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Minutes 06-20-07 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON MONDAY, JUNE 20, 2007 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Richard Yerzy, 1st Vice Chair Lisa Simshauser, 2nd Vice Chair Kathleen Carroll Kathy Cook George Moyer Scott Blasie, Code Compliance Administrator David Tolces, Assistant City Attorney ABSENT: Robert Foot I. Call to Order Chair Costantino called the meeting to order at 7:00 p.m. II. Approval of Minutes Minutes of April 16, 2007 Page 12, Case #07-87-should read "day and Administrative Costs of $384.12..." Minutes of May 16, 2007 1. Page 16, Case #06-1839: Leonard Chack should be Leonard Chackman. 2. Page 20, Case #07-251: Next to the last sentence should read "$634.12 including Administrative Costs." 3. Page 26, Case #06-2472: Should be tabled to 6/20/07, not 6/15/07. 4. Page 33, Case #06-4139: Should be #06-3149. 5. Page 39, Case #07-915: Should be #07-917. Motion Mr. Yerzy moved to approve the minutes of April 16, 2007 as amended. Ms. Simshauser seconded the motion that passed unanimously. Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2007 Motion Ms. Simshauser moved to approve the minutes of May 16, 2007 as amended. Mr. Yerzy seconded the motion that passed unanimously. III. Approval of Agenda Code Officer Webb requested the following cases be tabled to December 19, 2007: Case #04 -2666, Case #04 -2667, Case #04 -2668, Case #04 -2669, Case #04 -2670, Case #04 -2671, Case #04 -2672, Case #04 -2673, and Case #04 -2674, Case #07 -831 complied; Case #04 -2664 and Case #04 -2665 was tabled to 12/19/07. Case #06 -2472 was tabled to 9/19/07. Motion Ms. Simshauser moved the above be tabled until December 19, 2007. Mr. Yerzy seconded the motion that passed unanimously. Officer Webb reported Case #07 -1299; Case #07 -974 and Case #07 -1014 were removed. Case #07 -879; and Case #07 -1038 complied. There were no other changes Motion Mr. Yerzy moved approval of the agenda as amended. Ms. Simshauser seconded the motion that passed unanimously. IV. Swearing in of Witnesses and Introduction Attorney Tolces explained hearing procedures and administered the oath to all who would be testifying. Willie Webb, Senior Code Officer, called the roll and determined who was present. Chair Costantino requested moving Case #07 -630 to the front of the agenda. There were no objections to the request. Case #07 - 630 (Taken out of order) Anicea and Jasper Harrison Location: 3155 Orange Street Violation(s): CH15- Art.IX- 15- 120(D) Inc. PT3- LDR.CH2 Sec.5.D.1 Stop auto repairs and painting. Remove inoperable vehicles from 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2007 back yard. Sod bare spots. Officer Pierre presented the case and reviewed the details of the violations. Proof of service was accepted via Certified Mail. Officer Pierre reported the respondents were present. ris 3155 Orange e Street pled no contest. She advised the painting had Anicea Harrison, o, 3 g Street, p p 9 stopped and she was waiting for one van to be towed. She believed she could comply within 30 days. Motion Based on the testimony and evidence presented in Case #07 -630, Ms. Carroll moved that this board find that Anicea and Jasper Harrison are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violations on or before July 20, 2007. The board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past July 20, tive Costs shall be imposed. The Respondents plus Administrative and ents are further ordered p p to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Moyer seconded the motion that passed unanimously. Chair Costantino requested Ms. Harrison contact Officer Pierre if the van was picked up before July 20, 2007, and he would inspect the premises. Case #07 - 584 Grlenntys and Barbara Sims Location: 103 NE 16 Avenue Violation(s): CH15 -Art. IX- 15- 120(D) Inc. CH15 -Art. IX- 15- 120(E) Inc. BBA FBC '04 105.1.1 Repair or replace roof shingles; paint facie boards; install sod in yard and swale areas. Repair or remove fence. Shed in rear yard requires building permit. Remove shed or obtain building permit. Code Officer Cain presented the case and reviewed the details of the violations. Proof of service was obtained via certified mail. He reported the following action with respect to the violations: (a) roof shingles repair /replacement, complied; painting of facia boards, complied; installation of sod, removed; fence and shed violations, still exist. A permit 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2007 had not been obtained for the shed. Thirty days' notice was given to comply, and the notice was posted on the property and at City Hall on June 1, 2007. Officer Cain advised the respondents were present. Grlenntys Sims, 103 NE 16 Avenue, pled no contest. He advised he was in the process of divorcing, and he was now the sole owner of the property. Ms. Cook inquired whether a pool was involved. Officer Cain advised if there was a pool, it could not be seen as the fence was still in place. Chair Costantino advised the respondent he was required to obtain the necessary permits. Mr. Sims believed he could comply within 60 days. Motion Based on the testimony and evidence presented in Case #07 -584, Mr. Moyer moved that this board find that Barbara and Grlenntys Sims are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violations. on or before August 19, 2007. The board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past August 19, 2007 plus Administrative Costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Moyer seconded the motion that passed unanimously. Mr. Yerzy seconded the motion that passed unanimously. Case #07 - 198 Patti A. Jesse and Anthony Rollison Location: 413 NW 7 Street Violation(s): CH15- Art.IX -15 -120 (E) Inc. Install new roof on house and obtain permit. Pete Roy, Chief Code and Rehabilitation Officer, filling in for Senior Code Officer Skip Lewis, presented the case and reviewed the details of the violations. Proof of service was accepted via Certified Mail. He advised the respondents were present. 4. Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2007 Patti Jesse, 413 NW 7 Street, pled not guilty. She advised shingles were lost during the hurricane and needed to be replaced. She contended there were no leaks in the roof and the wood was good. Chair Costantino advised Ms. Jesse a permit was required and to contact the building department with respect thereto. Ms. Jesse also informed the board:_ she inadvertently gave her brother half ownership of the house and would have his name removed from the deed as co- owner. Thereafter, she would apply for a loan in order to come into compliance. Motion Ms. Carroll moved Case #07 -198 be tabled to the Code Compliance Board meeting to be held on August 15, 2007. Ms. Simshauser seconded the motion that passed unanimously. Case #07 - 876 Robert G. Mealey Location: 1507 SW 22 Street Violation(s): BBA FBC '04 105.1.1 BBA FBC '04 105.4 Secure permit to replace voided permit 04 -4055; comply with red tag requirements; and arrange for final inspection. Officer Roy presented the case and reviewed the details of the violations. Proof of service was accepted via Certified Mail. He advised the respondent was present. Robert Mealey, 1507 SW 22 Street, pled no contest. He advised he hired and paid a contractor for the work. The contractor took short cuts with the work product and did not pull the final inspection. Mr. Mealey indicated he would have to find another contractor, which would result in a financial hardship. Chair Costantino advised the respondent his original permit was voided, as the final inspection did not occur. Attorney Tolces advised the respondent it was the property owner's responsibility to ensure the contractor arranged for a final inspection. While the board might sympathize with Mr. Mealey's situation, it was the board's responsibility to ensure compliance with the City's Code of Ordinances. 