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Minutes 01-17-07 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, JANUARY 17,2007 AT 7:00 P.M. CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Richard Yerzy, 1st Vice Chair Kathy Cook Robert Foot George Moyer, Alternate Scott Blasie, Code Compliance Administrator David Tolces, Assistant City Attorney Code Officers: Lisa Simshauser, 2nd Vice Chair Kathleen Carroll Jack Lamb Mike Melillo Willie Webb Courtney Cain Pete Roy Luney Guillaume Skip Lewis Peter McCray Vestiguerne Pierre Peter McCray ABSENT: I. Call to Order Chair Costantino called the meeting to order at 7:00 p.m. II. Approval of Minutes Motion Mr. Foot moved to approve the December 20, 2006 minutes as presented. First Vice Chair Yerzy seconded the motion that unanimously passed. III. Approval of Agenda Code Officer Webb requested Case #03-692 be tabled to July 18, 2007. Motion Ms. Cook moved to table Case # 03-692 to July 18, 2007. First Vice Chair Yerzy seconded the motion that unanimously carried. Case # 06-2472, Case # 06-2996, Case # 06-3008, and Case # 06-3152 were removed, Case # 06-3007 and Case # 06-3097 complied, and Case # 06-2672 was closed. Meeting Minutes Code Compliance Board Boynton Beach, FL January 17, 2007 Motion Mr. Foot moved approval of the agenda as amended. Ms. Cook seconded the motion that unanimously passed. IV. Swearing in of Witnesses and Introduction Board Attorney David Tolces explained the hearing procedures and administered the oath to all persons who would be testifying. Code Officer Webb called the roll and determined who was present. V. New Business A. Cases to be Heard (Tabled) B. Cases to be Heard (New) Property Address: Violation(s): Anthony R. and Judy A. Maxwell American Trim 8&. Design 2950 NW Commerce Park Dr. F-9 13-16 B.B.C. of Ord. BBA FBC '5 105.1.1. Occupational License Required Permit Application Required Case #06-2589 Peter McCray, Code and Licensing Inspector, presented the case and commented the property is a commercial property. The initial inspection date was March 17, 2006 and was red tagged. Proof of service was sent via certified mail on December 13, 2006 and the green card was signed and dated December 16, 2006. The Respondent was informed they needed permits. Anthony Maxwell, 124 Neptune Drive, Hypoluxo was present and pled no contest. Mr. Bosco, 5789 Strawberry Lake Circle, Lake Worth was present and pled no contest. Officer McCray advised Mr. Bosco applied for the permit, which was issued on January 9, 2007. The final inspection was scheduled for January 18, 2007. He noted until the final inspection occurred, the property remained in noncompliance. When the inspection was completed and passed, the occupational license could then be issued. Motion Mr. Moyer moved that Case # 06-2589 be tabled until the Code Compliance Board Meeting to be held on January 25, 2007. Mr. Foot seconded the motion that unanimously passed. 2 Meeting Minutes Code Compliance Board Boynton Beach, FL January 17, 2007 The applicant asked if they passed inspection, would they be required to be present at the meeting on January 25, 2007. Attorney Tolces advised the case would be dismissed and the meeting was at 3:00 p.m. if they wanted to attend. Property Address: Violation( s): Boynton Flex LLC Disaster America of Florida 3479 High Ridge Road BBA FBC '04105.1.1. CH 13-16 B.B.C. of Ord. Permit Required Occupational License Required Case #06-2782 Officer McCray presented the request that had an initial inspection on September 22, 2006. They found a remodel of the mezzanine without a permit and inspection. The Respondents were informed they needed the permit and an inspection. The property was red tagged. Thirty days was given to comply. Proof of Service was by certified mail on December 13, 2006 and the green card was signed on December 18, 2006. The Respondents were present. Norman Reed, Disaster America 345 E. Palm Drive, Florida City pled no contest. Officer McCray advised the Respondent applied for a permit, which was in plan check and had not been issued at this time. The Building Department was waiting for additional comments. Mr. Rubin, Boynton Flex, 2634 NW 49th Street, Boca Raton was present and pled no contest. Motion Based on the testimony and evidence presented in Case #06-2782, Mr. Foot moved that this board find that Boynton Flex, LLC and Disaster America of Florida 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 16, 2007. The board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day per day for each day the violations continue past February 16, 2007 plus administrative Costs shall be imposed on each of the Respondents. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that unanimously passed. Mr. Reed explained he was trying for two months to get the permit and the matter was out of his hands. The engineer came to the City, but an inspector was not available and he was told the mechanical inspector was swamped. He asked if he could have more than 30 days. 3 Meeting Minutes Code Compliance Board Boynton Beach, FL January 17, 2007 Chair Costantino explained if the matter does not come into compliance in the 30 days, they should come back to the board and apprise the board of the status. They can table or extend the matter at that time. Case #06-2815 Heffernan Properties Inc. Erin Electrical Enterprises 1720 Corporate Drive FBC '01 ED BBA 104.1.1 CH 13-16 B.B.C. of Ord. Occupational License Required Permit Required Property Address: Violation(s): Officer McCray advised he conducted a routine inspection on May 25, 2005 and found Building Code Violations. He informed the applicant of the violations and advised they needed a permit for work done. The Respondents since obtained permits, however there was one outstanding. The initial notice was a red tag. The Respondent had 30 days to comply. Notice was sent by certified mail on December 13, 2006 and the green card was signed on December 18, 2006. Officer McCray reported the applicant had advised they were in the process of obtaining a contractor for the final violation. The violation is over a year old. Mr. Foot questioned some of the dates in the narrative. Officer McCray indicated the Respondent had been working with him; however, somewhere along the way, the one violation remained. Officer McCray showed leniency before bringing it to the board. Thomas Heffernan, 7120 Francisco Ben Drive, Delray Beach was present. He confirmed he was the owner and tenant and pled guilty. He explained they were unaware they needed a permit to install a pallet rack. He explained he found a contractor willing to do the work and needed an additional 30 days. He announced if they cannot complete it within the thirty days, they would remove it. Motion Based on the testimony and evidence presented in Case #06-2815, First Vice Chair Yerzy moved that this board find that Heffernan Properties, Inc. and Erin Electrical Enterprises 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 16, 2007. The board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past February 16, 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. Cook seconded the motion that unanimously passed. 