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Minutes 01-19-00 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, JANUARY 19, 2000 at 7:00 P.M. PRESENT Christopher DeLiso, Chairman Nicholas Igwe, Assistant City Bob Foot Attorney Patti Hammer, Vice Chair ( Scott Blasie, Code Compliance went home sick) Dick Lambert Administrator James Miriana Inspectors: Ralph Barquin Enrico Rossi Courtney Cain Sarah Williams Luney Guillaume Thomas Walsh, Alternate Skip Lewis Mike Melillo Pete Roy Willie Webb I. CALL TO ORDER Chairman DeLiso called the meeting to order at 7:05 p.m. II. APPROVAL OF MINUTES OF DECEMBER 15, 1999 MEETING Chairman DeLiso called for a motion to approve the minutes of the December 15, 1999. Motion Mr. Foot moved that the minutes of the December 15, 1999 meeting be approved, subject to the following changes: On Page 2, the fourth full paragraph, the word “undue” should be changed to “undo”. On Page 18, in the fifth full paragraph, Mr. Blasie is referred to as “Chairman Blasie”, which is incorrect. Mr. Miriana requested that on Page 14 in the fourth full paragraph of the first sentence, the word “has” should be changed to “was”. MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA January 19, 2000 Mr. Lambert seconded the motion to approve the minutes as amended. Motion carried 7-0. III. APPROVAL OF THE AGENDA Chairman DeLiso asked Mr. Blasie if there were any additions or deletions to the Agenda. Mr. Blasie stated that there was only one deletion as follows: A. Page 11 (Case No. 99-2753) D.C. & Elaine Baker (complied) Motion Mr. Foot moved that the Agenda, as amended, be approved. Motion seconded by Mr. Lambert. Motion unanimously carried. Chairman DeLiso requested that after Foreclosures, he would like to make an announcement. Mr. Blasie introduced the newest member of the Code Compliance Department, Mr. Vestiguerne Pierre, who has worked for Public Works for many years. Chairman DeLiso extended congratulations to Pedro Raga who is going to the Police Department as a police officer beginning in January. IV. SWEARING IN OF WITNESSES AND INTRODUCTION Chairman DeLiso requested that Mr. Blasie call the roll. Mr. Blasie asked that all persons who were present to please say “here” when their names were called. Chairman DeLiso requested that the Recording Secretary administer the oath to all persons who would be testifying this evening. V. NEW BUSINESS Chairman DeLiso stated that this Board follows Florida State Statutes. The Board is a quasi-judicial Board and has a plea system. When a person comes up to the podium he or she should state his or her name and address for the record. If you feel that the violation does occur at your property, but you need more time to bring the property into compliance, you can plead “no contest” and ask for a reasonable amount of time to bring the property into compliance. If the Board determines that the time needed to comply is reasonable, the Board usually will grant the time to bring the property into compliance. If in fact, the property is brought into compliance within that time, you do not need to re-appear before this 2 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA January 19, 2000 Board. A person can plead “not guilty” if he feels that a violation on the property does not exist. In that instance, the City would put on their case and the respondent will present his case. The Board would then determine if a violation does in fact occur at the property. A reasonable amount of time will be given if you are found guilty to bring the property into compliance. However, if the violation is not corrected, a fine will begin to accrue and the respondent will have to reappear before this Board. A. CASES TO BE HEARD Case No. 99-2573: Gail G. Jensen & Ronald J. Ellis Property Address: 711 Ocean Inlet Drive Description: Chapter 15, Article IX-15-120 (D), Inc., 120 (E), Inc. and 10-3 B.B.C. of Ord.; Remove all loose debris from property; trim all overgrowth of trees and hedges, resod areas void of grass, replace all rotted wood and paint; screen required soffit vents; hurricane hazards. Inspector Roy stated the case was originally cited on October 12, 1999 through a neighborhood complaint. Service was accomplished by posting and the respondent is present tonight. Mr. Ronald Ellis, 711 Ocean Inlet Drive, Boynton Beach took the podium and pled no contest. The respondent requested 60 days for compliance. Inspector Roy stated that most of the debris has been cleaned up, but there is some construction work necessary on the house. Motion Based on the testimony and evidence presented in Case No. 99-2573, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Gail G. Jensen & Ronald J. Ellis are in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc., 120 (E), Inc. and 10-3 of the B.B.C. of Ordinances. Mr. Lambert moved to order that the Respondents correct the . violations on or before March 13, 2000If the respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. Motion carried 7-0. 3 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA January 19, 2000 Case No. 99-2392: Katherine E. Blair th Property Address: 332 SW 5 Lane Description: Chapter 15, Article IX-15-120 (D), 1, Inc. and 15-16 B.B.C. of Ord.; All overgrown vegetation needs to be cut and all debris removed; A visible street number is required. Inspector Lewis stated the case was originally cited on September 23, 1999 and that the respondent was present. th Ms. Katherine E. Blair, 332 SW 5 Lane, Boynton Beach took the podium and said she is in the process of getting rid of the damage left by Hurricane Irene and has hired people to cut down the limbs on the damaged trees. The respondent pled no contest and requested 60 days. Motion Based on the testimony and evidence presented in Case No. 99-2392, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Katherine E. Blair is in violation of Code Sections Chapter 15, Article IX- 15-120 (D) 1, Inc., and 15-16 of the B.B. C. of Ordinances. Mr. Lambert moved to . order that the Respondent correct the violations on or before March 13, 2000If the respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Williams. Motion carried 7-0. Chairman DeLiso announced that Mr. Walsh is a voting member since Ms. Hammer was ill and also informed the Board that Ms. Sarah Williams has been moved up on the Board as a regular member. VI. OLD BUSINESS A. LIEN PENALTY CERTIFICATIONS (Tabled) th Case #99-1899 Pence Properties, Inc. 413 SE 4 Street th 1622 NE 4 Street Boynton Beach, FL 33435 4 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA January 19, 2000 Inspector Lewis stated the property was originally cited on July 30, 1999 for Occupational License required. No one appeared at the Code Compliance Board hearing on October 20, 1999. The property complied on January 13, 2000 or 58 days of non-compliance. The certification of fine had been tabled and the respondent did appear. Inspector Lewis stated that the respondent passed the inspections with the Fire Department and the City is recommending no fine. Mr. Michael Bowden, 4283 Fox Choice, Boynton Beach took the podium and stated that they have complied with everything the City asked them to do. Chairman DeLiso asked why it took an extra 58 days for compliance. Mr. Bowden stated that there was a hardship in finding a contractor that the City required to do the work. Also, the respondent stated they had difficulty dealing with the various City departments and the City was requiring door closures. Mr. Bowden said that he had windows placed in the porch and did not realize that the work had to be performed by a licensed contractor and therefore the City required that the windows be taken out and put in by a licensed contractor. This is the reason for the additional 58 days. Mr. Foot asked why the City was recommending no fine. Inspector Lewis said that because of the miscommunications with the City departments and because the units are over four, the property must be signed off by the Fire Department and the Building Department for the minor repairs. Motion Based on the testimony and evidence presented in Case No. 99-1899, Mr. Foot moved that this Board find, as a matter of fact, that the Respondent was in violation of Code Sections 13-16 of the B.B.C. of Ordinances, subsequent to the date of compliance specified in this Board’s Order of October 20, 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. Lambert. Motion carried 7-0. th Case #99-1901 Michael W. Bowden 407 SE 4 Street th 1622 NE 4 Street Boynton Beach, FL 33435 Inspector Lewis stated that the property was cited on July 30, 1999 for violation of the Community Appearance Code and the Land Development Regulations. At the Code Compliance Board Hearing held on October 20, 1999 no one appeared and a compliance date of November 15, 1999 was set or be fined $25.00 per day. The property complied on January 12, 2000 for 57 days of non-compliance. 