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Minutes 04-16-07 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON MONDAY, APRIL 16, 2007 AT 7:00 P.M. CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Richard Yerzy, 1st Vice Chair Kathleen Carroll Kathy Cook Robert Foot George Moyer Scott Blasie, Code Compliance Administrator David Tolces, Assistant City Attorney ABSENT: Lisa Simshauser, 2nd Vice Chair I. Call to Order Chair Costantino called the meeting to order at 7:00 p.m. II. Approval of Minutes Motion Due to questions about the make-up of the board, Mr. Foot moved to table the election of officers to the Lien Reduction meeting, if not beyond. First Vice Chair Yerzy seconded the motion that unanimously passed. Motion Ms. Carroll moved to table the approval of the minutes to the next meeting. First Vice Chair Yerzy seconded the motion that unanimously passed. III. Approval of Agenda Code Officer Melillo announced Case #07-271 complied. He requested the following cases be tabled to June 20, 2007: Case #04-2664, Case #04-2665, Case #04-2666, Case #04-2667, Case #04-2668, Case #04-2669, Case #04-2670, Case #04-2671, Case #04-2672, Case #04-2673, Case #04-2674. 1 Meeting Minutes Code Compliance Board Boynton Beach, FL April 16, 2007 Motion Mr. Foot moved the above be tabled until the Code Compliance Board meeting to be held on June 20, 2007. Ms. Carroll seconded the motion that unanimously passed. Officer Melillo reported Case #06-2780, Case #07-536 and Case #07-542 complied. Case #07-176 was closed. Motion Mr. Moyer moved to approve the agenda as amended. First Vice Chair Yerzy seconded the motion that unanimously passed. IV. Swearing in of Witnesses and Introduction Attorney Tolces explained the procedures and administered the oath to all who would be testifying. Officer Melillo called the roll and determined who was present. Chair Costantino requested moving the following cases to the front of the agenda: Case #07-665, Case #07-209 and Case #07-547. Motion Ms. Carroll moved to hear those three cases first. First Vice Chair Yerzy seconded the motion that unanimously passed. V. New Business A. Cases to be heard Case #07-665 (Taken out of order) Property Address: Violation( s): Jennifer Wall 645 Ocean Inlet Drive PT3-LDR.CH2. Sec.4.J.1 Trim hedges to a max height of four feet Officer Cain presented the case and reviewed the staff report. He announced the Respondent was present. Mr. Rob Palladino, 4432 Hickory Drive, Palm Beach Gardens, announced he was authorized to speak on behalf of his wife, Jennifer Wall. He pled no contest and 2 Meeting Minutes Code Compliance Board Boynton Beach, FL April 16, 2007 requested 60 days to bring the property into compliance. The board thought 60 days was a long time to trim hedges. Officer Cain agreed and clarified the case was the result of a complaint. He distributed photos for the board to view. Mr. Palladino explained he had previously tried to correct the violation himself, and it would take considerable time and expense to correct. He works seven days on and seven days off. He requested being allowed an appropriate amount of time to take out the hedges that were about five or six feet high. The board thought 45 days to comply was appropriate Motion Based on the testimony and evidence presented in Case #07-665, Ms. Carroll moved that this board find that Jennifer Wall is in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondent correct the violations on or before May 31, 2007. 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 violation continues past May 31, 2007 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. First Vice Chair Yerzy seconded the motion that unanimously passed. Case #07-547 (Taken out of order) Property Address: Violation(s): Marie Dor 915 SW 3rd St. pt 3-LDR.CH2.SEC.6.B.2 Remove all outside storage in carport area not actively used. Officer Webb presented the case and reviewed the staff report. The Respondent was present. Ms. Dor pled guilty and indicated the problem was already corrected. Officer Webb had photos he distributed to the board showing the violation still existed. Code Officer Pierre translated for the Respondent and explained to Ms. Dor what needed to be done. Attorney Tolces requested Officer Pierre advise the board, for the record, whether Ms. Dor understood the issues. Officer Pierre asked her and he responded she did. Motion Based on the testimony and evidence presented in Case #07-547, Mr. Foot moved that this board find that Ms. Dor is in violation of the City of Boynton Beach Code Sections 3 Meeting Minutes Code Compliance Board Boynton Beach, FL April 16, 2007 cited and moved to order that the Respondent correct the violations on or before May 1, 2007. 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 violation continues past May 1, 2007 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 passed. Case #07-209 (Taken out of order) Mark Musa 2770 NE 4th Court Officer Pierre presented the case as contained in the staff report and explained the Respondent did not comply. There were 23 days of noncompliance. Mark Musa, 102 NE 17th Street in Delray, explained he has multiple properties in the neighborhood. He announced the rain helped with the grass, but the home had been broken into several times. Previously, the meter was stolen, and at other times vandals were using the water and the washing machine in the house. The property was vacant and Mr. Musa reported he was in a no win situation. He cut the grass and thought he complied, but another letter arrived. He advised when the second letter arrived, that was when he learned the violation was still active. Mr. Musa announced the property had greened up since the rain and looks better than the other properties in that neighborhood. He asked if Officer Pierre had photos of the property in its current state and explained it was a neighborhood parking lot and some properties were vacant. He reported he constantly removes trash and the record would confirm any violations are addressed and called in. Officer Pierre had photos and confirmed Mr. Musa did call and had spoken with Ms. Springer and Officer Melillo. Mr. Musa protested the intimation he failed to comply. He explained he made the effort and he does not wait until the last minute to try to address the violation. The property was getting watered. Mr. Foot expressed he was concerned about trimming and thought the situation was difficult. Motion Based on testimony and evidence in Case #07-209, Mr. Foot moved that this Board find that the Respondent has not complied with this board's Order dated February 21, 2007, and having considered the gravity of the violation, the actions taken by the Respondent, that this board impose and certify a fine in the amount of $25 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. Cook seconded the motion that unanimously passed. 