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Minutes 03-15-06 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, MARCH 15,2006 AT 7:00 P.M. IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Kathy Cook, Vice Chair Kathleen Carroll Richard Yerzy Robert Foot Lisa Simshauser David Toices, Assistant City Attorney Scott Blasie, Code Administrator Code Officers: Willie Webb Courtney Cain Luney Guillaume Skip Lewis Mike Melillo Vestiguerne Pierre Pete Roy Rich Laverdure Absent: Chris DeLiso I. Call to Order Chair Costantino called the meeting to order at 7:00 P.M. II. Approval of Minutes A motion was made by Ms. Cook to approve the minutes of Februaryl5, 2006 and February 23, 2006 with the corrections noted. Mr. Foot seconded the motion for discussion and had a question regarding the minutes of February 15, 2006 for Hayes Clinical Laboratory, Inc., Case #05-2880. It was determined the minutes did not need any changes for Case #05-2880. A vote was taken and the motion unanimously passed. III. Approval of Agenda Code Officer Laverdue announced the following changes: Page 3, Case #05-2032 has been removed. Page 4, Case #05-1788 has been removed. Page 8, Case #06-214 has been removed. Page 9, Case #06-296 m has been removed. Page 10, Case #05-1223 has been removed. Page 13, Case # 06-132 has been removed. Page 14, Case #06-205 has been removed. Page 15, Case #06-240 has complied. Page 18, Case #06-261 has been removed. Page 19, Case #06-309 has complied. Page 22, Case #06-155 has been removed. Page 27, Case #05-2569 has been removed. Page 32, Case #05-2491 has been removed. Page 33, Case #05-2607 has been removed. Page 39, Case #06-329 has complied. Meeting Minutes Code Compliance Board Boynton Beach, Florida March 15, 2006 Page 42, Case #06-119 has complied. Motion Mr. Foot moved for approval of the agenda. Ms. Carroll seconded the motion which unanimously carried. IV. Swearing in of Witnesses and Introduction. Attorney Tokes explained the procedures, and administered the oath to all persons that would be testifying. He reminded all parties to sign in on the sheet provided at the chamber entrance. Chair Costantino indicated she had two announcements she would make after the agenda is heard. Code Officer Laverdue determined who would be testifying. V. New Business A. Cases to be Heard Case # 05-1713 Property Address: Violations: West Industrial Associates 1300 W. Industrial Ave., Unit 109 FBC '01 ED BBA 104.1.1 A/C installed without permit. Secure permit. See copy of "Red Tag" dated 07/22/05 and contact J. Patrick of B1dg Division to resolve. Violation is at Unit 109. Code Officer Cain explained this violation was the result of a referral from a city department and cited the violation as above. The notice was a written notice giving 10 days to comply. He noted proof of service was obtained on February 21,2006 and the green card was signed on February 22,2006. He reported the violation could be a health and safety issue and reviewed the matter was red tagged from the Building Department. Joe Patrick, the Plumbing Inspector indicated currently, they did not have a permit for the air conditioning unit. The air conditioning is a central air conditioning unit. Milan Novotny, 1300 W. Industrial Avenue, the landlord for the property was present and pled not guilty. Alan Basche, 9604 EI Clair Ranch Road, a tenant was present. He explained he had the air conditioner installed in 1997. At the time, he alerted the landlord about the air conditioner who advised him to get the permit and the air conditioning unit. He found a company to install the unit, but they didn't obtain a permit. Subsequently, the original air conditioning company went out of business, then was sold. He indicated he could not prove there was a permit. Mr. Novotny advised the Board Mr. Basche declared bankruptcy in November and to-date, has not received any discharge of the bankruptcy proceedings, so he is prohibited from doing any work in the unit. He requested a postponement until he received the discharge from the court. It was anticipated the discharge would be forthcoming shortly. Mr. Basche indicated he tried to find a contractor to do the work 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 15,2006 but nobody wanted to come and inspect the location and obtain the permit. Mr. Foot suggested allowing three months. Code Officer Cain explained when the Building Inspectors visited the property, they indicated there were people on the premises working and termed it a "sweatshop". The health and safety aspect was the possibility that the air conditioner was not properly installed. Mr. Basche objected to the term "sweatshop". Code Compliance Administrator Blasie clarified the air conditioning unit only serviced the tenant's unit. Mr. Basche advised the system is not operational and the unit does not have electricity. Motion Based on the testimony and evidence presented in Case #05-1713, Mr. Foot moved that this Board find that West Industrial Associates is in violation of City of Boynton Beach Code Section as cited, and move to order that the Respondent correct the violation on or before June 13,2006. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past June 13, 2006 plus Administrative Costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Cook seconded the motion. Board Attorney Tokes informed the Board the property is subject to a bankruptcy action and advised he would be hesitant to impose an order that would place a lien on a portion of property in the bankruptcy proceeding. Mr. Foot expressed his thoughts were the case ran in two directions; one against the owner and the other against the tenant. Attorney Tokes eXplained the owner is limited in what he can do to the property due to the fact the bankruptcy is ongoing. If the Board did so, the Board would need to go before the Bankruptcy Court and explain their actions. Mr. Foot withdrew his motion. Ms. Cook withdrew her motion. Motion Mr. Foot moved that Case # 05-1713 be tabled to June 21,2006. Ms. Simshauser seconded the motion which unanimously carried. Case # 05-1715 Property Address: Violations: West Industrial Associates 1300 W. Industrial Ave., Unit 109 FBC '01 ED 104.1.1 104.7.5 BBA '01 BC Opening Cut into rated CBS Walls without a permit. Wood Rack system built without