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2007 Motion Based on the testimony and evidence presented in Case #07 -876, Ms. Simshauser moved that this board find that Robert Mealey is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before September 18, 2007. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past September 18, 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. Yerzy seconded the motion that passed unanimously. Case No. 06 - 1635 Merna Panzer Location: 3617 Stratton Lane Violations(s) 424.2.17.1.1 through 10 BBA FBC '05 105.1.1 Secure pool area immediately. Secure permit and repair permanent barrier. Screen room to comply with pool barrier code. Mike Melillo, Senior Code Officer, presented the case and reviewed the details of the violations. He advised 30 days' notice was given to reply. Proof of service was accepted via Certified Mail. He noted the respondent was present. Merna Panzer, 3617 Stratton Lane, pled no contest. Ms. Panzer requested her daughter speak on her behalf, as Ms. Panzer was recuperating from surgery, and her daughter.was fully conversant with the facts of the matter. Janice Panzer, 3617 Stratton Lane, was duly sworn in by Attorney Tolces. She advised damage was sustained to the screen enclosure during Hurricane Wilma. When power was restored, the claim was timely reported to Allstate Insurance Company. As Allstate never settled the claim, respondent hired a private adjuster. The adjuster advised the matter would be settled within 30 to 45 days. The temporary orange barrier was knocked down daily by unleashed neighboring dogs. Ms. Panzer advised she attempted to obtain a permit and was advised neither she nor her mother could obtain a permit, as the property was not homesteaded, and only the contractor for the pool enclosure could secure a permit. 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2007 Ms. Cook inquired whether the respondent or her daughter had signed a contract for q P 9 the screen enclosure. Ms. Panzer replied they had not. Ms. Cook contended the matter had been _going on for two years and was hazardous to neighborhood children. Officer Melillo advised a note in the file written by the late Code Officer Laverdure on October 30, 2006 pointed out the insurance company agreed to pay the monies on November 17, 2006. As a result, Officer Laverdure extended respondent's time to comply. Officer Melillo informed the board half of the pool enclosure was in the pool and the orange fence was down. He advised he and Officer Roy had been at the premises on at least 30 occasions and each time, the fence was down. He had photographs substantiating this fact. Chair Costantino inquired whether Ms. Panzer had contacted Animal Control with regard to the .unleashed dogs. Ms. Panzer responded she contacted Animal Control, and she was instructed to contact her homeowners' association, as the community was gated. She contacted her homeowners' association some time ago, but had not received a response. Chair Costantino reviewed the pictures. She commented the situation had gone on far too long and the pool had to be secured. Motion Based on the testimony and evidence presented in Case #067 -1635, Mr. Yerzy moved that this .board find that Merna Panzer is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before July 20, 2007. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past July 20, 2007 plus Administrative Costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Cook seconded the motion. Chair Costantino held she could not support the motion. This matter had been going on far too long, and was hazardous to the neighborhood children. She suggested a chain link or wood fence as an alternative to a screen enclosure. She advised she could agree to a 15 -day extension but not longer. Ms. Cook pointed out if even if respondent were to change from a screen enclosure to rail, a permit would still be required. 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2007 Chair Costantino pointed out respondent was provided with an opportunity to resolve this issue. She suggested the insurance company be pursued. Chair Costantino called for a vote on the motion. Vote The motion passed 4 -1, Chair Costantino dissenting. Attorney Tolces reminded the respondent and her daughter they had until July 20, 2007 to come into compliance, whether by screening or fencing, or a fine would be imposed at $100 per day thereafter. Scott BLasie, Code Compliance Administrator, recommended respondent or her daughter contact Allstate and have them install and pay for a temporary fence in order to limit liability exposure for all parties. Case #07 - 649 Mark G. and Iris H. Mordaunt Location: 631 Las Palmas. Parkway Violation(s): CH15 -Art. IX -15 -120 (D) Inc. Repair or replace fence; water lawn or re -sod to obtain green appearance. Officer Pierre presented the case and reviewed the details of the violations. Proof of service was accepted via Certified Mail. Officer Pierre noted Mr. Mordaunt was present. Mark Mordaunt, 631 Las Palmas Parkway, pled guilty. He advised he removed the fence. However, three columns were left standing. Pursuant to Ms. Cook's request, respondent verified there was no pool involved. Respondent advised he did not have the finances to replace the fence at this time but believed he could comply within ten days. Chair Costantino recommended the matter be tabled and suggested respondent contact Officer Pierre when the work was completed. Attorney Tolces pointed out if the case was tabled and came into compliance, it would have to be administratively dismissed. 