4 Meeting Minutes Code Compliance Board Boynton Beach, FL April 16, 2007 Case #07-591 Property Address: Violation(s): David Wilfork 104 NE 16th Avenue CH 15-ART.IX-15-120(D)Inc. CH 15-ART.IX-15-120(E)Inc. Install sod in yard & swale area. Repair fence or remove poles. Paint house and awnings Officer Cain reviewed the case and reported the only outstanding violations were to paint the house and awnings. The Respondent was present. David Wilfork pled no contest and requested 60 days to correct the violation. He inquired if he used colored stucco, which also had a texture to it, whether he would have to paint the house. Officer Cain responded he would not. He would only need to attend to the awnings. Motion Based on the testimony and evidence presented in Case #07-591, Ms. Carroll moved that this Board find that Mr. Wilfork is in violation of City of Boynton Beach Code Sections cited and moved to order that the Respondent correct the violations on or before June 15, 2007. 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 violation continues past June 15, 2007 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. First Vice Chair Yerzy seconded the motion that unanimously passed. Attorney Tolces reviewed the email from Diane Springer, Code Enforcement Administrative Assistant, about the drought and lawn issues, and how Code Enforcement would be handling those matters. Case #07-594 Property Address: Violation(s): Willie and Nell Davis 150 NE 16th CT CH 15-ART.IX-15-120(D)Inc. 14-3.B.B.C. of Ord. Remove all outside storage including oversized truck, repair sidewalk and fence, sod swale. 5 Meeting Minutes Code Compliance Board Boynton Beach, FL April 16, 2007 Officer Cain reviewed the case, which arose from a routine inspection, and presented the details as contained in the staff report. The Respondent was present. Willie Davis pled no contest and requested 90 days to correct the violation. He advised he was waiting on a permit and explained he obtained one for the driveway. There was also a motor lift there on the driveway to allow him to make car repairs. Officer Cain explained those types of repairs must be done in a different zoning district. The board discussed the sidewalk and fence would receive 90 days for compliance, and the outside storage would receive 10 days. Motion Based on the testimony and evidence presented in Case #07-594, Mr. Foot moved that this board find that Willie and Nell Davis are in violation of the City of Boynton Beach Code 5ections cited and moved to order that the Respondents correct the violations on or before April 26, 2007 for outside storage and by July 15, 2007 for the fence and sidewalk. The board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the 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 each of the violations continue past the respective dates 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. Moyer seconded the motion that unanimously passed. Case #07-664 Property Address: Violation( s): Sally Dalton, TR. 650 Las Palmas Pkwy. CH 1 O-ARTII-1 0- 23/BBCO Remove weeds and overgrowth Code Officer Cain presented the case, which arose from a citizen complaint. He reviewed the violations and indicated 14 days was given to comply. He advised the Respondent was present. Sally Dalton pled no contest, and requested at least 30 days to comply. 5he explained she tried to hire someone to do the work, but apparently, some individuals do not know how to pull weeds. Motion Based on the testimony and evidence presented in Case #07-664 First Vice Chair Yerzy moved that this board find that Sally Dalton is in violation of the City of Boynton Beach 6 Meeting Minutes Code Compliance Board Boynton Beach, FL April 16, 2007 Code Sections as cited and moved to order that the Respondent correct the violations on or before May 16, 2007. The Board has considered the gravity of the violation, 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 violation continues past May 16, 2007 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. Moyer seconded the motion that unanimously passed. Case #07-610 Property Address: Violation( s): Kevin and Gail Ahern 7349 Chesapeake Circle Code 424.2.17.1.1 through 10 Install a pool barrier Officer Herring presented the case and reviewed the details of the violations. The issue arose as the result of a citizen complaint. Notice was posted on the property after other attempts to obtain service of process failed. Officer Herring also indicated the matter was a health and safety issue. Kevin Ahern pled no contest, and explained he did not receive the certified mailing, rather information went to Massachusetts and he was notified of the proceedings via the posted notice. He explained he tried to obtain estimates for a fence but no one showed. He also lost a $2,300 deposit. He conveyed there were delays with the building department regarding the permit and the plot plan was submitted. The permit remains to be issued and HOA approval given because it was a gated community. Mr. Ahern was unsure how long it would take to get the approvals. At the request of Attorney Tolces, Mr. Ahern reported his correct mailing address as 7349 Chesapeake Circle. Mr. Ahern explained the fence was dilapidated, and he continued to put it back up. He confirmed this Occurred after the hurricane. Motion Based on the testimony and evidence presented in Case #07-610, Mr. Moyer moved that this board find that Kevin and Gail Ahern are in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondents correct the violations on or before May 31, 2007. The board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the 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 violation continues past May 31, 2007 plus administrative costs shall be imposed. The Respondents are further ordered 7 Meeting Minutes Code Compliance Board Boynton Beach, FL April 16, 2007 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 thought the fine amount should be significantly higher. Vote Ms. Cook seconded the motion as stated. Mr. Moyer amended his motion to $200 per day. Ms. Cook amended her second and the motion unanimously passed. Case #07-424 Property Address: Violation( s): Elifaite DieuJuste 121 NE 4th Avenue BBA FBC '05 105.1.1. PT3LDR -CH20- VIII .SEe. 2. G Repair damaged cabinets and walls. Repair all plumbing and fixtures. Repair panel box, outlets and covers. Permit required for porch roof Officer Melillo presented the case and reviewed the details of the violations. He advised the respondent was present. Elifaite DieuJuste pled no contest and requested 90 days to correct the violation. Officer Melillo agreed 90 days to correct the violation would be appropriate. Motion Based on the testimony and evidence presented in Case #07-424, Ms. Carroll moved that this board find that Elifaite DieuJuste is in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondent correct the violations on or before July 15, 2007. 