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Minutes 02-21-07 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, FEBRUARY 21, 2007 AT 7:00 P.M. CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Richard Yerzy, 1st Vice Chair Lisa Simshauser, 2nd Vice Chair Kathleen Carroll Kathy Cook Robert Foot George Moyer, Alternate Scott Blasie, Code Compliance Administrator David Tolces, Assistant City Attorney Liz Roehrick, Animal Control Supervisor ABSENT: Jack Lamb Code Officers: Mike Melillo Willie Webb Courtney Cain Pete Roy Luney Guillaume Skip Lewis Peter McCray Vestiguerne Pierre John Herring 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 table consideration of the minutes from the January 17, 2007, meeting until the March 21, 2007, meeting because he had not received a copy of the minutes. Mr. Moyer seconded the motion that unanimously passed. III. Approval of Agenda Chief Code and Rehabilitation Officer Pete Roy requested Case #05-2032 be tabled to March 21, 2007. Motion Mr. Yerzy moved to table Case #05-2032 to March 21, 2007. Ms. Simshauser seconded the motion that passed unanimously. Officer Roy requested the following cases tabled to April 16, 2007: 1 Meeting Minutes Code Compliance Board Boynton Beach, FL February 21, 2007 Case #04-2664, Case #04-2665, Case #04-2666, Case #04-2667, Case #04-2668, Case #04-2669, Case #04-2670, Case #04-2671, Case #04-2672, Case #04-2673, Case #04-2674. Motion Mr. Yerzy moved to table the above listed cases to April 16, 2007. Ms. Simshauser seconded the motion that unanimously carried. Case #06-2981, Case #06-2485, and Case #06-3105 complied. Case #07-23, Case #06-2965, Case #06-3154, and Case #07-147 have been removed. Motion Ms. Carroll moved to approve the agenda as amended. Mr. Foot seconded the motion that passed unanimously. 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. Officer Roy called the roll and determined who was present. V. New Business Case #07-72 Property Address: Violation(s): Marcia L. Weiser et al 3701 Medford Court CH4 SEe. 4-13, CH4 SEe. 4-32, CH4 SEe. 4-31 This notice is provided to you in response to numerous complaints filed with our animal control division with respect to keeping your service dog on a leash outside your home. Liz Roehrick, Animal Control Supervisor, indicated this was a single-family home that was homesteaded. This case originated from multiple citizen complaints. Courtesy notice had been given January 11, 2007. Notice to correct warning was attempted on September 26, 2006. Respondent refused to sign paperwork presented. Immediate compliance was requested. 2 Meeting Minutes Code Compliance Board Boynton Beach, FL February 21, 2007 Attorney Marcy La Hart was present on behalf of the Respondent and requested a continuance. Ms. Weiser had been out of the country from January 29th to February 15th, 2007, and had less than one week notice for this hearing. Ms. Carroll asked if the dog had been out of the country with Ms. Weiser and whether it represented a danger to the community at large. It was explained the dog is a service animal and accompanies Ms. Weiser at all times. Several witnesses had complained of aggressive behavior; properly restrained, the dog posed no threat to the community. Attorney La Hart stressed the dog is a certified service animal and a canine good citizen. Given adequate time to prepare for a hearing, Ms. Weiser would show the witnesses were biased against respondent resulting from a homeowners' association dispute. Mr. Yerzy pressed for a decision on the extension without additional testimony. Chair Costantino noted the case dated back to September, 2006, including attempts by Ms. Roehrick to issue warnings, and the case should be heard. Mr. Yerzy suggested Attorney La Hart be served by Ms. Roehrick, Animal Control Supervisor. Mr. Foot contended the January 11, 2007, Notice of Hearing, would have given the respondent time to make arrangements for representation and suggested proceeding to hear the case. Ms. Carroll inquired if the City was seeking a cease and desist order. Attorney Tolces asked for verification of the method of service and date. Ms. Roehrick responded notice had been sent via certified mail on January 11, 2007. It came back unclaimed and the property was posted on February 6th, 2007, with photographs taken. Attorney Tolces interjected a continuance might be warranted until the March meeting, or separate meeting. The citation had to be issued to Ms. Weiser, as counsel was not authorized to accept service. Chair Costantino expressed concern that a continuance would not respond to the residents' complaints regarding the animal's aggressive behavior. Ms. Roehrick confirmed there was no bite history, though the animal was often unleashed. Motion Mr. Yerzy moved Case #07-72 be continued to March 21, 2007, in accordance with the request of counsel. Ms. Simshauser seconded the motion that passed 5-2 (Chair Costantino and Ms. Carroll dissenting). Attorney Hart indicated her office would accept service. 3 Meeting Minutes Code Compliance Board Boynton Beach, FL February 21, 2007 Case #06-2487 Property Address: Violation( s): Greentree II Plaza Group, Inc.- Transcapital Lending, Inc. 3469 W. Boynton Beach Blvd., Suite 6 13-16 B.B.e. of Ord., BBA FBC '05 105.1.1 Prior to the issuance of your occupational license, a permit is required to install walls. A licensed contractor shall file application, secure permit and applicable inspections. Peter McCray, Code And Licensing Inspector, presented the case and commented the property is commercial. Initial inspection date had been October 4, 2006. Initial notice was a red notice with 30 days to comply. Notice had been sent certified mail on January 11, 2007. There was no date on the green card. Applicant had been contacted several times by phone and in person. Robert Cunningham, 4405 Gleneagles Drive, property manager for Greentree Plaza, was present and pled no contest. Mr. Cunningham had been attempting to contact the contractor, Paul Davis, since January 16, 2007. Mr. Davis had applied for a building permit in October, 2006. His application had been on hold pending receipt of an architectural plan for the dividing walls, which was submitted. A permit was issued and an inspection would be scheduled. Motion Ms. Carroll moved to table Case #06-2487 until the Code Compliance meeting on March 21, 2007. Ms. Simshauser seconded the motion that passed 5-2 (Mr. Foot and Ms. Cook dissenting). Case #06-2779 Property Address: Violation( s): Regency Prop. Ltd, Bull Dog Fence 3151 SW 14th Place, Bay 8 BBA FBC '04 105.1.1, FMC '04 SEC 302.3.2, FMC '04 SEC 502 Prior to the issuance of your occupational license, comply with the following: Obtain a permit and inspection for the installation of new electrical machines. There is no storage above the office, compressor hard wired connected without a permit, installation of an ice machine without permit, shelving near the east wall with trails on top shall be permitted and inspected. Provide proof of permitting for the installation of drywall on north wall. Section 502 of the 2004 FMC requires that an exhaust system shall be provided, maintained and operated. Provide proof of proper tenant separation form the tenant to the north of your business. Licensed contractors shall file application and secure permit and receive applicable inspection. 