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Minutes 04-16-08 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, APRIL 16, 2008 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Richard Yerzy, First Vice Chair Kathleen Carroll Robert Foot Canaan Himmelbaum Mark Karageorge George Moyer Scott Blasie, Code Compliance Administrator David Tolces, Assistant City Attorney I. Call to Order Chair Costantino called the meeting to order at 7:00 p.m. II. Approval of Agenda Willie Webb, Senior Code Officer, requested Case #07-3227 be tabled for 60 days to June 18, 2008. Motion Mr. Moyer moved to table Case #07-3227 until the Code Compliance Board meeting to be held on June 18, 2008. Ms. Carroll seconded the motion that passed unanimously. Officer Webb announced the following: Case #08-770, Case #08-776, Case #08-480, Case #07-3427, Case #07-3427, and Case #08-471 were removed; Case #08-825, Case #08-908, Case #08-400, Case #08-707, and Case #08-597 complied. Motion Ms. Carroll moved to accept. Mr. Yerzy seconded the motion that passed unanimously. III. Approval of February 20, 2008, February 28, 2008 and March 19, 2008 Minutes The following correction was made to the minutes of the Code Board Hearing of February 20, 2008: Meeting Minutes Code Compliance Board Boynton Beach, Florida April 16, 2008 On Page 27 - Case #07-561, the following narrative should have appeared: 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. The following correction was made to the minutes of Lien Reduction Hearing of February 28, 2008: On Page 2 - Case #07-178, add "Code Compliance Coordinator" after Diane Springer. The following correction was made to the minutes of the Code Board Hearing of March 18, 2008: On Page 1, Call to Order - Remove the following language: "and wished all a Happy New Year." Motion Mr. Foot moved for all three sets of minutes to be approved subject to the corrections. Mr. Yerzy seconded the motion that passed unanimously. IV. Swearing in of Witnesses and Introduction Attorney Tolces explained the hearing procedures and administered the oath to all who would be testifying. V. New Business A. Cases to Be heard Officer Webb called the roll and determined who was present. Chair Costentino requested Case #08-504 be heard first, as the respondents had a child with them, followed by Case #06-259 and Case #07-1901, as the attorneys were present. There was no objection from the board. Case #08-504 (Taken out of order) Location: Violations: Vitay J. Joseph and Marie Wright 426 NW 8th Avenue CH 15-ART.IX-15-120(D) Inc. CH15-ART.IX-15-120(E) Inc. Remove trash and debris. Remove all unregistered, inoperable vehicles. 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 16, 2008 repair and paint roof and fascia. Remove all outside storage. Mike Melillo, Senior Code Officer, presented the case and reviewed the details of the violations. Service was obtained by posting. Everything had complied, with the exception of the roof. Officer Melillo had spoken to the tenant on several occasions. Vitay J. Joseph, 426 NW 8th Avenue, pled not guilty. The damages were caused by hurricanes, and Citizens Insurance refused to repair the roof. Mr. Vitay had been in contact with the adjuster and was awaiting results. He indicated he could comply in 90 days. Office Melillo noted damages were to the fascia and edge of the roof, which did not represent safety issues. The inside of the house was dry. Chair Costantino requested Mr. Joseph let Code know as soon as possible when a determination was made the by adjuster. Motion Based on the testimony and evidence presented in Case #08-504, Mr. Moyer moved that this board find that Joseph J. Vitay and Marie Wright are in violation of City of Boynton Beach Code Section(s) as cited, and moved to order that the respondents correct the violations on or before July -!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 $100 per day for each day the violations continue past July 16, 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. Karageorge seconded the motion that passed unanimously. Case #06- 259 Ka Hock and Jeanne G. Co. 3452 W. Boynton Beach Blvd. Officer Melillo presented the case and reviewed the details of the violations. The Notice of Violation was sent on February 6, 2006. Permit #04-3818 expired for lack of progress. A new permit must be obtained within 90 days, or all work must be removed from the site. The Code Compliance Hearing date was February 20, 2008, and no one appeared. The compliance date and proposed fine set by the board was March 21, 2008, or $500 per day. The violation still existed, and there were 25 days of non- compliance. The respondent previously appeared before the board relating to a landscaping issue. 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 16, 2008 Attorney Tolces advised the City commenced litigation against Dr. Go for doing business without a business tax receipt, and he had outstanding Code violations. The City entered into a settlement agreement; however, the respondent had not complied with the terms thereof. Options were being considered with respect to enforcing the settlement agreement. The pending case was an outgrowth of a prior case David Andrew Geller, Esq., 135 Weston Road, Suite 205, Weston, FL 33326, appeared on behalf of Dr. Go. Ka Hock Go, 3452 W. Boynton Beach Blvd., provided his name and address for the record. Attorney Geller requested the lien penalty certification be tabled. He advised Dr. Go had relied on his previous architects and was not involved in daily operations. As such, the work had not received the attention it should have. In order to rectify the situation, Dr. Go hired a new architectural designer, who was working with the City to move the permitting process forward as quickly as possible. In addition, there was damage to Dr. Go's building resulting from a collision, which Attorney Geller contended exacerbated the situation. Attorney Geller noted the first architectural designer with whom Dr. Go had worked was Mr. Genner, followed by Steve Sanders, with whom Dr. Go currently had a contract. Attorney Geller noted the preliminary drawings were prepared by Mr. Sanders, and they would be meeting with Ed Breese, Principal Planner, on the morning of April 17, 2007. He added Mr. Sanders had been working with the engineers regarding bid proposals, and the insurance adjuster with regard to the accident. Subsequent to the preliminary meeting, Attorney Geller anticipated a three-week time period within which the drawings would be submitted. Were it not for the accident, the preliminary meeting would already have occurred. Police reports had been requested but had not yet been received. Board discussion ensued and it was noted, while the accident was unfortunate, it had nothing to do with the expiration of the permit. Scott Blasie, Code Compliance Administrator, confirmed tomorrow's meeting with Planning and Zoning, noting there were two issues at hand: (1) completion of the permitting process; and (2) a change of use sought by the respondents. Mr. Blasie indicated his notes from Planning and Zoning referred to the collision involving Dr. Go's building, wherein an exterior wall was destroyed. The notes also indicated the respondents wished to change the use of the building to a day-care and to add two stories to the medical facility on the south side. Concerns expressed by the board pertained to the time factor. It was believed the site plan modification would require a good deal more than three weeks, while the current violation continued and the fine accumulated. 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 16, 2008 Motion Based on the testimony and evidence presented in Case #06-259, Mr. Karageorge moved that this board find that the respondents have not complied with the board's order dated February 20, 2008, 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 certificate of fine. Mr. Moyer seconded the motion that passed unanimously. The following cases were taken out of order: Case #07-1901 Ocean Avenue Holding LLC Edward R. Copp 306 E. Ocean Avenue #104 Case #07-1902 Ocean Avenue Holding LLC Edward R. Copp 306 E. Ocean Avenue #112 Case #07-1903 Ocean Avenue Holding LLC Edward R. Copp 306 E. Ocean Avenue #204 Case #07-1904 Ocean Avenue Holding LLC Edward R. Copp 306 E. Ocean Avenue #205 Case #07-1905 Ocean Avenue Holding LLC Edward R. Copp 306 E. Ocean Avenue #210 Mr. Blasie explained the above cases were heard at the Lien Reduction Hearing of February 28, 2008. Katherine Copp, of South Lyon, Michigan, one-third owner of Ocean Avenue Holding LLC, had appeared on behalf of the firm. Residents of the condominium association had also attended. Staff was contacted by Mrs. Copp's attorney and asked if there was any potential for reconsideration. Mr. Blasie suggested the attorney draft correspondence to be reviewed by the City Attorney. A copy of the correspondence was included in the packet. It was Mr. Blasie's decision to bring this item back to the board in order that due process be extended. If the board opted to reconsider the issue with counsel present, the item would be scheduled for the next regular meeting in May. If not, and the respondents wished to appeal the decision to the City Commission, Mr. Blasie would facilitate the request. Several board members believed the matter should not be reconsidered, based on the board's deliberation, the treatment of Officer Webb, and the views of other residents of the condominium association. The board wished to hear from the attorney as to why he believed the board might have had a change of heart. 