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 violation continues past July 15, 2007 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. First Vice Chair Yerzy seconded the motion that unanimously passed. Case #07-354 Property Address: Violation(s): Willie & Wilhemenia Ward 428 NW 3rd Avenue CH15-ART.15-120(D)1. Inc. CH 15-ART.15-120(E)Inc. 8 Meeting Minutes Code Compliance Board Boynton Beach, FL April 16, 2007 Repair roof. Remove inoperable vehicle Officer Lewis presented the case and reviewed the details of the violations. Thirty days was given to bring the violation into compliance. Officer Lewis announced the Respondent was present. Willie Ward pled no contest and requested 30 days. Motion Based on the testimony and evidence presented in Case #07-354, Mr. Moyer moved that this board find that Willie and Wilhemenia Ward are in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondents correct the violations on or before May 16, 2007. The board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the 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 violation continues past May 16, 2007 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. First Vice Chair Yerzy seconded the motion that unanimously passed. Mr. Foot asked whether 30 days would be enough time to correct the violation. Mr. Ward responded it would be and he had already spoken with a roofer. Case #06-2782 Boynton Flex LLC 3479 High Ridge Rd. Disaster America of Florida Peter McCray, Code and Licensing Officer, presented the case and reviewed the details of the violation. Mr. Norman Reed representing Disaster America of Florida was present. Mr. Rubin representing Boynton Flex, LLC was also present. Mr. Reed advised he received his permit and had received an electrical, low voltage and fire inspection. Mechanical and structural needed revisions, which were submitted and returned with comments. Those comments were addressed and resubmitted. There was discussion and it was agreed 30 days would be an appropriate amount of time to correct the violation. Motion Ms. Carroll moved that Case #06-2782 be tabled until the Code Compliance Board meeting on May 16, 2007. First Vice Chair Yerzy seconded the motion that unanimously passed. 9 Meeting Minutes Code Compliance Board Boynton Beach, FL April 16, 2007 Case #06-1839 Chackman Motels Inc. 706 W. Boynton Beach Blvd. Officer Cain presented the case and reviewed the details of the violations, which gave 10 days to comply. He explained the Respondent was present. Scott Collier, General Contractor for Chackman Motels, advised he was authorized by the principals to speak on their behalf, and advised they had a meeting with the City and the final landscape plans would be approved. The trash, debris, and hedges were removed and the property was significantly improved. He explained they pulled some permits and were working diligently to correct the remaining violation. Officer Cain reported the outstanding item was the landscaping, trees and hedges. He also advised the Respondent kept in constant contact with Kevin Hallahan, the City Forester, who would conduct the final inspection. Motion Ms. Carroll moved that Case #06-1839 be tabled until the Code Compliance Board meeting on May 16, 2007. Mr. Foot seconded the motion that unanimously passed. Case #06-295 Manuel Ze Azevedo 708 W. Ocean Dr. Code Officer Cain presented the case and reviewed the details of the violations, which allowed for 30 days for compliance. He reported the Respondent was present. Manuel Ze Azevedo pled no contest. Chair Costantino explained the case was beyond the pleading stage. Mr. Foot requested hearing the City's recommendation and Officer Cain recommended "No Fine". Motion Based on testimony and evidence presented in Case #06-295, Ms. Carroll moved that this board find that the Respondent, Manual Ze Azevedo was in violation of the City of Boynton Beach Code Sections as cited subsequent to the date of compliance specified in the board's Order of February 21, 2007, and in consideration of the gravity of the violations and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent, that this board impose and certify a fine in the amount of zero per day including administrative costs for the total of 23 days of non- compliance. Mr. Moyer seconded the motion that unanimously passed. 10 Meeting Minutes Code Compliance Board Boynton Beach, FL April 16, 2007 Case #06-705 Charles J. Lo Dolce TR 3191 SW 14th PI Code Officer Cain presented the case and reviewed the details of the violations. He reported the Respondent was present. Raymond Greaves, representing the Trust, explained the first permit he obtained was voided. He summarized his activities to address the violation and explained he had to evict some of the tenants. He submitted new architectural and engineering plans to the City and was awaiting issuance of the permit. He anticipated the application would need more than 30 days to be reviewed. Motion Ms. Carroll moved that Case #06-705 be tabled until the Code Compliance Board meeting on June 20, 2007. Mr. Foot seconded the motion that unanimously passed. Case #06-3059 ATM Trading Inc. 524 NE 22nd Ave Code Officer Cain presented the case and reviewed the details of the violations. He recommended no fine and reported the Respondent was present. Mohammad Kah was present and explained he was President of the company. Officer Cain recommended "No Fine" for this case. Motion Based on testimony and evidence presented in Case #06-3059, Mr. Foot moved that this board find that the Respondent, ATM Trading Inc. was in violation of the City of Boynton Beach Code Sections as cited subsequent to the date of compliance specified in the board's Order of February 21, 2007, and in consideration of the gravity of the violations and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent that this board impose and certify an amount of zero per day including administrative costs for the total of six days of non-compliance. First Vice Chair Yerzy seconded the motion that unanimously passed. Case #07-87 Victor L. Cook 654 W. Ocean Ave Officer Lewis presented the case and reviewed the details of the violations. The Respondent, Mr. Cook, was present and confirmed, for the record, that he and board member, Kathy Cook, were not related. Mr. Foot asked about the outstanding violations. 11 Meeting Minutes Code Compliance Board Boynton Beach, FL April 16, 2007 Mr. Cook explained he did not realize he was in non-compliance. He indicated he had a spa in his house since the 80's and he bought a new portable spa and hooked it up to the existing electric. Since he had an ongoing permit to rebuild his home, he did not realize he needed a permit specifically for the spa. He hired an electrical contractor to pull a permit, and received it on the 9th. He thought he was in compliance, since the permit he had allowed 180 days for an inspection. When he realized he was in non- compliance, he called Officer Lewis and ripped out the spa altogether. Officer Lewis advised anything else would be a new issue and Mr. Cook was going to be red tagged by the Building Department the next day. The board noted the violation would then be addressed in another forum. The board discussed the time frame for compliance. Ms. Cook thought, depending on how the Ordinance was interpreted, the days of non-compliance might only be six days. Mr. Foot suggested recovering the inspections costs only, and the matter would be readdressed by the Building Department. Motion Based on testimony and evidence presented in Case #07-87, Mr. Foot moved that this board find that the Respondent, Victor L. Cook was in violation of the City of Boynton Beach Code Sections as cited subsequent to the date of compliance specified in the board's Order of February 21, 2007, and in consideration of the gravity of