4 Meeting Minutes Code Compliance Board Boynton Beach, FL February 21, 2007 Inspector McCray presented the case and commented the property was commercial. Initial inspection date had been May 2, 1006. Written notice had been given to the applicant with 30 days for compliance. Notice had been sent by certified mail on January 24, 2007. Notice had been posted on the property on February 10, 2007. Applicant had been notified by phone and in person to comply. Inspector McCray recommended the board set a deadline and compliance date. Mr. Bill Hartman, owner of Bull Dog Fence, 555 West Ocean Avenue, Boynton Beach, pled not guilty. Mr. Charles Hora, representing Regency Property, Ltd., 3040 Wedgwood Blvd., Delray Beach, pled not guilty. Inspector McCray indicated no permits had been applied for since the inspection date. There were no photographs. Regarding the drywall, Mr. Hora indicated a contractor had done the drywall repair. Ms. Cook noted that since May 2006, Bull Dog Fence had been renting from Regency Property, Ltd. and conducting business without an occupancy license. Mr. Foot inquired if the dry wall repair was the same wall that needed to be thicker for tenant separation. Mr. Hora indicated the multiple use building had been constructed originally with this wall, so he did not believe additional separation was needed between tenants. Inspector McCray informed that the building had been constructed as a multiple use building, rather than "Group L" occupancy. Bull Dog Fence was manufacturing a product. A storage company occupied the building to the north of them, and minimum separation between a storage occupancy and a factory occupancy was a two-hour tenant separation wall. At the time of inspection, Inspector McCray suggested to the applicant that he provide proof that he had sufficient tenant separation to the north. The other business adjacent to Bull Dog Fence was manufacturing a product, so additional tenant separation did not come into play on that tenant. Inspector McCray provided in writing everything that would have to be done to come into compliance, including the rating of the firewall that had to be increased to meet Building Code requirements. Attorney Tolces confirmed that the property owner had responsibility for the firewall. Inspector McCray advised electrical and plumbing installations had been made without permits, though Bull Dog had been notified that permits were necessary. Mr. Hartman said he planned to get a permit for the electrical applications, but did not believe an exhaust fan was needed to cut aluminum. Inspector McCray reiterated there had been no effort to apply for a permit. 5 Meeting Minutes Code Compliance Board Boynton Beach, FL February 21, 2007 Motion Based on testimony and evidence presented in Case #06-2779, Ms. Simshauser moved that a Cease and Desist Order be issued giving Regency Property, Ltd. - Bull Dog Fence until March 3, 2007 to bring the violations of the City of Boynton Beach Code Sections as cited into compliance. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that a fine in the amount $200 per reoccurrence of the violation thereafter shall be imposed upon the Respondents. Mr. Yerzy seconded the motion that passed unanimously. Attorney Tolces confirmed to the respondents that an order had been entered against both of them for a fine of $200 per reoccurrence for each day this violation continues. Case #07-58 Property Address: Violation(s): Teams EMS LLC and Peter Friscia 1718 Corporate Drive BBA FBC '04 105.1.1 Prior to the issuance of your occupational license, comply with the following: Obtain a permit and inspection for the mezzanine remodel, new electric washer and dryer, the plumbing lines, no spray painting without an approved and permitted spray room. There shall be a 2hour fire rated separation from the adjacent business. National Paramedics, the applicant, shall consult with an architect for compliance with the Florida Building Codes 2004. Licensed contractors shall file applications, secure permits and receive applicable inspections. 30 days for compliance. Inspector McCray presented the case and commented the property is commercial. Property owner is Team EMS, LLC, and the property owner is one of the tenant businesses. Initial inspection date for National Paramedicsrream EMS was June 17, 2005. At the time of the inspection, Inspector McCray was unaware there was another business in the building. The mezzanine had been remodeled with plumbing, electrical and structural improvements. National Paramedics had been notified they needed permits for the burglar alarm and remodeling work. The burglar alarm had been permitted and the application for the remodeling permit was pending. About a year later, after the Fire Department's annual inspection, Fire Marshall Davis contacted Inspector McCray to inquire about the other business operating at 1718 Corporate Drive besides National Paramedics. Inspector McCray did an inspection and notified Mr. Friscia, the tenant, he had to apply for an occupational license. Another inspection had been done on June 23, 2006, and Inspector McCray still noted remodeling of mezzanine, new electric with washer and dryer (which has since been 6 Meeting Minutes Code Compliance Board Boynton Beach, FL February 21, 2007 removed), and a counter, none of which had been permitted. There was also a tenant separation violation because Mr. Friscia was doing reupholstering (factory occupation). After many communications with respondents, there had been no compliance. Inspector McCray gave respondents 30 days for compliance. Notice had been sent certified mail February 7, 2007 and green card had been signed February 9, 2007. The applicant had been contacted several times by phone and in person. Steve Katz, owner of Team EMS LLC, pled no contest. Peter Friscia, tenant, pled no contest. Inspector McCray wanted clarification regarding a letter received from Mr. Friscia stating he was a hobbyist reupholstering cars and was no longer conducting business from the warehouse. Mr. Katz confirmed he had been renting the back of the unit to Mr. Friscia, who was doing some light sewing and storing cars. Mr. Friscia clarified he was not running a business and his friends contributed to his rent. Attorney Tolces clarified that Mr. Friscia was receiving income for his upholstering in the City, which required an occupational license. In addition, there were two different uses operating out of the same bay, which brought in some Building Code requirements. Mr. Friscia had hired an architect and secured plans for a two-hour firewall and had tried to work it out with the owner of the building. Mr. Katz, the owner, stated it was his intention to comply. He requested 30 days. Motion Based on the testimony and evidence presented in Case #07-58, Mr. Yerzy moved that the board find Teams EMS LLC and Peter Friscia 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 March 23, 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 fail to comply with this order, a fine in the amount of $100 per day for each day the violations continue past March 23, 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 passed unanimously. 7 Meeting Minutes Code Compliance Board Boynton Beach, FL February 21, 2007 Case #06-295 Property Address: Violation( s): Ze Manuel Azevedo 708 W. Ocean Drive BBA FBC '05 105.1.1 A permit is required to install fence. Courtney Cain, Code Officer, presented the case and commented the property is a single-family dwelling with no information concerning the homestead. This originated from a citizen complaint. Initial inspection date had been February 9, 2006. Certified mail had been sent January 22, 2007 and green card had been signed on January 24, 2007. Written notice gave ten days to comply. Ze Manuel Azevedo, Boynton Beach, FL 33426, pled no contest. Officer Cain indicated Mr. Azevedo had applied for a permit in March, 2006, but never came to pick it up. The application was now null and void. The fence, for privacy purposes, was outside a screen enclosure that surrounds a pool. Mr. Azevedo indicated this was not a new fence, just repair of a fence damaged by a hurricane. When someone from the City had not come out to look at the area and no one followed up, he assumed everything was okay. Ms. Cook indicated when work was being done to the outside of your property, you needed a permit. She suggested he go to the City, follow up and get it done. He agreed and requested 30 days. Motion Based on the testimony and evidence presented in Case #06-295, Ms. Cook moved that the board find Ze Manuel Azevedo 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 23, 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 fails to comply with this order, a fine in the amount of $25 per day for each day the violations continues past March 23, 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. Yerzy seconded the motion that passed unanimously. Case #06-2709 Property Address: Violation(s): Joseph Lopez & Rosemarie Suarez 815 NW 13th Avenue CH15-ART.IX-15-120(D)1.E 10-2 B.B.e. of Ord. 8 Meeting Minutes Code Compliance Board Boynton Beach, FL February 21, 2007 Repair screen around pool area, clean pool of dank water. Officer Cain presented the case and commented the property is a single-family dwelling, homesteaded. This originated from a citizen complaint. Original inspection date