Loading...
Minutes 06-16-99 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, JUNE 16, 1999 at 7:00 P.M. PRESENT Christopher DeLiso, Chairman Nicholas Igwe, Assistant City Mark S. Frederick, Vice Chairman Attorney Patti Hammer Scott Blasie, Code Compliance Dick Lambert Administrator James Miriani Inspectors: Ralph Barquin Enrico Rossi Courtney Cain Larry Finkelstein, Alternate Skip Lewis Mike Melillo Pete Roy Willie Webb ABSENT Bob Foot I. CALL TO ORDER Chairman DeLiso called the meeting to order at 7:03 p.m. II. APPROVAL OF MINUTES OF MAY 19, 1999 MEETING Chairman DeLiso called for a motion to approve the minutes of the May 19, 1999 meeting. Motion Ms. Hammer moved that the minutes of the May 19, 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 said that the following cases should be deleted from the Agenda. There are no additions: MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1999 A. Page 3 (Case 99-775), Hair Noveau (complied) B. Page 6 (Case 99-407), Charles Clapper, Jr. (removed) C. Page 12 (Case 99-522), C. Maisonet and I. Perez (complied) D. Page 21 (Case 99-810), Victor & Margarita Fernandez (complied) E. Page 22 (Case 99-382), Francis & Frances Alfonso (removed) F. Page 24 (Case 99-388), Paul Crabtree (removed) G. Page 31 (Case 99-828), The Gap #355 (complied) H. Page 32 (Case 99-892), Nathaniel Robinson (complied) Chairman DeLiso called for a motion to approve the Agenda, as amended. Motion Mr. Lambert 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 please respond by raising their hand and stating “here”. IV. SWEARING IN OF WITNESSES AND INTRODUCTION Chairman DeLiso instructed the Recording Secretary to administer the oath to all persons who would be testifying this evening. V. NEW BUSINESS Chairman DeLiso explained the plea system to the audience and said that this Board follows Florida State Statutes and is a quasi-judicial board. A respondent is requested to take the podium and state his name and address for the record. A respondent can plead “no contest” or “not guilty”. 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, and the violation must be fixed within that time. If the violation is fixed, you will not have to come back before the Board. If a respondent pleads “not guilty” that means he does not feel that the violation exists on the property. Therefore 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. 2 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1999 CASES TO BE HEARD Case No. 99-784 Patricia & Jessie Jones, Sr. rd Property Address: 334 NE 23 Avenue Violations: Section 13-16 B.B.C. of Ord., occupational license required rd Mr. Jessie Jones of 334 NE 23 Avenue took the podium and pled no contest. Mr. Jones asked for 60 days since he has work to do on the property. Mr. Blasie stated that the City agreed to 30 days. Motion Based on testimony and evidence presented in Case No. 99-784, Vice Chair Frederick moved to find, as a matter of fact, and as a conclusion of law that Patricia A. and Jessie Jones, Sr. are in violation of Code Sections 13-16 of the B.B.C. of Ordinances. Vice Chair Frederick moved to order that the Respondents correct the violations on or before July 19, 1999. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day shall be imposed plus administrative costs. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Hammer. Motion carried 7-0. Mr. Blasie stated that the respondent had another case on the Agenda and requested that this case be heard next. Case No. 99-436 Jessie and Patricia Jones, Sr. rd Property Address: 334 NE 23 Avenue Violations: Chapter 15, Article IX-15-120 (D), Inc. and Section 10-2 of the B.B.C. of Ord.; de-weed driveway; remove vehicle or have it registered, remove trailer out of yard; remove all junk out of yard, overgrowth and/or debris. Inspector Cain stated that the property was cited on March 17, 1999 for Community Appearance Code through routine neighborhood inspection. Service was made by certified mail and the City recommends 60 days. 3 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1999 Vice Chair Frederick inquired if Section 10-2 has complied and Inspector Cain stated that it has. Inspector Cain stated that the junk and the vehicle still remain. Chairman DeLiso inquired if the respondent has ever appeared previously before the Code Compliance Board and was informed he has not. Motion Based on testimony and evidence presented in Case No. 99-436, Vice Chair Frederick moved to find, as a matter of fact, and as a conclusion of law that Patricia A. and Jessie Jones, Sr. are in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc. of City Code of Ordinances. Vice Chair Frederick moved to order that the Respondents correct the violations 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 shall be imposed plus administrative costs. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana. Motion carried 7-0. Case No. 98-4257 John A. Weiss and Mark Weiss 3817 Dove Run Road Plant City, Florida 33565 th Property Address: 306 SE 10 Avenue Violations: Chapter 15, Article IX-15-120 (E) 2, and 120 (D) 1, Inc.; Please remove the trailer from the swale area; then mow the overgrowth; house needs roof and fascia repaired; then it needs to be painted. Inspector Lewis stated that the case was originally cited on December 17, 1998. Mr. Mark Weiss took the podium and stated he was present this evening on behalf of his deceased father and pled no contest. Mr. Weiss said the property is currently being probated and he is awaiting receipt of the paperwork from the Court. Mr. Weiss said he needs a permit to perform the necessary work, but cannot get it in his name and has to wait for receipt of the proper papers. Chairman DeLiso asked Mr. Weiss if he planned to keep the property and Mr. Weiss said he plans on selling the property. Chairman DeLiso inquired how much time was 4 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1999 needed for the property to comply and Mr. Weiss asked through December. Chairman DeLiso requested to review the pictures of the property. Chairman DeLiso inquired why the respondent needed until December and Mr. Weiss said there are bills from his father passing away that must be taken care of and the property needs to be re-roofed. Motion Based on testimony and evidence presented in Case No. 98-4257, Vice Chair Frederick moved to find, as a matter of fact, and as a conclusion of law that John A. Weiss and Mark Weiss are in violation of Code Sections Chapter 15, Article IX-15-120 (E) 2 and 120 (D) 1, Inc. of City Code of Ordinances. Vice Chair Frederick moved to order that the Respondents correct the violations on or before December 13, 1999. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day shall be imposed plus administrative costs. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Hammer. Motion carried 7-0. Case No. 99-502 Roger Banks th Property Address: 220 SW 4 Avenue Violations: Chapter 15, Article IX-15-120 (D) 1, Inc.; Driveway needs to be repaired; clean up property of all trash and debris; plant grass in dead areas of the swale and yard west of driveway. Inspector Lewis stated that the property was originally cited on March 4, 1999 for violation of the City’s Community Appearance Code through an anonymous complaint. th Mr. Roger Banks of 220 SW 4 Avenue, Boynton Beach took the podium and stated the reason he has not repaired the driveway was because they were not sure if they were going to lose the house. However, his wife just obtained funds and they have received permits from the City. Mr. Banks asked for 90 days since they would like to extend the driveway on the dead grass area. Mr. Banks said the grass that is dead is due to the fact that he doesn’t have any water on that side of the property. Mr. Banks said he was advised that he would have to replace the driveway with the same material that currently exists. He wanted to lay concrete which would be cheaper, 5 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1999 but was told it had to be asphalt. Mr. Blasie said that was not the case and that he could put concrete on the driveway. Motion Based on testimony and evidence presented in Case No. 99-502, Vice Chair Frederick moved to find, as a matter of fact, and as a conclusion of law that Roger Banks is in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc. of City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before September 13, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day shall be imposed plus administrative costs. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Hammer. Motion carried 7-0. Case No. 99-969 Joseph Prevoy and Joseline Mesidor th Property Address: 246 SW 10 Avenue Violations: Chapter 15, Article IX-15-120 (D), Inc.; Please remove all unregistered and/or inoperable autos from the property. Inspector Lewis stated that the case was originally cited on April 27, 1999 and said there was only one vehicle left on the property. The respondent took the podium and said he cannot remove the vehicle because he doesn’t have any money for the insurance. The car is not registered and is inoperable. Chairman DeLiso inquired how the respondent pled and he stated no contest. There was difficulty in understanding the respondent and Chairman DeLiso asked Mr. Guy Estrella, who was in the audience, to interpret for the Board. Chairman DeLiso requested that Mr. Estrella explain to the respondent that he has an inoperable vehicle and how much time does he need to get the car registered. The respondent replied thirty days. Motion Based on testimony and evidence presented in Case No. 99-969, Vice Chair Frederick moved to find, as a matter of fact, and as a conclusion of law that Joseph Prevoy and Joseline Mesidor are in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc. of City Code of Ordinances. Vice Chair Frederick moved to order that the 6 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1999 Respondents correct the violations on or before July 19, 1999. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day shall be imposed plus administrative costs. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Hammer. Motion carried 7-0. Case No. 99-678 Caesar D. and Mary A. Smith th Property Address: 2720 NE 4 Street Violations: Chapter 15, Article IX-15-120 (E), 2A.; Please paint house and fascia to meet City code. th Ms. Mary Smith, 2720 NE 4 Street, Boynton Beach took the podium and pled no contest and asked for thirty days. Motion Based on testimony and evidence presented in Case No. 99-678, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that, Caesar D. and Mary A. Smith are in violation of Code Sections Chapter 15, Article IX-15-120 (E), 2A of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondents correct the violations on or before July 19, 1999. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day shall be imposed plus administrative costs. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriani. Motion carried 7-0. Ms. Smith inquired if the complaint resulted from her calling the City for a permit for sandblasting the house. Inspector Cain stated the property was cited through routine neighborhood inspection. Case No. 99-383 James E. and Eddie W. McGrady th Property Address: 309 NW 10 Avenue Violations: Chapter 15, Article IX-15-120 (D), Inc.; Sod required in all bare areas; remove unlicensed vehicle. 7 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1999 Inspector Webb stated that the property was originally cited on March 16, 1999 through th routine inspection. Mr. James McGrady of 309 NW 10 Avenue, Boynton Beach took the podium and pled not guilty. Inspector Webb stated that the property has complied on the sod. Mr. McGrady said that his brother owned the cars and won’t move them off the property. Chairman DeLiso informed Mr. McGrady of the consequences of the cars remaining on the property which would result in a fine running. Chairman DeLiso asked the respondent why he pled not guilty when the cars are in fact on the property. Mr. McGrady said he pled not guilty because the cars belonged to his brother. Mr. McGrady changed his plea to no contest and asked for thirty days. Motion Based on testimony and evidence presented in Case No. 99-383, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that James E. and Eddie W. McGrady are in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc. of City Code of Ordinances. Vice Chair Frederick moved to order that the Respondents correct the violations on or before July 19, 1999. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day shall be imposed plus administrative costs. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Hammer. Motion carried 7-0. Chairman DeLiso suggested that the respondent’s brother be notified in writing of the violation. Case No. 99-530 George Johnson th 219 NW 4 Avenue Boynton Beach, FL th Property Address: 501 NW 13 Avenue Violations: Chapter 15, Article IX-15-120 (D), 1A; Remove all loose trash and debris; Remove all unlicensed and inoperable vehicles from property. Mr. Webb stated that the property was originally cited on March 26, 1999 for violations of the City’s Community Appearance Code through a citizen’s complaint and service was by hand carry. 8 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1999 th Mr. George Johnson, 219 NW 4 Avenue, Boynton Beach took the podium and pled no contest. The respondent asked for 30 days. Motion Based on testimony and evidence presented in Case No. 99-530, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that George Johnson is in violation of Code Sections Chapter 15, Article IX-15-120 (D), 1A of City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before July 19, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day shall be imposed plus administrative costs. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Hammer. Motion carried 7-0. Case No. 99-696 Raymond Torres th Property Address: 110 NW 10 Avenue Violations: Section 10-2 B.B.C; Remove all loose trash and debris from property. Inspector Webb said that the property was originally cited on April 8, 1999 through a citizen’s complaint. Service was obtained by certified mail. Mr. Arthur Badaloo representing Mr. Torres took the podium and said he lives at 1625 County Fair Circle, Boynton Beach, Florida. Mr. Badaloo pled no contest and requested 60 days. Vice Chair Frederick questioned why 60 days was needed. Inspector Webb stated the respondent could correct the violations within 15 days. Motion Based on testimony and evidence presented in Case No. 99-696, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Raymond Torres is in violation of Code Sections 10-2 of City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before July 19, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day shall be imposed plus administrative costs. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriani. 9 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1999 VI. OLD BUSINESS A. LIEN PENALTY CERTIFICATIONS (Tabled) rd Case #98-2839 John T. Snow 115 SE 3 Avenue rd 125 SE 3 Avenue Boynton Beach, FL 33435 Inspector Lewis stated the violation date was July 28, 1998 for violation of the City’s Community Appearance Code. Inspector Lewis stated the respondent appeared at the November 18, 1998 hearing date and a fine and date was set for February 15, 1999 or $25.00 per day. Inspector Lewis said that the property is not yet in compliance for 121 days to date and was tabled at the fine certification. Inspector Lewis stated that the respondent has installed the grass, but there is one questionable section on the side of the house. Chairman DeLiso asked to look at the pictures of the property. rd Mr. John Snow of 125 SE 3 Avenue, Boynton Beach took the podium and pled no contest. The respondent said he thought he was in compliance until Inspector Lewis told him tonight that he was not in compliance. Chairman DeLiso explained to the respondent that the fine continues to run until he comes into compliance. Mr. Snow said he could have the property in compliance within a week. Vice Chair Frederick recommended that the respondent bring the property into compliance within one week and contact the City when the property has complied. This will be pointed out at next month’s meeting. Motion Mr. Lambert moved that Case No. 98-2839 be tabled until the Code Compliance Board Meeting to be held on July 19, 1999. Motion seconded by Mr. Rossi. Motion carried 7-0. th Case #98-2136 Biana H. Jones 221 NW 5 Court Inspector Webb stated that the property was cited for violations of the City’s Community Appearance Code. Inspector Webb stated the case first came before the Board on February 17, 1999 and a date and fine of March 15, 1999 or $25.00 per day was set. The property complied today (June 16, 1999). 10 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1999 th Ms. Biana Jones of 221 NW 5 Court took the podium and stated it took her 93 days to comply because she did not have enough money to fix the property. Ms. Jones said that her disabled son lives with her. th Chairman DeLiso asked the respondent why she did not appear at the February 17 hearing date and she stated she had the flu at that time. Chairman DeLiso inquired if the respondent's property has been previously cited and Inspector Webb stated it had been cited before. Inspector Webb stated that the property did not comply because the utility company left behind stumps upon completing some work in the area, and this was not the fault of the respondent. Mr. Lambert questioned why it took the respondent almost one year to remove the inoperable vehicles. Motion Based on the testimony and evidence presented in Case No. 98-2136, Vice Chair Frederick moved that this Board find, as a matter of fact, that the Respondent, Biana Jones, was 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 February 17, 1999. 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 no fine or administrative costs. Motion seconded by Ms. Hammer. Motion carried 6-1 ). (Mr. Lambert dissenting th Case #99-133 Linda Murphy-Torres 101 NE 27 Avenue Raymond Torres 5406 Blueberry Hill Avenue Lake Worth, FL 33463 Inspector Cain stated the property was originally cited on January 13, 1999 for occupational license required. At the Code Compliance Board hearing of April 21, 1999 a date and fine of May 17, 1999 or $25.00 per day was set. Inspector Cain stated no one appeared at the April 21, 1999 hearing and the property complied on May 28, 1999 or 10 days of non-compliance. Chairman DeLiso inquired if the property was rental property, which it was. Mr. Arthur Badaloo representing Mr. Torres took the podium and said he lives at 1625 County Fair Circle, Boynton Beach, Florida. Mr. Badaloo said he was managing the properties for Mr. Torres and the people who had been hired to fix the property completed all the work 11 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1999 except for two items. Mr. Torres has a very poor record with his rental units and has obtained his services to take care of the properties. Chairman DeLiso inquired if Mr. Torres has appeared before this Board previously and Inspector Cain stated he was a new landlord and has just moved into the area and has acquired a great deal of property. Motion Based on the testimony and evidence presented in Case No. 99-133, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondent, Linda Murphy- Torres and Raymond Torres were in violation of Code Sections 13-16 of the B.B.C., subsequent to the date of compliance specified in this Board’s Order of April 21, 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 total amount of $250.00. Motion seconded by Mr. Rossi. Motion carried 5-2 ). (Vice Chair Frederick and Ms. Hammer dissenting Chairman DeLiso informed Mr. Badaloo about the procedure for paying the fine. st Case #98-4129 Doug Bono 2021 NE 1 Way Inspector Melillo said the violation notice was dated December 4, 1998 for violation of the City’s Community Appearance Code and the Land Development Regulations. Inspector Melillo said the case came before the Board on February 17, 1999 and a compliance date of May 17, 1998 or $25.00 per day fine was set and the respondent did not appear. The property has not yet complied. st Mr. Doug Bono, 2021 NE 1 Way took the podium and said he is in the process of refinancing his house and he requested another 30 days for compliance. Mr. Bono said he was incarcerated for eight months and the property was an inheritance. The person staying on the property destroyed the property and when he came home from jail, he discovered all the code violations. Chairman DeLiso asked the respondent if the case was tabled for one month, could he bring the property into compliance and Mr. Bono said he could. Inspector Melillo said that the person who had been living on the property broke all the windows and threw all the contents of the house into the yard and totally destroyed the 12 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1999 inside of the house. Inspector Melillo said the respondent has been constantly working on the property and is about three-quarters completed. Motion Mr. Lambert moved that Case No. 98-4129 be tabled until the Code Compliance Board Meeting to be held on July 19, 1999. Motion seconded by Mr. Rossi. Motion carried 7-0. th Case #99-327 James & Sheila Madravazakis 128 NW 10 Ave. 2463 N. Wallen Drive Palm Beach Gardens, FL 33410 Mr. Blasie stated that the property complied on June 8, 1999 for 21 days of non- compliance. Mr. James Madravazakis, 2463 N. Wallen Drive, Palm Beach Gardens, Florida took the podium. He said that when he first appeared before the Board he asked for 30 days and then got sick with kidney stones. Mr. Madravazakis presented a letter from his physician regarding his health problems. Mr. Blasie said the property was originally cited as a result of the City’s Code th Enforcement Response Team sweep along NW 10 Avenue and Mr. Blasie said most of the violations were inside the property. Mr. Blasie said the respondent has worked with the City in correcting the violations and there were people living on the property that were renting out the bedrooms to other people and encountered problems in ridding the property of these people. Mr. Blasie said the property now looks good. Motion Based on the testimony and evidence presented in Case No. 99-327, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondents, James and Sheila Madravazakis were in violation of Code Sections SBC ’94 Ed, Section 3401.6, Chapter 20, Article VIII, Chapter 15 Article IX, Chapter 13, Article 1, Section 13-16, Chapter 10, Article 1 and Sections 10-2 and 10-3 subsequent to the date of compliance specified in this Board’s Order of April 21, 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. Motion seconded by Ms. Hammer. Motion carried 7-0. 