Loading...
Minutes 06-18-08 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, JUNE 18, 2008, AT 7:00 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Richard Yerzy, Vice Chair Kathleen Carroll Robert Foot Scott Blasie, Code Compliance Administrator David Tolces, Assistant City Attorney ABSENT: Canaan Himmelbaum Mark Karageorge I. Call to Order Chair Costantino called the meeting to order at 7:00 p.m. II. Approval of Agenda Pete Roy, Chief Code and Rehabilitation Officer, announced the following cases had complied: Case #08-1505 and Case 08-1445. Motion Vice Chair Yerzy moved to accept the agenda as amended. Ms. Carroll seconded the motion that passed unanimously. Inspector ~~cCrJY, Officer Roy advised that page 2, Case #07-2347 was removed. Motion Ms. Carroll moved to remove page 2 from the agenda. Mr. Yerzy seconded the motion that passed unanimously. III. Approval of May 21, 2008 Minutes Mr. Foot requested consideration of the minutes be tabled for a month, as Diane Springer, Code Compliance Coordinator, did not have certain information. Meeting Minutes Code Compliance Board Boynton Beach, Florida June 18, 2008 Motion Mr. Foot moved to table the consideration of the minutes of the meeting of May 21, 2008 until the next regular meeting. Mr. Yerzy seconded the motion that passed unanimously. IV. Swearing in of Witness and Introduction Attorney Tolces explained the hearing procedure and administered the oath to all who would be testifying. Attorney Tolces pointed out there were two lien reduction items on the agenda, Pascual Francisco and Juana Juan Pasqual, and Leopold and Dalicia Bertrand. In order to have the liens reduced during the meeting tonight, a unanimous vote of the board would be necessary, as only four members were present. The Respondents could elect to go forward with the lien reduction or return next month when a full board was anticipated. V. New Business Inspector ~1cCrJY Officer Roy called the roll and determined who was present. Case No. 08-1389 Location: Violation( s): Christin Demesmin 10 Crossings Circle, G CH15-ART.IX-15-120(D) Inc. Repair water leak from unit and water damage at Unit C, Crossing Circle. Courtney Cain, Code Officer, advised service was effectuated by certified mail. The Respondent was present. Christin Demesmin, 10 Crossings, Circle G, pled no contest. He advised work was in progress to cure the violations, and believed he could comply within thirty days. Motion Based on the testimony and evidence presented in Case #08-1389, Mr. Yerzy moved that this Board find that Christin Demesmin 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 18, 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 violation continues past July 18, 2008 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 18, 2008 inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that unanimously passed. Case #08-1319 Location: Violation(s): John Van De Warker 135 SW 1st Avenue BBA FBC '04 105.1.1. Interior remodeling and alteration Work performed without a permit. Obtain licensed contractors andpermits. See copy of reg tag. JehR HerriRg, Code Officer Lunev Guillaume. Code Compliance Inspector, advised, the initial inspection date was May 1, 2008. Service was effectuated by certified mail. The Respondent was given 10 days to comply. Officer Herring met with the Respondent and advised what was necessary to cure the violations. John Van De Warker, 312 SW 11th Avenue, pled no contest, and believed he could comply in 45 days. He had removed the fence, hired an electrician to do the demolition work, and received the estimate for the window violation. If he was required to hire another general contractor, he would require additional time. The first general contractor inspected the premises but had not responded to any telephone calls. Chair Costanino asked Officer Herring whether he would have any objection to tabling the item, and Officer Herring replied that he would have no objection. It was suggested the crux of the issue was the permit. The Respondent had not advised of any steps to obtain a permit. Mr. Van De Warker spoke to Jim Priest, Electrical Planning Review Analyst for the City, with regard to the wiring, and was in the process of obtaining a permit. Officer Herring read the red tag notice which indicated the interior remodeling and alterations including walls, plumbing and electrical, were done without first obtaining permits. The general contractor would be needed for the walls and a subcontractor for the plumbing. Discussion ensued as to the advantage of tabling the matter, as opposed to giving the Respondent 45 days or two months to comply. It was asked of Attorney Tolces whether the Respondent would be required to appear before the board if an item was tabled for 45 days and the matter was satisfied within that timeframe. Attorney Tolces explained if the case was tabled to the July meeting, and the Respondent complied prior thereto, the case would be placed on the agenda, but would probably be deleted during agenda 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 