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 16, 2008 Guy M. Shir, Esq., 1800 NW Corporate Blvd., Suite 102, Boca Raton 33431, noted that he was unable to attend the previous Lien Reduction meeting. He understood the board's concerns relating to the son, Ryan Copp, but believed there was a compelling reason for reconsideration. Attorney Shir offered to present more egregious cases wherein reductions had been far greater than in the case at hand. He did not believe Mrs. Copp should be punished for the unacceptable behavior of her son. He believed he could persuade the board to reconsider. Highlights of the board's discussion included: . The fines had already been reduced by nearly two-thirds of the original amount. . The parents were not concerned with the manner in which the son operated the business, and the father, mother and son should be equally responsible for the violations. . The issue was subjective and could not be compared to other cases. . The basis upon which the board reduced other liens might not adequately be found in the minutes or the attorney's interpretation of the data, nor should the board be compelled to rely upon its recollections. Attorney Tolces pointed out the board's only task was to decide whether it wished to reconsider the case, based upon the attorney's presentataion. Motion Mr. Karageorge moved not to reconsider the case, and to let it stand as is. Mr. Moyer seconded the motion that passed unanimously. Attorney Tolces noted the board's decision applied to all five cases. Case #08-774 Location: Violations: ATM Trading Inc. - Kwik Stop 524 NE 22nd Avenue CH.2.5-12 and CH.2.5-13 Excessive false alarms. Mr. Blasie presented the case and reviewed the details of the violations. The respondents were cited on March 11, 2008, and service was effectuated by certified mail. The sum of $525 in fines was owed to the City. The respondents' representative was present and submitted a letter requesting a waiver of the fines. The letter, together with Mr. Blasie's response, was included in the packet. The City's Alarm Code allowed Mr. Blasie, as Chief of Police Designee, to permit a waiver or reduction of false alarm fees under certain criteria. One of the conditions required proof of alarm repair 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 16, 2008 within 30 days. Mr. Khan's letter to the Police Department indicated he was unaware there was a penalty for false alarms. Nevertheless, on two previous occasions, he was fined and made payments for excessive false alarms. Based on the timing of the response to the false alarms, previous alarm issues and the lack of justification in Mr. Khan's request, Mr. Blasie could not in good faith waive or reduce the fines. However, he reminded the board the issue at hand pertained to the false alarm fines due the City and not Mr. Blasie's ability to waive or reduce the fines. Mohammed Khan, 39 E. Tara Lakes Drive, advised he was not contesting the fines but was requesting a reduction of the penalty. He was reminded his request was not within the board's scope of authority. He contended he was unaware the false alarm fees jumped from $75 to $100 and to $150. He also contended he was unaware of Police presence at his store, as no notice was left. He visited City staff and was advised a work order was needed for a reduction of the fines. He contended he was not aware a work order was needed. Chair Costantino inquired whether, at the time of application, the applicant was provided with the Code and information pertaining to the fee structure of false alarm fines. Diane Springer, Code Compliance Coordinator, noted applicants, when applying for decals, were provided with a packet containing the Code and explanations pertaining to false alarms. However, in this instance, Mr. Khan may not have been in possession of the current Code as he had received the decal some time ago. At the time Mr. Khan came to the office questioning the fines, he was provided with a copy of the Code, was notified of the amount of the fines, and was made aware that a work order was necessary. Attorney Tolces added everyone was presumed to have knowledge of what the law required. It was established that the respondent had been properly noticed, and a plea was necessary. Mr. Khan pled no contest, but requested, in the future, the City not delay notification of fines accruing. Chair Costantino reminded the respondent that issues pertaining to the manner of notification would have to be addressed with the Chief of Police or City Commission. Mr. Khan acknowledged he was in possession of the current Code and understood its contents. Motion Based on the testimony and evidence presented in Case #08-774, Mr. Karageorge moved that this board find that ATM Trading Inc. and Kwik Stop are in violation of City of Boynton Beach Code Section(s) as cited, and moved to order that the respondents correct the violations on or before May 16, 2008. The board has considered the gravity 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 16, 2008 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 May 16, 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. Moyer believed the $50 fine was not sufficient as the violation had occurred before. Mr. Karageorge agreed to amend to $100. Mr. Moyer seconded the motion that passed unanimously. Attorney Tolces advised Mr. Khan he was required to pay the fines by May 16, 2008, or additional fines of $100 per day would begin accruing. The board's order would be provided by mail. Case # 08-446 Anthony and Pamela Ardolino (Owners) (Florida Default Law Group) (Other Party) 4 Colonial Club Drive #102 BBA FBC '04 105.1.1 Permit #05-4161 was voided due to time limit. Obtain permit for kitchen cabinets and GRI for washer and dryer. See red tag. Location: Violation: Luney Guillaume, Code Compliance Inspector, presented the case and reviewed the details of the violations. The initial inspection occurred on February 6, 2008. Written notice was provided and service was effectuated by certified mail. Anthony Ardolino, 3734 Quail Ridge Drive N., pled no contest. He advised he no longer owned the property, which had been signed over to the Bankruptcy Court. The respondents did not have any documents in their possession evidencing the bankruptcy. They did have an attorney and advised Diane Springer of the transaction approximately two months ago. Attorney Tolces pointed out the board could table the case for 30 days and request the necessary documents be provided. As the violation ran with the land, Attorney Tolces suggested the notice of violation be sent to the Bankruptcy Trustee. Mr. Blasie noted his files contained documents, but they were inconclusive as to whether the transaction or process had been finalized. Mr. Ardolina believed the papers were filed January 29, 2008, and he had been making payments to the Court. Attorney Tolces again recommended tabling the case for 30 days. 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 16, 2008 Motion Mr. Himmelbaum moved to table Case #08-446 until the next Code Compliance Board meeting to be held on May 21, 2008. Mr. Yerzy seconded the motion that passed unanimously. Pursuant to the suggestion of Attorney Tolces, the respondents agreed to have their attorney forward the documents to Code Compliance. Case #07-3050 Location: Violations: M 56 Enterprises Inc. 4742 N. Congress Avenue Art. IX Sec.15-120(A) PT3-LDR.CH7.5-II. Sec. 5.B Cut all trees and hedges on the south side of the property to remove all sidewalk obstruction. Restore landscaping to original plan on file with the City (or approved amended plan). Skip Lewis, Senior Code Officer, presented the case and reviewed the details of the violations. The initial inspection was made on October 24, 2007, and service was effectuated by certified mail. The City recommended 15 days to comply. Alex Daszkal was present. Alex Daszkal, 788 NE 8th Way, Boca Raton 33487, registered agent for M 56 Enterprises Inc., pled no contest. Some of the work had been completed. They were waiting for Kevin Hallahan, the City Forester, to return from vacation to sign off on the landscape plan before the dead trees and shrubs could be replaced. All the trimming had been completed, but Mr. Hallahan wanted some of the landscaping replaced pursuant to the original plan, which was approximately 14 years old. This would not present a problem and a landscaper and irrigation specialist had been engaged. Mr. Daszkal and Officer Lewis had discussed 60 days for compliance. Motion Based on the testimony and evidence presented in Case #07-3050, Mr. Foot moved that this board find that M 56 Enterprises Inc. is in violation of City of Boynton Beach Code Section(s) as cited, and moved to order that the respondent correct the violations on or before June 15, 2008. The board has considered the gravity of the violations, the actions taken by the respondent, and any previous violations by the respondent, and hereby orders that if the respondent does not comply with this order, a fine in the amount of $100 per day for each day the violations continue past June 15, 2008 plus administrative costs shall be imposed. The respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of 9 -- Meeting Minutes Code Compliance Board Boynton Beach, Florida April 16, 2008 the property to verify compliance with this order. Mr. Yerzy seconded the motion that passed unanimously. Case #08-900 Frederic and Robert Ireland and John H., Jr. and Ronald Razz 516 NW 10th Avenue CH15-Art.IX-120(D) Inc. Remove all unregistered and inoperable vehicles from