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Minutes 09-19-07 MINUTES OF THE CODE COMPLIANCE BOARD REGULAR MEETING HELD ON SEPTEMBER 19, 2007, AT 7:00 P.M. IN CITY COMMISSION CHAMBERD, BOYNTON BEACH, FLORIDA Present: Michele Costantino, Chair Richard Yerzy, First Vice Chair Lisa Simshauser, Second Vice Chair Kathleen Carroll Kathy Cook Robert Foot George Moyer Scott Blasie, Code Compliance Administrator David Tolces, Board Counsel I. Call to Order Chair Costantino called the meeting to order at 7:00 p.m. II. Approval of Agenda Motion Mr. Moyer moved to approve the agenda. Ms. Carroll seconded the motion. Officer Melillo announced the following: Case #05-2032 was tabled to January 16, 2008. Motion Ms. Cook moved that Case #05-2032 be tabled until the Code Compliance Board meeting to be held on January 16, 2001~. Ms. Carroll seconded the motion that unanimously passed. Case #06-2472 was tabled to January 16, 2001-.a. Motion Ms. Simshauser moved that Case #06-2472 be tabled until the Code Compliance Board meeting to be held on January 16, 2001-.a. First Vice Chair Yerzy seconded the motion that unanimously passed. 1 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19,2007 Officer Melillo reported Case #07-1916 was removed. Cases 07-2233, 07-2465 07- 2488, and 07-739 complied. Case #07-561 was tabled to October 17, 2007. Officer Melillo announced Mr. Cohen appeared and was notified both cases would be tabled. Motion First Vice Chair Yerzy moved that Case #07-561 be tabled until the Code Compliance Board meeting to be held on October 17, 2007. Ms. Carroll seconded the motion that unanimously passed. Case #07-564 was tabled to October 17, 2007. Motion Mr. Foot moved that Case #07-564 be tabled until the Code Compliance Board meeting to be held on October 17, 2007. Ms. Carroll seconded the motion that unanimously passed. Motion Ms. Carroll moved to approve the agenda as amended. First Vice Chair Yerzy seconded the motion that unanimously passed. III. Approval of Minutes (7/18/07 and 8/15/07) Mr. Foot announced he had not received the July 18, 2007 minutes. Motion Mr. Foot moved the consideration of the minutes of July 18, 2007 be tabled. Ms. Cook seconded the motion that unanimously passed. The following corrections were made to the minutes of August 15, 2007: Page 3 - Case #07-983 - Mega Mini- that line should be removed. This case was addressed at the end of the minutes. Page 18 - Case #07-198 - Skip Lewis presented the case, not Pete Roy. Page 30, Case #07-1098 - should be $50 per day not $200. Page 31, Case #07-1654 - in the motion paragraph, the case number should read 07- 1654 not 07-1564. 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19,2007 Page 31 - Case #07-1686 - In the motion paragraph, Mr. Zerzy should be Mr. Yerzy. Page 32 - Case #07-1878 - should be $250 per day not $350. Page 38 - Case #07-2782 should be 06-2782/ Motion Ms. Carroll moved to approve the August 15, 2007 minutes with the amendments. Second Vice Chair Simshauser seconded the motion that unanimously passed. The members confirmed they received the Lien Reduction Minutes of August 23, 2007. IV. Swearing in of Witnesses and Introduction Attorney Tolces explained the hearing procedures and administered the oath to all who would be testifying. V. New Business A. Cases to be Heard Officer Melillo called the roll and determined who was present. Case # 07-2390 Location: Violation: Vinnette Williams 340 SW 10th Avenue CH15-ART-15-120(D)1. Inc. CHP.13. ART.1 SEC 13-16 Business Tax Receipt required for home rental. Mow property and clean all loose trash and debris Code Officer Willie Webb presented the case. The notice of violation was sent via direct mail on July 31, 2007. The hearing notice was sent giving 10 days to comply. The certified mail came back unsigned and notice was posted on the property on September 6, 2007. Louis Townsend, Attorney for Louise Russell, the owner in possession and interest was present along with Ms. Russell. Ms. Russell, 340 SW 10th Avenue, Boynton explained the relationship between Ms. Russell and Vinnette Williams. Louise Russell owned the property and lived there. Omari Murray approached her and indicated he could help her financial situation. She entered into a contract to sign the title over to him and never got paid. At closing, he filed as if he had current title with the Circuit Court and Property Appraiser, although Ms. Russell dwelled there as a lease. Mr. Murray 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2007 then tried to Quit claim the deed to someone else although Ms. Russell was still living there and is the property owner. They have a lawsuit trying to remove the cloud over the title. The property isn't being rented. His client will file an affidavit tomorrow indicating that the property was not a rental property. He offered a copy of the lawsuit to the board. There was discussion the matter should be tabled. Staff indicated there is a new case pending regarding a pool. Staff indicated they ascertained through the Property Appraisers office that Vinnette Williams is the property owner of record. Further discussion ensued if the board should proceed on the lawn and other issues. Attorney Tolces explained that was the board's discretion. He clarified if the matter reached the point where a lien was imposed, it could be removed because the title was clouded through an improper recording of the deed. He thought the board may want to consider giving some time Scott Blasie, Code Compliance Administrator, recommended the board withdraw the Business Tax Receipt portion of the case, and if they wanted to pursue the current case with trash and debris, it could. Attorney Townsend indicated mowing the lawn and the trash would be taken care of immediately. Attorney Tolces recommended, in light of the issue associated with the ownership of the property, the occupant claiming to be the actual owner of the property, was on notice there are violations. If 30 days were given, the violations would be cured before then. He suggested continuing the case for 30 days. Motion Mr. Foot moved to table to October 17, 2007, Second Vice Chair Simshauser seconded the