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Minutes 03-21-07 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, MARCH 21, 2007 AT 7:00 P.M. CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Richard Yerzy, 1st Vice Chair Lisa Simshauser, 2nd Vice Chair Kathleen Carroll Kathy Cook Robert Foot George Moyer, Alternate Scott Blasie, Code Compliance Administrator David Tolces, Assistant City Attorney Liz Roehrich, Animal Control Supervisor ABSENT: Jack Lamb I. Call to Order Chair Costantino called the meeting to order at 7:00 p.m. II. Approval of Minutes Motion Mr. Foot moved to approve the January and February meeting minutes. First Vice Chair Yerzy seconded the motion that unanimously passed. III. Approval of Agenda Chair Costantino added under Discussion a letter from Ken Hall. Code Officer Pierre requested Case #05-2032 be tabled to September 19, 2007. Motion First Vice Chair Yerzy moved to table Case #05-2032 to September 19, 2007. Mr. Foot seconded the motion that unanimously carried. Officer Pierre reported the following: Case #07-319, Case #07-361, Case #07-031, Case #07- 174, Case #07-175, and Case #07-403 complied. Case #07-301 was closed. Case #07-160 was removecf, as was Case #07-164, and Case #07-265. 1 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 21, 2007 Motion Ms. Carroll moved to approve the agenda as amended. Second Vice Chair Simshauser 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 Pierre called the roll and determined who was present. V. New Business A. Cases to be heard (Tabled) Case #07-72 Property Address: Violation( s): Marcia L. Weiser et al 3701 Medford Court CH 4 SEC 4-13 (Inc), CH 4 SEC 4-32, CH 4 SEC 4-31 Failure to keep service dog on a leash when off of owner's property. Liz Roehrich, Animal Control Supervisor, presented the case, which arose from numerous citizen complaints. A courtesy notice was issued on January 11, 2007. Written notice was provided on September 9, 2006, which was refused. Days to comply was zero; the gist of the case was a service dog would be leashed at all times. Officer Roehrich explained the Notice of Hearing was sent via Certified Mail on January 11, 2007 and was returned unclaimed. Notice was posted on the property on February 6, 2007. The matter was scheduled for hearing on February 21, 2007 and was tabled to the March 21, 2007 Code Compliance Board Meeting. Legal representation was present. Marcia Weiser, 3701 Medford Court, was present and pled not guilty. Officer Roehrich provided the details of the case and explained Ms. Weiser had spoken with her previously and asked if she was exempt from the regulations because she had a service animal. Officer Roehrich researched the issue and responded she was not. Ms. Weiser did not agree and advised Officer Roehrich she was incorrect. On September 10, 2006 Ms. Weiser complained to the police about a neighbor's pet being loose several days prior. Ms. Weiser was argumentative with Officer Johnson and a copy of the report is available. On September 26, 2006, Officer Roehrich visited the home of Ms. Weiser and tried to issue a notice to correct. Ms. Weiser refused to accept service and phoned her attorney who advised her to accept the warning. Ms. Weiser, however, refused and the warning was posted on the door. The warning included a statement advising the dog's license had expired on March 4, 2005. On October 12, 2006, Officer Roehrich received notarized 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 21, 2007 affidavits from five residents within Ms. Weiser's community advising they observed Ms. Weiser's violations of the leash law. On October 24, 2006, Police Chief Immler received a certified letter from Attorneys David Roth and Richard Temler advising him they were retained to represent Ms. Weiser's interests and disputed the allegation of the dog running loose. They indicated the tag had been updated and that "at no time did the tag lapse, simply the paperwork had not been processed." No proof of the tag was included in the letter, and to date, Palm Beach County has no proof there is a current tag for the dog. On October 31, 2006, Chief Immler responded to the letter and advised the next course of action would be a citation and to contact Officer Roehrich for further information. Officer Roehrich attempted to contact Ms. Weiser, with no answer upon knocking. When leaving Ms. Weiser's premises, one of the Homeowner Association board members approached Officer Roehrich and called Ms. Weiser by phone to facilitate communication. Ms. Weiser was heard screaming into the phone that she was afraid to go outside and Officer Roehrich was directed by Ms. Weiser to contact her attorney. On January 11, 2007 the case was turned over to Code Enforcement. A notice of violation letter was sent to her at that time. The notice of hearing sent via certified mail was returned unclaimed. The notice of violation and notice of hearing was sent to the Attorney of Record, Mr. Roth. On January 23, 2007 Ms. Weiser filed public records requests and picked those up the following day. On February 6, 2007 notice was posted on the property by a Code Officer and posted at City Hall advising of the hearing. Officer Roehrich had seven witnesses available to testify the dog runs off a leash. Marcy LaHart, Counsel for Ms. Weiser, asked to cross-examine Officer Roehrich before the witnesses testified. Attorney Tolces explained the procedure normally used was the City presented its case, then the Respondent presented its side, which included questioning witnesses. Mr. Ricki Norris, 3702 Medford Court, testified he had numerous observations of Ms. Weiser's dog running off the leash. He approached her, as a neighbor, to have the leash put on. He reported the dog has been aggressive and that was the concern. He provided photographs documenting his statements taken from the window of his home where the dog was running by itself. Sometimes Ms. Weiser was in close proximity to the dog and sometimes not. Mr. Norris noted the photos were taken over the past year at or thereabout. Mr. Norris also reported he took photographs and approached the Homeowners Association about it. The dog became aggressive at times on the common area. Mr. Norris explained there was a past history of problems with the dog and had signatures from the neighbors supporting his statement. The board agreed to view the photographs, which Attorney LaHart objected to viewing without hearing testimony from the respondent. Ms. Karen Hahn, 3602 Medford Court,.--tee! took the oath and explained she was a neighbor of Ms. Weiser for five years. Ms. Hahn testified the dog came at her twice without a leash and when Ms. Hahn approached Ms. Weiser about it, Ms. Weiser laughed. She also had photos of Ms. Weiser taking the dog off the leash. 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 21, 2007 The photos were taken in November and December of 2006 in the morning and were viewed by Ms. Weiser's counsel and the board. Ms. Cook asked Mr. Norris whether the large open area in the photo was a common area. Mr. Norris responded it was. First Vice Chair Yerzy asked Mr. Norris if he was concerned the dog made a mess on the property. Mr. Norris responded he was not. Thomas Feeney, 3804 Medford Court, testified he also saw the dog numerous times without the leash. The most recent time he saw the dog unleashed was nine days ago outside the property on Meadows Boulevard. He asked Ms. Weiser to keep the dog on the leash, and he also wrote to the HOA enclosing photos, but the HOA did not address the complaint. Officer Roehrich reiterated she was seeking a Cease and Desist Order to comply with the City's Ordinance. Attorney LaHart cross-examined Officer Roehrich and asked if she personally observed Ms. Weiser's dog off the leash. Officer Roehrich responded she had but not while on duty. Officer Roehrich and her daughter were in a Target store and observed Ms. Weiser at the service counter. She was not holding onto the dog leash. Attorney LaHart asked Officer Roerich for the basis of her determination that service dogs were not exempt with the Boynton Beach leash law. Officer Roehrich explained her research did not indicate there was anything that would exclude a service animal from local provisions. Officer Roehrich explained her research included a review of the Federal Act, the State Statute, the County and the City Ordinance. She did not initially consult with the City attorney or any other attorney familiar with the Americans with Disabilities Act (ADA) regulations. Attorney LaHart questioned Officer Roehrich on whether it would be possible to hold a leash if using both hands for something else. Officer Roehrich responded it would depend on the individual. Officer Roehrich also agreed there was a difference between a household pet and a service animal and the purpose of the service animal was to alert other individuals to the event of a seizure. Attorney LaHart questioned Mr. Norris, who confirmed he played ball with the service dog and denied being ticketed for parking in a handicapped parking