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Minutes 12-15-99 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, DECEMBER 15, 1999 at 7:00 P.M. PRESENT Christopher DeLiso, Chairman Peter J. Bober, Assistant City Bob Foot Attorney Patti Hammer, Vice Chair Scott Blasie, Code Compliance Dick Lambert Administrator James Miriani Inspectors: Ralph Barquin Enrico Rossi Courtney Cain Sarah Williams, Voting Alternate Luney Guillaume Thomas Walsh, Alternate Skip Lewis Mike Melillo Pete Roy Willie Webb I. CALL TO ORDER Chairman DeLiso called the meeting to order at 7:07 p.m. II. APPROVAL OF MINUTES OF NOVEMBER 17, 1999 MEETING Chairman DeLiso called for a motion to approve the minutes of the November 17, 1999 meeting. Mr. Foot stated that he had some corrections, which should be made to the minutes of the November 17, 1999 meeting as follows: Mr. Foot stated that there were several references to the words “Environmental Revenue “ and the words should be “Environmental Review”. This appeared on pages 5 and 8. The Recording Secretary stated that it sounded on the tape that “Environmental Revenue” was stated. Also, Mr. Foot stated that using the word “violator” is inappropriate and that the word should be “respondent”. Mr. Foot stated a person should not be referred to as a “violator” until they have been deemed guilty. Chairman DeLiso requested that the Recording Secretary correct the wording. The Recording Secretary stated that she has referred to a person as a “violator” throughout all the code meetings and asked if the word should be changed MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA December 15, 1999 beginning tonight, or should she go all the way back to when she started taking minutes? Mr. Foot said he is very concerned about the first case since it has now resulted in a suit. Mr. Foot said using the term “violator” indicated prejudice on the part of this Board. Mr. Foot also requested that on Page 3 the word future “appearances” which appears in the second full paragraph should read “violations”. Mr. Blasie said that the word should probably have been “occurrences”. (After listing to the tape from the meeting, the Recording Secretary confirmed that Inspector Barquin did state “appearances”.) Assistant City Attorney Bober stated that the Code refers to someone who has been issued a notice of violation as a “violator”. Assistant City Attorney Bober stated that the Board by calling someone a “violator” is not prejudicial to the extent that the Code refers to a person that the Code Inspector has reason to believe has caused a violation to occur. That person is referred to as a “violator” in the Code. The minutes could be amended to state “alleged violator”, if the Board prefers, but Assistant City Attorney Bober said there is no inherent problem with using the term “violator”. Chairman DeLiso stated he did not want to add any further fuel to the fire regarding the suit since the suit has already been filed. Chairman DeLiso did not see any point to changing the minutes and feels by changing the minutes would be saying the Board is trying to undue what it has done. Chairman DeLiso further stated that he felt the Code Enforcement as a whole acted properly in its decision in the Hubert case. Chairman DeLiso said anybody has a right to sue and doesn’t think it is appropriate to change the minutes. Chairman DeLiso suggested in the future the words “alleged violator” could be used in place of “violator”, but stated the Code said if they are in violation they are a “violator”. Mr. Foot restated that he feels a person is not a violator until they are judged a violator. However, Mr. Foot did acknowledge that the Assistant City Attorney stated that the term “violator” is in the statutes and could be used. However, Mr. Foot feels the Board is prejudicing its situation by referring to violators in the minutes. Mr. Foot said the minutes are not records until they are approved as minutes. 2 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA December 15, 1999 Motion Mr. Foot moved that the minutes be changed to state that wherever the term “violator” is used it be changed to either “respondents” or “alleged violators”. Motion died for lack of a second. Chairman DeLiso asked Assistant City Attorney Bober if the Board could continue to refer to a potential violator as a violator. Assistant City Attorney Bober said there is no problem with that. Motion Mr. Foot moved that the term “appearances” on Page 3 of the minutes be changed to “occurrences”. The Recording Secretary responded that these were the words of Inspector Barquin. Mr. Foot insisted that the word “appearances” be changed to “occurrences”. There was no second to the motion; therefore the motion died. Motion Mr. Rossi moved to approve the minutes of the November 17, 1999 meeting. Motion seconded by Vice Chair Hammer. Motion carried 6-1 with Mr. Foot dissenting. III. APPROVAL OF THE AGENDA Chairman DeLiso asked Mr. Blasie if there were any additions or deletions to the Agenda. Mr. Blasie requested that the following cases should be deleted from the Agenda. A. Page 9 (Case No. 99-2435), Carey & Loretha Daniels (removed) B. ) Page 10 (Case No. 99-2505), Ada Thompson (removed C. Page 11 (Case No. 99-2579), Joseph Nowell (removed) D. Page 12 (Case No. 99-2638), T.J. Cunningham (removed) E. Page 14 (Case No. 99-2791), Ernestine Clark (removed) F. Page 17 (Case No. 99-2068), David Nicholls (removed) G. Page 18 (Case No. 99-2258), Steven & Donna Ernst (removed) 3 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA December 15, 1999 Motion Vice Chair Hammer moved that the Agenda, as amended, be approved. Motion seconded by Mr. Lambert. Motion unanimously carried. IV. SWEARING IN OF WITNESSES AND INTRODUCTION Chairman DeLiso requested that Mr. Blasie call the roll. Mr. Blasie asked that all persons who were present to please say “here” when their names are called. Chairman DeLiso requested that the Recording Secretary administer the oath to all persons who would be testifying this evening. V. NEW BUSINESS Chairman DeLiso stated that this Board follows Florida State Statute 162 and the Board is a quasi-judicial Board and has a plea system. When a person comes up to the podium he or she should state his or her name and address for the record. If you feel that the violation does occur at your property, but you need more time to bring the property into compliance, you can plead “no contest” and ask for a reasonable amount of time to bring the property into compliance. The Board usually will grant a reasonable amount of time to bring the property into compliance. A person can plead “not guilty” if he feels that a violation on the property does not exist. In that case, the City would put on their case and the respondent will present his case. The Board would then determine if a violation does in fact occur at the property. A reasonable amount of time will be given if you are found guilty to bring the property into compliance. If not guilty, the case would be dismissed. When the violation has been corrected within the allotted amount of time, a respondent will not need to appear before this Board again. However, if the violation is not corrected, a fine will begin to accrue and the respondent will have to reappear before this Board. A. CASES TO BE HEARD Case No. 99-1584 Knuth Gas & Oil Co. Property Address: 3510 W. Boynton Beach Blvd. Violations: SBC ’94 Edition, 104.1.1; permits required for satellite dish and shall be screened for 600’ in all directions. See “red tag” dated 6/25/99. Inspector Lewis stated the case was originally cited on June 20, 1999 for violation of the Standard Building Code. 4 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA December 15, 1999 st Mr. Alex Mitnik , 3300 NE 191 St., Aventura, Florida, General Manager of the Amoco station known as Knuth Gas & Oil took the podium and pled no contest. The respondent requested 60 days for compliance. The City agreed to 60 days. Motion Based on the testimony and evidence presented