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Minutes 05-21-08 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, MAY 21,2008, AT 7:00 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Richard Yerzy, Vice Chair Kathleen Carroll (arrived 7:05 p.m.) 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 Vestiguerne Pierre , Senior Code Officer, requested Case #08-446 be tabled to July 16, 2008. Motion Mr. Karageorge moved to table Case #08-446 until the Code Compliance Board meeting to be held on July 16, 2008. Mr. Moyer seconded the motion that passed unanimously. Officer Pierre announced the following cases have complied: Case #'s 08-897, 08-471, 08-1134, and 08-405. Chair Costantino added two comments to Item V. New Business. Motion Mr. Himmelbaum moved to approve the agenda as amended. Vice Chair Yerzy seconded the motion that passed unanimously. III. Approval of April 16, 2008 Meeting Minutes There were two corrections to the minutes. 1 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21, 2008 Page 3, Case #08-504, the compliance date should be July 15, 2008 and not July 16, 2008. Page 33, Case #08-957, the fine should be $100, not $50. Motion Mr. Foot moved to approve the minutes as amended. Mr. Yerzy seconded the motion that unanimously passed. 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 Chair Costantino was aware the Code Enforcement Officers received a Proclamation from the Mayor and City Commission. She inquired whether Mr. Karageorge was present at the last City Commission meeting. Mr. Karageorge responded he was and indeed, the City Commission honored the officers by proclaiming June 2, 2008 through June 6, 2008 as "Code Enforcement Officers Appreciation Week". He announced the efforts of the division were extolled and appreciated by the public, the board and by the City Commission. Chair Costantino announced Officer Herring and his wife welcomed a new edition to their family, a baby boy. The board members congratulated him on the new arrival. Officer Pierre called the roll and determined who was present. Case #08-480 Location: Violation(s): Prophete Termidor 1621 NE 3rd Court CH15-ART.IX-15-120(D) Inc. Remove furniture from front porch, Rental property requires a Business Tax Receipt Courtney Cain, Code Officer, presented the case and explained the property was not homesteaded. The initial inspection occurred February 19, 2008. Currently, the furniture was removed, but the Business Tax Receipt remained outstanding and was required per Section 13.16. The initial notice was a written notice giving 10 days to 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21, 2008 comply. The certificate of mailing was sent and returned signed, but not dated. He reported the Respondent was present. Prophete Termidor, 1621 NE 3rd Court, was present and pled no contest. He requested 10 days to comply. The City had no objections to the request. Motion Based on the testimony and evidence presented in Case #08-480, Mr. Karageorge moved that this Board find that Prophete Termidor is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violations on or before May 31, 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 violation continues past May 31, 2008, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that unanimously passed. Case #08-1170 Location: Violation(s): Robert G. Mealey, Jr. 1721 Banyan Creek Circle N. 14-3. B.B.C. of Ord. One-ton truck not permitted to park in residential zones John Herring, Code Officer, presented the case and reviewed the details of the violations which arose from a citizen complaint. The initial inspection date was April 15, 2008. Written notice was sent via certified mail on May 5, 2008 giving 15 days to comply. The return receipt was signed May 8, 2008. Officer Herring reported there had been dialogue with the Respondent and the City was recommending the board enter a Cease and Desist Order effective May 22,2008. Robert Mealey, Jr., 1721 Banyan Creek Circle N., pled no contest and explained the development owns the roads, not the City. He indicated he has parked his truck at his residence for 13 years without incident, and during that time period included three different 450 trucks had been used. Mr. Mealey announced his employer requires him to be on call 24 hours a day, seven days a week. He leaves at 7 a.m. and returns at varying times in the evening depending on his workload. The reason the truck is there is because he has to respond to calls within a set amount of time. He advised the truck is not obstructing traffic flows in the event of an emergency. 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21, 2008 Officer Herring distributed photographs for the board to review and reported the Respondent's community has a Homeowners Association, and the violation was generated via complaint. The members discussed the violation occurred because of the zoning designation and the weight of the vehicle. The subject vehicle was a bucket truck. As such, the vehicle was too large to be screened or enclosed. The Respondent explained he could park the vehicle behind the Comcast fence, but it would cause issues because it would delay his arrival times on emergency calls, and he would be be penalized. He explained the other employees in his department also took their vehicles home. Nearly every member of the board knew of similar circumstances with electric trucks and bread trucks parked in residential areas. Mr. Mealey was asked if he notified his employer about the Code violation, and Mr. Mealey responded he had not. It was suggested he do so. One member of the board faced the same dilemma when he was with an electric company, and he approached his employer who resolved the issue with the City. The Chair explained the determination whether to make accommodations for individuals such as Mr. Mealey rested with the City Commission who had the authority to amend the ordinance. It was further noted by another member of the board that Comcast indicated they would adhere to the law and not park commercial vehicles in residential areas. Mr. Mealey indicated he would need 10 days to speak with his employer about the matter Motion Mr. Himmelbaum moved to find Mr. Mealey in violation. The motion died for lack of a second as a Cease and Desist Order was thought to be more appropriate. Motion Based on the testimony and evidence presented in Case #08-1170, Mr. Himmelbaum moved that a Cease and Desist Order be issued giving Mr. Mealy until May 31 2008 to bring the violations of City of Boynton Beach Code Sections as cited into compliance. The board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that a fine in the amount of $100 per recurrence of the violation thereafter shall be imposed upon the Respondents. Mr. Karageorge seconded the motion that passed 6-1 (Mr. Moyer dissenting.) 