space. The board objected to comments from Attorney LaHart that Mr. Norris had no complaints until there was a recall vote at the HOA. The board felt actions of the HOA had no bearing on whether or not Ms. Weiser kept her dog on a leash. Attorney LeHart objected and felt her line of questioning was being cut off. The board emphasized the only issue they were interested in hearing was whether the dog was leashed at all times. Board Member, Kathleen Carroll, announced she had gone through training for a service dog, and the issue of paramount importance, specifically, was the dog was to be on a harness at all times and the animal is to be on a leash at all times when outside of the dwelling. There was a short discussion where the service dog was trained and the laws in effect there. Attorney Tolces indicated the board was not responsible for answering questions. Ms. Weiser 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 21, 2007 announced the last time her dog was off the leash was approximately a year and a half ago to two years ago. The service dog was recently evaluated and passed certification. Chair Costantino explained the issue was the board had photographic evidence the dog was without the harness and without the leash. Officer Roehrich had five other affidavits. Ms. Weiser disputed the affidavits and explained some of the affiants used dates prior to the dog's birth. She also announced she had 40 affidavits indicating individuals had not seen the dog off the leash in two years. The five affidavits Officer Roehrich had on file were from September of 2006. Throughout the time of trying to obtain compliance with Ms. Weiser, there was further documentation from the affiants of continued violations, with the last being from Ms. Hahn observing the dog loose on another street and from another witness who indicated the dog was loose on a street in the Meadows a week and a half ago. Mr. Foot suggested using the Cease and Desist Order and the concept being if the respondent was in compliance there would be no issue. Officer Roehrich thought that action would be appropriate. She announced she would be happy to review any information that would exempt Ms. Weiser from the provision. Attorney LaHart explained the law required reasonable accommodations be made for individuals with disabilities. This would include the person to not have the dog on the leash when they had something in their hands. Attorney Tolces explained a reasonable accommodation does not require a waiver of a City Ordinance. Additionally, the board continued the case from last month to accommodate Ms. Weiser due to the fact she was not in town when the notice was posted. It was up to the board whether they wanted to consider any further evidence based on what they felt was relevant. He suggested if they did not want to hear anything further, to allow Ms. LaHart to make closing statements. Attorney LaHart proffered evidence. She clarified this included two witnesses, Ms. Linda Kender, an obedience trainer with Safe Harbor who conducts certifications and Fred Storch, Epilepsy Foundation. The board wanted to hear from Mr. Storch. Ms. Cook thought the question was the evidence the respondent would present was not part of the complaint. No one was disputed the animal was not a service dog. The other issue was there might be times that the dog might have been unleashed. Attorney LaHart entered documents into evidence to be included in the record. Those documents were affidavits of various neighbors of Ms. Weiser who indicated the dog had not been off the leash, and had always been with Ms. Weiser and was well-mannered. Affidavits from students from her nursing class, from the President of the Board of Directors of the HOA and from other neighborhood residents were included, all of which gave credence to the testimony from Ms. Weiser regarding bias of the witnesses against her. Fred Storch, 7782 Edenborough Lane, Delray Beach was present. Vice Chair Yerzy explained Counsel asked under what circumstances a service dog was allowed off a leash. Mr. Storch 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 21, 2007 explained there was legislation passed about this issue. He explained if a person's hands were occupied, such as with holding bundles, getting out of their car and having to put the leash down, under those circumstances, the dog could be at the owners side. Mr. Storch commented he had observed Ms. Weiser in Target with the dog off leash, and the dog was at her side. He thought the board should be educated about what the Americans with Disabilities Act. Ms. Carroll requested clarification when the dog was off leash, if he meant the dog should not be wearing the harness and leash. Mr. Storch responded the dog should have the harness on. First Vice Chair Yerzy asked whether the loop at the end of the leash could be placed over the person's arm. Mr. Storch responded not all the time. Ms. Cook thought the leash should be on the animal even if it was not in the person's hand. There were seven photos showing the dog was not wearing a harness or leash. Ms. Weiser stated, for the record, the photos were two years old. Officer Roehrich clarified it was acceptable for the dog to be without a harness when confined within the home. Only when the owner exited the premises of the real property should the animal have the leash and harness on. Motion Based on testimony and evidence presented in Case #07-72, Ms. Carroll moved that a Cease and Desist Order be issued giving Marcia L. Weiser until March 22, 2007 to bring the violations of City of Boynton Beach Code Sections as cited into compliance. 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 a fine in the amount of $200 per reoccurrence of the violation thereafter shall be imposed upon the Respondent. First Vice Chair Yerzy seconded the motion that unanimously passed. Case #06-2487 Greentree II Plaza Group Inc. - 555 N. Congress Ave. Transcapital Lending Inc. 3469 W. Boynton Beach Blvd. 13-16 B.B. C. or Ord. BBA FBC '05 105.1.1. Permit is required to install walls. A licensed contractor shall file application, secure permit and applicant inspections. Property Address: Violation{ s): Peter McCray, Code and Licensing Officer, presented the case and explained the initial inspection was October 4, 2006 and written notice gave 30 days to comply. It was sent certified mail on March 2, 2007. The green card was signed but there was no date noted on the green card. Notice was posted on the property and at City Hall on March 9, 2007. There was a hearing scheduled for February 21, 2007; however, the applicant received a 30-day extension to comply. A final inspection on the property had not occurred. Officer McCray announced the case was at the discretion of the board. 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 21, 2007 Robert Cunningham, 4405 Glen Eagles Drive, Property Manager at Greentree Plaza II indicated he was authorized to speak on behalf of Greentree Plaza II, and pled no contest. He originally requested 30 days to come into compliance. Officer McCray had no objections to the additional 30 day request. Motion Second Vice Chair Simshauser moved that Case #06-2487 be tabled until the Code Compliance Board Meeting to be held on April 16, 2007. Mr. Foot noted that would mean the case would come back before the board. He suggested taking action by requiring compliance by April 20, 2007 and if compliance was not achieved by that date, a fine would begin to accrue. The Respondent could request the board delay certifying the fine, but in the meanwhile they accomplished what might be necessary and move on. Ms. Carroll seconded the motion. A roll call vote was taken and the motion passed 4-3, (First V'ice Chair YelZJl, Mr. Moyer and Mr. Foot dissenting.) Case #07-302 Heffernan Properties LLC, l.C. Shortley , Shortley Aluminim 1722 Corporate Drive BBA FBC '04 105.1.1 Electric installed without permit and inspection. Shelving installed without a permit and inspection. Property Address: Violation{ 5): Officer McCray explained this was a routine inspection with an initial inspection date of June 5, 2006. Three violations were noted. Written notice was given with 30 days to comply. Certified mail was sent February 20, 2007. The green card was signed February 27, 2007. There had not been a permit applied for and he did not have photos for the board, He recommended the board determine compliance. lames Shortly, 110 South Boulevard Apt. 1B, Boynton Beach, pled guilty. One violation involved a metal rack. The second had to do with electrical outlets put inside the warehouse. He understood those two violations but did not understand the third violation, which involved a table saw. He explained he never had to have a permit for a counter before and did not know he needed a permit for an electrical saw. He explained it was a wooden counter that was not attached to the floor. Officer McCray explained he could have made a mistake about the counter and if so, that item could be dismissed. The other two items, however, still needed the permit. After