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Minutes 07-18-07 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON MONDAY, JULY 18, 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 Robert Foot George Moyer Scott Blasie, Code Compliance Administrator David Tolces, Assistant City Attorney ABSENT: Kathleen Cook I. Call to Order Chair Costantino called the meeting to order at 7:00 p.m. II. Approval of Agenda Pete Roy, Chief Code and Rehabilitation Officer, requested Case #03-2123 be tabled to January 16, 2008. First Vice Chair Yerzy moved the above case be tabled to January 16, 2008. Ms. Carroll seconded the motion that passed unanimously. Officer Roy reported Case #07-1505 was removed; Case #07-1713 complied. Mr. Foot moved approval of the agenda as amended. First Vice Chair Yerzy seconded the motion that passed unanimously. III. Swearing in of Witnesses and Introduction Attorney Tolces set forth the hearing procedures and administered the oath to all who would be testifying. 1 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2007 IV. New Business Officer Roy called the roll and determined who was present. Case #07-289 Location: Violation: Keith A. and Shirley A. Gorles 2660 NE 4th Court CH15-Art. IX-15-120(D) 1 Inc. Sod bare spots in yard. Officer Roy presented the case and reviewed the details of the violation. Proof of service was accepted via certified mail. Respondents were given 30 days to comply. Mr. and Mrs. Gorles attended the March 2007 meeting. Officer Roy reported Mrs. Gorles was present. Katie Gorles, 2660 NE 4th Court, daughter of the owners, was authorized to speak on their behalf. She pled guilty, and added the owners were attempting to remedy the violation. The bathrooms had been re-piped. The side yard was torn apart. She believed the respondents could come into compliance in 60 days. Officer Roy advised the respondents were cited in February, 2007, prior to the issuance of the water restrictions. Motion Based on the testimony and evidence presented in Case #07-289, First Vice Chair Yerzy moved that this board find that Keith A. and Shirley A. Gorles 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 September 16, 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 September 16, 2007 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that passed unanimously. Case No. 07-1825 Location: Violations: Midroy Victor NE 10th Avenue (Vacant lot on MLK Blvd.) CH15-Art.IX-15-120(B).1 CH 15-Art.IX-15-120(D) Inc. Mow grass, weeds and trim lot and right-of-way. 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2007 Pete Mike Melillo, Senior Code Officer, presented the case and reviewed the details of the violations. Proof of service was accepted via certified Mail. Respondent was given ten days to comply. Officer Melillo reported Mr. Victor was presented. Midroy Victor, 13633 8ih St., N., West Palm Beach, pled not guilty. He advised he mowed the grass as directed, with the exception of one section in the front of the property, which he contended was owned by another person. Officer Melillo provided photographs indicating a right-of-way in front of Mr. Victor's property. The lot behind the right-of-way, Mr. Victor's property, was mowed. The right-of-way was not directly in front of Mr. Victor's property. Mr. Victor provided photographs and a survey indicating an easement to the west of the property. Upon receipt of the violation, Mr. Victor was advised by the Inspector he was to mow half of the easement, which he did. The other half, the front portion, was not mowed. In addition to the photographs, Officer Melillo provided the board with a map of the right-of-way. The photographs and map indicated the lot was not mowed as of 6:00 p.m this date. Chair Costentino advised the swale maintenance was Mr. Victor's responsibility as it was in front of his Property, and was in need of mowing. Officer Melillo noted the record indicated the property was reinpsected on June 25, 2007, and while the lot came into compliance, the right-of-way violation still existed. Motion Based on the testimony and evidence presented in Case #07-1825, First Vice Chair Yerzy moved that this board find that Midroy Victor 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 28, 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 July 28, 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. 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2007 Chair Costentino reminded the respondent he had until July 28, 2007 to mow the right- of-way. Case # 07-1819 Location: Violations: Yonel and Micheline Josma 126 SW 10th Avenue Ch.15-Art.IX-15-120(D) 1 Inc. BBA FBC '04 105.1.1 Remove all unlicensed and inoperable vehicles from property; remove all trash and debris from yard; obtain permit for wooden fence. Willie Webb, Senior Code Officer, presented the case and reviewed the details of the violations. Proof of service was accepted via certified mail. Respondent was given ten days to comply. Officer Webb reporedt Ms. Josma was present. Ms. Theus, 126 SW 10th Avenue; Yonel Josma, 126 SW 10th Avenue. Ms. Theus spoke on behalf of Mr. Josma, advising Mr. Josma pled guilty. Ms. Theus believed Mr. Josma could come into compliance immediately. Mr. Yosma obtained a permit for the fence, and would clean the back yard as soon as possible. The fence had already been installed when he purchased the house in May 2007, and the fence was on the property. The previous owner did not obtain a permit for the fence. The automobiles in front of the house had tags affixed. A tag would be obtained for the Mercedes Benz on July 19, 2007. Motion Based on the testimony and evidence presented in Case #07-1819, First Vice Chair Yerzy moved that this board find that Yonel and Micheline Josma 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 2, 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 2, 2007 plus Administrative Costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that passed unanimously. Per the request of Attorney Tolces, Ms. Theus stated for the record Mr. Josma understood what had to be done to come into compliance by August 2, 2007. 