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2007 Motion Based on the testimony and evidence presented in Case #07 -649, Mr. Yerzy moved that this board find that Mark G. and Iris H. Mordaunt are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violations on or before June 30, 2007. The board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25 per day for each day the violations continue past June 30, 2007 plus Administrative Costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Moyer seconded the motion that passed unanimously. Case #07 - 1118 Henry and Dorothy Davis Location: 529 NE 5 Street Violation(s): CH15 -Art. IX -15 -120 (D) Inc. PT3- LDR.CH2. Sec. 5.D.1. Remove all outside storage from property. Officer Roy presented the case and reviewed the details of the violations. Ten day's was given to comply. Proof of service was accepted via Certified. Mail. He advised the respondents were present. Dorothy Davis, 529 NE 5 Street, pled no contest. She advised the dumpster was not delivered: as scheduled on several occasions. Officer Roy advised the City recommended 30 days be given days to comply. Chair Costantino requested Ms. Davis notify the City if compliance exceeded the 30 days. Motion Based on the testimony and evidence presented in Case #07 -1118, Mr. Moyer moved that this board find that Henry and Dorothy Davis are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violations on or before July 20, 2007. The board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past July 20, 2007 plus Administrative Costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2007 re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed unanimously. Case #06 - 3118 Karl Schultz 1991 NE 1 Lane Officer Cain presented the case and reviewed the details of the violations. The violations had not come into compliance, having 73 days of non - compliance. The City recommended this case be tabled for 30 days. Motion Ms. Carroll moved this case be tabled to July 18, 2007. Ms. Simshauser seconded the motion that passed unanimously. Case #0 - 705 Charles J. Lo Dolce Tr. 3191 SW 14 Place Officer Cain presented the case and reviewed the details of the violations. The violations came into compliance on June 11, 2007. Officer Cain advised Raymond Greaves was present. Raymond Greaves, 1520 SE 11 Street, Deerfield Beach, advised he was the representative of the Trust. Mr. Greaves advised the cost to come into compliance exceeded $40,000, which consisted of permitting fees and legal feels to evict the tenant. He added he would either lease the premises to a new tenant or sell, as the . owners were from out of town. Chair Costantino reminded Mr. Greaves if the owners opted to rent the premises, they would be required to obtain a business tax receipt. Ms. Cook opined, although the City incurred Administrative Costs, she did not believe fines of $8,700 should be imposed, as Mr. Greaves worked with the City to remedy the violations. Motion Based on the testimony and evidence presented in Case #06 -705, Ms. Cook moved that this board find that the Respondent, Charles J. Lo Dolce Tr., 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 November 15, 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 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2007 the amount of $1,306.33 per day plus Administrative Costs, for a total of 87 days of non - compliance. Mr. Yerzy seconded the motion that passed unanimously. Case #07 -561 Yachtsman Properties LLC- 1550 N. Federal Highway Andrew P. Cohen Officer Cain presented the case and reviewed the details of the violations. He noted the violations had not come into full compliance, having one day of non - compliance. He noted the following violations had complied: meter room; roof tiles; lights on the building; and hedges along NE 15 Place. Chair Costantino inquired whether the lights on the building included the parking. Officer Cain replied he was not certain whether the parking lot lights were completed. Andrew Cohen, 3320 Delray Bay Drive, #307, Delray Beach, FL, agent and manager of the property, advised the full headlight unit was specially ordered and only recently received. While the building lights were installed, the parking Tots had not yet been installed as the parking lot was being resurfaced. Mr. Cain noted the raw garbage around the dumpster enclosures were in compliance. He indicated he would meet with Mr. Cohen regarding the dumpster enclosures, and with the Sanitation Department to determine if gates were required on the enclosures. The irrigation system violation still existed. Mr. Cohen indicated he was a few days away from compliance for most of the violations. Financial issues caused the delays, and he was awaiting facade grant dollars from the CRA, which had been awarded last week. The parking lot was now being resurfaced and re- striped. He would also obtain facade paint and repair the sign. He estimated these violations could be cured in 10 or 15 days. However, he was not sure how long it would take to bring the sprinkler and irrigation system into compliance. Officer Cain contended the landscaping issues would be time consuming. Mr. Cohen advised he had applied for a public records request for the existing landscaping plans, which would take two or three weeks to obtain. Thereafter, he could proceed with the landscaping improvements. He indicated the plaza would be unrecognizable in about ten days as a result of the ongoing work. He indicated the resolution of the irrigation issues would require additional time. The board discussed tabling the matter for 30 days, as a great deal of the work had been completed in a short period of time, and Mr. Cohen had not yet received the grant funds. If tabled, the fines would continue running. However, the board would take all aspects of the situation into consideration. 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2007 Mr. Cohen indicated he was making a good -faith effort to come into full compliance and to fully rejuvenate the plaza. Ms. Cook expressed concern pertaining to possible health hazards resulting from the grease traps, which were in disrepair. Officer Cain advised the grease traps were cleaned and somewhat contained. Ms. Cook inquired whether Officer Cain would be comfortable if the board tabled the matter for 30 days. Officer Cain pointed out Mr. Cohen could not be in compliance in 30 days. Chair Costantino indicated the board was aware of this. However, it was the board's intent to continue forward in order to bring this property into compliance. The been generous with other businesses by bringing them back in 30 or 60 days g Y 9 9 s Y to ensure compliance. She reiterated Mr. Cohen had completed quite a bit of work in the short amount of time provided, and the grant monies were not yet in hand. Mr. Cohen advised the funds were to be matched by a $15,000 grant. The monies would be utilized to pay for all the existing repairs. Mr. Cohen would then be reimbursed upon presentation to the CRA of the cancelled check stubs. Officer Cain pointed out to the board that the property was on the main corridor and bordered other properties. Ms. Cook suggested, if the matter was tabled and not moving along sufficiently in 30 days, the board could easily certify the fine. Motion Ms. Cook moved to table Case #07 -561 to July 18, 2007. Ms. Carroll seconded the motion that passed unanimously. Case #07 -564 Yachtsman Properties LLC- 1600 N. Federal Hwy. Andrew P. Cohen Officer Cain explained the violations were the same as above, but at a different address. He noted the violations had not yet come into full compliance, having one day of non - compliance. Motion Mr. Moyer moved to table this case until July 18, 2007. 