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Minutes 11-19-07 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON MONDAY, NOVEMBER 19, 2007, AT 7:00 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Richard Yerzy, First Vice Chair Kathy Cook Robert Foot George Moyer, (arrived 8;25 p.rn.) Scott Blasie, Code Compliance Administrator ABSENT: Lisa Simshauser, Second Vice Chair Kathleen Carroll I. Call to order Chair Costantino called the meeting to order at 7:00 p.m. II. Approval of Agenda Officer Willie Webb announced the following changes: Case Nos. 07-2939 and 07-2880 complied, Case Nos. 07-2808, 07-2813 and 07-160 were removed. Motion Mr. Foot moved approval of the agenda. First Vice Chair Yerzy seconded the motion that passed unanimously. III. Approval of 10/17/07 Minutes The following changes were noted: Page 10 - Case #07-520 after the motion needed a vote. Page 15 - Case #07-711 - Compliance date should be 12/16/07, not 11/16/07. Page 22 - Case #07-2652 - Fine amount should be $75, not $65. Motion Mr. Foot moved approval of the minutes with the changes noted. First Vice Chair Yerzy seconded the motion that passed unanimously. Meeting Minutes Code Compliance Meeting Boynton Beach, FL November 19, 2007 IV. Swearing in of Witnesses and Introduction First Vice Chair Yerzy explained the hearing procedures and Attorney Alexander administered the oath to all who would be testifying. V. New Business A. Cases to be Heard Officer Webb called the roll and determined who was present. He also advised an attorney was present. Case #06-1441 Randolph II and Martha Williams 2810 SE 5th Circle Sr. Code Compliance Officer Vestiguerne Pierre presented the case and reviewed the violation which pertained to a permit violation for a room addition. The date and fine set by the board was April 14, 2007 or incur a $100 per day fine. Mr. Randolph Williams, 2810 SE 5th Circle, Boynton Beach, advised he had difficulties with the Homeowners Association and the Planning and Zoning Department. He explained the Planning and Zoning Department had reached an agreement with the homeowners association that allowed the addition. The problem arose when the hurricane blew down the screen enclosure and he tried to reinforce it. He didn't think he needed a permit. He explained he had the permit application and advised they would act on it now based on the new changes/allowances afforded to the homeowners association. Mr. Foot inquired how long he would need. Code Administrator Blasie suggested 60 days with the upcoming holidays. Motion Mr. Foot moved to table Case #06-1441 to January 16, 2008 First Vice Chair Yerzy seconded the motion that passed unanimously. Case #07-2238 Lancore Nursery 632 N. Federal Highway Code Officer Pierre presented the case and reviewed the violation which pertained to a lot mowing violation. The date and fine set by the board was September 29, 2007 or incur a $100 per day fine. Mr. Michael Weadock, 311 E. Ocean Avenue, Lantana, explained they received a Notice of Violation and had obtained an Affidavit of Compliance for the violation. There was a mix-up in the case, and the violation that had complied was for a different case. As to the existing case, he advised they had a construction site next to the Peninsula 2 Meeting Minutes Code Compliance Meeting Boynton Beach, FL November 19, 2007 and they have a staging agreement with Peninsula. The Respondent explained he did not know there was a second case but felt it was a matter of cleaning the site up. He explained if he received 30 days, they could comply, which was basically a mowing violation. Motion Mr. Foot moved that Case #07-2238 be tabled until the Code Compliance Board meeting to be held on December 19,2007. First Vice Chair Yerzy seconded the motion that passed unanimously. Case #07 -959 Renan & Iva Laurore 504 NW12th Avenue Chief Code and Rehabilitation Officer Pete Roy reviewed the case and the violation which pertained to trash and debris, and replacing or removing a fence. Presently, there was a Cease and Desist Order. Officer Roy explained there was an error in the calculations and pointed out there were not 21 violation days, there was only one, so the fine should be $250 plus $96 for inspection totaling $346.03. Mr. Laurore, 4588 SW 129th Avenue, Miraflor, was present. Officer Roy advised the Respondent had complied but each violation after June 21, 2007 would incur a fine. This violation occurred on the 10th of October. Mr. Blasie advised the correct fine amount should be $596.03 because the affidavit filing costs were left off. The trash was along the side of the store parking lot which was property owned by the Respondent. Mr. Laurore explained he expected all to be cleared and advised the fence was repaired. Mr. Blasie explained the property, typically, had trash on it, partly because of people dumping and because the property was located next to a convenience store which had pedestrian traffic. He suggested the property be policed each day. The Respondent advised he could clean up the property by the end of December. Mr. Foot asked, if the fine were paid, whether the filing fee would be recorded. He thought the board could handle the matter more as a warning as opposed to a penalty and that they could opt out of the filing fees if the Respondent