Agenda 11-06-14
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
BUILDINGDIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6350
FAX: 561-7426357
www.boynton-beach.org
October 30, 2014
th
RE:Leon Jenkins, 132 West Martin Luther King Jr. Blvd (a.k.a. 132-134NW 10Avenue), for
stay of demotion order andpermission to make repairs stipulated in the 9/2/14, Unsafe
Structure notice
Dear Board Members:
Attached is the agenda for the November 6, 2014, meeting. The applicant, Mr. Leon Jenkins,
property owner, isappealing a demolition order based upon Section 116.4, inclusive, of the City
of Boynton Beach Administrative Amendments to the 2010Florida Building Code, which allows
for his right, as property owner in control of an unsafe structureor system, to appeal the decision
of the building official.
Also attached is a copy of the staff report, staff exhibit A, B, C, D, E, copy of the applicants
application,applicants back up, and the applicants plumbing and electrical drawings.
If you have any questions or need any additional information please contact me in the office at
561.742.6366. Thank you.
Sincerely,
Andrew P. Mack, P.E.,CBO, LEED AP
Building Official/ City Engineer
APM:jaw
Attachment
Xc:Members of Building Board of Adjustment & Appeals
City Commission Members
Lori LaVerriere, Interim City Manager
Asst. City Attorney
Janet Prainto, City Clerk
Recording Secretary
Nancy Byrne, Interim Director of Development
John Kuntzman, InterimDeputy Building Official
Leon Jenkins,16049 Rio Del Sol, Delray Beach, FL 33446 - Via Regular Mail
A G E N D A
BUILDING BOARD OF ADJUSTMENT AND APPEALS
DATE:
Thursday, November 6, 2014
TIME:
4:00 P.M.
PLACE:
BOYNTON BEACH CITY HALL
COMMISSION CHAMBERS
100 E. BOYNTON BEACH BOULEVARD
A. CALL TO ORDER
– Timothy Rurey, Board member
B. ELECT NEW CHAIRPERSON
– former chairman, Michael Bessell, resigned August 2014,
when he moved out of town.
C. ACKNOWLEDGEMENT OF MEMBERS AND VISITORS
D. APPROVAL OF AGENDA & MINUTES (MINUTES OF 11/7/2013 MEETING)
E. OLD BUSINESS
None
F. NEW BUSINESS
Applicant: Leon Jenkins
th
Reference: 132 NW 10 Ave. (a.k.a. Martin Luther King Jr. Blvd.)
Explanation: Applicant is appealing a demolition order issued as
allowed by Section 116.4, inclusive, of the City of
Boynton Beach Administrative Amendments to the
2010 Florida Building Code. The applicant is
requesting a stay of the demolition order and
additional time to conduct the work stipulated by the
Notice of Unsafe Building dated 9/02/14.
G. ANNOUNCEMENTS
After the board meeting, board member viewing of the Ethics Training video in compliance of
the scheduled re-training for all Board members and employees. Any board members unable to
watch the video at this time must do so on his or her own and submit the signed Code of Ethics
Training Acknowledgement form to the City Clerk’s office.
S:\Development\BUILDING\Building Board of Adjustments & Appeals\FY 2014-2015\132 W MLK JR BLVD\11-6-14 Agenda.doc
The Board (Committee) may only conduct public business after a quorum has been established. If no
quorum is established within twenty minutes of the noticed start time of the meeting the City Clerk or
her designee will so note the failure to establish a quorum and the meeting shall be concluded. Board
members may not participate further even when purportedly acting in an informal capacity.
NOTICE
Any person who decides to appeal any decision of the Building Board of Adjustment and Appeals with respect to any matter
considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal
opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Please contact the
City Clerk’s office, (561) 742-6060, at least twenty-four (24) hours prior to the program or activity in order for the City to
reasonably accommodate your request.
XC: Members and Alternates of the Building Board of Adjustment & Appeals, Applicant(s), City Manager,
City Attorney, City Clerk, Director of Development & Building Official
S:\Development\BUILDING\Building Board of Adjustments & Appeals\FY 2014-2015\132 W MLK JR BLVD\11-6-14 Agenda.doc
Application and
Applicant’s back-up and
plans
Staff Report
DEPARTMENT OF DEVELOPMENT
BUILDING DIVISION
MEMORANDUM NO. 14-032
STAFF REPORT
Chair and Members
TO:
Building Board of Adjustments and Appeals
Andrew P. Mack, P.E., CBO, LEED AP
FROM:
Building Official/City Engineer
October 29, 2014
DATE:
Applicant requests an appealof the Building Officials demolitionorder based on
Section 116,Unsafe Structures and Equipmentof the Boynton Beach
REQUEST:
Administrative Amendments to the 2010 Florida Building Code.
