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Minutes 04-21-99 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, APRIL 21, 1999 at 7:00 P.M. PRESENT Christopher DeLiso, Chairman Nicholas Igwe, Assistant City Bob Foot Attorney Patti Hammer Scott Blasie, Code Compliance Enrico Rossi Administrator Larry Finkelstein, Alternate Inspectors: Ralph Barquin Courtney Cain Skip Lewis Mike Melillo Pete Roy Willie Webb ABSENT Mark S. Frederick, Vice Chairman Dick Lambert James Miriani I. CALL TO ORDER Chairman DeLiso called the meeting to order at 7:07 p.m. II. APPROVAL OF MINUTES OF MARCH 17, 1999 MEETING Chairman DeLiso called for a motion to approve the minutes of the March 17, 1999 meeting. Motion Mr. Foot moved that the minutes of the March 17, 1999 meeting be approved. Motion seconded by Ms. Hammer. Motion unanimously carried. III. APROVAL OF THE AGENDA MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 21, 1999 Chairman DeLiso asked Mr. Blasie if there were any additions or deletions to the Agenda. Inspector Blasie said that the following cases should be deleted from the Agenda: A. Page 24 (Case 98-4258), Youth Services (complied) B. Page 34 (Case 98-3192), Joseph Vitay (removed) C. Page 37 (Case 98-4115), Luz & Consuelo Escamilla (removed) D. Page 49 (Case 98-3540), Warren Kowalski (removed) E. Page 51 (Case 99 –216), Grady & Shirley Frederick (removed) Chairman DeLiso called for a motion to approve the Agenda, as amended. Motion Ms. Hammer moved that the Agenda, as amended be approved. Motion seconded by Mr. Finkelstein. Motion unanimously carried. Mr. Blasie requested that one additional case be removed from the Agenda, Page 14 (Case 98-3158), C.L. Oddesser Ousley. Ms. Hammer amended her motion to approve the Agenda with the additional deletion. Chairman DeLiso instructed Mr. Blasie to call the roll. Mr. Blasie requested that all persons who were present this evening to please respond by saying “here”. Mr. Metcalf, who was in the audience, but whose case was not on the agenda, requested to be added to the Agenda as he had additional information relative to his case. After discussion, the following motion was made. Motion Mr. Foot moved that the Agenda be further amended to include the Metcalf case to be heard under Lien Penalty Certifications. Motion seconded by Mr. Finkelstein. Motion carried unanimously. IV. SWEARING IN OF WITNESSES AND INTRODUCTION Chairman DeLiso instructed the Recording Secretary to administer the oath to all persons who would be testifying this evening. 2 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 21, 1999 V. OLD BUSINESS A. LIEN PENALTY CERTIFICATIONS th Case #98-2905 Essie Mays 112 NW 10 Avenue Mr. Blasie stated the property was originally cited on August 4, 1998 for violation of the Community Appearance Code. The case first came before the Board on January 20, 1999 and a compliance date and fine was set for February 4, 1999 or $50.00 per day. The property is still not in compliance. Chairman DeLiso requested to view photographs of the property. Chairman DeLiso asked the respondent to take the podium and explain why the property has not complied. th Ms. Essie Mays Chism, 112 NW 10 Avenue stated that the property has not complied because she does not have the funds. Ms. Chism said she was having difficulty finding an electrician. Ms. Chism said that the driveway would be finished shortly and that all the other violations have been corrected. Mr. Blasie presented photographs of the property that were taken today. Mr. Blasie stated that the respondent had two cases on the agenda and this case was for grass and was cited on August 4, 1998. Mr. Blasie stated that the screens still do not meet code. Ms. Chism said she was told to remove the screws that screwed in the screens and she removed the screws immediately. Chairman DeLiso informed Ms. Chism that the Board could either certify the fine this evening or the Board can extend the respondent more time for compliance. However, in either case, the fine continues to accrue, but if the fine is certified it would cost the respondent $200 to come back before the Board and a lien would go on her property. Chairman DeLiso asked Ms. Chism how much time she needed for compliance. Ms. Chism requested 30 days for compliance. Ms. Hammer asked the respondent if 30 days was sufficient. Motion Mr. Foot moved that Case No. 98-2905 be tabled until the Code Compliance Board Meeting to be held on June 16, 1999. Motion seconded by Ms. Hammer Motion carried 5-0. 3 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 21, 1999 st Case #98-2394 Robert Silberberg 171 SE 31 Avenue Mr. Blasie stated the property was originally cited on June 23, 1998 for violation of the Community Appearance Code. The case first came before the Board on January 20, 1999 and a compliance date and fine was set for February 15, 1999 or $25 per day. The property is not yet in compliance. Mr. Blasie presented a photograph of the property to the Board. Mr. Blasie said he spoke with the respondent prior to the meeting and said that the respondent has sodded the entire yard and a new fence was put up. Mr. Blasie stated that the respondent was not aware that the he needed to do the right- of-way. Motion Mr. Foot moved that Case No. 98-2394 be tabled until the Code Compliance Board Meeting to be held on May 19, 1999. Motion seconded by Ms. Hammer Motion carried 5-0. Case #98-2593 Fair Lanes Boynton Beach 1190 W. Boynton Beach Properties, Inc. Boulevard 8100 AMF Dr/Att: R.E. Dept. Mechanicsville, VA 23111 Mr. Blasie stated the property was originally cited on July 8, 1998 for violation of the Land Development Regulations. Mr. Blasie stated the property was a commercial property and must be maintained in accordance with the most recently approved plan on file with the City. The case first came before the Board on September 16, 1998 and a compliance date of November 17, 1998 or $50 per day fine was set. Mr. Blasie presented three photographs taken today (April 21st) which showed there are several areas on the site that are not in compliance. Chairman DeLiso inquired if the Code Compliance Department was allowing extensions on the violations. Mr. Blasie said this applied to this particular case and that Code Compliance has met with the corporate representatives of Fair Lanes and many meetings have taken place. Mr. Craig Allen, Temporary General Manager of AMF Fair Lanes, 1190 Boynton Beach Boulevard took the podium. Mr. Allen said that he has meet with both Mr. Blasie and Mr. Roy and a great amount of improvements have been done. Mr. Allen said that he has taken care of the parking lot, painted and removed trash. However, the corporate offices are holding up the remainder of the improvements. Mr. Allen said that a new sign has been approved and should be installed shortly. Chairman DeLiso asked Mr. 4 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 21, 1999 Allen if corporate headquarters realized that a fine was accruing and Mr. Allen said they were aware of this. Chairman DeLiso noted the case was originally cited on July 8, 1998 and it is now May 1999. Chairman DeLiso felt that the fine should now be certified and by placing a lien on the property, the corporate headquarters may take quicker action in meeting compliance. Motion Based on the testimony and evidence presented in Case No. 98-2593, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Foot moved that this Board find that Fair Lanes Boynton Beach Properties, Inc. has violated this Board’s prior Order of September 16, 1998, and this Board impose and certify a fine in the amount of $50.00 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. Motion seconded by Mr. Finkelstein. Motion carried 5-0. th Case #98-3456 Betty W. Crane 124 SE 28 Avenue Mr. Blasie stated the property was originally cited on September 28, 1998 for violations of the Community Appearance Code. The case first came before the Code Compliance Board on February 17, 1999 and a date and fine was set for March 15, 1999 or $25.00 per day fine. The property complied on April 8, 1999 and staff recommends no fine. Chairman DeLiso inquired why staff was recommending no fine and Inspector Roy said there was some miscommunication between Ms. Crane and himself. Inspector Roy stated he was called back to re-inspect the property, but never received the message. Motion Based on the testimony and evidence presented in Case No. 98-3456, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Foot moved that this Board find that Betty W. Crane has violated this Board’s prior Order of February 17, 1999, and that this Board impose and certify no fine or administrative costs. Motion seconded by Ms. Hammer. Motion carried 5-0. 5 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 21, 1999 rd Case #98-2839 John T. Snow 115 SE 3 Avenue rd 125 SE 3 Avenue Boynton Beach, FL 33435 Mr. Blasie stated the case was originally cited on July 28, 1998 for violations of the Community Appearance Code. The case first came before the Board on November 18, 1998 and a date and fine was set for February 15, 1999 or $25 per day. The violations involved sod and painting. The house has been painted, but the grass has not complied. Mr. Blasie said he has spoken with Kathy Rossi and she has asked if the case could be tabled because of the draught conditions. Ms. Rossi acknowledged that the fine continues to accrue and is familiar with the City’s Community Appearance Code. rd Ms. Kathryn Rossi, 125 SE 3 Avenue, Boynton Beach took the podium and informed the Board that the property does not have a sprinkler system. All other violations have complied. Motion Ms. Hammer moved that Case No. 98-2839 be tabled until the Code Compliance Board Meeting to be held on June 16, 1999. Motion seconded by Mr. Foot. Motion carried 5-0. Case #98-3846 John & Shari Fitzpatrick 103 W. Ocean Drive P.O. Box 352 Boynton Beach, FL 33425 Mr. Blasie stated that the property was originally cited on November 9, 1998 for violations of the Community Appearance Code, the Standard Building Code and Occupational License required. The case first came before the Board on January 20, 1999 and a date and fine was set for February 15, 1999 or $25.00 per day. The property still does not comply. Chairman DeLiso asked to view the photographs of the property. Mr. Blasie stated that the only violation remaining is the grass and the occupational license. Mr. Fitzpatrick stated that he had moved out of State with his family, but has just moved back. Mr. Fitzpatrick said the property is very large and is approximately one-third of an acre near the American Legion Post. Chairman DeLiso asked Mr. Fitzpatrick to state his name and address for the record. 