had been October 24, 2006. Initial notice had been written notice with 30 days given to comply. Certified mail notice had been sent January 27, 2007. Green card had been signed on January 29, 2007. Joseph Lopez, pled no contest. He requested 60 days. Motion Based on the testimony and evidence presented in Case #06-2709, Mr. Foot moved that the board find Joseph Lopez and Rosemarie Suarez 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 April 22, 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 fail to comply with this order, a fine in the amount of $50 per day for each day the violations continues past April 22, 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. Yerzy seconded the motion that passed unanimously. Case #06-3102 Property Address: Violation( s): Monica Robinson 161 NE 1ih Court CH 15-ART. IX-15-120 (D).INC Install a driveway in yard. A permit is required. Remove the unregistered vehicle form the rear yard. Officer Cain presented the case and commented the property is a single-family dwelling with no information on the homestead exemption. This case originated from a citizen complaint. Initial inspection had been December 12, 2006. Initial notice had been written notice with 30 days given to comply. Monica Robinson pled no contest. She requested 45 days. She had the permit and needed to submit the corrections. The car had been registered. Motion Based on the testimony and evidence presented in Case #06-3102, Mr. Yerzy moved that the board find that Monica Robinson is in violation of City of Boynton Beach Code 9 Meeting Minutes Code Compliance Board Boynton Beach, FL February 21, 2007 Sections as cited, and moved to order that the Respondent corrects the violations on or before April 7, 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 fails to comply with this order, a fine in the amount of $25 per day for each day the violations continues past April 7, 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 unanimously. Case #06-3118 Property Address: Violation( s): Karl Schultz 1991 NE 1st Lane CH15-ART.IX-15-120(E)INe., 13-16 B.B.e. of ORD, BBA FBC '04 105.1.1 Remove the blue tarp from the roof and repair or replace your roof. In addition, you will need an occupational license to rent your residence. Officer Cain presented the case and commented the property is a single-family dwelling and was not homesteaded. This was a citizen complaint with an initial inspection date of December 14, 2006. Initial notice had been a written notice with 30 days given to comply. Notice sent certified mail had been January 25, 2007. Green card had been signed January 27, 2007. Karl Schultz pled no contest. He requested 45 days to comply. Motion Based on the testimony and evidence presented in Case #06-3118, Ms. Simshauser moved that the board find that Karl Schultz is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent corrects the violations on or before April 7, 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 fails to comply with this order, a fine in the amount of $50 per day for each day the violations continues past April 7, 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. Moyer seconded the motion that passed unanimously. 10 Meeting Minutes Code Compliance Board Boynton Beach, FL February 21, 2007 Case #06-2834 Property Address: Violation( s): James Tuccillo 212 SE 1st Avenue BBA FBC '05 105.1.1 Permit is required for new windows installation. Luney Guillaume, Code Compliance Inspector, presented the case and commented the property is a single-family dwelling not homesteaded. Initial inspection date had been November 3, 2006. Ten days had been given to comply. The date notice had been sent certified was February 10, 2007. Chair Costantino called a five-minute recess at 8:35 p.m. Chair Costantino reconvened the meeting at 8:40 p.m. James Tuccillo pled not guilty. Inspector Guillaume indicated windows had been installed without permits. Mr. Tucillo responded he had recently purchased the house without prior knowledge of the window problems. Unfortunately, the current owner was responsible for whatever had been previously done in violation. Motion Based on the testimony and evidence presented in Case #06-2834, Mr. Moyer moved that the board find that James Tuccillo is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent corrects the violations on or before March 23, 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 fails to comply with this order, a fine in the amount of $25 per day for each day the violations continues past March 23, 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 5-1 (Mr. Yerzy dissenting and Ms. Cook not in attendance). Chair Costantino confirmed Mr. Tuccillo had 30 days to secure a permit. Case #07-0116 Property Address: Violation( s): Victor & Damaris Oliver 619 W. Ocean Avenue BBA FBC '04 105.1.1 Remove non-permitted canopy from the property. 11 Meeting Minutes Code Compliance Board Boynton Beach, FL February 21, 2007 Skip Lewis, Senior Code Officer, presented the case and commented the property is a single-family dwelling that was homesteaded. Origin of the case had been a citizen's complaint. Initial inspection date had been January 17, 2007. Service had been obtained by posting on February 8, 2007. Certified mail had been refused. The City recommended ten days to comply. Victor Oliver pled no contest. Chair Costantino reiterated that he had ten days to get the canopy permitted or take it down. Chair Costantino noted that Ms. Cook had returned Motion Based on the testimony and evidence presented in Case #07-0116, Mr. Foot moved that the board find that Victor and Damaris Oliver 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 March 3, 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 fail to comply with this order, a fine in the amount of $25 per day for each day the violations continues past March 3, 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. Yerzy seconded the motion that passed unanimously. Case #07-429 Property Address: Violation( s): Ralph & Rosie, Inc. 2007 S. Federal Highway PT3-LDR. CH4 SEe.11, PT3-LDR. CH4 SEC 2.A.3 Cease and desist construction activity until site plan modification has been obtained from the Planning and Zoning Department Willie Webb, Senior Code Officer, presented the case and commented the property is a commercial non-homesteaded property. Case originated from a complaint from Planning and Zoning. Initial inspection had been February 9, 2007. Respondents were given a verbal and a written citation. Cease and desist order had been issued. Owner had been individually served and refused service. Property had been posted February 10, 2007. 12 Meeting Minutes Code Compliance Board Boynton Beach, FL February 21, 2007 Ralph J. DeVito, Jr., owner, did not plead because he believed he had not been served and did not understand the citation. Attorney Tolces indicated the property had been posted in conformance with the requirements of the statute. Mr. DeVita contested having been served and asserted he would not sign anything until his attorney saw it. Respondent's attorney had not returned a call to Officer Webb. Officer Webb confirmed that respondents had been issued a cease and desist order until such time as they provide the City with a modification of the original site plan to include the tiki hut built over existing parking spaces. Pictures were viewed. The case had been initiated by a call from Don Johnson, Senior Structural Plan Review Analyst, to Officer Webb's supervisor. Mr. Johnson indicated that a tiki hut being installed should not be allowed because it eliminated necessary parking spaces. The work needed to stop and modifications to the site plan were required. Mr. DeVito responded that no parking spaces had been lost, rather a covered carport had been added, and he claimed a permit was not necessary because Indians built the structures. Officer Webb indicated that the carport also needed to be included on the site plan. Chair Costantino clarified to Mr. DeVito that he did not need a permit, but needed to modify his site plan. Attorney Tolces added that the site plan previously approved by the City did not show a tiki hut or a carport. He advised that Mr. DeVito had the obligation to modify the site plan. Mr. DeVito still denied he had been served and Officer Webb showed him a photo of the posting. Attorney Tolces indicated