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Minutes 07-16-08 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, JULY 16, 2008, AT 7:00 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Scott Blasie, Code Compliance Administrator Richard Yerzy, First Vice Chair David Tolces, Assistant City Attorney Robert Foot Canaan Himmelbaum Mark Karageorge Jamie LaTour, Alternate ABSENT: Kathleen Carroll I. Call to Order Chair Costantino called the meeting to order at 7:00 p.m. II. Approval of Agenda Mike Melillo, Senior Code Officer, requested Case #08-446 be tabled for 30 days until August 20, 2008. Motion Mr. Yerzy moved that Case #08-446 be tabled until the Code Compliance Board meeting to be held on August 20, 2008. Mr. Karageorge seconded the motion that unanimously passed. Officer Melillo reported Case #08-1610 complied. Motion Mr. Himmelbaum moved to approve the agenda as amended. Mr. LaTour seconded the motion that passed unanimously. III. Approval of May 21, 2008 and June 18, 2008 Minutes Minutes of May 21, 2008 Page 9, Case #07-711: The board order should be October 17, 2007, not December 16, 2007. Meeting Minutes Code Compliance Board Boynton Beach, Florida July 16, 2008 Page 10, Case #07-0711: The second paragraph should read, "when the property owner was making progress" rather than the "City was making progress." Page 23, Case #08-952: The compliance date should be May 31, 2008. Motion Mr. Foot moved approval of the minutes of May 21, 2008 as amended. Mr. Yerzy seconded the motion that passed unanimously. Minutes of June 18, 2008 Page 3, Case #08-1319: The case was presented by Luney Guillaume, not John Herring. Page 7, Case #08-1115: The case was presented by Luney Guillaume, not Courtney Cain. Page 8, Case #07-3227: The matter was requested to be tabled to August 20, 2008, not June 20, 2008. Chief Code and Rehabilitation Officer Pete Roy, rather than Inspector Peter McCray, presented the cases on the following pages: 1, 6, 14, 16, 19, 20, 21, 22, 23 and 25. Motion Mr. Yerzy moved approval of the minutes of June 16, 2008 as amended. Mr. Karageorge seconded the motion that passed unanimously. IV. Swearing in of Witnesses and Introduction Attorney Tolces explained the hearing procedure and administered the oath to all who would be testifying. V. New Business Officer Melillo called the roll and determined who was present. 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 16, 2008 Case #08-1361 South Property Venture-Expert Care Nursing Registry Location: 200 Knuth Road, #116 Violation(s): CH 9 ART II, SEC 9-19 (C) Fire Inspection Fees Skip Lewis, Senior Code Compliance Officer, presented the case and reviewed the details of the violations. The initial notice was issued May 6, 2008 and service was effectuated by certified mail. A representative was present. Warren Izard, 200 Knuth Road, pled not guilty, and noted he was the property owner. Officer Lewis reported the case was referred by the Fire Department for an annual inspection fee. An invoice was sent out on March 2, 2007 and was due and payable by May 4, 2007. Service was attempted upon the tenant, Expert Care; however, it appeared the tenant had relocated. Mr. Izard indicated Expert Care defaulted and could not be located as of December 2006. He contended the office was unoccupied in March 2007. A new tenant currently occupied the premises, and had paid the inspection fee. Mr. Izard was made aware of this matter when he received the notice by certified mail. He then telephoned Deanna Johnson, who had signed the notice, and she instructed Mr. Izard to resolve the issue with Joanne in the Fire Department. He telephoned Joanne, who advised Mr. Izard the matter should be resolved by Deanna in Code Compliance. Officer Lewis advised he was uncertain of the details, as he was presenting the case on behalf of Scott Blasie. If the notice was sent in March, the inspection could possibly have been for the year 2006. Mr. Izard pointed out he was informed by Joanne that the inspection was performed on March 20, 2007. He asserted an invoice was not sent, nor was a dollar amount provided. Attorney Tolces commented he had in his possession an invoice dated March 20, 2007 issued to Expert Care Nursing Registry; however, the invoice did not set forth the date of the inspection. Motion Mr. Yerzy moved to dismiss the matter, as no one was present having first-hand knowledge of the issue, and it appeared Mr. Izard was not provided with an appropriate response from the people with whom he spoke. Mr. Karageorge seconded the motion. The question arose whether the responsibility for the inspection fee rested with the tenant or property owner. As the issue of responsibility was unclear, Attorney Tolces 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 16, 2008 would research the issue with staff. He suggested, as this was the first case of this nature, he meet with staff, and rather than dismissing the case, the board table the case until the next meeting. In the interim, staff could provide Mr. Izard with the appropriate information, and the board could render a decision at the next meeting. Mr. Yerzy asserted he would not reconsider his motion. He believed the complaint was brought poorly. Vote A roll call vote was taken, and the motion failed 3-3 (Messrs. Foot, Himmelbaum and LaTour dissenting). Mr. Izard noted he was not provided with the dollar amount outstanding. Attorney Tolces