4 Meeting Minutes Code Compliance Board Boynton Beach, FL January 17, 2007 Case #06-2887 Kenneth and Alice Snow Suncoast Stone, Inc. 421 NE 7th Avenue 13-16 B.B.C. or Ord. BBA '04 ED FBC 105.1.1 Occupational License Required Permit Required for remodel and final inspection needed Property Address: Violation( s): Officer McCray reviewed the case and advised the property was a commercial property. Notice was sent certified mail December 13, 2006 and the green card signed December 16, 2006. On May 26, 2006, there was a building remodel. Officer McCray called the building inspector who issued the red tag. The owner applied for a permit on August 25, 2006. The permit application is still in review. On November 7, 2006 Officer McCray visited the site and noticed the owner was conducting business without an occupational license. A notice to correct was issued, to have the permit finalized. The owners are still conducting business without a license. Officer McCray indicated the activity should cease and desist as soon as possible. In addition, since the building has not been completed and a remodeling is taking place, another violation exists. The board discussed using a Cease and Desist Order. Scott Blasie, Code Compliance Administrator explained a Cease and Desist Order is for issues that are intermittent. He thought Officer McCray's contention was to allow a minimal amount of time and a large fine. Motion Based on testimony and evidence presented in Case #06-2887, Ms. Cook moved that this board find that Kenneth and Alice SnowjSuncoast Stone, Inc. are in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violation on or before January 27, 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 $150 per day for each additional day the violation continues past January 27, 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 unanimously passed. Mr. Foot clarified for the benefit of the newer board member, 10 days would allow for proper notice to be given to the Respondents to come into compliance. Case #06-2943 Property Address: Violation( s): National Land Company, Inc. 12807 Lake Drive 10-2 B.B.C. or Ord. 10-3B.B.C. or Ord. CH1S-Art.IX-1S-120 (D). 1.A PT3-LDR. CH 2. Sec. 5. B. 1 Remove outside storage. 5 Meeting Minutes Code Compliance Board Boynton Beach, FL January 17, 2007 Remove unlicensed/inoperable vehicle Remove boats, trailers and containers Remove trash and debris from the property Code Officer Luney Guillaume presented the case and advised it was commercial property. The initial inspection was November 20, 2006. Written notice was sent by certified mail on December 13, 2006. The green card was signed December 14, 2006 and 20 days was given to comply. Brian Witt, 12807 Lake Drive Extension, Delray Beach was present and pled no contest. He asked for 120 days to bring the property into compliance and reported there was a lot of material that needed to be cleaned out. Officer Guillaume was comfortable with the granting of 120 days and he had photos, which he showed to the board. Mr. Foot thought 120 was very loose. Mr. Witt explained the vehicles were in the back of the property and there were some tenants who junked it up badly. They have been unable to find some of the tenants, and the vehicles would be towed away. They have already removed about 10 loads of debris out. National Land Company owns the property. One of the tenants stored a large amount of lumber and logs on the site. The tenant builds tiki huts. The tenant found another location to store the lumber. They do not know who owned the cars. He explained containers were stored on most of their sites. There were five containers onsite they use to store construction materials and they would be removed. The site was visible from I-95. Motion Based on testimony and evidence presented in Case #06-2943, First Vice Chair Yerzy moved that this board find that National Land Company, Inc. is in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violation on or before May 17, 2007. 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 $150 per day for each additional day the violations continue past May 17, 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 4-1 (Mr. Foot dissenting). Case #06-2420 Property Address: Violation( s): Jean Tolan 711 Ocean Inlet Dr. CH lS-ART.IX-1S-120(D).Inc. Appearance/Maintenance, Mow and Deweed 6 Meeting Minutes Code Compliance Board Boynton Beach, FL January 17, 2007 Code Officer Lewis reviewed the case and indicated the initial inspection was September 28, 2006. Proof of service was by certified mail and the green card was signed on December 12, 2006. The Respondent was present. Ms. Jean Tolan, 711 Ocean Inlet Drive was present and pled no contest. She explained after Hurricane Wilma, City employees came to her and said they had grant money and the damage to the property would be repaired. She did not the sign release, but someone else did, and when she read the fine print, it relieved the City of damages to the property. If she had known that, she would not have allowed City employees on the property. Ms. Tolan explained they brought in heavy equipment and tore up the driveway, sod and bushes in order to remove two trees. She had been waiting for about nine months for the City to come back and fix the yard. She then received the notice of violation. First Vice Chair Yerzy asked whether they had received any notification from the City about when they would return to fix the yard. Ms. Tolan responded the City informed her they did not expect to do it; it was a verbal agreement and was non-binding. She explained she had been working very hard to improve the property. She had photos which she showed to the board and pointed out the section in the center needs sod and the driveway was still an issue. Money was an issue. Her husband broke his back and she was the sole source of income. The original driveway was asphalt. Officer Lewis questioned the City tore up all the asphalt and the circular driveway up to the front door. Ms. Tolan responded up to 10 feet beyond the middle section of the driveway to the front door. Ms. Tolan reported the City left the asphalt torn up and they hired people to remove the asphalt. Officer Lewis pointed out the City only enters the right-of-way. Ms. Tolan advised they went into the yard. Officer Lewis clarified she needed to get this information in writing, which she did. She added the neighbors had been very patient and understanding. At the moment money was the biggest issue. Officer Lewis explained when a new driveway is installed a permit is needed. She had photos she distributed. Officer Lewis advised he took the photos today, and there was no asphalt. Ms. Tolan confirmed that was correct. There was a temporary pad. Officer Lewis explained by Code she would need a permitted driveway and sod in the front yard. Ms. Tolan was not certain what materials could be used for the driveway. It was noted concrete, asphalt, and pavers are allowed, however rocks are not allowed. Ms. Tolan advised she would accept responsibility for the issue. She announced she would install a new driveway, but she needed a time extension. Officer Lewis advised he did extend it quite a few months, but he had not heard from her, hence the reason to bring it before the board. Ms. Tolan advised she needed at least 120 days. Officer Lewis commented the main thing was the driveway and sod. This case arose from a complaint about weeds on another home, not hers. Sodding the front yard, getting the permits and installing the driveway was what remained outstanding. 