a copy of the posting could be picked up at the City front desk. Since the structure had already been completed, it was stated that if the site plan had not been appropriately modified after 30 days, the structure would have to come down. Dave Beasley, 2385 SW 13th Terrace, asked to testify and was sworn in by Attorney Tolces. Mr. Beasley, an architectural designer, commented a minor site plan modification could be submitted to the City within 30 days, but he would not guarantee the City would review the plan within 30 days. Chair Costantino stated the board wanted to see activity from this repeat offender within a short period of time. Officer Webb reiterated that Mr. DeVito could have requested a copy of the complaint at any time and had not. Attorney Tolces confirmed 13 Meeting Minutes Code Compliance Board Boynton Beach, FL February 21, 2007 that for compliance the only requirement was an application to be submitted, which could be done in ten days. Motion Based on testimony and evidence presented in Case #07-429, Ms. Carroll moved that the board find that Ralph and Rosie's, Inc. is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent corrects 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 Respondent, and hereby orders that if the Respondent fails to comply with this order, a fine in the amount of $500 per day for each day the violations 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. Ms. Simshauser seconded the motion that passed unanimously. Attorney Tolces reminded the Respondent the violation would be in the Code Compliance office to be picked up the next morning. Case #06-1839 Property Address: Violation( s): Chackman Motels, Inc. 706 W. Boynton Beach Blvd. 10-2 B.B.e. of Ord, PT3-LDR. CH4 SEe.11, FBC CH4 SECT 401-410, PT3-LDR. CH23-ART 11.0. Trim hedges. Remove trash and debris from hedges. Repair gutters around building, parking lot, all electrical wires, poles, fixtures and lights. A permit may be required. Officer Cain presented the case. Notice of Violation date had been July 17, 2006. Hearing date had been September 20, 2006, and no one appeared. The compliance date had been set as September 30, 2006, or $250 per day fine. The violation still existed after 143 days of non-compliance. Scott Collier, 15668 62nd Place North, Loxahatchee 33470, was the general contractor hired by Mr. Chackman and appeared to speak on his behalf. Mr. Collier had been hired in September, 2006, to handle a number of open permits and issues. Officer Cain confirmed that the only item left was the parking lot maintenance. Mr. Collier indicated that the site plan had been submitted on the parking lot and asked for 60 days to comply. Mr. Foot suggested tabling for 30 days, reminding him the clock continues to run on the fine of $250 per day. Officer Cain distributed pictures. Chair Costantino reminded Mr. Collier that as soon as the job was complete, Officer Cain should be contacted for re-inspection on compliance and the fine would stop. 14 Meeting Minutes Code Compliance Board Boynton Beach, FL February 21, 2007 Motion Ms. Cook moved that Case #06-1839 be tabled until the Code Compliance Board Meeting on April 16, 2007. Mr. Foot seconded the motion that passed unanimously. Case #06-2147 Property Address: Violation( s): Bernard E. & Gloria P. Turner 300 SW 13th Avenue BBA FBC '05 105.1.1 Permit is required for your shed. Officer Guillaume presented the case. The hearing date was October 18, 2006. December 17, 2006 was set as the compliance date or a fine of $25 per day. The violation still exists after 65 days of noncompliance. Dean Hillman, the owners' son-in-law, pled no contest. He had finally received the paperwork indicating the building was rated for 120 miles per hour winds, but the code is now 140 miles per hour. Mr. Hillman indicated he would immediately contact an engineer to get the wind rating increased for the building. Ms. Cook reminded him the fine was accumulating $750 per month. Mr. Hillman responded that if the building could not be rated for over 120 miles per hour, he would take it down. Motion Ms. Simshauser moved that Case #06-2147 be tabled until March 21,2007. Mr. Foot seconded the motion that passed unanimously. Case #06-731 Property Address: Violation( s): Ka Hock & Jeanne G. Go 3452 W. Boynton Beach Blvd. CH15-ART.lX-15-120(D)lINC, PT3-LDR. CH4 SEe. 11 LDR CH 20 ART I SEC 8 F13, PT3-LDR.CH23-ART 11.0. Repair your sign and install 6" street numbers on your sign or building that are visible from the street. Repair broken windows and get rid of all trash & debris. Doors boarded up with plywood. Get a copy of your site plan and replace all trees and bushes that are missing. Re-stripe parking lot and fill any holes. Mike Melillo, Senior Code Officer, presented the case. Notice of violation had been March 22, 2006. The Code Compliance meeting had been July 19, 2006 and no one 15 Meeting Minutes Code Compliance Board Boynton Beach, FL February 21, 2007 appeared. The compliance date had been October 17, 2006 or a fine of $200 per day. The violation still existed. Ka Hock Go indicated he had done almost everything that was required with the exception of crumbling parking spaces that are located in an area not used for parking. He was building a day care in one section of the building and had applied for a permit through Planning and Zoning, which had been approved. However, his partner suddenly dropped from the project and he was waiting for a loan. The City's lien on his property had made it difficult for him to secure the loan. Attorney Tolces clarified the City had already filed suit against respondents because they were operating without an occupational license and could not get a license with existing code liens and violations. Attorney Tolces had communicated with respondents' attorney, who agreed permits were necessary, and informed him that outstanding site plan issues had to be resolved or the City would ask the Court to issue an injunction to stop respondents from operating their medical practice. If they continued operating after the court issued an order enjoining them from operating, they would be held in contempt of court. The City had held off filing an injunction and had sent a letter hoping these matters would be resolved expeditiously. Mr. Go had stated all the items had been taken care of except the paving problem, but Officer Melillo elaborated there was still no sign, just a pole sticking out of the ground. Trees and bushes were still missing and the parking lot had not been repaired. Mr. Go offered to take the sign pole down. Attorney Tolces responded this was a very serious matter and respondents had an obligation to repair the business sign with a name and address in order to keep the property in compliance with the site plan. Mr. Go reiterated he required a loan to fix the property. Ms. Cook suggested the board certify the fine. After the repairs are finished, respondents could call for re-inspection and stop the fine. Then, respondents could come in and ask for a fine reduction. Motion Based on testimony and evidence presented in Case #06-731, Mr. Moyer moved that the board find the Respondents have not complied with this Board's Order dated July 19, 2006, and having considered the gravity of the violations, the actions taken by Respondents, that this Board impose and certify a fine in the amount of $200 per day plus administrative costs, which shall continue to accrue until Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Cook seconded the motion that passed unanimously. 