in Case No. 99-1584, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Knuth Gas & Oil Inc. is in violation of Code Sections SBC ’94 Edition, 104.1.1 of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violation on or before February 14, 2000. If the Respondent does not comply with this Order, a fine in the amount of $50.00 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 reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Hammer. Motion carried 7-0. Case No. 99-1879 Marie M. & Marie L. Adolphe st Property Address: 2751 NE 1 Street Violations: Chapter 15, Article IX-15-120 (D), Inc., 13-16 and 15-16 B.B.C.; Occupational license is required to rent house; please sod north side of driveway; put house number on house; remove all appliances and open storage from carport. Inspector Cain stated the case was originally cited on July 7, 1999 for violation of the Community Appearance Code and occupational license required. The violation was discovered through routine inspection and the respondent is present. Inspector Cain stated that Article IX-15-120 (D) and 15-16 have complied. Occupational license is still not in compliance. Ms. Marie Adolphe, 5731 Lincoln Circle East, Lake Worth, Florida took the podium and pled no contest. The respondent asked for 60 days. Staff agreed to 60 days. Motion Based on the testimony and evidence presented in Case No. 99-1879, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of 5 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA December 15, 1999 law that Marie M. and Marie L. Adolphe are in violation of Code Sections 13-16 B.B.C. of the City Code of Ordinances. Mr. Lambert moved to order that the Respondents correct the violation on or before February 14, 2000. 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 reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. Motion carried 7-0. Case No. 99-2674 Pedro & Catalina M. Infance Property Address: 3450 Ocean Parkway Violations: Chapter 15, Article IX-15-120 (D), Inc., 10-2 and 13-16 B.B.C.; Occupational license is required to rent house; yard is overgrown; please mow, de- weed, define and resurface driveway; please install sod in yard and swale wherever dead or bare spots occur. Inspector Cain stated the property was originally cited on October 27, 1999 for violations of the City’s Community Appearance Code and occupational license required. The property was cited through a routine inspection of the neighborhood and the respondents are present. Ms. Luis Santiago said he would be speaking for the respondent who does not speak English. Mr. Santiago stated that Mr. Infance lived at 3461 Ocean Parkway, Boynton Beach, Florida. Chairman DeLiso asked Mr. Santiago if the respondent understood why he was present tonight and what the violations allege? Mr. Santiago said he explained this to him. Mr. Santiago said the respondent is pleading no contest and is requesting 90 days. Inspector Cain stated that Section 13-16 has complied and should be removed from the violation. Inspector Cain said he was informed by the owner tonight that his sons live on the property and that he does not rent the property. Motion Based on the testimony and evidence presented in Case No. 99-2674, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of 6 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA December 15, 1999 law that Pedro and Catalina M. Infance are in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc. and 10-2 of the Code of Ordinances. Mr. Lambert moved to order that the Respondents correct the violation on or before March 13, 2000. 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 reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Hammer. Motion carried 7-0. VI. OLD BUSINESS A. LIEN PENALTY CERTIFICATIONS (Tabled) Case No. 99-257 David P. Penegor 416 S. Seacrest Blvd. 8042 Rose Marie Avenue Boynton Beach, FL 33437 Chairman DeLiso requested to view the photographs and Inspector Lewis said he did not take any photos. Inspector Lewis stated the property was cited on January 29, 1999 for violations of the Community Appearance Code and Occupational License Required. The Compliance Board hearing was May 19, 1999 and the respondent did appear. A compliance date of August 16, 1999 was set or be fined $25.00 per day. The property complied on November 30, 1999 for 105 days of non-compliance. Mr. David P. Penegor , 8042 Rose Marie Avenue East, Boynton Beach, Florida took the podium. Chairman DeLiso asked him why it took so long for the property to comply. Mr. Penegor said it took a long time to evict the tenant on the one side so he could start the work. The respondent said he had problems getting the cabinets and it took almost two and one-half months before the cabinets were installed. Mr. Penegor said he spent approximately $5,000 in repairs. Plumbing costs were approximately $1,200, the kitchen cabinets cost $1,600 and it cost $1,100 to replace the windows. The remaining $1,500 were for miscellaneous items, such as doors. Chairman DeLiso requested that the next time there is a certification of fine and the property is in compliance, it would be appropriate to have photos for the Board to inspect in order to justify why the Board determined not to impose a fine. Inspector Lewis said that the respondent has cooperated and has appeared at all the hearings. Inspector Lewis said that he had given the respondent a list of what needed to be done and he went beyond that. 7 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA December 15, 1999 Ms. Williams asked what staff is recommending and Inspector Lewis said the City is recommending no fine. Motion Based on the testimony and evidence presented in Case No. 99-257, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondent David P. Penegor was in violation of Code Section Chapter 15, Article IX-15-120 (D) 1, Inc. and Section 13-16 of the B.B.C. of Ordinances, subsequent to the date of compliance specified in this Board’s Order of May 19, 1999. Mr. Lambert 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 or administrative costs in this case. Motion seconded by Vice Chair Hammer. Mr. Foot said that administrative costs should be assessed in this case to cover the City’s expenses. Vice Chair Hammer noted that the respondent spent over $5,000 on the property and the eviction procedure held him up. Vice Chair Hammer did not feel that any fine should be assessed. Motion carried 6-1 (Mr. Foot dissenting). Case #99-341 Alpine Seven Company, Inc. 1112 N. Federal Hwy. Inspector Webb stated the property was cited on March 12, 1999 for violation of the Community Appearance Code. At the Code Compliance Board Hearing date of May 19, 1999, the respondent did appear. A compliance date of June 14, 1999 was set or be fined $25.00 per day. The property is not yet in compliance and there are 184 days of non-compliance. The respondent is present. Mr. Lloyd Powell , said he is agent for the Alpine Seven Company, Inc. and the respondent said when he appeared at the hearing date, he advised the Board that he was involved with an insurance company in this matter. Mr. Powell said he filed a suit against the insurance Company. The case finally came up in the th Palm Beach County Court on November 19. On December 3, 1999 the court found for the plaintiff. Unfortunately, the order had a clerical error, Mr. Powell said his attorney had to file a plea with the court to correct the clerical error. Vice Chair Hammer asked what the clerical error was and Mr. Powell said it named two defendants and one defendant had been removed and when the finding was issued that other defendant was still named. Vice Chair Hammer asked when the new court date was and Mr. Powell said a new date has not been set and the plea was just filed with the Court today by his attorney. 