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2007 Case # 06-3118 Karl Schultz 1991 NE 1st Lane Courtney Cain, Code Officer, presented the case and noted the violations included removing the blue tarp from the roof and repairing or replacing the roof; and obtaining a business tax receipt. Respondent had complied with the roof portion of the violation. The hearing was held on February 21, 2007, and the responded appeared. The compliance date and proposed fine set by the board was April 7, 2007 or $50 per day. It was noted the remaining violation had not come into compliance, having 101 days of non-compliance. Officer Cain reported Mr. Schultz was present. Karl Schultz, 192 Par Drive, Royal Palm Beach, advised a litigation was pending on the property. There was a leaseback option on the property, and the tenant was attempting to buy back the property from Mr. Schultz. This issue prohibited respondent from obtaining a business tax receipt, as the tenants were hostile and would not allow respondent access to the premises. Respondent advised he had previously paid for the business tax receipt. Respondent's attorney had contacted the tenant's attorney in order to remedy the situation. However, the tenant's attorney had failed to return the calls. Respondent had also requested mediation some time ago, which was refused by the tenant. Respondent pointed out he had made every effort to resolve this issue, including his attendance at all Code Compliance meetings regarding this matter. Respondent advised a hearing was scheduled for July 24, 2007 with regard to escrowing the rent monies with the Court, and requested this case be tabled for 30 days. Motion Mr. Foot moved the case be tabled until August 15, 2007. Second Vice Chair Simshauser seconded the motion that passed unanimously. Case # 07-561 Yachtsman Properties LLC- 1550 N. Federal Highway Andrew P. Cohen Courtney Cain, Code Officer, presented the case and reviewed the violations. He noted the following violations had complied: repair of dock enclosures; removal of raw garbage and trash; repair of grease traps; meter room was secured; fac;ade and free standing signs were repaired/replaced. Officer Cain advised one fac;ade sign in the vicinity of the arcade required full repairs. Andrew Cohen, 3320 Delray Bay Drive, #307, Delray Beach, advised the tenant would repair the fac;ade sign as part of the moving-in process within a few days. 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2007 Officer Cain reported on the following violdtions: complied: missing roof tiles, building lights, and stucco-damaged areas on th-= building; not complied: landscaping and irrigation, and lights in parking area. Mr. Cohen advised only one light had not been repaired as the fixtures were old and locating housing for the fixtures was difficult. Several lights were taken down and all but one was put back up. Several bulbs would be changed at the same time the housing for the light was purchased. This should be attended to within the next few days. Officer Cain reported the hedges along 15th Place were trimmed and therefore complied. The hearing was held March 21, 2007 and Mr. Cohen appeared. The Compliance date and proposed fine set by the board was June 19, 2007 or $250 per day, having 28 days of non-compliance. Mr. Cohen advised all that remained to come into compliance was the landscaping. He was in the process of obtaining the landscaping plan and had gone through the City's permitting division and Planning and Zoning Department. In the alternative, Mr. Cohen would meet with the landscape planner and create an ad hoc plan. He estimated a timeframe of 60 or 90 days was necessary to generate the landscape plan. Motion Mr. Foot moved to table the case to September 19, 2007. First Vice Chair Zerzy seconded the motion that passed unanimously. Case #07-564 Yachtsman Properties LLC- 1600 N. Federal Highway Andrew P. Cohen Officer Cain noted the violations were the same as the prior case above, but occurred at a different address. The hearing was held on March 21, 2007 and Mr. Cohen appeared. The Compliance date and proposed fine set by the board was June 19, 2007 or $250 per day. It was noted the violations had not come into compliance, having 28 days of non-compliance. Mr. Cohen advised the conditions remain the same as in the "sister" plaza located at 1550 N. Federal Highway. Motion Mr. Moyer moved to table the case to September 19, 2007. First Vice Chair Zerzy seconded the motion that passed unanimously. 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2007 Case #07-530 Lawrence Development Group LLC 7216 Lawrence Road Mike Melillo, Senior Code Officer, presented the case and reviewed the details of the violations. The hearing was held on April 16, 2007, no one having appeared. Compliance date and proposed fine set by the board was April 26, 2007 or $200 per day. All violations had come into compliance as of June 29, 2007, having 63 days of non-compliance. Officer Melillo noted Mr. Guinan was present. Gavin Guinan, 7649 Colony Lake Drive, Vice President of Operations for Lawrence Development Group, stepped forward to indicate he was present. Chair Costantino inquired as to why the board should not certify this lien. Mr. Guinan advised of earlier miscommunications with regard to the receipt of the notices of violations. Once Mr. Guinan was aware of the situation, the violations were addressed immediately and it was merely a matter of days until the violations came into compliance. The property was recently annexed into Boynton Beach from Palm Beach County, and development of the project was currently in the approval process. Officer Melillo confirmed the accuracy of Mr. Guinan's statements. Motion Based on the testimony and evidence presented in Case #07-530, Ms. Carroll moved that this board find that the Respondent has 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 $730.15 plus administrative costs. Mr. f'Jloyer seconded the motion. Officer Melillo believed the respondent would be certified a "No Fine," based on the lack of communication as set forth above. Chair Costantino noted lack of communication was cited by respondents in many cases, whether or not the property was posted. Further, as the property owner, it was Mr. Guinan's responsibility to be aware of any posting on the property. Officer Melillo pointed out Officer Herring confirmed the lack of communication between Code Compliance and the respondent. Mr. Guinan advised he was not aware of the original hearing, and as a result, no one appeared on behalf of the respondent. However, Mr. Guinan did attend the June 20, 2007 meeting and complied within days of the hearing. The violations were not associated with safety issues. 