Loading...
Minutes 07-21-99 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, JULY 21, 1999 at 7:00 P.M. PRESENT Christopher DeLiso, Chairman Nicholas Igwe, Assistant City Bob Foot Attorney Mark S. Frederick, Vice Chairman Scott Blasie, Code Compliance Patti Hammer Administrator Dick Lambert Inspectors: Ralph Barquin James Miriani Courtney Cain Larry Finkelstein, Alternate Mike Melillo Pete Roy ABSENT Willie Webb Enrico Rossi I. CALL TO ORDER Chairman DeLiso called the meeting to order at 7:02 p.m. II. APPROVAL OF MINUTES OF JUNE 16, 1999 MEETING Chairman DeLiso called for a motion to approve the minutes of the June 16, 1999 meeting. Motion Ms. Hammer moved that the minutes of the June 16, 1999 meeting be approved. Motion seconded by Mr. Finkelstein. 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 cases should be added to the Agenda: A.Page 30A (99-1024), Donald Fenton B. Page 30B (99-1355), Milton and Shirley Neustadter MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JULY 21, 1999 Mr. Blasie said there is no backup in the Agenda for the two additions and staff would provide the necessary information. Mr. Blasie said that the following cases should be deleted from the Agenda. C. Page 1 (Case 99-40), Southern Fence (removed) D. Page 2 (Case 99-1104), Pedro Valentin (closed) E. Page 6 (Case 99-139), Taiwan On Inc. (complied) F. Page 7 (Case 99-375), Ralph & Rosanna Vallarella (complied) G. Page 8 (Case 99-378), Marlene Aillet (complied) H. Page 17(Case 99-986), Robert & Arlene Byrne (complied) I. Page 18 (Case 99-1033), Lee Jeffrey (complied) J. Page 22 (Case 99-742), Marie Joseph (removed) K. Page 59 (Case 97-1639), Eslett Ruiz (removed) Chairman DeLiso called for a motion to approve the Agenda, as amended. Motion Mr. Miriani moved that the Agenda, as amended be approved. Motion seconded by Ms. Hammer. Motion unanimously carried. Chairman DeLiso instructed Mr. Blasie to call the roll. Mr. Blasie requested that all persons who were present this evening to please respond by raising their hand and stating “here”. Chairman DeLiso welcomed Commissioner Nellie Denahan to the meeting. 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. Chairman DeLiso noted because there was an attorney present this evening that case would be heard first. LIEN REDUCTION th Case #98-168 Wyonia Hanna 402 NW 15 Avenue P.O. Box 414 Boynton Beach, FL 33425 2 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JULY 21, 1999 Mr. Blasie stated the property was cited on January 14, 1998. The house needed painting and the yard needed grass. The case came before the Code Compliance Board on August 19, 1999. Service was made by posting and a letter was returned because there was no mailbox. No one appeared at the hearing. A compliance date of October 19, 1998 was set or be fined $25.00 per day. The property came into compliance on July 1, 1999 and the fine totaled $6,350 plus $634.12 in administrative costs. Mr. Blasie stated that Ms. Underwood, who is the applicant tonight, is the same person as Wyonia Hanna. Mr. Blasie presented photographs that were presented at the original hearing and three photographs of the property taken today. Mr. Blasie said that the property has been sold. When the applicant applied for the reduction the property looked better, but because of lack of rain the grass has turned brown. Mr. Blasie stated the Code makes allowances for draught conditions. Attorney Ken Slinkman 1401 Forum Way, Suite 201, West Palm Beach, Florida was present tonight on behalf of the respondent. Attorney Slinkman said that Ms. Hanna’s daughter worked for him for a great many years and called him yesterday to assist her mother. Attorney Slinkman said that Ms. Hanna did not understand the ramifications and legal aspects of the matter. Attorney Slinkman stated Ms. Hanna works two jobs and makes less than $20,000 per year and could not bring the property into compliance because of lack of money, but she did make an effort. Attorney Slinkman said the house had been sold and the closing date has been set for the end of July. With the lien payoff, Ms. Hanna would not realize any money from the sale. Attorney Slinkman was requesting that the Board offer some assistance in order that Ms. Hanna can realize something from the sale as she is 57 years old and only has $32.00 in the bank and noted that he is not being paid to be present this evening. Ms. Hanna did paint the house and plant grass and has done the best that she could. Chairman DeLiso asked why the respondent never appeared at any of the meetings and why she never responded to any of the notices. Chairman DeLiso said the Board could have directed Ms. Hanna to the City’s Community Improvement Department for assistance. Ms. Hanna said she had to work and could not afford to take time off to appear at the hearings and said she informed the Code Compliance Department of this and had called them several times. No one ever called her back. Mr. Blasie said there is correspondence in the file that indicates this and Ms. Hanna has received help from Community Improvement in the past for approximately $9,000/10,000. Mr. Blasie said there are some funds still due the City from that project as well and he did not think that Community Improvement would have offered assistance a second time. Chairman 3 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JULY 21, 1999 Blasie asked if the property had been a problem property that resulted in City assistance. Ms. Hanna said the property was not a problem and that she responded to an ad in the paper to improve her property. Attorney Igwe requested that the respondent confirm that the pictures presented this evening were of her property. Ms. Hanna confirmed it was her property. Ms. Hammer inquired when the respondent first received assistance and she stated it was in 1991. Ms. Hammer inquired what was done in 1991 for $10,000. Ms. Hanna said she received grass and the house was painted. Also, a new bathroom was put in and the interior was painted. Ms. Hanna did not have a copy of the signed Purchase and Sale Agreement to confirm that the house had been sold. Ms. Hanna said the th house has been sold and she needs to be out by the 30. Chairman DeLiso informed the respondent that after this Board makes a decision she would have to appear before the City Commission for their approval. Attorney Slinkman pointed out that the respondent has had a good track record with the City up until 1998 and that she has done the best she could do. Mr. Foot inquired how the respondent was able to appear tonight when she couldn’t appear at previous hearings. Ms. Hanna said she had to lose money to appear tonight, but she knew she had to appear. Chairman DeLiso was under the opinion that if it were not for the sale of the house, the respondent would not be present this evening and the lien would still be on the property. Chairman DeLiso also did not think the grass was in compliance. Attorney Slinkman stated the respondent was selling her property in order to move in with her daughter in Jacksonville. Attorney Slinkman said that the house looks very good except for some bare spots in the yard and that Ms. Hanna could not afford to purchase new grass. Attorney Slinkman requested that the Board consider allowing the respondent to realize something from the sale of the house after living in the house for 10 years and making payments. Mr. Lambert inquired if Attorney Slinkman had a figure in mind. Attorney Slinkman was under the impression that the best the Board would consider is that the respondent be responsible for the administrative costs. Chairman DeLiso noted the administrative costs were $634.12. Attorney Slinkman said he would like to see the respondent move to Jacksonville with some security in her pocket. Mr. Foot recommended that the Board consider administrative costs plus $500. 4 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JULY 21, 1999 Motion Based on the testimony and evidence presented in Case No. 98-168, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board recommend to the City Commission that the fine instituted in Case No. 98-168, by virtue of this Board’s Order of August 19, 1998, be reduced to $500, plus administrative costs of $634.12 for a total fine of $1,134.12. Motion seconded by Mr. Lambert. Motion carried 5-2 (Chairman DeLiso and Ms. Hammer dissenting). V. NEW BUSINESS Chairman DeLiso explained that the Board is a quasi-judicial board and follows Florida State Statutes. There is a plea system available and explained the plea system to the audience. The respondent is requested to take the podium when his name is called and state his name and address for the record. A respondent can plead “no contest” which means the violation does exist, but needs more time to meet compliance. Or, a respondent can plead “not guilty” which means the respondent feels the violation does not exist on the property. If a respondent pleads “not guilty” that means he does not feel that the violation exists on the property. The City will put on its case and the respondent will put on his case. The Board will then determine if the violation does in fact exist at the property. If a respondent is found guilty, a minimum amount of time to correct the violation will be given. If a respondent pleads no contest and needs a reasonable amount of time to correct the violation, the Board will usually grant the requested time. The violation must be fixed within that time. CASES TO BE HEARD Case No. 99-490: Bernice Merritt th Property Address: 321 NW 16 Court ViolationsChapter 15, Article IX-15-120 (D) .1A; : Remove all unregistered or inoperable motor vehicles from your backyard. Inspector Melillo stated the case was originally cited on March 1, 1999 for violation of the City’s Community Appearance Code. The property was cited through a 5 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JULY 21, 1999 neighborhood complaint and service was made by certified mail. Inspector Melillo presented photographs for the Board to review. th Bernice Merritt, 321 NW 16 Court