7 Meeting Minutes Code Compliance Board Boynton Beach, FL January 17, 2007 Motion Based on testimony and evidence presented in Case #06-2420, First Vice Chair Yerzy moved that this board find that Jean Tolan was in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violation on or before May 17, 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 additional day the violations continue past May 17, 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. Case #06-1441 Property Address: Violation( s): Randolph and Martha Williams 2810 SE 5th Circle BBA FBC '05105.1.1. Obtain permit for the room addition in rear. Code Officer Pierre presented the case and reviewed the initial inspection occurred on June 7, 2006. Notice of Violation was sent via certified mail. Randolph Williams, 2810 SE 5th Circle, was present and pled no contest. He further clarified the screen porch was blown away. He fixed it and reinforced it with an enclosure. He did not enlarge the enclosure and the measurements were the same. He did it for safety reasons and did not know he needed a permit. When he learned he needed a permit, he applied for one. He retained a certified architect to review the plans to expand from the existing screened in area and have it meet code requirements. He explained in addition to City requirements, he also deals with homeowner association regulations. Planning and zoning is a fuzzy area because they do not have an updated plan. The HOA rules were for setback and encroachments on other properties and so long as they were in compliance, the City's position was to allow the request. Mr. Williams reported since September, the Planning and Zoning Department was waiting for the HOA to approve the plan, and the HOA was waiting for the City to approve the plans. The HOA President and HOA Engineer all went with him to meet with the Director of Planning and Zoning and others involved in the process. It was generally agreed since it was minor and only took the vote of the HOA to permit him to do what he did there were no objections. Mr. Williams announced they were supposed to hold a meeting to consider the issue. He asked for 90 days because he thought it would take the HOA another 30 days to decide, then Planning and Development and Building could review it. 8 Meeting Minutes Code Compliance Board Boynton Beach, FL January 17, 2007 Officer Pierre had photographs he showed to the board. Mr. Williams reinforced the existing framing with 2 x 4's and 3/4 inch plywood, and then put in hurricane proof windows for light. Chair Costantino asked if he was unable to move any further would he be willing to remove the structure. Mr. Williams responded there were dwellings with the same facilities remaining and that matter would probably result in litigation. Ms. Cook noted for the record the photos show it was not just a screen enclosure that he tried to reinforce, it was now a solid room. Without the photos it was misleading. The setback issues were because the neighbor's fence was within a few feet of the enclosure. Ms. Cook commented if at the end of 90 days, it was not allowed, the structure had to be removed. Mr. Williams advised if his enclosure was not approved in 90 days, it would be in court and he would get an order prohibiting tearing the structure down. He stressed, if he had to tear it down, then everyone else had to take theirs down. Chair Costantino explained each case would have to come before the board individually. Motion Based on testimony and evidence presented in Case #06-1441, Ms. Cook moved that this board find that Randolph and Martha Williams are in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondents correct the violation on or before April 17, 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 additional day the violation continues past April 17, 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. Mr. Foot seconded the motion that unanimously passed. Case #06-2849 Property Address: Violation( s): Gewinner W. Garrison 2505 NE 4th Street CH lS-ART.IX-1S-120 (D).Inc. Deweed and sod front yard. Officer Pierre presented the case and reviewed the violation address and code violations. A representative of the Respondent was present. Dawn Conto, 2505 NE 4th Street, was present and explained she was just a friend. Mr. Garrison was in Atlanta and he gave permission for her to speak on his behalf. She was sworn in and pled not guilty and then pled no contest. Ms. Conto explained she needed 30 days. She obtained quotes for weeding and sodding the lawn. She asked if she could plant instead of sod. Chair Costantino explained if she attempted to plant, it would be very unpredictable. Mr. Foot asked if there was an irrigation system and Ms. Conto responded the irrigation system had no pump and that the sprinkler 9 Meeting Minutes Code Compliance Board Boynton Beach, FL January 17, 2007 heads were in the ground. Ms. Conto asked for some guidance on where to go for sod. Attorney Tolces advised the board could not make any recommendations about how to come into compliance and suggested she refer to friends, neighbors and the phone book. The sprinkler system should be installed first. Chair Costantino advised making sure she obtained a permit for any pump or installations and contractors should know about the requirement. Motion Based on testimony and evidence presented in Case #06-2849, First Vice Chair Yerzy moved that this board find that Gewinner Garrison, II, is in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violation on or before February 16, 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 additional day the violation continues past February 16, 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 5-0. Case #06-2453 Property Address: Violation(s): Mary L. Law 625 S. Federal Highway CH lS-ART.IX.-1S-120.(E)2B. Replace or repair any roofing materials that are missing or loose. Code Officer Webb reviewed the case and reported the property was a non-homestead commercial property. The initial inspection took place on October 20, 2006 as a result of a citizen complaint. Written notice was provided and 30 days was given for compliance. Certified mail was sent on December 11, 2006 with no response on the green card and the notice was posted on the property on January 4, 2007. Officer Webb noted the Respondent was present. Mary L. Law, 625 S. Federal Highway inquired what the consequences were if she pled not guilty. Chair Costantino responded the board would decide. Officer Webb reported the case resulted from a citizen complaint. He explained Federal Highway was a hot issue and the roof had shingles missing and looked bad. He reported Ms. Law received a Facade Grant from the Community Redevelopment Agency (CRA); however, the CRA advised the grant funds were for landscaping and other things and not for the roof. It was an eyesore for the City. Ms. Law asked what brought Officer Webb onto the property to look at her roof, and not look at other properties in the area. Officer Webb explained to her, the case being heard came in as a citizen complaint and if she wanted information about it, she needed to go through the proper channels. 