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2007 Scott Blasie, Code Compliance Administrator, believed Officer Herring's intent was to certify a "no fine," which he communicated to Diane Springer during the course of this case. Attorney Tolces pointed out a motion was made and seconded. An amendment to the motion could be entertained before a vote, if it was the board's pleasure to do so. Vote The motion failed unanimously. Motion Based on the testimony and evidence presented in Case #07-530, Mr. Moyer moved that this board find that the Respondent has 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 $0. First Vice Chair Zerzy seconded the motion that passed unanimously. Case #07-269 Javier and Landi Rivera 1516 NE 2nd Court Courtney Cain, Code Officer, recommended this case be tabled for 30 days. Motion Ms. Carroll moved to table this case until August 15, 2007. Second Vice Chair Simshauser seconded the motion that passed unanimously. Case #07-739 Angeline Jean-Pierre and Francois G. Godard 146 SE 8th Avenue Willie Webb, Code Officer, presented the case and reviewed the details of the violations. The hearing was held May 16, 2007, no one having appeared. The compliance date and proposed fine set by the board was May 26, 2007 or $50 per day. It was noted the violations had not come into compliance, having 52 days of non- compliance. Angeline Jean-Pierre, 146 SE 8th Avenue, advised the vehicle and basketball goal were removed. She advised she communicated with a contractor to repair the fence, but was short of funds. She alleged she had not received any other notices, and that her mailing address was incorrect. She had received notice posted on her door. She 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2007 confirmed her mailing address as noted above, which was the address contained on the City's records. Officer Webb advised the notice was sent via certified mail and was returned, unclaimed. Ms. Jean-Pierre corr.rnented the green receipt was addressed to 6484 Seminole Road. Attorney Tolces advised the City had a copy of an envelope dated July 14, 2007 that was sent to 6484 Seminole Road, Lake Worth. Officer Webb advised the property was physically posted on three separate occasions. Ms. Jean-Pierre advised she resided at the Seminole Road address three years ago. Chair Costantino pointed out Ms. Jean-Pierre likely did not change her previous address noted on the County tax records. The property was posted, and the fine was still running at $50 per day, or $2,600 to date. The board reviewed a photograph provided by Officer Webb, evidencing the posting. Officer Webb advised the right-of-way was not mowed, and the grass was nearly three feet high. He added, most of the trash, the bus and basketball goal were removed. Chair Costantino inquired whether a permit was necessary to remove the fence. Officer Webb explained a permit was not needed to take down the fence but was required to place it back into position. Ms. Jeane-Pierre advised she was in the process of obtaining a permit. She believed she would require 60 days to secure funds to come into compliance. Officer Webb provided a photograph of the fence for the board's review. In addition to the appearance of the fence, at issue was the potential danger the fence could cause in the event of a hurricane. The board discussed tabling the case, but noted it would be to respondent's advantage to come into compliance as soon as possible, as the fines were continuing to accrue. Motion Mr. Foot moved to table the case until September 19, 2007. Second Vice Chair Simshauser seconded the motion that passed unanimously. Case #05-363 Sandra E. Puerta 409 NE 10th Avenue Scott Blasie, Code Compliance ,l\dministrator, presented the case and reviewed the details of the violation. Ms. Puerta was the property owner at the time the case was 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2007 initiated. The current owner of the property was Peggy Hankerson. The hearing was held May 18, 2005, no one having appeared. Compliance date and proposed fine set by the board was May 28, 2005 or $100 per day. A permit was issued and the case came into compliance on June 15, 2007, having 747 days of non-compliance, plus administrative costs. He provided photographs of the fence, which also reflected the appearance of the property. Attorney Tolces administered the oath to Ms. Puerta, as well as those persons who were not previously sworn in. Sandra Puerta, 6476 Kirsten Way, Lake Worth, advised she no longer resided at the property and was unaware the fence was installed by Ms. Hankerson. The issue did not come up at the closing. The title company did not record the deed for five months following the sale of the property. Thus, the property was still in Ms. Puerta's name, and the citation was issued in Ms. Puerta's name. Ms. Puerta contended she was unaware of the violation, as the notice was delivered to the property. Upon discovering the violation, Ms. Puerta contacted the purchaser and took measures to cure the violation. Ms. Puerta advised she sought a reduction of the fine and administrative costs. Mr. Blasie advised the deed was recorded November 14, 2005. Mr. Foot pointed out the warranty deed was executed prior thereto, but not before May 18, 2005, at the time of the initial board hearing. The Deed was recorded following issuance of the Notice of Violation on February 10, 2005. Attorney Tolces provided clarification, adding the Notice of Violation was delivered to the property. During the process of the sale of the property, the deeds were executed The City's lien was recorded after the closing, but prior to the deed being recorded. Thus, the City's lien was still val;d. Mr. Blasie commented the City's notices were sent to 2787 10th Avenue North, #207, the address reflected on the respondent's tax bills and included in the records of the Property Appraiser as well. Further, Mr. Blasie noted he had in his possession a printout from the Property Appraiser's office dated February 10, 2005, which indicated the name of Sandra E. Puerta, as well as her mailing address. Kevin Ballard, 550 NW 13th Avenue, believed the address the City had for Ms. Puerta was not correct and led to a communication breakdown. Mr. Blasie reiterated the notices were sent to Ms. Puerta at the addresses maintained in the Palm Beach County Tax office and Property Appraiser's office. Accordingly, any breakdown in communication was between Ms. Puerta and the County. 