16 Meeting Minutes Code Compliance Board Boynton Beach, FL February 21, 2007 Attorney Tolces suggested that Mr. Go hire effective, local counsel as soon as possible. He informed Mr. Go that another lien would be recorded against his property. Case #06-2887 Property Address: Violation( s): Kenneth & Alice J. Snow and Suncoast Stone, Inc. 421 NE 7th Avenue 13-16 B.B.C. of Ord., BBA FBC '04 105.1.1 Obtain an occupational license, obtain a permit for remodeling and get a final inspection Permit #06-6075. Inspector McCray presented the case, a certification of fine. Notice of Violation date had been November 9, 2006. At the Code Compliance Board hearing on January 17, 2007, no one appeared. A compliance date had been set as January 27, 2007, and a $150 per day fine. The violation existed after 24 days with total costs of $634.12. John Snow, son of Alice J. Snow, 125 SE 3rd Avenue, Boynton Beach, advised Ms. Snow had a stroke and he was speaking on her behalf. Ms. Cook confirmed respondents were aware the tenant, Suncoast Stone, had done work on the property without a permit after being given ample time to apply. Mr. Snow said TJ. Bowles, the electrical contractor, had filed a permit application. The fine was running until a permit was obtained. Inspector McCray indicated there were questions with the application and the contractor needed to respond with modifications. The tenant, Suncoast Stone, manufactures concrete products and was working without a license. Inspector McCray suggested that Mr. Snow hire a general contractor to make sure all the Building Code requirements were met. Chair Costantino reminded Mr. Snow the fine of $150 per day was running against his mother, yet respondents were still allowing the tenant to do business without a permit or occupational license. The current fine total was $4,200. Mr. Snow responded he understood. Motion Based on testimony and evidence presented in Case #06-2887, Ms. Carroll moved that the board find that the Respondents have not complied with this Board's Order dated January 17, 2007, 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 Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Simshauser seconded the motion that passed unanimously. 17 Meeting Minutes Code Compliance Board Boynton Beach, FL February 21, 2007 Attorney Tolces indicated the board order would affect both respondents. Mr. Foot left the meeting at 9:55 p.m. Case #06-2114 Property Address: Violation( s): 1420 Holdings LLC 1420 SW 30th Avenue PT3-LDR. CHAPTER 4 SEe.11 Site plan maintenance is required. Officer Cain presented the case. Notice of violation date had been September 7, 2005. The hearing date had been December 20, 2006, and no one appeared. A compliance date and proposed fine had been set by the board as January 19, 2007, at $75 per day. The violation still existed after 32 days of noncompliance. Raymond Greaves, 1520 SE 11th Street, Deerfield Beach, the property owner, indicated the violations had been resolved. Respondent was waiting for Kevin Hallahan to re-inspect, but Kevin was briefly unavailable. Attorney Tolces indicated the current date was a benchmark if respondent could prove work was done and compliance achieved. Motion Ms. Carroll moved that Case #06-2114 be tabled until the Code Compliance Board meeting on March 21, 2007. Ms. Simshauser seconded the motion that passed unanimously. Case #06-2521 Property Address: Violation( s): V.A. Molle, Restaurant Holdings, Inc. Banana Boat 739 E. Ocean Avenue 15-8.5. B.B.e. of Ord., 15-8.5 (A) (B).l &2, 15-10.2(3) B.B.e. of Ord., 15-10.5 B.B.e. of Ord. B.B.e. of ORD SEC 15-8.8 Take appropriate measures to reduce sound level emanating from your business. Noise levels at the receiving property line must not exceed 60 decibels between the hours of 7:00 a.m. and 10:00 p.m. and must not be noticeable beyond 100 feet from the banana boat property line after 10:00 p.m. This matter may be heard by the City of Boynton Beach Code Compliance Board to enforce this violation without further documentation of violation of our code or ordinances prior to such hearing. Vestiguerne Pierre, Senior Code Officer, presented the case. The notice of violation date had been October 6, 2006. At the Code Compliance board hearing, November 21, 2006, 18 Meeting Minutes Code Compliance Board Boynton Beach, FL February 21, 2007 Luke Therien appeared. A compliance date and fine had been set by the board to cease and desist by November 30, 2006 or $500 per occurrence. The date of occurrence had been January 7, 2007. Luke Therien, owner of the Banana Boat, indicated there had been a complaint from Coastal Towers about loud music. An Officer went to Coastal Towers, heard music, and assumed it was the Banana Boat. The Banana Boat claimed it had already shut down its music for the night and the music was coming from Two Georges. The Officer cited the complaint was on the Banana Boat and filed a report. Attorney Tolces added that this case was different than the typical certification of fine because the board was considering the facts in relationship to an existing cease and desist order. The board needed to find that the violation occurred on that date in order to certify the fine. Officer Vestiguerne indicated they had done readings and found no violations. The only violation had been the police report that said the Banana Boat was in violation. Ms. Cook questioned the difference in dates on the documents indicating the violation. Officer Pierre responded on January 17, 2007, a Wednesday, the Banana Boat Manager apologized and shut off the music at 10:08 p.m. Mr. Therien claimed only a music CD was playing at that time and live music was louder. No one from Code Enforcement had been present that night, only a police officer. Chair Costantino remarked the incident report stood as a legal document, but she wanted to address questions to the officer to determine if the music could actually have been coming from Two Georges. Scott Blasie, Code Compliance Administrator, responded the point was well taken. He had spoken to Mr. Therien and attempted to contact the officer, who was currently off duty. Ms. Carroll asked if the officer had used a device to determine noise level. Mr. Blasie indicated that after 10:00 p.m., the noise simply has to be "plainly audible", the Code standard. Attorney Tolces added that the board had the right to subpoena witnesses and/or continue the matter. Mr. Yerzy objected to subpoenaing the Officer and taking up more time. He suggested the respondent be given the benefit of the doubt. For the future, the board could keep in mind that there had been a complaint. Ms. Cook suggested dismissal, taking into consideration that the restaurants would be watched more closely and could be fined in the future. Motion Based on the testimony and evidence presented in Case #06-2521, Ms. Cook moved to find that the Banana Boat did not have a violation in the City of Boynton Beach Code of 19 Meeting Minutes Code Compliance Board Boynton Beach, FL February 21, 2007 Ordinance Sections as cited on January 17, 2007. Ms. Carroll seconded the motion that passed 4-2. (Ms. Simshauser and Mr. Moyer dissenting.) VII. Lien Reduction (heard out of order) Case #05-2711 Property Address: Violation( s): Joseph & Yvonne Ulrick 3180 E. Atlantic Drive CH15-ART.IX-15-120(D).lA, 13-16 B.B.e. OF ORD. Remove unlicensed & inoperable vehicle from your property. An occupational license is required for rental property. Scott Blasie, Code Compliance Administrator, presented the case. The case originated December 8, 2005, for violation of the community appearance code and also occupation license, now known as a business tax. No one appeared before the board on January 18, 2006. The date and fine had been established of January 28, 2006 at $50 per day. Compliance had been documented as of February 20, 2007, with 387 days of noncompliance at $50 per day. Pictures were shown. Attorney Tolces indicated the Florida Statutes were changed this year. Moving forward, Occupational Licenses would be referred to as Business Tax Receipts. Joseph Ulrick was present. He had cleaned up the property and did not understand what else he needed to do. The property had been rented and he had received his Business Tax Receipt. Mr. Blasie indicated he had the return receipt for service of fine certification that Mr. Ulrick had signed. Mr. Ulrick requested a fine reduction. Ms. Cook suggested reducing the fine to costs incurred, or $634.12, assuming Mr. Ulrick would continue to take care of the property. Motion Based on testimony and evidence presented in Case #05-2711, 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. Cook moved that this Board reduce the fines instituted in Case #05-2711, by virtue of this Board's Order, to an amount of $634.12, including administrative costs. Ms. Simshauser seconded the motion that unanimously passed. Case #06-3052 Property Address: Violation(s): Edward & Mary Engram 2160 N. Seacrest Blvd. CH 2.5-12 & CH. 2.5-13 You are in violation of excess false alarms. 