5 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA January 19, 2000 th Mr. Bowden did appear at the December 15 Certification of Fine Hearing and the case was tabled. Inspector Lewis presented a photograph of the front of the property and said that all permits have passed. Inspector Lewis said the City recommends no fine. Mr. Foot asked why the City was recommending no fine and Inspector Lewis stated that the work the respondent was cited for involved permits being pulled and a contractor had to be hired to perform the work. Also, plans had to be submitted and approved. Motion Based on the testimony and evidence presented in Case No. 99-1901, 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) 1.D, (E) 2.C, PT3- LDR, Chapter 20, VIII, Section 2.A, PT3-LDR, Chapter 20-VIII, Section 2.D and SBC ’94 104.1.1 of the City Code of Ordinances, subsequent to the date of compliance specified in this Board’s Order of October 20, 1999. Mr. Lambert moved that this Board find that the Respondent failed to comply with this Board’s Order and that this Board impose and certify no fine or administrative costs in this case. Motion seconded by Mr. Miriana. Motion carried 7-0. th Case #99-2009 George & Alma Diamond 181 NE 18 Avenue th 1606 NW 24 Street Boynton Beach, FL 33436 Inspector Melillo stated that the property was cited on August 11, 1999 for violation of the City’s Community Appearance Code. No one appeared at the November 17, 1999 hearing date. A compliance date of December 13, 1999 was set or be fined $25.00 per day. The property has not complied to date for 37 days and the respondent is present. th Ms. Alma Diamond, 1606 NW 24 Street, Boynton Beach took the podium. Chairman DeLiso asked the respondent why she was not in compliance and she said she has a lot of health problems with her husband, who has been in the hospital and he has to go back for surgery. The respondent stated she needed time for compliance because the tenants don’t listen to her and when she rented the property she rented to two adults and one child and now there are about 50 people in the house. Ms. Diamond said she would be initiating eviction proceedings against the tenants. Chairman DeLiso requested to view the photographs of the property. 6 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA January 19, 2000 Mr. Lambert explained to the respondent that the Board could table the case, but that the fine would keep running. Inspector Melillo said he has worked with Ms. Diamond in the past and she has always taken care of the property and he confirmed that the problem is with the tenants. Inspector Melillo said that the tenants need to clean up the swale and the grass and there are unregistered cars that come and go and there are carpets on top of the cars. Inspector Melillo confirmed that sometimes there are ten people on the premises and other times there are only two. Motion Mr. Lambert moved that Case No. 99-2009 be tabled until the Code Compliance Board meeting to be held on March 15, 2000. Motion seconded by Ms. Williams. Chairman DeLiso felt that the case should be tabled for only 30 days in order to determine the progress that the respondent has made. Mr. Lambert amended his motion to change the meeting date to February 16, 2000. Mr. Rossi seconded the amended motion. Mr. Foot did not think that the respondent would have enough time to come back within 30 days and should be given 60 days. Mr. Foot suggested that staff could give a status report. Chairman DeLiso disagreed considering the condition that the property was currently in. Motion carried 6-1 ). (Mr. Foot dissenting CASES TO BE HEARD Case #99-2687 Antoine A. Delian & Marie E. Premier nd Property Address: 1521 NE 2 Street Violations: Chapter 15, Article IX-15-120 (E) 2A; Please paint your house including your garage door and fascia, soffit areas. Chairman DeLiso requested that the Recording Secretary administer the oath to the respondent. Inspector Melillo stated the case was originally cited on December 2, 1999 through routine inspection of the neighborhood. Service was accomplished by posting and the respondent is present. nd Ms. Delian, 1521 NE 2 Street, Boynton Beach took the podium and pled no contest. The respondent requested 60 days and Inspector Melillo stated that he 7 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA January 19, 2000 referred the respondents to the Community Development Office for assistance and the respondents said they would be contacting Ms. Sherrod’s office. Inspector Melillo stated that the respondents needed assistance and that 60 days should be sufficient. Motion Based on the testimony and evidence presented in Case No. 99-2687, Ms. Williams moved that this Board find, as a matter of fact, and as a conclusion of law that Antoine A. Delian and Marie E. Premier are in violation of Code Sections Chapter 15, Article IX-15-120 (E) 2A of the City Code of Ordinances. Ms. Williams moved to order that the Respondents correct the violations on or before . March 13, 2000If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. Motion carried 7-0. Case #99-2831 Joseph DeRose & Rony Dolcine st Property Address: 1626 NE 1 Street Violations: Chapter 15, Article IX-15-120 (D) .1A; Please remove all loose trash and debris from yard; register or remove all unregistered motor vehicles. Inspector Melillo stated the property was originally cited on November 23, 1999 through routine inspection of the neighborhood. Service was accomplished by certified mail and the respondent is present tonight. st Mr. Rony Dolcine, 1626 NE 1 Street, Boynton Beach took the podium and pled no contest. Mr. Dolcine requested 30 days and staff agreed. Motion Based on the testimony and evidence presented in Case No. 99-2831, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Joseph DeRose and Rony Dolcine are in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1A of the City Code of Ordinances. Mr. Lambert moved to order that the Respondents correct the violations on or before . February 14, 2000If 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 8 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA January 19, 2000 Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. Motion carried 7-0. C. LIEN REDUCTIONS Case #99-1516 David & Flora Millines 102 Seacrest Court Mr. Blasie stated the case was originally cited on June 23, 1999 for violations of the City’s Community Appearance Code. There were lawn maintenance trailers and car repairs were taking place on the property. Also, the right of way between the sidewalk and the street had no grass. The case first came before the Board on August 18, 1999 and the respondent did appear. A compliance