8 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA December 15, 1999 Mr. Lambert noted that the Board had only two choices. The Board could either certify the fine or table the case. Chairman DeLiso asked how long the case has been tabled and was informed it has been since the June 14, 1999 hearing date. Mr. Lambert asked what would happen to the vehicle at the conclusion of this case? Mr. Powell said the insurance company will have ownership of the vehicle and Mr. Powell will be paid the amount awarded to him by the court. Mr. Lambert asked how much more time would be needed to clear this up and Mr. Powell said it should be done within 30 days. Motion Mr. Lambert moved that Case No. 99-341 be tabled until the Code Compliance Board Meeting to be held on February 16, 2000. Motion seconded by Mr. Foot. Chairman DeLiso noted that the case keeps getting tabled and perhaps if the Board had certified the fine, it might have helped the respondent. Mr. Powell said the insurance company is fully aware of the action taken by the Code Compliance Board. Mr. Miriani said he would like to see something in writing as to what has been transpiring between the respondent and the insurance company. This would assist the Board when making a determination. Mr. Powell said he would provide a copy of the court order and his attorney’s request to correct the clerical error. Chairman DeLiso requested that the Code Compliance Department prepare a letter to the insurance company and inform them that after February there will be no more extensions. Chairman DeLiso called for a vote for the motion on the floor. Motion carried 7-0. CASES TO BE HEARD Case No. 99-972 Margarett E. Morrison th Property Address: 221 NE 16 Avenue Violations: Chapter 15, Article IX-15-120 (E) 2A; Please paint your house. Inspector Melillo stated that the respondent arrived at the meeting after the swearing in of witnesses. Inspector Melillo stated the case was originally cited on April 27, 1999. The property was cited through a neighbor’s complaint and service was accomplished by certified mail. The respondent is present tonight. Chairman DeLiso requested that the Recording Secretary administer the oath to the respondent. 9 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA December 15, 1999 th Ms. Denise Grimes , 221 NE 16 Avenue pled no contest and requested 60 days. Inspector Melillo said that the original citation was to paint your house, but the respondent has gone beyond that and plastered the walls. However, the house still is not finished. Motion Based on the testimony and evidence presented in Case No. 99-972, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Margarett E. Morrison is in violation of Code Sections Chapter 15, Article IX-15- 120 (E) 2A. Mr. Foot moved to order that the Respondent correct the violations on or before February 14, 2000. 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 reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Williams. Motion carried 7-0. B. LIEN PENALTY CERTIFICATIONS st Case #99-1510 Oraide Dorsinvill 2122 NE 1 Street & Wilner Metrat Inspector Melillo stated that the respondents were not sworn in and that Inspector Guillaume will be needed for interpreting. Inspector Melillo said that the notice of violation date was June 22, 1999 for violation of the City’s Community Appearance Code. The respondent did appear at the August 18, 1999 Code Compliance Board Hearing. A compliance date of November 15, 1999 was set or be fined $25.00 per day. The property is not yet in compliance. The respondent spoke with Inspector Guillaume earlier and asked that the case be tabled. Her mother who owns the property and lives there has been admitted to the hospital and is very sick and they would like the case tabled for 30 days so that they could get the property into compliance. Chairman DeLiso inquired what was needed to be done on the property and Inspector Melillo said the property needs to be de-weeded and the front yard is river rock and grass and weeds are growing up through it. Also, there is no grass in the swale. Chairman DeLiso requested to view the photos of the property. Mr. Lambert asked if the respondent fully understood what needed to be done, as it appears from the photos that there is a lot of work to be done. Chairman DeLiso did not think the property could comply within 30 days. 10 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA December 15, 1999 Motion Mr. Lambert moved that Case No. 99-1510 be tabled until the Code Compliance Board Meeting to be held on January 19, 2000. Motion seconded by Mr. Rossi. Ms. Williams asked if the respondent was aware that she could get help from the Community Improvement Department if she has a financial hardship. Inspector Guillaume explained to the respondent what the Board just voted on and what had to be done to the property. Chairman DeLiso wanted assurances that the respondent understood what is taking place. Motion carried 7-0. th Case #99-1899 Pence Properties, Inc. 413 SE 4 Street th 1622 NE 4 Street Boynton Beach, FL 33435 Inspector Lewis stated the notice of violation date was July 30, 1999 for violation of occupational license required. No one appeared at the Compliance Board Hearing Date on October 20, 1999. A compliance date of November 15, 1999 was set or be fined $25.00 per day. The property has not complied. Mr. Mike Bowden , 4283 Fox Trace, Boynton Beach took the podium and presented a copy of a contract that was entered into with a contractor to have the property brought up to code. Inspector Lewis stated the property needed to be inspected by the Fire Department and it did not pass. Chairman DeLiso asked the respondent how many units were on the property and he stated seven. Mr. Bowden stated they have tried to bring the property into compliance and have permits for the work. Mr. Bowden said he was not aware that he needed a license. Since the City cited the property, they have been trying to bring the property into compliance. Mr. Bowden said they are doing what was asked of them, but there have been no follow up inspections. Mr. Bowden said that the electrical work should be completed by next week. All the other items that were requested have been taken care of. There is a question of door closures for certain doors, since there were never door closures previously. Motion Mr. Foot moved that Case No. 99-1899 be tabled until the Code Compliance Board Meeting to be held on January 19, 2000. Motion seconded by Vice Chair Hammer. 11 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA December 15, 1999 Motion carried 7-0. Chairman DeLiso suggested if the respondent was unable to get an answer to his questions, he should contact the City Manager’s Office, the Fire Chief or Police Chief. th Case #99-1901 Michael W. Bowden 407 SE 4 Street th 1622 NE 4 Street Boynton Beach, FL 33435 Inspector Lewis stated the property was cited on July 30, 1999 for violation of the Community Appearance Code, the Land Development Regulations and the Standard Building Code. No one appeared at the October 20, 1999 hearing date. A compliance date of November 15, 1999 was set or be fined $25.00 per day. Mr. Bowden said that a handyman was performing the work on the property and there was a porch that had old screens in it. The handyman was asked to take the screens out and put windows in. There was an incident at the property where a dog attempted to bite the Florida Power & Light meter reader. When the City personnel arrived, they noticed that the supports were off the screened-in porch. Also, the property was cited for some other items. Mr. Bowden stated they had already spent $800 for the work that had been done and were told that this work had to be done by a contractor and the work had to be torn out. Mr. Bowden hired a contractor to do the work and the work is almost completed. To date he has spent $5,800 plus another $1,200 to have the property brought into compliance. Mr. Bowden said the property is only appraised at $70,000. Mr. Bowden presented a copy of the contract for $5,800 plus other funds that he has spent to bring the property into compliance. Ms. Williams inquired if there were tenants in the property and was informed there were. Motion Mr. Foot moved that Case No. 