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21, 2008 It was noted the Code provided for a 15 minute interval for Mr. Mealey to park and quickly eat or retrieve something from his residence. Attorney Tolces also reiterated each time the violation occurred, the $100 fine would be assessed. Mr. Mealey asked if he would be relieved from the order if he was able to bring in a letter from his employer. The members advised in this instance, he would not be released from the Order. Case # 08-834 Location: Violation(s): Michael R. Rogers 111 NE 3rd Avenue CH15-ART.IX-15-120(D) Inc. BBCO CHP 4 SEC 4-18 PT3-LDR.CH2.SEC.5.F.1 Repair wood fence along north property line. Camping/tenting not permitted in residential areas. Remove canopy, mow, trim and remove trash and fowl. Remove unregistered and inoperable motor vehicle. Mike Melillo, Senior Code Officer, reviewed the case which pertained to homesteaded property and which arose from a citizen and Police Department complaint. The initial Inspection date was March 19, 2008 and the Respondent was given 10 days to comply. Service was provided, and the Respondent asked for a 30 day extension which was granted. Michael Rogers, 111 NE 3rd Avenue, was present and pled no contest. He explained he advertised in the newspaper to sell many of the items causing the violations. He took the tent down and advised he was only able to get rid of 20 chickens and 3 roosters. He advised he would repair the fence and any other outstanding item(s) within 30 days. He currently had 33 chickens left. The City Animal Control Division provided cages; however, Mr. Rogers advised he was unsuccessful in his attempts to get the fowl into the cages. Accordingly, the chickens remained loose and continued to roam. The tents were gone, but there were still people living in the fifth wheel, in the shed and in the camper in the back of the property. The most recent inspection occurred at 6:45 p.m. on May 21, 2008. He was trying to sell the car and the fowl, but there were no prospects. He also explained the requested extension was due to a back injury. Mr. Rogers did not have a Business Tax Receipt to sell the chickens. He contended the fowl belonged to a resident on the next street and wandered onto his yard. Mr. Rogers explained Good Will was coming Monday to remove the outstanding items. Officer Melillo distributed photographs to the board. 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21, 2008 Mr. Foot suggested the board entertain a short time and large fine of $1 K per day. Motion Based on the testimony and evidence presented in Case #08-834, Mr. Foot moved that this Board find that Michael Rogers is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violations on or before June 5, 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 violation continues past June 5, 2008, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case # 08-1104 Raoul Desmangles, Jr. and Sandra Gilles 1114SW3rdSt CH15-ART.IX-15-120(D) Inc. Remove outside storage of items not used from view. Location: Violation(s): Willie Webb, Senior Code Officer, presented the case and explained the initial inspection occurred on April 9, 2008. The written notice gave 10 days to comply and was sent April 23, 2008. The return receipt was signed on April 25, 2008. Sandra Gilles, 1114 SW 3rd Street, the wife of the Respondent, explained Mr. Desmangles was in the hospital and asked for an extension. She pled no contest and explained most of the violations had been removed. Some stepping stones were in the front of the property but she did not consider them trash. The van was on the side of the house and needed to be removed. She explained her husband needed six weeks to recover from his surgery, and she requested a two-month extension. Officer Webb had photos which he distributed to the board. He explained the van still remained, the step stones would be all right; and all other items were removed. Ms. Gilles explained she did not know when her husband would be discharged, but inside the van were heavy tools and her husband could not do any heavy lifting, nor did she know about the tools. 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21, 2008 Motion Based on the testimony and evidence presented in Case #08-1104, Mr. Karageorge moved that this Board find that Raoul Desmangles, Jr. and Sandra Gilles are in violation of the City of Boynton Beach Code Section cited and moved to Order that the Respondents correct the violations on or before July 20, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $500 per day for each day the violation continues past July 20, 2008, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion. There was discussion on the fine amount and length of time to give. Vote Mr. Karageorge amended his motion to reflect a compliance date of June 20' 2008 and a fine of $250 per day. Mr. Foot seconded the amendment. The motion failed 2-5 (Messrs Moyer, Yerzy and Himmelbaum, and Ms. Carroll and Chair Costantino dissenting.) Motion Based on the testimony and evidence presented in Case #08-1104, Mr. Himmelbaum moved that this Board find that Raoul Desmangles, Jr. and Sandra Gilles are in violation of the City of Boynton Beach Code Section cited and moved to Order that the Respondents correct the violations on or before June 20, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past June 20, 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 5-2 (Ms. Carroll and Chair Costantino dissenting.) Case # 08-1120 Location: Violation(s): Jean Emilcar 302 SW 5th Avenue CHP13-ART 1, SEC 13-16 LDR CH 20 ART 1 SEC C8E-16 Place four-inch house numbers on building visible from street. Renting 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21, 2008 residence requires current Business Tax Receipt. Code Officer Webb presented the case and advised the initial inspection occurred on April 9, 2008. The violation notice advised a Business Tax Receipt was required for the house rental and four-inch house numbers visible from the street were needed. The notice gave 10 days to comply. Written notice was sent April 24, 2008 and was not returned. Notice was posted on the property on April 1 0, 2008. Jean W. Emilcar, 2907 Albatros Road, Delray Beach, pled no contest. Mr. Emilcar explained he spoke to a member of the Code Compliance Division and the four-inch numbers were posted on the dwelling. There was discussion regarding the home belonging to his sister. He explained he would obtain the Business Tax Receipt. Officer Pierre translated for Mr. Emilcar who testified that his sister owned the home. He reported she lives in the home and pays the mortgage. Additionally, Mr. Emilcar did not collect rent from her or make a profit. The members explained he has to go to the Business Tax Receipt Division and sign a form indicating a relative lives in the dwelling. Mr. Emilcar indicated he would do so the next day. Motion Based on the testimony and evidence presented in Case #08-1120, Mr. Karageorge moved that this Board find that Jean W. Emilcar is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violations on or before May 31, 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 violation continues past May 31, 2008, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that unanimously passed. Case #07-711 Chorwadi Mata Inc. Sipika & Kirit Shah 2821 S. Federal Highway John Herring, Code Officer, presented the case which pertained to returning the property to the condition of the original site plan. This involved restriping and resurfacing the parking lot, removing trash and debris, obtaining permits for gates or removing them. He explained the only remaining issue was returning the property to the original site plan. All other items complied. 