date of October 13, 1999 was set or be fined $25.00 per day. The property complied on December 15, 1999. Mr. Blasie pointed out that this was a cease and desist order and there were five days of non-compliance that were documented. This totaled $125.00 and administrative costs in the case were $672.21. Mr. Blasie had photographs of the property prior to compliance and after compliance. Mr. Blasie showed the photographs to Mr. Millines before presenting them to the Board. Mr. David Millines, 102 Seacrest Court, Boynton Beach took the podium. Mr. Millines said he lost the letter that he received last month and did not realize that his compliance time had expired. When he came to the Code Compliance Office he determined that his time had run out. Mr. Millines said at first he was going to put grass seed in the swale, but later determined to purchase a pallet of grass instead. This is why the time ran out. Also, the vehicle that was on the property was not always on the property, but was in and out of the shop and was being worked on. Mr. Millines said that everything has been done, the grass is in and also he pressure cleaned the driveway. Mr. Millines said he would appreciate it very much if the fines levied against him could be withdrawn because it would be a financial hardship upon him. Chairman DeLiso commented that the respondent’s property looked wonderful and reminded Board members that Mr. Millines paid $200 to appear before the Board tonight. Mr. Foot asked for clarification of the dates since the compliance date set by the Board was October 14, 1999 and the property complied on December 15, 1999 and yet there were only five days of non-compliance. Mr. Blasie explained that 9 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA January 19, 2000 the order was a cease and desist order and therefore every time staff documented a violation a $25.00 fine accrued and there were five occurrences which resulted in fines of $125.00. Assistant City Attorney Igwe requested that Mr. Millines state on the record that the pictures presented to him are pictures of his property. Mr. Millines replied that they are photographs of his property. Mr. Blasie stated that the cease and desist order was for the auto repair. Normally, staff does not get cease and desist orders for grass. Mr. Lambert asked for clarification if there were auto repairs taking place on the property and Mr. Blasie stated that there was evidence from prior photos that repairs were taking place in the driveway. Mr. Millines said the car is no longer there. Mr. Lambert asked what staff is recommending and Mr. Blasie stated staff would recommend no fine since the respondent has already paid $200. If you deduct the $200, there is $597.21 owing the City. Motion Based on the testimony and evidence presented in Case No. 99-1516, and having been advised that the Respondents have complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Lambert moved that this Board recommend to the City Commission that no fine or administrative costs be instituted in this case by virtue of the Board’s Order of August 18, 1999. Motion seconded by Ms. Williams. Mr. Foot said he has concerns about the number of occurrences of violations before the case was brought into compliance and said the Board is not helping the City by permitting someone to violate the law and not be penalized. Ms. Williams stated that Mr. Millines has done a terrific job and noted that Mr. Millines lives in an area where it is difficult to maintain one’s property. She felt he should be commended on the work he has done. Mr. Miriana also felt the respondent has done a wonderful job with the property. Motion carried 6-1 (Mr. Foot dissenting). Mr. Rossi asked if the cease and desist would end tonight. Mr. Blasie said that the cease and desist would stop once the City Commission makes a final determination on the case. Assistant City Attorney Igwe stated that the Board is making a recommendation to the City Commission and everything stays in effect until the Commission approves it. 10 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA January 19, 2000 Inspector Melillo said that the respondent has been very cooperative and has tried to get the car situation straightened out and also there were unregistered trailers on the property and he got rid of those and pressure cleaned the driveway and the sidewalk. Inspector Melillo felt that the respondent went above and beyond what he had to do to make his property comply. CHAIRMAN DeLISO CALLED FOR A RECESS AT 7:55 P.M. THE MEETING RECONVENED AT 8:10 P.M. CASES TO BE HEARD Case #99-2859 Paul J. Remy & Martha Albert Property Address: 171 Ocean Parkway Violations: SBC ’94 ED 105.6; Permit #98-5010; Inspections required on work being done. Inspector Cain stated that the property was originally cited on November 29, 1999 and is a red tag from the Building Department. The City recommends 14 days. Motion Based on the testimony and evidence presented in Case No. 99-2859, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Paul J. Remy and Martha Albert are in violation of Code Sections SBC ’94 ED 105.6 of the City Code of Ordinances, Mr. Foot moved to order that the . Respondents correct the violations on or before February 2, 2000If the respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Lambert. Motion carried 7-0. Case #99-4128 Jack A. Jackson nd Property Address: 2651 NW 2 Street Violations: Chapter 15, Article IX-15-120 (D), Inc., 120 (E), Inc. and SBC ’94 ED 104.1.1; Replace all rotten wood and fascia boards on roof area and porch; apply 11 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA January 19, 2000 for proper permits; install sod in yard and swale area and remove all trash. Inspector Barquin stated the property was originally cited on December 2, 1998 through routine inspection. Service was made by posting and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-4128, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Jack A. Jackson is in violation of Code Sections Chapter 15, Article IX- 15-120 (D), Inc., 120 (E), Inc. and SBC ’94 ED 104.1.1 of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the . violations on or before February 14, 2000If the respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana. Motion carried 7-0. Case #99-2507 James Batmasian nd Property Address: 2651 NW 2 Street Violations: SBC ’94 ED 104.6.1; Permit #98-4691; Red tag dated September 29, 1999. Mr. Blasie stated that this case has complied and the only item remaining is to determine if the respondent has to pay a penalty fee for the permit. Mr. Blasie requested that the case be removed from the agenda. Motion Mr. Foot moved that Case No. 99-2507 be removed from the agenda. Motion seconded by Mr. Lambert. Motion carried 7-0. Case #99-2584 Dorothy Andrews th Property Address: 417 NW 13 Avenue Violations: Chapter 15, Article IX-15-120 (D) .1A, 120 (D) 1.H; Please remove all loose trash and debris from front and sides of property; trim trees and bushes. 12 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA January 19, 2000 Inspector Webb stated the property was originally cited on October 12, 1999 through routine neighborhood inspection. Service was obtained by certified mail and staff recommends 60 days. Motion Based on the testimony and evidence presented in Case No. 99-2584, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Dorothy Andrews is in violation of Code Sections Chapter 15, Article IX- 15-120 (D) .1A and 120 (D) 1.H of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before March 13, . 