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Minutes 02-17-99 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, FEBRUARY 19, 1999 at 7:00 P.M. PRESENT Christopher DeLiso, Chairman Scott Blasie, Code Compliance Mark S. Frederick, Vice Chairman Administrator Bob Foot Nicholas Igwe, Assistant City Larry Finkelstein, Voting Alternate Attorney Dick Lambert Inspectors: Courtney Cain James Miriana Skip Lewis Enrico Rossi Mike Melillo Pete Roy Willie Webb ABSENT Patti Hammer I. CALL TO ORDER Chairman DeLiso called the meeting to order at 7:10 p.m. II. APPROVAL OF MINUTES OF JANUARY 20. 1999 MEETING Chairman DeLiso called for a motion to approve the minutes of the January 20, 1999 meeting. Motion Mr. Lambert moved that the minutes of the January 20, 1999 meeting be approved. Motion seconded by Mr. Miriani. Motion unanimously carried. III. APROVAL OF THE AGENDA Chairman DeLiso asked Mr. Blasie if there were any additions or deletions to the Agenda. Inspector Blasie said there was one addition to the Agenda, page 84, Case #98-4018, Cleo Briggs. Mr. Blasie said that the following deletions were made to the agenda: MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 A. Page 26 (Case 98-3911), Baksh Chandranie, removed) B. Page 27 (Case 98-4128), Jack Jackson (removed) C. Page 34 (Case 98-4160), Robert Tentschert (complied) D. Page 36 (Case 99-0031), Raymond Mangiacapra (removed) E. Page 44 (Case 98-4141), Anna Santiago (removed) F. Page 63 (Case 98-3100), Sheryl and Michael Emmons (complied) G. Page 72 (Case 98-4100), Maria Alexis (complied) H. Page 74 (Case 98-4212), Milagros & Sunny Caraballo (removed) I. Page 75 (Case 98-4229), Raymond Torres (complied) Chairman DeLiso called for a motion to approve the Agenda, as amended. Motion Mr. Lambert moved that the Agenda, as amended, be approved. Motion seconded by Mr. Foot. Motion unanimously carried. Chairman DeLiso requested that Board members review the copy of the fax regarding the Midfirst Bank vs. Hauck (Case No. 97-982). Mr. Blasie said he would summarize the fax during the lien reduction hearings, to which Chairman DeLiso agreed. IV. SWEARING IN OF WITNESSES AND INTRODUCTION Chairman DeLiso instructed the Recording Secretary to administer the oath to all persons who would be testifying this evening. Chairman DeLiso stated that the first case to be heard tonight is case No. 98-3455 LIEN PENALTY CETIFICATION th Case #98-3455 Marta R. Pehouhy 152 SE 28 Avenue Mr. Blasie stated that the inspector for the case was Inspector Roy and the case was originally cited on September 28, 1998 for violation of the City’s Community Appearance Code and first came before the Board on November 18, 1998. A date and fine was set for January 18, 1999 or $25.00 per day and the property is still not in compliance. Mr. Blasie stated no one appeared at the November 18, 1998 hearing. Chairman DeLiso asked to view the photographs of the property and asked how much time would be needed for the property to comply. Inspector Roy stated 30 days. 2 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 Attorney Bertram Shapiro, representing the violator took the podium with the Ms. Pehouhy. Attorney Shapiro stated that the respondent thought that the area that needed to comply required the trimming of trees and bushes and removal of trash and debris. The respondent also acknowledged that the property required sod. Attorney Shapiro said that the respondent spoke with Inspector Roy and informed him that the bushes had been trimmed and the trash and debris had been removed. The only remaining item was the sod and asked for more time for compliance beyond January th 18 because the respondent had contracted bronchial pneumonia. Chairman DeLiso asked that if the case were tabled could the violator comply within 30 days. Chairman DeLiso stated that if the property did not comply next month, the fine would be certified and explained the process to Attorney Shapiro. Motion Mr. Miriani moved that Case No. 98-3455 be tabled until the Code Compliance Board Meeting to be held on March 17, 1999. Motion seconded by Mr. Finkelstein. Mr. Frederick inquired if 30 days would be sufficient for compliance. Mr. Shapiro requested a copy of the original citation to determine exactly what needs to be done. Inspector Roy said there are still items that remain in the backyard that need to be removed including a dilapidated old shed. Also Inspector Roy stated there is furniture and icebox in the front yard and other items that need to be removed. Inspector Roy said that the sod is 95% complete. Mr. Shapiro stated the furniture will be removed from the front lawn. Mr. Lambert noted that the case was originally cited in September 1998 and the violator has had an opportunity to comply. Motion carried 7-0. Chairman DeLiso instructed Inspector Blasie to call the roll. Inspector Blasie requested that all persons who were present tonight and wished to testify should answer “here” when their name is called. A. LIEN PENALTY CERTIFICATIONS (Previously Tabled) Case #97-4529 John Snow 304 S. Seacrest Blvd. rd 125 SE 3 Avenue Boynton, Beach, FL 33435 3 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 Mr. Blasie stated the property was originally cited on December 18, 1997 for violations of the City’s Community Appearance Code. The case first came before the Board on October 21, 1998 and a date and fine was set for January 1, 1999 or $25.00 per day. The property complied on February 8, 1999, or 37 days of non-compliance. Mr. Blasie said that the respondents appeared at the original hearing. rd Ms. Kathryn Rossi, of 125 SE 3 Avenue, Boynton Beach, representing the owner, took the podium and asked that no fine be assessed. Ms. Rossi said that they used diligent efforts to meet compliance and constantly stayed in contact with the Inspector Melillo and Mr. Blasie. Chairman DeLiso requested photographs of the property. Mr. Blasie presented the most recent photos taken January 20, 1999 before the house was painted. Inspector Melillo confirmed that the respondent was in constant contact with the City and made their best efforts to bring the property into compliance and have done a good job. Mr. Lambert inquired why it took the respondent an additional 37 to comply. Inspector Melillo stated that there were weather problems and some of the old wood on the house had to be replaced. Motion Based on the testimony and evidence presented in Case No. 97-4529, Vice Chair Frederick moved that this Board find, as a matter of fact, that the Respondent, John Snow was in violation of Code Section Chapter 15, Article IX-15-120 (D) 1.B, 1.E and (E) 2.A, subsequent to the date of compliance specified in this Board’s Order of October 21, 1998. Vice Chair Frederick moved that this Board find that the Respondent failed to comply with this Board’s Order, and that this Board impose and certify no fine or administrative costs. Mr. Lambert seconded the motion. Motion carried 7-0. th Case #98-2906 Guy Estella 124 NW 10 Avenue th 212 SW 10 Avenue Boynton Beach, Florida 33425 Mr. Blasie stated the property was originally cited on August 5, 1998 for violation of the City’s Community Appearance Code and Pt. 3 of the LDR, Chapter 20, Article VIII, Section 2.G. The case first came before the Board on October 21, 1998 and a date and fine was set for November 6, 1998 or $250.00 per day. The property complied on November 19, 1998 for 13 days of non-compliance and no one appeared at the October 21, 1998 hearing. 4 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 th Guy Estrella, 212 SW 10, Boynton Beach, took the podium. Chairman DeLiso asked the violator why he was 13 days late in meeting compliance. Mr. Estrella stated he did not receive the citation until a month after it was issued. Chairman DeLiso requested that Inspector Cain clarify the situation. Inspector Cain said that when he spoke to the violator, he cleaned up the property. Mr. Blasie stated that the certified letter that was mailed to the violator’s post office box came back unclaimed and then the property was posted. Mr. Blasie said that County records showed the violator’s post office box. Chairman DeLiso said that Mr. Estrella is very familiar with the workings of this Board and the codes. Chairman DeLiso did take into consideration that the respondent did not receive the certified letter, but noted he should check his post office box more regularly. Mr. Estrella stated he only checks his post office box about every 13-14 days. Motion Based on the testimony and evidence presented in Case No. 98-2906, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondent, Guy Estrella was in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1.A, (E) 2.C, Pt. 3-LDR, Chapter 20, VIII, Section 2.1G, subsequent to the date of compliance specified in this Board’s Order of October 21, 1998. Mr. Lambert moved that this Board find that the Respondent failed to comply with this Board’s Order, and that this Board impose and certify no fine or administrative costs in this case. Motion seconded by Mr. Foot. Vice Chair Frederick stated that the respondent is very familiar to this Board and the City Codes and felt the Board has been very generous in not fining him for not meeting compliance in time. Vice Chair Frederick stated the Board’s patience is running out with repeat offenders. Mr. Foot inquired if the Inspectors try to reach the violators by telephone by looking through the telephone book for a telephone number. Mr. Blasie stated they did not have enough time to do this. Motion carried 7-0. th Case #98-2420 Marc L. St. Juste & 115 NE 16 Avenue Palmedy Supreme Mr. Blasie stated that the property was originally cited on June 23, 1998 for violation of the City’s Community Appearance Code. The case first came before the Board on September 16, 1998 and a date and fine was set for October 20, 1998 or $25.00 per 5 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 day. The property is not in compliance and no one appeared at the September 16, 1998 hearing. th Mr. Guy Estrella, 212 SW 10 Avenue, Boynton Beach, Florida took the podium on behalf of the respondent. Chairman DeLiso inquired where the property owners were this evening and Mr. Estrella stated he was part owner of the property. Chairman DeLiso requested to view the photographs of the property. Mr. Estrella stated he never received the citation for this property and did not know of the violation until today when he appeared for the prior case. Mr. Blasie stated that the citation was returned by the post office. Vice Chair Frederick inquired who was living at the property and Mr. Estrella stated Palmedy Supreme resides at the property. Chairman DeLiso requested how much time was needed for compliance and Mr. Estrella stated two days. Mr. Lambert inquired if the property could be cleaned up in two days. Inspector Melillo stated there was a lot of work to be done and questioned if two days would be enough time. Inspector Melillo said there were three cars that needed to be removed, as well as tires and car parts. Also, the fence is broken and there is no grass. Chairman DeLiso stated that the violator did not receive notification and the City did not have his address. Vice Chair Frederick stated the property was posted and one of the owners lived at the property. Inspector Melillo said there was a picture of the posting of the property and this has been an ongoing problem. The property gets cleaned up a little, then reverts to its former state and the cars keep changing. Vice Chair Frederick asked Inspector Melillo if he had spoken to the people and Inspector Melillo stated the people he spoke to understood the situation and that is when he determined that Mr. Estrella was connected to the property in some manner. Motion Based on the testimony and evidence presented in Case No. 98-2420 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 Marc L. St. Juste and Palmedy Supreme have violated this Board’s prior Order of September 16, 1998, and that this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Miriani. (Chairman DeLiso left the room momentarily). Motion carried 6-0 6 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 Case #98-2174 Manor Care of Boynton Beach, Inc. 3001 S. Congress 11555 Darnestown Road Avenue Gaithersburg, MD 20878 Mr. Blasie stated that the property was originally cited on