6 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 21, 1999 th Mr. John Fitzpatrick, 103 SE 5 Avenue, Boynton Beach, Florida took the podium. Mr. Finkelstein inquired if the property was a rental property and was informed that it was. Mr. Finkelstein inquired if tenants occupied the property and was informed there were tenants on the property, but no occupational license had been obtained. Mr. Fitzpatrick said he has been out of this area for a year. Mr. Fitzpatrick said he has not had the time to bring the property into compliance, but there is Bahia on the remainder of the yard and the reason the property needs grass is that the tenant has been parking on the grass. Mr. Fitzpatrick said he had not been aware that a fine has been placed on his property. Chairman DeLiso informed him that the fine commenced on February 15, 1999. Mr. Fitzpatrick said he never received notice that a fine was accruing on his property. Mr. Fitzpatrick said that he fully intends to bring the property into compliance, but is currently going through the process of a divorce and the real estate is an issue between his wife’s attorney and himself, which is close to being settled. Mr. Fitzpatrick asked for 60 days to comply with the sod and said he was totally unaware that he was being fined $25.00 per day. Ms. Hammer asked the respondent when he intended to apply for the occupational license and Mr. Fitzpatrick said he would apply tomorrow. Chairman DeLiso inquired if the property had ever been before this Board before, but Mr. Blasie did not know, since he did not have the records with him. Mr. Fitzpatrick said the property had been before the Board previously for grass violations. Mr. Fitzpatrick said when he purchased the property four years ago it was the worse looking house in the neighborhood and has been totally fixed up and remodeled inside and outside. Motion Mr. Foot moved that Case No. 98-3846 be tabled until the Code Compliance Board meeting to be held on June 16, 1999. Motion seconded by Ms. Hammer. Mr. Finkelstein reminded the respondent that he must call for re-inspection of the property. Chairman DeLiso stated the fine stops once the property has meet compliance. Motion carried 5-0. rd Case #98-3058 Ada L. Homes & 902 NE 3 Street Beverly C. Gagliotti 7 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 21, 1999 Mr. Blasie stated the property was originally cited on August 24, 1998 for violations of Sections 10-2 and 10-3 of the Boynton Beach Code of Ordinances. The Ordinances state that the property must be free from overgrowth and trash and debris. Mr. Blasie stated the case first came before the Board on January 20, 1999 and a date and fine was set for February 15, 1999 or $25.00 per day. The property still does not comply. Mr. Blasie presented photographs taken on April 15, 1999 and three taken on April 21, 1999. rd Ms. Beverly Gagliotti, 902 NE 3 Street, Boynton Beach took the podium. Chairman DeLiso inquired why the respondent has not complied and she stated she has cleaned the property five times. Ms. Gagliotti presented photographs of the property that she took at 5:30 today. Chairman DeLiso inquired about an object in the yard and Ms. Gagliotti stated it was the doghouse, which was made from a piece of a boat. Ms. Gagliotti said that her dog died and she plans on removing the doghouse. It was pointed out that some trimming had taken place. Ms. Gagliotti said she would have her son remove the fan that was in the yard tomorrow. Mr. Foot inquired how much time the respondent needed for compliance and Ms. Gagliotti said she felt the property was in compliance. Inspector Webb stated that the property has been poorly maintained for a long period of time and would require a major clean up. Inspector Webb stated the respondent has done a lot of work, but there is a great deal remaining on the ground that needs to be cleaned up. Inspector Webb said there was a bathtub in the yard. Ms. Gagliotti stated that the bathtub has been removed. Chairman DeLiso noted that a great deal of the trees needed more trimming, to which Ms. Gagliotti did not agree. She felt the trees complied with the Code. Inspector Webb stated that the trees complied, but it was the debris in the yard. Chairman DeLiso suggested that the respondent be given 30 days for compliance. Motion Mr. Foot moved that Case #98-3058 be tabled until the Code Compliance Board Meeting to be held on May 19, 1999. Motion seconded by Mr. Finkelstein. Motion carried 5-0. Case #98-1947 Charles & Carol Metcalf 12 Chelsea Lane Mr. Blasie stated that the case was originally cited on June 22, 1998 for violation of the Community Appearance Code and the Standard Building Code, exterior building 8 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 21, 1999 maintenance required. The case first came before the Board on November 18, 1998 and a date and fine of February 15, 1999 or $25.00 per day. The property is not yet in compliance and there has been 65 days of non-compliance. Mr. Blasie presented photographs of the property to the Board. Charles Metcalf, 12 Chelsea Lane, Boynton Beach took the podium and stated that they have just come out of bankruptcy and while they were in bankruptcy they were unable to come up with any money to fix the property. Mr. Metcalf said he was on SSI Disability and that his wife has been the sole provider for the household. Mr. Metcalf said his mother-in-law moved in with them and agreed to place a second mortgage on her property in New Jersey and that the loan has been approved. Mr. Metcalf informed the Board that as soon as they receive the loan funds, they would immediately bring the property into compliance. Chairman DeLiso inquired how much time was necessary and Inspector Barquin recommended 90 days because permits are required. Motion Mr. Foot moved that Case No. 98-1947 be tabled until the Code Compliance Board Meeting to be held on July 21, 1999. Motion seconded by Mr. Finkelstein. Motion carried 5-0. B. LIEN REDUCTIONS th Case #90-20000372 J.N. & Bethan Whilby 2401 NE 4 Court Mr. Blasie stated the case was originally cited on February 22, 1990 for violations of the Standard Building Code, permits and inspections required for an addition on the back of the house. The case first came before the Board on May 16, 1990 and a date and fine was set for June 16, 1990 or $200 per day. The property complied on October 12, 1990 for a total of 117 days of non-compliance, which equals $23,400. Mr. Blasie informed the Board that in 1990 administrative costs were not certified, only the filing costs for the affidavit of $250. Mr. Blasie said that the property is in compliance and that the respondent paid the $200 application fee to have the case heard tonight. Chairman DeLiso requested to view the photographs and Mr. Blasie presented a photograph taken on April 21, 1999 and also presented a photograph taken on May 15, th 1990. Mr. Blasie stated that May 15 photo was of the violation on the back of the house. Mr. Blasie said the violation is not there today. 9 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 21, 1999 Chairman DeLiso inquired why it took the respondent 117 days to remove the violation. th Mr. Bethan Whilby of 2401 NE 4 Court, Boynton Beach took the podium said that she did not put up the addition on the house. Ms. Whilby informed the Board that she was working in the evenings and said she told the Code Enforcement Department that she would take it down as soon as she could. Mr. Whilby said she took the addition down in October 1990. Ms. Whilby said she had not been aware that there was a fine on her property until she tried to have the property put in the name of her husband since she just remarried. Ms. Whilby said she refinanced her property last year and the fine was not detected at that time. Motion Based on the testimony and evidence presented in Case No. 90-20000372 and having been advised that the Respondents have complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board recommend to the City Commission that the fine instituted in Case No. 90-20000372, by virtue of this Board’s Order of May 16, 1990, be reduced to $300 in total (no administrative costs). Motion seconded by Mr. Rossi. Mr. Foot complimented the respondent on the appearance of her property and Ms. Whilby stated she always tried to keep her property in compliance. Chairman DeLiso requested why the lien was so high at $23,400 and asked Mr. Blasie to explain the amount of the fine. Mr. Rossi questioned if additional testimony from staff at this point would be appropriate. Attorney Igwe said that any Board member can request additional testimony from staff. Mr. Blasie said that he was employed by the City at that time, but did not recall the case. Mr. Blasie said that the fine accrued from June 17, 1990 through October 11, 1990 and at $200 per day would equal $23,400. Chairman DeLiso inquired why the fine was so high at that time. Mr. Blasie said that back in 1990 the fines were typically higher. Chairman DeLiso said he was in agreement with the motion made, but felt that some justification must be given to reducing the fine to the Commission. Mr. Rossi noted that the violation existed because the shed was placed on the property without a permit. Mr. Rossi said that the type of violation should also be considered in determining the amount of the fine and the effect the property had on the abutting properties. 