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2007 Ms. Cook suggested Mr. Cohen announce his name and address to reflect his appearance. Andrew Cohen, 3320 Delray Bay Drive, #307, Delray Beach, FL indicated his appearance for the record. Chair Costantino called for a second to the motion. Ms. Carroll seconded the motion. Vote The motion to table this case until July 18, 2007 passed unanimously. Attorney Tolces reiterated both cased were tabled until July 18, 2007. Case #07 - 530 Lawrence Development Group LLC 7216 Lawrence Rd. Code Officer Herring presented the case and reviewed the details of the violations. No one appeared at the April 16, 2007 hearing. The violations had not yet come into compliance, having 54 days of non- compliance. He advised a representative of the company was present. The City requested the matter be tabled until July 18, 2007, as there was a communication breakdown. Officer Herring advised the property was mowed twice and Mr. Guinan had attempted to fix the fence. The fence was still partially in disrepair. Mr. Guinan wished to address the board. Chair Costantino inquired whether there was a pool involved. Officer Herring replied there was no pool. There was a large vacant lot next to Nautica Sound between Nautica Sound and Jonathan's Way. Gavin Guinan, 7649 Colony Lake Drive, Vice President of Operations for Lawrence Development Group, advised when the notices of violations were discovered, the company contacted its general contractor in order for the violations to be addressed. The repair of the remaining portions of the fence would be taken care of within the next week. The company would shortly be applying for a plat for the property, . which was recently annexed in the City. The infrastructure work should commence within 45 to 60 days, and workers would be on site. Chair . Costantino reminded Mr. Guinan of the $300 - per -day fine running on this property. 13 • Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2007 Motion Ms. Simshauser moved to table this case until July 18, 2007. Ms. Cook seconded the motion that carried unanimously. Case #076 - 2982 Kennemer A. Hopkins, Jr. 2202 SE 3 St. Senior Code Officer Willie Webb, presented the case and reviewed the details of the violations. The City recommended there be no fine. Motion Based on the testimony and evidence presented in Case #06 -2982, Ms. Carroll moved that this board find that the Respondent, Kennemer A. Hopkins, Jr., 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 April 16, 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 "No fine." Ms. Simshauser seconded the motion that passed unanimously. Case #07 - 1092 Christine Beauvais Location 2122 NE 1 Court Violation(s): CH15- Art.IX- 15- 120(D) Inc. BBA BC '04 105.1.1 10 -2; 10 -3; BBC of Ord. Remove trash and debris from rear yard. Obtain permit for two sheds in rear yard. Repair broken window on south side of house. Officer Cain presented the case and reviewed the details of the violations. Proof of service was accepted via Certified Mail. Respondent was given 15 days to comply. Motion Based on the testimony and evidence presented in Case #07 -1092, Ms. Simshauser moved that this board find that Christine Beauvais is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violations on or before July 5, 2007. The board has considered the gravity of the violation the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day for each day the violations continue past July 5, 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2007 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. Chair Costantino inquired whether Ms. Simshauser would consider a higher fine, as the violations included trash, debris, and a screen porch in disrepair, and the hurricane season had commenced. Motion Ms. Simshauser amended her motion to impose a $50- per -day fine. Mr. Yerzy . seconded the amended motion that passed unanimously. Case #07 - 1266 Richard K. and Sherri L. Guthrie Location: 2126 NE 3 St. Violation(s): CHP. 13, Art. 1 Sec. 13 -16 20 -6. BBC of Ord. BBA FBC '04 105.1.1 Obtain permit for fence and canopy. Only two recreational vehicles are allowed on property. Stop all automotive repairs on property. Officer Cain presented the case and reviewed the details of the violations. Proof of service was accepted via Certified Mail. The City recommended 30 days to comply. Ms. Carroll inquired whether respondents were still running the automotive and jet ski business. Officer Cain replied they were not. Respondents must obtain a permit for the fence. Everything else had complied. Motion Based on the testimony and evidence presented in Case #07 -1266, Ms. Carroll moved that this board find that Richard K. and Sherri L. Guthrie are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violations on or before July 20, 2007. The board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past July 20, 2007 plus Administrative Costs shall be imposed. The Respondents are further ordered 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2007 to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that passed unanimously. Case #07 -1267 Gregory D. Sponburgh Location: 2132 NE 3 St. Violation(s): CH15- Art.IX -15 -120 (D) Inc. CH15- Art.IX -15 -120 (E) Inc. Remove trash and debris from front and rear yards including vehicles, appliances, furniture and discarded and derelict items. Paint house and awnings. Repair awning and facia boards. Secure pool by repairing fence. Code Officer Cain presented the case and reviewed the details of the violations. Proof of service was accepted via Certified Mail. The City recommended 10 days to comply. Officer Cain noted the Respondent was a repeat violator. There was a pool involved and the presence of rats. Motion Based on the testimony and evidence presented in Case #07 -1267, Ms. Simshauser moved to find that Gregory D. Sponburgh is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before June 30, 2007. Based upon the evidence presented in this case, the board finds a repeat violation of the Code Sections as cited. Having also considered the gravity of the violations, the actions taken by the Respondent, the board hereby orders that should Respondent fail to comply with this order, a find in the amount of $250 per day shall be imposed for each day the violation continues past June 30, 1007 plus Administrative Costs. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed unanimously. Case #07 -909 Steven J. Bedigian Location: ". 205 SE 36 Ave. Violation(s): CH15- Art.IX -15 -120 (D) 1 Inc. PT3- LDR.CH2O- VIII.Sec.1.G Secure all doors and windows. Repair or replace wood fence. 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2007 Luney Guillaume, Code Compliance Inspector, presented the case and reviewed the details of the violations. Proof of service was accepted via Certified Mail. The City recommended 10 days to comply. Motion Based on the testimony and evidence presented in Case #07 -909, Mr. Yerzy moved that this board find that Steven J. Bedigian is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before June 30, 2007. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of da per 50 for each day the violations continue past June 30, 2007 plus $ P day Y Administrative Costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that passed unanimously. Case #07 - 961 Gerard J. and Lynne A. Simmons Location: 1360 SW 27 Place Violation(s): 10 -2 BBC of Ord. CH P. 13, Art. 1, Sec. 13 -16 BBA FBC '04 105.1.1 Only one unrelated person allowed at residence. Obtain permit for Jacuzzi and clean pool. Inspector Luney presented the case and reviewed the details of the violations. Proof of service was accepted via Certified Mail. The City recommended 19 days to comply. Chair Costantino inquired whether the respondents were renting the premises without a business tax receipt. Inspector Luney replied in the affirmative. Motion .. Based on the testimony and evidence presented in Case #07 -961, Ms. Simshauser moved that this board find that Gerard J. and Lynne A. Simmons are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violations on or before June 30, 2007. The board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $200 per day for each day the violations continue past June 30, 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2007 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 passed unanimously. Case #07 - 983 Mega Mini Co. Location: 2951 SW 14 PI Violation(s): BBA FBC '04 105.1.1 BBA TO FBC '04 109.3 Secure permit for interior remodeling of Bay 6 and have inspected. See red tag. Inspector Luney presented the case and reviewed the details of the violations. Proof of service was accepted via Certified Mail. The City recommended 10 days to comply. Motion Based on the testimony and evidence presented in Case #07 -983, Ms. Carroll moved that this board find that Mega Mini Co., is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before June 30, 2007. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past June 30, 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. Simshauser seconded the motion that passed unanimously. Case #07 - 1349 Jaisel Gosai Location: 917 Chapel Hill Blvd. Violation(s): CHP. 13, Art. 1, Sec. 13 -16 Renting residence without current business tax receipt. Obtain business tax receipt. Inspector Luney presented the case and reviewed the details of the violations. Proof of service was accepted via Certified Mail. The City recommended 10 days to comply. 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2007 Motion Based on the testimony and evidence presented in Case #07 -1349, Ms. Carroll moved that this board find that Jaisal Gosai, is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before June 30, 2007. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past June 30, 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. Simshauser seconded the motion that passed unanimously. Case #07 -1183 Deborah J. Anawalt Location: 7042 Chesapeake Cir. Violation(s): CH15- Art.IX -15 -120 (D) Inc. CH15- Art.IX -15 -120 (E) Inc. Mow, weed and trim property. Properly secure property. Officer Herring presented the case and reviewed the details of the violations. Notice was sent via Certified and was returned, "not known, unable to forward." The City recommended 10 days to comply. Motion Based on the testimony and evidence presented in Case #07 -1183, Mr. Yerzy moved that this board find that Deborah J. Anawalt, is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before June 30, 2007. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day for each day the violations continue past June 30, 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. Simshauser seconded the motion that passed unanimously. Case #07 -1103 Exotic Motorcars & Jewelry, Inc. Location: 103 Commerce Rd. Violation(s): BBA FBC '04 105.1.1 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2007 BBA FBC '04 105.4 Obtain permit for all non - permitted work done (see red tag). Officer Herring presented the case and reviewed the details of the violations. Proof of service was accepted via Certified Mail. The City recommended 90 days to comply. Motion Based on the testimony and evidence presented in Case #07 -1103, Mr. Yerzy moved that this board find that Exotic Motorcars & Jewelry, Inc., is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before September 18, 2007. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past September 18, 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. Simshauser seconded the motion that passed unanimously. Case #07 - 1053 Pamela and M. Harvey Location:. 231 NE 9 Ave. respondents reside at 1861 Waldorf Street Royal Palm Beach, Florida, 33411 CH15- Art.IX -15 -120 (D) Inc. Remove all outside storage. Officer. M presented the case and reviewed the details of the violations. Proof of service was accepted via Certified Mail. The City recommended 10 days to. comply. Motion Based on the testimony and evidence presented in Case #07 -1053, Ms. Simshauser moved that this board find that Pamela and M. Harvey are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violations on or before June 30, 2007. The board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $150 per day for each day the violations continue past June 30, 2007 plus Administrative Costs shall be imposed. The Respondents are further ordered 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2007 to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that passed unanimously. Case #07 - 1189 Boynton Beach Property Partners Location: 610 N. Federal Hwy. Violation(s): CH15- Art.IX -15 -120 (D) Inc. Remove all plywood from windows and repair glass where needed. Officer Mellilo presented the case and reviewed the details of the violations. Proof of service was accepted via Certified Mail. The City recommended 10 days to comply. Officer Melillo reported the Respondent was cited three times. Motion Based on the testimony and evidence presented in Case #07 -1189, Mr. Moyer moved that this board find that Boynton Beach Property Partners, is in violation of City of Boynton .Beach Code Sections as cited, and mo ved to order that the Respondent correct the violations on or before June 30, 2007. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by � hereby Respondent Respondent, and hereb orders that if the Res ondent does not comply with this Order, p June fine in the amount of $200 per day for each day the violations continue pa st u ne 30 , 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. Yerzy seconded the motion that passed unanimously. Case #07 - 958 Amarante Estime Location: 2720 NW 1 St. Violation(s): CH15- Art.IX -15 -120 (D) Inc. PT3 -LDR. CH2. Sec.4.N. Remove all unregistered and inoperable vehicles and auto parts,- Auto repairs are not allowed in residential areas. Officer Pierre presented the case and reviewed the details of the violations. Proof of service was accepted via Certified Mail. The City recommended 30 days to comply. 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2007 Motion Based on the testimony and evidence presented in Case #07 -958, Ms. Simshauser moved that this board find that Amarante Estime, is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before July 20, 2007. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past July 20, 2007 plus Administrative Costs shall be, imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed unanimously. Case #07 -969 Joseph and Belony Geneste Location: 316 NE 24 Ave. Violation(s): CH15- Art.IX -15 -120 (D) Inc. Remove all inoperable and unregistered vehicles, including boat. Remove trash and debris. Officer Pierre presented the case and reviewed the details of the violations. Proof of service was accepted via Certified Mail. The City recommended 30 days to comply. Motion Based on the testimony and evidence presented in Case #07 -969, Ms. Carroll moved that this board find that Joseph and Belony Geneste are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violations . on or before July 20, 2007. The board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past July 20, 2007 plus Administrative Costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that passed unanimously. Case #07 -1366 Ronald C. Washam Location: 112 S. Atlantic Drive W Violation(s): CH15- Art.IX -15 -120 (D) Inc. Mow and trim front and back 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2007 yard, including trees. Officer Pierre presented the case and reviewed the details of the violations. Proof of service was accepted via Certified Mail. The City recommended 30 days to comply. Motion Based on the testimony and evidence presented in Case #07 -1366, Ms. Carroll moved that this board find that Ronald C. Washam, is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before July 20, 2007. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondents 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 July 20, 2007 plus Administrative Costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that passed unanimously. Case #07 - 959 Renan and Iva Laurore Location: 504 NW 12 Ave. Violation(s): CH15- Art.IX -15 -120 (D) Inc. Respondents reside at 12411 Summer Springs Drive. Remove all trash and debris from property. Replace or remove fence from west side. Officer Roy presented the case and reviewed the details of the violations. Proof of service was accepted via Certified Mail. He reported the case had complied. However he recommended a Cease and Desist as there were habitual problems and numerous complaints. Motion Based on testimony and evidence presented in Case #07 -959, Ms. Simshauser moved that a Cease and Desist Order be issued giving Renan and Iva Laurore until June 21, 2007 to bring the violations of City of Boynton Beach Code Section as cited into compliance. 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 a fine in the amount of $250 per occurrence of the violation thereafter shall 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2007 be imposed upon the Respondents. Mr. Zerzy seconded the motion that passed unanimously. Case #07 -1055 J. and Willie Mae Murray Location: 545 NW 11 Ave. CH15- Art.IX -15 -120 (D) Inc. CH15- Art.IX -15 -120 (E) Inc. Repair or replace roof and paint structure. Officer Roy presented the case and reviewed the details of the violations. He advised the respondents resided at 12411 Summer Springs Drive, Boynton Beach. Proof of service was accepted via Certified Mail. City recommended 60 days to comply. Motion Based on the testimony and evidence presented in Case #07 -1055, Mr. Moyer moved that this board find that J. and Willie Mae Murray are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violations on or before August 19, 2007. The board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past August 19, 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 passed unanimously. Case #07 -1056 Jeannie L. Nixon Location: 543 NW 11 Ave. Violation(s): CH15- Art.IX -15 -120 (D) Inc. PT3- LDR.CH2. Sec.5.D.1 Remove all outside storage and inoperable, unregistered vehicles from property. Officer Roy presented the case and reviewed the details of the violations. Proof of service was accepted via Certified Mail. City recommended 10 days to comply. 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2007 Motion Based on the testimony and evidence presented in Case #07 -1056, Mr. Moyer moved that this board find that Jeannie L. Nixon, is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before June 30, 2007. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondents 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 30, 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. Chair Costantino pointed out the violations had been repeated. Motion Mr. Moyer amended his motion to reflect a fine of $150 per day. Mr. Yerzy seconded the amended motion that passed unanimously. Case #07 - 1063 Lue Gennie Rivers Location: 515 NW 11 Ave. Violation(s): CH15- Art.IX -15 -120 (D) Inc. PT3 -LDR. CH2O- VIII.Sec.2.A Repair or replace roof and paint both structures. Officer Roy presented the case and reviewed the details of the violations. Proof of service was accepted via Certified Mail. City recommended 90 days to comply. This was changed from 30 days to 90 days as the Responded appeared; however, the board did not wish to speak to him at that time, as he was ill. Motion Based on the testimony and evidence presented in Case #07 -1063, Ms. Carroll moved that this board find that Lue Gennie Rivers, is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before September 18, 2007. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondents 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 September 18, 2007 plus Administrative Costs shall be imposed. The Respondent is further ordered to 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2007 contact the Ci ty Boynton Bo nton Beach Code Compliance Division in order to arrange for re inspection of the property to verify compliance with this Order. Mr. Moyer seconded the motion that passed unanimously. Chair. Costantino pointed out the violations had been repeated. Officer Roy advised the Respondent was in a nursing home and incapacitated. The Respondent's son was attempting to divide the property, sell the smaller structure and repair the larger structure,' and hopefully this would be accomplished within 90 days. Chair Costantino did not believe the case should be tabled, as it would result in a lien against the property. Motion Ms. Carroll reiterated the $50 per- day -fine set forth in her motion. Mr. Moyer seconded the motion that passed unanimously. Case #07 - 1112 Linda Shelton Location: 424 NW 9 Ave. Respondent resides at 1614 N. Seacrest Blvd. Violation(s): CH15- Art.IX -15 -120 (D) Inc. PT3- LDR.CH2. Sec. 5.D.1 Remove all unregistered vehicles and outside storage from property. Officer Roy presented the case and reviewed the details of the violations. Proof of service was accepted via Certified Mail. City recommended 10 days to comply. Motion Based on . the testimony and evidence presented in Case #07 -1112, Mr. Yerzy moved that this board find that Linda Shelton, is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before June 30, 2007. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past June 30, 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 June 20, 2007 inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed unanimously. Case #07 - 740 Franco Elysee & Marie Volcy Location:' 216 SW 5 Ave. Respondents resided at 119 NE 16 Ct. Violation(s): CHP 13, Art. 1 Sec. 13 -16 CH15- Art.IX -15 -120 (D)1 Inc. Mow property and keep free of loose trash and debris. Obtain business tax license. Officer Webb presented the case and reviewed the details of the violations. Proof of service was accepted via Certified Mail. City recommended 10 days to comply. Motion Based on the testimony and evidence presented in Case #07 -740, Ms. Carroll moved that this board find that Franco Elysee & Marie Volcy, are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violations on or before June 30, 2007. The board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past June 30, 2007 plus Administrative Costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion that passed unanimously. Case #07 - 1044 136 BBB Property LLC Location: 136 W. Boynton Beach Blvd. Address of Respondent: P.O. Box 1208, Boca Raton Florida 33429 Violation(s): CH15- Art.IX.15 -120 (D)1 Inc. Mow property and keep free of loose trash. Repair driveway (potholes) and sod right -of -way west of building. 