99-1901 be tabled until the Code Compliance Board Meeting to be held on January 19, 2000. Motion seconded by Mr. Lambert. Motion carried 7-0. th Case #98-3540 Warren Kowalski 410 NE 5 Avenue 630 Boca Marina Court Boca Raton, FL 33487 12 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA December 15, 1999 Inspector Webb stated that the property was cited on October 2, 1998 for violations of a permit required and occupational license required. The respondent appeared at the May 19, 1999 Code Compliance Board Hearing. A compliance date was set for November 15, 1999 or be fined $25.00 per day. The property is not yet in compliance. Mr. Warren Kowalski , 630 Boca Marina Court, Boca Raton, Florida took the podium and said the property is not in compliance because the building contractor never did the work. Mr. Kowalski said he applied for the building th permit to bring the containment area into compliance on November 17. Mr. Kowalski said he has tried to get the permit issued by the Building Department and they have not gotten back to him. He wants to do the work, but he needs the permit. Chairman DeLiso asked who was in charge of permitting and Mr. Blasie stated it was Michael Haag. Chairman DeLiso suggested tabling this case in order to determine the status of the building permit. Motion Mr. Foot moved that Case No. 98-3540 be tabled until the Code Compliance Board Meeting to be held on January 19, 2000. Motion seconded by Vice Chair Hammer. Motion carried 7-0. CHAIRPERSON DeLISO CALLED FOR A RECESS AT 8:20 P.M. THE MEETING RECONVENED AT 8:30 P.M. D. LIEN REDUCTIONS Case #98-3095 Christopher & Pamela Slunt 3350 E. Atlantic Drive Gregory Dawson 3 Harbor Drive S. Ocean Ridge, FL 33435 Mr. Blasie said that this case should be removed from the agenda since it is going to foreclosure. Motion Vice Chair Hammer moved that Case #98-3095 be removed from the agenda. Motion seconded by Mr. Foot. Motion carried 7-0. 13 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA December 15, 1999 nd Case #96-5939 Robert & Sheryl Melka 2280 NW 2 Street th 450 NE 10 Street Boca Raton, FL 33430 Mr. Blasie stated this applicant has two lien reductions and this is the first case. This case was cited in 1996 and there is a 1998 case. Each case had a different inspector, but basically the violations were the same. Mr. Lambert asked why there were two cases? Mr. Blasie said a different inspector sited the property in 1998 and staff did not realize that there already was a lien on the property. Mr. Blasie said the property was originally cited on December 31, 1996 for violations of the City’s Appearance Code and came before the Board on March 19, 1997 and no one appeared. A compliance date of April 15, 1997 was set or be fined $25.00 per day. The property complied today. There were 973 days of non-compliance, which comes to $24,325.00, plus administrative costs of $730.15. Mr. Blasie presented three pictures taken on October 21, 1998 and two pictures that were taken today to the Board for their review. Chairman DeLiso inquired if the respondent has always been the owner of the property and Mr. Blasie said he has. Mr. Blasie said the property was cited because a large area of the front yard did not have any grass. th Mr. Robert Melka, 450 NE 10 Street, Boca Raton assumed the podium and stated approximately one year ago he was involved in a business venture and lost everything that he had. Mr. Melka said he had this one piece of property that was rented to a bad tenant, but couldn’t do anything about. This tenant kept destroying the lawn. The tenant had about five children and kept breaking out the windows. Mr. Melka said he did put in a new driveway to try to keep the property up, but he didn’t have any money to evict the tenant. Mr. Melka said he deeded the property back to the bank, but the bank never recorded the deed because he signed an affidavit when he deeded the property back to the bank stating that there were no liens on the property. Mr. Melka said that at that time, he did not know there were liens on the property. Therefore, because the bank never recorded the deed, the property is still in his name. The bank will probably go through a foreclosure, which will wipe out the lien. Mr. Melka said he had a buyer for his house in Boca Raton and had a closing set for this coming Monday, but because of the lien on the Boynton Beach property, he is unable to sell his house in Boca Raton and the deal fell through. He said that he moved out of his house and rented a small place because he thought his 14 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA December 15, 1999 house was sold and he said he is really in a jam. Mr. Melka said that he has now brought the property into compliance. Chairman DeLiso inquired about the condition of the screens and the respondent said that the tenants kept tearing out the screens, so he removed all the screening. Chairman DeLiso asked if he was planning to put screening in? Mr. Melka said the property would be foreclosed upon. Chairman DeLiso asked the respondent why he was present tonight and he said he was here for a lien reduction so that he could sell his house in Boca Raton. Mr. Melka said that he cannot get title insurance until the lien is satisfied and he is going to lose the buyer. Mr. Foot asked how much of a reduction is the respondent looking for and he replied as much as possible. Mr. Lambert said he was under the impression that the lien went against the property. Mr. Blasie stated that the lien goes against the property and any other property the respondent owns in Palm Beach County. Mr. Blasie cited the applicable provision in the Code. Mr. Lambert noted that the property had been cited three years ago and the respondent stated that the tenant parked his van on the grass. Mr. Lambert felt that for a couple hundred dollars for sod, there is now a $24,000 lien on the property. Mr. Melka said the sod cost him approximately $500. Mr. Melka said this past year he has been totally broke and could not even evict the tenants because he couldn’t afford the eviction costs. Chairman DeLiso said that a lien of $24,000 for a front yard is a lot of money. Chairman DeLiso noted that the fine was $100.00 per day. After reading the minutes of that meeting, it was discovered that the Board voted to amend the fine to $100 per day and the motion carried unanimously. Mr. Blasie said they were not able to get the fine certification minutes because the case was just put on the agenda this afternoon. However, Mr. Blasie said that the narrative would be indicative that the certification was $100 per day. The narrative indicates that the fine was certified on June 18, 1997 at $100 per day. Mr. Melka said he was not aware that he had owned the property for the past six months. Mr. Blasie said that he had the recorded certification and confirmed the fine was $100 per day. Mr. Lambert questioned if the respondent in fact still owns the property. Assistant City Attorney Bober said he could not determine this unless he had all the documents to look at. However, regardless of who owns the property, the Board could still act on whether to reduce the lien. Chairman DeLiso noted that in effect, the lien reduction was for the property in Boca Raton, since the Boynton property was going to be foreclosed upon. 15 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA December 15, 1999 Motion Based on the testimony and evidence presented in Case No. 96-5939, 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. 