Loading...
Minutes 05-16-07 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON MONDAY, MAY 16, 2007 AT 7:00 P.M. CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Lisa Simshauser, 2nd Vice Chair Kathleen Carroll Kathy Cook Robert Foot George Moyer (arrived 8:32 p.rn.) Scott Blasie, Code Compliance Administrator David Tolces, Assistant City Attorney ABSENT: Richard Yerzy, 1st Vice Chair I. Call to Order Chair Costantino called the meeting to order at 7:00 p.m. II. Election of Chairperson, 1st Vice Chairperson and 2nd Vice Chairperson Motion Mr. Foot moved to elect, without further nomination, the same slate; Ms. Costantino as Chair, Mr. Yerzy and Ms. Simshauser as 1st and 2nd Chair respectively. Attorney Tolces indicated the positions needed to be addressed separately. Vote Mr. Foot nominated Ms. Costantino as Chair. Ms. Costantino accepted the nomination. The nominations were closed. Ms. Cook seconded the motion. Ms. Costantino was elected Chair by vote of 4-1, (Ms. Carroll dissenting.) Motion Mr. Foot nominated Mr. Yerzy for 1st Vice Chair. Chair Costantino explained Mr. Yerzy was recently moved from an alternate to a regular position on the Board and had previously indicated to Chair Costantino, his willingness to continue on as 1st Vice Chair. Ms. Cook seconded the motion that unanimously passed. 1 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 16, 2007 Motion Ms. Cook nominated Ms. Simshauser for 2nd Vice Chair. Ms. Simshauser accepted the nomination. Ms. Carroll seconded the nomination. On vote, motion unanimously passed. III. Approval of Minutes Motion Mr. Foot moved to approve the March 21, 2007 meeting minutes with the amendments noted. Ms. Cook seconded the motion that unanimously passed. Motion Mr. Foot moved to table the approval of the April minutes to the next meeting. Ms. Simshauser seconded the motion that unanimously passed. IV. Approval of Agenda Code Officer Lewis requested Case #03-2123 be tabled to July 18, 2007. Motion Ms. Cook moved that Case #03-2123 be tabled until the Code Compliance Board Meeting to be held on July 18, 2007. Motion seconded by Ms. Simshauser and unanimously passed. Officer Lewis reported Case #07-793 and Case #06-3008 complied; Case #07-707 was removed. There were no other changes. Chair Costantino indicated she would make two announcements under Item VI, New Business. Motion Ms. Simshauser moved approval of the agenda as amended. Mr. Foot asked about adding a discussion of the content of motions on Certification of Fines with zero dollars per day, and with or without administrative fees. He reported the Orders were confusing. Attorney Tolces responded he would develop language. Ms. Cook seconded the motion that unanimously passed. 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 16, 2007 v. Swearing in of Witnesses and Introduction Attorney Tolces first conveyed his personal and professional sympathies on behalf of his law firm on the passing of Assistant City Manger, Wilfred Hawkins. He announced he had the opportunity to work with him and he was a fine person. Attorney Tolces explained the hearing procedures and administered the oath to all who would be testifying. Chair Costantino welcomed Loni Cohen, New Code Enforcement employee. As a representative of the Code Enforcement Board, and on a personal level, she expressed condolences on the passing of Assistant City Manager, Wilfred Hawkins. Code Officer Lewis called the roll and determined who was present. Case #07-593 Nayrot Realty Inc., Gary Orman and Innovative Window Concepts 1800 Corporate Drive BBA FBC '04 105.1.1 Electric, shelving and fans installed without permit. Licensed contractor shall file application, secure permits and receive inspections. Location: Violation( s): Peter McCray, Code and Licensing Inspector, presented the case and reviewed the details of the violations. Thirty days was given to comply, and the notice was posted on the property on May 9, 2007. He reported the Respondent was present. Gary Orman, 1801 Corporate Drive, pled guilty. He advised he was a tenant of the property and he anticipated the work would be completed by Friday. The permit was still in plans check for the shelving. Inspector McCray confirmed Mr. Orman's testimony. Mr. Orman thought he could comply within 60 days; however, Mr. Foot noted the business was operating in violation since October and recommended 10 days for compliance. Motion Based on the testimony and evidence presented in Case #07-593, Mr. Foot moved that this Board find that Nayrot Realty, Inc., Gary Orman and Innovative Window Concepts are in violation of the City of Boynton Beach Code sections as cited and moved to order that the Respondents correct the violations on or before May 26, 2007. The Board has considered the gravity of the violations, the actions taken by the Respondents and any 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 16, 2007 previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past May 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. Cook seconded the motion that passed 3-2, (2nd Vice Chair 5imshauser and Ms. Carroll dissenting). Chair Costantino requested Case #07-72 be moved up on the agenda. There were no objections to the request. Case #07-72 Marcia L. Weiser, et al 3701 Medford Ct. Liz Roehrich, Animal Control Supervisor, reviewed the details of the case. She explained a Cease and Desist Order was previously issued. There was one violation from May 1st of this year and she advised there were witnesses available to testify. Attorney Tolces explained the City would present its case and then Ms. Weiser could respond. He explained there would be no plea entered. Officer Roehrich informed the Board, her witnesses were Ms. Karen Hahn, Jennifer Hahn and Pam Norris would testify. She announced there was only one incident observed where the dog was off the leash. Ms. Karen Hahn, 3602 Medford Court, testified on May 1st at about 9:30 p.m. she was sitting with Pam Norris and her daughter. She left the patio to get something from her home and as she was approaching the parking lot, Ms. Weiser's dog ran to her. Ms. Hahn screamed. Ms. Weiser called her dog two or three times to stop and she came and got her dog. Ms. Hahn told Ms. Weiser to keep the dog on a leash, and that it was getting ridiculous. It was the second time Ms. Weiser's dog approached her aggressively. Ms. Kahn had told Ms. Weiser to keep the dog under control and she was afraid of her dog. Ms. Weiser responded the dog was trying to be friendly. Ms. Hahn did not feel that way. Ms. Cook asked if the dog's owner was observed with the dog when the dog was seen. Ms. Hahn responded she was, but the dog ran a distance of about 160' feet to her. There was a leash on the dog, but the dog was not under control, it just came at her. Ms. Weiser was in sight at the time. Ms. Jennifer Hahn, 3602 Medford Court, was with Karen Hahn, her mother, and Ms. Norris when her mother left to go back to the house and get something. Jennifer heard a loud bark and observed the dog running at her mother who yelled at the dog to stop. Ms. Weiser did tell the dog to stop a couple times and the dog did. 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 16, 2007 Ms. Pam Norris, 3702 Medford Court, testified Ms. Hahn and her daughter were at her home at about 9:30 p.m. on May 1, 2007, when Ms. Hahn left her porch to get something from her house. Ms. Norris heard the dog growl and bark, and Karen Hahn scream. She stood to watch and observed the dog running toward Karen Hahn. She heard Ms. Weiser say to Karen the dog was trying to say hello to her and Karen responding to Ms. Weiser she needed to get control of the dog. The dog was on a leash and Ms. Weiser did not have control of the leash. Ms. Weiser was approximately 150 feet away talking with a neighbor. Chair Costantino asked Karen Hahn if she was afraid of dogs, or just Ms. Weiser's dog. Karen Hahn responded she liked dogs, but she was afraid of this particular dog. Ms. Weiser's dog had approached Karen several times. It appeared she was approached in the evenings and Ms. Weiser's dog was protective of Ms. Weiser. For whatever reason, the dog had come at Karen two different times. Karen Hahn testified she told Ms. Weiser she was terrified of her dog and if the dog approached her again, she would use mace on the dog. Ms. Weiser responded if she did, she would be sorry. Officer Roehrich testified that Ms. Weiser had contacted her when she received service for the Notice of Hearing. Ms. Weiser had indicated to her that due to her disability, there are times when she is unable to physically restrain her dog, which is the way the Leash Law was written. Ms. Weiser indicated to her that it would be impossible due to her disability. Officer Roehrich felt it was a warning that the incidents could happen again in the future. Ms. Marcia Weiser, 3701 Medford Court, stated she did not believe she ever used the words she was unable to physically restrain her dog. She had mentioned that when she was eating, teaching or standing somewhere, if the dog is at her side, she was stepping on the leash. It is because she takes the dog with her wherever she goes. She disagreed with Officer Roerhich's statement that she stated to her she was unable to physically restrain the dog. Ms. Weiser stated the dog was under verbal command at all times and the only individuals who complained about the dog not being under command were the three witnesses, who appeared to come to every meeting to persecute her. There was a discussion about when Ms. Weiser was sitting and eating if she could physically restrain the dog and on the exact words she used in her discussion with Officer Roehrich. She requested Officer Roehrich retract her statement. Officer Roerhich did know know if she used those exact words, but explained having a dog at her side in a restaurant would be a reasonable accommodation for Ms. Weiser. Having the dog on common grounds in her neighborhood was a totally different set of circumstances than a restaurant. Ms. Weiser agreed, but contended she was misstated by Officer Roerhich. 