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Minutes 12-20-06 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, DECEMBER 20, 2006 AT 7:00 P.M. IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA Present: Michele Costantino, Chair Richard Yerzy, First Vice Chair Lisa Simshauser, 2nd Vice Chair Kathleen Carroll Kathy Cook Robert Foot Jack Robert Lamb David Tolces, Assistant City Attorney Scott Blasie, Code Compliance Administrator Absent: Code Officers: Mike Melillo Willie Webb Courtney Cain Pete Roy Luney Guillaume Skip Lewis Peter McCray Vestiguerne Pierre George Moyer, Alternate I. Call to Order Chair Costantino called the meeting to order at 7:00 p.m. II. Approval of Minutes 1. Page 4, Case #06-2521. The first paragraph should read, "Noise levels cannot exceed 60 decibels between 7:00 a.m. and 10:00 p.m. and must not be noticeable from 100 feet from the Banana Boat property line after 10 p.m." 2. Page 8, Case #06-2237. The compliance date after the fine amount should read 2006, not 2007. 3. Page 14, Case #00-2291. Mr. Foot dissented, not Mr. Yerzy. 4. Page 27, Case #06-873. The property owner is Peble Florida LLC, not Florida Peble LLC. 5. Case #06-984. Fine Certification case does not appear in the minutes. The Board ruled, "No Fine." 6. Page 7, Case #06-2521. In the last paragraph of this case, Mr. Foot asked to add the word "recently" in his relating of the Banana Boat's attempts to control noise coming from their restaurant. Motion Ms. Carroll moved to approve the November 15, 2006 minutes as amended. Mr. Foot seconded the motion that passed 7-0. Meeting Minutes Code Compliance Board Boynton Beach, Florida December 20, 2006 III. Approval of Agenda Sr. Code Officer Skip Lewis advised of changes to the agenda. Case #05-2032, should be tabled until February 21, 2007. Motion Mr. Foot moved to table Case #05-2032 until February 21, 2007. Ms. Cook seconded the motion that passed 7-0. Case #06-2494, complied. Case #06-2652, should be tabled to February 21, 2007. Motion Ms. Carroll moved to table Case #06-2652 until February 21, 2007. Mr. Foot seconded the motion that passed 7-0. Case #06-2770, had been closed. Motion First Vice Chair Yerzy moved to accept the agenda as amended. Ms. Simshauser seconded the motion that passed 7-0. IV. 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. V. New Business Sr. Code Officer Lewis called the roll of cases to determine who was present. Page 26, Case #06-2373 should be removed. Motion Mr. Foot moved to amend the agenda to remove Case #06-2373. Ms. Carroll seconded the motion that passed 7-0. Chair Costantino asked to hear lien reduction Case #06-168 first, since Mr. Maddox had a small child in his arms. There were no objections from the board. VII. Lien Reduction (heard out of order by consensus) Case #06-168 Edoris Maddox 614 N.W. 5th Street Mr. Blasie reported the notice of violation had been issued on January 27, 2006 for violations of the Community Appearance Code, especially outdoor storage of construction equipment. A 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 20, 2006 Code Compliance Board hearing was held on April 19, 2006 and no one appeared. The board set a compliance date of April 29, 2006 and proposed a fine of $75 per day for non-compliance. The property came into compliance on December 6, 2006. Mr. Blasie showed photographs of the property to Mr. Maddox and the board. Edoris Maddox, 614 N.W. 5th Street, Boynton Beach, declared he was a plasterer by trade and occasionally did side jobs to supplement his income, at which time he used the mixer in his back yard. He was storing some blocks in his back yard because he eventually wanted to have enough to add on to his property. Work was slow and he had applied for a refinance loan on the property, which is how he found out about the lien. He explained he had tried to cover the blocks with plywood from the hurricane, but that was apparently not satisfactory. Motion Based on the testimony and evidence presented in Case #06-168, 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. Carroll moved that this board reduce the fine instituted in Case #06-168 by virtue of the board's order of April 19, 2006, to $922.21 including Administrative costs. First Vice Chair Yerzy seconded the motion that passed 7-0. Mr. Maddox explained his wife just had a baby and was not working. They could not afford to pay the fine. Attorney Tolces advised Mr. Maddox of his right to appeal the decision to the City Commission. V. New Business A. Cases to be Heard Case #06-2869 Biart Realty Corp Inc. (Owner) &. 56 Ace Recording Studio, Inc. (Tenant) 555 N. Railroad Avenue BBA FBC '04 105.1.1 Prior to issuance of occupational license provide proof of permits for the construction of a drop ceiling, installation of walls and sound booth, installation of air conditioning, installation of sinks, and obtain applicable inspections. Property Address: Violation( s): Code & Licensing Inspector Peter McCray reported the initial inspection of the property had taken place on July 27, 2006 for remodeling without a permit. A written notice was given allowing 30 days to come into compliance. The owner was granted an extension to allow more time to find contractors, but there had been no activity. 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 20, 2006 Calvin Thompson, 2300 N.W. 2nd Street, Boynton Beach, pled no contest. It was determined Mr. Thompson was a tenant at the address. Mr. Thompson declared he did not know if he could get enough money to obtain five permits or start fresh. When he called people for permits, they needed the owner of the building to pull the permits. He was 26, just starting out, and in school. If he could not afford the permit work, he would have to vacate the building. Betty Abramson, 9935 Harbor Lake Circle, Boynton Beach, of Biart Realty Corp Inc, announced she was the owner of the property. Ms. Abramson did not mind changes being made to the property, as long as the tenant complied with all applicable laws. Sr. Code & Rehab Officer Pete Roy declared they were in an area zoned M-1, Industrial, which was appropriate for a recording studio activity. Attorney Tolces advised the owner that a lien could be applied to her property as a result of this proceeding. Motion Based on the Testimony and evidence presented in Case #06-2869, Mr. Foot moved that this board find Biart Realty Corp Inc and 56 Ace Recording Studio Inc. are in violation of the City of Boynton Beach Code Sections as cited and moved to order that the Respondents correct the violations on or before January 19, 