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Minutes 02-20-08 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON '!.'ENESDAY, WEDNESDAY. FEBRUARY 20, 2008, AT 7:00 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Richard Yerzy, First Vice Chair Kathleen Carroll Robert Foot Mark Karageorge George Moyer Scott Blasie, Code Compliance Administrator James Cherof, Board Attorney I. Call to Order Chair Costantino called the meeting to order at 7:00 p.m. II. Approval of Agenda Mike Melillo, Senior Code Officer, announced Case #05-2032 complied. He requested Case #06-2472 be tabled to 3/19/08. Motion Mr. Karageorge moved that Case #06-2472 be tabled until the Code Compliance board meeting to be held on March 19, 2008. Ms. Carroll seconded the motion that passed unanimously. Officer Melillo requested Case #07-441 be tabled to 3/19/08. Motion Mr. Yerzy moved Case #07-441 be tabled until the Code Compliance board meeting to be held on March 19, 2008. Ms. Carroll seconded the motion that passed unanimously. Officer Melillo reported Case #07-3357 complied. He requested Case #07-3099 be tabled to 8/20/08. Meeting Minutes Code Compliance Board Boynton Beach, Florida February 20, 2008 Motion First Vice Chair Yerzy moved that Case #07-3099 be tabled until the Code Compliance board meeting to be held on August 20, 2008. Ms. Carroll seconded the motion that passed unanimously. Officer Melillo reported the following cases complied: Case #07-3551, Case #07-3577 and Case #07-3393. Case #07-3337 was removed. He requested Case #07-3227 be tabled to 3/19/08. Motion Mr. Foot moved that Case #07-3227 be tabled until the Code Compliance Board meeting to be held on March 19, 2008. Mr. Karageorge seconded the motion that passed unanimously. Officer Melillo reported Case #08-116 complied; Case #07-3479 was removed. He requested Case #07-62 be tabled to 3/19/08. Motion Mr. Moyer moved that Case #07-62 be tabled until the Code Compliance Board meeting to be held on March 19, 2008. Ms. Carroll seconded the motion that passed unanimously. Officer Melillo reported the following cases were removed: Case # 06-678, Case #07- 520 and Case #07-1992. He requested Case #07-1993 be tabled to 3/19/08. Motion Ms. Carroll moved that Case # 07-1993 be tabled until the Code Compliance Board meeting to be held on March 19, 2008. Mr. Karageorge seconded the motion that passed unanimously. Officer Melillo reported Case #07-3449 complied with no fine. Motion Based on testimony and evidence presented in Case #3449, Ms. Carroll moved that this Board find that the Respondent, Southwest Jefferson Inc., 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 January 16, 2008, and in consideration of the gravity of the 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 20, 2008 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. Karageorge seconded the motion that unanimously passed. Officer Melillo reported Case #07-3450 complied with no fine. Motion Based on testimony and evidence presented in Case #3450, Ms. Carroll moved that this Board find that the Respondent, Moses King, 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 January 16, 2008, 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. Karageorge seconded the motion that unanimously passed. Motion Mr. Foot moved the agenda be approved as modified. Ms. Carroll seconded the motion that passed unanimously. III. Approval of December 19, 2007 and January 16, 2008 Minutes The following corrections were made to the December 19, 2007 minutes: 1. Page 9, Case #07-3156, South Florida Devco. In the motion paragraph, the second time the compliance date appears, it read 2007 and should be 2008. 2. Page 15, Case #01-2627, the correct spelling of the name of the person testifying was "Munoz." 3. Page 22, Case #07-2471, Socorro Mendoza. In the motion paragraph, all compliance dates should be 2/17/08. 4. Case #07-3014, Sharon Sullivan was omitted from the minutes. The motion was made by Mr. Yerzy for 1/18/08 for compliance or a fine of $50.00 per day plus administrative costs. 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 20, 2008 Motion Mr. Foot moved approval of the corrections for the December 19, 2007 corrections. First Vice Chair Yerzy seconded the motion that passed unanimously. The following amendments were made to the December 19, 2007 minutes: 5. Case #07-3014, Mr. Karageorge seconded the motion. 6. Case #07-1992, line 9, third paragraph should read "marquee" instead of "piece." The final line of that paragraph should say "apprised that a banner sign was a violation." Motion Mr. Karageorge moved, on the December 19, 2007 minutes, as amended, to be approved. Mr. Yerzy seconded the motion that passed unanimously. The following corrections were made to the January 16, 2007 minutes: 1. Page 1, Case #05-2032 should be tabled to 2/20/08 2. Page 2, Case #07-2329 should be Case #07-3299. 3. Page 8, Case #07-3508. In the second paragraph, the attorney's name should be Martincavage. The motion was seconded by Mr. Karageorge. 4. Page 21, Case #07-3484. Compliance date should be 1/31/08, not 1/26/08. 5. Page 23, Case #07-3302. In the motion paragraph, the second time the compliance date is mentioned should be 2/15/08, not 1/31/08. 6. Page 24, Case #07-3398. Fine should be $100, not $250. 