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Minutes 11-17-99 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, NOVEMBER 17, 1999 at 7:00 P.M. PRESENT Christopher DeLiso, Chairman Nicholas Igwe, Assistant City Bob Foot Attorney Patti Hammer, Vice Chair Scott Blasie, Code Compliance Dick Lambert Administrator Enrico Rossi Inspectors: Ralph Barquin Sarah Williams, Voting Alternate Courtney Cain Thomas Walsh, Voting Alternate Luney Guillaume Skip Lewis Mike Melillo Pete Roy Willie Webb ABSENT Aaron Rinker James Miriani I. CALL TO ORDER Chairman DeLiso called the meeting to order at 7:06 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. th Mr. Foot requested that on Page 2 of the minutes, in the 5 paragraph on the page, the words “Vice President” be changed to “Vice Chairperson”. Motion Mr. Lambert moved that the minutes of the November 17, 1999 meeting, as amended, be approved. Motion seconded by Mr. Foot. Motion carried 7-0. III. APPROVAL OF THE AGENDA MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 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 1 (Case 99-2308), Fred Garrett (removed) B. Page 4 (Case 99-2019), Linda Scuderi (removed) C. Page 6 (Case 99-2491), Rosemarie Fay (complied) D. Page 13 (Case 99-2578), Annette & Stanley Hicks (removed) E. Page 23 (Case 99-2396), Jane McConnell (removed) F. Page 36 (Case 99-1164), Kim & Cyd Fender (removed) G. Page 37 (Case 99-1706), Bobby Hunter (complied) H. Page 39 (Case 99-2082), Sarah Woody (removed) I. Page 44 (Case No. 99-247), Raymond & Linda Torres (complied) Mr. Blasie requested the addition to the Agenda of Case #98-1387 (Herman Brunson & Ella Howard (Page 65 ½), which is a lien reduction. Mr. Blasie requested that Item VII. be changed to “Other Business” which would be titled “Board’s Legal Obligation under the Sunshine Law” presented by Assistant City Attorney Nicholas Igwe. Adjournment would become Item VIII. Motion Mr. Lambert moved that the Agenda, as amended, be approved. Motion seconded by Mr. Foot. Motion unanimously carried. IV. SWEARING IN OF WITNESSES AND INTRODUCTION Chairman DeLiso requested that Mr. Blasie call the roll. Mr. Blasie stated that all persons who were present to please say “here” when their name is 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 has a plea system. When a respondent takes the podium he or she should state his or her name and address for the record. If you feel that the violation does exist, but you need more time to bring the property into compliance, you can plead “no contest” and request a reasonable amount of time to bring the property into compliance. A respondent can plead “not guilty” if he feels that the violation on the property does not exist and feels the Code Enforcement Officer 2 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 incorrectly cited his property. 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 exists. 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. Usually the Board will grant the requested amount of time. 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 re-appear before this Board. A. CASES TO BE HEARD Case No. 99-2642: Yves Hubert Property Address: 725 N. Federal Highway Violations: Section 13-16 B.B.C. of Ordinances; Occupational license required; Please stop doing business until proper license has been secured. Inspector Barquin stated the property was originally cited on October 13,1999 and the violation was discovered by a complaint. Service was accomplished by hand carry. Inspector Barquin submitted 10 photographs into evidence and the City is recommending an immediate cease and desist order and a $250 fine for future appearances. Mr. Yves Hubert, 725 North Federal Highway took the podium and pled not guilty. Attorney Paul Golis, 1200 North Federal Highway, Suite 200, Boca Raton stated he was representing Mr. Hubert. Inspector Barquin asked the violator to look at the pictures and identify them as pictures of his property. The violator said they were pictures of his property. Attorney Igwe asked Mr. Hubert if the pictures accurately depict his property? The violator stated “yes” and Attorney Igwe requested that the photographs be entered into evidence “collectively as Exhibit 1”. Inspector Barquin had other documents that he wished to review to make sure they belong to the violator. The violator stated that the first document in evidence is “fake”. Chairman DeLiso asked for clarification and Mr. Hubert stated it has been tampered with and is a copy that has been tampered with. Attorney Igwe asked how? The violator responded that the figures have been changed and a lot of material has been erased. 3 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 Attorney Igwe asked the violator if he has the original and he said he did not. The violator said the second page is the copy of the original. Mr. Hubert said he has seen these documents before in Court in mediation at Palm Beach County. Attorney Igwe asked the violator to state which document he is referring to and he replied it is the document for the boat repairs. Attorney Igwe requested that this document be marked “Exhibit 2”. Attorney Golis said they object to the introduction of Exhibit 2, subject to further questioning by my client to the authenticity of the first page of the document. Mr. Blasie requested for the record he would like to clarify that when the violator said the documents have been tampered with, he would like to know who tampered with the documents. The violator replied Mr. Cohen. Chairman DeLiso instructed the Recording Secretary to mark the photographs as Exhibit 1 and the documents as Exhibit 2. Mr. Blasie asked Mr. Hubert for further clarification on Exhibit 2. Do you feel that the essence of the document exists, but the numbers are different? Mr. Hubert said he went to court on this with Mr. Cohen and is not at ease to discuss the case with Mr. Cohen present. Chairman DeLiso asked for a yes or no and the violator replied “yes”. Attorney Golis wished to state for the record that he questions the relevancy of any documents dealing with a County Court case in a Code Enforcement Board Hearing dealing with the failure to have an occupational license. Chairman DeLiso said this Board must determine if the violator is running a business. Mr. Golis asked how the County Court case would be connected. Chairman DeLiso stated there is a date on the documents that shows the violator is doing boat repairs. Inspector Barquin said that the evidence presented tonight, with the exception of the pictures, is from a complaint that the City received from Mr. Cohen and he provided the City with copies of all the documents. Chairman DeLiso said this Board is present tonight to determine if Mr. Hubert is in fact running a business and he needs an occupational license under the Florida Code. This Board is not present for the proceedings in the Courthouse. This Board needs to make a determination if the violator is in fact in violation of an occupational license. 4 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 Attorney Igwe stated that the documents presented from the County Court case would be collectively marked as “Exhibit 2”. Mr. Golis said he objects to the introduction of these documents and he said the basis is relevancy. Mr. Golis said this is not evidence that should be considered by the Board tonight. Members of the Board reviewed the evidence presented as Exhibit 2. Chairman DeLiso inquired if this was all the documentation that Inspector Barquin wished to introduce as evidence and he replied yes. Chairman DeLiso asked Mr. Barquin to proceed with the case. Inspector Barquin said that two months ago the Code Compliance Office received a compliant from Mr. Bernard Cohen. Mr. Cohen said he brought his boat to Mr. Hubert for repairs and storage. Mr. Cohen presented evidence to show that Mr. Hubert is operating a business without an occupational license. Inspector Barquin noted that the violator has been trying to get an occupational license for three years. Inspector Barquin stated that until the City received these documents, they had little to go on to determine if a business was being run. Chairman DeLiso asked why the City is denying the violator his occupational license? Mr. Barquin did not know why. Mr. Blasie stated that Mr. Hubert needs to obtain an Environmental Revenue Permit, which is a standard requirement for any type of repair business using, oils, gasoline and solvents. Also, according to the Development Department he needs to obtain permits and inspections for several issues regarding the site and the building itself. Chairman DeLiso inquired if anyone was present from the Building Department? Mr. Ed Yates, Administrator of the Occupational License Division was present and may be able to add some testimony. Chairman DeLiso requested the Recording Secretary to administer the oath to Mr. Yates. Mr. Yates stated he was the Administrator of Occupational Licensing for the City of Boynton Beach. Mr. Yates stated that the local ordinance for an occupational license requires that State and local ordinances be satisfied prior to an occupational license being issued. Mr. Hubert has gone through an environmental review twice and never complied with any of the requirements from either the Building Department or the Planning and Zoning Department. Attorney Igwe asked if Mr. Yates knew the specific sections of the Code that need to be complied with? Mr. Yates responded that Chapter 13 indicates that the occupational 5 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 license should not issued unless all State and local laws and ordinances have been satisfied. Attorney Igwe noted that Mr. Cohen was present and asked him to take the podium. Chairman DeLiso requested that the Recording Secretary administer the oath to Mr. Cohen. Mr. Bernard Cohen, 160 Yacht Club Way, Hypoluxo said that Mr. Hubert has had his boat for four months and is currently in Small Claims Court over this. The boat was brought there for minor repairs. Attorney Igwe asked how Mr. Cohen got the boat to Mr. Hubert’s place? Mr. Cohen said he powered the boat to the local ramp and Mr. Hubert towed it out of the water and brought it to his shop. Attorney Igwe asked how he got to know Mr. Hubert and he replied it was through a recommendation from friends. Attorney Igwe said what was their recommendation? Mr. Cohen said he was told that Mr. Hubert was a good, decent, honest mechanic. Mr. Cohen said he brought the boat for repairs because it needed a starter and a bearing. He agreed to do this work, but every time Mr. Cohen went down there, he kept saying I need this, I need this and I need this. He took apart the outdrive and after that he took the engine out of the boat and he gave me an original estimate that I couldn’t read. Attorney Igwe asked if Mr. Cohen signed some papers with Mr. Hubert. Mr. Cohen said he initially gave him a $1,000 deposit to do the work that was necessary on the boat in addition to some other work. I thought the $1,000 would have covered that. At the end of the three-month period, he told me I needed work in the amount of $6,600. I said the boat is not worth it and don’t do any further work, leave the boat alone and I will take it to someone else. Keep the $1,000 deposit for your labor which is fair, but he said he wanted another $1,000. At this point I said forget it, I will take it to court and it is in the courts right now in Small Claims. Attorney Igwe asked Mr. Cohen if Mr. Hubert’s business was in Boynton Beach and he declared it was. Attorney Igwe asked what date Mr. Cohen took the boat to Mr. Hubert and he replied August 17, 1999 and the boat is on his property and is being vandalized. He has not repaired anything and the boat is stripped. 