20 Meeting Minutes Code Compliance Board Boynton Beach, FL February 21, 2007 Pay all fines to avoid Code Compliance board action. John Herring, Code Officer, presented the case. The City recommended ten days and $250 per day after that, with a compliance date of March 3, 2007. Motion Based on testimony and evidence presented in Case #06-3052, Ms. Carroll moved that the board find that Edward and Mary Engram 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 March 3, 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 fail to comply with this order, a fine in the amount of $250 per day for each day the violations continues past March 3, 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 passed unanimously. Case #07-16 BEL EQR 1 L TD Partnership and Banyan Lake Apartments 1561 Stonehaven Drive CH. 2.5-12 & CH. 2.5-13 You are in violation of the excessive false alarms Chapter 2.5 inclusive. Property Address: Violation( s): Officer Herring presented the case. The owner is BEL EQR 1 LTD Partnership, P.O. Box 87407, Chicago, IL 60680. The City recommended ten days with $250 fine and a compliance date of March 3, 2007. Motion Based on testimony and evidence presented in Case #07-16, Mr. Moyer moved that the board find that BEL EQR 1 L TD Partnership and Banyan Lake Apartments 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 March 3, 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 fail to comply with this order, a fine in the amount of $250 per day for each day the violations continues past March 3, 2007, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance 21 Meeting Minutes Code Compliance Board Boynton Beach, FL February 21, 2007 Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed unanimously. Case #07-28 Property Address: Violation( s): Boynton Shoppes Acquisition and LA Fitness 2290 N. Congress Avenue CH. 2.5-12 & CH. 2.5-13 You are in violation of the excessive false alarms chapter 2.5 inclusive. Pay all fines to avoid Code Compliance Board action. Officer Herring presented the case. Property owner was Gemini Boynton Beach 1 LLC, 6740 Berkdale Commons Parkway, #301, Huntersville, Ne. The City recommended ten days and $250 per day. Motion Based on testimony and evidence presented in Case #07-28, Mr. Yerzy moved that the board find that Boynton Shoppes Acquisition and LA Fitness 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 March 3, 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 fail to comply with this order, a fine in the amount of $250 per day for each day the violations continues past March 3, 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 unanimously. Case #07-51 Property Address: Violation( s): Dominique Beau-Frere 404 NW 15th Avenue CH. 2.5-3 & CH. 2.5-7 An alarm operating permit is required n the form of a decal authorizing the use of such alarm. The decal shall be displayed at the main entry or a conspicuous place at the front of the premises. Officer Herring presented the case. The City recommended ten days with $25 fine. Motion Based on testimony and evidence presented in Case #07-51, Ms. Simshauser moved that the board find that Dominique Beau-Frere is in violation of City of Boynton Beach 22 Meeting Minutes Code Compliance Board Boynton Beach, FL February 21, 2007 Code Sections as cited, and moved to order that the Respondent corrects 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 Respondent, and hereby orders that if the Respondent fails to comply with this order, a fine in the amount of $25 per day for each day the violations 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. Mr. Yerzy seconded the motion that passed unanimously. Case #06-2967 Property Address: Violation( s): Jami M. Hernandez-Belman 2219 NE 3rd Street CH 1-ART.lX-15-120(D).lA Please remove all unregistered and inoperable vehicles from the front and rear yards. Officer Cain presented the case. The City recommended 30 days with $50 fine. Motion Based on testimony and evidence presented in Case #06-2967, Ms. Cook moved that the board find that Jami M Hernandez-Belman is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent corrects the violations on or before March 23, 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 fails to comply with this order, a fine in the amount of $50 per day for each day the violations continues past March 23, 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 unanimously. Case #06-3059 Property Address: Violation( s): ATM Trading, Inc. 524 NE 22nd Avenue CH21 ART 1 SEe. 13, PT3 LDR CH21 I SEC.S Maintenance is required on sign out front. A permit is required to repair the sign. Officer Cain presented the case. The City recommended 30 days with $25 fine. 23 Meeting Minutes Code Compliance Board Boynton Beach, FL February 21, 2007 Motion Based on testimony and evidence presented in Case #06-3059, Ms. Cook moved that the board find that ATM Trading, Inc. is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent corrects the violations on or before March 23, 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 fails to comply with this order, a fine in the amount of $25 per day for each day the violations continues past March 23, 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 unanimously. Case #07-62 Property Address: Violation( s): Diane Marie Dalelio 230 NE 26th Avenue #306 BBA FBC '04 105.1.1, BBA FBC '04 108.5 Secure permit for installation of windows and call for inspections. Work started before permit was issued. 4 x fee is required. See copy of Red Tag dated 11/28/06. Officer Cain presented the case. The City recommended ten days with $25 fine. Motion Based on testimony and evidence presented in Case #07-62, Mr. Yerzy moved that the board find that Diane Marie Dalelio is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent corrects 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 Respondent, and hereby orders that if the Respondent fails to comply with this order, a fine in the amount of $25 per day for each day the violations 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. Ms. Simshauser seconded the motion that passed unanimously. Case #07-172 Property Address: Violation( s): Palm Beach County Housing Authority 11 NE 22nd Avenue CH15-ART.lX-15-120(D).INe., 10-2; 10-3; B.B.e. OF ORD. Mow overgrown yard and remove all trash and debris from property. Install sod in yard wherever dead or bare spots occur. 24 Meeting Minutes Code Compliance Board Boynton Beach, FL February 21, 2007 Remove all weeds out of fence and repair fence. Remove all Boards from windows. Repair or remove storage room at rear of house. Officer Cain presented the case. The City recommended 30 days. Attorney Tolces questioned the legal authority of the board to impose a lien on another governmental entity's property. The property, an eyesore on the main corridor at Seacrest and Gateway, was supposed to be vacant, but lights had been seen at night by board members. Attorney Tolces suggested letting the Building Department take the appropriate action to insure the property was not occupied. Motion Ms. Simshauser moved to table the Case #07-172 until March 21, 2007. Mr. Yerzy seconded the motion that passed unanimously. Case #07-086 Property Address: Violation( s): Dorothy R. Donlon Est. 634 SW 1st Court CH15-ART.lX-15-120(D).INe. Please mow and weed overgrown property. Broken concrete driveway needs to be repaired or replaced. Skip Lewis, Senior Code Officer, presented the case. City recommended 60 days to April 22, 2007. Motion Based on testimony and evidence presented in Case #07-086, Ms. Cook moved that the board find that Dorothy R. Donlon Est. is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent corrects the violations on or before April 22, 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 fails to comply with this order, a fine in the amount of $25 per day for each day the violations continues past April 22, 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 unanimously. 