took the podium and pled no contest. Ms. Merritt asked for 60 days for compliance. Chairman DeLiso inquired how many cars were on the property and Inspector Melillo stated five cars, plus car parts, a utility shed, truck body, etc. and said 60 days would not be unreasonable. Ms. Merritt statedthe trucks belonged to her husband and she wants them out of the yard also. Vice Chair Frederick inquired why the respondent did not do something about the th vehicles since April 13 when the respondent was first notified. Ms. Merritt said her husband did do some cleanup. Ms. Merritt said she was glad the property was cited because she wants the cars out of the yard also. Chairman DeLiso felt 60 days was too much time and that the respondent had plenty of time to remove the vehicles. Chairman DeLiso suggested 20 days since the case has been pending since March and the fine should be higher than $25.00. This might make the husband do something about the vehicles. Motion Based on the testimony and evidence presented in Case No. 99-490, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Bernice Merritt is in violation of Code Sections Chapter 15, Article IX-15-120 (D).1A of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violation on or before August 16, 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 Ms. Hammer. Motion carried 7-0. Case No. 99-615: Jean Valestil th Property Address: 123 NW 5 Court ViolationsChapter 15, Article IX-15-120 (D) .1A; : Remove trash and vehicle. Inspector Webb stated the property was originally cited on March 30, 1999 through a citizen’s complaint. Service was obtained by certified mail. 6 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JULY 21, 1999 th Jean Valestil, 123 NW 5 Court, Boynton Beach took the podium and pled no contest. The respondent asked for 90 days. Chairman DeLiso requested to view the photographs of the property and asked the respondent to confirm that the property was his, which he did. Chairman DeLiso noted that there are other items that needed to be taken care of. The respondent said the vehicle is not licensed and Chairman DeLiso informed him that it was illegal to keep an unregistered vehicle in his yard. The respondent requested time to repair the radiator of the vehicle. Chairman DeLiso said that 90 days was an unrealistic amount of time to register a vehicle and remove debris and that a vehicle can be registered in one day. Motion Based on the testimony and evidence presented in Case No. 99-615, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Jean Valestil is in violation of Code Sections Chapter 15, Article IX-15-120 (D) .1A of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violation on or before August 16, 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. Lambert. Chairman DeLiso thought the fine should be higher since the respondent had since March of 1999 to comply. Mr. Foot moved to amend the motion to make the fine $50.00 per day, plus administrative costs. Vice Chair Frederick did not agree to the amendment of his motion. Chairman DeLiso asked for a vote on the motion for $25.00 per day. Mr. Foot said he had the right to amend a motion. Attorney Igwe said the Board should vote on the amendment. If the amendment carries, the vote would pass, otherwise the original motion would stand. Attorney Igwe said he would have to review the procedure in this case and was under the impression a motion to amend that was seconded, could be voted on. Mr. Lambert seconded Mr. Foot’s amendment and Chairman DeLiso called for a vote on the amendment. The amended motion did not carry, the vote being 4-3 to deny. (Vice Chair Frederick, Ms. Hammer, Mr. Miriani and Mr. Finkelstein dissenting) 7 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JULY 21, 1999 Chairman DeLiso called for a vote on the $25.00 per day motion. Motion carried 6-1 ) (Chairman DeLiso dissenting VI. OLD BUSINESS A. LIEN PENALTY CERTIFICATIONS (Tabled) st Case #98-4129 Doug Bono 2021 NE 1 Way Inspector Melillo stated the property was cited on December 4, 1998 for violations of the Community Appearance Code and Land Development Regulations. Mr. Bono appeared at the February 17, 1999 hearing and a compliance date of May 17, 1999 was set or be fined $25.00 per day. The property complied on July 9, 1999 or 52 days of non- compliance. Chairman DeLiso requested to view the photographs. st Mr. Doug Bono, 2021 NE 1 Way, Boynton Beach, Florida took the podium and Chairman DeLiso asked the respondent why it took him an additional 52 days to comply. Mr. Bono said he inherited the property and did not live there until 7 ½ months ago. There was a tenant who leased the property and the tenant destroyed the house wherein it was inhabitable. The tenant threw trash and garbage throughout the house and out the windows. Mr. Bono said he worked on the property continually while he was maintaining a full time job. He also said he tried to refinance the house to make the repairs, but could not get a loan and said he used his own money to make the repairs himself, which took a longer period of time. Chairman DeLiso and all the Board members noted the respondent did a wonderful job on the house. Inspector Melillo said he could never get to speak with the tenant when he resided on the property. The tenant also abandoned three animals and Animal Control had to take the animals. Mr. Bono also stated he did not receive his mail because the tenant had all the mail forwarded to a post office box under the tenant’s name. Therefore Mr. Bono never received any notices. He is now residing at the property. Motion Based on the testimony and evidence presented in Case No. 98-4129, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondent, Doug Bono, was in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc. and Pt. 3, LDR, Chapter 20-VIII, Section 1.G.2.A.D.G, subsequent to the date of compliance specified in this Board’s Order of February 17, 1999. Mr. Lambert moved that this Board find that 8 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JULY 21, 1999 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 #98-2839 John T. Snow 115 SE 3 Avenue rd 125 SE 3 Avenue Boynton Beach, FL 33435 Inspector Barquin stated the property was originally cited on July 28, 1998 for violation of the City’s Community Appearance Code. At the Code Compliance hearing of November 18, 1998, the respondent did appear and a compliance date of February 15, 1999 was set or be fined $25.00 per day. The property complied on June 21, 1999 for a total of 125 days of non-compliance. rd Mr. John Snow, 125 SE 3 Avenue, Boynton Beach took the podium. Chairman DeLiso requested to view the photographs of the property and asked the respondent why it took him 125 days for compliance. Mr. Snow said there was no rain and the property had no irrigation. Mr. Snow said he painted the property and fixed it up. Mr. Lambert inquired how the respondent was watering the grass at the present time and he stated he installed a sprinkler system. Mr. Lambert asked why it took him so long to install a sprinkler system. Mr. Snow was under the impression that the case was being tabled until there was rain. Ms. Hammer noted that at the last meeting he came into compliance the following day after the meeting. Mr. Blasie said the City has a Code when there is a draught. Mr. Lambert said he had never heard of this before. Mr. Blasie responded that people must take care of their property, but the Community Appearance Code does have a provision for draught conditions. Mr. Blasie said there was a draught between January and March and during that period the City did not cite people for dead grass. Mr. Blasie noted the case came before this Board in November prior to the draught conditions. Mr. Lambert asked if the property had been sodded and Mr. Snow said it had. Inspector Barquin noted the photographs showed the areas that had been sodded, but the respondent was not certain when he actually laid the sod. Chairman DeLiso noted the property looks good, and asked if the property had ever been before the Board. Mr. Blasie said that the property had never been a problem property and the yard area is a very large corner lot. 9 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JULY 21, 1999 Motion Based on the testimony and evidence presented in Case No. 98-2839, Mr. Foot moved that this Board find, as a matter of fact, that the Respondent, John T. Snow, was in violation of Code Sections Chapter 15-Article IX-15-120 (E) 2.A and (D) 1, Inc., subsequent to the date of compliance specified in this Board’s Order of November 18, 1998. Mr. Foot moved that this Board find that the Respondent failed to comply with this Board’s Order, and that this Board impose and certify a fine in the amount of $500, plus administrative costs for a total fine of $1,184.12. Motion seconded by Mr. Miriani. Motion failed 4-3.