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 16, 2007 Ms. Weiser questioned Jennifer Hahn's testimony that she heard the dog bark, when Ms. Norris testified it growled. Jennifer explained she did not have to use the exact same words as someone else and she heard the dog bark aggressively. Ms. Weiser asked why her car was not at the house. Jennifer responded it was and an exchange between Ms. Weiser, and the Board ensued about staying on track and pertinent questions. The Board interjected and indicated they were interested in hearing pertinent testimony; they did not think the location of the car was pertinent. Ms. Weiser countered it was and reported Ms. Hahn was not present and the incident never occurred. Ms. Weiser submitted an affidavit from her husband, as Exhibit 1, supporting Ms. Weiser's statements. Ms. Weiser wanted to know why Jennifer testified she was at Ms. Norris's home and why her car was not there. Ms. Weiser explained she was trying to show there would be a discrepancy in the testimony of the different witnesses. Ms. Cook noted Ms. Weiser indicated she was in verbal command but the Ordinance reads in "physical command". She asked if she was in 100%, at all times, in physical command of her dog. Ms. Weiser responded she was. Ms. Cook asked then why there were three individuals testifying she was not. Ms. Weiser explained her dog has been on a leash for over a year. She also asked what other witness Officer Roehrich had and why it was the same people testifying over and over again. Officer Roehrich responded she had an email from another witness who was not in town due to his father being ill. Ms. Weiser explained if someone was giving damaging "evidence" that she deserved an affidavit to that effect. Attorney Tolces announced there was no evidence introduced other than by the witnesses, and only the testimony of the witnesses was considered by the Board. Attorney Tolces announced Ms. Weiser had the right to question the witnesses present; she submitted her affidavit and argument to the Board and he suggested she present any other evidence to the Board so the Board could continue their deliberations. Ms. Weiser asked, if Karen Hahn was allegedly being attacked, why no body came to her rescue. Chair Costantino explained the witness never said she was attacked, only confronted and she was fearful. There was discussion about the number of times Karen Hahn walked past Ms. Weiser and her dog. Ms. Weiser explained each time the witness would walk as close as possible to her and the dog who is always well behaved. Ms. Weiser explained at the prior hearing, there were several old pictures submitted. She asked what proof the Board had other than the three people testifying, who have been harassing and persecuting her. Mr. Foot explained the witnesses were testifying under oath; he was unsure why Ms. Weiser was looking for pictures and thought it was unlikely the witnesses were following Ms. Weiser around. Ms. Weiser responded the witnesses sit on their patios with cameras and follow her around with cameras. 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 16, 2007 The Board summarized they were considering the testimony of three people saying the incident happened, and the defendant with her dog, who indicated it did not happen along with an affidavit in support of her statement from another individual. The Board explained they were only interested in hearing what occurred on May 1, 2007. Ms. Weiser announced she wanted to subpoena some individuals for the matter. Ms. Weiser announced she would prove beyond a reasonable doubt that the individuals testifying have a conspiracy against her. Attorney Tolces explained if Ms. Weiser wants to subpoena witnesses, she needed to ask the Board to subpoena them and the Board would decide whether it was necessary for a witness to be subpoenaed. Ms. Weiser explained she had a list of individuals she wanted subpoenaed. Attorney Tolces explained the names needed to be stated on the record and he asked her to state their names on record. There were no names entered into the record to be subpoenaed. Subsequently, the Board did not issue any subpoenas and they told Ms. Weiser they would not. Motion Based on the testimony and evidence presented in Case #07-72, Ms. Carroll moved that this Board find that the Respondent has not complied with the Board's Cease and Desist Order dated March 22, 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 $200 per day plus administrative costs and the Cease and Desist Order shall continue in place. Mr. Foot seconded the motion. Mr. Foot noted the hearing was March 21, 2007 and the date the Order was to become effective was March 22, 2007. Ms. Weiser indicated she had other witnesses she would like to subpoena. Attorney Tolces explained there was a motion and a second on the floor. He explained he asked her three times for the names of witnesses and she did not provide them. Ms. Weiser responded that was because the Board told her they would not give the subpoenas to her. Vote A vote was taken on the motion and was unanimously passed. Attorney Tolces advised a lien would be recorded on the property. Ms. Weiser asked if the lien would be recorded before the fine was paid, and Attorney Tolces explained the lien would be recorded whether or not she paid. Location: La Bella Properties, LLC. Dennis H. Hines, Reg. Agent Dennis Eakin, Tenant 3010 SW 14th PI. 10 Case #07-675 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 16, 2007 Violation( s): BBA FBC '04 105.1.1 H&H Pool Construction, Inc. Construction of loft and stairs without a permit and inspections. Sink and sewer line installed without permits. Contractor shall apply for and receive permits and inspections. Peter McCray, Code and Licensing Inspector, presented the case and reviewed the details of the violations. The deadline to comply was May 9, 2007. He reported the Respondent was present. Dennis Hines, 11545 Old Ocean Blvd., Unit D., Registered Agent, pled guilty. He advised he was the new building contractor and he submitted a building application, and he met with the applicable City staff on the issue. He requested 90 days to bring the violations into compliance and advised the issues were a pre-existing condition when the owner bought the building. Mr. Foot noted the applicant needed a business tax receipt since 2005, but the business had not been active. When the renovations are completed, a different business would occupy the space and a business tax receipt would be applied for. The business was going to be a pool construction company. Inspector McCray confirmed the comments made by Mr. Hines. Motion Based on the testimony and evidence presented in Case #07-765, 2nd Vice Chair Simshauser moved that this Board find that LaBella Properties, LLC, Dennis H. Hines, Registered Agent, and Dennis Eakin 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 August 14, 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 August 14, 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. Cook seconded the motion that unanimously passed. Case #07-296 Location: Violation(s): Ventrice Jackson 1634 NE 2nd Ct. CH 15-ART.IX-15-120(D).Inc. CH 15-ART.IX-15-120(E).Inc. Remove trash & debris from yard and swale. Sod needed for dead or bare spots. Paint house and repair screen 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 16, 2007 porch. Four-inch house numbers needed on residence. Officer Cain presented the case and reviewed the details of the violations. The sod issue was dropped due to the drought conditions. The only remaining violation was painting the house and the trash on the property. Ventrice Jackson, 1634 NE 2nd Ct, pled no contest and requested one week to comply and paint the house. She reported she was having a problem with the trash because she has a corner lot. A "No Littering" or "No Dumping" sign was installed on the property behind her but individuals were still dumping. Ms. Jackson also advised she wanted to wait until the rainy weather subsided and then paint. Chair Costantino suggested 30 days be given for compliance. Ms. Cook also noted the hurricane season was approaching. Officer Cain had photos he distributed to the Board. Motion Based on the testimony and evidence presented in Case #07-296, Ms. Carroll moved that this Board find that Ventrice Jackson 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 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 $50 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. Mr. Foot seconded the motion that unanimously passed. Case #07-511 Location: Violation( s): 1420 Holdings 1420 SW 30th Ave., Bay 4 BBA FBC '04 105. '04 105.1.1 BBA FBC '04 109.3 Permit required for rack shelving. Red Tag issued on February 22, 2007 Officer Guillaume presented the case and reviewed the details of the violations. He reported the Respondent was given 10 days to comply and was present. Raymond Greaves, 1520 SE 11th Street Deerfield Beach, the property owner, was present. He advised he had not been able to gain access to the property to view it and did not have the information needed to make a plea. He contacted the tenants, who used the space for a warehouse to take care of the violation but had not seen a building application yet. He requested 90 days to put pressure on the tenant to 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 16, 2007 alleviate the issue, but acknowledged legal action might be needed to correct the situation. Mr. Foot