96-5939, by virtue of this Board’s Order of March 19, 1997 be reduced to administrative costs of $730.15. Motion seconded by Vice Chair Hammer. Mr. Lambert felt the fine was too low for three years. Mr. Foot said that this man is a hardship case and this Board has been compassionate in the past. Now, the Board is saying no and this man is not worthy of compassion. Mr. Lambert said this is the first time we have seen the respondent and the violations have been going on for three years. Mr. Foot said that the respondent might not be able to come up with $730.15. Chairman DeLiso said he could not vote on this. Chairman DeLiso agreed on reducing the fine, but not as low as $730.15, when there is a $24,000 lien. Mr. Foot requested a call on the question. Mr. Foot said he asked for the question and Chairman DeLiso said he is the Chairman and he is running the Board. Mr. Foot asked for a vote on the question. Chairman DeLiso called for a vote on the question. Mr. Walsh asked if this Board does not grant any relief to the respondent and he cannot sell his home in Boca, the lien applies to the Boynton Beach property. If the respondent loses the Boynton Beach property through a foreclosure, his lien on the house would no longer be on the public record. Mr. Walsh said that if the respondent is willing to make some kind of restitution, the Board should take advantage of collecting some expenses. Mr. Walsh said otherwise, the City could be losers all the way around. Attorney Bober pointed out that the Board just took a vote to call the question and Attorney Bober was not able to determine the outcome of the vote. Chairman DeLiso requested that the Recording Secretary call the roll. The vote was 4-3 for denial to vote on the question. (Messrs. Lambert, Miriani, Rossi and Chairman DeLiso dissenting.) Chairman DeLiso said he was not against reducing the fine, but he would like a higher fine. Mr. Lambert pointed out that this Board only makes recommendations to the City Commission and the final decision rests with the 16 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA December 15, 1999 Commission. Ms. Hammer questioned how the City could get any money from the respondent who says he has nothing and Ms. Hammer believes him. Mr. Foot asked if the deficiency on the Boynton property goes against the Boca property? Mr. Foot wanted to know if the bank foreclosed on the Boynton Beach property, would the balance of the lien go to the Boca property. Attorney Bober stated the mortgage would take precedence and would be a superior encumbrance on the property and it is theoretically possible that all or a portion of the City’s lien could be wiped out by any foreclosure. Attorney Bober stated if Mr. Melka’s property in Boca is foreclosed upon, the City would be named as a defendant in that foreclosure because the City of Boynton Beach would have an interest by virtue of the fact that the City had a lien in the same county. Mr. Foot said there is a motion on the floor and requested that a vote be called for the motion. If someone on the Board has any other figure in mind, Mr. Foot said he would amend his motion in order to move on. Mr. Lambert suggested amending the motion to $2,000 fine. Mr. Foot said he would amend his motion to make the fine a total of $2,000.00 and Ms. Hammer seconded the amended motion. Ms. Williams said that the respondent has a financial hardship and did not think that the City would have anything to gain. This Board should show some compassion and not charge him an astronomical fine for the gravity of the violation. Ms. Williams said that around everyone’s home there are neighbors with dead grass and did not think a fine of $24,000 for three years was warranted and his financial situation should be taken into consideration. Chairman DeLiso said that the respondent did nothing for three years and felt the respondent would not have done anything today unless he wanted to sell his property in Boca. Mr. Lambert requested that a vote on the amended motion be called. Chairman DeLiso called the question on the amended motion to increase the total fine to $2,000. Motion carried 5-2 (Mr. Miriani and Ms. Williams dissenting.) nd Case #98-1960 Robert & Cheryl Melka 2280 NW 2 Street 450 NE 10thStreet Boca Raton, FL 33430 Mr. Blasie said this is the same property address with the same property owner. The property was cited for the screen enclosures and trash and debris in the back yard. Mr. Blasie stated the property complied today for a total fine of $11,400 plus administrative costs of $634.12. 17 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA December 15, 1999 Motion Based on the testimony and evidence presented in Case No. 98-1960, 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. Lambert moved that this Board recommend to the City Commission that the fine instituted in Case No. 98-1960, by virtue of this Board’s Order of August 19, 1998 be reduced to $1,000.00. Motion seconded by Mr. Foot. Motion carried 5-2 ). (Mr. Miriani and Ms. Williams dissenting Mr. Miriani noted that the total fine for both cases is now $3,000 inclusive. rd Case #98-2776 VA Property Management 134 SE 3 Avenue Secretary of Veterans Affairs P.O. Box 4142 St. Petersburg, FL 33731 Mr. Blasie stated that the property was originally cited on August 23, 1998 for violation of the Community Appearance Code. The case first came before the Board on November 18, 1998 and no one appeared. A compliance date of December 14, 1998 was set or be fined $25.00 per day. The property was brought into compliance on December 6, 1999 for 356 days of non-compliance with a total fine of $8,900 plus administrative costs of $730.15. Chairman Blasie distributed photographs to the Board for their review. There was one before th picture and two after pictures taken on December 15. Mr. Richard Pacely took the podium and stated he represented the Veteran’s Administration in Palm Beach County. Mr. Pacely said the property was conveyed by foreclosure and presented a copy of the Certificate of Title that was recorded on July 2, 1998. The Veteran’s Administration was unaware that they owned the property. Mr. Pacely said that Attorney David Newman notified the VA on December 21, 1998 that they were the successful bidder on the property on July 2, 1998. The VA had not taken custody of the property and assigned it to st Mr. Pacely on December 21. An eviction took place on December 31, 1998. Mr. Pacely said he was unaware of the code violations until June 1999 Mr. Pacely said in the past when the VA has come before the City for a reduction of a fine they would come before the City Commission and request a conditional abatement of the fine. This is where the purchaser acknowledged to the City that they would bring the property into compliance and if the purchaser did not bring the property into compliance, the City would reinstitute suit. However, Mr. Pacely said this is no longer done in the City. Therefore, the VA had to put bids out to 18 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA December 15, 1999 get the property into compliance and the property has been brought into compliance. It cost $5,600 to put on a new roof and $3,700 to paint the house and plant grass. Mr. Pacely said he is respectfully requesting an abatement of the fine. He has been authorized by the Veterans Administration to pay an administrative fee to reimburse the City for its costs up to a maximum amount of $500. There is a buyer ready and willing to take the property. Mr. Foot asked what happened to the property once the VA took it over in December? Mr. Pacely said the property has been under contract three different times for sale. The VA did not know there was a lien on the property and when they found out, the buyer did not want to wait to get the problem resolved. Also, Mr. Pacely pointed out that the notice of hearing was mailed to the VA to P.O. 4142 in St. Petersburg, Florida and that has not been their address since 1998. Mr. Pacely stated that whenever the VA has a compliance problem, they try to rectify it immediately. Mr. Pacely explained how the bid process works with the Veterans Administration and why it took so long to bring the property into compliance, which is commonly 90 days. Chairman DeLiso said the Board has two choices tonight. The Board could make the fine astronomically high and the property would remain vacant. Or, there is a buyer who is willing to take possession of the property and the VA has always worked with the City in the past. Mr. Pacely said he is requesting the fine be reduced to administrative costs and he is authorized to sign a check up to $500. If the check were for the full amount, he would have to request a government voucher and that would take another 90 days. Mr. Pacely also pointed out that he cannot pay a fine; he can only pay administrative costs. Mr. Blasie said he would try to get the lien reduction on the City Commission agenda for their first meeting in January. Motion Based on the testimony and evidence presented in Case No. 98-2776, 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 Boynton Beach Code of Ordinances, Mr. Lambert moved that this Board recommend to the City Commission that the fine instituted in Case No. 98-2776 by virtue of this Board’s Order of November 18, 1998 be reduced to administrative costs in the amount of $500.00. Motion seconded by Ms. Williams. Motion carried 6-1 (Mr. Foot dissenting). 