(Chairman DeLiso, Vice Chair Frederick, Ms. Hammer and Mr. Finkelstein dissenting) Motion Based on the testimony and evidence presented in Case No. 98-2839, Vice Chair Frederick moved that this Board find, as a matter of fact, that the Respondent, John T. Snow, was in violation of Code Sections Chapter 15-Article IX-15-120 (E) 2.A and (D) 1, Inc., subsequent to the date of compliance specified in this Board’s Order of November 18, 1998. Vice Chair Frederick moved that this Board find that the Respondent failed to comply with this Board’s Order, and that this Board impose and certify a fine in the amount of $500 for the total fine. Motion seconded by Ms. Hammer. Motion carried 6-1 (Mr. Foot dissenting) Mr. Foot suggested to expedite the meeting, that the Board discuss the fines prior to making motions and taking votes. Attorney Igwe said the Board could follow this procedure. th Case #98-4181 Mary R. Whipple 136 SE 24 Avenue 7485 Haywood Drive Houston, Texas 77061 Inspector Roy said the property was originally cited on December 8, 1998 for Community Appearance Code violations and no one appeared at the hearing date of May 19, 1999. A compliance date of June 14, 1999 or a fine in the amount of $25.00 was set and the property is not yet in compliance. Inspector Roy said he spoke with the owner today and she assured him that she would assist her son financially to bring the property into compliance. th William Robb, 136 SE 24 Avenue, Boynton Beach took the podium and said he has lived at the property since 1994 and the property has never been sodded and he does 10 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JULY 21, 1999 not want to sod his property. Mr. Robb said he likes the property exactly the way it is and that he has cleaned the property up and changed the fence. Mr. Robb said there is white sand on the property with green grass. Chairman DeLiso requested to view the photographs of the property. Mr. Robb said he would like to gravel the area instead of sodding it, but was told he could not do this. Chairman DeLiso said the pictures do not show the property to be in compliance and he does not see any real white sand and it looks like weeds to him. Mr. Lambert explained to the respondent that the Board has two choices, the Board can either table the case or certify the fine and that the respondent has to comply and that the $25 per day fine keeps running. The only other thing the Board could do would be to table the case. Chairman DeLiso requested that the City should get current pictures of the property for the Board to view and that the case should be tabled until next month’s meeting since the photographs were taken in May and there are no current pictures. Mr. Lambert disagreed and said that pictures weren’t necessary and that the Board could rely upon the testimony of the City. The respondent said he does not want to plant grass and that he would put gravel in his yard in its place. Chairman DeLiso said he could not do this. Inspector Roy said that Mrs. Whipple indicated to him that she wants to comply and Inspector Roy told Mrs. Whipple he would try to get the case tabled if she would finance the grass. Mr. Blasie suggested tabling the case since Inspector Roy has spoken with the respondent’s mother. Motion Mr. Lambert moved that Case No. 98-4181 be tabled until the Code Compliance Board Meeting to be held on August 18, 1999. Motion seconded by Mr. Finkelstein. Motion unanimously carried. th Case #99-188 Jackie Fields & 219 NE 7 Avenue Joseph Rollerson rd 1611 NE 3 Street Boynton Beach, FL 33435 Inspector Webb stated the property was originally cited on January 21, 1999 for violation of the City’s Community Appearance Code, Land Development Regulations and the Standard Fire Prevention Code. The respondent appeared at the April 21, 1999 hearing and a compliance date of June 14, 1999 was set or be fined $50.00 per day. The property is not yet in compliance. Inspector Webb said there was an original case 11 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JULY 21, 1999 that had been cited under Ms. Evelyn Jackson. The property was re-cited for this case. Inspector Webb presented photographs of the property before and after. th Mr. Joseph Rollerson, 219 NE 7 Avenue, Boynton Beach took the podium. Chairman DeLiso asked the respondent why the property is not yet in compliance. Inspector Webb said the case was referred to the Code Compliance from Children Services and the Police Department. The property was cited for being unfit for human habitation. Inspector Webb said that a great deal of money has been put into the property and it is almost in compliance and asked the Board to table the case until next month. Motion Mr. Lambert moved that Case No. 99-198 be tabled until the Code Compliance Board Meeting to be held on August 18, 1999. Motion seconded by Vice Chair Frederick. Motion unanimously carried. It was noted that a remarkable job has been done to the property to date. rd Case #99-190 Louise & Sharon Denson 229 NW 3 Avenue Inspector Webb said 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 is not yet in compliance. Inspector Webb said the respondent is present and the property is 90% in compliance and that more grass has been ordered. The City asks that the case be tabled. Motion Mr. Lambert moved that Case No. 99-190 be tabled until the Code Compliance Board Meeting to be held on August 18, 1999. Chairman DeLiso asked the respondent why the property is not in compliance and she said she is waiting for the sod to be delivered. Motion carried unanimously. th Case 99-613 Jeannie Lou Nixon 543 NW 11 Avenue Inspector Webb stated that the property was originally cited on March 30, 1999 for violation of the City’s Community Appearance Code. The case came before the Board on May 19, 1999 and the respondent did not appear. A compliance date of June 1, 12 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JULY 21, 1999 1999 was set or be fined $25 per day. The property complied on June 22, 1999 or 20 days of non-compliance. Chairman DeLiso requested to view the photographs. th Ms. Nixon of 543 NW 11 Avenue, Boynton Beach took the podium and Chairman DeLiso asked the respondent why it took her 20 extra days to meet compliance. Ms. Nixon said she was told that if the car were covered it would be all right. However, after speaking with the Code Department, Ms. Nixon obtained temporary tags for the vehicle. Motion Based on the testimony and evidence presented in Case No. 99-613, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondent, Jeannie Lou Nixon, was in violation of Code Sections Chapter 15-Article IX-15-120 (D) 1A, subsequent to the date of compliance specified in this Board’s Order of May 19, 1999. Mr. Lambert moved that this Board find that the Respondent failed to comply with this Board’s Order, and that this Board impose and certify no fine or administrative costs in this case. Motion seconded by Ms. Hammer. Mr. Foot stated that the respondent should be responsible for the City’s administrative expenses in the case. Motion carried 6-1 ) (Mr. Foot dissenting D. LIEN REDUCTION Case #96-4032 Marilyn Graham & 2841 N. Seacrest Blvd. Robin Denson Mr. Blasie stated the case was originally cited on September 24, 1996 for having a deteriorated driveway. The case first came before the Board on December 18, 1996 th and service was made by certified mail. No one appeared at the December 18 hearing and the Board rendered an order of compliance for January 14, 1997 or be fined $25.00 per day. The property came into compliance today for a total fine of $22,925 plus $730.15 in administrative costs. Mr. Blasie said the applicant tonight is a representative of ERA Realty. Mr. Blasie said the driveway has been repaired, but in order for the case to be heard tonight, the yard had to be sodded. Mr. Blasie showed photographs of the property. The first set of photos was taken February 13, 1997, the second set was taken July 19, 1999 and the third set of photos were taken today which shows a sprinkler running in the yard and the new sod that had been laid. Mr. Blasie felt the brown spots would come back. 13 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JULY 21, 1999 Ms. Vicki Toothman, 3746 E. Sandpiper Drive, Boynton Beach, Apt. #9 took the podium and stated the property was a foreclosure and that Fannie Mae was the servicing lender for the repossessing company. ERA acquired the property on April 20, 1999 and as soon as they did, they took care of the property and the lawn. The property has been sold and a title search revealed that there were liens on the property. As soon as the liens were discovered, the driveway was repaired which cost $1,000. The placement of sod cost $575, which died. The back fence was removed as requested. Ms. Toothman said she placed the sod down today herself. Chairman DeLiso thought there was a great deal of brown on the grass. Mr. Blasie did not feel the grass was dead and that the grass only needs watering. The property was supposed to be watered by a neighbor, but he never watered the left-hand side of the house because his hose didn’t reach. Mr. Finkelstein noted that a law firm had called for a payoff in March of 1999 and asked if that firm is employed by ERA. Ms. Toothman said she represents Fannie Mae who is the servicing lender for Chemical Mortgage. Ms. Toothman said that they have a buyer who is waiting to close and is anxious to repair the property. Mr. Foot suggested that there be a significant fine on top of the administrative costs of at least $1,000. Chairman DeLiso felt the fine should be higher and that the mortgagee has owned the property since 1997 and the only time these cases come before the Board are when the properties are sold or refinanced. Chairman DeLiso suggested a fine of $5,000 since the City is dealing with a lender compared to a resident of the City. Ms. Toothman said that they didn’t get a great deal of money for the house and as soon as they were made aware of the violations, they fixed the property. Ms. Hammer said that a lender could well afford to keep the property up to code. Ms. Toothman said this was a problem property and people walk across the property daily and the broken bottles have to be constantly picked up. Motion Based on the testimony and evidence presented in Case No. 96-4032, and having been advised that the Respondents have complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Lambert moved that this Board recommend to the City Commission that the fine instituted in Case No. 96-4021, by virtue of this Board’s Order of December 18, 1996 be reduced to $5,000, plus administrative costs. Motion seconded by Ms. Hammer. Motion carried 7-0. 