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Minutes 08-18-99 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, AUGUST 18, 1999 at 7:00 P.M. PRESENT Christopher DeLiso, Chairman Nicholas Igwe, Assistant City Bob Foot Attorney Patti Hammer Scott Blasie, Code Compliance Dick Lambert Administrator James Miriani Inspectors: Ralph Barquin Larry Finkelstein, Voting Alternate Courtney Cain Enrico Rossi Skip Lewis Sara Williams, Non-voting Alternate Mike Melillo Pete Roy ABSENT Willie Webb Mark S. Frederick, Vice Chairman I. CALL TO ORDER Chairman DeLiso called the meeting to order at 7:05 p.m. II. APPROVAL OF MINUTES OF JULY 21, 1999 MEETING Chairman DeLiso called for a motion to approve the minutes of the July 21, 1999 meeting. Motion Ms. Hammer moved that the minutes of the July 21, 1999 meeting be approved. Motion seconded by Mr. Foot. Motion carried 7-0. III. APPROVAL OF THE AGENDA Chairman DeLiso asked Mr. Blasie if there were any additions or deletions to the Agenda. Mr. Blasie stated that the following case should be added to the Agenda: MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 A.Page 72A (97-3949), Beulah L. Taylor & Charles L. Boatley Mr. Foot requested the addition of a report from Mr. Blasie on the disposition of the five th lien reductions that were presented to the City Commission on August 17. Chairman Blasie stated this would be added to the end of the Agenda before Adjournment. Mr. Blasie said that the following cases should be deleted from the Agenda. B. Page 2 (Case 99-0040), Southern Fence (removed) C. Page 4 (Case 99-1403), Angela Minor (removed) D. Page 5 (Case 99-1411), Daniel Jacques (closed) E. Page 6 (Case 99-1427), Tyler Kitching (closed) F. Page 10 (Case 99-0568), R. & Catherine Nothnagle, Jr. (removed) G. Page 36 (Case 99-1511), Raymond & Linda Torres (complied) H. Page 44 (Case 99-0726),T.C.Prop. of the Palm Beaches (removed) I. Page 50 (Case 99-1395), Michael Puder (removed) Chairman DeLiso called for a motion to approve the Agenda, as amended. Motion Ms. Hammer moved that the Agenda, as amended be approved. Motion seconded by Mr. Lambert. Motion unanimously carried. Chairman DeLiso introduced Commissioner Ron Weiland who was in attendance this evening. IV. SWEARING IN OF WITNESSES AND INTRODUCTION Chairman DeLiso instructed the Recording Secretary to administer the oath to all persons who would be testifying this evening. V. NEW BUSINESS Chairman DeLiso stated that this Board follows Florida State Statute 162 and is a quasi-official Board. When a respondent takes the podium he should state his name and address for the record and can plead “not guilty” if he feels that the violation on the property does not exist. In that case, the City would put on their case and the respondent will present his case. The Board would then decide if the violation exists. If a violation exists on your property, the Board will give the violator a reasonable amount of time to correct the violation. 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 2 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 time. Usually the Board will grant the requested amount of time. When the violation has been corrected within the allotted amount of time, you do not need to appear before this Board again. However, if the violation is not corrected, you would have to re-appear before this Board. Chairman DeLiso instructed Mr. Blasie to call the roll. Mr. Blasie welcomed Ms. Sarah Williams the new Board’s Alternate. Mr. Blasie congratulated Mr. Larry Finkelstein on his appointment as an Alternate to the Planning and Development Board. He will be missed by this Board. Mr. Blasie requested that all persons who were present this evening to please respond by raising their hand and stating “here”. When Mr. Blasie called Charles & Fred Rahming, Calvin Rahming informed Mr. Blasie that he would be representing the Rahmings. He informed Mr. Blasie that he was a brother of the respondents and that the property is being turned over to him. Attorney Igwe inquired why the respondents were not present and Calvin Rahming replied that the attorney has turned the property over to him. Attorney Igwe asked if he had any documentation to this effect and Mr. Rahming replied that all the papers were in the attorney’s office. Mr. Rahming furnished the name of the attorney to Attorney Igwe. Attorney Igwe stated that it would be in order for Mr. Calvin Rahming to be heard this evening. Mr. Foot noted there was an attorney present this evening and asked if this case could be heard first. Chairman DeLiso agreed that this case would be heard first. A. CASES TO BE HEARD Case No. 99-758: Bankers Trust Co. of California, TR nd Property Address: 130 SE 2 Avenue Violations: Chapter 15, Article IX-15-120 (E) 2 and 120 (D) 1, Inc.; Swale and apron area must be maintained weed free; driveway needs to be repaired; house needs to be painted and windows repaired. All trash and debris must be removed from property. Inspector Lewis stated the case was originally cited on April 13, 1999 for violation of the Community Appearance Code. Attorney Malcolm Anderson, 3135 S. Congress Avenue, West Palm Beach, Florida took the podium and stated he was representing Bankers Trust and pled no contest. Attorney Anderson agreed that the violations exist 3 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 and requested 90 days to bring the property into compliance due to extensive repairs. With regard to removal of the debris and rubbish, he noted this could be done in 30 days. Chairman DeLiso requested to view the photographs. Inspector Lewis said he only had photographs of the front of the property. Chairman DeLiso inquired if the Bank was planning to sell the property and Attorney Anderson said they were. Mr. Foot inquired if the trash and debris created any type of hurricane hazard. Inspector Lewis stated that the trash in front of the property has been removed. However, he was unable to inspect the back of the property and is not certain if there is trash in the back. Inspector Lewis noted that work has already begun on the property, which the Attorney confirmed. Chairman DeLiso said the Board appreciated Attorney Anderson’s attendance at the hearing this evening. Motion Based on the testimony and evidence presented in Case No. 99-0758, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Bankers Trust Company of California, TR is in violation of Code Sections Chapter 15, Article IX-15-120 (E) 2 and 120 (D) 1, Inc. of the City Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violation on or before November 15, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re- inspection of the property to verify compliance with this Order. Motion seconded by Mr. Rossi. Motion carried 7-0. Case No. 98-3509: Barbara A. Watson th Property Address: 141 SE 25 Avenue Violations: Chapter 15, Article IX-15-120 (E) 2 and 120 (D), Inc.; Cut all overgrowth; de-weed swale area; restore lawn; repair driveway; repair all rotted wood and paint; remove all unregistered vehicles from property. Inspector Roy said the property was originally cited on September 30, 1998 for violation of the Community Appearance Code through a complaint from an anonymous neighbor. Inspector Roy presented two photographs into evidence. 4 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 th Ms. Barbara Watson took the podium and stated she resides at 141 SE 25 Avenue, Boynton Beach and pled guilty. Chairman DeLiso asked how much time the respondent needed. Ms. Watson said she is disabled and her son “hung” himself last August and now her entire life is getting her son back to normal. Ms. Watson said she has to take her son to Miami three times per week for rehabilitation. She presented copies of the medications she takes which do not allow her to be out in the sun. Chairman DeLiso inquired if Ms. Watson should be referred to Community Development for assistance. Ms. Watson said they were supposed to help her, but that she received a letter from Community Development because she purchased an automobile. She said she sold her son’s truck and her car and she used this money for a down payment. Ms. Watson said she needs a car because she has to take her son to various places. Ms. Sherrod also informed Ms. Watson that she has to bring the property into compliance before she can receive assistance. Ms. Watson informed the Board of all the yard work she did to bring the property into compliance. She has purchased a shed for the back yard and has passed two inspections to date. Ms. Watson said she has not laid the cement because of the heat as it makes her ill. She said he would get the work done eventually. Mr. Blasie said that Community Improvement has committed to do the repairs on her house, but the property must be brought into compliance, which is a mandate of the Community Development rules. Inspector Roy said once the weeds are removed, Community Development can make the repairs. Mr. Blasie suggested that the Board could split its order so that the respondent could meet compliance for the weed removal and then Community Development could make their repairs. Chairman DeLiso asked about youth volunteers under the auspices of Hank Ackermann. Mr. Blasie said that Mr. Ackermann and himself went to Ms. Watson’s house and volunteers did show up. However, a difference of opinion on how to meet code arose between Ms. Watson and the volunteers and the volunteers left. Ms. Watson felt they were cutting everything down in the yard. Chairman DeLiso suggested that Mr. Blasie contact Mr. Ackermann again to see if the situation could be worked out to everyone’s satisfaction. Ms. Watson stated she paid someone $300 to clean her yard and he never came back and now she has no money to pay her house insurance. Chairman DeLiso told Ms. Watson she did not have to pay the volunteers. Chairman DeLiso requested that Mr. Blasie coordinate a date for the volunteers and Mr. Ackermann to help clear Ms. Watson’s yard. Motion Based on the testimony and evidence presented in Case No. 98-3509, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Barbara 5 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 Watson 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 violation on or before September 14, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Ms. Hammer. Motion carried 7-0. Motion Based on the testimony and evidence presented in Case No. 98-3509, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Barbara Watson is in violation of Code Sections Chapter 15, Article IX-15-120 (E) 2 of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violation on or before February 14, 2000. If the Respondent does not comply with this Order, a fine in the amount of $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 No. 99-0717: Neeck & Venande Simeus Property Address: 116 W. Ocean Dr. Violations: SBC ’94 ED 104.1.1; please secure permits and receive proper inspections for permit when required; remodeling work being done on the interior and exterior of the house. Inspector Lewis stated the case was originally cited on April 8, 1999 for violation of the Standard Building Code. The property was cited through routine inspection and service was made by certified mail. Permits are needed for the front door and French doors in the back. Neeck Simeus, 116 W. Ocean Drive, Boynton Beach took the podium and said he recently purchased the property and when he went to the property after the closing, there were no keys and he did not have access to the inside. The respondent said the previous owner had installed the front door and there were no keys. He said the sliding glass doors in the rear of the house were broken. Mr. Simeus said he was pleading not 6 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 guilty. Chairman DeLiso asked the respondent if he changed the front door and he said he did. Chairman DeLiso said a permit is needed for that. Chairman DeLiso asked Inspector Lewis to clarify what doors were replaced. Inspector Lewis said the front door was replaced. The respondent would not allow him access to the house, but Inspector Lewis presented a side-view picture which shows there was block work done. Chairman DeLiso asked the respondent if he understood why he was being cited and he said he understood. Inspector Lewis presented recent photos to the Board to review which shows there is still construction debris behind the hedge at the property. Inspector Lewis said he noticed the French doors in the back when he looked through the front window. Attorney Igwe asked the respondent if the photos were photos of his house and he replied they were. Inspector Lewis said that the sliding glass doors were taken out and French doors were put in and this requires a permit. Inspector Lewis was uncertain for the reason for the block work. Chairman DeLiso asked the respondent if he took the sliding doors out and replaced them with French doors and placed blocks around the new doors. He replied they were broken and he replaced them. Chairman DeLiso asked the respondent if he obtained a permit and he replied he did not. He said he did not have time to get a permit because he just purchased the house and the doors were broken. Chairman DeLiso informed the respondent that he had to obtain a permit and his not guilty plea was inaccurate. Chairman DeLiso inquired how much time the respondent would need to obtain a permit. He replied he is waiting for product approval on the doors and then he can get the permit. Chairman DeLiso inquired why product approval was necessary and the respondent replied the Building Department required it. It was determined that a building permit cannot be obtained without product approval. The respondent said he is waiting to receive the product approval through Home Depot. Motion Based on the testimony and evidence presented in Case No. 99-0717, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Neeck and Venande Simeus are in violation of Code Sections SBC ’94 104.1.1 of the City Code of Ordinances. Mr. Lambert moved to order that the Respondents correct the violation on or before October 19, 1999. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Rossi. 7 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 Motion carried 7-0. Case No. 99-1135: David Dennis Property Address: 1314 S. Seacrest Blvd.. Violations: SBC ’94 ED 104.1.1; A permit is required for the remodeling work done on the single family home, changing it to a duplex. If permits cannot be obtained, it must be made into a single-family home as listed with City and County records. Inspector Lewis stated the case was originally cited on May 21, 1999 for permit required. Inspector Lewis said that the case originated for an occupational license and when he went to the property to inspect it, the house was sealed off with a small room. The respondent purchased the house in this condition, but it is listed as a single-family house. There is no one currently renting the property. David Dennis, 1314 S. Seacrest Boulevard, Boynton Beach took the podium and agreed that when he purchased the property it was purchased in its current state and learned from Inspector Lewis that he would need a building permit. Mr. Dennis said he would like to speak with the Building Department and determine if he could get a permit to make it a rental. If he cannot, he would put it back into compliance as a single family. Mr. Dennis said he would need four months if he were required to make the necessary changes as he is short on money. Mr. Finkelstein asked how long it would take for the City to determine if the property could become a duplex and Inspector Lewis said it should not take more than a week or two. Mr. Dennis said he would like to keep the property as a duplex. Motion Based on the testimony and evidence presented in Case No. 99-1135, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that David Dennis is in violation of Code Sections SBC ’94 ED 104.1.1 of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violation on or before December 20, 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. Rossi. Motion carried 7-0. 8 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 Case No. 99-1571: Marie F. Joseph Property Address: 160 W. Ocean Drive Violations: 13-16 B.B.C. of Ord., Occupational license required. Inspector Lewis stated the case was originally cited on June 30, 1999. Inspector Lewis noted that all the other Community Appearance Code violations have complied. The property was cited through routine inspection and service was made by certified mail. Mr. Gary Raymond took the podium. Mr. Raymond said he was the brother of the respondent and pled no contest. Mr. Raymond asked for 90 days. Inspector Lewis stated that an inspection would be necessary to obtain the occupational license and Chairman DeLiso said 90 days was too long. Mr. Foot asked if there was a possibility that the property might not pass inspection and Inspector Lewis said that there is and Inspector Lewis would recommend 60 days. Motion Based on the testimony and evidence presented in Case No. 99-1571, Ms. Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Marie F. Joseph is in violation of Code Sections 13-16 B.B.C. of Ordinances. Ms. Hammer moved to order that the Respondent correct the violation on or before October 18, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day 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 requested that administrative costs be included in the fine. Ms. Hammer did not wish to include administrative costs in her motion. Mr. Foot withdrew his second of the motion. Motion seconded by Miriani. Motion carried 6-1. (Mr. Foot dissenting) Mr. Lambert did not recall any motions being made that did not include administrative costs. Chairman DeLiso said that the board member making the motion has to choose to include administrative costs in the motion. Attorney Igwe confirmed with Mr. Blasie that it was at the discretion of the Board member to include administrative costs. Mr. Rossi was under the impression that sometime back the Board passed a motion that administrative costs would be included in the motion. 9 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 The Recording Secretary interjected that she always included administrative costs as part of the fine as the prior Assistant City Attorney Pawelczyk had directed her and this direction is included somewhere in the minutes. The Recording Secretary said she was unaware that it had to be included in the vote, because she relied on his opinion. Mr. Foot said that the person being fined should be advised at the time of the hearing and that the administrative costs should not be added on subsequently. Attorney Igwe said that under the law, a person has to be advised what they are being charged for. Mr. Igwe was uncertain if this was included in the Code. It might, however, be implied that the person could be charged with administrative costs. Attorney Igwe suggested that administrative costs be mentioned each time in the vote. Case No. 99-0210: Guilbert & Denise H. Abelard st Property Address: 2371 NW 1 Street Violations: Chapter 15, Article IX-15-120 (D), Inc.; Please install sod in swale area; extend driveway on south side or sod it; permit may be required. Inspector Cain said the property was originally cited on January 26, 1999 for violation of the Community Appearance Code. The violation was discovered through routine inspection and service was made by hand carry. st Guilbert Abelard of 2371 NW 1 Street, Boynton Beach took the podium and pled no contest. The respondent asked for 60 days. The City agreed to 60 days. Motion Based on the testimony and evidence presented in Case No. 99-0210, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Guilbert and Denise Abelard 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 violation on or before October 18, 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 No. 99-1218: Raymond & Linda Torres Property Address: 2541 N. Seacrest Blvd. 10 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 Violations: Chapter 15, Article IX-15-120 (D) 1.D, 10-2 and 13-16 of the B.B.C. of Ord.; Please install sod in yard; remove Florida Holly; every rental unit in the City must be licensed. Inspector Cain said the property was originally cited on May 28, 1999. The property was cited through routine neighborhood inspection and service was accomplished by certified mail. Mr. Edwin Escobar of 5406 Blueberry Hill Avenue, Lake Worth, brother-in-law of the owners took the podium and asked for 30 days. Motion Based on the testimony and evidence presented in Case No. 99-1218, Ms. Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Raymond and Linda Torres are in violation of Code Sections Chapter 15, Article IX-15-120(D) 1 D, 10-2 and 13-16 of the B.B.C. of Ordinances. Ms. Hammer moved to order that the Respondents correct the violation on or before September 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. Lambert. Motion carried 7-0. Case No. 99-1220: Joel T. and Yola Blackshear nd Property Address: 329 NE 2 Avenue Violations: Chapter 15, Article IX-15-120 (D) .1A and 120 (D) 1.D; Please remove all unregistered vehicles from rear of property; install sod on west side of driveway or extend driveway; a permit may be required. Inspector Cain stated the property was originally cited on May 28, 1999 for violation of the Community Appearance Code. It was cited through routine inspection of the neighborhood and service was made by hand carry. rd Joel and Yola Blackshear of 329 NE 3 Avenue took the podium and pled no contest. The respondent requested 90 days to repair the driveway, but said she would remove the vehicles as soon as possible. The City agreed to 90 days. 11 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 Motion Based on the testimony and evidence presented in Case No. 99-1220, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Joel T. and Yola Blackshear are in violation of Code Sections Chapter 15, Article IX-15-120(D).1A and 120 (D) 1.D of the City Code of Ordinances. Mr. Foot moved to order that the Respondents correct the violation on or before November 15, 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. Lambert. Motion carried 7-0. Case No. 99-1314: Dennis R. & Joan W. Kennamer Property Address: 8562 Lawrence Road Violations: Chapter 15, Article IX-15-120 (D) Inc., PT 3 – LDR, Chapter 2, Section 5.C.1 and 10-52 (A) of the B.B.C. of Ord.; Please install sod in yard wherever dead or bare spots occur; remove all auto parts and junk from yard and carport and side of house; auto repair is not allowed in a residential neighborhood; recurring violation cases may still be brought before the Code Compliance Board even if violations have complied prior to the hearing. Inspector Cain stated the case was originally cited on June 8, 1999 for violation of the Community Appearance Code. The property was cited through a complaint from a neighbor and service was made by certified mail. Dennis Kennamer, 8562 Lawrence Road, Boynton Beach took the podium and asked to make a statement prior to entering his plea. Mr. Kennamer asked if he would be able to find out who the neighbor was who made the complaint and was informed he would not. Mr. Kennamer would like to know what constitutes “auto repair”. Inspector Cain replied that changing transmissions, motors, and carburetors in vehicles, in or near a residential neighborhood are “major auto repairs”. Inspector Cain presented photos for the Board to review. 12 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 Mr. Kennamer asked what “minor repairs” were and Inspector Cain stated that fan belts, changing tires or oil are allowed. Mr. Kennamer said he never had a problem with the bare spots on the grass and his property was recently incorporated into the City and was part of the County prior to the annexation. Mr. Kennamer said while the Sausolito development was being built every time there was wind, approximately 18” of sand would accumulate on the berm in front of his property. He never had problems with grass remaining on his property until the development went up. The respondent said he planned on seeding the bare spots. Mr. Kennamer pled no contest and asked for 90 days. Mr. Kennamer said he has been unhappy since he has been annexed into Boynton Beach. Chairman DeLiso said from the pictures it appears that the respondent is running a car repair business. Mr. Lambert inquired when the property was annexed into Boynton Beach and he replied in 1995. The respondent reminded the Board that Lawrence Road is currently being widened and his property is constantly getting covered with dirt. Mr. Foot asked what the City would recommend and Inspector Cain stated 60 days and said the City has had several complaints from the neighbors. Inspector Cain said that a police officer had a conversation with the respondent’s son who informed him that auto repairs have been taking place. Motion Based on the testimony and evidence presented in Case No. 99-1314, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Dennis R. and Joan W. Kennamer are in violation of Code Sections Chapter 15, Article IX-15- 120(D), Inc., PT 3 – LDR, Chapter 2, Section 5.C.1 and 10-52 (A) of the B.B.C. of ordinances. Mr. Lambert moved to order that the Respondents correct the violation on or before October 18, 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 No. 99-1157: Riverwalk Plaza Joint Venture Property Address: 1608 S. Federal Highway Violations: BBA ’94 105.4, SBC ’94 ED 104.6.1, Permit #96-4225 – See copies of “red tag” dated May 19, 1999 and punch list. 13 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 Inspector Roy said the case was a referral from the Development Department and the property has been in violation six times previously. The City recommends 30 days for compliance. Robert Levy, 1608 S. Federal Highway, Boynton Beach took the podium. Mr. Levy said with regard to the property line wall that is to be constructed, the respondent is going to apply for a variance. Mr. Levy said they would request 60 days on all the other items except for the wall variance. Mr. Levy pled no contest. Mr. Lambert asked Inspector Roy if he thought the respondent would get a variance for the wall and Inspector Roy had no idea. Inspector Roy said the respondent was supposed to