7. Case #07-3415 does not appear in the minutes. Case #07-3415 Location: FBM Leasing Corp. 130 SE 14th Avenue PT3-LDR -CH20-VIII. SEC2 .A. All plumbing fixtures and water 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 20, 2008 and waste pipes must be properly installed and maintained in a sanitary condition, free from defect, leaks and obstruction. Repair all leaking plumbing pipes to prevent water damage to all units. Motion Based on the testimony and evidence presented in Case #07-3415, Mr. Yerzy moved that this Board find that FBM Leasing Corp. is in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondent correct the violations on or before January 26, 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 $250 per day for each day the violation continues past January 26, 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. Ms. Carroll seconded the motion that unanimously passed. Motion Mr. Yerzy moved that the corrections made to the January 16, 2008 hearing be accepted. Mr. Foot seconded the motion that passed unanimously. The following amendment was made to the January 16, 2008 minutes: 1. Case #07-3304, second paragraph, line 5 should read "they have to say it was not safe." Motion Mr. Karageorge moved that Case #07-3304, as amended, be approved. Mr. Yerzy seconded the motion that passed unanimously. IV. Swearing in of Witnesses and Introduction James Cherof, Board Attorney, set forth the hearing procedures and administered the oath to all who would be testifying. V. New Business 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 20, 2008 A. Cases to be Heard Officer Melillo called the roll and determined who was present. Case #07-3553 Location: Violation(s): Rubie L. Odom 1671 NW 1st Court CH 15-Art.IX-15-120(D) Inc. Remove all appliances, furniture and junk from under carport. Outside storage is not allowed. Courtney Cain, Code Officer, presented the case and reviewed the details of the violations. The initial inspection date was December 26, 2007. Respondent was given 14 days to comply. Service was obtained by certified mail. The Respondent was present. Rubie Odom, 1671 NW 1st Court, pled no contest. The Respondent did not want to discard the box in which the new refrigerator was contained in the event she had to return the refrigerator. The box remained in the yard, as did the old refrigerator. Officer Cain presented photographs to the Respondent and the board. The items pictured were two dressers used as chairs, plywood and ladders, which were improperly stored outside. She believed she could come into compliance in 30 days. Motion Based on the testimony and evidence presented in Case #07-3553, Mr. Yerzy moved that this Board find that Rubie Odom is in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondent correct the violations on or before March 21, 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 $50 per day for each day the violations continues past March 21, 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. Karageorge seconded the motion that unanimously passed. The Respondent noted she understood the board1s ruling. Case #07-3432 Location: Violation( s): Paula Melley 720 Mariners Way CH 15-Art.IX-15-120(C) 1 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 20, 2008 FBC '01 ED 104.1.1 Obtain permit and repair dock. Officer Melillo presented the case and reviewed the details of the violations. The initial inspection was 12-10-07. Service was obtained by hand delivery. The Respondent was given 30 days to comply. Robert Melley, 720 Mariners Way, pled no contest. Mr. Melley was the husband of the Respondent. He was attempting to obtain a permit. He received a denial from the Florida Department of Environmental Protection. The denial stipulated that his Homeowner's Association (HOA) provide egress to the property, and be a co-applicant. Permission from the HOA was rescinded with the election of a new board. There were 32 docks, 31 of which had been expanded. A lawsuit and mediation had been pending. He requested the matter be tabled for 60 days in order to comply. Egress to the dock had been blocked with boards. Code Compliance requested the dock be torn down. However, Mr. Melley could not obtain a demolition permit or commence any of the repairs until the proper documents were received from the State. Officer Melillo presented photographs to the board. Officer Melillo advised at the time he met with Mr. Melley on January 14, 2008, Mr. Melley had placed a chain and boards across the dock, in an attempt to prevent public access. Chair Costantino wanted to ensure the City was satisfied the dock was adequately blocked off. Officer Melillo noted the docks were within a gated community. Mr. Melley indicated he spoke to the building official who requested the center of the docks be removed to prevent access. Mr. Melley complied with the request. Discussion ensued as to the following: . Safety issues and the manner in which the dock could be made safer, including the use of caution tape. . The repairs that had been made. It was noted no repairs had been made as Mr. Melley's hands were tied until he received the proper documents from the State. He had applied for permits, had a lawsuit and mediation pending and did what he could to resolve the matter. . The burden should remain with Mr. Melley by not tabling the matter, but rather giving him a time period within which compliance was expected. 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 20, 2008 Motion Mr. Moyer moved to table. The board wished to hear Attorney's Cherof's comments relating to the documents presented by Mr. Melley. Attorney Cherof advised one of the documents was a denial of an application for a permit by the Florida Department of Environmental Protection. It indicated the reason for denial was the inability of the applicant to submit supporting documentation for the permit. Mr. Melley indicated the denial was not appealed because reapplication could be made at any time. The other document produced was a letter dated February 15, 2008 from an attorney indicating he represented Mr. Melley. It did not indicate a lawsuit was pending, but did threaten litigation. Mr. Melley advised he had already applied for the mediation, and it would take some time for the paperwork to be returned. The mediation pertained to the board's refusal to join with Mr. Melley in the permit. Mr. Melley agreed to take safety measures, including installing a bright orange fence. The board members requested this caveat, as well as a timeframe, be included in the motion. Motion Based on