further discussion, the board allowed 60 days to correct the violations. Officer McCray will do a re-inspection on Monday for the counter and reserve judgment on that item until a later time. Motion Based on the testimony and evidence presented in Case #07-302, Ms. Carroll moved that this board find that Heffernan Properties LLC - J.e. Shortley, Shortley Aluminum were in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 21, 2007 the violations on or before May 20, 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 $25 per day for each day the violation continues past May 20, 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. Mr. Foot seconded the motion. Mr. Foot questioned the occupational license, which was not included in the report. The respondent was is in violation of that issue also. Mr. Shortley explained he has an occupational license. Officer McCray explained he had to transfer the license to the new location. Vote There was a vote on the motion that unanimously passed. Case #07-185 Property Address: Violation( 5): Derek &. Michelle Roper 1515 NE 4th Street CH 15-ART.lX-15-120 (D).INC. 20-6. B.B.C. of ORD BBA FBC '04 105-1.1. Remove the boat from the front yard Boat must be parked on a hard surface. Tractor cannot be stored in a residential zoning district. A permit is required to install windows. Officer Cain presented the case, which arose from a routine inspection on January 24, 2007. He reported the outstanding violations were the windows and a permit for the driveway to the north of the property, which was made of shell rock or install sod. Thirty days was given to comply. Derek Rocher, 515 NE 4th Street, was present and pled no contest. He did not know he needed a permit for the windows and did not hire anyone for the windows because he had experience with windows. The area of the yard with the shell was pre-existing and he was trying to reinforce the area with the tractor. He was in the process of installing sod. Chair Costantino noted the water restrictions would commence the next day and the respondents would need to lay sod and adequately water it. There was discussion there was a provision for watering new sod within the water restrictions, and the board would be lenient and work with the residents to achieve compliance. A permitted driveway was needed which was asphalt, concrete or pavers. Shell rock was not acceptable. Mr. Rocher explained they were still attempting to recover from the hurricane. The shell rock area did not lead to a driveway or carport and they already had an asphalt driveway. Vice Chair Yerzy asked about the second driveway of shell rock. Officer Cain explained it was a driveway because it was used for 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 21, 2007 parking. Additionally, Officer Cain explained they needed to obtain a permit for hurricane shutters. Motion Based on the testimony and evidence presented in Case #07-185, Second Vice Chair Simshauser moved that this board find that Derek and Michelle Roper were in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violations on or before July 19, 2007. 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 $25 per day for each day the violations continue past July19, 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. Mr. Moyer seconded the motion that passed 6-1, (lst Vice Chair YelZY dissenting). Chair Costantino announced there was a request to hear the Ralph and Rosie item after the Rivera case. There were no objections from the board to the request. Case #07-269 Property Address: Violation(s): Javier & Landi Rivera 1516 NE 2nd Court CH15-ART.IX.-15-120 INCL Weed yard and swale area. Remove trash and debris. Install sod in yard and swale areas where ever dead or bare spots occur. Code Officer Cain presented the case. The initial inspection occurred January 31, 2007 with the notice of violation issued on the same date. The notice of hearing was issued March 2, 2007 and sent by certified mail. Service was obtained by posting on the property. Landi Rivera was present and pled guilty. She explained they would install sod and did not know about the hedges. Officer Cain distributed photos to the board. The hedge referred to a rose bush. The Respondents advised they would trim the hedges. The awning needed to be fixed and the Respondents requested 60 days. Motion Based on the testimony and evidence presented in Case #07-269, Mr. Foot moved that this board find that Javier and Landi Rivera are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violations on or before May 20, 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 $25 per day for each day the violations continue past May 20, 2007 plus Administrative Costs shall be imposed. The 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 21, 2007 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. Case # 07-429 Ralph and Rosie Inc. 2007 S. Federal Hgwy. Officer Webb presented the case and explained the notice of violation was February 9, 2007. The board was seeking a Cease and Desist Order for construction activity until a site plan modification had been obtained from the Planning and Zoning Department. The Respondent, Ralph DaVita was present at the February 21, 2007 meeting. The compliance date and fine set by the board was March 3, 2007 or $500 per day. Jenny Goldman, Attorney representing Ralph and Rosie Inc. explained Mr. DaVita was given verbal approval on the Tiki Hut and then the next day was cited with a violation. Mr. DeVita's contractor was paid to complete the hut. Attorney Tolces explained the board was past that issue. He explained last month, an order was entered and the board was certifying it. The outstanding question was why Mr. DaVita was not complying with the Order. Attorney Goldman explained her client delivered the survey to Sherrie Coale of Planning and Zoning on March 1, 2007, as directed, with the location of the tiki hut. She advised that was all her client was required to do. Why he was issued another notice of violation was being questioned. Other than submitting the surveys there was nothing else he needed to do. Scott Blasie, Code Compliance Administrator, explained there was construction without a proper site plan amendment. Although Mr. DaVita did submit it to the City, he needed to get approval of the amendment first. Until approval was granted, he was not in compliance. He was found guilty for doing work not in compliance with the site plan. Ms. Cook explained the order reads the modification has to be approved before he can continue activity in this area. Even if he submitted, until the time he received approval, the area cannot be used. Ms. Cook reiterated he was sited for doing work without proper approval, and was continuing to use the area. The violation was for making the modification without site plan amendments approved by the City. The plans are with the City now, but the onus was on the respondent to originally get the approval first. This was an after the fact situation. It was not the use, it was the alteration to the site. Attorney Goldman explained dismantling the structure would be a hardship. There was no electrical, but she noted the fire report said there was electrical wiring. They wanted to keep the structure in place pending approval and not use it for serving the public until the approval was given. She explained Mr. DaVita was operating under the assumption he was in compliance and elaborated he wanted to be. She announced he would discontinue using the hut. Mr. Blasie suggested the board certify the fine. He suggested if Mr. DaVita would commit to taking the structure down, the board could table the matter to the next meeting A discussion ensued the use was not the question, rather the exterior of the site was altered. The 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 21, 2007 respondent had prior violations and was cognizant of the process. There was agreement Mr. DaVita should remove or dismantle the structure or face fines and a lien on the property. Attorney Goldman questioned any requirement mandating that the structure be dismantled and asked if it was really necessary for it to be removed, especially if there was no reason to believe the site amendment would not be approved. Attorney Tolces explained the board does not advise how to come into compliance. Mr. Blasie explained the structure was currently in violation and for the fine to stop running, he needed to take it down. Mr. Foot indicated the tiki hut was to be used for parking. There were wheel stops there, which was not a demonstration of good faith. Mr. DaVita announced the tiki hut was not coming down until he got approval. Motion Based on the testimony and evidence presented in Case #07-429, 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 violations, the actions taken by the Respondent, that this board impose and certify a fine in the amount of $500 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. Second Vice Chair Simshauser seconded the motion that unanimously passed. Chair Costantino announced there was a request to hear Case #07-561 and Case #07-564, dealing with Yachtsman Properties LLC. The board agreed to hear those cases after the Acosta case. Case #07-295 Property Address: Violation(s): Victor Acosta 311 NE 16th Ave. CH15-ARTIX-15-120(D).Inc., 10-2 and 10- 3; BBC of Ord. Remove Trash and debris including tires from property. Install sod in yard where dead or bare spots occur. Officer Cain presented the case and explained the only outstanding issue was the sod. He explained this case was an initial inspection that occurred on February 1, 2007 resulting in a notice of violation being issued that same day. Thirty days was given to comply. The notice was posted on the property and at City Hall on March 9, 2007. Officer Cain reported the Respondent was present. Victor Acosta, Post Office Box 427, Deerfield Beach, was present and pled no contest. He explained he took care of the tires and requested 15 days to replace the sod. Motion 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 21, 2007 Based on the testimony and evidence presented in Case #07-295, Ms. Carroll moved that this board find that Victor Acosta is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before AprilS, 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 violations continue past AprilS, 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. Mr. Foot left the dias at 8:58 p.m. Case #07-561 Property Address: Violation(s): Yachtsman Properties LLC 1550 N. Federal Highway 10-2 B.B.C. of Ord., PT3-LDR.CH2.5ECA.E. CH.10-ART.II-SEC.10-31., FBC CH4 SECT 401-410, BBA FBC '04 105.1.1, PT3-LDR. CHPT 4 SEC.11, ART. II SEC.5 B&C, CH.21 ART. I SEC 13, PT3-LDR.CH23-ART 11.0. Repair dumpster enclosure, clean trash from dumpster area and yard, grease traps must be in good working order. Secure meter room. Repair fa<;ade & freestanding signs. Permit is required. Parking lot, landscaping and irrigation maintenance is required. Roof tiles are missing, building has damaged areas and needs to be stuccoed. Lights on building and parking lot need to be in good working order. Hedges at 15th Place and Federal Hgwy must be trimmed. Officer Cain presented the case. The initial inspection took place on March 2, 2007 and a notice of violation and notice of hearing were mailed on the same day. Service was obtained March 6, 2007 by certified mail. Andrew Cohen, agent and manager of the property was present and pled no contest. He requested 120 days to comply and explained he was requesting a longer time period to comply because there would be some permits needed. He provided an update on the corrected violations. Officer Cain distributed photos to the board. Mr. Stan Nokowski, 670 NE 15th Place, requested anything not requIring a permit be resolved in a more expedient fashion. He explained the neighbors have been lenient as they were waiting for the buildings to be demolished. 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 21, 2007 Motion Based on the testimony and evidence presented in Case #07-561, First Vice Chair Yerzy moved that this board find that Yachtsman Properties, LLC is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before June 19, 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 violations continue past June 19, 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 passed, 6-0 (Mr. Foot was not present for the vote). Case #07-564 Property Address: Violation( s): Yachtsman Properties LLC 1600 N. Federal Highway 10-2 B.B.C. of Ord., PT3-LDR.CH2.SECA.E. CH. 10-ART.II-SEC. 10-31., FBC CH4 SECT 401-410, BBA FBC '04 105.1.1, PT3-LDR. CHPT 4 SEC.11, ART.II SEC.5 B&C, CH.21 ART. I SEC 13, PT3-LDR.CH23-ART 11.0. Repair dumpster enclosure, clean trash from dumpster area and yard, grease traps must be in good working order. Secure meter room. Fa~ade & freestanding signs are in disrepair and missing parts. Permits are required. Parking lot, landscaping and irrigation maintenance is required. Roof tiles are missing, building has damaged areas and needs to be stuccoed. Repair lights. Hedges must be trimmed Officer Cain presented the case. The initial inspection took place on March 2, 2007 and a Notice of violation and Notice of Hearing were mailed on the same day. Service was obtained March 6, 2007 by certified mail. The remaining violations were the dumpster enclosures, lights, roofing tiles, fa~ade signs, parking lot landscaping and irrigation. Andrew Cohen, agent and manager of the property, was present and pled no contest. He requested 90-120 days to comply and explained he was requesting a longer time period to comply because there would be some permits needed. He provided an update on the corrected violations. Motion Based on the testimony and evidence presented in Case #07-564, First Vice Chair Yerzy moved that this board find that Yachtsman Properties, LLC is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violations on or before 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 21, 2007 June 19, 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 violations continue past June 19, 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 passed, 6-0 (Mr. Foot was not present for the vote). Case #07-182 Property Address: Violation(s): Juan Portalatin 10 NE 22nd Avenue CH15-ART.IX-15-120(D)1.Inc. Sod bare spots in your yard. Officer Pierre presented the case and reported the initial inspection occurred January 23, 2007. A notice of violation was issued on January 24, 2007 and the notice of hearing was sent via certified mail on February 13, 2007 and service obtained on February 21, 2007. Officer Pierre had photographs. Juan Portalatin was present and pled no contest. He advised he put sod down and a 20-by- 20 foot section still needed to be installed. He was waiting for his tax return. Officer Pierre confirmed the respondent was compliant and the request came from a Commissioner. Mr. Portalatin requested 30 days for compliance. Motion Based on the testimony and evidence presented in Case #07-182, Mr. Moyer moved that this board find that Juan Portalatin is in violation of City of Boynton Beach Code Section as cited, and moved to order that the Respondent correct the violation on or before April 20, 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 April 20, 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, 6-0 (Mr. Foot was not present for the vote). Mr. Portalatin was concerned about the water restrictions being imposed. He explained this happened to him one other time and his sod died. He did not have a sprinkler system and it cost him $40K. Chair Costantino noted with new sod there are different rules. Attorney Tolces recommended the Respondent advise the Code Office when he installed the remaining sod. Case #07-284 Property Address: Violation(s): Lydia Mass 2411 NE 4th Street CH 15-ART.IX-15-120( d)l.Inc. Sod ya rd 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 21, 2007 Mr. Foot returned to the dais at 9:14 p.m Code Officer Pierre presented the case. The initial inspection occurred on February 1, 2007 and a notice of violation issued on the same date. Notice of hearing was sent via certified mail on March 6, 2007, and service obtained via mail on March 12, 2007 and via posting on March 10, 2007. Alvin Mass, Ms. Mass' husband indicated he was authorized to speak on her behalf and pled no contest. He explained the City came onto his property and laid a sewer pipe. There is sand there. He announced he would not water sand and that was why there was no grass there. Mr. Mass is disabled and could not afford to replace the grass. Officer Pierre had photographs. The City would be obligated to replace whatever damage they imposed on a property, but it was up to the Respondent to prove it was the City who damaged it. The Respondent indicated he did not call the City about it because a City employee indicated it was not necessary to call because they would bring the grass. Mr. Mass reported the trees were alive when they were dug up and they were dead when they were replanted. Ms. Cook recommended giving 30 days to allow the Respondent to call the City to come back and replace the damaged property, and also to obtain the proof the City caused the damage to the property . Motion Based on the testimony and evidence presented in Case #07-284, Ms. Cook moved that this board find that Lydia Mass is in violation of City of Boynton Beach Code Section as cited, and moved to order that the Respondent correct the violation on or before April 20, 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 April 20, 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. Foot seconded the motion that unanimously passed. Case #07-289 Property Address: Violation(s): Keith &. Shirley Gorles 2660 N E 4th Ct. CH15-ART.IX-15-120-120(D)1.Inc. Sod Bare Spots on lawn Officer Pierre presented the case. The initial inspection was February 1, 2007. The notice of violation was made the same date. Notice of hearing was sent via certified mail on March 6, 2007 and service was obtained via certified mail on March 12, 2007. The Respondent was present. Katie Gorles, daughter of the Respondents, was present. She