10 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 21, 1999 Ms. Hammer stated that it should be noted when the case is brought before the Commission they should be informed that the fines in 1990 were $200 and $250 per day, which would account for the size of the fine. Mr. Foot said that the property is very attractive and the respondent should not be burdened with fines that are much higher than other fines on other properties. Mr. Foot noted that the respondent paid $200 to have the case heard tonight plus the $300 fine would total $500 and this would be consistent with the objectives of the Board. Motion carried 5-0. Chairman DeLiso requested that the record reflect that when the respondent refinanced the property last year the lien was not discovered, otherwise the respondent would have taken care of it at that time. th Case #96-2184 Oretha Isom 105 NE 14 Avenue Mr. Blasie stated that the case was originally cited June 19, 1996 for violation of the City’s Community Appearance Code and first came before the Board on October 16, 1996. Mr. Blasie stated that no one appeared at that hearing and a compliance date and fine was set for December 16, 1996 or $25.00 per day. The property complied on June 4, 1997 for 168 days of non-compliance for a total fine of $4,200 plus $826.18 in administrative costs. Mr. Blasie presented two photographs that were taken on March 16, 1999 and two photographs that were taken in October 14, 1996. Mr. Blasie said that more sod has th been placed on the property since March 16 and that the property looks good. The respondent took the podium and Chairman DeLiso inquired why it took the respondent 160 days to comply. Mr. Playthawal stated that Oretha Isom, who is the mother of Ms. Playthawel, originally owned the property. Ms. Isom had been ill for a long time and the family was not aware that Ms. Isom had fallen behind with her property. Ms. Isom never recovered from her illness and currently resides in a nursing home. Mr. Playthawal said that they took over the property both financially and physically to bring the property into compliance. Mr. Playthawal said that it took time to get the payments caught up before they could fix the property. Ms. Playthawal is a teacher’s aide and doesn’t make much money and is doing the best she can. Chairman DeLiso inquired whose name the property currently is in and Ms. Playthawal said it is in her name, but prior it was in her mother’s name. Chairman DeLiso asked when Ms. Playthawal took over the property and she replied the first part of 1997. Chairman DeLiso inquired if Ms. Playthawal was aware of a lien on the property at that 11 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 21, 1999 time and she said she did not know of this lien and that her mother had a second mortgage on the property at that time that she also was unaware of. Chairman DeLiso said that the property appeared in good condition and looked nice. Inspector Melillo said that the respondents have constantly tried to keep the property up and he has been in regular contact with them. Inspector Melillo stated the property is unusual in that it has three sides and according to the Code everything visible from the adjacent street must comply. Inspector Melillo stated the property is visible from three different streets, therefore, the property required a great deal of work. Motion Based on the testimony and evidence presented in Case No. 96-2184 and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Finkelstein moved that this Board recommend to the City Commission that the fine instituted in Case No. 96-2184, by virtue of this Board’s Order of October 16, 1996, be reduced to $826.18 for the administrative costs. Motion seconded by Mr. Foot. Motion carried 5-0. Chairman DeLiso explained to the respondent that the fine has been reduced from $4,200 to $826.18 and that the respondent will have to appear before the City Commission. st Case #98-1707 Fred Garrett/Homecomings 1601 NE 1 Court Financial Network th 3700 NE 28 Avenue Lighthouse Point, FL 33064 Mr. Blasie stated that the property was originally cited on April 20, 1998 for violation of the City’s Community Appearance Code and first came before the Board on July 15, 1998 and no one appeared at the hearing. A compliance date and fine was set for August 17, 1998 or $25.00 per day. The property complied on April 1, 1999 for 226 days of non-compliance or $5,650, plus $634.12 for administrative costs. Mr. Blasie presented photographs taken July 13, 1998, on September 11, 1998 and two st photographs taken today (April 21). Mr. Blasie noted it was a large piece of property on a corner lot. The property has been secured, the entire yard has been sodded and the structure has been painted. A representative from Homecomings Financial Network took the podium and said that the Homecomings Bank has done a tremendous amount of work at the property and 12 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 21, 1999 that 30 pallets of sod has been placed in the yard and that the entire inside of the house has been refurbished. There was an abandoned drain field that was filled in also. The liens were in the name of the prior owner, Mr. Fred Garrett and not the Bank. The representative stated that the Bank has spent a great amount of money on the property and is requesting a reduction of the lien since it was not their original lien. Chairman DeLiso thought the grass appeared dead. The representative stated there was no sprinkler system on the property and that they have been paying children in the neighborhood to water the grass. The representative stated that there is a contract for the property, but the Bank cannot close until the liens are released. Chairman DeLiso inquired when the Bank took ownership of the property and was informed it was approximately a month to a month and one-half. Chairman DeLiso asked if there was any paperwork to show how much money was spent on the property and the representative said he did not have anything with him, but estimated that approximately $3,000 was spent on the outside and more money on the inside. Ms. Hammer noted that the new owners would be faced with the problem of keeping the grass watered and green. Chairman DeLiso said that when the draught is over a great many homeowners will be cited for the swale. Motion Based on the testimony and evidence presented in Case No. 98-1707 and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board recommend to the City Commission that the fine instituted in Case No. 98-1707, by virtue of this Board’s Order of July 15, 1998 be reduced to $1000 as the total fine. Motion seconded by Ms. Hammer. Chairman DeLiso stated that if the Bank took the property over only a month and half ago and the property looks decent. Chairman DeLiso felt that the fine should be limited to the administrative costs of $634.12. Mr. Blasie requested that the representative of the Bank furnish him with documentation as to when the Bank took title to the property. Motion carried 5-0. CHAIRMAN DeLISO CALLED FOR A RECESS AT 8:40 P.M. THE MEETING RECONVENED AT 8:45 P.M. 13 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 21, 1999 th Case No. 98-2660 Sergio & Suzanne DeLaRosa 506 SE 20 Court Mr. Blasie said that the respondents now reside in Sandy Valley, Nevada and that there is a letter from Ms. DeLaRosa in the file. Since the respondents were not present, Chairman DeLiso requested that the next case be heard first. Chairman DeLiso inquired why the case should not be tabled until the respondents could be present. Mr. Blasie said the case would be heard on the basis of the letter received. th Case #96-2984 Paul & Jean Teresi 859 NW 8 Avenue Mr. Blasie stated that the property was originally cited on June 12, 1996 for violations of Section 10-2 and 10-3 of the Boynton Beach Code of Ordinances. The matter first came before the Board on July 17, 1996 and no one appeared. A compliance date and fine was set for August 10, 1996 or $25.00 per day. The property complied on April 21, 1999. There was 983 days of non-compliance for a fine of $24,575, plus $730.15 for administrative costs. Mr. Blasie presented two photographs to the Board that were st taken today (April 21) and two photographs taken on July 16, 1996. Ms. Jean Teresi, 3373 Amberjack Road, Lantana, Florida took the podium and stated that they never lived on the property. Ms. Teresi informed the Board that her son bought the house and that they co-signed for her son and that her son had the house re-financed. Somehow, they became the owners of the property unknowingly. Ms. Teresi said she never knew of the code violations and the bank is trying to foreclose. The property is empty, but the real estate agent has located a buyer who is fixing up the property with them. Ms. Teresi said she was devastated and did not know how this happened. Ms. Teresi stated that the Bank is willing to take a lower loan payoff. Mr. Blasie stated that the property has been poor since 1989 and has been an eyesore and neighbors have complained. Mr. Blasie said that the Teresi's and the prospective new owners have done wonders to the property, both inside and out. Mr. Blasie said that the prospective buyer has been into the office constantly, has had dumpsters brought in, trimmed trees and laid down sod. The inside has been cleaned up and a great deal of work has been done. Mr. Blasie stated he has worked with the realtor for the property who is also present this evening and referred the Board to a letter from the Bank that had been handed out to them. Ms. Wanda Laird, 2440 Allen Court, Lantana, representing the realty company took the podium and informed the Board that the property has been sold and that the Bank has agreed to take a short payoff. 14 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 21, 1999 Mr. Finkelstein noted that the respondents still own the property and the Bank was in the process of foreclosing. Ms. Teresi stated she must appear in court on Friday on the foreclosure proceedings. Ms. Teresi stated that when they heard from the Code Compliance Department in December, they went to the property for the purpose of cleaning it up. Ms. Teresi stated the neighbor next door kept calling the Code Compliance Department because he wanted the property for himself and has constantly harassed them. Ms. Teresi said she was never notified of the complaints until December when Mr. Blasie showed her the certified letters that had been sent to the property. Ms. Teresi said when the property was refinanced a couple of years ago, they were not aware of any liens on the property. Ms. Teresi informed the Board that they never received any correspondence at their Lantana home. Chairman DeLiso asked Ms. Teresi whose signature was on the letter and was informed it was her son’s signature. Chairman DeLiso noted that the Board has two options. The first one would be to uphold the fine for $24,575 or the fine can be reduced. Chairman DeLiso noted that the property is a problem property and it has been brought up to code. Also, Chairman DeLiso stated the Bank would not take the property over with a $24,575 lien. Therefore, Chairman DeLiso suggested that the Board consider lowering the fine to administrative costs, ensuring that the record reflects that Ms. Teresi’s son took ownership of the property and never informed her of the violations. Motion Based on the testimony and evidence presented in Case No. 96-2984 and having been advised that the Respondents have complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Ms. Hammer moved that this Board recommend to the City Commission that the fine instituted in Case No. 96-2984, by virtue of this Board’s Order of July 17, 1996 be reduced to $730.15 as the total fine. Motion seconded by Mr. Finkelstein. Mr. Finkelstein noted that the respondent has already paid the $200 filing fee, which is in addition to the $730.15 fine. Motion carried 5-0. VI. NEW BUSINESS Chairman DeLiso explained to the audience that the Board has a plea system in place and that a respondent can pled “no contest”, which means that the violation exists on the property, but the respondent is asking for a certain amount of time to remedy the violation. If the violation is corrected, you do not need to 15 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 21, 1999 come back to the Board and there will be no fine. However, if the