6 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 Attorney Igwe asked Mr. Cohen if he ever signed any documents and Mr. Cohen said he signed the initial estimate, which he could hardly read and he asked him for a readable estimate. Attorney Igwe asked Mr. Cohen if the document looks familiar to him and Mr. Cohen said it was the first document that he signed. Mr. Cohen said that the prices were changed and there is a final document on which the violator added figures on. Chairman DeLiso said we were present tonight to determine if Mr. Hubert is running a business and Mr. Cohen said he is and his boat is still there. Attorney Igwe requested that the record reflect that Mr. Cohen is looking at Exhibit 2 that has already been entered into evidence. Chairman DeLiso requested that the Defendant present their case. Attorney Golis stated that he has a continuing standing objection of the introduction into evidence of Exhibit 2. Mr. Cohen as well as his client has said that some of the pages have been altered and he does not believe that this is a proper Exhibit. Mr. Golis would also like to reiterate his position for the record that anything dealing with the County Court case, which is still ongoing, should not be considered by this Board tonight relative to the issue of not having an occupational license. Mr. Golis called his first witness, Mr. Burl Gentry. Mr. Golis stated that every document he had with the exception of document #1, which is an inspection report that was done on January 29, 1996, are documents taken from the City records. Attorney Igwe asked Mr. Golis if he wanted to make them part of the record and he stated he did. Attorney Igwe requested that they be marked Defense exhibits. Chairman DeLiso requested that they be presented to the Board for inspection. Mr. Golis said the first Exhibit he will be referencing is Development Department ? Application for Occupational License and there are three copies. You will see alterations on some of the copies, and Mr. Golis is not sure which one is the true one. This is signed by Mr. Alphonse Lembo dated February 9, 1996 and is Defense Exhibit #1. The next document is dated February 4, 1996 and was actually signed by my client, ? Yves Hubert and is entitled Development Department Application for Occupational License, which will be Defendant’s Exhibit #2. Development Department Application for Occupational License dated April 5, 1996 ? signed by Yves Hubert, is Exhibit #3. 7 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 City of Boynton Beach Environmental Revenue Committee and Environmental ? Revenue Permit Application prepared for the project named Auto and Marine Center of Boynton signed by the Yves Hubert dated February 4, 1996, Exhibit #4. Letter dated May 13, 1996 from Robert A. Sweetapple, Esquire to Tambri Heyden, ? Exhibit #5. Letter dated December 11, 1996 from Geoffrey C. Bennett to Michael J. Pawelczyk, ? Esquire, Exhibit #6. Survey prepared by Burlison A. Gentry dated January 9, 1997, Exhibit #7. ? Letter dated December 31, 1997 signed by Burle Gentry that was sent to the City of ? Boynton Beach and has backup information regarding the Auto and Marine Center of Boynton Project, Exhibit #8. Composite Exhibit, the first page of which is the plans for the project and also plan ? review comments regarding the project signed off by various members of the City of Boynton Beach, Exhibit #9. Environmental Review Permitting Application regarding Auto and Marine Center of ? Boynton signed by Yves Hubert and dated May 1, 1998, Exhibit #10. Attached to the application are comments that were made by the Engineering Division, Public Works Department of the City of Boynton Beach with additional memoranda. This is composite Exhibit #10. This next Exhibit is not presently in the City records; this is an inspection that was ? done on the property on January 29, 1996, which is Defendant’s Exhibit #11. A newspaper article from the Palm Beach Post dated August 25, 1999 relative to the ? City of Boynton Beach official position on gas stations and auto repair shops. This is Defendant’s Exhibit #12. Copies of the City of Boynton Beach Code to which Mr. Golis said he would be ? referring to several sections of the Code beginning with Section 13-25; Section 13 dealing with the definition of C-4, general/commercial district; Section 11, which deals with non-conforming uses of structures and non-conforming structures; Section 11.13 which deals with environmental review permits; and Chapter 20 of the City Code that references the amendments to the Standard Building Code (SBC); Chapter 34 of the SBC. Chapter 34 is Defendant’s Exhibit #14 and the City Code Sections are Exhibit #13. Mr. Golis entered into evidence a case entitled Lewis v. City Atlantic Beach, cited at ? nd 467 So. 2 751 (Fla. App. Dist.1985), which is Defense Exhibit #15. These are all the exhibits that Attorney Golis would be referencing. Attorney Golis requested that Mr. Gentry state his full name, profession and professional address for the record. Burlinson A. Gentry, 1005 S. Congress Avenue, Delray Beach stated he is a licensed professional engineer and a licensed professional land surveyor. 8 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 Mr. Golis asked Mr. Gentry if he was familiar with the property located 717, 723 and 725 North Federal Highway in Boynton Beach? Mr. Gentry stated he was. Mr. Golis asked him when he approximately first became familiar with the property. Mr. Gentry stated it was in the summer of 1996. Mr. Golis asked what were you asked to do specifically? Mr. Gentry replied he was asked to work with his client in the City of Boynton Beach to try to address the problems that he was having obtaining an occupational license. Mr. Golis asked did you do that? Mr. Gentry said he began a communication to try to come up with something that would satisfy that concern and it has been ongoing obviously until this time. Mr. Golis asked if he could give us some of his professional background in terms of education and work experience. Mr. Gentry said he is a graduate in civil engineering and has practiced in this area for almost 30 years. Mr. Gentry said he has dealt with the City of Boynton Beach during this time period, as well as other cities up and down the coast. Mr. Golis asked if he heard him referring to all the exhibits that were introduced into evidence? Mr. Golis said he would start with the inspection report dated January 19, 1996 and asked Mr. Gentry if he had a copy of that. Mr. Gentry said he did. Mr. Golis asked Mr. Gentry to take a look at it. For the record, Mr. Golis said he was referring to Defendant’s Exhibit #11. Mr. Golis asked Mr. Gentry what the document indicates? Mr. Gentry said it was an inspection report which usually is a pre-closing document between an owner and a buyer for a piece of property to satisfy deficiencies and to make sure the property is adequate for its intended use. Mr. Golis asked what the conclusion of the report was? Mr. Gentry said that certain repairs were needed, which the owner, I think, did pursue to bring the building up to a satisfactory level. Mr. Golis asked who requested that the inspection report be done? Mr. Gentry said he was not sure. 9 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 Mr. Golis referred to Defendant’s Exhibit 1 and asked Mr. Gentry to look at the Application dated February 9, 1996 and asked him if he has seen that document before? Mr. Gentry said he has seen the document before. Mr. Golis asked if there is more than one document relative to that February 9, 1996 application from Alphonse Lembo? Mr. Gentry said there is. Mr. Golis asked what differences Mr. Gentry noted on them. Mr. Gentry said there appears that there were comments made by the City in regards to the grandfathering rights and the requirements for the environmental review and there is conflicting information on several of the documents. Mr. Golis asked Mr. Gentry to refer to Page 2 and about one-third up the page, there is a reference to whether ERC review or permit applications were required and is that correct? Mr. Gentry said that was correct. Mr. Golis asked Mr. Gentry to look at all three documents that are referenced as Defendant’s Exhibit 1 and do you notice any change of difference in the designation of whether in fact or not such an application is required. Mr. Gentry said that the documents indicated that they did. Mr. Golis asked if all three documents indicated that and Mr. Gentry said they did. Mr. Golis asked if the City has the application that was originally submitted by Mr. Lembo in its possession? Mr. Blasie said they were looking for it. Mr. Golis said that referring to Defendant’s Exhibit #2, he asked Mr. Gentry to look at the document and asked him to identify it. This is an application from Mr. Hubert, which is dated February 4, 1996. Mr. Golis asked Mr. Gentry to review that. Mr. Golis asked who the applicant was on that and Mr. Gentry stated Yves Hubert. Mr. Golis asked if it indicated what kind of were intended for the property? Mr. Gentry replied yes. Mr. Golis asked what uses are identified on the document. Mr. Gentry read “auto repair, boat sales, service repair, maintenance and storage associated with that use”. Mr. Golis asked if there was any reference on Page 2 whether the ERC permit review is required? Mr. Golis said this was the other point he was going to raise. We have some documents that appear to be incomplete and there is an application that Mr. Hubert submitted on February 4, 1996 and we only have page 1. If the City has that in their files, we would like to look at that. 10 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 Chairman DeLiso stated that tonight the Board is here to determine if Mr. Hubert is doing business in the City without an occupational license. All this testimony, if Mr. Hubert is not happy with the review, he is at the wrong Board. Mr. Hubert needs to take the Board’s decision to the Courts. The Board needs to determine if in fact a violation does occur with him practicing or running a boat shop. If he is, the Board needs to grant him ample time to get the review or whatever he needs to do to comply. Chairman DeLiso said that time is getting late and there are several other people that need to be heard and this is really irrelevant in Chairman DeLiso’s opinion what is taking place. All that needs to be determined tonight is if in fact the violator is running a shop without an occupational license. Attorney Golis submitted the following as the issue: an occupational license has been applied for by my client and part of those documents are of record. An occupational license has not been issued to my client. The reason why the occupational license has not been issued is because there has not been an environmental permit approved. The documents indicate there were several applications to submit to the City for consideration and I want to present that testimony and feel it is very relevant to the issue at bar because the issue is whether or not my client has applied for an occupational license and had it rejected and if so why. Chairman DeLiso said the issue here tonight is that the violator needs an occupational license to run a business in the City. Chairman DeLiso stated this Board has no control over the environmental rules and regulations that the City sets. Chairman DeLiso pointed out that Mr. Hubert did not meet the City standards to get the environmental review and that is why he did not receive the occupational license. Mr. Golis asked if Mr. Gentry could give a narrative in terms of what he understands to be the situation on the project. Attorney Igwe said this is the Code Compliance Board and their duty is to determine whether Mr. Hubert is repairing boats and vehicles on the spot within the City limits with or without license. This is the issue here. Mr. Golis requested that Attorney Igwe look at the Lewis case. Attorney Igwe stated this is the Code Compliance Board and if Mr. Hubert has problems with approval of his application with staff, there are other courses of action that he could take. The issue tonight is very specific. Is he operating a boat shop with or without a license? If the Board feels they have enough facts to rule on this matter, they may so rule. If the Board feels they want to gather additional facts to make that determination, then they may continue to hear testimony. 