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21,2008 Manshi Shah, daughter of the Respondent, explained she was an attorney and would assist him in this matter. It was noted Ms. Shah's license to practice law was not in Florida and she would speak as a witness. Officer Herring explained there has been dialogue between the City and the Respondents. Several extensions and tablings have been granted, but the case has not moved forward. Photographs were distributed to the board, and Officer Herring spoke with Kevin Hallahan, the City Forester, who indicated the perimeter of the property was finished, but the interior needed to be completed. He explained the case must comply 100%. Ms. Shah had photos she distributed to the board. She explained she also had receipts and she spoke with Mr. Hallahan. They addressed dead stumps along the rear property line and planted 22 new 12-ft trees along Federal Highway and 28th Avenue, at a cost of $4K. She explained business was slow and they did not have the funds to continue the plantings. She requested more time. She advised they spent $3,993 on the coco plum plants, exclusive of the parking lot expenses of about $40K and she was confused by the extension and the tabling of the case. It was explained to Ms. Shah there was a fine running, which totaled approximately $8K to date. Officer Herring explained this issue has been dragging on and he spoke with the Respondents many times. Officer Herring explained prior to April 19, 2007, he had spoken with the Respondents about resurfacing the parking lot, and he explained it took from the date of the initial violation until April of 2007 for the parking lot to be restriped. He explained by certifying the case, the Respondents could always apply for a lien reduction. Ms. Shah explained they were trying to make contact with Mr. Hallahan for an inspection, but he was on vacation. As soon as the inspection occurred they would have a better indication of what remained outstanding. She thought 30 days would be sufficient. Officer Herring had spoken to Mr. Hallahan, and the interior needed a lot of work. Ms. Shah explained they have made efforts in that regard. Motion Mr. Foot moved that Case #07-711 be tabled until the Code Compliance Board meeting to be held on June 18, 2008. The motion died for lack of a second. There was brief discussion about the fine continuing to run and the Respondents could return for lien reduction. 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21,2008 Motion Based on the testimony and evidence presented in Case #07-711, Mr. Himmelbaum moved that this Board find that the Respondents have not complied with this Board's Order dated Decomber 16,2007 October 17. 2007 and having considered the gravity of the violations, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $50 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion. Mr. Foot did not understand why the City had to certify the fine at this time, when the GHy property owner was making progress. He expressed when the fine is certified, it is more difficult for the Respondents to continue their business profitably. He thought similar situations were handled differently. The board noted the case was more than a year old. Officer Herring explained he had allowed multiple extensions and tabled the case a number of times. The Respondents could always comply and apply for a lien reduction. Attorney Tolces explained the certification would stop the process for setting a hearing and sending out the notices. It was noted there were two other liens running since 2001 ; however, the Respondent contended one lien was satisfied. Vote The motion passed 6-1 (Mr. Foot dissenting.) Case # 08-770 Location: Violation(s): CRNT 1 Inc-AII Stairs Inc. 2900 NW Commerce park Dr. A-1 CH 2.5-12 & CH. 2.5-13 Excessive false alarms. Pay all fines to avoid Code Compliance Board action. Pete Roy, Chief Code and Rehabilitation Officer, presented the case as contained in the Notice of Violation. The City was recommending a compliance date of June 20, 2008, giving 30 days to correct the violation. Motion Based on the testimony and evidence presented in Case #08-770, Ms. Carroll moved that this Board find that CRNT 1 Inc-AII Stairs Inc. is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violation on or before June 20, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21, 2008 2008, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Moyer seconded the motion that unanimously passed. Case # 08-846 Location: Violation(s): Tangiers Development LLC 133 NW 10th Ave CH 9 ART II, SEC 9-19 (C) Fire Inspection Fees Officer Roy presented the case and reviewed the details of the violation. The City was recommending a compliance date of June 20, 2008, giving 30 days to correct the violation. Motion Based on the testimony and evidence presented in Case #08-846, Ms. Carroll moved that this Board find that Tangiers Development LLC is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violation on or before June 20, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past June 20, 2008, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case # 08-847 Location: Violation(s): Luc C. Vildor 317 NE 10th Ave. CH 9 ART II, SEC 9-19 (C) Fire Inspection Fees Officer Roy presented the case and reviewed the details of the violation. The City was recommending a compliance date of June 20, 2008, giving 30 days to correct the violation. Motion Based on the testimony and evidence presented in Case #08-847, Ms. Carroll moved that this Board find that Luc C. Vildor is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violation on or before June 20, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21, 2008 hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past June 20, 2008, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Moyer seconded the motion that unanimously passed. Case # 08-849 Location: Violation(s): Tangiers Development LLC 132 NE 1ih Ave. CH 9 ART II, SEC 9-19 (C) Fire Inspection Fees Officer Roy presented the case and reviewed the details of the violation. The City was recommending a compliance date of June 20, 2008, giving 30 days to correct the violations. Motion Based on the testimony and evidence presented in Case #08-849, Ms. Carroll moved that this Board find that Tangiers Development LLC is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violations on or before June 20, 2008. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past June 20, 2008, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Moyer seconded the motion that unanimously passed. Case # 08-851 Boynton JCP Associates, L TD Piercing Pagoda 801 N. Congress Ave 977 CH 9 ART II, SEC 9-19 (C) Fire Inspection Fees Location: Violation( s): Officer Roy presented the case and reviewed the details of the violation. The City was recommending a compliance date of June 20, 2008, giving 30 days to correct the violations. Motion Based on the testimony and evidence presented in Case #08-851, Ms. Carroll moved that this Board find that Boynton JCP Associates, L TD, Piercing Pagoda is in violation of 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21, 2008 the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violations on or before June 20, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past June 20, 2008, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Moyer seconded the motion that unanimously passed. Case # 08-855 Boynton JCP Associates, L TD Silver and Gold Connection 801 N. Congress Ave 985 CH 9 ART II, SEC 9-19 (C) Fire Inspection Fees Location: Violation(s): Officer Roy presented the case and reviewed the details of the violation. The City was recommending a compliance date of June 20, 2008, giving 30 days to correct the violations. Motion Based on the testimony and evidence presented in Case #08-855, Ms. Carroll moved that this Board find that Boynton JCP Associates, L TD, Silver and Gold Connection is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violation on or before June 20, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past June 20, 2008, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Moyer seconded the motion that unanimously passed. Case # 08-904 Location: Violation(s): Sam Tenzer 123 NE 15th Ave CH15-ART.IX-15-120(E) Inc. Repair or remove awnings, paint house and facia boards. Courtney Cain, Code Officer, presented the details of the violation. Service was obtained by certified mail. The City was recommending a compliance date of June 20, 2008, giving 30 days to correct the violations. 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21, 2008 Motion Based on the testimony and evidence presented in Case #08-904, Mr. Karageorge moved that this Board find that Sam Tenzer is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violation on or before June 20, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past June 20, 2008, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Moyer seconded the motion that unanimously passed. Case # 08-905 Location: Violation(s): Aristhil Elda & Dachoute Aniel 116 NE 15th Ave. CH15-ART.IX-15-120(E) Inc. 10-2 B.B.C. of Ord. CHP13-ART 1, SEC 13-16 Mow overgrown yard, repair or remove awning. Renting residence requires current business tax receipt. Officer Cain presented the details of the violation. Service was obtained by certified mail. The City was recommending a compliance date of May 31, 2008, giving 10 days to correct the violations. The outstanding violation was the license and repairing the awning. All other items complied. Motion Based on the testimony and evidence presented in Case #08-905, Mr. Himmelbaum moved that this Board find that Aristhil Elda & Dachoute Aniel are in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondents correct the violations on or before May 31, 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 May 31,2008, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21, 2008 Case # 08-934 Location: Violation(s): Carmelo Campos 330 NE 16th Ave CH 15-ART.IX-15-120(E) Inc. Remove unregistered vehicles from the property. Officer Cain presented the details of the violation. The City was recommending a compliance date of May 31, 2008, giving 10 days to correct the violations. Motion Based on the testimony and evidence presented in Case #08-934, Mr. Foot moved that this Board find that Carmelo Campos is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violation on or before May 31, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past May 31, 2008, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case # 08-998 Location: Violation(s): Christopher McClure 441 SW 3rd Ave. CH15-ART.IX-15-120(D)1 Inc. Mow property, trim overgrowth and remove trash and debris. Officer Cain presented the details of the violation. The City was recommending a compliance date of May 31, 2008, giving 10 days to correct the violations. Motion Based on the testimony and evidence presented in Case #08-998, Mr. Moyer moved that this Board find that Christopher McClure is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violation on or before May 31, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past May 31, 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 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21, 2008 the property to verify compliance with this Order. Mr. Himmelbaum seconded the motion that unanimously passed. Case # 08-538 Location: Violation(s): Siobhan Petrillo 931 Sunset Rd. 10-2 B.B.C. of Ord. Remove dank water from pool and maintain the pool. Luney Guillaume, Code Compliance Inspector, presented the details of the violation. The City was recommending a compliance date of May 31, 2008, giving 10 days to correct the violations. The violation represented a health and safety hazard. Motion Based on the testimony and evidence presented in Case #08-538, Ms. Carroll moved that this Board find that Siobhan Petrillo is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violation on or before May 31, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $250 per day for each day the violation continues past May 31, 2008, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Moyer seconded the motion that unanimously passed. Case # 08-1015 Location: Violation(s): Luanna M. Azzarito 2950 S. Seacrest Boulevard 10-2 B.B.C. of Ord. Mow yard and trim hedges. Officer Guillaume presented the details of the violation. The City was recommending a compliance date of May 31,2008, giving 10 days to correct the violation. Motion Based on the testimony and evidence presented in Case #08-1015, Mr. Himmelbaum moved that this Board find that Luanna M. Azzarito is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violation on or before May 31, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past May 31, 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21, 2008 2008, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Moyer seconded the motion that unanimously passed. Case # 08-1017 Location: Violation( s): Fremond Investment & Loan 3315 S. Seacrest Blvd 10-2 B.B.C. of Ord. Mow yard. Officer Guillaume presented the details of the violation. The City was recommending a compliance date of May 31,2008, giving 10 days to correct the violations. Motion Based on the testimony and evidence presented in Case #08-1017, Mr. Moyer moved that this Board find that Fremond Investment & Loan is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violation on or before May 31, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $150 per day for each day the violation continues past May 31, 2008, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that unanimously passed. Case # 08-1191 Location: Violation(s): Georlando Gonzalez 2570 SW 14th Street 10-2 B.B.C. ofOrd. 