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Minutes 08-15-07 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON MONDAY, AUGUST 15, 2007, 7:00 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Richard Yerzy, 1st Vice Chair Kathy Cook Robert Foot George Moyer Scott Blasie, Code Compliance Administrator David Tolces, Assistant City Attorney (arrived at 7:17 p.rn.) ABSENT: Lisa Simshauser, 2nd Vice Chair Kathleen Carroll I. Call to Order Chair Costantino called the mee~ing to order at 7:00 p.m. II. Approval of Agenda Pierre Vestiguerne, Senior Code Officer, advised Case #07-1839 and Case #07-2243 complied; and Case #07-989 was removed. The agenda indicated, under VII. Discussion, there would not be a lien reduction hearing on August 23, 2007. It was requested this be corrected to indicate there would be a lien reduction meeting on August 23, 2007. Mr. Foot moved to approve the agenda as amended. Mr. Moyer seconded the motion that passed unanimously. III. Approval of Minutes for Meeting of June 20, 2007 1. Case #06-2472, missing from mirutes, was tabled to 9/19/07. 2. Case #07-831, missing from minutes, complied. 3. Case #04-2664, missing from minutes, was tabled to 12/19/07. Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2007 4. Case #04-2665, missing from minutes, was tabled to 12/19/07. 5. Case #07-974, missing from minutes, was removed from agenda. 6. Page 7, Case #06-1635, appeared as Case #067-1635 in motion paragraph. 7. Page 9, Case #07-118, should have been Case # 07-1118. 8. Page 10, Case #06-705, fine certified in the amount of $1,306.33. The words "per day" should be omitted. 9. Page 13, Case #07-2928 should be 06-2982. Motion Mr. Moyer moved to approve the minutes of June 20, 2007 as amended. Mr. Foot seconded the motion that passed unanimously. Approval of Minutes for Meeting of June 28, 2007 Motion Mr. Moyer moved to approve the minutes of June 28, 2007. First Vice Chair Yerzy seconded the motion that passed unanimously. IV. Swearing in of Witnesses and Introduction First Vice Chair Yerzy set forth the hearing procedures, and Code Compliance Secretary, Diane Springer, administered the oath to all who would be testifying. Vestiguerne Pierre, Senior Code Officer, called the roll and determined who was present. Chair Costantino requested moving Case #07-352 and Case #07-983 to the front of the agenda. There were no objections to the request. Case #07-352 Location: Violations: Annie Jones 314 NW 3rd St. Ch.15-Art.IX-15-120(D)1 Inc. Ch. 15-Art.IX-15-120(E)1 Repair roof and facia; repair windows and remove plywood; re-sod dead areas of yard and mow overgrowth. Pete Roy, Chief Code and Rehabilitation Officer, presented the case and reviewed the details of the violations. Thirty days was given to reply, and service was effectuated by posting on the property and at City Hall. Ms. Jones had contracted to have the 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2007 structure demolished, but cancelled the contract. Water and electric had been shut off at the premises. Ms. Jones was represented by attorney Elaine Gatsos, who was present to provide testimony. Elaine Gatsos, Esq., 1499 West Palmetto Park Road, Suite 210, Boca Raton, pled no contest. She requested 90 days to comply. Ms. Gatsos was recently hired regarding a mortgage problem that would prevent the structure from being demolished. It was the intent of the respondent to demolish the structure without breaching the mortgage. Water and power had been turned off, the locks would be changed, and the structure boarded up. If granted, the 90 days would provide the time needed for Ms. Gatsos to advise the respondent she could legally proceed with the demolition. Officer Roy advised the property did not present any hurricane hazards. Motion Based on the testimony and evidence presented in Case #07-352, Mr. Moyer moved that this board find that Annie Jones 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 November 13, 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 November 13, 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 #97 983 Mega MiRi Ce. 2951 SV! 14th Place Case #07-1742 Location: Violations: Brian and Daisy Maria Hugon 7012 Chesapeake Circle Ch.15-Art.lX-15-120(D) Inc. 10-2 BBC of Ord. Mow, weed and trim yard; remove dank water from pool. (City Attorney Tolces arrived at 7:17) John Herring, Code Officer, presented the case and reviewed the details of the violations. He advised 30 days was given to comply, and service was effectuated by posting at City Hall. Officer Herring had contact with a representative for the property, and the representative was present. The pool presented health and safety hazards. 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2007 The property had been maintained as to mowing and weeding. Therefore, the issue remaining pertained to the pool. Officer Herring provided photographs of the property and the pool for the board's review. The City recommended 10 days to comply. Cindy Katz, 16375 NE 18th Avenue, Suite 204, North Miami Beach, licensed real estate agent, pled no contest. She was authorized to speak on behalf of the respondents, who were served with foreclosure papers and relocated from the premises as a result of a hardship. The house was put on the market for sale and an offer was received. Ms. Katz was attempting to close on the sale as soon as possible, and asked for 90 days in order for the new owners to remedy the problem. She contended the pool was screened and no one could gain access. The board discussed possible health hazards caused by the water in the pool and whether the water could be drained or purified. Attorney Tolces indicated the options available at this time of the year would be minimal. If the pool were drained, heavy rains could cause the pool to pop out of the ground. Generally, some type of pesticide would be used to control mosquito larvae. The board expressed safety concerns for the neighbors in the surrounding areas and concurred with Officer Herring that 10 days should be given to comply. Motion Based on the testimony and evidence presented in Case #07-1742, Mr. Foot moved that this board find that Brian and Daisy Maria Hugon 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 25, 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 25, 2007 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. First Vice Chair Yerzy seconded the motion that passed unanimously. In response to the inquiry of Ms. Katz, Attorney Tolces advised if the respondents did not come into compliance by August 25, 2007, the fine would begin accruing and the certification of the fine would be set for another hearing date. Ms. Katz or the future property owners would have an opportunity to be heard before a lien was actually placed on the property. 