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2007 Officer Webb presented the case and reviewed the details of the violations. Proof of service was accepted via Certified Mail. City recommended 30 days to comply. Motion Based on the testimony and evidence presented in Case #07 -1044, Mr. Yerzy moved that this board find that 136 BBB Property LLC, is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before July 20, 2007. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondents 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 July 20, 2007 plus Administrative Costs shall be imposed. The Respondent is further ordered to contact Boynton Beach Code Com Compliance Division in order to arrange City of a for re- 9 tY p inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed unanimously. Case #07 - 1384 Alfred Aretus Location: 117 SE 12 Ave. Respondent resided at 549 Dolphin Drive Delray Beach, FL 33445 Violation(s):. CHP. 13, Art.1, Sec. 13 -16 CH 15 -Art. IX -15 -120 (D)1 Inc. Obtain business tax receipt. Repair wooden fence; remove all trash and debris; repair driveway apron. Officer Webb presented the case and reviewed the details of the violations. Proof of service was accepted via Certified Mail. City recommended 10 days to comply. Chair Costantino advised the Respondent was a repeat offender. Motion Based on the testimony and evidence presented in Case #07 -1384, Ms. Carroll moved that this board find that Alfred Aretus, is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before June 30, 2007. The board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the 28 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2007 amount of $250 per day for each day the violations continue past June 30, 2007 plus Administrative Costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed unanimously. Mr. Yerzy seconded the motion that carried unanimously. Case #06 - 1441 Randolph II and Martha Williams 281 SE 5 Cir. Officer Webb advised this was a Reconsideration of Case (Lien Penalty Certification). Scott Blasie, Code Compliance Administrator, advised staff inadvertently certified a fine in this matter and would like to dismiss the certification and table the fine certification until the July 18, 2007 meeting. He advised the Planned Unit Development (PUD) would be going in for site modification to allow the Respondents the ability to install a screen enclosure. Attorney Tolces advised a motion to reconsider your motion to certify the fine was needed. The motion to certify the lien was made at the May 16, 2007 meeting. He believed when fines were certified, they were usually grouped together. Motion Ms. Simsausher moved to reconsider the board's motion certifying the fine for Case #06 -1441. Mr. Yerzy seconded the motion that passed unanimously. Attorney Tolces advised the board now had the case before it, and could table the case until July 18, 2007. Motion Mr. Yerzy moved to table Case #06 -1441, until the July 18, 2007 Code Compliance Board meeting. Mr. Moyer seconded the motion that passed unanimously. Mr. Blasie added the documents were retrieved from the Courthouse before they were recorded. Attorney Tolces recommended, as the board certified the order, a motion be made to rescind the board order as well. 29 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2007 Motion Mr. Moyer moved to rescind the board order in Case #06 -1441. Mr. Yerzy seconded the motion that passed unanimously. Case #06 - 193 Omari Murray 238 SW 5 Ave. Scott Blasie, Code Compliance Administrator, requested the board read the narrative pertaining to this case. Mr. Blasie believed the board and staff were misled by the testimony of Ms. Bornstein, as reflected in the narrative. Included as backup were Warranty Deeds and other documents supporting this item for reconsideration. Attorney Tolces advised the board approved the lien reduction in March 2007. If the board now concluded the facts warranted a reconsideration, a motion should be made to reconsider the lien reduction order that was entered in March 2007. He recommended this item be placed on the agenda for the next lien reduction hearing, and the parties be provided with notice and an opportunity to be heard. If the notice went out on June 21, 2007, they would be provided with a week's notice. Mr. Blasie advised the parties were aware this issue was pending. They came in to pay the $250 fine. Staff conferred with Legal and advised this item would be discussed at tonight's : meeting. Chair Costantino inquired as to the parties to be noticed. Attorney Tolces advised service should be provided to Mr. Francois, Ms. Bornstein and Mr. Murray, if he could be located. Motion Ms. Simshauser moved to resconsider Case #06 -193. Mr. Yerzy seconded the motion that passed unanimously. Attorney Tolces recommended a motion be made to set the case for rehearing at the June 28, 2007 lien reduction meeting. Motion Mr. Yerzy moved the board set this matter for rehearing at the June 28, 2007 meeting. Ms. Simshauser seconded the motion that passed unanimously. 30 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2007 Case #06 - 2420 Jean Tolan 711 Ocean Inlet Dr. Senior Code Officer Webb indicated the City recommended certifying the following lien penalty in the amount of $100. Motion Based on the testimony and evidence presented in Case #06 -2420, Ms. Carroll moved that this board find that the Respondent has not complied with this board's order dated January 15, 2007, 2007, and having considered the gravity of the violations, the actions taken by the Respondent, that this board impose and certify a fine in the amount of $100 per day plus Administrative Costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Simshauser seconded the motion that passed unanimously. Case #07 -638 McKay Codrington 188 Temple Avenue Motion Senior Code Officer Webb indicated the City recommended certifying the following lien penalty in the amount of $200. Based on the testimony and evidence presented in Case #07 -638, Ms. Carroll moved that this board find that the Respondent has not complied with this board's order dated April 16, 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. Mr. Yerzy seconded the motion that passed unanimously. Senior Code Officer Webb indicated the City recommended certifying the following lien penalties in the amount of $250.00 for the following cases. Case #07 -423, Case #07- 636 and Case #07 -444. Case #07 -423 Maria Prows 619 NE 7 Ave. Motion Based on the testimony and evidence presented in Case #07 -423, Ms. Carroll moved that this board find that the Respondent has not complied with this board's order dated April 26, 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 $250 per 31 Meeting Minutes Code Compliance Board Boynton. Beach, Florida June 20, 2007 day plus Administrative Costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Simshauser seconded the motion that passed unanimously. Case #07 -636 Daniel D. Dodge 659 Manor Dr. Motion Based on the testimony and evidence presented in Case #07 -636 Ms. Carroll moved that this board find that the Respondent has not complied with this board's order dated April 16, 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 $250 per day plus Administrative Costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Simshauser seconded the motion that passed unanimously. Case #07 -444 Raul E. Estrada 440 SW 4 Ave. Motion Based on the testimony and evidence presented in Case #07 -444, Ms. Carroll moved that this board find that the Respondent has not complied with this board's order dated April 16, 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 $250 per day plus Administrative Costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Simshauser seconded the motion that passed unanimously. Case #07 - 570 Andre St. Juste 809 SE 4 St. Senior Code Officer Webb indicated the City recommended certification of the following lien penalty in the amount of $5,000. Motion Based on the testimony and evidence presented in Case #07 -570, Ms. Carroll moved that this board find that the Respondent has not complied with this board's order dated April 16, 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 $5,000 per day plus Administrative Costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Simshauser seconded the motion that passed unanimously. 