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Minutes 11-15-06 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, NOVEMBER 15, 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 Kathleen Carroll Kathy Cook Robert Foot Jack Robert Lamb George Moyer, Alternate 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 I. Call to Order Chair Costantino called the meeting to order at 7:00 p.m. II. Moment of Silence for Rich Laverdure Chair Costantino announced the passing of Rich Laverdure, Code Enforcement Officer. The board observed a Moment of Silence, followed by a short prayer by Code Officer Willie Webb. III. Approval of Minutes Motion Mr. Foot moved to accept the minutes as presented. Vice Chair Yerzy seconded the motion that unanimously passed. IV. Approval of Agenda Code Officer Melillo announced the following changes to the agenda: Case #05-2032 is tabled to December 20, 2006. Motion Ms. Simshauser moved to table the Case #05-2032. Motion seconded by Ms. Carroll and unanimously passed. Cases #06-453, #06-2259, #06-2330, #06-2369, #06-2397, #06-2320, #06-2535 have complied. Cases #06-1814 and #06-1854 are closed. Cases #06-2065 and #06-2494 are removed. 1 Meeting Minutes Code Compliance Board Boynton Beach, FL November 15, 2006 Motion Ms. Simshauser moved to accept the agenda with the changes. Mr. Foot seconded the motion that unanimously passed. V. Swearing In of Witnesses and Introduction David Tolces, Board Attorney, explained the hearing procedures and administered the oath to all persons who would be testifying. Chair Costantino introduced Deanna Johnson and Norma Smith, two new Code Enforcement Staff members. VI. New Business Officer Melillo called the roll and determined who was present. B. New Cases to be Heard (New) Case # 06-0705 Property Address: Violation(s): Charles J. Lodolce, Trust 3191 SW 14th Place BBA FBC '05105.1.1 BBA FBC '05 105.4 BBA FBC '05 108.5 Permit application is voided due to time limitation. Permit required to cut opening in wall. Electric installed without permit. Four times fee will be added to cost of permit. Permit is needed for modification of walls in Bay 8. See copy of Red Tag. Code Officer Cain reviewed the violations. Thirty days was given to comply. The initial inspection took place on March 20, 2006. The property was Red Tagged. Proof of Service was by certified mail and signed on October 11, 2006. The Respondent was present. Raymond Greaves, 1520 SE 11th Street, Deerfield Beach, the owner's agent, pled no contest. Attorney Tolces confirmed the owner was aware Mr. Greaves was present at this meeting and was authorized to speak on his behalf. He explained there were comments received when they applied for the permit. They addressed those comments and sent it back. The total amount of work in the building was done without any permit. They were proceeding with a tenant eviction, and the tenant was expected to vacate by the end of the year. They would apply for a building and demolition permit to restore the building to its original condition. He anticipated submitting a permit application around the first of January Code Officer Cain had not observed any health and safety issues. Chair Costantino suggested giving 90 days and then have the representative return with an update. 2 Meeting Minutes Code Compliance Board Boynton Beach, FL November 15, 2006 Motion Based on the Testimony and evidence presented in Case # 06-705, Vice Chair Yerzy moved that this board find that Charles J. Lodolce, Trust, 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 March 15, 2007. 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 March 15, 2007, plus 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 unanimously passed. Case # 06-1116 Property Address: Violation( s): Janine M. Cerny 2950 S. Seacrest Blvd, 13-16 B.B.C. or Ord. Occupational License required for rental property Code Officer Vestiguerne Pierre presented the case. Attorney Tolces administered an oath to the Respondents. Janine Cerny, 1700 Dover Road, Delray Beach pled no contest and reported she applied for an occupational license. She purchased the home with the code violations. They were in the process of evicting tenants and would fix the problem or sell the property, closing the violations with it. Officer Pierre inspected the property twice. He clarified the previous owner did work on the property without obtaining the permit and that was the reason she could not obtain the occupational license. If she sold the property or evicted the tenant, the occupational license issue would be closed. He had not observed any health and safety issues. Chair Costantino asked how much time they needed to correct the violation. Ms. Cerny advised the tenant had agreed to vacate the premises by the end of the year. Vice Chair Yerzy asked what kind of work needed to be done. The prior owner enclosed the garage. Ms. Cerny consulted an architect to provide an estimate. They were having difficulties because they could not find the original plans, and were unsure what the costs would be to bring it up to code. Ms. CernLfleY, 5928 Colony Court, Baca Raton, purchased the home in January. Her daughter was to sell her condo and move into the home. The market slowed, her daughter could not sell her condo, so they rented the home without knowing they needed the occupational license. They made application for the occupational license, but when Officer Pierre visited the home, it was also discovered they had the violation regarding the garage conversion. Her daughter works in real estate and also took a teaching job. The tenant lost her job and they didn't have the heart to evict, so they negotiated a date to vacate the property. They would prefer to make the changes to the house before they sell it, but they did not have the funds to pay for an architect. She requested two or three months. 3 Meeting Minutes Code Compliance Board Boynton Beach, FL November 15, 2006 Motion Based on the testimony and evidence presented in Case # 06-1116, Ms. Carroll moved that this board find that Jeanine M. Cerny 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 February 13, 2007. 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 February 13, 2007, 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 passed. Chair Costantino explained the motion and advised if anything changed to speed up the process, to contact Mr. Pierre. Case # 06-2521 Molle V.A. (Owner) Restaurant Holdings, Inc, Banana Boat 739 E, Ocean Ave. 15-8.5 B.B.C. of Ord. lS-8.S(A)(B),. 1&2 15-10,2(3) B.B,C. of Ord 15-10.5 B.B.C. or Ordl Sec 15-8.8 Noise Control, Noise Control Prohibited Act Noise Standards, Sound Level Limits Property Address: Violation( s): Code Officer Pierre presented the case and indicated the Boynton Beach Police Department and Code Compliance Division documented violations of the Code of Ordinance as it pertained to noise. There were also several complaints. He explained noise levels cannot exceed 60 decibels between 10:00 A.M. P.M. and 7:00 P.M.