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2007 Location: Violations: Augustin Diaz 1338 West Mang Street Lake Worth, Florida 60 Flamingo Drive Chp. 13, Art. 1, See. 13-16 BBCO Ch. 4, See. 4-18 PT3-LDR.Ch. 20-VIII.See. 2.A. Property is uninhabitable due to the loss of power; it is unlawful to maintain poultry or other livestock within City limits; obtain business tax receipt; remove debris from carport area including bed and sofa; remove unsafe wires for fan from carport. Case #07-2165 Pierre Vestiguerne, Senior Code Officer, presented the case and reviewed the details of the violations. Service was accepted via certified mail. Officer Pierre reported the respondent was present. Augustin Diaz, 1338 West Mango Street, Lake Worth, pled no contest, and requested 90 days to comply. He indicated he hired an electrician and would obtain a permit for the porch roof. The tenants would be moving out over the weekend. Officer Pierre confirmed the livestock was removed from the premises. He pointed out the people residing in the house were handicapped, and it would take them some time to move out. He did confirm the premises was uninhabitable. Additionally, there had been a fire in the house. The board discussed splitting the violations, and having the respondent return in 10 days to report on the status of the tenants, and provide a progress report as to the other violations. A fine could be certified based on the progress made after the expiration of the 10-day period. Chair Costantino suggested the City ensure that no one was residing at the premises and for the respondent to report back at the Lien Reduction hearing. Motion Based on the testimony and evidence presented in Case #07-2165, Mr. Foot moved that this board find that Augustin Diaz 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 25, 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 August 25, 2007 plus administrative costs shall be imposed. The Respondent is further ordered to contact 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2007 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. Chair Costantino recommended the respondent contact Officer Pierre, who would advise whether it would be necessary for Mr. Diaz to return to the Lien Reduction hearing. Location: Violations: Michael H. and Angelo Agnello Tr. P.O. Box 827 Palm Beach, Florida 206 NW 3rd Street Chp. 13, Art. 1 See. 13-16 Obtain business tax receipt in order to rent residence. Case #07-2044 Willie Webb, Senior Code Officer, presented the case and reviewed the details of the violations. Service was accepted via certified mail, and 15 days were given to comply. Michael Agnello, 208 Bermuda Lane, Palm Beach, pled no contest. He advised he submitted plans for a building permit to enclose a carport for storage at the site. Once this was completed, he would repair and replace the windows. He believed he could comply in 120 days. The property was currently rented, and respondent applied and paid for the business tax receipt. There were no screens on the windows. Officer Webb believed 120 days to comply would be acceptable. Attorney Tolces pointed out the City would not issue a business tax receipt unless the respondents were in compliance with all Code provisions. Officer Webb acknowledged no permit was obtained for the enclosed garage, which is a contributing factor as to why the respondent was not issued a business tax receipt. Officer Webb was not aware of any hurricane hazards. Chair Costantino suggested giving the respondents 60 days to comply, and having him return to the board and determine the progress that had been made. If he was moving forward, the board could consider tabling the case until the respondent had fully complied. Mr. Agnello advised he owned property in Palm Beach County for 20 years, and this was the first time he had appeared before this board. 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2007 Motion Based on the testimony and evidence presented in Case #07-2044, Mr. Moyer moved that this board find that Michael H. and Angelo Agnello Tr. 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 October 14, 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 October 14, 2007 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Cook seconded the motion. Vote The motion passed 4-1 (First Vice Chair Yerzy dissenting). Attorney Tolces advised the respondent would receive a notice in the event there was another hearing. However, if i1e came into compliance prior to October 14, 2007, it would be necessary for him to advise Officer Webb, otherwise the fine would begin accruing, and another hearing would be set with respect to the imposition of a lien. Case #06-3118 Karl Schultz 1991 NE 1st Street courtney Cain, Code Officer, presented the case and reviewed the details of the violations. The hearing was held February 21, 2007, and the respondent did appear. The compliance and proposed fine set by the board was February 21, 2007 or $50 per day. It was noted the violations had not come into compliance, having 129 days of non- compliance. Officer Cain reported the respondent was present. Karl Schutlz, 129 Par Drive, Royal Palm Beach, advised he was the property owner. Officer Cain pointed out the new roof was installed and the business tax receipt was issued. The owner was in litigation with the tenant. The tenant would not allow either the respondent or Officer Cain access to the premises, and this caused the delay. The roof violation was corrected months ago. ~espondent did everything possible to come into compliance. Officer Cain recommended "No Fine." The board discussed requiring the respondent pay for out-of-pocket costs to the City, and reminded the respondent of the importance of obtaining the business tax receipt prior to renting the premises. 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2007 Mr. Schultz advised he obtained the business tax receipt as soon as he was made aware of the violation. The tenant repeatedly denied Mr. Schultz access to the premises in order that he might cure the violations, and would now allow Officer Cain to inspect the premises. The respondent had rented the house for two years, was still in litigation and had not received rent in months. In addition to the loss of rent, Mr. Schultz had incurred attorneys' fees in this matter. The board reminded Mr. Schultz of his obligations as a landlord. Scott Blasie, Code Compliance Administrator, pointed out if the board were to certify the lien, the City was not in possession of the filing fees. Motion Based on the testimony and evidence presented in Case #06-3118, Ms. Cook moved that this board find that the respondent, Karl Schultz, 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 February 21, 2007, and in consideration of the gravity of the violations, the actions taken by the respondent to remedy the violations, and previous violations of the respondent, that this board impose and certify a fine in the total amount of $250. The motion failed for lack of a second. Motion Based on the testimony and evidence presented in Case #06-3118, First Vice Chair Yerzy moved that this board find that the respondent, Karl Schultz, 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 February 21, 2007, and in consideration of the gravity of the violations, the actions taken by the respondent to remedy the violations, and previous violations of the respondent, that this board impose and certify a fine in the total amount of $672.21. Mr. Foot seconded the motion. Chair Costantino asked for a roll call vote. Vote The Recording Secretary polled the members and the motion passed 4-1, (Ms. Cook dissenting) . Case #06-678 Deliverance Holy Temple, Inc. Pastor R. Smith 202 NW 9th Avenue 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2007 Pete Roy, Chief Code and Rehabilitation Officer, presented the case and reviewed the details of the violations. The hearing was held March 21, 2007, no one having appeared. The compliance date and pro[1osed fine set by the board was March 31, 2007 or $150 per day. The violations still existed, having 136 days of non-compliance. Pastor Smith, 202 NW 9th Avenue, advised he had hired a contractor. However, the contractor was unable to have the appropriate parties sign off on the remodeling work. Pastor Smith had left several telephone messages, and was waiting to hear from the contractor. The contractor assured Pastor Smith he would resolve the issue. Officer Roy noted Pastor Smith's application was on file. The City issued one permit with regard to both of Pastor Smith's cases appearing before the board. The permit would cover both air-conditioning and interior remodeling. Officer Roy instructed Pastor Smith to have his contractor pick up the permit, which was currently in Plans Review. The board considered tabling the case for one month, and reminded Pastor Smith that to date, fines have accrued in the amount of $23,000. Chair Costantino suggested tabling this case until the lien reduction meeting, which would provide a week for Pastor Smith to get in touch with his contractor. Thereafter, at the lien reduction meeting, he could inform the board as to his progress with the contractor. Motion Mr. Foot moved to table the case until August 23, 2007. First Vice Chair Yerzy seconded the motion that passed unanimously. Case #07-520 Deliverance Holy Temple, Inc. Pastor R. Smith 202 NW 9th Avenue Pete Roy, Chief Code and Rehabilitation Officer, presented the case and reviewed the details of the violations. The hearing was held May 16, 2007, Pastor Smith having appeared. The compliance date and proposed fine set by the board was June 15, 2007 or $50 per day. The violations still existed, having 60 days of non-compliance. Motion First Vice Chair Yerzy moved to table the case until August 23, 2007. Mr. Foot seconded the motion that passed unanimously. 