19 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA December 15, 1999 CASES TO BE HEARD Case No. 99-1888: Lagene Adler & Julme Lionel th Property Address: 444 SW 8 Avenue Violations: Chapter 15, Article IX-15-120 (D), Inc. and 10-52 B.B.C. of Ord.; Please remove all unregistered and inoperable vehicles from the property. Inspector Lewis stated that the property was cited 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. 99-1888, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Lagene Adler & Julme Lionel are in violation of Code Sections Chapter 15, Article 1X-15-120 (D), Inc. and 10-52 of the B.B.C. of Ordinances. Mr. Lambert moved to order that the Respondents correct the violations on or before January 17, 2000. 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 reinspection of the property to verify compliance with this order. Motion seconded by Vice Chair Hammer. Motion carried 7-0. Case No. 98-3448: Jean E. and Marie J. Losier nd Property Address: 1533 NE 2 Street Violations: Chapter 15, Article IX-15-120 (D), Inc.; Please define and de- weed rock driveway; repair or replace wood fence. Inspector Melillo stated that the property was originally cited on August 24, 1999 for Community Appearance Code Violations. The property was cited through routine inspection and service was made by certified mail. Motion Based on the testimony and evidence presented in Case No. 98-3448, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Jean E. and Marie J. Losier are in violation of Code Sections Chapter 20 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA December 15, 1999 15, Article 1X-15-120 (D), Inc. of the City Code of Ordinances. Mr. Lambert moved to order that the Respondents correct the violations on or before January 17, 2000. 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 reinspection of the property to verify compliance with this order. Motion seconded by Vice Chair Hammer. Motion carried 7-0. Case No. 99-1795: Rolando & Alicia H. Ramos nd Property Address: 1890 NE 2 Lane Violations: Chapter 15, Article IX-15-120 (D), Inc.; Please install grass in yard and swale; remove all unregistered and/or inoperable vehicles from yard; remove all loose trash, debris and all other miscellaneous items. Inspector Melillo stated that the property was originally cited on July 16, 1999 for violation of the City’s Community Appearance Code. Inspector Melillo stated that the trash and debris and the vehicles have complied. The property was cited through routine inspection. Service was made by certified mail and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-1795, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Rolando and Alicia H. Ramos are in violation of Code Sections Chapter 15, Article 1X-15-120 (D), Inc. of the City Code of Ordinances. Mr. Lambert moved to order that the Respondents correct the violations on or before January 17, 2000. 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 reinspection of the property to verify compliance with this order. Motion seconded by Mr. Foot. Motion carried 7-0. Case No. 99-1965: Kendyln Brown st Property Address: 1411 NW 1 Court Violations: Chapter 15, Article IX-15-120 (B).1 and PT3-LDR., Chapter 2, 21 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA December 15, 1999 Section 5.D.1; Please remove all unregistered and inoperable motor vehicles; stop doing car repairs in a residential area; please install grass in swale. Inspector Melillo stated the case was originally cited on August 5, 1999 for violation of the Community Appearance Code and the LDR. The violation was discovered through routine neighborhood inspection and service was made by posting. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-1965, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Kendlyn Brown is in violation of Code Sections Chapter 15, Article 1X- 15-120 (B).1 and PT3-LDR, Chapter 2, Section 5.D.1 of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before January 17, 2000. 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 reinspection of the property to verify compliance with this order. Motion seconded by Mr. Foot. Mr. Foot inquired if the respondents were still doing auto repairs on the property and stated that the fine should be higher. Inspector Melillo stated that the fine would not be a deterrent. Mr. Lambert amended his motion to make the fine $100.00 per day. Mr. Foot seconded the amended motion. Motion carried 7-0. Case No. 99-704: Charles & Fred Rahming th Property Address: 224 NE 10 Avenue Violations: Chapter 15, Article IX-15-120 (D).1A, 120 (D) .1B, PT 3- LDR, Chapter 2, Section 6.D.6., Chapter 20-VIII, Section 2.A, Chapter 20-VIII, Section 2.D, Chapter 20-VIII, Section 2.E, SBC ’91 ED, SEC 1902.2, Inc., SFPC 603.2, 10-2 and 13-16 B.B.C.;Community Appearance 22 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA December 15, 1999 Code, C-4/Exterior display/ storage; general condition of structure; weatherproof/heat requirements; plumbing facilities required; rodent proofing; fire extinguishers expired, change tag; overgrowth and/or debris; every rental unit used for residential living purposes in City must be licensed. Inspector Webb stated that the property was originally cited on April 19, 1999 through routine neighborhood inspection. Service was made by certified mail and the City is requesting that the case be tabled. Motion Mr. Lambert moved that Case No. 99-704 be tabled until the February 16, 2000 meeting. Motion seconded by Mr. Foot. Motion carried 7-0. Case No. 99-1955: Victor H. Trevino rd Property Address: 121 NE 3 Avenue Violations: Chapter 15, Article IX-15-120 (D).1A, 120 (D) 1.E, 13-16 B.B.C. of Ord.; Install sod in all bare areas in yard and swale; remove all loose trash and debris; every rental unit used for residential living purposes in the City must be licensed. Inspector Webb stated the property was originally cited on August 4, 1999 through routine neighborhood inspection. Service was obtained by certified mail and staff recommends 60 days. Motion Based on the testimony and evidence presented in Case No. 99-1955, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Victor H. Trevino is in violation of Code Sections Chapter 15, Article IX- 15-120 (D).1A, 120 (D) 1.E, 13-16 B.B.C. of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before February 14, 2000. 23 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA December 15, 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 reinspection of the property to verify compliance with this order. Motion seconded by Vice Chair Hammer. Motion carried 7-0. Case No. 99-2780: Gertrude Jean Baptiste nd Property Address: 616 NE 2 Street Violations: 13-16 B.B.C. of Ord.; Occupational license is required for rental property Inspector Webb stated the property was originally cited on December 1, 1999 through routine neighborhood inspection. Service was obtained by posting and staff recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-2780, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Gertrude Jean Baptiste is in violation of Code Sections 13-16 B.B.C. of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before January 17, 2000. 