blocks and did not intend to put an addition on or anything. Attorney Tolces indicated outdoor storage on residential property is not allowed. Officer Roy explained if Mr. Robinson had a permit for a job, the material would be allowed to stay on the job as long as there was an open permit. There is a fence around the back. Mr. Foot noted the minutes reflect the issue was to get the trash removed and cut the overgrowth along the fence. He asked whether that was the back yard. Officer Roy clarified it was the side of the yard. Mr. Robinson commented he interpreted that to mean to cut the overgrowth along the side of the fence 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 20, 2006 where the fence exists and he cut it, weed-whacked it and mowed the grass on the side and the front of the yard, for everything visible to the street. Mr. Robinson said the last instructions he received were from the last meeting on the 16th to remove the container, which he did. He had no knowledge that he had to clean up the backyard. He has not done anything to the home because he was still fighting to get a permit. He has everything for the permit but a contract, and no one wants the job. Ms. Cook explained the minutes of August 16, 2006 indicated the back yard was discussed nearly verbatim to what Officer Roy reiterated at this meeting. Mr. Robinson responded if it was, he did not understand it to be so. He asked for 48 hours to clean the debris from the backyard. Officer Roy said there were blocks laying in the front yard against the fence that needed to be removed, mow the overgrowth in the back, get rid of the blocks, and trim the hedges on that side. Officer Roy acknowledged he was aware the yard was mowed in the front. Motion Ms. Cook moved that Case # 06-1413 be tabled until the Code Compliance Board meeting to be held on October 18, 2006. Ms. Simshauser seconded the motion. Motion passed 6-1. (Mr. Yerzy dissenting) Chair Costantino explained to the Respondent he was given 30 days to correct the violation. Senior Code Officer Skip Lewis announced there were two late arrivals that needed to be sworn in. Attorney Tolces administered the oath to them. Case # 06-1455 Property Address: Violation(s): Iglad Norelus 1519 NE 1st Ct. CH IS-ART .IX-15-120(D ).Inc. BBA FBC'05 105.1.1 BBA FBC'05 105.4 Secure permits for work on new fence, air conditioner condenser, back door, block wall with new stucco. Remove outdoor stored metal fencing and trash and debris. Officer Lewis presented the case as noted above. The Notice of Violation date was June 8, 2006. The Code Compliance Board hearing date was July 19, 2006. No one appeared. The compliance date and fine set by the board was August 18, 2006 or $75 per day. The violations still exist at 32 days of non-compliance. Mr. Iglad Norelus, 1519 NE 1st Ct. was present and explained he bought the home that had concrete blocks in the back, which became his responsibility. He applied for a permit but has not received it. He has two permits in the Building Department but he has not been called to pick them up. He has a fence in the back because he is doing a job in the front yard. Officer Lewis had photographs, but noted this was a fine certification. He explained the permit issue 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 20, 2006 was the fence in the back and that was not stated. The Respondent had applied for a wooden fence in the beginning. The applicant has not made application for the permit for the air conditioner. There is a permit applied for regarding stucco for the exterior of the building. The one he just put in, that had nothing to do with his case was for three window openings, that permit was applied for on September 18, 2006. There is metal fencing in the back that has been there since the violation. Officer Lewis distributed the photos for the board to review. Mr. Norelus indicated he was not changing the frame for the door and he reported he had checked before he did that. Mr. Foot asked for the City to recap the issue and whether the two outstanding items were the permit for the air conditioner and to remove the materials stored outside. Officer Lewis explained the Respondent blocked in an opening and that was part of the stucco issue. The stucco was a cover over. Mr. Foot asked whether the permit was needed to stucco, but not for the wall. Officer Lewis explained that would be a structural permit and he could not find anything in the records for that. When an opening is blocked in, it must be perm itted. Mr. Norelus indicated the stucco issue had been ongoing almost a year. Mr. Blasie came to check on the property when he purchased it and saw that. Mr. Norelus indicated the previous owner applied for the permit. After the title was transferred to him, he asked if he had to apply for the permit himself for what the previous owner had started. He clarified he did not want what the previous owner had started and that was why he applied for the three windows. He wanted to take the work down and put in the windows. The Respondent has not called for an inspection regarding the metal fencing, trash and debris, or contacted Officer Lewis. The Respondent admitted to the fencing in the back. Officer Lewis has not gone and looked in the backyard and was not invited there. He cannot verify the trash and debris in the back but the front was okay. Mr. Norelus explained he applied for a permit for the wooden fence in the back, before he started the job. The fence in the back was aluminum and there's 200 feet of fence back there. He indicated he is not allowed to have a metal fence. The fence in the front was also aluminum so he stuck it in the back. The wood fence part has been secured but not the metal fence. He indicated the Building Department called him for the permit for the metal fence but he left it home. He indicated he needs the permit for the windows and the door in the front. He was not changing the frame for the back