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Minutes 10-17-07 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, OCTOBER 17, 2007, 7:00 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Richard Yerzy, First Vice Chair Lisa Simshauser, Second Vice Chair Kathleen Carroll Robert Foot George Moyer Scott Blasie, Code Compliance Administrator David Tolces, Assistant City Attorney ABSENT: Michele Costantino, Chair Kathy Cook I. Call to Order First Vice Chair Yerzy called the meeting to order at 7:00 p.m. II. Approval of Agenda Skip Lewis, Senior Code Officer, requested the following deletions: Case #07-2300 and Case #07-2489, removed; Case #07-2631, Case #07-2038 and Case #07-1739, complied. Motion Second Vice Chair Simshauser moved to accept the agenda as amended. Ms. Carroll seconded the motion that passed unanimously. III. Approval of Minutes Minutes of September 19, 2007 1. Page 1: In the second and third motion paragraphs, the date should read 2008, not 2007. 2. Page 20, Case #07-2238: Compliance date should be 9/29/07, not 10/16/07. Meeting Minutes Code Compliance Board Boynton Beach, Florida October 17, 2007 3. Page 30, Case #06-1441: Should be for Randolph II and Martha Williams, not Boynton Flex LLC/Disaster America. Also, when the motion was made, the case was tabled to 11/18/07. The date of the November meeting would be 11/19/07. Motion Ms. Carroll moved to accept the minutes with the corrections listed. Vice Chair Simshauser seconded the motion that passed unanimously. Minutes of September 27, 2007 Motion Ms. Carroll moved to approve the minutes. Mr. Moyer seconded the motion that passed unanimously. IV. Swearing in of Witnesses and Introduction Attorney Tolces explained the hearing procedures and administered the oath to all who would be testifying. Officer Lewis called the roll and determined who was present. Case #07-1993 Location: Violations: Christian and Missionary Vision 2923 S. Federal Highway 10-2 BBC of Ord., PT3-LDR. ChAo See. 11,PT3-LDR. Ch.23-Art. II. O. Mow, weed and trim property, including right-of-way. Repair or replace all broken parking lot lights. John Herring, Code Officer, presented the case and reviewed the details of the violations. Service was effectuated by certified mail. Staff recommended 30 days to comply. Mr. Dermisca, 2923 S. Federal Highway, representing Christian and Missionary Vision, pled guilty. The board noted the case involved lights strewn in trees. The board set forth concerns relating to the immediate danger of an open junction box. 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 17, 2007 Officer Herring distributed photographs for the board's review. He advised the light poles were still down, but the open junction box had been fixed, and the immediate safety concern relating to the exposed wires had been resolved. Mr. Dermisca advised he would require 90 days to complete the final repairs. He informed the board the lights were turned on for evening services but remained off during the day. The lights in the trees were no longer used, and the lights in the parking lot were damaged by Hurricane Wilma. Motion Based on the testimony and evidence presented in Case #07-1993, Mr. Moyer moved that this board find that Christian and Missionary Vision is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the respondent correct the violation on or before January 15, 2008. 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 $25 per day for each day the violations continue past January 15, 2008 plus administrative costs shall be imposed. The respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this order. Second Vice Chair Simshauser seconded the motion that passed unanimously. First Vice Chair Yerzy announced an attorney was present in the matter of Ralph & Rosie, Ine., and requested this case be heard next. There was no objection by the boa rd. Case #07-1992 Location: Violations: Ralph & Rosie, Inc. 2007 S. Federal Highway LDR Ch.20 Art. I See. C8F13, Ch.21 Art. II Sec. 3 Install 611 address numbers on building per Code. Remove all unpermitted signs (i.e. banners). Officer Herring presented the case and reviewed the details of the violations. The violation pertaining to the 611 address numbers had complied. Service was effectuated by certified mail. The respondent had telephoned Officer Herring this date to discuss the situation. Robin Bresky, Esq., 595 S. Federal Highway, Boca Raton, Attorney for Ralph & Rosie, Inc., pled not guilty. 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 17, 2007 Officer Herring provided photographs and a history of the signs that were permitted on the property. The issue to be addressed pertained to unpermitted signs, which were reflected in the photographs. He displayed to Attorney Bresky two photographs of a large Ralph & Rosie sign located on the side of the street. The sign was actually a banner which stretched into the IIcabinet.1I The history contained a detailed report indicating a permit was never pulled for that sign. The other signs in question were two A-frame signs, a Corona sign and a Budweiser banner. The photographs and history were provided to the board for review. First Vice Chair Yerzy provided clarification of the violations and inquired as to why approval for the signs had not been requested. Attorney Bresky understood the violation was issued on June 26, 2007. She contended the respondent would gladly accommodate the City and do what was required. The photographs provided by Officer Herring had been taken this date and in order for a violation to have occurred on June 26, 2007, she believed there would have to be some indication the violations had occurred at that time. Additionally, she did not believe the respondent was in violation from a notice perspective. She advised of an ongoing litigation between the City of Boynton Beach and Ralph & Rosie, Inc. currently being appealed at the Circuit Court of Palm Beach County, Appellate Division, with regard to liens and signs. She referred to an order dated August 28, 2007 issued in the appeal which prohibited the City from foreclosing on any liens on Ralph & Rosie's property or from taking any action which adversely affected the operation of Ralph & Rosie's business during the pendency of the appeal. She was not taking the position the order was an injunction barring the board from doing its job to enforce Code violations that might exist. However, she contended the City asserted to the Appellate Court the order was an injunction barring the City from doing this. Attorney Tolces advised there was a pending appeal in Circuit Court arising out of the Notice of Violation and Order entered in association with the chickee hut, wherein the City found Ralph & Rosie had not complied with the site plan amendment process. As part of the appeal, the Court had issued a stay with respect to the enforcement of any action the City might take against the property. In the City's opinion, the order was overly broad, as it could stop the City from enforcing any law against the property. Pursuant to the City's request, the Court modified its original order as a blanket stay and narrowed the focus. The City appealed the modification to the Fourth District Court of Appeal, asserting the Circuit Court still exceeded its scope by limiting the City from taking any action with respect to foreclosure or the order on appeal. Therefore, Attorney Tolces believed the board was authorized to take action regarding this case, as such action was not inconsistent with any positions the City was taking on appeal. 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 17, 2007 As to whether or not the violation existed on June 26, 2007, Attorney Tolces added in order for the Code Officer to send a letter, he would have to find a violation existed. The question before the board was whether that violation existed on this date. While a letter was sent advising of a violation on June 26, 2007, the board should not view this issue retrospectively, but consider whether a violation existed on the property as of the date hereof. Based upon the evidence presented, and the board's determination that a violation existed, the board would then decide how much time would be provided for the respondent to come into compliance. Based on the evidence presented, Attorney Tolces believed the City complied with the notice required for this hearing. It would be up to the board to consider the evidence and make the decision. He did advise the board was prohibited from taking any action pertaining to the chickee hut; however, this issue was not before the board. The only issue being considered pertained to the signs. Officer Herring advised the narrative to Ralph and Rosie included instructions to remove all unpermitted signs which he observed at the time, including the Ralph & Rosie sign. Officer Herring did not have photographs from June 26, 2007. Attorney Bresky requested clarification as to what was required to bring the signs into compliance. Attorney Tolces replied the respondent was required to obtain permits for the signs, and the signs would be required to pass a final inspection. He recommended the board consider the evidence presented and make their motion. Scott Blasie, Code Compliance Administrator, advised banners were clearly prohibited by the Sign Code, and as such, could not request Attorney Bresky or the respondent apply for permits for the banners. If the board determined a violation existed, he would request a Cease and Desist Order on the banner. Officer Herring advised, in order for the respondent to come into compliance, he would have to remove the Budweiser banner, the Ralph & Rosie banner that stretched across the cabinet, and the A-Frame signs, which were the Corona signs on the sidewalk and on the side of the property. Attorney Tolces advised if the board were to move for a Cease and Desist Order, the issue would come back to the board whenever a violation recurred. If the board moved for a regular finding of violation, the fine would accumulate once the violation was not remedied by the compliance date. Motion Based on testimony and evidence presented in Case #07-1992, Ms. Carroll moved that a Cease and Desist Order be issued giving Ralph & Rosie, Ine. until October 27, 2007 to 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 17,2007 bring the violations of City of Boynton Beach Code Sections as cited into compliance. 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 a fine in the amount of $250 per reoccurrence of the violation thereafter shall be imposed upon the respondent. Mr. Foot seconded the motion that passed unanimously. Attorney Bresky advised she would be requesting written instructions from the Code Officer as to the manner in which the respondent could come into compliance. Case #07-2190 Location: Violation: RDC Property LLC 3300 S. Congress Avenue #18 BBA FBC '04 105.1.1 Secure permit for construction of office walls and call for inspection within 10 days. Hire licensed contractor to either remove or complete the work. See red tag dated 5/10/07. Vestiguerne Pierre, Senior Code Officer, presented the case and reviewed the details of the violations. The green card was returned by the Post Office marked, "vacant, unable to forward. II Service was effectuated by posting of the notice. Officer Pierre reported the respondent was present. Darren Cleveland, 20 Lake Eden Drive, property owner, pled not guilty. Officer Pierre advised a red tag was issued by the Building Department for construction of a wall without a permit or inspection, and requested Mr. Cleveland provide an explanation. Mr. Cleveland advised he acquired the property with the wall already constructed, and he was required to pull a permit, incurring additional costs. His architect accompanied him and they were working diligently to come into compliance. The City did not have plans on record for the property, which was previously a rental property converted into either office or warehouse condominiums. As the plans could not be located, they had to begin from scratch. They would apply for the permit within 30 days. Officer Pierre pointed out Mr. Cleveland pled not guilty, which indicated a problem did not exist. As a problem obviously existed, Mr. Cleveland retracted his not guilty plea and pled no contest. Mr. Cleveland indicated he would apply for the permit within 30 days and call for a re- inspection as required. 