paid the fines at the meeting. Attorney Alexander explained the filing fees would be to record the fees that would be incurred if the fines were certified. Mr. Foot explained the Cease and Desist Order would remain and if another violation occurred, they could impose a stronger penalty. Motion Based on testimony and evidence presented in Case # 07-959, Mr. Foot moved that this Board find that the Respondents, Renan and Iva Laurore were in violation of the City of Boynton Beach Code Sections as cited, subsequent to the date of compliance specified 3 Meeting Minutes Code Compliance Meeting Boynton Beach, FL November 19, 2007 in this board's Order of June 20, 2007, and in consideration of the gravity of the violations, the actions taken by the Respondents to remedy the violations, and previous violations of the Respondents, that this board impose and certify a fine in the amount of $346.03 including administrative costs. Ms. Cook seconded the motion that unanimously passed. Case #07 -1992 Ralph & Rosie, Inc. 2007 S. Federal Hwy. Karen Roselli, Attorney with Baird and Roselli was present to represent staff in the Ralph and Rosie fine certification case. She explained Officer John Herring would present the case, which pertained to placing numbers on the building and unpermitted signs. At the conclusion of the presentation, she requested the entire file be marked into evidence and noted as the City's Exhibit A in the event there was an appeal. John Herring, Code Compliance Officer, reviewed the violation details which were to install six-inch address numbers on the building and remove all unpermitted signs (Le. banners). He advised the address numbers were installed but the unpermitted signs still remained. The Code Compliance Board hearing date was October 17, 2007 with Attorney Robin Bresky appearing. The compliance date was October 27, 2007, with a Cease and Desist Order or $250 per occurrence fine set. The number of occurrences were 22 with 22 inspections. Affidavit filing costs were assessed and the total cost was $8,012.66. Officer Herring had photos for the board and advised he reviewed the violation every day and inspected the premises 22 times, with the exception of the weekends. He advised the pedestal sign with the cabinet on top could not be taken down and put back up over the weekend, rather they were permanent signs requiring a permit and passing a final inspection. Some of the signs were banner signs and sandwich signs. The banner sign was on the cabinet. The sandwich board still remained It was reported that board was removed some of the time, but not all. There were new banners out under the chickee hut on one of the main rafters and the bar. First Vice Chair Yerzy noted the case originally only talked about the fabric sign up front and the sandwich boards. Officer Herring explained those were all unpermitted signs. Those were just the examples given to get the Respondent to talk with him. Mr. Foot inquired that at the meeting when the Cease and Desist Order was imposed, there was already an Order. Attorney Alexander explained the board has jurisdiction to consider the certification. The first Order pertaining to the chickeeltiki hut was a different issue. This was a totally different case and subject matter; hence the board could proceed with the certification of this fine. Motion Based on testimony and evidence presented in Case # 07-1992, Ms. Cook moved that this Board find that the Respondent, Ralph and Rosie, Inc. have not complied with the board's Order dated October 17, 2007 and considering the gravity of the violations, the 4 Meeting Minutes Code Compliance Meeting Boynton Beach, FL November 19, 2007 actions taken by the Respondents, that this Board impose and certify a fine in the amount of $8,012.66, as a total amount of fine, uRtil the Respondent comes into compliance or until a judgment is entered b:Jsed on the certification of fine. Mr. Foot suggested including administrative costs. Vote Ms. Cook amended her motion to specify it included administrative costs. First Vice Chair Yerzy seconded the motion that unanimously passed. Motion First Vice Chair Yerzy moved to receive the file into evidence. Ms. Cook seconded the motion that passed unanimously. Case #06-1578 Robert J. and Betty A. Moran 408 NE 20th Avenue Code Compliance Administrator, Scott Blasie, reviewed the case which originated in June of 2006 for violations pertaining to an abandoned boat and sod required for a portion of the front yard. Service was provided via certified mail. Compliance was obtained earlier than September 21, 2007, but staff could not verify the date. The Respondents were able to provide proof they complied sooner. The total fine was $18,800. Mr. Blasie had one photograph taken dated September 20, 2006, documenting compliance and two photographs taken earlier in the day. Carol Moran, 408 NE 20th Avenue and Roger Allen, the Respondent's nephew were present. Ms. Moran had a copy of the cancelled check to AAA Sod for driveway sod, dated October 13, 2006 and the boat that was out of compliance had been removed prior to the last hearing. Ms. Moran was Betty Ann's daughter-in-law and Ms. Moran indicated she was authorized to speak on her behalf. The cancelled check provided verification of compliance and reduced the days