a permit. You must secure all permits. See copy of "Red Tag" dated 07/22/05 and contact Bud Gall - Building Division to resolve. Code Officer Cain presented the case and cited the violation as above. The notice was a written notice 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 15, 2006 giving 10 days to comply. Notice was sent on February 21, 2006 and the card was signed February 22, 2006. This violation was for the same unit. Alan Basche, 9604 EI Clair Ranch Road, was present and pled not guilty. He indicated he had a copy of the permit for the opening in the walls. He had plans from a structural engineer and a bill from the contractor who obtained the permit and did the work. Mr. Basche suggested this matter was a case of the City losing the permit. Milan Novotny, 10979 Spicewood Trail, the landlord of the property was present. Motion Mr. Foot moved that Case # 05-1715 be tabled to June 21, 2006. Ms. Carroll seconded the motion which unanimously carried. Case # 06-217 Property Address: Violations: Yollande Neptune & Nefait Augustin 2975 SE 1st Street BBA FBC '05 105.1.1 BBA FBC '05108.5 Permit is required for new block walls and alteration to rear of the house. Secure permit and inspection from the building department. Four times fee will apply for work done prior to permit issuance. Code Officer Pierre presented the case and cited the violation as above. Code Officer Guillaume translated for Mr. Augustin. Nefait Augustin, 2975 SE 1st Street was present and pled guilty. Mr. Augustin indicated he is trying to obtain the permits, but the work is not complete. Mr. Augustin is working on the plans and requested six months. Mr. Augustin acknowledged he was aware he could not do any construction until he got a permit. Motion Based on the testimony and evidence presented in Case #06-0217, Mr. Foot moved that this Board find that Y ollande Neptune & Nefait Augustin are in violation of City of Boynton Beach Code Section as cited, and move to order that the Respondents correct the violation on or before September 13, 2006. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondent do not comply with this Order, a fine in the amount of $25 per day for each day the violation continues past September 13, 2006 plus Administrative Costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Cook seconded the motion which unanimously passed. Case # 06-289 Property Address: Violations: John Leonard, Jr. 143 SW 24th Ave. CHI5-ART.IX-15-120(D). Inc. 424.2.17.1.1 thru 10 Chapter 20 Sec. 8 E-16 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 15, 2006 4 inch house numbers are required on front of the house. Please secure and clean pool, mow and trim backyard and sod front & back yard. Repair screen and trim hedges. Code Officer Pierre presented the case and cited the violations noted as above. Mr. John Leonard, 143 SW 24th Avenue, was present and pled guilty. He explained he has cured some of the violations. The hedges were trimmed, one of the house numbers was lost during the hurricane and replaced. The pool was drained. He will acid wash the pool this weekend. The hurricane caused a lot damage and the debris wound up in the pool. The enclosure is no longer there. He indicated he spoke to someone in the Building Department and left a message for a Bob Donovan, but needs a surveyor. He will be getting a kiddie fence. He explained he has been at the location for 11 years and has sodded twice with bahai and in about one year it turned to weeds. He requested direction from the Board. Ms. Cook explained the Board does not make such recommendations. Code Officer Guillaume was present and advised he inspected the property Tuesday and it was not yet in compliance. He distributed photographs for the Board's review. Code Officer Guillaume expressed his understanding with the situation on the property, but noted Mr. Leonard's property faces SE 23rd Ave. The pool is wide open. Attorney Tolces reminded the Board they do not make recommendations on how to come into compliance. The Board decided to make two motions regarding the violations, one specifically for the pool. Motion Based on the testimony and evidence presented in Case #06-289, Ms. Carroll moved that this Board find that Mr. John P. Leonard, Jr. is in violation of City of Boynton Beach Code Section as cited, specifically in regard to the fencing around the pool and move to order that the Respondent correct the violation on or before April 14, 2006. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past April 14, 2006 plus Administrative Costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion which unanimously passed. Motion Based on the testimony and evidence presented in Case #06-289, Ms. Carroll moved that this Board find that Mr. John P. Leonard, Jr. is in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violations on or before June 13, 2006. These violations are the remaining violations in the Order. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day for each day the violations continue past June 13, 2006 plus Administrative Costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion which unanimously passed. 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 15, 2006 Attorney Tolces requested clarification that the $25 fine in the second motion was for the remaining violations in their entirety, not for each one. Ms. Carroll confirmed her intent that the fine was for the violations in their entirety. Case # 06-356 Property Address: Violations: Susan McAvey 109 SE 29th Ave.. CHI5-ART.IX-15-120(D). Inc. 424.2.17.1.1 thru 10 please secure pool. De-weed and sod yard and replace broken windows. Remove Debris. Code Officer Pierre presented the case and cited the violations as above. Mr. John McAvey, 109 SE 29th Avenue was present. He eXplained Susan is his wife and Rita is his mother who passed away. He has permission to speak on their behalf and indicated he is in compliance. He explained the broken window by the garage is fixed and flowers have been planted. He announced he has done everything he can to satisfy the Board and Code Officer Pierre. Code Officer Pierre announced his last inspection was March 14, 2006 and there is a temporary fence on the property which does not close the case. Mr. McA vey asked for additional time. The screen enclosure was destroyed. He intended to place a wooden fence around the pool, which has been drained by Grabowski's pool service and the lawn service is working to secure and improve the premises. The Board discussed how much time and how long it would take to obtain the permit from the City. Motion Based on the testimony and evidence presented in Case #06-356, Ms. Carroll moved that this Board find that Susan and John McAvey are in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondents correct the violation on or before May 14, 2006. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past May 14,2006 plus Administrative Costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion which unanimously passed. Lien Penalty Certifications Case # 04-1446 Michael R. Rogers 111 NE 3rd Avenue Code Officer Roy presented the case and indicated the violation still exists. There has been 268 days of non-compliance. Mr. Michael R. Rogers, 111 NE 3rd Avenue was present. He distributed a letter to the Board Members and said letter is attached to the minutes. He explained his problem is he cannot pull everyone together. The professional people do not show up and at present, he is operating on a generator. 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 15,2006 Ms. Cook noted Mr. Rogers did the work before the permits and inspections and asked the Board Attorney if the Board can set this aside or table the case for 90 days. Attorney Tolces indicated it might be easier to certify the fine and have him come back once the property is in compliance. The Board could consider a reduction at that time. Mr. Foot explained a Certification means a lien on the property. Mr. Foot suggested tabling the case for 60 days. Mr. Rogers indicated he has two mortgage companies waiting to give him proceeds to build a house on the adjoining lot, but they won't approve the mortgage until they can send out an appraiser which requires a stricter inspection than those that Code Enforcement conducts. Mr. Foot indicated the liens would go on his properties and suggested tabling the case for 60 days. Motion Mr. Foot moved to table the case until May 17, 2006. Mr. Yerzy seconded the motion which unanimously passed. Mr. Foot indicated to date, Mr. Roger's fine is approximately $21,000. He urged Mr. Rogers to attend to this promptly. Case #05-2118 1 Star Bowling Center II LP 1390 W. Boynton Beach Blvd. Code Officer Cain presented the case and indicated the violation still exists. There has been 26 days of non-compliance. Ron Barr, 4621 Hollywood Boulevard, Hollywood, Florida of R. Architectural Studio was present and explained he is the architect for the project. He explained a few months ago, a colleague of his office received a notice of violation and came before the Board and presented the solutions to the violation. At that time, he was retained by AMF Bowling, which is part of 1 Star Bowling. He announced a survey and architectural drawings were submitted to the Building Department over 45 days ago. He spoke with Betsy in the Building Department who spoke with Tara as well as Ken Hall who informed him he just recently signed off on the plans and they were going from Engineering to Building for issuance. He called the Building Department and was advised it is being "processed". He asked for an extension as it was demonstrated that 1 Star is moving forward with resolving the issues, but it is not moving quickly. He requested a 60-day extension. Mr. Barr understood the fine would still be running and will inform his client of the fine. He expressed he would be happy to come back before the Board to have the fines addressed. Mr. Foot asked for the definition of maintenance for the parking lot, whether it was aesthetics or unsafe conditions such as potholes, striping and resurfacing. Code Officer Cain responded in this instance, the definition was basically all of those issues, potholes, resurfacing, etc. Motion Ms. Cook moved that Case #05-2118 be tabled until the Code Compliance Board Meeting to be held on May 17, 2006. Ms. Simshauser seconded the motion. The Chair requested a roll call vote. The motion unanimously passed. Case #05-2600 Maudira & Zelima Delhomme 815 NW 6th Avenue Code Officer Cain presented the case and indicated the violation still exists. There has been 16 days of non-compliance. 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 15, 2006 Maudira Delhomme, 815 NW 6th Avenue, was present. Code Officer Cain explained the home was damaged by the hurricane and the owners have been displaced. The pool has been secured, however the homeowners are still not in the dwelling. They have been working with the City. Motion Based on the testimony and evidence presented in Case #05-2600, Ms. Carroll moved that this Board find that the Respondents, Maudria and Zelima Delhomme, were in violation of the City of Boynton Beach Code Section as cited, subsequent to the date of compliance specified in this Board's Order of February 15, 2006 and in consideration of the gravity of the violation, the actions taken by the Respondents to remedy the violations and previous violations of the Respondents, that this Board impose and certify a fine in the amount of $0 per day plus Administrative Costs, for a total of 16 days of non-compliance. Ms. Carroll clarified there should be no administrative costs. Mr. Foot seconded the motion which unanimously carried. Case #06-78 Fortunato Rubio & Veronica Pantoja 859 NW 8th Avenue Code Officer Cain presented the case and reviewed the first order was for the pool and had 17 days of non-compliance. Veronica Pantoja 859 NW Avenue was present. She explained the delay was damage to the back fence. She tried to find someone to repair the damage and could not. She received an estimate for $20,000 which is too much for her to spend. She indicated she would have to repair it herself. She indicated she has the paperwork for the permit but thought she needed a Notice of Commencement. It was noted the pool was secured. Code Compliance Administrator Blasie indicated she was also cited for needing an occupational license. She explained she didn't know she needed one but did submit the paperwork for the license. She elaborated she didn't call for the inspection because she needed to make repairs. Code Compliance Administrator Blasie