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 17, 2007 Discussion ensued with regard to tabling this motion. Motion Ms. Carroll moved Case #07-2190 be tabled to January 16, 2008. Second Vice Chair Simshauser seconded the motion. Mr. Cleveland believed the City should have records for the property in question, which was previously occupied. Mr. Foot pointed out the City had no obligation to provide plans for the building and did not set itself out to be a records keeper. He believed the matter should be tabled from month to month. Motion The motion passed 4-1 (Mr. Foot dissenting). Case #07-2390 Vinnette Williams 1466 Sudder Avenue Port St. Lucie, FL 340 SW 10th Street CHI5-Art.lX-15-120(D) 1 Inc.,Chp.13, Art. 1 Sec.13-16 Obtain business tax receipt to rent residence. Property must be mowed and free of all loose trash and debris. Location: Violations: Willie Webb, Senior Code Officer, presented the case and reviewed the details of the violations. Notice was provided by certified mail. However, the green card was returned unclaimed. Service was effectuated by posting the notice. The respondent was given 10 days to comply. Officer Webb advised Ms. Russell was accompanied by her attorney at the last meeting, and was present this date. Louise Russell, 340 SW 10th Street, advised she did not know Ms. Williams. Attorney Tolces believed the property was sold and recorded in someone else's name, notwithstanding Ms. Russell was still the owner. Ms. Russell spoke of fraudulent activity with regard to the property in question. Officer Webb was at the site on October 16, 2007 and advised the property was littered with trash, debris, and old tires which needed to be removed from the premises. He advised the business tax receipt violation could be disregarded, as Ms. Russell resided in the house. 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 17,2007 Ms. Russell pled no contest, and believed it would take 90 days to comply. There were nine broken windows in the house, creating the impression the house was vacant. The fencing was displaced from a hurricane, and the pool was not enclosed. Ms. Russell did not make any repairs to the property, as it was going into foreclosure. Officer Webb informed the board Ms. Russell had another case before the board, Case #07-2701. He suggested dismissing Case #07-2390, and considering Case #07-2701, as the violations presented an immediate danger to the public. Ms. Russell had mowed the grass and removed most of the trash and debris with respect to Case #07-2390. Motion Ms. Carroll moved to dismiss Case #07-2390. Second Vice Chair Simshauser seconded the motion that passed unanimously. Case #07-2701 Vinette Williams 1466 Sudder Avenue Port St. Lucie, FL 340 SW 10th Street 10-2 BBC of Ord.,CHI5. Art. IX-15-120 (D) 1 Ine., CHIS. Art.IX-15-120(E)1 Inc.,424.2.17.1.1 through 10 Remove all grass and debris from rear yard. Mow and trim all overgrowth. Replace all broken windows. Install self-latching gate on swimming pool. Clean dank, dirty water in pool. Location: Violations: Officer Webb presented the case and reviewed the details of the violations. Notice was sent by certified mail, but was return unclaimed. Service was effectuated by posting. The respondent was given 10 days to comply. Officer Webb informed the board Ms. Russell had mowed the grass and cleared the trash and debris. However, the windows had not been repaired. Ms. Russell indicated the broken windows were covered. Officer Webb provided photographs for the board's review. Attorney Tolces expressed his concern, as the notices were provided to Ms. Williams and not to Ms. Russell. To the extent any liens were placed on the property, they would go against Ms. Russell. Further, Attorney Tolces believed there was ongoing litigation. While he recognized the seriousness of the issues, from a notice perspective, if the board were to impose a lien on the property, it could be nullified by any ongoing litigation. He suggested the board table the case for 30 days in order to address any 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 17, 2007 notice issues with respect to an owner, or an owner-in-fact, and to ensure any action taken by the board would prevail. Motion Mr. Moyer moved to table Case #07-2701 until the next Code Compliance meeting on November 19, 2007. Mr. Foot seconded the motion that passed unanimously. The board recommended Ms. Russell carefully consider installing a self-latching gate, as this was a life-safety issue. Case #06-678 Deliverance Holy Temple- Pastor R. Smith 202 NW 9th Avenue Mike Melillo, Senior Code Officer, presented the case and reviewed the details of the violations resulting from interior remodeling without a permit. Notice was sent by certified mail, but returned unclaimed. Service was effectuated by posting. The date of the Code Compliance Board hearing was March 21, 2007, and no one had appeared. The compliance date and proposed fine set by the board was March 31, 2007, or $150 per day. The violation still existed, having 199 days of non-compliance. As of the date hereof, the remodeling permits had not been obtained. Pastor Robert Smith, 202 NW 9th Avenue, Deliverance Holy Temple Inc., advised while he had communicated with several general contractors, none were willing to undertake a project commenced by another contractor. He did locate a contractor several days ago, Donald Brown, who wanted to review the prior work done before making any commitments. Officer Melillo pointed out the narrative indicated the remodeling commenced prior to the issuance of the permit, and while Pastor Smith was in possession of the premises. The board discussed tabling the matter in order to provide Pastor Smith with an opportunity to hire a general contractor and pull the necessary permits. The board emphasized a fine would continue accruing. Motion Mr. Moyer moved to table Case #06-678 to the December 19, 2007 Code Compliance Board meeting. Ms. Carroll seconded the motion that passed unanimously. 