Property Owner: Mr. Leon & Mrs. Gail Jenkins
Applicant/Agent: Mr. Leon Jenkins
Location: 132 West Martin Luther King Jr. Blvd
th
A.K.A. (132-134 NW 10 Avenue)
th
Date of Appeal: September 26, 2014
th
Date of Hearing: November 6, 2014
BACKGROUND:
On 4/02/14 a notice of unsafe building was mailed certified and regular mail to the current owner of the
above noted location Mr. Leon and Mrs. GailJenkins. The notice included stipulations to have the
building repaired, rehabilitated, or demolished within (10) calendar days from the date of the noticeor
submit an appeal of the unsafe structure notice.
On 4/12/14 a letter was received from Mr. Jenkins requesting additional time to hire a contractor and
rehabilitate the building. On 4/28/14 a letter staying the demolition order was issued with a time frame of
fourteen (14) days to secure a contractor and obtain a permit, and an additional fourteen (14) days from
the date of the permit issuance to complete the repairs.
On 5/05/14 a meeting was held with Mr. Jenkins at whichhe requested additional time to secure a
contractor, because in his opinion,he was not receiving reasonable pricing to make the repairs. At the
meeting Mr. Jenkins was informedthe City will requiredsome type of documentation showing his due
diligence in seeking proposals.
Staff Report
Memorandum No. 14-032
Page 2
On 6/05/14 the City Building Division received a fax copy of a proposal from Pendl Electric from Mr.
Jenkins. The fax was then followed up with a phone call from Mr. Jenkins to inform the City he was
close tosecuring a contractor but stillneeded additional time. On 6/19/14 McClendon Plumbing Inc.
submitted and received aplumbing permit to replace water pipes, lines, shower lines, valves fromthe
City. Since the issuance of the plumbing permit on 6/19/14 no work has commencedand/or inspections
scheduledor approved.
A second notice of unsafe structurewas mailed certified and regular mail to the owner on 9/02/14. The
notice included stipulations to have the building repaired, rehabilitated, or demolished within ten (10)
calendar days from the date of the notice or submit an appeal of the unsafe structure notice. Due to the
lack of response from the ownera demolition order was issued on 9/15/14 and mailed certified and
regular mail to the owner.
After expiration of the ten (10) calendar days as stipulated in the unsafe structure notice, Mr. Jenkins
requested a meeting on 9/19/14 and requested for a fourth timeto begranted additional time to hire a
contractor and submit a permit for the rehabilitation of the structure.Based on his lack of follow through
and repeated delays his request was denied. Although his request for additional time to secure a
contractor and submit for permit was denied, he was advised the City would still accept an appeal of the
demolition order to the Building Board of Adjustments and Appeals if submitted within seven (7) days.
On 9/26/14 a writtenappeal was received by the City from Mr. Jenkins and a hearing was scheduled for
10/16/14. On 10/03/14 Mr. Jenkins contacted the City and requested the hearing be delayed tillafter
10/20/14 toallow him toclose a modification to the mortgage on the property. The hearing was then
postponed to the next available date of 11/06/14.
The following is copy of the code sections the applicant is seeking relief from:
116.1 Unsafe buildings or systems.
All buildings, structures, electrical, gas, mechanical or plumbing
systems which are unsafe, unsanitary, or do not provide adequate egress, or whichconstitute a fire
hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard
to safety or health, are considered unsafe buildings or service systems. Allsuch unsafe buildings,
structures or service systems are hereby declared illegal and shall be ordered by the building official to
be abated by the owner, through repair and rehabilitation or bydemolition in accordance with the this
Code. The extent of repairs shall be determined by thebuilding official. When the building official
determines that an unsafe building, structure, or servicesystem cannot be reasonably repaired in
accordance with this or the technical codes, it shall be demolished in accordance with this section.
116.1.3 In case the owner, agent, or person in control cannot be found
within the statedtime limit, or, if
such owner, agent, or person in control shall fail, neglect, or refuse to complywith notice to repair,
rehabilitate, or to demolish, and remove said building, structure,electrical, gas, mechanical or plumbing
system or portion thereof, the building official, afterhaving ascertained the cost may take action to cause
such building, structure, electrical, gas,mechanical or plumbing system or portion thereof, to be
demolished, secured, repaired, orrequired to remain vacant or unused. Taking such action does not
create a continuingobligation on the part of the building official to continue with maintaining such
building, structure, or system; or create liability for any damage to the property.