13 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1999 th Case #99-330 James & Sheila Madravazakis 118 NW 10 Ave. 2463 N. Wallen Drive Palm Beach Gardens, FL 33410 Motion Based on the testimony and evidence presented in Case No. 99-330, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondents, James and Sheila Madravazakis were in violation of Code Sections SBC ’94 Ed, Section 3401.6, Chapter 20, Article VIII, Chapter 15 Article IX, Chapter 13, Article 1, Section 13-16, Chapter 10, Article 1 and Sections 10-2 and 10-3 subsequent to the date of compliance specified in this Board’s Order of April 21, 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. Motion seconded by Ms. Hammer. Motion carried 7-0. Case #98-3090 Joseph E. Higgins, Jr. 117 S. Seacrest Blvd. Inspector Lewis stated the property was cited on August 25, 1998 for violation of the Community Appearance Code. Inspector Lewis stated that the respondent appeared at the November 18, 1998 hearing and a compliance date and fine of February 15, 1999 or $25.00 per day was set and the property is not yet in compliance. Mr. Joe Higgins took the podium and said he is almost completed repairing the property and when he purchased the property it was in the process of being condemned. Mr. Higgins said he gutted the inside and it has been completely redone and he had to cut down all the nuisance trees. Mr. Higgins said since he last appeared before the Board he spent $2,000 on fencing and landscaping preparation. Mr. Higgins said the only remaining item is planting, landscape cloth, mulch, rock, etc. Inspector Lewis said the yard is totally bare and that the respondent plans on xeriscaping the property. Mr. Higgins said he couldn’t keep tools on his property as they are constantly being stolen. Mr. Higgins said he has placed landscape cloth in his front yard and plans on adding more trees. Mr. Blasie said the property must be landscaped according to the Appearance Code which states he cannot have more than 100 square feet of non-landscaped area. Mr. Blasie said the swale needs sod. Motion 14 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1999 Mr. Lambert moved that Case No. 98-3090 be tabled until the Code Compliance Board Meeting to be held on July 19, 1999. Motion seconded by Mr. Rossi. Vice Chair Frederick asked if 30 days was enough time. Mr. Lambert stated that the pictures indicated that the respondent has done a great deal of work to the property. Motion Mr. Lambert moved to amend his previous motion and that Case No. 98-3090 be tabled until the Code Compliance Board Meeting to be held on August 18, 1999. Motion seconded by Mr. Rossi. Motion carried 7-0. th Case No. 99-224 Our Future, Inc. 403 NE 11 Avenue st 517 SW 1 Avenue Ft. Lauderdale, FL 33301 Inspector Webb stated that the property was cited on January 27, 1999 for an unfit/unsecured building. The case first came before the Board on April 21, 1999 and no one appeared. A compliance date and fine of May 1, 1999 or $250.00 per day was set. The property complied today. st Mr. Glen Mead, President of Our Future, Inc., 517 SW 1 Avenue, Ft. Lauderdale took the podium. Mr. Mead stated the property is for sale. Mr. Mead said that anytime there have been problems with their property they have always corrected them. The property is vacant and is surrounded by large tracts of vacant land and has been subject to minor vandalism. The respondent said that before boarding up the property, they put deadbolts on. Mr. Mead said they did not receive the second notice of the violation since it had been posted on the property. Mr. Mead thought the property was in compliance with the deadbolts securing the property. The respondent stated that all the windows and doors have now been secured and asked for a certification of no fine. Inspector Webb said that some one had broken the deadbolt by breaking a window and was living in the property at night. Mr. Lambert asked when the plywood was placed on the property. Inspector Webb replied yesterday and said there were two broken windows at that time. Motion 15 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1999 Based on the testimony and evidence presented in Case No. 99-224, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondent, Our Future, Inc. was in violation of Code Sections PT3-LDR, Chapter 20, Article VIII, Section 1.G, subsequent to the date of compliance specified in this Board’s Order of April 21, 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 Ms. Hammer. Motion carried 7-0. th Case #99-292 Guy Estella 124 NW 10 Avenue th 212 SW 10 Avenue Boynton Beach, FL Mr. Blasie stated that the property was originally cited on March 10, 1999 as a result of the Code Compliance Response Team sweep. Mr. Blasie said that Mr. Estella appeared at the April 21, 1999 hearing and a compliance date and fine was set by the Board for May 17, 1999 or $200 per day. The property complied on June 2, 1999 or 15 days of non-compliance. Mr. Blasie said the property looks very good and that the respondent installed irrigation. th Mr. Guy Estella, 212 SW 10 Avenue, Boynton Beach took the podium and Chairman DeLiso asked him why it took 15 days of non-compliance. Mr. Estella said it was more work than he realized and when he asked for time he should have asked for more time. He said he worked everyday until 10 o’clock at night to bring the property into compliance. Motion Based on the testimony and evidence presented in Case No. 99-292, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondent, Guy Estella was in violation of Code Sections SBC ’94 Ed., Section 3401.6, Chapter 20, Article VIII, Chapter 15, Article IX, Chapter 13, Article 1, Section 13-16 and Chapter 10, Article 1, Sections 10-2 and 10-3 subsequent to the date of compliance specified in this Board’s Order of April 21, 1999. Mr. Lambert moved that this Board find that the Respondent failed to comply with this Board’s Order, and that this Board impose and certify no fine or administrative costs. Motion seconded by Mr. Rossi. Motion carried 7-0. th Case #99-298 Leon Jenkins/Abena Enterprises 134 NW 10 Ave. 16049 Rio Del Sol 16 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1999 Delray Beach, FL 33446 Mr. Blasie said the property was originally cited on March 9, 1999 for violation of the City’s Community Appearance Code and Building Code. The case first came before the Board on April 21, 1999 and the respondent appeared. A compliance date and fine of May 17, 1999 or $200 per day was set. Mr. Blasie wished to correct the record and stated the property complied on June 7, 1999 or 20 days of non-compliance. Mr. Blasie said Mr. Jenkins was late in complying because his property, which has a fence, abuts a City park. Mr. Jenkins said that people who park in the City’s Park run into his fence. Therefore, the