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Minutes 01-20-99 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, JANUARY 20, 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 Patti Hammer Attorney Dick Lambert Inspectors: Ralph Barquin James Miriana Courtney Cain Enrico Rossi Skip Lewis Mike Melillo Pete Roy Willie Webb I. CALL TO ORDER Chairman DeLiso called the meeting to order at 7:08 p.m. II. APPROVAL OF MINUTES OF DECEMBER 15, 1998 MEETING Chairman DeLiso called for a motion to approve the minutes of the December 15, 1998 meeting. Motion Mr. Lambert moved that the minutes of the December 15, 1998 meeting be approved. Motion seconded by Mr. Foot. 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 were no additions, but the following deletions were made to the Agenda: A. Page 53 (Case 98-4040), Marjorie Roberson, Tr. (removed) B. Page 54 (Case 98-4041) Marjorie Roberson, Tr. (removed) C. Page 61 (Case 98-3863) Antonio & Josephine Vinci (removed) D. Page 67 (Case 98-4249) Eleanor Zaremba (complied) MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 E. Page 68 (Case 98-1167) Evelyn and Barbara Jackson (removed) F. Page 71 (Case 98-3343) Robert Bridges (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. Miriani. Motion unanimously carried. 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. 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. A. LIEN PENALTY CERTIFICATIONS (Previously Tabled) None B. LIEN PENALTY CERTIFICATIONS Case #98-3372 Hampton Enterprises, Inc. 101 NE 12th Avenue P.O. Box 12060 Boynton Beach, FL 33435 Mr. Blasie stated that staff recommends the case be tabled. According to Inspector Roy, the work should be completed by next month. Motion Vice Chair Frederick moved that Case No. 98-3372 be tabled. Motion seconded by Mr. Lambert. Motion carried 7-0. rd Case #98-937 Robert & Mary Ann Davis 707 SE 3 Street 4217 Logan Circle Lake Worth, FL 33463 2 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 Mr. Blasie stated the case was originally cited on April 15, 1998 for violation of the City’s 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. The property complied on January 19, 1999 and staff recommends no fine. Motion Based on the testimony and evidence presented in Case No. 98-937, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondents, Robert and Mary Ann Davis were in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1, INC. Mr. Lambert moved that this Board find that the Respondents failed to comply with this Board’s Order and that this Board impose and certify no fine or administrative costs. Motion seconded by Vice Chair Frederick. Motion carried 7-0. Case #97-4529 John Snow 304 S. Seacrest Blvd. rd 125 SE 3 Avenue Boynton Beach, FL 33435 Mr. Blasie stated that the case was originally cited on December 18, 1997 for violation of the City’s Community Appearance Code and first came before the Board on October 21, 1998 and a date and fine was set for January 1, 1999 or $25.00. Mr. Blasie stated the property is still not in compliance and staff recommends tabling the case until the next meeting. Motion Mr. Lambert moved that Case No. 97-4529 be tabled until the Code Compliance Board Meeting to be held on February 17, 1999. Motion seconded by Vice Chair Frederick. Motion carried 7-0. th Case #98-2372 Molaire Francois 261 NW 28 Avenue Mr. Blasie stated the property was originally cited on June 22, 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. The property complied on January 15, 1999 or 31 days of non-compliance. Staff recommends no fine. 3 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 Motion Based on the testimony and evidence presented in Case #98-2372, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondent, Molaire Francois, was in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1.1, 1.B and 1.D. subsequent to the date of compliance specified in this Board’s Order of August 19, 1998. Mr. Lambert moved that this Board find that the Respondent failed to comply with this Board’s Order, and that this Board impose and certify no fine or administrative costs. Motion seconded by Mr. Miriani. Motion carried 7-0. th Case #98-3396 Leon & Gail Jenkins 222 NW 10 Avenue 16049 Rio Del Sol Delray Beach, FL 33446 Mr. Blasie stated that the property was originally cited on September 22, 1998 for violation of the City’s Community Appearance Code and Part 3 of the Land Development Regulations for minimum housing requirements and Section 10-2. The matter first came before the Board on November 18, 1998 and a date and fine was set for December 14, 1998 or $50.00 per day. Records indicate that the property complied on January 13, 1999 and there were 29 days of non-compliance. Staff recommends that the property owner be heard this evening. Mr. Blasie stated that the property has been cited numerous times and has been before this Board previously for Community Appearance Code violations. Chairman DeLiso asked to view photos of the property and requested the respondent take the podium. Leon Jenkins, 16049 Rio De Sol, Delray Beach, Florida took the podium and asked Inspector Cain to assist as to why the respondent did not meet compliance by the compliance date. Inspector Cain stated that on December 29, 1998 the case complied and did not get into the file on that date. Inspector Cain stated that the compliance date on the agenda of January 13, 1999 is incorrect and the property complied on December 29, 1998. Therefore, there were only 14 days of non- compliance. Mr. Jenkins stated he was adamant because Inspector Webb was out of the office and usually about one week prior to the compliance date, he requests that the Inspector come out to the property and he called the Code Compliance Office on a continuous basis. Mr. Jenkins said he contacted Inspector Cain who spoke with Inspector Webb and Mr. Cain inspected the property. Mr. Jenkins stated he could not meet compliance because the tenant’s vehicle could not be moved off the property at the request of the insurance company and that Inspector Webb stated he could have an additional 30 4 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 days. Mr. Jenkins said he started repairs on the inside of the property weeks ago. Mr. Jenkins said that Inspector Cain came back out to inspect the outside of the property th sometime around December 20, but because Mr. Jenkins had a death in the family, he had to leave. Mr. Jenkins stated he was under the assumption that his property was in th compliance. Mr. Jenkins said that when he returned on December 28 and determined he was not in compliance, he contacted Inspector Cain who inspected the property and the property complied the next day. Chairman DeLiso acknowledged that Mr. Webb had been out of work for awhile, but stated that Mr. Jenkins is constantly being cited. Chairman DeLiso also said that Mr. Jenkins is familiar with the system and that the case should not have gotten to the Board. Mr. Jenkins asked Inspector Webb to acknowledge that he gave Mr. Jenkins an additional 30 days for compliance regarding the tenant’s vehicle, because he had to intervene because a fight was about to ensue. Mr. Jenkins stated at that time the inside of the property was in compliance. Inspector Webb confirmed that the insurance company did not want the vehicle moved until it could be appraised. Chairman DeLiso inquired if this was the reason the respondent was 14 days in non-compliance and Inspector Webb said this was the reason. Vice Chair Frederick stated he was going to make a motion that no fine be levied in this case since Mr. Jenkins worked in good faith to resolve the problems and that there were administrative problems which assisted towards the 14 days of non-compliance. Motion Based on the testimony and evidence presented in Case #98-3396, Vice Chair Frederick moved that this Board find, as a matter of fact, that the Respondents, Leon and Gail Jenkins, were in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1.E, (E) 2.A, PT3-LDR, Chapter 20-VIII, Section 2.A, B, D, E, H, SFPC 603.2, 903.2.1 and Section 10-2, subsequent to the date of compliance specified in this Board’s Order of November 18, 1998. Vice Chair Frederick moved that this Board find that the Respondents failed to comply with this Board’s Order, and that this Board impose and certify no fine or administrative costs. Motion seconded by Mr. Lambert. Mr. Foot stated that a rodent had bitten a child’s foot and this is a matter of public safety. Chairman DeLiso agreed with Mr. Foot, but stated the 14 days of non- compliance was due to the vehicle being left in the yard and that the other violations had complied. Mr. Foot said he did not want to see any properties in the City of Boynton Beach inhabited by rats biting a child. 5 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 Motion carried 6–1 (Mr. Foot dissenting ). Chairman DeLiso noted that this same respondent had two additional cases on tonight’s agenda and requested that they be heard at this time. Mr. Blasie stated the cases were under New Business on pages 47 and 48. Case No. 98-3634 Leon Jenkins 16049 Rio Del Sol Delray Beach, FL 333446 st Property Address: 401 NW 1 Court Violations: Chapter 15-Article IX-15-20 (D), Inc.; Please remove all loose trash and debris from property; install grass in yard and swale. Mr. Jenkins remained at the podium. Inspector Melillo stated that the property was originally cited on October 14, 1998 for violations of the City’s Community Appearance Code through routine neighborhood inspection and service was accomplished by certified mail. Inspector Melillo presented photographs for the Board’s inspection. Chairman DeLiso asked Mr. Jenkins to enter his plea and Mr. Jenkins pled no contest and asked for 30 days. Motion Based on the testimony and evidence presented in Case No. 98-3634, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Leon Jenkins is in violation of Code Sections, Chapter 15-Article IX-15-20 (D), Inc. of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before February 15, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day 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. Mr. Rossi indicated that with the poor track record of the respondent, the fine should be increased to $100 per day. Vice Chair Frederick amended his motion to increase the fine to $100.00 per day and Mr. Lambert seconded the amendment. Motion carried 7-0. 6 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 Case No. 98-3928 Leon & Gail Jenkins 16049 Rio Del Sol Delray Beach, FL 333446 Property Address: 1860 N. Seacrest Boulevard Violations: Chapter 15-Article IX-15-20 (D), Inc. and PT3-LDR, Chapter 20-VIII, Section 2.A; Please repair all soffits and vent screens; repair or replace front door and all broken windows; install grass where trash hole exists. Mr. Jenkins remained at the podium. Inspector Melillo stated that the property was cited through a complaint from the Police Department and service was accomplished by certified mail. Inspector Melillo presented photographs to the Board for their inspection. Mr. Jenkins entered a plea of no contest and requested 30 days. Mr. Jenkins stated with regard to the previous case, most of the work has been completed except for a couple pallets of grass. With regard to this case, he has replaced the broken windows at least six times. Mr. Jenkins stated that the Hester Center is used as a shortcut and people cross his property and throw items at the windows of his tenants, who are Haitian. Mr. Jenkins stated this is a constant problem. Mr. Jenkins stated he has reported this to the police on several occasions.Mr. Jenkins requested 45 days. Inspector Melillo stated that the outside of the property needs extensive work. Motion Based on the testimony and evidence presented in Case No. 98-3928, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Leon and Gail Jenkins is in violation of Code Sections, Chapter 15-Article IX-15-20 (D), Inc. and PT 3 – LDR, Chapter 20-VIII, Section 2.A of the City 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 $100.00 per day 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. Lambert. Motion carried 7-0. 