32 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2007 Senior Code Officer Webb indicated the City recommended "No Fine" in the following cases: Case #06 -177, Case #06 -2106, Case #07 -594, Case #07 -179, Case #07 -529, Case No. 06 -2983, and Case #07 -448. Case #06 -177 Steve Jenkins and 306 SW 5 Ave. Anna Lloyd Motion Based on the testimony and evidence presented in Case #06 -177. Ms. Carroll moved that this board find that the Respondents Steve Jenkins and Anna Lloyd, were 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 October 17, 2006, and in consideration of the gravity of the violations, the actions taken by the Respondents to remedy the violations and previous violations of the Respondents, that this board impose and certify "No fine. ". Ms. Simshauser seconded the motion that passed unanimously. • Case #06 -2106 David and Ida M. Hayes 1626 N. Seacrest Blvd. Motion Based on the testimony and evidence presented in Case #07 -2106. Ms. Carroll moved that this board find that the Respondents, David and Ida M. Hayes, were 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, 2007, and in consideration of the gravity of the violations, the actions taken by the Respondents to remedy the violations and previous violations of the Respondents, that this board impose and certify "No fine." Ms. Simshauser seconded the motion that passed unanimously. Case #07 -594 Willie and Nell Davis 150 NE 16 St. Motion Based on the testimony and evidence presented in Case #07 -594. Ms. Carroll moved that this board find that the Respondents Willie and Nell Davis, were 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 April 16, 2007, and in consideration of the gravity of the violations, the actions taken by the Respondents to remedy the violations and previous violations of the Respondents, that this board impose and certify "No fine." Ms. Simshauser seconded the motion that passed unanimously. 33 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2007 Case #07 -179 Brian Keith and 351 NE 27 Ave. Michelle Bouie Motion Based on the testimony and evidence presented in Case #07 -179, Ms. Carroll moved that this board find that the Respondents Brian Keith and Michelle Bouie, were 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 March 21, and in consideration of the gravity of the violations, the actions taken by the Respondents to remedy the violations and previous violations of the Respondents, that this Board impose and certify "No Fine." Ms. Simshauser seconded the motion that passed unanimously. Case #07 -529 David and Jane Kislak Tr. 539 NW 8 Ave. Motion Based on the testimony and evidence presented in Case #07 -529, Ms. Carroll moved that this board find that the Respondents David and Jane Kislak Tr., were 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 April 16, 2007, and in consideration of the gravity of the violations, the actions taken by the Respondents to remedy the violations and previous violations of the Respondents, that this board impose and certify "No Fine." Ms. Simshauser seconded the motion that passed unanimously. Case #06 - 2983 Craig D. Earnhart 2210 SE 3rd St. Based on the testimony and evidence presented in Case #06 -2983, Ms. Carroll moved that this board find that the Respondent, Craig D. Earnhart, 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 April 16, 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 "No fine." Ms. Simshauser seconded the motion that passed unanimously. Case #07 - 448 Richard F. Parsons 458 SW 3 Ave. Based on the testimony and evidence presented in Case #07 -448, Ms. Carroll moved that this board find that the Respondent, Richard F. Parsons, 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 April 16, 2007, and in consideration of the gravity of the violations, the actions taken by the Respondent to remedy the violations and 34 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2007 previous violations of the Respondent, that this board impose and certify "No fine." Ms. Simshauser seconded the motion that passed unanimously. Senior Code Officer Webb indicated the City recommended the following cases be tabled to July 18, 2007: Case #06 -2782, Case #06 -678, Case #06 -2943, and Case #07- 505. Case #06 -2782 Boynton Flex LLC 3479 High Ridge Rd. Disaster America of Florida Motion Ms. Simshauser moved Case #06 -2782 be tabled to July 18, 2007. Ms. Carroll seconded the motion that carried unanimously. Case #06 -678 Deliverance Holy Temple Inc. 202 NW 9 Ave. Motion Ms. Simshauser moved Case #06 -678 be tabled to July 18, 2007. Ms. Carroll seconded the motion that carried unanimously. Case #07 -2943 National Land Company 12807 Lake Dr. Motion Ms. Simshauser moved Case #06 -2943 be tabled to July 18, 2007. Ms. Carroll seconded the motion that carried unanimously. Case #07 -505 Millicent Forbes 715 Mission Hill Rd. Motion Ms. Simshauser moved Case #07 -505 be tabled to July 18, 2007. Ms. Carroll seconded the motion that carried unanimously. VII. Discussion There would be a lien reduction hearing on June 28, 2007. Attorney Tolces advised this board had issued an order in the Ralph & Rosie's Restaurant case. Ralph & Rosie's had appealed that order to the Circuit Court and, 35 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 20, 2007 based upon that order, the City's Business Tax Receipt Department had sent a notice to the business advising they would revoke their business tax receipt and ability to operate in the City of Boynton Beach. The owner had appealed to the City's Building Board of Adjustment and Appeals. In light of the processes going on, Ralph and Rosie's had filed a Motion to Stay Proceedings, pending appeal with the Code Compliance Division, which was filed with the City. The Motion requested this board consider freezing the effect of the order previously entered. This item would be placed the agenda for June 26, 2007. Ralph & Rosie's attorney would be present. It would the board's decision if it wished to stay the effect of the board order, which could enable them to forgo any proceeding before the City's Building Board of Adjustment and Appeals. City Attorney Cherof would be attending the Lien reduction meeting, as Attorney Tolces would be out of town. VII. Adjournment There being no further business, the meeting properly adjourned at 9:03 p.m. ~~ Dt- ---- Stephanie D. Kahn Board Secretary 36