of non- compliance from 376 days to 43 days and adjusted the fine amount from $18,800 to $2,150. Mr. Rogers explained his aunt was elderly and they had instituted checks and balances to ensure the property stayed in compliance. A short discussion on fees followed. Motion Based on the testimony and evidence presented in Case #06-1578, and having been advised the Respondents have complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Ms. Cook moved that this Board reduce the fines instituted in Case #06-1578 by virtue of this Board's Order of August 16, 2006 to an amount of zero. 5 Meeting Minutes Code Compliance Meeting Boynton Beach, FL November 19, 2007 Chair Costantino passed the gavel to First Vice Chair Yerzy and seconded the motion. Mr. Foot believed the board was not recognizing its responsibility to the neighborhood and community. He suggested the board consider the amount of $634.15. Vote There was a vote on the motion which failed by a vote of 2 to 2 (Mr. Foot and First Vice Chair Yerzy dissenting.) Motion Based on the testimony and evidence presented in Case #06-1578, and having been advised the Respondents have complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board reduce the fines instituted in Case #06-1578 by virtue of this Board's Order of August 16, 2006 to an amount of $634.12 including administrative costs. First Vice Chair Yerzy seconded the motion that failed by vote of 2 to 2 (Chair Costantino and Ms. Cook dissenting.) It was clarified the board was reducing the fine from $2,150 based on the reduced number of days. Motion Based on the testimony and evidence presented in Case #06-1578, and having been advised the Respondents have complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board reduce the fines instituted in Case #06-1578 by virtue of this Boards Order of August 16, 2006 to an amount of $300 including administrative costs. First Vice Chair Yerzy seconded the motion that passed unanimously. Attorney Alexander noted there were individuals present who were not under oath. Accordingly, she administered the oath to all who would be testifying. Case #07-2795 Location: Violation(s): 445 Boynton Holdings LLC 445 E. Palmetto Park Rd. CH 15-ART.IX-15-120(D).lnc. FBC '04 ED 104.1.1 PT3-LDR.CH20-VIII.Sec1.G. Repair or replace broken windows, repair or replace roof & obtain permits. Officer Herring noted there were two cases pending for the Respondent which would be heard separately. 6 Meeting Minutes Code Compliance Meeting Boynton Beach, FL November 19, 2007 Case #07-2795 pertained to broken windows and roof violations. Service was obtained by certified mail on October 12, 2007. Ten days had been given to comply. He reported the Respondent was present and he had a photo to show the board. Mr. Donald Thomas, 445 E. Palmetto Park Road, Boca Raton, was present and advised he was the manager and co-owner of the property which he owned with his brother. He pled no contest and requested 60 days to secure the building and retain a contractor. Officer Herring distributed the photo for the board's review. Mr. Thomas advised there had not been a tenant in the building for several years and the property was part of an assemblage package that fell through. He was currently in negotiations with the City regarding the property which fronted on Federal Highway. Officer Herring commented homeless individuals inhabited the property and there was mold in the building. The board discussed what amount of time to allow. The Respondent thought five days to board up the windows and 90 days for the rest of the repairs would be appropriate. He indicated it would be more cost effective to demolish the building. Motion Based on testimony and evidence presented in Case # 07-2795, Ms. Cook moved that this Board find that 445 Boynton Holdings LLC was in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before November 23, 2007. The board has considered the gravity of the violations, the actions take by the Respondent, and any previous violations by the Respondent and hereby ordered that if the Respondent did not comply with this Order, a fine in the amount of $150 per day for each day the violations continued past November 23, 2007 plus administrative costs would be imposed. The Respondent was further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion contingent with the amendment to include the Respondent was to correct the violation by securing the building as to the windows and doors. Ms. Cook agreed to the amendment. Mr. Foot seconded the motion which was passed unanimously. Officer Herring agreed to meet Mr. Thomas at the property to ensure compliance. The board addressed the remaining violations, which were the roof and obtaining permits. Motion Ms. Cook moved that Boynton Holdings, LLC, Case #07-2795 be tabled to January 16, 2008 for the remaining violations regarding repair or replacing the roof and permits. First Vice Chair Yerzy seconded the motion that passed 3-1 (Mr. Foot dissenting.) 