11 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 Mr. Lambert asked Mr. Hubert if he is running a boat repair shop. Mr. Hubert replied “yes I am”. Mr. Foot also inquired about the City’s request for a cease and desist, which is immediate action with a fine that would be initiated immediately. Because the violator does not have a license, he is in violation every day that he does business. The remedy is for the violator to stop doing business. Motion Mr. Foot made a motion finding that Yves Hubert has violated Section 13-16 of the City Code of Ordinances and based on the nature of the violation, Mr. Foot moved that a Cease and Desist Order beginning on November 18, 1999 be imposed with a fine in the amount of $250.00 per reoccurrence of the violation. Motion seconded by Mr. Lambert. Motion carried 7-0. Mr. Blasie asked if this applied to any business or boat repair? Chairman DeLiso stated it applied to any business because he does not have a license. For the record, the violator stated he was running a business. (For recordkeeping purposes, all of the exhibits that were submitted with this case are attached to the original minutes of the meeting, with copies being furnished to the City Attorney for inclusion in their files.) Case 99-2099 Russell J. Case th Property Address: 417 SE 20 Court Violations: Chapter 15, Article IX-15-120 (D), Inc.; Remove all trash and debris; sod required in yard; maintain drive weed free. Inspector Roy stated that the case was originally cited on August 24, 1999 through a neighborhood complaint. Service was accomplished by certified mail and the violator is present this evening. th Mr. Russell J. Case, 417 SE 20 Court took the podium and pled no contest. Mr. Case requested 60 days. Motion 12 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 Based on the testimony and evidence presented in Case No. 99-2099, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Russell J. Case is in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc. of the City Code of Ordinances. Vice Chair Hammer 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. Lambert. Motion carried 7-0. Case 99-0369 Ezekiel & Helen Harrington th Property Address: 118 NE 6 Avenue Violations: Chapter 15, Article IX-15-120 1 (D), Inc.; Install sod in yard wherever bare areas occur; remove all loose trash & all inoperable or unregistered vehicles. Inspector Webb stated the case was originally cited on April 19, 1999 through routine inspection of the neighborhood. Service was obtained by certified mail. The respondent is present tonight and has complied with the vehicles and trash. All that remains is the sod and he has just gotten out of the hospital. th Mr. Ezekiel Harrington, 118 NE 6 Avenue took the podium and pled no contest. The respondent asked for 90 days. Motion Based on the testimony and evidence presented in Case No. 99-0369, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Ezekiel and Helen Harrington are in violation of Code Sections Chapter 15, Article IX-15-120 1 (D), Inc. of the City Code of Ordinances. Mr. Lambert moved to order that the Respondents correct the violations 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 Ms. Williams Motion carried 7-0. 13 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 Case 99-2167 Judith C. Lowe th Property Address: 118 NE 4 Avenue Violations: Chapter 15, Article IX-15-120 (D) .1A, 120 (D) 1.E; remove weeds from driveway; remove all loose trash and debris that may become a hurricane hazard; mow grass and sod all bar areas in yard. Inspector Webb stated the property was cited through routine neighborhood inspection and service was obtained by certified mail. The respondent is present and also has been in the hospital. th Ms. Judith Lowe, 118 NE 4 Avenue took the podium and pled no contest. The respondent asked for 90 days. Ms. Lowe said her yard is in deep shade and she has tried many times to make sod grow and wants to try ground cover as an alternative. The City agreed to the 90 days. Motion Based on the testimony and evidence presented in Case No. 99-2167, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Judith C. Lowe is in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1.A and (D) 1.E Inc. of the City Code of Ordinances. Mr. Lambert 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 Mr. Foot. Motion carried 7-0. Case 99-1969 Carolyn A. Smith, C.W. Smith th Property Address: 115 SW 9 Avenue Violations: Chapter 15, Article IX-15-120 (E) 2A and 120 (D) 1, Inc.; Please clean carport and the yard of all openly stored items; awnings need to be painted; all unregistered autos need to be removed. Inspector Lewis stated that the case was originally cited on August 6, 1999 and Mr. C.W. Smith is present. 14 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 th Mr. Christopher Smith took the podium and stated he lives at 115 SW 9 Avenue and pled no contest. The respondent asked for 30 days. Motion Based on the testimony and evidence presented in Case No. 99-1969, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Carolyn A. Smith and Christopher Smith 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. Mr. Lambert moved to order that the Respondents correct the violations on or before December 13, 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 reinspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Hammer. Motion carried 7-0. Case 99-3450 Eslett Ruiz st Property Address: 1515 NE 1 Street Violations: Chapter 15, Article IX-15-120 (D) Inc.; Please mow grass, weeds and trim yard. Inspector Melillo stated the property was cited through routine inspection of the neighborhood. Service was obtained by posting. Chairman DeLiso requested that the Recording Secretary administer the oath to the respondent. Ms. Eslett Ruiz, 7486 Coconut Drive, Lake Worth, Florida took the podium and pled no contest. Ms. Ruiz requested 90 days for compliance. Motion Based on the testimony and evidence presented in Case No. 99-3450, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Eslett Ruiz is in violation of Code Sections Chapter 15, Article IX-15-120 (E) 2A and 120 (D), Inc. of the City Code of Ordinances. Mr. Lambert 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 15 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Rossi. Mr. Foot said that Ms. Ruiz has been before this Board before and did not feel that 90 days was necessary for sod to be planted. Motion carried 5-2. (Mr. Foot and Vice Chair Hammer dissenting) Mr. Lambert asked Inspector Melillo why the City agreed to 90 days on this case and Inspector Melillo stated that the tenants had been evicted and when the tenants came back to get the remainder of the furniture, they destroyed the property. Also, Inspector Melillo stated the respondent is trying to resolve some problems with the neighbors, which may require more time. Vice Chairman Hammer said this should have been relayed to the Board before voting. Case 99-1169 Ernestine & Wilbert McCloud st Property Address: 2181 NW 1 Street Violations: Chapter 15, Article IX-15-120 (E) 2A and 120 (D) Inc.; Please remove, repair and or register all motor vehicles; paint your house; remove all loose trash and debris; install grass in yard and swale. Inspector Melillo stated the case was originally cited on May 27, 1999 through routine neighborhood inspection. Service was made by posting. st Ms. Ernestine McCloud, 2181 NW 1 Street took the podium and pled no contest and asked for 60 days. Chairman DeLiso inquired if the respondent would be able to get the house painted within 60 days. After discussion, it was determined that the respondent would receive 90 days for compliance. Motion Based on the testimony and evidence presented in Case No. 99-1169, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Ernestine and Wilbert McCloud are in violation of Code Sections Chapter 15, Article IX-15-120 (E) 2A and 120 (D), Inc. of the City Code of Ordinances. Mr. Lambert moved to order that the Respondents correct the violations 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 16 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 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 99-2170 Jackie & Ronald D. Cox, Jr. th Property Address: 155 NW 14 Avenue Violations: Chapter 15, Article IX-15-120 (D) Inc.; Please repair or replace both your driveways; install grass along side of driveways or get permit to enlarge them; stop putting trash in pile by road; use blue/green cart City has provided. Inspector Melillo stated the case was originally cited on August 27, 1999 through routine inspection of the neighborhood. Service was made by certified mail. th Mr. Ronald Cox of 155 NW 14 Avenue, Boynton pled no contest and asked for 90 days. The City agreed to 90 days. Motion Based on the testimony and evidence presented in Case No. 99-2170, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law that Jackie and Ronald D. Cox, Jr. are in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc. of the City Code of Ordinances. Ms. Williams moved to order that the Respondents correct the violations 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 Vice Chair Hammer. Motion carried 7-0. Case 99-1725 Ronald W. & Donna L. Cost Property Address: 3250 E. Palm Drive Violations: Section 13-16 B.B.C. of Ord.; Every rental unit used for residential living purposes in the City must be licensed. 