date allowed for fixing the violation passes, the respondent would have to return to the Board and a fine would start to accrue. A respondent can also plead “not guilty” if he feels a violation does not exist at the property. In that event, the City would put on their case and the respondent would put on his case and the Board would then determines if a violation does in fact exist at the property. If a violation is found to exist at the property, the Board will allow a reasonable amount of time to fix the violation. A. CASES TO BE HEARD Case No. 99-292: Guy Estella P.O. Box 1574 Boynton Beach, FL th Property Address: 124 NW 10 Avenue Violations: Section 13-16 B.B.C. of Ord.; Occupational License Required Mr. Blasie stated the case was originally cited on March 11, 1999. The property was included in a one-block sweep by a multi-functional team, which is comprised of the Code Compliance Department, Building Department, Fire Department and Health Department. The sweep was in reaction to tenant complaints, as well as general th complaints made at community meetings. All properties in the 100 block of NW 10 Avenue were visited and these are areas of repeat violators. Mr. Blasie stated that electrical violations were found and the respondent was given 10 days for compliance. All the other violations were given 30 days for compliance. Violations existed for the exterior and interior, as well as minimum housing code, landscaping codes, etc. Mr. Blasie presented two photographs taken April 20, 1999 of the exterior of the property. Mr. Finkelstein noted that the agenda only listed “occupational license required” and not the violations cited by Mr. Blasie. Mr. Blasie informed the Board that the letter sent to the violator sets forth the minimum housing violations and Mr. Blasie read the violations and furnished a copy of the letter to the Board as follows: S.B.C. 1994 Ed., Section 3401.6 (maintenance) Chapter 20, Article VIII (minimum housing standards) Chapter 15, Article IX (community appearance standards) Chapter 13, Article I, Section 13-16 (occupational license) Chapter 10, Article I, Sections 10.2 and 10.3 and Chapter 9, Articles I and II of the Boynton Beach Code of Ordinances 16 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 21, 1999 Mr. Blasie read the narrative in the letter: Fence needs repairing and replacement; All yard areas require grass; All trash and debris needs to be cleaned up; Occupational License needed for renting property; All deficiencies noted in the attached report of Don Johnson, Building Official needs correcting; Items on attached report from Bob Borden, Assistant Fire Marshal need correcting; All violations not shaded in yellow must be corrected by April 10, 1999; Items shaded in yellow on attached list must be completed by March 20, 1999 and requires a licensed electrician to obtain applicable permits and inspections for compliance. Mr. Blasie submitted photographs to the Board of the exterior of the property. Mr. Blasie said that as of today the property is not in compliance. Chairman DeLiso inquired if any work has been done and Mr. Blasie said he could not determine that any work has been done. Chairman DeLiso inquired if the property is occupied and Mr. Blasie stated it was. Mr. Blasie recommended the shortest amount of time and the maximum amount of fines possible. Mr. Blasie said this is a repeat offender and the City is trying to clean up this particular corridor which is right off Seacrest Boulevard and MLK Boulevard. Mr. Blasie said all the cases being presented to the Board tonight on MLK Boulevard are repeat violations. Mr. Estella informed Mr. Blasie that Mr. Johnson told him that the violations did not require a permit and that he has already fixed those violations. th Guy Estella, 112 SW 10 Avenue, Boynton Beach took the podium and pled no contest. Mr. Estella requested 90 days. Mr. Estella said he was going to apply for the occupational license on Friday. Mr. Blasie said the respondent would not get an occupational license until all the violations have complied. Chairman DeLiso recommended thirty days and $200 per day fine. Motion Based on the testimony and evidence presented in Case No. 99-292, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Guy Estella is in violation of S.B.C. 1994 Ed., Section 3401.6, Chapter 20, Article VIII, Chapter 15, Article IX, Chapter 13, Article I, Section 13-16, Chapter 10, Article I, Sections 10.2 and 10.3 and Chapter 9, Articles I and II of the Boynton Beach Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violations on or before May 17, 1999. If 17 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 21, 1999 the Respondent does not comply with this Order, a fine in the amount of $200.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re- inspection of the property to verify compliance with this Order. Motion seconded by Mr. Rossi. Motion carried 5-0. Case No. 99-291: Essie Mays th 112 NW 10 Avenue Boynton Beach, FL th Property Address: 114 NW 10 Avenue Violations: SBC, 1994 Edition, 3401.6, maintenance, Chapter 20, Article VIII, minimum housing standards, Chapter 15, Article IX, community appearance standards, Chapter 13, Article I, Sec. 13-16, occupational license required, Chapter 10, Article I, Sections 10.2 and 10.3. Parking lot requires patching, seal coating, all yard areas require grass, all trash and debris needs to be cleaned up; license must be obtained for rental unit 112 and correct all the deficiencies noted in the attached report by Don Johnson, Building Official. Mr. Blasie stated this property was included in the sweep and is a duplex located behind Heritage Park, off Seacrest. Mr. Blasie presented five photographs to the Board, three stth taken April 21 and two on April 20. The respondent was given 10 days to remedy all electrical violations and the remaining violations were given 30 days for compliance. Mr. Blasie stated that the property was cited on March 11, 1999. th Ms. Essie May Chism, 112-114 NW 10 Avenue, Boynton Beach took the podium and pled no contest. Ms. Chism said the reason she has not complied is because the City impounded her car and this took all her money. Ms. Chism asked for 90 days. Ms. Chism said there are only two violations remaining on the property, which is the electrical and the driveway. Mr. Blasie said that a permit would be necessary for the electrical work and also an occupational license is required. 18 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 21, 1999 Motion Based on the testimony and evidence presented in Case No. 99-291, Ms. Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Essie May Chism is in violation of SBC, 1994 Edition, 3401.6, Chapter 20, Article VIII, Chapter 15, Article IX, Chapter 13, Article I, Sec. 13-16, Chapter 10, Article I, Sections 10.2 and 10.3 of the Boynton Beach Code of Ordinances. Ms. Hammer moved to order that the Respondent correct the violations on or before May 17, 1999. If the Respondent does not comply with this Order, a fine in the amount of $200.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Rossi. Motion carried 5-0. Case No. 99-298: Abena Enterprises, Inc./Leon Jenkins th Property Address: 134 NW 10 Avenue Violations: SBC, 1994 Edition, 3401.6, maintenance, Chapter 20, Article VIII, minimum housing standards, Chapter 15, Article IX, community appearance standards, Chapter 10, Article I, Sections 10.2 and 10.3. and Chapter 9, Articles 1 and 2 of the B.B.C. of Ord. Mr. Blasie stated this property was included in the sweep. The property was cited on March 11, 1999. Mr. Blasie stated electrical violations were noted. Also, during the inspection a gas leak was discovered and public utility employees came out and corrected the leak. Mr. Blasie said that the gas did not serve any of the units, but was an abandoned line that had been improperly disconnected. Mr. Blasie stated he was at the property today and that some work has been performed, but some violations still exist. The inside has not been inspected to date and Mr. Blasie presented two photographs to the Board. Mr. Leon Jenkins, 16049 Rio Delsol, Delray Beach pled no contest. Mr. Jenkins said he did not receive his notice in a timely manner. Mr. Jenkins said when he did receive the notice, he went to an electrical contractor immediately and a permit was obtained and all the electrical work has been completed. Mr. Jenkins said if he had received the notice sooner, he would have started the worker sooner. Mr. Jenkins asked for 60 days to complete the work. 19 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 21, 1999 Motion Based on the testimony and evidence presented in Case No. 99-298, Ms. Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Leon Jenkins is in violation of SBC, 1994 Edition, 3401.6, Chapter 20, Article VIII, Chapter 15, Article IX, Chapter 13, Article I, Sec. 1316, Chapter 10, Article I, Sections 10.2 and 10.3 of the Boynton Beach Code of Ordinances. Ms. Hammer moved to order that the Respondent correct the violations on or before May 17, 1999. If the Respondent does not comply with this Order, a fine in the amount of $200.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. Motion carried 5-0. Case No. 99-327: James & Sheila Madravazakis 2463 N. Wallen Drive Palm Beach Gardens, FL 33410 th Property Address: 128 NW 10 Avenue Violations: SBC, 1994 Edition, 3401.6, maintenance, Chapter 20, Article VIII, minimum housing standards, Chapter 15, Article IX, community appearance standards, Chapter 10, Article I, Sections 10.2 and 10.3. and Chapter 9, Articles 1 and 2 of the B.B.C. of Ord. Mr. Blasie said that the respondent has been working to correct the violations, but they have not been completed. Mr. Blasie stated he would be meeting with Mr. Madravazakis at the property site to go over the violations. Chairman DeLiso inquired if tenants were present and Mr. Blasie said there were tenants at the property. Mr. Blasie stated the respondent has done some work inside the property. Mr. James Madravazakis, 2463 N. Wallen Drive, Palm Beach Gardens took the podium th and said he is the owner of 118, 120 and 128 NW 10 Avenue, Boynton Beach. Mr. Madravazakis pled no contest and asked for 30 days. 20 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 21, 1999 Motion Based on the testimony and evidence presented in Case No. 99-327, Ms. Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that James & Sheila Madravazakis are in violation of SBC, 1994 Edition, 3401.6, Chapter 20, Article VIII, Chapter 15, Article IX, Chapter 13, Article I, Sec. 1316, Chapter 10, Article I, Sections 10.2 and 10.3 of the Boynton Beach Code of Ordinances. Ms. Hammer moved to order that the Respondent correct the violations on or before May 17, 1999. If the Respondent does not comply with this Order, a fine in the amount of $200.