explained she cannot obtain an owner contractor permit from the Building Department because she needs to reside at the location. Ms. Pantoja asked for 30 days. Code Compliance Administrator Blasie indicated staff was leaning more toward 90 days. Mr. Foot requested confirmation that the orange security fence is now acceptable. The Building Department has put out standards, having posts every four feet, however, the fencing must be taunt and maintained and must be continually looked after. As long as she is trying to get a permanent enclosure, this is acceptable. The Board discussed certifying the lien to move the matter along and noted this is just for the pool. There was a second Board Order that becomes due on March 17,2006. Code Officer Cain asked if the matter could be tabled. When she received the Order, she acted immediately and has done a lot of work to the house. By tabling the case, the fine would still run, but the lien would not be recorded. Code Officer Cain suggested 90 days. The Board discussed approving 30 days for the pool portion of the violation and a 60 day extension for the second Order. Motion Based on testimony and evidence presented in 06-78, Ms. Simshauser moved that this Board find that Respondents, Fortunato Rubio & Veronica Pantoja are in violation of City of Boynton Beach Code Sections as cited subsequent to the date of compliance specified in this Board Order of February 25, 2006 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 15, 2006 and in consideration of the gravity of the violation, the actions taken by the Respondents to remedy the violations and previous violations of the Respondents that this Board impose and certify a fine in the amount of $1 00 per day to include Administrative Costs for a total of 17 days of non-compliance. Motion died for lack of a second. Motion Mr. Foot moved to table the action until the April 19, 2006 meeting. Ms. Cook seconded the motion which unanimously passed. Case #05-2730 A. & Mae H. Gainer 343 NE 13th Avenue Code Officer Melillo presented the case and noted the days of non-compliance were 17 days. Dorothy Gainer, 807 NW 3rd Street, appeared as a personal representative of the Estate of Alan and Mae Helen Gainer. She explained her parents died four years ago and the estate has not been closed. She pled guilty and indicated she is one of the responsible parties. She explained each time a notice was sent, she tried to take care of the matter. She lived in the area all her life and when something went wrong, she utilized individuals her father associated with. She indicated she should have followed up. The property was re-deeded as of December and she resides in the family home. She indicated she works for the Broward County Sheriff Office as a first responder and she was not aware of the hearing on February 15, 2006. Ms. Gainer explained the car referenced in the letter is not her vehicle and she paid someone to remove the debris and the tarp so it could be replaced. She didn't re-inspect the premises. The grass was cut, but the tarp not removed. Board Attorney Tolces advised in light of the deed transference, he recommended dismissing the case and reciting the current property owners. Motion Mr. Foot moved the case be dismissed. Mr. Yerzy seconded the motion which unanimously passed. Case # 06-79 Property Address: Violations: Jean & Marie Raymond 440 SW 6th Avenue CHI5-ART.IX-15-120(D). Inc. CHI5-ART.IX-15-120(E). Inc. PT3-LDR.CH2. SEC.5.C.1. PT3-LDR.CH20- VIII.SEC2.H. Remove all trash and debris and outside storage from property. Remove all inoperable vehicles from property. Clean pool and keep dry to prevent mosquito infestation. Code Officer Roy presented the case and indicated the City recommends 30 days. He eXplained this violation was a health and safety, and hurricane hazard. Jean Raymond, 440 SW 6th Avenue, pled no contest. He indicated he is a sick man and needs 60 days. 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 15, 2006 Code Officer Roy distributed pictures for the Board. The pool is secure but dirty and there is only about one foot of water in it. Motion Based on the testimony and evidence presented in Case #06-79, Ms. Cook moved that this Board find that Jean and Marie Raymond are in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondents correct the violation on or before April 14, 2006. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $150 per day for each day the violations continue past April 14, 2006 plus Administrative Costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion which passed 5-1 with Ms. Simshauser dissenting. Case # 06-158 Property Address: Violations: Marsha Jones NW 10th Avenue 10-2 B.B.C. ofOrd. Vacant Lot East of 519 NW 10th Ave. Remove trash and debris and mow any overgrowth on property Code Officer Roy presented the case and recommended 10 days for compliance. Marsha Jones, mailing address of 533 NW 13th Avenue and residing at 2160 NE 1st Lane was present and pled not guilty. Ms. Jones explained she owns the land but the trash is coming from the neighbors. She explained since the last hurricane, trash and debris has been dumped onto the property. Ms. Jones will look into securing the property with a fence and noted there is a no dumping sign on the property, yet trash continues to be dumped onto the property. Code Officer Roy indicated Ms. Jones was previously cited for an automobile which was taken care of, and another time for trash which was also resolved. Code Officer Roy noted the responsibility of maintaining the property goes to the landowner. Motion Based on the testimony and evidence presented in Case #06-158, Ms. Carroll moved that this Board find that Marsha Jones is in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violation on or before April 14, 2006. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of$25 per day for each day the violations continue past April 14, 2006 plus Administrative Costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion which unanimously passed. Case # 06-105 Property Address: Violations: Antonia Maxi 147 SE 10th Avenue 13-16 B.B.C. of Ord. 