7 Meeting Minutes Code Compliance Meeting Boynton Beach, FL November 19,2007 Case # 07-1964 445 Boynton Holdings LLC 445 N. Federal Highway Officer Herring presented the case which was a mow, weed and trimming violation. The compliance date and fine set by the board was September 29, 2007 or incur a fine of $150 per day. The Respondent was not present at that hearing. The violation still existed, having 50 days of non-compliance. Mr. Foot believed some of the violations were included with the other case. Officer Herring clarified these violations were not and that at the last meeting, he announced the case was only for mowing, weeding and trimming. Mr. Don Thomas was present and explained he paid someone who indicated to him, they took care of the matter, but they did not. He asked the board for three days and he would get someone else there tomorrow. He pointed out there was very little unpaved property at the site and very little grass. Officer Herring had photos he distributed to the board. Motion Mr. Foot moved to table Case #07-1964 to December 19, 2007. Ms. Cook seconded the motion that unanimously passed. Case #07-1876 Zambelia Allen 206 SW 3rd Street Officer Willie Webb reviewed the case and indicated the violation pertained to trash and debris, unlicensed and inoperable vehicles, lowering a tall pine tree and the requirement for a Business Tax Receipt is required. He reported the Respondent was present. The compliance date was September 29,2007 or be fined $150 per day. Basilia Gazetas 206 SW 3rd Street, was present on behalf of the Respondent and advised she was authorized to speak on her behalf. She announced she had applied for the business license at least two months ago, before the September 19th hearing. She reported all the trash and unlicensed and inoperable vehicles were removed from the property. The only outstanding issue was of a financial nature and the pine tree. The Respondent purchased the property 10 years ago with the pine tree existing. The neighbor next door removed trees and she was unaware of the Code requirements concerning trees. The tree was an Australian Pine. The Respondents were working on the roof, which was covered with tarps, and she had three estimates for the roof. Ms. Gazetas advised she lived on the property with her mother and explained both she and her mother were plagued with ill health and had about nine hospital stays between them. She had applied for a license prior to applying for this permit. Family members had resided there for almost three years. Officer Webb was unaware there were family members at the premises. He had photos and advised, if that was the case, she could fill out an affidavit to that effect with the Building Department. She reported they have not collected rents and that she paid the mortgage. They were reverse mortgaging the 8 Meeting Minutes Code Compliance Meeting Boynton Beach, FL November 19, 2007 property and could use that money to make the repairs. Only she, her mother and two children were in the house now. Officer Webb reiterated she could sign an affidavit at the Building Department that the house was not being rented. The cars, trash and debris were removed and only the affidavit of not renting and the tree height needing to be lowered remained. The Respondent preferred to do the roof first, but the board explained the roof was not being cited. The board discussed tabling the matter for 90 days. Ms. Gazetas had to repair the roof to qualify for the reverse mortgage which would give her the money to address the tree. Discussion on whether her mortgage payments constituted rent ensued. Attorney Alexander would investigate the matter further. Motion Mr. Foot moved to table Case #07-1876 for 60 days (January 16, 2008) to allow for clarification of rental income as well as removal of the tree. Ms. Cook seconded the motion that passed unanimously. (George Moyer arrived at 8:25 p.rn.) Case #: 07-2084 Location: Violation(s): Eckols 76 L TD & Eckols 86 L TD 1102 N. Federal Highway CH 15-Art.IX-15-120(D).lnc. LDR CH 20 Art 1 Sec C8F13 PT3-LDR. CH23-Art.ll. 0 Repair or replace broken windows, restripe parking lot, install six-inch address numbers on building per code. Officer Herring presented the case and reviewed the violation details which pertained to replacing or repairing windows, restriping the parking lot and adding six-inch address numbers. The initial notice was sent October 19, 2007 giving 30 days to comply. Service was obtained by posting the property on November 7, 2007. The Respondent restriped the parking lot and installed the building numbers. The only remaining violation was the broken window. Norm Olsen, 2400 NW Boca Raton Boulevard, Boca Raton pled no contest. He reported the windows needing to be replaced were large plate glass windows broken by the neighbor's awning coming apart during a storm. The windows were boarded up immediately. The property was part of an assemblage north of Martin Luther King Boulevard and east of Federal Highway. If that assemblage went through the process, they may be bulldozed, and would hate to replace the windows only to have it be 9 Meeting Minutes Code Compliance Meeting Boynton Beach, FL November 19, 2007 bulldozed. He advised they did not want to create ill will. Officer Herring believed the building to be empty. They had other buildings they were repairing from the storm. Scott Blasie, Code Compliance Administrator, advised neither the Building Code nor the Code of Ordinances recognized boarded up windows as an acceptable means of compliance. The property was purchased years ago and the building