the violations and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent that this board impose and certify an amount of zero per day including and administrative costs for the total of zero days and $384.12. Ms. Carroll seconded the motion that unanimously passed. Case #06-3148 Jacob Srock 305 NE 23rd Ave Code Officer Cain presented the case and reviewed the details of the violations as contained in the staff report. He recommended "No Fine" and reported the Respondent was present. Steve Cowling, contractor representing Mr. Srock, indicated he was authorized to speak on Mr. Srock's behalf. He reported he had the survey and was waiting for the easement consent from the utilities. Additionally, two permits were submitted to the City, one for the carport enclosure and the other for the fence. Eric McCabe, also a contractor, was present and advised the back fence was reinstalled. He secured the fence in the front because the homeowner had break-ins. There was supposed to be a school bus stop there. The Respondent spent over $10K on the property and worked hard to improve the property. Officer Pierre explained 12 Meeting Minutes Code Compliance Board Boynton Beach, FL April 16, 2007 there was a lien on the property for the carport. Both contractors indicated they were unaware of the $100 fine per day that was accruing. The board was only interested in the fence permit. Ms. Cook noted it did not take that long for utility easements to be issued. The board discussed how long to allow and decided to table the case for 30 days. It was explained if Mr. Srock would obtain a permit, they would allow 30 days, but they must appear at the next meeting for a status update. Motion Ms. Carroll moved that Case #06-3148 be tabled until the Code Compliance Board meeting to be held on May 16, 2007. Mr. Foot seconded the motion that unanimously passed. Mr. Moyer left the dais at 8:45 pm. Case #06-975 Nationwide Assets Inc. Lots bordered by SW 1st Ave SW 2nd Ave & 3rd St Officer Webb presented the case and reviewed the details of the violations. There was a Cease and Desist Order on the property, which imposed $100 per occurrence of the violation. Mr. Moyer returned to the dais at 8:48 pm. David Edery, 2234 N. Federal Highway, Boca Raton, explained he was out of town often and relied on other individuals to maintain the property, which he thought was in compliance. Officer Webb distributed photographs to the board, which showed it was not. Additionally, the respondent explained the debris was not his, it was debris dumped on his lots. It was noted the property had been greatly improved, but was still not up to Code. The property was going to be developed and seven other homes would be constructed. The Respondent said the cited materials were not his and the property was a construction site. The board discussed whether it had to release the current Cease and Desist Order. Attorney Tolces responded they did not; the Order could remain. The board could certify another fine and if it happened again, another fine could be certified. He explained they could have multiple liens on the property. Last month, the board certified a fine for 21 days and the board could now certify another 25 days. 13 Meeting Minutes Code Compliance Board Boynton Beach, FL April 16, 2007 Officer Lewis explained he happened to pass by the site and saw a pile of block on another street with a construction vehicle picking up blocks. Mr. Edery explained his crew was cleaning up; some of his homes were completed and they did not need the blocks. Mr. Edery commented he would consider installing a fence. There was board discussion the Order was imposed in June of 2006 and several months passed by without violations. Attorney Tolces explained the debris was not the issue, only that the violation reoccurred and presently exists. He stressed Mr. Edery needed to do something to address the matter, which would relieve Officer Webb from having to report back to the board that there was a violation of the Cease and Desist Order. Each day the violation continued was a new occurrence. The board had to decide whether to certify a fine for the 25 occurrences Officer Webb testified to. The board emphasized the Respondent should advise his partners there was a lien on the property and they further thought putting up a fence would alleviate the violation. Mr. Foot noted the previous Order imposed by the board did not include administrative costs, but in March the board included administrative costs. He requested clarification. Attorney Tolces advised the standard Order included administrative costs and a Cease and Desist Order could also include administrative costs. Motion Based on the testimony and evidence presented in Case #06-975, Mr. Foot moved that this board find that the Nationwide Assets Inc. is in violation of the City of Boynton Beach Code Sections as cited, subsequent to the date of compliance specified in the board's Order of May 17, 2006 and having considered the gravity of the violations, the actions taken by the Respondents to remedy the violations, and any an all previous violations by Respondents that this board impose and certify a fine in the amount of $100 per occurrence for a total of 25 occurrences. Mr. Moyer seconded the motion that unanimously passed. Chair Costantino explained the board certified the lien and if a repeat violation occurred, the board could certify another lien. Ms. Cook left the dais at 9:11 pm. Case #07-482 Property Address: Violation( s): Immaculee Fonrose 120 NW 5th Ave. CH15-ART.IX-15-129(D)1.Inc. CH 15-ART.IX-15-120(E)Inc. 14 Meeting Minutes Code Compliance Board Boynton Beach, FL April 16, 2007 Repair fence, remove trash/debris, mow overgrowth Officer Lewis presented the case on behalf of Officer Roy and reviewed the details of the violation. This case was continued to accommodate a Respondent waiting to be heard who had a small child. There were no objections to the request. Case #06-2020 Property Address: Violation( s) Briseus Luce 2621 NE 4th Street CH15-ART-15-120(D)1.A CH 15-ART -15-120(E)Inc. Remove Unregistered Vehicles Replace Rotten Wood on carport roof. Officer Webb presented the case and reviewed the details of the violation. Bethany Francoise represented the Respondent, and pled no contest. She explained she was in the process of repairing the roof. This case involved an insurance mediation claim that was being negotiated. The process was lengthy and in the interim, the Respondent was trying to refinance the house to obtain the funds to repair the dwelling. She thought 90 days would be needed to complete the repairs. She informed the board she had not been by the property recently, but did know initially there were vehicles that were removed. She was not certain there were any other vehicles remaining to be removed. The only outstanding violation was the carport roof. Motion Based on the testimony and evidence presented in Case #06-2020, Mr. Moyer moved that this board find that Briseus Luce is in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondent correct the violations on or before July 15, 2007. The board has considered the gravity of the violation, 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 