424.2.17.1.1 Through 10 Remove dank water and install a proper pool barrier to secure pool. Officer Guillaume presented the details of the violation. The City was recommending a compliance date of May 31, 2008, giving 10 days to correct the violations. Motion Based on the testimony and evidence presented in Case #08-1191, Mr. Yerzy moved that this Board find that Georlando Gonzalez is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violations on or before May 31, 2008. The Board has considered the gravity of the violations, the 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21, 2008 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 31, 2008, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Moyer seconded the motion that unanimously passed. Case # 08-801 Location: Violation(s): Countrywide Bank 7042 Chesapeake Circle 10-2 B.B.C. of Ord. PT3-LDRCH20-VIII.SEC1.G. PT3-LDR CH20-VIII.SEC2.A Fix Garage. Repair fire damage, mow, weed and trim yard. Paint house and secure property. John Herring, Code Officer, presented the details of the violation. The City was recommending a compliance date of May 31, 2008, giving 10 days to correct the violations. The violations constituted a safety hazard. Motion Based on the testimony and evidence presented in Case #08-801, Mr. Moyer moved that this Board find that Countrywide Bank is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violations on or before May 31, 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 31, 2008, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that unanimously passed. Case # 08-1042 Location: Violation( s): Brenda L. Doyle Brinson 1824 Edgewater Drive PT3-LDRCH20-VIII.SEC1.G. PT3-LDR CH20-VIII.SEC2.A Fix patio roof and secure openings in building. 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21, 2008 Officer Herring presented the details of the violation. The City was recommending a compliance date of May 31, 2008, giving 10 days to correct the violations. The violations constituted a safety hazard. Motion Based on the testimony and evidence presented in Case #08-1042, Mr. Moyer moved that this Board find that Brenda L. Doyle Brinson is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violation on or before May 31, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $1 ,000 per day for each day the violation continues past May 31, 2008, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case # 08-1174 Location: Violation(s): Anthony & Irene Mazzucco 6 Dogwood Circle 10-2 B.B.C. or Ord. PT3-LDR.CH20-VIII.SEC1.G. PT3-LDR. CH20-VIII.SEC2.A Remove dank water from pool, secure house, remove blue tarp from roof. Officer Herring presented the details of the violation. The City was recommending a compliance date of May 31, 2008, giving 10 days to correct the violations. The violations constituted a safety hazard and there was a Lis Pendens pending. Motion Based on the testimony and evidence presented in Case #08-1174, Mr. Yerzy moved that this Board find that Anthony & Irene Mazzucco are in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondents correct the violations on or before May 31, 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 May 31, 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 unanimously passed. 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21, 2008 Case # 08-672 Location: Violation( s): Discount Auto Parts 1480 SW 8th Street BBA FBC '04105.1.1. PT3-LDRCH21 1 SEC5 Remove unpermitted signs from property and building. Prior sign permits now void. Skip Lewis, Senior Code Compliance Officer, presented the details of the violation. The City was recommending a compliance date of July 20, 2008, giving 60 days to correct the violations. Motion Based on the testimony and evidence presented in Case #08-672, Ms. Carroll moved that this Board find that Discount Auto Parts is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violations on or before July 20, 2008. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $250 per day for each day the violations continue past July 20, 2008, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that unanimously passed. Case # 08-1053 Location: Violation(s): John M. Bowden, III 710 NE 1st Street CH15-ART.IX-15-120(B) I Cut tree limbs hanging over sidewalk to a 10' minimum height. Mike Melillo, Senior Code Officer, presented the details of the violation. The City was recommending a compliance date of May 31, 2008, giving 10 days to correct the violations. The violation was a safety hazard and there was a vehicle up on blocks. Motion Based on the testimony and evidence presented in Case #08-1053, Mr. Himmelbaum moved that this Board find that John M. Bowden, III is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violation on or before May 31, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21, 2008 a fine in the amount of $100 per day for each day the violation continues past May 31, 2008, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case # 08-1061 Location: Violation(s): Kyle Smith & Joyce Catherine 710 NE 1 sl Street CH15-ART.IX-15-120(B) I Cut tree limbs hanging over sidewalk to a 10' minimum height. Officer Melillo, presented the details of the violation. The City was recommending a compliance date of May 31, 2008, giving 10 days to correct the violations. The violation was a safety hazard and there was a vehicle up on blocks. Motion Based on the testimony and evidence presented in Case #08-1061, Mr. Moyer moved that this Board find that Kyle Smith & Joyce Catherine are in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondents correct the violation on or before May 31, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $250 per day for each day the violation continues past May 31, 2008, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case # 08-1181 Location: Violation(s): 445 Boynton Holdings LLC 445 N. Federal Highway PT3-LDRCH20-VIII.SEC1.G Secure building garage and air conditioning hole. Officer Melillo, presented the details of the violation. The City was recommending a compliance date of May 31, 2008, giving 10 days to correct the violations. The Respondent was a repeat violator. Officer Melillo noted the garage door was open and there were several individuals residing there. 