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2007 Chair Costantino noted it was the respondent's responsibility to provide the correct address to the Property Appraiser's office. Mr. Blasie advised the property was posted. Three letters were returned, unclaimed, from the 10th Avenue address. Mr. Blasie advised the fence was approved for a permit. The board determined the permit was not pulled and the violation was an administrative, rather than public safety, issue. Motion Based on the testimony and evidence presented in Case #05-363, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 284-289 of the City of Boynton Beach Code or Ordinances, First Vice Chair Yerzy moved that the board reduce the fine instituted in Case #05-363, by virtue of this board's order of May 18, 2005, to an amount of $1,000 including administrative costs. The motion failed for lack of a second. Motion Based on the testimony and evidence presented in Case #05-363, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 284-289 of the City of Boynton Beach Code or Ordinances, First Vice Chair Yerzy moved this board reduce the fine instituted in Case #05-363, by virtue of this board's Order of May 18, 2005, to an amount of $500 plus administrative costs. Mr. Foot seconded the motion. Chair Costantino concluded she could not support the motion. The respondent built homes and was well acquainted with permitting and licensing procedures. Vote Motion passed 4-2, Chair Costantino and Mr. Moyer dissenting. Mr. Blasie advised Ms. Puerta once the board's order was formalized in writing and forwarded him by Code Compliance, the package would then be provided to the City Commission. The Commission would have seven days to review the Order and if a Commissioner had any objections, the Commissioner could request the item go before the City Commission. As the Appellant, Ms. Puerta would have the same option. 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2007 Attorney Tolces advised Ms. Puerta would have to pay $1,134.12 to the City if the Order was signed and not appealed, and finalized within 90 days of the date it was signed. Mr. Blasie added the above sum was a reduction of the $74,700 lien, which could be provided to the City if the matter did not go before the City Commission. Case #07-745 Location: Violation: Esther Simplice and o. Guichar 812 NW 8th Avenue BBA FBC '04 105.1.1 Obtain building permit for enclosed habitable. Attorney Tolces administered an oath to Ms. Simplice. Skip Lewis, Senior Code Officer, presented the case and reviewed the details of the violations. Proof of service was accepted via certified mail. Respondents were given 30 days to comply. Officer Lewis reported Ms. Simplice was present. Esther Simplice, 812 NW 8th Avenue, pled guilty. Officer Lewis advised he previously spoke to the Respondents, and they acknowledged they purchased the house. At issue was a closed-in portion of the garage. At the time Officer Lewis discovered the ~tructure, he informed the Respondents the structure required a permit. Ms. Simplice met with Officer Lewis and advised she did not have the funds to remove the enclosed habitable or to obtain a permit. Officer Lewis suggested she disassemble the structure and restore it to a garage. Officer Lewis advised he observed a dry wall inside the garage which divided the structure from the inside. He believed the space was used as a bedroom. Ms. Simplice believed she was not guilty, as the previous owners advised a permit was obtained. Ms. Simplice advised she purchased the house as a four-bedroom dwelling. Attorney Tolces advised, although the house may have been listed as a four-bedroom dwelling, it may not have been permitted as a four-bedroom dwelling. The City would have records as to the manner in which it was originally permitted. Attorney Tolces stressed Ms. Simplice, as the current property owner, was responsible for what might have happened in the past and while unfortunate, she would have the right to seek redress from the previous owner. However, this board could only look to Ms. Simplice, with respect to the present conciition of the property. 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2007 Attorney Tolces administered the oath to Mr. Simplice. Mr. Simplice advised time was needed to come into compliance, as the respondents would have to confer with the mortgage broker. Chair Costantino reiterated the City's issue was the structure was constructed without a permit and it was not known whether the structure was constructed safely, and whether a permit was obtained for the electricity. This situation could endanger the family. The Board concurred it was the responsibility of the respondents to either remove the wall and restore the area to a garage, or obtain a permit. Motion Based on the testimony and evidence presented in Case #07-745, Second Vice Chair Simshauser moved that this board find that Esther Simplice and O. Guichar 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 17, 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 August 17, 2007, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. First Vice Chair Yerzy seconded the motion that passed unanimously. Case #07-1407 Boynton Beach Property Partners LLC 5473 Grand Park Place, Boca Raton, FL 33486 512 N. Federal Highway Ch.15-Art.IX-15-120(D) Inc. PT3-LDR. Ch. 4, Sec. 11 PT3-LDR. Ch. 7.5 5-II, Sec. 5.B Remove trash and debris; mow grass, weeds and trim; restore site to original landscaping plan. Location: Violations: Mike Melillo, Senior Code Officer, presented the case and reviewed the details of the violations. Proof of service was accepted via certified mail. Officer Melillo reported the Respondent was present. Jeff Sussman, 5473 Grand Park Place, Boca Raton, Managing Partner of the firm, pled guilty. Mr. Sussman indicated he had planned to level the property. The firm was 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2007 currently working with the City to acquire a portion of the alley in order to continue the development of the Phoenix, a 120-unit luxury high rise. He requested a postponement of 90 days in order to hire a demolition company, obtain a permit, and clear the property. It was intended for the land to remain vacant pending receipt of necessary approvals and commencement of construction. Officer Melillo advised the land was comprised of residential and commercial property, and it could take some time to obtain a demolition permit. He provided photographs of the property for the board's review. Mr. Sussman presented the board with an artist's rendering of the proposed building. The restaurant on the property, Mango Tango, was