~ ffieasured at 100 f.cet ffOffi the property \ifte; and must not be noticeable from 100 feet from the Banana Boat orooertv line after 10 P.M. He reviewed sound level tests, which indicated the LlO decibel level was 71.1 and a second test measured 72.3. Mr. Foot declared he had a potential conflict of interest and filed Form 8B. He announced he was a neighbor of Banana Boat and had made complaints to the Police Department in the past. He did not believe his complaints were behind this case. He requested confirmation from Attorney Tolces whether he could participate in the discussion and actions. Attorney Tolces advised the matter must directly impact a special private gain or loss to the board member or related family member. Any gain or loss would be speculative in nature to the relationship of the properties. Attorney Tolces advised Mr. Foot did not need to abstain from voting. Mr. Luke Therien, the son of the owner of the business and a shareholder, was present and pled no contest. He explained there were two elements of the Code they have worked on in the past, which was the before and after 10:00 P.M. provision. He indicated the Code was changed two years ago, and the Ordinance indicated after 10:00 P.M. no discernable noise from the point of complaint or within 100 feet should be heard. They indicated they would work very 4 Meeting Minutes Code Compliance Board Boynton Beach, FL November 15, 2006 hard to try to eliminate the noise, either completely or drastically reduce it after 10:00 P.M. After 10:00 P.M. they would monitor the sound levels with their meters on their own. They had been doing that for the last six weeks. He reported it seems to have had a good effect and they had not received any complaints within the last few weeks. He announced they are trying to work with Code Enforcement and the Police Department. Mr. Therien explained the restaurant was started by his father 28 years ago and was an island restaurant with an island style band to cater to tourists and customers in the local area. It was a successful venture and a good anchor to the Old Boynton Beach and new marina areas. They recently spent 1.5M dollars in renovations. It was located in a central business district. In the past they dealt with different residents. They worked with the Community Redevelopment Agency, and the area will have new residential buildings with mixed-use zoning. He noted Boynton Beach is competing with other redevelopment locations that have live entertainment on the street, such as Lake Worth and Delray Beach He explained an urban feel was trying to be created in the downtown area but also believed the Noise Ordinance was created for residential areas. Mr. Therien expressed willingness to be a good neighbor, but also advised his clientele has changed from the 20-30 crowd to the 40-70 crowd. Patrons come and want to sip a margarita and watch a sunset. Over the past five years he announced there have been complaints and almost all were found to be without basis. Over the last year and one half, the complaints received have been from only one or two people out of the 800 to 1,000 residents in the area. He clarified that person was new in the area and might not like Banana Boat or appreciate they are in an urban district area. He assured the board they would make their best efforts and asked the board to appreciate and respect the changes being made in the central business district. He advised on one instanee, a SWAT team asked them to turn down the music during their busiest time, when they were in compliance. Mr. Therien asked for patience and understanding and noted they would do all they could. Mr. Blasie commented about the Code. The decibel level is 60 decibels from 7:00 A.M. to 10:00 P.M. based on the receiving land use. When a complaint is received they go to the complainants property line and take the readings. Several years ago, the Code was amended. The City Commission amended the present Code to allow for easier enforcement by police officers after hours. Monday through Friday after 10:00 P.M. if they could hear the noise, it was a violation. On weekends the time was moved to midnight. By definition of the Code, the Banana Boat restaurant met the definition of a night club. Mr. Blasie noted there were surrounding property owners present, and if the board determined there was a violation, the City would be looking for a Cease and Desist Order and a fine that was appropriate to the situation. This was discussed with Mr. Therien. Mr. Blasie clarified if a Cease and Desist Order was entered and a complaint found to be valid, the evidence would be brought back to the board and a fine would be certified with a Notice to Mr. Therien to allow him to present his side of the case. The board does not have the authority to recommend fixes for the violation. Officer Pierre reviewed different exhibits, which were a citizen's complaint, a copy of the applicable Code sections, LlO readings, a copy of a Police Incident Report and a sound reading. He recommended a Cease and Desist Order and $500 fine. 5 Meeting Minutes Code Compliance Board Boynton Beach, FL November 15, 2006 Ms. Cook was concerned about the dates of evidence confirming a violation occurred. She noted they occurred within the last six weeks, during the time Mr. Therien explained they were monitoring the issue. She liked the coneept Banana Boat was providing its patrons, but thought if he was asking for special considerations because of the atmosphere that was trying to be created for the downtown area, she thought that should be addressed by the City Commission. She saw a clear violation of the ordinance in spite of the long-term goals of the City. She agreed a Cease and Desist Order was appropriate and Mr. Therien needed to try harder. Mr. Therien asked for confirmation if a car or motorcycle drove over the bridge that it would exceed the 65-decibel level. Mr. Blasie thought it would, and clarified the L10 readings are taken over a period of time and averaged out. He explained a loud motorcycle going over the bridge would not take 10 minutes and would not give the same reading. LlO was the standard on which the Ordinance was based. The LlO meter was a sophisticated piece of equipment needing calibration and was more of a computer than a sound level meter. Mr. Therien explained when a motorcycle goes over the bridge the decibel level could be 75-90. Ms. Cook explained the point is there was a violation and he needed to come into compliance. Mr. Therien contended there are cars consistently going over the bridge, which would eonsistently cause an elevated reading in the 65-75 range. Mr. Blasie explained a formula is used with the meter. It calculates ambient noise and levels of music, based on the differentials in the decibels. Mr. Blasie hoped residents understood that motor and boat traffic is part of living in that area. Individuals have different thresholds and have varying degrees of tolerance to noise. Mr. Blasie explained all of those aspects were factored in. Mr. Foot asked what the record showed on complaints made that have not resulted in a Code Compliance Inspector being dispatched and how many occasions had there been where another officer was asked to investigate a complaint after 10:00 P.M. since the first of the year. Mr. Blasie did not have the answer. After 10:00 P.M. it was a police matter. There was an occasion where two officers went to Banana Boat Karaoke Night to take sound readings and found no violations. Mr. Blasie confirmed that at least three violations had been documented. Ms. Carroll asked if a Cease and Desist Order was entered and a date given, how it would be monitored between now and that date. Mr. Blasie explained in the Noise Ordinance, there is only one violation per day. The Order would be handled by random readings and they were aware of some activities they could monitor. Mr. Blasie explained most of the complaints occur after 10:00 P.M. or midnight. Mr. Foot asked if he had any knowledge about complaints made per night, of noise lasting past 10:00 P.M. from karaoke. Mr. Blasie did not have that information. Motion Based on testimony and evidence presented in Case #06-2521, Ms. Carroll moved that a Cease and Desist Order be issued giving Molle VA, Restaurant Holdings, Inc. Banana Boat, until January 14, 2007 to bring the violations of City of Boynton Beach Code Sections as cited into compliance. The board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby Orders that a fine in the 6 Meeting Minutes Code Compliance Board Boynton Beach, FL November 15, 2006 amount of $250 per reoccurrence of the violation thereafter shall be imposed upon the Respondent. Motion died for lack of a second. Motion Based on testimony and evidence presented in Case #06-2521, Vice Chair Yerzy moved that a Cease and Desist Order be