17 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 Inspector Cain stated the property was originally cited on July 13, 1999 through routine neighborhood inspection. Service was made by certified mail and the respondent is present. Ms. Donna L. Cost, 2199 Hypoluxo Road, Lantana took the podium and pled no contest and asked for 30 days. Motion Based on the testimony and evidence presented in Case No. 99-1725, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Ronald W. and Donna L. Cost are in violation of Code Sections 13-16 of the B.B.C. of Ordinances. Vice Chair Hammer moved to order that the Respondents correct the violations on or before December 13, 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 reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Williams. Motion carried 7-0. Case 99-2085 Richard A. Marks Property Address: 3330 N. Seacrest Blvd. Violations: Chapter 15, Article IX-15-120 (E) 2A and 120 (D) 1.D; please de-weed driveway and paint awning. Inspector Cain stated the property was originally cited on August 23, 1999 through routine neighborhood inspection. Service was accomplished by certified mail and the violator is present. Richard A. Marks, 3330 N. Seacrest Boulevard took the podium and pled not guilty. Chairman DeLiso asked the City to present its case. Inspector Cain presented pictures of the property to Mr. Marks to identify as his house. Mr. Marks agreed that the pictures were of his property. Assistant Attorney Igwe requested the pictures be marked Exhibit 1 and then the Board reviewed the photos. Vice Chair Hammer asked Mr. Marks to present his case. Mr. Marks said that several years ago an officer came to his house about not having anything on that side of the property. The violator said he told this person that he had problems growing anything on this side of the house. It is a dirt driveway, which is on an incline, and every time it rains, water runs off and the soil runs off. Mr. Marks said he has sodded the driveway 18 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 three times. He contacted the State and the State informed him to throw wild seed and that is what he has done in an attempt to stop soil run off into the gutter. Mr. Marks said that two of the shutters are stained and the rest are not. The respondent said he was rebuilding all his shutters and they will get stained as he rebuilds them. Mr. Marks said he had an occasion to call the City because trash and debris that he put along side of the road had not been picked up for three to four weeks and then he received a notice that he had trash on the road. Mr. Marks said that he has maintained and upgraded his property and Mr. Marks stated under applicable laws the City is intrusive upon his personal and property rights and violates his civil and constitutional rights. Assistant City Attorney Igwe informed the respondent that this Board is not the proper venue to challenge the constitutionality of the code. Mr. Lambert asked the respondent if he felt he was not in violation of the code section for which he has been cited for and he replied that was correct. The respondent stated that he is presently replacing his well and pump system and painting his shutters is the least important thing he has to deal with now. Mr. Lambert asked Inspector Cain if the driveway was a serious problem and Inspector Cain said there were weeds in the driveway on both sides. Inspector Cain stated in order to correct the problem, the respondent would have to put in an asphalt or concrete driveway. Ms. Williams asked how many awnings remained to be painted? Inspector Cain said it may be two awnings. Motion Based on the testimony and evidence presented in Case No. 99-2085, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Richard A. Marks is in violation of Code Sections Chapter 15, Article IX-15-120 (E) 2A and 120 (D) 1.D 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 re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Rossi. Motion carried 7-0. 19 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 Case 99-2144 Julia Roque Property Address: 109 Arthur Court Violations: Chapter 15, Article IX-15-120 (D) Inc.; Please install sod on the west side of driveway. Inspector Cain stated the property was originally cited on August 26, 1999 through routine neighborhood inspection. Service was accomplished by certified mail and the respondent is present. Ms. Julia Roque, 109 Arthur Court pled no contest and asked for 90 days. Inspector Cain stated that the respondent is a single mother with three children and she would like to extend the driveway. Inspector Cain said the City would recommend 90 days to give the respondent time to apply to Community Development for assistance. After discussion, it was determined that 90 days would not be enough time. Ms. Williams suggested 120 days and Inspector Cain said the City would agree to this. Motion Based on the testimony and evidence presented in Case No. 99-2144, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law that Julia Roque is in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc. of the City Code of Ordinances. Ms. Williams moved to order that the Respondent correct the violations on or before March 13, 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 re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. Motion carried 7-0. Case 99-2351 Joe and Rafaela P. Villarreal Property Address: 3155 E. Atlantic Drive Violations: Section 10-52 B.B.C. of Ord.; Vehicle must be registered in the State Inspector Cain stated the property was originally cited on September 21, 1999 through routine neighborhood inspection and service was accomplished by certified mail. The violator is present this evening. Mr. Joe Villarreal, 3155 E. Atlantic Drive took the podium and pled no contest. The respondent asked for 30 days to comply. 20 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 Motion Based on the testimony and evidence presented in Case No. 99-2351, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Joe and Rafaela P. Villarreal are in violation of Code Sections 10-52 B.B.C. of Ordinances. Mr. Foot moved to order that the Respondents correct the violations on or before December 13, 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 Vice Chair Hammer. Motion carried 7-0. VI. OLD BUSINESS A. LIEN PENALTY CERTIFICATIONS (Tabled) Case #99-257 David P. Penegor 416 S. Seacrest Blvd. 8042 Rose Marie Avenue Boynton Beach, FL 33437 Inspector Lewis stated that the property was originally cited on January 29, 1999 for violation of the Community Appearance Code and Occupational License Required. The respondent appeared at the May 19, 1999 hearing and a compliance date of August 16, 1999 was set or be fined $25.00 per day. The property is not yet in compliance. Mr. David Penegor, 8042 Rose Marie Avenue asked that his case be tabled. The respondent stated he has a contractor making kitchen cabinets and they aren’t ready yet. The contractor promised him that the cabinets would be in this Saturday. Inspector Lewis said that the respondent would still have to pass the inspection. Motion Mr. Lambert moved that Case No. 99-257 be tabled until the Code Compliance Board Meeting to be held on December 15, 1999. Motion seconded by Vice Chair Hammer. Motion carried 7-0. th Case #98-1333 Brian & Jacqueline Fitzpatrick 220 NE 10 Ave. th 2540 SW 11 Court Boynton Beach, FL 33426 21 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 Inspector Webb stated that the property was cited on April 3, 1999. The respondent appeared at the April 21, 1999 Code Compliance Board Hearing date. A compliance date of July 19, 1999 was set or be fined $50.00 per day. The property is not is not yet in compliance for 121 days of non-compliance. Inspector Webb stated because of the location of the property and the elements in the neighborhood, as soon as the respondent fixes something, before sundown, the windows are broken out. It is a struggle for the respondent to comply. Mr. Fitzpatrick, of 220 NE MLK Boulevard requested that the case be tabled one additional time for 90 days. Chairman DeLiso asked if progress is being made and Mr. Webb said he is trying, but because of the elements it is difficult. Motion Mr. Lambert moved that Case No. 98-1333 be tabled until the Code Compliance Board Meeting to be held on March 15, 2000. Motion seconded by Ms. Williams. Motion carried 7-0. st Case #99-210 Guilbert & Denise Abelard 2371 NW 1 Street Inspector Cain stated the property was cited on January 26, 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 or be fined $25.00 per day. The property complied as of today or 30 days of non-compliance. The City recommends no fine. Inspector Cain said he had difficulty in explaining the violation to the respondent because of the language problem. Once the respondent understood what was needed, he put the grass in. Motion Based on the testimony and evidence presented in Case No. 99-210, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondents Guilbert and Denise Abelard were 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 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 Vice Chair Hammer. Motion carried 7-0. 22 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 Case #99-717 Neeck & Venande Simeus 116 W. Ocean Drive Inspector Lewis stated the property was originally cited on April 9, 1998 for violation of the Standard Building Code. The respondent appeared at the Code Compliance Board hearing on August 18, 1999. A compliance date of October 19, 1999 was set or be fined $25.00 per day. The respondent was present and the property has still not complied. Chairman DeLiso inquired if this was the case where the respondent was supposed to obtain the proof of product from Home Depot. Inspector Lewis stated that the respondent applied to the City for a permit and the City had some corrections to the plans. The respondent is in the process of getting the comments corrected. Inspector Lewis suggested that the case be tabled for at least 60 days. Mr. Neeck Simeus of 116 W. Ocean Dr. took the podium and said he never obtained the proof of product from Home Depot. Mr. Simeus said he did apply to the building department and is working with staff to get the permit. Motion Ms. Hammer moved that Case No. 99-0717 be tabled until the Code Compliance Board Meeting to be held on February 16, 2000. Motion seconded by Mr. Lambert. Motion carried 7-0. Case #99-1571 Marie F. Joseph 160 W. Ocean Drive 164 Reigle Avenue Delray Beach, FL 33444 Inspector Lewis stated the property was cited on June 30, 1999 for violation of the Community Appearance Code and for an Occupational License Required. 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 has not complied as of yet. Inspector Lewis said that the respondent did put windows in and is now trying to get a permit for a rental license. The City recommends tabling the case for 60 days. Ms. Marie Joseph, 160 W. Ocean Drive took the podium. Chairman DeLiso requested that Inspector Guillaume interpret for the respondent. Inspector Lewis said he has not been inside the property, but the outside looks good. 23 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 Motion Mr. Lambert moved that Case No. 99-1571 be tabled until the Code Compliance Board Meeting to be held on January 19, 2000. Motion seconded by Mr. Rossi. Motion carried 7-0. CHAIRMAN DeLISO CALLED FOR A RECESS AT 9:00 P.M. THE MEETING RECONVENED AT 9:10 A.M. C. LIEN REDUCTIONS Case #98-3095 Christopher & Pamela Slunt 3350 E. Atlantic Drive Mr. Blasie asked if anyone were present and there was no response. Mr. Blasie requested that the case be tabled until next month’s meeting. Motion Mr. Foot moved that Case #98-3095 be tabled until the Code Compliance Board Meeting to be held on December 15, 1999. Motion seconded by Mr. Lambert. Motion carried 7-0. Case #98-2166 FFCA/IIP 1989 Property Co. 2015 S. Federal Highway Financial Center c/o Arby’s 44 Scottsdale, AZ 85225 Mr. Blasie stated the applicant is present this evening and the property is now in compliance. The total fine is $8,350 plus administrative costs of $634.12. Mr. Blasie presented photographs presented before and after photographs of the property. Mr. Bill Layton stated he was an Attorney and his address is 101 North J. Street, Lake Worth, Florida. Attorney Layton said that the notice of non-compliance was returned to the City because of insufficient address. Mr. Layton said that the only address in the City’s records was Scottsdale, Arizona and that was insufficient. Mr. Layton said that his clients found out there were code violations when they hired a realtor to sell the property. Mr. Layton said his clients have spent between $22,000 to 24,000 bringing the property into total compliance. Mr. Layton said his client’s position is that as soon as they knew there was a problem, they spent the money to fix it up and before that, they had no idea that there was a problem. Although there was a notice posted at the property, my client is in Arizona. 