door. It was his understanding a permit was not needed to change just a door. Officer Lewis announced it appeared to be a new door with the frame, similar to a set you would purchase at the store. Officer Lewis did not know if it was a used door, but it was a new installation. There is no trim around it. The block wall next to it, was from the previous owner. He did not know if the windows would take care of that part of the issue because he only applied for it on September 18, 2006. Chair Costantino expressed concern with the debris during the hurricane season. Mr. Foot asked how soon everything would be completed. The Respondent explained he needed 30 days. Mr. Foot asked if he would be receiving a permit for the block wall. Mr. Norelus answered the permit for the block wall was applied for by the previous owner and it was denied because the deed was then under his name as opposed to the previous owner and that is not allowed. Mr. Norelus was not applying for a permit for the blocks, he was applying for the windows. He was taking the blocks down and putting the windows back up. Mr. Foot 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 20, 2006 asked if they put off the decision for a month, if the applicant would be finished. Mr. Norelus responded he would. Motion Mr. Foot moved that Case # 06-1455 be tabled until the Code Compliance Board meeting to be held on October 18, 2006. Mr. Yerzy seconded the motion that unanimously carried. Case # 06-2174 Property Address: Violation( s): Jean Dubique 3140 E. Atlantic Dr. BBA FBC'05 105.1.1 BBA TO FBC'04 109.3 13-16 BBC of Ord. Permit required for windows, driveway, extension, room addition and will require inspections. See Red Tag. Occupational License is required for your rental property. Sr. Code Officer Willie Webb presented the case. The owner was given a notice August 24, 2006 and 10 days to comply. Certified mail was sent September 5, 2006 and came back September 7, 2006, signed. Regular mail was sent August 24, 2006. The Respondent was present. Mr. Jean Dubique, 3140 E. Atlantic Drive was present and pled not guilty. Officer Webb explained Mr. Dubique was red tagged by the Building Department for a room addition, for not having an occupational license and work commencing before obtaining a permit. Ms. Cook noted there was a permit number on the paperwork. The permit was obtained two years ago, the work done, but never finalized, so the permit expired and now a new permit is needed. Officer Webb explained they could not determine whether the occupational license was needed. When the site was inspected there were individuals living at the premises and a room that appeared to be in a storage shed, similar to an efficiency apartment. Officer Webb commented the Respondent needed to prove that no one was living there and that he physically was living at the premises. Mr. Dubique explained at the present time, he does not reside at the property; rather a friend was living there. The friend was paying the mortgage. Ms. Cook pointed out he needed to obtain an occupational license. Mr. Dubique explained the utility bills were under his name. Ms. Cook explained if someone else was living at the premises, an occupational license must be obtained. Mr. Dubique contended his mortgage was $1250 and the friend was paying $950. Ms. Cook asked about the work done to the premises. Mr. Dubique requested the board note in 2004 to the present, he felt he was getting the run-around. He hired an architect because of the work done by the previous owner, spending around $3,000, hiring a general contractor in 2004 and he keeps having to come before the board. He indicated he felt victimized by bad contractors and asked the board to investigate the issue. Mr. Dubique explained he has done everything he possibly could and he did not understand what was the problem from the previous property owner that he's trying to correct. Now he has to start all over again and he is 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 20, 2006 trying to correct the issue. There is no one living in the back shed. The shed was an existing structure on the property at the time of purchase. Ms. Cook asked when he purchased the property, which was in 2004. He applied for a permit because he tried to extend the driveway and install windows. When the inspector came, he found out he needed a permit. The inspector noted the front porch had been enclosed without the permit, which was done by the previous owner. He did not install a room addition. He only changed the windows and extended the driveway. He was not aware if there was a room added. Officer Webb explained that was the red tag. Mr. Blasie explained the permit in 2004 was for the driveway extension and the windows. When Mr. Dubique met with the Chief Field Inspector, Karl Swierzko, that was when Mr. Swierzko noticed the addition. The Certification of the Fine was for the driveway and windows and the Occupational License. The new business case should be for the room addition. Mr. Dubique asked if the porch enclosure was the room addition. Chair Costantino explained to the Respondent that he needed to obtain a permit for the existing addition that was there prior to the home purchase and that because the prior owner did not get a permit, that he now inherited the responsibility to obtain one. She explained the other issue was that because someone else was living at the premises, an occupational license needs to be obtained. Mr. Dubique contended he was not benefiting from the living arrangement with his friend, and that should not be construed as paying rent. If however, the board did consider that as rent, Mr. Dubique would obtain the permit. The friend was living at the premises for one year. Chair Costantino reiterated what the Respondent needed to do. The Respondent indicated he was moving in that direction and was getting an architect. Mr. Foot suggested a three-month period to get the matter together. The permit process would not happen quickly and suggested a date of December 19th for the compliance date. Chair Costantino was concerned with the occupational license issue. Mr. Foot asked whether the Respondent would be able to obtain a license with the permit issues. Mr. Blasie answered the Respondent would not pass inspection given there are outstanding Code violations. These violations would be more serious than the one before with vehicles and storage outside. Mr. Foot suggested a three-month period with $100 per day fine. Motion Based on the Testimony and evidence presented in Case # 06-2174, Mr. Foot moved that this Board find that Jean Dubique is in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violations on or before December 19, 2006. 