issued giving Molle VA, Restaurant Holdings, Inc., Banana Boat, until December 15, 2006 to bring the violations of City of Boynton Beach Code Sections as cited into compliance. The board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that a fine in the amount of $500 per reoccurrence of the violation thereafter shall be imposed upon the Respondent. Ms. Cook seconded the motion. Chair Costantino felt a shorter period of time would be appropriate. Ms. Carroll explained a longer period of time would allow a greater window in which to prove a violation might be in existence. Attorney Tolces clarified the date in the motion is the date the City could commence citing the Respondent for the violation of the Code, at which time they would issue a Notice of Hearing. When the case was heard, a determination would be made and the board would certify the fine and a lien_would be placed on the property. Motion Vice Chair Yerzy amended his motion to reflect November 30, 2006. Ms. Cook amended her second and the motion passed 6-1 (Ms. Carroll dissenting). Mr. Foot advised Mr. Therien had recentlv shut down the band at 10:00 P.M. sharp on Sunday nights" Case # 06-2237 Property Address: Violation: Maria Prows 619 NE 7th Ave. BBA FBC '04 ED 104.5 INCL Property is unsafe and unsanitary. Secure and make repairs to property. Remove all trash and debris. Code Officer Roy presented the case and explained the property was a multi-family unit. He explained the home was inhabitable at one time. The initial inspection was September 7, 2006 and was given 30 days to comply. The south apartment was occupied, so he could not conduct an inspection. Officer Roy was only able to inspect the north apartment and some work had been done. He spoke to Ms. Prows explaining he needed to have access to the unit to do an investigation. Maria Prows, 15046 Hamlin Blvd., Loxahatchee was present and pled no contest. It was indicated 30 days would be sufficient to make the improvements. 7 Meeting Minutes Code Compliance Board Boynton Beach, FL November 15, 2006 Officer Roy had photographs, which he showed to the Respondent. He explained the refrigerator on the property was not removed and none of the appliances worked. Both sides of the unit, as far as he knew, had tenants. Motion Based on the testimony and evidence presented in Case # 06-2237, Ms. Simshauser moved that this board find that Maria Prows 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 15, 2006. The board has eonsidered 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 December 15, 20072006, 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. Ms. Prows asked for more time because she was leaving for Brazil on the 15th. Vote The motion passed 6-1 (Vice Chair Yerzy dissenting). Officer Webb announced the following two cases had the same violation and same address. Case # 06-2515 Property Address: Violation(s): Riverwalk Plaza Joint Venture 1620 S. Federal Highway FBC '01 ED 105.6 Permit #04-2099 requires a final inspection. Case # 06-2516 Property Address: Violation(s): Riverwalk Plaza Joint Venture 625 Federal Highway FBC '01 ED 105.6 Permit #04-4583 Requires a final inspection to comply Code Officer Webb explained Case #06-2515 was given a written notice and 10 days to comply. Certified mail was returned October 24, 2006. There were no hazards as of yet, and the contractor was present. Mr. David Mangon, 22705 Sleepy Brook Lane, Baca Raton pled no contest. He was not certain he was authorized to be the company representative. Service was made on the company. Attorney Tolces recommended the board hear testimony, but not accept a plea. Ms. Cook questioned why there were two permits that were two years old. Mr. Mangon explained Permit #04-2099 was a thirty-ton roof top package unit #4. They did the fire 8 Meeting Minutes Code Compliance Board Boynton Beach, FL November 15, 2006 inspections and called the Fire Bureau to meet with them but that had not occurred. His contract excluded the smoke detector connection from the smoke detector to the fire alarm panel, controls, or upgrades to any existing controls. The Respondent needed a Dug detector in the unit, which was not their responsibility. This was at the Winn Dixie location and they had their own fire alarm company, which failed to respond to his request to meet with him. On February 9, 2005 there was supposed to be a smoke duct test. Mr. Mangon had been in contact with the store representative/general manager. They did not show up for the test. Mr. Mangon did not see any violation with the other permit #04-4583. They installed a two-ton carrier package unit. Florida State Law required anything above five tons, or above 200CFM to require a smoke detector test. On the red tag issued, it stated not being able to deactivate the duct to smoke detector. He reiterated the two-ton package unit should have passed a final inspection without the smoke test on the unit. Mr. Webb indicated they just have to call for a final inspection. On May 25, 2005, the Assistant Fire Marshall, Jim MacIntyre told the inspector to come in about 6:00 a.m. The inspector did not want to come in at that time. Mr. Mangon explained if contact was not made, after repeated phone calls, there was nothing that could be done, but the final inspections were called in. There was discussion the matter needed to be rescheduled. Attorney Tolces explained obligations could not be placed on the contractor with respect to the owner. The contractor explained they were trying to deal with the matter for two years, but this type of occurrence was common in the business. He advised each municipality was different and usually the chief mechanical inspectors handled the issue. Attorney Tolces explained the board could take whatever action it wanted. The property owner was noticed and an Order could be entered. Mr. Foot suggested allowing 60 days. It was suggested the owner should be given a short compliance time and large fine. Officer Webb pointed out the next case #06-2516 was for the same thing but with a different tonnage, (30 tons). Motion Based on the testimony and evidence presented in Case # 06-2515, Mr. Foot moved that this board find that Riverwalk Plaza Joint Venture 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 January 14, 2007. 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 continues past January 14, 2007, 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 4-3 (Vice Chair YelZy, Ms. Simshauser and Chair Costantino dissenting.) Motion 9 Meeting Minutes Code Compliance Board Boynton Beach, FL November 15, 2006 Based on the testimony and evidence presented in Case #06-2516, Ms. Simshauser moved that this board find that Riverwalk Plaza Joint Venture 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 November 25, 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 violations continues past November 25, 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. Mr. Foot received confirmation this motion pertained to the two-ton unit. Vote The motion passed unanimously. Case # 06-1915 Antoine Celestine and Christine Joseph 432 NE 22nd Avenue BBA FBC '05105.1.1 Secure permits for newly installed windows and carport enclosure Property Address: Violation(s): Code Officer Lewis presented the case and explained no one appeared at the September hearing. Laura and Antoine Celestin, 2420 NE 2nd Court. were present. Ms. Celestin explained the notice went to 2300 NE 1st Street. The property appraiser did not have the correct information. She indicated she notified the property appraiser of the address change. Offieer Lewis had photographs he showed to the Respondents and the board depicting the posting at the violation address on September 11, 2006. Ms. Celestin reported she received the notice on October 9, 2006 and she is in the process of obtaining permits. She had spoken with an architect. She admitted they enclosed the garage and were obtaining