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21, 2008 Motion Based on the testimony and evidence presented in Case #08-1181, Mr. Yerzy moved that this Board find that 445 Boynton Holdings LLC is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violation on or before May 31, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $1,000 per day for each day the violation continues past May 31, 2008, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case # 08-1223 Location: Violation(s): Maria Prows 619 NE ih Ave. CH15-ART.IX-15-120(D) Inc. Mow grass and weed yard and swale. Officer Melillo presented the details of the violation. The City was recommending a compliance date of May 31, 2008, giving 10 days to correct the violations Motion Based on the testimony and evidence presented in Case #08-1223, Mr. Himmelbaum moved that this Board find that Maria Prows is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violation on or before May 31,2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $500 per day for each day the violation continues past May 31, 2008, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that unanimously passed. Case # 08-952 Location: Violation(s): Emmanuel & Jeannette Thomas 2601 NE 1st Street CH15-ART.IX-15-120(D) Inc. Replace broken windows. Mow grass, trim and remove trash from yard. 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21,2008 Vestiguerne Pierre, Senior Code Officer, presented the details of the violation. The City was recommending a compliance date of June 20, 2008 Mav 31. 2008, giving 30 days to correct the violations Motion Based on the testimony and evidence presented in Case #08-952, Mr. Himmelbaum moved that this Board find that Emmanuel & Jeannette Thomas are in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondents correct the violation on or before June 20, 2008 Mav 31. 2008. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $500 per day for each day the violation continues past May 31, 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 unanimously passed. Case # 08-977 Location: Violation(s): Thomas A. Agius 3350 Ocean Parkway CH15-ART.IX-15-120(D) Inc. CHP13-ART 1, SEC 13-16 Remove trash from yard. Repair screen. Renting residence requires Business Tax Receipt. Officer Pierre presented the details of the violation. The City was recommending a compliance date of June 5, 2008, giving 15 days to correct the violations. Officer Pierre reported there was no change in the condition of the property. Motion Based on the testimony and evidence presented in Case #08-977, Mr. Karageorge moved that this Board find that Thomas A. Agius is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violation on or before June 5, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $250 per day for each day the violation continues past June 5, 2008, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Moyer seconded the motion that unanimously passed. 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21, 2008 Case # 08-1119 Location: Violation(s): John McCain & Marcia Osowsky 350 NE 28th Court CHP13-ART 1, SEC 13-16 Renting residence requires Business T ax Receipt. Officer Pierre presented the details of the violation. The City was recommending a compliance date of May 31,2008, giving 10 days to correct the violations. Motion Based on the testimony and evidence presented in Case #08-1119, Mr. Moyer moved that this Board find that John McCain & Marcia Osowsky are in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondents correct the violation on or before May 31, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $150 per day for each day the violation continues past May 31, 2008, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case # 08-1245 Location: Violation(s): Gewinner W. Garrison, II 2505 NE 4th St. PT3-LDR.CH20-VIII.SEC1.G. Please secure property. Officer Pierre presented the details of the violation. The City was recommending a compliance date of May 31, 2008, giving 10 days to correct the violations. The doors were missing from both sides of the property and the windows were broken or missing. Additionally, homeless individuals were living in the dwelling. This violation was a safety hazard. Motion Based on the testimony and evidence presented in Case #08-1245, Mr. Himmelbaum moved that this Board find that Gewinner W. Garrison, II is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violation on or before May 31, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $1,000 per day for each day the violation continues past May 31, 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21,2008 2008, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case # 08-938 Location: Violation(s): Marie A, Marie C and Umen Sanon 124 SW 9th Ave. CHP13-ART 1, SEC 13-16 Renting residence requires Business Tax Receipt. Willie Webb, Senior Code Officer, presented the details of the violation. The City was recommending a compliance date of May 31, 2008, giving 10 days to correct the violations. Motion Based on the testimony and evidence presented in Case #08-938, Mr. Karageorge moved that this Board find that Marie A, Marie C and Umen Sanon are in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondents correct the violation on or before May 31, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $150 per day for each day the violation continues past May 31, 2008, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case # 08-1106 Location: Violation(s): Vertiles St. Aime 312 SW 5th Lane CH15-ART.IX-15-120(D) Inc. BBA FBC '04105.1.1. Remove outside storage items not actively used from view. Obtain permit installation of windows. Code Officer Webb presented the details of the violation. The City was recommending a compliance date of June 20, 2008, giving 30 days to correct the violations. Officer Webb noted the Respondent had submitted an application which was being reviewed. 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21, 2008 Motion Based on the testimony and evidence presented in Case #08-1106, Mr. Yerzy moved that this Board find that Vertiles St. Aime is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violation on or before June 20,2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $150 per day for each day the violation continues past June 20, 2008, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case # 08-1108 Location: Violation( s): Marie A. Murat 316 SW 5th Lane CH 15-ART.IX-15-120(D) Inc. Remove outside storage items not actively used from view. Code Officer Webb presented the details of the violation. The City was recommending a compliance date of June 20, 2008, giving 30 days to correct the violations. Motion Based on the testimony and evidence presented in Case #08-1108, Mr. Yerzy moved that this Board find that Marie A. Murat is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violation on or before June 20, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $250 per day for each day the violation continues past June 20, 2008, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Moyer seconded the motion that unanimously passed. Case # 08-1112 Location: Violation( s): David & Jane Kislak, TR 121 SW 5th Lane CH15-ART.IX-15-120(D) Inc. Remove trash and debris from view. 