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 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 December 19, 2006 plus Administrative Costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that unanimously carried. Case # 06-1079 Property Address: Jean Dubique 3140 E. Atlantic Dr. 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 20, 2006 ViolationCs): 104.7.5 BBA '01 BC 105.11.BBA Failure to obtain required inspections. Work commencing prior to permit issuance. Senior Code Officer Webb presented the case. The Notice of Violation date was April 28, 2006. The Code Compliance Board hearing was set for June 21, 2006 and Mr. Dubique appeared. The Compliance Date and fine set by the board was August 20, 2006 or $25 per day. This is for the windows and driveway. Mr. Jean Dubique, 3140 E. Atlantic Drive, was present. Chair Costantino commented the board has pretty much already heard the testimony and she asked the Respondent if he had anything to add. Mr. Dubique spoke about the earlier comment by Mr. Blasie that inspections would not be passed with outstanding violations. Chair Costantino explained this case was a Certification of a Fine on the property for failing to get the required inspections and starting work without a permit for the driveway and windows. Ms. Cook asked if Mr. Dubique has applied for a new permit, since the old permit had expired, for the driveway and windows. Mr. Dubique was in the process of doing that and was looking for contractors, but he was not having much success with the price he could afford. Mr. Dubique advised he was told by the Building Department that because he did not live at the premises, he needed to use a contractor. He was seeking to add a concrete extension to the driveway. The board discussed certifying the fine, and if the Respondent wanted to, he could come back to the board for a lien reduction. Mr. Dubique advised he has spent about $4K to $5K already on the issue. He asked what should have been done. Attorney Tolces explained the board cannot advise what to do, they are just considering the evidence, will make a finding that a violation occurred, give a time certain to correct the violation and certify the fine. He explained he needed to speak with the Code Officer. Mr. Dubique explained he had done that twice, from the previous building official to the one that is there now. He expressed he was stuck in the middle and did all he could do. He requested assistance from someone else. He was willing to put in the effort but does not know where else to look for resolution and has followed procedures. He felt there was an internal discrepancy. Ms. Cook explained the Respondent needed to work with the City. The board needs to certify the fine. When the matter is resolved, he can come back before the board to reduce the lien or rescind it. The board can do nothing else. Motion Based on the testimony and evidence presented in Case # 06-1079, Mr. Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated August 20, 2006, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $25 per day plus Administrative Costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Simshauser seconded the motion that unanimously carried. 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 20, 2006 Case # 05-2032 Property Address: ViolationCs): Thomas &. Mary C. Mahady 3025 Old Dixie Highway FBC'OI ED BBA 104.1.1 Code Compliance Administrator Blasie requested this case be tabled to the October 18, 2006 Code Compliance meeting. Motion Mr. Foot moved that Case # 05-2032 be tabled until the Code Compliance Board meeting to be held on October 18, 2006. Ms. Simshauser seconded the motion that unanimously passed. Property Address: ViolationCs): Joel DeJesus Contreras &. Juana E. Reyes 415 SE 21st Ave. CH 2.5-3 &. CH 2.5-7 Alarm Operating Permit &. Decal Case # 06-1695 1805 Code Compliance Administrator Blasie presented the case. Mr. Blasie requested 10 days be given for compliance by September 30, 2006 or $25 per day. Motion Based on the testimony and evidence presented in Case # 06-1805 -16e5, Mr. Yerzy moved that this board find that Joel DeJesus Contreras and Juana E. Reyes are in violation of City of Boynton Beach Code section as cited and move to order that the Respondents correct the violation on or before September 30, 2006. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25 per day for each day the violation continues past September 30, 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 unanimously carried. Case # 06-2066 Property Address: ViolationCs): RCC III LLC - Verizon Wireless 1770 N. Congress Ave. CH 2.5-3 &. CH 2.5-7 Alarm Operating Permit &. Decal Code Compliance Administrator Blasie presented the case. Mr. Blasie noted Verizon is the tenant. RCC III, had offices at 980 N. Federal Highway, Suite 200, Boca Raton, Florida. Mr. Blasie requested stiff penalties for his case because there have been eight false alarms since May 27, through to September 10th. Mr. Blasie requested a compliance date of September 30, 2006 and a fine of $250 per day. The Code office has contacted Verizon and paperwork is purportedly in the corporate office. Motion 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 20, 2006 Based on the testimony and evidence presented in Case # 06-2066, Mr. Yerzy moved that this board find that RCC III LLC - Verizon Wireless is in violation of City of Boynton Beach Code section as cited and move to order that the Respondent correct the violation on or before September 30, 2006. The Board has considered the gravity of the violation, 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 violation continues past September 30, 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 unanimously carried. Case # 06-1918 Property Address: ViolationCs): Marie L. Saintelus 9 Bentwater Circle CH 2.5-3 &. CH 2.5-7 Alarm Operating Permit &. Decal Mr. Blasie announced for the record Ms. Marie Saintelus appeared for the meeting. From what she explained to him, it appeared she was in compliance with her alarm decal. She told him she came in a few weeks ago, paid the fee, received the sticker and posted it on the window. He will verify this tomorrow and requested the case be removed. Motion Mr. Foot moved to dismiss Case # 06-1918. Ms. Simshauser seconded the motion that unanimously carried. Case # 06-1082 Property Address: ViolationCs): Albert Pica, Jr. 2301 SE 4th St. CH IS-ART .IX-15-120CD ).Inc. BBA FBC'05 105.1.1 Repair or remove fence. A permit may be required to repair the fence. Code Officer Courtney Cain presented the case as noted above. The property owner resides at 4338 Woodington Way, Edgewater. The City was recommending 15 days to October 5, 2006. Motion Based on the testimony and evidence presented in Case # 06-1082, Ms. Simshauser moved that this board find that Albert Pica, Jr., is in violation of City of Boynton Beach Code sections as cited and move to order that the Respondent correct the violation on or before October 5, 2006. The Board has considered the gravity of the violation, 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 violation continues past October 5, 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 unanimously carried. 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida Case # 06-1710 Property Address: September 20, 2006 Carlene N. Grisby 711 W. Ocean Dr. ViolationCs): CHI5-ART.IX-15-120 CD).Inc. De-weed yard and swale. Install sod in yard and swale wherever dead or bare spots occur. Officer Cain presented the case and recommended 30 days, October 20, 2006 for compliance. Motion Based on the testimony and evidence presented in Case # 06-1710, Mr. Yerzy moved that this board find that Carlene N. Grisby is in violation of City of Boynton Beach Code sections as cited and move to order that the Respondent correct the violation on or before October 20, 2006. The Board has considered the gravity of the violation, 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 violation continues past October 20, 2006 plus Administrative Costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that unanimously carried. Case # 06-1739 Property Address: ViolationC s): Ouze Noncent &. Maxi Kinson 627 SW 3rd Ave. CH 15-ART.IX-15-120CD ).Inc. CH IS-ART .IX-15-120CE).Inc. Paint House, repair fence or remove it, repair screen porch, remove all furniture off rear porch. Officer Cain presented the case as noted above and recommended 15 days, October 5, 2006 for compliance. Motion Based on the testimony and evidence presented in Case # 06-1739, Ms. Cook moved that this board find that Ouze Noncent & Maxi Kinson are in violation of City of Boynton Beach Code sections as cited and move to order that the Respondents correct the violation on or before October 5, 2006. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past October 5, 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 unanimously carried. Case # 06-1839 Property Address: Chackman Motels Inc. Sabra Richard B. Esq., Reg. Agent 706 W. Boynton Beach Blvd. 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida ViolationCs): September 20, 2006 10-2 BBC of Ord. PT3-LDR Chapter 4, Sec. 11 FBC CH4 SECT 401-410 PT3-LDR.CH23-Art 11.0 Trim all hedges, remove trash and debris from hedges. Repair gutter around building, repair parking lot. Repair all electric wires, poles, fixtures, and lights. A permit may be required. Officer Cain presented the case and recommended 10 days be given for compliance by September 30, 2006. Motion Based on the testimony and evidence presented in Case # 06-1839, Ms. Simshauser moved that this board find that Chackman Motels, Inc., Richard B. Sabra, Esq. Reg. Agent, is in violation of City of Boynton Beach Code September 30, 2006. The Board has considered the gravity of the violation, 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 violation continues past September 30, 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. Ms. Cook recommended a higher fine. She asked the board to consider raising the amount to $250. Ms. Simshauser amended her motion to change the amount to $250 per day. Mr. Yerzy agreed to the amendment. A vote was taken and unanimously carried. Case # 06-1935 Property Address: ViolationCs): City National Bank of Florida 100 Asbury Way PT3-LDR Chapter 4, Sec. 11 Out front on SW 8th Street in median island, please trim trees up 12' from street, mow weeds, install sod. Officer Cain presented the case. The City was recommending 30 days for compliance by October 20, 2006. Motion Based on the testimony and evidence presented in Case # 06-1935, Mr. Yerzy moved that this board find that City National Bank of Florida is in violation of City of Boynton Beach Code sections as cited and move to order that the Respondent correct the violation on or before October 20, 2006. The Board has considered the gravity of the violation, 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 violation continues past October 20, 2006 plus Administrative Costs shall be imposed. The 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 20, 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 unanimously carried. Case # 06-1329 