2000If the respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana. Motion carried 7-0. Case #99-2826 Barnett Bank th Property Address: 141 NE 9 Avenue Violations: Chapter 15 – Article IX-15-120 (D) .1A and 120 (D) 1.E; Repair storage room door; mow weeds and trim bushes; remove all loose trash and debris Inspector Webb stated the property was originally cited on November 23, 1999 through routine neighborhood inspection. Service was obtained by certified mail and staff recommends 15 days. Motion Based on the testimony and evidence presented in Case No. 99-2826, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Barnett Bank is in violation of Code Sections Chapter 15, Article IX-15- 120 (D) .1A and 120 (D) 1.E of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before February 3, . 2000If the respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Rossi. Motion carried 7-0. 13 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA January 19, 2000 Case #99-0487 James R. and Cheryl Mathis th Property Address: 360 NW 16 Court Violations: Chapter 15 – Article IX-15-120 (D) INC.; Please remove all loose trash and debris from yard and carport; install grass where bare spots occur. Inspector Melillo stated the property was originally cited on March 1, 1999 through routine neighborhood inspection. Service was accomplished by hand carry and the City recommends 90 days. Inspector Melillo stated he spoke with the respondents today and there was a death in the family and they could not be present tonight and asked for 90 days. Motion Based on the testimony and evidence presented in Case No. 99-0487, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that James R. and Cheryl Mathis 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 April 17, . 2000If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. Motion carried 7-0. Case #99-2835 Andre St. Juste th Property Address: 440 NE 14 Avenue Violations: Chapter 15 – Article IX-15-120 (D) .1A; Please remove all trash and debris including rugs, appliances and other loose, miscellaneous items. Inspector Melillo stated that the case was originally cited on November 23, 1999 through routine inspection of the neighborhood. Service was accomplished by certified mail and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-2835, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Andre St. Juste is in violation of Code Sections Chapter 15, Article IX- 15-120 (D) .1A of the City Code of Ordinances. Mr. Lambert moved to order that 14 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA January 19, 2000 . the Respondent correct the violations on or before February 14, 2000If the respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriana. Mr. Foot stated that Mr. St. Juste is a repeat “violator”. Chairman DeLiso asked if this were the same house with the tarp on the roof and was informed it was. Chairman DeLiso asked why this property was being cited again and he thought that the property was going to be demolished. Assistant City Attorney Igwe said he was unaware of this. Mr. Blasie replied that the City has not pursued demolition. The property has a lien on it and the City has been trying to unravel the federal bankruptcy case. Mr. Lambert asked why the property was being cited this time and Inspector Melillo stated it was for cars, car parts and trash and debris in the yard. Also, there are rugs in the driveway. Attorney Igwe stated this is a problem case and he had been told on several occasions that the City wanted to foreclose on the property, but because of the bankruptcy there is a difficulty. Attorney Igwe noted that the respondent has other properties in the City and he will meet with Mr. Blasie and review the situation to determine if it would be feasible to foreclose on any of the properties. Chairman DeLiso requested that the City look into demolishing the property and Mr. Blasie stated that the roof is deceiving and is in generally good condition. Mr. Lambert amended his motion to increase the fine to $50.00 per day. Mr. Foot seconded the amended motion. Motion carried 7-0. Case #99-2858 1420 Holdings LLC th Property Address: 1420 SW 30 Avenue Violations: Chapter 10, Article II, Section 10-25, INC.; PT 3-LDR, Chapter 2, Section 8.A, INC., PT 3-LDR, Chapter 4, Section 11; PT 3-LDR, Chapter 2.S.8A.5.B (13); PT 3-LDR, Chapter 23, Article II.O; and PT 3-LDR, Chapter 7.5-11, Section 5.B; Replace all missing or dead hedge material; re-sod swale area; open storage of 15 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA January 19, 2000 materials is prohibited; no work to be performed outside of building; parking spaces to be kept free of product; fire lane to be kept clear of vehicles and product; repair holes, seal and strip parking lot; replace all broken or missing wheel stops; remove all trash and debris and maintain dumpster area trash free. Inspector Roy stated that the property was originally cited on November 24, 1999 through routine inspection and service was made by certified mail. Inspector Roy stated that the owner has been doing some work and was at the meeting earlier tonight, but had to leave. He explained to Inspector Roy what he intended to with the property. He is a new owner and has only owned the property for four months. The respondent intends to submit a revision to the site plan and asked if he could have until September 1, 2000 for compliance. The respondent intends to redo the parking lot and it is not in that serious condition. He intends to change the layout and this has to go through the Building Department. Inspector Roy said he is working on some of the violations st and some have complied. Inspector Roy agreed to the September 1 date. Motion Based on the testimony and evidence presented in Case No. 99-2858, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that 1420 Holdings LLC is in violation of Code Sections Chapter 10, Article II, Section 10-25, INC.; PT 3-LDR, Chapter 2, Section 8.A, INC., PT 3-LDR, Chapter 4, Section 11; PT 3-LDR, Chapter 2.S.8A.5.B (13); PT 3-LDR, Chapter 23, Article II.O; and PT 3-LDR, Chapter 7.5-11, Section 5.B of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the . violations on or before September 1, 2000If the respondent does not comply with this Order, a fine in the amount of $50.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Williams. Motion carried 7-0. Case #99-2399 Nicholas J. Chimienti rd Property Address: 333 SW 3 Street Violations: Chapter 15, Article IX-15-120(D) 1, INC, Section 10-2 and 15-16 B.B.C. of Ord.; All overgrown 16 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA January 19, 2000 weeds, trees, and hedges need to be cut; hedges and trees obstructing the sidewalk right- of-way need to be cut; visible street number is required. Inspector Lewis stated that the property was originally cited on September 23, 1999 and the City recommends 30 days. Service was made by posting. Motion Based on the testimony and evidence presented in Case No. 99-2399, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Nicholas J. Chimienti is in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1, INC, Sections 10-2 and 15-16 of the B.B.C. of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before . February 14, 2000If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. Motion carried 7-0. Case #99-2490 David R. & Sherry L. Syrkus th Property Address: 409 SW 4 Street Violations: Chapter 15, Article IX-15-120 (D) 1, INC. and 10-2 B.B.C. of Ord.; Property needs to be mowed and all overgrowth cut; trash and debris need to be removed. Inspector Lewis stated that the property was originally cited on October 4, 1999. Service was obtained by posting and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 99-2490, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that David R. and Sherry L. Syrkus are in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1, INC. and 10-2 of the B.B.C. of Ordinances. Mr. Lambert moved to order that the Respondents correct the violations on or before . February 14, 2000If 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 17 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA January 19, 2000 Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Rossi. Motion carried 7-0. Case #99-2785 Linda & Charles L. Leemon, III Property Address: 501 W. Ocean Avenue and NW th 4 Street Violations: Chapter 15, Article IX-15-120 (D) 1, INC. and 10-2 B.B.C. of Ord.; Please mow vacant lot; any items stored on the vacant lot need to be removed; overgrowth and/or debris Inspector Lewis stated the property was originally cited on November 16, 1999. Service was made by certified mail and the City recommends 45 days. Motion Based on the testimony and evidence presented in Case No. 99-2785, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Linda and Charles L. Leemon, III are in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1, INC. and 10-2 of the B.B.C. of Ordinances. Mr. Foot moved to order that the Respondents correct the violations on or before February . 