7 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 C. LIEN REDUCTIONS th Case #93-1367 L.L. & Ella Lester 406 NW 7 Avenue Mr. Blasie stated the case was originally cited on December 14, 1998 as the result of a citizen’s complaint. The complaint was for a non-permitted shed and for trash and debris on the property. The fence around the property also was not permitted and there were unlicensed vehicles on the property. On January 19, 1994 the matter came before the Code Compliance Board and Mr. Lester appeared and pled no contest. In reviewing the minutes there was some discussion as to whether the respondent understood what he was pleading no contest to. Mr. Lester pled no contest and requested 60 days to comply. There were two methods for the respondent to comply. One, to obtain permits for the shed and fence and remove the vehicles and the debris and junk from within the fenced in area. The vehicles were removed and the shed was taken care of within the time for compliance. However, in verifying compliance, inspection revealed the non-permitted fence and the debris inside remained. The second method for compliance would have been to remove all the items and debris, including the non-permitted fence and shed. On April 20, 1994 the Board certified the fine for the fence and debris inside the fenced in area. Mr. Lester applied for a permit for the shed and the fence on April 12, 1994. The permit was issued on August 3, 1994, three and one-half months after the Board certified the fine. Mr. Blasie was uncertain as to what transpired between April 20 and August 3, 1994. Mr. Lester said his friend in the construction business was supposed to draw the plans and obtain the permits. Evidently, this friend did not obtain the permit until August 3, 1994, which caused Mr. Lester to accumulate fines and resulted in a lien on his property. Mr. Blasie stated that the compliance date on the property was August 3, 1994 and actually a final inspection was not done on the property until April 24, 1998. The permit had been obtained, for which the respondent was originally cited. Chairman DeLiso asked to view the pictures of the property. Mr. Blasie asked Mr. Lester to confirm that the pictures being presented were pictures of his property, which he did. Mr. Blasie presented the before and after pictures to the Board for their review. Mr. Blasie stated the photographs were taken January 19, 1994 and one photograph was taken today on January 20, 1999. The photographs were only of the portion of the property that was not in compliance and the remainder of the property has been in compliance since 1994. Mr. Blasie stated the case was tabled at last month’s meeting, because when the respondent came in to request a lien reduction hearing, Mr. Blasie stated he returns to the property and inspects it to make sure the property is in total 8 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 compliance. Mr. Blasie stated that the property still did not comply, because there was a great deal of debris within the fenced in area. Mr. Blasie stated that as of today, the inside of the fenced in area is clean and the property is in total compliance. th Mr. L.L. Lester, 406 NW 7 Avenue, Boynton Beach took the podium and stated he just found out that there was a lien on the house. Mr. Lester stated when Mr. Blasie informed him there was a lien on the house, he made a public information request and was told at that time there was no lien on his property. Mr. Lester stated that when applying for a loan recently on his property, it was determined that a lien in fact was on the property. Chairman DeLiso inquired when the lien was filed. Mr. Blasie stated the lien was recorded on May 10, 1994. Mr. Blasie stated that Mr. Lester filed a request for public records on November 24, 1998. Chairman DeLiso asked Mr. Lester if he had any paperwork when he made the original public records request in 1994 and Mr. Lester said he had no proof. Chairman DeLiso asked the respondent if he knew he had been cited and there were communication problems. Chairman DeLiso was under the impression that the respondent felt the problem would just “disappear” and that he was not going to take care of it until the lien was recorded. Mr. Lester stated this was not the case. Chairman DeLiso stated now that the respondent wants to refinance his property and discovered there was a lien on the property, the respondent now wants to have the lien reduced. Vice Chair Frederick asked Mr. Lester why it took him 135 days to meet compliance originally. Mr. Blasie said there was a note in the file that Mr. Lester telephoned the office on May 20, 1994 and was having difficulty in getting a survey from the City and that he has been working two weeks with the person who built his home. Mr. Blasie noted this was two months past the March 20, 1994 compliance date. Mr. Blasie was not certain what transpired between May 20 and August 3, 1994. Mr. Foot inquired what was the amount of lien reduction the respondent was requesting. Mr. Lester said he would like the lien reduced to nothing. Mr. Foot informed Mr. Lester that the City has incurred expenses over the years administering this case. Mr. Foot stated the file did not indicate what the administrative expenses were. Mr. Blasie stated for the record that the fine in the case is $3,375 and Mr. Blasie stated he did not have the administrative costs. It was determined that each trip costs $96.03 plus legal costs. Mr. Blasie stated that because the case was an old case, there was nothing in the Board order that required “plus administrative costs" and that is the reason there are no administrative costs. However, there were administrative costs incurred. 9 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 Motion Based on testimony and evidence presented in Case No. 93-1367, and having been advised that the Respondents have complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board recommend to the City Commission that the fine instituted in Case No. 93-1367, by virtue of this Board’s Order of January 19, 1994, be reduced to $1,000. Mr. Lambert seconded the motion. Motion carried 7-0. Chairman DeLiso informed Mr. Lester that he will have to appear before the City Commission and the Commission will consider this Board’s recommendation. LIEN PENALTY CETIFICATIONS Case #98-2168 Lucio & Marian Garcia 3245 E. Palm Drive 7888 S. Military Trail Lake Worth, FL 33460 Mr. Blasie stated the property was originally cited on July 13, 1998 for violation of the City’s Community Appearance Code and first came before the Board on October 21, 1998. A date and fine of December 14, 1998 or $25.00 per day was set. Mr. Blasie stated that the property still does not comply and no one appeared at the October 21, 1998 hearing. Marian Garcia, 7888 S. Military Trail, Lake Worth, Florida took the podium. Chairman DeLiso asked the respondent why the property was not in compliance. Ms. Garcia informed the Board that she has located someone who will repair the roof on the weekends, but she has not had an opportunity to secure a permit. Chairman DeLiso explained to Ms. Garcia that the fine is running at $25.00 per day. Ms. Garcia stated she was doing the best she could do. Chairman DeLiso asked the Board to consider tabling the case until next month to allow the respondent to obtain a permit. Ms. Garcia said she would obtain a permit within the next month. Mr. Blasie also stated that the yard needs grass. Mr. Lambert explained that the Board has only two methods to handle the case. The Board can either certify the fine; the fine would keep running; and it will cost the violator $200.00 to reappear before the Board. If the case is tabled and the work is completed, 10 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 the respondent would still have to appear before the Board, and the fine will keep running. Mr. Blasie suggested that the case be tabled for 60 days. Motion Mr. Lambert moved that Case No. 98-2168 be tabled until the March 17, 1999 Code Compliance Board Meeting. Motion seconded by Mr. Foot. Vice Chair Frederick noted that the case dates back to July and questioned why no work has been done on the property. The respondent said she relied on the tenant to replace the grass and said the tenant did not perform the work. Vice Chair Frederick explained that the respondent is responsible for the property. Motion carried 7-0. nd Case #98-1685 David & Marie Hilaire 2209 NE 2 Street Mr. Blasie stated that the property was originally cited on April 15, 1998 for violation of the SBC ’94 ED, 104.6.1, permit required. Mr. Blasie stated the case first appeared before the Board on November 18, 1998 and a date and fine was set for December 14, 1998 or $25.00 per day. The property still does not comply and no one appeared at the th November 18 hearing. Mr. Blasie stated the case was a red tag referred by the Building Department for permit No. 96-2553. Mr. Blasie stated that the red tag was for an uncompleted addition on the back of the house. nd Marie Hilaire, 2209 NE 2 Street, Boynton Beach took the podium. Chairman DeLiso asked the respondent if she intended to get a permit. Ms. Hilaire informed the Board that her husband has left the home and she is trying to pay all the bills and raise the three children and does not have enough money to finish the addition. Chairman DeLiso explained to Ms. Hilaire that the violation was for not obtaining a permit. A permit will cost her $35.00 and her property would be in compliance. Chairman DeLiso further explained that Ms. Hilaire was not being cited for the work itself, but merely to obtain a permit. Ms. Hilaire said she did not have money to complete the addition and that she has received no support from her husband. Chairman DeLiso also suggested that the addition could be torn down. Ms. Hilaire said that $4,000 was already spent on the addition and did not want to tear the addition down. Ms. Hilaire said she needed assistance to get the roof on the addition. Chairman DeLiso suggested she contact Ms. Octavia Sherrod of the Community Improvement Department who might be able to help. 11 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 Inspector Melillo stated there are three other red tags on the property for various violations. Also, Inspector Melillo stated the addition is quite large and if it were torn down, half of the back of the house would be torn out. Mr. Blasie presented photographs to the Board taken on November 18, 1998. Mr. Blasie also stated that a lien has been filed against the property for a violation for not obtaining an alarm decal. Ms. Hilaire said she did not have an alarm on the property. Mr. Blasie instructed Ms. Hilaire to go to his office to further discuss the lien. Motion Based on the testimony and evidence presented in Case No. 98-1685, 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 David and Marie Hilaire have violated this Board’s prior Order of November 18, 1998, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Miriani. Motion carried 7-0. Chairman DeLiso explained to Ms. Hilaire that the fine on the property was certified. Also, Chairman DeLiso informed Ms. Hilaire that she would be reappearing before the Board for a lien reduction and her circumstances will be considered and a determination would be made at that time. Ms. Hilaire said she would apply for a permit. Mr. Blasie instructed Ms. Hilaire to go to the Development Department and determine the status of the job and what her options are with staff. LIEN REDUCTION st Case #96-3358 Lowrie and Deloris Simon 2431 NE 1 Lane Mr. Blasie presented before and after photographs to the Board for review. Mr. Blasie said that the property was originally cited on August 6, 1996 for violation of the City’s Community Appearance Code. The case first came before the Board on August 20, 1997 and a date and fine was set for September 15, 1997 or $25.00 