Property Address: ViolationCs): Motiva Enterprises 111 E. Woolbright Rd. CH IS-ART .IX-15-120CD ).Inc. FBC CH4 SEC 401-410 PT3-LDR Chapter 4, Sec. 11 Area of property void of grass must be sodded to re-establish lawn. Parking lot must be resealed and restriped to comply with the site plan on file with the City. Code Officer Guillaume presented the case and recommended 30 days be given for compliance by October 20, 2006. This property is a Shell gasoline station. Motion Based on the testimony and evidence presented in Case # 06-1329, Ms. Simshauser moved that this board find that Motiva Enterprises is in violation of City of Boynton Beach Code sections as cited and move to order that the Respondent correct the violation on or before October 20, 2006. The Board has considered the gravity of the violation, 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 violation continues past October 20, 2006 plus Administrative Costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that unanimously carried. Case # 06-1780 Property Address: ViolationCs): Diane Reyes 420 SW 7th Ct. CH IS-ART .IX-15-120CD ).IB Repair or Replace Wood Fence. Code Officer Guillaume presented the case and recommended 15 days for compliance by October 5, 2006. Motion Based on the testimony and evidence presented in Case # 06-1780, Ms. Simshauser moved that this board find that Diane Reyes is in violation of City of Boynton Beach Code sections as cited and move to order that the Respondent correct the violation on or before September 30, 2006. The Board has considered the gravity of the violation, 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 violation continues past September 30, 2006 plus Administrative Costs shall be imposed. 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 20, 2006 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 unanimously carried. Attorney Tolces asked if the date was October 5, 2006. Both motion makers and the board agreed the date should be October 5, 2006. Case # 06-1970 Property Address: ViolationCs): William G &. Bonnie Petterson 120 SW 3rd Ct. PT3-LDR CH 2, Sec. 4.J.l 10-2 BBC or ORD. Mow overgrown yard and trim bushes Code Officer Guillaume presented the case and recommended 10 days be given for compliance by September 30, 2006. Motion Based on the testimony and evidence presented in Case # 06-1970, Mr. Foot moved that this board find that William G. & Bonnie Petterson are in violation of City of Boynton Beach Code sections as cited and move to order that the Respondents correct the violation on or before September 30, 2006. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25 per day for each day the violation continues past September 30, 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 unanimously carried. Case # 06-1814 Property Address: ViolationCs): Christina &. Daniel Kniffen 240 NE 16th Ct. CHI5-ART.IX-15-120CD) Inc. Mow and De-weed overgrown yard areas. Remove any trash and debris. Re-sod dead areas of the front yard and swale. Officer Lewis presented the case and recommended 15 days, be given to October 5, 2006. Motion Based on the testimony and evidence presented in Case # 06-1814, Mr. Yerzy moved that this board find that Christina & Daniel Kniffen are in violation of City of Boynton Beach Code sections as cited and move to order that the Respondents correct the violation on or before October 5, 2006. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25 per day for each day the violation continues past October 5, 2006 plus Administrative Costs shall be imposed. The 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida Respondents are further ordered to contact the City of Boynton September 20, 2006 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 unanimously carried. Case # 06-1915 Celestin Antoine &. Joseph Christine 432 NE 22nd Ave. BBA FBC'05 105.1.1 Secure building permits and inspections for new windows, enclosure of carport also requires proper building permits. Property Address: ViolationCs): Officer Lewis presented the case as noted above and recommended 15 days be given for compliance by October 5, 2006. Ms. Cook asked whether permits could be obtained in 15 days. Officer Lewis responded they could not and explained for 15 days he had no contact with them. There are rooms sectioned off, and they were rented. He has not heard anything from the owners. They were not cited for Occupational License because that issue was not known at the time of the original violation. Ms. Cook noted they could be cited for that as well. Officer Lewis agreed and commented they will not pass inspections until they get the permits. Motion Based on the testimony and evidence presented in Case # 06-1915, Ms. Cook moved that this board find that Celestin Antoine & Joseph Christine are in violation of City of Boynton Beach Code sections as cited and move to order that the Respondents correct the violation on or before October 5, 2006. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past October 5, 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 unanimously carried. Case # 06-2134 Property Address: ViolationCs): Hamlet Ltd. 1770 NE 4th St. CHI5-ART.IX-15-120CE) Inc. 1 Chapter 21-Art.I Sec. 13 Please repair broken fencing and columns. Damaged signs need to be replaced on the front wall areas. Officer Lewis presented the case and announced the representative asked for 30 days for compliance by October 20, 2006. Motion 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 20, 2006 Based on the testimony and evidence presented in Case # 06-2134, Mr. Yerzy moved that this board find Hamlet Ltd. is in violation of City of Boynton Beach Code sections as cited and move to order that the Respondent correct the violation on or before October 20, 2006. The Board has considered the gravity of the violation, 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 violation continues past October 20, 2006 plus Administrative Costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that unanimously carried. Case # 06-0873 Property Address: ViolationCs): Peble Florida, LLC 907 N. Federal Hwy. CH 21 Art. 1 Sec. 13 Repair your sign or remove it. Code Officer Melillo presented the case and recommended 10 days be given for compliance by September 30, 2006. Motion Based on the testimony and evidence presented in Case # 06-0873, Mr. Yerzy moved that this board find Peble Florida Ltd. is in violation of City of Boynton Beach Code sections as cited and move to order that the Respondent correct the violation on or before September 30, 2006. The Board has considered the gravity of the violation, 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 violation continues past September 30, 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 unanimously carried. Case # 06-1680 Property Address: ViolationCs): Sam &. Hazel Peterson 734 NE 1st St. CHI5-ART.IX-15-120CB)2 Inc. Cut tree to a 12' Height over the sidewalk on the NE corner of your property. Officer Melillo presented the case and recommended a compliance date of September 30, 2006 (10 days). Motion Based on the testimony and evidence presented in Case # 06-1680, Ms. Simshauser moved that this board find that Sam & Hazel Peterson are in violation of City of Boynton Beach Code sections as cited and move to order that the Respondents correct the violation on or before September 30, 2006. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by Respondents and hereby orders that if the 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 20, 2006 Respondents do not comply with this Order, a fine in the amount of $25 per day for each day the violation continues past September 30, 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 unanimously carried. Case # 06-1573 property Address: ViolationC s): Yves M. Hubert 717 N. Federal Hwy. 13-16 BBC of Ord. Occupational License Required. Officer Melillo presented the case and indicated this would be a separate fine certification and cease and desist. There are 13 counts of cease and desist having a fine of $250 per occurrence. He did not want to have it mixed in with the other fine certifications. The Notice of Violation was sent June 26,2006 for violation of the above. The code compliance board hearing date was July 19, 2006 and no one appeared. The compliance date and fine set by the Board was August 18, 2006 or $250 per day (cease and desist) per occurrence. The violation still exists at 32 days. Officer Melillo has photographs he distributed to the board. There are still 13 separate incidents. Attorney Tolces advised the board the City has filed a complaint in Civil Court seeking an injunction regarding the occupational license. Mr. Foot asked if Mr. Hubert was here since that incident. Mr. Hubert was before the board without an occupational license. There are two separate cases running. Attorney Tolces clarified one case is doing work without a permit. This was discovered as a result of the accidental opening of the building, which he then turned into garage doors to secure his property for the hurricane. The other case was doing business without an occupational license. The board issued a Cease and Desist Order in response and the respondent was given 30 days last month to correct the violation. An error was noted on the documentation pertaining to the board hearing date on July 19 2006, which indicated Mr. Hubert did not appear, when he was physically present. Chair Costantino thought the board should certify the lien. Motion Based on testimony and evidence presented in Case #06-1573, Mr. Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated August 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 $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. Mr. Blasie pointed out the board's order date is July 19, 2006 and the fine is per occurrence. Mr. Yerzy amended his motion to reflect that date and meaning. Ms. Simshauser seconded the motion that unanimousiy passed. Case # 06-1479 Property Address: ViolationCs): Marcia M. Ambrose 3110 SE 1st St. BBA FBC '05 105.1.1 CHI5-ART.IX-15 120CD).Inc. 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 20, 2006 Permit required for your fence. Remove debris. Code Officer Pierre presented the case and recommended 30 days for compliance by October 20 2006. Motion Based on the testimony and evidence presented in Case # 06-1479, Ms. Simshauser moved that this board find that Marcia M. Ambrose is in violation of City of Boynton Beach Code sections as cited and move to order that the Respondent correct the violation on or before October 20, 2006. The Board has considered the gravity of the violation, 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 violation continues past October 20, 2006 plus Administrative Costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that unanimously carried. Case # 06-1645 Property Address: ViolationCs): Chorwadi Mata, Inc. 2821 S. Federal Hwy. PTC-LDR. Chapter 4 Sec.ll Site plan maintenance required. Trim and remove dead tree and replace them per site plan. Remove all trash &. Debris around the dumpsters. Remove all unregistered &. inoperable vehicles off parking lot. Remove all shopping carts and sod bare spots per site plan Officer Pierre presented the case and recommended 30 days for compliance, by October 20, 2006. Motion Based on the testimony and evidence presented in Case # 06-1645, Mr. Yerzy moved that this board find that Chorwadi Mata, Inc. is in violation of City of Boynton Beach Code sections as cited and move to order that the Respondent correct the violation on or before October 20, 2006. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $150 per day for each day the violation continues past October 20, 2006 plus Administrative Costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that unanimously carried. Case # 06-1894 Property Address: ViolationCs): Harold L. Buggy 2634 SW 5th St. CHI5-ART.IX-15-120CD) Inc. 