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 17, 2007 Case #07 -520 Deliverance Holy Temple- 202 NW 9 Avenue Pastor R. Smith Officer Melillo presented the case and reviewed the details of the violations. Notice was sent by certified mail, but was returned unclaimed. Service was effectuated by posting. The date of the Code Compliance Board hearing was May 16, 2007, and Pastor Smith had appeared. The compliance date and proposed fine set by the board was June 15, 2007, or $50 per day. The violation still existed, having 123 days of non - compliance. It would be necessary for Pastor Smith to hire a general contractor and have the necessary permits pulled for the air - conditioner. Motion Mr. Moyer moved to table Case #07 -520 to the December 19, 2007 meeting of the Code Compliance Board. Ms. Carroll seconded the motion. The motion unanimously passed. First Vice Chair Yerzy reminded Pastor Smith the fines were still accruing. Case #07 - 1063 Lue Gennie Rivers 515 NW 11 Avenue Officer Melillo presented the case and reviewed the details of the violations which included repairing or replacing the roof and painting of two structures. The Notice of Violation was dated April 25, 2007. The date of the Code Compliance Board hearing was June 20, 2007, and no one had appeared. The compliance date and proposed fine set by the board was September 18, 2007, or $50 per day. The violation still existed, having 28 days of non - compliance. Marshall Rivers, 515 NW 11 Avenue, son of the respondent, advised the respondent was in a nursing home, and he was appearing on her behalf. Attorney Tolces advised Mr. Rivers' appearance on behalf of his mother was satisfactory. Officer Melillo displayed photographs to Mr. Rivers. The board inquired whether anything was being done to bring the violations into compliance. Mr. Rivers advised he was attempting to sell one of the structures and - believed he had a potential buyer. It was his intention to repair the other structure. First Vice Chair Yerzy inquired whether the properly consisted of one or two structures. Officer Melillo indicated the two structures came up as one property. One of the structures required painting. The roof on one of the structures required replacement, while a portion of the roof on the other structure required repairs. 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 17, 2007 Motion Based on the testimony and evidence presented in Case #07 -2630, Ms. Carroll moved that this board find that Antonio Storzieri is in violation of City of Boynton Beach Code Section as cited, and moved to order that the respondent correct the violation on or before October 27, 2007. The board has considered the gravity of the violation, the actions taken by the respondent, and any previous violations by the respondent, and hereby orders that if the respondent does not comply with this order, a fine in the amount of $25 per day for each day the violation continues past October 27, 2007 plus administrative costs shall be imposed. The respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this order. Second Vice Chair Simshauser seconded the motion that passed unanimously. Case #07 - 711 Chorwadi Mata Inc. and Sipika and Kirit Shah Location: 2821 S. Federal Highway Violations: 10 -2 BBC of Ord.,10 -3 BBC of Ord.,PT3 -LDR. Ch.4 Sec. 11, 105.1 FBC 2004, PT3- LDR.Ch.23 -Art. Bring property back to original site plan on file with the City. Restripe and resurface parking lots. Remove all junk, trash and debris. Obtain proper permits for gates or remove gates. Officer Herring presented the case and reviewed the details of the violations. Service was effectuated by certified mail to Sipika and Kirit Shah. The City recommended 30 days for compliance. The commercial name for the property was the Homing Inn. The respondents had complied with the hurricane hazards, overgrowth and parking lot repairs, but had not complied with replanting of the trees, shrubs or bushes per the original site plan. Motion Based on the testimony and evidence presented in Case #07 -711, Mr. Foot moved that this board find that Chorwadi Mata Inc. and Sipika and Kirit Shah are in violation of City of Boynton Beach Code Section as cited, and moved to order that the respondents correct the violation on or before November December 16, 2007. The board has considered the gravity of the violation, 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 November 16, 2007 plus administrative costs shall be imposed. The respondents are further ordered to contact the City of Boynton Beach Code 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 17, 2007 Compliance Division in order to arrange for re- inspection of the property to verify compliance with this order. Ms. Carroll seconded the motion that passed unanimously. Case #07 -1823 Home Depot USA, Inc. Location: 1520 SW 8 Street Violations: BBA FBC '04 105.1.1, BBA FBC '04 105.4, BBA to FBC '04 109.3 Secure final inspection for new metal roof installed on the garden center and call for inspections. See red tag dated May 29, 2007. Officer Lewis presented the case and reviewed the details of the violations. Service was effectuated by certified mail. The City recommended 30 days for compliance. Motion Based on the testimony and evidence presented in Case #07 -1823, Second Vice Chair Simshauser moved that this board find that Home Depot USA, Inc. is in violation of City of Boynton Beach Code Section as cited, and moved to order that the respondent correct the violation on or before November 16, 2007. The board has considered the gravity of the violation, the actions taken by the respondent, and any previous violations by the respondent, and hereby orders that if the respondent does not comply with this order, a fine in the amount of $50 per day for each day the violation continues past November 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 passed unanimously. Case #07 -2071 Casablanca Isles Condo Assoc. Location: 815 W. Boynton Beach Boulevard #11000 Violations: BBA FBC '04 105.1.1, BBA FBC '04 105.4,BBA to FBC '04 109.3 Obtain permit for roof on building 11 (permit #05- 4368 is void). See red tag. Officer Lewis presented the case and reviewed the details of the violations. Service was effectuated by certified mail. The City recommended 60 days for compliance. 