14 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JULY 21, 1999 th Case #97-1929 Eslett Ruiz 120 NE 27 Avenue 7486 Coconut Drive Lake Worth, FL 33467 Mr. Blasie said the property was originally cited on May 6, 1997 for an unsecured single-family home, the driveway was deteriorated and a lawn was required. The case came before the Board on July 16, 1997 and service was obtained by certified mail. No one appeared at the hearing. A compliance date of September 15, 1997 was set or be fined $100 per day. The property complied today for a total fine of $67,300, plus $730.15 in administrative costs. Mr. Blasie presented photographs of the property first to the respondent and then to the Board. Photos were taken on October 28, 1997, April 13, 1998, December 2, 1998 and today. The respondent confirmed the photographs were of her property. Ms. Eslett Ruiz of 7486 Coconut Drive, Lake Worth, Florida took the podium and Chairman DeLiso asked her why it took 673 days for the property comply. Ms. Ruiz said she put a new roof on the house. The house was flooded by break-ins. Ms. Ruiz said she replaced the windows several times because they keep getting broken. The Police Department told her to board up the house, which she did. During that time Ms. Ruiz got sick and did not have the money or ability to work on the property. Ms. Ruiz said the property was broken into again and the kitchen cabinets were torn out. Ms. Ruiz said she has a buyer for the property and it was discovered that there was a lien on the property. Ms. Ruiz said she contacted Scott Blasie, the Police Chief and a member of this Board. Ms. Ruiz presented a letter, which her doctor faxed to her regarding her being under the doctor’s care. Chairman DeLiso requested to look at the letter. Chairman DeLiso noted that the respondent is ill and having financial problems and a new owner would probably be fixing up the property and said the property is not worth $67,000. Chairman DeLiso noted that after speaking with Ms. Ruiz and with Mr. Blasie, the respondent has a health problem and does not have money to fix the property. The Board should consider that the property is going to be sold and fixed up. Ms. Hammer asked what the City would recommend in this case. Mr. Blasie said that a $67,000 lien is unrealistic and the statute should be consulted and the gravity of the violation should be considered. The fine is exorbitant. Mr. Blasie said that if the property were not sold it would only remain as is and be continually boarded up and vandalized. Ms. Ruiz requested that the Board reduce the lien so that the property could be sold and noted the buyer was in the audience tonight. Mr. Lambert inquired why the 15 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JULY 21, 1999 property was not put up for sale two years ago and Ms. Ruiz said it was for sale then and that is when the property started to get destroyed. Ms. Ruiz asked that the Board only assess the administrative fee in her case and said there is a mortgage on the property that needs to be paid off. Mr. Miriani asked if a fine of $5,000 plus costs would be a figure she has in mind. Ms. Ruiz said that $5,000 was too high and that she has already put thousands of dollars into the property. Chairman DeLiso felt the case should be moved on and only the administrative costs should be assessed, which would cover the City’s fees. Mr. Foot asked the members to refer to the minutes of the July 16, 1997 which state Ms. Ruiz has been before this Board before. Those minutes state that Chairman DeLiso said that she knows the system and is also known in Lake Worth. The fine was increased to $100 per day at that time. Mr. Foot does not feel the Board should have much sympathy for the respondent. Mr. Foot said that a fine of at least $1,000 plus administrative costs should be assessed. Chairman DeLiso stated that at that time he was not familiar with the neighborhood and where the property was located. Ms. Hammer agreed with Chairman DeLiso since there is a buyer for the property. Mr. Miriani felt there should be a fine of at least $1,000 plus administrative costs. Mr. Lambert inquired what the difference was between this case and the last case and Chairman DeLiso pointed out that the last case was a foreclosure and the owners walked away from the property. Mr. Foot did not feel this Board needed to have a great deal of sympathy for the respondent’s financial affairs since she owns other properties. Motion Based on the testimony and evidence presented in Case No. 97-1929, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 though 2-89 of the City of Boynton Beach Code of Ordinances, Vice Chair Frederick moved that this Board recommend to the City Commission that the fine instituted in Case No. 97-1929, by virtue of this Board’s Order of July 16, 1997 be reduced to a total fine of $1,000. Motion seconded by Ms. Hammer. Motion carried 4-3. (Messrs. Foot, Lambert and Miriani dissenting) Mr. Foot asked Assistant City Attorney Igwe what procedure Board members should follow if persons outside this room contact them and is it proper to hear their arguments outside this room. Mr. Foot was under the impression that only arguments should be heard in this room. Chairman DeLiso said that Ms. Ruiz called him about the property in general and to complain about Mr. Blasie. Chairman DeLiso explained to her the 16 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JULY 21, 1999 City’s Ordinance states that a property must be in compliance before it can come before the Board and that was all that was discussed. Attorney Igwe said that as long as there are not two Board members speaking about a potential case this is not a violation of the Sunshine Law. Attorney Igwe stated that Ms. Ruiz was essentially seeking direction because she was frustrated and did not know of anything under the law that would prohibit her from speaking with Chairman DeLiso. Attorney Igwe also pointed out that Chairman DeLiso did not seek her out and that she was seeking direction. There was nothing improper. Mr. Blasie said there have been a great many times in the past where people have called individual Board members to complain about staff. th Case #98-3367 Steven Modica 211 NW 7 Court th 8251 NW 49 Street Sunrise, FL 33351 Mr. Blasie stated the property was originally cited on September 18, 1998. The house required painting and removal of trash and debris. The property was in need of a lawn and the driveway was in disrepair. The case came before the Board on December 16, 1998 and service was made by certified mail. No one appeared at the hearing. A compliance date of February 15, 1999 was set or be fined $25.00 per day. The property complied yesterday, July 20, 1999 for 151 days of non-compliance. The fine totaled $3,775 plus administrative costs of $634.12. Mr. Blasie said the applicant for the reduction is Terrence Pereira, who purchased the property with the lien on it. Mr. Blasie presented five photographs to the Board. Three photos show the property on May 7, 1999 and two photographs taken today on July 21, 1999. The property is rental property and is a duplex. The property is located on a dead-end street behind the Boynton Terrace Apartments and has been a nightmare property. Mr. Blasie said that the applicant has done a nice job to the property. Steve Modica, the previous owner of the property took the podium with Terrence and th Diana Pereira, 161 NE 19 Avenue, Boynton Beach, the new owners of the property. There was an agreement between them to put funds in escrow to pay for the lien or lien reduction. Mr. Lambert noted there is a fine on the property for $4,000. The new owners purchased the property and money was put in escrow and then there is a “roll the dice” in coming before the Board to get the lien reduced. Mr. Modica said the agreement was that the new owners would bring the property into compliance by the time of this hearing and if they did not, they would assume the full lien. Attorney Igwe asked for a copy of the agreement. Mr. Lambert said this Board is not in a “contest” to fix property up. For 17 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JULY 21, 1999 151 days the property was garbage and now he wants to make a deal because the property is sold. Mr. Lambert said just because the property looks good now, doesn’t mean there should be no fine in the case. Mr. Modica said he purchased the property from the previous owner who needed money and he bought the property with tenants on the property who were supposed to be paying rent. The tenants were not paying rent and Mr. Modica hired an attorney to evict the tenants. This cost him $1,500, and the eviction took over a year. Inspector Webb informed him on the day of the eviction that the windows needed to be boarded up and the debris needed to be removed. The Sheriff and his crew cost $1,200 and an additional $1,000 was necessary to clean up after the tenants moved out. The respondent said Inspector Webb informed him that the property was in compliance and then he learned there was an additional lien on the property from Inspector Cain, who said the property needed a driveway. Mr. Modica said there never was a driveway on the property and when he purchased it there was just dirt. Mr. Modica said he was never aware that there was a lien on the property and did not discover the liens until the day of the eviction. Mr. Foot suggested a fine of $500 plus administrative costs. Chairman DeLiso suggested a total fine of $1,500. Discussion on the fine assessment ensued. Ms. Modica stated he was losing $10,000. Motion Based on the testimony and evidence presented in Case No. 98-3367, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 though 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board recommend to the City Commission that the fine instituted in Case No. 98-3367, by virtue of this Board’s Order of December 16, 1998 be reduced to a total fine of $1,500. Motion seconded by Mr. Finkelstein. Motion carried 7-0. Chairman DeLiso requested that the minutes reflect that this is a problem area and that the property now looks very good. CASES TO BE HEARD Case No. 99-1011: Isaac James th Property Address: 215 NW 7 Court ViolationsChapter 15, Article IX-15-120 (D) 1, : Inc., 10-2, 10-3 and 13-16 B.B.C. of 18 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JULY 21, 1999 Ord.; Remove all trash and debris, all objects that can become hurricane hazards; obtain an occupational license for rental property and repair roof. Inspector Webb stated the case was cited on May 3, 1999 through a citizen’s complaint for violation of the City’s Community Appearance Code and Occupational License required. Service was made by certified mail and Mr. James is present this evening. Inspector Webb stated that Mr. James has obtained his occupational license and has obtained his permit for the roof. All that remains is the trash. Mr. James took the podium and pled no contest. Motion Based on the testimony and evidence presented in Case No. 99-1011, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Isaac James is in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc.of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violation on or before August 16, 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. CHAIRMAN DeLISO CALLED FOR A RECESS AT 9:35 P.M. THE MEETING RECONVENED AT 9:45 P.M. Chairman DeLiso requested that the Recording Secretary relate to this Board the same scenario that occurred at one of the Planning and Development Board meetings when a developer contacted certain Board Members. Assistant City Attorney Cirullo stated at that meeting that as long as the Board member reveals that he had been contacted, as Chairman DeLiso has done this evening, that it was in order and that each Board Member that had been contacted was contacted on an individual basis. Chairman DeLiso asked Attorney Igwe for his legal opinion on this and Attorney Igwe confirmed that this was consistent with his earlier opinion. 