motion that unanimously passed. Case #07-974 Mega Mini Co./William G. Thomas Reg Agent 2951 SW 14th Place BBA FBC '04 105.1.1 BBA to FBC '04 109.3 Secure Remodeling Permit. Call for Inspection on Structural Walls and Electrical Work. Work commenced prior to permit being issued. Four times fee applied. Location: Violation: 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2007 Officer Luney Guillaume was put under oath and presented the case involving bays 1, 2 and 3. Written Notice was provided and the certified mail was signed August 25, 2007. Officer Guillaume reported the Respondent and Mr. Icaro of the Building Department were present. William Thomas, 2951 SW 14th Place, Boynton Beach pled not guilty. Daniel Icaro, Building Inspector, explained. The applicant attempted to pull a building permit, but as of this afternoon, comments were still outstanding. The permit is not secured and the matter was ongoing for approximately five months. Specifically, the structure was originally permitted and zoned for small warehouses. The applicant wanted to convert them into offices. Three units were to be converted into one space with air conditioning and electrical; however, the structure could not comply with the Building Code because the structure was not designed for that. Mr. Icaro explained as far as he was aware, the Respondent stopped work. Mr. Thomas agreed with Mr. Icaro's comments. Units one and two were approved by the City for office use. Unit three was added on later and there was documentation. They tried to comply and they did stop work. They resubmitted four times. At this point the application had sat in the City for a total of 79 days. He reported he had been to the City five times in seven days. The only thing needed was the impact windows according to a comment from Building dated September 7, 2007. He advised they would be happy to comply, but did not know why it takes 79 days to get through the west wing. He advised they have been in business since 1978. Mr. Icaro had a copy of the dates and advised they were still waiting for a response to the comments dated August 7, 2007 and acknowledged it was thirty days between the last two communications. The wall needed to be brought up to Code and the Respondent needed to resubmit the package to ensure the structure could meet and sustain the wind load requirements. The board discussed tabling the matter and the amount of time to allow. Motion Ms. Cook moved to table Case #07-974 to October 17, 2007. First Vice Chair Yerzy seconded the motion that passed 6-1. (Mr. Foot dissenting) 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2007 Case #07-983 Mega Mini Co. 2951 SW 14th Place Officer Guillaume was put under oath and presented the case, which involved securing permits and inspections for interior remodeling with Bay 6. Notice was provided via mailing and posting. The violations still existed for a total of 80 days of non- compliance. William Thomas 2951 SW 14th Place was present, as was Steve Kosta, 2951 SW 14th Place. Mr. Thomas explained Mr. Kosta was a tenant at the storage facility and reported the permits were filed to date. He advised he was aware there was a case for bays, one, two and three. Bay six involved Mr. Kosta and Mr. Thomas announced they never received any notification of the first hearing. There was another notice they received for a third case. He asked if the files were merged because they did not know which one was which. Mr. Icaro, Building Inspector, explained the Zoning Department would not allow any other space as offices. There were no permits issued for any of the other bays. He asked for a permit number. Officer Luney provided a history of the notices. Specifically, the board noted the Notice of Hearing dated May 8, 2007, was signed by Olivia Knight on May 10, 2007 for the June 20, 2007 hearing, which was the notice in question. This notice involved the violation for bay six. Mr. Thomas indicated the signor was not authorized to accept service, however Attorney Tolces explained the officers only obligation was to deliver the notice to the address. Mr. Thomas announced he was unaware of problems with Bay 6. Mr. Kosta explained bay six was a Budget truck rental office. Some of the things they needed to do was retain an architect for the drawing and mechanical engineering. They met with Chris Conklin and made application. There were problems with the drawings, with the seals and signatures, and they were returned. He reported today, the mechanical drawings were signed off on, and the architect would be signing off on their drawings. Mr. Kosta announced he was given a permit number but was told the City would not accept the application until the drawings were sealed. Mr. Icaro explained it was his understanding Planning and Zoning would not rezone the property to allow the use or allow any more offices in the building. He obtained the information from Don Johnson of the Building Department and believed the permit was on hold because of this. 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19,2007 The board noted this was a fine certification and the fine was $100 per day with 80 days running to date; communication with the various departments was important. Mr. Blasie asked, for the record, how the Respondents became aware of the violations. Mr. Kosta responded a tag was handed to the office in April of this year. They had an occupational license regarding the truck rental for a few years, but after Hurricane Wilma they needed additional space. As a result of the red tag, they retained an architect but it dragged on. The contractors for the electrical work were slow. Zoning wise, Mr. Kosta indicated a truck rental was a permitted use and they've been in that neighborhood for almost 14 years. The only reason they relocated to the facility that Mr. Thomas owned was because of landlord and space issues. Mr. Icaro reiterated a warehouse facility does not comply with the requirements for an office and did not have amenities such as restrooms; that was why the permits were on hold. Safety and health issues were discussed. Mr. Kosta responded four restrooms were available right outside