S:\Development\BUILDING\Building Board of Adjustments & Appeals\FY 2014-2015\132 W MLK JR BLVD\14-032 BBAA_Unsafe
Structure_132 W MLK JR BLVD_102914.doc
Staff Report
Memorandum No. 14-032
Page 3
ADDITIONAL BACKGROUND:
Information has been obtained from the City Police Department and Code Compliance records
concerning a history of neglect onthe property, and the lackadaisicalproperty management Mr. and Mrs.
Jenkins employ.
Mr. and Mrs.Jenkins have owned the subject property since 1984. Since taking ownership of the
property there has been seventy three (73) code cases filed against the property along with two hundred
and one (201) documentedcrime activitiesas evidenced in the attached code case history and police data.
It is also evident by the current condition of the property the owners are either absentee landlords or are
planning to walk away from the property because the financial status of the property does not benefit
them.There is also an outstanding Utility Department balance of $5,845.38 forwater, sewer,storm
water, and refuse service, the last payment made on this account was on 6/21/12.
The owners have been givenample amount of the time to make the necessary repairs and to bring the
property in compliance, but instead of making the corrective repairs they have chosen to either ignore the
issues or make excuses time after time as to why they cannot take correctiveaction. It has already been
two hundred and eleven (211) days since the owners received the first notice from the City to have the
property repaired and/or rehabilitated, and up to this date no action has been taken, not even simply
re-securing the building.
Any claims offinancial hardship could have been easily remedy by Mr. and Mrs. Jenkins by selling one
(1) of the thirteen (13) properties they own in Palm Beach County, nine (9) of which are located within
the City corporate boundaries. Seeattached report from the Palm Beach County Property Appraisers
website.
CRITERA:
116.4Appeal
. The owner, agent, or person in control of an unsafe structure or system shall have the right
to appeal the decision of the building official, as provided hereinafter, and to appear beforethe Building
show cause why they should not
Board of Adjustments and Appeals at a specified time and place to
comply with said notice
.
RECOMMENDATION:
Based on the applicants, lack of action,refusal to meetthe required timelines set forth in the unsafe
structure notices, the existing unsafe/unsanitary condition of the structure, and the potential of fire hazard
and danger to human life; Staff recommends denial of the appeal for the subject property.
ATTACHMENTS:
Exhibit A–Staff Memo Back Up.
Exhibit B –Code Case History
Exhibit C –Police Arrest Data
Exhibit D – Jenkins Property Ownership via PBC Property Appraiser website
Exhibit E – Section 113 & 116 of the Boynton Beach Administrative Amendments to 2010 FBC
S:\Development\BUILDING\Building Board of Adjustments & Appeals\FY 2014-2015\132 W MLK JR BLVD\14-032 BBAA_Unsafe
Structure_132 W MLK JR BLVD_102914.doc
Exhibit A:
Staff Memo Back up
Page 1of 1
htt://www.bcov.com/aa/Ass/ProertDetail/ProertDetail.asx?arcel=084345210...311201
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From:Wooley, Jamie
To:Mack, Andrew
Subject:FW: Question re: Building board of adjustment & appeals applicant
Date:Thursday, October 30, 2014 1:14:54 PM
This is what I sent to Janet immediately after speaking with Mr. Jenkins on 10/3/14, about the originally scheduled meeting date; it explains
any notes I took while speaking with him.
Jamie Ann.Wooley,Administrative Secretary
Development, Development Services
City of Boynton Beach
|,
100 E. Boynton Beach Blvd.Boynton BeachFlorida33435
o: 561-742-6372
|
WooleyJ@bbfl.uswww.boynton-beach.org
America's Gateway to the Gulfstream
Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses
are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure.
From: Wooley, Jamie
Sent: Friday, October 03, 2014 5:28 PM
To: Prainito, Janet; Swanson, Lynn
Cc: Mack, Andrew
Subject: Question re: Building board of adjustment & appeals applicant
th
I just spoke to our applicant, Mr. Jenkins, to notify him of the 4:00pm, October 16, meeting date. It is earlier than he anticipated so he has
a couple of questions.
1.If he can not make that meeting can we reschedule? I think the answer is yes, but it sounds like he’s trying to buy time on his end
more than an actual scheduling conflict. How “late” can he ask that we reschedule?
2.He is in the process of getting a modification on his loan for this property. He’s concerned about receiving a BBA&A decision about
his property before the lender gets back to him about the modification and how one might affect the other. I mentioned that this
question may need to be addressed to the lender (esp. if the decision is not in his favor resulting in a demolition). He persisted by
th th
stating that he may receive a decision to demo on the 16, and hear from the lender on the 20 that the modification was
approved & resulting in extra money for the necessary repairs.