June 5, 1998 for violation of the City’s Community Appearance Code. The case first came before the Board on October 21, 1998 and date and fine was set for November 16, 1998 or $25.00 per day and the property is not in compliance. Kevin McFeely, the Administrator of Manor Care of Boynton Beach, 3001 S. Congress Avenue, Boynton Beach took the podium. Mr. McFeely requested that the case be tabled since he just became Administrator of Manor Care two weeks ago and found the notice in his office yesterday. Mr. McFeely said that the notice was sent to the corporate offices in Maryland and the corporate offices were merged with another company in Toledo, Ohio. Mr. McFeely said he did some research on the issue and spoke with their landscaper this morning. He determined that during the summer there was a lot of construction in back of the property and the sprinkler in the back was capped off. When they tried to activate the system, there was no water. Mr. McFeely apologized for the dead shrubs and stated the property would be in compliance within thirty days. Mr. McFeely further stated he would work closely with Inspector Roy to get the property into compliance. Motion Mr. Lambert moved that Case No. 98-2174 be tabled until the Code Compliance Board Meeting to be held on March 17, 1999. Motion seconded by Vice Chair Frederick. Mr. Foot abstained on voting and said he had litigation with Manor Care. Chairman DeLiso informed Mr. Foot that he must complete Form 8B (Memorandum of Voting Conflict). Motion carried 6-0. (Mr. Foot abstained). Chairman DeLiso suggested that in the future when a business is cited, it should go to the business and not be sent to the corporate offices. Mr. Blasie said that they had been dealing with Mr. Curt Martin at Manor Care. Mr. Feely stated Mr. Martin is a regional consultant and is not located in Boynton Beach. th Case #98-1057 Jean T. Morissett 211 NE 27 Avenue Mr. Blasie said that the property was originally cited on April 21, 1998 for violation of the City’s Community Appearance Code. The case first came before the Board on August 19, 1998 and a date and fine was set for December 14, 1998 or $25.00 per day. The property complied on February 11, 1999, for 57 days of non-compliance. 7 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 th Mr. Jean Morissett , 211 NE 27 Avenue, Boynton Beach took the podium. Mr. Morissett stated he appeared before the August hearing and had to repair the roof and plant grass. Mr. Blasie stated that this case had two inspectors and he spoke with the latest inspector today and was informed that Mr. Morissett did the entire roof and could have only done part of the roof and this should be taken into consideration. Motion Based on the testimony and evidence presented in Case No. 98-1057, Vice Chair Frederick moved that this Board find, as a matter of fact, that the Respondent, Jean T. Morissett was in violation of Code Sections Chapter 15, Article IX-15-120 (E) 2.B, subsequent to the date of compliance specified in this Board’s Order of August 18, 1998. Vice Chair Frederick moved that this Board find that the Respondent failed to comply with this Board’s Order, and that this Board impose and certify no fine or administrative costs in this case. Motion seconded by Mr. Lambert. Motion carried 7-0. VI. NEW BUSINESS Chairman DeLiso informed the audience that this Board follows Florida Statutes and is a quasi-judicial board. Chairman DeLiso explained the plea system available and stated that when a person takes the podium they should state their name and address for the record. A person can plead no contest, which means the violation does exist and that the respondent needs time to comply. If the Board feels that the amount of time requested is reasonable, it will be granted. If the property complies within that time, a person does not have to come back before the Board. A person can also plead not guilty and that means that the citation for which you have been cited does not exist. If a person pleads not guilty, the respondent must present their case and the City will present their case. The Board will determine if a violation does exist at the property. If a person is found guilty, he will be given sufficient time for the property to comply. If a person were found not guilty, the case would be dismissed. A. CASES TO BE HEARD Case No. 98-4142 Romona B. Wright th 332 NE 13 Avenue Boynton Beach, FL 33435 th Property Address: 201 NE 26 Avenue 8 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 Violations: 13-16 B.B.C.; Occupational License required for rental property, including single family. Mr. Blasie stated that on December 23, 1998 Ms. Wright telephoned the Code Compliance Office and stated she received the letter yesterday from her tenant and th asked for more time and furnished a new mailing address which is 332 NE 13 Avenue, Boynton Beach. Mr. Blasie stated that as of January 13, 1999 the violation still existed, but that the violator did pick up an application for the occupational license. Service for tonight’s hearing was made by hand delivery. The City recommends 30 days for compliance. Vice Chair Frederick inquired how long it takes to process an occupational license. Mr. Blasie said it could be a turnaround process, if the applicant completes the application on the spot, but the apartment has to be inspected. It is up to the applicant to call the Code Compliance Office and arrange for an inspection. Inspector Blasie stated if the property does not meet the Code, a list of the violations is furnished and the applicant is given reasonable time to repair the violations. th Ramona Bianca Wright, 332 NE 13 Avenue, Boynton Beach, Florida took the podium and pled not guilty. Inspector Blasie stated the City had nothing further to add. Ms. Wright said she was not guilty because she did not get the information on time when the telephoned Mr. Blasie’s Office. Ms. Wright said that she picked up the thth application on January 4 or 5 and paid the $40.00 fine and then Ms. Wright said she was further requested to pay an additional $32.00 which she did. Chairman DeLiso inquired if Ms. Wright had the property inspected. She replied she did not know if the property was inspected. Ms. Wright assumed the additional $32 was for the inspection. Mr. Blasie said that the $40 was the application fee and the license itself cost $32. Mr. Blasie asked Ms. Wright if she telephoned the office to arrange for an inspection. She was not aware of this being her responsibility. Mr. Blasie recommended the case be tabled in order to perform the inspection at the property. Mr. Blasie stated prior to the new ordinance, Occupational Licensing would forward a transmittal to the Code Compliance Department for follow up. Motion Vice Chair Frederick moved that Case No. 98-4142 be tabled until the March 17, 1999 meeting. Motion seconded by Mr. Lambert. 9 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 Motion carried 7-0. Case No. 98-4142 Veoletta. Wright th 332 NE 13 Avenue Boynton Beach, FL 33435 th Property Address: 301 NE 26 Avenue Violations: 13-16 B.B.C.; Occupational License required for rental property, including single family. Mr. Blasie said that Inspector Cain spoke with the respondent’s mother and advised her to contact the Code Compliance Office to arrange for an inspection. Mr. Rossi inquired if the application that is completed states that the applicant must arrange for an inspection. Mr. Blasie said the new forms stated that the applicant is responsible for contacting Code Compliance to schedule an inspection. However, this wording was not on the application that the respondent had completed. Inspector Melillo stated he hand delivered the notice on Saturday and Ms. Wright was leaving and instructed Inspector Melillo to hand the notice to her father. Inspector Melillo said he explained everything to her father. It was determined that the sister of Romona Wright, who was also present in the audience, owns this property. Chairman DeLiso asked why the respondent’s address was listed as being in Orlando, Florida, when it is Boynton Beach property. It was noted that this is a new HTE system, which probably accounts for the incorrect City. Chairman DeLiso requested that Ms. Wright take the podium. th Veoletta Wright of 332 NE 13 Avenue, Boynton Beach, Florida took the podium. Ms. Wright said she was not aware of an occupational license being required. Ms. Wright stated that she had paid $40.00 for an application fee and forwarded an additional $32.00 through the mail. Chairman DeLiso noted that the only thing remaining is that the property needs to be inspected. Ms. Wright said that her property was under the jurisdiction of the Housing Authority and therefore should be in compliance. Ms. Wright said that the Housing Authority inspects her property on a yearly basis. Vice Chair Frederick reminded Ms. Wright that she, as well as her sister, must call the Code Compliance Office tomorrow to arrange for an inspection and that is their 10 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 responsibility. Ms. Wright’s mother was under the impression that the City was going to send an inspector to inspect the property. Motion Vice Chair Frederick moved that Case No. 98-4143 be tabled until the March 17, 1999 meeting. Motion seconded by Mr. Foot. Motion carried 7-0. Case No. 98-2516 Theodore and Florence H. Grunberg Property Address: 6 Colonial Club Drive, No. 200 Violations: Code Sections 104.1.1 of the SBC; Permit required for washer and dryer. Inspector Pete Roy presented the next case. Mr. Lambert stated for clarification that there had been no plumbing or 220 electrical wiring for the washer and dryer, which Inspector Roy stated was correct. Ms. Florence H. Grunberg , 6 Colonial Club Drive, Boynton Beach took the podium. Ms. Grunberg said two permits had been issued for Able Plumbing in July and everything passed inspection. Ms. Grunberg stated that the washer and dryer had been inspected and had passed inspection. Inspector Roy stated that the permits did not cover the washer and dryer. Inspector Roy said that it was specifically written down to have the washer and dryer inspected and it never was. Ms. Grunberg said that tomorrow morning she would have her licensed plumber, Able Plumbing go to City Hall to pick up the permit. Chairman DeLiso asked Ms. Grunberg what her plea was and how much time she needed for compliance. Ms. Grunberg pled no contest and requested two weeks. Chairman DeLiso said the Board would grant her 30 days. Motion Based on the testimony and evidence presented in Case No. 98-2516, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Theodore and Florence H. Grunberg are in violation of Code Sections 104.1.1 of the SBC of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondents correct the violations on or before March 15, 1999. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative 11 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Enforcement 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. 98-3456 Betty W. Crane th Property Address: 124 SE 28 Avenue Violations: Chapter 15, Article IX-15-120 (D), Inc.; restore lawn and maintain weed free. Inspector Roy stated that the case was originally cited on September 24, 1998. th Ms. Crane , of 124 SE 28 Avenue took the podium and pled no contest and asked for 30 days for compliance. Chairman DeLiso inquired if the respondent would be putting in a sprinkler system and she stated she had a sprinkler system and has had it repaired. Motion Based on the testimony and evidence presented in Case No. 98-3456, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Betty W. Crane is in violation of Code Sections Chapter 15, Article IX-15-120 (D), INC. of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before March 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 Enforcement 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. 