Minutes 04-16-07
VERBATIM EXCERPT OF THE CODE COMPLIANCE BOARD MEETING
HELD ON MONDAY, APRIL 16, 2007 AT 7:00 P.M.
CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA, REQUESTED BY CITY
MANAGER KURT BRESSNER
PRESENT:
Michele Costantino, Chair
Richard Yerzy, 1st Vice Chair
Kathleen Carroll
Kathy Cook
Robert Foot
George Moyer
Scott Blasie, Code Compliance Administrator
David Tolces, Assistant City Attorney
ABSENT:
Jack Lamb
Lisa Simshauser
8:18 p.m. Case #06-295, page 53
Chair Costantino:
Next case.
Officer Cain:
Next case page 53.
Chair Costantino:
53.
Officer Cain:
Violation location 708 W. Ocean Drive, Case #06-295. Property owner is
Manual Z. Azevedo. Notice of Violation date was 02-09-06 Code Section
and description was Boynton Beach Amendment Florida Building Code 05
105.1.1. Permit is required to install fence. Code Compliance Board
Hearing and Date and if appeared was 2-21-07, he did appear.
Compliance Date and proposed fine set by board was 3-23-07 or $25 per
day, he came into compliance today, I guess it would be a 23 days of
noncompliance. He's here.
Chair Costantino:
Your name and address for the record.
Respondent:
My name is Z. Azevedo. I'm at 708 West Ocean Drive, no contest.
Chair Costantino:
Uh we, we're beyond that.
Ms. Carroll:
Yeah.
Chair Costantino:
Nice try. Good try. Alright.
Mr. Foot:
But he's done well.
Ms. Carroll:
Yeah.
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Mr. Foot:
Ms. Carroll:
Chair Costantino:
Mr. Foot:
Officer Cain:
Chair Costantino:
Officer Cain:
Chair Costantino:
Ms. Carroll:
Chair Costantino:
Ms. Carroll:
Compared to most of our respondents.
23 days.
Yeah, he's done really well.
What's the City's feeling about it?
Uh, no fine.
No fine?
Yeah, he had to cut the fence down. It was a six-foot fence, in the front
of the properties and he did everything that he needed to do to try to
comply and he cut it down to the four foot so I recommend no fine.
I love to watch the facial expressions when they, when they have to look
at us and say okay, the City says no fine now what are you thinking?
I'm thinking motion number nine.
You are thinking motion number nine. Miss Carroll?
Based on testimony and evidence presented in Case #06-295 and having
been advised that the respondent has complied with all lien reduction
procedures set forth in Sections 2-84 through 2-89.
Ms. Cook, Attorney Tolces, Mr. Foot in unison: No, no.
Ms. Cook:
Ms. Carroll:
Attorney Tolces:
Mr. Foot:
Attorney Tolces:
Ms. Carroll:
Excuse me, I'm sorry.
Wrong one?
I'm sorry I wasn't listening.
Its (motion) number seven.
You are trying to certify a zero fine.
Okay Motion #7, based on testimony and evidence presented in Case
#06-295, I move that this board find that the respondent, Manual Z.
Azevedo was in violation of the City of Boynton Beach Code Sections as
cited subsequent to the date of compliance specified in the boards order
of 02-21-07, and in consideration of the gravity of the violations and the
actions taken by the respondent to remedy the violations and the
previous violations of the respondent that this board impose and certify a
fine in the amount of zero per day including administrative costs for the
total of 23 days of non compliance.
Mr. Moyer and Mr. Foot: Second.
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Chair Costantino:
Mr. Azevedo:
Chair Costantino:
Mr. Azevedo:
Chair Costantino:
All:
Chair Costantino:
Mr. Foot:
Chair Costantino:
Ms. Cook:
Just so you know, the fine was twelve thousand, I mean twelve hundred
and nine dollars.
Really?
Uh-huh. Twelve hundred and nine dollars.
At $25 a day?
At $25 a day plus all the other costs. All in favor?
Aye.
All opposed? Motion carries. Your welcome.
You can buy us beers afterwards. (Laughter)
Thank you. Next case.
Thanks Robert that's on the record.
1st Vice Chair Yerzy: Yeah that's all we need. Next case.
Chair Costantino:
Yeah, page 54.
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8:27 p.m. Case 07-87, page 59.
Officer Lewis:
Chair Costantino:
Officer Lewis:
Mr. Moyer:
Officer Lewis:
Chair Costantino:
Mr. Cook:
Next case is page is 07-87, forgot to put the page number down, page
59.
Page 59.
Violation address 654 West Ocean, property owner is Victor Cook, notice
of violation date was 1-10-07, code section and description Chapter 15,
Art. IX. 15.120(D) Inclusive, Florida Building Code 2004 Edition 105.1.1,
Secure proper electrical permit for hot tub and exterior light. Remove
inoperable vehicles. Code Compliance board hearing date and no one
appeared was 2-21-07. Proposed fine set by the board, compliance date
was 3-3-07 at $250 a day. Date complied was 4-19-07, 4-16-07. Non-
compliance days were 43 days of non-compliance.
That's a tough one to do, that one.
Mr. Cook's here.
Your name and address.
Victor Cook, 654 West Ocean Ave, property owner.
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Ms. Cook:
Mr. Cook:
Ms. Cook:
Mr. Cook:
Chair Costantino:
Mr. Cook:
Chair Costantino:
Mr. Foot:
Ms. Cook:
Mr. Foot:
Officer Lewis:
Chair Costantino:
Ms. Carroll:
Officer Lewis:
Madame Chair, I believe that every time Mr. Cook has had to come
before the board, I want to just confirm that you and I are not related.
