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Minutes 10-20-99 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, OCTOBER 20, 1999 at 7:00 P.M. PRESENT Christopher DeLiso, Chairman Nicholas Igwe, Assistant City Bob Foot Attorney Patti Hammer, Vice Chair Scott Blasie, Code Compliance Dick Lambert Administrator Aaron Rinker Inspectors: Ralph Barquin Enrico Rossi Courtney Cain Sarah Williams, Voting Alternate Luney Guillaume Skip Lewis Pete Roy Willie Webb ABSENT James Miriani I. CALL TO ORDER Chairman DeLiso called the meeting to order at 7:06 p.m. II. APPROVAL OF MINUTES OF AUGUST 18, 1999 MEETING Chairman DeLiso called for a motion to approve the minutes of the August 18, 1999 meeting. Motion Mr. Lambert moved that the minutes of the August 18, 1999 meeting be approved. Motion seconded by Mr. Foot. Motion carried 7-0. III. APPROVAL OF THE AGENDA Chairman DeLiso asked Mr. Blasie if there were any additions or deletions to the Agenda. Mr. Blasie requested to add “Item for Discussion” at the end of the Agenda as follows: “Agenda preparation and availability to the Board”. Mr. Blasie stated that there were no additions to the Agenda. MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 Mr. Blasie said that the following cases should be deleted from the Agenda. A. Page 4 (Case 99-2592), Yves Hubert (deleted) B. Page 13 (Case 99-1870), Sec. of HUD (deleted) C. Page 29 (Case 99-2067), Abraham Cowrie (deleted) D. Page 51 (Case 99-976), Marie & J. Marc Calixte (deleted) E. Page 55 (Case 99-999), Sec. of HUD (deleted) F. Page 61 (Case 99-2166), FFCA/HP 1989 Property Co. (deleted) Chairman DeLiso asked if any Board member wished to add any item to the Agenda. ? Mr. Foot requested that under Items for Discussion an item be added “asking the City Commission for a provision that would allow implementation by this Board to assess higher fine limits that have been enacted by the Legislature. ? Ms. Hammer requested that under Items for Discussion the issue of “Staying late” be added. Ms. Hammer does not feel that the Board should have to stay beyond 10:30 p.m. Ms. Hammer would like to either suggest holding two meetings per month or any other alternatives that any Board member may have. ? Chairman DeLiso requested the addition of the election of a Vice President. Chairman DeLiso welcomed new Board member, Aaron Rinker. Mr. Blasie introduced the newest Code Inspector, Luney Guillaume. Inspector Guillaume speaks fluent Creole, Spanish and English and will be an asset to the Department. Mr. Blasie introduced Mr. Don Johnson, the City’s Building Official and Mr. Mike Haag, Building Code Permit Administrator 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. 2 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 ELECTION OF VICE CHAIRMAN Motion Mr. Lambert moved to elect Ms. Patti Hammer as Vice Chairperson of the Board. Motion seconded by Mr. Rossi, which carried unanimously. 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 “present”. IV. SWEARING IN OF WITNESSES AND INTRODUCTION Chairman DeLiso instructed the Recording Secretary to administer the oath to all persons who would be testifying this evening. V. NEW BUSINESS Chairman DeLiso stated that this Board follows Florida State Statute 162 and is a quasi-judicial Board. When a respondent takes the podium he should state his name and address for the record and plead “not guilty” if he feels that the violation on the property does not exist. In that case, the City would put on their case and the respondent will present his case. The Board would then determine if a violation exists. A reasonable amount of time will be given if you are found guilty to bring the property into compliance. If not guilty, the case would be dismissed. If you feel that the violation does exist, but you need more time to bring the property into compliance, you can plead “no contest” and request a reasonable amount of time. Usually the Board will grant the requested amount of time. When the violation has been corrected within the allotted amount of time, a respondent will not need to appear before this Board again. However, if the violation is not corrected, a fine will begin to accrue and the respondent will have to re-appear before this Board. A. CASES TO BE HEARD (tabled) Case No. 99-1157 Riverwalk Plaza Joint Venture Property Address: 1608 S. Federal Hwy. Violations: SBC ’94 105.4 and 104.6.1; Permit #96-4225 – See red tag dated 5/19/99 and Punchlist. 3 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 Inspector Pete Roy took the podium and stated the case was originally cited on June 23, 1999 and was a referral from the Development Department. The violation was a punchlist with approximately 20 items that needed to be fulfilled and never were. The case was tabled two months ago to allow for the City’s Building Official to be present tonight. Inspector Roy stated that the landscaping is almost completed. The City recommends 30 days. Mr. Robert Levy, Riverwalk Plaza, 1608 Federal Highway took the podium and pled no contest. The respondent requested 60 days to complete the punchlist. Chairman DeLiso asked Mr. Johnson if the City would agree to 60 days and Mr. Johnson stated the City is recommending 30 days. Assistant City Attorney Igwe asked the respondent if the fence has been constructed and Mr. Levy replied it has not. Mr. Johnson stated the fence could be put up in 30 days. Vice Chair Hammer inquired why the respondent needed 60 days and Mr. Levy stated they were posting a surety bond for the fence, since they are not planning to build the fence right now. The respondent stated they submitted plans for the awnings, but because they were not engineering plans, the City would not accept them. The plans will be resubmitted shortly. Also, a contractor has been hired to build the dumpsters and will be starting next week. Mr. Levy said that he was under the impression that if this were accepted tonight, they would put up the surety for the wall. Mr. Don Johnson, the City Building Official, took the podium noted this case has a long history and entered into evidence correspondence with Mr. Michael Carey, the project manager for Riverwalk Plaza Joint Venture, copies of which were distributed to each Board member for their review. Mr. Johnson said the correspondence dates back to 1998. Many permits for interior completions did go through, such as Winn-Dixie and the City worked diligently with the developers to get C.O.s on certain building and temporary C.O.s were offered to Winn-Dixie. Winn-Dixie would not accept a temporary C.O. and would only accept a full C.O. Mr. Johnson asked the Board to refer to a letter dated May 22, 1998 to Mr. Michael Haag from Michael Carey that stated Riverwalk Plaza Joint Venture agrees that it will complete all site work items required by the City of Boynton Beach within 30 days. On July 31, 1998 the last building in the project was issued a temporary C.O., which is normally good for 30 days. The City has granted one or more extensions of temporary C.O.’s if the applicant shows good faith in moving forward to complete the project. They were offered the opportunity to post a cash surety for all the remaining site work in the amount of 110% and the full C.O. would be issued to Walgreens. Walgreens had nothing to do with the site issues and it was all the responsibility of the Riverwalk Plaza 4 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 Joint Venture. The respondent was issued one more extension and the site work was still not completed. Mr. Johnson referred the matter to the legal department. After speaking with Attorneys Igwe and Cherof, they suggested the matter be referred to the Code Compliance Board. Sixty days is too long and a cash surety for the wall, awnings, dumpster, and other items could be put up so that the full C.O. could be issued to Walgreens. Chairman DeLiso inquired why the Planning and Development Board denied the variance? Mr. Johnson was not aware of this. Mr. Haag, Deputy Building Official took the podium and stated when the issue came before the City Commission, the applicant did not appear and was withdrawn from the agenda. Mr. Levy said that almost all the landscaping has been done, but there is a problem with the irrigation system. Mr. Foot asked to see a copy of the punchlist. Copies were not available for the Board. Mr. Levy said there was approximately 20 items on the punchlist, three-quarters of which pertain to landscaping, which has been replaced. With regard to the variance of the wall, Mr. Levy said there was a date discrepancy on the meeting date and they missed the meeting. There is a difference of opinion as to whether or not the awnings are required. Mr. Levy said the reason it has taken so long is there are a great many issues that had to be resolved. He said they are not neglecting the project as they have a major investment in it. Chairman DeLiso restated that the City has worked diligently with the respondent and feels the respondent should be able to complete the remaining items within 30 days. Mr. Levy did not think they could get all the work done in 30 days because of all the permits that would be required. Chairman DeLiso said that this case has been pending for two months and the respondent knew what needed to be done. st Mr. Lambert asked if December 1 would be agreeable to the City. Mr. Johnson said they would agree to this, but noted some of the items will take time. He noted that the respondent has been offered the opportunity to post a cash surety that would be put into an escrow account. When the work is completed and the project passes all inspections, the full C.O. can be issued to Walgreens; the bond could then be released. Therefore, if the respondent needed six months, he could take that much time. Mr. Johnson said he could issue a full C.O. if he received the cash surety. Mr. Johnson noted further that the respondent has had over three years to make changes and revisions and the City has given them a tremendous amount of time. 5 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 Inspector Roy said that the awnings were a separate case and would be heard as a fine certification. Motion Based on the testimony and evidence presented in Case No. 99-1157, Mr. Lambert 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 ED 104.6.1 of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before December 1, 1999. If the Respondent does not comply with this Order, a fine in the amount of $250.00 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. Assistant City Attorney Igwe suggested that Mr. Lambert amend his motion to include posting of the cash bond. Mr. Foot inquired if the case would be coming back to this Board. Mr. Rossi said the developer has the option at any time to deliver the bond if he cannot comply within the 40 days for compliance. Mr. Johnson said that when the respondent posts the bond, he would request that the respondent state how many days it will take to complete the project and this would be stated on the surety. If they haven’t completed the project, Mr. Johnson would call in contractors to complete it. After discussion, it was determined to leave the motion as is. Motion carried 7-0. CERTIFICATION OF FINE Case #99-1084 Riverwalk Plaza Joint Venture 1608 S. Federal Hwy. Inspector Roy stated the property was originally cited on May 12, 1999 for violation of the Standard Building Code and first came before the Board on July 21, 1999 and no one appeared. A compliance date of August 2, 1999 was set or be fined $25.00 per day. The property is not yet in compliance. Inspector Roy stated this case dealt with the awnings. 