needed to be maintained in a safe and secure manner. The Appearance Code did not accept boards over windows. He advised he could not remember the last time the dwelling was inhabited. The case was heard before the board several years ago and forwarded to the City Commission to foreclose the property; however a settlement was reached. The board reviewed photos. Motion Based on testimony and evidence presented in Case # 07-2084, Ms. Cook moved that this board find that Eckols 76 L TD & Eckols 86 L TD are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violation on or before January 18, 2008 to correct the violation. The board has considered the gravity of the violations, the actions take 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 violations continues past January 18, 2008 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach, Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion which was passed unanimously. (Ms. Cook left the dais at 8:34 p.rn.) Case #07-2701 Location: Violation(s): Vinnette Williams 340 SW 10th Avenue CH 15-ART.IX-15-120(D).lnc. CH15-ART.IX-15-120(E).lnc. 10-2 B.B.C. of Ord. 424.2.17.1,1 thru 10 Removed trash and debris from rear yard, mow and trim overgrowth, replace broken windows, install self-latching age gate to prevent entry to pool, clean dank water in pool. Officer Webb presented the case and reviewed the violations. The City was recommending 10 days be given to comply, by November 29,2007. 10 Meeting Minutes Code Compliance Meeting Boynton Beach, FL November 19,2007 Motion Based on testimony and evidence presented in Case # 07- 2701, First Vice Chair Yerzy moved that this board find that Vinnette Williams 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 November 29, 2007. The board has considered the gravity of the violations, the actions take 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 violations continues past November 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. Foot seconded the motion which was passed unanimously. Case #07-1822 Location: Violation(s): Karen Reece 19 Knightsbridge Lane BBA FBC '04 105.1.1 BBA FBC '05 105.4 Secure proper building & electrical permits for new fence and hot tub installation on the property. Work commenced before permits were issued and four times fee is required. Red tagged dated 5/24/07. Senior Code Officer Lewis presented the details of the case and advised only the permit for the hot tub remained outstanding. Officer Lewis advised the Respondent requested 60 days to comply, by January 18, 2007. Motion Based on testimony and evidence presented in Case # 07- 1822, First Vice Chair Yerzy moved that this board find that Karen Reece is in violation of City of Boynton Beach Code Section(s) as cited, and moved to order that the Respondent correct the violation on or before January 18, 2008. The board has considered the gravity of the violations, the actions take 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(s) continues past January 18, 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. Mr. Moyer seconded the motion which was passed unanimously. 11 Meeting Minutes Code Compliance Meeting Boynton Beach, FL November 19, 2007 Case #07-2823 Location: Violation(s): Luc C. Vildor 317 NE 10th Avenue CH 15-Art.IX-15-120(D).lnc. CH15-Art.IX-15-120(E)1 PT3-LDR.CH20-VIII.Sec1.G. PT3-LDR. CH20-VIII.Sec2.A. Replace broken windows, and repair holes in wall, fence and remove trash and debris. Replace cover on panel box, secure unit at windows and doors. Senior Code Officer Melillo presented the case and reviewed the details of the violation. He commented the case was a referral from the Police Department. The City was recommending 10 days be given for compliance, by November 29, 2007. Motion Based on testimony and evidence presented in Case # 07- 2823, First Vice Chair Yerzy moved that this board find that Luc C. Vildor is in violation of City of Boynton Beach Code Section(s) as cited, and moved to order that the Respondent correct the violation on or before November 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 violations continues past November 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 which passed unanimously. Case #07 -2825 Location: Violation(s): Juliet A. Hutchinson 2910 Ocean Parkway CH15-Art.IX-15-120(D).lnc. CHP13, Art.1. Sec 13-16 Business Tax Receipt required, mow and trim yard. Officer Pierre presented the case and reviewed the violation details. The City was recommending 30 days be given to comply by December 19,2007. Motion Based on testimony and evidence presented in Case # 07- 2825, First Vice Chair Yerzy moved that this board find that Juliet A. Hutchinson is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the 12 Meeting Minutes Code Compliance Meeting Boynton Beach, FL November 19, 2007 violation on or before December 19, 2007. The board has considered the gravity of the violations, the actions taken by the Respondent and any previous violation(s) 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 violations continue past December 19, 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 which passed unanimously. Case #07 -2778 Location: Violation(s): Richard Parsons 435 W. Boynton Beach Boulevard CH15-Art.IX-15-120(D).lnc. CH15-Art.IX-15-120(E)2 Trim overgrowth, repair parking lot