Can either of you guide me on how to address these questions with him? I explained that I did not have the knowledge to answer some of his
other questions but he was persistent in wanting answers to these particular two. I am refraining from sending an announcement email to
the board regarding the scheduled date/time until we have some sort of response to Mr. Jenkins…just in case we have to reschedule.
Thank you,
Jamie Ann
Jamie Ann.Wooley, Administrative Secretary
Development, Development Services
City of Boynton Beach
|,
Boynton BeachFlorida33435
100 E. Boynton Beach Blvd.
o: 561-742-6372
|
WooleyJ@bbfl.uswww.boynton-beach.org
America's Gateway to the Gulfstream
Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses
are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure.
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Exhibit B:
Code Case History
Exhibit C:
Police Arrest Data
Crime Web Search ResultsPage 1of 3
Crime Web Search Results
Go To Sql Statement
Search Again
Crime Web Search Results
(Use Popup Window )
Incident &
Date/TimeType/OffenseLocation
Report #
12023893-06/05/2012
THEFT OTHER134 NW 10TH AVE
102:18:49
-05/14/2012TORMENT DEPRIVE MUTILATE
12020372
134 NW 10TH AVE
110:03:03KILL
-05/11/2012
12020012
EXECUTE NARC WARRANT134 NW 10TH AVE
119:23:56
12019713-05/09/2012134 NW 10TH AVE
DOMESTIC VIOLENCE
120:21:49#3
12016838-04/19/2012134 NW 10TH AVE
DOMESTIC DISPUTE
123:05:18#4
12016286-04/15/2012
DOMESTIC DISPUTE134 NW 10TH AVE
123:03:38
12016203-04/15/2012134 NW 10TH AVE
DOMESTIC DISPUTE
104:36:05#3
12002931-01/20/2012
SIMPLE BATTERY134 NW 10TH AVE
119:05:16
12002309-01/17/2012BURGLARY RESD NON-FORCE 134 NW 10TH AVE
100:51:30ENTRY#2
11049090-10/29/2011
AGGRAVATED BATTERY CUTTING134 NW 10TH AVE
118:33:53
11044580-09/29/2011134 NW 10TH AVE
BURGLARY RESIDENCE - DELAYED
120:39:53#2
11040333-09/02/2011
THEFT AUTO ACCESSORI134 NW 10TH AVE
102:12:00
11007900-02/14/2011
POSS CONTRABAND134 NW 10TH AVE
123:02:00
10057145-12/02/2010
CARRY CONCEAL FIREAR134 NW 10TH AVE
122:28:00
10044298-09/20/2010134 NW 10TH AVE
DOMESTIC VIOLENCE
108:17:00#1
10039227-08/19/2010
NARCOTICS OTHER100 NW 10TH AVE
100:18:00
10035785-07/28/2010134 NW 10TH AVE
CHILD ABUSE
108:30:00#3
10034482-07/20/2010134 NW 10TH AVE
http://webpartner7v/QED/policepartner/common/crimeweb/search/srchresults.js1031201
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Crime Web Search ResultsPage 2of 3
106:25:00BURGLARY RES FORCE ENTRY DAY#4
10032297-07/07/2010
DOMESTIC VIOLENCE134 NW 10TH AVE
117:53:00
10025253-05/27/2010
VICE CONFIDENTIAL134 NW 10TH AVE
114:03:00
10021521-05/06/2010
R/A WITHOUT VIOLENCE134 NW 10TH AVE
115:47:00
05/10/2009
9023238-1THEFT AUTO ACCESSORI134 NW 10TH AVE
13:23:00
05/11/2005134 NW 10TH AVE
5016823-1THEFT AUTO ACCESSORI
18:27:00
#1
06/17/2004
-1SIMPLE BATTERY134 NW 10TH AVE
4032870
16:54:46
11/10/2003
3061877-1
RUNAWAY JUVENILE134 NW 10TH AVE
08:30:53
07/07/2003
-1AGG. BATTERY CUTTING134 NW 10TH AVE
3037479
22:31:00
02/06/2003134 NW 10TH AVE
3006917-1THEFT AUTO ACCESSORI
11:49:00#3
12/19/2002
2067459-1VICE CONFIDENTIAL134 NW 10TH AVE
05:14:27
12/06/2002
2064802-1VICE CONFIDENTIAL134 NW 10TH AVE
04:44:43
10/27/2002
2057233-1CITY ORD VIOL/OTHER134 NW 10TH AVE
00:50:00
09/04/2001
1043186-1POSS CONTRABAND134 NW 10TH AVE
03:17:30
03/29/2001134 NW 10TH AVE /
1015314-1RES FORCE ENTRY DAY
13:56:002
11/18/2000134 NW 10TH AVE
54107-1SUSP INCIDENT
22:58:00#2
11/18/2000
-1POLICE ASSIST STANDB134 NW 10TH AVE
54046
17:15:00
10/06/2000
46201-1DEATH - DR WILL SIGN134 NW 10TH AVE
04:24:17
07/07/2000
30987-1POSS CONTRABAND134 NW 10TH AVE
05:48:00
SQL Statment Used in Search
select distinct nbrincidents.agencyname, nbrincidents.incnum, nbrincidents.repnum,