98-613 Jeanette Murph rd 222 NW 3 Court Boynton Beach, FL 33425 th Property Address: 117 NE 9 Avenue Violations: Chapter 15, Article IX-15-120 (D), Inc. and (E) 2B; Remove non-permitted fence; remove inoperable vehicle from back yard; sod swale area and repair roof. 12 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 Inspector Webb stated that the case was originally cited on February 25, 1998 for violations of the City’s Community Appearance Code. Inspector Webb stated that the respondent has complied on Article 120 (D), Inc. The only item remaining is the roof. Inspector Webb stated the property was cited through routine neighborhood inspection. The City requests 60 days for compliance. rd Ms. Jeanette Murph, 222 NW 3 Court, Boynton Beach, Florida took the podium and pled no contest and requested 60 days for compliance. Motion Based on the testimony and evidence presented in Case No. 98-613, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Jeannette Murph is in violation of Code Sections Chapter 15, Article IX-15-120 (E) 2.B of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before April 19, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Enforcement Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. Motion carried 7-0. Case No. 98-4163 Henry T. and Sharon K. Walker th Property Address: 147 SE 25 Avenue Violations: Chapter 15, Article IX-15-120 (D), Inc.; Restore lawn to comply with City Codes; weed, feed and water. Inspector Roy stated that the property was originally cited on December 7, 1998 for violation of the City’s Community Appearance Code. th Mr. Henry T. Walker, 147 SE 25 Avenue, Boynton Beach , took the podium and pled no contest. The City recommended 30 days. Motion Based on the testimony and evidence presented in Case No. 98-4163, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Henry T. and Sharon K. Walter are in violation of Code Sections Chapter 15, Article IX- 15-120 (D), INC. of the City Code of Ordinances. Vice Chair Frederick moved to order 13 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 that the Respondents correct the violations on or before March 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 Enforcement 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. 99-0169 Clifford and Velma Powell th Property Address: 451 SW 27 Avenue Violations: SBC ’94 ED 104.1.1 and 104.7.2; Secure a permit for wall and interior renovation; See copy of “red tag” dated January 12, 1999. Inspector Roy stated the case was originally cited on January 19, 1999. th Clifford Powell, 451 SW 27 Avenue, Boynton Beach took the podium and pled no contest. The respondent stated they were in the process of obtaining the necessary permits to complete the work. Chairman DeLiso asked the respondent how much time he needed for compliance and he stated 30 days. Motion Based on the testimony and evidence presented in Case No. 99-0169, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Clifford and Velma Powell are in violation of SBC ’94 ED 104.1.1 and 104.7.2 of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondents correct the violations on or before March 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 Enforcement Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Rossi. Motion carried 7-0. Case No. 98-3889 O.D. and Laura G. Williams th Property Address: 200 NE 16 Court Violations: Chapter 15, Article IX-15-120 (D), Inc.; Please install grass in west swale area. 14 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 Inspector Melillo stated the property was cited on November 10, 1998 for violation of the City Appearance Code. th Laura G. Williams, 200 NE 16 Court, Boynton Beach took the podium pled no contest to the November 10, 1998 violation and said she was not guilty because the property has been in compliance. Ms. Williams stated Mr. Melillo showed her two pictures today and she does not agree with the pictures and the pictures do not show that the work was done. Ms. Williams said the pictures presented today were pictures of the east swale and it was the west swale that was cited. The respondent stated they have lived at the property for 25 years and put cones down to keep children off the swale area, but had been informed by another Code Inspector that this was not allowed. Ms. Williams said she has called the School Board several times to request that the bus stop be moved, since the children stand on the grass and will not move. Ms. Williams said they placed Bahia grass and seeds and the children are on the property all the time. Ms. Williams said that at this time of year you cannot have lush green grass and are constantly working on the grass. The respondent further stated that the Code Compliance Department had not contacted them until they received the letter and they felt the property had complied. Vice Chair Frederick stated that there have been no dates for compliance and the letter she received was probably for a new violation which needed to be corrected. Vice Chair Frederick asked Inspector Melillo to clarify the case. Inspector Melillo stated that the work performed on the west side did not last and the property does not comply. Inspector Melillo stated that Section 120 (D), Inclusive covers the entire yard. Mr. Foot said that there needs to be a new citation for the second violation. Mr. Lambert asked the respondent how much time she needed for compliance. Ms. Williams was not sure since she felt Inspector Melillo was stating that the entire yard did not comply and that she has a very large corner lot. Mr. Lambert asked Inspector Melillo if the entire yard needed to be sodded. Inspector Melillo reviewed the condition of the property with the respondent. Inspector Melillo stated that the City had dug up this area last year and the City re-sodded the entire area because of the water drainage problems. Inspector Melillo said that the swale which the respondent is being cited for had been dug up and re-swaled and re-grassed by the City. Ms. Williams requested that Inspector Melillo put it in writing what needs to be done to the property to meet compliance in order avoid any problems in the future. Mr. Blasie said it would be put in writing. Chairman DeLiso asked the respondent how much time she needed for compliance and Ms. Williams requested 60 days. 15 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 Motion Based on the testimony and evidence presented in Case No. 98-3889, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that O.D. and Laura G. Williams are in violation of Code Sections Chapter 15, Article IX-15- 120 (D), Inc. of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondents correct the violations on or before April 19, 1999. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Enforcement 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. 98-3170 James Johnson, Jr. th 533 13 Avenue Boynton Beach, FL Property Address: 913 N. Seacrest Blvd Violations: Chapter 15, Article IX-15-120 (D), Inc., PT3-LDR, Chapter 2, Section 5.G, PT3-LDR, Chapter 20-VIII, Section 2.A, 10-2 and 10-3 of the B.B.C.; Property is to be maintained free from trash and debris; all outside storage needs to be removed, this includes the items stored in the fenced area at the rear of the store; parking lot requires re-surfacing and re-stripping (permit required); extension cord running from store across the driveway to the fenced area needs to be removed; all trees and bushes need to be pruned to comply with Community Appearance standards, including the Areca Palms in front of store; the above requirements are minimum standards as defined in the City of Boynton Beach Code of Ordinances. 16 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 Inspector Webb stated the case was originally cited on September 1, 1998 through a routine neighborhood inspection and service was accomplished by certified mail. Inspector Webb presented photographs to the Board on what remains to be completed. th Mrs. Isabella Johnson , 533 13 Avenue, Boynton Beach took the podium and pled no contest. Ms. Johnson stated the property was commercial property. Ms. Johnson said that most of the violations have been complied with and asked for 90 days to complete the driveway. The respondent stated that she had the driveway done last year, but it did not last and needs to have it redone. Motion Based on the testimony and evidence presented in Case No. 98-3170, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that James Johnson, Jr. is in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc., PT 3-LDR, Chapter 2, Section 5.G, PT 3-LDR, Chapter 20-VIII, Section 2.A, 10-2 and 10-3 of theCity Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before May 17, 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 Enforcement Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriani. Motion carried 7-0. Case No. 98-3570 James M. Terry, Tr. 5505 N. Ocean Boulevard Ocean Ridge, Florida th Property Address: 961 NW 8 Avenue Violations: SBC ’94 Ed, 105.5, 104.1.1 and 105.6; All accessory buildings shall be located only in the side or rear yard at least twelve (12) feet from the principal building; detached storage structures of any type construction not exceeding one hundred (100) square feet in floor area and seven (7) feet in height may be erected to a point at least three (3) feet from the side property line and/or at least three (3) feet from the rear property line providing no easement rights are 17 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 abridged; Call Building Department for proper permits. Inspector Webb stated the property was cited as the result of a citizen’s complaint and service was made by certified mail. Inspector Webb presented photographs for the Board to review. Mr. James Terry, 5505 N. Ocean Boulevard, Ocean Ridge, Florida took the podium and stated that his son resides at the property. Mr. Terry stated that when his son built the shed he was not aware that a building permit was needed. Mr. Terry stated that because the property was located in a flood zone, they were going to try to put wheels on the shed and move it out of the path of the flood waters, but Mr. Don Johnson of the City’s Building Department, stated that a storage trailer is not permitted anywhere on the property. Only recreational trailers are permitted. Mr. Terry said he is going to hire a contractor and an engineer to come up with a site in the backyard for the shed and determine what needs to be done for the shed to meet compliance. Chairman DeLiso asked the respondent the location of the property and Mr. Terry said it was in the Sky Lake area. Chairman DeLiso inquired what the respondent needed to do to the shed in order for the shed to meet compliance. Inspector Webb stated that the main complaint was that the shed was too close to the property line. Assistant City Attorney Igwe reminded Chairman DeLiso that the respondent has not entered a plea. Chairman DeLiso asked the respondent what his plea was and Mr. Terry pled no contest. Mr. Terry said that Mr. Johnson informed him that the shed would have to meet compliance under the same conditions as a residential building, since there are no separate codes for building a shed. Vice Chair Frederick asked the respondent when he intends to contact an engineer and Mr. Terry said that a lot of engineers do not want to bother with this small job and it is a problem. Therefore, Mr. Terry pled no contest and requested 60 days to arrange for the proper drawings and permits. Motion Based on the testimony and evidence presented in Case No. 98-3570, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that James M. Terry, Tr. is in violation of SBC ’94 Ed, 105.5, 104.1.1 and 105.6 of theCity Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before April 19, 1999. If the Respondent does not comply with this 18 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 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 Enforcement 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. 