and repair fence in rear of property. Chief Code and Rehabilitation Officer, Pete Roy presented the case and reviewed the details of the violation. The City was recommending 15 days be given to comply by December 4,2007. Mr. Moyer inquired whether there were any hazards involved. There was no hazards; the property was a fish market. Motion Based on testimony and evidence presented in Case # 07- 2778, First Vice Chair Yerzy moved that this board find that Richard Parsons 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 December 4, 2007. The board has considered the gravity of the violations, the actions take 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 violations continue past December 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. Mr. Moyer seconded the motion which passed unanimously. Case #07-2844 Location: Violation(s): u.s. Bank National Association Trust 519 NW 10th Avenue CH15-Art.IX-15-120(D).1 Mow and maintain property per Code. Officer Roy presented the case and reviewed the violation details. The City was recommending 10 days be given to comply, by November 29, 2007. 13 Meeting Minutes Code Compliance Meeting Boynton Beach, FL November 19, 2007 Motion Based on testimony and evidence presented in Case # 07- 2844, First Vice Chair Yerzy moved that this board find that U.S. Bank National Association 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 29, 2007. The board has considered the gravity of the violation(s), the actions take 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 November 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 which passed unanimously. Case #07 -2+~01 Location: Violation(s): Vinnette Williams 340 SW 10th Avenue BBA FBC '04 Permit expired. Please obtain new permit. Officer Webb presented the case and reviewed the violations. The City was recommending 10 days be given to comply by November 29,2007. Motion Based on testimony and evidence presented in Case # 07 - 2:;Z~01, First Vice Chair Yerzy moved that this board find that Vinnette Williams 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 29, 2007. The board has considered the gravity of the violation(s), the actions take by the Respondent and any previous violation(s) 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 violations continue past November 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. Foot advised the Respondent was a repeat violator and suggested a higher fine. First Vice Chair Yerzy agreed and amended his motion to $250 per day. Mr. Moyer seconded the motion which passed unanimously. Code Officer Webb recommended the following cases be certified in the amount of $50: 14 Meeting Minutes Code Compliance Meeting Boynton Beach, FL November 19, 2007 Case #07-1063 Lue Gennie bye Rivers 515 NW 11th Avenue Motion Based on the testimony and evidence presented in Case #07-1063, Mr. Foot moved that this board find that the Respondent has 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. First Vice Chair Yerzy seconded the motion that passed unanimously. Case #07 -2022 Ethel & W.R. McCormick 2116 NE 3rd Street Motion Based on the testimony and evidence presented in Case #07-2022, Mr. Foot moved that this board find that the Respondent has not complied with this board's Order dated September 19, 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. First Vice Chair Yerzy seconded the motion that passed unanimously. Case #07-2487 Stacey Saulter 80 S. Atlantic Drive Motion Based on the testimony and evidence presented in Case #07-2487, Mr. Foot moved that this Board find that the Respondent has not complied with this board's Order dated September 19, 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 Respondent comes into compliance or until a judgment is entered based upon this certification of fine. First Vice Chair Yerzy seconded the motion that passed unanimously. (Ms. Cook returned to the dais at 8:36 p.rn.) Officer Webb recommended the following cases be certified in the amount of $100: 15 Meeting Minutes Code Compliance Meeting Boynton Beach, FL November 19, 2007 Motion Based on testimony and evidence presented in Case # 07- 2844, First Vice Chair Yerzy moved that this board find that U.S. Bank National Association 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 29, 2007. The board has considered the gravity of the violation(s), the actions take 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 November 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 which passed unanimously. Case #07 -2701 Location: Violation(s): Vinnette Williams 340 SW 10th Avenue BBA FBC '04 Permit expired. Please obtain new permit. Officer Webb presented the case and reviewed the violations. The City was recommending 10 days be given to comply by November 29,2007. Motion Based on testimony and evidence presented in Case # 07- 2701, First Vice Chair Yerzy moved that this board find that Vinnette Williams 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 29, 2007. The board has considered the gravity of the violation(s), the actions take by the Respondent and any previous violation(s) 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 violations continue past November 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. Foot advised the Respondent was a repeat violator and