2007. The board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by Respondents and hereby ordered 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 January 19, 2007, 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. First Vice Chair Yerzy seconded the motion. The vote was inconclusive and Chair Costantino asked for a roll call vote. The Recording Secretary polled the members and the motion passed 6-1, Ms. Carroll dissenting. Case #06-2871 Biart Realty Corp Inc &. Bean and Bean (Tenant) 555 N. Railroad Avenue 13-16 BBC of Ord. Need occupational license. Property Address: Violation( s): Code & Licensing Inspector Peter McCray reported this violation was discovered during a routine inspection on October 16, 2006. The tenant was operating a recycling business without an occupational license. A notice was issued to comply within ten days. The tenant had not yet submitted application for an occupational license. The tenant was not present. Betty Abramson, 9935 Harbor Lake Circle, Boynton Beach, of Biart Realty Corp Inc, stated her property manager was present and in contact with Bean and Bean, who were in the process of applying for an occupational license. Betty Albert, 2620 N.E. First Court, Boynton Beach, property manager for 555 N. Railroad Avenue, declared she had spoken to John Bean and Michael Bean and they indicated they had applied for a permit. She would pursue this with the Beans immediately. 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 20, 2006 Motion Based on testimony and evidence presented in Case #06-2871, First Vice Chair Yerzy moved that a Cease and Desist Order be issued giving Bean and Bean until December 30, 2006 to bring the violation of City of Boynton Beach Code Section as cited into compliance. The board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that a fine in the amount of $100 per reoccurrence of the violation thereafter shall be imposed upon the Respondent. Ms. Carroll seconded the motion that passed 7-0. Motion Based on the testimony and evidence presented in Case #06-2871, Mr. Foot moved that this board find that Biart Realty Corp Inc. is in violation of City of Boynton Beach Code Section as cited, and moved to order that the Respondent correct the violation on or before December 30, 2006. The board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violation 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 December 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 passed 6-1, Ms. Carroll dissenting. Case #06-1341 Property Address: Violation( s): Nancy E. Begnoche 645 Oak Street BBA FBC '05 105.1.1, CHI5-ART.IX-15- 120 (D) INC Building permit needed for new repaired roof and front porch overhang. Rear property structure needs a new roof (with permit). Remove trash and debris pile from front yard. Sr. Code Officer Lewis indicated the City recommended tabling this case until February 21, 2007, since Ms. Begnoche had applied to the Community Improvement Division of the City for assistance. Michael Cohen, 645 Oak Street, provided a letter of authorization to the board from his fiance, Nancy Begnoche, to appear on her behalf. Motion Mr. Foot moved to table Case #06-1341 until the February 21, 2007 board meeting. Ms. Carroll seconded the motion that passed 7-0. Case #06-2106 Property Address: Violation( s): David &. Ida M. Hayes 1626 N. Seacrest Boulevard BBA FBC '05105.1.1 and 105.4 Stop further construction, remodeling, and alterations to house. Proper 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 20, 2006 building permits required for all structural, electrical, windows, and any other new remodeling work to be done. Sr. Code Officer Lewis reported this property had been cited on August 14, 2006 as a result of a routine inspection. A written notice was given with 30 days to comply. The property was posted on November 20, 2006. The City recommended compliance by February 18, 2007. David Hayes, 1626 N. Sea crest Boulevard, Boynton Beach, pled guilty and explained his financial difficulties and time constraints regarding obtaining permits. He finally found someone to draw up the plans and that individual went into the hospital. He had been under the impression he did not need a permit for repairing storm damage. He had put in new windows due to storm damage and was told that was remodeling. When the storm blew a roof off the carport, there was a wire hanging down in the carport where the light had been since he had to repair the wood. He was told that was an electrical issue. In questioning by the board, Mr. Hayes indicated he would make every effort to come into compliance in 90 days. Motion Based on the Testimony and evidence presented in Case #06-2106, First Vice Chair Yerzy moved that this board find David & Ida M. Hayes are in violation of the City of Boynton Beach Code Sections as cited and moved to order that the Respondents correct the violations on or before March 20, 2007. The board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by Respondents and hereby ordered that if the Respondents did not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past March 20, 2007, plus administrative costs, shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed 7-0. Case #06-1880 Property Address: Violation( s): Shaila Maharajh &. Deoraj Singh 4 Cedar Circle 424.2.17.1.1 thru 10 Install pool barrier around pool. Must have a contractor pull permit for fence or enclosure. Sr. Code Officer Mike Melillo declared the property had been inspected and cited on July 20, 2006 for an inadequate pool enclosure. Shaila Maharajh, 4 Cedar Circle, Boynton Beach, pled no contest. She stated storms had blown away her screened enclosure around the pool on two different occasions. She had put orange fence netting around the pool, but Code had advised her she needed to stiffen it with more poles, since it was falling down. Ms. Maharajh declared she was having a survey done and expected to have it by January 13, 2007. By the end of February 2007, she hoped to have the permits pulled for a pool fence. 