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re- inspection of the property to verify compliance with this Order. Motion seconded by Mr. Finkelstein. Motion carried 5-0. Case No. 99-330: James & Sheila Madravazakis 2463 N. Wallen Drive Palm Beach Gardens, FL 33410 th Property Address: 128 NW 10 Avenue Violations: SBC, 1994 Edition, 3401.6, maintenance, Chapter 20, Article VIII, minimum housing standards, Chapter 15, Article IX, community appearance standards, Chapter 10, Article I, Sections 10.2 and 10.3. and Chapter 9, Articles 1 and 2 of the B.B.C. of Ord. Mr. Blasie stated this case has the same scenarios as the previous case and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-330, Ms. Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that James & Sheila Madravazakis are in violation of SBC, 1994 Edition, 3401.6, Chapter 20, Article VIII, Chapter 15, Article IX, Chapter 13, Article I, Sec. 1316, Chapter 10, Article I, Sections 10.2 and 10.3 of the Boynton Beach Code of Ordinances. Ms. Hammer moved to order that the Respondent correct the violations on or before May 17, 1999. If the Respondent does not comply with this Order, a fine in the amount of $200.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to 21 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 21, 1999 contact the City of Boynton Beach Code Compliance Division to arrange for re- inspection of the property to verify compliance with this Order. Motion seconded by Mr. Finkelstein. Motion carried 5-0. Case No. 98-3315: Yvette and George Williams th Property Address: 110 NE 27 Avenue Violations: SBC, 1994 Edition, 104.1.1, and 104.6.1; inspection is required on electrical work done on house addition; red tag dated May 1, 1998 Inspector Cain stated that the case was cited as a result of a red tag from the Building Department and service was accomplished by hand carry. th Mr. Yvette Williams, 110 NE 27 Avenue, Boynton Beach, Florida took the podium and pled no contest. Ms. Williams requested 30 days. Inspector Cain stated that the permit has been outstanding since 1996 and the Building Department would like to bring the case to a close. Ms. Williams requested an extension yesterday from the Building Department, but it was denied. Motion Based on the testimony and evidence presented in Case No. 98-3315, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that George and Yvette Williams are in violation of SBC, 1994 Edition, Sections 104.1.1 and 104.6.1 of the City Code of Ordinances. Mr. Foot moved to order that the Respondents correct the violations on or before May 17, 1999. If the Respondents do not comply with this Order, a fine in the amount of $$25.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Ms. Hammer. Motion carried 5-0. Case No. 98-3797: Copernicia Corporation Property Address: 2632 N. Federal Highway Violations: SBC, 1994 Edition, 105.5, and 104.1.5; permit is required to fill lot; permit must be posted 22 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 21, 1999 Inspector Cain stated that the property was cited as a result of a red tag from the Building Department and service was made by posting. The City recommends thirty days. Mr. Poncho Sanchez, 117 South Oak Street, Lantana, Florida took the podium and stated he represented Copernicia Corporation. Mr. Sanchez pled not guilty. Inspector Cain presented three photographs that were taken on February 2, 1999 to the Board. Attorney Igwe requested the respondent state that the photographs are photos of the property and Mr. Sanchez said it was the property. Mr. Sanchez stated he was the general supervisor for Copernicia Corporation. Inspector Cain stated the property was originally cited on October 10, 1998 by the Building Department for bringing in fill without a permit. The pictures show a truckload of fill, shell rock and other debris was brought in and placed on the lot without a permit. Inspector Cain said the violator informed him that the entire fill had been removed from the property. Inspector Cain said he took photos today and the violations still exist. Mr. Rossi asked the respondent if he knew the level of the area topographically before the fill and what it is today. Inspector Cain stated that the properties north and south of the property indicates that the property has been raised at least nine to twelve inches. Inspector Cain stated that the Code states that fill cannot be placed on a piece of property and leveled out without a permit. Mr. Rossi asked if there was a particular amount that this would pertain to. Inspection Cain said there is no amount. Mr. Blasie stated that the Code deals with the aspect that it is brought in from off-site. Mr. Blasie said that the respondent would probably reply that whatever was brought in was removed. However, Mr. Blasie said that a permit was necessary in the first place. Mr. Sanchez stated he was pleading not guilty because there are two issues. Mr. Sanchez stated there is another violation for the shell rock, which was placed along the fence. Mr. Sanchez said the fill was removed from the property, which was used as a holding area, and he did not know he needed a permit to hold soil on the property. Mr. Sanchez said he called Mr. Don Johnson who told him to remove the soil, which he did. Mr. Sanchez said the fill was landscape fill for the purpose of building a shade house on the premises. Mr. Sanchez said he did not place the fill on the property to raise the elevation. He placed the fill on the property for the purpose of storing it and removed the soil. Mr. Sanchez said he did not know he needed a permit to place a shell rock path on the property. Chairman DeLiso explained to the respondent that the violation was for not obtaining a permit. 23 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 21, 1999 Mr. Blasie read the applicable Ordinance which states “the purpose of the chapter is to provide a set of regulations governing excavation, filling and/or dredging materials within the City of Boynton Beach…It is intended that to provide a set of minimum standards…the issuance of a permit by the City pursuant to this Chapter shall not relieve any party from obtaining the necessary permits from other agencies.” Mr. Blasie stated that the Ordinance categorizes the different excavation and filling operations. Mr. Blasie stated the case would be a “category 4 case” which pertains to material being moved beyond the project property line”. Mr. Blasie stated that the shell rock, which abuts the northern property line, is not part of the road and it goes up to the property line. Mr. Blasie stated that the shell rock is still present on the property. Chairman DeLiso pointed out to the respondent that the matter being heard this evening was for not obtaining a permit to bring fill on the property. Mr. Blasie stated that as the operation grew, the respondent made a road from Federal Highway back to Lake Drive and basically built a road. Motion Based on the testimony and evidence presented in Case No. 98-3797, Mr. Finkelstein moved that this Board find, as a matter of fact, and as a conclusion of law that Copernicia Corporation is in violation of the SBC, 1994 Edition, 105.5, and 104.1.5 of the City Code of Ordinances. Mr. Finkelstein moved to order that the Respondent correct the violations on or before May 17, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Ms. Hammer. Motion carried 5-0. Case No. 98-4003: W.J. and Jenniff McLaughlin, III th Property Address: 195 SE 27 Court Violations: Chapter 15, Article IX-15-120 (D), Inc., restore area between driveway and street and maintain per City Codes. Inspector Roy stated that the case was originally cited on November 23, 1998. The respondent is present this evening and will be pleading no contest. The City recommends 30 days. 24 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 21, 1999 th W.J. McLaughlin, 195 SE 27 Court, Boynton Beach took the podium and pled no contest and requested 30 days. Motion Based on the testimony and evidence presented in Case No. 98-4003, Mr. Finkelstein moved that this Board find, as a matter of fact, and as a conclusion of law that W.J. and Jenniff McLaughlin, III are in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc.of the City Code of Ordinances. Mr. Finkelstein moved to order that the Respondents correct the violations on or before May 17, 1999. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. Motion carried 5-0. Case No. 98-4254: Roberto J. Real th Property Address: 2830 SW 9 Street Violations: Chapter 15, Article IX-15-120 (D).1A, please remove or register properly the white Ford Bronco and the white Volkswagen Jetta. Remove all loose trash and debris in yard. Inspector Roy stated the case was originally on December 18, 1998. th Mr. Roberto J. Real, 2830 SW 9 Street, Boynton Beach took the podium and was confused on how to enter a plea and requested to state his case before entering a plea. Mr. Real stated that the only trash and debris in his yard is a small pile of leaves which he had placed in the yard for trash pick-up on Wednesday. Mr. Real said the 1984 Bronco is not licensed because he planned to give it to his son who intends on fixing it up. Mr. Real felt he had a right to park a vehicle on his property and no one has ever complained. Mr. Real stated that he sent his son to the Code Compliance Office and he was furnished a copy of the Code that was violated, as well as a copy of the violation by a clerk in that office. Mr. Real stated that according to the Code it is legal for him to park the car in his driveway. Mr. Real asked for clarification of the violation. Inspector Roy stated that he cited Chapter 15, Article IX-15-120 (D).1A which deals with inoperable autos and auto parts, not the section of the Code that the clerk furnished Mr. Real’s son. Inspector Roy presented photographs for the Board to review. Mr. Real said that the Volkswagen has been junked and towed out of the yard. 25 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 21, 1999 Mr. Real acknowledged that he had ladders in his driveway, which he uses in his employment. Chairman DeLiso asked Mr. Real how much time he needed for compliance. Motion Based on the testimony and evidence presented in Case No. 98-4254, Ms. Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Roberto J. Real is in violation of Code Sections Chapter 15, Article IX-15-120 (D).1A of the City Code of Ordinances. Ms. Hammer moved to order that the Respondent correct the violations on or before May 17, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. Motion carried 5-0. Case No. 98-1333: Brian and Jacqueline Fitzpatrick th Property Address: 220 NE 10 Avenue Violations: Chapter 10, Article II, Sections 10-24, Inc., NEC 384.13; PT3, LDR, Chapter 20-VIII, Sections 2.A, 2.B, 2.E, 2.H and PT3-LDR, Chapter 7.5-11, Section 5.B, SFPC 802.1.1, 603.2, 807.1, Inc. and 903.2.1. Units #1, 4, 5, 6, 8 & 10 dwelling units do not meet minimum standards governing the conditions of structures. The violations include exterior site deficiencies: (1) loose trash, (2) sub-standard landscaping, (3) all doors and windows need repairs and screens to meet code, (4) light fixtures in kitchen must not be exposed, (5) units must have baseboards, (6) all doors must be accessible at all times, (7) all hot water heaters must be operational, (8) all electrical panels must have proper covers and be accessible at all times and must be labeled, (9) all 26 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 21, 1999 electrical outlets must be covered with proper outlet covers, (10) all fixtures, as well as cabinets, interior walls and ceilings must be repaired per code, (11) all units must be equipped with smoke detectors and fire extinguishers, (12) all exterior lights must be in working order; paint exterior doors where needed; repair all holes, cracks in walls and all units must have water resistant floor covering; please supply all units with proper trash cans; also, irrigation must be in working condition. Inspector Webb stated the property was originally cited on March 31, 1999 as a result of a tenant complaint and the respondent is present. Mr. Fitzpatrick took the podium and pled no contest and asked for 90 days. Mr. Fitzpatrick said that he is working on each apartment and that no one is living in the apartments that he is working on. Mr. Fitzpatrick stated that as he completes an apartment he calls Inspector Webb for re-inspection in order that the apartment can be inhabited. Mr. Fitzpatrick said he has not completed all the apartments and no one is living in them. Mr. Fitzpatrick said he has put a great deal of money into the property and stated no one would be living in the apartments until they have been completed. Inspector Webb stated the tenant complaint related to infestation and presented pictures of the property to the Board. Mr. Fitzpatrick stated he now has a contract with Terminix to take care of the infestation problems and there are no problems on the property at this time. Chairman DeLiso inquired how many apartments remain that need repairs and Mr. Fitzpatrick stated that there are two left out of six apartments. Ms. Hammer stated that the condition of the property is shocking and asked if all the plumbing and fixtures have been replaced. The respondent said that he has done a considerable amount of work to the property. Motion Based on the testimony and evidence presented in Case No. 98-1333, Mr. Finkelstein moved that this Board find, as a matter of fact, and as a conclusion of law that Brian and Jacqueline Fitzpatrick are in violation of Code Sections Chapter 10, Article II, Sections 10-24, Inc., NEC 384.13; PT3, LDR, Chapter 20-VIII, Sections 2.A, 2.B, 2.E, 2.H and 27 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 21, 1999 PT3-LDR, Chapter 7.5-11, Section 5.B, SFPC 802.1.1, 603.2, 807.1, Inc. and 903.2.1. of the City Code of Ordinances. Mr. Finkelstein moved to order that the Respondents correct the violations on or before July 19, 1999. If the Respondents do not comply with this Order, a fine in the amount of $50.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. Motion carried 4 to 1 (Ms. Hammer dissenting). Case No. 99-0188: Jackie Fields/ Joseph Rollerson th Property Address: 219 NE 7 Avenue Violations: Chapter 10, Article II, Sections 10-24, Inc., Chapter 10, Article II, Section 10- 26 (E), Chapter 15, Article IX-15-120 (D) I, Inc.; PT3, LDR, Chapter 20-VIII, Sections 2.A, 2.B, 2.D, 2.E, 2.H, SFPC 603.2, and 10-2 of the B.B.C. or Ord. Dwelling is unfit for human habitation; vacate premises until corrective action is taken in order to meet minimum housing standards. Secure vacant dwelling until structure has been repaired. Housing violations are listed: (1) yard deficiencies include: trash and debris, uncontainerized trash, derelict objects in yard, missing grass in yard and swale, irrigation pump needs repair; (2) exterior structure deficiencies include: painting required on house, awnings and fascia. All windows must be weatherproof, watertight (caulking), have locking devices and screens and be operational in good repair; all doors must have secured and strong framing, be watertight, weatherproof, rodent-proof and have hardware and hinges in sound repair. (3) Interior violations: kitchen walls contain holes, cracks, ceiling needs repair. 28 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 21, 1999 All cabinetry needs to be rebuilt or repaired. Electrical (appliances, switches, fixtures, receptacle/cords) all need repair or replacement in every room in the house. Plumbing fixtures must be in good repair in kitchen and bathrooms. The bathrooms: walls contain holes, cracks. Ceilings need repair; floors need repair; water closets must be sanitary, working. Bathtub/shower (impervious to water and connected to hot and cold), ventilation required. Working exhaust fan or window with at least l ½ square feet of open space. Laundry room: repair water leaks, doors, walls, electrical mechanical violations. (4) standard fire prevention code: smoke detectors are not operable. (5) Severe infestation exists of both insects/vermin. Inspector Webb stated that the property was originally cited on July 24, 1998 for another long list of violations. th Joseph Rollerson, 219 NE 7 Avenue, Boynton Beach took the podium and pled no contest. Mr. Rollerson asked for 60 days. Chairman DeLiso inquired if anyone was living on the property and the respondent said no one lives on the property. Inspector Webb stated that the trash and debris has complied. Motion Based on the testimony and evidence presented in Case No. 99-0188, Ms. Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Jackie Fields and Joseph Rollerson are in violation of Code Sections Chapter 10, Article II, Sections 10-24, Inc., Chapter 10, Article II, Section 10-26 (E), Chapter 15, Article IX-15- 120 (D) I, Inc.; PT3, LDR, Chapter 20-VIII, Sections 2.A, 2.B, 2.D, 2.E, 2.H, SFPC 603.2, and 10-2 of the City Code of Ordinances. Ms. Hammer moved to order that the Respondents correct the violations on or before June 14, 1999. If the Respondents do not comply with this Order, a fine in the amount of $50.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of 29 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 21, 1999 Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. Motion carried 5-0. Chairman DeLiso requested that hearings for future lien reduction cases should be limited. However, Mr. Blasie stated that respondents want their cases heard. CERTIFICATION OF FINES Case No. 98-1571 Crystal L. Simpson 3201 N. Seacrest Blvd. Mr. Blasie requested that the case be tabled until the next meeting. Motion Mr. Foot moved that Case No. 98-1571 be tabled until the Code Compliance Board Meeting to be held on May 19, 1999. Motion seconded by Mr. Finkelstein. Motion carried 5-0. Case #98-2932 Carlos Martinez 3201 E. Palm Drive Mr. Blasie stated the property is in compliance and staff recommends no fine. Mr. Foot questioned why no fine was being recommended. Inspector Cain stated the reason the violator was late in complying was a lack of money. Inspector Cain said the property looks good. Motion Based on the testimony and evidence presented in Case No. 98-2932, Mr. Foot moved that this Board find, as a matter of fact, that the Respondent, Carlos Martinez, was in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc., subsequent to the date of compliance specified in this Board’s Order of December 16, 1998. Mr. Foot moved that this Board find that the Respondent failed to comply with this Board’s Order, and that this Board impose and certify a fine in the amount of $300 for the total fine. Motion seconded by Ms. Hammer. Inspector Cain stated Mr. Martinez does have any funds and that he put a lot of money into the property in trying to bring the property into compliance and $300 would be a substantial amount for him. Inspector Cain stated the City recommends no fine. 30 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 21, 1999 Inspector Cain stated Mr. Martinez was cooperative and did most of the work himself. Inspector Cain stated he told the respondent he did not have to attend tonight’s meeting since the property was in compliance. Mr. Foot amended his motion to change the $300 fine to a fine of “$0”. Ms. Hammer seconded the amended motion. Motion carried 5-0. Case #98-2980 Condor Investments of PB, Inc. 7000 High Ridge Rd. 430 N. G. Street #320 Lake Worth, FL 33460 Mr. Blasie stated the property was originally cited on August 13, 1998 for violations of the Standard Building Code. The case first came before the Board on February 17, 1999 and a date and fine was set for March 15, 1999 or $25.00 per day. The property complied on April 13, 1999 or 28 days of non-compliance. Mr. Rossi asked what the permit was for. Inspector Cain stated the respondent needed to pass all inspections on the permit. There was discussion if the violation pertained to the construction of a pool, which it did. Mr. Blasie stated the City would recommend no fine since he is not aware of why the pool permit did not get filed. Motion Based on the testimony and evidence presented in Case No. 98-2980, Mr. Foot moved that this Board find, as a matter of fact, that the Respondent, Condor Investments of PB, Inc., was in violation of the SBC ’94 Edition, Section 104.1.5, subsequent to the date of compliance specified in this Board’s Order of February 17, 1999. Mr. Foot moved that this Board find that the Respondent failed to comply with this Board’s Order, and that this Board impose and certify a fine in the amount of $500 for the total fine. Motion seconded by Ms. Hammer. Mr. Blasie said that it has been past practice if people have come into compliance that the Board usually does not set a fine. Inspector Barquin stated there was a problem with delivery of the heater, which caused the delay in compliance, but he was not sure of the entire circumstances. 