explained the Community Improvement Office was renovating the home and she requested waiting until the entire 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 21, 2007 renovations were completed. There was a problem under the home and a pipe was being run there. When the work was completed, the sod could be laid. Ms. Shirley Gorles was also present. Motion Ms. Cook moved that Case #07-289 be tabled until the Code Compliance Board meeting on July 18, 2007. Ms. Carroll seconded the motion that unanimously passed. Case #06-3130 Property Address: Violation(s): Comet Cleaners, Inc. 212 S. Federal Hgwy LDR CH 21 ART I SEe. 11 Unsafe and Unlawful Signs Officer Webb presented the case and explained the initial inspection was December 15, 2006 as the result of a routine inspection and a complaint. Written notice giving ten days was issued on December 28, 2006 and was signed for on January 16, 2007. lohn Burnhard, 14100 SE 4th Avenue in Hobe Sound, was present and pled no contest. He announced he was authorized to speak on behalf of the owner, who was his sister-in-law. Mr. Burnhard requested 120 days to cure the violation. Officer Webb distributed photos to the board. Mr. Burnhard agreed to remove the structure within ten days but had to notify the Building Department. Mr. Foot thought having two different dates for compliance would be appropriate in this case. The sign was an unsafe structure. There was discussion the sign was a non-conforming sign, and the Respondent may need a demolition permit. Additionally, if the sign were removed, he may not be able to replace it and wind up receiving a double violation. Mr. Burnhard indicated he did not want to replace the sign. Motion Based on the testimony and evidence presented in Case #06-3130, Ms. Carroll moved that this board find that Comet Cleaners, Inc. is in violation of City of Boynton Beach Code Section as cited, and moved to order that the Respondent correct the violation on or before April 20, 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 April 20, 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. 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 21, 2007 Case #05-2114 1420 SW 30th Ave. 1420 Holdings, LLC Officer Cain presented the case and explained the notice of violation date was September 7, 2005 for a violation of site maintenance. The Code Compliance Board hearing was December 20, 2006 and no one appeared. The compliance date was established as January 19, 2007 or a fine of $75 per day past that date applied. There have been 60 days of non-compliance. Raymond Greaves, 1520 SE 11th Street Deerfield Beach, the property owner, was present. Mr. Greaves explained the sod was being damaged by tenants and neighborhood residents. He started dealing with the Police Department to ticket and tow individuals parking and driving on the grass. He had this issue once before. His improvements totaled about $312K and he spent about $280 to date. He evicted some tenants, which created some of the traffic problems. He requested 60 days to come into compliance. After further discussion, the board decided to table the matter to May 16, 2007. The board noted there were visible improvements. Motion Mr. Foot moved that Case #05-2114 be tabled until the Code Compliance Board Meeting on May 16, 2007. Second Vice Chair Simshauser seconded the motion that unanimously passed. Case # 06-1915 432 NE 22nd Avenue Antoine Celestin and Christine Joseph Code Officer Lewis reviewed the case and requested it be tabled. Officer Lewis explained he received documentation and the respondents had to go through plans check. Motion Mr. Foot moved that Case #06-1915 be tabled until the Code Compliance Board Meeting on May 16, 2007. Second Vice Chair Simshauser seconded the motion that unanimously passed. Ms. Cook noted there was an individual waiting to be heard who was with a small child. The board opted to hear that case next. Case #07-179 Property Address: Violation( s): Brian Keith & Michelle Bouie 351 NE 27th Avenue CH 15-ART.IX-15-120(D) lInc. Remove inoperable vehicle and vendor van from property. Sod yard. Officer Pierre reviewed the case and advised the Respondent was present. Michelle Bouie, was present indicated she needed 60 days to complete the work. She had already sodded the yard and just received the permit for her driveway. 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 21, 2007 Motion Based on the testimony and evidence presented in Case #07-179, First Vice Chair Yerzy moved that this board find that Brian Keith and Michelle Bouie are in violation of City of Boynton Beach Code Section as cited, and moved to order that the Respondents correct the violation on or before May 20, 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 $25 per day for each day the violation continues past May 20, 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. Mr. Foot seconded the motion that unanimously passed. Case #06-2782 3479 High Ridge Road Boynton Flex, LLC Disaster America of Florida Officer McCray reviewed the request. The Respondents, Mr. Rubin and Mr. Reed appeared at the Code Compliance Board on January 17, 2007 and the date and fine established by the board was February 16, 2007 or $50 per day. The violation still existed and had 32 days of non-compliance. Mr. Norman Reed representing Disaster America of Florida was present. Mr. Rubin representing Boynton Flex, LLC was present. Mr. Reed advised he had received a rough mechanical, electrical, low voltage and fire inspection. He hoped to receive his final on the electrical and mechanical and then hoped to obtain his building permit and a certificate of occupancy. Motion Mr. Foot moved that Case #06-2782 be tabled until the Code Compliance Board meeting on May April 16, 2007. Second Vice Chair Simshauser seconded the motion that unanimously passed. Case #06-2690 1515 SE 2nd Street Rigaud & Yolaine Saintford Officer Webb reviewed the case and explained the only outstanding violation was the driveway that needed a permit. Rigaud Saintford, 1515 SW 2nd Street explained he already applied for his permit. He advised the board he never received the first letter, only the letter dated February 21, 2007. After discussion, the board thought it was appropriate to table the case. Motion Ms. Cook moved that Case #06-2690 be tabled until the Code Compliance Board meeting on April 16, 2007. Ms. Carroll seconded the motion that unanimously passed. 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 21, 2007 Case #06-1065 317 NE 10th Avenue Luc Vildor Officer Melillo presented the case and explained there were some violations that still existed. Luc Vildor, the property manager and co-owner was present. Mr. Vildor explained he tried to obtain an occupational license but could not because of the violations and he was not aware there was a lien on the property. He advised each time he sent someone to address the issue, the next day it was the same way. Chair Costantino explained he should not have tenants in the property to begin with. Mr. Vildor advised the rent was not enough to make the mortgage and the board noted Mr. Vildor should consider whether it was worth keeping the tenants and accruing a fine of $75 per day. Additionally, in order to obtain the occupational license, inspections would need to occur and the third tenant would not allow access. Motion Based on the testimony and evidence presented in Case #06-1065, Mr. Moyer moved that this Board find that the Respondent has not complied with this Board's Order dated January 1, 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 $75 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. First Vice Chair Yerzy seconded the motion that unanimously passed. Case #07-294 Property Address: Violation( s) Jacques Dalce 313 NE 16th Avenue CH 15-ART.IX-15-120(D).Inc. Sod yard in bare spots. Repair or remove fence. Permit may be needed. Officer Cain reviewed the case, which arose from a routine inspection on February 1, 2007. Jacques Dalce, pled no contest and requested 90 days. Chair Costantino suggested 30 days for the sod and 90 days for the fence. The board noted there was no pool and it was clarified the first motion would be for the sod and the second motion for the fence. Motion Based on the testimony and evidence presented in Case #07-294, Ms. Carroll moved that this board find that Jacques Dalce 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 April 20, 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 April 20, 2007 plus Administrative Costs shall be imposed. The Respondent is further 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 21, 2007 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. Motion Based on the testimony and evidence presented in Case #07-294, Ms. Carroll moved that this board find that Jacques Dalce is in violation of City of Boynton Beach Code Sections(s) as cited, and moved to order that the Respondent correct the violation on or before June 19, 2007. The board has considered the gravity of the violation, the actions taken by the Respondent and any previous violation 