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 20, 2006 Code Officer Melillo declared the current pool barrier would be sufficient when it was stiffened with more poles, as a temporary measure until the fence could be erected. Motion Based on the Testimony and evidence presented in Case #06-1880, Ms. Carroll moved that this board find Shaila Maharajh and Deoraj Singh are in violation of the City of Boynton Beach Code Sections as cited and moved to order that the Respondents correct the violations on or before March 20, 2007. The board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by Respondents and hereby ordered that if the Respondents did not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past March 20, 2007, 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 7-0. Case #06-2583 Property Address: Violation( s): Michael R. Rogers 111 N.E. 3rd Avenue CHI5-ART.IX-15-120 (D) 1 INC. Remove all unregistered vehicles, cut grass and remove all trash and debris and all outside storage. Sr. Code Officer Melillo reported this property had been cited on October 6, 2006. Code Officer Melillo showed pictures to Mr. Rogers and the board. There was still some outside storage and debris, but most of the grass cutting had been done. Michael Rogers, 111 N.E. 3rd Avenue, Boynton Beach, pled no contest and asked for 25 days. He stated he needed that time since one of the cars had been sold, but would not be picked up by the new owner until after the first of the year. Motion Based on the testimony and evidence presented in Case # 06-2583, Mr. Foot moved that this board find that Michael R. Rogers 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 19, 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 January 19, 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 carried 5-2, Ms. Simshauser and Ms. Carroll dissenting. Case #06-2791 Property Address: Violation( s): Desir Desjardina 135 N.E. 5th Avenue CHI5-ART.IX-15-120 (D) 1 INC; 13-16 BBC of ORD Sod front yard. Remove all inoperable and unregistered 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 20, 2006 vehicles. Occupational license required for renter(s) in home. Remove trash and debris. Sr. Code Officer Melillo reported this property had been cited on October 31, 2006. Officer Melillo showed pictures of the property to Mr. Desjardina and the board. He stated Mr. Desjardina had applied for an occupational license, but could not obtain one until he corrected the violations. Since the time Mr. Desjardina had applied for an occupational license and this meeting, the Boynton Beach Police SWAT team had raided this property on December 19, 2006. The pictures Officer Melillo showed the board depicted violations inside the house such as holes in the walls and ceilings and boarded up windows. There was still some debris in the back yard. Desir Desjardina, 135 N.E. 5th Avenue, Boynton Beach, pled not guilty. He confirmed this was a rental property and had been a rental property for almost a year. He maintained he was unaware an occupational license was needed. When asked for his true address, he gave 1045 Grove Park Circle, Boynton Beach, 33436. The board expressed concern about the safety of the occupants of the house. Mr. Desjardina claimed any people living in the house had moved out on December 20. Mr. Melillo responded there had been people living in the house on December 20 and a placard had been placed on the house indicating the building was unsafe for human occupancy. The board felt if the occupants had indeed moved out, the occupational license issue would be moot. Attorney Tolces responded to questions from the board, suggesting a standard order with a minimum amount of time for compliance, giving the Police and Building Departments an opportunity to do whatever they needed to do to make certain no one was living in the structure. Motion Based on the testimony and evidence presented in Case # 06-2791, Mr. Foot moved that this board find that Desir Desjardina is in violation of City of Boynton Beach Code Sections as cited, excluding the occupational license, and moved to order that the Respondent correct the violations on or before December 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 $500 per day for each day the violations continue past December 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. First Vice Chair Yerzy seconded the motion that carried 7-0. Case #06-2704 Property Address: Violation( s): Lizzette Brown 3028 E. Palm Drive CHI5-ART.IX-15-120 (D) INC. Sod bare spot in yard and repair driveway. Sr. Code Officer Vestiguerne Pierre reported the details of this case. 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 20, 2006 Lizzette Brown, 3028 E. Palm Drive, Boynton Beach, pled no contest and asked for 60 days. Motion Based on the testimony and evidence presented in Case # 06-2704, First Vice Chair Yerzy moved that this board find that Lizzette Brown is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before February 18, 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 $25 per day for each day the violations continue past February 18, 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. Simshauser seconded the motion that carried 7-0. Case #06-2842 Property Address: Violation( s): Anael F. Lambert 50 S. Palm Drive CHI5-ART.IX-15-120 (D) INC Mow yard. Attorney Tolces swore in the Respondent and other latecomers. Sr. Code Officer Pierre related the details of the case. Anael F. Lambert, 50 S. Palm Drive, Boynton Beach, pled guilty and asked for a few days in which to accomplish this. Motion Based on the testimony and evidence presented in Case # 06-2842, First Vice Chair Yerzy moved that this board find that Anael F. Lambert is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before December 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 $100 per day for each day the violations continue past December 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. Cook seconded the motion that carried 7-0. Case #06-2558 Property Address: Violation(s): Juan A. Rodriguez 816 S. Seacrest Boulevard CHI5-ART.IX-15-120 (D) 1 INC, 13-16 BBC of ORD Remove all unlicensed and inoperable vehicles. Remove all loose trash and debris and repair driveway. An occupational license is required for rental of home. 