install a wall on the south side of the Plaza and has not done so. Attorney Igwe noted that the Respondent had previously applied for a variance before the Planning and Development Board and it was denied. The respondent said that was correct. Mr. Levy said the wall was not on the original site plan and was added later as a code issue. Also the respondent said there were some problems with the City Commission dates for the hearing and he said he was given the wrong date and did not show up for the meeting. Mr. Levy said he received a letter today from the Interim City Manager in response to the respondent’s request to get back on the agenda. Attorney Igwe requested to look at the letter. Chairman DeLiso inquired if the variance could go before the Appeals Board within thirty days. Mr. Levy said he had to wait one year after the denial date, which is confirmed in the letter. Mr. Levy requested that the wall issue be left out of the punch list and they would take care of all the other items. The respondent said they were requesting not to have to build the wall, but to put up a fence with landscaping. Mr. Levy said there is no purpose for the wall. Mr. Lambert asked if a C.O. was issued and a temporary C.O was issued. Mr. Rossi did not think the respondent would receive special treatment and he would have to wait the year. Mr. Rossi thought that a wall between residential and commercial is required. Mr. Foot said the City could allow a hedge. It was noted that the permit was issued in 1996. Mr. Lambert did not think that this Board had the necessary information to make a decision. Mr. Lambert suggested separating the remainder of the items out and making a motion on those, leaving the wall out. Inspector Roy said that the City would agree to 60 days on the other items. Inspector Roy said the Code cannot be separated. Chairman DeLiso suggested that Mr. Don Johnson, the Building Official be consulted to get their version of the story. After discussion, it was determined to table the case for 30 days and invite Mr. Johnson to attend the September meeting, together with the respondent in order that both sides could be presented. 14 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 Motion Mr. Lambert moved to table Case No. 99-1157 until the Code Compliance Board Meeting to be held on September 15, 1999. Motion seconded by Mr. Finkelstein, which carried unanimously. Inspector Roy noted that there is also a fine certification on the same property for an awning, which is on a separate permit and requested that case be tabled as well. Case #99-1084 Riverwalk Plaza Joint Venture 1608 S. Federal Hwy. Motion Mr. Foot moved to table Case No. 99-1084 until the Code Compliance Board Meeting to be held on September 15, 1999. Motion seconded by Mr. Finkelstein, which carried unanimously. Case No. 99-1388: Fleet Mortgage Company th Property Address: 158 SE 27 Place Violations: Chapter 15, Article IX-15-120 (D), Inc.; Re-surface driveway; mow and trim overgrowth; grass to be maintained weed free. Inspector Roy stated the property was cited on June 11, 1999 through a complaint from a neighbor. Service was made by certified mail. th Ms. Joan Garland, 158 SE 27 Place, Boynton Beach took the podium and said she just purchased the property. Ms. Garland pled no contest. Chairman DeLiso asked to view the photographs. Inspector Roy said the respondent would have to get a permit. She asked for 90 days. Motion Based on the testimony and evidence presented in Case No. 99-1388, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Fleet Mortgage Companies (Joan Garland) is in violation of Code Sections Chapter 15, Article IX-15-120(D), Inc. of the City Code ofOrdinances. Mr. Lambert moved to order that the Respondent correct the violation on or before November 15, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriani. 15 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 Motion carried 7-0. Case No. 98-3792: Troy Davis rd Property Address: 2216 NE 3 Court Violations: Chapter 15, Article IX-15-120 (E) 2A, 120 (D), Inc. and 15-16 B.B.C. of Ord.; Please restore your driveway with concrete or asphalt; paint your house; install grass in yard and swale; install house numbers visible from street; remove all trash and debris from yard. Inspector Melillo stated the case was cited on November 3, 1998 through routine neighborhood inspection. Service was made by hand carry. rd Mr. Troy Davis, 2216 NE 3 Court, Boynton Beach took the podium and pled no contest and asked for 90 days. Inspector Melillo agreed to the 90 days. Inspector Melillo said that the respondent applied to Community Development for assistance, but was turned down. He has now gotten divorced and owns the property on his own. Chairman DeLiso asked the respondent if he is living on the property and he stated he was and asked to look at the photos. Chairman DeLiso said the property is a total wreck and did not think 90 days would be enough time. Mr. Foot inquired if the debris presented a hurricane hazard and the respondent said he would be taking care of the debris right away. Motion Based on the testimony and evidence presented in Case No. 98-3792, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Troy Davis is in violation of Code Sections Chapter 15, Article IX-15-120(E) 2A, 120 (D), Inc. and 15-16 of the B.B.C. ofOrdinances. Mr. Lambert moved to order that the Respondent correct the violation on or before December 20, 1999. If the Respondent 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 Mr. Foot. Motion carried 7-0. 16 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 Case No. 99-0447: Barbara J. Bass th Property Address: 202 NE 16 Avenue Violations: Chapter 15, Article IX-15-120 (D), Inc. and 15-16 B.B.C. of Ord.; Please remove all loose trash and debris including blocks, wood, buckets, etc. Inspector Melillo said the property was originally cited on March 17, 1999 for violation of the Community Appearance Code. Service was obtained by certified mail. Mr. Clarence Jones took the podium and pled no contest and requested 60 days. The respondent said he has complied with most of the debris and still has a couple of projects remaining. Mr. Jones said the property is his mother’s house and he lives with her. Inspector Melillo agreed to the 60 days. Motion Based on the testimony and evidence presented in Case No. 99-0447, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Barbara J. Bass is in violation of Code Sections Chapter 15, Article IX-15-120(D), Inc. of the Code ofOrdinances. Mr. Lambert moved to order that the Respondent correct the violation on or before October 18, 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. Miriani. Mr. Foot inquired about hurricane hazards and thought 30 days was too much time. Inspector Melillo said there are other items that the respondent needs to take care of and is trying to lay pavers in the driveway, which accounted for the blocks, wood and buckets. Mr. Jones said he would take care of most of the debris when he finished the driveway. Motion carried 6-1. (Mr. Foot dissenting) CHAIRMAN DeLISO CALLED FOR A RECESS AT 8:50 P.M. THE MEETING RECONVENED AT 9:05 P.M. (Ms. Hammer left the meeting at 9:05 p.m. because she was not feeling well. Ms. Sarah Williams became a voting alternate at that time.) 17 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 Case No. 99-1151: Cedrick L. Edwards th Property Address: 1601 NE 4 Street Violations: Pt 3-LDR, Chapter 20-VIII, Section 1.G; Please secure your building to keep the public from entering. Inspector Melillo stated the property was originally cited on May 24, 1999 through a neighborhood complaint. Service was made by posting and the City recommends 10 days. Ms. Kathryn Edwards took the podium and pled no contest and requested 30 days. Inspector Melillo stated the house needs to be secured and that kids have been going in and out of the house using it as a playhouse. He said the door was open and there was no sense in nailing the door shut since the windows were open. Inspector Melillo stated the entire building needs to be secured. Motion Based on the testimony and evidence presented in Case No. 99-1511, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Cedrick L. Edwards is in violation of Code Sections PT 3- LDR, Chapter 20-VIII, Section 1.G . of the Code ofOrdinances. Mr. Lambert moved to order that the Respondent correct the violation on or before August 28, 1999. If the Respondent does not comply with this Order, a fine in the amount of $50.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Finkelstein. Motion carried 7-0. Case No. 99-1510: Oraide Dorsinville st Property Address: 2122 NE 1 Street Violations: Chapter 15, Article IX-15-120 (D), Inc.; Please remove all loose trash and debris including buckets from yard and swale; de-weed rock landscaping in yard; install grass in swale. Inspector Melillo stated the property was cited through routine neighborhood inspection on June 22, 1999. Service was made by certified mail. st Mr. Julian Metrat, 2122 NE 1 Street, Boynton Beach took the podium and pled no contest. He requested four months for compliance. 18 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 Chairman DeLiso requested to look at the photos and said 90 days should be sufficient. The respondent said that most of the loose trash has been removed and all that remains in the grass. Motion Based on the testimony and evidence presented in Case No. 99-1510, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Oraide Dorsinville is in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc. of the Code ofOrdinances. Mr. Lambert moved to order that the Respondent correct the violation on or before November 15, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. Motion carried 7-0. Case No. 99-1516: David U. and Flora B. Millines Property Address: 102 Seacrest Court Violations: Chapter 15, Article IX-15-120 (D), Inc.; Please install grass in swale; remove, repair and/or register 4-door, brown and yellow mercury, 2-door white Monte Carlo, camper truck body; utility trailer and all other loose trash and debris. Inspector Melillo stated the property was cited on June 23, 1999 through routine neighborhood inspection. Service was made by certified mail. Mr. Millines of 102 Seacrest Court, Boynton Beach took the podium and pled not guilty. Inspector Melillo first presented pictures of the property to the respondent and then to the Board. Inspector Melillo said the property has been cited 26 times and the property has been owned by the same person. Inspector Melillo said that the respondent works on cars and is in the landscaping business. Mr. Millines asserted that the Code staff has been haggling him and took vehicles off his property illegally. He said that he widened his driveway to accommodate his vehicles and he is still being cited. Mr. Millines said that the car is on the trailer and is his son’s racecar and is legally registered. 19 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 Chairman DeLiso inquired about the grass in the swale. The respondent said he put Bahia grass down, but the run-off was eating away at his driveway. He asked if he gets a tag could he keep the trailer in his yard. Inspector Melillo said he has been parking the two trailers in the swale and has been doing auto repairs in his yard. Mr. Lambert inquired if the City was seeking a cease and desist order and Inspector Melillo said they were. Mr. Lambert informed the respondent that he was not being cited for car repairs. Mr. Lambert told him he was responsible for the vehicles that were on his property even if they are not his. Mr. Lambert asked the respondent if he understood the ordinance regarding the two trailers and Mr. Millines said Inspector Melillo informed him if he widened his property he could put his trailers on the driveway, which he did. Inspector Melillo recited that the ordinance allows him to have two trailers, whether it is a recreational vehicle or any combination of two and they have to be on a hard surface or parked behind the roofline of your house. Mr. Rossi informed the respondent that he is in violation of the codes and is not being treated any different than anyone else. Mr. Rossi also told him that he would be fined every time there is a violation on his property. Mr. Lambert asked Inspector Melillo how much time the respondent would need for compliance and he said 30 to 60 days should be sufficient. Inspector Melillo said that the respondent needs to do something about the vehicles on his property and there is outside storage on his property. Motion Mr. Lambert made a motion finding that David U. and Flora B. Millines, Case No. 99- 1516, has violated Chapter 15, Article IX-15-120 (D), Inc. of the City Code of Ordinances and based on the nature of the violation, Mr. Lambert moved that a Cease and Desist Order beginning October 18, 1999 be imposed with a fine in the amount of $25.00, plus administrative costs per re-occurrence of the violation. Motion seconded by Mr. Foot. Mr. Finkelstein asked for clarification on the motion and Mr. Lambert explained that the respondent has 60 days for compliance and thereafter each time a