questioned how this case tied into the other two cases involving this property owner. Mr. Greaves clarified one case dealt with site plan maintenance. Ms. Cook thought since neither the owner or Code Inspector could enter the property, the matter should be tabled for 60 days. Mr. Greaves explained the tenants lease space there to store prefab cabinets and other types of stock. Chair Costantino expressed concern the shelving was substandard and with cabinetry, a serious injury could occur. She suggested giving 10 days to comply and a hefty fine. Mr. Greaves pointed out if 10 days was given to get into the space, and it needed permitting, he still would not be in a position to be finished. Chair Costantino explained she was trying to get Officer Guillaume in the premises and the Board would work together with him to correct the violation. Mr. Foot suggested allowing 30 days with a $100 to $250 fine. Motion Based on the testimony and evidence presented in Case #07-511, Mr. Foot moved that this Board find that 1420 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 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 $250 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. Ms. Cook seconded the motion. On vote the motion passed 4-1 (2nd Vice Chair 5imshauser dissenting.) The Board agreed to hear Case #05-2114 out of order. Case #05-2114 1420 Holdings, LLC 1420 SW 30th Ave. Code Officer Cain presented the case and reviewed the details of the violations. He advised the case was complied as of today. There were 116 days of non-compliance as of the hearing. Raymond Greaves, 1520 SE 11th Street Deerfield Beach, the property owner was present. He advised the violations occurred prior to Hurricane Wilma and everything was affected. He reported he had difficulties with the tenants which were finally resolved earlier in the year. One of the processes that took so long was the site plan maintenance. The entire property has been refurbished and he spent over $350K to 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 16, 2007 rehab it. Officer Cain had photographs he distributed to the Board and he testified the property was greatly improved and was satisfactory. The Board noted the Respondent made an effort to comply, in spite of the long period of time it took to do so. There was a lot of work to be done with trying circumstances with the tenants, which resulted in eviction proceedings. Attorney Tolces explained the Board has the authority to certify whatever amount of the fine it felt was appropriate. Motion Based on testimony and evidence presented in Case #05-2114, Mr. Foot moved that this Board find that the Respondent, 1420 Holdings, LLC, was in violation of the City of Boynton Beach Code Sections as cited, subsequent to the date of compliance specified in this Board's Order of December 20, 2006, and in consideration of the gravity of the violations, the actions taken by the Respondent to remedy the violations, and previous violations of the Respondent, that this Board impose and certify a fine in the amount of $37.50 per day plus administrative costs of $1,090, for a total of 116 days of non- compliance. Motion died for lack of a second. Motion Ms. Carroll stated she would "repeat Mr. Foot's motion, however I would recommend $2,690.45." Ms. Cook seconded the motion. Ms. Cook asked if that amount included administrative costs. Ms. Carroll responded it did. The motion unanimously passed. Mr. Foot indicated the way the motion was set up was it had to be divided out to come up with a certification as to a fine of so much per day. Ms. Carroll explained she did not think she had to divide it out she just had to pick a number. Mr. Foot suggested she start her motion again because he had referred to the number of days and so much per day. There was no further discussion taken on this item. Case #07-694 Location: Violations: Martin & Sauceda Velasquez 390 Miner Road CH 15-ART.IX.15.( 120)D.Inc. Sod yard & swale area. Remove debris and unregistered and inoperable vehicles 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 16, 2007 Officer Pierre presented the case and reviewed the details of the violation. He clarified the sod violation was removed due to the drought conditions. Service was obtained by posting on May 9, 2007. Martin Velasquez, 390 Miner Road, pled no contest and explained he was confused. He indicated the tags and registration for the vehicles were current. Officer Pierre distributed photos to the Board and advised he had no proof of registration for the trailer. The Board decided an additional 10 days would be appropriate. Motion Based on the testimony and evidence presented in Case #07-694, Second Vice Chair Simshauser moved that this Board find that Martin and Sauceda Velasquez 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 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 violations continue past May 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 #07-831 Location: Violations: Juan Portalatin 10 NE 22nd Avenue BBA FBC '05.1.1 Expired Permit for air conditioner Officer Pierre presented the case and reviewed the details of the violation. Service was obtained by certified mail. Juan Portalatin, NE 22nd Avenue pled not guilty. He explained he spoke with his contractor who advised him the contractor who installed the air conditioner indicated Code Enforcement was contacted. Chair Costantino explained a final inspection needed to occur before the permit expired. Attorney Tolces explained the responsibility to have all inspections occur rests ultimately with the homeowner. The homeowner should contact the Building Department and investigate renewing the permit. Motion Ms. Carroll moved that Case #07-831 be tabled until the Code Compliance Board meeting to be held on June 20, 2007. Second Vice Chair Simshauser seconded the motion that passed, 4-1, (Mr. Foot dissenting.) 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 16, 2007 Case #07-520 Location: Violations: Deliverance Holy Temple, Inc. 202 NW 9th Avenue 105.11 BBA Obtain licensed contractor to get air conditioner permits. Four times fee will apply. Chief Code and Rehab Officer Roy presented the case and reviewed the details of the violation. The affidavit of service was posted at City Hall. Officer Roy advised the matter was to be addressed but as of yesterday, it was not. Pastor Smith, Deliverance Holy Temple, Inc., pled no contest and requested 30 days. The Board had no objection to the request. Motion Based on the testimony and evidence presented in Case #07-520, Mr. Foot moved that this Board find that Deliverance Holy Temple, Inc. 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 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 $50 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. Ms. Cook seconded the motion that unanimously passed. The Board agreed to hear the Fine Certification case for this respondent out of order. Case #06-678 Deliverance Holy Temple, Inc. 202 NW 9th Ave. Chief Code and Rehab Officer Roy presented the case and reviewed the details of the violations. Service was obtained for the hearing by posting. The violation still existed at 45 days. (Board member George Moyer arrived at the meeting.) Pastor Smith, Deliverance Holy Temple, Inc., was present. He explained he applied to the City for permits to repair the hurricane damage. There was roof, drywall, and water damage. The City issued the permit to do the work. Later, as funds were raised and the work nearly completed, the City revoked the permit and indicated they could not issue a permit to an incorporated entity. Pastor Smith did the work himself and advised he could not afford to hire a general contractor, but had to. He clarified he was only 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 16, 2007 replacing damaged items and not changing them. The issue date of the original permit was February 3, 2006. Scott Blasie, Code Compliance Administrator, explained he met with Quintus Greene and Pastor Smith not long after the permit was voided. The issue was the funds to get the contractor for the work. He explained they tried to work together as long as possible, but advised eventually, if the issue was not addressed, it would be brought before the Board. Pastor Smith explained he retained a general contractor, and the issue was left up to the Board. Officer Roy testified someone, or a tenant, was living in the church. Pastor Smith explained he was there 24 hours per day and only him. Officer Roy thought the remodel was extensive. Pastor Smith explained it was; however, they were just replacing the damaged items and he attempted to obtain the permit and do the work honestly. Attorney Tolces advised the State requires an entity that was incorporated to use a general contractor, and the City was authorized to revoke the permit when it realized its error. There was discussion the Respondent was not at fault, and he followed the proper procedure; it was a miscommunication. Mr. Blasie understood there were financial constraints but there was ample time to have some movement. Motion Ms. Carroll moved that Case #06-678 be tabled until the Code Compliance Board meeting to be held on June 20, 2007. Second Vice Chair Simshauser seconded the motion that unanimously passed. Case #07-631 Location: Violations: Irena Charles & Elioths Dumontois 2170 S Seacrest Blvd. CH15-ART-IX-15-120(D).1.Inc. CH15-ART-IX-15-120(E).Inc. Sod bare areas of yard & swale, trim overgrowth, remove trash, clean driveway, replace fascia boards and replace garage door. Officer Webb presented the case and reviewed the details of the violations. He reported the sod violation was removed due to the drought conditions and the trash was taken care of. Service was obtained for the hearing via certified mail. He also advised the Respondent was present. 