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 20, 2006 Sr. Code Officer Webb indicated the property was cited as a result of a routine inspection on October 6, 2006. Since a certified mail notice elicited no response, the property was posted on December 9, 2006. Juan Rodriguez, 816 S. Seacrest Boulevard, Boynton Beach, pled no contest and asked for 60 days. He might need longer than that to get a permit and repair the driveway. Officer Webb showed pictures of the property to Mr. Rodriguez and the board. Mr. Rodriguez declared he was maintaining the property as a home for his family. He was keeping up a separate home for himself. His son was trying to sell the cars. The occupational license issue did not seem appropriate to Mr. Rodriguez in light of the fact the people living there were relatives and were not being charged any rent. The board appreciated the effort Mr. Rodriguez was making to maintain two households, but encouraged him to move the vehicles as soon as possible. Motion Based on the testimony and evidence presented in Case # 06-2558, Mr. Foot moved that this board find that Juan A. Rodriguez is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before December 30, 2006 for trash and debris, January 19, 2007 for vehicles, and February 18, 2007 for the driveway. The board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day for all three categories for each day the violations continue past the stated dates, 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 carried 7-0. Case #06-2736 Property Address: Violation( s): Todd M. Wilson 714 S.E. 3rd Street CHI5-ART.IX-15-120 (D) .IB, LDR CH20 ART. I SEC 8 E-16 Repair driveway and place four- inch house numbers on building visible from City street. Sr. Code Officer Webb stated Mr. Wilson had been present, but had to leave. He had asked for 30 days to come into compliance and the City agreed. Motion Based on the testimony and evidence presented in Case # 06-2736, Ms. Simshauser moved that this board find that Todd M. Wilson is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before January 19, 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 $25 per day for each day 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 20, 2006 the violations continue past January 19, 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. First Vice Chair Yerzy seconded the motion that carried 7-0. Case #06-2888 Property Address: Violation( s): Kenneth R. Hall 110 S.E. 3rd Avenue CHI5-ART.IX-15-120 (D) .IA Remove all unlicensed and inoperable vehicles. Sr. Code Officer Webb reported this property had been cited through a routine inspection of the neighborhood on November 9, 2006. Ken Hall, 110 S.E. 3rd Avenue, Boynton Beach, pled no contest, stating both vehicles were up for sale in the paper. He asked for 90 days because one of them was an antique car and although he was advertising in the newspaper, there was a very limited market for that type of vehicle. The board suggested storage if Mr. Hall wished to retain the vehicles. Mr. Hall believed the Datsun belonging to his son could probably be relocated to some other area. Motion Based on the testimony and evidence presented in Case # 06-2888, Ms. Simshauser moved that this board find that Kenneth R. Hall is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before January 19, 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 January 19, 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. Carroll seconded the motion that passed 6-1, First Vice Chair Yerzy dissenting. VI. Old Business A. Lien Penalty Certifications (Tabled) Case #06-1366 Liliang Yang &. Xiu Juan Dong 240 N. Congress Avenue Sr. Code Officer Melillo declared there had been a misunderstanding about a sign issue they thought was due to hurricane damage. The original site plan was done in the 1980s and was very vague. The City recommended tabling the case for 60 days so they could work with the City Forester, Kevin Hallahan. Motion Ms. Simshauser moved to table Case #06-1366 to February 18, 2006. Ms. Carroll seconded the motion that passed 7-0. 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 20, 2006 Ms. Springer corrected the tabling date to February 21, 2007, and the makers of the motion concurred. Case #06-1534 Richard &. Desiree A. Shores 2652 N.E. 4th Court Sr. Code Officer Webb reported the notice of violation had been issued on June 21, 2006 for storing shipping containers in a residential zone. A Code Compliance Board hearing was held on August 16, 2006 and Richard Shores appeared. The board set a date for compliance of November 14, 2006 and proposed a fine of $50 per day for non-compliance. Compliance was verified on December 6, 2006. Richard Shores, 2652 N.E. 4th Court, Boynton Beach, explained that much of the delay was concerned with getting a special truck to pick up the shipping containers. Officer Webb stated the City recommended "No Fine." Motion Based on the testimony and evidence presented in Case #06-1534, Mr. Foot moved that this board find that the Respondents, Richard and Desiree A. Shores, were 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 August 26, 2006, and in consideration of the gravity of the violation, the actions taken by the Respondents to remedy the violation, and previous violations of the Respondents, that this board impose and certify "No Fine." Ms. Carroll seconded the motion that passed 7-0. CHAIR COSTANTINO DECLARED A FIVE-MINUTE RECESS AT 8:55 P.M. THE MEETING RESUMED AT 9:06 P.M. Case #01-3431 Ralph Rosie Inc. 2007 S. Federal Highway Mr. Blasie reported this property had originally been cited on December 14, 2001 for violations of the Standard Building Code. A deck awning and rock landscape had been installed without benefit of permits. The case came before the board on December 18, 2002 and no one appeared. The board set a compliance date of January 17, 2003. which was later amended to May 16, 2003. The board proposed a fine for non-compliance of $25 per day. Compliance was documented on November 20, 2006. The unpermitted items were removed. A fine accrued of $32,075.00 plus administrative costs of $730.15. Two exhibits were distributed to the board: 1) Exhibits A 1-7; and 2) Exhibit B, an excerpt from the City's Code Section 13-16, "Engaging in business without a license; penalties; prima facie evidence." The owner had to be in complete compliance in order to appear before the board to ask for a lien reduction. This section stated in (c) "In any original prosecution under this section, the fact that such person is open for business, shall be prima facie evidence of engaging in such trade, business, profession or occupation, and the burden shall be upon the defendant to rebut same." In Mr. Blasie's opinion, Ralph & Rosie's was open for business. Mr. Blasie reported receiving an anonymous telephone call that Ralph & Rosie's had been routinely open for business in the evenings for the previous two or three weeks. At 5:00 or 5:30 p.m. today, Mr. Blasie paid Ralph and Rosie's a visit and both doors to the business were open, the bar was fully seated, and alcohol was being served. He had a discussion with Mr. DeVito, whose 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 20, 2006 explanation was he had pre-booked some private parties and had an obligation to meet, so he was going to honor those obligations in spite of the fact that according to the City's lien reduction guidelines, he had to