25 Meeting Minutes Code Compliance Board Boynton Beach, FL February 21, 2007 Case #07-087 Property Address: Violation( s): Victor L. Cook 654 W. Ocean Avenue CH15-ART.lX-15-120(D).INe., BBA FBC '04 105.1.1 Secure proper electrical permit for the new hot tub and exterior light. Remove any inoperable vehicles from property. Officer Lewis presented the case. This appeared to be a repeat offender. The City recommended ten days to March 3, 2007. Motion Based on testimony and evidence presented in Case #07-087, Ms. Cook moved that the board find that Victor L. Cook is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent corrects 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 Respondent, and hereby orders that if the Respondent fails to comply with this order, a fine in the amount of $250 per day for each day the violations 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. Mr. Yerzy seconded the motion that passed unanimously. Case #07-155 Property Address: Violation(s): Pamela &. M. Harvey 231 NE 9th Avenue CH15-ART.lX-15-120(D)lINe., 13-15 B.B.e. ORD 20-6. B.B.e. of ORD. Remove all trash and outside storage. Remove utility trailer only two are allowed. You are not allowed to run a recycle business from your home. Officer Melillo presented the case. The City recommended ten days. Motion Based on testimony and evidence presented in Case #07-155, Ms. Carroll moved that the board find that Pamela & M. Harvey 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 March 3, 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 fail to comply with this order, a fine in the amount of $200 per day for each day the violations continues past March 3, 2007, plus administrative costs shall be imposed. The Respondents are further ordered to contact 26 Meeting Minutes Code Compliance Board Boynton Beach, FL February 21, 2007 the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that passed unanimously. Case #06-2976 Property Address: Violation( s): Lloyd Taylor Jr. 180 Flamingo Drive CH15-ART.IX-15-120(D)lINC Water or re-sod your yard. Officer Pierre presented the case. The City recommended 30 days. Motion Based on testimony and evidence presented in Case #06-2976, Ms. Carroll moved that the board find that Lloyd Taylor is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent corrects the violations on or before March 23, 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 fails to comply with this order, a fine in the amount of $50 per day for each day the violations continues past March 23, 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 unanimously. Case #06-3148 Property Address: Violation( s): Jacob Srock 305 NE 23rd Avenue 105.11 BBA A permit is required for the fence installed on your property. Officer Pierre presented the case. The City recommended 30 days. Motion Based on testimony and evidence presented in Case #06-3148, Mr. Yerzy moved that the board find that Jacob Srock is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent corrects the violations on or before March 23, 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 fails to comply with this order, a fine in the amount of $100 per day for each day the violations continues past March 23, 2007, plus administrative costs shall be imposed. The Respondent is further ordered to contact the 27 Meeting Minutes Code Compliance Board Boynton Beach, FL February 21, 2007 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 unanimously. Case #06-3167 Property Address: Violation( s): Moise Leveille 3080 N. Seacrest Blvd. CH15-ART.IX-15-120(D).INe. Remove all unregistered and inoperable vehicles off your property. Also weed your yard. Officer Pierre presented the case. The City recommended 30 days. Motion Based on testimony and evidence presented in Case #06-3167, Ms. Cook moved that the board find that Moise Leveille is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent corrects the violations on or before March 23, 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 fails to comply with this order, a fine in the amount of $50 per day for each day the violations continues past March 23, 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 unanimously. Case #07-90 Property Address: Violation( s): Winston & Jennifer Hollar 2604 NE 3rd Street CH 15-ART. IX -15-120(D) lINe. Mow, weed and install sod in dead area of your yard to achieve a uniform green appearance. Officer Pierre presented the case. The City recommended 30 days. Motion Based on testimony and evidence presented in Case #07-0090, Ms. Cook moved that the board find that Winston and Jennifer Hollar 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 March 23, 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 fail to comply with this order, a fine in the 28 Meeting Minutes Code Compliance Board Boynton Beach, FL February 21, 2007 amount of $25 per day for each day the violations continues past March 23, 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. Yerzy seconded the motion that passed unanimously. Case #07-181 Property Address: Violation( s): Lillie W. Parker 2209 NE 1st Lane CH 15-ART.lX-15-120(D) lINe. Please sod your yard and remove debris off property. Officer Pierre presented the case and indicated compliance. Motion Ms. Simshauser moved to dismiss Case #07-181. Ms. Carroll seconded the motion that passed unanimously. Case #07-209 Property Address: Violation( s): Mark Musa 2770 NE 4th Court CH 15-ART.lX-15-120(D) lINe. Mow your yard and remove the trash. Sod bare spots of your yard to achieve green appearance. Officer Pierre presented the case. The City recommended 30 days. Motion Based on testimony and evidence presented in Case #07-209, Mr. Yerzy moved that the board find that Mark Musa is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent corrects the violations on or before March 23, 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 fails to comply with this order, a fine in the amount of $25 per day for each day the violations continues past March 23, 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 unanimously. 29 Meeting Minutes Code Compliance Board Boynton Beach, FL February 21, 2007 Case #06-3188 Property Address: Violation( s): Eddie D. 8r. Portia A. Evans 112 NW 5th Avenue CH15-ART.IX-15-120(D)lINe. Remove unregistered and inoperable vehicles off your property . Officer Roy presented the case. The City recommended ten days. Motion Based on testimony and evidence presented in Case #06-3188, Ms. Cook moved that the board find that Eddie D. and Portia A. Evans 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 March 3, 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 fail to comply with this order, a fine in the amount of $50 per day for each day the violations continues past March 3, 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 unanimously. Case #07-01 Property Address: Violation( s): Cicero Clemons 1018 NW 4th Street CH15-ART.IX-15-120(D)lINe., PT3-LDLR.CH2. SEe.5.D.1. Cease working on cars. It is prohibited in residential zones. Remove all unlicensed and inoperable vehicles from property. Remove all trash and debris from property as well as auto. Officer Roy presented the case. The City recommended ten days. Motion Based on testimony and evidence presented in Case #07-01, Ms. Cook moved that the board find that Cicero Clemons is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent corrects 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 Respondent, and hereby orders that if the Respondent fails to comply with this order, a fine in the amount of $150 per day for each day the violations 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. Mr. Yerzy seconded the motion that passed unanimously. 