suggested a higher fine. First Vice Chair Yerzy agreed and amended his motion to $250 per day. Mr. Moyer seconded the motion which passed unanimously. Code Officer Webb recommended the following cases be certified in the amount of $50: 14 Meeting Minutes Code Compliance Meeting Boynton Beach, FL November 19, 2007 Case #07 -1063 Gennie Lue Rivers 515 NW 11th Avenue Motion Based on the testimony and evidence presented in Case #07-1063, Mr. Foot moved that this board find that the Respondent has 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. First Vice Chair Yerzy seconded the motion that passed unanimously. Case #07-2022 Ethel & W.R. McCormick 2116 NE 3rd Street Motion Based on the testimony and evidence presented in Case #07-2022, Mr. Foot moved that this board find that the Respondent has not complied with this board's Order dated September 19, 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. First Vice Chair Yerzy seconded the motion that passed unanimously. Case #07-2487 Stacey Saulter 80 S. Atlantic Drive Motion Based on the testimony and evidence presented in Case #07-2487, Mr. Foot moved that this Board find that the Respondent has not complied with this board's Order dated September 19, 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 Respondent comes into compliance or until a judgment is entered based upon this certification of fine. First Vice Chair Yerzy seconded the motion that passed unanimously. (Ms. Cook returned to the dais at 8:36 p.m.) Officer Webb recommended the following cases be certified in the amount of $100: 15 Meeting Minutes Code Compliance Meeting Boynton Beach, FL November 19, 2007 Case #07-2482 Betty & Lloyd Smith 1970 NW 1 st Street Motion Based on the testimony and evidence presented in Case #07-2482, First Vice Chair Yerzy moved that this Board find that the Respondents have not complied with this board's Order dated September 19, 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 $100 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. Foot seconded the motion that passed unanimously. Officer Webb recommended the following cases be certified in the amount of $200: Case #07-2094 Florida 4 C Prop. 2508 N. Federal Hwy. Motion Based on the testimony and evidence presented in Case #07-2094, First Vice Chair First Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this board's Order dated September 19, 2007, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $200 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Moyer seconded the motion that passed unanimously. Case #07-2361 Christopher Cousineau 2407 NE 4th Street Motion Based on the testimony and evidence presented in Case #07-2361, First Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this board's Order dated September 19, 2007, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $200 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Moyer seconded the motion that passed unanimously. Officer Webb recommended the following cases be certified in the amount of $500: 16 Meeting Minutes Code Compliance Meeting Boynton Beach, FL November 19, 2007 Case #05-872 Sandalwood HOA Assoc. 100 Buttonwood La. Motion Based on the testimony and evidence presented in Case #05-872, Ms. Cook moved that this Board find that the Respondent has not complied with this board's Order dated September 19, 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 $500 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 Webb recommended the following cases be certified in the amount of "No Fine": Case #07-2188 Beatrice C. & Jay H. Gassman 2636 SW 23rd Cranbrook Ct. Motion Based on testimony and evidence presented in Case #07-2188, First Vice Chair Yerzy moved that this Board find that the Respondents, Beatrice C. & Jay H. Gassman, 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 an amount of zero per day including administrative costs for the total of 33 days of non-compliance. Ms. Cook seconded the motion that unanimously passed. Case #07-198 Patti A. Jesse and Anthony Rollison 413 NW 7th Street Motion Based on testimony and evidence presented in Case #07-198, First Vice Chair Yerzy moved that this Board find that the Respondents, Patti A. Jesse and Anthony Rollison, were in violation of the City of Boynton Beach Code Sections as cited subsequent to the date of compliance specified in the board's Order of June 20,2007, and in consideration of the gravity of the violations and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents that this Board impose and certify an amount of zero per day including administrative costs for the total of 3 days of non-compliance. Ms. Cook seconded the motion that unanimously passed. 