29, 2000If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Williams. Motion carried 7-0. Case #99-2786 Linda & Charles L. Leemon, III Property Address: 501 W. Ocean Avenue and NW th 4 Street, Vacant lot in front; same location as prior case. Violations: Chapter 15, Article IX-15-120 (D) 1, INC. and 10-2 B.B.C. of Ord.; Vacant lot needs to be mowed; Florida Holly trees need to be removed; Overgrowth and/or debris. 18 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA January 19, 2000 Inspector Lewis stated the case was originally cited on November 16, 1999. Service was made by certified mail and the City recommends 45 days. Motion Based on the testimony and evidence presented in Case No. 99-2786, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Linda and Charles L. Leemon, III are in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1, INC. and 10-2 of the B.B.C. of Ordinances. Mr. Foot moved to order that the Respondents correct the violations on or before February . 29, 2000If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Ms. Williams. Motion carried 7-0. Case #99-2966 Charlotte J. Dirk th Property Address: 328 SW 6 Avenue Violations: Chapter 15, Article IX-15-120 (E) 2A and 120 (D) 1, INC.; Please maintain the property free of weeds and overgrowth; all trash, debris and inoperative autos need to be removed from the property; Garage needs repair & paint. Inspector Lewis stated the property was originally cited on December 9, 1999. Service was obtained by certified mail and the City recommends 15 days. Motion Based on the testimony and evidence presented in Case No. 99-2966, Mr. Lambert moved that this Board find, as a matter of fact, and as a conclusion of law that Charlotte J. Dirk is in violation of Code Sections Chapter 15, Article IX- 15-120 (E) 2A and 120 (D) 1, INC. of the City Code of Ordinances. Mr. Lambert moved to order that the Respondent correct the violations on or before February . 3, 2000If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. 19 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA January 19, 2000 Mr. Miriani inquired if this would be sufficient time to fix the garage? Inspector Lewis stated that the property is occupied by a lot of young people and there is garbage in the swale and it keeps continuing. It appears that the mother moved out and the son is living there with friends and doesn’t seem to care. Inspector Lewis stated he was unable to locate the mother. Mr. Blasie stated that the statute requires that the respondent be given reasonable time to make repairs and should be given 30 days. Attorney Igwe said this would apply if the respondent was present and requested the time. However, the respondent is not present. Inspector Lewis noted that service was made by certified mail and the receipt was signed by Scott Dirk, the son. Attorney Igwe stated that this was good service. After discussion, it was determined to leave the time for compliance at 15 days. Motion carried 7-0. LIEN PENALTY CERTIFICATIONS (Tabled) th Case #99-447 Barbara J. Bass 202 NE 16 Avenue Inspector Melillo stated the property was cited on March 17, 1999 for violations of the City’s Community Appearance Code. At the Code Compliance Board Hearing date of August 18, 1999 the respondent appeared. A compliance date of October 18, 1999 was set or be fined $25.00 per day. The property is not yet in compliance. Motion Based on the testimony and evidence presented in Case No. 99-447, 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 Barbara J. Bass 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. Motion carried 7-0. st Case #99-1510 Oraide Dorsinvill & 2122 NE 1 Street Wilder Metrat Inspector Melillo stated the property was cited on June 22, 1999 for violations of the Community Appearance Code. At the Code Compliance Board Hearing date on August 18, 1999 the respondent did appear. A compliance date of November 20 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA January 19, 2000 15, 1999 was set or be fined $25.00 per day. The property has not complied to date. Motion Based on the testimony and evidence presented in Case No. 99-1510, 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 Oraide Dorsinvill and Wilner Metrat 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. Case #98-1947 Charles & Carol Metcalf 12 Chelsea Lane Inspector Barquin stated that the notice of violation was dated June 22, 1998 for violations of the Community Appearance Code and Standard Building Code. At the Code Compliance Board Hearing date of November 18, 1998 the respondents appeared. A compliance date of February 15, 1999 was set or be fined $25.00 per day. The property complied on November 22, 1999 or 279 days of non-compliance. Inspector Barquin reminded the Board that Mr. Metcalf had health problems and he is still not well. Inspector Barquin said he spoke with Mrs. Metcalf today and she requested that the fine not be certified. Chairman DeLiso stated that the respondents had filed bankruptcy and their mother-in-law took out a loan to help them fix the property. Chairman DeLiso said that this is a hardship case and doesn’t feel that a fine is warranted. Inspector Barquin also stated that Mr. Metcalf had surgery. Inspector Barquin said he was at the property yesterday and it has fully complied and they did not realize that they still had to appear tonight. Motion Based on the testimony and evidence presented in Case No. 99-1947, 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 Charles and Carol Metcalf have violated this Board’s prior Order of November 18, 1998 and this 21 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA January 19, 2000 Board impose and certify no fine or administrative costs in this case. Motion seconded by Ms. Williams. Mr. Foot felt that a nominal fine in the amount of at least $100 should be assessed so that people know that this Board is trying to help the City. Motion carried 6-1 (Mr. Foot dissenting). Case #99-1571 Marie F. Joseph 160 W. Ocean Drive 164 Reigle Avenue Delray Beach, FL 33444 Inspector Lewis stated that the notice of violation was dated June 30, 1999 for violation of the Community Appearance Code and Occupational License Required. The respondent appeared at the August 18, 1999 Compliance Board Hearing and a compliance date of October 18, 1999 was set or be fined $25.00 per day. The property complied today for a total of 92 days of non-compliance. The City recommends no fine. Mr. Foot inquired why the City was recommending no fine. Inspector Lewis replied that because it was an occupational license issue and the respondent put windows in without a permit, the respondent has to pass inspection. Therefore a contractor had to be hired because it was rental property. This caused the delay for compliance. Motion