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 20, 2006 13-16 BBC of Ord. Remove unregistered vehicle. Occupational required for rental &. operable license is Officer Pierre presented the case and recommended 10 days for compliance by 30, 2006. September Motion Based on the testimony and evidence presented in Case # 06-1894, Mr. Foot moved that this board find that Harold L. Buggy is in violation of City of Boynton Beach Code sections as cited and move to order that the Respondent correct the violation on or before September 30, 2006. The Board has considered the gravity of the violation, 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 violation continues past September 30, 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 unanimously carried. (Kathy Cook left the meeting at 9:00 p.m.) Case # 06-1903 Property Address: ViolationCs): Darryl T. White 425 NW 12th Ave. CHI5-ART.IX-15-120CD) Inc. Remove all inoperable/unregistered cars from property. Officer Roy presented the case and recommended 15 days be given for compliance by October 5, 2006. Motion Based on the testimony and evidence presented in Case # 06-1903, Ms. Simshauser moved that this board find that Darryl T. White is in violation of City of Boynton Beach Code sections as cited and move to order that the Respondent correct the violation on or before October 5, 2006. The Board has considered the gravity of the violation, 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 violation continues past October 5, 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 unanimously carried. Case # 06-1950 Property Address: Jose Mateo P. 2628 NE 3rd St. 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida ViolationCs): September 20, 2006 10-2 BBC of Ord. 13-15 BBC of Ord. CH IS-ART .IX-15-120CD)I.Inc. PT3-LDR.CH2.SEC.6.B.l. Residential areas are not zoned for plant nursery, remove all potted plants. Pot holding dank water must be removed. Remove all landscape equipment Ctrailers, mowers, trucks) that cannot be stored on property in R-IA Zone and stop operating beyond the scope of your occupational license. Officer Webb presented the case and recommended 30 days be given for compliance by October 20, 2006. Motion Based on the testimony and evidence presented in Case # 06-1950, Mr. Yerzy moved that this board find that Jose P. Mateo is in violation of City of Boynton Beach Code sections as cited and move to order that the Respondent correct the violation on or before October 20, 2006. The Board has considered the gravity of the violation, 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 violation continues past October 20, 2006 plus Administrative Costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that unanimously carried. Case # 06-2051 Property Address: ViolationCs): Frantz Pierre 121 Arthur Ct. CH IS-ART .IX-15-120CD )1.Inc. Please repair wooden fence and remove or repair inoperable &. unlicensed vehicle. Officer Webb presented the case and recommended 15 days be given for compliance by October 5, 2006. Motion Based on the testimony and evidence presented in Case # 06-2051, Mr. Yerzy moved that this board find that Frantz Pierre is in violation of City of Boynton Beach Code sections as cited and move to order that the Respondent correct the violation on or before October 5, 2006. The Board has considered the gravity of the violation, 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 violation continues past October 5, 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 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida re-inspection of the property to verify compliance with this Order. the motion that unanimously carried. September 20, 2006 Ms. Simshauser seconded VI. Old Business A. Lien Penalty Certifications Officer Pierre taiR presented the case below and recommended Certifying the Fine at $25 per day. Case # 06-618 Donald &. Deborah Thomas 411 NW 1st. Ave. Motion Based on testimony and evidence presented in Case #06-618, Ms. Simshauser 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 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 Respondents come into compliance or until a judgment is entered based upon this certification. Mr. Foot seconded the motion that unanimously passed. OfficertaiR Pierre recommended the following be certified at $50 per day: Case # 06-1476 and Case # 06-1578. Case # 06-1476 Chackman Motels Inc. 706 W. Boynton Beach Blvd. Motion Based on testimony and evidence presented in Case #06-1476 Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated 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 $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. Ms. Simshauser seconded the motion that unanimously passed. Case #06-1578 Robert J. Sr. &. Betty A. 408 NE 20th Ave. Moran Mr. Foot requested confirmation that Case #06-1578 pertained to a false alarm for the loss of the respondents boat off the inlet and inquired whether the maximum amount possible was being charged. Code Officer Cain responded the amount was $50 per day. Motion Based on testimony and evidence presented in Case #06-1578 Mr. Foot moved that this Board find that the Respondents have not complied with this Board's Order dated August 16, 2006, and having considered the gravity of the violations, the actions taken by the Respondents, that 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 20, 2006 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. Ms. Simshauser seconded the motion that unanimously passed. Officer taiR Pierre recommended the following be certified at $250 per day: Case #06-1383 and Case #06-1691. Case #06-1383 Gregory &. Rose Johnson 3290 N. Seacrest Blvd. Motion Based on testimony and evidence presented in Case #06-1383 Mr. Foot moved that this Board find that the Respondents have not complied with this Board's Order dated August 16, 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 $250 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. Mr. Yerzy