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 16, 2007 Elioths Charles, 2170 S. Seacrest Boulevard, was present and pled no contest. He requested 60 days. Motion Based on the testimony and evidence presented in Case #07-631, 2nd Vice Chair Simshauser moved that this Board find that Elioths Dumontois and Irena Charles 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 July 15, 2007. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondent and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25 per day for each day the violation continues past July 15, 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 #06- 2782 Boynton Flex LLC 3479 High Ridge Rd. Disaster America of Florida Peter McCray, Code and Licensing Inspector, presented the request and reviewed the case history. Mr. Reuben representing Boynton Flex, LLC and Terry Hus, Senior Project Manager representing Disaster America were present. Mr. Rubin reported things were progressing. Inspector McCray reported the outstanding issue was the mezzanine remodel. A short discussion ensued about whether proof of having a permit was considered compliance and it was not. Inspector McCray advised the Respondents were still in the process of having the permit issued. There were comments that had to be addressed. Ms. Cook explained the Respondents were cited and asked to provide proof of permitting, which they did. Inspector McCray explained the permit was applied for as the result of being cited. Final inspections still needed to occur on the completed work. Ms. Cook thought it would be prudent to cite them for inspections and proof of permitting. She requested better clarification of the issues in the future. Officer McCray explained the contractor's understanding when the comments were issued, was that some issues had passed, and others had to be resubmitted. The architect and engineer missed items and kicked them back. There were still revisions needed in blueprints, and the permit had not been issued. Once the permit was issued, the case would be closed. Mr. Hus advised he believed there was a permit on the job. 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 16, 2007 Motion Ms. Cook moved that Case #06-2782 be tabled until the Code Compliance Board meeting to be held on June 20, 2007. Ms. Carroll seconded the motion that unanimously passed. Case #06-1839 Chackman Motels Inc. 706 W. Boynton Beach Blvd. Officer Cain presented the case and reviewed the details of the violations. He explained the Respondent complied as of May 9, 2007, having 220 days of non-compliance. Leonard Chackman, 17914 Lake Estates Drive, Boca Raton, owner and operator of Gateway Shopping Center was present. He indicated much of the work was ongoing and he did not realize there was a landscaping problem. Originally it was thought to be minor but it was not and they requested extensions. The work was completed and they were compliant, but they did not realize the amount of effort needed. He explained he was happy they were done, and requested whatever consideration could be given. Ms. Cook expressed concern why no one appeared. Mr. Chack explained since the work was ongoing, he thought that was compliance, but it took about two months for the landscaping to be completed at a tremendous cost. Finally the work was finished. Officer Cain pointed out the general contractor, Scott Collier, for the project had appeared. Mr. Foot explained the total cost was about $56K, and was intended to catch the owner's attention. He suggested recovering about 25% of those costs, which was about $14K. Ms. Carroll thought the Respondent made the effort and suggested recovering $1,000 over the administrative costs. Mr. Foot disagreed and elaborated if an example was not set, the hearings would not deter any future violations. Further discussion followed that the Board was cognizant of the types of repairs needed and the time spent to comply was a long time. Ms. Cook indicated she would not consider less than $5K, all fees included. Officer Cain asked the Board to remember with the parking lot and landscaping violations, there were other liens on the property. Motion Based on testimony and evidence presented in Case #06-1839, Ms. Cook moved that this Board find that the Respondent, Chackman Motels, Inc., was in violation of the City of Boynton Beach Code Sections as cited, subsequent to the date of compliance specified in this Board's Order of September 20, 2006, and in consideration of the gravity of the violations, the actions taken by the Respondent to remedy the violations, 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 16, 2007 and previous violations of the Respondent, that this Board impose and certify a fine in the amount of $5,000 inclusive of all administrative costs, for a total of 220 days of non-compliance. Mr. Foot seconded the motion that passed 4-2 (Ms. Carroll and Mr. Moyer dissenting.) Case # 06-1915 Antoine Celestin and Christine Joseph 432 NE 22nd Avenue Code Officer Lewis presented the case and reviewed the details of the violations. Laura Celestin, 2420 NE Second Court, explained this was her father's house. She announced they obtained a contractor for the windows and the permit application was submitted. They received comments and need architects to redraw the inside of the dwelling before they could do anything with the garage. Ms. Cook noted there was an $llK fine accruing. Ms. Celestin was aware of that fact and advised they were just waiting for the architect and as soon as they could get a contractor they would start the job. Officer Lewis explained there was nothing applied for as of today and he could not allow the issue to continue to be tabled. The Respondents could always apply for a lien reduction later. Ms. Celestin explained they now had the funds to do the job. They were just waiting for the permit and signed an agreement with the contractor. Motion Based on the testimony and evidence presented in Case #06-1915, Mr. Moyer moved that this Board find that the Respondent has not complied with this Board's Order dated September 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 $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. (Second Vice Chair Simshauser left the dais at 9:11 p.m.) Case #06-1536 Dorothy R. Donlon, Est. 634 SW 1st Court Officer Cain presented the case and reviewed the details of the violations. He announced the Respondent was present. Gayle Shaia, 3864 Quentin Avenue, Boynton, representing the Donlon Estate was present. She explained her parents bought the house in 1959, and were the first owners in Lake Boynton Estates. Her mother died and Hurricane Francis hit, followed by Hurricane Jean and as a result, trees came down on the property. Ms. Shaia explained 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 16, 2007 when she received the notice, she fixed the shutters and painted the house. All the money went to remove the downed trees from the street. Ms. Shier reported she was selling the house and received notice again. She contacted Mr. Blasie to have the new owner meet with the officer about the issue, but the owner backed out. After the hurricane, housing prices dropped. Her parents owned two lots, one of them being vacant. She advised they now had a second owner interested in purchasing the property and she contacted Officer Lewis. She was unaware she would have to go through the probate system. She finally found the deed and explained she was trying to maintain the house in a clean, and neat condition. The roof was supposedly repaired, but once trees were removed, it was discovered it was not. (Second Vice Chair Simshauser returned to the dais at 9:14 p.m.) A new owner will take possession of the home in 60 days. She reported some of her mother's belongings were robbed and there was a second loan on the house. She advised she had a signed contract to sell the property, but it was not currently on her person. A discussion ensued about the obligations of the estate and starting the process all over. It was noted the fine was $3,600, which could be certified. The new owner could request a reduction citing mitigating circumstances. Motion Based on the testimony and evidence presented in Case #06-1536, Ms. Cook 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 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 Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. There was another case involving the same Respondent. Case #07-86 Dorothy R. Donlon, Est. 634 SW 1st Court Officer Lewis presented the case and reviewed the details of the violations. He announced he had a separate case just to repair or replace the driveway. The Respondent was present and she indicated she was unsure what the difference was between this case and the prior case. It was explained the first case dealt with debris, painting the house, fascia boards, and this case dealt with just the driveway. Gayle Shaia, 3864 Quentin Avenue, Boynton Beach, representing the Donlon Estate was present. 