18, 2008 approval. If the board moved to enter an order and the Respondent complied, the case would be dismissed. If he did not comply, the fine would begin to run. Officer Herring noted it was important the Respondent have all properly licensed contractors working on his duplex property. Motion Based on the testimony and evidence presented in Case #08-1319, Mr. Foot moved that this Board find that John Van De Warker 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 August 17, 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 August 17, 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 #08-774 ATM Trading Inc. - Kwik Stop 524 Gateway Blvd. Scott Blasie, Code Compliance Administrator, advised the violation was for the non- payment of false alarm fines. The Respondent did pay the fines, and staff recommended the board certify "No Fine. II Motion Based on testimony and evidence presented in Case #08-774, Mr. Foot moved that this Board find that the Respondent, ATM Trading Inc. - Kwik Stop, 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 #08-1181 445 Boynton Holdings LLC 445 N. Federal Hwy. Officer Roy advised the Notice of Violation date was April 16, 2008. The Respondent was ordered to secure the building. The case came before the board on May 21, 2008, and no one appeared. The compliance date and proposed fine set by the board was May 31, 2008, or $1,000 per day. The date complied was June 9, 2008, and the number of days for non compliance was eight days. A representative for the Respondent was present. 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 18, 2008 Don Thomas, 400 NE Olive Way, Boca Raton, noted he was the principal of the owner, 45 Boynton Holdings LLC. He met his contractor on the site on the deadline for compliance. It was necessary for the contractor to return to the site twice in order to secure the building. Mr. Thomas would be appearing before the board in the next 30 days on a lien reduction. He hired a contractor and most of the demolition permitting had been completed. The City would be disconnecting the water and sewer, and it was anticipated the building would be demolished in 10-15 days. He offered to pay administrative costs and requested the board abate the fine or issue a "No Fine," on the condition the building would be demolished within 30 days. Mr. Blasie verified there were two liens on the property, one for approximately $300 and the other for $1,000, as the roof was damaged by Hurricane Wilma and had to be replaced. The $1,000 fine was still running. Mr. Blasie advised the utilities had been disconnected and the asbestos surveys were completed. In light of all the problems endured by the Respondent and his attempt to comply, Mr. Blasie did not advocate a fine be issued. Officer Roy noted the building had been secured but there had been eight days of non- compliance. Mr. Thomas did attempt to comply, and the building would be demolished. As such, Officer Roy recommended no find. Motion Based on testimony and evidence presented in Case #08-1181, Ms. Carroll moved that this Board find that the Respondent, 445 Boynton Holdings LLC, was in violation of the City of Boynton Beach Code Sections as cited, subsequent to the date of compliance specified in this Board's Order of May 21, 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 $634.12, which are the administrative costs. Mr. Foot seconded the motion that unanimously passed. Case #01-216 Leopold and Dalicia Bertrand 2200 NE 2ND Street Attorney Tolces advised the case was a lien reduction request. The Respondents were asked if they wished to proceed. The Respondents, Leopold and Dalicia Bertrand, advised they would wait for a full board. Attorney Tolces recommended the board table Case #01-216 to the next meeting. Motion Mr. Foot moved that Case #01-216 be tabled until the Code Compliance Board meeting to be held on July 16, 2008. Mr. Yerzy seconded the motion that unanimously passed. 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 18, 2008 Case #08-938 Marie and Sanon Est. and Marie C. and Umen Sanon 124 SW 9th Avenue Luney Guillaume, Code Compliance Inspector, advised the Notice of Violation date was March 21, 2008, and the Respondents were required to obtain a business tax receipt. The board hearing date was May 21, 2008, and no one appeared. The compliance date and proposed fine set by the board was May 31, 2008, or $150 per day. The violation still existed, with 17 days of non-compliance. Umen Sanon, 124 SW 9th Avenue, provided her name and address for the record. Guerson Lorrissaint, 128 NE 11th Avenue, translated for Ms. Sanon, who advised she had not obtained a business tax receipt as she was not renting to anyone. She was the owner of, and resided at, the property. Her cousin, uncle and sister resided at the home and while were not paying rent, they were paying for electricity. As Officer Webb was not present, and Ms. Sanon may have complied, Attorney Tolces suggested the board may want to continue the case until the next