Parks Department installed some posts filled with concrete to prevent people from running into the fence. The posts were not installed until after the compliance date. Mr. Leo Jenkins, 16049 Rio Del Sol, Delray Beach took the podium and repeated what Mr. Blasie had stated about the installation of the posts by the City. Mr. Jenkins said that as soon as this was done, he repaired the fence and called for an inspection. Motion Based on the testimony and evidence presented in Case No. 99-298, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondent, Leon Jenkins/Abena Enterprises was in violation of Code Sections SBC ’94 Ed., Section 3401.6, Chapter 20, Article VIII, Chapter 15, Article IX, Chapter 13, Article 1, Section 13-16 and Chapter 10, Article 1, Sections 10-2 and 10-3, subsequent to the date of compliance specified in this Board’s Order of April 21, 1999. Mr. Lambert moved that this Board find that the Respondent failed to comply with this Board’s Order, and that this Board impose and certify no fine or administrative costs. Motion seconded by Mr. Miriani. Motion carried 7-0. Case #99-341 Alpine Seven Company, Inc. 1112 N. Federal Hwy. Mr. Blasie said the property was originally cited on March 12, 1999 for violation of the Community Appearance Code. Mr. Powell appeared at the hearing and the only remaining violation is the vehicle. The other violations complied promptly. Mr. Lloyd Powell of 1112 N. Federal Highway, Boynton Beach took the podium. Mr. Powell said he has a vehicle, which is inoperable, unregistered and stored on the property in a locked compound. The vehicle is involved in a court case and he could not locate anyplace to store the vehicle at a reasonable cost. Mr. Powell asked if the 17 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1999 Board would extend his time beyond the original 30 days. Mr. Powell said his attorney is moving the case along as quickly as possible. Mr. Lambert explained that the Board had two choices. The Board could either certify the lien or table the case. Motion Mr. Lambert moved that Case No. 99-341 be tabled until the Code Compliance Board Meeting to be held on August 18, 1999 meeting. Motion seconded by Mr. Rossi. Motion carried 7-0. LIENREDUCTIONS Case #98-455 Teresa Mercado 3160 E. Atlantic Drive Mr. Blasie said the case was originally cited on February 10, 1998 for violation of the Community Appearance Code. Mr. Blasie stated that the case came before the Board on May 20, 1998 and service was by certified mail. No one appeared at the hearing. No one appeared at the September 16, 1998 fine certification hearing. On March 11, 1999, the respondent came to the Code Compliance Office and applied for a lien reduction. On March 15, 1999 there was still trash and debris in the backyard and the fascia on the house was rotted. Mr. Blasie wished to correct the record and stated the compliance date was October 8, 1998, which was 85 days of non-compliance, which came to $2,225.00. Mr. Blasie presented a photograph of the property as of today as well as photographs of the property in its prior condition. Mr. Blasie also said the respondent patched and seal- coated the driveway apron. Vice Chair Frederick noted this is the first time that the respondent has appeared before this Board. Mr. Juan Mercado, 3160 E. Atlantic Drive, Boynton Beach took the podium. He said the reason he never appeared before the Board previously was due to the fact that when he received the notices from the City, they stated if you have any questions, call Pedro Raga. Mr. Mercado said he telephoned Mr. Raga who gave him more time. Mr. Mercado said that Inspector Raga gave him six weeks to sod the right of way. Mr. Mercado said he redid the entire house and needed the right of way for the debris to be hauled away. Mr. Mercado said he never refused to do any of the work. All he needed was more time. Mr. Mercado said he has angina, diabetes and high blood pressure and 18 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1999 has a letter from his doctor stating that he can only work part time. He said he replaced the entire fascia and wants his property to look good. Chairman DeLiso requested that Mr. Mercado furnish a copy of the doctor’s letter to the Board and said that Inspector Raga should have been asked to be present this evening. Mr. Blasie said there is a note in the file that states Inspector Raga did postpone bringing the case before the Board. Motion Based on the testimony and evidence presented in Case No. 99-455, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondent, Teresa P. Mercado was in violation of Code Sections Chapter 15, Article IX-15, 120(D) 1A, 1.B and 1.D, subsequent to the date of compliance specified in this Board’s Order of May 20, 1998. Mr. Lambert moved that this Board find that the Respondent failed to comply with this Board’s Order, and that this Board impose and certify no fine or administrative costs. Motion seconded by Mr. Miriani. Motion carried 7-0. Chairman DeLiso informed Mr. Mercado that this is the Board’s recommendation to the City Commission and he should provide his doctor’s letter and prescriptions and it would be beneficial to bring updated photos of the property to apprise them of his hardship. LIEN PENALTY CERTIFICATION (Tabled) Case #98-3846 John & Shari Fitzpatrick 102 W. Ocean Drive th 103 SE. 5 Avenue Boynton Beach, FL Inspector Lewis stated that the property was cited on November 9, 1998 for 119 days of non-compliance. The property complied on June 15, 1999 for occupational license required. th Mr. John Fitzpatrick, 103 SE 5 Avenue, Boynton Beach took the podium. Chairman DeLiso inquired why it took the respondent 119 days to meet compliance. Mr. Fitzpatrick said that when he appeared at the April meeting he informed the Board that he was recently divorced and that two years ago he moved to Arkansas. Mr. Fitzpatrick said he did not become aware of the property’s non-compliance until he moved back to Boynton Beach. He said the letter had been sent to his post office box in Boynton Beach. Mr. Fitzpatrick said that the renters of the property did not take care of the 19 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1999 property as intended and also he was not aware that he needed an occupational license. Mr. Fitzpatrick stated he has now moved back to Boynton Beach and intends to keep the property up. He plans to have a well dug at the property, which is large corner lot, and that he had applied for the license. Mr. Finkelstein noted that when the respondent appeared before the Board in April he stated he was going to apply for the occupational license the next day and asked him if in fact he did. The respondent said he did not and that he applied approximately one week later. Motion Based on the testimony and evidence presented in Case No. 98-3846, Vice Chair Frederick moved that this Board find, as a matter of fact, that the Respondents, John and Shari Fitzpatrick were in violation of Code Sections Chapter 15, Article IX-15, 120(D) Inc., SBC ’94 Edition 104.1.1 and Section 13-16, subsequent to the date of compliance specified in this Board’s Order of January 20, 1999. Vice Chair Frederick 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 $250.00. Motion seconded by Ms. Hammer. Chairman DeLiso noted that Inspector Lewis said the respondent was cooperative. Chairman DeLiso asked why it took so long for the