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 19, 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 #07-271 Property Address: Violation( s) Jeanne Arias 331 NE 15th Court CH15-ART.IX-15-120(D).Inc., 10-2 B.B.C. of Ord., LDR CH20 ART 1 SEC 8 E-16 Repair fence and driveway, remove trash and debris. Install 4 inch house numbers. Install sod in yard and swale areas. Officer Cain reviewed the case and reported the outstanding violations were for sod and repair of the fence. Jeanne Arias, pled no contest. She explained the fence was being installed and the sod was ordered. She needed one day to comply. Chair Costantino suggested allowing 30 days to comply. Motion Ms. Carroll moved that Case #07-271 be tabled until the Code Compliance Board meeting on April 16, 2007. Second Vice Chair Simshauser seconded the motion that unanimously passed. Code Compliance Administrator Blasie explained the procedures for appeals for the benefit of the individuals in attendance and explained the board's action can be appealed to the City Commission. Case #05-2739 1455 SW 25th Ave #B Erick D & Caprice Hardnett Administrator Blasie reviewed the case, which originated December 13, 2005 for a violation of the City's False Alarm Ordinance. The case was heard on February 15, 2006 and no one appeared. The compliance date was March 17, 2006 or $250 per day. The Respondent was 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 21, 2007 present and Mr. Blasie reported they were dealing with the alarm company, so some fines were waived due to documented malfunctions of the system. Chair Costantino inquired when it was determined there was a problem with the alarm. Caprice Hardnett, was present and explained in 2005 they thought it was a battery issue. They learned it was a malfunction of a motion detector and they did not realize how serious it was. The alarm always went off when she was at work. She would ask the police not to dispatch but they did. It took the alarm company three months to supply evidence of the malfunction and four months to stop the false alarms. She paid $200 for the lien reduction and pointed out the problem still existed. Mr. Foot thought a nominal fee would be appropriate. Motion Based on the testimony and evidence presented in Case #05-2739 and having been advised that the Respondents have complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this board reduce the fines instituted in Case #05-2739, by virtue of this board's order date of February 15, 2006 to an amount of $634.12 including Administrative Costs. Ms. Cook seconded the motion that unanimously passed. Case #06-193 238 SW 5th Ave. Omari Murray Mr. Scott reviewed this case and explained compliance was documented. The property was in good shape. Sheri Bornstein, 7136 Taylor Wood Drive, Lakewood, was present and put under oath. Ms. Bornstein explained she was trying to purchase the property, which was in foreclosure and there is a lien on the property. Ms. Bornstein announced she would inhabit the dwelling. The board inquired where Mr. Murray was. Ms. Bornstein explained the title company, and everyone else was looking for him. She announced, however, she had a signed contract to purchase the property from him. Mr. Foot was concerned the board would be setting a precedent if they reduced the fine. Motion Based on the testimony and evidence presented in Case #06-193 and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Ms. Carroll moved that this board reduce the fines instituted in Case #06-193, by virtue of this board's order date of March 15, 2006 to an amount of $250 including administrative costs. The motion was duly seconded and passed 6-1 (Mr. Foot dissenting). 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 21, 2007 The board took a break at 10:24 p.m. The board reconvened at 10:33 p.m. Case #07-172 Property Address: Violation(s): Palm Beach County Housing Authority 11 NE 22nd Ave CH15-ART.IX-15-120(D).Inc; 10-2, 10-3, B.B.C. Code of Ord. Mow yard and remove trash and debris from property. Install sod in bare spots. Weed and repair fence. Remove boards from windows and repair or remove storage room at rear of house. Officer Cain reviewed the case and recommended 15 days be given for compliance, until April 5, 2007. Motion Based on the testimony and evidence presented in Case #07-172, Second Vice Chair Simshauser moved that this board find that Palm Beach County Housing Authority is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before April 5, 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 violations continue past AprilS, 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 #07-305 Property Address: Violation( s): Lynn &. David Halliday 1620 Cetona Drive CH 2.5-3 & CH 2.5-7 Alarm operating permit and decal violation Code Compliance Administrator Blasie presented the case. He indicated Ms. Halliday advised him she would be in the next day to obtain the operating decal. Mr. Blasie recommended a compliance date of March 31, 2007 or $250 per day. Motion Based on the testimony and evidence presented in Case #07-305, Ms. Carroll moved that this board find that Lynn and David Halliday are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violations on or before March 30, 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 $250 per day for each day 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 21, 2007 the violations continue past March 30, 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. Second Vice Chair Simshauser seconded the motion that unanimously passed. Case #07-273 Property Address: Violation(s): Marie Gedeon 1525 NE 2nd Court 10-2 B.B.C. of Ord., CH15-ART.IX-15- 120(B).1 Remove Trash and Debris from Swale. Install sod, repair or remove fence. Officer Cain reviewed the case and recommended 30 days for compliance, by April 20, 2007. Motion Based on the testimony and evidence presented in Case #07-273, Ms. Carroll moved that this board find that Marie Gedeon is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before April 20, 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 violations continue past April 20, 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. Foot seconded the motion that unanimously passed. Case #07-320 Property Address: Violation(s): Anthony &. Patricia Dolphin 1512 NE 2nd Ct. CH 15-ART.IX-15-120(D).Inc. Weed driveway and re-rock it. Remove outside storage from carport Officer Cain reviewed the case and recommended 30 days to April 20, 2007 to come into compliance. Motion Based on the testimony and evidence presented in Case #07-320, Second Vice Chair Simshauser moved that this board find that Anthony and Patricia Dolphin are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violations on or before April 20, 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 $25 per day for each day the violations continue past April 20, 2007 plus Administrative Costs 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 21, 2007 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 #07-370 Property Address: Violation( s): Jean &. Mariette Joseph 1510 NE 1st St. CH15-ART-15-120(B)2.Inc. Remove rocks from swale. Officer Cain reviewed the case and recommended 15 days to come into compliance by AprilS, 2007. Motion Based on the testimony and evidence presented in Case #07-370, Ms. Carroll moved that this board find that Jean and Mariette Joseph are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violations on or before AprilS, 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 violations continue past AprilS, 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. Second Vice Chair Yerzy seconded the motion that unanimously passed. Case #07-437 Property Address: Violation(s): Jean Charles 419 NE 14th Ave. CH 15-ART-15-120(D)Inc. Remove items from rear yard Officer Cain reviewed the case and recommended 15 days, to AprilS, 2007, to come into compliance. Motion Based on the testimony and evidence presented in Case #07-437, Ms. Carroll moved that this board find that Jean Charles is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violation on or before AprilS, 2007. The board has considered the gravity of the violation, the actions taken by the Respondent and any previous violation 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 AprilS, 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. 