per day. The property complied on January 14, 1998. There were 120 days of non-compliance for a total of $3,000, plus administrative costs at $826.18. st Mr. Lowrie Simon of 2431 NE 1 Lane, Boynton Beach took the podium. Chairman DeLiso asked the respondent why it took him an additional 120 days to meet 12 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 compliance. Mr. Simon said he had multiple problems at that time. His job was in jeopardy and had to take a step down at his employment due to reorganization. Mr. Simon said that his mother in Orlando became severely ill and he had to go to Orlando for several months to stay with his mother and was commuting to work in Palm Beach County and did not have the money or week-end time to fix his property. Mr. Simon said he started to save a small amount of money each week and saved enough to fix the property. Chairman DeLiso said that the property looks very good and commended Mr. Simon for saving enough money to fix his property. Mr. Foot said that administrative costs based on notations totaled $1210.00 in addition to the $3,000 fine. Mr. Foot said that if the inspection fees were factored out of the administrative costs, the costs would be $634. Mr. Lambert pointed out that the administrative costs totaled $826.18. Mr. Blasie said the actual administrative costs were $826.18 and the figure Mr. Foot quoted was an error. Motion Based on the testimony and evidence presented in Case No. 96-3358, and having been advised that the Respondents have complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board recommend to the City Commission that the fine instituted in Case No. 96-3358, by virtue of this Board’s Order of September 15, 1997, be reduced to $634. Motion died for lack of a second. Motion Based on the testimony and evidence presented in Case No. 96-3358, and having been advised that the Respondents have complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the city of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board recommend to the City Commission that the fine instituted in Case No. 96-3358, by virtue of this Board’s Order of September 15, 1997, be reduced to $250. Motion seconded by Vice Chair Frederick. Motion carried 7-0. Chairman DeLiso explained to Mr. Simon that he would have to appear before the City Commission at which time the City Commission can accept this Board’s decision or 13 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 could make their own decision. Chairman DeLiso noted the respondent did a lot of work and the property looks good. VI. NEW BUSINESS Chairman DeLiso explained to the audience that the Board follows Florida State Statutes and is a quasi-judicial board. A violator can plead “no contest”, which means there is a possible violation on the property, but needs time to fix the property. A violator can plead “not guilty” if you feel that the violation does not exist. In that event, the City will present their case, and the violator will present his case and then the Board will determine if a violation exists and give the violator a reasonable amount of time to comply. Chairman DeLiso stated when taking the podium and if a plea of “no contest” is being entered, please merely state your name, address, plead “no contest” and request the amount of time needed for compliance. Chairman DeLiso explained if the violations are corrected before the compliance date, the violator does not have to return before the Board. However, if the compliance date goes over the time allowed, a fine will start to accrue and you will have to reappear before the Board. A. CASES TO BE HEARD Case No. 98-2859: Berbabe Vasquez th Property Address: 114 SE 14 Street Violations: Chapter 15, Article IX-15-120 (E), 2A and 120 (D) 1, INC.; Please maintain the rock parking area free of weeds and defined; roof must be repaired and painted; sod needs to be planted or Xeriscape installed to comply with City Code. Inspector Lewis stated the property was cited through routine neighborhood inspection on July 28, 1998. Inspector Lewis stated the violator does not speak much English and Inspector Barquin will act as an interpreter. Margarita Lomez of the same address took the podium and stated she wished to comply, but needed more time. Ms. Lomez stated she was under the impression that the whole roof needed to be replaced, that the driveway had to be removed, and new sod installed. Ms. Lomez said the sod and driveway will be done, but the roof has damage and she would like to replace the entire roof. The violator requested six months to replace the whole roof. 14 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 Motion Based on the testimony and evidence presented in Case No. 98-2869, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Berbabe Vazquez is in violation of Code Sections Chapter 15, Article IX-15-120 (E), 2A and 120 (D) 1, INC. of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before July 19, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re- inspection of the property to verify compliance with this Order. Motion seconded by Ms. Hammer. Motion carried 7-0. Inspector Barquin interpreted the motion to the respondent and she stated she understood. Case No. 98-1535: Valerie Martin and Alfred Dixon th Property Address: 114 SE 14 Street Violations: Chapter 15, Article IX-15-120 (D). 1A, 120(D) .1B and (D) 1.D; Remove any inoperable or unregistered vehicles from property; repair or remove dilapidated 6’ wooden fence and chain-link fence on north side of property; install sod in dead area of swale to achieve a uniform green appearance and comply with City Code; keep vehicles off grass. Inspector Barquin stated that the property was originally cited on April 7, 1998 and that the unregistered vehicles have been removed and the fence has been repaired. The respondent is in the process of installing a sprinkler system and staff requests 30 days. Inspector Barquin stated the violators were not present, but indicated they were going to attend when he spoke with them this afternoon. Motion Based on the testimony and evidence presented in Case No. 98-1535, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Valerie Martin and Alfred Dixon are in violation of Code Sections Chapter 15, Vice Chair Frederick moved to order that the Respondents correct the violations on or before 15 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 February 15, 1999. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Ms. Hammer. Motion carried 7-0. Case No. 98-4185: Linda Murphy-Torres and Raymond Torres 1380 NE Miami Gardens Dr. Miami, FL 33179 nd Property Address: 2741 NW 2 Street Violations: Sections 10-3 and 15-16 of the B.B.C. of Ordinances; Please remove two dead trees from property; specifically the dead tree by the sidewalk; install house number that can be seen from the adjacent street. Inspector Barquin stated that the property was originally cited on June 17, 1998 by routine neighborhood inspection and service was obtained by posting. Inspector Barquin presented two photographs for the Board’s inspection. Inspector Barquin stated this was the second citation at this property. The first citation was for sod and to secure the pool, which have complied. Inspector Barquin stated he spoke with a brother-in-law at the property and explained to him that a school bus lets children out close by the property. One of the trees has already dropped a large limb and Inspector Barquin considers the property hazardous to the children on the sidewalk. Mr. Edwin Escobar, 5406 Blueberry Hill Avenue, Lake Worth, brother-in-law of the respondent took the podium and pled no contest and requested more than 30 days. Mr. Escobar stated he has just placed approximately $1,000 of sod on the property and received estimates of another $1,000 for the trees. Chairman DeLiso questioned the cost and Mr. Escobar said it was the cost to cut three trees down. Motion Based on the testimony and evidence presented in Case No. 98-4185, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Linda Murphy-Torres and Raymond Torres are in violation of Code Sections 10-3 and 15-16 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 16 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. Motion carried 7-0. Mr. Escobar stated he was cutting down the limbs that could injure anyone in the meantime until he can have the trees removed. Case No. 98-2588: Manual & Olga Ramos th Property Address: 421 SE 34 Avenue Violations: Chapter 15, Article IX-15-120 (D), INC.; Restore lawn to weed free condition and maintain. Inspector Roy stated that the property was originally cited on July 7, 1998. th Manual Ramos, 421 SE 34 Avenue took the podium and pled no contest and asked for 90-day extension. Mr. Ramos said that he has done work to the property and put in a driveway. Mr. Ramos said they have only been living at the property for seven months. He also obtained a permit to do the roof. Mr. Ramos said that because his wife had a death in the family and had to go to Puerto Rico, the money they had saved to do the lawn had to be used. Mr. Ramos said he needs 90 days because he only has one weekend of each month to work on the lawn. Motion Based on the testimony and evidence presented in Case No. 98-2588, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Manual and Olga Ramos are 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 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 Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Ms. Hammer. Motion carried 7-0. Case No. 98-2837: Juanita W. Wright 30 Crossing Circle, Apt. A Boynton Beach, FL 33435 Property Address: 416 NE 10th Avenue Violations: Boynton Beach Code of Ordinances 96-40, 103.5; Building has severe 17 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 termite damage and wood rot. Interior walls and ceiling have rotted studs and joists. Building is unsafe and unsanitary and poses a threat to community health and safety. Inspector Roy stated the property was originally cited on July 28, 1998 for violation of the Boynton Beach Code of Ordinances 96-40, 103.5. Ms. Juanita Wright, 30 Crossing Circle, Apt. A, Boynton Beach took the podium and stated she owns the property at 416 th NE 10 Avenue and pled no contest. The respondent requested 30 days. Ms. Wright said that a great deal of the work has been completed, but she has to obtain a permit for the electrical work. Mr. Rossi noted that there was structural damage to the property and 30 days would not be enough time to complete the repairs. After discussion it was agreed to give the respondent 90 days. Motion Based on the testimony and evidence presented in Case No. 98-2837, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Juanita W. Wright is in violation of Code Sections 96-40, 103.5 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 $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. 98-4012: Bathol Saintely & Nedor Hyacinthe th Property Address: 179 SE 27 Place Violations: Chapter 15-Article IX-15, 120(D), INC.; De-weed decorative stone area; maintain per City codes. Inspector Roy stated the property was originally cited on November 23, 1998. Mr. th Bathol Saintely, 179 SE 27 Place took the podium and pled no contest. The respondent requested 30 days for compliance. 18 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 Motion Based on the testimony and evidence presented in Case No. 98-4012, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Bathol Saintely and Nedor Hyacinthe are 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 Respondents correct the violations on or before February 15, 1999. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Ms. Hammer. Motion carried 7-0. Case No. 98-4022: Raymond Mangiacapra 1545 Lakeview Circle Coral Springs, FL 33071 th Property Address: 187 SE 27 Way Violations: Chapter 15-Article IX-15, 120(D), INC.; Restore bare areas of lawn with sod and maintain weed free; remove grass and weeds from swale and maintain per code. Inspector Roy stated that the property was originally cited on November 21, 1998. Mr. Raymond Mangiacapra of 1545 Lakeview Circle, Coral Springs, Florida took the podium and pled no contest. The violator requested 30 days. Motion Based on the testimony and evidence presented in Case No. 98-4022, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Raymond Mangiacapra is in violation of Code Sections Chapter 15, Article IX-15, 120(D), INC. of the Boynton Beach Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before February 15, 1999. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re- inspection of the property to verify compliance with this Order. Motion seconded by Ms. Hammer. Motion carried 7-0. Case No. 98-3782: Jerome & Carrie Harvey th Property Address: 211 NE 19 Avenue 19 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 Violations: Chapter 15-Article IX-15, 120(D), INC.; Please install grass along side driveway and swale; stop depositing loose trash in swale; de-weed pavers; remove all trash from backyard; repair, register or remove motorcycle and Ford Bronco. Inspector Melillo stated the case was originally cited on October 29, 1998 and the repair, register of motorcycle and Ford Bronco has complied. Inspector Melillo stated th the property was cited through routine inspection. Mr. Jerome Harvey, 211 NE 19 Avenue took the podium, pled no contest and requested 30 days for compliance. Motion Based on the testimony and evidence presented in Case No. 98-3782, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Jerome and Carrie Harvey are in violation of Code Sections Chapter 15, Article IX-15, 120(D), INC. of the Boynton Beach Code of Ordinances. Vice Chair Frederick moved to order that the Respondents correct the violations on or before February 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. 98-4044: Sherleen Riley th Property Address: 1390 NW 14 Court Violations: Chapter 15-Article IX-15, 120(D), INC.; Please remove all loose trash and debris from yard and swale; install grass in yard and swale. Inspector Melillo stated the property was originally cited on November 24, 1998 through routine inspection. Service was made by certified mail. Ms. Sherleen Riley of 1390 NW th 14 Court took the podium and pled no contest. Ms. Riley was uncertain as to how much time she needed for compliance since she just purchased the property three months ago. Inspector Melillo informed the Board that the house Ms. Riley purchased had been vacant for a long time and there was a lien on the property from the previous owner. 20 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 When Ms. Riley purchased the house, no one noticed the lien on the property. Therefore, Inspector Melillo stated he had to cite the property again because Ms. Riley was a new owner. Inspector Melillo said he informed Ms. Riley that the City would work with her since she is a new property owner and doesn’t know what to do under these circumstances. Originally, Ms. Riley tried to purchase the property through the City’s Community Improvement Department, but ultimately purchased the property through the County’s CDC program. Inspector Melillo thinks that the County did not perform a proper title search at the time of the purchase. Vice Chair Frederick asked Inspector Melillo how much time he thought the respondent would need to meet compliance. Inspector Melillo stated that the property lot is quite large and is on a corner. Inspector Melillo suggested 90 to 120 days for compliance. Motion Based on the testimony and evidence presented in Case No. 98-4044, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Sherleen Riley is in violation of Code Sections Chapter 15, Article IX-15, 120(D), INC. of the Boynton Beach 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 Ms. Hammer. Motion carried 7-0. Case No. 98-3366: Isaac James th Property Address: 217 NW 7 Court Violations: Chapter 15-Article IX-15, 120 (E) 2A, 120(D), INC. and 10-2 of the B.B.C. of Ord; Please paint house; remove all trash and debris from yard; re- surface and define driveway. Inspector Courtney Cain stated that the property was originally cited on September 18, 1998 through routine inspection. Inspector Cain stated service was made through posting the property and presented photographs to the Board for review. Inspector Cain th stated the City recommends 30 days. Mr. Isaac James, 217 NW 7 Court took the podium and pled no contest and requested 60 days. 21 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 Motion Based on the testimony and evidence presented in Case No. 98-3366, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Isaac James is in violation of Code Sections Chapter 15, Article IX-15, 120 (E) 2A, 120 (D), INC. 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. 98-3915: Marc and Valerie Nevel 7018 Chesapeake Circle Lantana, FL 33462 Property Address: 7018 Chesapeake Circle Violations: ’94 Edition, SBC 105.5; Permit #98- 983; north side of fence on the wrong lot. Inspector Cain stated that the property was originally cited on November 12, 1998. Mr. Marc Nevel, 6018 Chesapeake Circle, Boynton Beach took the podium and pled no contest and requested 30 days. Motion Based on the testimony and evidence presented in Case No. 98-3915, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Marc and Valerie Nevel are in violation of the ’94 Edition SBC 105.5 of the Boynton Beach Code of Ordinances. Vice Chair Frederick moved to order that the Respondents correct the violations on or before February 15, 1999. If the Respondents do not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Ms. Hammer. Mr. Lambert inquired who determined that the fence was on the wrong lot. Inspector Cain said this was determined by the Building Department. The respondent stated he has just moved to Florida and is not familiar with the zero lot line. The respondent was under the impression that there are 12” between property lines that is considered neutral property and thought he met the code even though the fence was three or four 22 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 inches on his neighbor’s property. Mr. Nevel said the Building Inspector said the fence was a violation. Mr. Nevel said he obtained a signed letter from his neighbor who agreed to have the fence on his property. However, Mr. Don Johnson of the City’s Building Department informed him that the letter was not acceptable because if the neighbor sells the property the new owners may not want the fence on their property. Mr. Nevel said he was informed if he his neighbor gets a permit for the fence, it would be in compliance. Inspector Cain confirmed that Mr. Johnson agreed if the neighbor obtained a permit for the fence, it would be permissible. Chairman DeLiso stated in effect that Mr. Nevel was buying his neighbor a fence. Motion carried 7-0. Case No. 98-3578: Paul and Jean Teresi 3373 Amberjack Road Lantana, FL 33462 th Property Address: 859 NW 8 Avenue Violations: Chapter 15, Article IX-15-120(D) 1, INC., Please sod all bare areas in yard, repair driveway and remove all loose trash and debris and keep grass mowed. Mr. Blasie stated that the property was originally cited on October 7, 1998 through a citizen’s complaint. Service was obtained by hand delivery and Mr. Blasie presented photographs to the Board for their inspection. Mr. Blasie stated the photographs were taken on January 13, 1999 and asked the respondent to verify that the photographs were of his property. Mr. Blasie said staff was requesting 30 days for compliance and there is an old case on the property with a lien in the approximate amount of $6,000 for similar violations. The property also was cited back in October. Chairman DeLiso inquired if the property were rental property. Mr. Teresi said he co- signed for the property with his stepson and when his stepson stopped making the mortgage payments, he became the owner of the property. Mr. Teresi said he put a roof on the property and took another mortgage out on the house, which cost him $10,000. Mr. Teresi said he was not aware that there was a lien on the house and is trying to sell the property. Mr. Teresi said he cleaned up the property as best he could. Mr. Teresi informed the Board that the bank would be willing to take the house back if he could get the lien removed from the property. Chairman DeLiso stated that the old 23 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 case is not before the Board this evening and informed the violator he was present for the current case. Chairman DeLiso informed Mr. Teresi he would have to come back before the Board for a lien reduction on the old case. Mr. Teresi said he spoke to someone in the Code Compliance office that explained the process to him and that it would cost $200 to have a case heard. At that time he learned about the current case. Chairman DeLiso said that there was no point for Mr. Teresi to pay the $200 now because the property is not in compliance and the property would have to be in compliance before he could appear before the Board. Mr. Teresi said he could not afford to fix up the property. Therefore, Chairman DeLiso stated Mr. Teresi should enter a plea and request an amount of time. Ms. Diane Tedtmann was in the audience and requested to address the Board. Ms. Tedtmann said that she owns the property west of the violator’s property. Ms. Tedtmann said the property has been in its current state for a long period of time and is concerned if the property is not sold how long it would remain in its current condition. Chairman DeLiso explained unless the property was a hazard, the City would not intervene and she would have to wait until the bank takes the property over. Ms. Tedtmann asked what would happen if the bank did not fix the property up and could they leave it in its current state and sell it as a “fixer-upper”. Chairman DeLiso stated that if the Bank did not fix the property and sold it, Code Compliance Department would cite the new owners. Mr. Teresi explained to the Board that if the bank foreclosed on the property he would have to make up the difference between the sale amount and the amount that the Bank wants for the property, which is $82,000. Mr. Foot explained to Mr. Teresi that he might not be responsible for the entire $6,000 lien and this would be determined at a lien reduction hearing. However, Chairman DeLiso pointed out that the property needs to comply first before he could have a lien reduction hearing. Chairman DeLiso asked the violator to enter a plea. Mr. Teresi pled no contest and requested 90 days. Mr. Blasie said staff recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 98-3578, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that 24 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 Paul and Jean Teresi are in violation of the Code Sections Chapter 15, Article IX-15-120 (D) 1, INC. of the Boynton Beach Code of Ordinances. Vice Chair Frederick moved to order that the Respondents correct the violations on or before February 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. Mr. Lambert inquired if the pool was stagnate and why it was not mentioned in the violations. Mr. Blasie said that the pool was stagnate and was covered in accordance with the Code. Case No. 98-3578: David Z. Eunice 31 Miller Road Lake Worth, FL 33461 Property Address: 607 N. Seacrest Blvd. Violations: Code Section 13-16 of the B.B.C. of Ordinances; Also, 603 N. Seacrest Blvd. 