meeting; however, Ms. Sanon needed to be aware the fine would continue to run. Motion Mr. Foot moved that Case #08-938 be tabled until the Code Compliance Board meeting to be held on July 16, 2008. Mr. Yerzy seconded the motion that unanimously passed. Case #08-353 Guerson and Beatrice Lorrissaint 128 NE 11th Avenue CH 15-ART.IX-15-120(D) Inc. Repair fence. Remove unregistered and inoperable vehicle in back yard. Location: Violation( s): Inspector ~~cCrJY Officer Roy presented the case and reviewed the details of the violations. The initial inspection was completed on January 31, 2008. Proof of service was effectuated by posting at City Hall and by certified mail. Mr. Lorrissaint was granted an extension; however, the violation still existed. Inspector ~~cCrJY Officer Roy provided photographs of the fence. Guerson Lorrissaint, 128 NE 11th Avenue, pled no contest. The fence was damaged from the last hurricane and he could not afford to replace all of the panels, many of 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 18, 2008 which were stolen after the hurricane. The Respondent had not removed the pole, as suggested by the Inspector. The vehicle was not registered, did not have a current tag, and was operating improperly. The Respondent advised he could remove the pole over a weekend, and indicated he might have to donate the vehicle. Motion Based on the testimony and evidence presented in Case #08-353 , Mr. Yerzy moved that this Board find that Guerson and Beatrice Lorrissaint 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 July 18, 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 $150 per day for each day the violation continues past July 18, 2008 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that passed 3-1 (Ms. Carroll dissenting). Case #08-1115 Iglad Naurelus and Marie Volcy 216 SW 5th Avenue Officer CJin Inspector Guillaume presented the case and reviewed the details of the violations which required the garage door to be repaired and the removal of trash and debris. The Notice of Violation date was April 10, 2008. The Code Compliance Board hearing date was May 21, 2008, and no one appeared. The compliance date and proposed fine set by the board was May 31, 2008 or $500 per day. The violation still exists, and there were 17 days of non-compliance. Officer Cain provided photographs and advised Mr. Naurelus was present. Iglad Naurelus, 216 SW 5th Avenue, advised Officer Webb last month that he could not attend the Code Compliance Board hearing as he had an emergency. He had the garage door repaired, but it still was not operating properly. Officer Webb advised Mr. Naurelus the garage door would have to be replaced. Mr. Naurelus obtained quotes from Lowe's and Home Depot, ($275 and $375 plus labor), but he could not afford either price. Mr. Naurelus requested more time to resolve the issue. Chair Costantino noted the fines currently totaled $8,500 plus $634.12 in administrative costs, which was more costly than repairing the door. It was noted the $500 fee was imposed during the lightning round, and there was no discussion. 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 18, 2008 Motion Based on the testimony and evidence presented in Case #08-1115, Mr. Yerzy moved that this Board find that the Respondents have not complied with this Board's Order dated May 21, 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. Foot seconded the motion that unanimously passed. Chair Costantino advised Mr. Naurelus the fine was certified and he would receive notice that a lien was placed on the property. It was suggested if Mr. Naurelus had any complaints regarding the board's actions, he could seek relief through the courts. Additionally, he was directed to contact the Code Officer when the garage door was repaired and the trash and debris had been removed. The property would then be inspected, and Mr. Naurelus could come back before the board and request a lien reduction. Case #07-3227 Location: Violation( s): Wellesley at Boynton Beach 1705 Meadows Blvd. Rec. PT3-LDR. CHAPTER 4 SEC.ll PT3-LDR.CH7.5-II. SEC5.B. Bring property back to the original site plan on file with the City (i.e., proper landscape). Call Kevin Hallahan for instruction. Officer Herring requested the matter be tabled to June 20, 2008 August 20, 2008. Motion Ms. Carroll moved that Case #07-3227 be tabled until the Code Compliance Board meeting to be held on August 20, 2008. Mr. Yerzy seconded the motion that unanimously passed. Case #08-1470 Antonio Storzieri (Smith, Haiatt & Diaz, P.A.) 710 SW 27th Terrace 10-2 B.B.C. of Ord. Mow overgrown yard. Location: Violation( s): 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 18, 2008 Inspector Guillaume presented the case and reviewed the details of the violations. The initial inspection was completed on May 19, 2008. Service was effectuated by posting of the notice. The City recommended 10 days, until June 28, 2008 to comply. Motion Based on the testimony and evidence presented in Case #08-1470, Ms. Carroll moved that this Board find that Antonio