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 17, 2007 Motion Based on the testimony and evidence presented in Case #07 -2071, Ms. Carroll moved that this board find that Casablanca Isles Condo Assoc. is in violation of City of Boynton Beach Code Section as cited, and moved to order that the respondent correct the violation on or before December 16, 2007. The board has considered the gravity of the violation, the actions taken by the respondent, and any previous violations by the respondent, and hereby orders that if the respondent does not comply with this order, a fine in the amount of $50 per day for each day the violation continues past December 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. Second Vice Chair Simshauser seconded the motion that passed unanimously. Case #07-2365 Gregory Kleinrichert 9 Location: 1303 NW 11 Street through 10 Violations: 424.2.17.1.1 g , BBA FBC '04 105.1.1 Secure pool with proper permitted barrier. Officer Lewis presented the case and reviewed the details of the violations. Service was effectuated by certified mail. The City recommended 30 days for compliance. The fence had been installed, and a permit was required. Motion Based on the testimony and evidence presented in Case #07 -2365, Ms. Carroll moved that this board find that Gregory Kleinrichert is in violation of City of Boynton Beach Code Section as cited, and moved to order that the respondent correct the violation on or before November 16, 2007. The board has considered the gravity of the violation, the actions taken by the respondent, and any previous violations by the respondent, and hereby orders that if the respondent does not comply with this order, a fine in the amount of $50 per day for each day the violation continues past November 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. Second Vice Chair Simshauser seconded the motion that passed unanimously. Case #07 -2403 James R. and Gloria M. Lowe Location 904 SW 18 Street Violations: BBA FBC '04 105.1.1; BBA FBC '04 105.4 Contact Building Division to resolve issue of voided permit #06 -4781. See red tag. 17 Meeting. Minutes Code Compliance Board Boynton Beach, Florida October 17, 2007 Officer Lewis presented the case and reviewed the details of the violations. Service was effectuated by certified mail. The City recommended 60 days for compliance. Motion Based on the testimony and evidence presented in Case #07 -2403, Mr. Foot moved that this board find that James R. and Gloria M. Lowe are in violation of City of Boynton Beach Code Section as cited, and moved to order that the respondents correct the violation on or before December 16, 2007. The board has considered the gravity of the violation, 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 December 16, 2007 plus administrative costs shall be imposed. The respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this order. Second Vice Chair Simshauser seconded the motion that passed unanimously. Case #07 -2523 Gonzalo Gandica Land Trust Location: 763 NW 11 Street Violations: CH15- ART.IX- 15- 120(D)1 Inc., CH15- ART.IX- 15 -20(E) Inc. Mow and weed yard overgrown and areas. Remove all 9 debris from the property. Restore pool to sanitary condition and repair broken window. Officer Lewis presented the case and reviewed the details of the violations. Service was effectuated by posting. The City recommended 15 days for compliance. Motion Based on the testimony and evidence presented in Case #07 -2523, Second Vice Chair Simshauser moved that this board find that Gonzalo Gandica Land Trust is in violation of City of Boynton Beach Code Section as cited, and moved to order that the respondent correct the violation on or before November 1, 2007. The board has considered the gravity of the violation, the actions taken by the respondent, and any previous violations by the respondent, and hereby orders that if the respondent does not comply with this order, a fine in the amount of $50 per day for each day the violation continues past November 1, 2007 plus administrative costs shall be imposed. The respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this order. Ms. Carroll seconded the motion that passed unanimously. 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 17, 2007 Case #07 -2743 Deutsche Bank National Trust Location:: 322 Glen Arbor Terrace Violation: CH15- ART.IX- 15- 120(D) Inc. Mow and weed overgrown property. Maintain property. Officer Lewis presented the case and reviewed the details of the violations. Service was effectuated by posting. The City recommended 10 days for compliance. Motion Based on the testimony and evidence presented in Case #07 -2743, Ms. Carroll moved that this board find that Deutsche Bank National Trust is in violation of City of Boynton Beach Code Section as cited, and moved to order that the respondent correct the violation on or before October 27, 2007. The board has considered the gravity of the violation, the actions taken by the respondent, and any previous violations by the respondent, and hereby orders that if the respondent does not comply with this order, a fine in the amount of $75 per day for each day the violation continues past October 27, 2007 plus administrative costs shall be imposed. The respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this order. Second Vice Chair Simshauser seconded the motion that passed unanimously. Case #07 -1636 United Realty Management Inc. Location:. 135 NE 11 Avenue Violations: PT3- LDR.CH2O- VIII.Sec.1.G, BBA FBC '05 105.1.1 Secure all openings to keep the public from entering. Obtain permits for new windows, doors and fire damage. Officer Melillo presented the case and reviewed the details of the violations. Service was effectuated by certified mail. The City recommended 10 days for compliance as well as the issuance of a fine. Officer Melillo had communications with the respondent on several occasions with regard to the permits. Repairs were made for damages that resulted from a fire. No permits were obtained for the repair work. To date, the building remained unsecured. Motion Based on the testimony and evidence presented in Case #07 -1636, Second Vice Chair Simshauser moved that this board find that United Realty Management Inc. is in violation of City of Boynton Beach Code Section as cited, and moved to order that the. 