respondent to comply and Inspector Lewis said it took time to put the grass in and that he was not called back to make an inspection of the property. Chairman DeLiso did not feel a fine of $250.00 was justified. Motion carried 5-2 (Chairman DeLiso and Mr. Finkelstein dissenting). CHAIRMAN DE LISO CALLED FOR A RECESS AT 9:00 P.M. THE MEETING RECONVENED AT 9:10 P.M. A. CASES TO BE HEARD (Tabled) th Case #98-3509 Barbara Watson 141 SE 25 Ave. Inspector Roy stated that the City’s Community Improvement Department will be assisting Ms. Watson and requested the case be tabled for 60 days. 20 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1999 Motion Vice Chair Frederick moved that Case No. 98-3509 be tabled until August 18, 1999. Motion seconded by Mr. Finkelstein. Motion carried 7-0. B. CASES TO BE HEARD Case No. 99-616 Henry D. Roberson, Tr. th Property Address 235 NW 28 Avenue Violations: Chapter 15-Article IX-15-120 (B) 2, Inc., 120 (E), Inc. and 13-16 of the B.B.C. of Ord.; please install sod on all bare spots visible from road in yard and swale area; pick up litter; paint fascia boards and acquire an occupational rental license; define driveway. Inspector Barquin said the property was originally cited on March 29, 1999 through routine neighborhood inspection. Service was made by certified mail and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-616, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Henry D. Roberson, Tr. is in violation of Code Sections Chapter 15-Article IX-15-120 (B) 2, Inc., 120 (E), Inc. and 13-16 of the B.B.C. of Ord. Vice Chair Frederick moved to order that the Respondent correct the violations on or before July 19, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Lambert. Motion carried 7-0. Case No. 99-527 Fleurima Guillaume. st Property Address 1711 NE 1 Street 21 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1999 Violations: Chapter 15-Article IX-15-120 (D) Inc., Please remove all unregistered motor vehicles or register them; install grass in yard and swale where bare spots occur. Inspector Melillo stated the property was originally cited on March 26, 1999 for Community Appearance Code violations through routine neighborhood inspection and service was made by posting. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-527, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Fleurima Guillaume 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 violations on or before July 19, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriani. Motion carried 7-0. Case No. 99-529 Candace S. Bethea th Property Address 161 NE 17 Ct. Violations: Chapter 15-Article IX-15-120 (D) Inc., Please remove all loose trash and debris from yard, install grass to maintain a uniform green lawn and swale. Inspector Melillo stated the property was originally cited on March 26, 1999 through routine neighborhood inspection. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-529, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Candace S. Bethea 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 violations on or before July 19, 1999. If the Respondent does 22 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1999 not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriani. Motion carried 7-0. Case No. 99-184 Roger and Lisa L. Vojtasek th Property Address 161 NE 17 Ct. Violations: SBC ’94 Edition 104.1.1; please secure a permit for the roof and siding that needs to be replaced on the building. Inspector Lewis said that the case was originally cited on January 21, 1999 through routine neighborhood inspection and service was made by posting. The City recommends 60 days. Motion Based on the testimony and evidence presented in Case No. 99-184, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Roger D. and Lisa L. Vojtasek are in violation of Code Sections SBC ’94 ED 104.1.1 of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondents correct the violations 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 reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Hammer. Motion carried 7-0. Case No. 99-251 John and Patricia Virgil th Property Address 2880 NE 4 Street Violations: Chapter 15, Article IX-15-120 (D), INC., please install sod in swale area, resurface driveway, remove all trash and debris from yard. Inspector Cain stated the property was cited on January 29, 1999 and the City recommends 30 days. 23 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1999 Motion Based on the testimony and evidence presented in Case No. 99-251, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that John and Patricia Virgil are 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 Respondents correct the violations on or before July 19, 1999. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriani. Motion carried 7-0. Case No. 99-604 Paul J. Remy and Martha Albert Property Address 171 Ocean Avenue Violations: Chapter 15, Article IX-15-120 (D), INC.; please install sod in swale area; repair driveway apron. Inspector Cain said the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-604, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Paul J. Remy and Martha Albert are 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 Respondents correct the violations on or before July 19, 1999. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriani. Motion carried 7-0. Case No. 99-656 Albert St. Victor th Property Address 461 NE 26 Avenue Violations: Chapter 15, Article IX-15-120 (D), INC.; please install sod in yard and 24 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1999 swale wherever dead or bare spots occur. Inspector Cain stated that the property was cited on April 5, 1999 and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-656, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Albert St. Victor is in violation of Code Sections Chapter 15-Article IX-15-120 (D) 1.D, of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before July 19, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Hammer. Motion carried 7-0. Case No. 99-705 Mavis A. Myhand nd Property Address 2261 NW 2 Street Violations: Chapter 15, Article IX-15-120 (B) .1 and 120 (D), INC.; please sod yard and swale wherever dead or bare spots occur; remove vehicle from yard or have it registered with the State of Florida. Inspector Cain stated the property was originally cited on May 8, 1999 and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-705, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Mavis A. Myhand is in violation of Code Sections Chapter 15-Article IX-15-120 (B) .1 and 120 (D), Inc. of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before July 19, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for 25 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1999 reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriani. Motion carried 7-0. Case No. 99-709 Henry D. Roberson nd Property Address 2590 NW 2 Street Violations: Chapter 15, Article IX-15-120 (E) 2A, 120 (B) .1 and 120 (D) 1.D; please install sod in yard and swale area wherever dead or bare spots occur; paint fascia around top of house. Inspector Cain stated the property was originally cited on April 8, 1999. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-709, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Henry D. Roberson is in violation of Code Sections Chapter 15-Article IX-15-120 (E) 2A, 120 (B).1 and 120 (D) 1.D of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before July 19, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriani. Motion carried 7-0. Case No. 99-392 Lillie Mae Phillips, et al th Property Address 518 NW 10 Avenue Violations: Chapter 15, Article IX-15-120 (D) INC.; sod required in all bare areas of lawn; remove all inoperable or unlicensed vehicles. Inspector Webb said the property was originally cited on March 16, 1999 through routine neighborhood inspection. Service was made by certified mail and staff recommends 30 days. 26 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1999 Motion Based on the testimony and evidence presented in Case No. 99-392, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Lillie Mae Phillips, et al are 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 Respondents correct the violations on or before July 19, 1999. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Hammer. Motion carried 7-0. Case No. 99-397 Ruby L. Allen th Property Address 533 NW 10 Avenue Violations: Chapter 15, Article IX-15-120 (D) INC.; sod required in all bare areas of lawn;, remove all trash and debris from property. Inspector Webb stated the property was originally cited on March 16, 1999 through routine neighborhood inspection. Service was made by certified mail and staff recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-397, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Ruby L. Allen 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 violations on or before July 19, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Hammer. Motion carried 7-0. Case No. 99-672 Harvey Lang th Property Address 926 NE 7 Street Avenue 27 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1999 Violations: Section 15-16 B.B.C. of Ord., Section 1801.2.1.8, Swimming Pool Code; please install barrier around swimming pool; street number required on building Inspector Webb stated the property was cited through a citizen’s complaint and service was made by hand carry and staff recommends 15 days. Motion Based on the testimony and evidence presented in Case No. 99-672, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Harvey Lang is in violation of Code Section 15-16 B.B.C. of Ord. and Section1801.2.1.8 of the Swimming Pool Code of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before July 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 reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Hammer. Motion carried 7-0. Case No. 99-821 Courthouse Plaza Property Address 109 E. Boynton Beach Blvd. Violations: SBC ’94 Edition 104.1.1 and 105.6; please pick up electrical permit for relocated cooler and call for inspection, see copy of “red tag” dated March 3, 1999. Inspector Webb stated the case was referred as a red tag from the Building Department. Service was obtained by certified mail and staff recommends 10 days. Motion Based on the testimony and evidence presented in Case No. 99-821, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Courthouse Plaza is in violation of Code Sections SBC ’94 104.1.1 and 105.6 of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct 28 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1999 the violations on or before June 26, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Hammer. Motion carried 7-0. Case No. 99-422 NationsBank Property Address 4793 N. Congress Avenue Violations: Section 13-16 of the B.B.C. of ORD; Occupational License Required. Inspector Roy stated the property was originally cited on March 16, 1999 and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-422, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Nation’s Bank is in violation of Code Sections 13-16 of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before July 19, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Finkelstein. Motion carried 7-0. VI. OLD BUSINESS A. LIEN PENALTY CERTIFICATIONS (Tabled) th Case #98-2905 Essie Mays 112 NW 10 Avenue th 114 NW 10 Avenue Boynton Beach, FL 33435 Inspector Cain said the property was cited on August 4, 1998 for violation of the City’s Community Appearance Code and the Land Development Regulations. The case was first heard on January 20, 1999 and a compliance date of February 4, 1999 or fine of $50.00 per day was set. The property is not yet in compliance. 29 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1999 Motion Based on the testimony and evidence presented in Case No. 98-2905, 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 Essie Mays has violated this Board’s prior Order of January 20, 1999, and this Board impose and certify a fine in the amount of $50.00 per day, plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Rossi. Motion carried 7-0. Chairman DeLiso asked Inspector Cain if he has had any contact with the respondent and he stated he has not and the property is currently occupied as rental units. Inspector Cain said the respondent appeared at the April 21, 1999 hearing, which was th part of the City sweep of NW 10 Avenue. rd Case #98-3222 Christopher Nelson 421 NW 3 Street Inspector Cain stated the property was originally cited on October 21, 1998 for violation of the City’s Community Appearance Code. At the Code Compliance Hearing of December 16, 1998 a compliance date of April 16, 1999 or fine of $25.00 per day was set. The Respondent appeared at the April hearing and the property is not yet in compliance. Motion Based on the testimony and evidence presented in Case No. 98-3222, 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 Christopher Nelson has violated this Board’s prior Order of December 16, 1998, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Rossi. Motion carried 7-0. B. LIEN PENALTY CERTIFICATIONS 30 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1999 st Case #98-4044 Sherleen Riley 1390 NW 1 Court Inspector Melillo said that the property was cited on November 24, 1998 for violation of the City's Community Appearance Code. At the Code Compliance Hearing held on January 20, 1999 the respondent appeared and a date and fine of March 17, 1999 or $25.00 per day was set. The property still has not complied. Motion Based on the testimony and evidence presented in Case No. 98-4044, 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 Sherleen Riley has violated this Board’s prior Order of January 20, 1999, and this Board impose and certify a fine in the amount of $25.00 per day 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. nd Case #99-88 Pablo M. Rogelio & 2112 NE 2 Court Estela Mateo Pascual Inspector Melillo stated the notice of violation was January 11, 1999 for violation of the City’s Community Appearance Code and Land Development Regulations. At the Code Compliance Hearing of April 21, 1999 no one appeared and a compliance date and fine of May 17, 1999 or $25.00 per day was set. Motion Based on the testimony and evidence presented in Case No. 99-88, 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 Pablo M. Rogelio and Estela Mateo Pascual have violated this Board’s prior Order of April 21, 1999, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Finkelstein. Motion carried 7-0. Case #99-146 Crown Realty 1000 W. Industrial Ave. 4770 NW Boca Raton Blvd. 31 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1999 Boca Raton, FL 33481 Inspector Roy stated the property was cited on January 14, 1999. At the hearing date