violation exists on the property, he would be fined $25.00 per occurrence, plus administrative costs. Mr. Foot inquired about the racing cars not being in compliance to be registered. Mr. Millines said that the racecars are on the trailer and are only used at the racetrack. Inspector Melillo said the racecars have been observed driving on Seacrest Avenue. Mr. Foot inquired if it were legal for the racecars to be on a trailer without being 20 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 registered and Inspector Melillo said they could be kept on the trailer. Inspector Melillo said that there are four trailers on the property and the respondent denied this. Ms. Williams asked where the fourth trailer came from since it was not mentioned in the agenda and Inspector Melillo said that trailer is attached to the respondent’s work truck for his landscaping business. Ms. Williams inquired if a camper truck body and utility trailer were allowed to be kept on the property with the two vehicles in the enlarged driveway. Inspector Melillo said if these vehicles were parked properly and registered, they would be allowed. Motion carried 7-0. Case No. 99-0704: Charles and Fred Rahming th Property Address: 224 NE 10 Avenue Violations: Chapter 15, Article IX-15-120 (D), 1A and 120 (D) 1.B, PT 3 – LDR Section 6.D.6, PT 3 LDR, Chapter 20, VIII, Section 2A, Section 2.D, Section 2.E, SBC ’91 ED, Section 1902.2, Inc., SFPC 603.2, 10-2 and 13-16 B.B.C. of Ord.; Community Appearance Code; general description of property, weatherproof/heat requirements; plumbing facilities required; rodent proofing; fire exiting; overgrowth and/or debris; occupational license required. Inspector Willie Webb said the property was originally cited on April 7, 1999 through routine neighborhood inspection. Service was obtained by certified mail. th Mr. Calvin Rahming, 224 NE 10 Avenue, Boynton Beach took the podium and pled no contest. Mr. Rahming said that the will needs to be probated and he needs time. Chairman DeLiso confirmed with the respondent that the previous owners were deceased and that Mr. Rahming has inherited the property. Chairman DeLiso suggested that the respondent would need at least 120 days due to the probating of the will. Mr. Finkelstein inquired if the property was occupied and was informed that the respondent lives on one side of the house and there are tenants on the other side. Mr. Finkelstein asked if the property were habitable. The respondent said he would be fixing up the property as soon as he takes it over. 21 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 Mr. Lambert asked if all the violations are still outstanding and Mr. Webb said they were. Motion Based on the testimony and evidence presented in Case No. 99-0704, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Charles and Fred Rahming are in violation of Code Sections Chapter 15, Article IX-15-120 (D), 1A and 120 (D) 1.B, PT 3 – LDR Section 6.D.6, PT 3 LDR, Chapter 20, VIII, Section 2A, Section 2.D, Section 2.E, SBC ’91 ED, Section 1902.2, Inc., SFPC 603.2, 10-2 and 13- 16 B.B.C. of Ordinances. Mr. Lambert moved to order that the Respondents correct the violations on or before December 20, 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. Miriani. Chairman DeLiso did not think 120 days was enough time to bring the property into compliance and asked to view the photos. Mr. Finkelstein asked if there were plumbing facilities and Inspector Webb said the plumbing is in place, but needs some work and is operable. Inspector Webb informed members that Ms. Sherrod is reviewing the respondent’s application for assistance. Chairman DeLiso suggested that the respondent be given 120 for the probate of the will and that the remainder of the violations be tabled until it can be determined if the respondent would be receiving assistance from Community Development. Mr. Blasie said that he doubted Community Development would accept an application if the respondent does not own the property, but he will check this out. Chairman DeLiso suggested the motion be amended to only include the occupational license and that all the other violations be tabled. Discussion ensued regarding the remainder of the violations. Chairman DeLiso pointed out that Ms. Sherrod could not offer assistance until the property was put into the respondent’s name. Chairman DeLiso asked Inspector Webb if the property presented serious health problems and he said it did not. Inspector Blasie noted that he would not be eligible for assistance since the property is rental property. Mr. Rahming stated that Ms. Sherrod indicated she could help him. After discussion, it was determined to table the entire case. Mr. Lambert withdrew his motion. 22 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 Motion Mr. Miriani moved that Case No. 99-0704 be tabled until the October 20, 1999 meeting. Motion seconded by Ms. Williams. Motion carried 7-0. VI. OLD BUSINESS A. LIEN PENALTY CERTIFICATIONS th Case #99-0188 Jackie Fields & Jos. Rollerson 219 NE 7 Avenue Inspector Webb stated that the respondent appeared at the Code Compliance Board hearing on April 21, 1999. A compliance date was set by the Board for June 14, 1999 or be fined $50.00 per day. The property is not yet in compliance. th Mr. Joseph Rollerson, 219 NE 7 Avenue, Boynton Beach took the podium and said he has done all the work except for painting the fascia. Chairman DeLiso asked if the property could comply by the next meeting. Inspector Webb stated the property was near compliance and looks good. Motion Mr. Lambert moved that Case No. 99-0188 be tabled until the Code Compliance Board Meeting to be held on September 15, 1999. Motion seconded by Ms. Williams. Mr. Foot noted that the respondent has a fine running close to $5,000. It was suggested that the respondent complete the repairs as soon as possible. Motion carried 7-0. Case #99-634 Verryl L. & Teresa Burse Floyd 7817 Manor Forest Court Inspector Cain stated that the violation notice was dated March 31, 1999 for violation of the Standard Building Code. No one appeared at the May 19, 1999 hearing and a compliance date of June 14, 1999 was set or be fined $25.00 per day. The property is not yet in compliance. Ms. Teresa Burse Floyd, of 7817 Manor Forest Court took the podium and said she is not certain what they are being cited for. Ms. Floyd said they had the house built from the ground up and the contractor added on the patio area. From what the respondent understands, the screening is not in compliance. The contractor returned to the property and made the necessary repairs. The City was called in for inspection, but 23 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 said the property still did not comply. The respondent said no one told the contractor what was necessary for compliance. Ms. Floyd stated they paid a lot of money to have the home built. Inspector Cain said according to the Building Development the screen enclosure does not match the plans. Mr. Blasie said the Chief Structural Inspector of the Building Division stated that the “zero lot line side shall be full height with no opening left unprotected”. Mr. Blasie said that zero lot line walls need to be fire rated and that the permit expired six months ago. Inspector Blasie said that the plans showed that they would meet the fire rating for zero lot line property, but was not constructed according to the plans. Ms. Floyd said that they received a certificate of occupancy and therefore Chairman DeLiso felt that the developer is at fault. Ms. Floyd said they paid the developer to build the house properly and said the developer came out a few weeks ago and put up the wall. Chairman DeLiso suggested that the developer meet with the Inspector who wrote the red tag to determine what is necessary. Barring that, Chairman DeLiso thought the Floyd’s might need to seek some legal advice. Ms. Floyd stated they tried to arrange such a meeting, but the City Inspector was unable to make arrangements for a meeting. Ms. Floyd said this has been going on for 2 ½ years and was told by the developer’s representative that the problems would be taken care of. Ms. Floyd said she never met with any of the Code staff and every time they came to her house, the Floyd's were at work and they were never successful in contacting staff by phone either. Chairman DeLiso suggested that Ms. Floyd furnish her work number to staff so that they can be contacted. Ms. Floyd said they didn’t appear at the last hearing because they were told that everything had been taken care of. The Building Inspector also told her this on the telephone. Mr. Blasie said there was a note in the file that the Building Department extended the permit. Motion Mr. Foot moved that Case No. 99-0634 be tabled until the Code Compliance Board Meeting to be held on October 20, 1999. Mr. Foot reminded the respondents that the fine continued to accumulate. Motion seconded by Mr. Miriani. Motion carried 7-0. 24 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 Chairman DeLiso explained to the respondents that Mr. Blasie would contact the Building Inspector and the developer to try to work out the problem. Once the problem is worked out, you would have to come back to this Board to work out the fine. nd Case #99-705 Mavis A. Myhand 2261 NW 2 Street Inspector Cain stated that the property was cited on April 8, 1999 for violation of the Community Appearance Code. No one appeared at the Code Compliance hearing date of June 16, 1999 and a compliance date of July 19, 1999 was set or be fined $25.00 per day. The property still has not complied. nd Ms. Mavis A. Myhand, 2261 NW 2 Street, Boynton Beach took the podium. Chairman DeLiso inquired why the property is not yet in compliance and Ms. Myhand said she had a death in the family and had to go to Jamaica and has just returned. Chairman DeLiso inquired how much work was remaining and she stated she needed to plant grass. Chairman DeLiso inquired if the respondent could meet compliance within 60 days, noting that the fine continues to accrue. Motion Mr. Rossi moved that Case No. 99-705 be tabled until the Code Compliance Board Meeting to be held on September 15, 1999. Motion seconded by Mr. Lambert. Motion carried 7-0. th Case #98-1333 Brian & Jacqueline Fitzpatrick 220 NE 10 Avenue Inspector Webb said the property was cited on April 3, 1999 for violation of the Community Appearance Code and Land Development Regulations. The respondent appeared at the Code Compliance Board hearing on April 21, 1999. A compliance date was set for July 19, 1999 or be fined $50.00 per day. The property is not yet in compliance and Inspector Webb presented photos to the Board. Chairman DeLiso stated the property looked very nice. Mr. Fitzpatrick said it is taking him longer than he anticipated to complete the apartments. Mr. Fitzpatrick said that there are still two apartments that remain boarded up. Every time he finished an apartment, he would call the City for inspection. Mr. Fitzpatrick felt he did not ask for enough time when he appeared at the April hearing. Motion Mr. Lambert moved that Case No. 98-1333 be tabled until the Code Compliance Board Meeting to be held on November 17, 1999. Motion seconded by Mr. Foot. Motion carried 7-0. 25 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 B. LIEN REDUCTION Case #94-3177 Albert & Rose Love 508 E. Boynton Beach Blvd. (Heavens USA, Inc.) Mr. Blasie presented this case and informed members that the property owner at the time the lien was recorded was Albert and Rose Love and Heavens USA, I nc. currently owns the property. Mr. Blasie stated this particular property is located next to ACE Hardware and is east of the railroad tracks. The property was originally cited on September 7, 1994 for violations of the landscape ordinance and no one appeared at the hearing. Mr. Blasie pointed out that the current applicant for the reduction had nothing to do with the property when the cases were cited. He noted that there are two cases tonight because there were two liens filed on the property. The second lien was for safety to property. Mr. Blasie said the property fine has accumulated to $85,050 plus administrative costs of $634.12. Mr. Blasie introduced Mr. David Rustine, the owner of the property. Mr. Blasie presented photographs to the respondent and then to the Board. Chairman DeLiso asked if the current owner knew there was a lien on the property when he purchased it. Mr. Blasie requested Mr. Rustine respond to this question, but Mr. Blasie assumed that he did. Mr. Blasie said the property has been an eyesore for five to seven years. Three photos were taken on December 27, 1994 and four pictures were taken today. Mr. Foot requested an update on the cases. Mr. Blasie said that the prior owners (the Loves) became incarcerated and the subsequent owner was Brandy Bail Bonds. Mr. Blasie said he has spoken to Brandy Bail Bonds over the years and they are currently located in the Ft. Lauderdale area. Eventually, the property ended up under the control of the State of Florida. That is why there are two liens, one for each property owner. Mr. Foot inquired how this tied in with the property across the street from the Fire Station that had been owned by Dr. Love. Mr. Blasie said this property has the same scenario, but because it is not in compliance it is not being brought before the Board this evening. Mr. Rustine did purchase that property also. Mr. Blasie confirmed the property before the Board this evening is in compliance. Mr. Blasie said he delayed the respondent from complying for about two weeks because the site plan to the property could not be located. The site was therefore brought into compliance based on Mr. Blasie’s knowledge of what it used to look like. The major problems were that the irrigation was broken, hedges were missing and the building was in need of minor outside repairs. Mr. Blasie noted the respondent painted the building and did some extra work and removed the dilapidated façade. 