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. Licenses are issued for a period of twelve months from st October 1 to the following th September 30. Inspector Webb stated that the property was originally cited on October 22, 1998 through routine inspection and service was made by hand carry. David Eunice, 31 Miller Road, Lake Worth, Florida took the podium and pled not guilty. Inspector Webb stated that the City passed a new ordinance that all rental property in the City must obtain an occupational license. Inspector Webb said that Mr. Eunice never replied to the original notice. Inspector Webb stated when he went to the property to take pictures, Mr. Eunice was present. Mr. Eunice informed Inspector Webb that he would not allow him to inspect the property because it was in violation of his civil rights. Inspector Webb informed the violator he needed to explain this to the Code Compliance Board and he was merely performing his job. 25 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 Mr. Eunice presented a handout to the members which they reviewed (a copy of which is attached to the original minutes). Chairman DeLiso asked the violator why he felt he did not need an occupational license. Mr. Eunice said that he did not receive any notice until December. Mr. Eunice said that the information he presented to the Board contains the definition of Municipal Law as defined by the American Business Law. Mr. Eunice read the definition of Municipal Law to the Board. Mr. Eunice interpreted that Municipal Law is all government law and not just City law and Mr. Eunice said that all laws must conform to the United States Constitution. At this point, Assistant City Attorney Igwe asked Mr. Eunice if he was challenging the validity of the City Ordinance? Mr. Eunice said “he is challenging the validity of the City Ordinance.” Assistant City Attorney Igwe requested that the violator answer “yes” or “no”. Mr. Eunice stated “yes”. Assistant City Attorney Igwe informed Mr. Eunice that this Board is charged with enforcing the City’s Code; it is beyond their jurisdiction to determine the constitutionality of the City Code. Attorney Igwe stated the proper venue for this type of challenge would be the Circuit Court. Attorney Igwe suggested that the violator could still plead not guilty and file a lawsuit challenging the Ordinance. Mr. Eunice said he is opposed to landlords being required to obtain permits, because it represents double taxation. Mr. Eunice said he is willing to pay for the permit and went to apply for the permit and the City informed him that the Boynton Beach Police Department/Code Compliance Division has to inspect the property. This is in violation of his civil rights. Chairman DeLiso informed Mr. Eunice this was not the Board’s decision to make and that he should challenge the Ordinance in court. Mr. Eunice said the Board is forcing an extreme burden on him to challenge a law for everyone in the City. Mr. Lambert explained to Mr. Eunice he could either let the City inspect his property or plead not guilty and asked Mr. Eunice how much time he needed to comply. Mr. Eunice requested 22 years. Motion Based on the testimony and evidence presented in Case No. 98-3741, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that David Z. Eunice is in violation of the Code Sections 13-16 of the Boynton Beach Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before February 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 26 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 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. Mr. Eunice said the Police Department should not be allowed to enter people’s homes. Chairman DeLiso suggested that Mr. Eunice seek legal counsel if he feels his rights have been violated. Chairman DeLiso declared a recess at 9:20 p.m. The meeting reconvened at 9:32 p.m. A. LIEN PENALTY CERTIFICATIONS (Previously Tabled) Case #98-777 Asanath Brown 340 N. Palm Drive Mr. Blasie stated the property was originally cited on March 2, 1998 for violations of the City’s Community Appearance Code. The case first came before the Board on August 19, 1998 and a compliance date of October 19, 1998 or $25.00 per day fine was set. The property complied on January 15, 1999 and there have been 87 days of non- compliance. Motion Based on the testimony and evidence presented in Case No. 98-777, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondent, Asanath Brown, was in violation of Code Sections Chapter 15, Article IX-15-120(D) 1.A, 1.B and 1.C, subsequent to the date of compliance specified in this Board’s Order of August 19, 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 a fine in the amount of $25.00 per day, plus administrative costs. Inspector Barquin said he has had no contact with the violator and service was made by posting. Inspector Barquin stated that the violator received assistance through the City’s Community Improvement Department. Chairman DeLiso asked for a second to the motion. Mr. Rossi seconded the motion and the motion carried 7-0. st Case No. 98-792 Lillian V. Mayhew, Sr. 313 SE 21 Avenue Mr. Blasie stated that the property was originally cited on March 4, 1998 for violation of the City’s Community Appearance Code and Section 10-3 of the Boynton Beach Code 27 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 of Ordinances. The case first came before the Board on May 20, 1998 and a compliance date and fine of August 17, 1998 or $25.00 per day was set. The property still is not in compliance. Mr. Blasie stated the case was tabled at the December hearing. Inspector Roy stated that there has not been much progress made. Motion Based on the testimony and evidence presented in Case No. 98-792, 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 Lillian V. Mayhew, Sr. has violated this Board’s prior Order of May 20, 1998, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Ms. Hammer. Motion carried 7-0. st Case #98-794 Lillian V. Mayhew, Sr. 405 SE 21 Avenue st 313 SE 21 Avenue Boynton Beach, FL 33435 Mr. Blasie stated that the property complied on December 10, 1998, or 114 days of non- compliance. Motion Based on the testimony and evidence presented in Case No. 98-794, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondent, Lillian V. Mayhew, Sr. was in violation of Code Sections Chapter 15, Article IX-15-120(D), INC. subsequent to the date of compliance specified in this Board’s Order of May 20, 1998. Mr. Lambert moved that this Board find that the Respondent failed to comply with this Board’s Order, and that this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs. Mr. Rossi seconded the motion. Motion carried 7-0. th Case #98-882 I. & Ruth Davis 501 NW 5 Street th 501 NW 5 Street Boynton Beach, FL 33435 Mr. Blasie stated that the property was originally cited on April 15, 1998 for violation of the City’s Community Appearance Code and first came before the Board on August 19, 1998. A date and fine was set for November 16, 1998 or $25.00 per day. The property still does not comply. Inspector Webb stated that the violator has spoken with Ms. 28 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 Sherrod’s office and her office will be providing assistance to the violator. Mr. Blasie requested that the case be tabled. Motion Mr. Foot moved that Case No. 98-882 be tabled until the Code Compliance Board Meeting to be held on March 17, 1999. Motion seconded by Vice Chair Frederick. Motion carried 7-0. th Case #98-1636 James & Patricia Jenkins, Jr. 304 NW 6 Avenue Mr. Blasie stated that the property was originally cited on April 14, 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 of November 17, 1998 or $25.00 per day was set. The property is not yet in compliance and no one appeared at the September hearing. Motion Based on the testimony and evidence presented in Case No. 98-1636, and having considered the gravity of the violations, the actions taken by the Respondents, and any and all previous violations committed by the Respondents, Mr. Foot moved that this Board find that James and Patricia Jenkins, Jr. have violated this Board’s prior Order of April 14, 1998, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Lambert. Motion carried 7-0. Inspector Webb stated that the violator has applied for assistance from Ms. Sherrod’s office and Community Improvement has agreed to provide the sod. Mr. Foot withdrew his motion. Motion Mr. Foot moved that Case No. 98-1636 be tabled until the Code Compliance Board Meeting to be held on March 17, 1999. Motion seconded by Mr. Lambert. Motion carried 7-0. rd Case #98-1582 Jo A. & Tammy Augsback 815 SE 3 Street 216 South K Street Lake Worth, FL 33460 29 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 Mr. Blasie stated that the property was originally cited on April 10, 1998 for violation of the Community Appearance Code and came before the Board on August 19, 1998. A date and fine was set for November 16, 1998 or $25.00 per day fine. The property complied on January 14, 1999, or 58 days of non-compliance. Motion Based on the testimony and evidence presented in Case No. 98-1582, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondents, Jo A. and Tammy Augsback, were in violation of Code Sections Chapter 15, Article IX-15-120(D), INC. and 120 (E) 2.A, subsequent to the date of compliance specified in this Board’s Order of August 19, 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 a fine in the amount of $25.00 per day, plus administrative costs. Motion seconded by Mr. Rossi. Inspector Lewis stated that the violator telephoned and that there has been extensive work performed at the property. Inspector Lewis stated that the previous renters had caused a great deal of damage and the property looks good now. Inspector Lewis stated the violator was not certain if she could make tonight’s meeting. Mr. Lambert withdrew his motion. Motion Based on the testimony and evidence presented in Case No. 98-1582, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondents, Jo A. and Tammy Augsback, were in violation of Code Sections Chapter 15, Article IX-15-120(D), INC. and 120 (E) 2.A, subsequent to the date of compliance specified in this Board’s Order of August 19, 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. Motion seconded by Mr. Rossi. Motion carried 7-0. th Case #98-948 Lillian Hearst Estate 410 NW 6 Avenue Mr. Blasie requested that the case be tabled. Mr. Blasie stated he spoke to the landscape people and feels that the property should meet compliance soon. 30 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 Motion Mr. Lambert moved that Case No. 98-948 be tabled until the Code Compliance Board Meeting to be held on February 17, 1999. Motion seconded by Ms. Hammer. Motion carried 7-0. th Case #98-3280 Nathaniel Alexander 229 NE 11 Avenue Mr. Blasie stated that the case was originally cited on September 9, 1998 for violation of the City’s Community Appearance Code and Section 10-52. 