purchased by Boynton Beach Property Partners LLC. The proposed builrjing had two towers. It was necessary for Boynton Beach Property Partners LLC to negotiate with St. Mark Church to acquire the Church's portion of the road. The board discussed the violations, and fire that occurred at Mango Tango. Mr. Sussman advised the firm cleared the burned portion of the building and the trash and debris could be cleared until the building was demolished. The board discussed the photographs provided, and it appeared there were portions of the building that could easily become hurricane debris. Mr. Sussman pointed out he believed it was in the bests interests of all parties for the buildings to be demolished in order to avoid safety hazards. Motion Based on the testimony and evidence presented in Case #07-1407, Mr. Foot moved that this board find that Boynton Beach Property Partners LLC 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 2, 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 $100 per day for each day the violations continue past August 2, 2007, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. First Vice Chair Yerzy seconded the motion. Scott Blasie, Code Compliance Administrator, pointed out the last portion of the case required the property be restored to its original approved site plan. Fifteen days would 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2007 not provide reasonable time to accomplish this. The building itself did not appear to have a future, and the City would rather the buildings be torn down, as opposed to restoring the site to its original condition. Chair Costantino expressed concern with respect to safety issues that would impact school children in the area. Mr. Blasie contended if the buildings were demolished and a screened fence installed around the property, 90 days would be a reasonable timeframe within which to complete the demolition and permitting process. Motion Mr. Foot amended his motion to refer only to the removal of trash and debris, mowing grass, weeds and trim for 15 days to August 2, 2007, at $100 per day. First Vice Chair Yerzy seconded the motion that passed unanimously. Motion Based on the testimony and evidence presented in Case #07-1407, Mr. Foot moved that this board find that Boynton Beach Property Partners LLC are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violations as to returning the site to the original landscaping plan before October 16, 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 $100 per day for each day the violations continue past October 16, 2007, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this order. Second Vice Chair Simshauser seconded the motion that passed unanimously. Case #07-1350 Location: Violation: Donald Melvin 229 W. Ocean Avenue Ch. 15-Art. IX-15-120(D) Inc. BBA FBC '04 105.1.1 Repair driveway and obtain permit for water hookup. Willie Webb, Senior Code Officer, presented the case and reviewed the details of the violations. Notice was sent via certified mail, and was returned unclaimed. Respondent was given ten days to comply. The property was posted June 22, 2007. Officer Webb reported the respondent was present. 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2007 Donald Melvin, 229 W. Ocean Avenue, pled guilty. He believed he could make the necessary repairs in 30 days. Officer Webb provided photographs for the board's review. One section of the driveway required repairs. However, a permit was no longer necessary. Motion Based on the testimony and evidence presented in Case #07-1350, Mr. Moyer moved that this board find that Donald Melvin 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 August 17, 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 August 17, 2007, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. First Vice Chair Yerzy seconded the motion that passed unanimously. Case #07-1837 Location: Violations: Marcellus Jean Francois 238 SW 5th Avenue Ch. 15-Art. IX-15-120(D) 1 Inc. Chp. 13, Art 1, Sec. 13-16 Mow property and keep property free of trash and debns; remove all unlicensed and inoperable vehicles; obtain business tax receipt. Willie Webb, Senior Code Officer, presented the case and reviewed the details of the violations. Proof of service was accepted via certified mail. Respondent was given ten days to comply. Officer Webb reported the Respondent was present. Marcellus Jean Francois, 7723 Fourth Terrace, Lake Worth, pointed out he was not residing at the address provided, and pled guilty. He advised all of the vehicles were removed from the property. The property was not currently rented. Mr. Francois did not have access to the property, which was in foreclosure. Officer Webb indicated the Respondent had cleared the trash and debris, and removed the vehicles. A business tax receipt was necessary as it could not be determined who was residing in the house. If the respondent was residing at the premises, he would 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2007 still be the registered owner and a business tax receipt would not be required. Mr. Francois advised the property was previously rented before it went into foreclosure Attorney Tolces pointed out the testimony before the board indicated no one was renting the property. If there was no violation before the board, the case would likely have to be dismissed pending future violations. Motion With reference to Case #07-1837, First Vice Chair Yerzy moved the matter be dismissed. Second Vice Chair Simshauser seconded the motion that passed unanimously. Case #07-1759 Location: Violations: Leonie D. Verty 325 W 6th Avenue Ch. 2.5-12 and Ch. 2.5-13 Excessive false alarms. Scott Blasie, Code Compliance Administrator, presented the case and reviewed the details of the violations. Proof of service was accepted via certified mail. He recommended 30 days to comply, or $250 per day. Motion Based on the testimony and evidence presented in Case #07-1759, First Vice Chair Yerzy moved that this board find that Leonie D. Verty 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 August 17, 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 $250 per day for each day the violations continue past August 17, 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 #07-1815 Location: Violations: Boynton JCP Associates - Subway 801 N. Congress Avenue Ch. 2.5-3 and Ch. 2.5-7 Alarm operating permit and decal. 