property. Location: Violation: Officer Melillo presented the case and reviewed the details of the violations. Service was effectuated by posting of the notice. Fred Ireland, 1551 NW 3rd Street, pled no contest. He noted the vehicles were being restored and covered. Chair Costantino noted the vehicle had to be operable, licensed and insured. Oliver Razz, 516 NW 10th Avenue, requested 45 days to register the vehicles. He contended there was nothing wrong with the vehicle in question, a 1975 Oldsmobile Delta 88, adding he purchased another car which became his main source of transportation. Officer Melillo noted the violation pertained to one vehicle and provided photographs taken two days ago. To date, the vehicle remained on the property, was elevated on jack stands and was covered. Discussion ensued as to how many days to allow for compliance. Suggestions included 2, 10, and 30 days to register and insure the vehicle. Motion Based on the testimony and evidence presented in Case #08-900, Mr. Karageorge moved that this board find that Frederic and Robert Ireland and John H., Jr. and Ronald Razz are in violation of City of Boynton Beach Code Section(s) as cited, and moved to order that the respondents correct the violations on or before April 26, 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 $100 per day for each day the violations continue past April 26, 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. Chair Costantino requested a roll call vote. 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 16, 2008 Roll Call Vote The motion failed 3-4 (Mr. Moyer, Ms. Carroll, Mr. Yerzy and Mr. Himmelbaum dissenting). Motion Based on "the testimony and evidence presented in Case #08-900, Mr. Moyer moved that this board find that Frederic and Robert Ireland and John H., Jr. and Ronald Razz are in violation of City of Boynton Beach Code Section(s) as cited, and moved to order that the respondents correct the violations on or before April 26, 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 April 26, 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 passed unanimously. Case #08-901 Location: Violations: T.B. and Clara E. Hicks 522 NW 5th Street CH15-Art.IX-15-120(D) Inc. PT3-LDR.CH2. Sec. 5.D.l Remove all unregistered and inoperable vehicles and all outside storage from property Officer Melillo presented the case and reviewed the details of the violations. Service was effectuated by posting of the notice. Mr. Hicks, 522 NW 5th Street, son of the respondents, pled no contest and noted his parents were aware he was appearing on their behalf. Mr. Hicks indicated the respondents could comply in 30 days. Officer Melillo presented photographs of a Mercury Cougar convertible and covered outside storage. The Mercury was the only vehicle remaining on the property and was operable. The vehicle was involved in a collision, and Mr. Hicks was attempting to either restore or sell it. Motion Based on the testimony and evidence presented in Case #08-901, Mr. Himmelbaum moved that this board find that T.B. and Clara E. Hicks are in violation of City of Boynton Beach Code Section(s) as cited, and moved to order that the respondents correct the violations on or before April 26, 2008. The board has considered the gravity of the violations, the actions taken by the respondents, and any previous violations by 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 16, 2008 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 April 26, 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 passed unanimously. Case #07-3184 Jabes Alencar 633 Ocean Inlet Drive Courtney Cain, Code Officer, presented the case and reviewed the details of the violations to trim or remove hedges by the road. The Notice of Violation date was November 7, 2007. The Code Compliance Board hearing date was January 16, 2008, and no one appeared. The compliance date and fine set by the board was January 26, 2008, or $100 per day. The respondent complied on March 31, 2008, having 64 days of non-compliance. Gidalti Alencar, 859 Jeffery Street, Apt. 201, Boca Raton 33487, brother of the respondent, noted his name and address for the record. Officer Cain noted Mr. Alencar had complied. The property was owned by Jabes Alencar, who attended the last meeting but was currently out of the country. Officer Cain recommended "No Fine," as, upon learning of the violations, Mr. Alencar immediately complied. Motion Based on the testimony and evidence presented in Case #07-3184, Mr. Foot moved that this board find that the respondent, Jabes Alencar, was in violation of the City of Boynton Beach Code Section(s) as cited, subsequent to the date of compliance specified in this board's order of January 16, 2008, and in consideration of the gravity of the violations, the actions taken by the respondent to remedy the violations, and previous ,violations of the Respondent, that this board impose and certify a fine in the amount of $0 including administrative costs. Mr. Yerzy seconded the motion that passed unanimously. Case #08-346 Maudira & Zelima Delhomme 815 NW 6th Avenue Skip Lewis, Senior Code Officer, presented the case and reviewed the details of the violations which required the respondents to install a permitted barrier to meet Code, restore the pool to a sanitary condition, and remove all trash, debris and outdoor storage from the property. The Notice of Violation date was January 31, 2008. The Code Compliance Board hearing date was March 19, 2008 and Zelima Delhomme did appear. The compliance date and proposed fine set by the board was March 29, 2008, or $100 per day. The violation still existed, having 17 days of non-compliance. Officer Lewis noted the pool was a good deal clearer and in sanitary condition. The barrier was still open, and storage remained in the back area. 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 16, 2008 Zelima Delhomme, 815 NW 6th Avenue, noted her name and address for the record. Officer Pierre served as Ms. Delhomme's interpreter. Ms. Delhomme indicated she, too, wished to secure the pool as she was the mother of three children. Her house was in foreclosure, and she was attempting to remedy this situation. She requested the board work with her, and that a lien not be placed on the property. The board noted its concern for the pool violation, and safety issues with respect thereto. Ms. Delhomme contacted two contractors regarding the installation of the barrier and was quoted the sum of $3,000, which she could not afford. She did not have the quotes with her. Officer Lewis provided two photographs taken by him on April 15, 2008 evidencing a temporary barrier and existing framework which had not been maintained. Alternative options to the barrier were discussed. A new wood fence could be installed through the permitting process. If the framework was not damaged, it could be repaired and rescreened. Barriers could be placed around the pool rather than rescreening the entire area. Ms. Delhomme indicated she could not repair the enclosure but noted previous photographs contained in staff's files evidenced the existence of a kiddie fence surrounding the pool. There was evidence of the kiddie fence in the current photographs as well. Mr. Blasie believed, with the proper permits and inspections, a kiddie fence could serve as an approved barrier. Still, the board noted its concern with the old framework, which had not been maintained and was also a safety hazard. An inquiry was made by a board member with regard to the foreclosure of Ms. Delhomme's home and whether refinancing would provide enough cash for her to proceed with an enclosure. Ms. Delhomme advised that with her tax refund and monies borrowed from friends, she was able to repay $8,000 to the bank, leaving a balance due of $3,000. She suggested placing a fence in front of her house, as the back property was already fenced in. This would require a permit and would not bring her into compliance. Mr. Blasie indicated a barrier completely surrounding the pool was necessary. He offered to visit the property and provide field advice in order to minimize the financial impact to Ms. Delhomme. Whether or not a fence in the front yard would be sufficient would be determined by the Code requirements in effect at the time the pool was built. The barrier required at this point, without being physically on the property, would be a fence or a screen enclosure. Chair Costantino suggested the case be tabled for 30 days, pending a thorough inspection of the property. This would also provide ample opportunity to determine whether the existing partial child barrier was permitted. Mr. Blasie reiterated he would visit the property tomorrow, together with Officer Pierre, and would seek assistance from the Community Development Corporation (CDC) as well. 