24 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 Chairman DeLiso asked if Arby’s is still the owner and the Attorney replied that Arby’s was not the owner, but a company named FFCPA, from whom Arby’s was leasing. Chairman DeLiso asked if the City has the return receipt on this case. Mr. Blasie stated the letter was returned and the City made service by posting. Also, Mr. Blasie confirmed that the notice of hearing did not have the street address. Attorney Igwe stated that posting is an alternative means of notice, but the intent of using this substitute type of notice such as posting in certain instances is when someone resides on the property and is evading service by running away. However, when someone is located so far away, technically posting is a form of service and the City can claim jurisdiction. However, it is up to the Board to determine this. Mr. Foot asked who took care of the property and Attorney Layton stated the owner is in Arizona and leased the property to various individuals and the leases provided that the tenant maintains the property. However, if the property owner had received the notice, they would have taken care of it. Attorney Layton stated that the property has been vacant since the dates of the notices. Mr. Layton agreed with Attorney Igwe’s interpretation of posting and stated it should not apply when it was a clerical error where the improper address was used. Mr. Foot inquired who took care of the property when the lessee went out of business? The owner agreed that it was their duty to maintain the property, but they did not know. Mr. Lambert said that this is a major piece of real estate on a main street in the city and it is vacant and no one is maintaining it. Mr. Lambert said how could the owner not know it needed maintenance? Mr. Layton stated that FFCPA owns properties for various franchisees all over the country and literally own hundreds of properties. Chairman DeLiso said that the City has to take some blame, but for an address to merely state Scottsdale, Arizona is unreasonable. Chairman DeLiso said that the City should assess the administrative costs in this case, because the City did not send proper notice. Mr. Blasie agreed with Chairman DeLiso and noted the spirit of the statute as far as posting, is when the letter comes back even though it was mailed to the correct location, and in this case it was not. Motion Based on the testimony and evidence presented in Case No. 98-2166 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. Lambert moved that this Board recommend to the City Commission that the fine instituted in Case No. 98-2166, by virtue of this Board’s Order of September 16, 1998 25 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 be reduced to administrative costs in the amount of $634.12. Motion seconded by Vice Chair Hammer. Mr. Foot suggested splitting the costs and assessing a fine in the amount of $4,500. Motion carried 6-1. (Mr. Foot dissenting) Mr. Rossi inquired about the future use of the building and Attorney Layton said there is an offer pending by someone local. However, he is uncertain what he will be doing with the property. The parking lot has been completely redone and is now a turnkey operation. The realtor for the property took the podium and stated that the Code Enforcement Department has been very helpful. Also he said as soon as he saw the property posted, he called Arby’s and that was the first they had heard of it. They immediately told me to list the property and to get it fixed. st Case #98-1387 Herman Brunson & 2300 NW 1 Street Ella Howard Mr. Blasie stated the property is owner-occupied and was cited on May 5, 1998 for violations of the Community Appearance Code and Section 10-52 of the Code of Ordinance. The case first came before the Board on July 15, 1998 and no one appeared. A compliance date of August 17, 1998 was set or be fined $25.00 per day. The property complied on September 9, 1999 for 386 days of non-compliance for a total fine of $9,650 plus $730.15 in administrative costs. Mr. Blasie said that the notice of hearing was made by posting, since the letter was returned to the City as unclaimed. Mr. Blasie presented a photograph taken January 15, 1999 and two photos taken September 16, 1998 and two photos taken today, November 17, 1999. Mr. Blasie asked the applicant to confirm that the photos were of his property. st Mr. Herman Brunson, 2300 NW 1 Street took the podium and said on July 15, 1998 he called the Code Compliance Officer to tell them he had to go out of town for a funeral. The person he spoke with said they would set something up for the following month. Mr. Brunson said that he hurt his knee after that and was out of work for six to eight months and he could not do any work. Mr. Blasie stated that this case was added on very late today and that is why not all the documents are attached. Mr. Blasie stated that Mr. Brunson did appear at the fine certification and Chairman DeLiso said he remembers this case. He noted that Mr. Brunson could not do any work because he was seeing doctors. The Board certified the fine because Mr. Brunson was 26 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 not certain when he could come into compliance. Chairman DeLiso said this is a hardship case and Mr. Brunson said he did not have any money. Chairman DeLiso asked Mr. Brunson if he was trying to refinance or sell the property and Mr. Brunson said he tried to get the house refinanced, but was not successful. He said he is now back to work. Motion Based on the testimony and evidence presented in Case No. 98-1387, 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. 98-1387, by virtue of this Board’s Order of July 15, 1998, be reduced to $730.15 for administrative costs. Motion died for lack of second. Chairman DeLiso said the Board should be cognizant that the applicant has been out of work and does not have any money and when he went back to work he attempted to fix up his property. Mr. Foot disagreed with this reasoning and stated that his neighbors had to look at this property. Vice Chair Hammer noted that the applicant does not have the money. Chairman DeLiso said this Board is not here to punish people and make money, but to make compliance. Mr. Foot felt that the taxpayers will now have the responsibility for the administrative costs if the owner does not pay for the expenses. Mr. Foot said the Board has the responsibility to the City to maintain the law. Chairman DeLiso noted that the applicant is also a taxpayer. Ms. Williams said that cases should be looked at on an individual basis and when a needy person comes before the Board, the Board needs to show some type of compassion. Motion Based on the testimony and evidence presented in Case No. 98-1387, 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. 27 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 Williams moved that this Board recommend to the City Commission that the fine instituted in Case No. 98-1387, by virtue of this Board’s Order of July 15, 1998, be rescinded and that the lien imposed by that Order by released. Motion seconded by Vice Chair Hammer. Motion carried 6-1. (Mr. Foot dissenting) A. CASES TO BE HEARD Case #99-2474: Tonessa Larocque th Property Address: 2510 NE 4 Court Description: Pt. 3 – LDR, Chapter 20-VIII, Section 1.G; 10-2 and 10-3 B.B.C. or Ord.; Please mow, trim and de-weed and maintain property; remove windows or secure them with wood; overgrowth and/or debris; hurricane hazards. Inspector Barquin stated the property was originally cited on September 29, 1999 through routine inspection and service was made by posting. The City is recommending 30 days. Mr. Foot asked if there was an unsafe condition that existed and Inspector Barquin said there was none. The hurricane hazard is no longer present and the shutters have been lowered. Inspector Barquin felt the house was secure. Motion Based on the testimony and evidence presented in Case No. 99-2474, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Tonessa Larocque is in violation of Code Sections Pt. 3 – LDR, Chapter 20-VIII, Section 1.G; 10- 2 and 10-3 B.B.C. of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before December 13, 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 7-0. 28 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 Case #99-1863: Jerry McAdoo th Property Address: 201 NW 7 Avenue Description: Chapter 15, Article IX-15-120 (D) .1A, 120 (D) 1.E, SBC ’94 ED 104.1.1 and 13-16 B.B.C. of Ord. Repair driveway; sod all bare areas in yard and swale; occupational license needed; permits needed; occupational license required. Inspector Webb stated the property was originally cited on July 27, 1999 through routine neighborhood inspection. Service was obtained by posting and staff recommends 90 days. Motion Based on the testimony and evidence presented in Case No. 99-1863, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Jerry McAdoo is in violation of Code Sections Chapter 15, Article IX-15-120 (D) .1A, 120 (D) 1.E, SBC ’94 ED 104.1.1 and 13-16 B.B.C. of Ordinances.Mr. Lambert 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 re- inspection of the property to verify compliance with this Order. Motion seconded by Ms. Williams. Motion carried 7-0. Case #99-2444: Job Sylvain/Josette M. Bouchard th Property Address: 620 NE 7 Avenue Description: Chapter 15, Article IX-15-120 (D) 1.E; Property must be kept mowed, free of trash; install sod in bare areas in front yard. Inspector Webb stated the property was originally cited on September 21, 1999 through routine neighborhood inspection. Service was made by certified mail and staff recommends 30 days. 29 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 Motion Based on the testimony and evidence presented in Case No. 99-2444, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Job Sylvain/Josette M. Bouchard are in violation of Code Sections Chapter 15, Article IX-15- 120 (D) 1.E of the City Code of Ordinances.Mr. Lambert moved to order that the Respondents correct the violations on or before December 13, 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 7-0. Case #99-2481: Chase Manhattan Mortgage Corp. rd Property Address: 115 NW 3 Avenue Description: Chapter 15, Article IX-15-120 (D) 1, Inc.; trim bushes; install sod in front yard; remove all loose trash from yard and carport. Inspector Webb stated the property was originally cited on September 30, 1999 through routine neighborhood inspection. Service was obtained by certified mail and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-2481, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Chase Manhattan Mortgage Corp. is in violation of Code Sections Chapter 15, Article IX-15- 120 (D) 1, Inc. of the City Code of Ordinances.Mr. Lambert moved to order that the Respondent correct the violations on or before December 13, 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 Vice Chair Hammer. Motion carried 7-0. Case #99-2510: Gertrude Jean-Baptiste nd Property Address: 616 NE 2 Street Description: Chapter 15, Article IX-15-120 (D) 1, Inc.; Remove all trash and debris; 30 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 remove unpermitted shed; trim all bushes and mow weeds; install sod in bare areas. Inspector Webb stated the property was originally cited on October 7, 1999 through routine neighborhood inspection. Service was obtained by certified mail and staff recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-2510, 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 Chapter 15, Article IX-15-120 (D) 1, Inc. of the City Code of Ordinances.Mr. Lambert moved to order that the Respondent correct the violations on or before December 13, 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 Vice Chair Hammer. Motion carried 7-0. Case #99-1853: John W. Burns st Property Address: 135 SW 1 Avenue Description: Section 13-16 B.B.C. of Ord.; Rental units require an occupational rental license. Inspector Lewis stated the property was originally cited on July 23, 1999 and the City recommends 90 days. Motion Based on the testimony and evidence presented in Case No. 99-1853, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that John W. Burns 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 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 re- inspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. 