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 16, 2007 Motion Based on the testimony and evidence presented in Case #07-86, Ms. Cook 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 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 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 #06-3118 Karl Schultz 1991 NE 1st Lane Officer Cain presented the case and reviewed the details of the violations. He advised the roof is now in compliance but some violations were still outstanding and he last visited the property on Tuesday. The Respondent, Mr. Schultz was present. Karl Schultz, 192 Parr Drive, Royal Palm Beach was present. He indicated the occupational license was not granted because the tenant would not let him in and the premises could not be inspected. That was the only remaining violation. Officer Cain explained they met with the police and there would be a meeting with an attorney for the tenants who would let the parties in. Motion Mr. Foot moved that Case #06-3118 be tabled until the Code Compliance Board meeting to be held on June 20, 2007. Ms. Carroll seconded the motion that unanimously passed. Case #07-251 3801 Quantum LLC 3801 Quantum Blvd. Officer Lewis presented the case and reviewed the details of the violations. He advised the Respondent was present. Officer Lewis explained the case came in as a complaint. Dale Vander Plug, Olen Properties, 1062 Coral Ridge Dr., Coral Ridge, was authorized to speak on behalf of his partners. He explained there was an error on the filing address for the corporation and the notice went to the wrong location. He became aware of the violation at the end of April and addressed it right away. The property has become the dumping ground for the area. Motion Based on testimony and evidence presented in Case #07-251, Mr. Foot moved that this Board find that the Respondent, 3801 Quantum LLC, was in violation of the City of Boynton Beach Code Sections as cited, subsequent to the date of compliance specified 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 16, 2007 in this Board's Order of March 21, 2007, and in consideration of the gravity of the violations, the actions taken by the Respondent to remedy the violations, and previous violations of the Respondent, that this Board impose and certify a fine in the amount of $634.12 per du'y' including administrative costs. Ms. Carroll seconded the motion that unanimously passed. Case #01-2563 Rose E. Exantus Isaac Amos 738 SW 1st. Ave. Code Compliance Administrator Blasie presented the Lien Reduction and detailed the violations. He explained this case was originally sited on September 26, 2001, due to a Red Tag issued on September 13, 2001. He had two photos he showed to the Board. The Respondent was present. Service for the December 19, 2001 hearing was made via hand delivery. Rose Exantus, 738 SW 1st Avenue, viewed the photos. Her nephew, Samuel Preveau, 1417 W. Tremos Street, Lantana translated for her. Ms. Exantus indicated her husband put up the wall, but he got sick and passed away. The City said to take the wall down and she paid someone to take it down. She did not know she had to appear. After the wall was taken down, the City sent a note to call to arrange pickup for the debris, which she did. It was explained to Ms. Exantus that she still had to contact Code Enforcement to close the case. The Board complimented her and commented the property was very attractive. There was a short discussion about the reduction amount. Motion Based on testimony and evidence presented in Case #01-2563, Ms. Cook moved that this Board find that the Respondents, Rose Exantus and Isaac Amos 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 December 19, 2001, 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 Respondents that this Board impose and certify an amount of zero per day including administrative costs. Ms. Carroll seconded the motion. Mr. Foot suggested a fee of $250 to recapture the Board's administrative fees. Vote The motion passed, 5-1 (Mr. Foot dissenting.) Mr. Blasie explained the lien reduction procedures to all the lien reduction applicants. 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 16, 2007 (The Board recessed for a break at 9:47 p.m.) (The Board reconvened at 9:56 p.m.) Chair Costantino requested hearing Case #04-2201 first. The Board had no objections to the request. Ms. Cook returned to the dias at 9:58 p.m. Attorney Tolces administered the oath to all persons who would be testifying. Case #04-2201 Monica Robinson 161 NE 17th Court Mr. Blasie presented the case and reviewed the details of the violations. He explained compliance was documented on May 3, 2007; however, this case had extenuating circumstances. He distributed photographs to the Board and noted the Respondent maintains a nice property. The Respondents got a good deal on concrete and a small slab was poured adjacent to the driveway and a sidewalk, but they did not have a permit. The property was Red Tagged by the Building Department and the matter was forwarded to Code Enforcement. Mr. Blasie indicated when she arrived to make application for the permit, the inspector indicated he had seen the work and would sign off on it. The inspector did not definitely recall making the statement but agreed it could have been said. Ms. Robinson had not called for an inspection so the property did not actually comply. Since the case was neither affirmed or denied, it was recommended it be removed from the books. Monica Robinson, 161 NE 17th Court agreed with the comments made. Motion Based on testimony and evidence presented in Case #04-2201, 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 #04-2201, by virtue of this Board's Order of October 20, 2004, to an amount of zero including administrative costs. Ms. Cook seconded the motion that unanimously passed. Case #96-4225 The Triumph Church and Kingdom of God in Christ 111 NW 10th Ave. Code Compliance Administrator Blasie explained this Respondent actually had two lien reduction cases, one case for grass and one for the parking lot. 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 16, 2007 Mr. Blasie presented the case and reviewed the details of the violations. The case originated August 9, 1996 and was cited for sod. He had photos he distributed to the Board, two of them taken on May 16, 2007, one dated February 14th and a fourth photo taken October i5, 1996. Gene Mitchell, 2483 SW Old Wire Road, Lake City Florida was present, as was Rev. E. J. Maddox, 614 NW 5th Street, Boynton Beach. Mr. Blasie reviewed the photos with them. Chair Costantino expressed concern that no one appeared regarding the sod violation. Rev. Maddox explained they had several appearances here. When he became pastor in 2000, he inherited several problems and they complied as fast as they could. The grass and sod issue arose in 1996 because the original parking lot was shell rock and grass was growing up through the shell rock. They were told no vegetation could grow in the parking area, and that was the initial violation. Then they were told to put shell rock there, which they did. The parking lot violation came in 2000. Mr. Mitchell explained the mail was going to the previous overseer in Miami, who was elderly. They believe someone else was receiving the mail and signing for it, but they were not getting it. He explained the finances were an issue, the area was blighted and the building was no longer occupied. Mr. Blasie confirmed the mail was going to the incorrect address in Miami. He advised the representative had worked with the City in different areas and they have been supportive of the City and the community over the years. Motion Based on testimony and evidence presented in Case #96-4225, 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 #96-4225, by virtue of this Board's Order of October 16, 1996, to an amount of $250 including administrative costs. Second Vice Chair Simshauser seconded the motion that unanimously passed. Case #00-611 The Triumph Church and Kingdom of God in Christ 111 NW 10th Ave. Mr. Blasie presented the case and reviewed the details of the violations. The case originated in March 23, 2000 for the parking, hedges, trash and debris. He reported Rev. Maddox did appear. He distributed photos to the Board taken in 2001 and 2005, when they complied. He explained the photos clearly showed the scope of work that needed to take place to comply. 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 16, 2007 Gene Mitchell, 2483 SW Old Wire Road, Lake City Florida was present as was Rev. E. J. Maddox, 614 NW 5th Street Boynton Beach. The Board noted the Respondents spent in excess of $40K for the parking lot. They were unsure what their plans were for the property. They explained the congregation was too small to support the upkeep and they wanted to sell the property or have other uses for it. Motion Based on testimony and evidence presented in Case #00-611, 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. Cook moved that this Board reduce the fines instituted in Case #00-611, by virtue of this Board's Order of December 20, 2000, to an amount of $250 including administrative costs. Mr. Foot seconded the motion. The church was held by the Triumph Church and Kingdom of God in Christ, First Episcopal District and they would be responsible for the maintenance. The current overseer resided in Atlanta. Vote There was a vote on the motion that unanimously passed. Case #04-443 Gary J. Bataille 1498 NW 1st St. Code Compliance Administrator Blasie presented the case and reviewed the details of the violations. He explained the case was Red Tagged. The case was originally sited on March 9, 2004. Compliance was documented. Mr. Blasie explained Mr. Bataille immediately addressed the issue when it occurred and started working on the permitting. Mr. Blasie had photographs he showed to the Board. Mr. Bataille provided a summary of events and explained he and his brother took the contractors exam and when he passed, he did the work. Chair Costantino asked how he learned about the lien. Mr. Bataille explained he received a letter advising him about the matter. Ms. Cook did not feel it should have taken two years. Mr. Blasie explained the permit was final on 10-17-06 and advised the Board he had a list of repairs. Motion Based on testimony and evidence presented in Case #04-443, 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. Cook moved that this Board reduce the fines instituted in Case #04-443, by virtue of this Board's 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 