19 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JULY 21, 1999 Vice Chairman Frederick also inquired if the Board was allowed to consider past violations. Attorney Igwe said that under the Statute this Board is allowed to consider past violations. Vice Chairman Frederick also said it would be feasible to track a property by address and by owner of the property and it would assist this Board if the property owner either had repeat violations at the same address or repeat violations at several addresses. Mr. Blasie said it is common for Code Compliance Department to inform this Board if a particular property owner has been cited in the past. Also, Mr. Blasie said it could be done, but did not think this is advisable because of the time involved. Vice Chairman Frederick inquired if a database of violations was maintained. Mr. Blasie said this information is available within the database back to 1988 but would involve a great deal of work. Vice Chairman Frederick felt this would assist new members on the Board. Mr. Blasie said one person could not do this in one day. Vice Chairman Frederick noted that the repeat offenders know the system and just keep coming back and he would personally like to know the track record on the property and the person. Mr. Blasie said he would look into furnishing this information and perhaps this could be furnished for repeat offenders and for the same property addresses. Ms. Hammer said that this information should have been furnished for two cases this evening and she was not aware how old the cases were and how much property the violators actually owned. Attorney Igwe said he would look into the new Statute to determine the length of time for tracking multi-properties and multi-property owners. Vice Chairman Frederick would like this information included in the back up for the agenda. NEW BUSINESS CASES TO BE HEARD Case No. 99-586: Joanne Falana-Bonimy th Property Address: 220 NW 20 Court ViolationsB.B.C.O. 96-40 103.5; Please obtain : permit to repair electric meter. This is a health and safety hazard; see copy of red tag dated March 22, 1999. Inspector Melillo stated the case was cited on March 25, 1999 and service was made by certified mail. Inspector Melillo stated this was a repeat offender. City recommends 10 days. 20 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JULY 21, 1999 Motion Based on the testimony and evidence presented in Case No. 99-586, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Joanne Falana-Bonimy is in violation of Code Sections 96-40, 103.5.of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violation on or before July 31, 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 Ms. Hammer. Motion carried 7-0. Case No. 99-824: Lorraine V. Griffin th Property Address: 151 NE 18 Avenue ViolationsChapter 15, Article IX-15-10 (E) 2B : and 120 (D), Inc. and Section 13-16 B.B.C. of Ord.; Please install grass in yard and swale; remove all loose trash and debris; install new roof; occupational license required for rental of single family home. Inspector Melillo stated the case was cited on April 16, 1999 through routine inspection of the neighborhood and service was made by posting. Inspector Melillo stated this was a repeat offender. City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-824, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Lorraine V. Griffin is in violation of Code Sections Chapter 15, Article IX-15-10 (E) 2B and 120 (D), Inc. and Section 13-16 B.B.C. of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violation on or before August 16, 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. Foot. 21 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JULY 21, 1999 Motion carried 7-0. Case No. 99-1084: Riverwalk Plaza Joint Venture Property Address: 1608 S. Federal Highway ViolationsSBC ’94 ED 104.6.1, permit #98-2199, : See copy of red tag dated May 7, 1999 Inspector Roy stated the case was originally cited on May 12, 1999 and service was made by certified mail. The City recommends 13 days. Motion Based on the testimony and evidence presented in Case No. 99-1084, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Riverwalk Plaza Joint Venture is in violation of Code Sections SBC ’94 ED 104.6.1,of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violation on or before August 2, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this order. Motion seconded by Mr. Foot. Motion carried 7-0. Case No. 99-1249: Crossland Mortgage Corp. nd Property Address: 2910 SE 2 Street ViolationsChapter 15, Article IX-15-120 (D), Inc.; : trim all hedges. Inspector Roy stated the case was originally cited on June 1, 1999 through a neighborhood complaint and service was made by certified mail. The City recommends 14 days. Inspector Roy stated this was a repeat offender. Motion Based on the testimony and evidence presented in Case No. 99-1249, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Crossland Mortgage is in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc, of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violation on or before August 5, 1999. If the Respondent does not comply with this Order, a fine in the amount of $50.00 per day, plus administrative 22 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JULY 21, 1999 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. Case No. 99-1355: Milton and Shirley Neustadter Property Address: 22 Sutton Drive ViolationsSection 2.5.3 B.B.C. of Ord.; Alarm : decal required. Inspector Roy stated the case was originally cited through a complaint from the Police Department on June 2, 1999. Service was made by certified mail. Inspector Roy thought that the respondents might be out of state and requested 90 days. Motion Based on the testimony and evidence presented in Case No. 99-1355, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Milton and Shirley Neustadter are in violation of Code Sections 2.5.3 of the Boynton Beach Code of Ordinances. Vice Chair Frederick 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 Ms. Hammer. Motion carried 7-0. Case No. 99-657: Robert J. and Betty A. Moran th Property Address: 451 NE 26 Avenue ViolationsChapter 15, Article IX-15 120 (D) .1B : and 120 (D) 1.D; please install sod in yard; repair wood fence around house. Inspector Cain stated the case was originally cited through a complaint from the Police Department on March 31, 1999. The City recommends 30 days. 23 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JULY 21, 1999 Motion Based on the testimony and evidence presented in Case No. 99-657, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that - Robert J. and Betty A. Moran are in violation of Code Sections Chapter 15, Article IX15 120 (D) .1B and 120 (D) 1.D of the Boynton Beach Code of Ordinances. Vice Chair Frederick moved to order that the Respondents correct the violation on or before August 16, 1999. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this order. Motion seconded by Ms. Hammer. Motion carried 7-0. Case No. 99-669: Johnny Young, Jr. and Norma Guthrie th Property Address: 211 NE 26 Avenue ViolationsChapter 15, Article IX-15 120 (B) .1, : 120 (D) 1.D and Section 20-6 of the B.B.C.; install sod on west side of driveway and swale; R.V. parking on private property; boat must be stored on driveway. Inspector Cain stated the case was originally cited on April 6, 1999. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-669, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Johnny Young, Jr. and Norma Guthrie are in violation of Code Sections Chapter 15, - Article IX15 120 (B), 120 (D) 1.D and Section 20-6 of the Boynton Beach Code of Ordinances. Vice Chair Frederick moved to order that the Respondents correct the violation on or before August 16, 1999. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this order. Motion seconded by Ms. Hammer. Motion carried 7-0. 24 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JULY 21, 1999 Case No. 99-714: Luc and Venus Joseph nd Property Address: 2371 NW 2 Street ViolationsChapter 15, Article IX-15 120 (D) Inc.; : please install sod on south side of driveway; remove all open storage items from carport. Inspector Cain stated the case was originally cited on April 7, 1999. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-714, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that - Luc and Venus Joseph are in violation of Code Sections Chapter 15, Article IX15 120 (D) of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondents correct the violation on or before August 16, 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. 