the testimony and evidence presented in Case #07-3432, Mr. Moyer moved that this Board find that Paula Melley is in violation of the City of Boynton Beach Code Sections cited and moved to order that the respondent correct the violations on or before May 20, 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 $100 per day for each day the violations continues past May 20, 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. Foot seconded the motion that passed 5-1 (Ms. Carroll dissenting). Chair Costantino recommended Mr. Melley remain in touch with Officer Melillo. Case #08-62 215 S. Seacrest LLC 2519 Wilkins Avenue Baltimore, MD 21223 215 S. Seacrest Boulevard CH15-Art.IX-15-120(D) 1 Inc. Weed and define driveway. Obtain Location: Violation( s): 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 20, 2008 permits for re-roof and interior renovations; repair outside door frame; replace broken sewer cap; trim all bushes and trees; remove all loose trash and debris. Willie Webb, Senior Code Officer, presented the case and reviewed the details of the violations. The initial inspection was completed 1/10/08. Service was obtained by certified mail upon the registered agent. Respondent was given 30 days to comply. The respondent was present. Richard Berg, 5754 NW 33rd Avenue, Boca Raton, Managing Partner of 215 S. Seacrest LLC, pled no contest. In order to come into compliance, weed killer had been sprayed and would probably take two or three weeks to be effective. No changes had been made to the non-blacktop driveway since the time of purchase. Nothing had ever been done to the roof. Black tar was placed on top of the parapet wall as the wall was cracked. The drywall was removed and would be reinstalled. He contended there was nothing wrong with the outside door frames. The brick molding had been removed as it had rotted. He could beautify the antique door. Officer Webb noted the sewer caps had been replaced and complied. Mr. Berg's attempts to clear the loose debris had been foiled by the acts of youngsters trashing the area after it had been cleared. He indicated he would add recycled blacktop or concrete to the driveway and felt he could come into compliance in 30 days. Motion Based on the testimony and evidence presented in Case #08-62, Mr. Karageorge moved that this Board find that 215 S. Sea crest LLC is in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondent correct the violations on or before March 21, 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 $50 per day for each day the violations continue past March 21, 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 that unanimously passed. Case #08-71 Location: Violation( s): Neptune and Monique Ambroise 621 S. Sea crest Boulevard PT3-LDR.CH20-VIII .Sec2. B. PT3-LDR.CH20-VIILSec2. G 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 20, 2008 PT3-LDR.CH2 .Sec. 5. D .1. Repair outside light fixture; repair wooden fence; remove storm shutters; remove all loose trash and debris; cease selling cars that belong to car dealer. This is not allowed in residential zoning district. Repeat violator. Officer Webb presented the case and reviewed the details of the violations. The notice of violation was issued January 10, 2008. Service was obtained by certified mail. Officer Webb believed the lighting had been repaired. The Respondent was given 10 days to comply. Neptune Ambroise, 621 S. Sea crest Boulevard, pled no contest. He believed there was no longer a problem. Officer Webb indicated he had visited the premises on February 19, 2008 and there were several vehicles on the property which belonged to J&D Auto in West Palm Beach. This initial complaint from last year was never brought before the Board as he had moved the vehicles. However, the neighbors contended the responded continued to store and sell the vehicles from the front yard. Officer Webb suggested implementing a cease and desist order. He noted the lighting had been repaired, believed the shutters had been removed, and would check on the fence. The central issue was the sale of the vehicles on Seacrest Boulevard. Mr. Ambroise contended he was no longer selling the cars. He presented a driver's license, auto auction access pass, and a business card for J&D Auto Brokers, which was his business. He used his yard as temporary storage before taking the cars to auction. Neither the sale nor the storage of automobiles was permitted in a residential district. Officer Webb noted the Respondent stored multiple cars at his premises most of the time. Motion Based on the testimony and evidence presented in Case #08-71, Mr. Yerzy moved that a Cease and Desist Order be issued giving Neptune and Monique Ambroise until February 21, 2008 to bring the violation(s) 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 Respondents, and any previous violations by the Respondents, and hereby orders that a fine in the amount of $500 per recurrence of the violation thereafter shall be imposed upon the Respondents. Mr. Karageorge seconded the motion that passed unanimously. 