be in full compliance in order to request a lien reduction. Attorney Tolces asked if Mr. Blasie were stating the business was not in compliance, and Mr. Blasie indicated that was his opinion. Attorney Tolces declared if they were open for business, they were technically not in compliance and were not authorized to appear before the board for a lien reduction. Mr. Blasie stated Ralph and Rosie's had an occupational license. The City recently enacted an ordinance stating renewal of occupational licenses to persons with Code liens would be denied. Mr. Blasie stated when the owner got a letter from the City Attorney's office advising the renewal was not going to be granted based on the outstanding Code compliance issues, the unpermitted items were removed and a For Sale sign was put up on the business and the marquee read "Closed." Ralph J. Devita, Jr., part owner of Ralph & Rosie's, 2007 S. Federal Highway, contested Mr. Blasie's assertion that he was in business. There was no cash on the bar. There were only a bunch of his friends coming in for a Christmas party. The sign on the door stated, "Private Party." Mr. Blasie asked Mr. Devita about his statement to Mr. Blasie about having to honor his pre-booked parties. Mr. Devita denied having said that. Motion Ms. Cook moved to table Case #01-3431 until January 17, 2007. Mr. Carroll seconded the motion that passed 6-0. Attorney Tolces indicated the lien reduction hearing for Ralph & Rosie's would be conducted on January 17, 2007, assuming the property was in full compliance. Case #04-2038 Arcenio R. Carpio 3823 N. Old Dixie Highway Mr. Blasie reported this property had been cited on August 19, 2004 for violations of the Community Appearance Code. A Code Compliance Board hearing was held on November 18, 2004 and no one appeared. The board set a compliance date of November 27, 2004 and proposed a fine of $100 per day for non-compliance. Compliance was documented on May 26, 2005. Mr. Blasie showed two photographs to the board, one taken December 14, 2004 and another December 19, 2006. Helene Olson and Jack White, 3823 N. Old Dixie Highway, Delray Beach, 33483, declared they were the new owners of the property. They were aware of the violations when they purchased the property and had put the lien money into escrow. They showed the board two pictures of the property also, and received several comments about what a nice job they had done. They stated the delay had been caused through their not understanding that the windows were out of compliance in addition to the trash and debris. It took them quite some time to get the windows put in properly along with hurricane shutters and so forth. 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 20, 2006 Motion Based on the testimony and evidence presented in Case #04-2038, and having been advised that the Respondents have complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Ms. Carroll moved that this board reduce the fines instituted in Case #04-2038, by virtue of this board's Order of November 18, 2004, to an amount of $730.15 including administrative costs. Ms. Cook seconded the motion that passed 6-1, First Vice Chair Yerzy dissenting. Case #01-1185 Florida 4-C Properties LLC 2508 N. Federal Highway Mr. Blasie reported the final two lien reductions were for the same property and the same applicant, with different violations. Case #01-1185 pertained to 55-gallon drums of unknown substance on the property. Case #04-2591 pertained to trash, debris, mowing, and tree maintenance. He explained this property was vacant property that used to have a gas station on it, near the Inlet Harbor Club. Mr. Blasie showed photographs to the board and the applicant. John Lake, 1111 George Bush Boulevard, Delray Beach, explained he was a partner in an association of people who were buying this property. Attorney Tolces asked if he had authorization to appear on behalf of Florida 4-C Properties LLC, and at first Mr. Lake thought he had because they had a contract to purchase the property and they were allowing the group to take care of these liens and some other problems. Attorney Tolces asked if the contract had given them agency to obtain lien reductions, and Mr. Lake responded it was just a standard contract for sale. Attorney Tolces asked Mr. Lake if the sellers/owners were aware of his presence here and Mr. Lake responded affirmatively. Mr. Blasie stated they had taken care of some outstanding lot mowing liens. The City could never find Florida 4-C and had to periodically hire someone to mow the property. Ms. Cook felt no one could be held accountable in light of that. It sounded as if the association planned to develop the property, which would remove an eyesore from the City. Mr. Foot inquired if any other departments, such as the Fire Department, had incurred any expenses not shown on the agenda page. Mr. Blasie commented the Fire Department had responded at one time, but did not handle the barrels and there was no further activity. Mr. Foot was in favor of rounding up the fine to $lK to cover this involvement. Motion Based on the testimony and evidence presented in Case #01-1185, and having been advised that the Respondents have complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Ms. Simshauser moved that this board reduce the fines instituted in Case #01-1185, by virtue of this board's Order of July 18, 2001, to an amount of $634.12 including administrative costs. First Vice Chair Yerzy seconded the motion that passed 6-1, Mr. Foot dissenting. Case #04-2591 Florida 4-C Properties LLC 2508 N. Federal Highway Mr. Blasie reported this property had been cited on November 17, 2004 for violations of the Community Appearance Code. A Code Compliance Board hearing was held on December 16, 2004 and no one appeared. The board set a compliance date of December 25, 2004 and 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 20, 2006 proposed a fine for non-compliance of $50 per day. Compliance was documented on April 19, 2006. Motion Based on the testimony and evidence presented in Case #04-2591, and having been advised that the Respondents have complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, First Vice Chair Yerzy moved that this board reduce the fines instituted in Case #04-2591, by virtue of this board's Order of December 25, 2004, to an amount of $634.12 including administrative costs. Ms. Simshauser seconded the motion that passed 6-1, Mr. Foot dissenting. VI. Old Business (cont'd.) A. Lien Penalty Certifications (Tabled) (cont'd.) Case #06-1915 Antoine Celestin &. Christine Joseph 432 N.E. 