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 15, 2006 Every rental unit used for residential purposes in the City must be licensed. This includes rental property four units or less including single family residential rentals, condominium and mobile homes. Code Officer Guillaume presented the case and indicated the respondent was present. Antonia Maxi, 147 SE 10th Avenue was present and pled no contest. She requested a 15 day extension. It was noted she already applied for the license, but there were repairs needed at the location. Code Officer Webb testified he performed the inspection and the repairs so far did not meet the conditions for inspection approval. Motion Based on the testimony and evidence presented in Case #06-105, Ms. Cook moved that this Board find that Antonia Maxi is in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violation on or before May 14, 2006. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past May 14, 2006 plus Administrative Costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion which unanimously passed. Lien Penalty Certifications Case # 05-1308 Douglas C. Schnell 655 SW 1st Avenue Code Officer Cain presented the case. Douglas Schnell, 655 SW 1st Avenue was present and indicated he cleaned the yard and obtained the permit for the fence and removed the shed. He explained he worked on it on the weekends. Code Officer Cain indicated it was now in compliance. Mr. Foot explained the record indicated the Respondent appeared in September and a deadline was set. Mr. Schnell indicated he asked for six months. The Board noted there was a great deal of time between when the property was cited and now. Mr. Schnell also noted there was a hurricane. Code Officer Cain indicated when the deadline was reached the only thing left to do was remove the shed. The Respondent had a large backyard and he put up a new privacy fence, paver bricks and removed the un-permitted shed. When Code Officer Cain wrote the case up this morning for the Board, he was going to recommend "No Fine" based on his belief that the Respondent did everything he could to comply with the Ordinance. Additionally, Ms Mr. Schnell stayed in constant communication. 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 15, 2006 Motion Based on testimony and evidence presented in Case #05-1308, Ms. Carroll moved that this Board find that the Respondent, Douglas C. Schnell was in violation of the City of Boynton Beach code sections as cited subsequent to the date of compliance specified in the Board Order of September 21, 2005, and in consideration of the gravity of the violations, the actions taken by the Respondent to remedy the violations and previous violations that this Board impose and certify a fine in the amount of $0 to include Administrative costs for the 143 days of noncompliance. Ms. Cook seconded the motion. The Chair Secretary asked for a roll call vote. The motion passed 5-1 with Mr. Foot dissenting. Case #05-2115 Property Address: Violations: Thomas A. Thomas Jr. TR 1399 SW 30th Avenue PT3-LDR.CH23-ART n.o Parking lot maintenance is required. Code Officer Cain presented the case and indicated the City recommends 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #05-2115, Ms. Cook moved that this Board find that Thomas A. Thomas, Jr. is in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violation on or before March 25, 2006. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day for each day the violation continues past March 25, 2006 plus Administrative Costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. MF Ms.-Simshauser seconded the motion which unanimously passed. Case #06-110 Property Address: Violations: Kathleen A. Romeo 303 SW 7th St. FBC '01 ED 105.6 Red tagged, please call for final inspection Code Officer Cain presented the case and recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #06-110, Ms. Cook moved that this Board find that Kathleen A. Romeo. is in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violation on or before March 25, 2006. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day for each day the violation continues past March 25, 2006 plus Administrative Costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mf Ms. Simshauser seconded the motion which unanimously passed. Case #06-111 Property Address: Jonathan & Lisa Hines 683 NW 11 th Street 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 15, 2006 Violations: FBC '01 ED BBA 104.1.1. Permit is required Code Officer Cain presented the case and recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #06-111, Mr. Yerzy moved that this Board find that Jonathan and Lisa Hines are in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondents correct the violation on or before March 25, 2006. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25 per day for each day the violation continues past March 25, 2006 plus Administrative Costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mf Ms. Simshauser seconded the motion which unanimously passed. Case #05-2530 Property Address: Violations: Hudson Valley Holdings 212 E. Boynton Beach Blvd. FBC '01 ED BBA 104.1.1. BBA FBC '01104.7.5 A permit is required for landscaping, curbing and paving. Code Officer Guillaume presented the case and recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #05-2530, Ms. Carroll moved that this Board find that Hudson Valley Holdings are in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violations on or before March 25, 2006. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day for each day the violations continue past March 25, 2006 plus Administrative Costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Cook seconded the motion which unanimously passed. Case # 06-241 Property Address: Violations: Ricardo Marchensini 916 S. Seacrest Blvd. 424.2.17.1.1 Thru 10 Repair or replace fence and install a proper swimming pool barrier to secure the pool. Code Officer Guillaume presented the case and recommended 10 days for compliance. Motion Based on the testimony and evidence presented in Case #06-241, Mr. Foot moved that this Board find that Ricardo Marchensini is in violation of City of Boynton Beach Code Sections as cited, and move to order 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 15, 2006 that the Respondent correct the violations on or before March 25, 2006. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past March 25, 2006 plus Administrative Costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Cook seconded the motion which unanimously passed. Case # 06-260 Property Address: Violations: Joselyn Chery 220 SW 1st St. 13-16 B.B.C. ofOrd. Occupational License is required for rental property. Code Officer Guillaume presented the case and recommended 15 days for compliance. Motion Based on the testimony and evidence presented in Case #06-260, Ms. Cook moved that this Board find that Joselyn Chery is in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violation on or before March 30, 2006. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past March 30, 2006 plus Administrative Costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously carried. Case # 06-77 Property Address: Violations: Melchora Jose & Tomas Pedro 1417 S. Seacrest Blvd.. BBA FBC '05 105.1.1 BBA FBC '01 ED 103.5 INCL CHI5-Art.IX-15-120 (D).INC. Secure building permits and demolish unsafe structure or rebuild structure to meet code. All trash and debris needs to be removed. Yard needs to be mowed and sod installed in dead areas of the law. Code Officer Lewis presented the case and recommended 60 days be given for compliance. Code Officer Lewis explained the home is vacant. The owner contacted him and requested 60 days to allow him to obtain a demolition permit. At present the home is secure. There was a fence around the home Motion Based on the testimony and evidence presented in Case #06-77, Ms. Cook moved that this Board find that Melchora Jose & Tomas Pedro are in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondents correct the violations on or before May 14, 2006. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 15, 2006 by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past May 14, 2006 plus Administrative Costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion. The motion carried 5-1 with Ms. Simshauser dissenting. Case # 06-99 Property Address: Violations: Ernestine Waters 160 NE 19th Ave. CHI5-Art.IX-15-120 (D).INC. 13-16 B.B.C. ofOrd. Please remove inoperable vehicles from property. Re-sod dead area west of driveway, remove all auto parts, from the property. Rental license is required for rental property. Code Officer Lewis presented the case and recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #06-99, Ms. Cook moved that this Board find that Ernestine Waters is in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violations on or before March 25, 2006. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $+00-250 per day for each day the violations continue past March 25, 2006 plus Administrative Costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion which unanimously carried. Case # 06-191 Property Address: Violations: Omari Murray 340 SW 10th Ave. 13-16 B.B.C. ofOrd. Rental license is required for rental property. Code Officer Lewis presented the case and recommended 15 days be given for compliance. The property owner has been a repeat offender. Motion Based on the testimony and evidence presented in Case #06-191, Mr. Yerzy moved that this Board find that Omari Murray is in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violations on or before March 30, 2006. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past March 30, 2006 plus Administrative Costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verifY compliance with this Order. Ms. Simshauser seconded the motion which unanimously carried. 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 15, 2006 Case # 06-193 Property Address: Violations: Omari Murray 238 SW 5th Avenue CHI5-Art.IX-15-120 (D).INC. 13-16 B.B.C. ofOrd. Please remove inoperable vehicles from property. Re-sod dead area west of driveway, remove all auto parts, from the property. Rental license is required for rental property. Code Officer Lewis presented the case and recommended 15 days be given for compliance. Motion Based on the testimony and evidence presented in Case #06-193, Ms. Cook moved that this Board find that Omari Murray is in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violations on or before March 30, 2006. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past March 30, 2006 plus Administrative Costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion which unanimously carried. Case # 06-178 Property Address: Violations: Charlie Andrews, et al 224 NE 11th Avenue CHI5-Art.IX-15-120 (D).INC. Mow grass, weeds and trim property. Remove all trash. Code Officer Melillo presented the case and noted the mailing address as 641 NW 5th Street, Boynton Beach and recommended five days be given for compliance. Motion Based on the testimony and evidence presented in Case #06-178, Ms. Cook moved that this Board find that Charlie Andrews, et al are in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondents correct the violations on or before March 20, 2006. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past March 20, 2006 plus Administrative Costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion. Mr. Foot questioned the urgency of the matter. Code Officer Melillo distributed photographs to the Board. Attorney Tolces informed the Board from a process standpoint, he was not certain the Respondents would receive the Order by March 20, 2006. He advised if this is a special case, then make sure the Order gets out right away. 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 15, 2006 Motion Ms. Cook, amended her motion to 10 days, to ensure the Respondents received the Order and changed the amount to $250 per day. Ms. Carroll agreed to amend her second. A vote was taken and unanimously carried. Case # 06-314 Property Address: Violations: Viola Federhenn 706 NE 7th Ave. CHI5-Art.IX-15-120 (D).INC. Mow grass, weeds and trim yard. Code Officer Melillo presented the case and recommended 10 days be given for compliance. He advised the house is vacant but secure. Motion Based on the testimony and evidence presented in Case #06-314, Mr. Yerzy moved that this Board find that Viola Federhenn is in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violations on or before March 25, 2006. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of$50 per day for each day the violations continue past March 25, 2006 plus Administrative Costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Cook seconded the motion which carried 5-1 with Ms. Simshauser dissenting Case # 06-305 Property Address: Violations: Boynton Townhomes, LLC 3480 N. Old Dixie Hwy CHI5-Art.IX-15-120 (D).INC. PT3-LDR.CH20- VIII.SEC1.G Mow and trim front and rear property. Remove all unregistered and inoperable vehicles. Secure the property to prevent unauthorized entry. Code Officer Pierre presented the case and recommended 10 days be given for compliance and a fine of $250 per day. He clarified there were many complaints from the Police Department and homeless individuals were using the property. He explained there should be an order to board up the property. Motion Based on the testimony and evidence presented in Case #06-305, Mr. Foot moved that this Board find that Boynton Townhomes, LLC are in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondents correct the violations on or before March 25, 2006. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $250 per day for each day the violations continue past March 25, 2006 plus Administrative Costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Cook seconded the motion which unanimously carried. 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 15, 2006 Attorney Tolces recommended the Board also approve an Order declaring the property a public health and safety nuisance and request the City take all steps necessary to board up or secure the property. Motion Mr. Foot made a motion, seconded by Ms. Carroll that the Code Enforcement Compliance Board declares the property a Public Health and Safety Nuisance and requested the City of Boynton Beach take all steps necessary to board up or secure the property. A vote was taken and unanimously carried. Case # 05-2699 Property Address: Violations: Matthew S. Wagman 301 NWI0th Ave 13-16 B.B.C. or Ordinance An occupational license is required to rent property. Code Officer Roy presented the case and recommended 30 days for compliance. Motion Based on the testimony and evidence presented in Case #05-2699, Ms. Cook moved that this Board find that Matthew S. Wagman is in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violation on or before April 14, 2006. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of$25 per day for each day the violation continues past April 14, 2006 plus Administrative Costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion which unanimously carried. Case # 06-30 Property Address: Violations: A. & Willie Mae Hankerson 320 NW 2nd St. CHI5-ART.IX-15-120(D).INC. PT3-LDR.CH20- VIII.SEC2.A FBC '01 ED 3401.6 Repair all drywall, ceilings and walls. Plumbing system to be in working order. Remove all debris from Carport. Remove all inoperable vehicles from property. Finish repairs to roof with permit. Code Officer Roy presented the case and recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #06-30, Ms. Carroll moved that this Board find that A. & Willie Mae Hankerson are in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondents correct the violation on or before March 25, 2006 April 11, 2006. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 15, 2006 by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25 per day for each day the violation continues past March 25.2006 ,^.pril 14,2006 plus Administrative Costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Cook seconded the motion which unanimously carried. Case # 06-40 Property Address: Violations: Ina Thomas 233 NW 6th Ave. CHI5-ART.IX-15-120(D).INC. Remove all inoperable vehicles from property. Finish repairs to roof with permit. Code Officer Roy presented the case and recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #06-40, Ms. Cook moved that this Board find that Ina Thomas is in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violation on or before April 14, 2006. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day for each day the violation continues past April 14, 2006 plus Administrative Costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion which unanimously carried. Case # 06-65 Location: Violations: Jonathan & Martha White 3095 N. Seacrest Blvd. CH15-ART.IX-15-120(D).INC. BBA FBC '05 105.1.1. Obtain permits for fire damage repair work, including electrical systems. Replace broken windows and removal loose trash. Trim bushes and mow tall grass. Code Officer Webb presented the case and recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #06-65, Ms. Cook moved that this Board find that Jonathan & Martha White are in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violation on or before April 14, 2006. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past April 14, 2006 plus Administrative Costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 15, 2006 Sod all bare areas in yard and swale. Remove all loose trash and debris and remove all unlicensed and inoperable vehicles. Code Officer Roy presented the case and recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #06-72, Mr. Yerzy moved that this Board find that Victor Salinas is in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondent correct the violation on or before April 14, 2006. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day for each day the violation continues past April 14, 2006 plus Administrative Costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion which unanimously carried. Case # 06-224 Property Address: Violations: Cedrick L & Katherine Edwards 2315 NE 4th Ct. Chapter 20 SEC. 8 E-16 Place 4 Inch house number on building visible from City right of way. Code Officer Webb presented the case and recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #06-224, Ms. Cook moved that this Board find that Cedrick L & Katherine Edwards are in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondents correct the violation on or before March 25, 2006. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violations by Respondent, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25 per day for each day the violation continues past March 25, 2006 plus Administrative Costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion which unanimously carried. Case # 06-338 Property Address: Violations: Wilfred & Ritta McKenzie 90 NW 27th Ct. CHI5-ART.IX-15-120(D).INC. PT3-LDR.CG20- VIII.SEC1.G. Property must be kept mowed and free of all trash and debris. Secure house to prevent entry by the public Code Officer Webb presented Case #06-338 and recommended 30 days be given for compliance. 