6 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 Mr. Don Johnson, Building Official took the podium and stated the applicant filed a permit for the awning, but did not secure the awning, which was part of the site permit approved by the Commission. Mr. Levy said that the respondent met with Mr. Rumpf on this issue and is resubmitting the changes to the awnings. The respondent intends to comply with the awnings. The respondent feels the awnings should be voluntary as to elevation and look of the buildings. Chairman DeLiso inquired if the respondent will be putting the awnings up? Mr. Levy said they will be putting up a revised version of the awnings. Mr. Lambert explained that this case is different from the first case. This Board now has two choices. The Board can table the case or certify the lien. If the lien is certified, a fine goes on the property. Mr. Lambert asked why the awnings have not been settled in the two months that the case has been tabled. Mr. Levy said they did submit plans to the City, but they were not engineering plans. They are being revised for resubmission. Mr. Blasie said there was a meeting with Mr. Levy, together with Mr. Rumpf and Mr. st Johnson on September 1. At that meeting the respondent was given the option to make the application with the Planning Department and to post surety for the wall. The st respondent has had since September 1 to post the surety and that would have satisfied the City. Mr. Blasie said it is not a matter of getting the revised awnings approved and constructed, but the respondent could have posted the surety to satisfy the City at that point. Mr. Foot noted that there is a $25 per day fine accruing and he would like to suggest tabling the case and noted the fine keeps running. Motion Mr. Foot moved that Case No. 99-1084 be tabled until the Code Compliance Board Meeting to be held on December 15, 1999. Mr. Johnson pointed out that the site plan that was approved by the Commission shows the elevations of the awnings. The plan does not have all the engineering details that are required by code. The respondent has to get a separate permit for the awnings. The respondent did not follow through to secure the permit. One hundred and eighty days lapsed and when they finally picked up their comments, the contractor did not come back to address the comments. He further noted that the respondent has had three years to make any revisions or changes to the awnings and it is not happening. Motion seconded by Mr. Lambert. 7 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 Motion denied 4-3 . (Chairman DeLiso, Mr. Rinker, Vice Chair Hammer and Mr. Rossi dissenting) Motion Based on the testimony and evidence presented in Case No. 99-1084, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Vice Chair Hammer moved that this Board find that Riverwalk Plaza Joint Venture has violated this Board’s prior Order of July 21, 1999, and this Board impose and certify a fine in the amount of $25.00 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Rossi. Motion carried 5-2. (Mr. Foot and Ms. Williams dissenting) B. CASES TO BE HEARD Case #99-1618 Joseph B. and Marie Estella Property Address: 128 S. Atlantic Drive W. Description: Chapter 15, Article IX-15-120 (B) and 120 (D), Inc., 10-52, and 10-52 (A) B.B.C. of Ord. Sections 13-16 and 15- 16 of the B.B.C. of Ord; Appearance- maintenance private property; inoperable vehicle, abandoned vehicle and parts thereof; occupational license required; mandatory building street numbers. Inspector Barquin stated the property was originally cited on June 30, 1999 through routine neighborhood inspection. Service was obtained by hand carry and the City recommends 30 days. The respondent was present and took the podium. Inspector Barquin presented photographs of the property and Mr. Estella stated it was his property. The Recording Secretary administered the oath to the respondent. He stated his name was Joseph Estella and resides at 128 S. Atlantic Dr. W. The respondent pled no contest and asked for 30 days. 8 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 Motion Based on the testimony and evidence presented in Case No. 99-1618, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Joseph B. and Marie Estella are in violation of Code Sections Chapter 15, Article IX-15-10 (D), Inc., 10-52, and 10-52 (A) B.B.C. of Ord. Sections 13-16 and 15-16 of the B.B.C. of Ordinances. Mr. Lambert moved to order that the Respondents correct the violations on or before November 16, 1999. If the Respondents do not comply with this Order, a fine in the amount of $25.00, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Hammer. Motion carried 7-0. Case #99-0592 Blas H. Leandro th Property Address: 324 NW 7 Court Description: Section 13-16 B.B.C. of Ord; Business requires an occupational license. Inspector Webb said the property was originally cited on March 30, 1999. The case was referred from the Occupational License Department and service was obtained by hand carry. The Recording Secretary administered the oath to the respondent. th Blas H. Leandro, 324 NW 7 Court took the podium and Inspector Barquin acted as an interpreter because the respondent only spoke Spanish. Inspector Webb said the respondent is running a tow company from his property without an occupational license. The respondent presented a receipt for an occupational license for 1998-1999 that he applied for. The respondent does not understand why the City is citing him. Inspector Barquin indicated that the occupational license had expired. Mr. Blasie pointed out that the respondent only presented a receipt, not a license. Since the case was referred to the Code Compliance Department, he obviously did not get the license. A receipt does not mean the respondent received a license. The respondent stated that there was a complaint and because of this he was not granted a license. Chairman DeLiso stated the respondent must cease running the towing business from the property. Attorney Igwe requested that Inspector Barquin explain the violation to the respondent and what he must do to comply. 9 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 Mr. Blasie said the respondent could not get a tow license because it requires an environmental review and also it is on residential property and wouldn’t be approved in any event. Even though he paid the fee, he never received or passed his environmental review and therefore has no license. Inspector Barquin said the respondent understands that he cannot operate a tow company from his house and he would like 30 days to find an alternate site. He pled no contest. Motion Based on the testimony and evidence presented in Case No. 99-0592, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Blas H. Leandro is in violation of Code Section 13-16 of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before November 16, 1999. If the Respondent does not comply with this Order, a fine in the amount of $50.00, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Rossi. Motion carried 7-0. Case #99-0035 Dorothy Julia Moore th Property Address: 179 SE 27 Avenue Description: Chapter 15, Article IX-15-120 (D) 1, Inc., please remove all weeds, re- seed or sod areas void of grass; maintain yard weed free. Inspector Roy stated the property was originally cited on January 6, 1999 through routine neighborhood inspection and service was made by hand carry. th Dorothy Julia Moore, 179 SE 27 Avenue took the podium and pled no contest. The respondent requested 45 to 60 days. Chairman DeLiso asked if the respondent would be putting in an irrigation system and she replied she had one, but it was currently broken. The respondent plans to repair the system. Motion Based on the testimony and evidence presented in Case No. 99-0035, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Dorothy 10 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 Julia Moore is in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1, Inc. of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before December 14, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Hammer. Motion carried 7-0. Case #99-1910 Briseus Luce st Property Address: 104 SE 31 Avenue Description: Sections 10-2 and 10-3 B.B.C. of Ord., Remove all loose articles from rear of house and dispose of or store in a garage. Inspector Roy stated the property was originally cited on August 3, 1999 through a complaint from a neighbor. Service was made by certified mail. st Briseus Luce, 104 SE 31 Avenue took the podium and pled no contest. The respondent asked for 30 days for compliance. Motion Based on the testimony and evidence presented in Case No. 99-1910, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Briseus Luce is in violation of Code Sections 10-2 and 10-3 of the B.B.C. of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before November 16, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Hammer. Motion carried 7-0. Case #99-0501 G. and Emily H. Caliendo st Property Address: 916 SE 1 Street Description: Chapter 15, Article IX-15-120 (E) 2 and 120 (D) 1, Inc.; Please repair or replace wood fencing; overgrown property needs to be mowed and de- 11 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 weeded, plant grass to establish a green lawn. Inspector Lewis stated the property was originally cited on March 23, 1999. st Giovanni Caliendro, 916 SE 1 Avenue took the podium and pled no contest. The respondent asked for 30 days. The City recommends 60 days. Mr. Caliendro shook Mr. Barquin’s hand to thank him and thanked Inspector Lewis as well. The respondent said that the City of Boynton Beach and the City of Delray Beach are two separate worlds apart. He said he has resided here for 30 years and 25 years ago the City of Boynton Beach declared “Giovanni Caliendro” Day. He says he sees no progress in the City. Chairman DeLiso said this is not a subject that would be covered by