advised the amount of the invoice was $45.00, and remarked the matter could be resolved expeditiously if Mr. Izard were to remit the sum of $45 to the City. Motion Mr. Himmelbaum moved that Case #08-1361 be tabled until the Code Compliance Board meeting to be held on August 20, 2008. Mr. Foot seconded the motion that passed 5-1 (Mr. Yerzy dissenting). ND Case #01-216 Leopold and Dalicia Bertrand 2200 NE 2 Street Officer Roy requested this case be tabled until August 20, 2008. Motion Mr. Karageorge moved that Case #01-216 be tabled until the Code Compliance Board meeting to be held on August 20, 2008. Mr. Yerzy seconded the motion that passed unanimously. th Case #08-96 Pascual Francisco and 518 NE 25 Avenue Juana Juan Pasqual Officer Roy advised the Notice of Violation date was January 11, 2008, and he set forth the details of the violations. The Code Compliance Board hearing date was March 19, 2008, and no one appeared. The compliance date and proposed fine set by the board was April 3, 2008, or $200 per day. The case complied on May 7, 2008, having 33 days of non-compliance at $200 per day, or $6,600, plus administrative costs of $634.12. Officer Roy provided photographs to the board. 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 16, 2008 th The son of Pascual Francisco, 518 NE 25 Avenue, served as translator on behalf of his father. Neither Mr. Francisco nor his son resided at the residence. The property was rented to aunts and uncles, and they stored the vehicles on the property. It was suggested the lien be reduced to administrative costs of $634.12. Attorney Tolces noted the board had the right to reduce the lien to any amount it deemed appropriate. Motion Based on testimony and evidence presented in Case #08-96, and having been advised that the Respondents have complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Karageorge moved that this Board reduce the fines instituted in Case #08-96, by virtue of this Board's Order of March 19, 2008, to the amount of the administrative costs totaling $634.12. Mr. Foot seconded the motion that unanimously passed. th Case #07-961 Gerard J. and Lynne A. Simmons 1360 SW 27 Place Officer Roy advised the Notice of Violation date was April 23, 2007, and he provided the details of the violations. The Code Compliance Board hearing date was June 20, 2007, and no one appeared. The compliance date and proposed fine set by the board was June 30, 2007, or $200 per day. The case complied on June 24, 2008, having 359 days of non-compliance at $200 per day, or $71,800, plus administrative costs of $634.12 Colleen Schrieber, 2042 Alta Meadows Lane, Delray Beach, advised Deutschebank National currently owned the property through a foreclosure. Mr. and Mrs. Simmons were the prior owners. Ms. Schrieber presented a Certificate of Title evidencing the sale occurred on September 20, 2007. It was noted the property had not been in compliance from September 20, 2007 (the date the property was sold) through June 24, 2008 (the date of compliance). Ms. Schreiber pointed out the Certificate of Title was recorded on October 9, 2007. She was the realtor and was not assigned to the property until this year when the bank came into compliance. Attorney Tolces suggested the board dismiss the case. The City's lien was recorded on September 26, 2007 against Gerard and Lynne Simmons. It would appear a lis pendens was filed, but the bank was not aware of the City's lien as no record existed at the time the bank proceeded with the foreclosure. While the bank complied, there was never any notice of the violation or hearing naming Deutschebank as the owner of the property. Attorney Tolces did not believe it would be appropriate at this time for the board to enter an order with respect to a lien reduction and reiterated his recommendation that the board dismiss the case. 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 16, 2008 Motion Mr. Karageorge moved to accept Attorney Tolces' recommendation to dismiss the case and to release the entire lien. Mr. Foot seconded the motion that passed unanimously. Case #07-2238 Lancore Nursery LLC 2632 N. Federal Highway Officer Roy advised the Notice of Violation date was July 16, 2007, and he reviewed the details of the violation. The Code Compliance Board hearing date was September 19, 2007, and no one appeared. The compliance date and proposed fine set by the board was September 29, 2007, or $100 per day. The case complied on July 15, 2008, having 289 days of non-compliance at $100 per day, or $28,900 plus administrative costs of $730.15. Paul Gardyn, having a corporate address of 399 West Palmetto Park Boulevard, Boca Raton, advised he was the Managing Member of Lancore Nursery LLC, a property development firm. Lancore was approved for a planned unit development and entered into an agreement with the adjacent property owner to create a joint wall on the property line. The contractor and property owner took possession of Lancore's property and would not allow Lancore onto the property to mow the lawn. Lancore filed suit in Palm Beach County (the venue had subsequently been changed to Broward County) against the contractor and Waterbrook Peninsula LLC, the owner of the adjoining property, in order to regain possession of the property. Lancore regained possession of the property in late January, 2008. Mr. Gardyn noted Waterbrook Peninsula LLC had filed for bankruptcy. Lancore