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 15,2006 Motion Based on the testimony and evidence presented in Case #06-338, Ms. Carroll moved that this Board find that Wilfred and Ritta McKenzie are in violation of City of Boynton Beach Code Sections as cited, and move to order that the Respondents correct the violation on or before April 14, 2006. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violations by Respondent, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25 per day for each day the violation continues past April 14, 2006 plus Administrative Costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion which unanimously carried. VI. Old Business Code Officer Laverdure recommended the following Lien Certifications receive a $50 fine: Page, 56 - Case # 06-23 Page 57 - Case #06-46 Case #06-23 Jerry & Melody A. Brandom 112 NW 10th Avenue Motion Based on the testimony and evidence presented in Case #06-23, Ms. Carroll moved that this Board find that the Respondents have not complied with this Board's Order dated February 15, 2006, and having considered the gravity of the violations, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $50 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. Ms. Simshauser seconded the motion that unanimously passed. Case #06-46 Rivers Lue Gennie 515 NW 11th Avenue Motion Based on the testimony and evidence presented in Case #06-46, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated February 15, 2006, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $50 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. Ms. Simshauser seconded the motion that unanimously passed. Code Officer Laverdure recommended a fine in the amount of $250 per day for the following cases: Page 55 - Case# 05-2852 Case #05-2852 Rafael A. Matos 220 NW 1st Avenue Motion Based on the testimony and evidence presented in Case #05-2852, Ms. Carroll moved that this Board find that the Respondents have not complied with this Board's Order dated February 15, 2006, and having considered the gravity of the violations, the actions taken by the Respondents, that this Board impose an certifY a fine in the amount of $250 per day plus administrative costs which shall continue to accrue until 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 15,2006 the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Simshauser seconded the motion that unanimously passed. Code Officer Laverdure recommended certifying "No Fine" for the following: Page 46 - Case #05-2596 Page 51 - Case #05-2728 Page 53 - Case # 05-2535 Page 58 - Case #05-2714 Case #05-2596 3300 S. Congress Ave. LLC 3300 S. Congress Avenue Motion Based on the testimony and evidence presented in Case #05-2596, Ms. Cook moved that this Board find that the Respondent has not complied with this Board's Order dated December 21, 2005, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose an certify a fine in the amount of $0 (zero) per day plus administrative costs which shall continue to accrue until the Respondent come into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case #05-2728 Home Depot USA 1500 SW 8th Street Motion Based on the testimony and evidence presented in Case #05-2728, Ms. Cook moved that this Board find that the Respondent has not complied with this Board's Order dated January 18, 2006, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose an certify a fine in the amount of $0 (zero) per day plus administrative costs which shall continue to accrue until the Respondent come into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case # 05-2535 Baptiste Edouard & Hill 2214 NE 4th Court Motion Based on the testimony and evidence presented in Case #05-2535, Ms. Cook moved that this Board find that the Respondents have not complied with this Board's Order dated January 18, 2006, and having considered the gravity of the violations, the actions taken by the Respondents, that this Board impose an certify a fine in the amount of $0 (zero) per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case #05-2714 Agosto Rafael 3360 E. Atlantic Drive Motion Based on the testimony and evidence presented in Case #05-2714, Ms. Cook moved that this Board find that the Respondent has not complied with this Board's Order dated February 15, 2006, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose an certify a fine in the amount of$O (zero) per day plus administrative costs which shall continue to accrue 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 15,2006 until the Respondent come into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Code Officer Laverdure recommended tabling Case #05-526 for 30 days. Motion Ms. Cook moved to table Case #05-526 for 30 days. Ms. Simshauser seconded the motion that unanimously passed. VIII. Discussion Code Compliance Administrator Blasie announced there would be a Lien Reduction meeting next week. Chair Costantino announced she would not be at the Lien Reduction meeting. Chair Costantino further announced she requested a letter be included in the Board's package making them aware there was an anonymous complaint made, which pertained to her property. This letter is available for public inspection in the Office of the City Clerk and contained pictures taken by the complainant of Chair Costantino's property. Chair Costantino announced she had her own pictures available for any interested Board members. She commented on the record, her brother has permits pulled from the Building Department for damage done to his home from the hurricane and he is working on his property. The Board expressed it was regrettable a complaint had to be made anonymously and suggested the complaint not be taken too seriously; in some instances, other Boards do not acknowledge anonymous complaints. The Board was reminded there was a Board Appreciation Dinner on April 26, 2006. There was no further business. IX. Adjournment A motion was made by Ms. Cook, seconded by Ms. Carroll to adjourn. A vote was taken and the motion carried. Meeting adjourned at 9:27 P.M. Respectfully submitted, t ' . flil,6etrKC0( Catherine Cherry- uberm n . Recording Secretary 032106 23