31 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 21, 1999 The motion was denied 3-2. (Chairman DeLiso, Ms. Hammer, Mr. Finkelstein dissenting) Motion Based on the testimony and evidence presented in Case No. 98-2980, Mr. Finkelstein moved that this Board find, as a matter of fact, that the Respondent, Condor Investments of PB, Inc., was in violation of the SBC ’94 Edition, Section 104.1.5, subsequent to the date of compliance specified in this Board’s Order of February 17, 1999. Mr. Finkelstein moved that this Board find that the Respondent failed to comply with this Board’s Order and that this Board impose and certify no fine. Motion seconded by Ms. Hammer. Motion carried 3-2 (Messrs. Foot and Rossi dissenting). Case #98-3097 Lisha Thompson 3351 E. Atlantic Drive Mr. Blasie stated the property was originally cited on August 25, 1998 for violation of the City’s Appearance Code. The case first came before the Board on February 17, 1999 and a date and fine was set for March 15, 1999 or $25.00 per day. The property is still not in compliance. Mr. Blasie stated the respondent did not appear at the original hearing. Motion Based on the testimony and evidence presented in Case No. 98-3097, and having considered the gravity of the violations, the actions taken by the Respondent and any and all previous violations committed by the Respondent, Ms. Hammer moved that this Board find that Lisha Thompson has violated this Board’s prior Order of February 17, 1999, and this Board impose and certify a fine in the amount of $25.00 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. Motion seconded by Mr. Finkelstein. Motion carried 5-0. th Case #98-2103 John W. Thamarus, Jr. 815 NW 6 Ave. and Henry L. Renee Mr. Blasie stated the property was originally cited on June 7, 1998 for violation of the City’s Community Appearance Code. The case first came before the Board on 32 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 21, 1999 December 16, 1998 and a date and fine of January 19, 1999 or $25.00 per day. The property is not yet in compliance and no one appeared at the hearing. Motion Based on the testimony and evidence presented in Case No. 98-2103, and having considered the gravity of the violations, the actions taken by the Respondents and any and all previous violations committed by the Respondents, Ms. Hammer moved that this Board find that John W. Thamarus, Jr. and Henry L. Renee has violated this Board’s prior Order of December 16, 1998, and this Board impose and certify a fine in the amount of $25.00 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. Motion seconded by Mr. Finkelstein. Motion carried 5-0. th Case #98-3147 Carolyn T. Allen 525 NW 12 Avenue Mr. Blasie stated the property was originally cited on August 31, 1998 for violations of Section 10-52 of the B.B.C. of Ordinances. The case first came before the Board on February 17, 1999 and a date and fine was set for March 15, 1999 or $25.00 per day. The property is not yet in compliance and no one appeared at the hearing. Motion Based on the testimony and evidence presented in Case No. 98-3147, and having considered the gravity of the violations, the actions taken by the Respondent and any and all previous violations committed by the Respondents, Ms. Hammer moved that this Board find that Carolyn T. Allen has violated this Board’s prior Order of February 17, 1999, and this Board impose and certify a fine in the amount of $25.00 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. Motion seconded by Mr. Finkelstein. Motion carried 5-0. Case #98-3216 Nickolaos Rombakis 1017 N. Federal Hwy. 630 Lakeside Harbor Boynton Beach, FL 33435 33 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 21, 1999 Mr. Blasie stated the case was originally cited on October 20, 1998 for violation of the Land Development Regulations for landscape requirements and site maintenance. The case first came before the Board on January 20, 1999 and a date and fine was set for February 15, 1999 or $25.00. The property is not yet in compliance and no one appeared at the hearing. Motion Based on the testimony and evidence presented in Case No. 98-3216, and having considered the gravity of the violations, the actions taken by the Respondent and any and all previous violations committed by the Respondent, Ms. Hammer moved that this Board find that Nikolaos Rombakis has violated this Board’s prior Order of January 20, 1999, and this Board impose and certify a fine in the amount of $25.00 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. Motion seconded by Mr. Foot. Motion carried 5-0. th Case #98-3358 Robert Bridges 635 NW 5 Street Mr. Blasie stated the property was originally cited on October 28, 1998 for violation of the City’s Community Appearance Code. The case first came before the Board on January 20, 1999 and a date and fine of February 15, 1999 or $25.00 per day was set. The property is not yet in compliance and no one appeared at the hearing. Motion Based on the testimony and evidence presented in Case No. 98-3358, and having considered the gravity of the violations, the actions taken by the Respondent and any and all previous violations committed by the Respondent, Ms. Hammer moved that this Board find that Robert Bridges has violated this Board’s prior Order of January 20, 1999, and this Board impose and certify a fine in the amount of $25.00 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. Motion seconded by Mr. Finkelstein. Motion carried 5-0. 34 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 21, 1999 LIEN REDUCTION th Case No. 98-2660 Sergio & Suzanne DeLaRosa 506 SE 20 Court HCR 31 Box 816 Sandy Valley, NV 89019 Mr. Blasie stated that the respondents now live in Nevada and did not think they would show up for the hearing. The Board was referred to the letter from the Respondents and said the property was originally cited on July 13, 1998 for violation of the Community Appearance Code. The case first came before the Board on September 16, 1998 and a date and fine was set for compliance for September 27, 1998 or $50 per day fine. The property complied on October 23, 1998 for 25 days of non-compliance for a total fine of $625.00, plus administrative costs. Mr. Blasie presented photographs of the property to the Board taken on September 14, 1998 and two on October 21, 1998 st and two taken today (April 21). Mr. Blasie noted that service was made by posting the property since the owners had moved to Nevada. Inspector Roy stated he spoke with the respondent by telephone several times. The Board noted that the property is an historic structure and the respondents did a good job in fixing up the property. Motion Based on the testimony and evidence presented in Case No. 98-2660 and having been advised that the Respondents have complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board recommend to the City Commission that the fine instituted in Case No. 98-2660, by virtue of this Board’s Order of September 16, 1998 be reduced to $634.12 representing the administrative costs. Motion seconded by Mr. Rossi. Mr. Finkelstein noted the respondents paid $200 to have the case heard this evening. Chairman DeLiso stated he felt there should be no fine since the respondent was not aware of the violations and when the respondent did learn of the violations, fixed the property right away and the property looks very good. Motion denied 3-2. (Chairman DeLiso, Ms. Hammer and Mr. Finkelstein dissenting) 35 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 21, 1999 Motion Based on the testimony and evidence presented in Case No. 98-2660, and having been advised that the Respondents have complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Finkelstein moved that this Board recommend to the City Commission that the fine instituted in Case No. 98-2660, by virtue of this Board’s Order of September 16, 1998, be rescinded and that the lien imposed by that Order by released. Motion seconded by Ms. Hammer. Motion carried 3-2 (Messrs. Rossi and Foot dissenting). th Case #98-3960 Patricia E. Dupras 1205 NW 13 Avenue Mr. Blasie stated that staff recommends tabling this case and stated the respondent had two cases on tonight’s agenda. Motion Ms. Hammer moved that Case No. 98-3960 be tabled until the Code Compliance Board Meeting to be held on May 19, 1999. Motion seconded by Mr. Foot. Motion carried 5-0. th Case #98-3960 Patricia E. Dupras 1205 NW 13 Avenue Mr. Blasie stated that staff recommends tabling this case. Motion Ms. Hammer moved that Case No. 98-3960 be tabled until the Code Compliance Board Meeting to be held on May 19, 1999. Motion seconded by Mr. Foot. Motion carried 5-0. CASES TO BE HEARD Case #99-0088 Rogelio M. Pablo nd Property Address 2112 NE 2 Court Violations: Chapter 15, Article IX-15-120 (D), Inc., PT3-LDR, Chapter 2, Section 4.J.1 and 15-16 of the B.B.C. of Ord.; 36 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 21, 1999 Please install grass where bare spots occur; repair broken windows, cut hedges to a maximum height of 4’ in front yard; install house number visible from the adjacent street. Mr. Melillo stated the case was originally cited on January 11, 1999 through routine inspection. Service was made by posting and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-0088, Mr. Finkelstein moved that this Board find, as a matter of fact, and as a conclusion of law that Rogelio M. Pablo is in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc., PT3- LDR, Chapter 2, Section 4.J.1 and 15-16 of the B.B.C. of Ord. Mr. Finkelstein moved to order that the Respondent correct the violations on or before May 19, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re- inspection of the property to verify compliance with this Order. Motion seconded by Ms. Hammer. Motion carried 5-0. Case #98-4062 Ralph Eccles Property Address 80 S. Atlantic Drive E. Violations: Chapter 15, Article IX-15-120 (D), Inc., and 15-16 of the B.B.C. of Ord.; Please mow yard and swale; remove trash from swale and yard area; install house number on house. Mr. Barquin stated the property was originally cited on November 25, 1998 through routine inspection and service was obtained by posting. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 98-4062, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Ralph Eccles is in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc. and 15-16 of the B.B.C. of Ord. Mr. Foot moved to order that the Respondent correct the violations on or before May 19, 1999. If the Respondent does not comply with this Order, a fine in the 37 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 21, 1999 amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Finkelstein. Motion carried 5-0. Case #99-0081 Elaine and Jerry Hyman Property Address 2010 SW Golf Lane Violations: Chapter 15, Article IX-15-120 (B) 2, Inc., and 13-16 of the B.B.C. of Ord.; Please repair all exterior garage, side and rear doors, roof needs repair of missing shingles; rental house requires an occupational license. Mr. Lewis stated the property was originally cited on January 9, 1999 and service was made by posting. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-0081, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Jerry and Elaine Hyman are in violation of Code Sections Chapter 15, Article IX-15-120 (B) 2, Inc. and 13-16 of the B.B.C. of Ord. Mr. Foot moved to order that the Respondents correct the violations on or before May 19, 1999. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Finkelstein. Motion carried 5-0. Case #99-0084 Suzanne E. Morton st Property Address 315 NW 1 Avenue Violations: 13-16 of the B.B.C. of Ord.; Occupational license required. Mr. Lewis stated the property was originally cited on January 9, 1999 through routine inspection. Service was made by hand carry. The City recommends 30 days. 38 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 21, 1999 Motion Based on the testimony and evidence presented in Case No. 99-0084, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Suzanne E. Morton is in violation of Code Sections 13-16 of the B.B.C. of Ord. Mr. Foot moved to order that the Respondent correct the violation on or before May 19, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re- inspection of the property to verify compliance with this Order. Motion seconded by Mr. Finkelstein. Motion carried 5-0. Case #98-4175 Faisal Hassan Property Address 3195 E. Atlantic Dr. Violations: Chapter 15, Article IX-15-120 (D), Inc.; please remove all unregistered or inoperable vehicles from property. Mr. Cain stated the property was originally cited on December 8, 1998 through routine inspection. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 98-4175, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Faisal Hassan is in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc. of the City Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violations on or before May 19, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Finkelstein. Motion carried 5-0. Case #99-0133 Raymond and Linda Murphy-Torres th Property Address 101 NE 27 Avenue Violations: Chapter 15, Article IX-15-120 (D), Inc., 10-2 and 13-16 of the B.B.C. of Ord.; Please mow and de-weed yard; install 39 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 21, 1999 sod in yard and swale; repair fence or take it down; every rental unit must be licensed. Mr. Cain stated the property was originally cited on January 13, 1999 through routine inspection. The City recommends 30 days. Mr. Cain stated that the sod and the gate have complied. The only remaining violation is the occupational license. Motion Based on the testimony and evidence presented in Case No. 99-0084, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Raymond and Linda Murphy-Torres are in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc., 10-2 and 13-16 of the B.B.C. of Ordinances. Mr. Foot moved to order that the Respondents correct the violation on or before May 19, 1999. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Finkelstein. Motion carried 5-0. Case #98-4028 California Federal Bank FKA th Property Address 152 SE 27 Court Violations: Chapter 15, Article IX-15-120 (D), Inc.; Restore bare areas of lawn and swale and maintain weed free per City Codes. Inspector Roy stated the property was originally cited on November 21, 1998 through routine inspection. Service was accomplished by posting and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 98-4028, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that California Federal Bank fka is in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc. of the City Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violation on or before May 19, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach 40 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 21, 1999 Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Finkelstein. Motion carried 5-0. Case #99-0032 Kazimiera A. Brouillette nd Property Address 2881 SE 2 Street Violations: 13-16 of the B.B.C. of Ord.; Occupational license is required for duplex. Inspector Roy stated the property was originally cited on January 5, 1999 through a complaint from the Occupational License Department. Service was accomplished by certified mail and the City recommends 10 days. Motion Based on the testimony and evidence presented in Case No. 99-0032, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Kazimiera A. Brouillette is in violation of Code Sections 13-16 of the City Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violation on or before May 1, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re- inspection of the property to verify compliance with this Order. Motion seconded by Ms. Hammer. Motion carried 5-0. Case #99-0146 Boynton Industrial Park Associates Crown Realty and David Rustine Property Address 1000 W. Industrial Avenue Violations: Chapter 15, Article IX-15-120 (A) and SBC ’94, 3401.6. Repair concrete fence on west property line. Clean all trash and debris and mow all overgrowth; maintain right of way per City Codes Inspector Roy referred the Board to a letter in their packet from Crown Realty. The property was cited as a result of a neighborhood association complaint. Service was accomplished by hand carry. 41 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 21, 1999 Motion Based on the testimony and evidence presented in Case No. 99-0146, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Boynton Industrial Park Associates, Crown Realty and David Rustine are in violations of Code Sections Chapter 15, Article IX-15-120 (A) and SBC ’94, 3401.6 of the City Code of Ordinances. Mr. Foot moved to order that the Respondents correct the violation on or before May 19, 1999. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Finkelstein. Motion carried 5-0. Case #99-0242 Iluminada Morse nd Property Address 3613 SE 2 Court Violations: Chapter 15, Article IX-15-120(D), Inc., PT3-LDR, Chapter 20-VIII, Sections 1- G and 2-A; structure to be secured to prevent entry by the public. Pool to be cleaned and secured to prevent entry by the public. Trash to be removed from yard. Roof to be repaired. Ceilings to be repaired. Trash and debris to be cleared from interior. Inspector Roy stated the property was originally cited on January 28, 1999 through a routine inspection and the City recommends 10 days. Chairman DeLiso inquired if the property was occupied and Inspector Roy said the property was vacant. Motion Based on the testimony and evidence presented in Case No. 99-0242, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Iluminada Morse is in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc., PT3-LDR, Chapter 20-VIII, Sections 1-G and 2-A of the City Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violations on or before May 1, 1999. If the Respondent does not comply with this Order, a fine in the amount of $200.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to 42 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 21, 1999 contact the City of Boynton Beach Code Compliance Division to arrange for re- inspection of the property to verify compliance with this Order. Motion seconded by Ms. Hammer. Motion carried 5-0. Case #98-1639 Perry L. and Patricia A. Patterson nd Property Address 518 NW 2 Street Violations: Chapter 15, Article IX-15-120(D), Inc.; Repair driveway, remove all loose debris; sod all bare areas in yard. Inspector Webb stated the property was cited as a result of a citizen’s complaint and service was obtained by hand carry and staff recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 98-1639, Ms. Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Perry L. and Patricia A. Patterson are in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc of the City Code of Ordinances. Ms. Hammer moved to order that the Respondents correct the violations on or before May 19, 1999. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. Motion carried 5-0. Case #98-2805 Willie J. and Eva M. Hollis th Property Address 111 NW 6 Avenue Violations: Chapter 15, Article IX-15-120 (E) 2A and 120 (D) I, Inc.; Minimum appearance standards Section 15- 120, lot must be covered by a lawn and maintained. House requires painting; trim shrubs and maintain. Inspector Webb stated that the property was originally cited on July 27, 1998 from a citizen’s complaint. Service was made by hand carry and staff recommends 30 days. 43 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 21, 1999 Motion Based on the testimony and evidence presented in Case No. 98-2805, Ms. Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Willie J. andEva M. Hollis are in violation of Code Sections Chapter 15, Article IX-15-120 (E)2A and 120 (D) 1, Inc of the City Code of Ordinances. Ms. Hammer moved to order that the Respondents correct the violations on or before May 19, 1999. If the Respondents do not comply with this Order, a fine in the amount of $150.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. Motion carried 5-0. Case #99-0224 Our Future, Inc. th Property Address 403 NE 11 Avenue Violations: PT3-LDR, Chapter 20-VIII, Section 1.G; secure structure to prevent entry by the public. Inspector Webb stated that the property was originally cited on January 26, 1999 from a citizen’s complaint. Service was made by posting and staff requests that the Board render an Order in this case pursuant to Boynton Beach Code of Ordinances, Chapter 2, Article V, 62-79 to recommend to the City Commission that the City will abate the nuisance by making all reasonable repairs to bring the property into compliance and to charge the violators for the cost of the repairs along with the fines incurred in this case. Motion Based on the testimony and evidence presented in Case No. 99-0224, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Our Future,Inc. is in violation of Code Sections PT3-LDR, Chapter 20-VIII, Section 1.G of the City Code of Ordinances. Mr. Foot moved that the Board render an Order in this case pursuant to the Boynton Beach Code of Ordinances, Chapter 2, Article V, 62-79 and recommend to the City Commission that the City abate the nuisance by making all reasonable repairs to bring the property into compliance and to charge the violators for the cost of the repairs along with the fines incurred in this case. If the Respondent does not comply with this Order by May 1, 1999, a fine in the amount of $250.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Ms. Hammer. 44 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA APRIL 21, 1999 Motion carried 5-0. VII. OTHER BUSINESS A. AUTHORIZATION TO FORECLOSE Case No. 98-1201 Carey & Loretha Daniels Case No. 98-1935 Rosalind Morton Case No. 98-1991 Barry Brinson & Phylia Gamble Case No. 98-1151 Maria Morzelles Case No. 98-2032 David and Kathryn Wagy Case No. 98-2166 FFCA/IIP 1989 Property Co. Case No. 98-2064 Michael Morgan Case No. 98-1986 Dominic & Vivian Miceli Motion Mr. Foot moved that the cases listed on tonight’s Agenda be forwarded to the City Attorney’s Office for foreclosure. Motion seconded by Mr. Finkelstein. Motion unanimously carried. VIII ADJOURNMENT Motion Ms. Hammer moved that the meeting adjourn. Motion seconded by Mr. Foot and unanimously carried. The meeting properly adjourned at 11:15 p.m. Respectfully submitted, ______________________________ Barbara M. Madden Recording Secretary (four tapes) 45