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2007 Pastor Smith advised he would appear at the Lien Reduction hearing at 3:00 p.m. on August 23, 2007. Location: Violation: Beatrice C. and Jay H. Gassman 2636 SW 23rd Cranbrook Court BBA FBC '05 105.1.1 Generator permits were voided at contractor's request; secure new permits and call for inspection. Case #07-2188 Pierre Vestiguerne, Senior Code Officer, presented the case and reviewed the details of the violations. Service was accepted via certified mail. Officer Vestiguerne advised a generator was installed without the necessary permits, and the permits were voided at the contractor's request. The respondent was to have hired another contractor. Officer Vestiguerne reported Mr. Gassman was present. Jay H. Gassman, 2636 Cranbrook Court, advised he hired a contractor and the equipment was installed. However, the contractor went into bankruptcy, and Mr. Gassman was not notified until Cl few weeks ago of the voided permits. He then hired a second contractor, who also went into bankruptcy. He had now hired Randy Bone, with whom he had a contract. Mr. Gassman was uncertain as to why he was cited. Chair Costantino commented the work would not be finalized and the violation not cured until Mr. Bone secured the permit. She suggested Mr. Gassman contact Officer Vestiguerne as soon as the permit had been secured. Mr. Gassman informed the board he did not know how much time was needed until the permit was secured. Chair Costantino suggested he be given 30 days to resolve the issue. Motion Based on the testimony and evidence presented in Case #07-2188, Mr. Foot moved that this board find that Beatrice C. and Jay H. Gassman 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 14, 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 14, 2007 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2007 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 #07-2204 Location: Violation: Lisa J. Jensen 1052 W. Fairfax Circle BBA FBC '04 105.1.1 Permit expired; secure new permit and call for inspection; see red tag. Pierre Vestiguerne, Senior Code Officer, presented the case and reviewed the details of the violations. Service was effectuated by posting. Officer Vestiguerne reported the respondent was present. Lisa J. Jensen, 1052 W. Fairfax Circle, pled no contest. She contended she was unaware of the violation until this time. She believed the obligation to secure a new permit was that of the homeowner. She paid the contractor, who was now out of business. The permit was for shutters that were installed four years ago, and which survived several hurricanes. She did not understand why notice of the violation was not provided sooner. She telephoned the City Manager and he provided her with a contact, with whom she spoke. She inquired as to how long it would take to secure a permit and requested direction from the board. The board advised Ms. Jensen a new permit was required, and suggested she visit the Building Department to determine what was necessary to secure a permit for the shutters. The board added the original plans would be with the City. The board considered providing Ms. Jensen with time to ascertain the action necessary. Ms. Jenson advised she telephoned a contractor who would be available if needed. Motion Based on the testimony and evidence presented in Case #07-2204, Mr. Moyer moved that this board find that Lisa J. Jensen 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 29, 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 September 29, 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. 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2007 Vote Motion passed 4-1 (Ms. Cook dissenting). Chair Costantino requested the following two cases be moved up. The board had no objection to the request. Case #07-1901 Location: Violation: Ocean Avenue Holding LLC 306 NE 1st Avenue, #104 Chp. 13, Art. 1, See. 13-16 Renting Unit 104 without a business tax receipt; obtain business tax receipt. Willie Webb, Senior Code Officer, presented the case and reviewed the details of the violations. Service was accepted by certified mail. The City recommended ten days to comply. Officer Webb pointed out the premises was next to Kenny's Market. He reported the respondent was present. Robert Mills, 306 E. Ocean Avenue, Unit #107, president and treasurer of the condominium association, believed the principals of Ocean Avenue Holding LLC, Ryan Copp and his father, misappropriated monies and were thought to be slum lords by their tenants. The board pointed out while Mr. Mills' opinion was appreciated, the only evidence the board could consider pertained to the violation itself. Mr. Mills advised Mr. Copp had rented the units unchecked through the board for years. Additionally, Mr. Copp did not convert the units to condominiums, and the units had been independently-owned condominiums since the inception of the building. Chair Costantino advised each of the Ocean Avenue Holding LLC cases were considered to be new cases, and while Mr. Mills could render his opinion, the board could not rely on his testimony. Attorney Tolces pointed out at issue were the business tax receipts. Mr. Copp owned five units in the same building and had not obtained business tax receipts. This could be taken into consideration with regard to any motion made. 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2007 Motion Based on the testimony and evidence presented in Case #07-1901, Mr. Moyer moved that this board find that Ocean Avenue Hoiding 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 August 25, 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 August 25, 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 #07-1902 Location: Violation: Ocean Avenue Holding LLC 306 E. Ocean Avenue, #112 Ch. 13, Art. 1, See. 13-16 Renting Unit # 112 without a business tax receipt; obtain Business tax receipt. Willie Webb, Senior Code Officer, presented the case and reviewed the details of the violations. Service was accepted by certified mail. The City recommended 10 days to comply. Motion Based on the testimony and evidence presented in Case #07-1902, First Vice Chair Yerzy moved that this board find that Ocean Avenue Holding 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 August 25, 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 August 25, 2007 plus administrative costs shall be imposed. The respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that passed unanimously. 