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 16, 2008 Motion Mr. Moyer moved that Case #08-346 be tabled until the Code Compliance Board Meeting to be held on May 21, 2008. Ms. Carroll seconded the motion that passed unanimously. Officer Pierre explained to Ms. Delhomme that the fine was continuing to run. Case #07-3515 Rose A. Joaseus 465 SW Third Avenue Officer Webb presented the case and reviewed the details of the violations which were to remove trash and debris, trim coconut trees, resurface and seal the driveway, and obtain a business tax receipt. The Notice of Violation date was December 19, 2007. The Code Compliance Board hearing date was February 20, 2008, and no one appeared. The compliance date and proposed fine set by the board was March 6, 2008, or $100 per day. The violation still existed, with 40 days of non-compliance. The representative was present. Mr. Joaseus, 10750 Versailles Blvd., Wellington, Florida 33449, noted he was the husband of Rose A. Joaseus, who was aware of Mr. Joaseus' attendance at tonight's meeting. They did not reside at the property. He had attempted to correct the violations prior to this meeting, but financial difficulties prevented him from doing so. Officer Webb noted most of the trash and debris had been cleared and the coconut trees had been trimmed. As the house was vacant, a business tax receipt was no longer necessary. The violation remaining pertained to the driveway, and a small amount of trash and debris. Officer Webb provided photographs. Mr. Joaseus hoped the board could grant additional time to repair the driveway, and believed he could comply in 30 days. He advised that he would attempt to rent the property in the future and would obtain a business tax receipt. It was noted the violation, which had been running for 40 days, would continue to run during the 30-day period, at $100 per day. Mr. Joaseus contended he did not receive notification, as he did not reside at the premises. He did visit the property and observed the notice on the mailbox. He immediately telephoned Officer Webb and moved quickly to remedy the violations. Officer Webb noted service was obtained by three postings, as well as by certified mail. Chair Costantino suggested tabling the case for 30 days in order for Mr. Joaseus to comply. Motion Mr. Karageorge moved that Case #07-3515 be tabled until the Code Compliance Board Meeting to be held on May 21, 2008. Ms. Carroll seconded the motion that passed unanimously. 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 16, 2008 Mr. Joaseus was reminded the fine would continue to run at $100 per day. It was suggested he contact Officer Webb when the repairs to the driveway had been completed. Mr. Blasie advised of the following lien reductions. Case #00-545 Antoine A. Delian and Marie Premier 1521 NE 2nd Street Mr. Blasie presented the case and reviewed the details of the violations. The case was originally cited on March 13, 2000 for violations to the Standard Building Code, 1997 Edition, requiring the respondents to obtain a permit for enclosing the garage and construction of a utility shed. The case appeared before the board on September 20, 2000, and Marie Premier did appear. The compliance date and fine established by the board was December 18, 2000, or $25 per day. Staff documented compliance as of January 22, 2008, having 2,590 days of non-compliance plus administrative costs. The first lien reduction inspection on the property was conducted on January 24, 2008, and there were a number of items that required attention in order to qualify for a lien reduction. A new garage door was needed, the house was not secured, windows were broken, a weather head for the electrical unit in the back of the house was not secured. Mr. Blasie provided two photographs that were taken by Officer Melillo on September 18, 2000, and two photographs taken by Mr. Blasie today. The time-date stamp was adjusted to reflect the correct time and date on Mr. Blasie's photographs. John Lewis, 2001 Palm Beach Lakes Boulevard, Suite 502, West Palm Beach, Florida 33409, advised that Marie Premier and Antoine A. Delian were deceased. The property had been out of compliance for some time and had been in foreclosure. Mr. Lewis was affiliated with Highland Properties (general contractors and real estate investors) and was contacted by the heirs of the respondents in order to remedy the situation. Highland Properties was the current owner of record, having assumed ownership as of January 9, 2008. The heirs had contacted Highland Properties when the property was weeks away from a foreclosure sale, as they did not wish to do anything about the property. Since assuming ownership, Highland Properties had complied with all the items requiring attention as follows: . A new garage door was needed. . The back door and garage door were not secured. . The bathroom windows were broken. . A new weather head was needed, which required electrical permits. 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 16, 2008 . There were missing breaker switches in the panel box. . An open sewer in the rear of the house had to be capped. . There was an open electrical junction box. . A permit was required to be pulled for the back room, and the back room had to be finished. . Rotted wood had to be repaired and replaced. Mr. Lewis noted, to date, the cost of the repairs was approximately $15,000. It was the intention of Highland Properties to complete the renovations for which they had obtained permits, and hoped the board would grant a lien reduction in the form of an administrative fee. Discussion ensued and it was noted Highland Properties should be commended for assuming responsibility for the property as, if a bank were to take over the property, it would likely lay fallow. Motion Mr. Yerzy moved in favor of administrative costs. Ms. Carroll seconded the motion. Discussion ensued. Highlights included: . The company knew of the risks involved in assuming responsibility for the property . . While they expended a considerable sum to address the repairs needed, the property had not been in compliance for 8 years. . The heirs of the deceased property owners did not care enough to do anything about the property. . Highland Properties took over the property on January 9th and acted swiftly to turn the property around. . It was hoped, after the completion of the renovations, the property would be sold to a homeowner who would live in the house and take care of it. Mr. Foot suggested reducing the penalty to $3,200 (5% of the $64,000) together with the administrative costs, for a total of $4,063. 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 16, 2008 Motion Mr. Foot moved to amend the original motion to change the amount from administrative costs to a total of $4,000 even, including administrative costs. The motion died for lack of a second. Discussion ensued. Highlights were as follows: . Administrative costs would be acceptable based on the swift turnaround of the property. . Highland Properties, a for-profit business, would be providing additional upgrades in order to enhance the neighborhood. Vote The motion passed 6-1 (Mr. Foot dissenting). Attorney Tolces noted for the record, the total administrative costs were $826.18. Mr. Blasie noted the board's decision was subject to review by the City Commission, and an appeal by either a City Commission member or the applicant. There was a 7-day time period for review, which would commence upon Code's receipt of the minutes and validating the order of the board for submission to the City Commission. It was recommended Mr. Lewis contact either Mr. Blasie or Ms. Springer in a week to ten days in order to determine the appropriate timeframe. Case #06-2147 Bernard E. and Gloria P. Turner 300 SW 13th Avenue Mr. Blasie presented the case which was originally cited August 23, 2006. The violations pertaining to a large shed in the backyard that required a permit and inspections. The case came before the board on October 18, 2006, and Dean Hillman appeared. The compliance date and fine were established on December 17, 2006, or $25 per day. Staff documented compliance on July 30, 2007 for 224 days of non- compliance. Mr. Blasie provided a photograph of the shed taken on January 17th, and two photographs showing the property, taken on today's date. Dean and Susan Hillman, 300 SW 13th Avenue, provided their names and address for the record. Mr. Hillman and Mrs. Hillman are the son-in-law and daughter, respectively, of Bernard E. and Gloria P. Turner. The respondents were aware Mr. and Mrs. Hillman were appearing on their behalf. The Hillmans sought a lien reduction in the amount of the administrative costs. Mr. Blasie noted at the time of the October 18th meeting, the Hillmans were attempting to obtain a copy of the original survey. They had attempted 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 16, 2008 to comply. However, as they could not engage any architects, the shed was demolished. Motion Based on the testimony and evidence presented in Case #06-2147, and having been advised that 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. Yerzy moved that this board reduce the fine instituted in Case #06-2147, by virtue of this board's order of October 18, 2006, to an amount of $826.18, which reflects administrative costs. Ms. Carroll seconded the motion that passed unanimously. Mr. Blasie noted the board's decision was subject to review by the City Commission, and an appeal by either a City Commission member or the applicant. There was a 7-day time period for review, which would commence upon Code's receipt of the minutes and validating the order of the board for submission to the City Commission. It was recommended Mr. Lewis contact either Mr. Blasie or Ms. Springer in a week to ten days in order to determine exactly the appropriate timeframe. Case #07-3423 Marcellus Jean Francois 238 SW 5th Avenue Officer Webb presented the case and reviewed the details of the violations. The Notice of Violation date was December 6, 2007 and pertained to the removal of trash and oversized vehicles. The Code Compliance Hearing date was January 16, 2008, and Marcelus Francois appeared. The compliance date and proposed fine were set by the board for January 31, 2008, or $5,000 per day. The violation still existed, having 75 days of non-compliance. The respondent was present. Marcellus Jean Francois, 238 SW 5th Avenue, noted his name and address for the record. The case had been previously tabled as current photographs were not available. Diane Springer and Chief Code and Rehabilitation Officer Pete Roy inspected the property and provided photographs that were taken on March 20, 2008. Officer Webb also provided photographs that were taken today. It was noted the respondent was a repeat violator. Mr. Francois contended all the vehicles on the property were registered. The photographs taken today at 2:52 p.m. evidenced trash, debris, junk, fencing and auto parts were still on the property. The fines had accumulated and to date, totaled $375,000. Despite opportunities provided, the respondent had not corrected the violations, nor had he provided any timetable as to when the violations would be corrected. 