22nd Avenue Sr. Code Officer Lewis reported this property had been cited on July 24, 2006 for violations of the Florida Building Code. A Code Compliance Board hearing was held on September 20, 2006 and no one appeared. The board set a compliance date of October 5, 2006 and proposed a fine for non-compliance of $50 per day. The violations still exist. They had applied for the window permit, but it had not been issued yet. Antoine Celestin, 432 N.E. 22nd Avenue, Boynton Beach appeared with Edith Normil of 2420 N.E. 2nd Court, Boynton Beach, his sister. Laura Celestin, 2420 N.E. 2nd Court, Boynton Beach, daughter to Antoine Celestin, translated. Sr. Code Officer Lewis did not know if they would be able to get the permit for which they had applied. If they did, the violation would be resolved. He asked for and received assurance that Mr. Celestin understood the actions taken at this meeting. Motion Mr. Foot moved to table Case #06-1915 to January 17, 2007. First Chair Yerzy seconded the motion that passed 7-0. Mr. Foot left the meeting at 9:37 p.m. V. New Business (cont'd.) A. Cases to be Heard (cont'd.) Case #06-2569 Rose Picker Tr Office Depot #71, Office Depot Inc. 260 N. Congress Avenue CH.2.5-12 &. CH 2.5-13 Excess false alarms and service fees Property Address: ViolationCs): 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 20, 2006 Sr. Code & Rehab Officer Roy reported the owner of record was Rose Picker, 7170 Elkhorn Drive, West Palm Beach, FI. A notice of violation was also sent to Office Depot, P.O. Box 5029, Boca Raton, Florida and Office Depot #71, 260 N. Congress Avenue, Boynton Beach. The City recommended compliance by December 30, 2006. Motion Based on the testimony and evidence presented in Case #06-2569, Ms. Simshauser moved that this board find that Rose Picker Tr Office Depot #71, Office Depot Inc. 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 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 December 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. It was determined that this was a repeat offender, so Ms. Simshauser changed the amount of the proposed fine to $250 per day. Ms. Carroll agreed. The motion passed 6-0. Case #06-2757 Property Address: Violation( s): Helen B. Wright 1441 N.W. First Court CH 1.5-3 &. CH 2.5-7 Alarm operating permit required in form of a decal authorizing the use of such alarm. The decal shall be displayed at the main entry or a conspicuous place at the front of the premises. Sr. Code & Rehab Officer Roy indicated the City recommended a compliance date of December 30, 2006. Motion Based on the testimony and evidence presented in Case # 06-2757, Ms. Simshauser moved that this board find that Helen B. 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 December 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 $25 per day for each day the violations continue past December 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 that passed 6-0. Case #06-2796 CNL Income Fund XIV Ltd Titan Holdings, LLC/Checkers, Tenant Checkers 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida Property Address: Violation( s): December 20, 2006 755 W. Boynton Beach Blvd. CH. 2.5-12 &. CH. 2.5-13 Excessive false alarms. Pay all fines to avoid Code Compliance Board action. Sr. Code & Rehab Officer Roy declared the City recommended compliance by December 30, 2006 Motion Based on the testimony and evidence presented in Case # 06-2796, First Vice Chair Yerzy moved that this board find that CNL Income Fund XIV Ltd. Titan Holdings, LLCjCheckers, Tenant Checkers, 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 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 $250 per day for each day the violations continue past December 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. Cook seconded the motion that passed 6-0. Case #05-2114 Property Address: Violation( s): 1420 Holdings LLC 1420 S.W. 30th Avenue PT3-LDR, CH 4 SEC 11 Site Plan maintenance required. Contact Kevin Hallahan. Code Officer Cain stated the City recommended a compliance date by January 19, 2007. Motion Based on the testimony and evidence presented in Case # 05-2114, Ms. Carroll moved that this board find that 1420 Holdings LLC 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 19, 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 $75 per day for each day the violations continue past January 19, 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. Simshauser seconded the motion that passed 6-0. Case #06-1536 Property Address: Violation( s): Dorothy R. Donlon Est 634 S.W. First Court CHI5-ART.IX-15-120 (E) 1 Repair missing or rotted fascia boards on house; repair roof; paint and repair awnings. 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 20, 2006 Code Officer Cain stated the City recommended compliance by March 20, 2007. Motion Based on the testimony and evidence presented in Case # 06-1536, Ms. Carroll moved that this board find that Dorothy R. Donlon Est 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 20, 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 March 20, 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. First Vice Chair Yerzy seconded the motion that passed 6-0. Case #06-2859 Property Address: Violation( s): Elizabeth Alonso 1026 S.W. 23rd Avenue 10-2 BBC of ORD Mow overgrown yard and swale area. Code Inspector Guillaume stated the City recommended compliance by December 30, 2006. Motion Based on the testimony and evidence presented in Case # 06-2859, Ms. Carroll moved that this board find that Elizabeth Alonso 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 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 December 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 passed 6-0. Case #06-2861 Property Address: Violation( s): Grace K. Kjelden 1082 S.W. 23rd Avenue CHI5-ART.IX-15-120 (D) 1 INC. Mow, de-weed and sod dead area of yard. Code Inspector Guillaume stated the City recommended compliance by January 19, 2007. Motion Based on the testimony and evidence presented in Case # 06-2861, First Vice Chair Yerzy moved that this board find that Grace K. Kjelden 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 19, 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 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 20, 2006 the violations continue past January 19, 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. Simshauser seconded the motion that passed 6-0. Case #06-2698 Property Address: Violation( s): Steven l. Stefano 23 Via de Casas Sur 203 BBA FBC '04 105.1.1 Secure building permit for hurricane