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21, 2008 Code Officer Webb presented the details of the violation. The City was recommending a compliance date of May 31, 2008, giving 10 days to correct the violations. It was noted the Respondents were repeat violators. Motion Based on the testimony and evidence presented in Case #08-1112, Mr. Himmelbaum moved that this Board find that David & Jane Kislak, TR is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violation on or before May 31, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $500 per day for each day the violation continues past May 31, 2008, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that unanimously passed. Case # 08-1115 Location: Violation( s): Iglad Naurelus & Marie Volcy 216 SW 5th Lane CH15-ART.IX-15-120(D) 1 Inc. CH 15-ART.IX-15-120(E) Inc. Repair garage door and remove loose trash and debris. Code Officer Webb presented the details of the violation. The City was recommending a compliance date of May 31, 2008, giving 10 days to correct the violations. Motion Based on the testimony and evidence presented in Case #08-1115, Mr. Karageorge moved that this Board find that Iglad Naurelus & Marie Volcy are in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondents correct the violation on or before May 31, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $500 per day for each day the violation continues past May 31, 2008, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case # 08-1210 Location: Evanette Cyrisque 431 SW 9th Lane 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21, 2008 Violation( s): CH15-ART.IX-15-120(D) 1 Inc. CH15-ART.IX-15-120(E) Inc. Mow property and trim overgrowth. Remove loose trash and debris and dead palm tree. Replace broken windows and obtain Business Tax Receipt for rental of residence. Code Officer Webb presented the details of the violation. The City was recommending a compliance date of May 31, 2008, giving 10 days to correct the violations. Motion Based on the testimony and evidence presented in Case #08-1210, Mr. Moyer moved that this Board find that Evanette Cyrisque is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violations on or before May 31, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $500 per day for each day the violation continues past May 31, 2008, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that unanimously passed. Case # 08-1225 Location: Violation(s): M. St. Forte and A. Beaufrere 1016 SW 2nd St. PT3-LDR. CH20-VIII.SEC2. G CHP13-ART 1, SEC 13-16 Every habitable room must have two means of escape during emergencies. Remove storm shutters. Business Tax Receipt is required for rental of residence. Code Officer Webb presented the details of the violation. The City was recommending a compliance date of May 31, 2008, giving 10 days to correct the violations. The violation constitutes a safety hazard. Motion Based on the testimony and evidence presented in Case #08-1225, Mr. Moyer moved that this Board find that M. St. Forte and A. Beaufrere are in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondents correct 28 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21, 2008 the violations on or before May 31, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $500 per day for each day the violation continues past May 31, 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 unanimously passed. Senior Code Officer Pierre recommended the following cases be certified in the amount of $50: Case #08-585 Daniel J. Rose 2604 NE 3rd St. Motion Based on the testimony and evidence presented in Case #08-585, Mr. Moyer moved that this Board find that the Respondent has not complied with this Board's Order dated April 16, 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 $50 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. Himmelbaum seconded the motion that unanimously passed. Case #08-235 C. Prescott TR & Seacrest Trust 3612 S. Seacrest Blvd. Motion Based on the testimony and evidence presented in Case #08-235, Mr. Moyer moved that this Board find that the Respondents have not complied with this Board's Order dated April 16, 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 $50 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. Himmelbaum seconded the motion that unanimously passed. Case #08-338 Joseph Viergeulna & Maria Peteon 344 SW 6th Ave. Motion Based on the testimony and evidence presented in Case #08-338, Mr. Moyer 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 29 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21, 2008 $50 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. Himmelbaum seconded the motion that unanimously passed. Senior Code Officer Pierre recommended the following cases be certified in the amount of $100: Case #08-944 Florida 4C Prop 2508 N. Federal Hgwy. Motion Based on the testimony and evidence presented in Case #08-944, Mr. Himmelbaum moved that this Board find that the Respondent has not complied with this Board's Order dated April 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 $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. Senior Code Officer Pierre recommended the following cases be certified in the amount of $150: Case #08-250 Claudia M. Lecompte & Frederico S. Steixner 318 SW 13th Ave. Motion Based on the testimony and evidence presented in Case #08-250, 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 Respondents, that this Board impose and certify a fine in the amount of $150 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Code Officer Pierre recommended the following cases be certified in the amount of $500: Case #08-803 Jon Paul & Cristina Brancato 96 Vitrus Park Lane Motion Based on the testimony and evidence presented in Case #08-803, Mr. Foot moved that this Board find that the Respondents have not complied with this Board's Order dated 30 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21,2008 April 16, 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 certification of fine. Mr. Karageorge seconded the motion that unanimously passed. Case #08-542 Vagunice Estiverne 651 SW 2nd Ave. Motion Based on the testimony and evidence presented in Case #08-542, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated April 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 $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. Karageorge seconded the motion that unanimously passed. Case #08-696 Medeus Maratha Johnnie Grimes 240 NE 13th Ave. Motion Based on the testimony and evidence presented in Case #08-696, Mr. Foot moved that this Board find that the Respondents have not complied with this Board's Order dated April 16, 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 certification of fine. Mr. Karageorge seconded the motion that unanimously passed. Code Officer Pierre recommended the following cases be certified in the amount of $1,000: Case #08-711 Valerie Brinks 906 SW 27th Ave. Motion Based on the testimony and evidence presented in Case #08-711, Mr. Moyer moved that this Board find that the Respondent has not complied