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 16, 2008 Motion Based on the testimony and evidence presented in Case #07-3423, Mr. Moyer 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 $5,000 per day plus administrative costs which shall continue to accrue until the respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Yerzy seconded the motion that passed unanimously. Case #08-71 Neptune & Monique Ambroise 621 S. Seacrest Blvd. Officer Webb presented the case. The Notice of Violation date was January 10, 2008. The violation pertained to the sale of cars that belonged to a car dealership. The Code Compliance hearing date was set for February 20, 2008, and Neptune & Monique Ambroise appeared. The compliance date and proposed fine set by the board was February 21, 2008, or $500 per occurrence (the first board order-Cease and Desist). An occurrence took place on February 26, 2008. Neptune Ambroise, 521 S. Seacrest Blvd., provided his name and address for the record. Chair Costantino noted the respondent had sold cars on February 26, 2008 and as such, was in violation of the board's order. Through Officer Pierre, his interpreter, Mr. Ambroise contended he had not sold any cars on February 26th, nor had he sold any cars in nearly a year. Officer Webb provided photographs reflecting a Lexus with a Volkswagen tag. Mr. Ambroise contended the auto did not belong to him, nor did he know to whom it belonged. The Lexis did not display a "for sale" sign. Mr. Ambroise asserted a van, Ford and Toyota were the only vehicles on his property. Officer Webb noted an occurrence on January 8, 2008 at 10:44 a.m., wherein it was observed a Nissan Quest had a sign displayed on the rear of the vehicle indicating the title had arrived and "100% green light." Attorney Tolces pointed out the only uses permitted in the R-1A single-family residential district were those uses permitted in the R-l AAA, R-l MB, and R-l M districts (including single-family dwellings, churches, City-owned and operated facilities, private golf courses, schools, home occupations, community residential homes, and nursery schools). The board would have to determine whether the respondent was selling vehicles, which was not a permitted use. Officer Webb noted the other four violations had been corrected. Board discussion ensued. Highlights included: 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 16, 2008 . While the tag on the Lexis bore a Volkswagen tag, there was not enough evidence available to indicate the respondent was selling vehicles from his property . . The respondent contended he did not own the Lexis, nor did he know to whom it belonged. The accepted course of events would have been to report an abandoned vehicle on one's property. Attorney Tolces pointed out he believed the only item that was subject to the Cease and Desist Order was the unauthorized use which was set at $500 per occurrence. The original order could not be modified to either increase the fine to the maximum of $5,000 per occurrence or to include unregistered vehicles; rather a new case would have to be established. 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 not in violation of the City of Boynton Beach Code of Ordinances Section as cited in this board's Cease and Desist Order dated February 20, 2008. Mr. Foot seconded the motion that passed unanimously. The board recessed at 9:27 p.m. and reconvened at 9:28 p.m. Case #08-494 Location: Violations: Jeanne Araia 331 NE 15th Court 10-2 B.B.C. of Ord. CH15-Art. IX-15-120(D) Inc. 424.2.17.1.8 FBC 2000 Clean pool and make sure pumps are in good working order. Secure pool. Remove all trash, buckets and debris from front and side of house. Officer Cain presented the case and reviewed the details of the violation. Service was effectuated by posting of the notice. The City recommended 10 days, until April 26, 2008, to comply. Motion Based on the testimony and evidence presented in Case #08-494, Mr. Foot moved that this board find that Jeanne Araia is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the respondent correct the violations on or before April 26, 2008. The board has considered the gravity of the violations, the actions 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 16, 2008 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 April 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 passed unanimously. Case #08-585 Location: Violations: Daniel J. Rose 2604 NE 3rd St. CH 15-Art.IX -15-120(E) Inc. CHP. 13, Art. 2 EC 13-16 Repair door under carport. Obtain business tax receipt to rent residence. Officer Cain presented the case and reviewed the details of the violations. Service was effectuated by posting of the notice. The City recommended 10 days, until April 26, 2008, to comply. Motion Based on the testimony and evidence presented in Case #08-585, Mr. Karageorge moved that this board find that Daniel J. Rose is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the respondent correct the violations on or before April 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 $50 per day for each day the violations continue past April 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 passed unanimously. Case #08-622 Location: Violations: Rosette Pierre 2152 NE 1st Ct. CH15-Art.IX-15-120(D) Inc. 10-2 B.B.C. of Ord. Remove washer from rear yard and mow overgrown property. Officer Cain presented the case and reviewed the details of the violations. Service was effectuated by posting of the notice. The City recommended 10 days, until April 26, 2008, for compliance. Officer Cain noted the washer had been removed and was, therefore, in compliance. 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 16, 2008 Motion Based on the testimony and evidence presented in Case #08-622, Mr. Yerzy moved that this board find that Rosette Pierre is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the respondent correct the violations on or before April 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 $100 per day for each day the violations continue past April 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 passed unanimously. Case #08-881 Location: Violations: Euvard Henrys 2152 NE 1st Court 10-2 B.B.C. of Ord. CH15-Art.IX-15-120(D) Inc. Mow overgrowth and remove all buckets from side and rear yard. Officer Cain presented the case and reviewed the details of the violations. Service was effectuated by posting of the notice. The City recommended 10 days, until April 26, 2008 to comply. The grass was mowed and, therefore, came into compliance. The buckets still have to be moved from the yard. Motion Based on the testimony and evidence presented in Case #08-881, Mr. Yerzy moved that this board find that Euvard Henrys is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the respondent correct the violations on or before April 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 $50 per day for each day the violations continue past April 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 passed unanimously. Case #08- 235 Location: Violations: Seacrest Trust and C. Prescott Trust 3612 S. Seacrest Blvd. 10-2 B.B.C. of Ord. 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 16, 2008 Mow overgrown yard and trim hedges. Officer Guillaume presented the case and reviewed the details of the violations. Service was effectuated by posting of the notice. The City recommended 10 days, until April 26, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-235, Ms. Carroll moved that this board find that Seacrest Trust and C. Prescott Trust are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the respondents correct the violations on or before April 26, 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 April 26, 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 that passed unanimously. Case #08-711 Valerie Brinks (Florida Default Law Group) 906 SW 2ih Avenue 10-2 B.B.C. of Ord. 424.2.17.1.1 through 10 Remove dank water and install proper pool barrier to secure pool. Location: Violations: Officer Guillaume presented the case and reviewed the details of the violations. Service was effectuated by certified mail. The City recommended 5 days, until April 21, 2008, to com ply. Motion Based on the testimony and evidence presented in Case #08-711, Mr. Foot moved that this board find that Valerie Brinks is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the respondent corrects the violations on or before April 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 $1,000 per day for each day the violations continue past April 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 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 16, 2008 the property to verify compliance with this order. Mr. Yerzy seconded