the Code Compliance Board. The respondent said he has also seen no progress in the Code Compliance Department. He said everything is happening in Delray Beach and nothing is happening here. Chairman DeLiso instructed him to go before the City Commission with his concerns. Motion Based on the testimony and evidence presented in Case No. 99-0501, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Giovanni and Emily H. Caliendo are in violation of Code Sections Chapter 15, Article IX-15-120 (E) 2 and 120 (D) 1, Inc. of the City Code of Ordinances. Mr. Lambert moved to order that the Respondents correct the violations on or before December 13, 1999. If the Respondents do not comply with this Order, a fine in the amount of $25.00, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Rossi. Motion carried 7-0. Case #99-1495 James W. and Joyce A. Wiggins Property Address: 50 Miner Road Description: Chapter 15, Article IX-15-120 (D), Inc.; Please install sod in yard and swale area wherever dead or bare spots occur. Inspector Cain stated the case was originally cited on June 21, 1999 through routine neighborhood inspection and service was accomplished by certified mail. 12 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 Joyce Wiggins and James Wiggins, 1328 West Indies Way, Lantana took the podium with Ms. Maureen Brown who is currently renting the property from the respondents. The respondents pled no contest and asked for 60 days. Chairman DeLiso requested to view the photographs. Ms. Brown said she was not working when the property was first cited and could not afford to comply. She is now working and will be purchasing the home. She requested time because she has three children and needs time to save up the money. Motion Based on the testimony and evidence presented in Case No. 99-1495, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that James W. and Joyce A. Wiggins are in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc. of the City Code of Ordinances. Mr. Lambert moved to order that the Respondents correct the violations on or before December 13, 1999. If the Respondents do not comply with this Order, a fine in the amount of $25.00, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Rossi. Motion carried 7-0. Case #99-1739 Linda Murphy-Torres nd Property Address: 2741 NW 2 Street Description: Chapter 15, Article IX-15-120 (D), Inc., PT3-LDR, Chapter 20-VIII, Section 2.E and Section 2.H, Sections 10-2 and 13-16 B.B.C. of Ord. and SFPC 903.2.1; Please install sod in yard and swale; remove all trash and debris from property; all windows, doors, electrical fixtures, plumbing fixtures; smoke detector must be in good working order. Inspector Cain stated the property was originally cited on July 14, 1999 through routine inspection and service was accomplished by certified mail. The City recommends 30 days. Raymond Torres, 5406 Blueberry Hill Avenue, Lake Worth took the podium and pled no contest. The respondent asked for 30 days. 13 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 Motion Based on the testimony and evidence presented in Case No. 99-1739, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Linda and Raymond Torres are in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc., PT3-LDR, Chapter 20-VIII, Section 2.E and Section 2.H, Sections 10-2 and 13-16 B.B.C. of Ord. and SFPC 903.2.1 (D), Inc. of the City Code of Ordinances. Mr. Lambert moved to order that the Respondents correct the violations on or before November 15, 1999. If the Respondents do not comply with this Order, a fine in the amount of $25.00, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Vice Chair Hammer. Mr. Foot noted that Mr. Lambert did not include in his motion the violations that were enumerated on Page 26A. Mr. Lambert requested that his motion be amended to include those violations and Vice Chair Hammer seconded the amended motion. Motion carried 7-0. A. LIEN PENALTY CERTIFICATIONS (Tabled) th Case #99-0188 Jackie Fields and Jos. Rollerson 219 NE 7 Ave. Inspector Webb stated the property was originally cited on January 21, 1999 and the hearing was held on April 21, 1999. The respondent did appear. A compliance date of June 14, 1999 was set or be fined $50.00 per day. The property complied on October 20, 1999 or 148 days of non-compliance. Inspector Webb presented before and after photographs of the property and staff is recommending no fine. Chairman DeLiso requested to view the photographs. Inspector Webb said that the property was originally owned by 19 grandchildren. Only Mr. Rollerson and Ms. Fields, who is another grandchild, now own the property. As a result, the property had to be re-cited. The reason it has taken so long is that the respondents were unable to secure a loan and are doing the repairs out of their own pockets. Inspector Webb stated the respondent has done a wonderful job. Mr. Foot inquired if the property had been unoccupied during the non-compliance period and Mr. Webb stated it was until the two grandchildren secured the property as two owners. The case was referred to the City from Children’s Services and a mother and eight children were living there and it was infested with rodents. Trash and debris existed inside the house. Mr. Webb said the trash taken out of the house filled two City trash trucks. 14 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 Chairman DeLiso concurred with Inspector Webb that the respondent has done a wonderful job in fixing up the property. Mr. Foot stated that at one time the property was a serious problem and this Board is not here to send out a message that if violations get corrected, there will be no fines. Vice Chair Hammer said the Board is not supposed to punish people, but to help them and to make sure the community looks better. She does not want to impose a fine on the respondents and noted they have done a wonderful job with the property. th Joseph Rollerson, 219 NE 7 Avenue took the podium and stated he spent a great deal of time and money on fixing the property from paycheck to paycheck. Motion Based on the testimony and evidence presented in Case No. 99-188, 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 Jackie Fields and Joseph Rollerson have violated this Board’s prior Order of April 21, 1999, and this Board impose and certify no fine or administrative costs in this case. Motion seconded by Vice Chair Hammer. Motion carried 6-1 (Mr. Foot dissenting). CHAIRMAN DeLISO DECLARED A RECESS AT 8:30 P.M. THE MEETING RECONVENED AT 8:40 P.M. B. LIEN PENALTY CERTIFICATIONS nd Case #99-714 Luc & Venus Joseph 2371 NW 2 Street Inspector Cain stated the case was cited on April 8, 1999 for Community Appearance Code violations. The respondent did not appear at the July 21, 1999 hearing date. A compliance date of August 16, 1999 was set or be fined $25 per day. The property complied today on October 20, 1999 or 64 days of non-compliance. The City recommends no fine. Inspector Cain stated the respondents did not understand the violations and there was a communication problem. He visited the property last week with Inspector Guillaume and the respondent complied right away after Inspector Guillaume explained the violations to him. 15 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 nd Luc Joseph, 2371 NW 2 Street, Boynton Beach took the podium. Motion Based on the testimony and evidence presented in Case No. 99-714, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondents Luc and Venus Joseph were in violation of Code Sections Chapter 15 – Article IX-15-120 (D), Inc., subsequent to the date of compliance specified in this Board’s Order of July 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 or administrative costs in this case. Motion seconded by Mr. Foot. Motion carried 7-0. Case #99-257 David P. Penegor 416 S. Seacrest Blvd. 8042 Rose Marie Ave., East Boynton Beach, FL 33457 Inspector Lewis stated the property was cited on July 29, 1999 for violation of the Community Appearance Code and Occupational License required. The respondent appeared at the Code Compliance hearing on May 19, 1999. A compliance date was set for August 16, 1999 or be fined $25 per day. The property is not yet in compliance. David Penegor, 8042 Rose Marie Avenue East, Boynton Beach took the podium and stated he ran into some problems. It took him over a month and one-half to evict the tenants. He said that the property is almost complete and he is waiting for some cabinets to be installed which should be done in 10 days. Mr. Penegor requested ten days to comply. Motion Mr. Lambert moved that Case No. 99-257 be tabled until the Code Compliance Board Meeting to be held on November 17, 1999. Motion seconded by Mr. Foot. Motion carried 7-0. C. LIEN REDUCTIONS th Case #96-4642 Lea and Bessiere Belizaire 101 NE 18 Avenue Mr. Blasie noted the violation address in the agenda is incorrect. The correct address is th 101 NE 18 Avenue, Boynton Beach, Florida. When the property was originally cited on 16 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 October 18, 1996 for violations of the City’s Community Appearance Code, it was owned by Lea and Bessiere Belizaire. The driveway had potholes and sod was needed in the yard. No one appeared at the April 16, 1997 hearing. A compliance date of June 16, 1997 was set or be fined $25.00 per day. The property complied on September 11, 1997, or 86 days of non-compliance for a total fine of $2,150, plus administrative costs. Mr. Blasie presented some before and after photographs to the Board to review. The property is now owned by Bank of America and a representative for the Bank is present this evening. Glen Daniels, 1800 Forest Hill Boulevard, Suite A8, West Palm Beach, Florida 33406 took the podium. Chairman DeLiso inquired why it took an additional 86 days for the property to comply? Mr. Daniels said the Bank acquired the property through foreclosure and the occupants had to be evicted. Once the property was taken back, the Bank was told to replace the front yard which was done. The second inspection failed and the Bank was told to sod the second yard and to replace some windows, which was not part of the original request. The Bank complied with the second request and the property complied. Mr. Blasie noted that between June and September of 1997, the Bank had nothing to do with the property. Mr. Blasie said the Bank was cooperative in bringing the property into compliance. Mr. Lambert asked why the property was still under the name Belizaire? He replied this is how the case was originally presented. Attorney Igwe said that the interest runs with the property. Mr. Lambert inquired what name he should use when making a motion and Mr. Blasie said he would prefer Bank of America. Ms. Williams asked what the City would recommend for a reduction? Mr. Blasie said they were not the original violators and were cooperative and would recommend a reduction, but was uncertain of the amount. Mr. Daniels said the property is under contract for sale and the buyer intends to completely rehab the property. Discussion on the amount of the fine took place. Vice Chair Hammer asked when the th Bank took the property over and was informed it was April 29, but did not take possession of the property because of the eviction until the end of May. Motion Based on the testimony and evidence presented in Case No. 96-4642, 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. 