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 21, 2007 Case #07-473 Property Address: Violation(s): Estiverne Vagunice 651 SW 2nd Ave. CH15-ART-15-120(D)Inc. Mow and weed overgrown areas of yard and swale. Remove trash & debris. Sod bare spots on lawn. Repair fence where needed. Officer Lewis reviewed the case and recommended 90 days, until June 19, 2007 to comply. Motion Based on the testimony and evidence presented in Case #07-473, Ms. Carroll moved that this board find that Estiverne Vagunice is in violation of City of Boynton Beach Code Section as cited, and moved to order that the Respondent correct the violation on or before June 19, 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 $5e 25 per day for each day the violation continues past June 19, 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 #07-378 Property Address: Violation(s): Pamela Patterson 345 NE 9th Avenue CH 15-ART -15-120( D )Inc. Remove unregistered & inoperable vehicles and all outside storage and trash Officer Lewis reviewed the case and recommended 90 days, until June 19, 2007 to comply. Motion Based on the testimony and evidence presented in Case #07-378, Ms. Carroll moved that this board find that Pamela Patterson is in violation of City of Boynton Beach Code Section as cited, and moved to order that the Respondent correct the violation on or before June 19, 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 $50 per day for each day the violation continues past June 19, 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 #07-251 3801 Quantum LLC 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 21, 2007 Violation(s): CH15-ART-15-120(D)Inc, 10-2;10-3; B.B.C. of Ord. Remove pipes, trash, debris and storage containers. Mow and trim overgrowth. Officer Lewis reviewed the case and recommended 15 days, until AprilS, 2007 to comply. Motion Based on the testimony and evidence presented in Case #07-251, Ms. Carroll moved that this board find that 3801 Quantum LLC is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violation on or before AprilS, 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 AprilS, 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. Second Vice Chair Simshauser seconded the motion that unanimously passed. Case #07-213 Property Address: Violation( s): Dennis & Linda Dickison 340 NE 11th Avenue CH15-ART-15-120(D)lInc,CH15-ART-15- 120(B) lInc, Mow and trim overgrowth. Officer Melillo reviewed the case and recommended 10 days, until March 31, 2007 to comply. Motion Based on the testimony and evidence presented in Case #07-213, First Vice Chair Yerzy moved that this board find that Dennis & Linda Dickison are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violations on or before March 31, 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 $25 per day for each day the violations continue past March 31, 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. Second Vice Chair Simshauser seconded the motion that unanimously passed. Case #07-214 Property Address: Violation(s): Dennis & Linda Dickison 334 NE 11th Avenue CH15-ART-15-120(D)lInc,CH15-ART-15- 120(B)lInc, Mow and trim overgrowth. 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 21, 2007 Officer Melillo reviewed the case and recommended 10 days, until March 31, 2007 to comply. Motion Based on the testimony and evidence presented in Case #07-214, First Vice Chair Yerzy moved that this board find that Dennis & Linda Dickison are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violations on or before March 31, 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 $25 per day for each day the violations continue past March 31, 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. Second Vice Chair Simshauser seconded the motion that unanimously passed. Case #07-378 Property Address: Violation( s): Pamela Patterson 345 NE 9th Avenue CH15-ART-15-120(D)lInc Remove all unregistered and inoperable motor vehicles and remove outside storage and trash. Officer Melillo reviewed the case and recommended 10 days, until March 31, 2007 to comply. Motion Based on the testimony and evidence presented in Case #07-378, Mr. Moyer moved that this board find that Pamela Patterson is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violation on or before March 31, 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 March 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. Ms. Carroll seconded the motion that unanimously passed. Case #07-146 Property Address: Violation(s): William Ganoe 460 Ocean Pkwy. CH15-ART-15-120(D)1 Inc, 13-16 B.B.C. of Ord. Sod yard & swale areas as needed. Occupational license required for your property . Officer Pierre reviewed the case and recommended 10 days, until April 20, 2007 to comply. 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 21, 2007 Motion Based on the testimony and evidence presented in Case #07-146, Ms. Cook moved that this board find that William Ganoe is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before April 20, 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 $150 per day for each day the violations continue past March 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. Ms. Carroll seconded the motion that unanimously passed. Case #07-246 Property Address: Violation(s): Durane Lawrence 2219 NE 1st lane CH15-ART-15-120(D)lInc, Sod yard. Remove inoperable vehicles. Replace broken windows. Officer Pierre reviewed the case and recommended 30 days, until April 20, 2007 to comply. Motion Based on the testimony and evidence presented in Case #07-246, Ms. Carroll moved that this board find that Durane Lawrence is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before April 20, 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 $75 per day for each day the violation continues past April 20, 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 #07-248 Property Address: Violation( s): Frank Mass 334 NE 23rd Ave. CH15-ART-15-120(D)lInc, Remove inoperable vehicles. Weed the driveway Officer Pierre reviewed the case and recommended 30 days, until April 20, 2007 to comply. Motion Based on the testimony and evidence presented in Case #07-248, Ms. Carroll moved that this board find that Frank Mass is in violation of City of Boynton Beach Code Section as cited, and 28 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 21, 2007 moved to order that the Respondent correct the violation on or before April 20, 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 $75 per day for each day the violation continues past April 20, 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 #06-678 Property Address: Violation(s): Deliverance Holy Temple, Inc. 202 NW 9th Ave. BBA FBC '05 105.1.1, BBA FBC '05 108.5 Secure permit for interior remodel. Four times fee will apply. Officer Roy reviewed the case and recommended 10 days, until March 31, 2007 to comply. Motion Based on the testimony and evidence presented in Case #06-678, Ms. Carroll moved that this board find that Deliverance Holy Temple, Inc. is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before March 31, 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 $150 per day for each day the violation continues past March 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. Second Vice Chair Simshauser seconded the motion that unanimously passed. Case #07-404 Property Address: Violation(s): J.L. Johnson 533 NW 13th Ave.. CH 15-ART -15-120( D) lInc, Remove auto parts, trash, debris & inoperable vehicle from the property. Officer Roy reviewed the case and recommended 10 days, until March 31, 2007 to comply. Motion Based on the testimony and evidence presented in Case #07-404, Second Vice Chair Simshauser moved that this board find that J.L. Johnson is in violation of City of Boynton Beach Code Section as cited, and moved to order that the Respondent correct the violation on or before March 31, 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 $75 per day for each day 29 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 21, 2007 the violation continues past March 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. Ms. Carroll seconded the motion that unanimously passed. Case #07-405 Property Address: Violation( s): Cornelius Jones 557 NW 12th Ave. CH15-ART-15-120(D)lInc, Remove trash, debris & inoperable vehicle from the property. Officer Roy reviewed the case and recommended 30 days, until April 20, 2007 to comply. Motion Based on the testimony and evidence presented in Case #07-405, First Vice Chair Yerzy moved that this board find that Cornelius Jones is in violation of City of Boynton Beach Code Section as cited, and moved to order that the Respondent correct the violations on or before April 20, 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 $75 per day for each day the violation continues past April 20, 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. Second Vice Chair Simshauser seconded the motion that unanimously passed. Case #07-192 Property Address: Violation(s): 2319 S. Federal Partners LLC 2319 S. Federal Hgwy. CH15-ART-15-120(D)1 Inc, 10-2 B.B.C. of Ord. Mow and remove trash, debris from the property. Attach filter to fence. Officer Webb reviewed the case and recommended 30 days, until April 20, 2007 to comply. Motion Based on the testimony and evidence presented in Case #07-192, Ms. Carroll moved that this board find that 2319 S. Federal Partners, LLC is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before April 20, 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 $150 per day for each day the violations continue past April 20, 2007 plus Administrative Costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in 30 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 21, 2007 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 #07-250 Property Address: Violation( s): Charles Humeston 1206 SW 1st St. 13-16 B.B.C. of Ord. Occupational license is required. Officer Webb reviewed the case and recommended 10 days, until March 31, 2007 to comply. Motion Based on the testimony and evidence presented in Case #07-250, Ms. Carroll moved that this board find that Charles Humeston is in violation of City of Boynton Beach Code Section as cited, and moved to order that the Respondent correct the violation on or before March 31, 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 $150 per day for each day the violation continues past March 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. Second Vice Chair Simshauser seconded the motion that unanimously passed. Case #07-470 Property Address: Violation( s): Papa Realty LLC 515 SE 21st Ave. CH15-ARt.IX-15-120(D).Inc., 13-16 BBC of Ord. Remove unlicensed and inoperable vehicle. Occupational license is required. Officer Webb reviewed the case and recommended 10 days, until March 31, 2007 to comply. Motion Based on the testimony and evidence presented in Case #07-470, Ms. Carroll moved that this board find that Papa Realty LLC is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before March 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 $100 per day for each day the violation continues past March 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. Ms. Cook seconded the motion that unanimously passed. 31 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 21, 2007 Case #07-472 Property Address: Violation( s): Anand Patel, LLC 2201 S. Federal Hgwy CH15-ARt.IX-15-120(D).Inc. Ch 15-ART.IX-15-120(E)Inc. Remove loose trash & debris. Trim bushes. Exterior Building needs to be repaired. Officer Webb reviewed the case and recommended 30 days, until April 20, 2007 to comply. Motion Based on the testimony and evidence presented in Case #07-472, Second Vice Chair Simshauser moved that this board find that Anand Patel, LLC. is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before April 20, 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 violations continue past April 20, 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 #07-178 Location: Violation: Southern Homes 2505 Coastal Bay Blvd. CH 23 Section 7 Art. II F PT3-LDR.CH23-ART 11.0. PT3-LDR,CH7,5-II, SEC 5.B Landscape maintenance. Remove trash & debris, keep irrigation system in good working order & Replace missing sprinkler heads. Replace missing trees & plants, remove dead trees and plants. Trim ficus tree limbs. Clean stormwater drains Code Officer Webb reviewed the case and recommended 30 days be given for compliance, until April 20, 2007. Motion Based on the testimony and evidence presented in Case #07-178, First Vice Yerzy moved that this board find that Southern Homes. is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before April 20, 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 32 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 21, 2007 Respondent does not comply with this order, a fine in the amount of $250 per day for each day the violations continue past April 20, 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. Officer Pierre recommended certifying the following cases at $25 per day. Case #06-2147 300 SW 13th Ave. Bernard &. Gloria Turner Motion Based on the testimony and evidence presented in Case #06-2147, Second Vice Chair Simshauser moved that this board find that the Respondents has not complied with this board's order dated October 18, 2006, and having considered the gravity of the violation, 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. Ms. Carroll seconded the motion that unanimously passed. Case #06-2841 2417 NE 4th St. Jason Hollar Motion Based on the testimony and evidence presented in Case #06-2841, Second Vice Chair Simshauser moved that this board find that the Respondent has not complied with this board's order dated January 17, 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 $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. Carroll seconded the motion that unanimously passed. Case #06-2558 816 S. Seacrest Blvd. Juan Rodriguez Motion Based on the testimony and evidence presented in Case #06-2558, Second Vice Chair Simshauser moved that this board find that the Respondent has not complied with this board's order dated December 20, 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 $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. Carroll seconded the motion that unanimously passed. 33 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 21, 2007 Case #06-2922 305 NE 23rd Ave. Jacob Srock Motion Based on the testimony and evidence presented in Case #06-2922, Second Vice Chair Simshauser moved that this board find that the Respondent has not complied with this board's order dated January 17, 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 $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. Carroll seconded the motion that unanimously passed. Officer Pierre recommended no fine for the fo/lowing cases: Case #06-3078 409 NE 12th Ave. Nikki Hadden Motion Based on the testimony and evidence presented in Case #06-3078 and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this board reduce the fines instituted in Case #06-3078 by virtue of this board's order date of January 17, 2007 to an amount of No Fine, including Administrative Costs. Ms. Carroll seconded the motion that unanimously passed. Case #06- 2559 103 SE 5th Ave. John Fitzpatrick Motion Based on the testimony and evidence presented in Case #06-2559 and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances Mr. Foot moved that this board reduce the fines instituted in Case #06-2559 by virtue of this board's order date of December 20, 2006 to an amount of No Fine, including Administrative Costs. Ms. Carroll seconded the motion that unanimously passed. Case #06-3132 400 S. Federal Hgwy Wise Investments of So. FL, Inc. Motion Based on the testimony and evidence presented in Case #06-3132 and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances Mr. Foot moved that this board reduce the fines instituted in Case #06-3132 by virtue of this board's order date of January 17, 34 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 21, 2007 Motion Based on the testimony and evidence presented in Case #06-3132 and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances Mr. Foot moved that this board reduce the fines instituted in Case #06-3132 by virtue of this board's order date of January 17, 2007 to an amount of No Fine, including Administrative Costs. Ms. Carroll seconded the motion that unanimously passed. Officer Pierre recommended the following cases be tabled to May 16, 2007: Case #06- 2846 2609 NE 4th Ct. Roger G. Krout Motion Ms. Carroll moved that Case #07-Q-2846 be tabled until the Code Compliance Board meeting on May 16, 2007. First Vice Chair Yerzy seconded the motion that unanimously passed. Case #06-2471 401 S. Seacrest Blvd. Seacrest Investment LLC Motion Mr. Foot moved that Case #06-2471 be tabled until the Code Compliance Board meeting on May 16, 2007. Mr. Moyer seconded the motion that unanimously passed. Case #06-975 SW 3rd St. Nationwide Assets Inc. Motion Based on the testimony and evidence presented in Case #06-975, Mr. Foot moved that this board find that the Respondent has not complied with this board's order dated May 17, 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 $100 per day occurrence 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. First Vice Chair Yerzy seconded the motion that unanimously passed. VII. Discussion Chair Costantino disclosed she had received a letter from Mr. Ken Hall requesting the board reconsider his case. Attorney Tolces advised he received an email from Mr. Blasie on the procedure to do so, if the board wanted to reconsider the case. The matter was already certified and cited under the Appearance Code. The board noted covering the car did not bring the case into compliance. 35 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 21, 2007 The board also discussed Mr. Lamb's lack of participation on the board. Attorney Tolces suggested authorizing the Chair to advise the City Clerk of Mr. Lamb's lack of participation and to ask the City Commission to appoint an individual. Motion Vice Chair Yerzy moved that with Mr. Lamb not participating in meetings for the last several months, he moved the board contact the City Commission and advised them of that fact. Mr. Foot seconded the motion that unanimously passed. Election of Chairperson, First and Second Vice-Chair. The board discussed nominating officers for the board. The City Commission would be appointing individuals to the board in April and there was agreement to defer the nominations to the next Code Compliance Board meeting as the first order of business. VIII. Adjournment Motion Second Vice Chair Simshauser moved to adjourn. Ms. Carroll seconded the motion that unanimously passed. Meeting properly adjourned at 11:05 p.m. e (I l fl I'l ~ I J - , ca~~~~ry-GUberman Recording Secretary 040507 36