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 day. The property is not yet in compliance, but Mr. Alexander appeared at the November hearing and pled no contest and asked for 30 days for compliance. Inspector Cain stated he has had no contact with the violator. Motion Based on the testimony and evidence presented in Case No. 98-3280, 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 Nathaniel Alexander has violated this Board’s prior Order of November 18, 1998, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Foot. Motion carried 7-0. (Ms. Hammer left the meeting at 9:45 p.m., as she was not feeling well.) rd Case #98-2776 VA Property Management 134 SE 3 Avenue PO Box 4142 St. Petersburg, FL 33731 Mr. Blasie stated the property was originally cited on August 23, 1998 for violations of the City's Community Appearance Code and first came before the Board on November 18, 1998 and a date and fine was set for December 14, 1998 or a fine of $25.00 per day. Mr. Blasie stated the property still is not in compliance and no one appeared at the November meeting. Motion Based on the testimony and evidence presented in Case No. 98-2776, and having considered the gravity of the violations, the actions taken by the Respondent, and any 31 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 and all previous violations committed by the Respondent, Mr. Foot moved that this Board find that the VA Property Management has violated this Board’s prior Order of November 18, 1998, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Miriani. Motion carried 6-0. st Case #98-2400 Novali Siffrant & Theus Thelor 2140 NE 1 Court Mr. Blasie stated that the property was originally cited on June 23, 1998 for violation of the SBC ’94 ED and Section 10-2 of the Boynton Beach Code of Ordinances. The case first came before the Board on October 21, 1998 and a date and fine was set for November 16, 1998 or $25.00 per day. No one appeared at the October hearing and the property still does not comply. Motion Based on the testimony and evidence presented in Case No. 98-2400, 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 Novali Siffrant and Theus Thelor have violated this Board’s prior Order of October 21, 1998, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Rossi. Motion carried 6-0. Case #98-925 Bankers Trust Co., Tr. 3230 E. Palm Drive 3185 S. Conway Road, Ste. E Orlando, FL 32812 Mr. Blasie stated that the property was originally cited on April 15, 1998 for Community Code Appearance violations. The case came before the Board on October 21, 1998 and a compliance date and fine of November 16, 1998 or $25.00 per day was set. No one appeared at the October hearing. Motion Based on the testimony and evidence presented in Case No. 98-925, 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 the Bankers Trust Co., Tr., has violated this Board’s prior Order of 32 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 October 21, 1998, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Lambert. Motion carried 6-0. Inspector Barquin stated that the property is vacant and that he spoke with someone who was interested in purchasing the property. Inspector Barquin furnished him with the address for Bankers Trust. Inspector Barquin stated that the property is an eyesore. Motion carried 6-0. th Case #98-2375 Johnnie Grimes 170 NW 28 Avenue Mr. Blasie stated that the property was originally cited on July 28, 1998 for Community Appearance Code violations and also for inoperable vehicles. The case came before the Board on October 21, 1998 and a date and fine of December 14, 1998 or $25.00 per day was set. The property still does not comply and no one appeared at the October hearing. Motion Based on the testimony and evidence presented in Case No. 98-2375, 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 Johnnie Grimes has violated this Board’s prior Order of October 21, 1998, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Miriani. Motion carried 6-0. nd Case #98-3218 Pearlnita Sanders & 2401 NW 2 Street James & Pearl Walker Mr. Blasie stated that staff recommends no fine in this case. Motion Based on the testimony and evidence presented in Case No. 98-3218, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondents Pearlnita Sanders and James and Pearl Walker, were in violation of Code Sections Chapter 15, Article IX- 15-120 (B)1 and 120(D) 1.D, subsequent to the date of compliance specified in this Board’s Order of November 18, 1998. Mr. Lambert moved that this Board find that the 33 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 Respondents failed to comply with this Board’s Order and that this Board impose and certify no fine or administrative costs. Motion seconded by Vice Chair Frederick. Motion carried 6-0. nd Case #98-1679 James Mathis 321 NW 2 Street Mr. Blasie stated that the property was originally cited on April 15, 1998 for violation of the City’s Community Appearance Code. The case came before the Board on November 18, 1998 and a date and fine of December 14, 1998 or $25.00 per day was set. Mr. Blasie stated the property has still not complied and no one appeared at the November hearing. Service was made by posting. Motion Based on the testimony and evidence presented in Case No. 98-1679, 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 James Mathis has violated this Board’s prior Order of November 18, 1998, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Foot. Motion carried 6-0. rd Case #98-2312 Thomas Dean 1009 NE 3 Street th 345 NE 9 Avenue Boynton Beach, FL 33435 Mr. Blasie stated the property was originally cited on June 12, 1998 for violations of the City’s Community Appearance Code and first came before the Board on October 21, 1998. A date and fine of December 14, 1998 or $25.00 per day was set. No one appeared at the October hearing and there has been no contact with the violator. Motion Based on the testimony and evidence presented in Case No. 98-2312, 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 Thomas Dean has violated this Board’s prior Order of October 21, 1998, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Lambert. Motion carried 6-0. 34 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 Case #98-2716 Amerigas Propane Ltd., Part. 711 N. Federal Hwy PO Box 0798 Valley Forge, PA 19482 Mr. Blasie recommended no fine in this case. Motion Based on the testimony and evidence presented in Case No. 98-2716, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondent Amerigas Propane Ltd. was in violation of Code Sections Chapter 15, Article IX-15-120 D, Inc., subsequent to the date of compliance specified in this Board’s Order of November 18, 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. Motion seconded by Vice Chair Frederick. Motion carried 6-0. th Case #98-3157 R.B. & Ruby Laster 415 NW 9 Avenue Mr. Blasie stated that the property was originally cited on August 31, 1998 for violations of the Community Appearance Code. The case first came before the Board on November 18, 1998 and a date and fine of December 14, 1998 or $25.00 per day was set. Mr. Blasie stated that the violator came into the office and was given a copy of the affidavit and fine certification and the property still does not comply. Motion Based on the testimony and evidence presented in Case No. 98-3157, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondents, Mr. Lambert moved that this Board find that R.B. and Ruby Laster have violated this Board’s prior Order of November 18, 1998, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs, which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Foot. Motion carried 6-0. th Case #98-3533 Ernestine Walker 916 NW 4 Street Mr. Blasie stated that the property was originally cited on October 1, 1998. 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 day. Mr. Blasie stated that no one appeared at the November hearing. The property complied on January 11, 1999 or 27 days of non- 35 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 compliance. Inspector Webb said that Ms. Walker was deceased and that the property has been sold and staff recommends no fine. Motion Based on the testimony and evidence presented in Case No. 98-3533, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondent Ernestine Walker was in violation of Code Sections 10-2 of the Boynton Beach Code of Ordinances, subsequent to the date of compliance specified in this Board’s Order of November 18, 1998. Mr. Lambert moved that this Board find that the Respondent failed to comply with this Board’s Order and that this Board impose and certify no fine or administrative costs. Motion seconded by Mr. Foot. Motion carried 6-0. VI. NEW BUSINESS A.CASES TO BE HEARD Case No. 98-3617 Steven D. Mohan th 5661 S. 37 Street Lake Worth, FL 33463 th Property Address: 121 SE 13 Avenue Violations: Chapter 15, Article IX-15-120 (D) 1, INC.; Please mow and trim overgrown yard; plant sod to establish a lawn in the yard and swale; chain-link fence needs to be repaired or removed. Inspector Lewis stated that staff recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 98-3617, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Steven D. Moran is in violation of Code Sections Chapter 15, Article IX-15-120 (D) 1, INC. of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before February 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 6-0. 36 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 Case No. 98-3800 Beepat Mohan 6322 Pinestead Dr., Apt. 620 Lake Worth, FL 33463 Property Address: 621 S. Seacrest Boulevard Violations: SBC ’94 ED 104.1.6 and 13-16 B.B.C. of Ord.; A permit is required by the Building Dept. for the work that was done to change a single family home into a duplex; occupational license is required for a single family or apartment rental. Inspector Lewis stated the City recommends 30 days. The violator indicated he intends to comply. Motion Based on the testimony and evidence presented in Case No. 98-3800, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Beepat Mohan is in violation of Code Sections SBC ’94 ED, 104.1.6 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 February 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 6-0. Case No. 98-3846 John F. and Shari D. Fitzpatrick P.O. Box 352 Boynton Beach, FL 33425 Property Address: 103 W. Ocean Drive Violations: Chapter 15, Article IX-15-120 (D) 1, Inc., SBC ’94 ED 104.1.1 and 13-16 B.B.C. of Ord.; Please obtain a building permit for the carport enclosure or remove it; grass needs to be installed in dead areas of the yard and swale; an occupational license is required for the single family rental house. 37 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 Inspector Lewis stated staff recommends 30 days. Vice Chair Frederick asked if this was sufficient time since a permit was necessary. Inspector Lewis indicated the violator was taking the enclosure down. Motion Based on the testimony and evidence presented in Case No. 98-3846, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that John F. and Shari D. Fitzpatrick are in violation of Code Sections Chapter 15, Article IX- 15-120 (D) 1, Inc., SBC ’94 ED, 104.1.1 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 February 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 6-0. Case No. 98-3219 Phyllis Z. and Joseph F. Garcon nd Property Address: 2451 NW 2 Street Violations: Chapter 15, Article IX-15-120 (B), 1 and 120 (D) 1.D; Install sod in dead areas of yard and swale to achieve a uniform green appearance and comply with City Code. Keep vehicles off the grass. Inspector Barquin stated the property was originally cited on September 1, 1998 through routine inspection. Service was made by certified mail and the City recommends 60 days. Inspector Barquin stated the son of Mrs. Garcon was present this evening and has begun working on the property and asked for 60 days. Motion Based on the testimony and evidence presented in Case No. 98-3219, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Phyllis A. and Joseph F. Garcon are in violation of Code Sections Chapter 15, Article IX-15-120 (B).1 and 120 (D) 1.D of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before 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- 38 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 inspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. Motion carried 6-0. Case No. 98-3774 Gracie L. Mitchell & William H. Brown th Property Address: 151 NE 9 Avenue Violations: Chapter 15, Article IX-15-120 (D).1B and SBC ’94 ED 104.1.1; Define driveway, no permit on file for chain- link fence; obtain permit or remove. Inspector Barquin stated that Ms. Mitchell is deceased and a sale on the property is pending. The realtor telephoned the office and stated the prospective buyer is aware of the violations and has agreed to fix it. The closing is scheduled to take place within the next two weeks. Inspector Barquin asked the Board for 60 days so that the new owner could comply. Motion Based on the testimony and evidence presented in Case No. 98-3774, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Gracie L. Mitchell and William H. Brown are in violation of Code Sections Chapter 15, Article IX-15-120 (D) .1B and SBC ’94 ED 104.1.1 of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondents correct the violations on or before 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 6-0. Case No. 98-3774 Robert Silberberg st Property Address: 171 SE 31 Avenue Violations: Chapter 15, Article IX-15-120 (D INC. and 15-16 of the B.B.C. of Ord.; Restore bare areas of lawn and maintain weed free per Community Appearance Code; house number should be visible from the adjacent street. Inspector Roy stated the property was originally cited on June 23, 1998 through routine inspection and the City recommends 30 days. 39 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 Motion Based on the testimony and evidence presented in Case No. 98-2394, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Robert Silberberg is in violation of Code Sections Chapter 15, Article IX-15-120 (D) INC. and 15-16 of the Boynton Beach Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before February 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 6-0. Case No. 98-3947 Marie C. Brizeus th Property Address: 146 SE 27 Court Violations: Chapter 15, Article IX-15-120 (D INC.; Sod is required in yard. Inspector Roy stated the property was cited through routine inspection and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 98-3947, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Marie C. Brizeus 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 February 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 6-0. Case No. 98-3509 Barbara A. Watson th Property Address: 141 SE 25 Avenue Violations: Chapter 15, Article IX-15-120 (E) 2 and (D) INC.; Cut all overgrowth; de- weed swale area; restore lawn; repair driveway; repair all rotted wood and paint; remove all unregistered vehicles from property. 