17 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 Lambert moved that this Board recommend to the City Commission that the fine instituted in Case No. 96-4642, by virtue of this Board’s Order of April 16, 1997, be reduced to the administrative costs, or $672.21. Motion seconded by Vice Chair Hammer. Mr. Foot inquired why the affidavit filing costs of $250.00 were not included? Mr. Blasie concurred that that the filing costs have been expended by the City. Mr. Lambert amended his motion to include the $250.00 for filing costs for a total fine of $922.21. Vice Chair Hammer seconded the amended motion. Chairman DeLiso said the inclusion of the filing costs made the fine too high and felt the respondent has cooperated with the City. Mr. Foot felt the Board was being lenient in only charging the full administrative costs and not the full fine. Motion carried 6-1 (Chairman DeLiso dissenting) Case #97-1639 Eslett Ruiz 445 N. Federal Hwy. 7486 Coconut Drive Lake Worth, FL 33467 Mr. Blasie stated the property was a commercial building on North Federal Highway and was originally cited on May 29, 1997 for violation of the Community Appearance Code. The case first came before the Board on December 17, 1997. A compliance date of February 16, 1998 was set or be fined $25.00 per day. The property complied on August 3, 1999 for 532 days of non-compliance. The fine is $13,300 plus administrative costs of $730.15. Mr. Blasie presented before and after photos to the Board to review. Eslett Ruiz, 7486 Coconut Drive, Lake Worth, Florida took the podium. Chairman DeLiso asked the respondent why it took her 532 days to comply. She stated that she wanted to pave the old parking lot and had an engineering plan prepared and it was approved. The contractor she hired to do the job, took the money and never did the job. She sent a letter to the City requesting more time to allow her to get the money back from the contractor. She said she won the suit against the contractor and obtained a judgment, but never collected a cent. Ms. Ruiz said she ran out of money and got sick and could not finish the job. She said the area that was cited was a little area in front of the side door. She did not want to do just the little space for which she was cited and wanted to do the whole parking lot. Right before the new contractor was to begin the work, Ms. Ruiz said she got pneumonia and was hospitalized. She said the property was under contract for sale back in July and that is when she determined there was a lien on the property. She said that she has since done the parking space and the property is in compliance. 18 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 Mr. Lambert said it appears the respondent did nothing until the property was going to be sold and discovered a lien on the property. Ms. Ruiz said she had done everything she was supposed to except the one parking spot, which was included in paving the parking lot. Mr. Lambert asked Mr. Blasie to confirm this. Mr. Blasie stated that approximately 200 square feet was involved and is really not a parking lot, but probably is for some type of off-street parking, but is not very big. Mr. Blasie confirmed that Mrs. Ruiz did intend to do the entire parking lot. Ms. Williams said the respondent has done a wonderful job in trying to improve her property. Motion Based on the testimony and evidence presented in Case No. 97-1639, 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, Ms. Williams moved that this Board recommend to the City Commission that the fine instituted in Case No. 97-1639, by virtue of this Board’s Order of December 17, 1997, be reduced to $730.15. Motion seconded by Mr. Lambert Motion carried 7-0. Mr. Blasie stated that the next respondent has two cases and the respondent paid the extra $50.00 for the second case. Therefore, he paid $250 for his application. th Case #98-3157 R.B. & Ruby Laster/F. McShane 415 NW 9 Avenue Mr. Blasie stated that the two lien reductions are for the same property. The current property owner is Felix McShane and the prior property owners who created the liens were R.B. and Ruby Laster. Mr. Blasie stated the case was originally cited on August 31, 1998 for violation of the City’s Community Appearance Code and no one appeared at the November 18, 1998 hearing. A compliance date of December 14, 1998 was set or be fined $25.00 per day. The property complied on October 11, 1999 for 300 days of non-compliance. The fine totaled $7,500 plus administrative costs of $634.12. Mr. Blasie presented before and after pictures to the Board to review. The respondent purchased the property at a foreclosure sale. Mr. Blasie stated the respondent did a wonderful job in fixing up the property. 19 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 th Felix McShane, 5761 SW 54 Terrace, Davie, Florida 33310 stated he acquired the th property on September 16 at the Courthouse through foreclosure. When he received the certificate of title, he came to the City to determine how to proceed. The respondent said he has brought the outside of the house up to compliance and is now working on the inside of the house. The respondent said he is not familiar with code compliance procedures. Chairman DeLiso asked the respondent if he knew there was a lien on the property when he purchased it. The respondent stated the day of the foreclosure sale, he searched the title at the courthouse, but because there was a hurricane the day before, he was not able to determine how much the liens were for. He did bid on the property and was the successful bidder. He determined the amount of the liens by contacting the City Code Compliance Department. Chairman DeLiso asked the respondent if he planned to sell or rent the property. He said he has someone who would like to rent the property now, but is uncertain what he will do. He is unable to secure financing because he does not have a clear title. Mr. Lambert didn’t see any reason for treating this case differently from the prior cases and noted if the respondent hadn’t purchased the property, it would probably still be in its original condition. Chairman DeLiso agreed that the respondent has done a wonderful job in fixing the property. Vice Chair Hammer said the fine should be reduced since the respondent is doing a fine job in making the neighborhood presentable. Motion Based on the testimony and evidence presented in Case No. 98-3157, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Lambert moved that this Board recommend to the City Commission that the fine instituted in Case No. 98-3157, by virtue of this Board’s Order of November 18, 1998, be reduced to $634.12. Motion seconded by Vice Chair Hammer. Mr. Foot re-stated that he felt the Board was not supporting the community by allowing properly imposed penalties to be set aside. Chairman DeLiso said if the fines continue to increase, the properties will remain empty and laden in crime. Motion carried 7-0. th Case #99-760 R.B. & Ruby Laster/F. McShane 45 NW 9 Ave. Mr. Blasie said this is the second case for the same property. 20 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 Mr. Lambert asked if this case involved separate inspections and was informed they were separate violations and separate inspections. The total fine is $3,150 plus $634.12 in administrative costs. Motion Based on the testimony and evidence presented in Case No. 99-760, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Lambert moved that this Board recommend to the City Commission that the fine instituted in Case No. 99-760, by virtue of this Board’s Order of May 19, 1999, be reduced to $634.12. Motion seconded by Mr. Rossi. Motion carried 7-0. CASES TO BE HEARD Case No. 99-1743 Roberto & Terry Rego th Property Address: 112 SW 9 Avenue Violations: Chapter 15, Article IX-15-120 (B), 120 (E) 2A, 120 (D), Inc. and 13-16 B.B.C. of Ord.; Please remove all weeds and install sod on all bare spots visible from the road; repair wooden fence and garage door; rental property must be licensed; repair glass on front door; remove rust stains on front of house or paint house to achieve a uniform look. Inspector Barquin stated the property was cited through a neighborhood complaint on July 14, 1999. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-1743, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Robert and Terry Rego are in violation of Code Sections Chapter 15, Article IX-15-120 (B), 120 (E) 2A, 120 (D), Inc. and 13-16 B.B.C. of Ordinances. Mr. Foot moved to order that the Respondents correct the violations on or before November 15, 1999. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondent is further ordered to contact 21 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 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 Mr. Lambert. Motion carried 7-0. Case No. 99-1771 F.M. & Viola I. Mulvey th Property Address: 337 NE 14 Avenue Violations: Chapter 15, Article IX-15-120 (D), Inc.; Please repair holes in asphalt and sealcoat. Inspector Barquin stated the property was originally cited on July 15, 1999 through routine neighborhood inspection. Service was made by certified mail. The respondent appeared earlier at the meeting and agreed to plead no contest and to thirty days for compliance. Motion Based on the testimony and evidence presented in Case No. 99-1771, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that F.M. and Viola I. Mulvey are in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc. of the City Code of Ordinances. Vice Chair Hammer moved to order that the Respondents correct the violations on or before November 15, 1999. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The 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. Motion carried 7-0. Case No. 99-1365 Arthur F. Neddo Property Address: 326 Glen Arbor Terrace Violations: Chapter 15, Article IX-15-120 (D) .1A, 120 (D) 1.D and SBC 94 ED 104..1.1; Repair driveway; install sod in all bare areas in yard; remove all trash and debris from property; obtain permit for remodeling; trim hedges. Inspector Webb stated the property was originally cited on June 9, 1999 through routine neighborhood inspection and service was obtained by posting. Staff recommends 30 days. 22 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 Motion Based on the testimony and evidence presented in Case No. 99-1365, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Arthur F. Neddo is in violation of Code Sections Chapter 15, Article IX-15-120 (D) l. A, (D) 1.D and SBC ’94 ED. 104.1.1 of the City Code of Ordinances. Vice Chair Hammer moved to order that the Respondents correct the violations on or before November 15, 1999. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re- inspection of the property to verify compliance with this Order. Motion seconded by Mr. Rossi. Motion carried 7-0. Case No. 99-1922 W. J. and Helen L. Millines th Property Address: 219 NW 10 Avenue Violations: Chapter 15, Article IX-15-120 (D) .1A; Property contains auto parts, mechanic tools, construction debris, building material and other discarded debris that must be disposed of properly. Inspector Webb stated the property was originally cited on August 4, 1999 through routine neighborhood inspection. Service was obtained by certified mail and staff recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-1922, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that W.J. and Helen L. Millines are in violation of Code Sections Chapter 15, Article IX-15- 120 (D) .l A of the City Code of Ordinances. Vice Chair Hammer moved to order that the Respondents correct the violations on or before November 15, 1999. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Ms. Williams. Motion carried 7-0. 23 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 Case No. 99-0865 Jean L. & Kethlie St. Forte th Property Address: 176 SE 28 Court Violations: Chapter 15, Article IX-15-120 (D) Inc.; Repair driveway and sod yard on west side. Inspector Roy said the property was originally cited on April 16, 1999 through routine inspection and service was made by hand carry. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-0865, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Jean L. and Kethlie St. Forte are in violation of Code Sections Chapter 15, Article IX-15- 120 (D) lnc. of the City Code of Ordinances. Vice Chair Hammer moved to order that the Respondents correct the violations on or before November 15, 1999. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Ms. Williams. Motion carried 7-0. Case No. 99-1068 Fontana Plaza, Ltd. Property Address: 3629 S. Federal Hwy. Violations: PT3-LDR., Chapter 4, Section 11, PT3- LDR, Chapter 7.5-II, Section 5.B; maintain site and landscape as per permitted plan; replace all dead or missing shrubs; replace all dead grass; maintain sprinkler system; repair fence; trim trees. Inspector Roy stated the property was originally cited on May 10, 1999 through routine inspection and service was made by hand carry. The City recommends 120 days. Motion Based on the testimony and evidence presented in Case No. 99-1068, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Fontana Plaza, Ltd. is in violation of Code Sections PT3-LDR., Chapter 4, Section 11, PT3-LDR, Chapter 7.5-II, Section 5.B of the City Code of Ordinances. Vice Chair 24 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 Hammer moved to order that the Respondent correct the violations on or before January 17, 2000. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Ms. Williams. Mr. Rossi asked why the City was recommending 120 days and Inspector Roy said that the parts to the concrete fence on the property are difficult to find and have to be manufactured and ordered which takes time. Motion carried 7-0. Case No. 99-1250 James B. LaCotche th Property Address: 707 SW 24 Avenue Violations: Chapter 15, Article IX-15-120 (D), Inc.; Trim all overgrowth; restore dead areas of lawn and maintain weed free. Inspector Roy stated the case was originally cited on June 1, 1999 through an anonymous complaint and service was made by certified mail. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-1250, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that James B. LaCotche. is in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc. of the City Code of Ordinances. Vice Chair Hammer moved to order that the Respondent correct the violations on or before November 15, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Ms. Williams. Motion carried 7-0. Case No. 99-1929 Alex Albert th Property Address: 233 SE 26 Avenue Violations: Chapter 1514-3 B.B.C. of Ord.,; Remove oversize stake body truck within 10 days and re-sod swale on 25 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 nd SE 2 Street within the thirty-day time limit. Inspector Roy stated the property was originally cited on August 4, 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. 99-1929, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Alex Albert is in violation of Code Sections Chapter 14-3 B.B.C. of Ordinances. Vice Chair Hammer moved to order that the Respondent correct the violations on or before November 15, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Ms. Williams. Mr. Foot inquired about the truck removal and Inspector Roy said the truck has been removed. Motion carried 7-0. Case No. 99-1531 Michael W. and Gloria K. Bowden th Property Address: 416 SE 4 Avenue Violations: Section 13-16 B.B.C. of Ord.; License is required for rental house. Inspector Lewis stated the case was originally cited on June 24, 1999 and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-1531, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Michael W. and Gloria K. Bowden are in violation of Code Sections Section 13-16 B.B.C. of Ordinances. Vice Chair Hammer moved to order that the Respondents correct the violations on or before November 15, 1999. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Rinker. 26 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 Motion carried 7-0. Case No. 99-1572 Stewart S. and Sheila R. Aldrich th Property Address: 409 SW 5 Avenue Violations: Chapter 15, Article IX-15-120 (D) 1, Inc.; Property needs to be cleaned up of all items stored outdoors; all overgrown weeds, trees, and shrubs need to be cut; mulch piles on the west side of property need to be removed. Inspector Lewis stated the property was originally cited on June 30, 1999 and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-1572, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Stewart S. and Sheila R. Aldrich are in violation of Code Sections Chapter 15, Article IX- 15-120 (D) 1, Inc. of the City Code of Ordinances. Vice Chair Hammer moved to order that the Respondents correct the violations on or before November 15, 1999. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Rinker. Motion carried 7-0. Case No. 99-1899 Pence Properties, Inc. th Property Address: 413 SE 4 Street Violations: Section 13-16 B.B.C. of Ord.; Every rental unit used for residential living purposes in the City must be licensed. Inspector Lewis stated the property was originally cited on July 29, 1999 and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-1899, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that 27 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 Pence Properties, Inc. is in violation of Code Sections 13-16 B.B.C. of Ordinances. Vice Chair Hammer moved to order that the Respondent correct the violations on or before November 15, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Rinker. Motion carried 7-0. Case No. 99-1900 Don M. Pinatel st Property Address: 634 SW 1 Avenue Violations: Chapter 15, Article IX-15-120 (D) .1B, 10-2 B.B.C. of Ord.; Property needs all overgrown grass, weeds, trees and hedges cut. Inspector Lewis stated the property was originally cited on July 30, 1999. The City recommends 15 days. Motion Based on the testimony and evidence presented in Case No. 99-1900, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Don M. Pinatel is in violation of Code Sections Chapter 15-Article IX-15-120 (D).1B and 10-2 B.B.C. of Ordinances. Vice Chair Hammer moved to order that the Respondent correct the violations on or before November 9, 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. Rinker. Motion carried 7-0. Case No. 99-1901 Michael W. Bowden th Property Address: 407 SE 4 Street Violations: Chapter 15, Article IX-15-120 (D) 1.D.. 120 (E) 2C, PT 3-LDR, Chapter 20, VIII, Section 2.A and PT3-LDR, Chapter 20-VIII, Section 2.D; dwelling units must meet minimum standards governing conditions of structures; all windows must be repaired and 28 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 require screens; all rotten interior floor framing, wall framing, and damaged wall texture must be repaired; all units must be equipped with fire extinguishers, smoke detectors, and exterior egress lights; building permits are required for the window replacement; and other structural work may require additional permits. The property was originally cited on July 30, 1999 and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-1901, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Michael W. Bowden is in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1.D.. 120 (E) 2C, PT3-LDR, Chapter 20, VIII, Section 2.A and PT3-LDR, Chapter 20- VIII, Section 2.D of the City Code of Ordinances. Vice Chair Hammer moved to order that the Respondent correct the violations on or before November 15, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re- inspection of the property to verify compliance with this Order. Motion seconded by Ms. Williams. Motion carried 7-0. Case No. 99-2187 Robert J. Huddleston Property Address: 925 Greenbriar Drive Violations: Section 13-16 B.B.C. of Ord.; License is required for adult care living facility; rental of single family home requires occupational license. Inspector Lewis said the property was originally cited on August 26, 1999 and the City recommends 10 days. Motion Based on the testimony and evidence presented in Case No. 99-2187, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that 29 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 Robert J. Huddleston is in violation of Code Sections 13-16 B.B.C.of Ordinances. Vice Chair Hammer moved to order that the Respondent correct the violations on or before November 3, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Ms. Williams. Motion carried 7-0. Case No. 99-0606 Irvine Green, Jr. th Property Address: 2740 NE 4 Street Violations: Chapter 15, Article IX-15-120 (D), I. D; Please install sod in yard wherever dead or bare spots occur. Inspector Cain stated the property was originally cited on March 30, 1999 and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-0606, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Irvine Green, Jr. is in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1.D of the City Code of Ordinances. Vice Chair Hammer moved to order that the Respondent correct the violations on or before November 15, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Rinker. Motion carried 7-0. Case No. 99-1225 Isnadin Israel Property Address: 2760 N. Seacrest Blvd. Violations: Chapter 15, Article IX-15-120 (D), .1A and 120 (D) 1.D; Please install sod in yard; remove all unregistered vehicles from the property. Inspector Cain stated the property was originally cited on May 28, 1999 and the City recommends 30 days. 30 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 Motion Based on the testimony and evidence presented in Case No. 99-1225, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Isnadin Israel is in violation of Code Sections Chapter 15, Article IX-15-120 (D) .1A and 120 (D) 1.D of the City Code of Ordinances. Vice Chair Hammer moved to order that the Respondent correct the violations on or before November 15, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re- inspection of the property to verify compliance with this Order. Motion seconded by Ms. Williams. Motion carried 7-0. Case No. 99-1882 Joseph Jean Garcia st Property Address: 2771 NE 1 Street Violations: Section 10-52 B.B.C. of Ord.; Please remove all unregistered vehicles from the property. Inspector Cain stated the case was originally cited on July 28, 1999. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-1882, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Joseph Jean Garcia is in violation of Code Sections 10-52 B.B.C. of Ordinances. Vice Chair Hammer moved to order that the Respondent correct the violations on or before November 15, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs, shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Rinker. Motion carried 7-0. Case No. 99-1885 Violet & Sharlene Wright nd Property Address: 2350 NW 2 Street. Violations: Chapter 15, Article IX-15-120 (E) 2A and 120 (D) 1.B; Please paint fascia 31 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 boards around top of house; repair fence or take it down. Motion Based on the testimony and evidence presented in Case No. 99-1885, Vice Chair Hammer moved that this Board find, as a matter of fact, and as a conclusion of law that Violet and Sharlene Wright are in violation of Code Sections Chapter 15, Article IX-15- 120 (E) 2A and 120 (D) 1.B of the City Code of Ordinances. Vice Chair Hammer moved to order that the Respondent correct the violations on or before November 15, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re- inspection of the property to verify compliance with this Order. Motion seconded by Ms. Williams. Motion carried 7-0. VI. OLD BUSINESS A. LIEN PENALTY CERTIFICATIONS (Tabled) Case #99-341 Alpine Seven Company, Inc. 1112 N. Federal Hwy. Inspector Webb stated the notice of violation was dated March 12, 1999 for violation of the Community Appearance Code. The respondent appeared at the Code Compliance Board hearing on May 19, 1999. A compliance date of June 14, 1999 was set or be fined $25.00 per day. The property is not yet in compliance and the City is requesting the case be tabled again. Inspector Webb informed the Board that this case involves an automobile that was in an accident and the case has been settled. However, the respondent has not been paid and has gone to small claims court. It might be another 60 days before the case is finally settled. Motion Mr. Foot moved that Case #99-341 be tabled until the Code Compliance Board Meeting to be held on December 15, 1999. Motion seconded by Ms. Williams. Motion carried 7-0. 32 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 Case #99-634 Verryl & Teresa Burse Floyd 7817 Manor Forest Court Inspector Cain said the property was cited on March 31, 1999. No one appeared at the Code Compliance Hearing on May 19, 1999. A compliance date of June 14, 1999 was set or be fined $25.00 per day. The property complied on August 24, 1999 for 70 days of non-compliance. Mr. Blasie said the City is recommending no fine since the respondents do not know what the City was looking for and what they needed to do to comply. After meeting with the respondents, they were able to get the property into compliance. Motion Based on the testimony and evidence presented in Case No. 99-634, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondents, Verryl and Teresa Burse Floyd were in violation of Code Sections SBC ’94 Edition 104.6.1, 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 in this case. Motion seconded by Vice Chair Hammer. Motion carried 7-0. nd Case #99-705 Mavis A. Myhand 2261 NW 2 Street Inspector Cain stated the notice of violation was dated April 8, 1999 for violation of the City’s Community Appearance Code. The respondent appeared at the Code Compliance Hearing date on June 16, 1999. A compliance date of July 19, 1999 was set or be fined $25.00 per day. The property is not yet in compliance. Mr. Lambert asked if the respondent has made any progress. Inspector Cain stated the property is vacant. Motion Based on the testimony and evidence presented in Case #99-705, 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 Mavis A. Myhand has violated this Board’s prior Order of June 16, 1999, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Vice Chair Hammer. 33 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 Motion carried 7-0. rd Case #99-436 Jessie and Patricia Jones, Sr. 334 NE 23 Ave. Inspector Cain stated the notice of violation was dated March 23, 1999 for violation of the City’s Community Appearance Code. No one appeared at the Compliance Board Hearing on June 16, 1999. A compliance date of August 16, 1999 was set or be fined $25.00 per day. The property has not yet complied. Motion Based on the testimony and evidence presented in Case #99-436, 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 Jessie and Patricia Jones, Sr. have violated this Board’s prior Order of June 16, 1999, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Vice Chair Hammer. Motion carried 7-0. th Case #99-657 Robert J. and Betty A. Moran 451 NE 26 Ave. Inspector Cain stated the property was cited on April 5, 1999 for violation of the City’s Community Appearance Code. No one appeared at the July 21, 1999 Code Compliance Board hearing. A compliance date of August 16, 1999 was set or be fined $25.00 per day. The property is not yet in compliance. Inspector Cain said they have been having problems with the respondent. Motion Based on the testimony and evidence presented in Case #99-657, 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 Robert J. and Betty A. Moran have violated this Board’s prior Order of July 21, 1999, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Rinker. 34 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 Motion carried 7-0. th Case #99-699 Johnny Young, Jr. & Norma Guthrie 211 NE 26 Ave. Inspector Cain stated that the notice of violation was dated April 8, 1999 for violation of the City’s Community Appearance Code. No one appeared at the July 21, 1999 Code Compliance Board hearing. A compliance date of August 16, 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 #99-699, and having considered the gravity of the violations, the actions taken by the Respondents, and any and all previous violations committed by the Respondents, Mr. Foot moved that this Board find that Johnny Young, Jr. and Norma Guthrie have violated this Board’s prior Order of July 21, 1999, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Ms. Williams. Motion carried 7-0. nd Case #99-876 Khadarnath Mandiedeo 2730 NW 2 Street Inspector Cain stated the notice of violation was dated April 22, 1999 for violation of unsafe buildings. No one appeared at the August 18, 1999 Code Compliance Board hearing. A compliance date of August 28, 1999 was set or be fined $25.00 per day. Inspector Cain said that the respondent cannot be located. Chairman DeLiso inquired if the building needed to be secured. Inspector Cain said it was not necessary and that the building was red tagged. Motion Based on the testimony and evidence presented in Case #99-876, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondents, Mr. Foot moved that this Board find that Khadarnath Maniedeo has violated this Board’s prior Order of August 18, 1999, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Ms. Williams. 35 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 Motion carried 7-0. Case #99-881 Julia R. Melvin 3167 Orange Street The notice of violation was dated April 20, 1999. No one appeared at the Code Compliance Board Hearing on July 21, 1999. A compliance date of August 16, 1999 was set or be fined $25.00 per day. The property complied on August 25, 1999 for 8 days of non-compliance. The City recommends no fine. Inspector Cain stated the violation was for a red tag from the Building Department regarding installation of an air conditioner. Motion Based on the testimony and evidence presented in Case No. 99-881, Mr. Foot moved that this Board find, as a matter of fact, that the Respondent was in violation of Code Sections SBC ’94 Edition 104.1.1, subsequent to the date of compliance specified in this Board’s Order of July 21, 1999. 