10 Meeting Minutes Code Compliance Board Boynton Beach, FL January 17, 2007 Ms. Law asked if her roof was in violation of the Florida Building Code, whether it was dangerous or if it just did not look good. Officer Webb responded it was in violation of Chapter 15, sec 15-1.19.INusiance". He read the definition of Nuisance as "any conditions, use of property or exterior building which was detrimental to the property of others which causes or tends to cause a substantial deterioration in value of subject property or other properties in the neighborhood in the area where the property is located. Chapter 15 City of Boynton Beach Code of Ordinance reads that: (E) Exterior Building Construction reads, Building Exterior Maintenance, for the exterior of any building structure, a nuisance is declared to exist if the property owner or tenant of real property permits the exterior of a dwelling to deteriorate to the point where, Section (B), twenty percent or more of a roofing surface material, such as shingles, tiles or any other roofing material are lose or missing". Officer Webb advised was she was cited for not repairing the loose or missing tiles. Ms. Law distributed a copy of a letter, which is attached to the meeting backup. She advised she did not re-roofing her office building or not was a code enforcement matter. She advised at the moment, the building had two roofs and maybe a third on it. She reported the first roof was all there and did not have shingles missing and the second roof had shingles missing. She did not think there was anything wrong with the roof according to the Florida Building Code. She felt it was discrimination and she announced she was tired of Code Enforcement. She distributed photos to the board members. Attorney Tolces advised the board would only consider the violations before it. Ms. Law announced her office was safe, but not pretty. She indicated there were other buildings missing tiles and substantial roofing materials. She pointed out the Utilities building and Senior Building had shingles missing. Ms. Cook explained to Ms. Law she was missing the point. The case being heard was her the violation on building and no other buildings. The board would deliberate and consider the pictures. In her opinion, it looked like 80% of the shingles were missing from the roof and there was still blue tarp showing. Ms. Law advised she made a mistake when she had the Army Corp of Engineers put a tarp on it. The matter got "messed up" when a roofer went up and tore it up when giving her an estimate. Ms. Cook noted it was not attractive to the people in other areas and was detrimental to other properties. Ms. Cook explained all they could do was look at the information that pertained to her property only. Ms. Law complained that Code Enforcement was hard to get in touch with and she did not think they should be involved with whether she needed a roof right now. Mr. Foot protested continuing the discussion. He advised Ms. Law had the opportunity to speak with the supervisor of the department, the Chief of Police, the City Manager or City Commission. 11 Meeting Minutes Code Compliance Board Boynton Beach, FL January 17, 2007 Chair Costantino announced, for the record she and Ms. Law knew each other socially. She asked Ms. Law why she was obtaining an estimate for the roof. Ms. Law responded she was considering replacing the roof. The meeting, she announced, was just harassment. She had to drive four hours from Daytona to state her position. Mr. Moyer disputed Ms. Laws comments and pointed out proper notice had been provided ' Ms. Cook explained the purpose of the hearing was to determine guilt or no guilt. Chair Costantino asked Ms. Law if she were found guilty, how long she needed to correct the violation. Ms. Law advised she was hoping to get the roof done this month or in February, and needed 60-90 days. She further announced she had spoken with Commissioner Rodriguez and he wanted the area cleaned up. Motion Based on testimony and evidence presented in Case #06-2453, Ms. Cook moved that this board find that Mary L. Law is in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violation on or before March 18, 2007. 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 $150 per day for each additional day the violation continues past March 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. Mr. Foot seconded the motion that passed 5-0. Case #06-3048 Property Address: Violation( s): DSS Properties, LLC 728 Casa Loma Blvd. CH 15 Sec. 8.5 B.B.C. of Ord. Two Georges documented violations of the Excessive Noise emanating from the restaurant Officer Webb reviewed the case and reported it was a commercial establishment owned by DSS Properties. The case was a city referral resulting from an initial inspection occurring on December 5, 2006. Officer Webb cited the decibel levels should not be audible beyond 100 feet from the restaurant property line after 10 p.m. He advised on October 1, 2006, test results revealed decibel levels needed to be reduced. A second test result also indicated the same. Code Compliance Administrator Blasie advised the issues were the music being audible 100 feet beyond the property line after 10 p.m. on the weekdays. Steve Skaggs, 728 Casa Loma Boulevard pled no contest. Administrator Blasie distributed copies of three exhibits documented by the Boynton Beach Police Department, who responded to the complaints. The dates of the offenses were 12 Meeting Minutes Code Compliance Board Boynton Beach, FL January 17, 2007 October 16, 2006, November 24, 2006 and December 29, 2006. It was pointed out the exhibits noted the complaints occurred on a Friday's and a Monday. Administrator Blasie informed the board he spoke with Mr. Skaggs prior to the meeting and Mr. Skaggs had taken steps, in terms of turning speakers around and trying to reposition the activity in his establishment, to reduce the noise level. The Code office only had an issue with the after 10 p.m. hours. He thought the Respondent would want to make some adjustments on his own, and as long as it was reasonable, the City had no objection to accommodating the request. Administrator Blasie indicated they would look for a Cease and Desist Order. Mr. Foot commented in reference to the November 24, 2006 incident, the Code had been interpreted to mean music could continue to midnight on Friday and Saturday nights. Consequently, there would not be a violation on November 24, 2006. Administrator Blasie indicated the Code defined weekdays as Monday through Friday. He would double check the issue, but he indicated that was how the Code read whether it made sense or not. Mr. Foot advised he had discussed the issue with the City Attorney Attorney Tolces read from the amended Noise Ordinance, which defined weekdays as Monday through Friday. Administrator Blasie commented that section may be changed, but until it was, the board needed to adhere to the present requirements. Mr. Foot thought proceeding with a Cease and Desist Order based on only the one night would be more appropriate. He questioned the other two dates and did not think the board should be basing the Cease and Desist Order on the other two nights. Chair Costantino responded the board had to abide by what was written in the Code and it was not the board's right to pick and choose what portion they would enforce. Ms. Cook noted the Cease and Desist Order had no bearing on the three incidents mentioned. The order was for the future. Administrator Blasie advised at this point, there was no fine involved. However, if the Cease and Desist Order would be broken, then a fine was imposed. Mr. Skaggs informed the board he had spoken with Administrator Blasie about the matter. He advised they stopped the karaoke at 9:55 p.m. and had been working with the neighbors to resolve the problem. Mr. Skaggs requested allowing 15 days in order for him to continue to put everything in order. Motion Based on testimony and evidence presented in Case #06-3048, Ms. Cook moved that a Cease and Desist Order be issued giving DSS Properties, LLC until February 1, 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 