Storzieri 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 28, 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 violation continues past June 28, 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. Location: Violation( s): Marie Muselaire and Nicaisse Eusetache (Law Offices of David Stern) 125 SE 2ih Place CH15-ART.IX-15-120(D) l.E Mow overgrown yard. Case #08-1507 Inspector Guillaume presented the case and reviewed the details of the violations. The initial inspection was completed on May 21, 2008. Service was effectuated by posting of notice. The City recommended 10 days, until June 28, 2008 to comply. Motion Based on the testimony and evidence presented in Case #08-1507, Ms. Carroll moved that this Board find that Marie Muselaire and Nicaisse Eusetache 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 June 28, 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 violation continues past June 28, 2008 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that unanimously passed. 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 18, 2008 Case #08-1299 Location: Violation(s): Lus Barrera 190 NE lih Avenue CH15-ART.lX-15-120(D) Inc. 10-2 B.B.C. of Ord. Remove all trash and debris from yard. Remove furniture from front porch. Repair shed in rear yard, or remove it. Officer Cain presented the case and reviewed the details of the violations. The initial inspection was completed on April 30, 2008. Service was effectuated by certified mail. The City recommended 10 days, until June 28, 2008 to comply. Motion Based on the testimony and evidence presented in Case #08-1299, Mr. Foot moved that this Board find that Lus Barrera 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 28, 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 28, 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 #08-1440 Location: Violation( s): Eddy and Monique Jean 2133 NE 3rd Court LDR CH 20 SEC 1(H)(5) Have all bees removed from property . Officer Cain requested the board abate the nuisance, a beehive, which was next to a day care center and not commercial property. Attorney Tolces recommended two motions; one motion for the board order imposing a daily fine, and the other to request the City take any necessary action to abate the nuisance on the property. If the City so desired, it could provide notice to the property owner. If the property owner did not abate the nuisance, the City could hire its own contractor to abate the nuisance and impose a lien for the costs. 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 18, 2008 Motion Based on the testimony and evidence presented in Case #08-1440, Mr. Foot moved that this Board find that Eddy and Monique Jean 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 July 3, 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 violation continues past July 3, 2008 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that unanimously passed. Motion Mr. Foot moved that the City be asked to abate the condition if the Respondents have not taken action by July 3, 2008. Mr. Yerzy seconded the motion that passed unanimously. Location: Violation( s): David and Fernande Pierre Louis 22 Heather Cove Drive PT3-LDR.CH20-VIII.5EC2.A PT3-LDR.CH20-VIII.SEC1.G. LDR CH 20 ART 1 SEC8 E-16 Repair broken window. Place 4" numbers on building to be visible from the City street. Case #08-1173 Officer Herring presented the case and reviewed the details of the violations. The initial inspection was completed on April 15, 2008. Service was effectuated by posting of the notice. The City recommended 10 days, until June 28, 2008 to comply. Motion Based on the testimony and evidence presented in Case #08-1173 , Mr. Yerzy moved that this Board find that David and Fernande Pierre Louis 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 June 28, 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 28, 2008 plus administrative costs shall be imposed. The Respondents are further ordered 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 18, 2008 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 #08-1208 Robert Domenick (Law Office of Marshall C. Watson) 2316 SW 23rd Cranbrook Drive 10-2 B.B.C. of Ord. Remove all dank (black/green) water from pool. Location: Violation(s): Officer herring presented the case and reviewed the details of the violations. The initial inspection was completed April 24, 2008. Service was effectuated by certified mail. The City recommended 10 days, until June 28, 2008 to comply. Officer Herring was advised the house was unoccupied and was in foreclosure. Motion Based on the testimony and evidence presented in Case #08-1208 , Mr. Foot moved that this Board find that Robert Domenick 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 28, 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 28, 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 #08-1276 Location: Violation( s): Marie Pierre 1111 NW ih Court CH15-ART.IX-15-120(D) Inc. CH15-ART.lX-15-120(E) Inc. 424.2.17.1.1 Through 10 Secure pool with proper barrier (replace fence, etc.). Restore pool water to a sanitary condition. Remove all outdoor stored refrigerators, trash and debris. Mow overgrown weeds, etc. Remove inoperable vehicles from the property. 