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 no fine or administrative costs in this case. Motion seconded by Mr. Rossi. Motion carried 7-0. Case #99-939 Terry Bryant 301 Ocean Parkway th 915 39 Street West Palm Beach, FL 33407 Inspector Cain stated the property was cited on April 22, 1999 for violation of the Community Appearance Code and Occupational License required. No one appeared at the July 21, 1999 Code Compliance Board hearing. A compliance date of August 16, 1999 was set or be fined $25.00 per day. The property has not yet complied. . Inspector Cain said there has been no contact with the Respondent Motion Based on the testimony and evidence presented in Case #99-939, 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 Terry Bryant has violated this Board’s prior Order of July 21, 1999, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or 36 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 until a judgment is entered based upon this certification of fine. Motion seconded by Ms. Williams. Motion carried 7-0. Inspector Barquin stated he was presenting the next five cases for Inspector Melillo. rd Case #99-451 Virginia Belman 2125 NE 3 Court No one appeared at the Code Compliance Board hearing of August 18, 1999. A compliance date of September 13, 1999 was set or be fined $25.00 per day. The property is not in compliance and is a red tag from the Building Department for a driveway. Nothing has been done as of today. Motion Based on the testimony and evidence presented in Case #99-451, 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 Virginia Belman has violated this Board’s prior Order of August 18, 1999, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Foot. Motion carried 7-0. st Case #99-576 Margie M. Moore 2101 NE 1 Way The property was cited on March 30, 1999 for violation of the City’s Community Appearance Code. No one appeared at the August 18, 1999 Code Compliance Board Hearing. A compliance date of September 13, 1999 was set or be fined $25.00 per day. The property complied on September 30, 1999 for 16 days of non-compliance. Mr. Foot noted the City’s expenses have been $480.15. Motion Based on the testimony and evidence presented in Case No. 99-576, Mr. Foot moved that this Board find, as a matter of fact, that the Respondent 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 August 18, 1999. Mr. Foot moved that this Board find that the Respondent failed to comply with this Board’s Order, and that this Board 37 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 impose and certify a fine of $480.15 for administrative costs. Motion seconded by Mr. Rossi. Chairman DeLiso asked why it took an additional 16 days for compliance, but Inspector Barquin was uncertain since this is Inspector Melillo’s case. The violations were for sod and a railing. Motion denied 5-2 (Chairman DeLiso, Mr. Rinker, Vice Chair Hammer, Mr. Lambert and Ms. Williams dissenting). Motion Based on the testimony and evidence presented in Case No. 99-576, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondent 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 August 18, 1999. Mr. Lambert moved that this Board find that the Respondent failed to comply with this Board’s Order, and that this Board impose and certify no fine or administrative costs in this case. Motion seconded by Vice Chair Hammer. Mr. Blasie interjected that the case has not complied and it is so noted in the file. Motion Based on the testimony and evidence presented in Case #99-576, 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 Margie M. Moore has violated this Board’s prior Order of August 18, 1999, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Vice Chair Hammer. Motion carried 7-0. th Case #99-824 Lorraine V. Griffin 151 NE 18 Avenue The property was cited on April 16, 1999 for violation of the Community Appearance Code and Occupational License required. No one appeared at the July 21, 1999 Code Compliance Board hearing date. A compliance date of August 16, 1999 was set or be fined $50.00 per day. The property has still not complied. 38 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 Motion Based on the testimony and evidence presented in Case #99-824, 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 Lorraine V. Griffin has violated this Board’s prior Order of July 21, 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 Vice Chair Hammer. Motion carried 7-0. th Case #99-1151 Cedrick L. Edwards 1601 NE 4 Street The property was cited on May 24, 1999 for unfit and unsecured building. The respondent did appear at the August 18, 1999 hearing date. A compliance date of August 28, 1999 was set or be fined $50.00 per day. The property complied on September 17, 1999 for 29 days of non-compliance. Inspector Barquin stated the case dealt with some broken windows and broken latches. Motion Based on the testimony and evidence presented in Case No. 99-1151, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondent 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 August 18, 1999. Mr. Lambert moved that this Board find that the Respondent failed to comply with this Board’s Order, and that this Board impose and certify a total fine in the amount of $384.12 plus $250.00 as may be required for the affidavit filing costs. Motion seconded by Mr. Foot. Attorney Igwe pointed out that this Board has the power to impose a penalty as it pleases and there is nothing in the Statute that says they can’t do this. Mr. Blasie requested that the vote include the entire amount. He recommended including the filing costs. Mr. Lambert amended his motion to state that the total fine in the amount of $634.12 be imposed. Motion seconded by Mr. Foot. Motion carried 6-1 (Ms. Williams dissenting). 39 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 Case #99-1517 Beulah Hunt 114 Seacrest Court The property was cited on June 23, 1999 for violation of the City’s Community Appearance Code. No one appeared at the Code Compliance Board hearing of August 18, 1999. A compliance date of September 13, 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 #99-1517, 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 Beulah Hunt has violated this Board’s prior Order of August 18, 1999, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Foot. Motion carried 7-0. th Case #99-1484 Robert J. & Betty A. Moran 451 NE 26 Ave. The notice of violation was dated June 18, 1999 for violation of the City’s Community Appearance Code and truck parking regulations. No one appeared at the Code Compliance Board hearing on August 18, 1999. A compliance date of September 13, 1999 was set or be fined $25.00 per day. The property has not yet complied. Motion Based on the testimony and evidence presented in Case #99-1484, 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 Robert J. and Betty A. Moran have violated this Board’s prior Order of August 18, 1999, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the 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. 40 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 st Case #99-147 Deborah & Richard Roberts, Jr. 701 SW 1 Avenue Inspector Lewis stated the property was originally cited on January 14, 1999 for violation of the Land Development Regulations and the SBC. The Compliance Board Hearing date was August 18, 1999 and no one appeared. A compliance date of September 13, 1999 was set or be fined $25.00 per day. The property has not complied as yet. Motion Based on the testimony and evidence presented in Case #99-147, and having considered the gravity of the violations, the actions taken by the Respondents, and any and all previous violations committed by the Respondents, Mr. Foot moved that this Board find that Deborah and Richard Roberts, Jr. have violated this Board’s prior Order of August 18, 1999, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Lambert. Motion carried 7-0. th Case #99-502 Roger Banks & Esmeralda Clinton 220 SW 4 Avenue Inspector Lewis stated the property was cited on March 23, 1999 for violation of the City’s Community Appearance Code. The respondent appeared at the June 16, 1999 Code Compliance Hearing. A compliance date of September 13, 1999 was set or be fined $25.00 per day. The property has not complied. Motion Based on the testimony and evidence presented in Case #99-502, and having considered the gravity of the violations, the actions taken by the Respondents, and any and all previous violations committed by the Respondents, Mr. Foot moved that this Board find that Roger Banks and Esmeralda Clinton have violated this Board’s prior Order of June 16, 1999, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Lambert. Ms. Williams asked what the exact violations were. Inspector Lewis stated that the driveway needs to be repaired, clean up property and all trash and debris, plant grass in dead areas of the swale and yard west of the driveway. Mr. Lewis said he had 41 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 photographs if any Board member wished to review them and presented the photographs to Ms. Williams. Motion carried 7-0. th Case #99-700 Kevin Ballard, Inc. 522 NW 10 Avenue th 248 NW 4 Avenue Delray Beach, FL 33444 Inspector Webb stated the violation notice was dated April 8, 1999 for permit required. No one appeared at the Code Compliance Board Hearing date on August 18, 1999. A compliance date of August 28, 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 #99-700, 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 Kevin Ballard, Inc. has violated this Board’s prior Order of August 18, 1999, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondent come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Foot. Motion carried 7-0. th Case #99-702 Kevin Ballard, Inc. 522 NW 10 Avenue th 248 NW 14 Avenue Delray Beach, FL 33444 Inspector Webb stated the property was originally cited on April 8, 1999 for violation of an occupational license required. No one appeared at the August 18, 1999 Compliance Board Hearing and compliance date of August 28, 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 #99-702, 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 Kevin Ballard, Inc. has violated this Board’s prior Order of August 18, 1999, and this Board impose and certify a fine in the amount of $25.00 per day, plus 42 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 administrative costs, which shall continue to accrue until the Respondent come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Foot. Motion carried 7-0. th Case #99-898 George Martin 208 NE 11 Avenue rd 1015 NW 3 Street Boynton Beach, FL 33435 Inspector Webb stated the property was originally cited on April 21, 1999 for violation of occupational license required. No one appeared at the August 18, 1999 hearing date. A compliance date of August 28, 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 #99-898, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Lambert moved that this Board find that George Martin has violated this Board’s prior Order of August 18, 1999, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondent come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Foot. Motion carried 7-0. th Case #99-1040 Helen Gamble 230 NW 12 Avenue Inspector Webb stated the property was originally cited on May 5, 1999 for violation of the Community Appearance Code. No one appeared at the July 21, 1999 Code Compliance Hearing date. A compliance date of August 5, 1999 was set or be fined $25.00 per day. The property complied on August 11, 1999 for five days of non- compliance. The City recommends no fine. Motion Based on the testimony and evidence presented in Case No. 99-1040, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondent, Helen Gamble, was in violation of Code Sections Chapter 15, Article IX-15-120(D), subsequent to the date of compliance specified in this Board’s Order of July 21, 1999. Mr. Lambert moved that this Board find that the Respondent failed to comply with this Board’s Order, and 43 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 that this Board impose and certify no fine or administrative costs in this case. Motion seconded by Mr. Foot. Motion carried 7-0. th Case #99-1188 Kadar & Karla, Inc. 916 NW 4 Street nd 890 SW 42 Avenue Davie, Florida 33317 Inspector Webb stated the property was originally cited on May 27, 1999 for