99-881: Julia R. Melvinr Property Address: 3167 Orange Street ViolationsSBC ’94 ED 104.1.1; A. C. was : installed without an electrical permit. See copy of “red tag” dated November 12, 1998. Inspector Cain stated the case was originally cited on April 19, 1999. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-881, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Julia R. Melvinr is in violation of SBC ’94 ED 104.1.1 of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violation on or before August 16, 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 25 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JULY 21, 1999 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. Case No. 99-714: Paul Adams & John H. Adams III th Property Address: 300 NE 28 Court ViolationsChapter 15, Article IX-15 120 (D) Inc. : and PT3-LDR, Chapter 2.S.8A.5.B (13), Section 10-2 and 13-16 of the B.B.C.; Please install sod in yard; remove all trash and debris and junk from under carport; outside storage is prohibited; remove vehicle or have it registered; occupational license is required to rent house; remove overgrowth and/or debris. Inspector Cain stated the case was originally cited on April 22, 1999. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-714, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Paul Adams and John H. Adams, III are in violation of Code Sections Chapter 15, Article IX-15 120 (D) Inc. and PT3-LDR, Chapter 2.S.8A.5.B (13),Section 10-2 and 13- . 16 of the B.B.C of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondents correct the violation on or before August 16, 1999. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this order. Motion seconded by Ms. Hammer. Motion carried 7-0. Case No. 99-939: Terry Bryant Property Address: 301 Ocean Parkway ViolationsChapter 15, Article IX-15-120 (D), Inc. : and Section 13-16 B.B.C. of Ord.; please install sod in yard and swale 26 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JULY 21, 1999 area wherever dead or bare spots occur; every rental unit used for residential living purposes in the City must be licensed. Inspector Cain stated the case was originally cited on April 22, 1999. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-939, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Terry Bryant is in violation of Chapter 15, Article IX-15-120 (D), Inc. andSection 13-16 B.B.C. of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violation on or before August 16, 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. Case No. 99-499: Ernest C. and Paula A. Briggs nd Property Address: 136 SW 2 Avenue ViolationsChapter 15, Article IX-15 120 (D) 1, : Inc. Please mow and de-weed the yard; plant grass in dead areas to establish a green lawn. Inspector Barquin presented this case for Inspector Lewis and stated the case was originally cited on March 3, 1999. The property was cited through routine inspection and service was made by posting. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-499, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Ernest C. and Paula A. Briggs are in violation of Code Sections Chapter 15, Article IX- 15 120 (D) 1, Inc. of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondents correct the violation on or before August 16, 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 27 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JULY 21, 1999 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. Case No. 99-521: Dennis F. Shelmerdine th Property Address: 111 SW 10 Avenue ViolationsChapter 15, Article IX-15-120 (B) 2, : Inc. and 120 (D) 1, Inc.; Roof needs to be repaired and the house needs to be painted; please remove un- operable, unregistered van from the property. Inspector Barquin stated the case was originally cited on March 10, 1999 through routine inspection. Service was made by certified mail and the City recommends 30 days. Inspector Barquin said the roof has been repaired. Motion Based on the testimony and evidence presented in Case No. 99-521, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Dennis F. Shelmerdine is in violation of Chapter 15, Article IX-15-120 (B) 2,Inc. and 120 (D) 1, Inc of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violation on or before August 16, 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. 99-540: Jeanette M. Denisco th Property Address: 420 SW 7 Avenue ViolationsChapter 15, Article IX-15-120 (D) 1, : Inc. and Section 13-16 B.B.C. of Ord.; Overgrown yard needs to be mowed and all overgrown hedges and trees cut; occupational license required. 28 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JULY 21, 1999 Inspector Barquin presented this case for Inspector Lewis and stated the case was originally cited on March 15, 1999 through routine inspection. Service was made by certified mail and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-540, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Jeanette M. Denisco is in violation of Chapter 15, Article IX-15-120 (B) 2,Inc. and 120 (D) 1, Inc of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violation on or before August 16, 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. Case No. 99-976: Marie C. and J. Marc Calixte th Property Address: 145 SE 4 Avenue ViolationsChapter 15, Article IX-15 120 (D) 1, : Inc., Section 13-16 and 15-16 of B.B.C. of Ord.; Occupational license required; mandatory building street numbers; please have all unregistered autos removed from the property; all openly stored items, including barrels, tires, etc. must be removed from the yard; grass needs to be installed in dead areas of the yard and swale; overgrown hedges need to be trimmed. Inspector Barquin presented this case for Inspector Lewis and stated the case was originally cited on April 27, 1999. The property was cited through routine inspection and service was made by hand carry. The City recommends 30 days. Motion 29 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JULY 21, 1999 Based on the testimony and evidence presented in Case No. 99-976, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Marie C. and J. Marc Calixte are in violation of Code Sections Chapter 15,Article IX-15 120 (D) 1, Inc., Section 13-16 and 15-16. of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondents correct the violation on or before August 16, 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. Inspector Barquin stated the only remaining violation is the occupational license. Motion carried 7-0. Case No. 99-1318: Cabrera & Rego Enterprises, Inc. Property Address: 1005 S. Seacrest Blvd. ViolationsPT3-LDR, Chapter 20, VIII, Section : 1.G and 10-2 B.B.C. of Ord.; building needs to be secured; all doors, windows, etc.; yard is overgrown with weeds and needs to be mowed and all debris removed. Inspector Barquin presented this case for Inspector Lewis and stated the case was originally cited on June 8, 1999. The property was cited through routine inspection and service was made by certified mail. The City recommends 10 days for an unsecured dwelling. Motion Based on the testimony and evidence presented in Case No. 99-1318, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Cabrera & Rego Enterprises, Inc. are in violation of Code Sections PT3-LDR, Chapter 20, VIII, Section 1.G and 10-2 B.B.C. of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondents correct the violation on or before July 31, 1999. If the Respondents do not comply with this Order, a fine in the amount of $100.00 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. 30 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JULY 21, 1999 Mr. Blasie said this was a repeat offender. Inspector Barquin said the lawn has been mowed, but the windows need to be boarded up. Motion carried 7-0. Also Inspector Barquin requested that the Board render an order in this case pursuant to Chapter 2, Article 5, Section 2-79 of the Boynton Beach Code of Ordinances to recommend to the City Commission that the City will abate the nuisance by making all reasonable repairs to bring the property into compliance and charge the violator for the cost of the repairs along with the fine pursuant to this case. Motion Vice Chair Frederick moved that this Board render an order in this case pursuant to Chapter 2, Article 5, Section 2-79 of the Boynton Beach Code of Ordinances to recommend to the City Commission that the City will abate the nuisance by making all reasonable repairs to bring the property into compliance and charge the violator for the cost of the repairs along with the fine pursuant to this case. Motion seconded by Ms. Hammer. Motion carried 7-0. Case No. 99-1024: Donald Fenton th Property Address: 214 SE 7 Avenue ViolationsChapter 15, Article IX-15-120 (D) 1, : Inc.; remove tractor-trailer in right of way. Inspector Barquin stated the property was originally cited on May 4, 1999 through routine inspection and service was made by certified mail. The City recommends 15 days. Mr. Blasie presented pictures to the Board to review. Motion Based on the testimony and evidence presented in Case No. 99-1024, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Donald Fenton is in violation of Chapter 15, Article IX-15-120 (D) 1,Inc. of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violation on or before August 5, 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 31 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JULY 21, 1999 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. LIEN PENALTY CERTIFICATION (Tabled) Case #98-1947 Charles & Carol Metcalf 12 Chelsea Lane Inspector Barquin stated the property was originally cited on June 22, 1998 for violation of the City’s Community Appearance Code. The matter first came before the Board on November 18, 1998 and the respondents appeared. A compliance date of February 15, 1999 was set or be fined $25.00 per day. The property is not yet in compliance. Inspector Barquin briefed the Board that this particular respondent was having financial difficulties and obtained a loan through his mother-in-law. The house requires extensive roof repairs, including replacement of some trusses. The contractor informed Inspector Barquin that he had received a contract to make the repairs and applied for permits. Inspector Barquin said another 60 to 90 days would be needed. Motion Mr. Foot moved that Case No. 98-1947 be tabled until the Code Compliance Board Meeting to be held on November 17, 1999. Motion seconded by Ms. Hammer. Motion carried 7-0. CASES TO BE HEARD Case No. 99-993: George Martin th Property Address: 208 NE 11 Avenue ViolationsSection 10-52 of B.B.C. of Ord.; : unregistered and inoperable vehicles are not allowed to be stored on residential property. Inspector Webb stated the property was cited through routine inspection and service was obtained by certified mail. Staff recommends 10 days. Motion 32 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JULY 21, 1999 Based on the testimony and evidence presented in Case No. 99-993, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that George Martin is in violation of Section 10-52 of the Boynton Beach Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violation on or before July 31, 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. 