permits for the windows. During the hurricane, the windows were broken and the rain was entering the dwelling. The carport was enclosed because there was a hit and run accident. Mr. Celestin did not know he needed a permit to enclose the structure. She was unaware there was a fine running against the property . Ms. Celestin requested 90 days to bring the property into compliance. Ms. Cook explained they had already set a fine because no one appeared in September. She recommended correcting the violation as quickly as possible. Officer Lewis explained the photographs did not show all the issues with the property. There was lattice block on the side that was stucco and needed to be torn down and constructed with drawings and permits. The ceilings were dry walled. There were also rooms rented out. Chair Constantino explained they should tear it all down. Officer Lewis recommended getting the permit for the windows, and re-open the carport. He had no records of any of that work being permitted. In 1989 there was a voided application for a carport that was never issued. He did 10 Meeting Minutes Code Compliance Board Boynton Beach, FL not know who was the owner of record at the time of the permit. November 15, 2006 Ms. Cook recommended getting the permits for the windows and then addressing the carport. She recommended tabling the item for 30 days to initiate some movement on the issue. Motion Ms. Cook moved that Case #06-1915 be tabled until the Code Compliance Board Meeting to be held on December 20, 2006. Vice Chair Yerzy seconded the motion that unanimously passed. Case # 06-1455 Iglad Norelus 1519 NE 1st Court Officer Lewis explained the Respondent was present but did not answer the roll and was unsure if he was sworn in. The only outstanding items were the block wall, which was a blocked in opening where sliding glass doors were. The Respondent did not call for an inspection for the outdoor stored metal fencing or trash and debris in the backyard. He explained the Code Compliance Date was July 19, 2006, and no one appeared. A fine was set at $75 per day on August 18, 2006. Iglad Norelus. 1519 NE 1st Court, was present. Attorney Tolces put Mr. Norelus under oath. Chair Costantino explained to Mr. Norelus, Officer Lewis needed to inspect the premises and he needed to let him into the backyard. Mr. Norelus explained under the law, the permit was good for six months. He had a permit and he could not grant entry to the backyard until everything was resolved. He explained he spoke to Officer Lewis about the back wall, which he took down, and he got a permit to put in new windows. The aluminum fence, he indicated he had a permit. The air conditioner, the company pulled a permit and he did not have time to call for an inspection because he had a lot going on with his family. Regarding the back wall, he called the title company to file a complaint and he contacted the Fair Housing Act to report the issue. The previous owner had passed away. In two weeks he could give clearance, but he had to be present and would not allow entry without him there. Ms. Cook explained for each day Officer Lewis does not have access to inspect, a charge of $75 per day is assessed. Mr. Norelus explained he understood that, but his first issue was his family. Motion Based on the testimony and evidence presented in Case #06-1455, Ms. Cook 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 $75 per day, plus administrative costs which shall continue to accrue until Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case # 06-0731 Ka Hock and Jeanne Go 3452 W. Boynton Beach Blvd. Code Officer Melillo announced the City would like to table this case for 30 days. Motion 11 Meeting Minutes Code Compliance Board Boynton Beach, FL November 15, 2006 Mr. Foot moved that Case #06-731 be tabled until the Code Compliance Board Meeting to be held on December 20, 2006. Ms. Simshauser seconded the motion that unanimously passed. VIII. Lien Reductions Scott Blasie explained the lien reduction and procedures to appeal the determination to the City Commission. Case #04-1890 AAM Industries 225 SE 5th Ave. Scott Blasie explained the case was originally cited August 13, 2004 for violations of the Florida Building Code. The Fire Department had observed gasoline or diesel fuel storage tanks on the property that were not previously permitted. The case was heard before the Code Compliance Board on October 20, 2004. Mr. Mark Moretto appeared and a compliance date and fine was established by the board for December 19, 2004, or $25 per day. The property came into compliance on May 25, 2006 as per correspondence from the Fire Department. Mr. Blasie announced the representative was present and had information to present, in terms of trying to comply sooner, but was unable. The tanks were subsequently removed. The property was in good condition, was inspected and qualified to come before the board for this hearing. Mr. Mark Moretto, Vice President, AAM Industries, 225 SE 5th Avenue was present. He explained they purchased the property in 1994. The prior owners had in-ground fuel tanks and they stipulated at that time they would pull permits for AAM Industries to move into the building and have fuel tanks there. They received the inspections and had permits approved and for 10 years there were no issues. In 2004, a Fire Department inspection indicated the tanks were in violation of the Code and they did not have permits for them. Mr. Moretto went back through the records and showed the criteria in existence at the time they acquired the property and what was needed for the fuel tanks and the firewall to be located inside the building. It had complied and was approved. The Fire Department advised the tanks were for propane not gas as marked. The Respondent applied for permits for the fuel tanks they had, in October 2004. The Building Department did not have any issues with the location of the existing fuel tanks, but the Fire Department advised because the tanks were over 60 gallons, they needed to be placed 50 feet from the building and they would need a variance. In June 2005, AAM Industries Attorney, Mr. David Schmidt, made application for the variance and they paid for surveys and drawings from engineers for the fuel tanks to be moved. The Community Redevelopment Agency was to review the application in September 2005. The case was tabled to November, 2005 and he was to come back before the board. When the hurricane hit, AAM Industries lost their warehouse and had four garage doors missing. Mr. Moretto did not remember the meeting in November because he was busy recovering from the hurricane. Mr. Moretto became aware of the lien from Officer Cain who advised there was a certified lien on the property from the November meeting. He then contacted his attorney. Mr. Moretto had a copy of a letter from Mr. Blasie to Mr. Breese, Principal Planner, who was handling the variance on November 22, 2005, asking about the status. Mr. Breese advised it was a non-conforming use for the property and they were not proceeding with the variance. The letter was forwarded to Mr. Moretto's attorney and then a letter was sent to Attorney 12 Meeting Minutes Code Compliance Board Boynton Beach, FL November 15, 2006 Tolces. Attorney Tolces re-reviewed the matter. In February 2006, a letter was received from Attorney Schmidt indicating he had no new information. In March there was no information. In April of 2006, they removed the tanks. Mr. Moretto did not know what else to do with the situation. Attorney Tolces explained the issue was a non-conforming use. The City could not grant a variance to allow for the expansion or modification of a non-conforming use. That was a communication he provided to the Planning and Zoning Department and to Mr. Schmidt. Ms. Cook explained it was a shame that the property came into non-compliance after 10 years of ownership. The Respondent had corrected the