98-2945 Wanda LaCount Property Address: 3480 Ocean Parkway Violations: Chapter 15, Article IX-15-120 (E) 2A and 120 (D), Inc.; Please install sod in yard and swale wherever dead or bare spots occur; house needs to be painted. Inspector Cain stated that the property was originally cited on August 6, 1998. Ms. Wanda LaCount, 3480 Ocean Parkway, Boynton Beach took the podium and stated that her house was painted on August 22, 1999 and pled no contest with regard to the second violation (sod). The respondent requested 90 days. Ms. LaCount said her yard was not very big, but required fill and when the City resurfaced the road they did not put all the sand back and there is 6” difference. Inspector Cain presented photographs of the property to the members of the Board for their review. Inspector Cain did not agree that the swale had been dug out. Ms. LaCount said this was done years ago. Inspector Cain said that the property was level and to the road. Chairman DeLiso noted that there is substantial front yard work necessary for the property to meet compliance. Motion Based on the testimony and evidence presented in Case No. 98-2945, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Wanda LaCount is in violation of Code Sections Chapter 15, Article IX-15-120 (E) 2A and 120 (D), Inc.of theCity Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before May 17, 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 Enforcement Division to arrange for re- inspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. 19 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 Motion carried 7-0. Chairman DeLiso inquired if the respondent would be placing sprinklers on the property and she replied she was not. Case No. 98-3223 Glennie M. Crosby rd Property Address: 411 NW 3 Avenue Violations: Chapter 15, Article IX-15-120 (D), Inc.; Please repair fence; install sod on west side of driveway; clean trash hole and sod it; maintain trash hole to stay in compliance with City Code. Inspector Cain stated the property was originally cited on September 2, 1998. Mr. Cain presented photographs for the Board to review. Ms. Bobbie Joseph , daughter of the respondent, took the podium and stated she lives rd at 411 NW 3 Avenue, Boynton Beach. Ms. Joseph stated that the fence has been repaired and that the City made the hole when they collect the trash. Ms. Joseph was unaware that she could contact the City and they would place dirt in the hole. Ms. Joseph said that the City has since filled the hole. With regard to the area in need of grass, there are three cars that are parked in this spot. Chairman DeLiso said that a driveway needs to be placed on the property. Ms. Joseph said they did plan to install a driveway, but needed time. Chairman DeLiso suggested that the property could be re-sodded and the cars parked elsewhere. Inspector Cain stated that the respondent intended to build an addition to the house and did not want to put in a driveway until the addition was completed. Ms. Joseph stated they would replace the grass and requested 30 days. Motion Based on the testimony and evidence presented in Case No. 98-3223, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Glennie M. Crosby is in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc.of theCity Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before March 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 Enforcement Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. 20 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 Motion carried 7-0. Case No. 99-0003 Roy and Annie Farley th Property Address: 555 NW 9 Avenue Violations: Chapter 15, Article IX-15-120 (D), Inc., PT 3- LDR, Chapter 2, Section 5.D.1 and PT3-LDR, Chapter 2. Section 8A.5.B. (13), 10-2, 10-3, 10-52 (A) and 14-3 of the B.B.C. of Ord.; It is unlawful for any truck greater than 1- ton to be parked in residential area for longer than 15 minutes; please remove truck; please remove all trash and debris, including fence, poles, pipes, auto parts; open storage is not permitted; auto repair is not allowed in a residential district. Inspector Cain stated the property was originally cited on January 4, 1999. Inspector Cain presented photographs for the Board to review. th Mr. Roy Farley, 555 NW 9 Avenue, Boynton Beach took the podium and stated he was not sure why he was present this evening. Chairman DeLiso requested that Inspector Cain present the photographs to the respondent so that he can see why he was present. Mr. Farley said he has always parked the truck in the alleyway and that it was not visible from the street. Mr. Farley pled no contest. Mr. Farley said the pipes and poles were on the property because he intended to build a fence. Mr. Farley said he has resided on this property for 28 years. Chairman DeLiso said that the property looks like a “yard sale”. Mr. Farley said that the items under the tarp would be used to build the fence. Also, he had a gate that would be connected to the fence. Mr. Farley said the back of the fence would be wood and the sides would be a chain link fence with a gate. Vice Chair Frederick asked how long it would take the respondent to install the fence and he stated six months. Vice Chair Frederick inquired if 90 days would be sufficient. Mr. Lambert stated that the respondent did not state how he intended to comply regarding the truck being parked on the property. Inspector Cain read the applicable code section to the respondent regarding the truck. Mr. Farley said he needed three months because it is difficult to find a place to park the truck. Mr. Farley said he did 21 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 park the truck elsewhere, but it had been stripped and he needs the truck to make a living. Motion Based on the testimony and evidence presented in Case No. 99-0003, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Roy and Annie Farley are in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc., PT 3-LDR, Chapter 2, Section 5.D.1 and PT3-LDR, Chapter 2. Section8A.5.B. (13), 10-2, 10-3, 10-52 (A) and 14-3 of theCity Code of Ordinances. Vice Chair Frederick moved to order that the Respondents correct the violations on or before May 17, 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 Enforcement Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. Motion carried 7-0. Mr. Miriani asked why “occupational license required” was also cited. Mr. Blasie stated this was an error and is not applicable to the case. Case No. 99-0017 Joseph Mignano 4315 St. Andrews Drive Boynton Beach, FL Property Address: 57 Misty Meadow Drive Lantana, FL 33462 Violations: 13-16 of the B.B. C.; Every rental unit used for residential living purposes in the City must be licensed; this includes rental property of four units or less, including single family residential rentals, condominiums and mobile homes. Inspector Cain stated that the property was cited on January 5, 1999. Mr. Joseph Mignano, 4315 St. Andrews Drive, Boynton Beach, Florida took the podium and pled not guilty. Chairman DeLiso inquired if the property were rental property. Mr. Mignano said he spoke with some one in the City’s Occupational Licensing Office and informed her that Jason Debrincat is living at the property and is 22 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 not being charged any rent. Mr. Debrincat is in the process of purchasing the property. He is a friend of the family and Mr. Mignano was informed that was o.k. Mr. Mignano said that subsequently he received a notice to appear at tonight’s hearing. Mr. Mignano said that the home inspection took place and the property should be closing in approximately one week. Mr. Blasie suggested that the person living at the property should testify under oath that he is not paying rent. Mr. Blasie said that the Occupational Licensing Department should have had the occupant sign an affidavit that he is not paying rent. Attorney Igwe concurred that this would be sufficient. Jason Debrincat stated that he resides at 57 Misty Meadow Drive, Boynton Beach and has an agreement to buy real estate dated January 1, 1999 and is currently going in the process to purchasing the property through the Bank of Sun Trust and is not paying rent. Motion Based on the testimony and evidence presented in Case No. 99-0017, Mr. Foot moved to find that Joseph Mignano is not in violation of Code Section 13-16 of the Boynton Beach Code of Ordinances. Motion seconded by Mr. Lambert. Motion carried 7-0. CHAIRMAN DeLISO CALLED FOR A RECESS AT 9:15 p.m. MEETING RECONVENED AT 9:25 P.M. LIEN PENALTY CERTIFICATIONS (Previously Tabled) th Case #98-948 Lillian D. Hearst Estate 410 NW 6 Avenue Mr. Blasie stated the property was originally cited on April 15, 1998 and the property came into compliance on February 12, 1999. Mr. Blasie stated that the property is well maintained and was cited for some maintenance near the road where there is a large trash hole. The main problem with this case was that the owner was deceased and her sister is now living on the property. After contacting her, the property was taken care of immediately and the City recommends no fine. 23 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 Motion Based on the testimony and evidence presented in Case No. 98-948, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondent, Lillian Hearst Estate was in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc. and Section 10-2 subsequent to the date of compliance specified in this Board’s Order of October 21, 1998. Mr. Lambert moved that this Board find that the Respondent failed to comply with this Board’s Order and that this Board impose and certify no fine or administrative costs in this case. Motion seconded by Mr. Foot. Motion carried 7-0. st Case #98-1456 Joe and Olga Espinoza, Jr. 2761 NW 1 Street Inspector Blasie stated that the property was originally cited on May 11, 1998 for violation of the Community Appearance Code and first came before the Board on July 15, 1998 and a date and fine was set for September 14, 1998 or $25.00 per day. The property still is not in compliance. The respondents appeared at the first hearing and complied with some of the violations, but the driveway still exist. Inspector Cain has had no contact with the violator. Motion Based on the testimony and evidence presented in Case No. 98-1456, 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 Joe and Olga Espinoza, Jr. have violated this Board’s prior Order of July 15, 1998, and that 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. th Case #98-3372 Hampton Enterprises, Inc. 101 NE 12 Avenue P.O. Box 12060 Boynton Beach, FL 33435 Mr. Blasie stated that the respondent was cited for violations of the LDR, Chapter 20, Article VIII, Section 2.A and Section 2.H, which is minimum housing and general condition of structures, as well as infestation. The case first came before the Board on November 18, 1998 and a date and fine was set for December 14, 1998 or $25.00 per 24 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 day. The property is still not in compliance. Mr. Blasie stated that all violations, except for a railing on the front steps remain. Inspector Roy said there also remains a small hole where pigeons can get in. After discussion, it was decided to table the case and Inspector Roy would follow through with compliance. Motion Mr. Lambert moved that Case No. 98-3372 be tabled until the Code Compliance Board Meeting to be held on March 17, 1999. Motion seconded by Mr. Foot. Motion carried 7-0. th Case #98-3449 Bertha Archille 212 NE 14 Avenue Mr. Blasie stated that the property was originally cited on September 24, 1998 for violation of the Community Appearance Code. The case first came before the Board on December 16, 1998 and a date and fine was set for January 19, 1999 or $25.00. The property is not in compliance and no one appeared at the hearing. Motion Based on the testimony and evidence presented in Case No. 98-3449, 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. Foot moved that this Board find that Bertha Archille has violated this Board’s prior Order of December 16, 1998, and that 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. Lambert. Motion carried 7-0. th Case #98-3458 Guy and Cheryl Evans 155 SE 28 Avenue 728 Avenue Chaumont Delray Beach, FL 33445 Mr. Blasie stated the property was originally cited on September 28, 1998 for violation of the Community Appearance Code. The case first came before the Board on December 16, 1998 and a date and fine was set for January 19, 1999 or $25.00. The property is not yet in compliance. 