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 reinspection of the property to verify compliance with this order. Motion seconded by Mr. Foot. Motion carried 7-0. Case No. 99-2064: Martha E. Davis Property Address: 3180 N. Seacrest Blvd. Violations: Chapter 15, Article IX-15-120 (D) 1.D; remove all trash and debris; mow overgrown yard; install sod in yard. Inspector Cain stated the property was originally cited on August 23, 1999 and the City recommends 14 days. 24 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA December 15, 1999 Motion Based on the testimony and evidence presented in Case No. 99-2064, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Martha E. Davis is in violation of Code Sections Chapter 15, Article IX- 15-120 (D) 1.D of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before December 29, 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 reinspection of the property to verify compliance with this order. Motion seconded by Mr. Rossi. Motion carried 7-0. Case No. 99-2270: Anita Hinojosa th Property Address: 111 NE 27 Ave. Violations: Chapter 15, Article IX-15-120 (B) .1 and 15-16 B.B.C. of Ord.; Please repair fence around yard; house number is required. Inspector Cain stated that the property was originally cited on September 3, 1999. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-2270, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Anita Hinojosa is in violation of Code Sections Chapter 15, Article IX-15- 120 (B) .1 and 15-16 B.B.C. of the Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before January 17, 2000. 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 reinspection of the property to verify compliance with this order. Motion seconded by Ms. Williams. Motion carried 7-0. Case No. 99-2279: Daisy Raisler Property Address: 144 S. Palm Drive Violations: Chapter 15, Article IX-15-120 (B) .1, 120 (D), Inc. and 13-16 25 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA December 15, 1999 B.B.C. of Ord.; Please install sod in yard wherever dead or bare spots occur; de-weed driveway; occupational license is required. Inspector Cain stated the property was originally cited on September 8, 1999. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-2279, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Daisy Raisler is in violation of Code Sections Chapter 15, Article IX-15- 120 (B).1, 120 (D), Inc. and 13-16 B.B.C. of the Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before January 17, 2000. 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 reinspection of the property to verify compliance with this order. Motion seconded by Vice Chair Hammer. Motion carried 7-0. Case No. 99-2354: Luis Small Property Address: 3169 Grove Road Violations: Chapter 15, Article IX-15-120 (B) 2C and 13-16 B.B.C. of Ord.; Mailbox must be repaired; occupational license is required to rent apartment. Inspector Cain stated the property was cited on September 21, 1999. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-2354, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Luis Small is in violation of Code Sections Chapter 15, Article IX-15-120 (B) 2C and 13-16 B.B.C. of the Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before January 17, 2000. 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 26 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA December 15, 1999 arrange for reinspection of the property to verify compliance with this order. Motion seconded by Vice Chair Hammer. Motion carried 7-0. Case No. 99-2673: Dean W. Gay & Pamela Gay Cooney Property Address: 3290 E. Palm Drive Violations: Chapter 15, Article IX-15-120 (E) 2A; 20 (D), Inc. and 10-2 B.B.C. of Ord.; Yard is overgrown; please mow and de-weed; install sod in yard; paint awning. Inspector Cain stated the property was cited on October 27, 1999. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-2673, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Dean W. Gay and Pamela Gay Cooney are in violation of Code Sections Chapter 15, Article IX-15-120 (E) 2A, 120 (D), Inc. and 10-2 B.B.C. of the Ordinances. Mr. Lambert moved to order that the Respondents correct the violations on or before January 17, 2000. 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 reinspection of the property to verify compliance with this order. Motion seconded by Ms. Williams. Motion carried 7-0. A. LIEN PENALTY CERTIFICATIONS (Tabled) th Case #99-447 Barbara J. Bass 202 NE 16 Avenue Inspector Melillo stated the property was originally cited on March 17, 1999 for violation of the Community Appearance Code. The respondent appeared at the August 18, 1999 Code Compliance Board hearing. A compliance date of October 18, 1999 was set or be fined $25.00 per day. The property is not completed. Inspector Melillo said that he and Inspector Roy spoke to the son of the respondent and she is elderly and cannot get the work done. Ms. Bass is relying upon the son to do the work done. Because it is a large corner lot it is taking longer than anticipated. The City recommends the case be tabled until next month. 27 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA December 15, 1999 Motion Mr. Lambert moved that Case No. 99-447 be tabled until the Code Compliance Board meeting to be held on January 19, 2000 meeting. Motion seconded by Mr. Foot. Motion carried 7-0. th Case #99-1551 Clyde & Deena Chapman 906 SW 27 Terrace Inspector Roy stated the original notice of violation was June 28, 1999 for violation of the Community Appearance Code. The case first came before the Code Compliance Board on August 18, 1999 and no one appeared. A compliance date of September 13, 1999 was set or be fined $25.00 per day. The property has not complied. Mr. Foot asked if the respondent has made any progress and Inspector Roy said he spoke with Ms. Chapman and advised her to seek assistance from Community Redevelopment Department. She did make initial contact with that Department, but has not returned with any paperwork. Motion Based on the testimony and evidence presented in Case No. 99-1511, and having considered the gravity of the violations, the actions taken by the respondents, and any and all previous violations committed by the Respondents, Mr. Lambert moved that this Board find that Clyde and Deena Chapman have violated this Board’s prior Order of August 18, 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 Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Miriani. Motion carried 7-0. rd Case #99-1220 Joel & Yola Blackshear 329 NE 23 Avenue Inspector Cain stated the property was originally cited on June 1, 1999 for violation of the Community Appearance Code. The respondent appeared at the Code Compliance Board hearing on August 18, 1999. A compliance date of November 15, 1999 was set or be fined $25.00 per day. The property complied on December 9, 1999 for 23 days of non-compliance. The City recommends no fine. Inspector Cain stated the respondents were asked to either extend the driveway or lay some sod down and the respondents put in an entire new doublewide driveway, which was the reason for the delay in compliance. 