their front door. This issue was new to him and he was unaware the Zoning Department would oppose this. Attorney Tolces advised the three options available were to certify, table or dismiss the case. Mr. Kosta requested another 30 days to bring the matter back to the City. Mr. Icaro explained he was speaking on behalf of the Building Department, and it was not a legal use. It was his understanding only bays one, two and three were allowed. Motion Based on the testimony and evidence presented in Case #07-983, Second Vice Chair Simshauser moved that this Board find that the Respondent has not complied with this Board's Order dated June 30, 2007, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Foot seconded the motion contingent on the date being changed from June 30, 2007 to June 20, 2007. Second Vice Chair Simshauser changed the date as requested to June 20, 2007 and the motion unanimously passed. Case #07-2169 Property Address: Dormil & Abija Emilcar 171 SE 27th Place 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2007 Violation( s): BBA FBC '04 105.1.1 BBA FBC '04 109.3 BBA FBC '04 108.5 Unpermitted living structure, electrician and plumbing not allowed per Code. Secure a demolition permit and remove the structure. This was a red tag violation. Officer Guillaume presented the case and advised notice was provided by posting the property and certified mail on August 23, 2007. Abija Emilcar, 171 SE 27th Place, pled not guilty. Daniel Icaro, Building Inspector, explained this case was a violation received on April 19, 2007 via an anonymous complaint regarding an unpermitted living space in the rear yard. Planning and Zoning indicated it was too close to the rear property line as well as it was not allowed. The subject structure was originally a shed which was completely redone. The original shed had a permit. Officer Guillaume distributed photos to the board and the board was apprised the Respondent submitted a permit application. Ms. Cook noted although the permit was applied for, he would not be able to obtain it, because the use was not allowed. That was why they were requesting the structure be demolished. The Respondent explained he was only told to reduce the size. No one was currently living in the structure, which he admitted had a kitchen. The original shed was damaged but not removed and he was trying to rebuild the shed which was approximately 18 feet by 12 feet with the kitchen and bath added without the permit. The City indicated they wanted it demolished and then the Respondent could apply for a permit for a 10 foot by 10 foot structure. Mr. Blasie explained the Zoning Department would not allow the structure. The rear setback required 24 feet and this structure was 2 feet from the property line. Zoning would not allow a habitable structure or any facilities with a kitchen and bath. The issue was the living situation. He assumed the City indicated the structure could be returned to the 10 foot by 10 foot structure with the proper plans. The Respondent contended he would use the structure for storage, not living. Ms. Cook explained the Code required a demolition permit to take it down and then obtaining a permit to replace it. 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19,2007 Mr. Icaro suggested having the drawings drawn to demolish portions of the walls to their advantage. He pointed out the violation was written on April 19, 2007. Motion Based on the testimony and evidence presented in Case #07-2169, Ms. Cook moved that this Board find that Dormil & Abija Emilcar are in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondents correct the violations on or before October 16, 2007. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past 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 unanimously passed. Case # 07-1993 Christian & Missionary Vision/So Point Du Jour, Reg. Agent 2923 S. Federal Highway 10-2 BBC or Ord. PT3-LDR chapter 4 Sec 11 PT3-LDR Chapter 23 - Art 11.0 Mow, weed and trim property & right- of-way. Repair or replace parking lot lights. Property Address: Violation( s): John Herring, Code Compliance Officer, presented the case. Thirty days was given to correct the violation and notice was given via certified mail. Mr. Derisca representing Christian & Missionary Vision, pled guilty. He indicated they corrected some of the violations. The main issue was the lights required for the parking lot. Financially they did not have the resources to comply. Officer Herring distributed photographs to the board and advised in some areas lights were added. There was a floodlight nailed to a tree and he was unsure of the perimeter lights. He saw some lamp housings were missing. Mr. Derisca reported with the economy the way it was, the Church did not have the money and requested four to six months to make the repairs. Mr. Derisca explained the lights on the trees were not working and they were hung right after the hurricane. They have lights for night services when they needed them, 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida - September 19, 2007 and there were other lights that were on from 8 p.m. and off at 6:00 a.m. The Respondent reported they replaced things little by little after the hurricane, but did not provide a dollar total for the repairs. Ms. Carroll thought there were clear safety issues with open junction boxes, and loose wires. Mr. Derisca explained they were in contact with the electrical company and understood the urgency of the matter. He requested the Church be given some time to work with the electrical company and pointed out if they didn't need a permit for the electrical, they could move forward. The board discussed the amount of time to allow the Respondent to make contact with the electric company. A licensed contractor would be needed to work on a commercial structure, unless there was a parishioner who was a licensed contractor. Motion Ms. Carroll moved that Case #07-1993 be tabled until the Code Compliance Board meeting to be held on October 17, 2007. Ms. Cook seconded the motion that unanimously passed. Chair Costantino explained to Mr. Derisca during the next 30 days they expected movement