31 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 Motion carried 7-0. Case #99-2011: York Builders, Inc. nd Property Address: 651 SW 2 Avenue Description: Chapter 10, Article II, 10-24, Inc., Chapter 15, Article IX-15-120 (D) 1, Inc., and SBC ’94 ED 104.1.1; Uncontainerized refuse; building permit and proper inspection is required for the window and exterior framework being done on the house; please have the tree vegetation removed from the swale area. Inspector Lewis stated that the property was originally cited on August 11, 1999 and the City recommends 60 days. Motion Based on the testimony and evidence presented in Case No. 99-2011, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that York Builders, Inc. is in violation of Code Sections Chapter 10, Article II, 10-24, Inc., Chapter 15, Article IX-15-120 (D) 1, Inc., and SBC ’94 ED 104.1.1 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 re-inspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Hammer. Motion carried 7-0. Case #99-2110: Timothy L. Augsback th Property Address: 127 SE 14 Avenue Description: Section 13-16 B.B.C. of Ord.; Every rental unit used for residential living purposes in the City must be licensed. Inspector Lewis stated the property was originally cited on August 24, 1999 and the City recommends 60 days. 32 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 Motion Based on the testimony and evidence presented in Case No. 99-2110, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Timothy L. Augsback is in violation of Code Sections 13-16 of the 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 re-inspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Hammer. Motion carried 7-0. Case #99-2158: H.P. Hipp, III rd Property Address: 815 SE 3 Street Description: Section 13-16 B.B.C. of Ord.; An occupational rental license is required. Inspector Lewis stated the property was originally cited on August 26, 1999 and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-2158, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that H.B. Hipp, III is in violation of Code Sections 13-16 of the B.B.C. of Ordinances.Mr. Lambert moved to order that the Respondent correct the violations on or before December 13, 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 Vice Chair Hammer. Motion carried 7-0. Case #99-2159: Joseph M. Skaates rd Property Address: 811 SE 3 Street Description: Chapter 15, Article IX-15-120 (D) .1A, 120 (D) .1B and 10-3 B.B.C. of Ord.; Overgrown property needs to be mowed, trimmed, de-weeded; Truck 33 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 camper shells stored on the roof need to be removed and stored indoors; any open stored items in the yard need to be removed; hurricane hazards. Inspector Lewis stated that the case was originally cited on August 22, 1999. The only violations remaining are the truck camper shells need to be removed from the roof and stored indoors. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-2159, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Joseph M. Skaates is in violation of Code Sections Chapter 15 – Article IX-15-120 (D). 1A and 120 (D) .1B of the City Code of Ordinances.Mr. Lambert moved to order that the Respondent correct the violations on or before December 13, 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 7-0. Case #99-2318: Alison J. and Leslie G. Bucklew, Jr. ` rd Property Address: 811 SE 3 Street Description: Chapter 15, Article IX-15-120 (D) 1, Inc., 10-2 and 15-16 B.B.C. of Ord.; Property needs to be mowed and de- weeded; front, rear and sides; all overgrown hedges need to be cut; visible street number is required; grass needs to be planted in dead areas of the lawn visible from the street; mandatory building street numbers. Inspector Lewis stated the property was originally cited on September 10, 1999 and the City recommends 30 days. 34 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 Motion Based on the testimony and evidence presented in Case No. 99-2318, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Alison J. and Leslie G. Bucklew, Jr. are in violation of Code Sections Chapter 15, Article IX-15- 120 (D) 1, Inc., 10-2and 15-16 B.B.C. of the City Code of Ordinances.Mr. Lambert moved to order that the Respondents correct the violations on or before December 13, 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 7-0. Case #99-2336: J. Tom Branch th Property Address: 813 SE 4 Street Description: PT 3-LDR, Chapter 20, VIII, Section 1.G, SBC ’94 ED 105.6; Permit #98- 4188 unsafe water heater needs to be repaired; see copy of “red tag” dated July 26, 1999. Inspector Lewis stated the property was originally cited on September 23, 1999. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-2336, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that J. Tom Branch is in violation of Code Sections PT 3-LDR, Chapter 20, VIII, Section 1.G, SBC ’94 ED 105.6 of the City Code of Ordinances.Mr. Lambert moved to order that the Respondent correct the violations on or before December 13, 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 Vice Chair Hammer. Motion carried 7-0. 35 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 Case #99-2394: Raymond T. Zompa th Property Address: 416 SW 5 Avenue Description: Chapter 15, Article IX-15-120 (D) 1, Inc.; Property needs to be mowed and de-weeded; all overgrown trees, hedges and bushes need to be cut; inoperative auto needs to be removed. Inspector Lewis stated the property was originally cited on September 23, 1999. The City recommends 60 days. Motion Based on the testimony and evidence presented in Case No. 99-2394, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Raymond T. Zompa is in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc., 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 Respondents do 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 Vice Chair Hammer. Motion carried 7-0. Case #99-464: Earnestine Waters th Property Address: 160 NE 19 Avenue Description: Chapter 15, Article IX-15-120 (D), Inc and 13-16 B.B.C. of Ord.; Please install grass in yard and swale areas where bare spots occur; occupational license required. Inspector Melillo stated the property was cited on February 23, 1999 for Community Appearance Code and Occupational License required through routine neighborhood inspection. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-464, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Earnestine Waters is in violation of Code Sections Chapter 15, Article IX-15-120 (D), 36 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 Inc. and 13-16 of the B.B.C. of Ordinances.Mr. Lambert moved to order that the Respondent correct the violations on or before December 13, 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. Mr. Foot inquired if this would be enough time. Inspector Melillo stated that part of the yard was sodded recently and rugs have been placed in the yard alongside the driveway. Inspector Melillo stated 30 days was sufficient Motion carried 7-0. Case #99-498: Larry B. Adams nd Property Address: 1990 NE 2 Lane Description: Chapter 15, Article IX-15-120 (D), Inc.; Please remove all loose trash and debris from yard, back, front and swale areas; remove all unregistered motor vehicles; install grass in yard and swale. Inspector Melillo stated the case was originally cited on March 3, 1999 through routine inspection of the neighborhood. Service was made by posting and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-498, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Larry B. Adams is in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc. of the City Code of Ordinances.Mr. Lambert moved to order that the Respondent correct the violations on or before December 13, 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 Vice Chair Hammer. Motion carried 7-0. 37 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 Case #99-1847: Joseph W. and Marie L. Luma st Property Address: 1516 NE 1 Street Description: SBC ’94 ED 104.1.1 and 13-16 B.B.C. of Ord.; Please obtain a permit for enclosing your garage and a single- family rental occupational license. Inspector Melillo stated that the case was originally cited on August 23, 1999. Mr. Melillo stated that the permit has complied and the violator has a permit. Section 13-16 has not complied. Service was made by posting and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-1847, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Joseph W. and Marie L. Luma are in violation of Code Sections 13-16 of the B.B.C. of Ordinances.Mr. Lambert moved to order that the Respondents correct the violations on or before December 13, 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 7-0. Case #99-2009: George & Alma L. Diamond th Property Address: 181 NE 18 Avenue Description: Chapter 15, Article IX-15-120 (B) .1 and 120 (D), Inc; Please remove all trash and debris including rugs in yard; install grass in yard and swale. Inspector Melillo stated the property was originally cited on August 11, 1999 through routine inspection of the neighborhood. Service was obtained by certified mail and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-2009, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that George and Alma L. Diamond are in violation of Code Sections Chapter 15, Article IX-15-120 (B) 1 and 120 (D), Inc. of the City Code of Ordinances.Mr. Lambert moved to order that the Respondents correct the violations on or before December 13, 1999. If the 38 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 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 Vice Chair Hammer. Motion carried 7-0. Case #99-2079: Patricia and Morris Grover, Jr. th Property Address: 100 NE 18 Avenue Description: Chapter 15, Article IX-15-120 (D) .1A; Please remove and/or register your black 2-door Pontiac Trans AM. Inspector Melillo stated the case was originally cited on September 8, 1999 through routine inspection of the neighborhood. Service was obtained by posting and the City recommends 15 days. Motion Based on the testimony and evidence presented in Case No. 99-2079, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Patricia and Morris Grover, Jr. are in violation of Code Sections Chapter 15, Article IX-15-120 (D) .1A of the City Code of Ordinances.Mr. Lambert moved to order that the Respondents correct the violations on or before December 2, 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 7-0. Case #99-2169: Willie Mae Owens th Property Address: 140 NW 14 Avenue Description: Chapter 15, Article IX-15-120 (D) .1A; Please remove, repair and/or register your 4-door red Datsun. Inspector Melillo stated the property was originally cited on August 27, 1999 through routine neighborhood inspection. Service was made by certified mail and the City recommends 15 days. 39 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 Motion Based on the testimony and evidence presented in Case No. 99-2169, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Willie Mae Owens is in violation of Code Sections Chapter 15, Article IX-15-120 (D) .1A of the City Code of Ordinances.Mr. Lambert moved to order that the Respondent correct the violations on or before December 2, 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. Williams. Motion carried 7-0. Case #99-2176: Michelet & Renose Louis th Property Address: 300 NW 14 Avenue Description: Chapter 15, Article IX-15-(B) .1, 120 (D) .1A, and Section 15-16 B.B.C. of Ord.; Please repair and/or register gray 2-door Hyundai; install grass in swale; remove all loose trash and debris; install number on house visible from the adjacent street Inspector Melillo stated that the case was originally cited on August 27, 1999. Inspector Melillo said that the car is gone and has complied. Service was obtained by posting and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-2176, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Michelet and Renose Louis are in violation of Code Sections Chapter 15, Article IX-15-120 (B) .1, 120 (D) .1A and 15-16 B.B.C. of Ordinances.Mr. Lambert moved to order that the Respondents correct the violations on or before December 13, 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 Vice Chair Hammer. Motion carried 7-0. 