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2007 Scott Blasie, Code compliance Administrator, advised the case had complied. Motion Second Vice Chair Simshauser moved to dismiss Case #07-1815. First Vice Chair Yerzy seconded the motion that passed unanimously. Case # 07-1555 Location: Violation: Palm Beach County Housing Authority 1477 NW First Street Ch. 15-Art. IX-15-120 (B) 2 Inc. Remove basketball goal from swale area. Courtney Cain, Code Officer, presented the case and reviewed the details of the violations. Proof of service was accepted via certified mail. The city recommended ten days to comply. Motion Based on the testimony and evidence presented in Case #07-1555, Mf. First Vice Chair Zerzy moved that this board find that the Palm Beach County Housing Authority is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before July 28, 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 July 28, 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 passed unanimously. Case #07-1485 Location: Violations: Thornhill Limited Partnership 1961 NE 1st Way 10-2; 10-3 BBC of Ord. Chp. 13, Art. 1, Sec. 13-16 Mow overgrown yard; remove all trash and debris from yard and swale; obtain business tax receipt. Courtney Cain, Code Officer, presented the case and advised the case had complied. 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2007 Mr. Foot moved for dismissal of Case #07-1485. First Vice Chair Yerzy seconded the motion that passed unanimously. Case #07-1813 Location: Violations: Anne Marie Pons 3615 SE 1st Street 10-2 BBC of Ord. BBA FBC '04 105.1.1 424.2.17.1.8 FBC 2000 Install pool barrier; mow yard, trim bushes; paint fence. Luney Guillaume, Code Compliance Inspector, presented the case and reviewed the details of the violations. Service was effectuated by posting. The City recommended ten days to comply. Inspector Guillaume noted a pool was located on the property. Motion Based on the testimony and evidence presented in Case #07-1813, Second Vice Chair Simshauser moved that this board find that Anne Marie Pons 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 28, 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 $200 per day for each day the violations continue past July 28, 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 compl:ance with this Order. First Vice Chair Yerzy seconded the motion that passed unanimously. Case # 07-1814 Location: Violations: Mark F. Wells 3622 SE 1 st Street 10-2 BBC of Ord. LDR Ch.20 Art. I, See. 8 E-16 PT3-LDR. Ch. 2, See. 4,J.1 Mow overgrown yard and trim hedges; install house number (4 inches) to be visible from street. Luney Guillaume, Code Compliance Inspector, presented the case and reviewed the details of the violations. Service was effectuated via posting. The City recommended ten days to comply. 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2007 Motion Based on the testimony and evidence presented in Case #07-1814, First Vice Chair Yerzy moved that this board find that Mark F. Wells 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 28, 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 July 28, 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 #07-913 Location: Violations: Lois C. and Bill Camilot 306 sw ih Street Ch. 15-Art. IX-15-120(D) Inc. Remove all inoperable vehicles from property (including carport); Mow and de-weed overgrown yard areas and remove all trash and debris. Skip Lewis, Senior Code Officer, presented the case and reviewed the details of the violations. Service was accepted via certified mail. The City recommended 15 days to comply. Motion Based on the testimony and evidence presented in Case #07-913, Second Vice Chair Simshauser moved that this board find that Lois C. and Bill Camilot 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 2, 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 2, 2007, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. First Vice Chair Yerzy seconded the motion that passed unanimously. Case #07-1284 Location: Violations: Bias H. Leandro 324 NW ih Court Ch. 15-Art. IX-15-120(D) Inc. 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2007 Ch. 15-Art. IX-15-120(E) Ine. 10-3 BBC of Ord. Remove or replace deteriorated fence; remove hazardous deteriorated shed materials. Skip Lewis, Senior Code Officer, presented the case and reviewed the details of the violations. Service was effectuated by posting. The City recommended 30 days to comply. Officer Lewis advised the fence was repaired. However, it would be necessary for the shed deteriorated by Hurricane Wilma to be torn down. Motion Based on the testimony and evidence presented in Case #07-1284, First Vice Chair Yerzy moved that this board find that Bias H. Leandro 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 August 17, 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 August 17, 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 passed unanimously. Case #07-1626 Location: Violations: Michael C. and Maryann DeSimone 514 West Ocean Avenue Ch.15- Art. IX-15-120 (D) 1 Ine. 10-3 BBC of Ord. 10-2 BBC of Ord. Clean up and remove all inoperable trucks, vehicles, scrap metal, trash and all debris from vacant property. Skip Lewis, Senior Code Officer, presented the case and reviewed the details of the violations. Service was effectuated by posting. The City recommended 15 days to comply. Respondents had cleared much of the debris and approximately 5% remained to comply. Motion Based on the testimony and evidence presented in Case #07-1626, Ms. Carroll moved that this board find that Michael C. and Maryann DeSimone are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2007 correct the violations on or before August 2, 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 August 2, 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 passed unanimously. Case #07-1381 Gail Luchey 8517 Estates Drive, West Palm Beach 124 NW 10th Avenue Ch. 15-Art. IX-15-120 (D) Inc. Remove all trash and outside storage; remove all unregistered and inoperable motor vehicles from property. Location: Violations: Mike Melillo, Senior Code Officer, presented the case and reviewed the details of the violations. Notice sent by certified mail was returned, unclaimed. Officer Melillo advised the vehicles were currently registered, but were still inoperable, and persons still resided in the vehicle. The City recommended ten days to comply. Officer Melillo noted the respondent was a previous violator. Motion Based on the testimony and evidence pre~ented in Case #07-1381, Ms. Carroll moved that this board find that Gail Luchey 