the motion that passed unanimously. Case #08-712 Location: Violations: Andrea and Dante Flora 911 SW 27th Place 10-2 B.B.e. of Ord. 424.2.17.1.1. through 10 Remove dank water and install a proper pool barrier to secure pool. Officer Guillaume presented the case and reviewed the details of the violations. Service was effectuated by posting of the notice. The City recommended 5 days, until April 21, 2008, to comply. Motion Based on the testimony and evidence presented in Case #08-712, Mr. Foot moved that this board find that Andrea and Dante Flora are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the respondents correct the violations on or before April 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 $1,000 per day for each day the violations continue past April 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. Karageorge seconded the motion that passed unanimously. Case #08-803 Location: Violations: Jon Paul and Cristina Brancato 96 Citrus Park Lane 10-2 B.B.e. of Ord. Mow, trim and weed. Remove all dank (green) water from pool. Officer Lewis presented the case and reviewed the details of the violations. Service was effectuated by posting of the notice. The City recommended 10 days, until April 26, 2008, to comply. Motion Based on the testimony and evidence presented in Case #08-803, Mr. Moyer moved that this board find that Jon Paul and Cristina Brancato are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the respondents correct the violations on or before April 26, 2008. The board has considered the gravity 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 16, 2008 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 April 26, 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 passed unanimously. Case #08-542 Location: Violations: Estiverne Vagunice 651 SW 2nd Avenue CH15-Art.IX-15-120(D) 1 Inc. Mow and de-weed all overgrown yard areas. Repair wood fence. Remove all trash and debris. Officer Lewis presented the case and reviewed the details of the violations. Service was effectuated by certified mail. The City recommended 15 days, until May 1, 2008, to comply. The respondent was a repeat offender. Motion Based on the testimony and evidence presented in Case #08-542, Ms. Carroll moved to find that Estiverne Vagunice is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the respondent correct the violations on or before May 1, 2008. Based upon the evidence presented in this case, the board finds a repeat violation of the Code Sections as cited. Having also considered the gravity of the violations, the actions taken by the respondent, the board hereby orders that if the respondent does not comply with this order, a fine in the amount of $500 per day for each day the violations continue past May 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 passed unanimously. Case #08-890 Location: Violations: Ameritech International Inc. SW 8th Street 14-3 B.B.C. of Ord. PT 3-LDR.CH2 Sec.5.D.l Remove trucks, trailer and equipment from vacant lot. Vacant property is not an approved parking area. (Vehicles over one ton are not permitted). Officer Lewis advised this case complied at 5:00 p.m. this evening. 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 16, 2008 Motion Ms. Carroll moved to dismiss Case #08-890. Mr. Karageorge seconded the motion that passed unanimously. Case #08-696 Location: Violations: Maretha Medeus & Johnny Grimes 240 NE 13th Avenue CH.15-Art.lX-15-120(D) Inc. Remove all trash and outside storage. Officer Melillo presented the case and reviewed the details of the violation. Service was effectuated by posting of the notice. Officer Melillo noted the violation constituted a hazard. The City recommended 10 days, until April 26, 2008, to comply. Motion Based on the testimony and evidence presented in Case #08-696, Mr. Himmelbaum moved that this board find that Maretha Medeus and Johnny Grimes are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the respondents correct the violations on or before April 26, 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 April 26, 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. Karageorge seconded the motion that passed unanimously. Case #08-399 Location: Violations: Frederick Moore 3035 E. Palm Drive CH15-Art.lX-120(D) Inc. Repair driveway and de-weed and trim yard. Remove unregistered and inoperable vehicle. Officer Pierre presented the case and reviewed the details of the violations. Service was effectuated by posting of the notice. The City recommended 30 days, until May 16, 2008, to comply. Motion Based on the testimony and evidence presented in Case #08-399, Mr. Yerzy moved that this board find that Frederick Moore is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the respondent correct the violations on or 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 16, 2008 before May 16, 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 continue past May 16, 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 passed unanimously. Case #08-402 Location: Violations: Ulrick and Yvonne Joseph 3180 E. Atlantic Drive CH15-Art.IX-15-120(D) Inc. Remove all unregistered and inoperable vehicles from property. Officer Pierre presented the case and reviewed the details of the violations. Service was effectuated by posting of the notice. The City recommended 15 days, until May 1, 2008, to comply. The respondents were repeat offenders. Motion Based on the testimony and evidence presented in Case #08-402, Mr. Foot moved to find that Ulrick and Yvonne Joseph are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the respondents correct the violations on or before May 1, 2008. Based upon the evidence presented in this case, the board finds a repeat violation of the Code Sections as cited. Having also considered the gravity of the violations, the actions taken by the respondent, the board hereby orders that if the respondent does not comply with this order, a fine in the amount of $1,000 per day for each day the violations continue past May 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. Karageorge seconded the motion that passed unanimously. Case #08-410 Location: Violations: Gregory and Rose Johnson 3290 N. Seacrest Blvd. CH15-Art.IX-15-120(D) Inc. Remove all unregistered and inoperable vehicles. Repair driveway. Officer Pierre presented the case and reviewed the details of the violations. Service was effectuated by certified mail. The City recommended 30 days, until May 16, 2008, to comply. The respondents were repeat offenders. 27 --- -- --- - - - - --- ---- -- - - Meeting Minutes Code Compliance Board Boynton Beach, Florida April 16, 2008 Motion Based on the testimony and evidence presented in Case #08-410, Mr. Moyer moved to find that Gregory and Rose Johnson are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the respondents correct the violations on or before May 16, 2008. Based upon the evidence presented in this case, the board finds a repeat violation of the Code Sections as cited. Having also considered the gravity of the violations, the actions taken by the respondent, the board hereby orders that if the respondent does not comply with this order, a fine in the amount of $1,000 per day for each day the violations continue past May 16, 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 passed unanimously. Case #08-944 Location: Violations: Florida 4C Prop. 2508 N. Federal Highway CH 15-Art.lX-15-120(D) Inc. Remove unregistered and inoperable vehicle from property. Remove loose trash. Mow and trim lot. Officer Pierre presented the case and reviewed the details of the violations. Service was effectuated by posting of the notice. The City recommended 15 days, until May 1, 2008, to comply. Motion Based on the testimony and evidence presented in Case #08-944, Mr. Karageorge moved that this board find that Florida 4C Prop. is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the respondent correct the violations on or before May 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 May 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. Himmelbaum seconded the motion that passed unanimously. Case #07-3555 Location: Violations: Constance S. Lassiter 550 NW 12th Avenue PT3-LDR.CH20-VIII. Sec.1.G PT3-LDR.CH20-VIII. Sec.2.A PT3-LDR.CH20-VIII. Sec.2.B 28 -- -- --- ------ Meeting Minutes Code Compliance Board Boynton Beach, Florida April 16, 2008 FBC '01 ED BBA 104.1.1 Repair front door, kitchen light, AjC, shower, toilet and smoke detectors. Label electrical breaker panel. Remove all mold and water leaks around windows and doors. Secure permits for window, door and electrical changes. Officer Melillo presented the case and reviewed the details of the violations. Service was effectuated by posting of the notice. The City recommended 30 days, until May 16, 2008, to comply. Many of the violations had been corrected and permits had been obtained. The property had been secured. Motion Based on the testimony and evidence presented in Case #07-3555, Mr. Yerzy moved that this board find that Constance S. Lassiter is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the respondent correct the violations on or before May 16, 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 May 16, 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 passed unanimously. Case #08-524 Raul E. Estrada (Florida Default Law Group) 440 SW 4th Avenue CH15-Art.lX-15-120(D) inc. PT3-LDR.CH20-VIII.Sec. 1.G Keep property mowed and free of all trash and debris. Secure house to prevent entry by the public. Location: Violations: Officer Webb presented the case and reviewed the details of the violations. Service was effectuated by posting of the notice. The City recommended 10 days, until April 26, 2008, to comply. The property had not yet been secured. The respondent was a repeat violator. 