violation and she thought the City should only recover its costs and not the fines because he did try everything. Mr. Moretto explained they spent over $2K between attorney, engineering fees and surveys. He advised not having the fuel tanks had definitely hurt his business. He had a general and roofing contractor business with over 15 vehicles. They supplied the gasoline for their trucks. During the storms, they were basically shut down because employees could not be waiting in lines to obtain fuel. Ms. Cook felt just recovering the costs the City incurred, and reducing the fines was appropriate. Motion Based on the testimony and evidence presented in Case #04-1890, and having been advised that the Respondent has complied with all lien reduction procedures set fort in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Ms. Carroll moved that this Board reduce the fines instituted in Case #04-1890, by virtue of this board's Order of December 19, 2004, to an amount of $250 including administrative costs. Ms. Simshauser seconded the motion. Ms. Carroll amended her motion to reflect the Order date was October 20, 2004. Ms. Simshauser amended her second. Vote Motion failed 3-4 (Chair Costantino, Vice Chair YelZy, Mr. Lamb, and Ms. Cook dissenting). Motion Based on the testimony and evidence presented in Case #04-1890, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Ms. Cook moved that this Board reduce the fines instituted in Case #04-1890, by virtue of this board's Order of October 20, 2004, to an amount of $1, 018.24 including administrative costs. Vice Chair Yerzy seconded the motion that passed 4-3 (Ms. Simshauser, Ms. Carroll and Mr. Footdissenting). Mr. Moretto asked if he could appeal the case to the City Commission. He did not think the assessed fine was fair under the circumstances. He tried to comply and spent a lot of money to do so. 13 Meeting Minutes Code Compliance Board Boynton Beach, FL November 15, 2006 Mr. Blasie advised he would contact Mr. Moretto when the case would be heard by the City Commission. Case #96-4572 Phyllis &. Joseph Garcon 2451 NW 2nd St. Code Compliance Administrator Blasie explained there were two cases for the same Respondent. The first case had to do with the community appearance code and the seeond had to do with an occupational license. This case was originally cited on August 26, 1996 for violation of the community appearance code. There were driveway and grass issues. The case came before the board January 15, 1997. Mr. Garcon appeared and a date and fine was established for May 20, 1997 or $25 per day. Compliance was documented on September 4, 1997. He had four photographs showing the initial violation and two of the photos were taken November 14, 2006. Joseph Garcon, 210 Southwestern Ave, Delray Beach was present. He confirmed the property has been maintained since that time. Ms. Cook asked whether it was rented. Mr. Garcon explained the driveway was finished for a long time. He does not go to the home. He had a problem with his wife and her sister was put in the home. He did not know if he needed a license to do that. He obtained the rental license in 2001 and obtained the driveway permit. He explained he did not know about the lien until he spoke with Officer Luney. Chair Costantino explained this case pertained to the driveway repair and the grass. She requested confirmation the home remained maintained since 1997. Mr. Garcon confirmed it did. Motion Based on testimony and evidence presented in Case #96-4572, and having been advised that the Respondents have complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinance. Ms. Carroll moved that this board reduce the fines instituted in Case #96-4572, by virtue of this boards Order of January 15, 1997 to the amount of $250 including administrative costs. Ms. Simshauser seconded the motion. Mr. Foot asked why the board was overlooking the City's inspection costs. He did not hear any mitigating circumstances that would put the City at fault. Ms. Carroll responded the City did not actually pay those costs out of pocket. The gentleman had paid $500 and maintained the property for eight years, he fixed the property in 106 days and he had done his duty as a citizen of Boynton Beach. Vote The motion passed 5-2 (Vice Chair YelZY and Mr. Foot dissenting). Case #00-2291 Phyllis &. Joseph Garcon 2451 NW 2nd St. Code Compliance Administrator Blasie explained this case pertained to not having an occupational license to rent the property. The matter came before the board October 18, 2000 14 Meeting Minutes Code Compliance Board Boynton Beach, FL November 15, 2006 and no one appeared. A date and fine was established of November 13, 2000 or $25 per day. Compliance was documented February 8, 2001. Mr. Garcon's address of record at that time was at the violation address. Mail was sent and a return receipt was not signed by Mr. Garcon, rather by another individual. It appeared the home was owned either separately or jointly before that time. Mr. Garcon has been licensed ever since. Ms. Carroll noted Mr. Garcon did an admirable job. Mr. Joseph Garcon, 210 Southwestern Ave, Delray Beach was present. Motion Based on testimony and evidence presented in Case #00-2291, and having been advised that the Respondents have complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinance. Ms. Cook moved that this board reduce the fines instituted in Case #00-2291, by virtue of this boards order of October 18, 2000 to the amount of $250, which includes administrative costs. Ms. Carroll seconded the motion. The motion passed 6-1. (Mr. Foot ~1cc Chair Ycrzy dissenting). The board recessed for break at 9:18 P.M. The board reconvened at 9:24 P.M, Case # 06-1890 Property Address: Violation(s): Harold J. Chastain, Trustee 700 W. Boynton Beach Blvd. 10-2 B.B.C. of Ord. FBC CH4 SECT 401.4.J.1, PT3-LDR.CH2. SEC.4.J.1. Trim hedges, mow grass, remove all trash and debris from property, Repair all electrical polls and outlets. Code Officer Cain presented the case as above and explained this was a commercial piece of property. The City was recommending 15 days for compliance, November 30, 2006. Motion Based on the testimony and evidence presented in Case # 06-1890, Mr. Foot moved that this board find that Harold J. Chastain, Trustee, 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 November 30, 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 November 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. Vice Chair Yerzy seconded the motion that passed 6-0. (Ms. Cook not present for the vote. ) Case # 06-2204 Property Address: Mark and Kathy Schradin 1314 SE 3rd Street 15 Meeting Minutes Code Compliance Board Boynton Beach, FL Violation(s): November 15, 2006 10-2 B.B.C. of Ord. 10-3 B.B.C. of Ord. 13-16 B.B.C. or Ord, Please Deweed yard and swale. Contain all trash and debris (large pile mix trash in swale area) and dispose of properly Code Officer Guillaume presented the case and recommended 30 days for compliance, by December 15, 2006. Motion Based on the testimony and evidence presented in Case # 06-2204, Ms. Carroll moved that this board find that Mark and Kathy Schradin are in violation of City of Boynton Beach Code Sections as cited and move to order that the Respondents correct the violations on or before December 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 Respondent do not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past December 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 6-0. (Ms. Cook not present for the vote) Case # 06-2264 Property Address: Violation( s): Evanette Cryisque 431 SW 9th Ave. 13-16 B.B.C. or Ord. CH lS-ART.IX-1S-120(D).lnc. Mow overgrown yard and swale. Every rental unit in the City must be licensed, Code Officer Guillaume presented the request and recommended 30 days, until December 15, 2006 for compliance. Motion Based on the testimony and evidence presented in Case # 06-2264, Ms. Carroll