25 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 Motion Based on the testimony and evidence presented in Case No. 98-3458, 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 Guy and Cheryl Evans have violated this Board’s prior Order of December 16 1998, and that this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Miriani Motion carried 7-0. nd Case #98-2962 Pablo M. Rogelio & 2112 NE 2 Court Estela M. Pascual Mr. Blasie stated that the case was originally cited on August 11, 1998 for violation of the Community Appearance Code. The case first came before the Board on November 18, 1998. A date and fine was set for January 18, 1999 or $25.00 per day. The property is not in compliance and no one appeared at the November hearing. Motion Based on the testimony and evidence presented in Case No. 98-2962, and having considered the gravity of the violations, the actions taken by the Respondents, and any and all previous violations committed by the Respondent, Mr. Lambert moved that this Board find that Pablo M. Rogelio and Estela M. Pascual have violated this Board’s prior Order of November 18, 1998, and that 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. th Case #98-3399 A & DC Development Co., Inc. 240 NW 28 Avenue th 140 NW 16 Street Pompano Beach, FL 33060 Mr. Blasie stated that the property was originally cited on September 22, 1998 for violation of the Community Appearance Code and first came before the Board on November 18, 1998. A date and fine of December 14, 1998 or $25.00 per day was set and the property is not yet in compliance. No one appeared at the November hearing. 26 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 Motion Based on the testimony and evidence presented in Case No. 98-3399, 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 A & DC Development Co., Inc. has violated this Board’s prior Order of November 18, 1998, and that 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 #98-2414 Alexis Idovia & 2657 NE 4 Street Octave Nicholas Mr. Blasie stated that the property was originally cited on June 23, 1998 for violation of the alarm ordinance, decal required. The case first came before the Board on October 21, 1998 and a date and fine was set for f November 16, 1998 or $25.00 per day. Mr. Blasie stated the property complied on February 12, 1999 and no one appeared at the hearing. Mr. Lambert inquired if a fine should be imposed and Mr. Blasie said it should not on an alarm decal violation. Mr. Lambert noted there were 87 days of non-compliance. Mr. Foot said that there were inspection costs. Mr. Blasie stated that in this case, phone calls were made to the violator. It was noted that the respondent received a 30-day letter for payment before a lien is put on the property. Chairman DeLiso noted that many times a homeowner thinks the permit fee has been paid when the alarm is installed, which is not the case. A second permitting process is required for the decal. Mr. Foot suggested that the respondents be fined $50.00, which is not an excessive amount. Mr. Lambert suggested that a standard fine of $100 could be assessed. Mr. Blasie stated that the 30-day letter is only sent out on cases where the fine is not large. Chairman DeLiso suggested there might have been a language problem. Motion Based on the testimony and evidence presented in Case No. 98-2414, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondents, Alexis Idovia and Octave Nicholas were in violation of Code Sections 2.3-5 of the Boynton Beach Code of 27 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 Ordinances, subsequent to the date of compliance specified in this Board’s Order of October 21, 1998. 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 Frederick. Motion carried 5-2 . (Chairman DeLiso and Mr. Foot dissenting) rd Case #97-4400 Paula Padilla 915 SW 3 Avenue Mr. Blasie stated that the case first came before the Board on March 18, 1998 and a date and fine was set for May 18, 1998 or $25.00 per day. The property came into compliance on November 15, 1998. Mr. Blasie stated that the property owner did appear at the hearing and that the next day after the hearing the respondent made application for assistance with Community Improvement. The City recommends no fine because the process took much longer than the time allowed by the Board. Motion Based on the testimony and evidence presented in Case No. 97-4400, 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 Paula Padilla has violated this Board’s prior Order of March 18, 1998, and that this Board impose and certify that no fine or administrative costs in this case. Motion seconded by Mr. Foot. Motion carried 7-0. st Case #98-2165 Gary L. & Earlene Roberts 702 SE 1 Street Inspector Blasie stated that the property was originally cited on June 5, 1998 for violation of the Community Appearance Code and Section 10-2 of the B.B.C. of Ord. The matter first came before the Board on November 18, 1998 and a date and fine was set for January 18, 1999 or $25.00 per day. The property is not in compliance and Mr. Roberts appeared at the hearing and has been to the Code Compliance Office. Mr. Roberts has been in the hospital and had an operation. Inspector Lewis stated people were living at the property and that some of the work has been done. However, Inspector Lewis stated the property is still a mess. Mr. Blasie suggested that the fine be certified. 28 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 Motion Based on the testimony and evidence presented in Case No. 98-2165, 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 Gary L. and Earlene Roberts have violated this Board’s prior Order of November 18, 1998, and that 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. Case #98-3641 Diane R. Copeland Tr. 902 S. Seacrest Avenue 13233 N. Military Trail Delray Beach, FL 33484 Mr. Blasie stated that the property was originally cited on October 15, 1998 for violation of the Community Appearance Code. The matter first came before the Board on December 16, 1998. A date and fine for compliance was set for January 19, 1999 or $25.00 per day and no one appeared at the December hearing and no progress has been made. Motion Based on the testimony and evidence presented in Case No. 98-3641, 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 Diane R. Copeland Tr. has violated this Board’s prior Order of December 16, 1998, and that this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Rossi. Motion carried 7-0. th Case #98-2275 Jean & Elhanise Chery 206 SW 12 Avenue Mr. Blasie stated that the property was originally cited on July 17, 1998 for violation of the Community Appearance Code. The case first came before the Board on November 18, 1998 and a date and fine was set for compliance for January 18, 1999 or $25.00. The property is not in compliance and no one appeared at the hearing. 29 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 Motion Based on the testimony and evidence presented in Case No. 98-2275, 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 Jean and Elhanise Chery have violated this Board’s prior Order of November 18, 1998, and that this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Miriani. Motion carried 7-0. nd Case #98-1971 Art Krell 521 NE 2 Street Mr. Blasie stated that the property was originally cited on July 20, 1998 for violation of the Community Appearance Code and first came before the Board on December 16, 1998. A date and fine was set for compliance of January 19, 1999 or $25.00 per day. No one appeared at the hearing and this violator has been before the Board previously. Motion Based on the testimony and evidence presented in Case No. 98-1971, 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 Art Krell has violated this Board’s prior Order of December 16, 1998, and that 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 #98-3549 Rosemarie Peterson 430 Hoadley Road 1219 Isles Court Boynton Beach, FL 33435 Mr. Blasie stated that the property was originally cited on October 18, 1998 for an occupational license. The case first came before the Board on December 16, 1998 and a date and fine was set for January 19, 1999 or $25.00 per day. The property is not yet in compliance. 30 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 Motion Based on the testimony and evidence presented in Case No. 98-3549, 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 Rosemarie Peterson has violated this Board’s prior Order of December 16, 1998, and that this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Rossi. Motion carried 7-0. th Case #98-3960 Patricia E. Dupras 1205 NW 13 Avenue Mr. Blasie stated that the property was originally cited on November 20, 1998 for violation of the SBC ’94 Ed, permits required for fence. The case first came before the Board on December 16, 1998 and a date and fine was set for December 26, 1998 or $50.00. Mr. Blasie stated that the property is not yet in compliance. Mr. Blasie also reminded members that this case was split into two separate orders because the fence dealt with a swimming pool. Mr. Blasie said that the fence has been put up, but the permit has not been signed off and an inspection is also required. Motion Based on the testimony and evidence presented in Case No. 98-3960, 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 Patricia E. Dupras has violated this Board’s prior Order of December 16, 1998, and that this Board impose and certify a fine in the amount of $50.00 per day, plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Rossi. Motion carried 7-0. th Case #98-3960 Patricia E. Dupras 1205 NW 13 Avenue Mr. Blasie stated that the property was originally cited on November 20, 1998 for violation of the Standard Building Code, permits and inspections required for screen enclosure and shed. Mr. Blasie stated that the case first came before the Board on December 16, 1998 and a date and fine was set for compliance of January 19, 1999 or 31 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 $25.00 per day. Mr. Blasie stated that the Development Department has signed off the screen room, however, the shed was not and is still on the property as of today. Motion Based on the testimony and evidence presented in Case No. 98-3960, 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 Patricia E. Dupras has violated this Board’s prior Order of December 16, 1998, and that this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Finkelstein. Motion carried 7-0. Mr. Foot requested that he be allowed to change his vote on the Manor Care (Case #98-2174) after speaking with Assistant City Attorney Igwe. Mr. Foot said that when he abstained it was not because of a future financial interest, but was because of a past happening. Attorney Igwe said that the motion would have to be changed. Chairman DeLiso stated it would be better if Mr. Foot completed the form and Attorney Igwe said he would personally mail the form to Mr. Foot. Attorney Igwe stated that either way the outcome of the vote would not be affected. It was also noted that the respondent in the case was no longer present. C. LIEN REDUCTION Mr. Blasie sited that the City’s Code of Ordinances, Section 2-79 states the following when considering a lien reduction: “In determining the amount of the fine, if any, the Enforcement Board shall consider the following factors: ? Gravity of the violation, ? Actions taken by the violator to correct the violation, and ? Any previous violations committed by the violator. Mr. Blasie stated he was citing this for the benefit of the new Board member, and informed members that the City Commission, when reviewing minutes, asks these questions. th Case #97-982 Alvin Jr. & Catherine Hauck 111 SE 14 Avenue 32 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 Mr. Blasie stated that the case was originally cited on March 18, 1997 for violation of the Community Appearance Code. At that time the owners of the property were Alvin and Catherine Hauck, Jr. The case first came before the Board on November 19, 1997 and a date and fine for compliance was set for January 19, 1998 or $25.00 per day. No one appeared at that hearing. The number of days of non-compliance was 367 days and the property complied on January 22, 1999. Administrative costs totaled $730.15. Mr. Blasie referred members to the letter that was received by his office from Attorney Philip Vova, of the law firm of Goldberg & Vova, P.A., Miami, Florida (a copy is attached to the minutes). Mr. Blasie stated that Attorney Vova represents Midfirst Bank that now owns the property and the Bank foreclosed on the Haucks. They requested that they not be required to be present this evening and asked Mr. Blasie to present the case to the Board, since they are located in Miami which is a great distance to travel. Mr. Blasie informed Attorney Vova that if he forwarded a