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 18, 2008 Officer Herring presented the case and reviewed the details of the violations. The initial inspection date was completed on April 29, 2008. Service was effectuated by posting of notice. The City recommended 30 days, until July 18, 2008, for compliance. The board members inquired why a period 30 days was recommended. Officer Herring advised the Respondent complied with the violations with the exception of the unsanitary (green) pool and the removal of the two cement mixers. It was his understanding the pool was secured with a proper barrier. Officer Herring provided recent photographs. Motion Based on the testimony and evidence presented in Case #08-1276, Mr. Yerzy moved that this Board find that Marie Pierre 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 18, 2008. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $250 per day for each day the violation continues past July 18, 2008 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case #08-1277 Location: Violation( s): Lisette Linares 644 NW 1st Avenue CH15-ART.lX-15-120(D) 1 Inc. CH15-ART.lX-15-120(E) Inc. 424.2.17.1.1 Through 10 Secure pool. Repair wooden fence and pool enclosure screening. Restore lawn to a green appearance. Mow and trim overgrown weeds and grass. Remove trash and debris from all yard areas. Drain pool completely or maintain water in a sanitary condition. Officer Herring presented the case and reviewed the details of the violations. The initial inspection date was completed on April 28, 2008. Service was effectuated by posting of notice. The pool had not been secured, nor had any of the violations been cured. The City recommended 15 days, until July 3, 2008, for compliance. 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 18, 2008 Motion Based on the testimony and evidence presented in Case #08-1277, Mr. Foot moved that this Board find that Lisette Linares 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 3, 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 July 3, 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 #08-1343 Location: Violation( s): Randell, Jr. and Lillie Q. Head 212 NE 12th Avenue CH15-ART.IX-15-120(D) Inc. Remove or register all motor vehicles. Inspector ~~cCrJ'( Officer Roy presented the case and reviewed the details of the violations. The initial inspection was completed on May 6, 2008. Service was effectuated by posting of the notice. The City recommended 10 days, until June 28, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-1343 , Ms. Carroll moved that this Board find that Randell, Jr. and Lillie Q. Head 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 June 28, 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 $150 per day for each day the violation continues past June 28, 2008 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that unanimously passed. 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 18, 2008 Location: Violation( s): Gewinner W. Garrison, II (Echevarria, Codilis & Stawiarsk) 2505 NE 4th Street CH15-ART.lX-15-120(D) Inc. Mow yard. Case #08-948 Officer Cain presented the case and reviewed the details of the violations. The initial inspection was completed on March 21, 2008. Service was effectuated by posting of the notice. The City recommended 10 days, until June 28, 2008, for compliance. It was noted the property was in foreclosure and the Respondent was a repeat violator. Motion Based on the testimony and evidence presented in Case #08-948, Ms. Carroll moved to find that Gewinner W. Garrison, II is in violation of City of Boynton Beach Code Section(s) as cited, and moved to order that the Respondent correct the violation(s) on or before June 28, 2008. Based on the evidence presented in this case, the Board finds a repeat violation of the Code Section as cited. Having also considered the gravity of the violations, the actions take by the Respondent, the board hereby orders that should the Respondent fail to comply with this order, a fine in the amount of $100 per day, shall be imposed for each day the violation continues past June 28, 2008 plus administrative costs. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this order. Mr. Foot seconded the motion that passed unanimously. Case #08-1256 Location: Violation( s): Douglas M. Feeley 331 NE 24th Ave. CH15-ART.lX-15-120(D) Inc. Remove debris from carport. Mow yard and weed driveway. Officer Cain presented the case and reviewed the details of the violations. The initial inspection was completed on April 29, 2008. Service was effectuated by posting of the notice. The City recommended 15 days, until July 3, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-1256, Mr. Yerzy moved to find that Douglas M. Feeley is in violation of City of Boynton Beach Code Section(s) as cited, and moved to order that the Respondent correct the violation(s) on or before July 3, 2008. Based on the evidence presented in this case, the Board finds a repeat 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 18, 2008 violation of the Code Section as cited. Having also considered the gravity of the violations, the actions take by the Respondent, the board hereby orders that should the Respondent fail to comply with this order, a fine in the amount of $150 per day, shall be imposed for each day the violation continues past July 3, 2008 plus administrative costs. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this order. Mr. Foot seconded the motion that passed unanimously. Case #08-1096 Location: Violation(s): Josephine Daffin 315 NW 10th Avenue CH15-ART.lX-15-120(D) Inc. Remove all trash, debris and car parts from property. Install sod in yard. Inspector ~~cCrJ'( Officer Roy presented the case and reviewed the details of the violations. The initial inspection was completed on April 11, 2008. Service was effectuated by certified mail. The City recommended 60 days, until August 17, 2008, for compliance, as the Respondent was in the process of curing the violations. The rain improved the appearance of the grass, and most of the trash had been removed. The Respondent was a repeat violator. Motion Based on the testimony and evidence presented in Case #08-1096, Ms. Carroll moved to find that Josephine Daffin is in violation of City of Boynton Beach Code Section(s) as cited, and moved to order that the Respondent correct the violation(s) on or before August 17, 2008. Based on the evidence presented in this case, the Board finds a repeat violation of the Code Section as cited. Having also considered the gravity of the violations, the actions take by the Respondent, the board hereby orders that should the Respondent fail to comply with this order, a fine in the amount of $100 per day, shall be imposed for each day the violation continues past August 17, 2008 plus administrative costs. 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 #08-533 Location: Violations( s): Joann Zalesky 421 SW 8th Avenue CH15-ART.lX-15-120(D) 1 Inc. Storage of unlicensed and inoperable vehicles in a residential zone is not 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 18, 2008 allowed. Repair and register vehicle or remove it. Inspector Guillaume presented the case and reviewed the details of the violations. The initial inspection was completed on February 19, 2008. Service was effectuated by posting of the notice. The City recommended 15 days, until July 3, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-533 , Mr. Foot moved that this Board find that Joann Zalesky 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 3, 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 July 3, 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 #08-1110 Carlo Dareus and Ernst Renelique 337 SW 15th Lane CH15-ART.IX-15-120(D) 1 Inc. Repair driveway and trim bushes. Location: Violation(s): Inspector Guillaume presented the case and reviewed the details of the violations. The initial inspection was completed on April 10, 2008. Service was effectuated by certified mail. The City recommended 15 days, until July 3, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-1110 , Ms. Carroll moved that this Board find that Carlo Dareus and Ernst Renelique 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 July 3, 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 violation continues past July 3, 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 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 18, 2008 re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that unanimously passed. Case #08-1279 Timothy Pardo (Florida Default Law Group) 134 SE 11th Avenue CH15-ART.IX-15-120(D) 1 Inc. Property must be mowed and free of all loose trash and debris. Location: Violation(s): Inspector Guillaume presented the case and reviewed the details of the violations. The initial inspection was completed on April 28, 2008. Service was effectuated by certified mail. The City recommended 15 days, until July 3, 2008, for compliance. The property was in foreclosure. Motion Based on the testimony and evidence presented in Case #08-1279, Mr. Foot moved that this Board find that Timothy Pardo 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 3, 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 July 3, 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 #08-1377 Location: Violation(s): Alice J. Blackford 131 W. Ocean Avenue CH15-ART.lX-15-120(D) 1 Inc. Remove unlicensed and inoperable vehicle from residential zone. Inspector Guillaume presented the case and reviewed the details of the violations. The initial inspection was completed on May 7, 2008. Service was effectuated by posting of the notice. The City recommended 15 days, until July 3, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-1377, Mr. Yerzy moved that this Board find that Alice J. Blackford is in violation of the City of Boynton Beach 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 