seconded the motion that unanimously passed. Case #06-1691 Mateo P. Jose 2628 NE 3rd St. Motion Based on testimony and evidence presented in Case #06-1691 Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated 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 $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. Mr. Yerzy seconded the motion that unanimously passed Officer Pierre recommended the following receive No Fine: Case #05-2536; Case #06-1205; Case #06-1029; Case #06-850; Case #06-1293; Case #06-1164; Case #06-1440; Case #06- 1101; Case #06-1637; Case # 06-995; Case #06-1250. Case #05-2536 John Purland 505 SE 21st Ave. Motion Based on the testimony and evidence presented in Case #05-2536, Ms. Simshauser moved that this Board find that the Respondent has complied with this Board's Order dated December 21, 2005, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify "No Fine," including Administrative Costs. Mr. Yerzy seconded the motion that passed unanimously. Case #06-1205 Anand Patel LLC 2201 S. Federal Hwy. Motion Based on the testimony and evidence presented in Case #06-1205, Ms. Simshauser moved that this Board find that the Respondent has complied with this Board's Order dated June 21, 2006, 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 20, 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. Yerzy seconded the motion that passed unanimously. Case #06-1029 Patricia Rosiello 2625 SE 5th Circle Motion Based on the testimony and evidence presented in Case #06-1029, Ms. Simshauser 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. Yerzy seconded the motion that passed unanimously. Case #06-850 Estiverne Vagunice 651 SW 2nd Ave. Motion Based on the testimony and evidence presented in Case #06-850, Ms. Simshauser 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. Mr. Yerzy seconded the motion that passed unanimously. Case #06-1293 Nancy Thompson Roy E. Smith 1107 SW 24th Ave. Motion Based on the testimony and evidence presented in Case #06-1293, Ms. Simshauser moved that this Board find that the Respondents have complied with this Board's Order dated July 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. Yerzy seconded the motion that passed unanimously. Case #06-1164 FBM Leasing Corp 130 SE 14th Ave. Motion Based on the testimony and evidence presented in Case #06-1164, Ms. Simshauser 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. Yerzy seconded the motion that passed unanimously. Case #06-1440 Sandalwood At Boynton Beach 100 Buttonwood Lane Motion Based on the testimony and evidence presented in Case #06-1440, Ms. Simshauser moved that this Board find that the Respondent has complied with this Board's Order dated July 19, 2006, 28 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 20, 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. Yerzy seconded the motion that passed unanimously. Case #06-1101 Dorothy Julia Moore 179 SE 27th Ave. Motion Based on the testimony and evidence presented in Case #06-1101, Ms. Simshauser 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. Yerzy seconded the motion that passed unanimously. Case #06-1637 Mark J. &. Andrea C. Spradling 2808 SW 8th St. Motion Based on the testimony and evidence presented in Case #06-1637, Ms. Simshauser moved that this Board find that the Respondents have complied with this Board's Order dated August 16, 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. Yerzy seconded the motion that passed unanimously. Case #06-995 Thelmar &. Jessie M. Patterson 536 NW 11th Ave. Motion Based on the testimony and evidence presented in Case #06-995, Ms. Simshauser 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. Yerzy seconded the motion that passed unanimously. Case #06-1250 Andres St. Juste 809 SE 4th St. Mr. Blasie advised the next case should receive No Fine as well, which complied today. As far as he was aware, no one has been living in the house. Mr. St. Juste provided a notarized affidavit indicating the home was empty which was forwarded to Occupational License in the event he wants to put someone in the home at a later time, without going through the proper channels. Should that occur, they could deal with it at that time. Other than the For Rent sign, they had no hard and fast evidence of the violation and would be hesitant to certify the fine. The Fire Department has not gained entry into the premises. The Respondent attempted to have the structure become an assisted care facility, but the request failed the distance requirement in the Code because of another facility situated next door. The Fire Department checks the location when they check the fire suppressant system required of the assisted living facility next door. Between Code Enforcement and the Fire Department the home was considered vacant. 29 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 20, 2006 Motion Based on the testimony and evidence presented in Case #06-1250, Ms. Simshauser 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. Yerzy seconded the motion that passed unanimously. Case # 06-750 Casablanca Isles Condo Assoc. 815 W. Boynton Beach Blvd. Officer EaifI Pierre requested this case be tabled to December 20, 2006. Motion Mr. Yerzy moved that Case #06-750 be tabled until the Code Compliance board meeting to be held on December 20, 2006. Ms. Simshauser seconded the motion that unanimously passed. Chair Costantino asked the board to change the meeting time for the Code Lien Reduction Meeting scheduled for September 28, 2006 from 3:00 p.m. to 3:30 p.m. Motion Ms. Simshauser moved to start the meeting on September 18, 2006 at 3:30 p.m. Mr. Yerzy seconded the motion that unanimously carried. Adjournment Motion There being no further business before the board, Mr. Yerzy moved to adjourn. Ms. Simshauser seconded the motion that unanimously carried. Meeting adjourned at 9:09 pm. Respectfully submitted, Catherine Cher -Gu erman Recording Secretary 092006 30