of April 21, 1999 no one appeared and a compliance date and fine of May 17, 1999 or $25.00 per day was set. The property is not yet in compliance. Motion Based on the testimony and evidence presented in Case No. 99-146, 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 Crown Realty has violated this Board’s prior Order of April 21, 1999, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Finkelstein. Motion carried 7-0. nd Case #99-242 Iluminada Morse 3613 SE 2 Court 6120 Forest Hill Blvd., #201 West Palm Beach, FL 33415 Inspector Roy stated that the property was cited on January 28, 1999 for violations of the Community Appearance Code and Unsecured Building. No one appeared at the April 21, 1999 hearing and a compliance date and fine of May 1, 1999 or $200.00 per day was set. The property is not yet in compliance. Motion Based on the testimony and evidence presented in Case No. 99-242, 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 Iluminada Morse has violated this Board’s prior Order of April 21, 1999, and this Board impose and certify a fine in the amount of $200.00 per day, plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Ms. Hammer Motion carried 7-0. 32 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1999 rd Case #98-1582 Jo A. and Tammy Augsback 815 SE 3 St. 216 South K Street Lake Worth, FL 33460 Inspector Lewis stated the violation date was April 10, 1998 for violation of the City’s Community Appearance Code. At the August 19, 1998 hearing, a compliance date and fine of May 15, 1998 or $25.00 per day was set. The respondent did appear. The property is not yet in compliance. Inspector Lewis said that the property is up for sale and the respondent has telephoned on several occasions requesting an extension and Inspector Lewis said he could not grant her an extension, but he could request the Board to table the case if they wished. Motion Based on the testimony and evidence presented in Case No. 98-1582, 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 Jo A. and Tammy Augsback have violated this Board’s prior Order of August 19, 1998 and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Rossi. Motion carried 7-0. Case #99-81 Jerry and Elaine Hyman 2010 SW Golf Lane P.O. Box 2442 Banner Elk, NC 28604 Inspector Lewis stated the property was cited January 11, 1999 for violation of the Community Appearance Code and Occupational License required. No one appeared at the April 21, 1999 hearing and a fine and date of May 17, 1999 or $25.00 per day was set. The property is not yet in compliance and Inspector Lewis said he spoke with the tenants who said the owner plans to do nothing. Motion Based on the testimony and evidence presented in Case No. 99-81, 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 Jerry and Elaine Hyman have violated this Board’s prior Order of April 33 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1999 21, 1999 and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Vice Chair Frederick. Motion carried 7-0. nd Case #98-1639 Perry & Patricia Patterson 518 NW 2 St. 5332 Palm Ridge Blvd. Delray Beach, FL 33484 Inspector Webb stated the property was cited on April 14, 1998 for violations of the Community Appearance Code. At the hearing date of April 21, 1999 a compliance date and fine was set for May 17, 1999 or $25.00 per day. The respondent appeared at the hearing and the property is not yet in compliance. Motion Based on the testimony and evidence presented in Case No. 98-1639, 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 Perry and Patricia Patterson have violated this Board’s prior Order of April 21, 1999 and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Miriani. Motion carried 7-0. th Case #98-2805 Willie & Eva M. Hollis 111 NW 6 Avenue Inspector Webb stated the property was cited on September 15, 1998 for violation of the Community Appearance Code. The case came before the Board on April 21, 1999 and no one appeared. A compliance date and fine was set for May 17, 1999 or $150.00 per day. The property is not yet in compliance. Inspector Webb told the Board that he went to the respondent’s house and Mrs. Hollis is sick and is still trying to take care of the property. The respondent asked if the case could be tabled. Motion 34 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1999 Mr. Lambert moved that Case No. 98-2805 be tabled until the Code Compliance Board Meeting to be held on July 21, 1999. Motion seconded by Mr. Finkelstein. Motion carried 7-0. Case #98-3170 James Johnson, Jr. 913 N. Seacrest Blvd. Inspector Webb stated the property was cited on September 1, 1998 and first came before the Board on February 17, 1999 and the respondent appeared. A compliance date and fine of May 17, 1999 or $25.00 per day was set. The property complied today and there were 30 days of non-compliance. Mr. Lambert asked what the City would recommend in this case and Inspector Webb recommended no fine. Motion Based on the testimony and evidence presented in Case No. 98-3170, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondent, James Johnson, Jr., was in violation of Code Sections No. Chapter 15-Article IX-15-120 (D), Inc., PT3- LDR, Chapter 2, Section 5.G.1, PT3-LDR, Chapter 20, VIII, Section 2.A, Inc., Section 10-2 and Section 10-3 subsequent to the date of compliance specified in this Board’s Order of February 17, 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. Motion carried 7-0. th Case #99-291 Essie M. Mays 112 NW 10 Avenue Inspector Webb stated the property was cited March 10, 1999. The case came before the Board on April 21, 1999 and the respondent did appear. A compliance date and fine of May 17, 1999 or $200 per day was set. The property is not yet in compliance. Motion Based on the testimony and evidence presented in Case No. 99-291, 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 Essie M. Mays has violated this Board’s prior Order of April 21, 1999 and this Board impose and certify a fine in the amount of $200.00 per day plus administrative costs, which shall continue to accrue until the Respondents come into 35 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1999 compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Ms. Hammer. Motion carried 7-0. VII. OTHER BUSINESS A. AUTHORIZATION TO FORECLOSE Case No. 98-3280 Nathaniel Alexander Case No. 98-291 Mary Jane Williams Case No. 98-1897 Ernestine Bush Case No. 98-792 Lillian Mayhew, Sr. Case No. 98-2375 Johnnie Grimes Case No. 98-123 Thomas and Kathrine Brophy Case No. 98-2776 VA Property Management Case No. 98-1679 James Mathis Case No. 98-2312 Thomas Dean Motion Mr. Lambert moved that the cases listed on tonight’s Agenda be forwarded to the City Attorney’s Office for foreclosure. Motion seconded by Ms. Hammer. Motion unanimously carried. LIEN REDUCTION HEARING th Case #98-3960 Patricia E. Dupras 1205 NW 13 Avenue Inspector Roy requested that this case be tabled until the next meeting (Pages 57 and 58). Motion Vice Chair Frederick moved that Case No. 98-3960 be tabled until the Code Compliance Board Meeting to be held on July 21, 1999. Motion seconded by Ms. Hammer. Motion carried 7-0. 36 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1999 VIII. ADJOURNMENT There being no further business, the meeting properly adjourned at 9:45 p.m. Respectfully submitted, ___________________________________ Barbara M. Madden Recording Secretary (three tapes) 37