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2007 Case #07-1903 Location: Violation: Ocean Avenue Holding LLC 306 E. Ocean Avenue, #204 Ch. 13, Art. 1, Sec. 13-16 Renting Unit #204 without a business tax receipt; obtain business tax receipt. Willie Webb, Senior Code Officer, presented the case and reviewed the details of the violations. Service was accepted by certified mail. The City recommended 10 days to comply. Motion Based on the testimony and evidence presented in Case #07-1903, First Vice Chair Yerzy moved that this board find that Ocean Avenue Holding 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 August 25, 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 August 25, 2007 plus administrative costs shall be imposed. The respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that passed unanimously. Case #07-1904 Location: Violation: Ocean Avenue Holding LLC 306 E. Ocean Avenue, #205 Ch. 13, Art. 1, See. 13-16 Renting Unit #205 without a business tax receipt; obtain business tax receipt. Willie Webb, Senior Code Officer, presented the case and reviewed the details of the violations. Service was accepted by certified mail. The City recommended 10 days to comply. Motion Based on the testimony and evidence presented in Case #07-1904, First Vice Chair Yerzy moved that this board find that Ocean Avenue Holding 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 August 25, 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 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2007 with this order, a fine in the amount of $1,000 per day for each day the violations continue past August 25, 2007 plus administrative costs shall be imposed. The respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that passed unanimously. Case #07-1905 Location: Violation: Ocean Avenue Holding LLC 306 E. Ocean Avenue, #210 Ch. 13, Art. 1, See. 13-16 Renting Unit #205 without a business tax receipt; obtain business tax receipt Willie Webb, Senior Code Officer, presented the case and reviewed the details of the violations. Service was accepted by certified mail. The City recommended 10 days to comply. Motion Based on the testimony and evidence presented in Case #07-1905, Mr. Moyer moved that this board find that Ocean Avenue Holding 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 August 25, 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 August 25, 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 #07-1044 136 BBB Property LLC 136 and 140 W. Boynton Beach Boulevard and NW 2nd Avenue Willie Webb, Senior Code Officer, presented the case and reviewed the details of the violations. The hearing was set for June 20, 2007, no one having appeared. Compliance date and proposed fine set by the board was July 20, 2007 or $100 per day. The respondent did comply. However, the compliance date was not noted in the file or on the backup data. Officer Webb recommended "No Fine." 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2007 Motion Based on testimony and evidence presented in Case #07-1044, Ms. Cook moved that this Board find that the Respondent, 136 BBB Property LLC, was in violation of the City of Boynton Beach Code Sections as cited subsequent to the date of compliance specified in the board's order of June 20, 2007, and in consideration of the gravity of the violations and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent that this Board impose and certify "No Fine." First Vice Chair Yerzy seconded the motion that unanimously passed. Case #06-975 Nationwide Assets SW 3rd Street Willie Webb, Senior Code Officer, presented the case and reviewed the details of the violations, adding the site of the violation, SW 3rd Street, was a vacant lot. The hearing was set for May 17, 2006, David Edery having appeared. Compliance date and proposed fine set by the board was a cease and desist order of June 16, 2006 or $100 per occurrence. The violation still existed from July 20, 2007 through August 15, 2007. The property was used as a dump site, and it appeared the property owner might have been moving material from one site to another. Attorney Tolces advised, at this point, the board would be considering whether the respondent was in compliance. If not, based on past practice, the board would certify the fine. There would be nothing else the board could do, other than request the City Commission take action with respect to cleaning the property, and any costs expended could in theory be imposed against the property owner as well. A homeowner in the area wished to address the board. He had not been formally noticed, and the board wondered whether he had a right to provide information. Attorney Tolces pointed out, while this was a public meeting, it was not necessarily a public hearing, and it would be at the board's discretion whether it wished to hear from persons other than individuals who were formally noticed. Don Villars, 434 SW 1st Avenue, advised two-story homes had been in the process of being constructed for the past four years, and the property was being used as a dumping site for the respondent's other projects. Mounds of dirt caused flooding issues for neighbors, and barrel tiles were stacked at the site, causing a hurricane hazard. Officer Webb commented Mr. Edery sold two of the houses, and the homeowners were cited separately. However, the vacant lot was still the issue. 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2007 Attorney Tolces advised if the property had been sold and a lien was recorded, the new property owner would have to be noticed, and the lien likely would not be valid. Including this case, three liens would have been recorded and in effect prior to the sale of the property. Any future liens issued with respect to the property on which the two houses were located would not be valid as they had apparently been sold. Therefore, in this case, if the board were to certify the fine again, it would be recorded in the public records but would likely have an affect only on the one lot stilled owned by the respondent. Once the property was built out and sold, the new owners would have to come into compliance in order for the prior liens to be removed. Officer Webb advised he had not had any contact with the new owners. The properties had been posted, and the new owners should have been aware of the notices when they bought the property. Attorney Tolces commented if the board was to certify the cease and desist order, the order would remain open and in another 30 days, the board could certify another set of fines. Motion Based on the testimony and evidence presented in Case #06-975, Mr. Foot moved that this board find that the respondent has not complied with this board's order of May 17, 2006, and having considered the gravity of the violations, the actions taken by the respondent, that this board impose and certify a fine in the amount of $100 per occurrence between July 20, 2007 and August 15, 2007, plus administrative costs which shall continue to accrue as there are occurrences, 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 passed unanimously. Chair Costantino indicated the board had certified the fine and another lien would be placed on the property and not the homes. Attorney Tolces pointed out, while this was a certification of fine, based upon the information received tonight, the board could still recommend the City Commission take action to correct any violations which existed that were a threat to health, safety and welfare. Motion Mr. Moyer moved that the Code Compliance Board present this matter to the City Commission to have them look into correcting this situation at their discretion, and finding that there were certain dangers to the public's health, safety and welfare as a 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2007 result of the existing conditions on the property. First Vice Chair Yerzy seconded the motion that passed unanimously. The meeting recessed at 8:48 p.m. and reconvened at 8:55 p.m. Case #07-198 Location: Violation: Patti A. Jesse and