26 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 Mr. Finkelstein disclosed that he had a conversation with the respondent and during his discussion with the respondent he determined that he was going before this Board. Mr. Finkelstein said he conveyed this information to the Assistant City Attorney. Mr. David Rustine took the podium and stated he is President of Heavens USA, Inc., the current owner of the property. Mr. Rustine said he also purchased 202 East Boynton Beach Boulevard, which is next to the Fire Station and will be doing work on that property in the future and some work has already been done. Mr. Rustine said he was aware there was a lien on the property when he purchased it and he purchased this property with other properties from the State of Florida. He said he was under the impression that this being a fair Board there would be a likelihood that the lien could be reduced. He said he has spent a great deal of money on the property and is now in compliance and he plans on improving it much more. He said he has contacted the FEC Railroad about purchasing their property. Mr. Rustine said he owns a lot of property in Broward and Palm Beach Counties, but they are more upscale and he hopes to bring this property up to those standards. Ms. Williams asked what the assessed value of the property was and it was noted to be $127,413. Mr. Lambert noted that Mr. Rustine purchased a piece of property with an $85,000 lien is quite a gamble and if you include the other property, the total liens are $106,000. Mr. Rustine said he used to work in Boynton Beach and had developed properties 10 years ago and is glad to be back in the City. Mr. Foot noted that the property has not been attractive and the City is trying to enhance its image and appreciates that the new owner plans on upgrading the property. However, Mr. Foot would not be agreeable to a complete rescission of the fine. The respondent said he is not responsible for the prior owners and due to the fact that they were going to jail would not be an incentive to fix up their property and since they knew they would be losing the property to the State. The respondent noted that someone had been taking care of the grass. Mr. Blasie said that the City has been mowing the grass, but did not know of the cost for this and who was charged. Mr. Foot asked if there was also a lien on the property for lawn mowing. Mr. Rustine was not aware of any other liens on the property. Mr. Blasie said he would follow through on the lawn mowing and determine if there is any money due for this. Mr. Lambert asked the respondent what he would consider as a fair reduction and he replied he would like the lien reduced to the administrative fees incurred by the City. Mr. Foot noted there was a similarity in this case to the cases heard by the Board last month. Mr. Foot inquired about the disposition of those cases before the City Commission and was informed that they all passed as presented. Mr. Blasie said one 27 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 case was completely rescinded by the Commission. Mr. Foot felt the respondent should be fined at least $2,000. Chairman DeLiso inquired what the City usually charges for lawn mowing and was informed it is usually around $125 for each mowing. Mr. Blasie noted that this is a small lot. Discussion ensued on what the fine should be set at. Chairman DeLiso felt that $5,000 would be fair and that the respondent was aware of the lien when he purchased the property. Mr. Finkelstein noted that the Commission had approved a reduction to $5,000 in a previous case. Ms. Williams noted that the respondent is improving the area and would increase the property value of his property, as well as surrounding properties. Ms. Williams said that the fine should not be totally forgiven, but she is pleased to see that the property has been purchased and noted he has done a wonderful job in fixing the property up. Ms. Williams said that the City is looking for properties to come into compliance and to enhancing the City. Ms. Williams felt that $4,000 for this property and $1,000 for the other fine would be fair. Chairman DeLiso asked Assistant City Attorney Igwe why the City did not foreclose on the property and he replied that sometimes foreclosure is not always the best option. Chairman DeLiso asked if the City has a foreclosure policy and Attorney Igwe said the City always forecloses if it is feasible. Mr. Blasie said the City did look at foreclosing on the property, but there was a great deal of other encumbrances. Motion Based on the testimony and evidence presented in Case No. 94-3177, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Lambert moved that this Board recommend to the City Commission that the fine instituted in Case No. 94-3177, by virtue of this Board’s Order of November 16, 1994, be reduced to $5,000 plus administrative costs. Motion seconded by Mr. Foot. Motion carried 7-0. Chairman DeLiso noted that the total fine would be $5,634.12. Case #97-604 Brandy Bail Bonds 508 E. Boynton Beach Blvd. 916 S. Andrews Avenue Oakland Park, FL 33316 (Heavens USA, Inc.) 28 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 Mr. Blasie stated the property was cited for community appearance violations and the total amount of the fine is $21,350 plus $634.12 in administrative costs. Mr. Blasie said he had nothing further to add since the case has already been discussed at length. Motion Based on the testimony and evidence presented in Case No. 97-604, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Lambert moved that this Board recommend to the City Commission that the fine instituted in Case No. 97-604, by virtue of this Board’s Order of March 19, 1997, be reduced to $1,000 plus administrative costs, plus any other outstanding bills. Motion seconded by Mr. Miriani. Motion carried 7-0. Case #98-3928 Leon & Gail Jenkins 1860 N. Seacrest Blvd. 16049 Rio Del Sol Delray Beach, Florida Mr. Blasie stated the property was originally cited on November 17, 1998 for violation of the Community Appearance Code and minimum housing code. Mr. Jenkins appeared at the January 20, 1999 hearing. A compliance date was set for March 1, 1999 or be fined $100 per day. The property complied May 18, 1999 for a total of 77 days of non- compliance. The fine was reduced to $1,326.18, which included administrative costs. Mr. Jenkins paid $200 to appear before the Board this evening. Mr. Blasie presented three photos of the property that depicted the same area that was one of the original violations to the Board. Mr. Blasie also presented three new photographs. Mr. Blasie said that most of the housing violations had been corrected by the compliance date and the only thing that was remaining was replacing the soffit screens and some yard work. The last three pictures show the yard before it was worked on and the others show how it looks this evening. Chairman DeLiso noted this was the same case that was heard regarding the soffit screens and this was a “miscommunication case”. Mr. Foot asked if this is the first time the respondent has had a violation before the City and Mr. Blasie stated no. Mr. Foot noted this was a relatively small case compared to the other cases. Mr. Blasie said that there were a couple of soffit screens in the front of the property that never got fixed. Mr. Blasie said as far as the communication problem, the City is holding him responsible for all the debris he created when he did his repairs. 29 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 Mr. Jenkins took the podium and requested to view the photographs. Mr. Jenkins stated he resides at 16049 Rio Del Sol, Delray Beach, Florida. Mr. Jenkins would like the gravity of his violations considered and that it should be taken into consideration what could be seen from the road. Mr. Jenkins said that two cases actually exist and st there was a period of two months where there were no violations. On March 1 the violations consisted of some debris in the rear of the yard and an improperly disposed of door behind a fence. He said the debris was construction debris and was not stnd unsanitary and was in the rear of the yard. Therefore from March 1 through April 22 he determined that this was a non-violation. Mr. Jenkins presented a letter from Mr. Blasie to the Board. The respondent said that the decision this Board previously made in this case was based on false information, false statements, misleading statements and conflicting statements. Mr. Jenkins read from the minutes in which Inspector Melillo stated that the letter sent to him on November 13, 1998 cited the following: ‘please repair all soffits and vent screens, repair or replace front door and all broken windows, install grass where trash hole exists”. Mr. Jenkins continued to read from the minutes in which Inspector Melillo stated he told Mr. Jenkins on March 1, 1999 to pick up the trash from the door and soffits and on March 6, 1999 trash from the door and soffits was still not disposed of properly. Mr. Jenkins said this is a non-violation. Mr. Jenkins said there is no picture stth that shows that there were holes in the screens taken on either March 1 or March 6. Chairman DeLiso previously asked Inspector Melillo if he checked the property on March 1, 1999 to determine if it was in compliance and Inspector Melillo stated that it was not in compliance at that time. Mr. Jenkins presented into evidence that the nd property was scheduled for re-inspection for March 2. Mr. Jenkins said he was in st compliance on March 1 and there was no evidence to show that he was not in compliance. Mr. Jenkins said that the second violation was that grass needed to be installed where the trash hole exists and Inspector Melillo said he had a photo dated May 7, 1999 and there is no grass in the trash hole and the property was not in th compliance. Mr. Jenkins questioned why Inspector Melillo waited until May 17 to show that the property was not in compliance if he was supposed to be in compliance on March 1st. Mr. Jenkins said he took care of the trash sometime in April. He called Inspector Melillo who informed him that Scott Blasie inspected the property on April 21, 1999 and the property was not in compliance and there were still vent screens with holes and a cracked window. Mr. Jenkins said he took care of the window and screens sometime in st mid-February. Mr. Jenkins said there were no holes in the screens on March 1 and there is no evidence to show that. 30 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 Mr. Blasie responded that it is obvious Mr. Jenkins put a great deal of time and effort into his testimony and stated that this particular piece of property has been cited 24 times since 1987 and Mr. Jenkins has been the owner of the property for all this time. Mr. Blasie read the notice of violation dated November 17, 1998 that was sent to Mr. Jenkins written by Inspector Melillo which stated “please repair all soffits and vent screens”. Mr. Blasie said staff is not required to take photographs of each soffit screen that needs repair. The violation stated “repair and replace all broken windows”. Mr. Blasie said when the property is re-inspected, it does not have to be on a certain day and properties are often re-inspected many more times than is presented to the Board. Mr. Blasie said that almost every inspector has been to this property. Mr. Blasie st said staff is not required to take pictures on March 1 to show that the property has met compliance. th With respect to the trash hole, which Inspector Melillo mentioned in the November 13 notice of violation, this does not have to be constantly mentioned. Mr. Blasie said that staff does all their correspondence in writing and tonight is a perfect example of this th necessity. Mr. Blasie said he had photographs taken on April 16 which show holes in th the soffit screens and photographs taken May 7 that were presented at the fine certification hearing which showed a broken window and the same soffit screens with the same holes. Mr. Blasie said that there are at least 15 to 20 photographs taken of the property in the file. Mr. Blasie said this Board already heard the lien reduction and viewed the evidence at that time. The Board ruled that Mr. Jenkins was in violation and tonight should not be a rehearing of the case and is a hearing on why the Board should consider reducing the lien further. Chairman DeLiso asked for the dates that Inspector Melillo inspected the property. Mr. Blasie said the documented inspection dates were as follows: December 19, 1998, January 12, 1999, January 14, 1999, January 20, 1999, all of which inspections showed the violations still existed. There is a note in the file from Inspector Melillo documenting his conversation with Mr. Jenkins on March 1, 1999 which Mr. Blasie read as follows: “Spoke to Leon and told him to pick up trash from door and soffits”. The file further stated that on March 6, 1999 trash from soffits and front door not disposed of properly and still exists and took pictures. Mr. Blasie continued to present evidence from the file th that the violation still existed. The file stated that on May 18 the property complied. Mr. Blasie said when he went out to look at the property there was still a broken window and the soffit screens had holes and pictures evidencing this has been placed into testimony. 