had been working with Code to cure the violation; however, neighbors had been depositing refuse on the property. Lancore has arranged for the property (vacant land with green grass) to be maintained every two weeks, and they anticipate developing the land when the market improves. Merv McDonald, 399 West Palmetto Park Boulevard, Ste. 102, Boca Raton, advised he was a partner in the company. When Lancore acquired the property and entered into a joint venture with the adjacent property owner, the contractor (Vercon Construction) requested permission to park cars on Lancore's property, contending they would maintain the property. Mr. McDonald agreed. Nevertheless, Vercon did not maintain the property, and stored cement trucks and heavy equipment on the property with no remuneration to Lancore. Lancore was merely attempting to be a good neighbor to the developer. The question arose as to why it took from January to July to mow the lawn. Mr. Gardyn advised the property was reinspected in March, and he was notified of a $14,400 lien against the property. He contended Lancore came into compliance at that time and the fine should have ceased. Mr. Gardyn indicated he possessed receipts evidencing monthly mowing of the property. He also noted he believed there may have been more than one case regarding this property. Inspector Roy explained there was a 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 16, 2008 second case which was closed in order that two fines would not be running concurrently. Mr. Gardyn believed details of non-compliance after March should be set forth in a separate record. Attorney Tolces noted the board's orders indicated it was the property owner's responsibility to request an inspection to ensure compliance. Staff's records indicated compliance was not achieved until July 15, 2008. He pointed out the recording of a lien did not necessarily establish a date for compliance; a lien would be recorded because it was certified by the board when compliance had not been achieved. Attorney Tolces asserted the board was authorized to handle board orders as it deemed appropriate. Suggestions by the board included: ?The fine be reduced to $6,730.15 (60 days at $100 per day plus administrative costs of $730.15). ?The fine be reduced from $28,900, which appeared to be excessive, to $14,000 plus administrative costs. Motion Based on testimony and evidence presented in Case #07-2238, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Himmelbaum moved that this Board reduce the fines instituted in Case #07-2238, by virtue of this Board's Order of September 19, 2007, to an amount of $6,730.15, including administrative costs. Mr. Foot seconded the motion. Discussion ensued as follows: ?It was noted the narrative evidenced all the dates the notice was sent and when service was obtained by certified mail. Pursuant to Lancore's own admission, they made an effort to come into compliance when the fine accrued to $14,000. ?While there could be a basis from the City's point of view for imposing a larger fine, Lancore was acting as a good neighbor, and the mitigating circumstances should be considered. ?It would be unreasonable to fine Lancore $14,000 from the time they took possession of the property until the date of compliance simply because they failed to request an inspection. 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 16, 2008 Vote The motion passed unanimously. Scott Blasie, Code Compliance Administrator, explained the City's ordinances required the board's decision be reviewed by the City. Once the minutes were forwarded to the City commission, they had seven days to pull the item and have it reviewed at a City Commission meeting, if they so desired. Messrs. Gardyn and McDonald had the same option under the Code. If they wished to pursue that avenue, it was recommended they contact Mr. Blasie or Diane Springer, Code Compliance Coordinator, within the week, and they would arrange for the item to be brought before the City Commission. The lien would be released upon payment of the fine, which could be paid upon completion of the seven-day review. Case #07-2795 445 Boynton Holdings LLC 445 N. Federal Highway Officer Roy advised the Notice of Violation date was September 1, 2007. He provided details of the violation, which required the roof be repaired or replaced. The Code Compliance Board hearing date was January 16, 2008, and Don Thomas appeared. Don Thomas, 400 NE Olive Way, Boca Raton, Operating Manager of 445 Boynton Holdings LLC, advised he had the building demolished last month, at a cost to him of more than $15,000. The building had been vacant for two years, as it had sustained significant hurricane damage. The land was currently vacant. Mr. Thomas had entered into negotiations with a contractor to develop the vacant lot and other parcels. Development ceased, however, when the contractor could not be located. While the damage to the roof worsened, Mr. Thomas, did not wish to spend $40,000 to replace the roof when the building would be demolished. Mr. Thomas noted his real estate broker had been in contact with the City as to the feasibility of a joint venture to develop the downtown area. He requested the board reduce the fine to $1,000 plus administrative costs. The question arose as to whether the building was unsightly from the street or in disrepair as evident from the interior. Mr. Blasie did not believe the building was unsightly. The previous owner added a parking lot, thereby enhancing a non- confirming building. From staff's standpoint, demolition was the most suitable means of compliance, and staff would have no objection to the imposition of the administrative costs only. Mr. Thomas pointed out, in addition to the $15,000 expended for the demolition, costs were incurred to obtain an asbestos survey and to pull permits. 