shutters, to be installed to comply with Building Inspector's red tag. Sr. Code Officer Lewis stated the City recommended compliance by January 19, 2007. Motion Based on the testimony and evidence presented in Case # 06-2698, Ms. Simshauser moved that this board find that Steven J. Stefano 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 19, 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 January 19, 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. Carroll seconded the motion that passed 6-0. Case #06-2661 445 Boynton Holdings LLC Donald l. Thomas Reg. Agt. 445 N. Federal Highway CHI5-ART.IX-15-120 (D) 1 INC. 15-18 BBC of ORD. Clean up parking lot on N.E. 4th Street. Cut all overgrowth. Mow grass. Pick up all trash and debris. Paint over any graffiti on building or wall on N.E. 4th Street. Property Address: Violation( s): Sr. Code Officer Melillo stated the City recommended compliance by December 30, 2006. Motion Based on the testimony and evidence presented in Case # 06-2661, Ms. Carroll moved that this board find that 445 Boynton Holdings LLC (Donald J. Thomas Reg. Agent) 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 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 $100 per day for each day the violations continue past December 30, 2006, plus administrative 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 20, 2006 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. First Vice Chair Yerzy seconded the motion that passed 6-0. Case #06-2785 Property Address: Violation( s): Geneva Russell N.E. 12th Avenue CHI5-ART.IX-15-120 (D) 1 INC. Mow lot and trim bushes Sr. Code Officer Melillo stated the City recommended compliance by December 30, 2006. Motion Based on the testimony and evidence presented in Case # 06-2785, First Vice Chair Yerzy moved that this board find that Geneva Russell 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 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 December 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 passed 6-0. Case #06-2791 Property Address: Violation(s): Shellie J. &. Jacob Rus 515 N.E. First Street CHI5-ART.IX-I-120 (D) 1 INC. Sod yard. Clean up side and back yard. Remove all trash and debris. Sr. Code Officer Melillo stated the City recommended compliance by December 30, 2006. Motion Based on the testimony and evidence presented in Case #06-2791, First Vice Chair Yerzy moved that this board find that Shellie J. & Jacob Rus 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 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 Respondents do not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past December 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 passed 6-0. Case #06-2438 Property Address: Violation( s): Marie M. Isma 3230 S.E. 2nd Street CHI5-ART.IX-15-120 (D) INC. 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 20, 2006 Remove trash and debris and trim hedges. Repair driveway apron. Sr. Code Officer Pierre stated the City recommended compliance by January 4, 2007. Motion Based on the testimony and evidence presented in Case # 06-2438, Ms. Simshauser moved that this board find that Marie M. Isma 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 4, 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 $25 per day for each day the violations continue past January 4, 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 6-0. Case #06-2468 Rosemary P. & Douglas R. Vaughn 215 S.E. First Avenue 13-16 BBC of ORDi CHI5- ART.IX-15-120 (D).IB Repair driveway apron. Occupational license required for rental of house. Property Address: Violation( s): Sr. Code Officer Webb stated the City recommended compliance by December 30, 2006. Motion Based on the testimony and evidence presented in Case # 06-2468, Ms. Carroll moved that this board find that Rosemary P. & Douglas R. Vaughn 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 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 Respondents do not comply with this Order, a fine in the amount of $75 per day for each day the violations continue past December 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 passed 6-0. Case #06-2471 Property Address: Violation( s): Sea crest Investments LLC 401 S. Seacrest Boulevard CHI5-ART.IX-15-120 (D) 1 INC. LDR CH 20 ART I SEC 8 F13 Place 6 inch house numbers on building visible from City street. Re-seal and re-stripe and repair 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 20, 2006 driveway and apron. Remove all loose trash. Sr. Code Officer Webb stated the City recommended compliance by February 3, 2007. Motion Based on the testimony and evidence presented in Case # 06-2471, Ms. Carroll moved that this board find that Sea crest Investments LLC 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 3, 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 3, 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. Simshauser seconded the motion that passed 6-0. Case #06-2559 Property Address: Violation( s): John F. Fitzpatrick 103 S.E. 5th Avenue CHI5-ART.IX-15-120 (D) 1 Inc., 13-16 BBC of ORD. Remove unlicensed/inoperable vehicles. Occupational license is required for rental of house. Sr. Code Officer Webb stated the City recommended compliance by January 19, 2007. Motion Based on the testimony and evidence presented in Case # 06-2559, Ms. Simshauser moved that this board find that John F. Fitzpatrick 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 19, 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 January 19, 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. Carroll seconded the motion that passed 6-0. Case #06-2690 Property Address: Violation(s): Yolaine &. Rigaud Saintfort 1515 S.W. 2nd Street CHI5-ART.IX-15-120 (D).INC. Remove all loose trash. Remove all unlicensed and inoperable vehicles. Repair driveway. Sr. Code Officer Webb stated the City recommended compliance by February 18, 2007. 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 20, 2006 Motion Based on the testimony and evidence presented in Case # 06-2690, First Vice Chair Yerzy moved that this board find that Yolaine & Rigaud Saintfort 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 February 18, 2007. 