Anthony Rollison 314 NW ih Street Ch.15-Art.lX-15-120(E) Inc. Install new roof on house; permit required. Pete Re}., SkiD Lewis. Chicf Codc ~nd Rch~bilit~tion Senior Code Compliance Officer, presented the case and reviewed the details of the violations. Service was accepted via certified mail. The City recommended 60 days to comply. The roof was partially covered with blue tarp. Ms. Jesse appeared at the June 20, 2007 meeting and was going to make application with Community Development. To date, Ms. Jesse had not done so. Motion Based on the testimony and evidence presented in Case #07-198, Mr. Foot moved that this board find that Patti A. Jesse and Anthony Rollison 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 October 14, 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 14, 2007 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that passed unanimously. Case #07-2153 Location: Violations: Troy and Adrienne Butner 139 SW 11th Avenue Ch. 2.5-3 and Ch. 2.5-7 Alarm operating permit and decal. John Herring, Code Officer, presented the case and reviewed the details of the violation. Service was obtained via regular mail. The City recommended 30 days to comply and a fee of $25 thereafter. Motion 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2007 Based on the testimony and evidence presented in Case #07-2153, First Vice Chair Yerzy moved that this board find that Troy and Adrienne Butner 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 14, 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 14, 2007 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that passed unanimously. Case #07-2154 Location: Violations: April Purvis 145 SE 11th Avenue Ch.2.5-3 and Ch.2.5-7 Alarm operating permit and decal. John Herring, Code Officer, presented the case and reviewed the details of the violations. Service was obtained via certified mail. The City recommended 30 days to comply and a fee of $25 thereafter. Motion Based on the testimony and evidence presented in Case #07-2154, Mr. Moyer moved that this board find that April Purvis 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 14, 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 September 14, 2007 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that passed unanimously. Location: Violations: TRU 2005 RE I LLC- TOYS R US 1 Geoffrey Way Wayne, NJ 601 N. Congress Avenue Ch.2.5-12 and Ch.2.5-13 Excessive false alarms. Case #07-2194 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2007 John Herring, Code Officer, presented the case and reviewed the details of the violations. Service was obtained via certified mail. The City recommended 10 days to comply and a fee of $250 thereafter. Motion Based on the testimony and evidence presented in Case #07-2194, First Vice Chair Yerzy moved that this board find that TRU 2005 RE I LLC-TOYS R US 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 25, 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 25, 2007 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that passed unanimously. Location: Violations: 1865 Woolbright Road LLC- Rothman Family Chiropractic 1871 Woolbright Road Ch.2.5-12 and ch.2.5-13 Excessive false alarms. Case #07-2202 John Herring, Code Officer, presented the case and reviewed the details of the violations. Service was obtained via certified mail. The City recommended 10 days to comply and a fee of $250 thereafter. Motion Based on the testimony and evidence presented in Case #07-2202, First Vice Chair Yerzy moved that this board find that 1865 Woolbright Road LLC- Rothman Family Chiropractic 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 25, 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 25, 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 secoTlded the motion that passed unanimously. 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2007 Case #07-1767 Location: Violation: Teresa M. patrikios Family Trust 2615 NE 1st Court #311 BBA FBC '05 105,1,1 Permit expired; apply for new permit. Courtney Cain, Code Officer, presented the case and reviewed the details of the violations. Service was obtained by posting. The City recommended 10 days to comply. Motion Based on the testimony and evidence presented in Case #07-1767, Ms. Cook moved that this board find that Teresa M. Patrikios Family Trust 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 25, 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 August 25, 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 #07-1830 Location: Violation: Yachtsman Properties LLC-Andrew P. Cohen 1600 N. Federal Highway BBA FBC '04 105.1.1 Work started before permits were issued; secure permits for electrical and moving of walls. Courtney Cain, Code Officer, presented the case and reviewed the details of the violations. Certified mailing of notice was returned, unclaimed. The City recommended 30 days to comply. Motion Based on the testimony and evidence presented in Case #07-1830, Ms. Cook moved that this board find that Yachtsman Properties LLC-Andrew P. Cohen 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 14, 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 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2007 with this order, a fine in the amount of $50 per day for each day the violations continue past September 14, 2007 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. First Vice Chair Yerzy seconded the motion. Vote The motion passed 4-1 (Mr. Moyer dissenting). Case #07-1967 Location: Violations: Prophete Termidor 1621 NE 3rd Court Ch.15-Art.IX-15-120(D) Ine. Ch.13, Art.1, Sec. 13-16 10-2 BBC of Ord. Remove all furniture from carport area; mow lawn; obtain business tax certificate to rent residence. Courtney Cain, Code Officer, presented the case and reviewed the details of the violations. Officer Cain advised the property was in compliance. Motion First Vice Chair Yerzy moved to dismiss Case #07-1967. Ms. Cook seconded the motion that passed unanimously. Case #07-2246 Location: Violation: Fernando and Joanne Chipelo RR1 Box 177C New Milford, PA 1064 SW 24th Avenue 10-2 BBC of Ord. Mow overgrown yard and trim bushes. Luney Guillaume, Code Compliance Inspector, presented the case and reviewed the details of the violations. Service was obtained by posting. The City recommended 10 days to comply. Motion Based on the testimony and evidence presented in Case #07-2246, Ms. Cook moved that this board find that Fernando and Joanne Chipelo are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2007 violations on or before August 25, 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 25, 2007 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. First Vice Chair Yerzy seconded the motion that passed unanimously. Case #07-1100 Location: Violations: Menorah Realty 1920 Corporate Drive BBA FBC '04 105.1.1 BBA FBC '04 105.4 Obtain permit for all non-permitted work done; see red tag. Skip Lewis, Senior Code Officer, presented the case and reviewed the details of the violations. Service was effectuated by certified mail and posting. The City recommended 30 days to comply. The respondent was a repeat offender. Motion Based on the testimony and evidence presented in Case #07-1100, Ms. Cook moved that this board find that Menorah Realty 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 14, 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 $150 per day for each day the violations continue past September 14, 2007 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. First Vice Chair Yerzy seconded the motion that passed unanimously. Case #07-1428 Location: Violations: Alden D. Horwitz 1119 Lake Terrace #119 BBA FBC '04 105.1.1 BBA FBC '04 105.4 Work started before permits were issued; secure permits for construction activity. 