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 16, 2008 Motion Based on testimony and evidence presented in Case #07-2795, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Himmelbaum moved that this Board reduce the fines instituted in Case #07-2795, by virtue of this Board's Order of January 16, 2008, to an amount of $730.15, the administrative costs. The motion died for lack of a second. Motion Based on testimony and evidence presented in Case #07-2795, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Karageorge moved that this Board reduce the fines instituted in Case #07-2795, by virtue of this Board's Order of January 16, 2008, to an amount of $3,700.15. Mr. Yerzy seconded the motion that failed 3-3 (Messrs. Himmelbaum, Foot and LaTour dissenting.) Motion Based on testimony and evidence presented in Case #07-2795, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board reduce the fines instituted in Case #07-2795, by virtue of this Board's Order of January 16, 2008, to an amount of $2,000. Mr. Yerzy seconded the motion that carried 5-1 (Mr. Himmelbaum dissenting). Mr. Thomas advised, in addition to the possibility of developing the property with the City, other options would also be considered. Case #08-1611 Fresnel and Lucienne Osirus th Location: 1640 NE 4 Court Violation(s): CH15-ART.IX-15-120(D) Inc. Remove all bikes, motors, furniture, bottles and junk from the side and and rear areas. Obtain a Business Tax Receipt in order to rent the residence. Courtney Cain, Code Officer, presented the case and reviewed the details of the violations. The initial inspection was completed on June 4, 2008, and service was effectuated by certified mail. The Respondent was given 14 days to comply. 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 16, 2008 Lucienne Osirus, 290 Berenger Walk, West Palm Beach, pled no contest. She explained she had already taken measures to comply. The premises were inspected July 15, 2008, and a few violations remained, which she was in the process of curing. She contended she paid the fee required for the Business Tax Receipt. Officer Cain reported the Respondent had interior issues which were required to be addressed, and he recommended an additional 14 days for compliance. Motion Based on the testimony and evidence presented in Case #08-1611, Mr. Foot moved that this Board find that Fresnel and Lucienne Osirus 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 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 $50 per day for each day the violation continues past July 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 #08-1366 Frank and Patricia Maloney- Domino's Pizza Location: 411 S. Federal Highway Violation(s): CH 9 ART II, SEC 9-22 (C) Fire Inspection Fees Officer Lewis presented the case and reviewed the details of the violations. The City recommended 10 days, until July 26, 2008, for compliance. The question arose as to whether this particular Domino's had been closed and for how long. Mr. Blasie was unaware of whether Domino's was closed; however, he asserted, by ordinance, the owner and the tenant were jointly responsible for the fees. Code Compliance recently assumed the responsibility for collecting the fire inspection fees and was somewhat backlogged. Mr. Blasie believed the inspection had occurred some time last year. Chair Costantino inquired whether this case would be treated in the same manner as the fire inspection case presented earlier. Attorney Tolces reminded the board each case was different, and it would be at the board's discretion as to the manner in which this case should be handled. Mr. Blasie pointed out the City would lose a good deal of revenue if the owners were not held responsible for fees owed by vacated tenants. He 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 16, 2008 noted the minimum fire inspection fee was typically $45; however, other parameters could affect the fee. Officer Lewis noted the invoice for Domino's Pizza was dated March 2007, and payment of the $25 fee was due May 11, 2007. He believed the inspection was likely performed in 2006. Mr. Blasie pointed out the ordinance held both parties responsible if the inspection had been made. Motion Based on the testimony and evidence presented in Case #08-1366, Mr. Foot moved that this Board find that Frank and Patricia Maloney-Domino's Pizza are in violation of the City of Boynton Beach Code Section cited and moved to Order that the Respondents correct the violation on or before August 15, 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 $25 per day for each day the violation continues past August 15, 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. It was requested Mr. Blasie ascertain from the Fire Department whether it was the practice to notify both the occupant and property owner of the fire inspection fee, as well as determining when the inspections were made in the cases discussed at this meeting. Mr. Blasie would provide this information at the next meeting. Case #08-1623 Tru 2005 REI LLC- Toys "Rn Us 601 N. Congress Avenue CH 2.5 SEC.2.5-12+ 13 Excessive False Alarms Location: Violation( s): Officer Lewis presented the case and provided details of the violation. The City recommended 10 days to comply. It was noted the Respondent was a repeat violator. Motion Based on the testimony and evidence presented in Case #08-1623, Mr. Foot moved to find that Tru 2005 REI LLC-Toys "R" Us is in violation of City of Boynton Beach Code Section as cited, and moved to order that the Respondent correct the violation on or before July 26, 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 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 16, 2008 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 July 26, 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 #08-1298 Location: Violation( s): Vincent Poole 211 NE 16th Court CHP13-ART 1, SEC 13-16 Obtain Business Tax Receipt in order to rent residence. Officer Cain presented the case and provided the details of the violation. The City recommended 10 days, until July 26, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-1298, Mr. Karageorge moved that this Board find that Vincent Poole 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 July 26, 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 $50 per day for each day the violations continue past July 26, 2008 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that unanimously passed. Case #08-1584 Location: Violation( s): Prophete Termidor 1621 NE 3rd Court CH10 SEC.10-2 Mow yard and maintain property. Obtain current Business Tax Receipt in order to rent residence. Officer Cain presented the case and provided details of the violations. The City recommended 10 days, until July 26, 2008, for compliance. Chair Costantino noted the Respondent was a repeat offender. 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 16, 2008 Motion Based on the testimony and evidence presented in Case #08-1584, Mr. Yerzy moved to find that Prophete Termidor is in violation of City of Boynton Beach Code Section as cited, and moved to order that the Respondent correct the violations on or before July 26, 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 violations continue past July 26, 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. Karageorge seconded the motion that passed unanimously. Case #08-1617 Location: Violation( s): Daniel and Woyaline F. Dirogene 1653 NE 4th Court CH10 SEC.10-2 CH10 SEC.10-3 PT3-LDR.CH20-VIU.5EC1.G. Remove all trash and debris. Mow Overgrown yard and trim all hedges. House is unsecured; secure house. Officer Cain presented the case and provided details of the violations. The building had not been secured building constituted a safety issue. The City recommended 10 days, until July 26, 2008, for compliance. The Respondents were repeat offenders. Motion Based on the testimony and evidence presented in Case #08-1617, Mr. Himmelbaum moved to find that Daniel and Woyaline F. Dirogene are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violations on or before July 26, 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 Respondents, the board hereby orders that should the Respondents fail to comply with this order, a fine in the amount of $100 per day, shall be imposed for each day the violations continue past July 26, 2008 plus administrative costs. 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 4-2 (Messrs. Ye/zy and Karageorge dissenting). 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 16, 2008 Mr. Blasie noted the attorneys, whose names appeared in parentheses after the name of the Respondents, were not participants in the case. The notation indicated the matter was in foreclosure and the attorneys for the plaintiffs were notified of the case. Mr. Blasie requested the Code Officers not read the names of the attorneys into the record. Attorney Tolces noted the attorneys' names would not appear on the liens. Case #08-1618 Location: Violation( s): Carol Parrish 2001 NE 1st Lane CH10 SEC.10-2 PT3-LDR.CH20-VIII.SEC1.G. Mow overgrown yard and remove all trash and debris from property. House is unsecured. Officer Cain presented the case and provided details of the violations. The City recommended 10 days, until July 26, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-1618, Mr. Yerzy moved that this Board find that Carol Parrish 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 26, 2008. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past July 26, 2008 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case #08-1207 Location: Violation( s): Canter Corporation 137 SE 2ih Place CHP13-ART 1, SEC 13-16 Obtain Business Tax Receipt in order to rent residence. Luney Guillaume, Code Compliance Inspector, presented the case and provided details of the violation. The City recommended 30 days, until August 15, 2008, for compliance. Motion 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 16, 2008 Based on the testimony and evidence presented in Case #08-1207, Mr. Karageorge moved that this Board find that Canter Corporation is in violation of the City of Boynton Beach Code Section cited and moved to Order that the Respondent correct the violation on or before August 15, 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 August 15, 2008 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that unanimously passed. Case #08-1572 Location: Violation( s): Anthony