amount of $150 13 Meeting Minutes Code Compliance Board Boynton Beach, FL January 17, 2007 per reoccurrence of the violation thereafter shall be imposed upon the Respondent. First Vice Chair Yerzy seconded the motion that passed 5-0. Case #06-1915 Antoine Celestin 8r. Christine Joseph 432 NE 22nd Ave. Code Officer Lewis reviewed the case and advised the notice of violation was July 24, 2006, and no one appeared at the hearing date on September 20, 2006. The compliance date and fine set by the board was October 5, 2006 or $50 per day. Code Officer Lewis reviewed the violation still existed. The Respondents were present last month and the case was tabled to this month. The Respondents were present and asked for the matter to be tabled again for 60 days. The City was recommending 60 days be given to come into compliance. Antoine Celestin and his wife, 432 NE 22nd Avenue were present. Ms. Celestin advised she obtained permits for the windows and was waiting for the commencement. She retained an architect to go over the plans and provide an estimate. Code Officer Lewis advised the permit is not picked up for the windows and was still in plans review. They did not have drawings in yet, but the City was willing to give 60 days. Motion Ms. Cook moved that Case #06-1915 be tabled until the Code Compliance Board Meeting to be held on March 17, 2007. Mr. Foot seconded the motion. Vote Ms. Cook amended her motion to March 21, 2007. First Vice Chair Yerzy seconded the amendment and the motion unanimously passed. Case #06-1976 Iona Pierre 190 SE 27th Place Code Officer Pierre reviewed the case and advised the correct address was 190 SE 27th Place and not Street. He reported the notice of violation was issued on July 27, 2006 and hearing date was October 18, 2006. The compliance date and fine set by the board was November 17, 2006 or $50 per day. There was 60 days of noncompliance. The Respondent was present. For the record, Officer Pierre announced he and the Respondent were not related. Kuljon Pierre, 2412 Westmont Drive was present and explained no one appeared at the hearing because they did not know about it. The property appraiser did not have the correct address and they live in Royal Palm Beach. When the letter was sent, the tenant did not advise them. Mr. Pierre reported they updated their address with the Property Appraisers office and were working to correct the situation. Mr. Pierre went to the City to file for the Occupational License and he was advised he needed the okay from Officer Pierre before they can issue the one. The property was still occupied. The yard had been weeded and the vehicles were removed. Officer Pierre had photos for the board. The Respondent further advised the mold was removed and the screen was fixed. 14 Meeting Minutes Code Compliance Board Boynton Beach, FL January 17, 2007 Officer Pierre distributed photos to the board and advised the issues that remained were landscaping and windows. He explained some of the work was done, and trash needed to be removed. The mold and leaks were fixed. The fines would remain running. The Respondent reported there was a landscaper coming over the weekend and the window just needed a replacement piece of glass. Motion Mr. Foot moved that Case #06-1976 be tabled until the Code Compliance Board Meeting to be held on February 21, 2007. First Vice Chair Yerzy seconded the motion that unanimously passed. Case #06-1890 Harold J. Chastain, Tr North Lake Foods, Inc. 700 W. Boynton Beach Blvd. Code Officer Cain reviewed the case and advised the City was recommending the case be tabled for 30 days. The Respondent was present to answer questions. Chair Costantino asked the Respondent why he had not appeared earlier. Mark Reinoehl, 5602 30th Court East, Bradenton Florida announced he was the head of the construction department for North Lake Foods. He explained the reason no one appeared was the electrician could not attend so they contracted with Westworth Electric. He had the cancelled check and contract with the date of November 13, 2006 on it, but the City kicked back the permit for three or four reasons over the past month and one half. He was told the permit was ready. Motion Mr. Foot moved that Case #06-1890 be tabled until the Code Compliance Board Meeting to be held on February 21, 2007. Ms. Cook seconded the motion that unanimously passed. Case #06-2510 Renan &. Iva Laurore 504 NW 12th Avenue Code Officer Melillo presented the case for Officer Pete Roy. The Notice of Violation was October 5, 2006. The hearing date was November 15, 2006 and no one appeared. The compliance date and fine set by the board was December 15, 2006 or $150 per day Renan Laurore, 4588 SW 129th Avenue in Miramar was present. ( Ms. Cook left the dais at 8:53 p.m.) Mr. Laurore reported the building is empty and was boarded up on request of the Code Compliance Board. He spoke to Officer Roy, and was told he would be given 30 days and that was why he did not show up last time. Mr. Laurore submitted an application for a permit and asked for an inspection, but the permit was voided and he was asked to 15 Meeting Minutes Code Compliance Board Boynton Beach, FL January 17, 2007 resubmit the permit again. Now, he was advised the Code had been changed and he has to go back to the architect. Officer Melillo clarified the permit Mr. Laurore was referring to was issued in November 12, 2004 in 2004, and voided because of lack of inspection and work being done. On December 18, 2006 they applied for all pertinent permits and they were pending. The Respondent explained the first permit was voided and each contractor he spoke with did not want to go to the building because the windows kept getting broken. He spoke to the Police about the matter. The respondent did not want to continue to fix the windows and have them broken the next day. He planned to fence the building and make progress on it. Chair Costantino explained the board was hearing about plumbing. The Respondent did not understand why the board was hearing about plumbing, when he thought it was windows. Officer Melillo explained when the Respondent was originally cited for plumbing. The Code changed which required the Respondent update and obtain permits for the plumbing, electrical and mechanical work. Motion Based on the testimony and evidence presented in Case #06-2510, Mr. Moyer moved that this Board find that the Respondents have not complied with this Board Order dated October 15, 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. Vote Mr. Moyer corrected his motion to reflect the Board Order date was November 15, 2006. Mr. Foot seconded the motion that passed 4-0 (Ms. Cook not present for the vote). Attorney Tolces suggested the Respondent work as quickly as possible and the board was moving to place a lien on the property. The Respondent explained he wanted to fix the house and get money out of it. He wanted to get a permit and call for inspection, but people kept breaking into the building. Chair Costantino indicated this happened in 2004 and the City had been patient. (Ms. Cook returned to the dais at 8:54 p.m.) Case #06-2509 Property Address: Violations: Ina Thomas 233 NW 6th Avenue BBA FBC '05105.1.1. BBA FBC '05 108.5 16 Meeting Minutes Code Compliance Board Boynton Beach, FL January 17, 2007 Permit required for a new roof, Work commencing prior to permit issuance Officer Melillo advised the Respondent was not present when the oath was previously administered. Attorney Tolces administered the oath to her and