40 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 Case #99-2296: Joanne Falana-Bonimy th Property Address: 220 NW 20 Court Description: PT 3-LDR, Chapter 20, VIII, Section 1.G; Please secure your house to keep public from entering. Inspector Melillo stated the case was originally cited on September 9, 1999 through a complaint from the Police Department. Service was made by posting and the City recommends 10 days. It is possible that the Facilities Department will have to go over and board up the property. Motion Based on the testimony and evidence presented in Case No. 99-2296, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Joanne Falana-Bonimy is in violation of Code Sections PT 3 – LDR, Chapter 20, VIII, Section 1.G of the City Code of Ordinances.Mr. Lambert moved to order that the Respondent correct the violations on or before November 27, 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. Williams. Motion carried 7-0. Case #99-2421: Antonio F. Guzman rd Property Address: 2112 NE 3 Street Description: Chapter 15, Article IX-15-120 (D) 1.D; Please mow grass, weeds and trim your yard and swale. Inspector Melillo stated the case was originally cited on September 28, 1999 through routine neighborhood inspection. Service was made by posting and the City recommends 10 days. Motion Based on the testimony and evidence presented in Case No. 99-2421, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Antonio F. Guzman is in violations of 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 November 27, 1999. If the Respondent does not comply with this Order, a 41 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 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 Vice Chair Hammer. Motion carried 7-0. Case #99-2142: Charles & Debra Cobb Property Address: 111 Arthur Court Description: Chapter 15, Article IX-15-120 (D) 1.B; Please de-weed driveway. Inspector Cain stated the property was originally cited on August 26, 1999 and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-2142, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Charles and Debra Cobb are in violation of Code Sections Chapter 15, Article IX-15-120 (D) .1B of the City Code of Ordinances.Mr. Lambert moved to order that the Respondents correct the violations on or before December 13, 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 Vice Chair Hammer. Motion carried 7-0. Case #99-2245: J. Paul Remy & Martha Albert Property Address: 171 Ocean Parkway Description: Chapter 15, Article IX-15-120 (E) 2A; Sections 10-2 and 10-3 B.B.C. of Ord.; Please paint house; remove camper from rear yard; also trash and debris – it is a hurricane hazard. Inspector Cain stated the property was originally cited on September 2, 1999 and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-2245, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that J. Paul 42 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 Remy and Martha Albert are in violation of Code Sections Chapter 15, Article IX-15-120 (E) 2A, Section 10-2 and 10-3 B.B.C. of Ordinances.Mr. Lambert moved to order that the Respondents correct the violations on or before December 13, 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. Williams. Motion carried 7-0. Case #99-2305: Antoine Ramsey & Angela Smith Property Address: 130 Flamingo Drive Description: Chapter 15, Article IX-15-120 (D) Inc; Please repair driveway; install sod on west side of driveway. Inspector Cain stated the property was originally cited on September 9, 1999. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-2305, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Antoine Ramsey and Angela Smith are in violation of Code Sections Chapter 15, Article IX-15- 120 (D) Inc. of the City Code of Ordinances.Mr. Lambert moved to order that the Respondents correct the violations on or before December 13, 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. Rossi. Motion carried 7-0. VI. OLD BUSINESS A. LIEN PENALTY CERTIFICATIONS (Tabled) Case #98-1947 Charles & Carol Metcalf 12 Chelsea Lane Inspector Barquin requested to table this case for 60 days. He said the contractor is still trying to get the Certificate of Occupancy on the enclosure. 43 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 Motion Mr. Lambert moved that Case No. 98-1947 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. B. LIEN PENALTY CERTIFICATIONS th Case #99-679 Martha A. Moore & Eric N. Russ 440 NE 27 Avenue Inspector Cain stated the property was originally cited on April 17, 1999 for violation of the Community Appearance Code. No one appeared at the August 18, 1999 Code Compliance Board Meeting. A compliance date of September 13, 1999 was set or be fined $25 per day. The property is not yet in compliance. Motion Based on the testimony and evidence presented in Case No. 99-679, and having considered the gravity of the violations, the actions taken by the Respondents, and an and all previous violations committed by the Respondents, Vice Chair Hammer moved that this Board find that Martha A. Moore and Eric N. Russ 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 Ms. Williams. Motion carried 7-0. Case #99-1314 Dennis & Joan Kennamer 8562 Lawrence Road Inspector Cain stated the property was cited on June 8, 1999 for violations of the Community Appearance Code and abandoned vehicles and auto repair not allowed. The respondent appeared at the August 18, 1999 Compliance Board hearing. A compliance date of October 18, 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. 991314, and having considered the gravity of the violations, the actions taken by the Respondents, and all previous violations committed by the Respondents, Mr. Lambert moved that this Board find that Dennis and Joan Kennamer have violated this Board’s prior Order of August 44 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 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. Foot. Motion carried 7-0. th Case #98-4186 W.C. Collins Est. 1619 NE 4 Street 2355 Honeybrook Drive Melbourne, FL 32940 Inspector Melillo stated the property was originally cited on December 9, 1998 for violation of the Community Appearance Code and unfit/unsecured Building. No one appeared at the February 17, 1999 Code Compliance Board hearing. A compliance date of March 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. 98-4186, 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 the W.C. Collins Estate 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. Foot. Mr. Foot inquired if the City needed to do something about the pool. Inspector Melillo stated that the pool is not open, but there are some door panels missing and will have to be closed up. Mr. Blasie said if this Board wants the City to abate the nuisance, a motion is necessary. Motion carried 7-0. Motion Mr. Foot moved that this Board render an order in Case No. 98-4186 pursuant to Boynton Beach Code Chapter 2, Article V, Section 62-79 and recommend to the City Commission that the City abate the nuisance by making all reasonable repairs to bring 45 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 the property into compliance and to charge the violators for the cost of the repairs along with the fines incurred in this case. Motion seconded by Mr. Lambert. Motion carried 7-0. th Case #99-447 Barbara J. Bass 202 NE 16 Avenue Inspector Melillo stated the property was cited on March 17, 1999 for violation of the Community Appearance Code. The respondent did appear at the August 18, 1999 Code Compliance hearing. A compliance date of October 18, 1999 was set or be fined $25.00 per day. Inspector Melillo stated the son of the respondent was present tonight, but could not stay. He asked that the case be tabled for 30 days. Motion Mr. Lambert moved that Case No. 99-447 be tabled until the Code Compliance Board Meeting to be held on December 15, 1999. Motion seconded by Vice Chair Hammer. Motion carried 7-0. Case #99-1516 David & Flora Millines 102 S. Seacrest Ct. Inspector Melillo stated the property was cited on June 23, 1999 for violation of the Community Appearance Code. The respondent appeared at the August 18, 1999 Compliance Board Hearing. A compliance date of October 13, 1999 was set or be fined $25.00 per day per occurrence. The property has not complied as of yet. Mr. Lambert inquired what this case pertained to and Chairman DeLiso said this dealt with racing cars and trailers on the property. Chairman DeLiso asked if Mr. Blasie went out to the respondent’s property to assist him in working out the space for the vehicles. Mr. Blasie said he did go out to the property and that the respondent cleaned up some of the debris along the side of the driveway and got rid of one of the trailers. Mr. Blasie said the swale does not have grass and there are still two trailers in front of the house and part of a transmission is still lying in the driveway. Ms. Williams inquired about the location of this property and Mr. Blasie stated it was at the corner Seacrest and Seacrest Court. Inspector Melillo informed the Board that they had issued a cease and desist order with regard to the auto repairs that are taking place at the property. Inspector Melillo said he has pictures of auto parts and repairs in the yard. 46 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 Motion Based on the testimony and evidence presented in Case No. 99-1516, and having considered the gravity of the violations, the actions taken by the Respondents, and any all previous violations committed by the Respondents, Mr. Lambert moved that this Board find that David and Flora Millines have violated this Board’s prior Order of October 13, 1999, and this Board impose and certify a fine in the amount of $25.00 per day, per occurrence, 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 Vice Chair Hammer. Ms. Williams said she happened to go by this person’s house and said his