document describing what transpired in this case, he would have it put into the record. However, Mr. Blasie stated that they would have to appear at the City Commission meeting. In summarizing the letter from Attorney Vova, seven points were cited as follows: 1. Midfirst Bank is the applicant in the lien reduction; 2. The City’s lien was recorded April 13, 1998; 3. Foreclosure proceedings were instituted approximately one month after recording of the lien, or May 7, 1998; 4. Final judgment was entered against the Haucks on August 7, 1998; 5. The sale was final on October 8, 1998 and a certificate of sale was submitted; 6. On October 20, 1998 the Bank obtained legal access to the property. Mr. Blasie stated that even though foreclosure proceedings began in May, the Bank did not have legal rights to the property until October 20, 1998. However, when the Bank went to take possession, it was determined that the property was still occupied; 7. On November 16, 1998 the people living on the property were evicted. Mr. Blasie said that the Bank started compliance after the eviction and the property complied on January 22, 1999. The reasons that it took two months to comply were because of the holidays. The Attorney stated that his client used due diligence in resolving the problems and going through the appropriate governmental agencies, i.e. HUD. Attorney Vova requested in light of the circumstances outlined above, they are requesting that no fines be levied in the case. Mr. Blasie stated in going back to the three criteria in assessing the fine, the violation was for Community Appearance Code and that the applicant made good efforts to comply and did comply within a reasonable time. Lastly, the Code Enforcement Office 33 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 is not aware of any previous violations that Midfirst Bank previously had with the City of Boynton Beach. Motion Based on the testimony and evidence presented in Case No. 97-982, 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, I move that this Board recommend to the City Commission that the fine instituted in Case No. 97-982, by virtue of this Board’s Order of November 19, 1997, be rescinded and that the lien and all administrative costs imposed by that Order be released. Motion seconded by Mr. Miriani. Mr. Foot raised some concerns that there have been out-of-pocket expenses and that it took the Bank 60 days to meet compliance. Mr. Foot said that the administrative costs of $730.15 should be paid. Vice Chair Frederick noted that the original owner was given 60 days for compliance. Chairman DeLiso asked if there were photos available and Mr. Blasie stated he only had photos of the property before compliance. Mr. Blasie stated the property is a model piece of property, the yard has been sodded and everything looks good. Chairman DeLiso suggested that Mr. Blasie take photographs before the City Commission meeting. Inspector Lewis stated he thought Mr. Hauck attended one of the hearings and stated he could not make the mortgage payments. He had been in an automobile accident and could not come up with the money for the grass and yard. Mr. Hauck did take care of all the other violations. Chairman DeLiso said he could agree with either side and noted that the City did incur expenses. Motion carried 6-1 (Mr. Foot dissenting). VI. NEW BUSINESS A. CASES TO BE HEARD Case No. 98-3306 Michael C. Desimone th 12677 NW 17 Place Coral Springs, FL 33071 Property Address: 518 W. Ocean Avenue 34 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 Violations: Chapter 15, Article IX-15-120 (E) 2, 120 (D) 1, Inc. and PT3-LDR, Chapter 2, Section 8A.5.B. (13); Property is overgrown and needs to be mowed and trimmed of all overgrowth; building needs to be painted and repaired; all open storage needs to be properly screened. Inspector Lewis stated that the property was originally cited on September 10, 1998. Inspector Lewis stated that the property owner requested 60 days and could not be present this evening and that most of the violations have complied, except for some painting and screening. Motion Based on the testimony and evidence presented in Case No. 98-3306, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Michael C. Desimone is in violation of Code Sections Chapter 15, Article IX-15-120 (E) 2, 120 (D) 1, Inc. and PT3-LDR, Chapter 2, Section 8A.5.B. (13) of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before April 19, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Lambert. Motion carried 7-0. Case No. 98-3332 Rose Exantus and Amos Isaac st Property Address: 738 SW 1 Avenue Violations: SBC ’94 Edition 105.6; Permit #98-654 –see copy of “red tag” dated September 10, 1998 for burglar alarm final inspection Inspector Lewis stated that the property was originally cited on September 15, 1998 and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 98-3332, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that 35 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 Rose Exantus and Amos Isaac are in violation of Code Sections SBC ’94 Edition 105.6 of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondents correct the violations on or before March 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. Miriani. Motion carried 7-0. Case No. 98-4274 Brian J. Fitzpatrick P.O. Box 524 Boynton Beach, FL st Property Address: 216 NE 1 Avenue Violations: Chapter 15, Article IX-15-120 (E) 2, Section 13-16 B.B.C. of Ord.; st Violations at 214 and 216 NE 1 Avenue; Fascia board and duplex building need to be painted; occupational rental license is required. Inspector Lewis stated that the case was originally cited on December 30, 1998 and that the respondent asked for 30 days. Motion Based on the testimony and evidence presented in Case No. 98-4274, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Brian J. Fitzpatrick is in violation of Code Sections Chapter 15, Article IX-15-120 (E) 2, Section 13-16 of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before March 15, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriani. Motion carried 7-0. Case No. 98-2422 Janet L. Preble and Alex Holzer Property Address: 3504 S. Seacrest Blvd. Violations: Chapter 15, Article IX-15-120 (D) 1, Inc.; Restore lawn, maintain weed free and mow overgrowth. 36 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 Inspector Roy stated that the property was originally cited on June 23, 1998 through routine inspection and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 98-2422, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Janet L. Preble and Alex Holzer are in violation of Code Sections Chapter 15, Article IX- 15-120 (D) 1, Inc of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondents correct the violations on or before March 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. Miriani. Motion carried 7-0. Case No. 98-4018 Cleo Briggs nd Property Address: 2867 SE 2 Street. Violations: Chapter 15, Article IX-15-120 (D), Inc.; Remove overgrowth and mow; repair driveway and maintain property per code. Inspector Roy stated the case was originally cited on November 21, 1998 through routine inspection and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 98-4018, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Brian J. Fitzpatrick is in violation of Code Sections Chapter 15, Article IX-15-120 ((D), Inc. of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before March 15, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Rossi. Motion carried 7-0. 37 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 Case No. 98-3618 Maria Claudio th Property Address: 1500 NW 4 Street Violations: Chapter 15, Article IX-15-120 (D), Inc.; Please install grass where bare spots occur; repair broken window, driveway and maintain property per code. Inspector Melillo stated the case was originally cited on October 13, 1998 and service was made by certified mail and was a complaint from a City official. City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 98-3618, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Maria Claudio is in violation of Code Sections Chapter 15, Article IX-15-120 ((D), Inc. of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before March 15, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriani. Motion carried 7-0. Case No. 98-4035 Albert T. Hutson st Property Address: 215 NW 1 Street Violations: Chapter 15, Article IX-15-120 (D), Inc.; Please remove all loose trash and debris from your property; install grass in yard where bare spots occur. Inspector Melillo stated that case was originally cited on November 23, 1998 and service was done by posting. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 98-4035, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Albert T. Hutson is in violation of Code Sections Chapter 15, Article IX-15-120 ((D), Inc. 38 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before March 15, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Rossi. Motion carried 7-0. Mr. Foot mentioned that the address of the owners is not printed on the new forms as was done on the old forms. Mr. Foot said without this information, the Board will not know if the property is rental property. Mr. Blasie said that staff is working on modifying the forms which is the result of an HTE upgrade. Case No. 98-4042 Raymond and Linda M. Torres st Property Address: 2170 NW 1 Street Violations: Chapter 15, Article IX-15-120 (D), Inc.; Please remove all loose trash and debris from your property; install grass where bare spots occur. Inspector Melillo stated the case was originally cited on November 23, 1998 and service was made through certified mail. Inspector Melillo stated that most of the grass was put down today, but there are still unregistered motor vehicles on the property, as well as some trash still remains. There is no grass in the swale area. City recommends 30 days. Vice Chair Frederick noted that the cars were not cited. Inspector Melillo said the unregistered vehicles is covered under the Community Appearance Code violations. Motion Based on the testimony and evidence presented in Case No. 98-4042, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Raymond and Linda M. Torres are in violation of Code Sections Chapter 15, Article IX- 15-120 ((D), Inc. of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondents correct the violations on or before March 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. Foot. 39 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 Motion carried 7-0. Case No. 98-4112 Willie and Paula A. Knowles th Property Address: 401 NW 16 Avenue Violations: Section 2.5.3 B.B.C. of Ord.; Alarm Decal required. Inspector Melillo stated the case was referred by the Police Department and service was made by certified mail. Inspector Melillo said he went to the house and spoke to the children and left his card. Also, Inspector Melillo said he went back to the property and spoke with the owner and explained the gravity of the violations and the violator still has not complied. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 98-4112, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Willie and Paula A. Knowles are in violation of Code Sections 2.5.3 of the Boynton Beach Code of Ordinances. Vice Chair Frederick moved to order that the Respondents correct the violations on or before March 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. Foot. Motion carried 7-0. Case No. 98-4129 Doug Bono st Property Address: 2021 NE 1 Way Violations: Chapter 15, Article IX-15-120 (D), Inc.; PT3-LDR, Chapter 20-VIII, Sections 1.G, 2.A, 2.D and 2.H; Please remove all loose trash and debris; repair driveway; install grass in yard and swale where bare spots occur; repair or remove room on west side of house; repair all windows; secure and weatherproof building; exterminate to stop infestation of rats and other vermin. 