40 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 Mr. Blasie stated Ms. Watson would be receiving help and requested the case be tabled for 60 days. Motion Vice Chair Frederick moved that Case No. 98-3509 be tabled until the Code Compliance Board Meeting to be held on March 17, 1999. Motion seconded by Mr. Foot. Motion carried 6-0. Case No. 98-4004 R.T. & Margaret L. Barbaree th Property Address: 183 SE 27 Court Violations: Chapter 15, Article IX-15-120 (D) INC.; Restore swale area; refresh rock and de-weed or sod only per City Codes. Inspector Roy stated the property was originally cited on November 23, 1998 through routine inspection. Service was made by certified mail and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 98-4004, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that R. T. and Margaret L. Barbaree 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 February 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. Rossi. Motion carried 6-0. Case No. 98-4015 Federal National Mortgage Assn. 950 E. Paces Ferry Rd., 1900 Atlanta, GA 30326 th Property Address: 158 SE 27 Pl. Violations: Chapter 15, Article IX-15-120 (D), INC.; Restore all bare areas in lawn with sod and maintain weed-free per Code. 41 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 Inspector Roy stated the property was cited through routine inspection and service was made by certified mail. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 98-4016, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Federal National Mortgage Association is in violation of Code Sections Chapter 15, Article IX-15-120 (D) INC. of the City Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violations on or before February 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 Vice Chair Frederick. Motion carried 6-0. Case No. 98-4180 Richard K. DuBois rd Property Address: 822 SW 33 Place Violations: SBC ‘ 94 ED 105.6; permit #97-2594, see copy of red tag dated November 24, 1998 and contact Building Department. Inspector Roy stated that the case was originally cited on December 8, 1998 for a red tag violation and service was made by certified mail. City recommends 10 days. Motion Based on the testimony and evidence presented in Case No. 98-4180, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Richard K. DuBois is in violation of SBC ’94 ED 105.6 of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before January 30, 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 6-0. Case No. 98-3583 Bonita Dames nd Property Address: 2000 NW 2 Court 42 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 Violations: Chapter 15, Article IX-15-120 (A); please cut trees that hang over sidewalk to a 10’ minimum. Inspector Melillo stated the property was originally cited on October 8, 1998 and the City recommends 15 days. Motion Based on the testimony and evidence presented in Case No. 98-3583, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Bonita Dames is in violation of Chapter 15, Article IX-15-120 (A)of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before February 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. Foot. Motion carried 6-0. Case No. 98-3783 Percival and Hazel Rowe th Property Address: 240 NE 19 Avenue Violations: Chapter 15, Article IX-15-120 (D), INC.; Please remove all loose trash and debris from your property; register or remove all motor vehicles. Inspector Melillo stated the property was originally cited on October 29, 1998. Inspector Melillo said that he spoke with Mrs. Rowe today on the telephone and she is very sick and her husband is out of town. The violator asked for 30 days and the City agrees. Motion Based on the testimony and evidence presented in Case No. 98-3783, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Percival and Hazel Rowe are in violation of 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 February 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 6-0. 43 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 Case No. 98-3977 Guy Estella st 517 NE 1 Street Boynton Beach, FL 33435 st Property Address: 1505 NE 1 Street Violations: 10-2 of the B.B.C. of Ord.; vacant lot st south of 1513 NE 1 Street; please remove all loose trash and debris from your vacant lot; keep it clean and free of trash. Inspector Melillo stated that the property is a vacant lot and was originally cited on November 20, 1998 and the City recommends 15 days. Motion Based on the testimony and evidence presented in Case No. 98-3977, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Guy Estella is in violation of 10-2 of the Boynton Beach Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before February 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 6-0. Case No. 98-3979 Isabel J. Miguel and Felix P. Jimenez st 1901 NW 1 Street Boynton Beach, FL 33435 rd Property Address: 2210 NE 3 Court Violations: Chapter 15, Article IX-15-120 (D), INC.; please mow grass, weeds and trim backyard; de-weed parking area; remove all loose trash and debris. Inspector Melillo stated the property was originally cited on November 20, 1998 and the City recommends 15 days. 44 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 Motion Based on the testimony and evidence presented in Case No. 98-3979, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Isabel J. Miguel and Felix P. Jimenez are in violation of 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 February 7, 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 6-0. Case No. 98-2380 Gertrude Dunbar Property Address: 2451 N. Seacrest Blvd. Violations: Chapter 15, Article IX-15-120 (D), INC.; please de-weed yard; install sod wherever dead or bare spots occur. Inspector Cain stated the property was originally cited on June 22, 1998 and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 98-2380, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Gertrude Dunbar is in violation of 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 February 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 6-0. Case No. 98-2905 Essie M. Mays th 114 NW 10 Avenue Boynton Beach, FL 33435 th Property Address: 112 NW 10 Avenue Violations: Chapter 15, Article IX-15-120 (D), .1B, 120 (D) 1.D, PT3-LDR, Chapter 20, VIII, Section 2.G and 10-2 B.B.C. of Ord.; Please install sod in yard; 45 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 remove trash and debris, mow yard; repair fence; screens can’t be screwed in; occupants must have safe exists in case of emergency. Inspector Cain stated that the property was cited through routine neighborhood inspection and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 98-2905, Vice Chair Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Essie M. Mays is in violation of Chapter 15, Article IX-15-120 (D), .1B, 120 (D) 1.D, PT3-LDR, Chapter 20, VIII, Section 2.G and 10-2 Boynton Beach Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before February 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. Mr. Foot inquired if Inspector Cain had any contact with the violator and questioned the screens being screwed in. Inspector Cain said he has not spoken with the violator for several months and is aware of the screen problem. Mr. Foot stated that a safety problem exists. Inspector Cain stated that the screens in the house are screwed in and this creates a fire hazard. Chairman DeLiso requested to review photographs of the property. Vice Chairman Frederick withdrew his motion. Motion Based on the testimony and evidence presented in Case No. 98-2905, Mr. Foot moved that this Board find, as a matter of fact, and as a conclusion of law that Essie M. Mays is in violation of Chapter 15, Article IX-15-120 (D) .1B, 120 (D) 1.D, PT3-LDR, Chapter 20, VIII, Section 2.G and 10-2 Boynton Beach Code of Ordinances. Mr. Foot moved to order that the Respondent correct the violations on or before February 4, 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. Lambert. Motion carried 6-0. 46 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 Case No. 98-3620 Roger F. Quisenberry 5421 S. Flagler Drive West Palm Beach, FL 33405 Property Address: 2350 NW 1st Street Violations: 13-16 of the B.B.C. of Ord.; Every rental unit used for residential living purpose 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 originally cited on October 14, 1998 and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 98-3620, Vice Chairman Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Roger F. Quisenberry is in violation of 13-16 of the Boynton Beach Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before February 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 6-0. Case No. 98-3630 David W. Nicholls 3130 Orange Street Boynton Beach, FL 33435 Property Address: 2491 N. Seacrest Blvd. Violations: 13-16 of the B.B.C. of Ord.; Every rental unit used for residential living purpose 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 originally cited on October 14, 1998 and the City recommends 30 days. 47 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 Motion Based on the testimony and evidence presented in Case No. 98-3630, Vice Chairman Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that David W. Nicholls is in violation of 13-16 of the Boynton Beach Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before February 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 6-0. Chairman DeLiso asked what the effective date of the Ordinance was and Inspector Cain stated October 1, 1998. Chairman DeLiso inquired what procedure a landlord must follow in order to obtain an occupational license for his rental property. Inspector Cain stated that a landlord has to call the Code Compliance Office to make an appointment to meet at the property in order that the property can be inspected. Mr. Blasie stated that the minimum housing standards as stated in the Code must be inspected. Case No. 98-3879 Jeffrey Lee P.O. Box 2707 Palm Beach, FL 33480 Property Address: 2201 N. Seacrest Blvd. Violations: 10-52 and 13-16 of the B.B.C. of Ord.; Please remove inoperable vehicles from rear yard to be in compliance with code; Every rental unit used for residential living purpose in the City must be licensed. Inspector Cain stated that the property was originally cited on November 10, 1998 and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 98-3879, Vice Chairman Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Jeffrey Lee is in violation of Sections 10-52 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 February 15, 1999. If the Respondent does not comply with this 48 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 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 Compliance Division to arrange for re-inspection of the property to verify compliance with this Order. Motion seconded by Mr. Foot. Motion carried 6-0. Case No. 98-3929 Shellie & Jacob Rus 552 Sanctuary Pt. Jupiter, FL 33458 th Property Address: 2751 NE 4 Street. Violations: Chapter 10, Article II, Section 10-30; Chapter 15, Article IX-15-120(D). 