violation of the Community Appearance Code. No one appeared at the July 21, 1999 Code Compliance Board Hearing. A compliance date of August 16, 1999 was set or be fined $25.00 per day. The property has not yet complied. Motion Based on the testimony and evidence presented in Case #99-1188, 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 Kadar & Karla, Inc. have violated this Board’s prior Order of July 21, 1999, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Foot. Motion carried 7-0. rd Case #99-1454 Glenda L. Johnson 420 NW 3 Street Inspector Webb stated the property was originally cited on June 17, 1999 for violation of permit required. The respondent did not appear at the August 18, 1999 Code Compliance Board Hearing. A compliance date of September 13, 1999 was set or be fined $25.00 per day. The property has not yet complied. Motion Based on the testimony and evidence presented in Case #99-1454, 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 Glenda L. Johnson has violated this Board’s prior Order of August 18, 1999, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondent come into 44 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Foot. Motion carried 7-0. VII. OTHER BUSINESS A. AUTHORIZATION TO FORECLOSE Case No. 98-1456 Joe and Olga Espinoza, Jr. Case No. 98-1571 Crystal Simpson Case No. 98-3097 Lisha Thompson Case No. 98-3222 Christopher Nelson Case No. 98-2168 Lucio & Marian Garcia Case No. 98-3621 Lucio & Marian Garcia Case No. 98-3622 Lucio & Marian Garcia Case No. 98-3630 David Nicholls Case No. 98-3842 Fredericka Dixon Case No. 98-3920 Shellie & Jacob Rus Case No. 98-4057 Louis & Arthur Josaphat Case No. 98-2420 Marc St. Juste & P. Supreme Case No. 98-3783 Percival & Hazel Rowe Case No. 98-4035 Albert Hutson Case No. 98-4044 Sherleen Riley Case No. 98-4112 Willie and Paula Knowles, Jr. Case No. 98-4188 Andre St. Juste Case No. 99-0088 Pablo M. Rogelio Case No. 98-2593 Fair Lanes Boynton Beach Case No. 98-3372 Hampton Enterprises Case No. 98-3455 Marta Pehouhy Case No. 98-3458 Guy & Cheryl Evans Case No. 99-0146 Boynton Industrial Park Association (Crown Realty/David Rustine) Case No. 99-242 Iluminada Morse Case No. 98-777 Asanath Brown Case No. 98-2962 Pablo Rogelio Case No. 98-2275 Jean & Elhanise Chery Case No. 98-3641 Diane Copeland Tr. Case No. 99-0081 Jerry & Elaine Hyman Case No. 98-1639 Perry & Patricia Patterson Case No. 98-1971 Art Krell Case No. 98-3147 Carolyn Allen Case No. 98-3216 Nikolaos Rombakis 45 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 Case No. 98-3358 Robert Bridges Case No. 98-3513 Shellie & Jacob Rus Case No. 98-3556 Ida White Est. Case No. 98-3856 R. Charles & M. Luma Case No. 98-3967 Maria & Lucio Garcia Case No. 99-291 Essie Mays Motion Mr. Lambert moved that the above cases listed on tonight’s Agenda be forwarded to the City Attorney’s Office for foreclosure. Motion seconded by Mr. Foot. Motion carried 7-0. B. Provision to Assess Higher Fines. Mr. Foot made reference to a letter Board Members received from Assistant City Attorney Igwe informing them that the Florida Statutes have been changed that would allow this Board to assess higher fines in Cities with populations over 50,000. This has to be adopted by the City Commission by a majority vote plus one. Mr. Foot would like the Board to recommend to the City Commission to allow the Board to adopt the new statutes in the event there are cases where the higher limits would be justified. Chairman DeLiso requested that Assistant City Attorney Igwe draft a letter to present to the City Commission to act upon this request. Chairman DeLiso noted that the Board’s intent is not to punish or hurt people, but he does want to see compliance. Motion Mr. Foot moved to that this Board request that the City Commission consider adopting an Ordinance that would provide for higher fine limits as allowed by Florida Statutes. Motion seconded by Mr. Lambert. Motion carried 7-0. Mr. Blasie said that the new higher limits would be good for assessing environmental type fines or for violations that cannot be repaired. Mr. Blasie said that he would coordinate preparing an Agenda Item with Assistant City Attorney Igwe. C.Discussion on the issue of Staying Late Vice Chair Hammer expressed concern that some of the Board members don’t like staying until 11:30 a.m. or 12 midnight for meetings. The last meeting before the 46 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 hurricane didn’t end until 12:30 in the morning. Vice Chair Hammer suggested starting the meetings an hour earlier or having the meetings more than once a month. Mr. Blasie said it would be too difficult to split the meeting dates because people have already been notified of the meeting date. Mr. Lambert does not feel there is a need for the meetings to start earlier and it is rare when meetings go as late as the last one. Mr. Blasie said that staff could monitor the agenda to make sure that it doesn’t get too large, by limiting the amount of hearing letters that are sent out. Mr. Foot questioned if beginning at 6:00 p.m. might be a hardship on the public having to appear earlier. Ms. Williams also has concerns about staying so late. She felt it was unfair to have to make decisions that impact people’s lives late at night. She suggested splitting the meetings to have the more important cases heard at one meeting and the lesser important cases heard at another meeting. Assistant City Attorney Igwe said that almost all Board meetings have ended before 11:00 p.m. and suggested letting Mr. Blasie handle the time of the meeting administratively for the next few months and see how that works out. The Board could then consider if they would like to have their meetings twice monthly. Mr. Blasie stated that in the past many, many meetings lasted until midnight. This month the cut-off date was moved up and it helped to keep tonight’s agenda in a manageable situation. Mr. Rossi suggested that Mr. Blasie make an assessment of what other cities do to determine how they handle their Code Enforcement meetings. Mr. Rossi brought up the issue of a special master being used for certain cases. Mr. Blasie said that through his experience with the Florida Code Compliance Association that special masters are usually used for people who come in and plead no contest and are more administrative. Assistant City Attorney Igwe stated that according to the statute a City could either opt for a Board or a special master. This City has opted for a Board; therefore this would be moot, unless you go back to the Commission. Mr. Blasie said he would look at other cities and report back to the Board at the next meeting. C. Agenda Preparation and Availability to the Board Members Mr. Blasie noted that a Board member asked him for an agenda in advance of the meeting. Staff has never had a policy of releasing an agenda to members in advance. Mr. Blasie was under the assumption that agendas were not to be distributed in advance of the meeting and apologized to Ms. Williams who thought she was supposed to receive an agenda in advance. 47 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 Mr. Blasie said that Ms. Williams asked the legal department about this and Mr. Blasie said that the legal department informed him that there was nothing in the statute that would prohibit distributing the agenda in advance. Mr. Blasie pointed out that the agenda changes drastically the day of the meeting and to prepare the agenda a day or two in advance is not practical. The agenda is usually completed by 3:00 p.m. on the afternoon of the hearing and if any Board member would like to receive the agenda at that time, he would be happy to have it available between 4:00 p.m. and 5:00 p.m. on the meeting date. Mr. Lambert said that all prior legal counsels have recommended not giving the agenda out in advance, because Board members are not supposed to become involved in the cases they would be hearing and judging. Also this would put a time constraint on staff. Mr. Lambert did not think it would be fair to put this kind of burden on staff. Assistant City Attorney Igwe stated that this Board should not initiate enforcement action and that is why there is an unwritten policy that agendas are not made available prior to the meeting. However, Attorney Igwe said there is nothing that would stop a Board member from picking up an agenda in advance of the meeting, whenever it is ready. Board members must understand that they cannot initiate enforcement action, but could pick up their agenda and study it somewhat in advance of the meeting. It must be understood that if an agenda is picked up in advance of a meeting, Board members are not supposed to go and look at properties or to discuss the cases. The City Attorney’s position is that staff should take its time in preparing the agenda and make it available as soon as it is ready. Staff should not be hard-pressed to get the agenda completed. Ms. Williams said that she appreciates all the work that the code officers do and said she does not want to see the agenda in advance to go out and look at property. Ms. Williams said she is new on the Board and likes to come to meetings prepared. Ms. Williams said she would feel more comfortable on the Board if she could acclimate herself to the agenda. She feels it is hard to participate because of the overwhelming amount of cases and information that need to be digested. Mr. Rossi feels if staff starts to distribute advance copies of the agenda to Board members, it should be clearly noted on the agenda that this is not the final document and cannot be relied upon as complete. Mr. Rossi said he has been on the Board for 16 years and never got an agenda in advance. Mr. Foot acknowledged that when a member is new on the Board, the agenda can be overwhelming. He said that by looking at the agenda in advance, Board members could 48 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA OCTOBER 20, 1999 at least familiarize themselves with how the agenda is prepared and presented. Mr. Lambert suggested that the new members take home tonight’s agenda and study it in order to familiarize themselves with it. Assistant Attorney Igwe said this is a trivial matter and there is nothing in the law that says staff could or could not make the agenda available. What it comes down to is a policy making decision. To repeat, the City Attorney’s position is that no one is going to put pressure on staff to get the agenda done or to put out a half done agenda. Staff will not put the agenda out until it is complete. VII. ADJOURNMENT Motion Mr. Lambert moved to adjourn. Motion seconded by Mr. Foot. The meeting properly adjourned at 10:50 p.m. Respectfully submitted, _______________________________ Barbara M. Madden Recording Secretary (four tapes) 49