99-999: Secretary of HUD rd Property Address: 803 NE 3 Street ViolationsChapter 15, Article IX-15-120 (D) 1, : Inc. andSection 13-16 of B.B.C. of Ord.; Please obtain an occupational rental license for property; install sod in yard and swale; mow grass and weeds; trim hedges; remove all trash and debris. Inspector Webb stated the property was cited on April 30, 1999 through routine inspection and service was obtained by certified mail. Staff recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-999, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that the Secretary of HUD is in violation of Chapter 15, Article IX-15-120 (D) 1,Inc. and Section 13-16 of the Boynton Beach Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violation on or before August 16, 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. 33 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JULY 21, 1999 Mr. Finkelstein questioned why the Secretary of HUD would need an occupational license and Inspector Webb said that currently the property is boarded up. Mr. Finkelstein did not think that HUD would be renting out the property. Mr. Blasie requested that this be deleted from the motion. Vice Chair Frederick amended his motion to exclude Section 13-16 (requirement of an Occupational License). Mr. Miriani seconded the amended motion, which unanimously carried. Case No. 99-1040: Helen Gamble th Property Address: 230 NW 12 Avenue ViolationsChapter 14, Article IX-15-120 (D) 1, : Inc. andSection 13-16 of B.B.C. of Ord.; Please remove all trash and debris and unsightly dog houses; trim bushes. Inspector Webb stated the property was cited on May 5, 1999 through a citizen’s complaint and service was obtained by certified mail. Staff recommends 15 days. Motion Based on the testimony and evidence presented in Case No. 99-1040, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Helen Gamble is in violation of Chapter 15, Article IX-15-120 (D) 1,Inc. and of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violation on or before August 5, 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. Case No. 99-1188: Kadar & Karla, Inc. th Property Address: 916 NW 4 Street ViolationsChapter 15, Article IX-15-120 (E) 2A, : 120 (D) .1A and 120 (D) 1.E; property contains trash and debris and other discarded objects that must be disposed of properly; property must be kept mowed and bushes trimmed; 34 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JULY 21, 1999 replace or repair roof and fascia boards and paint. Inspector Webb stated the property was originally cited on May 27, 1999 through routine neighborhood inspection. Service was obtained by posting and staff recommends 15 days. Motion Based on the testimony and evidence presented in Case No. 99-1188, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Kadar & Karla, Inc. are in violation of Code Sections Chapter 15, Article IX-15-120 (E) 2A, 120 (D) .1A and 120 (D) 1.E of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondents correct the violation on or before August 16, 1999. If the Respondents do not comply with this Order, a fine in the amount of $100.00 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. LIEN PENALTY CERTIFICATIONS th Case #98-2805 Willie & Eva M. Hollis 111 NW 6 Avenue Inspector Webb stated the property was originally cited on September 15, 1998. The case first came before the Board on April 21, 1999 and no one appeared. A compliance date of May 17, 1999 was set or be fined $150 per day and the property is not yet in compliance. Chairman DeLiso inquired if any work has been done and Inspector Webb stated one pallet of sod has been placed down. Motion Based on the testimony and evidence presented in Case No. 98-2805, 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 Willie and Eva M. Hollis have violated this Board’s prior Order of April 21, 1999, and this Board impose and certify a fine in the amount of $150 per day, plus 35 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JULY 21, 1999 administrative costs, which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Ms. Hammer. Mr. Foot noted that the case had been previously tabled and that the respondent was sick and still trying to care of the property. Mr. Webb stated that the property is owned by the brother and mother and the sister moved into the property to take care of the mother. The sister applied for assistance through the Community Improvement Office, but could not receive help because her name is not on the deed. Motion carried 7-0. th Case #98-3854 Blas H. Leandro 324 NW 7 Court Inspector Webb stated the property was originally cited on November 9, 1998 and first came before the Board on January 20, 1999. A compliance date of February 15, 1999 was set or be fined $25.00 per day. The property is not yet in compliance. Mr. Lambert inquired why the case had been previously tabled and Mr. Blasie stated the respondent was at the May 19, 1999 fine certification and questioned whether or not he was in compliance. At that time, the respondent was given 60 days to comply. Motion Based on the testimony and evidence presented in Case No. 98-3854, 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 Blas H. Leandro has violated this Board’s prior Order of January 20, 1999, and this Board impose and certify a fine in the amount of $25 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Miriani. Motion carried 7-0. Case #98-3953 Raimundo Carpio 60 S. Atlantic Drive Inspector Cain stated the property was originally cited on November 19, 1998 for violation of the Community Appearance Code and the property is not yet in compliance. Motion 36 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JULY 21, 1999 Based on the testimony and evidence presented in Case No. 98-3953, 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 Raimundo Carpio has violated this Board’s prior Order of May 19, 1999, and this Board impose and certify a fine in the amount of $25 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Foot. Motion carried 7-0. Case #99-676 Gertrude Dunbar 2451 N. Seacrest Blvd. Inspector Cain stated the property was originally cited on April 7, 1999 for violation of the Building Code and the property is not yet in compliance. Motion Based on the testimony and evidence presented in Case No. 98-676, 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 Gertrude Dunbar has violated this Board’s prior Order of May 19, 1999, and this Board impose and certify a fine in the amount of $25 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Foot. Motion carried 7-0. nd Case #99-710 Jesus & Carolyn Rodriguez 2320 NW 2 Street Inspector Cain stated the property was originally cited on April 8, 1999 for violation of unfit/unsecured building and trash and debris. The Parks Department has boarded the property up. Trash and debris still remains on the property and the property is not yet in compliance. Motion Based on the testimony and evidence presented in Case No. 99-710, 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 Jesus and Carolyn Rodriguez have violated this Board’s prior Order of 37 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JULY 21, 1999 May 19, 1999, and this Board impose and certify a fine in the amount of $25 per day, plus administrative costs, which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Miriani. Motion carried 7-0. th Case #98-1475 Joanne Falana-Bonimy 220 SW 20 Court Inspector Melillo stated the property was cited on April 6, 1998 for Community Appearance Code violations. No one appeared at the July 15, 1998 hearing and a compliance date of August 17, 1998 was set or be fined $25.00 per day. The property is not yet in compliance for 338 days of non-compliance. Motion Based on the testimony and evidence presented in Case No. 98-1475, 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 15, 1998, and this Board impose and certify a fine in the amount of $25 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Miriani. Vice Chair Frederick inquired why it took so long to certify the fine in this case. Inspector Melillo said that the respondent was referred to Ms. Sherrod’s Office for assistance, which accounted for the delay. The respondent was declined assistance. Motion carried 7-0. th Case #98-4078 McKinley & Darlene Wallace 10 NE 19 Avenue P.O. Box 11682 Riviera Beach, FL 33419 Inspector Melillo said the property was cited on November 30, 1998 for violation of the City’s Community Appearance Code. The sister of the respondent appeared at the May 19, 1999 hearing date and a compliance date of June 14, 1999 was set or be fined $25.00 per day. Inspector Melillo stated the order was split and the property complied 38 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JULY 21, 1999 late today with regard to the fence and obstruction of the trees for 37 days of non- compliance. Chairman DeLiso asked if Inspector Melillo had any contact with the respondent and he stated he