all persons not previously sworn in. Officer Melillo reviewed the case for Officer Roy and reported the case arose from the Building Department and was a red tag. The initial inspection was October 4, 2006 for a new roof. Written notice giving 10 days for compliance was sent certified mail on December 15, 2006 and the letter was returned. Individual service was made on December 22, 2006. Ina Thomas, 233 NW 6th Avenue, was present and pled no contest. She asked for 90 days. Officer Melillo explained she installed a new roof and had no inspection, so the permit was voided. Staff had no problem with 90 days and indicated the Respondent needed to return to the Building Department and reopen the permit. Ms. Thomas explained she retained a contractor and paid $6,000. The roof was done in April. The permit had not been picked up and the contractor had not called for an inspection. Ms. Thomas was told by the Building Department to get another contractor. She had copies of the contract, and receipts. She advised she did not have the funds to obtain another contractor and redo the roof. Ms. Cook thought there was a communication issue and suggested she go back and speak to the City. She was in favor of allowing the 90 days. Ms. Thomas indicated she went twice to Building Department. Chair Costantino was in favor of allowing 60 days and if she needs more time, she should come back and ask the board to table the issue. Motion Based on the testimony and evidence presented in Case #06-2509, Mr. Foot moved that this Board find that Ina Thomas is in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violation on or before March 21, 2007. The Board has considered the gravity of the violation(s), the actions taken by the Respondent, and any previous violation by the 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 March 21, 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 unanimously passed. 17 Meeting Minutes Code Compliance Board Boynton Beach, FL January 17, 2007 Case #06-2433 Jean P. Messeroux 2950 SE 2nd Street Code Officer Pierre reviewed the case. The notice of violation was September 28, 2006. The hearing date was November 15, 2006 and no one appeared. The compliance date and fine set by the board was December 15, 2006 or $150 per day. Officer Pierre advised only the Occupational License violation remained outstanding. Jean Paul Messeroux, 2970 SE 2nd Street, advised he would be applying for the occupational license next week. Officer Pierre noted the occupational license would be a renewal so no inspection would need to take place. Motion Mr. Foot moved Case #06-2433 be tabled until the Code Compliance Board meeting to be held on February 21, 2007. Ms. Cook seconded the motion. There was discussion to change the date to the next Lien Reduction meeting on January 25, 2007. Vote Mr. Foot amended his motion to reflect Case #06-2433 be tabled until the Code Compliance Board meeting to be held on January 25, 2007 at 3:00 p.m. Ms. Cook amended her second and the motion that unanimously passed. Case #06-2434 Jean P. Messeroux 2970 SE 2nd Street Code Officer Pierre reviewed the case and advised the notice of violation date was September 28, 2006 and the Code Compliance hearing date was November 15, 2006, no one appeared. A compliance date and fine established by the board was December 15, 2006 or $150 per day. The Respondent was present. Code Officer Pierre reported he was uncertain whether this case was a renewal. He reported on January 15, 2004, the Respondent applied and paid for the license but never had an inspection. Jean Paul Messeroux, 2970 SE 2nd Street, was present. Motion Ms. Cook moved that Case #06-2434 be tabled until the Code Compliance Board Meeting to be held on February 21, 2007. First Vice Chair Yerzy seconded the motion that unanimously passed. The board recessed at 9:18 p.m. The board reconvened at 9:26 p.m. Case #06-3030 EM Acquisition Two L TO &. Payless Shoe Source Inc. 376 N. Congress Ave. CH 2.5-12 Property Address: Violations: 18 Meeting Minutes Code Compliance Board Boynton Beach, FL January 17,2007 CH 2.5-13 Code Compliance Administrator reviewed the Respondents owe $50 for unpaid false alarm fines. Service was obtained on both parties. He requested the board grant 10 days and impose a $25 per day fine. The Respondents were not present. Motion Based on the testimony and evidence presented in Case #06-3030, Mr. Foot moved that this board find that E&A Acquisition Two L TD & Payless Shoe Source, Inc. are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violations on or before January 27, 2007. The board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25 per day for each day the violations continue past January 27, 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 that unanimously passed. Case #06-3078 Property Address: Violations: Nikki G. Hadden 409 NE 12th Avenue CH. 2.5-3 CH 2.5-7 An alarm operating permit is required in the form of a decal. Decal shall be displayed at the main entry or conspicuous place in the front of the premises. Code Compliance Administrator Blasie reviewed this was for a decal violation. He spoke with the Respondent today and he agreed to request the board grant 30 days to come into compliance. Motion Based on the testimony and evidence presented in Case #06-3078, Ms. Cook moved that this board find Nikki G. Hadden 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 16, 2007. 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 $25 per day for each day the violations continue past February 16, 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. 19 Meeting Minutes Code Compliance Board Boynton Beach, FL January 17, 2007 Case #06-1417 Property Address: Violations: Wise Investments of S. Fla Inc. 400 S. Federal Highway PT3-LDR. CH 23-ART II. O. Replace handicapped sign located on the north and south side of the building. Code Officer Luney reviewed the case and recommended 45 days be given for compliance. The Respondent was not present. Motion Based on the testimony and evidence presented in Case #06-1417, Ms. Cook moved that this board find Wise Investments of S. Fla, Inc. is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before March 3, 2007. 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 $25 per day for each day the violation continues past March 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. First Vice Chair Yerzy seconded the motion that unanimously passed. Case #06-3122 Property Address: Violations: Lee F. Brown 143 SE 27th Place CH lS-ART.IX-1S-120(D )l.Inc. Mow overgrow yard and sod dead areas Code Officer Luney reviewed the case and recommended 15 days be given for compliance. The Respondent was not present. Motion Based on the testimony and evidence presented in Case #06-3122, Ms. Cook moved that this board find Lee F. 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 1, 2007. 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 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 February 1, 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 unanimously passed. 