nbrincidents.dtreported, nbrincidents.repid, nbrincidents.repname, nbrcrimes.chgoffensedesc,
nbrnoncrimes.noncrimedesc, nbrincidents.stnum, nbrincidents.stname1, nbrincidents.locgp from
nbrincidents, outer(nbrcrimes), outer(nbrnoncrimes), nbrsetup where nbrincidents.agencyname =
nbrcrimes.agencyname and nbrincidents.incnum = nbrcrimes.incnum and nbrcrimes.repnum = 0
and nbrcrimes.chgoffensedesc is not null and nbrcrimes.chargenum = (select min(cc.chargenum)
from nbrcrimes cc where nbrcrimes.agencyname = cc.agencyname and nbrcrimes.incnum =
cc.incnum and nbrcrimes.repnum = cc.repnum) and nbrincidents.agencyname =
http://webpartner7v/QED/policepartner/common/crimeweb/search/srchresults.js1031201
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Crime Web Search ResultsPage 3of 3
nbrnoncrimes.agencyname and nbrincidents.incnum = nbrnoncrimes.incnum and
nbrnoncrimes.repnum = 0 and nbrnoncrimes.noncrimedesc is not null and
nbrnoncrimes.noncrimenum = (select min(cc.noncrimenum) from nbrnoncrimes cc where
nbrnoncrimes.agencyname = cc.agencyname and nbrnoncrimes.incnum = cc.incnum and
nbrnoncrimes.repnum = cc.repnum) and nbrincidents.agencyname = nbrsetup.agencyname and
(nbrincidents.repnum = 1) and ((nbrincidents.dtreported between "1984-01-01 00:00:00" and
"2014-10-28 23:59:59")) and (nbrincidents.stnum like "134%") and (nbrincidents.stname1 like
"NW 10TH AVE%") order by nbrincidents.agencyname, nbrincidents.incnum desc,
nbrincidents.repnum, nbrincidents.dtreported, nbrcrimes.chgoffensedesc;
Search AgainNumber of Reports Listed 36
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Exhibit D:
Property Ownership –
Palm Beach Property
Appraiser
Page 1of 1
25
per
Displaying 1-13 of 13 records
page
25
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Displaying 1-13 of 13 records
page
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Exhibit E:
Sections 113 and 116
of the Boynton Beach
Administrative Amendments to the
2010 Florida Building Code
BOYNTON BEACH
ADMINISTRATIVE AMENDMENTS
to the
2010 FLORIDA BUILDING CODE
UPDATE ADOPTED
ORDINANCE NO. 13-028
th
EFFECTIVE October 15, 2013
ORDINANCE NO. 13-010
th
EFFECTIVE JUNE 4, 2013
ORGINALLY ADOPTED
ORDINANCE NO. 12-003
EFFECTIVE MARCH6th, 2012
BEGINNING WITH PERMIT NO. 12-0923
City of Boynton Beach Department of Development
Building Division
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425
(561) 742-6350 Office
(561) 742-6357 Fax
TABLE OF CONTENTS
This document can be downloaded online –at no charge –by visiting the “Forms & Applications” section of
the Building Division page on the City of Boynton Beach website at www.boynton-beach.org
ADMINISTRATIVE CODE
(Applies to all Construction Codes)
Chapter 1 Administration
Section Page
101
GENERAL………………………………………………………………………….. 3
102
APPLICABILITY…………………………………………………………………… 5
103
BUILDING DIVISION……………………………………………………………… 8
104
DUTIES AND POWERS OF THE BUILDING OFFICIAL……………………... 8
105
PERMITS…………………………………………………………………………... 10
106
FLOOR AND ROOF DESIGN LOADS…………………………………………. 18
107
CONSTRUCTION DOCUMENTS……………………………………………….. 18
108
TEMPORARY STRUCTURES AND USES…………………………………….. 29
109
FEES……………………………………………………………………………….. 29
110
INSPECTIONS…………………………………………………………………….. 31
111
CERTIFICATES OF OCCUPANCY AND COMPLETION…………………….. 39
112
SERVICE UTILITIES……………………………………………………………… 41
113
BUILDING BOARD OF ADJUSTMENTS AND APPEALS……………………. 42
114
VIOLATIONS………………………………………………………………………. 44
115
STOP WORK ORDERS………………………………………………………….. 45
116
UNSAFE STRUCTURES AND EQUIPMENT…………………………………. 45
117
TESTS……………………………………………………………………………… 47
118
WIND LOADS……………………………………………………………………… 47
119
SEVERABILITY……………………………………………………………………. 47
2
SECTION 113
BUILDING BOARD OF ADJUSTMENT AND APPEALS
113.1Appointment.