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 28, 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 $500 per day for each day the violations continue past July 28, 2007, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. First Vice Chair Yerzy seconded the motion that passed unanimously. Case #07-1737 Location: Violations: Linda Giovinazzo 3260 Orange Street Ch. 15-Art. IX-15-120(D) Inc. Remove debris from carport including unregistered and inoperable vehicles 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2007 Mike Melillo, Senior Code Officer, presented the case and reviewed the details of the violations. Service was accepted via certified mail. The City recommended ten days to comply. It was noted the Respondent was a repeat offender. Motion Based on the testimony and evidence presented in Case #07-1737, Mr. Moyer moved that this board find that Linda Giovinazzo 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 28, 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 28, 2007, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. First Vice Chair Yerzy seconded the motion that passed unanimously. Case #07-926 Location: Violations: Peta Gaye Dunn 121 SE 1il1 Avenue Chp. 13, Art. I, See. 13-16 PT3-LDR.Ch.20-VIII. See. 1.G. PT3-LDR.Ch.20-VIII.Sec. 2.A. Dwelling is unfit for habitation. Unit has unsafe wiring, water damaged ceiling, and leaking roof; business tax certificate is required, Willie Webb, Senior Code Officer, presented the case and reviewed the details of the violations. Service was effectuated by posting. The City recommended 30 days to comply. Officer Webb noted the property was vacant. Motion Based on the testimony and evidence presented in Case #07-926, First Vice Chair Yerzy moved that this board find that Peta Gaye Dunn 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 28, 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 $200 per day for each day the violations continue past July 28, 2007, plus 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2007 Motion Based on the testimony and evidence presented in Case #07-926, First Vice Chair Yerzy moved that this board find that Peta Gaye Dunn 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 28, August 17, 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 $200 per day for each day the violations continue past July 28, August 17, 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 passed unanimously. Case #07-1577 Omari Murray 201 SW 11th Avenue 408 SW 10th Avenue Ch. 15-Art. IX-15-120(D) 1 Inc. LDR Ch.20-Art. I, Sec. 8 E-16 Mow property and keep free of trash and debris; trim overgrowth; remove unlicensed and inoperable vehicles from yard; removed unused items from carport; place 4 inch numbers on building visible from street. Location: Violations: Willie Webb, Senior Code Officer, presented the case and reviewed the details of the violations. Service was effectuated by posting. The City recommended ten days to comply. Officer Webb advised the Respondent was a repeat violator. Motion Based on the testimony and evidence presented in Case #07-1577, Second Vice Chair Simshauser moved that this board find that Omari Murray 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 28, 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 $250 per day for each day the violations continue past July 28, 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- 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2007 Motion Based on the testimony and evidence presented in Case #07-1577, Second Vice Chair Simshauser moved that this board find that Omari Murray 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 28, 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 $1,000 per day for each day the violations continue past July 28, 2007, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. First Vice Chair Yerzy seconded the motion that passed unanimously. Case #07-1820 Location: Violations: Thomas W. McKean 127 SW 10th Avenue Ch. 15-Art. IX-15-120(d) 1 Ine. Keep property mowed and trimmed and free of all loose trash and debris. Willie Webb, Senior Code Officer, presented the case and reviewed the details of the violations. Service was effectuated by posting. The City recommended ten days to comply. Motion Based on the testimony and evidence presented in Case #07-1820, Mr. Moyer moved that this board find that Thomas W. McKean 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 28, 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 28, 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 passed unanimously. Code Officer Roy, recommended the following cases be certified at $50 per day: Case #06-3157; and Case #07-688. 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2007 Case #06-3157 Tracy Tinari 2011 NW 2nd Street Motion Based on the testimony and evidence presented in Case #06-3157, Ms. Carroll moved that this Board find that the Respondent, Tracy Tinari, has not complied with this Board's Order dated May 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 $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. Second Vice Chair Simshauser seconded the motion that unanimously passed. Case #07-688 Sarah Brown 529 NW 13th Avenue Motion Based on the testimony and evidence presented in Case #07-688, Ms. Carroll moved that this Board find that the Respondent, Sarah Brown, has not complied with this Board's Order dated May 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 $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. Second Vice Chair Simshauser seconded the motion that unanimously passed. Code Officer Roy recommended Case #07-363 be certified at $100 per day. Case #07-363 Michael Luchey 421 NW 3rd Street Motion Based on the testimony and evidence presented in Case #07-363, First Vice Chair Yerzy moved that this Board find that the Respondent, Michael Luchey, 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 $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. Second Vice Chair Simshauser seconded the motion that unanimously passed. 