with this Board's Order dated April 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 $1,000 per day plus administrative costs which shall continue to accrue until the Respondent 31 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21,2008 comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Yerzy seconded the motion that unanimously passed. Case #08-402 Ultick & Yvonne Joseph 3180 E. Atlantic Dr. Motion Based on the testimony and evidence presented in Case #08-402, Mr. Moyer moved that this Board find that the Respondents have not complied with this Board's Order dated April 16, 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 $1,000 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 #08-554 Avril Dierita 601 SW 3rd Ct. Motion Based on the testimony and evidence presented in Case #08-554, Mr. Moyer moved that this Board find that the Respondent has not complied with this Board's Order dated April 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 $1,000 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Yerzy seconded the motion that unanimously passed. Code Officer Pierre recommended the following cases be certified at "No Fine": Case #07-62 Diane Marie Dalelio 230 NE 26th Ave. 306 Motion Based on testimony and evidence presented in Case # 07-62, Mr. Karageorge moved that this Board find that the Respondent, Diane Marie Dalelio, 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 21, 2007, and in consideration of the gravity of the violations and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent that this Board impose and certify "No Fine." Mr. Yerzy seconded the motion that unanimously passed. Case #07-2471 Socorro Mendoza 418 NW 7th St. 32 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21,2008 Motion Based on testimony and evidence presented in Case #07-2471, Mr. Karageorge moved that this Board find that the Respondent, Socorro Mendoza ,was in violation of the City of Boynton Beach Code Sections as cited subsequent to the date of compliance specified in the Board's Order of December 19, 2007, and in consideration of the gravity of the violations and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent that this Board impose and certify "No Fine." Mr. Yerzy seconded the motion that unanimously passed. Case #07-3515 Rose A. Joaseus 465 SW 3rdAve. Motion Based on testimony and evidence presented in Case #07-3515, Mr. Karageorge moved that this Board find that the Respondent, Rose A. Joaseus, 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. Yerzy seconded the motion that unanimously passed. Case #07-3074 Vilaire Riche & Marie Meranvil 149 NE 16th Ave. Motion Based on testimony and evidence presented in Case #07-3074, Mr. Karageorge moved that this Board find that the Respondents, Vilaire Riche & Marie Meranvil, 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 December 19, 2007, and in consideration of the gravity of the violations and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents that this Board impose and certify "No Fine." Mr. Yerzy seconded the motion that unanimously passed. Case #08-302 Vincent Poole 211 NE 16th Ct. Motion Based on testimony and evidence presented in Case #08-302, Mr. Karageorge moved that this Board find that the Respondent, Vincent Poole, 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 33 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21, 2008 previous violations of the Respondent that this Board impose and certify "No Fine." Mr. Yerzy seconded the motion that unanimously passed. Case #08-494 Jeanne Araia 311 NE 15th Ct. Motion Based on testimony and evidence presented in Case #08-494, Mr. Karageorge moved that this Board find that the Respondent, Jeanne Araia, was in violation of the City of Boynton Beach Code Sections as cited subsequent to the date of compliance specified in the Board's Order of April 16, 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. Yerzy seconded the motion that unanimously passed. Case #08-881 Euvard Henrys 1601 NE 2nd Ct. Motion Based on testimony and evidence presented in Case #08-881, Mr. Karageorge moved that this Board find that the Respondent, Euvard Henrys, was in violation of the City of Boynton Beach Code Sections as cited subsequent to the date of compliance specified in the Board's Order of April 16, 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. Yerzy seconded the motion that unanimously passed. Case #08-515 Edoris Maddox 614 NW 5th St. Motion Based on testimony and evidence presented in Case #08-515, Mr. Karageorge moved that this Board find that the Respondent, Edoris Maddox ,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. Yerzy seconded the motion that unanimously passed. Case #08-516 Isidora R. Johnson 608 NW 5th St. 34 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21,2008 Motion Based on testimony and evidence presented in Case #08-516, Mr. Karageorge moved that this Board find that the Respondent, Isidora R. Johnson, 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. Yerzy seconded the motion that unanimously passed. Case #08-77 Ricardo F. Marchensini 916 S. Seacrest Blvd. Motion Based on testimony and evidence presented in Case #08-77, Mr. Karageorge moved that this Board find that the Respondent, Ricardo F. Marchensini, 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. Yerzy seconded the motion that unanimously passed. Case #08-524 Raul E. Estrada 440 SW 4th Ave. Motion Based on testimony and evidence presented in Case # 08-524, Mr. Karageorge moved that this Board find that the Respondent, Raul E. Estrada, was in violation of the City of Boynton Beach Code Sections as cited subsequent to the date of compliance specified in the Board's Order of April 16, 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. Yerzy seconded the motion that unanimously passed. Case #08-957 US Bank National Assoc. TR 419 SW 4th Ave. Motion Based on testimony and evidence presented in Case #08-957, Mr. Karageorge moved that this Board find that the Respondent, US Bank National Assoc. TR, was in violation of the City of Boynton Beach Code Sections as cited subsequent to the date of compliance specified in the Board's Order of April 16, 2008, and in consideration of the gravity of the violations and the actions taken by the Respondent to remedy the 35 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21, 2008 violations and the previous violations of the Respondent that this Board impose and certify "No Fine." Mr. Yerzy seconded the motion that unanimously passed. Code Officer Pierre recommended Case #08-346 be tabled to June 18, 2008. Case #08-346 Maudira & Zelima Delhomme 805 NW 6th Ave. Motion Mr. Moyer moved that Case #08-346 be tabled until the Code Compliance Board meeting to be held on June 18, 2008. Mr. Himmelbaum seconded the motion that unanimously passed. Adiournment There being no further business to discuss, the meeting properly adjourned at 8:44 p.m. C{WVUJ~ ClvvLLL Catherine Cherry 0 Recording Secretary 052308 36