There is hereby established a board to be called the Building Board of
Adjustment and Appeals, which shall consist of seven members and two alternates. The applicable
governing body shall appoint the Board.
113.2Membership and Terms
113.2.1 Membership.
The Building Board of Adjustment and Appeals shall consist of seven
members. Such board members shall be composed of individuals with knowledge and
,
experience in the technical codes to includeto the greatest extent possible,an architect,
engineer, general contractor, electrical contractor, HVAC contractor, plumbing contractor,
and any other contractor licensed category. In addition to the regular members, there should
be two alternate members, one member with the qualifications referenced above and one
member at large from the public. A board member shall not act in a case in which he has a
personal or financial interest.
113.2.2 Terms.
Theterms of office of the board members shall be staggered so no more
than one-third of the board is appointed or replaced in any 12-month period. The two
alternates, if appointed, shall serve one-year terms. Vacancies shall be filled for an unexpired
term in the manner in which original appointments are required to be made. Three absences
of any member from required meetings of the board shall in a 12 month period, at the
discretion of the applicable governing body, render any such member subject to immediate
removal from office.
113.2.3 Quorum and voting.
A simple majority of the board shall constitute a quorum. In
varying any provision of this code, the affirmative votes of the majority present, but not less
than three affirmative votes, shall be required. In modifying a decision of the building official,
not less than four affirmative votes, but not less than a majority of the board, shall be
required. In the event that regular members are unable to attend a meeting, the alternate
members, if appointed, shall vote.
113.2.4 Secretary of board.
The building official or his/her authorized representative shall
act as secretary of the board and shall make a detailed record of all of its proceedings, which
shall set forth the reasons for its decision, the voteof each member, the absence of a
member, and any failure of a member to vote.
113.3 Powers.
The Building Board of Adjustments and Appeals shall have the power, as further
defined in 116.4, to hear appeals of decisions and interpretations of the building official and
consider variances of the technical codes.
113.4 Appeals
113.4.1 Decision of the building official.
The owner of a building, structure or service
system, or dulyauthorized agent, may appeal a decision of the building official to the Building
Board of Adjustment and Appeals whenever any one of the following conditions are claimed
to exist:
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1.The building official rejected or refused to approve the mode or manner ofconstruction
proposed to be followed or materials to be used in the installation or alteration of a
building, structure or service system.
2.The provisions of this code do not apply to this specific case.
3.That an equally good or more desirable form of installation can be employed in any
specific case, whichthe building official has rejected or refused.
4.The true intent and meaning of this code or any of the regulations hereunder have been
misconstrued or incorrectly interpreted.
113.4.2Variances.
The Building Board of Adjustments and Appeals, when upon written
request, has been so appealed to and after a hearing, may vary the application of any
provision of this code to any particular case when, in its opinion, the enforcement thereof
would do manifest injustice and would be contrary to the spirit and purpose of this or the
technical codes or public interest, and also finds all of the following:
1. That special conditions and circumstances exist which are peculiar to the building,
structure or service system involved and which are not applicable to others.
2. That the special conditions and circumstances do not result from the action or inaction of
the applicant.
3. That granting the variance requested will not confer on the applicant any special privilege
that is denied by this code to other buildings, structures or service system.
4. That the variance granted is the minimum variance that will make possible the reasonable
use of the building, structure or service system.
5. That the grant of the variance will be in harmony with the general intent and purpose of
this code and will not be detrimental to the public health, safety and general welfare.
113.4.2.1Conditions of the variance.
In granting the variance, the board may prescribe
a reasonable time limit within which the action for which the variance is required shall be
commenced or completed or both. In addition, the board may prescribe appropriate
conditions and safeguards in conformity with this code. Violation of the conditions of a
variance shall be deemed a violation of this code.
113.4.3Notice of appeal.
Notice of appeal shall be in writing and filed within 30 calendar
days after the building official renders the decision.Appeals shall be in a form acceptable to
the building official.