Based on the testimony and evidence presented in Case No. 99-1571, 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 Marie F. Joseph has violated this Board’s prior Order of August 18, 1999 and this Board impose and certify no fine or administrative costs in this case. Motion seconded by Ms. Williams. Motion carried 7-0. th Case #99-1572 Stewart & Sheila Aldrich 409 SW 5 Avenue Inspector Lewis stated that the notice of violation was dated June 30, 1999 for violation of the Community Appearance Code. No one appeared at the Code Compliance Board Hearing date on October 20, 1999. A compliance date of November 15, 1999 was set or be fined $25.00 per day. The property complied on January 11, 2000 for 56 days of non-compliance. The City recommends no fine. 22 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA January 19, 2000 Mr. Foot inquired why the City was recommending no fine and Inspector Lewis stated that the respondent went up north this past summer and fell and had to have an operation on her arm. The property was supposed to be maintained while she was gone. However, when she returned to the City, she found that the property was a mess and needed a lot of work. The respondent has worked hard to bring the property into compliance. Motion Based on the testimony and evidence presented in Case No. 99-1572, 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 Stewart and Sheila Aldrich have violated this Board’s prior Order of October 20, 1999 and this Board impose and certify no fine or administrative costs in this case. Motion seconded by Ms. Williams. Motion carried 6-1 (Mr. Foot dissenting). th Case #98-3540 Warren Kowalski 410 NE 5 Avenue 630 Boca Marina Court Boca Raton, FL 33487 Inspector Webb stated this was a previously tabled case. The respondent called today and requested that the case be tabled again until next month. Inspector Webb stated that the respondent just received the permits for the foundation for the tanks and is in the process of hiring a contractor to do the work. Mr. Lambert inquired what the case was about and Inspector Webb stated that the respondent needs a catch basin for the gas tanks. Inspector Webb said that the respondent has a permit and everything is moving along. Motion Mr. Lambert moved that Case No. 98-3540 be tabled until the Code Compliance Board Meeting to be held on February 16, 2000. Motion seconded by Ms. Williams. Mr. Lambert asked why the case went back to 1998? Chairman DeLiso requested that the respondent appear at the February meeting. Inspector Webb stated that at first they tried to get the tanks regulated, but were informed by the EPA that the tanks were too small to be regulated. Meanwhile the gasoline was still leaking into the ground. Therefore, the City requested that a catch basin needed to be installed. Inspector Webb said that the tanks were disconnected this morning. 23 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA January 19, 2000 Mr. Lambert inquired what the purpose of the gasoline was for and Mr. Blasie stated the respondent used the gasoline in his lawn maintenance business. Mr. Rossi inquired why the fire department hadn’t been called in and was informed that they were. However, when it was determined that the respondent needed a permit, the EPA disagreed and said the tanks were too small to be regulated. Mr. Lambert inquired why the City didn’t have any regulations for permitting gasoline tanks? Mr. Blasie stated that the respondent has been trying to comply since 1998. Chairman DeLiso called for a vote on the motion to table. Motion failed 0-7. After further discussion, it was determined that the fine should be certified. Motion Based on the testimony and evidence presented in Case No. 99-3540, 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 Warren Kowalski has violated this Board’s prior Order of May 19, 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. Mr. Blasie pointed out that the prior minutes mention the tank size and the EPA comments, which stated the tanks were of a non-regulated size. LIEN PENALTY CERTIFICATIONS Case #99-1495 James W. & Joyce A.Wiggins 50 Miner Road 1328 W. Indies Way Lantana, FL 33462 Inspector Cain stated the property was cited on June 21, 1999 for violation of the Community Appearance Code. The respondents appeared at the October 20, 1999 Code Compliance Board Hearing date. A compliance date of December 13, 1999 was set or be fined $25.00 per day. The property complied on January 12, 2000 for 29 days of non-compliance. The City recommends no fine. Mr. Foot inquired why the City was recommending no fine? Inspector Cain stated that the respondents did appear at the hearing and this is a hard area and the respondents complied with what they were requested to do. 24 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA January 19, 2000 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, that the Respondents 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 October 20, 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 Ms. Williams. Mr. Foot noted that the respondent was in the process of purchasing the property when she appeared before the Board. Motion carried 7-0. Case #99-2245 J. Paul Remy & Martha Albert 171 Ocean Parkway Inspector Cain stated that the property was cited on September 2, 1999 for violation of the Community Appearance Code. No one appeared at the Code Compliance Board Hearing of November 17, 1999. A compliance date of December 13, 1999 was set or be fined $25.00 per day. The property complied on January 12, 2000 for 29 days of non-compliance and the City recommends a fine of $100.00. Motion Based on the testimony and evidence presented in Case No. 99-2245, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondents were in violation of Code Sections Chapter 15, Article IX-15-120 (E), 2.A, Section 10-2 and 10-3 of the B.B.C. of Ordinances subsequent to the date of compliance specified in this Board’s Order of November 17, 1999. Mr. Lambert moved that this Board find that the Respondents failed to comply with this Board’s Order, and that this Board impose and certify a fine of $100.00 in this case. Motion seconded by Mr. Foot. Motion carried 7-0. th Case #99-464 Ernestine Waters 160 NE 19 Avenue nd 1480 NW 2 Street Boynton Beach, FL 33435 Inspector Melillo stated the original violation was March 23, 1999 for violation of the Community Appearance Code and Occupational License Required. The 25 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA January 19, 2000 respondent did not appear at the November 17, 1999 Code Compliance Board Hearing. A compliance date of December 13, 1999 was set or be fined $25.00 per day. The property has not complied to date. Mr. Foot inquired if Inspector Melillo has spoken with the respondent and he stated that periodically he speaks with her and she informed him that the property is not a rental and that her sister lives there. Inspector Melillo said he checked the water bill and it indicated a different person and there was a Haitian woman living at the house. The City recommends certifying the fine. Motion Based on the testimony and evidence presented in Case No. 99-464, 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 Ernestine Waters has violated this Board’s prior Order of November 17, 1999 and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Foot. Motion carried 7-0. nd Case #99-498 Larry B. Adams 1990 NE 2 Lane th 691 W. 36 Street West Palm Beach, FL 33404 Inspector Melillo stated that the original violation was dated March 26, 1999 for violation of the Community Appearance Code. At the Code Compliance Board Hearing date of November 17, 1999 no one appeared. A compliance date of December 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 No. 99-498, 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 Larry B. Adams has violated this Board’s prior Order of November 17, 1999 and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Foot. Motion carried 7-0. 