20 Meeting Minutes Code Compliance Board Boynton Beach, FL January 17, 2007 Case #06-1065 Property Address: Violations: Luc C. Vildor 317 NE 10th Avenue 13-16 B.B.C. of Ord. CH lS-ART.IX-1S-120(D )Inc. Occupational License Required Remove unregistered/ inoperable motor vehicles, outside storage and trash. Install grass in bare spots. Code Officer Melillo presented the case and recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #06-1065, Mr. Foot moved that this board find Luc C. Vildor 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 16, 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 February 16, 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 unanimously passed. Case #06-2401 Rasheeda Abrahim Jim Soodeen 122 NE 3rd Avenue BBA FBC '05 105.1.1 CH lS-ART.IX-1S-120(D )Inc. Remove trash and outside storage. Obtain permits to remodel and replace windows Property Address: Violations: Code Officer Melillo presented the case and recommended 10 days be given for compliance. The Respondents were not present. Motion Based on the testimony and evidence presented in Case #06-2401, First Vice Chair Yerzy moved that this board find Rasheeda Abrahim and Jim Soodeen are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violations on or before January 27, 2007. The board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past January 27, 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- 21 Meeting Minutes Code Compliance Board Boynton Beach, FL January 17, 2007 inspection of the property to verify compliance with this order. Ms. Cook seconded the motion that unanimously passed. Case #06-2658 Property Address: Violations: Jorge Hernandez 501 N. Federal Highway CH lS-ART.IX-1S-120(D )l.Inc. 15-18 B.B.C. of Ord. Clean parking lot on NE 4th Ave. Mow all overgrowth. Trim or cut tree growing out into 4th Street. Code Officer Melillo presented the case and recommended 10 days be given for compliance. The Respondent was not present. Motion Based on the testimony and evidence presented in Case #06-2658, First Vice Chair Yerzy moved that this board find Jorge Hernandez 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 27, 2007. 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 $50 per day for each day the violation continues past January 27, 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. Vote First Vice Chair Yerzy amended his motion to reflect a fine of $100 per day. Ms. Cook seconded the motion that unanimously passed. Case #06-3070 Property Address: Violations: Isidora R. Johnson 608 NW 5th Street CH 15-ART.IX-1S-120(D )l.Inc. Remove all unlicensed/inoperable vehicles from rear of property. Code Officer Melillo presented the case on behalf of Officer Roy and advised the City was recommending 10 days for compliance. The Respondent was not present. Motion Based on the testimony and evidence presented in Case #06-3070, First Vice Chair Yerzy moved that this board find Isidora R. Johnson 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 27, 2007. 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 Respondents do not comply with this Order, a fine in the amount 22 Meeting Minutes Code Compliance Board Boynton Beach, FL January 17, 2007 of $50 per day for each day the violation continues past January 27, 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 unanimously passed. Case #06-2841 Property Address: Violations: Jason Hollar 2417 NE 4th Street CH lS-ART.IX-1S-120(D )Inc. Deweed yard and sod bare spots Code Officer Pierre presented the case above and advised the City was recommending 30 days be given for compliance. The Respondent was not present. Motion Based on the testimony and evidence presented in Case #06-2841, Ms. Cook moved that this board find Jason Hollar 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 16, 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 16, 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 unanimously passed. Case #06-2846 Property Address: Violations: Roger G. Krout 2609 NE 4th Court CH 15-ART.IX-1S-120(D )Inc. Sod bare spots in front yard Code Officer Pierre presented the case above and advised the City was recommending 30 days be given for compliance. The Respondent was not present. Motion Based on the testimony and evidence presented in Case #06-2846, First Vice Chair Yerzy moved that this board find Roger G. Krout 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 16, 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 16, 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 unanimously passed. 23 Meeting Minutes Code Compliance Board Boynton Beach, FL January 17, 2007 Case #06-2847 Property Address: Violations: Donald L. Smith, Jr. 2622 NE 4th Court CH lS-ART.IX-1S-120(D)Inc. Sod bare spots in front yard Code Officer Pierre presented the case above and advised the City was recommending 30 days be given for compliance. The Respondent was not present. Motion Based on the testimony and evidence presented in Case #06-2847, Mr. Foot moved that this board find Donald L. Smith, Jr. is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before February 16, 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 16, 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 unanimously passed. Case #06-2922 Property Address: Violations: Jacob Srock 305 NE 23rd Avenue BBA FBC '04 105.1.1 Obtain a permit for carport enclosure Code Officer Pierre presented the case above and advised the City was recommending 30 days be given for compliance. The Respondent was not present. Motion Based on the testimony and evidence presented in Case #06-2922, Ms. Cook moved that this board find Jacob Srock 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 16, 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 16, 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 unanimously passed. Case #06-2981 Property Address: Violations: Margaret E. Aliff 330 NE 26th Avenue 115 BBA FBC '04105.1.1 BBA to FBC '04 109.3 24 Meeting Minutes Code Compliance Board Boynton Beach, FL January 17, 2007 Contractor permit inspector required for alteration to bedroom closet walls. Obtain permit Code Officer Pierre conferred with Officer Webb and reported this case should have been removed. He requested the item be tabled to the next meeting and apologized to the board. Motion Ms. Cook moved that Case #06-2981 be tabled until the Code Compliance Board Meeting to be held on February 21, 2007. First Vice Chair Yerzy seconded the motion that unanimously carried. Case #06-3132 Property Address: Violations: Wise Investments of S. Fla Inc. 400 S. Federal Highway LDR CH 21 ART 1 SEC. 11 Advertising sign is unsafe and unlawful in its present condition. Repair or remove sign Code Officer Webb reviewed the case and recommended 45 days be given for compliance. The Respondent was not present. Motion Based on the testimony and evidence presented in Case #06-3132, Ms. Cook moved that this board find Wise Investments of S. Fla, Inc. is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before March 3, 2007. 