violation continues past July 15, 2007 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. First Vice Chair Yerzy seconded the motion that passed, 5-0. (Ms. Cook not present for the vote) 15 Meeting Minutes Code Compliance Board Boynton Beach, FL April 16, 2007 Case #07-482 (continued) Immaculee Fonrose Officer Lewis explained the Respondent was present. Elizabeth Demas, who was Ms. Fonrose's Aunt, was authorized to speak on her behalf. Ms. Demas pled no contest and requested 60 days to correct the violation. She explained the house was being sold and the home inspectors were to contact Ms. Springer. It was her understanding the case was to be closed and the new owners cited. Officer Lewis had no other information other than what was presented and the photographs he showed the board. (Ms. Cook returned to the dais at 9:19 pm) Mr. Foot asked if the Respondents sold the home in the meantime, whether the matter would be vacated. Ms. Demas called and spoke to the City and with John Lewis of Homevestors, who was supposed to send a letter. Attorney Tolces explained the City looks to the property owner to initiate compliance. The board discussed the violations should be corrected before the sale and that this issue arises frequently. Motion Based on the testimony and evidence presented in Case #07-482, Mr. Moyer moved that this board find that Immaculee Fonrose is in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondent correct the violations on or before May 16, 2007. 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 violation continues past May 16, 2007 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. First Vice Chair Yerzy seconded the motion that unanimously passed. Case #07-586 Jean Dubique 3140 E. Atlantic Dr. Officer Webb presented the case and reviewed the particulars. Mr. Dubique was present and pled no contest. He requested 90 days to correct the violations. He emphasized this was the third time he was in front of the board for the same property and he was putting his best efforts forward to comply. Mr. Dubique bought the property from the Housing and Urban Development (HUD) agency and the 16 Meeting Minutes Code Compliance Board Boynton Beach, FL April 16, 2007 subject structure was from the previous owner. He felt the matter was a title defect and wanted to sue the title company. Attorney Tolces explained that he should take the matter up with the title company, but the only matter the board was concerned with, was compliance. Ms. Cook asked if the windows, the room addition and the driveway extension, were added after Mr. Dubique purchased the property. Officer Webb did not know and explained he was issued a red tag on August 17, 2006. Mr. Dubique explained he purchased the property with the enclosure, and applied for a permit in 2004 for a room addition, but the case languished. He clarified the addition was a screen enclosure and that he felt he should not be before the board. Motion Based on the testimony and evidence presented in Case #07-586, Mr. Moyer moved that this board find that Jean Dubique is in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondent correct the violations on or before July 15, 2007. 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 violation continues past July 15, 2007 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. Vote The board discussed the fine amount should be higher. Mr. Moyer amended his motion to impose a $100 per day fine. Ms. Carroll amended her second. There was further discussion and Mr. Moyer, again, amended the fine amount to $200 per day. Ms. Carroll amended her second and the motion unanimously passed. Case #07-510 Property Address: Violation(s): E.A. Holdings Inc. 3533 High Ridge Rd. BBA FBC 104 105.1.1 CHP 13, Art. 1 Sec 13-16 Racks installed without a building permit. Operating business without a Business Tax Receipt Officer McCray presented the case and reviewed the particulars as noted above. He recommended giving 30 days to comply, by May 16, 2007. 17 Meeting Minutes Code Compliance Board Boynton Beach, FL April 16, 2007 Motion Based on the testimony and evidence presented in Case #07-510 Ms. Carroll moved that this board find that E.A. Holdings is in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondent correct the violations on or before May 16, 2007. 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 $250 per day for each day the violation continues past May 16, 2007 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 that unanimously passed. Case #07-441 Property Address: Violation( s): Greg and Celise Kleinrichert 695 NE 15th Place. PT3 LDR. CH4. SEC 4.B. Structure must meet zoning requirements Officer Cain announced the Respondent was represented by counsel and, due to medical reasons, the attorney was requesting the case be tabled for 30 days. Motion Ms. Carroll moved that Case #07-441 be tabled until the Code Compliance Board meeting to be held on May 16, 2007. Ms. Cook seconded the motion that unanimously passed. Case #07-455 Property Address: Violation( s): Andrew Luchey 2401 SW 1st St. CH15-ARTIX-15-120(D)l.1nc Weed and install sod in dead spots Officer Luney presented the case and recommended 30 days be given to comply. He clarified the Respondent was cited prior to the water restrictions being imposed by the South Florida Water Management District (SFWMD). Mr. Foot noted Mr. Luchey was a repeat violator. Attorney Tolces explained Mr. Luchey was not before the board for this violation and, in this instance, he was not a repeat violator. The Respondent was not present. 18 Meeting Minutes Code Compliance Board Boynton Beach, FL April 16, 2007 Motion Based on the testimony and evidence presented in Case #07-455 Ms. Carroll moved that this board find that Andrew Luchey is in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondent correct the violations on or before May 16, 2007. 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 $100 per day for each day the violation continues past May 16, 2007 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. Moyer seconded the motion that unanimously passed. Case #07-505 Property Address: Violation( s): Millicent Forbes 715 Mission Hill Road 424.2.17.1. 1 through 10 PT3-LDR.CH2. SEe.5.e.1. 13-15 B.B.e. Ord Obtain a Business Tax Receipt to rent the home. One unrelated person allowed at residence. Install pool barrier to secure pool. Officer Luney presented the case and recommended 15 days be given for compliance, until May 1, 2007. He reported the fence was fixed. Motion Based on the testimony and evidence presented in Case #07-505 Ms. Cook moved that this board find that Millicent Forbes is in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondent correct the violations on or before May 1, 2007. 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 $100 per day for each day the violation continues past May 1, 2007 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 passed. Case #07-530 Property Address: Lawrence Development Group, LLC 7216 Lawrence Rd. 19 Meeting Minutes Code Compliance Board Boynton Beach, FL April 16, 2007 Violation(s): CH lS-ART.lX-1S-120(D)Inc. 10-2 B.B.C. of Ord. Repair/Replace fence for the perimeter of the property. Mow, weed and trim 50 feet around perimeter of property. Officer Herring presented the case and recommended 10 days be given to comply, until April 26, 2007. Motion Based on the testimony and evidence presented in Case #07-530, Ms. Carroll moved that this board find that Lawrence Development Group, LLC is in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondent correct the violations on or before April 26, 2007. 