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2007 Code Officer Roy recommended the following case be certified at $250 per day: Case #07-178; and Case #06-2033. Case #07-178 Southern Homes of Palm Beach LLC 2505 Coastal Bay Boulevard Motion Based on the testimony and evidence presented in Case #07-178, Mr. Foot moved that this Board find that the Respondent, Southern Homes of Palm Beach LLC, has not complied with this Board's Order dated April 20, 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. First Vice Chair Yerzy seconded the motion that unanimously passed. Case #06-2033 BG Meadows Square LLC- 4791 N. Congress Avenue Marathon Motion Based on the testimony and evidence presented in Case #07-2033, Mr. Foot moved that this Board find that the Respondent, BG Meadows Square LLC-Marathon, has not complied with this Board's Order dated May 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 day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. First Vice Chair Yerzy seconded the motion that unanimously passed. Code Officer Roy announced the following case was closed: Case #04-731. Case #04-731 Thirty-Six Hundred Holdings LLC 3629 S. Federal Highway Second Vice Chair Simshauser moved Case #04-731 be dismissed. Ms. Carroll seconded the motion that passed unanimously. Officer Roy advised the following cases complied and recommended "No Fine." Case #07-58; Case #07-505; Case #07-591; Case #07-719; Case #07-867; Case #07-511; and Case #07-703. 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2007 Case #07-58 Team EMS LLC-Peter Friscia 1718 Corporate Drive Motion Based on testimony and evidence presented in Case #07-58, Ms. Carroll moved that this Board find that the Respondent, Team EMS LLC-Peter Friscia, was in violation of the City of Boynton Beach Code Sections as cited subsequent to the date of compliance specified in the Board's Order of March 23, 2007, and in consideration of the gravity of the violations and the actions taKen by the Respondent to remedy the violations and the previous violations of the Respondent that this Board impose and certify IINo Finell including administrative costs. Second Vice Chair Simshauser seconded the motion that unanimously passed. Case #07-505 Millicent Forbes 715 Mission Hill Road Motion Based on testimony and evidence presented in Case #07-505, Ms. Carroll moved that this Board find that the Respondent, Millicent Forbes, 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 May 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 IINo Finell including administrative costs. Second Vice Chair Simshauser seconded the motion that unanimously passed. Case #07-591 David Wilfork 104 NE 16th Avenue Motion Based on testimony and evidence presented in Case #07-591, Ms. Carroll moved that this Board find that the Respondent, David Wilford, 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 June 15, 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 IINo Finell including administrative costs. Second Vice Chair Simshauser seconded the motion that unanimously passed. 28 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2007 Case #07-719 Joseph E. and Marie L. Luma 1637 N. Seacrest Boulevard Motion Based on testimony and evidence presented in Case #07-719, Ms. Carroll moved that this Board find that the Respondents, Joseph E. and Marie L. Luma, 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 May 26, 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. Second Vice Chair Simshauser seconded the motion that unanimously passed. Case #07-867 Stephen Frazier 1616 NE 2nd Street Motion Based on testimony and evidence presented in Case #07-867, Ms. Carroll moved that this Board find that the Respondent, Stephen Frazier, 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 May 31, 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. Second Vice Chair Simshauser seconded the motion that unanimously passed. Case #07-511 1420 Holdings Regency Design 1420 SW 30th Avenue 04 Center-Karen L Motion Based on testimony and evidence presented in Case #07-511, Ms. Carroll moved that this Board find that the Respondent, 1420 Holdings Regency Design Center-Karen L, 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 June 15, 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. Second Vice Chair Simshauser seconded the motion that unanimously passed. 29 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2007 Case #07-703 Avon Investments Inc. 2625 N. Lake Drive Motion Based on testimony and evidence presented in Case #07-703, Ms. Carroll moved that this Board find that the Respondent, Avon Investments, Ine., 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 June 15, 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. Second Vice Chair Simshauser seconded the motion that unanimously passed. Officer Roy recommended the following cases be tabled to August 15, 2007: Case #06- 2782; Case #07-62; Case #06-2943; Case #06-678; and Case #07-520. Case #06-2782 Boynton Flex LLC- Disaster America of Florida 3479 High Ridge Road Motion First Vice Chair Zerzy moved to table Case #06-2782 until the Code Compliance Board meeting to be held August 15, 2007. Second Vice Chair Simshauser seconded the motion that passed unanimously. Case #07-62 Diane Marie Dalelio 230 NE 26th Avenue #306 Motion First Vice Chair Zerzy moved to table Case #07-62 until the Code Compliance Board meeting to be held August 15, 2007. Second Vice Chair Simshauser seconded the motion that passed unanimously. Case #06-2943 National Land Company Inc. 12807 Lake Drive Motion First Vice Chair Zerzy moved to table Case #06-2943 until the Code Compliance Board meeting to be held August 15, 2007. Second Vice Chair Simshauser seconded the motion that passed unanimously. 30 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 18, 2007 Case #06-678 Deliverance Holy Temple Inc. 202 NW 9th Avenue Pastor R. Smith Motion First Vice Chair Zerzy moved to table Case #06-678 until the Code Compliance Board meeting to be held August 15, 2007. Second Vice Chair Simshauser seconded the motion that passed unanimously. Case #07-520 Deliverance Holy Temple Inc. 202 NW 9th Avenue Pastor R. Smith Motion First Vice Chair Zerzy moved to table Case #07-520 until the Code Compliance Board meeting to be held August 15, 2007. Second Vice Chair Simshauser seconded the motion that passed unanimously. Officer Roy recommended the following case be tabled to September 19, 2007: Case #06-1441. Case #06-1441 Randolph II and Martha Williams 2810 SE 5th Circle Motion Second Vice Chair Simshauser moved to table Case #06-1441 until the Code Compliance Board meeting to be held September 19, 2007. Ms. Carroll seconded the motion that passed unanimously. VIII. Adjournment First Vice Chair Yerzy moved to adjourn. Second Vice Chair Simshauser seconded the motion that passed unanimously. The meeting adjourned at 9:14 p.m. (" 1)\ ;}7-- - ~ ~riL Stephanie D. Kahn Recording Secretary 31