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 $25 per day for each day the violations continue past March 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. Mr. Foot seconded the motion that unanimously passed. VI. Old Business B. Lien Penalty Certifications (New) Code Officer Webb recommended certifying Case #06-2264 for $50 per day. Case #06-2264 Cryisque Evanette 431 SW 9th Ave. Motion Based on the testimony and evidence presented in Case #06-2264, Mr. Foot moved that this board find that the Respondent has not complied with this board's Order dated December 15, 2006, and having considered the gravity of the violations, and the actions taken by the 25 Meeting Minutes Code Compliance Board Boynton Beach, FL January 17, 2007 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. Cook seconded the motion that unanimously passed. Code Officer Webb recommended certifying the following cases for $100 per day: Case #06-2408 Vinnette Williams 340 SW 10th Avenue Motion Based on the testimony and evidence presented in Case #06-2408, Mr. Foot moved that this board find that the Respondent has not complied with this board's Order dated December 15, 2006, and having considered the gravity of the violations, and the actions taken by the Respondent, that this board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Cook seconded the motion that unanimously passed. Case #06-2174 Jean Dubique 3140 E. Atlantic Dr. Motion Based on the testimony and evidence presented in Case #06-2174, Mr. Foot moved that this board find that the Respondent has not complied with this board's Order dated December 15, 2006, and having considered the gravity of the violations, and the actions taken by the Respondent, that this board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Cook seconded the motion that unanimously passed. Code Officer Webb recommended Case#06-2585 be certified at $150 per day. Case #06-2585 Rosena Estella 514 NE 2nd St. Motion Based on the testimony and evidence presented in Case #06-2585, First Vice Chair Yerzy moved that this board find that the Respondent has not complied with this board's Order dated November 30, 2006, and having considered the gravity of the violations, and the actions taken by the Respondent, 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 Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Cook seconded the motion that unanimously passed. Code Officer Webb recommended there be ''No Fine" for the following cases: 26 Meeting Minutes Code Compliance Board Boynton Beach, FL January 17, 2007 Case #06-2396 James Wright 510 NW 11th Ave. Motion Based on the testimony and evidence presented in Case #06-2396, Mr. Foot moved that this board find that the Respondent has complied with this board's order dated November 25, 2006, and having considered the gravity of the violations, and the actions taken by the Respondent, that this board impose and certify "No Fine," including administrative costs. Mr. Moyer seconded the motion that unanimously passed. Case #06-2569 Rose Picker Tr., 260 N. Congress Ave. Office Depot #71 8&. Office Depot Inc. Motion Based on the testimony and evidence presented in Case #06-2569, Mr. Foot moved that this board find that the Respondents have complied with this board's order dated December 30, 2006, and having considered the gravity of the violations, and the actions taken by the Respondents, that this board impose and certify "No Fine," including administrative costs. Mr. Moyer seconded the motion that unanimously passed. Case #06-2757 Helen B. Wright 1441 NW 1st Court Motion Based on the testimony and evidence presented in Case #06-2757, Mr. Foot moved that this board find that the Respondent has complied with this board's order dated December 30, 2006, and having considered the gravity of the violations, and the actions taken by the Respondent, that this board impose and certify "No Fine," including administrative costs. Mr. Moyer seconded the motion that unanimously passed. Case #06-2187 Bakers Dozen Inc. 1461 W. Boynton Beach Blvd. Motion Based on the testimony and evidence presented in Case #06-2187, Mr. Foot moved that this board find that the Respondent has complied with this board's order dated November 2, 2006, and having considered the gravity of the violations, and the actions taken by the Respondent, that this board impose and certify "No Fine," including administrative costs. Mr. Moyer seconded the motion that unanimously passed. Case #06-2661 445 Boynton Holdings LLC 445 N. Federal Hgwy. Motion Based on the testimony and evidence presented in Case #06-2661, Mr. Foot moved that this board find that the Respondent has complied with this board's order dated December 30, 2006, and having considered the gravity of the violations, and the actions taken by the Respondent, that this board impose and certify "No Fine," including administrative costs. Mr. Moyer seconded the motion that unanimously passed. 27 Meeting Minutes Code Compliance Board Boynton Beach, FL January 17, 2007 Case #06-2785 Russell Geneva NE 12th Avenue Motion Based on the testimony and evidence presented in Case #06-2785, Mr. Foot moved that this board find that the Respondent has complied with this board's order dated December 30, 2006, and having considered the gravity of the violations, and the actions taken by the Respondent, that this board impose and certify "No Fine," including administrative costs. Mr. Moyer seconded the motion that unanimously passed. Case #06-2516 Riverwalk Plaza Joint Venture 1620 S. Federal Hgwy Motion Based on the testimony and evidence presented in Case #06-2516, Mr. Foot moved that this board find that the Respondent has complied with this board's order dated November 25, 2006, and having considered the gravity of the violations, and the actions taken by the Respondent, that this board impose and certify "No Fine," including administrative costs. Mr. Moyer seconded the motion that unanimously passed. Case #06-2611 Jean A. and Marie L. Raymond 440 SW 6th Avenue Motion Based on the testimony and evidence presented in Case #06-2611, Mr. Foot moved that this board find that the Respondents have complied with this board's order dated November 25, 2006, and having considered the gravity of the violations, and the actions taken by the Respondents, that this board impose and certify "No Fine," including administrative costs. Mr. Moyer seconded the motion that unanimously passed. Code Officer Webb recommended tabling Case #04-731 and Case #06- 2147 to February 21, 2006. Case #04-731 Thirty-Six Hundred Holdings LLC 3629 S. Federal Hgwy. Motion Ms. Cook moved that Case #04-731 be tabled until the Code Compliance Board meeting to be held on February 21, 2007. Mr. Moyer seconded the motion that unanimously passed. Code Officer Webb recommended Case #06-2147 be tabled to February 21,2007. Case #06-2147 Bernard E. and Gloria P. Turner 300 SW 13th Avenue Motion Ms. Cook moved that Case #06-2147 be tabled until the Code Compliance Board meeting to be held on February 21, 2007. Mr. Moyer seconded the motion that unanimously passed. 28 Meeting Minutes Code Compliance Board Boynton Beach, FL January 17, 2007 Code Officer Webb recommended Case #06-754 be tabled to March 21,2007. Case #06-754 Elpagnier and Winston 2731 NE 4th St. Hudson Motion Ms. Cook moved that Case #06-754 be tabled until the Code Compliance Board meeting to be held on March 21, 2007. First Vice Chair Yerzy seconded the motion that unanimously passed. Code Officer Webb announced Case #01-3431 had paid in full. Case #01-3431 Rosie Ralph Inc. 2007 S. Federal Hgwy. Officer Webb reported the Respondent came into compliance and paid the fine. VII. Discussion Chair Costantino introduced a new Code Officer, John Herring. She and the board welcomed him. Chair Costantino announced the November regular meeting would fall on Thanksgiving Eve. She requested moving the meeting to Monday, November 19, 2007. The board had no objections to moving the meeting. Chair Costantino announced she would not be present for the Lien Reduction Meeting on Thursday. Chair Costantino announced anyone interested in receiving minutes via email should contact Diane Springer, or the City Clerk's office. VIII. Adjournment There being no further business to discuss, the meeting properly adjourned at 9:46 p.m. Respectfully submitted, /1 Ch. ~ b2 '- . !l IV t - 1A.. fl/VY}Cl1/ Catherine Che ry-Guberman Recording Secretary 011807 29