30 Meeting Minutes Code Compliance Board Boynton Beach, FL February 21, 2007 Case #06-2373 Property Address: Violation(s): Johnny L. Young Jr. &. Norma Guthrie 211 NE 2ih Avenue BBA FBC '05 105.1.1 Permit required for drywall, insulation and re-roof covering. Officer Webb presented the case. The City recommended 30 days. Motion Based on testimony and evidence presented in Case #06-2373, Ms. Simshauser moved that the board find that Johnny L. Young Jr. & Norma Guthrie 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 March 23, 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 fail to comply with this order, a fine in the amount of $25 per day for each day the violations continues past March 23, 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 passed unanimously. Case #07-135 Property Address: Violation( s): John Floyd Enterprises, Inc. 2201 SE 3rd Street CH15-ART.IX-15-120(D)lINe., 13-16 B.B.e. OF ORD Remove trash and debris from yard and right-of-way. Remove truck and trailer from City right-of-way. An occupational license is needed for rental of your property. Officer Webb presented the case. The City recommended 15 days. Motion Based on testimony and evidence presented in Case #07-135, Ms. Simshauser moved that the board find that John Floyd Enterprises, Inc. is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent corrects the violations on or before March 8, 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 fails to comply with this order, a fine in the amount of $50 per day for each day the violations continues past March 8, 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- 31 Meeting Minutes Code Compliance Board Boynton Beach, FL February 21, 2007 inspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that passed unanimously. Case #07-129 Property Address: Violations: Sait Be. Nesrin Uralli Tr. 405 SW 2nd Street CH15-ART.lX-15-120(D)lINe. Remove all unlicensed and inoperable vehicles. Remove all trash and debris from property. Mr. Webb indicated there was no service and the case would need to be brought back next month. Motion Ms. Carroll moved to continue Case #07-129 to the next meeting on March 21, 2007. Ms. Simshauser seconded the motion that passed unanimously. Case #07-138 Property Address: Violation( s): Justin Scarpelli 412 SE 21st Avenue CH15-ART.lX-15-120(D)lINe., CH15-ART.lX-15-120(E) INC LDR CH 20 ART 1 SEC 8 F13, PT3-LDR.CH20-VIII.SEC2.A. Remove all loose trash and debris and trim bushes, repair windows, doors, screened porch and secure building to prevent entry by the public. Place 6 inch house numbers on building to be visible from the city street- please de-weed and sod property. Repair parking lot. Officer Webb presented the case. The City recommended ten days. Motion Based on testimony and evidence presented in Case #07-138, Ms. Carroll moved that the board find that Justin Scarpelli is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent corrects 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 Respondent, and hereby orders that if the Respondent fails to comply with this order, a fine in the amount of $100 per day for each day the violations 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. Ms. Simshauser seconded the motion that passed unanimously. 32 Meeting Minutes Code Compliance Board Boynton Beach, FL February 21, 2007 VI. Old Business A. Lien penalty certifications (Tabled) Code Officer Webb recommended certifying the following cases for $50 per day: Case #60-1890 Harold J. Chastian Tr., 700 W. Boynton Beach Blvd. North Lake Foods, Inc. Motion Based on the testimony and evidence presented in Case #60-1890, Ms. Simshauser moved that this Board find the Respondent has not complied with this Board's Order dated November 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 $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 passed unanimously. Case #06-1366 Lilliang Yang &. XIU Juan Dong 240 N. Congress Ave. Motion Based on the testimony and evidence presented in Case #60-1366, Ms. Simshauser moved that this Board find the Respondents have not complied with this Board's Order dated August 16, 2006, and having considered the gravity of the violations and the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $50 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Cook seconded the motion that passed unanimously. B. Lien Penalty Certifications (New) Case #06-2698 Steven J. Stefano 23 Via De Casas Sur. 203 Motion Based on the testimony and evidence presented in Case #60-2698, Ms. Simshauser moved that this Board find the Respondent has not complied with this Board's Order dated December 20, 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 $50 per day plus administrative costs which shall continue to accrue until the 33 Meeting Minutes Code Compliance Board Boynton Beach, FL February 21, 2007 Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Cook seconded the motion that passed unanimously. Case #06-2401 Rasheeda Abrahim & Jim Soodeen 122 NE 3rd Avenue Motion Based on the testimony and evidence presented in Case #60-2401, Ms. Simshauser moved that this Board find the Respondents have not complied with this Board's Order dated January 17, 2007, and having considered the gravity of the violations and the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $50 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Cook seconded the motion that passed unanimously. Case #60-2888 Kenneth R. Hall 110 SE 3rd Avenue Motion Based on the testimony and evidence presented in Case #60-2888, Ms. Simshauser moved that this Board find the Respondent has not complied with this Board's Order dated January 19, 2007, 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 $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 passed unanimously. Code Officer Webb recommended certifying the following cases for $150 per day. Case #06-2434 Jean Pierre Messeroux 2970 SE 2nd St. Motion Based on the testimony and evidence presented in Case #60-2434, Ms. Simshauser moved that this Board find the Respondent has not complied with this Board's Order dated November 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 $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 passed unanimously. 34 Meeting Minutes Code Compliance Board Boynton Beach, FL February 21, 2007 Code Officer Webb recommended there be ''No Rne" for the following cases: Case #06-1976 Inona Pierre 190 SE 27th Street Motion Based on the testimony and evidence presented in Case #06-1976, Ms. Carroll moved that this Board find the Respondent has complied with this board's order dated October 18, 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. Ms. Simshauser seconded the motion that passed unanimously. Case #06-754 Elpagnier &. Winston Hudson 2731 NE 4th Street Motion Based on the testimony and evidence presented in Case #06-754, Ms. Carroll moved that this Board find the Respondents have complied with this board's order dated August 16, 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. Ms. Simshauser seconded the motion that passed unanimously. Case #06-1037 Michel &. Jodi C. Raffoul 151 NE 26th Avenue Motion Based on the testimony and evidence presented in Case #06-1037, Ms. Carroll moved that this Board find the Respondents have complied with this board's order dated October 18, 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. Ms. Simshauser seconded the motion that passed unanimously. Case #06- 2438 Marie M. Isma 3230 SE 2nd Street Motion Based on the testimony and evidence presented in Case #06-2438, Ms. Carroll moved that this Board find the Respondent has complied with this board's order dated December 20, 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. Ms. Simshauser seconded the motion that passed unanimously. 35 Meeting Minutes Code Compliance Board Boynton Beach, FL February 21, 2007 Case #06-2515 Riverwalk Plaza Joint Venture 1620 S. Federal Hwy. Motion Based on the testimony and evidence presented in Case #06-2515, Ms. Carroll moved that this Board find the Respondent has complied with this board's order dated November 15, 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. Ms. Simshauser seconded the motion that passed unanimously. Code Officer Webb recommended the following cases be tabled to March 21, 2007: Case #06-2471 Seacrest Investments LLC 401 S. Seacrest Blvd. Motion Ms. Simshauser moved that Case #06-2471 be tabled until the Code Compliance Board meeting to be held on March 21, 2007. Mr. Yerzy seconded the motion that passed unanimously. Code Officer Webb recommended the fo/lowing cases be tabled to July 18, 2007: Case #04-731 Thirty-Six Hundred Holdings 3629 S. Federal Hwy. LLC Motion Ms. Carroll moved that Case #04-731 be tabled until the Code Compliance Board meeting to be held on July 18, 2007. Ms. Simshauser seconded the motion the passed unanimously. VII. Lien Reduction Case #05-2711 Joseph & Yvonne Ulrick 3180 E. Atlantic Drive This item was discussed earlier. VIII. Discussion Mr. Lamb had not been attending meetings. He contacted Mr. Yerzy three times and advised he would be resigning from the board and had emailed the City Clerk's office. The City Clerk had not received the email. Attorney Tolces suggested the staff contact Mr. Lamb and request that he sends a letter of resignation. Chair Costantino agreed. 36 Meeting Minutes Code Compliance Board Boynton Beach, FL February 21, 2007 IX. Adjournment There being no further business to discuss, Chair Costantino adjourned the meeting at 10:55 p.m. V. - it' \;..~/~~ c- \.z~ Robin Hemi way J '-.J Recording Secretary '-. 02/28/07 37