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 $200 per day for each day the violation continues past April 26, 2007 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 that unanimously passed. Case #07-638 Property Address: Violations: Codrington McKay 188 Temple Ave. 10-2 B.B.C. of Ord. CH lS-ART.lX-1S-120(E)Inc. 424.2.17.1.8 FBC 2000 Replace/repair fence, mow, weed and trim property. Install pool barrier around pool, repair/replace garage window and clean dank pool water Officer Herring presented the case and recommended 10 days be given to comply, until April 26, 2007. Motion Based on the testimony and evidence presented in Case #07-638 Ms. Carroll moved that this board find that Codrington McKay is in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondent correct the violations on or before April 26, 2007. The board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and 20 Meeting Minutes Code Compliance Board Boynton Beach, FL April 16, 2007 hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $200 per day for each day the violation continues past April 26, 2007 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 that unanimously passed. Case #07-390 Property Address: Violation( s): Lynne K. Myers 1002 NW 10th Court 424.2.17.1.1 thru 10 BBA FBC I 4 105.1.1 Obtain permit for a pool barrier. Pool must be secured from entry. Officer Lewis presented the case and reviewed the details. The recommended time to comply was 30 days, to May 16, 2007. Officer Lewis explained she had a permit. The Respondent was waiting for the front gates to be delivered. She had netting up and the fence was down since Wilma. All gaps around the pool had been closed. Motion Based on the testimony and evidence presented in Case #07-390, Ms. Carroll moved that this board find that Lynne K. Myers is in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondent correct the violations on or before May 16, 2007. 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 $100 per day for each day the violation continues past May 16, 2007 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. First Vice Chair Yerzy seconded the motion that unanimously passed. Case #07-434 Property Address: Violation( s): 1865 Woolbright Road, LLC 1865 W. Woolbright Rd. Obtain a permit for work done regarding the red tag. Contact Field Inspector to comply. Officer Lewis presented the case. The recommended time to comply was 30 days, to May 16, 2007. 21 Meeting Minutes Code Compliance Board Boynton Beach, FL April 16, 2007 Motion Based on the testimony and evidence presented in Case #07-434, Ms. Carroll moved that this board find that 1865 Woolbright Rd. LLC is in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondent correct the violations on or before May 16, 2007. 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 $100 per day for each day the violation continues past May 16, 2007 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 that unanimously passed. Case #07-423 Property Address: Violation(s): Maria Prows 619 NE 7th Ave. CH lS-ART.lX-1S-120(D)l.1nc. PT3-LDR.CH20-VII.SEC1.G Secure property openings, remove trash and debris Officer Melillo presented the case. The recommended time to comply was 10 days, to April 26, 2007. Officer Melillo added the property was a big problem. Motion Based on the testimony and evidence presented in Case #07-423, Mr. Moyer moved that this board find that Maria Prows is in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondent correct the violations on or before April 26, 2007. 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 $250 per day for each day the violation continues past April 26, 2007 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 that unanimously passed. Case #07-636 Property Address: Violation(s): Daniel D. Dodge 659 Manor Drive CH lS-ART.IX-1S-120(D)l.1nc. Remove trash and debris including cars, truck, RjV and rugs. Remove 22 Meeting Minutes Code Compliance Board Boynton Beach, FL April 16, 2007 unpermitted canopies, trim bushes and trees, sod and weed yard Officer Melillo presented the case. The recommended time to comply was 10 days, to April 26, 2007. Motion Based on the testimony and evidence presented in Case #07-636, Ms. Carroll moved that this board find that Daniel Dodge is in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondent correct the violations on or before April 26, 2007. 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 $100 per day for each day the violation continues past April 26, 2007 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. Vote Ms. Carroll amended her motion to $250 per day. Ms. Cook amended her second and the motion unanimously passed. Case #07-648 Property Address: Violations: Christopher Cousineau 2407 NE 4th Street CH lS-ART.IX -lS-120(D) 1.Inc. Move boat onto hard surface, remove debris from yard, sod bare areas, remove inoperable/unregistered vehicles Officer Pierre presented the case. The recommended time to comply was 30 days, to May 16, 2007. There was discussion about a hot tub on the premises for six months and whether it was considered trash and debris. Officer Pierre confirmed a hot tub and fencing was considered debris and it was outside and considered as trash. Ms. Carroll thought only 10 days should be given to comply. Motion Based on the testimony and evidence presented in Case #07-648, Ms. Carroll moved that this board find that Christopher Cousineau is in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondent correct the violations on or before April 26, 2007. The board has considered the gravity of the 23 Meeting Minutes Code Compliance Board Boynton Beach, FL April 16, 2007 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 $100 per day for each day the violation continues past April 26, 2007 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. Vote There was discussion the individual was a repeat violator. Ms. Carroll amended her motion to reflect a fine of $250. Ms. Cook amended her seconded. Motion passed unanimously. It was clarified 10 days was given to correct all the violations. Case #07-363 Property Address: Violations: Michael Luchey 421 NW 3rd Street CH15-ART.lX-1S-120(D)1.Inc. Remove trans/debris and inoperable/ unregistered vehicle from property. Sod bare spots in yard. Officer Lewis presented the case for Officer Roy and reviewed the details. The recommended time to comply was 10 days, to April 26, 2007. Motion Based on the testimony and evidence presented in Case #07-363, First Vice Chair Yerzy moved that this board find that Michael Luchey is in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondent correct the violations on or before April 26, 2007. 