18, 2008 Code Sections cited and moved to Order that the Respondent correct the violations on or before July 3, 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 July 3, 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 #08-1414 Location: Violation(s): Delores A. pongetti 453 SW 3rd Avenue CH15-ART.lX-15-120(D) 1 Inc. LDR CH 20 ART 1 SEC8 E-16 Property must be mowed, overgrowth trimmed and free of all loose trash and debris. Place 4" numbers on building to be visible from City street. Remove all outside storage of items not actively being used from public view. Inspector Guillaume presented the case and reviewed the details of the violations. The initial inspection was completed on May 12, 2008. Service was effectuated by certified mail. The City recommended 15 days, until July 3, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-1414, Mr. Foot moved that this Board find that Delores A. Pongetti 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 3, 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 July 3, 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. Inspector ~~cCrJY Officer Roy requested the following cases be certified in the amount of $100 per day: 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 18, 2008 Case #08-1015 Luanna M. Azzarito 2950 S. Seacrest Blvd. Motion Based on the testimony and evidence presented in Case #08-1015, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated May 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 $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. Ms. Carroll seconded the motion that unanimously passed. Case #08-1053 John M. Bowden, III 710 NE 1st Street Motion Based on the testimony and evidence presented in Case #08-1053, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated May 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 $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. Ms. Carroll seconded the motion that unanimously passed. Case #07-3555 Constance S. Lassiter 550 NW 12th Avenue Motion Based on the testimony and evidence presented in Case #07-3555, 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 $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. Ms. Carroll seconded the motion that unanimously passed. Inspector ~1cCrJ'( Officer Roy requested the following case be certified in the amount of $150 per day: 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 18, 2008 Case #08-1017 Fremond Investment. Loan 3315 S. Seacrest Blvd. Motion Based on the testimony and evidence presented in Case #08-1017, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated May 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 $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. Ms. Carroll seconded the motion that unanimously passed. Inspector ~1cCrJ'f Officer Roy requested the following cases be certified in the amount of $250 per day: Case #08-538 Siobhan Petrillo 931 Sunset Road Motion Based on the testimony and evidence presented in Case #08-538, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated May 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. Yerzy seconded the motion that unanimously passed. Case #08-1061 Kyle Smith and Katherine Joyce 647 South Road Motion Based on the testimony and evidence presented in Case #08-1061, Ms. Carroll moved that this Board find that the Respondents have not complied with this Board's Order dated May 21, 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 $250 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. Inspector ~1cCrJ'( Officer Roy requested the following case be certified in the amount of $500 per day: 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 18, 2008 Case #08-1210 Evanette Cyrisque 431 SW 9th Avenue Motion Based on the testimony and evidence presented in Case #08-1210, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated May 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 $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. Inspector ~~cCrJ'f Officer Roy requested the following cases be certified in the amount of $1,000 per day: Case #08-1042 Brenda L. Doyle Brinson 1824 Edgewater Drive Motion Based on the testimony and evidence presented in Case #08-1042, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated May 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 $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. Case #08-1174 Anthony V. and Irene B. Muzzucco 6 dogwood Circle Motion Based on the testimony and evidence presented in Case #08-1174, Ms. Carroll moved that this Board find that the Respondents have not complied with this Board's Order dated May 21, 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. 