and Pamela Ardolino 4 Colonial Club Drive #202 BBA FBC '04 105.1.1 BBA to FBC '04 109.3 Obtain permit and request inspection for any alteration to interior walls, doors, drywalls, ceiling, removal of sliding glass door or new electrical outlets. Inspector Guillaume requested the case be dismissed. Thereafter, the new owner would be cited. Motion Mr. Yerzy moved to dismiss Case #08-1572. Mr. Himmelbaum seconded the motion that passed unanimously. Case #08-1578 Location: Violation( s): Juvenal and Myrna Suarez 2760 SE 2nd Street PT3-LDR.CH2.5EC.6.B.1 CH10 SEC.10-2 Remove trash and debris from vacant lot, including wood fence, golf cart and storage trailers. Storage on a vacant lot is not a permitted use in residential zoning. Inspector Guillaume presented the case and provided details of the violations. The City recommended 10 days, until July 26, 2008, for compliance. 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 16, 2008 Motion Based on the testimony and evidence presented in Case #08-1578, Mr. Karageorge moved that this Board find that Juvenal and Myrna Suarez 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 26, 2008. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past July 26, 2008 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that unanimously passed. Case #08-1656 Location: Violation( s): Houssam B. and Marcie L. Tannous 20 Heather Cove Drive CH10 SEC.10-2 CH15 SEC.15-120(D) Inc. Mow, weed and trim properly. Have all vehicles in operating condition and properly licensed (red car and white van). Remove all outside storage. John Herring, Code Officer, presented the case and provided details of the violations. The City recommended 10 days, until July 26, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-1656, Mr. Karageorge moved that this Board find that Houssam B. and Marcie L. Tannous 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 26, 2008. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past July 26, 2008 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Himmelbaum seconded the motion that unanimously passed. Case #08-928 Wilchild &. Marie R. Guerrier 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 16, 2008 Location: Violation( s): 6 Elton Place CHP13-ART 1, SEC 13-16 Obtain Business Tax Receipt for the rental property. Notice to water lawn one day a week pursuant to water restrictions- Thursday only, 4-8 a.m. or 4-8 p.m. Officer Lewis presented the case and provided details of the violation. The City recommended 10 days, until July 26, 2007, for compliance. Motion Based on the testimony and evidence presented in Case #08-928, Mr. Karageorge moved that this Board find that Wilchild & Marie R. Guerrier 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 26, 2008. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past July 26, 2008 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that unanimously passed. Case #08-1305 Location: Violation( s): Norma Maragh 203 NE 11th Avenue CH15 SEC15-120(D) Inc. Mow grass and trim bushes. Officer Melillo presented the case and provided details of the violation. The City recommended 10 days, until July 26, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-1305, Mr. Himmelbaum moved to find that Norma Maragh is in violation of City of Boynton Beach Code Section as cited, and moved to order that the Respondent correct the violation on or before July 26, 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 violation, 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 July 26, 2008 plus administrative 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 16, 2008 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 #08-1694 Location: Violation(s): Thomas F. Curran 417 NE 2nd Street CO CH15 SEC.15-120(D) Inc. Repair fence; remove all trash and outside storage; mow grass and weeds. Officer Melillo presented the case and provided details of the violations. The City recommended 10 days, until July 26, 2008, for compliance. The Respondent was not a repeat offender; however, the violations were ongoing. The Respondent contended he resided at the premises; however, he did not, as the property had been rented. Motion Based on the testimony and evidence presented in Case #08-1694, Mr. Yerzy moved that this Board find that Thomas F. Curran is in violation of the City of Boynton Beach Code Section cited and moved to Order that the Respondent correct the violations on or before July 26, 2008. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $200 per day for each day the violations continue past July 26, 2008 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case #08-1551 Location: Violation( s): Edward Colameta 2601 NE 3rd Court #212 CH15-ART.lX-15-120(D) Inc. BBA FBC '05 105.1.1 Secure permit for interior renovation (electric work in kitchen and removal of wall) and call for inspection. Work started before permit was issued; 4X fee is required. See red tag dated May 2, 2008. Vestiguerne Pierre, Senior Code Officer, presented the case and provided details of the violations. The City recommended 30 days, until August 15, 2008, for compliance. 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 16, 2008 The building inspector red tagged the property for the work performed without a permit. To date, Officer Pierre had not heard from the property owner. Motion Based on the testimony and evidence presented in Case #08-1551, Mr. Himmelbaum moved that this Board find that Edward Colameta 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 15, 2008. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $300 per day for each day the violations continue past August 15, 2008 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that unanimously passed. Case #08-1579 Location: Violation( s): Woosvelt J. Estime 112 Arthur Court CH15-ART.IX-15-120(D) Inc. Cut hedges on east side of property to a height of three feet and maintain that height. Hedges encroaching on right-of- way to be cut to 30 inches. Officer Pierre presented the case and provided details of the violation. The City recommended 10 days, until July 26, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-1579, Mr. Yerzy moved that this Board find that Woosvelt J. Estime is in violation of the City of Boynton Beach Code Section cited and moved to Order that the Respondent correct the violation on or before July 26, 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 July 26, 2008 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 16, 2008 Case #08-1693 Location: Violation( s): Donald Ross 2801 NE 4th Street CH15 SEC 15-120(D) Inc. Mow and trim yard. Remove all loose trash and debris. Officer Pierre presented the case and provided details of the violations. The City recommended 10 days, until July 26, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-1693, Mr. Yerzy moved that this Board find that Donald Ross is in violation of the City of Boynton Beach Code Section cited and moved to Order that the Respondent correct the violations on or before July 26, 2008. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past July 26, 2008 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case #08-1567 Location: Violation(s): Gail Luchey 124 NW 10th Avenue CH15-ART.lX-15-120(D) Inc. Either sod area west of house or plant hedges in front of house. Officer Roy presented the case and provided details of the violation. The City recommended 30 days, until August 15, 2008, for compliance. The question arose as to why the City felt 30 days was appropriate in this case. Officer Roy explained the time was necessary in order to sod or plant hedges. It was noted the Respondent had appeared before the board on numerous occasions and was a repeat offender. Motion Based on the testimony and evidence presented in Case #08-1567, Mr. Himmelbaum moved to find that Gail Luchey is in violation of City of Boynton Beach Code Section as cited, and moved to order that the Respondent correct the violation on or before August 15, 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 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 16, 2008 violation, 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 $500 per day, shall be imposed for each day the violation continues past August 15, 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. Karageorge seconded the motion that passed unanimously. Case #08-1568 Location: Violation( s): Andrew and Gail Luchey 118 NW 10th Avenue CH15-ART.IX-15-120(D) Inc. CH15-ART.IX-15-120(E) Inc. PT3-LDR.CH20-VIII.SEC1.G. Repair soffit and windows, and paint the house. Secure property to prevent entry from the public. Officer Roy presented the case and provided details of the violations. The City recommended 30 days, until August 15, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-1568, Mr. Yerzy moved to find that Andrew and Gail Luchey are in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondents correct the violations on or before August 15, 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 Respondents, the board hereby orders that should the Respondents fail to comply with this order, a fine in the amount of $500 per day, shall be imposed for each day the violations continue past August 15, 2008 plus administrative costs. 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. Himmelbaum seconded the motion that passed unanimously. Case #08-1525 Location: Violation( s): April Purvis 145 SE 11th Avenue PT3-LDR.CH20-VIII.5EC2.A Install plumbing fixtures, water and wastewater pipes properly; maintain in sanitary working condition, free of defects, leaks and obstructions. Water is 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 16, 2008 draining from washing machine and cannot be discharged onto ground. Remove washing machine from public view. Officer Melillo presented the case and provided details of the violation. The City recommended 10 days, until July 26, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-1525, Mr. Yerzy moved that this Board find that April Purvis is in violation of the City of Boynton Beach Code Section cited and moved to Order that the Respondent correct the violation on or before July 26, 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 $200 per day for each day the violation continues past July 26, 2008 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case #08-1531 Location: Violation( s): Crystal Scott 646 Snug Harbor Drive #105 PT3-LDR.CH20-VIII.5EC1.G. PT3-LDR.CH20-VIII.SEC2.A LDR CH 20 SEC 1(H)(5) Replace baseboards, drywall and wherever mold is apparent. Remove dead insects and secure unit to prevent entry by the public. Officer Melillo presented the case and provided details of the violations. The City recommended 10 days, until July 26, 2008, for compliance. The unit was secured. The condominium association notified the owner that the unit was