1A; PT3-LDR., Chapter 20-VIII, Section 2.D and Section 2.H and 10-2 and 10- 3 of the B.B.C. of Ord.; Please repair all windows, screens, holes in walls, electrical switches and outlets; hot water supply must be in working order; clear access to panel board; smoke detectors needed in hallway and kitchen; doors must be watertight, weatherproof, rodent proof; front railing unsecured; replace door hardware to code; must have free access; remove all trash and debris, un-containerized trash, construction debris, derelict objects; Florida Hollies must be removed. Inspector Cain stated that the property was originally cited on November 16, 1998 and the property also requires an occupational license for rental. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 98-3929, Vice Chairman Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Shellie and Jacob Rus are in violation of Chapter 10, Article II, Section 10-30; Chapter 15, Article IX-15-120(D). 1A; PT3-LDR. Chapter 20-VIII, Section 2.D and Section 2.H and 10-2 and 10-3 of the Boynton Beach Code of Ordinances. Vice Chair Frederick moved to order that the Respondents correct the violations on or before February 15, 1999. If the Respondents do not comply with this Order, a fine in the amount of $50.00 per day, plus administrative costs, shall be imposed. The Respondents are further 49 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 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 did not feel this was enough time to complete all the work. Mr. Foot noted that this same violator had other cases on the agenda. Motion seconded by Mr. Lambert. Motion carried 6-0. Case No. 98-4057 Louis C. and Arthur Josaphat rd Property Address: 2622 NE 3 Street Violations: Chapter 15, Article IX-15-120 (B).1 and (D), INC; Please repair apron; permit may be required; de-weed swale area and re-rock it and maintain area weed free. Inspector Cain stated the property was originally cited on November 24, 1998 and the City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 98-4057, Vice Chairman Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Louis C. and Arthur Josaphat are in violation of 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 February 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 6-0. Case No. 98-4098 Joseph & Josephine Nania 10966 Greentrail Drive Boynton Beach, FL 33436 Property Address: 3215 E. Palm Drive Violations: SBC ’94 ED 104.1.1 and 13-16 B.B.C. of ORD.; Permit required to install fence; occupational license is needed to rent house 50 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 Inspector Cain stated the property was originally cited on December 1, 1998. Mr. Nania came into the Office today and said he has just been discharged from the hospital and that the property would be in compliance by the end of the week. The City recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 98-4098, Vice Chairman Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Joseph and Josephine Nania are in violation SBC ’94 ED 104.1.1 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 February 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 6-0. Case No. 98-3058 Ada L. Homes & Beverly C. Gagliotti rd Property Address: 902 NE 3 Street Violations: 10-2 and 10-3 B.B.C. of ORD.; Please remove all loose trash and debris that could become a hurricane hazard; trim all overgrowth throughout. Inspector Webb stated the property was originally cited on August 25, 1998 by a citizen’s complaint. Staff recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 98-3058, Vice Chairman Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Ada L. Holmes and Beverly C. Gagliotti are in violation of 10-2 and 10-3 of the Boynton Beach Code of Ordinances. Vice Chair Frederick moved to order that the Respondents correct the violations on or before February 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 6-0. 51 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 Case No. 98-3216 Nikolaos Rombakis 630 Lakeside Harbor Boynton Beach, FL 3343 Property Address: 1017 Federal Highway Violations: PT3-LDR, Chapter 4, Section 11 and PT3-LDR, Chapter 7.5-II, Section 5.B; Please restore original landscape site plan with hedges (Ficus Elastica) and trees (Mahogany) or submit a new site plan to building Department and Kevin Hallahan, Parks Department; maintain landscape areas. Inspector Webb stated that the property was originally cited on September 20, 1998 through routine neighborhood inspection. The City recommends 30 days. Mr. Foot questioned if 30 days was enough time and asked if the property was commercial. Inspector Webb stated it was commercial property and that the violator only has to put the hedges backs in and would not need a permit. Motion Based on the testimony and evidence presented in Case No. 98-3216, Vice Chairman Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Nikolaos Rombakis is in violation of PT3-LDR, Chapter 4, Section 11 and PT3-LDR, Chapter 7.5-II, Section 5.Bof the Boynton Beach Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before February 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 6-0. Case No. 98-3358 Robert Bridges th Property Address: 635 NW 5 Street Violations: Chapter 15- Article IX-15-120 (D) .1B; Please repair fence. Inspector Webb stated the property was originally cited on September 16, 1998 through routine neighborhood inspection. Staff recommends 30 days. 52 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 Motion Based on the testimony and evidence presented in Case No. 98-3358, Vice Chairman Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Robert Bridges is in violation of Chapter 15- Article IX-15-120 (D) .1B of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before February 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 6-0. Case No. 98-3513 Shellie and Jacob Rus 652 Sanctuary Point Jupiter, FL 33458 st Property Address: 515 NE 1 Street Violations: 13-16 B.B.C. of ORD.; Rental property in Boynton Beach must have an occupational license. Inspector Webb stated the property was originally cited October 1, 1998 and staff recommends 20 days. Motion Based on the testimony and evidence presented in Case No. 98-3513, Vice Chairman Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Jacob and Shellie J. Rus are in violation of 13-16 of the Boynton Beach Code of Ordinances. Vice Chair Frederick moved to order that the Respondents correct the violations on or before February 10, 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 6-0. Case No. 98-3557 Shellie and Jacob Rus 652 Sanctuary Point Jupiter, FL 33458 st Property Address: 515 NE 1 Street Violations: Chapter 15, Article IX-15-120 (D) .1B; Re-sod all bare areas in the yard; 53 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 keep grass cut on a weekly basis; keep all loose trash and debris picked up; trim trees and bushes; This is a recurring violation. Inspector Webb stated that the property was originally cited on October 6, 1998 through routine neighborhood inspection and staff recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 98-3557, Vice Chairman Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Jacob and Shellie J. Rus are in violation of Chapter 15, Article IX-15-120 (D) .1B of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondents correct the violations on or before February 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. Lambert. Motion carried 6-0. Case No. 98-3556 Ida M. White, Estate th Property Address: 414 NW 4 Avenue Violations: Chapter 15, Article IX-15-120 (D) 1, INC.; Grass needed in yard and swale; remove all loose trash; garbage and trash must be disposed of properly; remove all vehicles that are unlicensed and inoperable. Inspector Webb stated the property was originally cited on October 2, 1998 through routine neighborhood inspection. Staff recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 98-3556, Vice Chairman Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that the Ida M. White Estate is in violation of Chapter 15, Article IX-15-120 (D) 1, INC. of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before February 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 54 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 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 6-0. Case No. 98-3854 Leandro H. Blass th Property Address: 324 NW 7 Court Violations: Chapter 15, Article IX-15-120 (D) 1, INC.; Please install sod in swale and in yard wherever bare spots occur; lower hedge on south side of property; and remove old shed from rear of property. Inspector Webb stated the property was originally cited on November 5, 1998 through a citizen’s complaint and staff recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 98-3854, Vice Chairman Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Leandro H. Blass is in violation of Chapter 15, Article IX-15-120 (D) 1, INC. of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondent correct the violations on or before February 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 6-0. Case No. 98-3856 Raymon Charles & Marie L. Luma nd Property Address: 526 NE 2 Street Violations: Chapter 15, Article IX-15-120 (D) 1, INC.; Sod required in yard and swale and maintained; remove all loose trash and debris. Inspector Webb stated the case was originally cited on November 5, 1998 and staff recommends 30 days. Motion Based on the testimony and evidence presented in Case No. 98-3856, Vice Chairman Frederick moved that this Board find, as a matter of fact, and as a conclusion of law that Raymon Charles and Marie L. Luma are in violation of Chapter 15, Article IX-15-120 (D) 55 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 1, INC. of the City Code of Ordinances. Vice Chair Frederick moved to order that the Respondents correct the violations on or before February 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 6-0. Case No. 98-3967 Lucio and Maria V. Garcia nd 501 NE 2 Street Boynton Beach, FL 33435 nd Property Address: 503 NE 2 Street Violations: 13-16 B.B.C. of ORD.; Serious st overcrowding problem at 502 NE 1 Street. You have 10 days to correct this problem. 2 Bedrooms, 1 bath— 23 men sleeping on floor. This is not allowed. Every rental unit used for residential living purposes in the City must be licensed. Inspector Webb stated the case was originally cited on November 19, 1998 and was referred by the Police Department. Staff recommends 20 days. Motion Based on the testimony and evidence presented in Case No. 98-3967, Vice Chairman 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 13-15 of the Boynton Beach Code of Ordinances. Vice Chair Frederick moved to order that the Respondents correct the violations on or before February 10, 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 6-0. VII. OTHER BUSINESS A. AUTHORIZATION TO FORECLOSE Case No. 98-1563 Spillane & Brown Case No. 98-1564 Spillane & Brown 56 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA JANUARY 20, 1999 Case No. 97-2735 Gerald Fasolo Case No. 98-73 David & Marie Hilaire Case No. 98-1136 G. Roger & E. Johnson Case No. 98-2587 Willie Miller Case No. 98-1714 Admin. Of Veterans Affairs Case No. 98-1952 T. Ryan and D. Gerhard Motion Mr. Lambert moved that the cases listed on tonight’s Agenda be forwarded to the City Attorney’s Office for foreclosure. Motion seconded by Mr. Rossi. Motion unanimously carried. VIII. ADJOURNMENT Motion Mr. Foot moved that the meeting adjourn. Motion seconded by Vice Chair Frederick. Meeting properly adjourned at 10:28 p.m. Respectfully submitted, ____________________________ Barbara M. Madden Recording Secretary (four tapes) 57