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2007 Skip Lewis, Senior Code Officer, presented the case and reviewed the details of the violations. The City recommended 60 days to comply. Motion Based on the testimony and evidence presented in Case #07-1428, Ms. Cook moved that this board find that Alden D. Horwitz 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 October 14, 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 October 14, 2007 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. First Vice Chair Yerzy seconded the motion that passed unanimously. Case #07-2113 Location: Violation: Pierre Senatus, Jr. 35 Paxford Lane Chp.13, Art.1, See. 13-16 Obtain business tax receipt in order to rent residence. 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 power had been restored. The respondent made application for a business tax receipt. Motion Based on the testimony and evidence presented in Case #07-2113, Ms. Cook moved that this board find that Pierre Senatus, Jr. 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 14, 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 September 14, 2007 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Moyer seconded the motion that passed unanimously. 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2007 Case #07-2170 Location: Violations: Nayan and Rita Patel 37 Buxton Lane FBC '04 ED 104.1.1 BBA FBC '04 105.4 Work was started before permit was issued; secure permit for fence and paver deck (sides and back); see red tag Skip Lewis, Senior Code Officer, presented the case and reviewed the details of the violations. Service was effectuated by posting. The City recommended 45 days to comply. The contractor assured Officer Lewis he would resolve the issue. Motion Based on the testimony and evidence presented in Case #07-2170, Mr. Foot moved that this board find that Nayan and Rita Patel 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 29, 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 September 29, 2007 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that passed unanimously. Location: Violation: Boynton Shoppes Acquisiton 522 5th Avenue New York, NY. 2212 N. Congress Avenue PT3-LDR. Ch.4, See. 11 Replace trees that are missing; cut grass; trim bushes and de-weed all areas; cut away overgrowth; obtain copy of site plan. Case #06-2328 Mike Melillo, Senior Code Offi.:er, presented the case and reviewed the details of the violations. Service was effectuated by posting and certified mail. The City recommended 30 days to comply. While many of the violations had been cured, the respondent was still required to proceed along the south side of the property, in front of the Boynton Ale House, as well as the east side of the property abutting the vacant lot. 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2007 Motion Based on the testimony and evidence presented in Case #06-2328, Ms. Cook moved that this board find that Boynton Shoppes Acquisiton 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 September14, 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 September 14, 2007 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that passed unanimously. Location: Violation: Maria Prows 15046 Hamlin Boulevard Loxahatchee, FL 619 NE ih Avenue Ch.15-Art.IX-15-120(D) Ine. Mow grass, weed and trim property. Case #07-2005 Mike Melillo, Senior Code Officer, presented the case and reviewed the details of the violations. Service was effectuated by posting. The City recommended 10 days to comply. Motion Based on the testimony and evidence presented in Case #07-2005, Ms. Cook moved that this board find that Maria Prows 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 25, 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 August 25, 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 #07-2011 Location: Violation: Frederick L. and Norma Maragh 204 NE 1ih Avenue Ch.15-Art.IX-15-120(D) 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2007 Remove all trash; mow grass and weeds; trim property. Mike Melillo, Senior Code Officer, presented the case and reviewed the details of the violations. Service was obtained by posting. The City recommended 10 days to comply. Motion Based on the testimony and evidence presented in Case #07-2011, First Vice Chair Yerzy moved that this board find that Frederick L. and Norma Maragh 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 25, 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 25, 2007 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this order. Ms Cook seconded the motion that passed unanimously. Case #07-1732 Location: Violation: Jean Kenol 2760 NE 5th Court Chp. 13. Art.1, See. 13-16 Obtain business tax receipt for rental property. Vestiguerne Pierre, Senior Code Officer, presented the case and reviewed the details of the violations. Service was effectuated by posting. The City recommended 60 days to comply. Motion Based on the testimony and evidence presented in Case #07-1732, First Vice Chair Yerzy moved that this board find that Jean Kenol 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 October 14, 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 October 14, 2007 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2007 inspection of the property to verify compliance with this order. Ms Cook seconded the motion that passed unanimously. Location: Violation: William and Sharon Ganoe 9605 Payton Court 2280 NW 2nd Street Ch.15-Art.IX-15-120(D) Mow yard and remove unregistered and inoperable vehicle from carport. Case #07-2137 Vestiguerne Pierre, Senior Code Officer, presented the case and reviewed the details of the violations. Service was effectuated by posting. The City recommended 10 days to comply. The respondents were multiple repeat offenders. Motion Based on the testimony and evidence presented in Case #07-2137, Mr. Moyer moved that this board find that William and Sharon Ganoe 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 25, 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 August 25, 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 Zerzy seconded the motion that passed unanimously. Location: Violation: Palm Beach County Housing Authority 3432 W. 45th Street West Palm Beach, FL 2840 NE 4th Street Ch.15-Art.IX-15-120(D) Inc. Mow yard. Case #07-2212 Vestiguerne Pierre, Senior Code Officer, presented the case and reviewed the details of the violations. Service was accepted via certified mail. The City recommended 10 days to comply. The board commented on the frequency with which the Palm Beach County Housing Authorizity was cited. 28 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2007 Attorney Tolces pointed out the Palm Beach County Housing Authority was a governmental entity that owned property. The City could contact them and let them know the City had issues with respect to the property. While action taken by the board would command the attention of the Palm Beach County Housing Authority, the entity would not really be impacted monetarily by such action. Motion Based on the testimony and evidence presented in Case #07-2212, Mr. Moyer moved that this board find that Palm Beach County Housing Authority is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violations on or before August 25, 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 August 25, 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 Zerzy seconded the motion that passed unanimously. Case #07-2141 Location: Violations: Andrew and Gail Luchey 118 NW 10th Avenue BBA FBC '05 105.1.1 BBA FBC '04 108.10.1 104.7.5 BBA '01 BC BBA FBC '04 108.5 BBA FBC '04 105.4.1 Permit is required for work performed in and on structure; work is to be performed in accordance with approved plans; see red tag. Pete Roy, Chief Code and Rehabilitation Officer, presented the case and