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 $100 per day for each day the violation continues past April 26, 2007 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 passed. Case #07-529 Property Address: Violations: Jane P. &. David Kislak, Tr. 539 NW 8th Ave CH1S-ART.IX-1S-120(D)l.1nc. 24 Meeting Minutes Code Compliance Board Boynton Beach, FL April 16, 2007 Remove trash/debris and inoperable/ unregistered vehicle from property Officer Lewis presented the case for Officer Roy and reviewed the details. The recommended time to comply was 10 days, to April 26, 2007. Motion Based on the testimony and evidence presented in Case #07-529, Ms. Cook moved that this board find that Jane P. & David Kislak, Tr., are in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondents correct the violations on or before April 26, 2007. The board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the 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 violation continues past April 26, 2007 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 that unanimously passed. Case #07-704 Property Address: Violations: Nora A. & N. Jones 536 NW 13th Avenue CH1S-ART.IX-1S-120(D)1.Inc. Remove trash/debris and inoperable/ unregistered vehicle from property Officer Lewis presented the case for Officer Roy and reviewed the details. The recommended time to comply was 10 days, to April 26, 2007. Motion Based on the testimony and evidence presented in Case #07-704, Ms. Cook moved that this board find that Nora A. & N. Jones are in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondents correct the violations on or before April 26, 2007. The board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the 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 violation continues past April 26, 2007 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. First Vice Chair Yerzy seconded the motion that unanimously passed. 25 Meeting Minutes Code Compliance Board Boynton Beach, FL April 16, 2007 Case #06-2982 Property Address: Violations: Kennemer A. Hopkins, Jr. 2202 SE 3rd St. CH 15-ART.lX-1S-120(D)1.Inc. LDR CH 20 ART 1 SEC 8 F13 PT3-LDR.CH23-ART 11.0. Obtain an Occupational License for your rental units. Place 6 inch house numbers on bldg. Sod bare areas. Remove trash, reseal, re-stripe and repair holes in parking lot. Officer Webb presented the case and reviewed the details. The recommended time to comply was 30 days, to May 16, 2007. Motion Based on the testimony and evidence presented in Case #06-2982, Ms. Cook moved that this board find that Kennemer A. Hopkins, Jr. is in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondent correct the violations on or before May 16, 2007. 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 $250 per day for each day the violation continues past May 16, 2007 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 passed. Case #06-2983 Property Address: Violations: Craig Earnhard D. 2210 SE 3rd St. CH lS-ART.lX-1S-120(D)l.1nc. LDR CH 20 ART 1 SEC 8 F13 PT3-LDR.CH23-ART 11.0. CHP.13.ARET.1SEC 13-16 Obtain Occupational License, Install six-inch house numbers on bldg reseal and re-stripe parking lot. Officer Webb presented the case and reviewed the details. The recommended time to comply was 30 days, to May 16, 2007. 26 Meeting Minutes Code Compliance Board Boynton Beach, FL April 16, 2007 Motion Based on the testimony and evidence presented in Case #06-2983, First Vice Chair Yerzy moved that this board find that Craig D. Earnhard is in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondent correct the violations on or before May 16, 2007. 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 $250 per day for each day the violation continues past May 16, 2007 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 passed. On another matter Mr. Foot asked for a status of the boat repair yard on Federal Highway. Attorney Tolces explained the property was foreclosed, and a sale was held. The person holding the mortgage acquired title to the property and was in the process of cleaning up the property. There was also an action to evict the prior owner of the property from the property. Case #06-2999 Property Address: Violations: Tomasz Bolko 209 SW 2nd Ave. CH lS-ART.IX-1S-120(D)1.Inc. 13-16 B.B.e. of Ord. PT3-LDR.CH2.SEc.S. F.1. Remove trash, PVC pipes and other items. Sod bare areas of yard, Repair holes in driveway and apron. Seal coat. Occupational license required for rental units. Officer Webb presented the case and reviewed the details. The recommended time to comply was 15 days, to May 1, 2007. Motion Based on the testimony and evidence presented in Case #06-2999, Ms. Carroll moved that this board find that Tomasz Bolko is in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondent correct the violations on or before May 1, 2007. 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 $250 per day for each day the violation continues past May 1, 2007 plus administrative 27 Meeting Minutes Code Compliance Board Boynton Beach, FL April 16, 2007 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 that unanimously passed. Case #07-444 Property Address: Violations: Raul Estrada 440 SW 4th Ave. CH1S-ART.lX-1S-120(D)lA PT3-LDR.CH2.SEe.6.B.1. CHP.13.ART.I.SEC 13-16 Remove storage & debris. Remove unlicensed vehicles. Sod bare areas of yard. Officer Webb presented the case and reviewed the details. The recommended time to comply was 10 days, to April 26, 2007. Motion Based on the testimony and evidence presented in Case #07-444, Ms. Cook moved that this board find that Raul Estrada is in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondent correct the violations on or before April 26, 2007. 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 $250 per day for each day the violation continues past April 26, 2007 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 passed. Case #07-448 Property Address: Violations: Richard Parsons 458 SW 3rd Ave. CH1S-ART.IX-1S-120(D)lA PT3-LDR.CH2.SEe.6.B.1. CHP.13.ART.aSEC 13-16 Remove storage & debris. Remove unlicensed vehicles. Sod bare areas of yard. Officer Webb presented the case and reviewed the details. The recommended time to comply was 10 days, to April 26, 2007. 28 Meeting Minutes Code Compliance Board Boynton Beach, FL April 16, 2007 Motion Based on the testimony and evidence presented in Case #07-448, Ms. Carroll moved that this board find that Richard Parsons is in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondent correct the violations on or before April 26, 2007. 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 $250 per day for each day the violation continues past April 26, 2007 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 that unanimously passed. Case #07-570 Property Address: Violations: Andre St. Juste 809 SE 4th St.. CH lS-ART.lX-1S-120(A) Remove storage & debris. Remove unlicensed vehicles. Sod bare areas of yard. Officer Webb presented the case and reviewed the details. The recommended time to comply was 30 days, to May 16, 2007. Chair Costantino asked what the maximum fine would be. Attorney Tolces explained the fine for the first violation could not exceed $SK per day for repeat violations and up to $lSK if the Code Compliance Board finds the violation is repairable and irreversible in nature for each day the violation continues past the date set. Motion Based on the testimony and evidence presented in Case #07-570 Ms. Carroll moved that this board find that Andre St. Juste is in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondent correct the violations on or before May 16, 2007. 