29 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 16, 2008 Motion Based on the testimony and evidence presented in Case #08-524, Mr. Moyer moved to find that Raul E. Estrada is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the respondent corrects the violations on or before April 26, 2008. Based upon the evidence presented in this case, the board finds a repeat violation of the Code Sections as cited. Having also considered the gravity of the violations, the actions taken by the respondent, the board hereby orders that if the respondent does not comply with this order, a fine in the amount of $1,000 per day for each day the violations continue past April 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. Mr. Karageorge seconded the motion that passed unanimously. It was noted the Florida Default Law Group was handling foreclosures. To the extent staff was aware a property was in foreclosure, notice was also being provided to the attorneys handling the foreclosure matter. Case #08-554 Avril Dieurita {Law Offices of David Stern> 601 SW 3rd Street PT3-LDR.CH20-VIII, Sec.1G Secure house to prevent entry by the public. Replace front windows. Repair screened portion and remove all loose trash and debris. Keep property mowed. Location: Violations: Officer Webb presented the case and reviewed details of the violations. Service was obtained by certified mail and by posting the Notice of Violation. The City recommended 15 days, until May 1, 2008, to comply. Motion Based on the testimony and evidence presented in Case #08-554, Mr. Moyer moved that this board find that Avril Dieurita is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the respondent correct the violations on or before May 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 $1,000 per day for each day the violations continue past May 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 30 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 16, 2008 the property to verify compliance with this order. Ms. Carroll seconded the motion that passed unanimously. Case #08-638 Location: Violations: Charles Yvon 213 SW 7th Avenue CH15-Art.lX-15-120(D) 1 Inc. Property must be kept mowed, overgrowth trimmed and free of all loose trash and debris. De-weed driveway. Officer Webb presented the case and reviewed details of the violations. Service was obtained by posting the Notice of Violation. The City recommended 15 days, until May 1, 2008, to comply. Motion Based on the testimony and evidence presented in Case #08-638, Mr. Yerzy moved that this board find that Charles Yvon is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the respondent correct the violations on or before May 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 May 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 passed unanimously. Case #08-784 Location: Violations: Mastr Asset Backed Securities 408 SW 10th Avenue CH15-Art.lX-15-120(D) 1 Inc. Property must be kept mowed, overgrowth trimmed and free of all trash and debris. Officer Webb presented the case and reviewed details of the violations. Service was obtained by certified mail. The City recommended 15 days, until May 1, 2008, to comply. Motion Based on the testimony and evidence presented in Case #08-784, Mr. Yerzy moved that this board find that Mastr Asset Backed Securities is in violation of City of Boynton 31 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 16, 2008 Beach Code Sections as cited, and moved to order that the respondent correct the violations on or before May 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 May 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 passed unanimously. Case #08-819 Location: Violations: Jeanniton Rodrigue 112 SW 9th Avenue CH15-Art.IX-15-120(D) Inc. Spray unsightly weeds in swale area. Officer Webb presented the case and reviewed details of the violations. Service was obtained by certified mail. The City recommended 15 days, until May 1, 2008, to comply. Motion Based on the testimony and evidence presented in Case #08-819, Mr. Yerzy moved that this board find that Jeanniton Rodrigue is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the respondent correct the violations on or before May 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 continue past May 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. Himmelbaum seconded the motion that passed unanimously. Case #08-957 Location: Violations: u.s. Bank National Assoc Tr. 419 SW 4th Avenue CH.15-Art.IX-15-120(D) 1 Inc. Property must be kept mowed, overgrowth trimmed and free of all loose trash and debris. Officer Webb presented the case and reviewed details of the violations. Service was obtained by posting of the notice. The City recommended 15 days, until May 1, 2008, to comply. 32 ------ - - - ----- - -- Meeting Minutes Code Compliance Board Boynton Beach, Florida April 16, 2008 Motion Based on the testimony and evidence presented in Case #08-957, Mr. Moyer moved that this board find that U.s. Bank National Assoc Tr. is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the respondent correct the violations on or before May 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 $5e $100 per day for each day the violations continue past May 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 passed unanimously. Case #08-759 Location: Violations: Cordelia R. McKinney 2413 NE 4th Court CH.2.5-12 & CH.25-13 Excessive false alarms. It was noted this case came into compliance. Attorney Tolces noted the board should move to dismiss. Motion Ms. Carroll moved to dismiss Case #08-759. Mr. Yerzy seconded the motion that passed unanimously. Officer Webb recommended the following cases be certified at $50 per day: Case #07- 1103, Case #07-3383, Case #08-288 and Case #08-425. Case #07-1103 Exotic Motorcars & Jewelry, Inc. 102 Commerce Road Motion Based on the testimony and evidence presented in Case #07-1103, 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 respondent, that this board impose and certify a fine in the amount of $50 per day plus administrative costs which shall continue to accrue until the respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Karageorge seconded the motion that unanimously passed. 33 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 16, 2008 Case #07-3383 Maritess Cadano & Mycel Perez 1819 Stonehaven Drive Motion Based on the testimony and evidence presented in Case #07-3383, Mr. Foot moved that this board find that the respondent has not complied with this board's order dated February 20, 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 $50 per day plus administrative costs which shall continue to accrue until the respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Karageorge seconded the motion that unanimously passed. Case #08-288 Marceline Gabriel 724 W. Ocean Avenue Motion Based on the testimony and evidence presented in Case #08-288, Mr. Foot moved that this board find that the respondent has not complied with this board's order dated March 19, 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 $50 per day plus administrative costs which shall continue to accrue until the respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Karageorge seconded the motion that unanimously passed. Case #08-425 Denton & Dalisa L. Schoburgh 329 SW 10th Avenue Motion Based on the testimony and evidence presented in Case #08-425, Mr. Foot moved that this board find that the respondent has not complied with this board's order dated March 19, 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 $50 per day plus administrative costs which shall continue to accrue until the respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Karageorge seconded the motion that unanimously passed. Officer Webb recommended the following cases be certified at $100 per day: Case #08- 18, Case #08-171, Case #08-16, and Case #08-22. 34 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 16, 2008 Case #08-18 Mario Castillo 1503 NE 2nd Court Motion Based on the testimony and evidence presented in Case #08-18, Mr. Karageorge moved that this board find that the respondent has not complied with this board's order dated March 19, 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 $100 per day plus administrative costs which shall continue to accrue until the respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Yerzy seconded the motion that unanimously passed. Case #08-171 Jeanette Gonzalez 291 NE 16th Avenue Motion Based on the testimony and evidence presented in Case #08-171, Mr. Karageorge moved that this board find that the respondent has not complied with this board's order dated March 19, 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 $100 per day plus administrative costs which shall continue to accrue until the respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Yerzy seconded the motion that unanimously passed. Case #08-16 Korrine 8r. Peter Tapia 913 NW 8th St. Motion Based on the testimony and evidence presented in Case #08-16, Mr. Karageorge moved that this board find that the respondents have not complied with this board's order dated March 19, 2008, 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. Yerzy seconded the motion that unanimously passed. Case #08-22 United Realty Management Inc. 135 NE 11th Avenue Motion Based on the testimony and evidence presented