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 20, 2008 Attorney Cherof advised Mr. Ambroise was not permitted to engage in temporary storage of vehicles on the property, nor was he to sell vehicles from the property. To do so would constitute a continuing violation of the Board's order and a fine would be assessed with respect thereto. Chair Costantino added if the City discovered other vehicles on the property that did not personally belong to the Respondents, a fine of $500 would be imposed as of 12:01 a.m., February 21, 2008, for every occurrence thereafter. Officer Webb indicated he would re-inspect the premises for the other violations. It was noted another motion was needed with regard to the fence, shutters, debris and any other violations. Motion Based on the testimony and evidence presented in Case #08-71, Ms. Carroll moved that this Board find that Neptune and Monique Ambroise are in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondents correct the violations on or before March 21, 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 $50 per day for each day the violations continue past March 21, 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. Yerzy seconded the motion that unanimously passed. Chair Costantino noted the Respondents had 30 days to comply with respect to the remaining violations. Case #06-1441 Randolph II and Martha Williams 2810 SE 5th Circle Luney Guilliaume, Senior Code officer, presented the case and reviewed the violations which pertained to the requirement of a permit for a room addition in the rear of the premises. The Respondent appeared at the hearing on January 17, 2007. The compliance date and proposed fine set by the Board was April 17, 2007, or $100 per day. The violation still existed and the number of days of non-compliance was 308 days. Mr. Williams was present. Randolph Williams, 2810 SE 5th Circle, provided paperwork to the board. This matter had been going on for some time with Planning and Zoning and his HOA. Mr. Williams 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 20, 2008 was given 30 days to comply. The plans had been submitted and the application was under review by the City. Mr. Williams' architect and the building inspector were to work out the fire rating on the wall as a result of the proximity of the two properties. Mr. Williams had resubmitted plans, which were under review, and requested an additional 30 days within which to comply. The Respondent was reminded that $30,000 in fines had accumulated to date. Mr. Williams indicated he was attempting to work with the HOA and anticipated completing the house and coming into compliance. Motion Mr. Foot moved that Case #06-1441 be tabled until the Code Compliance Board meeting to be held on March 19, 2008. Mr. Yerzy seconded the motion that unanimously passed. Case #07-3505 One Boynton LLC- Bank of America Location: 114 N. Federal Highway CH9 Art.II, Sec.9-19(C) Fire inspection annual fees. Violation(s): Pete Roy, Chief Code and Rehabilitation Officer, presented the case and reviewed the details of the violation. Service was obtained by certified mail. The City recommended 30 days (to comply by March 21, 2008) at $250 per day. Motion Based on the testimony and evidence presented in Case #07-3505, Ms. Carroll moved that this Board find that One Boynton LLC-Bank of America is in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondent correct the violations on or before March 21, 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 $250 per day for each day the violations continues past March 21, 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. Yerzy seconded the motion that unanimously passed. Case #07-3583 Boynton Townhomes LLC 1200 Ponce DeLeon Blvd. 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 20, 2008 Location: Violation(s): Coral Gables, FL 33134 3511 S. Federal Highway BBA FBC '04 105.1.1 New permit is required for sign. See copy of red tag and contact Building Division. Officer Guillaume presented the case and reviewed the details of the violations. Service was obtained by certified mail. The City recommended 10 days (to comply by March 1, 2008). Motion Based on the testimony and evidence presented in Case #07-3583, Mr. Karageorge moved that this Board find that Boynton Townhomes LLC is in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondent correct the violations on or before March 1, 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 $50 per day for each day the violations continues past March 1, 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. Ms. Carroll seconded the motion that unanimously passed. It was noted the respondent had withdrawn at this time, and the item had been removed from the agenda. Case #07-3383 Location: Violation(s): Maritess Cadano and Mysel Perez 1819 Stonehaven Drive PT3-LDR. CH20-VIII .Sec2.A. PT3-LDR. CH20-VIII .Secl.G. Make applicable repairs to second floor area. Permit is required. John Herring, Code Officer, presented the case and reviewed the details of the violations. Service was obtained by certified mail. The owner was presented but had to leave. The City recommended 30 days (to comply by March 21, 2008). 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 20, 2008 Motion Based on the testimony and evidence presented in Case #07-3383, Ms. Carroll moved that this Board find that Maritess Cadano and Mysel Perez are in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondents correct the violations on or before March 21, 2008. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondent and hereby orders that if the Respondents do not comply with this order, a fine in the amount of $50 per day for each day the violations continue past March 21, 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. Yerzy seconded the motion that unanimously passed. Location: Violation(s): Ka Hock & Jeanne G. Go 801 NE 76th Street Boca Raton, FL 33487 3452 W. Boynton Beach Blvd. BBA FBC '01 ED 104.1.6 FBC '01 104.6.2 Permit #04-3818 expired for lack of progress. Obtain new permit before proceeding with work. If not obtained within 90 days, all work started must be removed from site. Case #06-259 Officer Melillo presented the case and reviewed the details of the violations. The City recommended 30 days (to comply by March 21, 2008). The Respondents were repeat violators. Motion Based on the testimony and evidence presented in Case #06-259, Ms. Carroll moved that this Board find that Ka Hock & Jeanne G. Go are in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondents correct the violations on or before March 21, 2008. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this order, a fine in the amount of $500 per day for each day the violations continues past March 21, 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 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 20, 2008 arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that passed 5-1 (Mr. Moyer dissenting). Case #08-114 Location: Violation(s): Boynton Townhomes LLC 3506 N. Federal Highway BBA FBC '04 105.1.1 BBA TO FBC '04 109.3 Permit was voided due to time limit. Submit new revised survey showing the existing fence was installed. Officer Guillaume presented the case and reviewed the details of the violations. Service was obtained by certified mail. The City recommended 10 days (to comply by March 1, 2008). The Respondent was a repeat violator. Motion Based on the testimony and evidence presented in Case #08-114, Ms. Carroll moved that this Board find that Boynton Townhomes LLC is in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondent correct the violations on or before March 1, 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 $100 per day for each day the violations continue past March 1, 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. Yerzy seconded the motion that unanimously passed. Case #07-3516 Location: Violation( s): Marie F. Lane 418 NW 13th Avenue PT3-LDR.CH20-VIILSec.l.G. CH 15-Art.IX-15-120(D). Inc. Remove all trash and debris and all tires; repair chain-link and stockade fence; secure all openings to prevent entry by the public. Officer Roy presented the case and reviewed the details of the violations. Service was obtained by posting of the notice. The City recommended 10 days (to comply by March 1, 2008. Officer Roy requested the board render an order in this case pursuant to Boynton Beach Code of Ordinances, Chapter 2, Article V-Section 2-79, recommending 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 20, 2008 the City Commission abate the nuisance by making all reasonable repairs to bring the property into compliance and charge the violator for the costs and repairs, along with the fines, incurred for this case. Attorney Cherof noted it would be necessary for the Code Board to recess and reconvene as the Nuisance Abatement Board. Motion Mr. Yerzy moved to recess. Ms. Carroll seconded the motion that passed unanimously. The meeting recessed at 8:03 p.m. Chair Costantino called the Nuisance Abatement Board to order. Case #07-3516 Location: Violation(s): Marie F. Lane 418 NW 13th Avenue PT3-LDR.CH20-VIILSec.l.G. CH15-Art.IX-15-120(D). Inc. Remove all trash and debris and all tires; repair chain-link and stockade fence; secure all openings to prevent entry by the public. Officer Roy presented the case and reviewed the details of the violations. Service was obtained by posting of the notice. The City recommended 10 days (to comply by March 1, 2008). Chair Costantino pointed out the charges were noted and inquired whether the matter should be forwarded to the City Commission for abatement. Attorney Cherof indicated there was a need for abatement of the violation and a motion was required to adopt the testimony of the Code Officer as to the matter of the abatement and to direct the City Commission to take action on it. Motion Mr. Foot moved to adopt the testimony received from the City's Inspector, to request the City Commission render abatement, and to ensure Officer Roy's file was included as part of the record in order that the Commission had all the backup material. Mr. Yerzy seconded the motion that passed unanimously. 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 20, 2008 Chair Costantino adjourned the Nuisance Abatement Board at 8:05 p.m., and the Code Compliance Board reconvened. There was discussion as to the manner in which to handle the 10-day compliance date and the amount of the fine. It was noted the matter would now be in the hands of the City Commission to abate the nuisance. Violation( s): Albertha and Semanes Vildor, Owner 501 NW 13th Avenue Joseph H. Ganuzza & Associates, Other Party One S.E. Third Avenue S. 2150 Miami, Florida 33131 PT3-LDR.CH20-VIILSecl.G. Secure all openings to prevent the public from entering. Case #08-25 Location: Officer Roy presented the case and reviewed the details of the violations. Service was obtained by posting and certified mail. The City recommended 10 days (to comply by March 1, 2008). Motion Based on the testimony and evidence presented in Case #08-25, Ms. Carroll moved that this Board find that Albertha and Semanes Vildor are in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondents correct the violations on or before March 1, 2008. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this order, a fine in the amount of $500 per day for each day the violations continue past March 1, 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. Yerzy seconded the motion that unanimously passed. Case #08-39 Location: Everard K. Addison 712 NW 1st Street Kelly Hernandez 801 S. University Drive S #5 Fort Lauderdale, FL 33324 CH 15-Art.IX-15-120(D). Inc. Mow and maintain property to comply Violation( s): 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 20, 2008 with City ordinance. Officer Roy presented the case and reviewed the details of the violations. Service was obtained by certified mail. The City recommended 10 days, March 1, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-25, Mr. Yerzy moved that this Board find that Everard K. Addison and Kelly Hernandez are in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondents correct the violations on or before March 1, 2008. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this order, a fine in the amount of $50 per day for each day the violations continue past March 1, 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. Ms. Carroll seconded the motion that unanimously passed. Case #07-3439 Location: Raul E. Estrada 1466 Miravisti Circle Weston, FL 33327 440 SW 4th Avenue PT3-LDR.CH2. SEC.5.D.1. PT3-LDR.CH2. SEC.4.J.1. Major auto repair is not a permitted use in a residential zoning district. Remove motor lift from public view and stop doing major auto repairs; trim Ficus hedge down to 8 feet. Officer Webb presented the case and reviewed the details of the violations. Service was obtained by posting. The City recommended 15 days (to comply by March 6, 2008). Officer Webb believed the bank would repossess the property, although that could take some time. This was not the first violation. However, Officer Webb believed the Respondent complied prior to appearing before the Board. He anticipated another case would also be appearing before the Board. 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 20, 2008 Motion Based on the testimony and evidence presented in Case #07-3439, Mr. Moyer moved that a Cease and Desist Order be issued giving Raul E. Estrada until March 6, 2008 to bring the violation(s) 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 recurrence of the violation thereafter shall be imposed upon the Respondent. Mr. Karageorge seconded the motion that passed unanimously. Case #07-3514 Richard A. Petti 1022 SW 25th Avenue 131 SE 3rd Avenue CHP.13, Art. 1 Sec 13-16 CH15-Art.IX-15-120(D).lB Repair wood fence and obtain business tax receipt to rent residence. Violation: Violation(s): Officer Webb presented the case and reviewed the details of the violations. Service was obtained be certified mail. The City recommended 10 days (to comply by March 1, 2008). Motion Based on the testimony and evidence presented in Case #07-3514, Mr. Karageorge moved that this Board find that Richard A. Petti is in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondent correct the violations on or before March 1, 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 $100 per day for each day the violations continue past March 1, 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. Ms. Carroll seconded the motion that unanimously passed. Case #07-3515 Rose A. Joaseus 10750 Versailles Boulevard Wellington, FL 33449 465 SW 3rd Avenue CH 15-Art.IX -15-120( D) 1 Inc. CHP. 13, Art. 1 SEC 13-16 Location: Violation( s): 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 20, 2008 Remove all trash and debris; trim Coconut trees; repair driveway (resurface and seal); obtain business tax receipt in order to rent residence. Officer Webb presented the case and reviewed the details of the violations. Service was obtained by posting. The City recommended 15 days (to comply by March 6, 2008) comply. Motion Based on the testimony and evidence presented in Case #07-3515, Mr. Yerzy moved that this Board find that Rose A. Joaseus is in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondent correct the violations on or before March 6, 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 $100 per day for each day the violations continue past March 6, 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. Ms. Carroll seconded the motion that unanimously passed. Case #07-3530 Location: Violation(s): Fay Michel 437 SW 3rd Avenue CH 15-Art.IX-15-120(D).lB Repair driveway. Officer Webb presented the case and reviewed the details of the violations. Service was obtained by certified mail. The City recommended 30 days (to comply by March 21, 2008). Motion Based on the testimony and evidence presented in Case #07-3530, Mr. Yerzy moved that this Board find that Fay Michel is in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondent correct the violations on or before March 21, 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 $50 per day for each day the violations continue past March 21, 2008 plus administrative costs shall be imposed. The Respondent is further ordered to contact 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 20, 2008 the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case #08-70 Location: Violations( s): Mark and Junya Schoen 102 SE 9th Avenue CH 15-Art.IX-15-120(D) 1 Inc. Property must be mowed, trimmed and free of all loose debris. Place 4 inch house numbers on building to be visible from City street. Officer Webb presented the case and reviewed the details of the case. Service was obtained by posting. The City recommended 10 days (to comply by March 1, 2008.) Motion Based on the testimony and evidence presented in Case #08-70, Mr. Moyer moved that this Board find that Mark and Junya Schoen are in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondents correct the violations on or before March 1, 2008. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondent do not comply with this order, a fine in the amount of $50 per day for each day the violations continue past March 1, 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. Ms. Carroll seconded the motion that unanimously passed. Case #08-77 Location: Ricardo F. Marchensini 916 S. Seacrest Boulevard CH 15-Art.IX-15-120(D) 1 Inc. Mow weeds; trim overgrowth; remove dead tree; repair driveway; remove all trash and debris. Officer Webb presented the case and reviewed the details of the violations. The City recommended 15 days (to comply by March 6, 2008). The tree had been removed and that was all that had been done. The Respondent had been a repeat violator. 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 20, 2008 Motion Based on the testimony and evidence presented in Case #08-77, Mr. Yerzy moved that this Board find that Ricardo F. Marchensini is in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondent correct the violations on or before March 6, 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 $100 per day for each day the violations continue past March 6, 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. Karageorge seconded the motion that unanimously passed. Case #08-79 Location: Violation(s): Ronald J. and Priscilla Sherman 1115 S. Sea crest Blvd. CH15-Art.IX-15-120(D) 1 Inc. Remove all outside storage of items not actively used from public view; remove all loose trash and debris. Officer Webb presented the case and reviewed the details of the violations. Service was obtained by certified mail. The City recommended 15 days (to comply by March 6, 2008). Motion Based on the testimony and evidence presented in Case #08-79, Ms. Carroll moved that this Board find that Ronald J. and Priscilla Sherman are in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondents correct the violations on or before March 6, 2008. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this order, a fine in the amount of $50 per day for each day the violations continue past March 6, 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. Yerzy seconded the motion that unanimously passed. Case #08-83 Location: Violation(s): Jerome Albanese 1504 S. Seacrest Boulevard CHP. 13, Art. 1 SEC 13-16 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 20, 2008 Violation( s): CHP. 13, Art. 1 SEC 13-16 LDR CH 20 Art. I SEC 8 F13 Place 6 inch house numbers on building to be visible from City street; renew business tax license for rental of property. Officer Webb presented the case and reviewed the details of the violations. Service was obtained by posting and certified mail. The City recommended 15 days (to comply by March 6, 2008). Motion Based on the testimony and evidence presented in Case #08-83, Mr. Yerzy moved that this Board find that Jerome Albanese is in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondent correct the violations on or before March 6, 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 $100 per day for each day the violations continue past March 6, 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. Ms. Carroll seconded the motion that unanimously passed. Officer Melillo recommended the following cases be certified at $50 per day: Case #07- 3073 and Case #07-3014. Case #07-3073 Valerie Lewis 2031 NW 1st Street Motion Based on the testimony and evidence presented in Case #07-3073, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated December 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 $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. Ms. Carroll seconded the motion that unanimously passed. Case #07-3014 Sharon Sullivan 301 Ocean Parkway 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 20, 2008 Motion Based on the testimony and evidence presented in Case #07-3014, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated December 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. Ms. Carroll seconded the motion that unanimously passed. Officer Melillo recommended the following cases be certified at $100 per day: Case # 07-3118; Case # 07-2822; Case #07-2967; and Case # 07-3121. Case #07-3118 Elie and Marie Macius 420 NW 7th Street Motion Based on the testimony and evidence presented in Case #07-3118, Mr. Moyer moved that this Board find that the Respondents have not complied with this Board's Order dated December 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. Ms. Carroll seconded the motion that unanimously passed. Case #07-2822 Sujery Castillo and Juan Vargas 440 NE 27th Avenue Motion Based on the testimony and evidence presented in Case #07-2822, Mr. Moyer moved that this Board find that the Respondents have not complied with this Board's Order dated December 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. Ms. Carroll seconded the motion that unanimously passed. Case #07-2967 Rony and Marie David 319 SW 9th Avenue 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 20, 2008 Motion Based on the testimony and evidence presented in Case #07-2967, Mr. Moyer moved that this Board find that the Respondents have not complied with this Board's Order dated December 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. Ms. Carroll seconded the motion that unanimously passed. Case #07-3121 Angela Mitchell and Richard Guerin 409 SE 20th Court Motion Based on the testimony and evidence presented in Case #07-3121, Mr. Moyer moved that this Board find that the Respondents have not complied with this Board's Order dated December 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. Ms. Carroll seconded the motion that unanimously passed. Officer Melillo recommended Case #07-2084 be certified at $150 per day. Case #07-2084 Ekols 76 Ltd. and 1102 N. Federal Highway Ekols 86 Ltd. Motion Based on the testimony and evidence presented in Case #07-2084, Mr. Foot moved that this Board find that the Respondents have not complied with this Board's Order dated November 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 $150 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Officer Melillo recommended Case #07-3356 be certified at $250 per day. Case #07-3356 Lynn D. Williams Estate 167 Orange Drive 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 20, 2008 Motion Based on the testimony and evidence presented in Case #07-3356, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's order dated January 16, 2008, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $250 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Yerzy seconded the motion that unanimously passed. Officer Melillo recommended "No Fine" for the following cases: Case #07-298; Case #07-2154; and Case #07-3209. Case #07-298 Therese M. Frederickson 1078 SW 16th Street Motion Based on testimony and evidence presented in Case #07-298, Ms. Carroll moved that this Board find that the respondent, Therese M. Frederickson, 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 Respondent that this Board impose and certify "No Fine." Mr. Yerzy seconded the motion that unanimously passed. Case #07-2154 April Purvis 145 SE 11th Avenue Motion Based on testimony and evidence presented in Case #07-2154, Ms. Carroll moved that this Board find that the Respondent, April Purvis, 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 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. Yerzy seconded the motion that unanimously passed. Case #07-3209 Donald L. Smith, Jr. 2622 NE 4th Court 