40 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 Inspector Melillo stated that the case was originally cited on December 3, 1998 from a complaint from the neighbors. Service was made by posting and the City recommends 90 days. Inspector Melillo said that he spoke with the violator on many occasions and he had been incarcerated. Mr. Bono had inherited the house from his grandmother and the violator had a friend watching the house who totally destroyed the whole house. Inspector Melillo said the violator has been cleaning the house everyday and that he would be able to meet compliance within 90 days. The City agreed to 90 days. Inspector Melillo said the building is secure and the windows have been fixed. Most of the trash has been removed and the violator is making every effort to comply. Motion Based on the testimony and evidence presented in Case No. 98-4129, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Doug Bono is in violation of Chapter 15, Article IX-15-120 (D), Inc.; PT3-LDR, Chapter 20-VIII, Sections 1.G, 2.A, 2.D and 2.H of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before May 17, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriani. Motion carried 7-0. Case No. 98-4186 W. C. Collins Est. th Property Address: 1619 NE 4 Street Violations: Chapter 15, Article IX-15-120 (D), Inc.; PT3-LDR, Chapter 20-VIII, Sections 1.G, and 10-2 B.B.C. of ORD; Please mow grass, weed and trim yard and swale; remove all loose trash and debris from property; repair all broken windows and secure house; install grass in yard and swale; clean pool water and treat, so insects do not breed in dank water. Inspector Melillo stated that case was originally cited on December 9, 1998 from a complaint by the neighbors. Service was made by certified mail and the City recommends 30 days. 41 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 Vice Chair Frederick inquired if the house was empty and if the house was secured. Inspector Melillo stated that the house and pool have been secured. Motion Based on the testimony and evidence presented in Case No. 98-4186, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Doug Bono is in violation of Chapter 15, Article IX-15-120 (D), Inc.; PT3-LDR, and 10-2 of the Boynton Beach Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before March 15, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. Motion carried 7-0. Case No. 98-4188 Andre St. Juste 925 Greenbriar Drive Boynton Beach, FL th Property Address: 440 NE 14 Avenue Violations: Section 13-16 of the B.B.C. of Ord.; Please obtain proper occupational license. Inspector Melillo stated the property was cited through routine neighborhood inspection and service was made by posting and the City recommends 60 days. Chairman DeLiso inquired if there was still tarp on top of the roof. Chairman DeLiso asked why the City hasn’t done something about this property. Mr. Blasie said that the next step will be to write the property for demolition and stated the reason the property was cited for a license was to allow access to the City to inspect the property. However, Mr. St. Juste has not applied for a license. Mr. Blasie stated that last week the tenant allowed him access to the house and he took photographs of the roof damage and obtained written statements from the tenant that they are paying rent. Vice Chair Frederick inquired why the City was recommending 60 days. Inspector Melillo stated that 60 days would be needed if the violator wanted to come into compliance. Inspector Melillo stated that in order to obtain an occupational license, the property must come into compliance on all the other outstanding violations. 42 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 Chairman DeLiso inquired how much time would be needed for the demolition. Mr. Blasie said that the letter would give the respondent 30 days to appeal. If there were no appeal, it would probably take another 60 days. Motion Based on the testimony and evidence presented in Case No. 98-4188, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Andre St. Juste is in violation of Section 13-16 of the Boynton Beach Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before April 19, 1999. If the Respondent does not comply with this Order, a fine in the amount of $50.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriani. Motion carried 7-0. Chairman DeLiso asked about the status of the foreclosure on this property and Mr. Blasie did not know. Attorney Igwe will check on the status of the foreclosure and the bankruptcy. Case No. 98-2103 John W. Thamarus, Jr. th Property Address: 815 NW 6 Avenue Violations: Chapter 15, Article IX-15-120 (D) 1, Inc.; Re-sod yard, trim hedge, trees, also, irrigation system shall be maintained in good working order. Inspector Webb stated the property was originally cited on June 1, 1998 through a citizen’s complaint. Service was obtained by hand carry and staff recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 98-2103, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that John W. Thamarus, Jr. is in violation of Code Section Chapter 15, Article IX-15-120(D) 1, Inc. of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before March 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 43 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. Motion carried 7-0. Case No. 98-2136 Biana H. Jones th Property Address: 221 NW 5 Court Violations: Chapter 15, Article IX-15-120 (D) 1, Inc.; Please sod west side of property; remove all unlicensed and/or inoperable vehicles. Inspector Webb stated the property was originally cited on June 3, 1998 through routine neighborhood inspection. Service was made by certified mail and staff recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 98-2136, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Biana H. Jones. is in violation of Code Section Chapter 15, Article IX-15-120 (D) 1, Inc. of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before March 15, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. Motion carried 7-0. Case No. 98-3147 Carolyn T. Allen th Property Address: 525 NW 12 Avenue Violations: 10-52 of the B.B.C. of Ord.; Please remove all inoperable and unlicensed vehicles from your property. Inspector Webb stated the property was originally cited on August 31, 1998 through a citizen’s complaint and service was done by posting. Staff recommends 30 days. 44 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 Motion Based on the testimony and evidence presented in Case No. 98-3147, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Carolyn T. Allen is in violation of Code Section 10-52 of the Boynton Beach Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before March 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. Lambert. Motion carried 7-0. Case No. 98-3737 Julius and Deloris Bell th Property Address: 534 NW 5 Street Violations: 13-16 of the B.B.C. of Ord.; Every rental unit used for residential living purposes in the City must be licensed; this includes rental property four units or less, including single family residential rentals, condominiums and mobile homes. Inspector Webb stated the property was originally cited on October 22, 1998 through routine neighborhood inspection and service was obtained by posting. Staff recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 98-3737, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Julius and Deloris Bell are in violation of Code Section 13-16 of the Boynton Beach Code of Ordinances. Vice Chair Frederick moved to order that the Respondents correct the violations on or before March 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. Foot. Motion carried 7-0. 45 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 Case No. 98-3740 Courthouse Plaza Property Address: 109 E. Boynton Beach Blvd. Violations: Chapter 15, Article IX-15-120 (E) 2A, 120 (D) 1, Inc., PT3-LDR, Chapter 21-I, Section 12 and Chapter 23, Article II.O; Please repair electrical sign to code; secure electrical contractor and permits; landscape must be sodded and maintained; building needs painting; parking lot needs to be re-sealed and re-striped. Inspector Webb stated the property was originally cited on October 22, 1998 through routine neighborhood inspection and service was obtained by certified mail. Staff recommends 30 days. Vice Chair Frederick said that 30 days was not enough time for all the work required. Inspector Webb recommended 60 days. Motion Based on the testimony and evidence presented in Case No. 98-3740, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Courthouse Plaza is in violation of Code Sections Chapter 15, Article IX-15-120 (E) 2A, 120 (D) 1, Inc., PT3-LDR, Chapter 21-I, Section 12 and Chapter 23, Article II.O of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before April 19, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriani. Motion carried 7-0. Case No. 98-3751 Estate of Don H. Dunnaway th Property Address: 315 NE 5 Avenue Violations: PT3-LDR, Chapter 20, VIII, Section 1.G, SBC ’94 ED 104.1 and 3401.6; Unfit dwelling units. Any dwelling unit having the following defects may be designated by the Development Department as unfit for human habitation: (a) structure lacks sanitation, inadequate or unsafe 46 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 wiring or other facilities adequate to protect the health and safety of occupants; (b) the structure, because of general condition, is unsafe or otherwise detrimental to health and safety and that it creates a serious hazard to the occupants; the structure is unfit for human habitation. Inspector Webb stated the property was cited through a complaint by the Police Department and service was by certified mail. Staff recommends 20 days. Motion Based on the testimony and evidence presented in Case No. 98-3751, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that the Estate of Don H. Dunnaway is in violation of Code Sections PTt3-LDR, Chapter 20, VIII, Section 1.G, SBC ’94 ED 104.1 and 3401.6 of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before March 7, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriani. Motion carried 7-0. Case No. 98-3766 Secretary of Veterans Affairs nd Property Address: 311 NW 2 Street Violations: Chapter 15, Article IX-15-120 (D) 1, Inc.; Please re-sod yard; trim hedges; repair driveway apron, replace fascia boards and paint. Inspector Webb stated the property was cited through routine neighborhood inspection and service was made by certified mail. Staff recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 98-3766, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that 47 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 the Secretary of Veterans Affairs is in violation of Code Sections Chapter 15, Article IX- 15-120 (D) I, Inc. of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before March 15, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re- inspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. Motion carried 7-0. Case No. 98-4105 June B. Rich and Kelly Noyes Property Address: 1239 Gondola Lane Violations: 2.5-3 of the B.B.C. of Ord.; alarm decal required. Inspector Webb stated the property was originally cited on December 2, 1998 for a red tag from the Building Department. Service was made by posting and staff recommends 10 days. Motion Based on the testimony and evidence presented in Case No. 98-4105, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that June B. Rich and Kelly Noyes are in violation of Code Sections 2.5-3 of the Boynton Beach Code of Ordinances. Vice Chair Frederick moved to order that the Respondents correct the violations on or before March 1, 1999. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriani. Motion carried 7-0. Case No. 98-1571 Crystal L. Simpson Property Address: 3201 N. Seacrest Blvd. Violations: Chapter 15, Article IX-15-120 (D), Inc. and PT3-LDR, Chapter 2, Section 4.J.1; Please de-weed yard, install sod wherever dead or bare spots occur; trim hedge to 4’ or less in front yard. 48 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 Inspector Cain stated the property was originally cited on April 4, 1998. Inspector Cain said that the hedges have complied, but the other violations still exist. Service was made by posting and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 98-1571, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Crystal L. Simpson is in violation of Code Sections Chapter 15, Article IX-15-120 (D), Inc. and PT3-LDR, Chapter 2, Section 4.J.1 of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before March 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. Lambert. Motion carried 7-0. Case No. 98-2847 Donna L. Haye Property Address: 2861 N. Seacrest Blvd. Violations: Chapter 15, Article IX-15-120 (E) 2B; Please replace roof and remove all derelict objects off roof. Inspector Cain stated the property was originally cited on July 29, 1998 and service was obtained by certified mail. City recommends 30 days. Vice Chairman Frederick questioned if the roof could be done in 30 days. Inspector Cain said the whole roof did not need to be replaced, but only a spot on the corner that has a hole that needs patching. Motion Based on the testimony and evidence presented in Case No. 98-2847, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Donna L. Haye is in violation of Code Sections Chapter 15, Article IX-15-120 (E) 2B of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before March 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 49 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. Motion carried 7-0. Case No. 98-2980 Condor Investments of Palm Beach, Inc. Property Address: 7000 High Ridge Road Violations: SBC ’94 Ed., Section 104.1.5; Permit #98-0050 inspection is required; see copy of “red tag” dated July 31, 1998. Inspector Cain stated the case was originally cited on August 13, 1998 and service was accomplished by certified mail. City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 98-2980, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Condor Investments of Palm Beach, Inc. is in violation of Code Sections SBC ’94 Ed., Section 104.1.5 of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before March 15, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re- inspection of the property to verify compliance with this Order. Motion seconded by Mr. Rossi. Motion carried 7-0. Case No. 98-3097 Lisha Thompson Property Address: 3351 E. Atlantic Dr. Violations: Chapter 15, Article IX-15-120 (D), Inc.; Please de-weed and define driveway and maintain weed free; install sod wherever dead or bare spots occur. Inspector Cain stated the property was originally cited on August 25, 1998 and service was accomplished by certified mail. The City recommends 30 days. 50 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 Motion Based on the testimony and evidence presented in Case No. 98-3097, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Lisha Thompson is in violation of Code Sections Chapter 15, Article IX-15 120 (D), Inc. of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before March 15, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriani. Motion carried 7-0. Case No. 98-3132 Rochelle Steinman th Property Address: A517 NE 5 Avenue Violations: PT3-LDR, Chapter 2, Section 6.E.2; Outside storage is not permitted in a CBD Zone; please remove all tires, inoperable vehicles, discarded items, derelict objects, junk and debris from rear of building. Inspector Cain stated the property was cited on August 27, 1998 and service was accomplished by certified mail. City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 98-3132, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Rochelle Steinman is in violation of Code Sections PT3-LDR, Chapter 2, Section 6.E.2; Inc. of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before March 15, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. Motion carried 7-0. Case No. 98-3621 Lucio and Maria V. Garcia Property Address: 519 N. Seacrest Blvd. 51 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 Violations: 13-16 B.B.C. of Ord.; Every rental unit used for residential living purposes in the City must be licensed. This includes rental property four units or less, including single family residential rentals, condominiums and mobile homes. Inspector Cain stated the property was originally cited on October 14, 1998 and service was made by posting the property. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 98-3621, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Lucio and Maria V. Garcia are in violation of Section 13-16 of the Boynton Beach Code of Ordinances. Vice Chair Frederick moved to order that the Respondents correct the violations on or before March 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. Miriani. Motion carried 7-0. Case No. 98-3622 Lucio and Maria V. Garcia Property Address: 3245 East Palm Drive Violations: 13-16 B.B.C. of Ord.; Every rental unit used for residential living purposes in the City must be licensed; this includes rental property, four units or less, including single family residential rentals, condominiums and mobile homes. Inspector Cain stated the property was originally cited on October 14, 1998 and service was obtained by posting the property. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 98-3622, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that 52 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 Lucio and Maria V. Garcia are in violation of Section 13-16 of the Boynton Beach Code of Ordinances. Vice Chair Frederick moved to order that the Respondents correct the violations on or before March 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. Foot. Motion carried 7-0. Case No. 98-3839 Willio Dieujuste and Mary Ange Property Address: 580 Alto Road Violations: Chapter 15, Article IX-15-120 (B) 2, Inc. and 13-16 B.B.C. of Ord.; Please remove all wood chips from swale area; they are not permitted; install sod; Every rental unit used for residential living purposes in the City must be licensed. Inspector Cain stated the property was originally cited on November 6, 1998 and the wood chips have complied, but the occupational license is still outstanding. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 98-3839, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Willio Dieujuste and Mary Ange are in violation Code Sections Chapter 15, Article IX-15- 120 (B) 2, Inc. and 13-16 of the Boynton Beach Code of Ordinances. Vice Chair Frederick moved to order that the Respondents correct the violations on or before March 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. Foot. Motion carried 7-0. Case No. 98-3842 Fredericka Dixon th Property Address: 2407 NE 4 Court 53 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 Violations: Chapter 15, Article IX-15-120 (D) 1.D and 13-16 B.B.C. of Ord.; Please install sod on north side of house; Every rental unit used for residential living purposes in the City must be licensed. Inspector Cain stated the property was originally cited on November 6, 1998 and service was made by posting the property. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 98-3842, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Fredericka Dixon is in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1.D and 13-16 of the Boynton Beach Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before March 15, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re- inspection of the property to verify compliance with this Order. Motion seconded by Mr. Miriani. Motion carried 7-0. Case No. 98-3843 Henry D. Roberson nd Property Address: 2511 NW 2 Street Violations: Sections 10-2 and 13-16 B.B.C. of Ord.; Yard is overgrown; please mow; Every rental unit used for residential living purposes in the City must be licensed. Inspector Cain stated the property was originally cited on November 6, 1998. The yard has complied, but the occupational license violation is still outstanding. Service was accomplished by certified mail and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 98-3843, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that 54 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 Henry D. Roberson is in violation of Code Sections 13-16of the Boynton Beach Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before March 15, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot Motion carried 7-0. Case No. 98-4061 Robert T. and Arlene A. Byrne rd Property Address: 2612 NE 3 Court Violations: Chapter 15, Article IX-15-120 (D), Inc.; Please install sod in yard wherever dead or bare spots occur; repair driveway apron; remove all derelict objects from under carport, including furniture, major and minor appliances. Inspector Cain stated the property was originally cited on November 24, 1998. Inspector Cain stated that the driveway and yard violations still exist, but the other violations have complied. Service was made by posting the property and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 98-4061, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Robert T. and Arlene A. Byrne are in violation of Code Sections Chapter 15, Article IX- 15-120(D), Inc.of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondents correct the violations on or before March 15, 1999. If the Respondents do not comply with this Order, a fine in the amount of $100.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re- inspection of the property to verify compliance with this Order. Mr. Miriani inquired why the fine was so high on this property. Chairman DeLiso stated that he had received a phone call from a resident of Village Royale on the Green in reference to the property and the property is an eyesore. It seems that the property, which has only one bedroom, is being rented on one side to a couple with four children. 55 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 Chairman DeLiso said Mr. Blasie is aware of this. This has occurred at this property on previous occasions and is a problem property. Mr. Miriani seconded the motion. Motion carried 7-0. Chairman DeLiso inquired if the Health Department or HRS become involved in these types of cases. Mr. Blasie said he would be able to answer this question tomorrow since he is working with the Health Department. Typically, the Health Department has not been doing many residential inspections, but has assisted in other cases. Mr. Foot inquired why the property was not cited for an occupational license and Inspector Cain stated the property was licensed. Mr. Blasie stated the property is a duplex and was licensed sometime ago. Case No. 98-4176 Inoel and Jeanette Ruiz Property Address: 3225 E. Atlantic Drive Violations: Chapter 15, Article IX-15-120 (B). 1 and 120 (D), Inc.; Please de-weed north side of driveway; re-rock or sod it; swale area needs to be sodded also. Inspector Cain stated that the property was originally cited on December 8, 1998 and service was accomplished by certified mail. City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 98-4176, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Inoel and Jeanette Ruiz are in violation of Code Sections Chapter 15, Article IX-15-120 (B).1 and (D), Inc.of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondents correct the violations on or before March 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. Miriani. Motion carried 7-0. Case No. 98-4248 Larry and Valerie Andress Property Address: 4071 Manor Forest Lane Lantana, FL 33462 56 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 Violations: SBC ’94 Edition, 104.6.1; Permit #98- 1366; See copy of “red tag” dated October 15, 1998. Inspector Cain stated the case was originally cited on December 17, 1998 and service was accomplished by certified mail. The City recommends 60 days. Motion Based on the testimony and evidence presented in Case No. 98-4248, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Larry and Valerie Andress are in violation of SBC ’94 Edition 104.6.1 of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondents correct the violations on or before March 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. Miriani. Mr. Foot asked if a red tag indicated there was a safety problem and asked why the City recommended 60 days. Inspector Cain stated the respondent is working with the Building Department to obtain a variance regarding a fence. Motion carried 7-0. VII. OTHER BUSINESS A. AUTHORIZATION TO FORECLOSE Case No. 98-1123 James & Eddie McGrady Case No. 98-1387 H. Brunson & E. Howard Case No. 98-1707 Fred Garrett Case No. 98-2033 Roger and Iluminada Morse Case No. 98-0771 P. Sylince and E. Exeat 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. 57 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA FEBRUARY 17, 1999 VIII. ADJOURNMENT Motion Vice Chair Frederick moved that the meeting adjourn. Motion seconded by Mr. Lambert. Meeting property adjourned at 10:45 p.m. Respectfully submitted, ______________________________ Barbara M. Madden Recording Secretary (four tapes) 58