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 $5,000 per day for each day the violation continues past May 16, 2007 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 that unanimously passed. 29 Meeting Minutes Code Compliance Board Boynton Beach, FL April 16, 2007 Case #06-2834 James Tuccillo 212 SE 1st Ave. Officer Melillo recommended Case #06-2834 receive a fine in the amount of $25 per day. Motion Based on the testimony and evidence presented in Case #06-2834, Ms. Carroll moved that this board find that the Respondent has not complied with this board's Order dated March 23, 2007, 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 $25 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. Mr. Foot seconded the motion that unanimously passed. Officer Melillo recommended the following cases receive a fine in the amount of $50 per day: Case #06-3167 Moise Leveille 3080 N. Sea crest Blvd. Motion Based on the testimony and evidence presented in Case #06-3167, Ms. Carroll moved that this board find that the Respondent has not complied with this board's Order dated March 23, 2007, 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. Mr. Foot seconded the motion that unanimously passed. Case #07-135 John Floyd Enterprises, Inc. 201 SE 3rd St. Motion Based on the testimony and evidence presented in Case #07-135, Ms. Carroll moved that this board find that the Respondent has not complied with this board's Order dated March 8 2007, 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. Mr. Foot seconded the motion that unanimously passed. 30 Meeting Minutes Code Compliance Board Boynton Beach, FL April 16, 2007 Officer Melillo recommended the following cases receive a fine in the amount of $100 per day: Case #06-2690 Riguard & Yolaine Saintfort 1515 SW 2nd St. Motion Based on the testimony and evidence presented in Case #06-2690. Ms. Carroll moved that this board find that the Respondents have not complied with this board's Order dated February 18, 2007, 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 $100 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. Cook seconded the motion that unanimously passed. Case 07-138 Justin Scarpelli 412 SE 21st Ave. Motion Based on the testimony and evidence presented in Case #07-138. Ms. Carroll moved that this board find that the Respondent has not complied with this board's Order dated February 21, 2007, 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 $100 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. Cook seconded the motion that unanimously passed. Officer Melillo recommended the following cases receive "No Fine": Case #06-3052 Edward & Mary Engram 160 N. Sea crest Blvd. Motion Based on testimony and evidence presented in Case #06-3052, Mr. Foot moved that this board find that the Respondents, Edward and Mary Engram were in violation of the City of Boynton Beach Code Sections as cited subsequent to the date of compliance specified in the board's Order of March 3, 2007, and in consideration of the gravity of the violations and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents that this board impose and certify an amount of zero per day including administrative costs for the total of 43 days of non- compliance. Ms. Carroll seconded the motion that unanimously passed. 31 Meeting Minutes Code Compliance Board Boynton Beach, FL April 16, 2007 Case #07-16 Bel Eqr I LTD Partnership Banyan Lake Apartments 1561 Stonehaven Dr. Motion Based on testimony and evidence presented in Case #07-16, Mr. Foot moved that this board find that the Respondents, Bel Eqr I. L TD Partnership and Banyon Lake Apartments were in violation of the City of Boynton Beach Code Sections as cited subsequent to the date of compliance specified in the board's Order of March 3, 2007, and in consideration of the gravity of the violations and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents that this board impose and certify an amount of zero per day including administrative costs for the total of 37 days of non-compliance. Ms. Carroll seconded the motion that unanimously passed. Case #06-2976 Lloyd Taylor, Tr. 180 Flamingo Dr. Motion Based on testimony and evidence presented in Case #06-2976, Mr. Foot moved that this board find that the Respondent, Lloyd Taylor, Tr. was in violation of the City of Boynton Beach Code Sections as cited subsequent to the date of compliance specified in the board's Order of March 23, 2007, and in consideration of the gravity of the violations and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent that this board impose and certify an amount of zero per day including administrative costs for the total of 23 days of non-compliance. Ms. Carroll seconded the motion that unanimously passed. Case #07-1 Cicero Clemons 1018 NW 4th Street Motion Based on testimony and evidence presented in Case #07-1, Mr. Foot moved that this board find that the Respondent, Cicero Clemons was in violation of the City of Boynton Beach Code Sections as cited subsequent to the date of compliance specified in the board's Order of March 3, 2007, and in consideration of the gravity of the violations and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent that this board impose and certify an amount of zero per day including administrative costs for the total of 15 days of non-compliance. Ms. Carroll seconded the motion that unanimously passed. 32 Meeting Minutes Code Compliance Board Boynton Beach, FL April 16, 2007 Case #06-2373 Johnny Young Jr. and Norma Guthrie 211 NE 26th Ave. Motion Based on testimony and evidence presented in Case #06-2373, Mr. Foot moved that this board find that the Respondents, Johnny Young Jr., and Norma Guthrie were in violation of the City of Boynton Beach Code Sections as cited subsequent to the date of compliance specified in the board's Order of March 23, 2007, and in consideration of the gravity of the violations and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents that this board impose and certify an amount of zero per day including administrative costs for the total of 23 days of non-compliance. Ms. Carroll seconded the motion that unanimously passed. Officer Melillo recommended the following cases be tabled to June 20, 2007: Case #06-177 Steve Jenkens & Anna Lloyd 306 SW 5th Ave. Motion Ms. Carroll moved that Case #06-177 be tabled until the Code Compliance Board meeting to be held on June 20, 2007. First Vice Chair Yerzy seconded the motion that unanimously passed. Case #06-2106 David & Ida M. Hayes 1626 N. Sea crest Blvd. Motion Ms. Carroll moved that Case #06-2106 be tabled until the Code Compliance Board meeting to be held on June 20, 2007. First Vice Chair Yerzy seconded the motion that unanimously passed. VIII. ADJOURNMENT Motion Ms. Cook moved to adjourn. Ms. Carroll seconded the motion that unanimously carried. Meeting adjourned at 9:55 p.m. /l/ Cl ~(iltU t /ujl)'lQ/J? Catherine Ch rry-Guberman Recording Secretary 33