yard is well kept. Inspector Melillo said that the actual driveway is on Seacrest Court. Mr. Lambert said that Board members aren’t supposed to personally visit these properties. Ms. Williams said if people come in with additional information, it should be considered and that people should be given the benefit of the doubt. Ms. Williams said she would have liked to have heard from the defendant in this case. Mr. Lambert stated he had been notified and should have been present this evening if he wanted to say anything. Mr. Rossi pointed out that 50% of the people do not show up because they do not care. Inspector Melillo also pointed out that the respondent had been cited 26 times in 10 years and 18 of the citations were for cars. Mr. Lambert said this is a certification of a fine and is not a case. Mr. Lambert requested that the discussion be closed at this point. Motion carried 6-1. (Ms. Williams dissenting) Case #99-1066 Sol & Bella Heifetz 2923 S. Federal Hwy 224 Carter court Northbrook, IL 60062 Inspector Roy stated the original notice of the violation was May 10, 1999 for violations of the Land Development Regulations. The case 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 fine $25.00. The property complied on October 4, 1999 or 20 days of non-compliance. The City recommends just the administrative costs since the owners are out of town and had problems with the landscape person who was doing the work. 47 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 Motion Based on the testimony and evidence presented in Case #99-1066, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondents, Sol and Bella Heifetz were in violation of Code Sections PT 3 – LDR, Chapter 7.5-II, Section 5.B, 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 Respondent failed to comply with this Board’s Order, and that this Board impose and certify a fine in the amount of $384.12 for administrative costs. Motion seconded by Mr. Rossi. nd Case #99-1247 Maureen H. Maas 3010 SE 2 Street Inspector Roy stated the property was originally cited on June 2, 1999 for violation of the Community Appearance Code. No one appeared at the August 18, 1999 Code Compliance Board hearing. A compliance date of September 13, 1999 was set or be fined $25.00 per day. The property has not yet complied for 65 days to date. Motion Based on the testimony and evidence presented in Case No. 98-1247, 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 Maureen H. Maas has 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 Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Vice Chair Hammer. Motion carried 7-0. th Case #99-1551 Clyde & Deena Chapman 906 SW 27 Terrace Inspector Roy stated the property was originally cited on June 28, 1999 for violation of the Community Appearance Code. No one appeared at the August 18, 1999 Code Compliance Board hearing. A compliance date of September 13, 1999 was set or be fined $25.00 per day. The property is not yet in compliance for 65 days to date. Inspector Roy said he contacted the respondent and he referred her to the Community Redevelopment Department for assistance. The respondent did get an application and Inspector Roy requested that the case be tabled until the December meeting. Inspector Roy said the respondent is a single mother with four children and the house is in a great deal of disrepair. Inspector Roy is uncertain if the respondent will qualify and 48 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 suggested tabling the case for 30 days. At that time another determination can be made. Motion Mr. Lambert moved that Case No. 99-1551 be tabled until the Code Compliance Board Meeting to be held on December 15, 1999. Motion seconded by Mr. Foot. Motion carried 7-0. th Case #98-3158 C.J. & Oddesser Ousley 409 NW 9 Avenue Inspector Webb stated the property was cited on August 31, 1998. No one appeared at the Code Compliance Board hearing on December 16, 1998. A compliance date of February 16, 1999 was set or be fined $25.00 per day. The property has not complied for 274 days of non-compliance. Motion Based on the testimony and evidence presented in Case No. 98-3158, 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 C.J. and Oddesser Ousley have 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 Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Rossi. Motion carried 7-0. rd Case #99-999 Secretary of HUD 803 NE 3 Street 299 Alhambra Circle #503 Coral Gables, FL 33134 Inspector Webb stated the property was originally cited on April 30, 1999 for violation of the Community Appearance Code and Occupational License Required. No one appeared at the Code Compliance Board Hearing on July 31, 1999. A compliance date of August 16, 1999 was set or be fined $25.00 per day. The property has not yet complied for 93 days of non-compliance. Motion Based on the testimony and evidence presented in Case No. 99-999, and having considered the gravity of the violations, the actions taken by the Respondent, and any 49 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 and all previous violations committed by the Respondent, Mr. Lambert moved that this Board find that Secretary of HUD has violated this Board’s prior Order of July 21, 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 7-0. D. FORECLOSURES Case No. 98-3953 Carpio Raimundo Case No. 99-676 Gertrude Dunbar Case No. 98-1475 Joanne Falana-Bonimy Case No. 98-3977 Guy Estella Case No. 98-2837 Juanita Wright Case No. 98-2165 Gary & Earlene Roberts Case No. 98-2839 John Snow Case No. 99-555 Claude Francois Case No. 98-2805 Willie & Eva Hollis Case No. 98-3737 J. & Deloris Bell Case No. 98-3854 Blas Leandro Case No. 99-192 Bosa Pavlovic Case No. 99-386 Ruby Allen Motion Mr. Lambert moved that the above cases listed on tonight’s Agenda be forwarded to the City Attorney’s Office for foreclosure. Motion seconded by Mr. Foot. Motion carried 7-0. VII. OTHER BUSINESS Legal Obligations of Municipal Boards (Assistant City Attorney Igwe) Attorney Igwe distributed a handout to the Board members. Attorney Igwe said he would be discussing the legal obligations of municipal boards under the Florida Sunshine Law. This will be helpful for the new members on the Boards who are not familiar with the Florida Sunshine Law. Attorney Igwe read the handout to the Board members. (A copy of which is attached to and made a part of the minutes of this meeting.) 50 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 He pointed out the following: Meetings must be open to the public; ? Reasonable notice of such meetings must be given; ? Minutes of the meetings must be taken; and ? Sunshine Law does not prohibit socializing. ? Attorney Igwe also explained that the law permits a local governing body to meet in the shade and how this would not apply to this Board. Consequences of violation of the Sunshine Law are – (Anyone who knowingly violates the Sunshine Law faces any of the following sanctions): ? Second degree misdemeanor prosecution; ? Possible removal from office by the Governor upon conviction; ? A non-criminal infraction of $500; ? If convicted, the board member is liable for the prosecutor’s attorney’s fees; and ? Action taken in violation of the Sunshine Law is invalid, void ab initio. Attorney Igwe also explained that under the Statute, Public Records are open to inspection. This means that all papers generated by the City in connection with its business is considered a public record. Voting Attorney Igwe explained that for all items that come before the Board every member has to participate in voting either yes or no, except if a member voting would benefit him or his relatives resulting in a special gain or loss by participating in the voting. In this particular case, the member must: ? Declare a voting conflict and abstain from voting; and ? Within 15 days of the vote file a written memorandum of conflict, stating the nature of the conflict with the City Clerk, which shall be made part of the minutes of the meeting. Board members are clearly prohibited from soliciting or accepting gifts. Accepting a gift could influence a board member and Attorney Igwe gave the explanation of a gift under the Statute. A question and answer session followed. 51 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 Ms. Williams inquired about her involvement with the Community Forum where residents come to the meeting and express themselves about their concerns and some of the people will mention some of the code officers. Ms. Williams said a gentleman came to a meeting to speak about some issues that were brought before this Board, as well as the Commission. Ms. Williams inquired if this was a conflict? Ms. Williams said Mr. Millines came to the Forum and spoke about his situation and he felt he was being overly cited. However the last time Mr. Millines came to the Forum he spoke positively about the Code Department trying to work with him and assist him. Attorney Igwe said there are several aspects to conflicts. When Ms. Williams attends the Community Forum and people are voicing their opinion about code enforcement, as long as no two members of the Board discuss the issues or items that may potentially come before the Board, there would not be any violation of the Sunshine Law. The second part would be if anybody in the community comes up to you and asked you to help them out, you should point out that the Statute prohibits Board members from acting as Code Compliance Officers. If someone asks you to come look at their property, you must say no and that you cannot act as a Code Compliance Officer. If anyone has a complaint, you should refer him or her to the supervisor of the Code Department. Attorney Igwe pointed out that this Board sits as a court and therefore a Board member cannot look at the evidence prior to the case. Attorney Igwe said it would be a complete violation of the Statute for a Board member to go look at a person’s property or to listen to the person. The person should be referred to the Code Supervisor or to the Assistant City Attorney. Chairman DeLiso asked if it were a violation of the Sunshine Law if two Board members discussed a certain property or case? Also, he asked if it was wrong to speak to a resident about a particular case. Attorney Igwe said there is a separate statute, separate from the Sunshine Law, that members of the Board shall not act as Code Enforcement Officers or give the appearance of Code Enforcement Officers. Attorney Igwe said the member should inform that person that they cannot get involved in this, because this is a matter that will be brought before the Board. Mr. Blasie thanked Ms. Williams for all the work she does in the community and he said he has been to her meetings and people do come to the meetings and speak about the code enforcement or other City departments. This is a place for citizens to go and express their opinions and views. Mr. Blasie said that if a member is aware that there is an active code case, a Board member should inform that person that you are not permitted to discuss the case. 52 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17, 1999 Mr. Igwe said with regard to the Community Forum, this is a public forum and people are allowed to come and speak their minds. However, if a Board member is approached, he or she should refer the issue to Mr. Blasie. VIII. ADJOURNMENT Motion Vice Chair Hammer moved that the meeting adjourn. Motion seconded by Mr. Foot. The meeting properly adjourned at 11:00 p.m. Respectfully submitted, __________________________________ Barbara M. Madden Recording Secretary (4 tapes) 53