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 17, 2007 respondent correct the violation on or before October 27, 2007. The board has considered the gravity of the violation, the actions taken by the respondent, and any previous violations by the respondent, and hereby orders that if the respondent does not comply with this order, a fine in the amount of $500 per day for each day the violation continues past October 27, 2007 plus administrative costs shall be imposed. The respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this order. Ms. Carroll seconded the motion that passed unanimously. Case #07 - 2449 Karl Schwab Location: 145 SW 10 Ave. Violation: BBA FBC '04 105.1.1 Obtain permit for wood fence. Officer Webb presented the case and reviewed the details of the violations. Service was effectuated by certified mail. The City recommended 30 days for compliance. Motion Based on the testimony and evidence presented in Case #07 -2449, Mr. Moyer moved that this board find that Karl Schwab is in violation of City of Boynton Beach Code Section as cited, and moved to order that the respondent correct the violation on or before November 16, 2007. The board has considered the gravity of the violation, the actions taken by the respondent, and any previous violations by the respondent, and hereby orders that if the respondent does not comply with this order, a fine in the amount of $50 per day for each day the violation continues past November 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 passed unanimously. Case #07 - 2552 Roger Smith Location:. 466 SW 3 Avenue Violations: CH15- ART.IX- 15- 120(D) Inc.,PT3- LDR.CH2. Sec.5.D.1 Remove all outside storage items in rear yard. Remove oversized vehicles and front loader. Obtain Business Tax Receipt in order to rent residence. Officer Webb presented the case and reviewed the details of the violations. Service was effectuated by posting. The City recommended 10 days for compliance. 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 17, 2007 Motion Based on the testimony and evidence presented in Case #07 -2552, Mr. Foot moved that this board find that Roger Smith is in violation of City of Boynton Beach Code Section as cited, and moved to order that the respondent correct the violation on or before. October 27, 2007. The board has considered the gravity of the violation, the actions taken by the respondent, and any previous violations by the respondent, and hereby orders that if the respondent does not comply with this order, a fine in the amount of $250 per day for each day the violation ,continues past October 27, 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 4 -1 (Ms. Carroll dissenting). Case #07 - 2622 Mike and Cheryl M. Levy Location: 720 SE 3 Street Violations: CH.15- ART.IX- 15- 120(D) 1 Inc. Remove all unsightly weeds. Define driveway and trim all overgrowth. Officer Webb presented the case and reviewed the details of the violations. Service was effectuated by certified mail. The City recommended 10 days for compliance. The respondents were repeat violators. Motion Based on the testimony and evidence presented in Case #07 -2622, Mr. Moyer moved that this board find that Mike and Cheryl M. Levy are in violation of City of Boynton Beach Code Section as cited, and moved to order that the respondents correct the violation on or before October 27, 2007. The board has considered the gravity of the violation, the actions taken by the respondents, and any previous violations by the respondents, and hereby orders that if the respondents do not comply with this order, a fine in the amount of $250 per day for each day the violation continues past October 27, 2007 plus administrative costs shall be imposed. The respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this order. Ms. Carroll seconded the motion that passed unanimously. Case #07 - 2652 James Ploen and Olga Lukanich Trust Location: 415 SE 5 Avenue Violations: CHP. 13, ART. 1 Sec. 13 -16 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 17, 2007 Obtain Business Tax Receipt in order to rent residence. Officer Webb presented the case and reviewed the details of the violations. Service was effectuated by certified mail. The City recommended 60 days for compliance. Motion Based on the testimony and evidence presented in Case #07 -2652, Second Vice Chair Simshauser moved that this board find that James Ploen and Olga Lukanich Trust is in violation of City of Boynton Beach Code Section as cited, and moved to order that the respondent correct the violation on or before December 16, 2007. The board has considered the gravity of the violation, the actions taken by the respondent, and any previous violations by the respondent, and hereby orders that if the respondent does not comply with this order, a fine in the amount of $65 75 per day for each day the violation continues past December 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 passed unanimously. Case #07 - 2655 Stewart A. Houghtaling Location: 222 SE 4 Avenue Violations: CH.15- ART.IX- 15- 120(D) 1 Inc., CHP. 13, ART. 1 Sec. 13 -16 Mow tall grass and trim all overgrowth. Obtain Business Tax Receipt in order to rent residence. Officer Webb presented the case and reviewed the details of the violations. Service was effectuated by posting. The City recommended 30 days for compliance. Motion Based on . the testimony and evidence presented in Case #07 -2655, Mr. Foot moved that this board find that Stewart A. Houghtaling is in violation of City of Boynton Beach Code Section as cited, and moved to order that the respondent correct the violation on or before. November 16, 2007. The board has considered the gravity of the violation, the actions taken by the respondent, and any previous violations by the respondent, and hereby orders that if the respondent does not comply with this order, a fine in the amount of $75 per day for each day the violation continues past November 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- 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 17, 2007 inspection of the property to verify compliance with this order. Ms. Carroll seconded the motion that passed unanimously. Case #07 Omari Murray Location: 