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 February 18, 2007, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed 5-1, Ms. Simshauser dissenting. VI. Old Business (cont'd.) B. Lien Penalty Certifications (New) Sr. Code Officer Lewis indicated the City recommended certifying the fine of $25 per day in Case No. 06-1710. Case #06-1710 Carlene N. Grisby 711 W. Ocean Drive Motion Based on the testimony and evidence presented in Case #06-1710, Ms. Simshauser moved that this board find that the Respondent, Carlene N. Grisby, 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 $25 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that passed 6-0. Sr. Code Officer Lewis indicated the City recommended certifying the fine of $50 per day in Case No. 06-2140. Case #06-2140 Edison Matute 650 N.W. First Avenue Motion Based on the testimony and evidence presented in Case #06-2140, First Vice Chair Yerzy moved that this board find that the Respondent, Edison Matute, has not 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 a fine in the amount of $50 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Simshauser seconded the motion that passed 6-0. Sr. Code Officer Lewis indicated the City recommended certifying the fine of $75 per day in Case #06-2314. 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 20, 2006 Case #06-2314 Alice W. Hollis 327 N.E. 11th Avenue Motion Based on the testimony and evidence presented in Case #06-2314, First Vice Chair Yerzy moved that this board find that the Respondent, Alice W. Hollis, has not complied with this board's Order dated November 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 $75 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that passed 6-0. Sr. Code Officer Lewis indicated the City recommended certifying the fine of $150 per day in Case #06-2136. Case #06-2136 Sonia Allen &. Dawn Pelosi 2581 S.W. 10th Court Motion Based on the testimony and evidence presented in Case #06-2136, Ms. Carroll moved that this board find that the Respondents, Sonia Allen & Dawn Pelosi, have not complied with this board's Order dated October 18, 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 $150 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. First Vice Chair Yerzy seconded the motion that passed 6-0. Sr. Code Officer Lewis announced Case #06-2225 had complied and the City recommended "No Fine. " Case #06-2225 Robert &. Barbara Garrison 2666 S.W. 23rd Cranbrook Dr. Motion Based on the testimony and evidence presented in Case #06-2225, Ms. Simshauser moved that this board find that the Respondents, Robert & Barbara Garrison, were in violation of the City of Boynton Beach Code Sections as cited, subsequent to the date of compliance specified in this board's Order of November 21, 2006, and in consideration of the gravity of the violation, the actions taken by the Respondents to remedy the violation, and previous violations of the Respondents, that this board impose and certify "No Fine." First Vice Chair Yerzy seconded the motion that passed 6-0. Sr. Code Officer Lewis indicated the City recommended "No Fine" in Case #06-2318. Case #06-2318 Vernon Thompson, Jr. 208 N.E. 10th Avenue Motion Based on the testimony and evidence presented in Case #06-2318, First Vice Chair Yerzy moved that this board find that the Respondent, Vernon Thompson, Jr., was in violation of the City of Boynton Beach Code Sections as cited, subsequent to the date of compliance specified in 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 20, 2006 this board's Order of November 21, 2006, and in consideration of the gravity of the violation, the actions taken by the Respondent to remedy the violation, and previous violations of the Respondent, that this board impose and certify "No Fine." Ms. Simshauser seconded the motion that passed 6-0. Sr. Code Officer Lewis indicated the City recommended ''No Rne" in Case #06-2536 and Case #06-2538. Case #06-2536 Jeannie L. Nixon 543 N.W. 11th Avenue Motion Based on the testimony and evidence presented in Case #06-2536, Ms. Carroll moved that this board find that the Respondent, Jeannie L. Nixon, was in violation of the City of Boynton Beach Code Sections as cited, subsequent to the date of compliance specified in this board's Order of November 21, 2006, and in consideration of the gravity of the violation, the actions taken by the Respondent to remedy the violation, and previous violations of the Respondent, that this board impose and certify "No Fine." First Vice Chair Yerzy seconded the motion that passed 6-0. Case #06-2538 Thelmar &. Jessie M. Patterson 532 N.W. 11th Avenue Motion Based on the testimony and evidence presented in Case #06-2538, Ms. Carroll moved that this board find that the Respondents, Thelmar & Jessie M. Patterson, were in violation of the City of Boynton Beach Code Sections as cited, subsequent to the date of compliance specified in this board's Order of November 21, 2006, and in consideration of the gravity of the violation, the actions taken by the Respondents to remedy the violation, and previous violations of the Respondents, that this board impose and certify "No Fine." First Vice Chair Yerzy seconded the motion that passed 6-0. Sr. Code Officer Lewis indicated the City recommended tabling Case #06-1976 and Case #06- 2396 to January 17, 2007. Case #06-1976 Inona Pierre 190 S.E. 27th Street Motion Ms. Carroll moved to table Case #06-1976 until the Code Compliance Board meeting of January 17, 2007. First Vice Chair Yerzy seconded the motion that passed 6-0. Case #06-2396 James Wright 510 N.W. 11th Avenue Motion Ms. Carroll moved to table Case #06-2396 until the Code Compliance Board meeting of January 17, 2007. First Vice Chair Yerzy seconded the motion that passed 6-0. Sr. Code Officer Lewis stated the City recommended tabling Case #06-1839, Case #06-1037, and Case #06-731 to February 21, 2007. 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida Case #06-1839 Chackman Hotels, Inc. December 20, 2006 706 W. Boynton Beach Boulevard Motion Ms. Carroll moved to table Case #06-1839 until February 21, 2007. Ms. Simshauser seconded the motion that passed 6-0. Case #06-1037 Michel &. Jodi C. Raffoul 151 N.E. 26th Avenue Motion Ms. Carroll moved to table Case #06-1037 until February 21, 2007. Ms. Simshauser seconded the motion that passed 6-0. Case #06-731 Jeanne G. &. Ka Hock Go 3452 W. Boynton Beach Boulevard Motion Ms. Carroll moved to table Case #06-731 until February 21, 2007. Ms. Simshauser seconded the motion that passed 6-0. VIII. Discussion A. Ordinance #06-085, Voting by Board Members Attorney Tolces advised the members had been furnished a copy of an ordinance dealing with potential conflicts and voting by board members, and offered to answer questions on the ordinance at any time. IX. Adjournment Motion First Vice Chair Yerzy moved to adjourn the meeting at 9:55 p.m., seconded by Ms. Cook, and carried 6-0. Respectfully submitted, ~4/~1 Susan Collins Recording Secretary (12/21/06) 26