113.4.4Unsafe or dangerous buildings or service systems.
In the case of a building,
structure or service system, which inthe opinion of the building official, is unsafe, unsanitary
ordangerous,the building official may, in the order, limit the timefor such appeals to a
shorter period.
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113.5 Procedures of the board.
113.5.1Rules and regulations.
The board shall establish rules and regulations for its own
procedure not inconsistent with the provisions of this code. The board shall meet on call of
the chairman. The board shall meet within 30 calendar days after notice of appeal has been
received.
113.5.1.1Rules of Evidence.
Formal rules of evidence shall not apply, but fundamental
due process should be observed and govern the proceedings. Upon determination by the
Chairperson, irrelevant, immaterial, or unduly repetitious evidence may be excluded, but
allother evidence of a type commonly relied upon by reasonable, prudent persons in the
conduct of their affairs shall be admissible, whether or not such evidence would be
admissible in a trial in the courts of Florida. Any part of the evidence may be received in
written form. The Board may request certain evidence be provided by an architect or
engineer registered in the State of Florida, in which case said evidence shall be signed,
sealed, and dated.
113.5.1.2 Testimony.
Any member of the Board or the attorney representing the Board
may inquire of, or question, any witness before the Board. Any member of the Board, the
petitioner or his/her attorney, and/or the building official shall be permitted to inquire of
any witness before the Board. The Board may consider testimony presented by the
building official, the petitioner, or any other witness.
113.5.2 Decisions.
The Building Board of Adjustment and Appeals shall, in every case,
reach a decision without unreasonable or unnecessary delay. Each decision of the board
shall also include the reasons for the decision. If a decision of the board reverses or modifies
a refusal, order, or disallowance of the building official or varies the application of any
provision of this code, the building official shall immediately take action in accordance with
such decision. Every decision shall be promptly filed in writing in the office of the building
official and shall be open to public inspection. A certified copy of the decision shall be sent by
mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the
building official for two weeks after filing. Every decision of the board shall be final; subject
however to such remedy as any aggrieved party might have at law or in equity.
SECTION 114
VIOLATIONS
Any person, firm, corporation or agent who shall violate a provision of this code, or fail to comply
therewith, or with any of the requirements thereof, or who shall erect, construct, alter, install,
demolish or move any structure, electrical, gas, mechanical or plumbing system, or has erected,
constructed, altered, repaired, moved or demolished a building, structure, electrical, gas,
mechanical or plumbing system, without full compliance with applicable codes, laws, ordinances,
rules and regulations, shall be guilty of a misdemeanor. Each such person shall be considered guilty
of a separate offense for each and every day or portion thereof during which any violation of any of
the provisions of applicable codes, laws, ordinances, rules and regulations is committed or
continued, and upon conviction of any such violation such person shall be punished within the limits
and as provided by state laws. Nothing in this section shall prevent the authority having jurisdiction
from imposing fines, liens, or seek injunction relief, or exercising other enforcement powers as
permitted by law. Code enforcement and penalties of 162 Florida Statutes Part Ishall be authorized
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if building work begins without payment of all required fees, and for thepurposes of enforcing this
code, code officials licensed underFlorida Statute 468 Part XII are deemed “Code Inspectors”, as
defined inFlorida Statute 162.04.
SECTION 115
STOP WORK ORDER
115.1Stop work orders.
Upon notice fromthe building official, work on any building, structure,
electrical, gas, mechanical or plumbing system that is being done contrary to the provisions of this
code or in a dangerous or unsafe manner, shall immediately cease.
115.2Issuance.
The stop work order shall be in writing and shall be given to the owner of the
property involved, or to the owner’s agent, or to the person doing the work. Upon issuance of a stop
work order, the cited work shall immediately cease. The stop work order shall state the reason for the
order, and the conditions under which the cited work will be permitted to resume. Where an
emergency exists, the building official shall not be required to give a written notice prior to stopping
the work.
115.3Unlawful continuance.
Any person who shall continue any work after having been served
with a stop work order, except such work as that person is directed to perform to remove a violation
or unsafe condition, shall be subject to penalties as prescribed by law.
SECTION 116
UNSAFE STRUCTURES AND EQUIPMENT
116.1Unsafe buildings or systems.
All buildings, structures, electrical, gas, mechanical or
plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which
constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing
use, constitute a hazard to safety or health, are considered unsafe buildings or service systems. All
such unsafe buildings, structures or service systems are hereby declared illegal and shall be
orderedby the building official to beabated by the owner, through repair and rehabilitation or by
demolition in accordance with the this Code. The extent of repairs shall be determined by the
building official.When the building official determines that an unsafe building, structure, or service
system cannot be reasonably repaired in accordance with this or the technical codes, it shall be
demolished in accordance with this section.