31 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 Mr. Jenkins said there are two cases here because the first case was a non-case and Chairman DeLiso said there is no such thing as a non-case. Mr. Jenkins continued to insist that the trash and debris was not a violation. The trash and debris only existed stth between March 1 through April 16. Mr. Jenkins said he is in “double jeopardy” because once he brings the property into compliance the City finds other things that are not in compliance. Mr. Blasie said there is only one case and the City does not present non-cases. Mr. Blasie restated what the violation stated in Case 98-3928 that said “repair all soffits and vent screens”. Mr. Blasie pointed out again that this is not a re-hearing and that the Board in May determined Mr. Jenkins did not meet the deadline and levied the fine. Mr. Blasie stated that all this was brought up at the May hearing. Mr. Jenkins felt it is the Board’s obligation to hear the case because there was false information presented. Mr. Foot said he was the one who made the motion at the May hearing and he used the th lowest possible period of no dispute, which was between March 1st and 6. Mr. Foot felt the Board was very liberal in giving Mr. Jenkins the benefit of the doubt as to what went th beyond March 6. Mr. Foot was further of the opinion that the Board was generous in only looking at a five-day period of non-compliance of $100 per day, plus the administrative costs of $826.18. Mr. Lambert questioned why Mr. Jenkins is trying to further reduce a fine of $1,326.18 that had been reduced from $7,700. Ms. Williams asked for clarification of the charges and dates and Mr. Blasie up-dated her on the case. Motion Based on the testimony and evidence presented in Case No. 98-3928, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 and 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Rossi moved that this Board recommend to the City Commission that the fine instituted in Case No. 98-3928, by virtue of this Board’s Order of August 18, 1999 remain as stated in the May 19, 1999 Order at $1,326.18. Motion seconded by Mr. Foot. Motion carried 5-2. (Chairman DeLiso and Ms. Williams dissenting) It was noted that Mr. Jenkins’ next step would be to go to the City Commission and plead his case and that the City Commission makes the final decision. 32 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 B. CASES TO BE HEARD Case No. 99-1363: Deborah L. Rubin Property Address: 1260 S. Federal Highway Description: O occupational license required. Mr. Blasie stated the property was originally cited on June 9, 1999. Service was made by certified mail and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-1363, Mr. Lambert moved that this Board find, as matter of fact, and as a conclusion of law that Deborah L. Rubin 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 violation on or before September 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. Miriani. Motion carried 7-0. Case No. 98-898: Maria Maldonado th Property Address: 2711 NE 4 Street Description: Chapter 15, Article IX-15-10 (E) 2A, 120 (D).1B, 120 (D) 1.D and 120 (E) 2C; Reconstruct driveway apron, repair any broken windows and repaint; install sod in dead areas of yard and swale to achieve a uniform green appearance and comply with City Code. Inspector Barquin stated the property was originally cited on March 6, 1998 through routine inspection and service was made by certified mail. City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 98-898, Mr. Lambert moved that this Board find, as matter of fact, and as a conclusion of law that Maria Maldonado is in violation of Code Sections Chapter 15, Article IX-15-10 (E) 2A, 120 (D).1B, 120 (D) 1.D and 120 (E) 2C of the City Code of Ordinances. Mr. Lambert 33 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 moved to order that the Respondent correct the violation on or before September 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. Mr. Foot inquired if that was enough time for a driveway apron and Inspector Barquin stated that everything has complied except for painting the house. Motion seconded by Mr. Miriani. Motion carried 7-0. Case No. 99-1484: Robert J. & Betty A. Moran th Property Address: 451 NE 26 Avenue Description: PT 3 – LDR, Chapter 2, Section 4.J.1, Sections 10-2, 10-3 and 14-3 B.B.C. of Ord.; please remove all trash and debris; all items which represent hurricane hazards; remove all weeds and trim overgrown bushes; replace missing boards from wood fence; pick up and properly dispose of dog feces to eliminate offensive odors; fill back all holes dug by dog adjacent to house and front yard; stop parking tow truck on private property for a period not to exceed 15 minutes. Inspector Barquin said the property was originally cited on June 18, 1999 as a result of a neighbor’s complaint and service was made by posting. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-l484, Mr. Lambert moved that this Board find, as matter of fact, and as a conclusion of law that Robert J. and Betty A. Moran are in violation of Code Sections PT 3 – LDR, Chapter 2, Section 4.J.1, Sections 10-2, 10-3 and 14-3 B.B.C. ofOrdinances. Mr. Lambert moved to order that the Respondents correct the violation on or before September 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. 34 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 Motion carried 7-0. Case No. 99-0147: Deborah & Richard Roberts, Jr. st Property Address: 701 SW 1 Avenue Description: PT 3 – LDR, Chapter 20, VIII, Section 2.A, Section 2.G, SBC ’94 ED 104.1.1; please secure a building permit and replace the stairs that were used for the exit off the sliding glass doors on the east side of the house. Inspector Lewis stated the property was originally cited on January 14, 1999 through a neighbor’s complaint. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-0147, Mr. Lambert moved that this Board find, as matter of fact, and as a conclusion of law that Richard and Deborah Roberts, Jr. are in violation of Code Sections PT 3 – LDR, Chapter 20, VIII, Section 2.A, Section 2.G, SBC ’94 ED 104.1.1 of the City Code of Ordinances. Mr. Lambert moved to order that the Respondents correct the violation on or before September 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. Miriani. Motion carried 7-0. Case No. 99-0679: Martha A. Moore & Eric N. Russ th Property Address: 440 NE 27 Avenue Description: Chapter 15, Article IX-15-120 (D), Inc.; please install sod in yard and on side of driveway or extend driveway (permit required). Inspector Cain stated the property was originally cited on April 7, 1999. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-0679, Mr. Lambert moved that this Board find, as matter of fact, and as a conclusion of law that Martha A. 35 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 Moore and Eric N. Russ 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 violation on or before September 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 No. 99-0876: Maniedeo Khadarnath nd Property Address: 2730 NW 2 Street Description: B.B.C.O 96-40 103.5; Permit #98-1265; please label electrical panel; see copy of red tag dated March 30, 1998. Inspector Cain said that the property was originally cited on April 20, 1999. The City recommends 10 days. Motion Based on the testimony and evidence presented in Case No. 99-0876, Mr. Lambert moved that this Board find, as matter of fact, and as a conclusion of law that Khadarnath Maniedeo is in violation of Code Sections 96-40 103.5 of the B.B.C. of Ordinances. Mr. Lambert moved to order that the Respondent correct the violation on or before August 28, 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. Miriani. Motion carried 7-0. Case No. 99-0374: Kathleen D. Ryan rd Property Address: 2227 SE 3 Street Description: Chapter 15- Article IX-15-120 (D), Inc.; sod required. Inspector Roy stated the property was cited through routine inspection and service was made by certified mail. The City recommends 30 days. 36 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 Motion Based on the testimony and evidence presented in Case No. 99-0374, Mr. Lambert moved that this Board find, as matter of fact, and as a conclusion of law that Kathleen D. Ryan 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 violation on or before September 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. Miriani. Motion carried 7-0. Case No. 99-1247: Maureen H. Maas nd Property Address: 3010 SE 2 Street Description: Chapter 15, Article IX-15-120 (D), Inc.; Replace all dead areas of grass with sod; replace all hedges. Inspector Roy stated the property was cited on June 2, 1999 through a complaint from a neighbor. Service was accomplished by posting and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-1247, Mr. Lambert moved that this Board find, as matter of fact, and as a conclusion of law that Maureen H. Maas 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 violation on or before September 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 No. 99-1551: Clyde A. and Deena G. Chapman th Property Address: 906 SW 27 Terrace Description: Chapter 15, Article IX-15-120 (D), Inc. and 120 (E), Inc.; Repair all rotted wood and paint; repair roof leak and porch ceiling; remove all trash and 37 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 debris from property; remove sand piles from property; repair screens; replace any missing sod and maintain weed free; mow overgrowth and trim hedges and trees. Inspector Roy stated the property was originally cited on June 28, 1999 through a complaint from a neighbor. Service was accomplished by certified mail and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-1551, Mr. Lambert moved that this Board find, as matter of fact, and as a conclusion of law that Clyde A. and Deena G. Chapman are in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc. and 120 (E), Inc. of the City Code of Ordinances. Mr. Lambert moved to order that the Respondents correct the violation on or before September 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 No. 99-1553: First Nationwide Mortgage Corp. st Property Address: 505 SE 21 Avenue Description: Chapter 15, Article IX-15-120 (D), Inc. and 120 (E), Inc.; Repair driveway; repair rotted wood and paint; restore lawn with sod and maintain weed free. Inspector Roy stated the property was originally cited on June 28, 1999 through routine neighborhood inspection. Service was accomplished by certified mail and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-1553, Mr. Lambert moved that this Board find, as matter of fact, and as a conclusion of law that First Nationwide Mortgage Corp. is in violation of Code Sections Chapter 15, Article IX-15- 120 (D), Inc. and 120 (E), Inc. of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violation on or before September 13, 1999. If the 38 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re- inspection of the property to verify compliance with this order. Motion seconded by Mr. Finkelstein. Motion carried 7-0. Case No. 99-0451: Virginia Belman rd Property Address: 2125 NE 3 Court Description: SBC ’94 ED 104.6.1; permit #97-1270, see copy of red tag dated February 1, 1999; obtain final inspection on driveway. Inspector Melillo stated the case was originally cited on March 17, 1999. Service was made by hand carry and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-0451, Mr. Lambert moved that this Board find, as matter of fact, and as a conclusion of law that Virginia Belman is in violation of Code Sections SBC ’94 ED 104.6.1of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violation on or before September 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 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. Inspector Melillo said the daughter was at the meeting tonight, but had to leave. Motion carried 7-0. Case No. 99-0576: Margie M. Moore st Property Address: 2101 NE 1 Way Description: Chapter 15-Article IX-15-120 (D), Inc.; Please install grass in yard and swale; also repair or replace broken railing in front of house. 