28 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA December 15, 1999 Motion Based on the testimony and evidence presented in Case No. 99-1220, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondents, Joel and Yola Blackshear were in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1.A and (D) 1.D subsequent to the date of compliance specified in this Board’s Order of August 18, 1999. Mr. Lambert moved that this Board find that the Respondents failed to comply with this Board’s Order and that this Board impose and certify no fine or administrative costs in this case. Motion seconded by Mr. Foot. Motion carried 7-0. th Case #99-1250 James B. LaCotche 707 SW 24 Avenue Inspector Roy stated the notice of violation date was June 2, 1999. No one appeared at the Code Compliance Board hearing on October 20, 1999. A compliance date of November 15, 1999 was set or be fined $25.00 per day. The property has not complied. Inspector Roy said he has had no contact with the respondent. Motion Based on the testimony and evidence presented in Case No. 99-1250, 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. Lambert moved that this Board find that James B. LaCotche has violated this Board’s prior Order of October 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 Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Miriani. Motion carried 7-0. th Case #99-1743 Roberto & Terry Rego 112 SW 9 Ave. Inspector Barquin said the case was cited on July 14, 1999 for violation of the Community Appearance Code and Occupational License required. No one appeared at the Code Compliance Board hearing on October 20, 1999. A compliance date of November 15, 1999 was set or be fined $25.00 per day. The property is not yet in compliance and there has been no contact with the respondents. 29 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA December 15, 1999 Motion Based on the testimony and evidence presented in Case No. 99-1743, and having considered the gravity of the violations, the actions taken by the respondent, and any and all previous violations committed by the Respondents, Mr. Lambert moved that this Board find that Roberto and Terry Rego have violated this Board’s prior Order of October 20, 1999, and that 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. Foot. Motion carried 7-0. th Case #99-1572 Stewart & Sheila Aldrich 409 SW 5 Avenue Inspector Lewis stated the notice of violation date was June 30, 1999 for violation of the Community Appearance Code. No one appeared at the Code Compliance Board hearing date of October 20, 1999 and a compliance date of November 15, 1999 was set or be fined $25.00 per day. Inspector Lewis said the property has not complied, but the respondents have done some work and they have tried to contact Inspector Lewis. The City recommends tabling the case for 30 days. Motion Mr. Lambert moved that Case No. 99-1572 be tabled until the Code Compliance Board Meeting to be held on January 19, 2000. Motion seconded by Ms. Williams. Motion carried 7-0. st Case #99-1900 Don M. Pinatel 634 SW 1 Avenue Inspector Lewis stated the property was cited on July 30, 1999 for violation of the Community Appearance Code. No one appeared at the October 20, 1999 Code Compliance Board hearing. A compliance date of November 9, 1999 was set or be fined $25.00 per day. The property was cited through a complaint filed by a neighbor. The backyard needs to be mowed and probably hasn’t been mowed all summer. The respondent does not answer his door. Motion Based on the testimony and evidence presented in Case No. 99-1900, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, 30 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA December 15, 1999 Mr. Lambert moved that this Board find that Don M. Pinatel has violated this Board’s prior Order of October 20, 1999, and that 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. Rossi. Motion carried 7-0. Case #99-2187 Robert J. Huddleston 925 Greenbriar Drive Inspector Lewis stated the notice of violation was August 30, 1999 for violation of Occupational License required. No one appeared at the Code Compliance Board Hearing on October 20, 1999. A compliance date of November 3, 1999 was set or be fined $25.00 per day. The property has not complied to date. Inspector Lewis stated the property is an adult living-care facility and there have been numerous complaints to the Police and Fire Department. The person running the facility has a State License, but was never licensed by the City. Inspector Lewis stated that the respondent is listed as the owner of the property, but it appears that Andre St. Juste is running the facility. Chairman DeLiso asked if the State has been notified? Inspector Lewis said the Fire Department would be notifying HRS because there was a complaint of abuse at the property. When HRS responded to a complaint, they asked the Police Department to assist them. At that time, it appeared the facility presented a state license to the HRS investigator. Mr. Lambert asked why the City was not requesting a cease and desist? Chairman DeLiso asked the Assistant City Attorney if the fine could be increased once the fine has been set? Assistant City Attorney Bober said he would have to check the code, but did not think so. Motion Based on the testimony and evidence presented in Case No. 99-2187, 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. Lambert moved that this Board find that Robert J. Huddleston has violated this Board’s prior Order of October 20, 1999, and that 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. 31 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA December 15, 1999 Motion carried 7-0. th Case #99-592 Blas H. Leandro 324 NW 7 Court Inspector Webb stated the notice of violation was dated March 30, 1999 for violation of Occupational License required. The respondent appeared at the October 20, 1999 Code Compliance Board hearing. A compliance date of November 16, 1999 was set or be fined $25.00 per day. The property is in compliance and there were 29 days of non-compliance. Staff recommends no fine. Motion Based on the testimony and evidence presented in Case No. 99-592, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondent Blas H. Leandro was in violation of Code Sections 13-16 of the B.B.C. of Ordinances, subsequent to the date of compliance specified in this Board’s Order of October 20, 1999. Mr. Lambert 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 or administrative costs in this case. Motion seconded by Vice Chair Hammer. Mr. Foot asked why the City was recommending no fine? Mr. Webb said there was a language problem, but the respondent worked very hard to bring the property into compliance. Mr. Blasie pointed out that Mr. Barquin interpreted for the respondent at the last meeting. The respondent had a business set up which had to be relocated, which Mr. Blasie considers was done in a timely manner. Motion carried 7-0. Case #99-658 Jorge L. Hernandez 507 N. Federal Hwy. Inspector Webb stated the property was cited on April 5, 1999 for violation of the Community Appearance Code and the Land Development Regulations. No one appeared at the Code Compliance Board hearing on August 18, 1999. A compliance date of October 18, 1999 was set or be fined $25.00 per day. The property is not yet in compliance. This is the Boynton Meats property that was destroyed by a fire. Motion Based on the testimony and evidence presented in Case No. 99-658, 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. Lambert moved that this Board find that Jorge L. Hernandez has violated this Board’s prior Order of October 20, 1999, and that this Board impose and certify a fine in 32 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA December 15, 1999 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. Miriani. Motion carried 7-0. th Case #99-1922 W.J. & Helen Millines 219 NW 10 Ave. Inspector Webb stated the property was originally cited on August 14, 1999 for violation of the Community Appearance Code. No one appeared at the Code Compliance Board hearing on October 20, 1999. A compliance date of November 15, 1999 was set or be fined $25.00 per day. The property is not yet in compliance. Motion Based on the testimony and evidence presented in Case No. 99-1922, and having considered the gravity of the violations, the actions taken by the respondents, and any and all previous violations committed by the Respondent, Mr. Lambert moved that this Board find that W.J. and Helen Millines have violated this Board’s prior Order of October 20, 1999, and that 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 Vice Chair Hammer. Motion carried 7-0. VII. ADJOURNMENT There being no further business, the meeting properly adjourned at 9:55 p.m. Respectfully submitted, ____________________________ Barbara M. Madden Recording Secretary (three tapes) 33