26 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA January 19, 2000 st Case #99-1847 Joseph W. & Marie L. Luma 1516 NE 1 Street 167 N. Seacrest Blvd. Boynton Beach, FL 33435 Inspector Melillo stated that the property was cited on July 22, 1999 for Occupational License required. No one appeared at the Code Compliance Board Hearing date of November 17, 1999. A compliance date of December 13, 1999 was set or be fined $25.00 per day. Motion Based on the testimony and evidence presented in Case No. 99-1847, 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 Joseph W. and Marie L. Luma have violated this Board’s prior Order of November 17, 1999 and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Foot. Motion carried 7-0. Ms. Williams inquired if the respondent was notified by regular mail or certified mail? Inspector Melillo stated the property was posted and that the posting was returned on November 27, 1999. Inspector Melillo stated that the respondent has been in the office several times and this is a dual case. The respondent enclosed his garage and made a room and rented it out as a bigger house and he did not obtain a permit for this. The respondent finally did obtain his permit, but he hasn’t had his final inspection on the permit and still does not have his occupational license. Attorney Igwe noted that the respondent had knowledge of all these procedures and that there was good service. th Case #99-2176 Michelet & Renose Louis 300 NW 14 Ave. Inspector Melillo stated that the property was cited on August 27, 1999 for violation of the Community Appearance Code. No one appeared at the November 17, 1999 Code Compliance Board Hearing date. A compliance date of December 13, 1999 was set or be fined $25.00 per day. The property has not complied to date. 27 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA January 19, 2000 Motion Based on the testimony and evidence presented in Case No. 99-2176, 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 Michelet and Renose Louis have violated this Board’s prior Order of November 17, 1999 and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Rossi. Mr. Foot inquired if the respondent acknowledged the posting? Inspector Melillo stated that the property was posted on November 6, 1999 at the property address and the City Hall lobby. Mr. Foot asked if the City had tried to find the respondent and Inspector Melillo said he had been to the property several times and either no one was home or they did not answer the door. Attorney Igwe replied that as long as the Code Officer posts the property, this is proper service and staff is not required to look for the respondent. Inspector Melillo stated that when staff posts the property, they also take a picture of the posting. The posting was taped to the front door and Inspector Lewis, who did the posting, signed an affidavit that he actually did the posting. Mr. Foot said he feels the City should try to locate the respondents and probably could accomplish this by using the telephone directory. Motion carried 7-0. rd Case #99-2421 Antonio F. Guzman 2112 NE 3 Street Inspector Melillo stated that the notice of violation was dated September 28, 1999 for violation of the Community Appearance Code. No one appeared at the Code Compliance Board Hearing date of November 17, 1999. A compliance date of November 27, 1999 was set or be fined $25.00 per day. Inspector Melillo stated that the property complied on January 12, 2000 for 45 days of non-compliance. Ms. Williams asked what staff was recommending? Inspector Melillo said he spoke with the respondent and the house is now vacant and he would not give him his new address. He told Inspector Melillo that he was having financial problems and would be losing his property and is letting the bank take over. Inspector Melillo said even if the Board certifies the fine, the property will probably be taken over by the Bank. The case was for overgrowth and the City’s contractor has been taking care of the property. 28 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA January 19, 2000 Chairman DeLiso inquired if the respondent still owned the property and Inspector Melillo said technically yes. Chairman DeLiso stated if the bank was taking the property over, it didn’t make much sense to certify the fine. Chairman DeLiso stated that when a lien is put on the property and the bank takes the property over, the lien is wiped out. Mr. Blasie stated this applied in most cases. Inspector Melillo stated it would cost the City more money to certify the lien. Mr. Foot stated if the Bank already foreclosed, the City could collect. Mr. Blasie stated usually when a bank forecloses, the property will sit for a long period of time and the City will have to keep after the bank to maintain the property. The bank eventually will sell the property and if there is any money left over from the sale, the City may or may not receive some of the funds. Attorney Igwe said there are many factors that must be taken into consideration and the mortgagee is the first lien holder on the property, and usually there is nothing left. Motion Based on the testimony and evidence presented in Case No. 99-2421, Mr. Foot moved that this Board find, as a matter of fact, that the Respondent, Antonio F. Guzman, was in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1.D, subsequent to the date of compliance specified in this Board’s Order of November 17, 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 a fine in the amount of $25.00 per day for 45 days, plus administrative costs of $634.12. Motion seconded by Ms. Williams. Motion carried 6-1 (Chairman DeLiso dissenting). Case #99-1157 Riverwalk Plaza Joint Venture 1608 S. Federal Hwy. Inspector Roy stated that the property was cited on May 24, 1999 for violations of the Standard Building Code and first came before the Board on October 20, 1999 and the respondent did appear. A compliance date of November 27, 1999 was set or be fined $250.00 per day. The property is not yet in compliance. Motion Based on the testimony and evidence presented in Case No. 99-1157, 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. Lambert moved that this Board find that Riverwalk Plaza Joint Venture has violated this Board’s prior Order of October 20, 1999 and this Board impose and 29 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA January 19, 2000 certify a fine in the amount of $250.00 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. Miriana. Mr. Foot inquired if the respondent placed any money in escrow? Inspector Roy replied that the respondent put a surety up for the wall and there is a proposal submitted for the landscaping on the east side. As of this date, the respondent has not passed any inspections. Motion carried 7-0. th Case #99-2474 Tonessa Larocque 2510 NE 4 Court Inspector Barquin stated the property was cited on September 29, 1999 for violations of the Land Development Regulations for unfit and unsecured building. No one appeared at the Code Compliance Board Hearing on November 17, 1999. A compliance date of December 13, 1999 was set or be fined $25.00 per day. The property has not yet complied. Inspector Barquin said he tried to locate the owners in the phone book, but was not successful. The respondents purchased the house in July last year. The City recommends that the fine be certified. Also, Inspector Barquin said that the City is requesting that the Board render an order in this case to recommend to the City Commission that the City will abate the nuisance by making all reasonable repairs to bring the property into compliance. Motion