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 20, 2008 Motion Based on testimony and evidence presented in Case #07-3209, Ms. Carroll moved that this Board find that the Respondent, Donald L. Smith, 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 December 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 Respondent that this Board impose and certify "No Fine." Mr. Yerzy seconded the motion that unanimously passed. Officer Melillo recommended the following case be tabled to March 19, 2008: Case #07- 675; Case #07-2825; Case #07-3156; and Case #07-1822. Case #07-675 La Bella Properties LLC 3010 SW 14th Place 10 Dennis Eakin-Dennis Hines Mr. Yerzy moved to table Case #07-675 until the Code Compliance Board meeting to be held March 19, 2008. Ms. Carroll seconded the motion that passed unanimously. Case #07-2825 Juliet A. Hutchinson 2910 Ocean Parkway Mr. Yerzy moved to table Case #07-2825 until the Code Compliance Board meeting to be held March 19, 2008. Ms. Carroll seconded the motion that passed unanimously. Case #07-3156 South Florida Devco 986 Cortina Boulevard Mr. Yerzy moved to table Case #07-3156 until the Code Compliance Board meeting to be held March 19, 2008. Ms. Carroll seconded the motion that passed unanimously. Case #07-1822 Karen Reece 19 Knightsbridge Lane Mr. Yerzy moved to table Case #07-1822 until the Code Compliance Board meeting to be held March 19, 2008. Ms. Carroll seconded the motion that passed unanimously. Officer Melillo recommended the following case be tabled to April 16, 2008: Case #07- 561; Case #07-564; and Case #07-1103. Case #07-561 Yachtsman Properties LLC 1550 N. Federal Highway Andrew P. Cohen Mr. Moyer moved to table Case #07-561 until the Code Compliance Board meeting to be held April 16. 2008. Ms. Carroll seconded the motion that passed unanimously. 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 20, 2008 Case #07-564 Yachtsman Properties LLC Andrew P. Cohen 1600 N. Federal Highway Mr. Moyer moved to table Case #07-564 until the Code Compliance Board meeting to be held April 16, 2008. Ms. Carroll seconded the motion that passed unanimously. Case #07-1103 Exotic Motorcars &. Jewelry, Inc. 103 Commerce Road Mr. Moyer moved to table Case #07-1103 until the Code Compliance Board meeting to be held April 16, 2008. Ms. Carroll seconded the motion that passed unanimously. Mr. Moyer expressed his thoughts in the matter of Ralph & Rosie, Inc. The item was on the agenda this date but not addressed. Mr. Moyer noted he was upset when the Board was presented with a 51 page booklet in December 2007 and asked to review it at home. He was further upset when, upon arriving home from vacation in January 2008, another packet was placed in his mailbox. He believed this was a violation of his privacy and felt that the attorney for Ralph & Rosie, Inc. was attempting to sway the opinions of the board members in favor of his client. Mr. Moyer indicated he would not object to being removed from the case in the future. Chair Costantino believed all the board members were surprised to have received mail at home. However, Board members, this had occurred, and she believed it should be accepted as part of one's duties. She felt the attorney had the right to provide the board with documents in advance. Attorney Cherof advised the Board's decision on a case of this nature was based upon the testimony coming before the Board in a public hearing. Attorneys were encouraged not to engage in ex-parte communications with the Board, as it was inappropriate. Attorney Cherof requested, when a case of this nature was brought before the Board, the members put feelings aside and render a decision based upon the testimony presented. Mr. Foot indicated he would not want the Board members to rely on his having reviewed material when he may not have. Chair Costantino discussed a case which was disposed of last year wherein she received telephone calls and emails at her home, which she felt compelled to accept. She concurred with Attorney Cherof, indicating the evidence presented by the City, resident or business owner was what the Board would take into consideration. 28 Meeting Minutes Code Compliance Board Boynton Beach, Florida February 20, 2008 Attorney Cherof pointed out, in this particular case, he had been the recipient of a letter from the attorney requesting the Board issue subpoenas to compel Code Officers to be present at the meeting. The Code Officers were always present and did not need to be under subpoena. The City generally cooperated with requests for the presence of a witness, but in this instance, there were other City employees the attorney wished to subpoena as well. Attorney Cherof brought this to the Board's attention as this could occur in any case. The board had the power to subpoena individuals and should not turn down a request for a subpoena. He suggested, until the Code was amended, it be made clear that if the Board was provided with a subpoena, the Chair or Vice Chair would sign the subpoena on behalf of the Board and have it processed. Attorney Cherof would be requesting the City Commission amend the Code so that the costs to serve a subpoena would be borne by the applicant, and that the subpoena be served within a reasonable time prior to the meeting, or the right to do so would be waived. Attorney Cherof noted he would circulate to Chair Costantino the six or seven subpoenas to be issued the next time this case appeared before the Board. Mr. Karageorge did not object to receiving mail at home. However, with telephone calls, he simply took the approach that he could not do anything until he heard the case. VII. Discussion Chair Costantino announced a lien reduction meeting would be held on Thursday, February 28, 2008. VIII. Adjournment Mr. Yerzy moved to adjourn. Ms. Carroll seconded the motion that passed unanimously. The meeting adjourned at 8:25 p.m. ~ {)/- Stephanie D. Kahn Recording Secretary 030608 29