17 Meeting Minutes Code Compliance Meeting Boynton Beach, FL November 19,2007 Case #07 -1428 Alden D. Horwitz 1119 Lake Terrace #119 Motion Based on testimony and evidence presented in Case #07-1428, First Vice Chair Yerzy moved that this Board find that the Respondent, Alden D. Horwitz, 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 an amount of zero per day including administrative costs for the total of 25 days of non-compliance. Ms. Cook seconded the motion that unanimously passed. Case #07-1407 Boynton Beach Property Partners LLC 512 N. Federal Hwy. Motion Based on testimony and evidence presented in Case #07-1407, First Vice Chair Yerzy moved that this Board find that the Respondent, Boynton Beach Property Partners, 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 July 18, 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 an amount of zero per day including administrative costs for the total of 33 days of non-compliance. Ms. Cook seconded the motion that unanimously passed. Case #07-1098 Yves & Lidiana Faustin 320 SW 2nd Street Motion Based on testimony and evidence presented in Case #07-1098, First Vice Chair Yerzy moved that this Board find that the Respondent,s Yves & Lidiana Faustin, 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 Respondents to remedy the violations and the previous violations of the Respondents that this Board impose and certify an amount of zero per day including administrative costs for the total of 65 days of non-compliance. Ms. Cook seconded the motion that unanimously passed. 18 Meeting Minutes Code Compliance Meeting Boynton Beach, FL November 19, 2007 Case #07-2044 Michael H. & Angelo A. Agnello Tr. 206 SW 3rd Street Motion Based on testimony and evidence presented in Case #07-2044, First Vice Chair Yerzy moved that this Board find that the Respondents, Michael & Angelo Agnello, 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 Respondent that this Board impose and certify an amount of zero per day including administrative costs for the total of 35 days of non-compliance. Ms. Cook seconded the motion that unanimously passed. Case #07-2295 Denton & Dalisa Schoburgh 329 SW 10th Avenue Motion Based on testimony and evidence presented in Case #07-2295, First Vice Chair Yerzy moved that this Board find that the Respondent, Denton & Dalisa Schoburgh 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 September 19, 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 an amount of zero per day including administrative costs for the total of 35 days of non-compliance. Ms. Cook seconded the motion that unanimously passed. Code Officer Webb recommended the following cases be tabled to December 19,2007: Case #07-561 Yachtsman Properties LLC Andrew P. Cohen 1550 N. Federal Hwy Motion First Vice Chair Yerzy moved that Case #07-561 be tabled until the Code Compliance Board meeting to be held on December 19, 2007. Ms. Cook seconded the motion that unanimously passed. 19 Meeting Minutes Code Compliance Meeting Boynton Beach, FL November 19, 2007 Case #07-564 Yachtsman Properties LLC Andrew P. Cohen 1550 N. Federal Hwy Motion First Vice Chair Yerzy moved that Case #07-564 be tabled until the Code Compliance Board meeting to be held on December 19, 2007. Ms. Cook seconded the motion that unanimously passed. Case #07-1830 Yachtsman Properties LLC Andrew P. Cohen 1550 N. Federal Hwy Motion First Vice Chair Yerzy moved that Case #07-1830 be tabled until the Code Compliance Board meeting to be held on December 19, 2007. Ms. Cook seconded the motion that unanimously passed. Case #07-675 La Bella Properties LLC Dennis Eakin - Dennis Hines 3010 SW 14th PI10 Motion First Vice Chair Yerzy moved that Case #07-675 be tabled until the Code Compliance Board meeting to be held on December 19, 2007. Ms. Cook seconded the motion that unanimously passed. Case #07-2169 Mislain Dormil & Abija Emilcar 171 SE 27th Place Motion First Vice Chair Yerzy moved that Case #07-2169 be tabled until the Code Compliance Board meeting to be held on December 19, 2007. Ms. Cook seconded the motion that unanimously passed. Case #07-1742 Brian & Daisy Maria Hugon 7012 Chesapeake Circle Code Officer Webb announced Case #07-1742 would be reconsidered due to a typographical error in the backup materials. He advised the fine certification should have been $100, and not $25. Motion First Vice Chair Yerzy moved to rescind the certification of $25 for Case #07-1742. Mr. Foot seconded the motion that passed unanimously passed. 20 Meeting Minutes Code Compliance Meeting Boynton Beach, FL November 19, 2007 Motion Mr. Foot moved to reconsider the case. Mr. Moyer seconded the motion that unanimously passed. Motion Based on the testimony and evidence presented in Case #07-1742, Ms. Cook moved that this Board find that the Respondent 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 Respondents, 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 Respondents come into compliance or until a judgment is entered based upon this certification of fine. First Vice Chair Yerzy seconded the motion that unanimously passed. Case #01-2627 Edmundo & Laura C. Manterola 2215 NE 4th Ct. Code Compliance Administrator Blasie requested Case #01-2627 be tabled to the December 19,2007 meeting. Motion Ms. Cook moved that Case #01-2627 be tabled until the Code Compliance Board meeting to be held on December 19, 2007. First Vice Chair Yerzy seconded the motion that unanimously passed. Chair Costantino announced this meeting was Ms. Cook's last meeting. Ms. Cook had decided to resign. Chair Costantino expressed her appreciation and expressed it had been an honor working with her. The board members concurred. VII. Adjournment Motion First Vice Chair Yerzy moved to adjourn. The motion was duly seconded and the motion unanimously passed. The meeting adjourned at 8:47 p.m. (j~u1<L (1 jflJ J I J. Catherine Cherry '-../I\JL/VO Recording Secretary 112007 21