reviewed the details of the violations. Service was accepted by certified mail. The City recommended 10 days to comply. Motion Based on the testimony and evidence presented in Case #07-2141, First Vice Chair Zerzy moved that this board find that Andrew and Gail Luchey 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 25, 2007. The board has considered the gravity of the violations, the actions taken by the Respondents, and any previous 29 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2007 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 August 25, 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 #07-1098 Location: Violation: Yves and Lidiana Faustin 320 SW 2nd Street Ch.15-Art.lX-15-120(D) Inc. Remove all trash and debris; repair driveway apron. Willie Webb, Senior Code Officer, presented the case and reviewed the details of the violations. Service was accepted via certified mail. The City recommended 30 days to comply. The trash and debris had been removed and all that remained was the repair of the driveway apron. Motion Based on the testimony and evidence presented in Case #07-1098, Ms. Cook moved that this board find that Yves and Lidiana Faustin 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 14, 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 $200 per day for each day the violations continue past September 14, 2007 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this order. First Vice Chair Yerzy seconded the motion that passed unanimously. Case #07-1654 Norbey D. Tobon and Diana Garces 511 SE 5th Avenue, #910 Fort Lauderdale, FL Location: 215 SW 1st Street Violations: Chp. 13, Art. 1, Sec. 13-16 PT3-LDR. Ch.22 Ch.15-Art.IX-120(D) Trim all overgrowth; remove pine trees from corner of SW 2nd Avenue and SW 1st Street, or lower branches to 30 inches; trim ficus hedge away from sidewalk and trim along rear property; remove all hOlly trees and 30 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2007 trash and debris; obtain business tax receipt in order to rent residence. Willie Webb, Senior Code Officer, presented the case and reviewed the details of the violations. Service was effectuated by posting. The City recommended 10 days to comply. Motion Based on the testimony and evidence presented in Case #07 1561 1654, Ms. Cook moved that this board find that Norbey D. Tobon and Diana Garces 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 25, 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 August 25, 2007 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this order. First Vice Chair Yerzy seconded the motion that passed unanimously. Case #07-1868 Location: Violations: 209 East Ocean Investors LLC 209 East Ocean Avenue Ch.15-Art.IX-15-120(D) 1 Inc. Ch.15-Art.IX-15-120(E) 2 PT3-LDR. Ch.20-VIII. See. 2.A Maintain property, exterior building and structure; remove trash and debris; repair screened porch. Willie Webb, Senior Code Officer, presented the case and reviewed the details of the violations. Service was accepted via certified mail. The City recommended 10 days to comply. Safety violations had not been cured. The trash and debris had not been removed, and the screened porch had not been repaired. The residence was inhabited. Motion Based on the testimony and evidence presented in Case #07-1868, First Vice Chair ~ ~ moved that this board find that 209 East Ocean Investors 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 August 25, 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 31 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2007 with this order, a fine in the amount of $500 per day for each day the violations continue past August 25, 2007 plus administrative costs shall be imposed. The Respondent is further ordered to contact tile City of Boynton Beach Code Compliance Division in order to arrange for re-inspecti:m of the property to verify compliance with this order. Mr. Foot seconded the motion that passed unanimously. Location: Violations: Rigaud and Yolaine Saintfort 1515 SW 2nd Street West Woolbright Road (vacant lot) 10-2; 10-3; BBC of Ord. Mow property and keep free of trash and debris. Case #07-1878 Willie Webb, Senior Code Officer, presented the case and reviewed the details of the violations. Service was effectuated by posting. The City recommended 10 days to comply. The respondents were repeat offenders. Motion Based on the testimony and evidence presented in Case #07-1878, First Vice Chair Zerzy moved that this board find that Rigaud and Yolaine Saintfort 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 25, 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 $350 per day for each day the violations continue past August 25, 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 #07-2025 Location: Violation: Albanado and Cedieu Myrtil and Simeon Innocent 301 SW 6th Avenue Chp. 13, Art. 1, See. 13-16 Obtain business tax receipt in order to rent residence. Willie Webb, Senior Code Officer, presented the case and reviewed the details of the violations. Service was accepted by certified mail. The City recommended 10 days to comply. 32 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2007 Motion Based on the testimony and evidence presented in Case #07-2025, Ms. Cook moved that this board find that Albanado and Cedieu Myrtil and Simeon Innocent 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 25, 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 25, 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 #07-2124 Location: Violation: Andre St. Juste 925 Greenbriar Drive Ch . 15-Art.IX -15-120( D) Ine. Remove all unregistered vehicles from property. Willie Webb, Senior Code Officer, presented the case and reviewed the details of the violations. Service was effectuated by posting. The City recommended 10 days to comply. Motion Based on the testimony and evidence presented in Case #07-2124, Mr. Foot moved that this board find that Andre St. Juste 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 25, 2007. The board has :onsidered 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 August 25, 2007 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this order. Ms. Cook seconded the motion that passed unanimously. Vestiguerne Pierre, Senior Code Officer, recommended the following cases be certified at $50 per day: Case #07-1092; Case #07-909; and Case #07-740. 33 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2007 Case #07-1092 Christine Beauvais 2122 NE 21st Court Motion Based on the testimony and evidence presented in Case #07-1092, Ms. Cook moved that this board find that the Respondent has not complied with this board's order of June 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 $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. Mr. Foot seconded the motion that passed unanimously. Case #07-909 Steven J. Bedigian 205 SE 36th Avenue Motion Based on the testimony and evidence presented in Case #07-909, Ms. Cook moved that this board find that the Respondent has not complied with this board's order of June 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 $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. Mr. Foot seconded the motion that passed unanimously. Case #07-740 Franco Elysee and Marie Volcy 216 SW 5th Avenue Motion Based on the testimony and evidence presented in Case #07-740, Ms. Cook moved that this board find that the Respondents have not complied with this board's order of June 20, 2007, and having considered the gravity of the violations, the actions taken by the Respondents, that this board impose and certify a fine in the amount of $50 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. Foot seconded the motion that passed unanimously. Vestiguerne Pierre, Senior Code Officer, recommended the following case be certified at $200 per day: Case #07-961. 