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 18, 2008 Case #08-410 Gregory and Rose Johnson 3290 N. Sea crest Blvd. Motion Based on the testimony and evidence presented in Case #08-410, Ms. Carroll 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 #08-1245 Gewinner W. Garrison, II 2505 NE 4th Street Motion Based on the testimony and evidence presented in Case #08-1245, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated May 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 $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. Inspector ~1cCrJ'f Officer Roy requested the following cases complied and recommended "No Fine." Case #07-3156 South Florida Devco 986 Cortina Blvd. Motion Based on testimony and evidence presented in Case #07-3156, Mr. Yerzy moved that this Board find that the Respondent, South Florida Devco, 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." Ms. Carroll seconded the motion that unanimously passed. 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 18, 2008 Case #08-346 Maudira &. Zelima Delhomme 815 NW 6th Avenue Motion Based on testimony and evidence presented in Case #08-346, Mr. Yerzy moved that this Board find that the Respondents, Maudira & Zelima Delhomme, 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 March 19, 2008, 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." Ms. Carroll seconded the motion that unanimously passed. Case #06-1441 Randolph II and Martha Williams 2810 SE 5th Circle Motion Based on testimony and evidence presented in Case #06-1441, Mr. Yerzy moved that this Board find that the Respondents, Randolph II and Martha Williams, 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 January 17, 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." Ms. Carroll seconded the motion that unanimously passed. Case #07-3432 Paula Melley 720 Mariners Way Motion Based on testimony and evidence presented in Case #07-3432, Mr. Yerzy moved that this Board find that the Respondent, Paula Melley, 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." Ms. Carroll seconded the motion that unanimously passed. Case #08-1223 Maria Prows 619 NE 7th Avenue Motion Based on testimony and evidence presented in Case #08-1223, Mr. Yerzy moved that this Board find that the Respondent, Maria Prows, was in violation of the City of Boynton Beach Code Sections as cited subsequent to the date of compliance specified in the Board's Order of May 21, 2008, and in consideration of the gravity of the 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 18, 2008 violations and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent that this Board impose and certify "No Fine." Ms. Carroll seconded the motion that unanimously passed. Case #08-1112 David and Jane P. Kislak TR 121 SW 5th Avenue Motion Based on testimony and evidence presented in Case #08-1112, Mr. Yerzy moved that this Board find that the Respondents, David and Jane P. Kislak TR, were in violation of the City of Boynton Beach Code Sections as cited subsequent to the date of compliance specified in the Board's Order of May 21, 2008, 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." Ms. Carroll seconded the motion that unanimously passed. Case #08-1225 Annite Beaufrere and Miclaise St. Fort 1016 SW 2nd Street Motion Based on testimony and evidence presented in Case #08-1225, Mr. Yerzy moved that this Board find that the Respondents, Annite Beaufrere and Miclaise St. Fort, were in violation of the City of Boynton Beach Code Sections as cited subsequent to the date of compliance specified in the Board's Order of May 21, 2008, 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." Ms. Carroll seconded the motion that unanimously passed. Inspector ~~cCrJY Officer Roy recommended Case #08-801 be tabled to July 16, 2008. Case #08-801 Countrywide Bank NA 7042 Chesapeake Circle Motion Ms. Carroll moved that Case #08-801 be tabled until the Code Compliance Board meeting to be held on July 16, 2008. Mr. Yerzy seconded the motion that unanimously passed. Inspector ~1cCrJY Officer Roy recommended Case #06-2328 be tabled to September 17, 2008. 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 18, 2008 Case #06-2328 Boynton Shoppes Acquisition 2212 N. Congress Ave. Motion Ms. Carroll moved that Case #06-2328 be tabled until the Code Compliance Board meeting to be held on September 17, 2008. Mr. Yerzy seconded the motion that unanimously passed. Mr. Blasie recommended Case #08-96 be tabled to July 16, 2008. Case #08-96 Pascual Francisco and Juana Juan Pasqual 518 NE 25th Avenue Motion Mr. Foot moved that Case #08-96 be tabled until the Code Compliance Board meeting to be held on July 16, 2008. Mr. Yerzy seconded the motion that unanimously passed. Mr. Blaisie noted the remaining lien reduction, Case #01-216 (Respondents Leopold and Dalicia Bertrand), which was tabled to the July meeting, would likely be tabled to the August meeting, as Ms. Bertrand would be in Haiti and unable to attend the July meeting. VIII. Discussion There would no longer be lien reduction hearings scheduled for the 4th Thursday of each month. If there was a need to schedule a Thursday hearing, notification would be made in advance. IX. Adjournment Motion Mr. Yerzy moved to adjourn. Ms. Carroll seconded the motion that passed unanimously. The meeting adjourned at 8:23 p.m. ~~SJ~ Stephanie D. Kahn Recording Secretary 080624 26