Mr. Lambert moved pursuant to the Boynton Beach Code of Ordinances, Chapter 2, Article V, Section 2-79 that this Board recommend to the City Commission that the City abate the nuisance by making all reasonable repairs to bring the property into compliance, and charge the Respondent for the cost of the repairs along with the fines incurred for this case. Motion seconded by Mr. Foot. Motion carried 7-0. Motion Based on the testimony and evidence presented in Case No. 99-2474, 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 Tonessa Larocque has violated this Board’s prior Order of November 17, 1999 and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a 30 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA January 19, 2000 judgment is entered based upon this certification of fine. Motion seconded by Mr. Miriana. Motion carried 7-0. th Case #98-4257 John A. Weiss 306 SE 10 Avenue c/o Mark Weiss th 306 SE 10 Avenue Boynton Beach, FL 33435 Inspector Lewis stated that the property was cited on January 28, 1999 for violation of the Community Appearance Code. The respondent did appear at the Code Compliance Board hearing date on June 16, 1999. A compliance date of December 13, 1999 was set or be fined $25.00 per day. The property complied on January 19, 2000 for 36 days of non-compliance. The City recommends no fine. Inspector Lewis stated that the father was deceased. The son and his wife, who live in Plant City, faxed to Inspector Lewis copies of a contract with a roofer. Also, they had to obtain financing to have the work done. The roof has now been completed. Motion Based on the testimony and evidence presented in Case No. 98-4257, Ms. Williams moved that this Board find, as a matter of fact, that the Respondent, John Weiss, was in violation of Code Sections Chapter 15, Article IX-15-120 (E) 2, subsequent to the date of compliance specified in this Board’s Order of June 16, 1999. Ms. Williams 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. Foot Motion carried 7-0. rd Case #99-2158 H.B. Hipp, III 815 SE 3 Street th 1435 SW 25 Avenue #A Boynton Beach, FL 33426 Inspector Lewis stated that the notice of violation was dated August 26, 1999 for violation of the Community Appearance Code and Occupational License Required. No one appeared at the Code Compliance Board Hearing Date of November 17, 1999. A compliance date of December 13, 1999 was set or be fined $25.00 per day. The property complied on January 19, 2000 for 36 days of non-compliance. The City recommends no fine. The respondent has problems with the tenants and their cars. 31 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA January 19, 2000 Chairman DeLiso noted that the respondent did not appear. Mr. Blasie said he called today and said he could not appear tonight because he had to do something with his children. Mr. Blasie explained to the respondent that the Board could issue a fine and if it did, Mr. Blasie said he would request that the Board table the case until next month so that the respondent could appear. Mr. Blasie stated the respondent has worked with the Code Department before and this particular property is the Augsback property and it was in very bad shape. Mr. Hipp purchased the property and has done a very good job with it. Motion Based on the testimony and evidence presented in Case No. 99-2158, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondent, H.B. Hipp, III was in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1.A, 1.B and Section 13-16 of the B.B.C., subsequent to the date of compliance specified in this Board’s Order of November 17, 1999. Mr. Lambert moved that this Board find that the Respondent failed to comply with this Board’s Order and that this Board impose and certify no fine or administrative costs in this case. Motion seconded by Ms. Williams. Motion carried 7-0. rd Case #99-2318 Alison & Leslie Bucklew, Jr. 454 SW 3 Avenue Inspector Lewis stated the property was cited on September 13, 1999 for violation of the Community Appearance Code. No one appeared at the Code Compliance Board Hearing date of November 17, 1999. A compliance date of December 13, 1999 was set or be fined $25.00 per day. The property is still not in compliance. Motion Based on the testimony and evidence presented in Case No. 99-2318, 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 Alison and Leslie Bucklew, Jr. have violated this Board’s prior Order of November 17, 1999 and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Miriana. Motion carried 7-0. 32 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA January 19, 2000 Mr. Foot asked if staff anticipated any problems with the property and Inspector Lewis stated that the respondents are divorcing. th Case #99-2444 Job Sylvain & Josette Bouchard 620 NE 7 Ave. 1123 Sea Pines Way Lantana, FL 33462 Inspector Webb stated that Mr. Sylvain called him this afternoon and requested that the case be tabled because the well has to be re-dug for the irrigation system in order for him to place sod down. Inspector Webb stated that the respondent in this case is also going through a divorce. Motion Mr. Lambert moved that Case No. 99-2444 be tabled until the Code Compliance Board Meeting to be held on February 16, 2000. Motion seconded by Mr. Foot. Motion carried 7-0. rd Case #99-2481 Chase Manhattan Mortgage Corp. 115 NW 3 Avenue C/o Codilis & Stawiarski 4010 Boy Scout Blvd., Ste. 450 Tampa, FL 33607 Inspector Webb stated the notice of violation was dated September 30, 1999 for violation of the Community Appearance Code. No one appeared at the Code Compliance Board Hearing date on November 17, 1999. A compliance date of December 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 No. 99-2481, 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 Chase Manhattan Mortgage Corp. has violated this Board’s prior Order of November 17, 1999 and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Foot. Motion carried 7-0. 33 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA January 19, 2000 nd Case #99-2510 Gertrude Jean-Baptiste 616 NE 2 Street nd 618 NE 2 Street Boynton Beach, FL 33435 Inspector Webb stated the property was cited on October 7, 1999 for violation of the Community Appearance Code. No one appeared at the Code Compliance Board Hearing date of November 17, 1999. A compliance date of December 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 No. 99-2510, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Lambert moved that this Board find that Gertrude Jean-Baptiste has violated this Board’s prior Order of November 17, 1999 and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Foot. Motion carried 7-0. Inspector Webb noted that the respondents in this case were involved in divorce proceedings. D. FORECLOSURES AUTHORIZATION TO FORECLOSE Case No. 99-527 Fleurima Guillaume Case No. 99-616 Henry Roberson Tr. Case No. 99-1318 Cabrera & Rego Enterprises, Inc. Case No. 99-392 Lillie Mae Phillips, et al Mr. Lambert moved that the cases listed on tonight’s Agenda be forwarded to the City Attorney’s Office for foreclosure. Motion seconded by Mr. Foot. Motion unanimously carried. F. OTHER Chairman DeLiso requested that Mr. Blasie provide this Board with the amount of fines that the Code Compliance Department has collected this year. Mr. Blasie stated that since October 1, 1999 the Code Department has brought in approximately $39,000. 34 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA January 19, 2000 Chairman DeLiso announced that he is running for the District IV Commission th seat against Charlie Fisher in the March 14 election. VI. ADJOURNMENT There being no further business, the meeting properly adjourned at 9:30 p.m. Respectfully submitted, ____________________________ Barbara M. Madden Recording Secretary (three tapes) 35