to make the structure safe and talk to the electrical people. Case # 07-2190 Property Address: Violation( s): ROC Property LLC 3300 S. Congress Ave. # 18 BBA FBC '04 105.11 Secure permit for the construction of office walls and call for inspections within 10 days. Hire a licensed contractor to either remove or complete work. Four times fee is required. The property was red tagged. Code Officer Pierre presented the case. The Respondent was present. Darren Cleveland, 3300 S. Congress Avenue, representing RDC Property pled not guilty. Mr. Cleveland explained they purchased the property unaware permits were not pulled. He hired a contractor who submitted a permit application without architectural drawings. There was a pre-existing permit submitted with a sketch; however, they needed to hire the architect. They were making attempts to obtain the permits and did 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2007 not realize the case went that far back. The property was purchased in 2006 and they have been unable to occupy the property and were remodeling the interior. The Respondent was not going to occupy the space and went for the occupational license. During the occupational license inspection, the violations were found. He explained he purchased the property based on the layout. If they removed the wall, the property was not in a useable form to him and there was significant cost involved. He anticipated the permit would be issued in 30 days. Motion Ms. Carroll moved that Case #07-2190 be tabled until the Code Compliance Board meeting to be held on October 17, 2007. Second Vice Chair Simshauser seconded the motion. Mr. Foot thought they were not putting pressure on the Respondent and was adding work for the board. Vote A vote was taken and the motion passed 6-1. (Mr. Foot dissenting) Case #06-2782 Boynton Flex LLC 3479 High Ridge Road Disaster America of Florida Mike Melillo, Code Officer, announced the Respondent had appeared for the hearing but did not know it was tabled. When he learned it was tabled, he left. Motion Ms. Cook moved that Case #06-2782 be tabled until the Code Compliance Board meeting to be held on October 17, 2007. First Vice Chair Yerzy seconded the motion that unanimously passed. Case #06- 2943 National Land Company Inc. 12807 Lake Drive Code Officer Guillaume presented the case and violations involving outside storage, unlicensed/inoperable vehicles, boats, trailers, containers, trash and debris. The Respondent was present and the violations were outstanding for 101 days. Brian Witt, 12807 Lake Drive Extension, National Land Company was present. He advised the site was about a three acre area and it was extremely overgrown with alot 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2007 of trash and hurricane debris. They had tenants they pressured to get their materials out. The clean up took a long time, but they worked diligently to clean it up. Officer Guillaume agreed with the comments made by Mr. Witt and explained it looked very nice now. This property was visible from 1-95. FPL came and cleaned the right-of- ways. There had been a tenant there building chickee/tiki huts and he had vacated the premises. He advised they have a lot of tenants they have to watch. The board discussed the impact on the neighborhood. Ms. Cook noted people had to look at that for a long time. Motion Based on the testimony and evidence presented in Case #06-2943, Ms. Cook moved that this Board find that the Respondent has not complied with this Board's Order dated January 17, 2007, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of$2,500 which includes administrative costs. Second Vice Chair Simshauser seconded the motion that unanimously passed. Case #06-2020 Luce Briseus 2621 NE 4th St. Code Officer Webb presented the case and reviewed the violations still exist, having 65 days of non-compliance. Bethany Francoise was present on behalf of Luce Briseus, the Respondent. She explained they were in the process of addressing the issues but they got conflicting information. For example, they thought they could remove the carport themselves, which they did. They got sealed architectural drawings and they approached the City. She explained their paperwork was in order. They were planning on removing the carport and the vehicles were removed. In the future the Respondent has other plans for the house. The cost to repair the roof and carport it is $8,500. Due to the work Ms. Briseus has planned, she would rather tear the carport down again. She would rather repair the roof for $4K and save money. The board explained the case was a certification and the fines were still running. There was discussion between the board and the Respondent about the fine. Ms. Briseus was under the impression the Respondent thought the fine started in July. She advised she could guarantee, within the 30 days, the carport would be addressed. Additionally, they received the plan from the architect yesterday. Ms. Cook suggested 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2007 Ms. Briseus obtain the permit, remove the carport and contact Mr. Blasie right away which would stop the fine. The Respondent could then come before the board. Motion First Vice- Chair Yerzy moved that Case #06-2020 be tabled until the Code Compliance Board meeting to be held on October 17, 2007. Ms. Carroll seconded the motion that unanimously passed. Case #07-1813 Anne Marie Pons 3615 SW 1st St. Code Officer Guillaume presented the case and reviewed the violations which pertained to overgrown yard and trim work. A fence permit was required and a pool barrier was required. The case complied August 27, 2007 having 29 days of non-compliance. The City was recommending no fine because she was 29 days out of compliance and she was out of state, in Montreal when the notice was sent. Mary Pons, 3615 SE 1st Street, the property owner, explained she purchased the home on May 15, 2007, and she was unaware the home was not in compliance regarding the pool fence. The subject property was a second home. She lives and works in Canada. The house was vacant and when she came back on vacation, she saw the posting. She was