211 SE 4 Avenue Violations: CHP. 13, ART. 1 SEC. 13 -16, CH.15- ART.IX -15- 120(D)1 Inc. Remove all unsightly weeds. Sod all bare areas. Obtain business tax receipt in order to rent residence. Officer Webb presented the case and reviewed the details of the violations. Service was effectuated by posting. The City recommended 10 days for compliance. Motion Based on the testimony and evidence presented in Case #07 -2673, Ms. Carroll moved that this: board find that Omari Murray is in violation of City of Boynton Beach Code Section as cited, and moved to order that the respondent correct the violation on or before October 27, 2007. The board has considered the gravity of the violation, the actions taken by the respondent, and any previous violations by the respondent, and hereby orders that if the respondent does not comply with this order, a fine in the amount of $500 per day for each day the violation continues past October 27, 2007 plus administrative costs shall be imposed. The respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this order. Second Vice Chair Simshauser seconded the motion that passed unanimously. Officer Lewis recommended the following cases be certified at $25 per day: Case #07- 2246 and Case #07 -1742. Case #07 -2246 Fernando and Joanne 1067 SW 24 Avenue Chipelo Motion Based on the testimony and evidence presented in Case #07 -2246, Mr. Foot moved that this board find that the respondents, Fernando and Joanne Chipelo, have not complied.: with this board's order dated August 15, 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 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 17, 2007 entered based upon this certification of fine. Ms. Carroll seconded the motion that passed unanimously. Case #07 -1742 Brian and Daisy Maria 7012 Chesapeake Cir. Hugon Motion Based on the testimony and evidence presented in Case #07 -1742, Mr. Foot moved that this board find that the respondents, Brian and Daisy Maria Hugon, have not complied with this board's order dated August 15, 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 passed unanimously. Officer Webb advised Case #07 -166 complied and recommended "No Fine ". Case #07 -166 Richard Petti 131 SE 3 Avenue Motion Based on testimony and evidence presented in Case #07 -166, Ms. Carroll moved that this board find that the respondent, Richard Petti, was in violation of the City of Boynton Beach Code Sections as cited subsequent to the date of compliance specified in the board's order of May 16, 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." Mr. Foot seconded the motion that passed unanimously. Officer Lewis recommended the following cases be certified at $200 per day: Case #07- 2141 and Case #07 -1654. Case #07 -2141 Andrew and Gail Luchey 118 NW 10 Avenue Motion Based on the testimony and evidence presented in Case #07 -2141, Ms. Carroll moved that this board find that the respondents, Andrew and Gail Luchey, had not complied with this board's order dated August 15, 2007, and having considered the gravity of the violations, the actions taken by the respondents, that this board impose and certify a 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 17, 2007 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. Mr. Moyer seconded the motion that passed unanimously. Case #07 -1654 Norbey D. Tobon and Diana Garces 215 SW 1 Street Motion Based on the testimony and evidence presented in Case #07 -1654, Ms. Carroll moved that this board find that the respondents, Norbey D. Tobon and Diana Garces, had not complied with this board's order dated August 15, 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. Mr. Moyer seconded the motion that passed unanimously. Officer Lewis recommended the following five cases be certified at $1,000 per day: Case #07 -1901, Case #07 -1902, Case #07 -1903, Case #07 -1904 and Case #07 -1905. Case #07 -1901 Ocean Avenue Holding 306 E. Ocean Avenue LLC #104 Motion Based on the testimony and evidence presented in Case #07 -1901, Second Vice Chair Simshauser moved that this board find that the respondent, Ocean Avenue Holding LLC, has not complied with this board's order dated August 15, 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. Ms. Carroll seconded the motion that passed unanimously. Case #07 -1902 Ocean Avenue Holding 306 E. Ocean Avenue LLC #112 Motion Based on the testimony and evidence presented in Case #07 -1902, Second Vice Chair Simshauser moved that this board find that the respondent, Ocean Avenue Holding LLC, has not complied with this board's order dated August 15, 2007, and having considered the gravity of the violations, the actions taken by the respondent, that this board 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 17, 2007 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. Ms. Carroll seconded the motion that passed unanimously. Case #07 -1903 Ocean Avenue Holding 306 E. Ocean Avenue LLC #204 Motion Based on the testimony and evidence presented in Case #07 -1903, Second Vice Chair Simshauser moved that this board find that the respondent, Ocean Avenue Holding LLC, has not complied with this board's order dated August 15, 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. Ms. Carroll seconded the motion that passed unanimously. Case #07 -1904 Ocean Avenue Holding 306 E. Ocean Avenue LLC #205 Motion Based on the testimony and evidence presented in Case #07 -1904, Second Vice Chair Simshauser moved that this board find that the respondent, Ocean Avenue Holding LLC, has not complied with this board's order dated August 15, 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. Ms. Carroll seconded the motion that passed unanimously. Case #07 =1905 Ocean Avenue Holding 306 E. Ocean Avenue LLC #210 Motion Based on the testimony and evidence presented in Case #07 -1905, Second Vice Chair Simshauser moved that this board find that the respondent, Ocean Avenue Holding LLC, has not complied with this board's order dated August 15, 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 26 Meeting Minutes Code Compliance Board Boynton. Beach, Florida October 17, 2007 judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that passed unanimously. Code Officer Lewis advised the following five cases complied and recommended "No Fine ": Case #06 -2020, Case #07 -739, Case #07 -2202, Case #07 -2113 and Case #07- 2025. Case #06 -2020 Luce Briseus 2621 NE 4 Street Motion Based on the testimony and evidence presented in Case #06- 2020, Second Vice Chair Simshauser moved that this board find that the respondent, Luce Briseus. 