39 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 Inspector Melillo stated the property was originally cited on March 30, 1999 through routine neighborhood inspection. Service was made by certified mail and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-0576, Mr. Lambert moved that this Board find, as matter of fact, and as a conclusion of law that Margie M. Moore 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 violation on or before September 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 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. Case No. 99-1322: Desir Desjardins th Property Address: 318 NE 14 Avenue Description: Chapter 15-Article IX-15-120 (B) .1 and 120 (D), Inc.; Please de-weed your driveway; repair and register your Chevy green van; remove all loose trash and debris; install grass in yard and swale areas. Inspector Melillo stated the property was originally cited on June 8, 1999 through routine neighborhood inspection. Service was accomplished by certified mail and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-1322, Mr. Lambert moved that this Board find, as matter of fact, and as a conclusion of law that Desir Desjardins is 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 Respondent correct the violation on or before September 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 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. Miriani. 40 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 Motion carried 7-0. Case No. 99-1328: Bertha Achille th Property Address: 212 NE 14 Avenue Description: Chapter 15-Article IX-15-120 (B) .1 and 120 (D), Inc.; Please remove and dispose of properly all loose trash and debris; repair and register the gray Chevy van; install grass in yard and swale areas. Inspector Melillo stated the case was originally cited on June 8, 1999 for violation of the Community Appearance Code through routine neighborhood inspection. Service was made by hand carry. The respondent was present tonight, but had to leave. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-1328, Mr. Lambert moved that this Board find, as matter of fact, and as a conclusion of law that Bertha Achille is 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 Respondent correct the violation on or before September 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 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. Mr. Foot inquired if any of the loose trash were hurricane hazards. Inspector Melillo stated they were not. Motion carried 7-0. Case No. 99-1517: Beulah Hunt Property Address: 114 Seacrest Court Description: Chapter 15-Article IX-15-120 (D), Inc.; Please remove all unregistered motor vehicles; remove all loose trash and debris; install grass in yard and swale areas. 41 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 Inspector Melillo said that most of the trash and debris have been removed. One car and the grass still remain. The property was cited through routine neighborhood inspection and service was made by certified mail. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-1517, Mr. Lambert moved that this Board find, as matter of fact, and as a conclusion of law that Beulah Hunt 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 violation on or before September 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 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 No. 99-0455: Elsie Jackson th Property Address: 430 NW 12 Avenue Description: PT3-LDR, Chapter 20, VIII, Section 1.G; Please secure building to prevent entry by the public. Inspector Webb stated the property was originally cited on March 29, 1999 through routine neighborhood inspection. The City recommends 10 days. If the property has not complied within 10 days, the City recommends abatement and the City will make all repairs. Motion Based on the testimony and evidence presented in Case No. 99-0445, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Elsie Jackson is in violation of Code Sections PT3-LDR, Chapter 20-VIII, Section 1.G of the City Code of Ordinances. Mr. Foot moved that the Board render an Order in this case pursuant to the Boynton Beach Code of Ordinances, Chapter 2, Article V, 62-79 and recommend to the City Commission that the City abate the nuisance by making all reasonable repairs to bring the property into compliance and to charge the violators for the cost of the repairs along with the fines incurred in this case. If the Respondent does not comply with this Order by August 28, 1999, a fine in the amount of $100.00 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. 42 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 Motion carried 6.1. (Ms. Williams dissenting) Case No. 99-0658: Jorge L. Hernandez Property Address: 507 N. Federal Hwy. Description: Chapter 15, Article IX-15-120 (D) 1, 120 (D) 1. Inc., PT3-LDR--Chapter 23, Article II.O., and PT3—LDR--Chapter 7.5.II-Section 5.B; Remove all loose trash, debris, landscape maintenance needed; remove all weeds and trash from hedges; trim all trees, hedges, re-seal and re-stripe parking lot. Inspector Webb stated the property was cited on April 5, 1999 through routine neighborhood inspection. Service was obtained by certified mail and staff recommends 60 days. Motion Based on the testimony and evidence presented in Case No. 99-0658, Mr. Lambert moved that this Board find, as matter of fact, and as a conclusion of law that Jorge L. Hernandez is in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1, 120 (D) - 1. Inc., PT3-LDR, Chapter 23, Article II.O, PT 3, LDR, Chapter 7.5.IISection 5.B. of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violation on or before October 18, 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 No. 99-0700: Kevin Ballard, Inc. th Property Address: 522 NW 10 Avenue Description: SBC ’94 ED 104.1.1; Please obtain fence permit or remove fence. Inspector Webb said the property was originally cited on April 19, 1999 through a citizen’s complaint. Service was made by posting and staff recommends 10 days. 43 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 Motion Based on the testimony and evidence presented in Case No. 99-0700, Mr. Lambert moved that this Board find, as matter of fact, and as a conclusion of law that Kevin Ballard, Inc. is in violation of Code Sections SBC ’94 ED 104.1.1 of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violation on or before August 28, 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. Miriani. Mr. Foot inquired if the fence was considered a hazard. Inspector Webb said the fence was erected without a permit. Motion carried 7-0. Case No. 99-0702: Kevin Ballard, Inc. th Property Address: 522 NW 10 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 Webb stated the property was originally cited on April 19, 1999 through routine neighborhood inspection. Service was made by posting and staff recommends 10 days. Motion Based on the testimony and evidence presented in Case No. 99-0702, Mr. Lambert moved that this Board find, as matter of fact, and as a conclusion of law that Kevin Ballard, Inc. 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 violation on or before August 28, 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. 44 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 Case No. 99-0898: George Martin th Property Address: 208 NE 11 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 Webb said the property was cited through routine neighborhood inspection. Service was made by posting and staff recommends 10 days. Motion Based on the testimony and evidence presented in Case No. 99-0898, Mr. Lambert moved that this Board find, as matter of fact, and as a conclusion of law that George Martin 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 violation on or before August 28, 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 No. 99-1192: J.C. and Alberta T. Jenkins rd Property Address: 615 NW 3 Street Description: Chapter 15, Article IX-15-120 (D) 1.D and 120 (D) 1.H; Please de-weed yard and install sod and trim all hedges. Inspector Webb stated the property was originally cited on May 25, 1999 through routine neighborhood inspection. Service was made by posting and staff recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-1192, Mr. Lambert moved that this Board find, as matter of fact, and as a conclusion of law that J.C. and Alberta T. Jenkins are in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1.D and 120 (D) 1.H of the City Code of Ordinances. Mr. Lambert moved to order that the Respondents correct the violation on or before September 15, 1999. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus 45 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 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. Miriani. Motion carried 7-0. Case No. 99-1265: Jerome Girtman th Property Address: 409 NE 10 Avenue Description: Chapter 15, Article IX-15-120 (D) 1.E and 120 (E) 1; Sod all areas in front and side property; remove all trash; repair screens. Inspector Webb stated the property was cited on June 3, 1999 through routine neighborhood inspection and service was obtained by certified mail. Staff recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-1265, Mr. Lambert moved that this Board find, as matter of fact, and as a conclusion of law that Jerome Girtman is in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1.E and 120 (E) 1 of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violation on or before September 15, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this order. Motion seconded by Mr. Foot. Motion carried 7-0. Case No. 99-1279: Vernon Thompson, Jr. th Property Address: 211 NE 10 Avenue Description: Chapter 15, Article IX-15-120 (E) 2.A and 120 (D) 1.B; Remove all weeds from rock; repair fascia wood and paint. Inspector Webb stated the property was cited through routine neighborhood inspection and service was obtained by certified mail. Staff recommends 30 days. 46 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 Motion Based on the testimony and evidence presented in Case No. 99-1279, Mr. Lambert moved that this Board find, as matter of fact, and as a conclusion of law that Vernon Thompson, Jr. is in violation of Code Sections Chapter 15, Article IX-15-120 (E) 2A and 120 (D) 1.B of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violation on or before September 15, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this order. Motion seconded by Mr. Foot. Motion carried 7-0. Case No. 99-1367: Northwest Mortgage, Inc. Property Address: 306 Glen Arbor Terrace Description: Chapter 15, Article IX-15-120 (D) .1A, 120 (D) 1.D, 120 (D) 1.E and 15-16 B.B.C. of ORD.; Install sod in all bare areas in yard; mow tall grass and weeds in front and rear property; remove all trash and debris; repair driveway; house number required. Inspector Webb stated the property was originally cited on June 10, 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. 99-1367, Mr. Lambert moved that this Board find, as matter of fact, and as a conclusion of law that Northwest Mortgage, Inc. is in violation of Code Sections Chapter 15, Article IX-15-120 (D) .1A, 120 (D) 1.D, 120 (D) 1.E and 15-16 B.B.C. of Ordinances. Mr. Lambert moved to order that the Respondent correct the violation on or before September 15, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re- inspection of the property to verify compliance with this order. Motion seconded by Mr. Foot. Mr. Foot inquired if there were any hurricane hazards and Inspector Webb stated the trash has been cleaned up. 47 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 Mr. Miriani questioned if the driveway could be repaired within 30 days. Motion carried 7-0. Case No. 99-1454: Glenda L. Johnson rd Property Address: 420 NW 3 Street Description: SBC ’94 ED 104.1.1; Erecting fence without a permit. Inspector Webb stated the property was originally cited on June 17, 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. 