in Case #08-22, Mr. Karageorge moved that this board find that the respondent has not complied with this board's order dated March 19, 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 35 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 16, 2008 $100 per day plus administrative costs which shall continue to accrue until the respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Yerzy seconded the motion that unanimously passed. Officer Webb recommended Case #08-334 be certified at $150 per day. Case #08-334 Lamar Nixon 411 NE 2nd Street Motion Based on the testimony and evidence presented in Case #08-334, Ms. Carroll moved that this board find that the respondent has not complied with this board's order dated March 19, 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 $150 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 unanimously passed. Officer Webb recommended the following cases be certified at $200 per day: Case #08- 163, Case #08-96 and Case #08-314. Case #08-163 John M. Bowden III 710 NE 1st Street Motion Based on the testimony and evidence presented in Case #08-163, Mr. Yerzy moved that this board find that the respondent has not complied with this board's order dated March 19, 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 $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. Himmelbaum seconded the motion that unanimously passed. Case #08-96 Francisco Pascual &. Juana Juan pasqual 518 NE 25th Avenue Motion Based on the testimony and evidence presented in Case #08-96, Mr. Yerzy moved that this board find that the respondent has not complied with this board's order dated March 19, 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 $200 per day plus administrative costs which shall continue to accrue until the respondent comes 36 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 16, 2008 into compliance or until a judgment is entered based upon this certification of fine. Mr. Himmelbaum seconded the motion that unanimously passed. Case #08-314 James M. Tate 506 SE 20 Ct. Motion Based on the testimony and evidence presented in Case #08-314, Mr. Yerzy moved that this board find that the respondent has not complied with this board's order dated March 19, 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 $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. Himmelbaum seconded the motion that unanimously passed. Officer Webb recommended the following cases be certified at $250 per day: Case # 07-56, Case #07-564 and Case #07-3439. Case #07-561 Yachtsman Properties LLC 1550 N. Federal Highway Andrew L. Cohen Motion Based on the testimony and evidence presented in Case #07-561, Mr. Yerzy moved that this board find that the respondent has not complied with this board's order dated March 21, 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. Karageorge seconded the motion that unanimously passed. Case #07-564 Yachtsman Properties LLC Andrew L. Cohen 1600 N. Federal Highway Motion Based on the testimony and evidence presented in Case #07-564, Mr. Yerzy moved that this board find that the respondent has not complied with this board's order dated March 21, 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. Karageorge seconded the motion that unanimously passed. 37 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 16, 2008 Case #07-3439 Raul E. Estrada 440 SW 4th Avenue Motion Based on the testimony and evidence presented in Case #07-3439, Mr. Yerzy moved that this board find that the respondent has not complied with this board's order dated February 20, 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. Karageorge seconded the motion that unanimously passed. Officer Webb recommended Case #08-508 be certified at $300 per day. Case #08-508 Lue Gennie Rivers 515 NW 11th Avenue Motion Based on the testimony and evidence presented in Case #08-508, Mr. Moyer moved that this board find that the respondent has not complied with this board's order dated March 19, 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 $300 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 Webb recommended the following cases be certified at $500 per day: Case #08- 21, and Case #08-25. Case #08-21 Traci Tinari 2011 NE 2nd Street Motion Based on the testimony and evidence presented in Case #08-21, Mr. Himmelbaum moved that this board find that the respondent has not complied with this board's order dated March 19, 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 $500 per day plus administrative costs which shall continue to accrue until the respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Yerzy seconded the motion that unanimously passed. 38 - -- ---- - -- Meeting Minutes Code Compliance Board Boynton Beach, Florida April 16, 2008 Case #08-25 Albertha & Semanes Vildor 501 NW 13th Avenue Motion Based on the testimony and evidence presented in Case #08-25, Mr. Himmelbaum moved that this board find that the respondent has not complied with this board's order dated February 20, 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 $500 per day plus administrative costs which shall continue to accrue until the respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Yerzy seconded the motion that unanimously passed. Officer Webb recommended the fines for the following cases be certified at "No Fine" per day: Case #07-3304, Case #07-1993, Case #08-97, Case #08-510, Case #07-3514 and Case #08-70. Case #07-3304 Clorina Barthelemy 210 NE 20th Avenue Motion Based on testimony and evidence presented in Case #07-3304, Mr. Yerzy moved that this Board find that the Respondent, Clorina Barthelemy, 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. Moyer seconded the motion that unanimously passed. Case #07-1993 Christian & Missionary Vision 2923 S. Federal Highway Motion Based on testimony and evidence presented in Case #07-1993, Mr. Yerzy moved that this Board find that the Respondent, Christian & Missionary Vision, 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 October 17, 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. Moyer seconded the motion that unanimously passed. 39 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 16, 2008 Case #08-97 Linda Giovinazzo 3260 Orange Street Motion Based on testimony and evidence presented in Case #08-97, Mr. Yerzy moved that this Board find that the Respondent, Linda Giovinazzo, 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 March 19, 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. Moyer seconded the motion that unanimously passed. Case #08-510 Paul J. Martin 427 NW 11th Avenue Motion Based on testimony and evidence presented in Case #08-510, Mr. Yerzy moved that this Board find that the Respondent, Paul J. Martin, 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 March 19, 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. Moyer seconded the motion that unanimously passed. Case #07-3514 Richard A. Petti 131 SE 3rd Avenue Motion Based on testimony and evidence presented in Case #07-3514, Mr. Yerzy moved that this Board find that the Respondent, Richard A. Petti, was in violation of the City of Boynton Beach Code Sections as cited subsequent to the date of compliance specified in the Board's Order of February 20, 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. Moyer seconded the motion that unanimously passed. Case #08-70 Marc &. Junya Schoen 102 SE 9th Avenue Motion Based on testimony and evidence presented in Case #08-70, Mr. Yerzy moved that this Board find that the Respondents, Marc & Junya Schoen, 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 February 20, 2008, and in consideration of the gravity of the 40 Meeting Minutes Code Compliance Board Boynton Beach, Florida April 16, 2008 violations and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents that this Board impose and certify "No Fine." Mr. Moyer seconded the motion that unanimously passed Officer Webb recommended the following cases be tabled to June 18, 2008: Case #07- 3156 and Case # 06-1441. Case #07-3156 South Florida Devco 986 Cortina Boulevard. Motion Mr. Yerzy moved that Case #07-3156 be tabled until the Code Compliance Board meeting to be held on June 18, 2008. Mr. Moyer seconded the motion that unanimously passed. Case #06-1441 Randolph II and Martha Williams 2810 SE 5th Circle Motion Mr. Yerzy moved that Case #06-1441 be tabled until the Code Compliance Board meeting to be held on June 18, 2008. Mr. Moyer seconded the motion that unanimously passed. Mr. Karageorge requested the following changes to the February 28, 2008 Lien Reduction Meeting minutes: . First sentence of the sixth paragraph on Page 4 should be corrected from "The board members noted their concern..." to "Mr. Karageorge noted his concern..."; and . Second sentence should be corrected from 'The board also noted disclosure..." to "Mr. Karageorge also noted disclosure...." Motion Mr. Karageorge moved to amend the minutes as corrected. Mr. Himmelbaum seconded the motion that passed unanimously. Chair Costantino noted with regret, Mr. Moyer would be leaving the board as he would be relocating. The board thanked Mr. Moyer for his outstanding services. Chair Costantino and the members welcomed Mr. Himmelbaum to the board. 41 --- - --- -- Meeting Minutes Code Compliance Board Boynton Beach, Florida April 16, 2008 VIII. Discussion Mr. Blasie announced there would be no Lien Reduction Hearing on April 24, 2008. IX. Adjournment There being no further business to discuss, the meeting properly adjourned at 10:04 p.m. ~ f) /-- Stephanie D. Kahn Recording Secretary 042108 42 --- - ----