told to fix the violation by July 28, 2007, but received the letter in August. There is a fence around the swimming pool and there was water in the pool. Ms. Pons explained had she known of the violation she could have negotiated with the seller and she was pursuing the title company. There was no one to watch the property for her or advise her of any issues while she is in Canada. There was discussion whether the fence was secure or just unpermitted. There was a fence and a pool gate. The fence was unsecured. Attorney Tolces advised the letter advising of the compliance date being sent after the due date and her quick response should be taken into consideration. Motion Based on the testimony and evidence presented in Case #07-1813, Second Vice Chair Simshauser moved that this Board find that the Respondent has complied with this Board's Order dated July 18, 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 zero dollars per. Ms. Cook seconded the motion that unanimously passed. 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2007 Case #07-2508 Thirty Six Hundred Holdings Alpha Rehabilitation 3643 S. Federal Highway Chapter. 2.5-12 Chapter 2.5-13 Excessive false alarms, pay all fines. Property Address: Violation( s): Mr. Blasie announced this case complied. Motion First Vice Chair Yerzy moved that Case #07-2508 be dismissed. Ms. Carroll seconded the motion that unanimously passed. Case #07-2022 Property Address: Violation( s): W.R. McCormick 2116 NE 3rd Street 10-2 BBC of Ord. CH15-Art.lX-15-120(D).Inc. CH15-Art.lX-15-120(D).Inc. Remove household items and junk from the property. Mow yard, remove or repair awning, paint house and awning. Courtney Cain, Code Officer presented the case. The City recommended 10 days be given for compliance, until September 29, 2007. Motion Based on the testimony and evidence presented in Case #07-2022 , Ms. Cook moved that this Board find that W.R. McCormick is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violations on or before September 29, 2007. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past 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. Second Vice Chair Simshauser seconded the motion that unanimously passed. 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2007 Case #07-2482 Property Address: Violation( s): Betty & Lloyd Smith 1970 NW 1st Street 10-2 & 10:3, BBC OF ORD CHP. 13, ART 1, SEC 13-16 Remove clothes, trash & debris from property. Clean pool, obtain Business Tax Receipt for residence rental. Code Officer Cain presented the case and recommended 10 days be given for compliance, until September 29, 2007. Motion Based on the testimony and evidence presented in Case #07-2482, Ms. Cook moved that this Board find that Betty and Lloyd Smith are in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondents correct the violations on or before September 29, 2007. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past September 29, 2007 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case #07-1964 Property Address: Violation( s): 445 Boynton Holdings, LLC 445 North Federal Highway Mow, weed and trim property and right-of-way. Fix windows, repair or replace roof with proper permits. Code Officer Herring presented the case and advised the only thing remaining to be done was to mow, weed and trim. The repair or replacement of the roof and permit issues were addressed. The City recommended 10 days, until September 29, 2007. Motion Based on the'testimony and evidence presented in Case #07-1964, Ms. Carroll moved that this Board find that 445 Boynton Holdings, LLC is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2007 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 the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $150 per day for each day the violation continues past 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 unanimously passed. Case #07-2094 Property Address: Violation( s): Florida 4C Property 2508 N. Federal Highway 10-12 BBC of Ord. CH 21 ART II. SEe. 3 Mow, weed and trim property and right-of-way. Remove unpermitted signs. Code Officer Herring presented the case and advised the City recommended 10 days be given to comply, until September 29, 2007. Motion Based on the testimony and evidence presented in Case #07-2094, Ms. Carroll moved that this Board find that Florida 4C Property is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violations on or before September 29, 2007. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $200 per day for each day the violation continues 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. Second Vice Chair Simshauser seconded the motion that unanimously passed. Case #07-0298 Property Address: Violation( s): Therese M. Fredrickson 1708 SW 16th Street Ch15-ART.lX-15-120(D).Inc. CH 15-ART.lX-15-120(E)Inc. BBA FBC '04 105.1.1 Obtain permit to repair or replace seawall. 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19,2007 Skip Lewis, Senior Code Officer, presented the case and recommended 60 days, until November 18, 2007 be given for compliance. Motion Based on the testimony and evidence presented in Case #07-0298, Second Vice Chair Simshauser moved that this Board find that Therese Fredrickson is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violations on or before November 18, 2007. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past November 18, 2007 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case #07-1655 Property Address: Violation( s): Joseph L. Orzo 1208 NW 8th Street Ch15-ART.IX-15-120(D).Inc. Remove inoperable, unregistered vehicles Skip Lewis, Senior Code Officer, presented the case and recommended 15 days, until October 4, 2007 be given for compliance. Motion Based on the testimony and evidence presented in Case #07-1655, Second Vice Chair Simshauser moved that this Board find that Joseph L. Orzo is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violations on or before October 4, 2007. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past October 4, 2007 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2007 Property Address: Violation( s): Sandalwood HOA/Gulfstream Services Mgmt Reg. Agent/ Daniel E. Shea, President HOA 100 Buttonwood Lane PT3-LDR - CHAPTER 4, SEC 11 CH15-ART.lX-15-120(D)l.1NC. Replaces trees, bushes, hedges, s sod in all areas. Return color scheme to building, fences, etc to comply with original site plan. Case #05-872 Mike Melillo, Senior Code Officer, presented the case and recommended 30 days, until October 16, 2007 be given for compliance. This case was originally cited by Code Officer Rich Laverdure. Communication sent by the Respondent indicated the violations would be corrected. The trees were replaced without a permit. Planning and Zoning and the City Forester requested the case be put on the agenda. Motion Based on the testimony and evidence presented in Case #05-872, Ms. Cook moved that this Board find that Sandalwood HOA is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violations on or before October 16, 2007. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $500 per day for each day the violation continues past October 16, 2007 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. First Vice Chair Yerzy seconded the motion that unanimously passed. Case #07-2115 Property Address: Violation( s): Geneva & Sivongile Russell NE 11th Ave PT3-LDR CHP 20-VIII.SECl.G CH15-ART.lX-15-120(D)l.INC. BBA FBC '05 105.1.1 Secure building to prevent the public from entering the premises, remove all trash. Weed and define driveway, obtain permit for fire damage 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2007 Officer- Mellilo presented the case and recommended 10 days, until September 29, 2007 be given for compliance. Motion Based on the testimony and evidence presented in Case #07-2115, Second Vice Chair Simshauser moved that this Board find that Geneva & Sivongile Russell are in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondents correct the violations on or before September 29, 2007. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past September 29, 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. There was a brief discussion on forcing the Respondents to secure the building. Attorney Tolces advised the board's recourse is to declare the matter a health and safety issue and advise the City Commission of their concerns that appropriate action is warranted. Officer Melillo explained most of the building was secured, and the majority of the case involved the trash. The dwelling was damaged by fire, which resulted in the windows being broken. Vote A vote was taken and the motion unanimously passed. Case #07-2341 Property Address: Violation(s): George Martin 135 NW 3rd Avenue CH 15-ART-15-120(D)Inc. Mow grass, weed and trim lot east of 127 NE 3rd Ave. Remove dead tree limbs. Officer Melillo presented the case and recommended 10 days, until September 29, 2007 be given for compliance. Motion Based on the testimony and evidence presented in Case #07-2341, First Vice Chair Yerzy moved that this Board find that George Martin is in violation of the City of 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2007 Boynton Beach Code Sections 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 the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past 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 unanimously passed. Case #07-2238 Property Address: Violation(s) Lancore Nursery LLC 2632 N. Federal Highway CH 15-ART.IX-15-120(D).Inc. Mow lot and remove overgrowth Code Officer Pierre presented the case and recommended 30 days, until October 16, 2007 be given for compliance. Motion Based on the testimony and evidence presented in Case #07-2238 First Vice Chair Yerzy moved that this Board find that Lancore Nursery, LLC is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violations on or before October 16, September 29, 2007. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past October 16, 2007 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Cook seconded the motion that unanimously passed. Case #07-2338 Property Address: Violation( s): Jean Kenol 2760 NE 5th Ct. CH 15-ART.IX-15-120(D).Inc. Mow lot and remove overgrowth Code Officer Pierre presented the case and recommended 30 days, until October 16, 2007 be given for compliance. 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19,2007 Motion Based on the testimony and evidence presented in Case #07-2338 Ms. Cook moved that this Board find that Jean Kenol is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violations on or before October 16, 2007. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past October 16, 2007 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case #07-2361 Property Address: Violation(s): Christopher Cousineau 2407 NE 4th Street CH 15-ART.IX-15-120(D).Inc. Remove canopy, auto parts, unregistered vehicles, trailer and tires from the property. Officer Pierre presented the case and recommended 10 days, until September 29, 2007 be given for compliance. Mr. Foot thought 15 days may be more appropriate. The board discussed the process between the hearing date and the Respondent's receipt of the order. The process involved typing the orders, attestation from the City Clerk and then the mailing. Motion Based on the testimony and evidence presented in Case #07-2361, First Vice Chair Yerzy moved that this Board find that Christopher Cousineau is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violations on or before September 29, 2007. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $200 per day for each day the violation continues 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. Second Vice Chair Simshauser seconded the motion that unanimously passed. 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2007 Case #07-2487 Property Address: Violation( s): Stacey Saulter 801 S. Atlantic Dr. CH15-ART.lX-15-120(D).Inc. Mow yard, remove trash, unregistered and inoperable vehicles from yard. Officer Pierre presented the case and recommended 15 days, until October 4, 2007 be given for compliance. Motion Based on the testimony and evidence presented in Case #07-2487, First Vice Chair Yerzy moved that this Board find that Stacey Saulter is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violations on or before October 4, 2007. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past October 4, 2007 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case #07-869 Property Address: Violation(s): David & Kathy Cruise 133 SE 11th Ave. CH15-ART.lX-15-120(D)l.1nc. BBA to FBC '04 109.3 PT3-LDR. CH20-VIII.SEC2.A. Remove trash, debris and outside storage from yard. Obtain permit for pool deck. Washing machine must connected to drainage pipe to prevent run off into ground. Drain water from washing machine. Code Officer Webb presented the case and recommended 60 days, until November 18, 2007 be given for compliance. 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2007 Motion Based on the testimony and evidence presented in Case #07-869, Ms. Cook moved that this Board find that David & Kathy Cruise are in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondents correct the violations on or before November 18, 2007. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $25 per day for each day the violation continues past November 18, 2007 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case #07-1876 Property Address: Violation( s): Allen Zambelia 206 SW 3rd Street CH15-ART.lX-15-120(D)l.1nc. CHP.13,ART.ISEC 13-16 10-3 B.B.C. of ORD Remove trash, debris, unlicensed inoperable vehicles from the property. Lower tall pine tree that could be a hurricane hazard. Obtain Business Tax Receipt for rental of subject property. Officer Webb presented the case and recommended 10 days, until September 29, 2007 be given for compliance. He noted the only outstanding item remaining was the permit. Motion Based on the testimony and evidence presented in Case #07-1876, Ms. Cook moved that this Board find that Allen Zambelia is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violations on or before October 16, 2007. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past October 16, 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. 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2007 Chair Costantino noted the respondent was a repeat violator. She requested the motion be reconsidered with a higher fine. It was also noted there was a discrepancy with the date. Ms. Cook corrected her motion to read the fine was $150 per day and due September 29, 2007. Ms. Carroll agreed to the amendment which unanimously passed. Case #07-2295 Property Address: Violation( s): Denton & Dalisa Schoburgh 329 SW 10th Avenue PT3-LDR.CH20-VIII -SEC2.G Remove storm shutters, habitable rooms must have two means of escape, place four inch numbers on structure visible from the street. Officer Webb presented the case and recommended 10 days, until September 29, 2007 be given for compliance Motion Based on the testimony and evidence presented in Case #07-2295, First Vice Chair Yerzy moved that this Board find that Denton & Dalisa Schoburgh are in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondents correct the violations on or before September 29, 2007. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past September 29, 2007, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case #07-2353 Property Address: Violation( s): Andre St. Juste 925 Greenbriar Dr. BBA FBC '04 105.1.1 10-3 B.B.C. or Ord. Remove plywood and 2x4's that are a hurricane hazard. They cannot be used as a permanent fence. Obtain a permit and install a proper fence. 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2907 Code Officer Webb presented the case and recommended 10 days, until September 29, 2007 be given for compliance. The board noted this was a repeat violator. It was the same property but a different violation. Additionally, it was unknown if the facility was operating as a group home or Assisted Living Facility. Officer Webb explained this case was a complaint from the Health Department. Motion Based on the testimony and evidence presented in Case #07-2353, Second Vice Chair Simshauser moved that this Board find that Andre St. Juste is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violations on or before September 29, 2007. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $75 per day for each day the violation continues 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. Motion died for lack of a second. Motion Based on the testimony and evidence presented in Case #07-2353, Ms. Cook moved that this Board find that Andres St. Juste is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violations on or before September 29, 2007. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $250 per day for each day the violation continues past 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. Mr. Moyer seconded the motion that unanimously passed. Case #07-2369 Property Address: Violation( s): Harvey E. Oyer, Jr. 515 E. Ocean Ave. 517 BBA FBC '04 105.1.1 FBC CH4 SEC 401-410 Obtain permits to repair roof at 511 E. Ocean Avenue 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2007 Code Officer Webb presented the case and recommended 10 days, until September 29, 2007 be given for compliance. Motion Based on the testimony and evidence presented in Case #07-2369, Ms. Cook moved that this Board find that Harvey Oyer, Jr. is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violations on or before September 29, 2007. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past 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. Carroll seconded the motion that unanimously passed. Case #07-2388 Property Address: Violation( s): Lelio & Aurora Ciccotelli 248 SW 5th Avenue CH15-ART.IX-15-120( d)l.INC. CHP.13, ART.1 SEC 13-16 Mow property and clear trash and debris. Renting residence requires a Business Tax Receipt Code Officer Webb presented the case and recommended 10 days, until September 29, 2007 be given for compliance. Motion Based on the testimony and evidence presented in Case #07-2388, First Vice Chair Yerzy moved that this Board find that Lelio & Aurora Ciccotelli are in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondents correct the violations on or before September 29, 2007. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $150 per day for each day the violation continues past September 29, 2007, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2007 Officer Melillo recommended the following cases receive a fine in the amount of $25 per day: Case #07-1814 Mark F. Wells 3622 SE 1st. St. Motion Based on the testimony and evidence presented in Case #07-1814, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated July 18, 2007, and having considered the gravity of the violations, the actions taken by the Respondents that this Board impose and certify a fine in the amount of $25 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case #07-745 Esther Simplice &. O. Guichar 812 NW 8th Ave. Motion Based on the testimony and evidence presented in Case #07-745, Mr. Foot moved that this Board find that the Respondents have not complied with this Board's Order dated July 18, 2007, and having considered the gravity of the violations, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $25 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Officer Melillo recommended the following cases receive a fine in the amount of $50 per day: Case #07-913 Lois &. Bill Camilot 306. SW 7th Ave. Motion Based on the testimony and evidence presented in Case #07-913, Second Vice Chair Simshauser moved that this Board find that the Respondents have not complied with this Board's Order dated July 18, 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. Ms. Carroll seconded the motion that unanimously passed. 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2007 Case #07-1055 J. & Willie Mae Murray 545 NW 11th Ave. Motion Based on the testimony and evidence presented in Case #07-1055, Second Vice Chair Simshauser moved that this Board find that the Respondents have not complied with this Board's Order dated 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. Ms. Carroll seconded the motion that unanimously passed. Officer Melillo recommended the following cases receive a fine in the amount of $100 per day: Case #07-533 Diane R. Copeland Tr. 902 S. Seacrest Blvd. Motion Based on the testimony and evidence presented in Case #07-533, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated May 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 $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Officer Melillo recommended the following cases receive a fine in the amount of $500 per day: Case #07-1381 Gail Luchey 124 NW 10th Ave. Motion Based on the testimony and evidence presented in Case #07-1381, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated July 18, 2007, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $500 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Second Vice Chair Simshauser seconded the motion that unanimously passed. 28 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2007 Officer Melillo recommended the following cases receive a fine in the amount of $1,000 per day: Case #07-1577 Omari Murray 408 SW 10th Ave. Motion Based on the testimony and evidence presented in Case #07-1577, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated July 18, 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 $1,000 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Second Vice Chair Simshauser seconded the motion that unanimously passed. Officer Melillo recommended the following cases receive a fine in the amount of 'Wo Fine" per day: Case #07-1384 Alfred Aretus 117 SE 12th Ave. Motion Based on the testimony and evidence presented in Case #07-1384, Ms. Carroll moved that this Board find that the Respondent has complied with this Board's Order dated 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 zero per day plus administrative costs for the total of 80 days of non-compliance. Second Vice Chair Simshauser seconded the motion that unanimously passed. Case #07-1759 Leonie D. Verty 325 SW 6th Ave. Motion Based on the testimony and evidence presented in Case #07-1759, Ms. Carroll moved that this Board find that the Respondent has complied with this Board's Order dated July 18, 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 zero per day plus administrative costs for the total of 3 days of non-compliance. Second Vice Chair Simshauser seconded the motion that unanimously passed. 29 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2007 Case #07-926 Pete Gay Dunn 121 SE 12th Ave. Motion Based on the testimony and evidence presented in Case #07-926, Ms. Carroll moved that this Board find that the Respondent has complied with this Board's Order dated July 18, 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 zero per day plus administrative costs for the total of 3 days of non-compliance. Second Vice Chair Simshauser seconded the motion that unanimously passed. Case #07-1820 Thomas W. McKean 127 SW 10th Ave. Motion Based on the testimony and evidence presented in Case #07-1820, Ms. Carroll moved that this Board find that the Respondent has complied with this Board's Order dated July 18, 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 zero per day plus administrative costs for the total of 3 days of non-compliance. Second Vice Chair Simshauser seconded the motion that unanimously passed. Officer Melillo recommended the following case be tabled to November 19,2007 Case #06-1441 Boynton Flex LLC 3479 High Ridge Rd. Disaster AMerica of Florida Randolph II and 2810 SE Sth Circle Martha Williams Motion Second Vice Chair Simshauser moved that Case #06-1441 be tabled until the Code Compliance Board meeting to be held on November 18--.2, 2007. Ms. Carroll seconded the motion that unanimously passed. Officer Melillo recommended the following case be tabled to January 16, 2008 Case #07-62 Diane Marie Dalelio 230 HE 26th Ave. 306 30 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 19, 2007 Motion Second Vice Chair Simshauser moved that Case #07-62 be tabled until the Code Compliance Board meeting to be held on January 16, 2008. First Vice Chair Yerzy seconded the motion that unanimously passed. VII. ADJOURNMENT Motion First Vice Chair Yerzy moved to adjourn. Ms. Cook seconded the motion that unanimously passed. The meeting adjourned at 9:16 p.m. d. ~ hll JliJ ~ flJ uJ;€M1{ Wvt Cath;ri"n-; Che~-Guberman Recording Secretary 092007 (2:30 pm) 31