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 April 16, 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." Ms. Carroll seconded the motion that passed unanimously. Case #07 -739 Angeline Jean- Pierre and 146 SE 8 Avenue Francois Godard Based on the testimony and evidence presented in Case #07 -739, Second Vice Chair Simshauser moved that this board find that the respondents, Angeline Jean - Pierre and Francois Godard, 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 respondent to remedy the violations and the previous violations of the respondents, that this board impose and certify "No Fine." Ms. Carroll seconded the motion that passed unanimously. Case #07 -2202 1865 Woolbright Road 1871 W. Woolbright LLC Road Motion Based on the testimony and evidence presented in Case #07 -2202, Second Vice Chair Simshauser moved that this board find that the respondent, 1865 Woolbright Road 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 August 15, 2007, and in consideration of the gravity of the violations and the actions taken by the respondent to remedy the violations and the previous violations of the respondent, that this board 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 17, 2007 impose and certify "No Fine." Ms. Carroll seconded the motion that passed unanimously. Case #07 -2113 Pierre Senatus Jr. 35 Paxton Lane Motion Based on the testimony and evidence presented in Case #07 -2113, Second Vice Chair Simshauser moved that this board find that the respondent, Pierre Senatus, Jr., 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 August 15, 2007, and in consideration of the gravity of the violations and the actions taken by the respondent to remedy the violations and the previous violations of the respondent, that this board impose and certify "No Fine." Ms. Carroll seconded the motion that passed unanimously. Case #07 -2025 Albanado and Cedieu Myrtil 301 SW 6 th Ave. and Simeon Innocent Motion Based on the testimony and evidence presented in Case #07 -2025, Second Vice Chair Simshauser moved that this board find that the respondents, Albanado and Cedieu Myrtil and Simeon Innocent, 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 August 15, 2007, and in consideration of the gravity of the violations and the actions taken by the respondent to remedy the violations and the previous violations of the respondents, that this board impose and certify "No Fine." Ms. Carroll seconded the motion that passed unanimously. Officer Lewis recommended the following five cases be tabled to November 19, 2007: Case #07 -561, Case #07 -564, Case #07 -1830, Case #07 -2188 and Case #07 -1098. Case #07 -561 Yachtsman Properties LLC 1550 N. Federal Andrew P. Cohen Highway Motion Mr. Foot moved to table Case #07 -561 until the Code Compliance Board Meeting to be held November 19, 2007. Ms Carroll seconded the motion that passed unanimously. 28 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 17, 2007 Case #07 -564 Yachtsman Properties LLC 1600 N. Federal Andrew P. Cohen Highway Motion Mr. Foot moved to table Case #07 -564 until the Code Compliance Board Meeting to be held November 19, 2007. Ms Carroll seconded the motion that passed unanimously. Case #07 -1830 Yachtsman Properties LLC 1600 N. Federal Andrew P. Cohen Highway Motion Mr. Foot moved to table Case #07 -1830 until the Code Compliance Board Meeting to be held November 19, 2007. Ms Carroll seconded the motion that passed unanimously. Case #07 -2188 Beatrice C. and 2636 SW 23 Jay H. Gassman Cranbrook Court Motion Mr. Foot moved to table Case #07 -2188 until the Code Compliance Board Meeting to be held November 19, 2007. Ms Carroll seconded the motion that passed unanimously. Case #07 -1098 Yves and Lidiana Faustin 320 SW 2 " St. Motion Mr. Foot moved to table Case #07 -1098 until the Code Compliance Board Meetin g to be held November 19, 2007. Ms Carroll seconded the motion that passed unanimously. Code Officer Lewis recommended the following three cases be tabled to December 19, 2007: Case #06 -2782, Case #07 -1103 and Case #06 -2328. Case #06 -2782 Boynton Flex LLC 3479 High Ridge Rd. Disaster America of Florida Motion Ms. Carroll moved to table Case #06 -2782 until the Code Compliance Board Meeting to be held December 19, 2007. Second vice Chair Simshauser seconded the motion that passed unanimously. 29 Meeting Minutes Code Compliance Board Boynton Beach, Florida October .17, 2007 Case #07 -1103 Exotic Motorcars 103 Commerce Rd. and Jewelry Inc. Motion Ms. Carroll moved to table Case #06 -1103 until the Code Compliance Board Meeting to be held December 19, 2007. Second Vice Chair Simshauser seconded the motion that passed unanimously. Case #06 -2328 Boynton Shoppes 2212 N. Congress Ave. Acquisition Motion Ms. Carroll moved to table Case #06 -2328 until the Code Compliance Board Meeting to be held December 19, 2007. Second Vice Chair Simshauser seconded the motion that passed unanimously. Officer Lewis recommended Case #07 -1767 be tabled to January 16, 2008. Case #07 -1767 Teresa M. Patrikios Family Trust 2615 NE 1 Court #311 Motion Second Vice Chair Simshauser moved to table Case #07 -1767 to January 16, 2008. Ms. Carroll seconded the motion that passed unanimously. VII. Discussion Ms. Springer announced the following changes in meeting dates for the Code Compliance Board: (1) Lien Reduction Hearing scheduled for October 25, 2007 would not be held; (2) the next Regular meeting would be held on Monday, November 19, 2007; and (3) the next Lien Reduction Hearing would be held December 27, 2007. VIII. Adjournment 30 Meeting Minutes Code Compliance Board Boynton Beach, Florida October 17, 2007 Motion Second Vice Chair Simshauser moved to adjourn. Ms. Carroll seconded the motion that passed unanimously. The meeting adjourned at 8:58 p.m. ~ Qi-- Stephanie D. Kahn Recording Secretary 101807 102507 31