No, we're still not related.
Thanks, and I only know you from here right?
Well, yes, so, yes.
That will work.
Well I have heard mention of alcohol afterward, but. .
No. No. No.
Not from her.
We won't mention that.
Madame Chair can we ask if there is progress made along the way.
Whether only one item was left to the end, or was everything, uh done
only at the end.
No Mr. Cook um, he didn't get a hold of me actually through all of this.
We had spoke in the beginning and then I guess I heard from him last
Friday after I posted a notice, or whatever or maybe the day before
Friday. I went to inspect it with a electrical inspector. He had pulled a
permit on 3-9-07 however that permit didn't cover the work that was
there and there's still some revisions that are needed for that permit. Um,
he did rip out and remove over the weekend, when we went back today
with the electrical inspector. And um he removed the stuff that was put
in, the electrical. He is gonna go in and put revisions into get the stuff
permitted properly so. Anyway that's what happened in the elapsed
time.
How can we comply it if it's still not right.
Because he took it out.
He took all the work out that he had. The tub is sitting there, its. He has
a permit but that needs some more work. The tub's not working. Its not
hooked up, the electrical is all pulled out. That's what he had to do over
the weekend, which was not on this new permit.
1st Vice Chair Yerzy: How about the inoperable vehicles, are they gone?
Officer Lewis:
He has a tag on that.
1st Vice Chair Yerzy: Okay.
Chair Costantino:
Mr. Cook:
What do we want to do. I'm talking to the board.
I'm sorry.
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Chair Costantino:
Ms. Cook:
Mr. Cook:
Chair Costantino:
Mr. Cook:
Chair Costantino:
Mr. Foot:
Ms. Carroll:
Chair Costantino:
Ms. Cook:
Officer Lewis:
Mr. Cook:
Officer Lewis:
Its almost eleven grand here.
That's an awful lot of money for some electrical on a hot tub. Tell us
Victor, why would we want to not consider this $11 thousand dollar fine.
Well I was not even, I did not even realize I was in a state of non-
compliance. I spoke to Mr. Lewis in January. Uh, I own two houses, one
directly behind the other, and the rear house I'm doing a lot of work to.
I'm pretty much going to tear the house down. I just put in two brand
new double driveways and the guys who did the work destroyed the front
yard. Then Mr. Lewis came by, gave me a citation for the swale being a
mess and the yard being a mess, so I complied with those, and um, I had
a spa in my house since the 80's. I bought a new potable spa and
hooked it up to the same electric that I had. Did not even consider that I
needed an electrical permit because I have an ongoing permit to rebuild
my house. And uh, right after the time I saw Mr. Lewis I left town. I
hired an electrical contractor to pull a permit, here it is. Uh he pulled it
three or four weeks later. I got it on uh the 9th and I thought I was in
compliance cause I had the permit you have 180 days to get it inspected.
And I did not realize I was in non-compliance until I got back last
Wednesday and Thursday morning I called Mr. Lewis and this is what we
did to resolve this. I ripped out the spa altogether.
That's one way of resolving it.
Well I did not really have much choice.
What's the boards pleasure.
One answer might be the inspection costs only, $384.
Motion?
Anyone want to make a motion?
The only other thing I have is, if I am reading this correctly, it says
secure proper electrical permit. It does not say the permit doesn't have
to be closed. It does not say that the permit has to be closed. It does
not say anything about it having to be inspected. So, if the permit is
dated March 9th, and we said March 3rd, I'm sorry, but I'm only seeing 6
days, I'm not even seeing 43. Now I don't know if I'm understanding the
Ordinance correctly. It just says secure a permit. It does not say that
the permit has to be finaled. So explain to me then, how we know its in
compliance.
He secured a permit. It was not the proper electrical permit.
Had I known I would have secured a permit earlier.
It's a permit. They went in, the guy got a permit. None of the work's
been done that's on that permit. The work that he did is not on the
permit. And it wasn't up to Code.
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Ms. Cook:
Officer Lewis:
Ms. Carroll:
Officer Lewis:
Ms. Carroll:
Officer Lewis:
Mr. Foot:
Ms. Carroll:
Chair Costantino:
Ms. Cook:
Chair Costantino:
Mr. Cook:
Chair Costantino:
The only permit that he got was not the permit he was cited uh the
infraction for.
Correct. That stuff was not to Code. The electrical inspector saw it told
him it had to be removed, it wouldn't meet what he had and the permit
that he has now isn't going to fly either because the guy just drew it up
and it got passed. There's other ramifications that need to be fixed and
they're going to be red-tagged tomorrow for that.
In another forum.
I think if you see, this is a repeat. I think that's why the fine was a little
steep.
Well if it's going to be red-tagged tomorrow then its going to be
readdressed in another forum in the future.
And he has a history of dragging permits out that go for years at a time,
but I don't know I think he's been before the board for other things like
that.
Madame Chair, I'll make a motion for $384 Certification of Fine. Based
on testimony and evidence presented in case #07-87 I move this board
find the respondent, Victor Cook was in violation of the City of Boynton
Beach Code Sections as cited subsequent to the date of compliance
specified by the board order of 2-21-07 and in consideration of the
gravity of the violations and actions taken by the respondents to remedy
the violations, and any and all previous violations by the respondent, that
this board impose and certify a fine in the amount of zero dollars per day
plus administrative costs for a total of zero days and $384.12.
I'll second that.
All in favor, all opposed. Motion carries.
$384.12.
Okay, we have certified the lien in the amount of $384.12 on the
property .
If that's what it takes. Would you consider alcohol instead?
No.
Catherine Cherry-Guberman
Transcribed from one digital recording
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