had spoken with her. Inspector Melillo told the respondent it was important that she appear at tonight’s hearing and that she is a repeat offender. Inspector Melillo informed the Board that the case was a referral from HRS and that the rat situation has been corrected. Also, Inspector Melillo stated there is an old lien on the property dating back to 1996. Motion Based on the testimony and evidence presented in Case No. 98-4078, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondents, Wallace and Darlene McKinley, were in violation of Code Sections Chapter 15, Article IX-15-120 (D) Inc. and 120 (E) 2.A, 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 a fine in the amount of $555.00, plus administrative costs. Motion seconded by Mr. Miriani. Motion carried 7-0. Case #98-4081 Barry A. Taylor 1681 N. Seacrest Blvd. Inspector Melillo stated the property was cited on November 30, 1998 for violation of the Community Appearance Code. The respondent appeared at the May 19, 1999 hearing. A compliance date of June 14, 1999 was set or be fined $25.00 per day. The property is not yet in compliance. Inspector Melillo said this is a repeat offender and the Department gets many complaints because it is an eyesore. Motion Based on the testimony and evidence presented in Case No. 98-4081, 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 Barry A. Taylor has violated this Board’s prior Order of May 19, 1999, and this Board impose and certify a fine in the amount of $25 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Finkelstein. Motion carried 7-0. 39 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JULY 21, 1999 th Case #98-2837 Juanita W. Wright 416 NE 10 Avenue 30 Crossing Circle Apt. A Boynton Beach, FL 33435 Inspector Roy stated the property was originally cited on July 28, 1998 for unsafe building. The respondent appeared at the January 20, 1999 hearing. A compliance date of April 14, 1999 was set or be fined $25.00 per day. The property is not yet in compliance. Motion Based on the testimony and evidence presented in Case No. 98-2837, 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 Juanita W. Wright has violated this Board’s prior Order of January 20, 1999, and this Board impose and certify a fine in the amount of $25 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Miriani. Motion carried 7-0. It was noted that there were 98 days of non-compliance, not 463 as stated. th Case #98-3461 Patricia Bowen 175 SE 28 Avenue Inspector Roy stated the property was cited on September 28, 1998 for violation of the City’s Community Appearance Code. No one appeared at the May 19, 1999 hearing. A compliance date of June 14, 1999 was set or be fined $25.00 per day. The property complied on June 20, 1999 for 35 days of non-compliance. Inspector Roy said the property is now vacant. Motion Based on the testimony and evidence presented in Case No. 98-3461, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondent, Patricia Bowen, 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 a fine in the amount of $435.00, plus administrative costs. Motion seconded by Mr. Finkelstein. 40 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JULY 21, 1999 Motion carried 7-0. th Case #99-555 Claude François 229 SE 4 Avenue Inspector Barquin presented this case for Inspector Lewis and stated the property was originally cited on March 29, 1999for violation of the City’s Community Appearance Code. No one appeared at the May 19, 1999 hearing date. A compliance date of June 1, 1999 was set or be fined $25.00 per day. The property is not in compliance with regard to removal of the non-operable vehicles. The appearance code violations have complied. Motion Based on the testimony and evidence presented in Case No. 99-555, 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 Claude François has violated this Board’s prior Order of May 19, 1999, and this Board impose and certify a fine in the amount of $25 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Miriani. Motion carried 7-0. rd Case #99-192 Bosa Pavlovic 501 NE 3 Street 180 Lancaster Street W. Kitchener, ONT, CN N2H 4T8 Inspector Webb stated the property was originally cited on January 22, 1999 for violation of an occupational license required. The case first came before the Board on May 19, 1999 and no one appeared. A compliance date of June 1, 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. 99-192, 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 Bosa Pavlovic has violated this Board’s prior Order of May 19, 1999, and this Board impose and certify a fine in the amount of $25 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or 41 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JULY 21, 1999 until a judgment is entered based upon this certification of fine. Motion seconded by Vice Chair Frederick. Motion carried 7-0. th Case #99-343 J. & Deloris Bell 534 NW 5 Street 115 Pedee Circle Marion, SC 29571 Inspector Webb stated the property was originally cited on March 12, 1999 for violation of the Standard Building Code. The case came before the Board on May 19, 1999 and no one appeared. A compliance date of June 1, 1999 was set or be fined $25.00 per day. The property complied on June 22, 1999 for 20 days of non-compliance. The City recommends no fine as the respondent tried three times to contact the electrical inspector. Inspector Webb said he had to contact the electrical inspector on behalf of the respondent. Motion Based on the testimony and evidence presented in Case No. 99-343, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondents, J. and Deloris Bell, were in violation of Code Sections SBC ’94 Edition 105.6, 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. Foot. Motion carried 7-0. th Case #99-386 Ruby L. Allen 533 NW 10 Avenue 4536 Wokker Drive Lake Worth, FL 33467 Inspector Webb stated the property was originally cited on March 16, 1999 for violation of occupational license required. The case came before the Board on March 19, 1999 and no one appeared. A compliance date of June 1, 1999 was set or be fined $25 per day. The property is not yet in compliance and the respondent recently signed a contract to have the duplex redone. Motion 42 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JULY 21, 1999 Based on the testimony and evidence presented in Case No. 99-386, 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 Ruby L. Allen has violated this Board’s prior Order of May 19, 1999, and this Board impose and certify a fine in the amount of $25 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Foot. Mr. Foot inquired what the significance was that the respondent signed a contract and Inspector Webb said that the Board could also table the case again. Motion carried 7-0. th Case #99-536 Alton & Ruthie Banks 430 NW 5 Avenue Inspector Webb stated the property was originally cited on March 29, 1999 for violation of the Community Appearance Code. The case came before the Board on May 19, 1999 and no one appeared. A compliance date of June 14, 1999 was set or be fined $100.00 per day. The property complied on July 16, 1999 for 31 days of non- compliance. Inspector Webb recommended no fine as the respondent got sick which caused the delay. Motion Based on the testimony and evidence presented in Case No. 99-536, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondents, Alton and Ruthie Banks, 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. Finkelstein. Motion carried 7-0. th Case #99-614 Leugennie Rivers 515 NW 11 Avenue Inspector Webb stated the property was cited on March 30, 1999 for unfit/unsecured building. The case came before the Board on May 19, 1999 and no one appeared. A compliance date of June 1, 1999 was set or be fined $25.00 per day. The property complied on June 22, 1999 or 20 days of non-compliance. Inspector Webb said that 43 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JULY 21, 1999 doors and windows were replaced and at one point the house was going to be demolished, but thinks the respondent plans to fix up the property. Motion Based on the testimony and evidence presented in Case No. 99-614, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondent, Leugennie Rivers, was in violation of Code Sections PT3-LDR, Chapter 20-VIII, Section 1.G, 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. Finkelstein. Motion carried 7-0. th Case #99-760 R.B. & Ruby L. Laster 415 NW 9 Avenue Inspector Webb stated the property was originally cited on April 13, 1999 for violation of loose trash and debris. The case came before the Board on May 19, 1999 and no one appeared. A compliance date of June 6, 1999 was set or be fined $25.00 per day. The property is not yet in compliance for 45 days of non-compliance. Motion Based on the testimony and evidence presented in Case No. 99-760, 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 R.B. and Ruby L. Laster have violated this Board’s prior Order of May 19, 1999, and this Board impose and certify a fine in the amount of $25 per day, plus administrative costs, which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Miriani. Motion carried 7-0. Case #99-821 Courthouse Plaza 109 E. Boynton Beach Blvd. Inspector Webb stated the property was originally cited on April 16, 1999 for permit required. The case first came before the Board on June 16, 1999 and no one appeared. A compliance date of June 26, 1999 was set or be fined $25.00 per day. The property has not yet complied. 44 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JULY 21, 1999 Motion Based on the testimony and evidence presented in Case No. 99-821, 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 Courthouse Plaza has violated this Board’s prior Order of June 16, 1999, and this Board impose and certify a fine in the amount of $25 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Finkelstein. VII. ADJOURNMENT There being no further business, the meeting properly adjourned at 11:00 p.m. Respectfully submitted, ______________________________ Barbara M. Madden Recording Secretary (four tapes) 45