116.1.1 When the building official determines
a building, structure, electrical, gas,
mechanical or plumbing system or portion thereof is unsafe, as set forth in this Code he/she
shall providethe owner, agent or person in control of such building, structure, electrical, gas,
mechanical or plumbing system awritten notice of violationstating the defects thereof. This
notice shall require the owner within a stated time either to complete specified repairs or
improvements, or to demolish and remove the building, structure, electrical, gas, mechanical
or plumbing system or portion thereof.
116.1.2If necessary, the notice shall also require
the building, structure, electrical, gas,
mechanical, plumbing systems or portion thereof to be vacated and/or disconnected,and not
reoccupied and/or reconnecteduntil the specified repairs and improvements are completed,
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inspected and approved by the building official. The building official shall postat each
entrance to thebuilding a placardstating: THIS BUILDING IS UNSAFE AND ITS USE OR
OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING OFFICIAL. This placardshall
remain posted until the required repairs are made or demolition is completed. It shall be
unlawful for any person, firm or corporation or its officers, agents, or other servants, to
remove the posting without written permission of the building official, or for any person to
enter the building, or use the building or system(s) except for the purpose of making the
required repairs or of demolishing same.
116.1.3In case the owner, agent, or person in control cannot be found
within the stated
time limit, or, if such owner, agent, or person in control shall fail, neglect, or refuse to comply
with notice to repair, rehabilitate, or to demolish, and remove said building, structure,
electrical, gas, mechanical or plumbing system or portion thereof, the building official,after
having ascertained the costmay take action to cause such building, structure, electrical, gas,
mechanical or plumbing system or portion thereof, to be demolished, secured, repaired, or
required to remain vacant or unused. Taking such action does not create a continuing
obligation on the part of the building official to continue with maintaining such building,
structure, or system; or create liability for any damage to the property.
116.1.4The decision of the building official shall be final
in cases of emergency, which,
in the opinion of the building official, involve imminent danger to human life or health, or the
property of others. He/she shall promptly cause such building, structure, electrical, gas,
mechanical or plumbing system or portion thereof to be made safe or cause its removal. For
this purpose he/she may at once enter such structure or land on which it stands, or abutting
land or structures, with such assistance and at such cost as he may deem necessary.
He/she may order the vacating of adjacent structures and may require the protection of the
public by appropriate fence or such other means as may be necessary, and for this purpose
may close a public or private way.
116.2Reserved.
116.3 Administrative fines; costs to repair; liens.
Costs incurred under 116.1.3 and 116.1.4 shall
be charged to the owner of the premises involved. If charges are not paid within a ten (10) day
mailing of
period following the billing notification sent by certified mail, the ownerof the premises
will be charged in the following manner:
1. The building official shall assess the entire cost of such vacation, demolition, securing, or
removal against the real property upon which such cost was incurred, which assessment
shall include but not be limited to all administrative costs, postal expenses, and shall
constitute a lien upon such property superior to all others except taxes.
2. The Clerk of the Circuit Court shall file such lien in the County's Official Record Book
showing the nature of such lien, the amount thereof and an accurate legal description of the
property, including the street address, which lien shall be effective from the date of filing and
recite the names of all persons notified and interested persons. After three (3) months from
the filing of any such lien which remains unpaid, the governing body may foreclose the lien in
the same manner as mortgage liens are foreclosed. Such lien shall bear interest from date of
abatement of nuisance at the rate of ten (10) percent per annum and shall be enforceable if
unsatisfied as other liens may be enforced by the governing agency.
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116.4 Appeal.
The owner, agent, or person in control of an unsafe structure or system shall have
the right to appeal the decision of the building official, as provided hereinafter, and to appear before
the Building Board of Adjustments and Appeals at a specified time and place to show cause why
they should not comply with said notice.
SECTION 117
TESTS
The building official may require tests or testreports as proof of compliance. Required tests are to
be made at the expense of the owner, or agent, by an approved testing laboratory or other
approved agency.
SECTION 118
WINDLOADS
(Section 1609, Florida Building Code)
The basic wind speed in miles per hour, for development of wind loads, shall be determined from
figure 1609, said Basic Wind Speed for Boynton Beach as depicted on map Figure 1609A, Figure
1609B, and Figure 1609C is hereby added to this code.
SECTION 119
SEVERABILITY
If any section, subsection, sentence, clause or phrase of this code is for any reason held to be
unconstitutional, such decision shall not affect the validity of the remaining portions of this code.
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