99-1454, Mr. Lambert moved that this Board find, as matter of fact, and as a conclusion of law that Glenda L. Johnson is in violation of Code Sections SBC ’94 Edition 104.1.1 of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violation on or before September 15, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this order. Motion seconded by Mr. Miriani. Motion carried 7-0. Case No. 99-1467: Bob Sylvain th Property Address: 620 NE 7 Avenue Description: 13-16 B.B.C. of ORD.; Occupational license needed for rental property. Inspector Webb stated the property was originally cited through routine neighborhood inspection and service was obtained by posting. Staff recommends 10 days. Motion Based on the testimony and evidence presented in Case No. 99-1467, Mr. Lambert moved that this Board find, as matter of fact, and as a conclusion of law that Bob Sylvain is in violation of Code Sections 13-16 B.B.C. of Ordinances. Mr. Lambert moved to order that the Respondent correct the violation on or before August 28, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per 48 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 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. Miriani. Motion carried 7-0. Case No. 97-3949: Beulah Taylor & Charles L. Boatley nd Property Address: 2130 NE 2 Street Court Description: Chapter 10, Article II, Section 10-30 and PT3 LDR, Chapter 2, Section D.1; Remove all car parts; clean up all oil and grease on property; stop doing car repairs in a residential zone. Inspector Melillo stated this is an old cease and desist Order, which had a compliance date of January 1, 1998 or be fined $250 each day for each violation. Inspector Melillo stated there have been numerous complaints to date and the case was originally cited on October 27, 1997. The property did comply on January 2, 1998 and the respondent has been in and out of business at this location. Inspector Melillo informed the Board that they had difficulty in getting pictures of the violations because the respondents would close the garage doors and run into the house. They have actually run out of the house through neighbor’s yards to avoid the citation. th Inspector Melillo presented four pictures to the Board taken on August 17. Mr. Lambert inquired what the City was asking and Inspector Melillo said that the respondents should be cited for $250. Mr. Foot asked when this violation took place th and Inspector Melillo responded, Tuesday, August 17. Motion Based on the testimony and evidence presented in Case No. 97-3949, 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 Beulah Taylor & Charles L. Boatley have violated this Board’s prior Order of December 17, 1997, and this Board impose and certify a fine in the amount of $250.00. Motion seconded by Mr. Foot. Motion carried 7-0. 49 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 LIEN PENALTY CERTIFICATIONS (previously tabled) th Case #98-3947 Marie C. Brizeus 146 SE 27 Court Inspector Blasie stated the respondent has complied and the City recommends no fine. Motion Based on the testimony and evidence presented in Case No. 98-3947, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondent, Marie C. Brizeus was in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc., subsequent to the date of compliance specified in this Board’s Order of January 20, 1999. Mr. Lambert moved that this Board find that the Respondent failed to comply with this Board’s Order, and that this Board impose and certify no fine or administrative costs. Motion seconded by Mr. Miriani. Motion carried 7-0. th Case #98-4181 Mary R. Whipple 136 SE 24 Avenue 7485 Haywood Drive Houston, TX 77061 Mr. Blasie stated the case came before the Board on May 19, 1999 and no one appeared. A compliance date was set for June 14, 1999 or be fined $25.00 per day. The property complied on August 17, 1999. Mr. Blasie reminded the Board this was the case where the respondent wanted to xeriscape his property and his mother wanted the property to comply. The City recommends no fine and Mr. Blasie presented photographs for the Board to review. Motion Based on the testimony and evidence presented in Case No. 98-4181, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondent, Mary R. Whipple was in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc., subsequent to the date of compliance specified in this Board’s Order of May 19, 1999. Mr. Lambert moved that this Board find that the Respondent failed to comply with this Board’s Order, and that this Board impose and certify no fine or administrative costs. Motion seconded by Mr. Rossi. Motion carried 7-0. Case #98-3090 Joseph E. Higgins, Jr. 117 S. Seacrest Blvd. 50 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 Mr. Blasie said the case first came before the Board on November 18, 1999 and the respondent appeared. A compliance date of February 15, 1999 was set or be fined $25.00 per day. The respondent appeared at the fine certification hearing and totally fixed up the property. The property complied on July 22, 1999 and Mr. Blasie said he would recommend no fine. Motion Based on the testimony and evidence presented in Case No. 98-3090, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondent, Joseph E. Higgins, Jr. was in violation of Code Sections Chapter 15, Article IX-15-120 (E) 2. and (D) 1, Inc., subsequent to the date of compliance specified in this Board’s Order of February 15, 1999. Mr. Lambert moved that this Board find that the Respondent failed to comply with this Board’s Order, and that this Board impose and certify no fine or administrative costs. Motion seconded by Mr. Miriani. Motion carried 7-0. rd Case #99-0190 Louise & Sharon Denson 229 NW 3 Ave. Mr. Blasie stated the property was originally cited on January 21, 1999 for violation of the Community Appearance Code. The case first came before the Board on May 19, 1999 and no one appeared. A compliance date of June 14, 1999 was set or be fined $25.00 per day. The property complied on August 13, 1999. Mr. Blasie presented before and after pictures to the Board and stated the respondents did a very good job in fixing up the property. Staff recommends no fine. (Ms. Williams left the meeting at mid-night.) Motion Based on the testimony and evidence presented in Case No. 98-0190, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondents, Louise and Sharon Denson were in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc., subsequent to the date of compliance specified in this Board’s Order of May 19, 1999. Mr. Lambert moved that this Board find that the Respondents failed to comply with this Board’s Order, and that this Board impose and certify no fine or administrative costs. Motion seconded by Mr. Rossi. Motion carried 6-0. 51 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 Case #99-341 Alpine Seven Company, Inc. 1112 N. Federal Hwy. Mr. Blasie said the City recommends that this case be tabled and presented a copy of a letter requesting that the case be rescheduled. Motion Mr. Foot moved that Case No. 99-341 be tabled until the Code Compliance Board Meeting of September 15, 1999. Motion seconded by Mr. Rossi. Motion carried 6-0. LIEN PENALTY CERTIFICATIONS Case #98-2847 Donna L. Haye 2861 N. Seacrest Blvd. Mr. Blasie said the property is not yet in compliance. The respondent telephoned Mr. Blasie today and informed him that she had applied for assistance from Community Redevelopment, but did not meet the requirements. She informed him that she is in the process of possibly losing her home. Mr. Blasie requested that the fine be certified. Motion Based on the testimony and evidence presented in Case No. 98-2847, 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 Donna L. Haye 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 Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Rossi. Motion carried 6-0. Case #99-604 Paul J. Remy & Martha Albert 171 Ocean Parkway Mr. Blasie said the property was cited on March 30, 1999. The property complied on August 12, 1999 for 23 days of non-compliance. The City recommends no fine. Motion Based on the testimony and evidence presented in Case No. 99-604, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondents, Paul J. Remy and Martha Albert 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 June 16, 1999. 52 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA 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. Motion seconded by Mr. Finkelstein. Motion carried 6-0. st Case #99-527 Fleurima Guillaume 1711 NE 1 Street Macius Alcinor Mr. Blasie said the compliance date was set for July 19, 1999 or be fined $25.00 per day. The property has not yet complied. Motion Based on the testimony and evidence presented in Case No. 99-527, 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 Fleurima Guillaume and Macius Alcinor have violated this Board’s prior Order of June 16, 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. Finkelstein. Motion carried 6-0. th Case #99-529 Candice S. Bethea 161 NE 17 Court Mr. Blasie stated that the case first came before the Board on June 16, 1999 and a compliance date of July 19, 1999 was set or be fined $25.00 per day. The property is not yet in compliance. Motion Based on the testimony and evidence presented in Case No. 99-529, 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 Candice S. Bethea has violated this Board’s prior Order of June 16, 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. Finkelstein. Motion carried 6-0. 53 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 th Case #99-586 Joanne Falana-Bonimy 220 NW 20 Court Mr. Blasie stated the case came before the Board on July 21, 1999 and a compliance date of July 31, 1999 was set or be fined $50.00 per day. The property complied on August 13, 1999 or 12 days of non-compliance. Staff recommends no fine. Motion Based on the testimony and evidence presented in Case No. 99-586, 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 Joanne Falana-Bonimy has violated this Board’s prior Order of July 21, 1999, and this Board impose and certify no fine in this case. Motion seconded by Mr. Finkelstein. Motion carried 6-0. th Case #99-616 Henry Roberson, Tr. 235 NW 28 Avenue P.O. Box 2626 Delray Beach, FL 33447 Mr. Blasie stated the case first came before the Board on June 16, 1999. A compliance date of July 19, 1999 was set or be fined $25.00 per day. The property is not yet in compliance. Mr. Blasie said he was informed that the owner is trying to sell the property and no attempts have been made for compliance. Motion Based on the testimony and evidence presented in Case No. 99-616, 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 Henry Roberson, TR has violated this Board’s prior Order of June 16, 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. It was noted that this property has been cited 50 times since 1989 and has been owned all that time by the same owner. Motion carried 6-0. 54 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 rd Case #99-784 Patricia & Jesse Jones, Sr. & Jr. 334 NE 23 Ave. Mr. Blasie said that Mr. Jones appeared at the June 16, 1999 and pled no contest. The respondent was given 30 days and the property is not yet in compliance. Motion Based on the testimony and evidence presented in Case No. 99-784, 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 Patricia and Jesse Jones, Jr. & Sr. have violated this Board’s prior Order of June 16, 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. Finkelstein. Motion carried 6-0. Case #99-1318 Cabrera & Rego Enterprises, Inc. 1005 S. Seacrest Blvd. 338 Tall Pines Road West Palm Beach, FL 33413 Mr. Blasie stated this Board gave an order to abate the nuisance (unsecured dwelling). The City acted on the order and the City requests that the fine be certified plus the costs for boarding up of the property. Motion Based on the testimony and evidence presented in Case No. 99-1318, 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 Cabrera & Rego Enterprises, Inc. have violated this Board’s prior Order of July 21, 1999, and this Board impose and certify a fine in the amount of $100.00 per day, plus administrative costs and the costs of boarding up the property, which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Miriani. Motion carried 6-0. th Case #99-392 Lillie Mae Phillips, et al 518 NW 10 Ave. 55 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 Mr. Blasie stated no one appeared at the June 16, 1999 hearing date. A compliance date of July 19, 1999 was set or be fined $25.00 per day. The property is not yet in compliance. Motion Based on the testimony and evidence presented in Case No. 99-392, 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. Foot moved that this Board find that Lillie Mae Phillips, et al have violated this Board’s prior Order of June 16, 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. Lambert. Motion carried 6-0. th Case #99-993 George Martin 208 NE 11 Avenue rd 1015 NW 3 Street Boynton Beach, FL 33435 Mr. Blasie stated no one appeared at the July 21, 1999 hearing and the property is not yet in compliance. Motion Based on the testimony and evidence presented in Case No. 99-993, 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 George Martin 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 Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Miriani. Motion carried 6-0. th Case #98-3960 Patricia A. Dupras 1205 NW 13 Avenue Mr. Blasie informed the Board that this respondent never shows up for her lien reduction hearing and that she had paid $200 to be heard. 56 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA AUGUST 18, 1999 Motion Mr. Foot moved that Case No. 98-3960 be tabled until the Code Compliance Board Meeting to be held on September 15, 1999. Motion seconded by Mr. Miriani, which unanimously carried. VII. OTHER BUSINESS A. AUTHORIZATION TO FORECLOSE Case No. 98-0794 Lillian Mayhew, Sr. Motion Mr. Lambert moved that the above case listed on tonight’s Agenda be forwarded to the City Attorney’s Office for foreclosure. Motion seconded by Mr. Foot. Motion carried 6-0. REPORT ON DISPOSTION OF FIVE LIEN REDUCTION CASES Previously reported on. VII. ADJOURNMENT There being no further business, the meeting properly adjourned at 12:20 a.m. Respectfully submitted, __________________________________ Barbara M. Madden Recording Secretary (5 tapes) 57