moved that this board find that Evanette Cryisque 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 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 December 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 6-0. (Ms. Cook was not present for the vote.) Case # 06-2408 Vinnette Williams 16 Meeting Minutes Code Compliance Board Boynton Beach, FL Property Address: Violation(s): November 15, 2006 431 SW 9th Ave. 13-16 B.B.C. or Ord. CH lS-ART.IX-1S-120(D).lB 424.2.17.1,1 thru 10 Please repair or replace pool and install proper barrier to secure pool. Every rental unit in the City must be licensed. Code Officer Guillaume presented the request and recommended 30 days, until December 15, 2006 for compliance. The owner of record was Vinnette Williams was 1466 South Avenue, Port St. Lucie. Ms. Cook returned to the dais at 9:27 p.m. Mr. Foot asked if the pool was filled. Officer Guillaume responded it was. Chair Costantino asked if there were children present. Officer Guillaume thought there might be. Motion Based on the testimony and evidence presented in Case # 06-2408,Vice Chair Yerzy moved that this board find that Vinette Williams 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 15, 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 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 unanimously passed. Case # 06-2225 Property Address: Violation(s): Barbara &. Robert Garrison 2666 SW 2nd Cranbrook Dr, BBA FBC '05105.1. 105.3 App for permit Permit application #04-4045 , has expired, please secure a permit Code officer Melillo presented the case and recommended 15 days, until November 30, 2006 for compliance. Motion Based on the testimony and evidence presented in Case # 06-2225, Ms. Carroll moved that this board find that Barbara and Robert Garrison are in violation of City of Boynton Beach Code Sections as cited and move to order that the Respondents correct the violations on or before November 30, 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 Respondent do not comply with this Order, a fine in the amount of $50 per day for each day 17 Meeting Minutes Code Compliance Board Boynton Beach, FL November 15, 2006 the violations continue past November 30, 2006, plus 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 passed. Case # 06-2313 Property Address: Violation(s): Zamir Ulusoy &. Blendi Turku 111 NE 9th Avenue 13-16 B.B.C, or Ord. CH lS-ART.IX-1S-120(E) Inc. Replace roof, obtain single- family occupational license Code Officer Melillo explained the owner of record was Zamir Ulusoy and Blendi Turku, 6800 NE 22nd Way, Ft. Lauderdale. The City recommended 30 days, until December 15, 2006 for compliance. Mr. Foot asked whether that was enough time to get a new roof. Officer Melillo explained this was a community appearance violation that had a patches on the roof. They painted the roof to conform to the Code and met the Code requirement. They only needed the occupational license, and Officer Melillo explained they applied for it. Motion Based on the testimony and evidence presented in Case # 06-2313, Ms. Carroll moved that this board find that Zamir Ulusoy & Blendi Turku are in violation of City of Boynton Beach Code Sections as cited and move to order that the Respondents correct the violations on or before December 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 December 15, 2006, plus 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 passed. Case # 06-2314 Property Address: Violation(s): Alice W. Hollis 327 NE 11th Avenue CH lS-ART.IX-1S-120(D) Inc. Remove all outside storage and trash, remove inoperable and unregistered motor vehicles. Code Officer Melillo presented the case and recommended 15 days, until November 30, 2006 for compliance. Motion Based on the testimony and evidence presented in Case # 06-2314, Ms. Carroll moved that this board find that Alice W. Hollis 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 November 30, 2006. The board has considered the gravity of the violations, the actions taken by the Respondent 18 Meeting Minutes Code Compliance Board Boynton Beach, FL November 15, 2006 and any previous violations by Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $75 per day for each day the violations continue past November 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. Lamb seconded the motion that unanimously passed. Case # 06-2318 Property Address: Violation(s): Vernon Thompson, Jr., Trust 208 NE 10th Ave BBA FBC '05105.1.1. CH lS-ART.IX-1S-120(D) Inc. Remove outside storage and trash, mow grass weeds and trim and remove all inoperable unregistered motor vehicles. All outside washing machines must be permitted or removed. Officer Melillo presented the case and explained the owner of record lived at 2535 SW 12th Street. The City was recommending 15 days, until November 30, 2006 be given for compliance. Motion Based on the testimony and evidence presented in Case # 06-2318, Ms. Simshauser moved that this board find that Vernon Thompson Jr Trust, 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 November 30, 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 November 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. Carroll seconded the motion. Chair Costantino asked how many washing machines there were. Officer Melillo explained there at least five. ~ A vote was taken and the motion unanimously passed. Case # 06-2585 Property Address: Violation(s): Rosena Estella 514 NE 2nd St. 15-16 B.B.C. or Ord. CH1S-ART.IX-1S-120 (D) Inc. Remove all unregistered vehicles from your property and all storage in front and in carport. Pick up all trash and 19 Meeting Minutes Code Compliance Board Boynton Beach, FL November 15, 2006 debris. Install 4-inch house numbers that can be seen from the street. Officer Melillo presented the case and recommended 15 days, until November 30, 2006 be given for compliance. Mr. Foot asked if the board knew this family previously. Attorney Tolces explained you cannot impose liability based upon relationship. Motion Based on the testimony and evidence presented in Case # 06-2585, Ms. Simshauser moved that this board find that Rosena Estella 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 November 30, 2006. The board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by Respondent and hereby orders that if the respondent does not comply with this Order, a fine in the amount of $150 per day for each day the violations continue past November 30, 2006, plus 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 unanimously passed. Case # 06-1882 Property Address: Violation(s): Robert Lemmo 2709 SW 4th Street BBA FBC '05105.1.1 Obtain a permit for your gas generator electrical panel box. Code Officer Pierre presented the case. The City was recommending 30 days, until December 15, 2006 for compliance. Motion Based on the testimony and evidence presented in Case # 06-1882, Ms. Carroll moved that this board find that Robert Lemmo 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 15, 2006. The board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by Respondents 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 December 15, 2006, plus 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 passed. Case # 06-2433 Property Address: Violation(s): Jean Messeroux 2970 SE 2nd Street CH1S-ART.IX-1S-120 (D) Inc. 13-16 B.B.C. of Ord. 20 Meeting Minutes Code Compliance Board Boynton Beach, FL November 15, 2006 Remove all unregistered and inoperable vehicles. Replace driveway apron and remove trash and debris. An occupational license is required for your rental property. Code Officer Pierre presented the case. The City was recommending 30 days, until December 15, 2006, for compliance. Motion Based on the testimony and evidence presented in Case # 06-2433, Ms. Carroll moved that this board find that Jean Messeroux 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 15, 2006. The board has considered