34 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2007 Case #07-961 Gerard J. and Lynne A. Simmons 1360 SW 27th Place Motion Based on the testimony and evidence presented in Case #07-961, Mr. Foot moved that this board find that the Respondents have not complied with this board's order of June 20, 2007, and having considered the gravity of the violations, the actions taken by the Respondents, that this board impose and certify a fine in the amount of $200 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. First vice Chair Yerzy seconded the motion that passed unanimously. Vestiguerne Pierre, Senior Code Officer, recommended the following case be certified at $250 per day: Case #07-1267. Case #07-1267 Gregory D. Sponburgh 2132 NE 3rd Street Motion Based on the testimony and evidence presented in Case #07-1267, Ms Cook moved that this board find that the Respondent has not complied with this board's order of June 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 passed unanimously. Vestiguerne Pierre, Senior Code Officer, recommended the following cases complied and recommended "No Fine": Case #07-269; Case #07-510; Case #07-580; Case #07- 1266; Case #07-717; Case #07-1053; Case #07-1189; and Case #07-1056. Case #07-269 Javier and Landi Rivera 1516 NE 2nd Court Motion Based on testimony and evidence presented in Case #07-269, Ms. Cook moved that this board find that the Respondents, Javier and Landi Rivera, were in violation of the City of Boynton Beach Code Sections as cited subsequent to the date of compliance specified in the board's order of March 21, 2007, and in consideration of the gravity of the violations and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents that this board impose and certify "No Fine". First Vice Chair Yerzy seconded the motion that unanimously passed. 35 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2007 Case #07-510 E A Holdings Inc.-H2 Ocean Inc.- 3533 High Ridge Road Eddie Kolos Motion Based on testimony and evidence presented in Case #07-510, Ms. Cook moved that this board find that the Respondents, E A Holdings Inc.-H2 Ocean Inc.-Eddie Kolos, 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 April 16, 2007, and in consideration of the gravity of the violations and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents that this board impose and certify "No Fine". First Vice Chair Yerzy seconded the motion that unanimously passed. Case #07-580 Jacques Daniel Trust 617 W. Industrial Avenue Murielle Lemieux Hurricane Construction Motion Based on testimony and evidence presented in Case #07-580, Ms. Cook moved that this board find that the Respondents, Jacques Daniel Trust, Murielle Lemieux and Hurricane Construction, 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 16, 2007, and in consideration of the gravity of the violations and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents that this board impose and certify "No Finell. First Vice Chair Yerzy seconded the motion that unanimously passed. Case #07-1266 Richard K. and Sherri L. Guthrie 2126 NE 3rd St. Motion Based on testimony and evidence presented in Case #07-1266, Ms. Cook moved that this board find that the Respondents, Richard K. and Sherri L. Guthrie, were in violation of the City of Boynton Beach Code Sections as cited subsequent to the date of compliance specified in the board's order of June 20, 2007, and in consideration of the gravity of the violations and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents that this board impose and certify "No Finell. First Vice Chair Yerzy seconded the motion that unanimously passed. 36 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2007 Case #07-717 Nayan and Rita Patel 37 Buxton Lane Motion Based on testimony and evidence presented in Case #07-717, Ms. Cook moved that this board find that the Respondents, Nayan and Rita Patel, 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 16, 2007, and in consideration of the gravity of the violations and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents that this board impose and certify "No Fine". First Vice Chair Yerzy seconded the motion that unanimously passed. Case #07-1053 Pamela and M. Harvey 231 NE 9th Avenue Motion Based on testimony and evidence presented in Case #07-1053, Ms. Cook moved that this board find that the Respondents, Pamela and M. Harvey, 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 June 20, 2007, and in consideration of the gravity of the violations and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents that this board impose and certify "No Fine". First Vice Chair Yerzy seconded the motion that unanimously passed. Case #07-1189 Boynton Beach Property Partners 610 N. Federal Highway Motion Based on testimony and evidence presented in Case #07-1189, Ms. Cook moved that this board find that the Respondents, Boynton Beach Property Partners, 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 June 20, 2007, and in consideration of the gravity of the violations and the actions taken by the Respondents to remedy the violations and the previous violations of tile Respondents that this board impose and certify "No Fine". First Vice Chair Yerzy seconded the motion that unanimously passed. 37 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2007 Case #07-1056 Jeannie L. Nixon 543 NW 11th Avenue Motion Based on testimony and evidence presented in Case #07-1056, Ms. Cook moved that this board find that the Respondent, Jeannie L. Nixon, 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 20, 2007, and in consideration of the gravity of the violations and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent that this board impose and certify "No Fine". First Vice Chair Yerzy seconded the motion that unanimously passed. Vestiguerne Pierre, Senior Code Officer, recommended the following cases be tabled to September 19, 2007: Case #07-2782; Case #07-62; Case #06-2943; Case #07-983; Case #06-2020; and Case #07-1384. Case #06-2782 Boynton Flex LLC 3479 High Ridge Road Disaster America of Florida Motion Mr. Foot moved to table Case #06-2782 until the Code Compliance Board meeting to be held September 19, 2007. First Vice Chair Yerzy seconded the motion that passed unanimously. Case #07-62 Diane Marie Dalelio 230 NE 26th Avenue #306 Motion Mr. Foot moved to table Case #07-62 until the Code Compliance Board meeting to be held September 19, 2007. First Vice Chair Yerzy seconded the motion that passed unanimously. #06- 2943 National Land Company Inc. 12807 Lake Drive Motion Mr. Foot moved to table Case #06-2943 until the Code Compliance Board meeting to be held September 19, 2007. First Vice Chzir Yerzy seconded the motion that passed unanimously. 38 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 15, 2007 Case #07-983 Mega Mini Co. 2951 SW 14th Place Motion Mr. Foot moved to table Case #07-983 until the Code Compliance Board meeting to be held September 19, 2007. First Vice Chair Yerzy seconded the motion that passed unanimously. Case #06-2020 Luce Briseus 2621 NE 4th Street Motion Mr. Foot moved to table Case #06-2020 until the Code Compliance Board meeting to be held September 19, 2007. First Vice Chair Yerzy seconded the motion that passed unanimously. Case #07-1384 Alfred Aretus 117 SE 12th Avenue Motion Mr. Foot moved to table Case #07-1384 until the Code Compliance Board meeting to be held September 19, 2007. First Vice Chair Yerzy seconded the motion that passed unanimously. Attorney Tolces announced Jamila Alexander would attend the Lien Reduction Hearing on August 23, 2007. VIII. Adjournment First Vice Chair Yerzy moved to adjourn. Mr. Foot seconded the motion that passed unanimously. The meeting adjourned at 9:23 p.m. ~;L..- .1)1- Stephanie D. Kahn Recording Secretary 8/20/08 8/27/07 39