16, 2007 Order of October 17, 2006, to an amount of $250, including administrative costs. Ms. Carroll seconded the motion. Mr. Foot thought the amount should be $1,300 in order for the City to be reimbursed for its inspection costs. Vote There was a vote on the motion that passed 4-2, (Mr. Moyer and Mr. Foot dissenting.) Code Compliance Admoinistrator Blasie noted Cases #03-3114 and #03-2692 had violations that were almost identical. He thought the Board should dismiss, or certify the Case #03-3114 for no fine. He explained these cases were initiated within two months of one another for basically the same violation. The mix-up occurred when the Police Department went there with a warrant and called out Code Enforcement and no one checked on the issue. He requested using the standard reduction procedure for Case #03-2692 and bear in mind the remaining case would really be moot. He advised the Respondent was compliant. Case #03-2692 Grady L. Frederick 1413 N. Sea crest Blvd. Mr. Blasie presented the case and reviewed the details of the violations. He inspected the property, both inside and out, and advised all violations were repaired. The issues documented by the Police were corrected. Grady Frederick, 1413 N. Seacrest Blvd, Boynton Beach, was present and explained the property was fixed a year ago. He did not know he had to come before the Board to close the matter. When he did realize the matter, he had to go to the hospital for surgery. When he came out of the hospital, he contacted Code Enforcement and obtained a permit for the awnings, and had them final the home. Mr. Frederick reported he resides at the dwelling and the matter arose when his daughter and her aunt had been selling drugs outside and got caught. Ms. Cook noted the condition of the house was deplorable at that time. Mr. Frederick agreed, but commented he would not let the house return to that condition. Motion Based on testimony and evidence presented in Case #03-2692, 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 #03-2692, by virtue of this Board's Order of November 19, 2003, to an amount of $3,326.18 including administrative costs. Ms. Cook seconded the motion that passed 4-2, (Ms. Carro/I and 2nd Vice Chair 5imshauser dissenting.) 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 16,2007 Motion Ms. Cook moved that Case #03-3114 be reduced to zero, including administrative costs. Second Vice Chair Simshauser seconded the motion that unanimously passed. Case #07-580 Jacques Daniel Trust Murielle Lemieux Hurricane Construction, LLC. 617 W. Industrial Ave. FBC '04 ED SEC 302.3.2 FMC '04 ED SEC 403.1 PTC-LDR.CH20-VIII.SEC2.C Ventilation System Requirements Operating a business without a Business Tax Receipt Location: Violation(s) Code and Licensing Inspecter, Peter McCray presented the case and reviewed the details of the violation. Proof of service was obtained via certified mail and posted. The Respondent was present. Murielle Lemieux pled no contest. She explained she got confused in the process but had applied for a permit. She had a letter from engineering that her application was in plans review. She expressed she could complete the work within 30 days. Ms. Cook commented on the record that she was concerned the business was operating without the proper license and there was a tenant. Motion Based on the testimony and evidence presented in Case #07-580, 2nd Vice Chair Yerzy moved that this Board find that Jacques Daniel Trust, Murielle Lemieux, and Hurricane Construction, LLC 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 June 15, 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 $75 per day for each day the violations continue past June 15, 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. Cook seconded the motion that unanimously passed. Case #06-2472 Location: Violations: Philip &. Dorothy Di Nizo 444 SW 7th Ct. BBA FBC '05 105.1.1 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 16, 2007 PT3-LDR.CH2.5EC.4.E CHP.13, ART. 1 SEC 13-16 Permit application required, visual obstructions and business tax receipt required Code Compliance Administrator Blasie requested this item be tabled. He reported he believed the Respondents may have misunderstood the meeting. They had a violation for a fence and a shed with no permits. Mr. Blasie explained they have always been in touch with him. They applied for a variance fence and he has not heard from them. His sense was they were possibly excused from the meeting because they applied for the variance. Motion Ms. Carroll moved Case 06-2472 be tabled until the Code Compliance Board meeting to be held on June -1-5, 20, 2007. Mr. Foot seconded the motion that unanimously passed. Case #06-3157 Location: Violations: Tracy Tinari 2011 NW 2nd Street CH15-ART.IX-15-120(D).Inc. 13-16 BBC. of Ord. Remove trash and debris, remove lawn mowers, motorcycles, ladders and obtain Rental License for the home Code Officer Cain presented the case and reviewed the details of the violation. He reported service was obtained on April 23, 2007 via certified mail. The City recommended 10 days to correct the violations. Motion Based on the testimony and evidence presented in Case #06-3157, 2nd Vice Chair Simshauser moved that this Board find that Tracy Tinari 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 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 $50 per day for each day the violation continues past May 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- 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 16, 2007 Case #07-275 Location: Violations: Milot, Marie &. Jean Fleurant 1525 NE 2nd Street 10-2 BBC or Ord. CH15-ART.IX-15-120(D).Inc. Repair driveway apron, remove appliances and open stored items from carport. Remove Florida Holly Trees, weed yard, repair or remove fence, install sod in bare spots, and trim hedges and trees Code Officer Cain presented the case and reviewed the details of the violation. He reported proof of service was obtained via certified mail. The City recommended 30 days to correct the violations. Motion Based on the testimony and evidence presented in Case #07-275, Ms. Cook moved that this Board find that Milot, Marie and Jean Fleurant 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 June 15, 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 $100 per day for each day the violation continues past June 15, 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 #07-719 Location: Violations: Joseph &. Marie Luma 1637 N. Seacrest Blvd. BBA FBC '04 105.1.1. CH 15-ART. IX -15-120(D). Inc. PT3-LDR.CH2.5EC.5.E. Stop repair work and remove all vehicles, parts & equipment from rear of property. Permit required for shed, fence and driveway. Code Officer Cain presented the case and reviewed the details of the violations. He reported proof of service was obtained via certified mail. The City recommended 10 days to correct the violations. 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 16, 2007 Motion Based on the testimony and evidence presented in Case #07-719, Ms. Carroll moved that this Board find that Joseph & Marie Luma 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 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 $100 per day for each day the violation continues past May 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. Second Vice Chair Simshauser seconded the motion that unanimously passed. Case #07-867 Location: Violations: Stephen Frazier 1616 NE 2nd Street CHP .13.ART.1.SEC.13-16 CH 15-ART,IX-15-120(D),Inc. Remove all open storage items from carport. Renting residence without current business tax recei pt Code Officer Cain presented the case and reviewed the details of the violation. He reported proof of service was obtained via certified mail. The City recommended 15 days to correct the violations. Motion Based on the testimony and evidence presented in Case #07-867, Ms. Carroll moved that this Board find that Stephen A. Frazier 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. Ms. Cook seconded the motion that unanimously passed. Case #07-716 Location: Violations: Cameaux & Marie Danois 720 S. Ocean Avenue. CH 15-ART,IX-15-120(D),Inc. 28 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 16, 2007 CH 15-ART.IX-15-120(E).Inc. Remove, replace or repair deteriorated fence. Code Officer Lewis presented the case and reviewed the details of the violation. He reported proof of service was obtained via certified mail. The City recommended 30 days to correct the violations. Motion Based on the testimony and evidence presented in Case #07-716, Ms. Cook moved that this Board find that Cameaux & Marie Danois 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 June 15, 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 violation continues past June 15, 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 #07-717 Location: Violations: Nayan & Rita Patel 37 Buxton Lane BBA FBC '04 105.4 BBA FBC '04 105.1.1. Secure permits for electrical, mechanical and building interior remodeling work. Obtain inspections. Work started prior to obtaining permits, four times fee is applied. Code Officer Lewis presented the case and reviewed the details of the violation. He reported proof of service was obtained via certified mail. The City recommended 6 days to correct the violations. Motion Based on the testimony and evidence presented in Case #07-717, 2nd Vice Chair Simshauser moved that this Board find that Nayan and Rita Patel 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 July 18 2007. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by 29 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 16, 2007 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 July 18, 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 #06- 2033 BG Meadows Square, LLC BG Meadows Square, LLC Marathon 4791 N. Congress Ave. CH15-ART.IX-15-120(D)1.Inc. CH15-ART.IX-15-120(E).Inc. Appearance/maintenance, private property, exterior building, repair ceiling over gas pumps, weed and install grass, clean up whole area. Location: Violations: Code Officer Melillo presented the case and reviewed the details of the violation. He reported proof of service was obtained via certified mail. The City recommended 10 days to correct the violations. He elaborated the canopy was supposed to be fixed. Motion Based on the testimony and evidence presented in Case #06-2033, Ms. Carroll moved that this Board find that BG Meadows Square, LLC and BG Meadows Square, LLC Marathon 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 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 $250 per day for each day the violation continues past May 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. Mr. Moyer seconded the motion that unanimously passed. Case #07-795 Location: Violations: Claudio Gelis &. Elena Plaza 728 NE 8th Avenue 20-6. BBC or Ord. Remove boats, trailers and jet skis. R.V. parking on property. Only 2 recreational vehicles allowed to park on the property. 30 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 16, 2007 Code Officer Melillo presented the case and reviewed the details of the violation. He reported proof of service was obtained via certified mail. The City recommended 10 days to correct the violations. Motion Based on the testimony and evidence presented in Case #07-795, Ms. Carroll moved that this Board find that Claudio Gelis & Elena Plaza 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 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 $100 per day for each day the violation continues past May 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. Cook seconded the motion that unanimously passed. Case #07-834 Location: Violations: Biart Realty Corp Inc. 555 N. Railroad Ave. PT3-LDR.CH2.5ECA.N. PT3-LDR.CH2.SEC.6.D.1. Remove outside storage and trash Officer Melillo reported this case complied. Motion Ms. Cook moved to dismiss. Mr. Foot seconded the motion that unanimously passed. Case #06-2042 Location: Violations: Riverwalk Plaza Joint Venture 1620 S. Federal Highway PT3-LDR.CH 4 SEC.11 PT3-LDR.CH7.5-11.SEC5.B LDR CH20.ART.I-SEC 8 F13 PT3-LDR.CH23-ART II.O Site maintenance required. Repair hole in parking lot, restripe. Landscape maintenance required, weed and sod per site plan. Replace trees, repair signs and do not enter signs. Repair 31 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 16, 2007 concrete walls & poles and stucco. Six-inch house numbers are required. Officer Pierre presented the case and reviewed the details of the violations. He reported proof of service was obtained via certified mail. The City recommended 30 days to correct the violations. Motion Based on the testimony and evidence presented in Case #06-2042, Mr. Foot moved that this Board find that Riverwalk Plaza Joint Venture 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 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 $250 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. Ms. Carroll seconded the motion that unanimously passed. Case #07-703 Location: Violations: Avon Investments Inc. 2625 N. Lake Dr. BBA to FBC '04 109.3.10 Fill and bring easement up to grade so wall will meet Code. Sod easement area. Code Officer Pierre presented the case and reviewed the details of the violation. He reported service was obtained via posting. The City recommended 30 days to correct the violations. Motion Based on the testimony and evidence presented in Case #07-703, 2nd Vice Chair Simshauser moved that this Board find that Avon Investments Inc. 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 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 $50 per day for each day the violations continue 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 32 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 16, 2007 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 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. Ms. Cook seconded the motion that unanimously passed. Case #06-4139 3149 Location: Violations: Ella and L.L. Lester 406 NW 7th Avenue PT3-LDRCH2. SEC.5.D.1. 14-3 BBC of Ord. Chapter 14, SEC.14-5 1-B Remove open storage from property and behind fence. Remove truck and trailer parked on property and truck parked in the street. Chief Code and Rehab Officer, Pete Roy, presented the case and reviewed the details of the violation. He reported proof of service was obtained via certified mail. The City recommended 30 days to correct the violations. Motion Based on the testimony and evidence presented in Case #06-4139 2nd Vice Chair Simshauser moved that this Board find that Ella and L.L. Lester 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 June 15, 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 $75er day for each day the violation continues past June 15, 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. Cook seconded the motion that unanimously passed. Case #07-688 Location: Violations: Sarah Brown 529 NW 13th Avenue BBA FBC '04 105.1.1. Permits required for carport supports. 33 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 16, 2007 Based on the testimony and evidence presented in Case #07-688 Mr. Moyer moved that this Board find that Sarah Brown 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 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 $50 per day for each day the violation continues past May 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 #07-131 Location: Violations: Moreen D. Palmer 111 SW 11th Ave. BBA FBC '04 105.1.1. CH 15-ART/IX-120(D)1.Inc. LDR CH20 ART 1 SEC 8 E-16 Permit needed for driveway extension, remove trash and debris from rear yard & dilapidated shed. Repair screened porch and place four- inch numbers on house to be visible from the street. Code Officer Webb presented the case and reviewed the details of the violation. He reported service was obtained via certified mail. The City recommended 15 days to correct the violation. Motion Based on the testimony and evidence presented in Case #07-131, Ms. Carroll moved that this Board find that Moreen D. Palmer 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. Ms. Cook seconded the motion that unanimously passed. 34 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 16, 2007 Case #07-166 Location: Violations: Richard Petti 131 SE 3rd Avenue CH15-ART.IC-15-120(D)1.Inc. PT3-LDR.CH2 .5EC.6. B. 2. Weed yard and sod. Remove all outside storage items not actively being used. Code Officer Webb presented the case and reviewed the details of the violation. He reported service was obtained via certified mail. The City recommended 90 days to correct the violation. Motion Based on the testimony and evidence presented in Case #07-166, Ms. Carroll moved that this Board find that Richard Petti 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 August 14, 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 August 14, 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. Location: Violations: Latortue M. &. Presendieu H, Latortutue Mecene, Thermitus Manite 112 SW 5th Avenue CH15-ART.IC-15-120(D)Inc. Repair driveway apron and sod bare areas in swale. Case #07-265 Code Officer Webb presented the case and reviewed the details of the violation. He reported service was obtained via certified mail. The City recommended 60 days to correct the violation. Motion Based on the testimony and evidence presented in Case #07-265, Ms. Carroll moved that this Board find that Latortue M., Presendieu H, Latortutue Mecene, and Thermitus Manite 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 July 15, 2007. The Board 35 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 16, 2007 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 continues past July 15, 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 #07-533 Location: Violations Diane R. Copeland Tr. 902 S. Seacrest Blvd. CH15-ART.IC-15-120(D)1.Inc. CHP.13, ART.1.SEC 13-16 Sod areas in yard and swale with bare spots. Business Tax Receipt required. Code Officer Webb presented the case and reviewed the details of the violation. He reported service was obtained via certified mail. The City recommended 90 days to correct the violation. Officer Webb informed the Board the Trustee reported she would install the sod, but she could not do it immediately. It was also noted there were tax issues. Motion Based on the testimony and evidence presented in Case #07-533, Ms. Carroll moved that this Board find that Diane R. Copeland Tr. 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 August 14, 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 August 14, 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 #07-736 Location: Violations Marie Limene A. 332 SW 4th Ave. CHP.13, ART.1.SEC 13-16 Business Tax Receipt required. 