the gravity of the violations, the actions taken by the respondent and any previous violations by respondents and hereby orders that if the respondent does not comply with this Order, a fine in the amount of $150 per day for each day the violations continue past December 15, 2006, plus 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 passed. Case # 06-2100 Property Address: Violation(s) : Charles &. Caroline Tobias 3035 Pine Tree Lane BBA FBC '05 105.1.1 Obtain a permit for tree house or remove it Code Officer Pierre announced this case should be removed from the agenda. Motion Mr. Foot moved to amend the agenda to remove Case #06-2100. Ms. Carroll seconded the motion that unanimously passed. Case # 06-2434 Property Address: Violation(s): Jean Messeroux 2970 SE 2nd Street CH1S-ART.IX-1S-120 (D) Inc. 13-16 B.B.C. of Ord. Fix your mailbox and remove all unregistered and inoperable vehicles. An occupational license is required for your rental property. Code Officer Pierre presented the case and recommended 30 days, until December 15, 2006 for compliance. Motion 21 Meeting Minutes Code Compliance Board Boynton Beach, FL November 15, 2006 Based on the testimony and evidence presented in Case # 06-2434, Ms. Carroll moved that this board find that Jean Messeroux 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 15, 2006. The board has considered the gravity of the violations, the actions taken by the respondent and any previous violations by respondents and hereby orders that if the respondent does not comply with this Order, a fine in the amount of $150 per day for each day the violations continue past December 15, 2006, plus 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 passed. Case # 06-2396 Property Address: Violation(s): James Wright 510 NW 11th Ave. 13-16 B.B.C. of Ord. Occupational License is required for rental property. Code Officer Roy presented the case. The property owner of record was James Wright, residing at 315 SW 11th Avenue, Boynton Beach. The City recommended 10 days for compliance, until November 25, 2006 for compliance. Motion Based on the testimony and evidence presented in Case # 06-2396, Ms. Carroll moved that this board find that James Wright 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 November 25, 2006. The board has considered the gravity of the violations, the actions taken by the respondent and any previous violations by respondents 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 November 25, 2006, plus 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 passed. Case # 06-2510 Property Address: Violation(s): Rehan &. Iva Laurore 504 NW 12th Ave. FBC '01 ED 105.6 Permit #04-4958 inspections required for plumbing work. Occupational license will be required when habitable. Code Officer Roy presented the case. The property owner of record was Rehan & Iva Laurore, 4588 SW 129th Avenue, Hollywood. The City recommended 30 days for compliance, until December 15, 2006 for compliance Ms. Carroll asked whether the unit was occupied. Officer Roy responded it was not. Motion 22 Meeting Minutes Code Compliance Board Boynton Beach, FL November 15, 2006 Based on the testimony and evidence presented in Case # 06-2510, Ms. Carroll moved that this board find that Rehan & Iva Laurore are in violation of City of Boynton Beach Code Sections as cited and move to order that the Respondents correct the violations on or before December 15, 2006. The board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by respondents and hereby orders that if the Respondent do not comply with this Order, a fine in the amount of $150 per day for each day the violations continue past December 15, 2006, plus costs shall be imposed. The Respondent 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. Vice Chair Yerzy seconded the motion that unanimously passed. Case # 06-2536 Property Address: Violation(s): Jeannie L. Nixon 543 NW 11th Ave CH lS-ART.IX-1S-120(D).lnc. BBA FBC 'OS 105.1.1 Remove canopy (not permitted by Code) and remove all unlicensed/inoperable vehicles from property. Code Officer Roy presented the case. The City recommended 10 days for compliance, until November 25, 2006. Motion Based on the testimony and evidence presented in Case # 06-2536, Ms. Carroll moved that this board find that Jeannie L. Nixon 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 November 25, 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 November 25, 2006, plus 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. Vice Chair Yerzy seconded the motion that unanimously passed. Case # 06-2538 Property Address: Violation(s): Thelmar &. Jesse Patterson 532 NW 11th Ave. CH1S-ART.IX-1S-120(D ).Inc. Remove trash and debris, and unregistered/ inoperable vehicles from property Code Officer Roy presented the case. The property owner of record was Thelmar & Jesse Patterson, 1020 NW 3rd Street, Boynton Beach. The City recommended 10 days for compliance, until November 25, 2006. Chair Costantino asked whether the Patterson's were occasional visitors. Officer Roy responded they were, and most of their violations were building permits. This one involved the car. 23 Meeting Minutes Code Compliance Board Boynton Beach, FL November 15, 2006 Motion Based on the testimony and evidence presented in Case # 06-2538, Vice Chair Yerzy moved that this board find that Thelmar & Jesse Patterson are in violation of City of Boynton Beach Code Sections as cited and move to order that the Respondents correct the violations on or before November 25, 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 25, 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 unanimously passed. Case # 06-2552 Property Address: Violation(s): Julia &. William Bouie 544 NW 13th Ave. CH lS-ART.IX-1S-120(D),lnc, Remove unregistered and inoperable vehicles from property Code Officer Roy presented the case. The property owner of record was William & Julia Bouie, 409 NW 6th Avenue, Boynton Beach. The City recommended 10 days for compliance, until November 25, 2006. Motion Based on the testimony and evidence presented in Case # 06-2552, Vice Chair Yerzy moved that this board find that William & Julia Bouie are in violation of City of Boynton Beach Code Sections as cited and move to order that the Respondents correct the violations on or before November 25, 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 25, 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 passed. Case # 06-2455 Property Address: Violation(s): FBM Leasing Corp 130 SE 14th Ave. CH lS-ART.IX-1S-120(D ).Inc. Remove tree from wall and adjoining property in rear of property Code Officer Webb presented the case. The City recommended 10 days for compliance, until November 25, 2006. Motion 24 Meeting Minutes Code Compliance Board Boynton Beach, FL November 15, 2006 Based on the testimony and evidence presented in Case # 06-2455, Ms. Carroll moved that this board find that FBM Leasing Corp 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 November 25, 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 November 25, 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 unanimously passed. Case # 06-2473 Property Address: Violation(s): David and Jane p, Kislak, TR 443 SW 7th Court CH lS-ART.IX-1S-120(D ).Inc. PT3-LDR CH2. See 4.E PT3-LDR CH2. See 4.J.1 Trim bushes and trees. Trim or remove tree causing visual obstruction of traffic. Remove dead tree Code Officer Webb presented the case. The City recommended 10 days for compliance, until November 25, 2006. Motion Based on the Testimony and evidence presented in Case # 06-2473, Vice Chair Yerzy moved that this board find that David Tr & Jane P. Kislak, TR are in violation of City of Boynton Beach Code Sections as cited and move to order that the Respondents correct the violations on or before November 25, 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 25, 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 passed. Case # 06-2611 Property Address: Violation( s): Jean &. Marie Raymond 440 SW 6th Ave, CH lS-ART.IX-1S-120(D ).IA 14-3. B.B.C. of Ord. PT3-LDR.CH2 SEC.6.B.1 Remove all outside storage of items not actively being used. Remove all unlicensed and inoperable vehicles. Remove oversized truck from residential zone. 25 Meeting Minutes Code Compliance Board Boynton Beach, FL November 15, 2006 Code Officer Webb presented the case. The City recommended 10 days for compliance, until November 25, 2006. Motion Based on the restimony and evidence presented in Case # 06-2611, Ms. Cook moved that this board find that Jean & Marie Raymond are in violation of City of Boynton Beach Code Sections as cited and move to order that the Respondents correct the violations on or before November 25, 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 November 25, 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 unanimously passed. Case # 06-2738 Property Address: Violation(s): Donald L. Smith, Jr. 2622 NE 4th Ct. CH lS-ART.IX-1S-120(D ).lA Remove unlicensed and inoperable vehicles from the property. Code Officer Webb presented the case. The City recommended 10 days for compliance, until November 25, 2006. Motion Based on the testimony and evidence presented in Case # 06-2738, Ms. Cook moved that this board find that Donald L. Smith, Jr. 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 November 25, 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 November 25, 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 unanimously passed. Code Officer Melillo recommended certifying the following case for $1: Case # 06-0971 Josephine Daffin 315 NW 10th Ave Motion Based on testimony and evidence presented in Case #06-0971, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated June 21, 2006, 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 $1 per day plus 26 Meeting Minutes Code Compliance Board Boynton Beach, FL November 15, 2006 Administrative Costs which shall continue to accrue until the Respondent come into compliance or until a judgment is entered based upon this certification. Ms. Simshauser seconded the motion that unanimously passed. Code Officer Melillo recommended certifying the following cases for $50: Case # 06-1739 Noncent Ouze &. Maxi Kin50n 627 SW 3rd Ave. Motion Based on testimony and evidence presented in Case #06-1739, Ms. Carroll moved that this Board find that the Respondents have not complied with this Board's Order dated September 20, 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. Ms. Simshauser seconded the motion that unanimously passed. Case # 06-1894 Harold L, Buggy 2634 SW 5th Street Motion Based on testimony and evidence presented in Case #06-1894, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated September 20, 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 eertification. Ms. Simshauser seconded the motion that unanimously passed. Code Officer Melillo recommended certifying the following case for $100: Case #06-0873 Highway Peble Florida PeIlIe, LLC 907 N. Federal I Motion Based on testimony and evidence presented in Case #06-0873, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated September 20, 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. Ms. Carroll seconded the motion that unanimously passed. Case #06-1950 Jose P. Mateo 2628 NE 3rd Street Motion Based on testimony and evidence presented in Case #06-1950, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated September 20, 2006, and having considered the gravity of the violations, the actions taken by the Respondents, that 27 Meeting Minutes Code Compliance Board Boynton Beach, FL November 15, 2006 this Board impose and certify 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. Ms. Carroll seconded the motion that unanimously passed. Code Officer Melillo recommended No Fine for the following cases: Case #06-1780 Diane Reyes 420 SW 7th Ct. Motion Based on the testimony and evidence presented in Case #06-1780, Ms. Carroll moved that this Board find that the Respondent has complied with this Board's Order dated 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. Ms. Simshauser seconded the motion that passed unanimously. Case #06-2291 Michael &. Ina Bornstein 724 N. Federal Hwy Motion Based on the testimony and evidence presented in Case #06-2291, Ms. Carroll moved that this Board find that the Respondent has complied with this Board's Order dated October 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. Ms. Simshauser seconded the motion that passed unanimously. Case #06-1108 Homer &. Mary A. Solomon 130 Mentone Rd. Motion Based on the testimony and evidence presented in Case #06-1108, 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. Ms. Simshauser seconded the motion that passed unanimously. Case #06-984 William Hancock 1401 N.W. 7th Street Motion Based on the testimonv and evidence Dresented in Case #06-984. Ms. Carroll moved that this Board find that the ResDondent has comDlied with this Board's Order dated Julv 19, 2006, and havina considered the aravity of the violations. the actions taken bv the ResDondent. that this Baord imoo5e and certify "No Fine:' includina Administrative Costs. Ms. Simshauser seconded the motion that Dassed unanimouslv. Code Officer Melillo recommended the following case be tabled to December 20, 2006: Case #06-1839 Chackman Motels Inc. 706 W. Boynton Beach Blvd. 28 Meeting Minutes Code Compliance Board Boynton Beach, FL November 15, 2006 Motion Ms. Carroll moved to table the Case #06-1839 to December 20, 2006. Motion seconded by Mr. Foot and unanimously passed. Code Officer Melillo recommended the following cases be tabled to January 17, 2007: Case #06-0754 Elpagnier &. Winston Hudson 2731 NE 4th St. Mr. Foot moved to table the Case #06-0754 to January 17, 2007. Motion seconded by Ms. Carroll and unanimously passed. Ad10urnment There was no further business to discuss. Motion Ms. Carroll moved to adjourn. Ms. Simshauser seconded the motion that unanimously passed. Meeting adjourned at 9:44 P.M. Respectfully submitted, Q r JljV~ - ~G6Q)1/\V\Cl v7 Catherine Ch rry-Gu erman Recording Secretary 111606 29 I FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS i % I NAM' I fR11 � ��I! M31301 t NANO NAMF OF WARD. COI /NCR . COMMISSION. AU i 1101111Y, UK C'OMMI71IE o# /ASV ' ;t9R At111R1 �� /�, / /9/ 7/44( 1 Hi W ARI). COUNCIL . COMMISSION. AU I HORITY OR C'OMM1l'tEE ON Moth I \l r IS A 77‘ ' C%/Y • � 5-O KFI t171 � 0 COUNTY l 0 QIHER 1 OCA1 AGENCY C1 COW.. I% IA -7-z� � 4 r l4 � NAM 0yAr U V14l 11A1 F ON W111C'H 011 C CI1RRFIl MY POSI1ION IS: a 0 ELECTIVE AVPOINTIVE WHO MUST FILE FORM SD This form is tor use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority. or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay dose attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143. FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures w his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal. or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest. but must disclose the nature of the conflict before making an attempt to influence the decision b) oral or written communication, whether made by the officer or at his direction. iF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. LC I'1R M MI. 141 PAGE I IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and tile it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTE EST . I, /Cr3 1- . / , hereby disclose that on , 19 . (a) A easure came or will come before my agency which (check one) Inured to my special private gain; or Inured to the special gain of _ , by whom 1 am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: 6 /v7�,4 7704/ e) cif 4 4/Aisr" 4,1,/,,47\ g „- c -7 (,() /-1- /, 4 Al- 1� q 6‘,K_ c , 7 y ,M4t 7787 t7 ' 4- Le O5 //WA , 2 , IY6 ' /C ,a /A ,' C' %/-/ /4/ e / & lhy /.9-P/A -/, - /V /( A-‘ Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CI. tOR \1 M8 - 141 PAGE 2