36 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 16, 2007 Code Officer Webb presented the case and reviewed the details of the violation. He reported service was obtained via posting. The City recommended tabling the case to the next meeting. Motion Ms. Cook moved that Case #07-736 be tabled until the Code Compliance Board Meeting to be held on June 20, 2007. Ms. Carroll seconded the motion that unanimously passed. Case #07-739 Location: Violations: F. Godard & A. Jean Pierre 146 SE 8th Avenue 14-3.BBC of Ord. CH15-ART.IC-15-120(D)1.Inc. PT3-LDR.CH2 .sEe. 4 J- 23 Mow property & right-of-way, and keep free of trash. Remove basketball goal, oversized vehicle from residential zone. Code Officer Webb presented the case and reviewed the details of the violation. He reported service was obtained via certified mail. The City recommended 10 days to correct the violation. Motion Based on the testimony and evidence presented in Case #07-739, Ms. Cook moved that this Board find that F. Godard and A. Jean Pierre 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 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 May 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 #07-790 Location: Violation: Mary Law 625 S. Federal Hgwy CH15-ART.IC-15-120(E)2A Paint building exterior 37 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 16, 2007 Code Officer Webb presented the case and reviewed the details of the violation. He reported service was obtained by posting. The City recommended 30 days to correct the violation. Motion Based on the testimony and evidence presented in Case #07-790, 2nd Vice Chair Simshauser moved that this Board find that Mary Law is in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondent correct the violation on or before June 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 $75 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. Ms. Carroll seconded the motion that unanimously passed. Case #07-875 Location: Violations: Kenneth A. Evers 116 SE 10th Avenue PT3-LDR.CH20-VIII -SEC2.G Code requires two exits. Remove shutters, plywood from bedroom windows. Do not block entrance doors. Code Officer Webb presented the case and reviewed the details of the violation. He reported service was obtained via certified mail. The City recommended 15 days to correct the violation. Motion Based on the testimony and evidence presented in Case #07-875, Ms. Cook moved that this Board find that Mary Law 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 violations continue 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. Ms. Carroll seconded the motion that unanimously passed. 38 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 16, 2007 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 #07-91Sl Location: Violations: NKLR LLC S. Federal Highway (1600 block) CH15-ART.IC-15-120(D)1.Inc. Trim overgrowth. Remove trash and debris, repair fence around property to prevent entry by homeless. Police Case No. 07- 15073 Code Officer Webb presented the case and reviewed the details of the violations. He reported service was obtained via posting. The City recommended 10 days to correct the violation. Motion Based on the testimony and evidence presented in Case #07-915, Ms. Carroll moved that this Board find that NKLR 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 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 violations continue past May 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. Second Vice Chair Simshauser seconded the motion that unanimously passed. Code Officer Lewis recommended the following cases be certified at $75 per day: Case #07-248 Frank Mass 334 NE 23rd Ave. Motion Based on the testimony and evidence presented in Case #07-248, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated March 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 $75 per day plus administrative costs which shall continue to accrue until the Respondent comes 39 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 16, 2007 Based on the testimony and evidence presented in Case #07-404, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated March 21, 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 $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. Ms. Carroll seconded the motion that unanimously passed. Code Officer Lewis recommended the following case be certified at $100 per day. Case #06-1441 Randolph &. Martha Williams, II 2810 SE 5th Cir. Motion Based on the testimony and evidence presented in Case #06-1441, 2nd 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 $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. Mr. Moyer seconded the motion that unanimously passed. Code Officer Lewis recommended the following case be certified at $200 per day. Case #07-472 Anand Patel, LLC. 2201 S. Federal Hgwy. Motion Based on the testimony and evidence presented in Case #07-472, Ms. Cook moved that this Board find that the Respondent has not complied with this Board's Order dated March 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 $200 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. Code Officer Lewis announced Case #06-2846 was closed. Attorney Tolces recommended dismissing the case and certifying no fine. 40 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 16, 2007 Motion Second Vice Chair Simshauser moved to dismiss Case#06-2846 with no fine. Ms. Carroll seconded the motion that unanimously passed. Code Officer Lewis recommended "No Fine" for the following cases: Case #06-3148 Jacob Srock 305 NE 23rd Ave. Motion Based on testimony and evidence presented in Case #06-3148, Mr. Foot moved that this Board find that the Respondent Jacob Srock 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 "No Fine" including administrative costs. Ms. Carroll seconded the motion that unanimously passed. Case #06-2471 Seacrest Investments LLC 401 S. Seacrest Blvd. Motion Based on testimony and evidence presented in Case #06-2471, Mr. Foot moved that this Board find that the Respondent Seacrest Investments LLC, 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 December 20, 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 "No Fine" including administrative costs. Ms. Carroll seconded the motion that unanimously passed. Case #06-2709 Joseph Lopez &. R. Suarez NW 7th Ct. Motion Based on testimony and evidence presented in Case #06-2709, Mr. Foot moved that this Board find that the Respondent, Joseph Lopez & R. Suarez 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 February 21, 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 "No Fine" including administrative costs. Ms. Carroll seconded the motion that unanimously passed. 41 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 16, 2007 Case #07-172 Palm Beach County Housing 11 NE 22nd Ave. Authority Motion Based on testimony and evidence presented in Case #07-172, Mr. Foot moved that this Board find that the Respondent, Palm Beach County Housing Authority, 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 21, 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 "No Fine" including administrative costs. Ms. Carroll seconded the motion that unanimously passed. Case #07-273 Marie Gedeon 1525 NE 2nd Ct. Motion Based on testimony and evidence presented in Case #07-273, Mr. Foot moved that this Board find that the Respondent, Marie Gedeon, 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 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 "No Fine" including administrative costs. Ms. Carroll seconded the motion that unanimously passed. Case #07-378 Pamela Patterson 345 NE 9th Ave. Motion Based on testimony and evidence presented in Case #07-378, Mr. Foot moved that this Board find that the Respondent, Pamela Patterson, 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 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 "No Fine" including administrative costs. Ms. Carroll seconded the motion that unanimously passed. Case #06-1116 Janine Marie Cerny 2950 s. Sea crest Blvd. 42 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 16, 2007 Motion Based on testimony and evidence presented in Case #06-1116, Mr. Foot moved that this Board find that the Respondent, Janine Marie Cerny, 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 November 21, 2006, 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 "No Fine" including administrative costs. Ms. Carroll seconded the motion that unanimously passed. Case #06- 2849 Garrison Gewinner, II 2505 NE 4th St. Motion Based on testimony and evidence presented in Case #06-2849, Mr. Foot moved that this Board find that the Respondent, Garrison Gewinner, II, 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 January 1, 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 "No Fine" including administrative costs. Ms. Carroll seconded the motion that unanimously passed. Case #07-250 Charles Humeston 1206 SW 1st St. Motion Based on testimony and evidence presented in Case #07-250, Mr. Foot moved that this Board find that the Respondent, Charles Humeston, 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 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 "No Fine" including administrative costs. Ms. Carroll seconded the motion that unanimously passed. Code Officer Lewis recommended tabling the following cases be tabled to July 18, 2007: Case# 07-58 Team EMS LLC Peter Friscia 1718 Corporate Dr. 43 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 16, 2007 Motion Second Vice Chair Simshauser moved that Case #07-58 be tabled until the Code Compliance Board meeting to be held on July 18, 2007. Ms. Carroll seconded the motion that unanimously passed. Case #07-62 Diane Marie Dalelio 230 NE 26th Ave. #306 Motion Second Vice Chair Simshauser moved that Case #07-62 be tabled until the Code Compliance Board meeting to be held on July 18, 2007. Ms. Carroll seconded the motion that unanimously passed. Case 07-178 Southern Homes of Palm Beach LLC 2505 Coastal Bay Boulevard Motion Second Vice Chair Simshauser moved that Case #07-178 be tabled until the Code Compliance Board meeting to be held on July 18, 2007. Ms. Carroll seconded the motion that unanimously passed. Mr. Foot requested Attorney Tolces prepare an additional certification where there would be a zero fine, without days, but including Administrative Costs. Attorney Tolces would prepare the language for that motion. IX. Adjournment Motion Second Vice Chair Simshauser moved to adjourn. Ms. Carroll seconded the motion that unanimously passed. The meeting adjourned at 11:08 p.m. C O1w!1fJiDQ/lJ,1}'l (111\ Catherine Ch~rry-Guberman Recording Secretary 052607 44