sprayed to eradicate the infestation, and the locks were changed. The mold had not yet been remedied. Motion Based on the testimony and evidence presented in Case #08-1531, Mr. Karageorge moved that this Board find that Crystal Scott 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 26, 2008. The Board has considered the gravity of the violations, the 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 16, 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 $200 per day for each day the violations continue past July 26, 2008 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that unanimously passed. Case #08-1539 Location: Violation( s): Jose and Maritza Rodriguez 340 SW ih Avenue CH15-ART.lX-15-120(D) LA CHP13-ART 1, SEC 13-16 LDR CH2 SEe. 11(D)(6) Remove unlicensed and inoperable vehicle from property; remove oversized lawn trailer from public view. Obtain Business Tax Receipt for lawn main- tenance and tree service business. Officer Roy presented the case and provided details of the violations. The City recommended 10 days, until July 26, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-1539, Mr. Yerzy moved that this Board find that Jose and Maritza Rodriguez 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 26, 2008. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $200 per day for each day the violations continue past July 26, 2008 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Himmelbaum seconded the motion that unanimously passed. Officer Melillo requested the following cases be certified in the amount of $100 per day: Case #08-770 CRNT 1 Inc.- All Stairs Inc. 2900 NW Commerce Park Dr. A-1 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 16, 2008 Motion Based on the testimony and evidence presented in Case #08-770, 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. Mr. Himmelbaum seconded the motion that unanimously passed. Case #08-846 Tangiers Development Inc. 133 NW 10th Avenue Motion Based on the testimony and evidence presented in Case #08-846, 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 Respondents, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Himmelbaum seconded the motion that unanimously passed. Case #08-847 Luc C. Vildor Apartments 317 NE 10th Avenue Motion Based on the testimony and evidence presented in Case #08-847, 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 Respondents, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Himmelbaum seconded the motion that unanimously passed. Case #08-849 Tangiers Development Inc. 132 NE 12th Avenue Motion Based on the testimony and evidence presented in Case #08-849, 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 Respondents, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 16, 2008 into compliance or until a judgment is entered based upon this certification of fine. Mr. Himmelbaum seconded the motion that unanimously passed. Case #08-905 Elda Aristhil and Aniel Dachoute 116 NE 15th Avenue Motion Based on the testimony and evidence presented in Case #08-905, Mr. Foot 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 $100 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. Himmelbaum seconded the motion that unanimously passed. Officer Melillo requested the following case be certified in the amount of $150 per day: Case #08-1106 Vertiles St. Aime 312 SW 5th Lane Motion Based on the testimony and evidence presented in Case #08-1106, 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 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 Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Yerzy seconded the motion that unanimously passed. Officer Melillo requested the following case be certified in the amount of $1,000 per day: Case #08-801 Countrywide Bank NA 7042 Chesapeake Cir. Motion Based on the testimony and evidence presented in Case #08-801, Mr. Yerzy 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 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 Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Karageorge seconded the motion that unanimously passed. 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 16, 2008 Officer Melillo requested a Cease and Desist Order for Case #06-975 be certified in the amount of $2,000 plus administrative costs in the amount of $826.18, for a total of $2,826.18. Violations occurred every day from June 26, 2008 through July 16, 2008, for a total of 20 violations at $100 per violation plus administrative costs. Case #06-975 Nationwide Assets SW 3rd Street Motion Mr. Himmelbaum moved that a Cease and Desist Order be certified in the amount of $2,000 plus administrative costs in the amount of $826.18, for a total of $2,826.18. Mr. Foot seconded the motion that passed unanimously. Attorney Tolces pointed out a Cease and Desist Order would require another board order board at some point in the future. Officer Melillo reported the following cases complied, and he recommended "No Fine." Case #08-851 Boynton JCP Associates Ltd.- Piercing Pagoda 801 N. congress Ave. 977 Motion Based on testimony and evidence presented in Case #08-851, Mr. Karageorge moved that this Board find that the Respondent, Boynton JCP Associates Ltd.- Piercing Pagoda, 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 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 #08-855 Boynton JCP Associates Ltd.- Silver & Gold Connection 801 N. Congress Ave. 985 Motion Based on testimony and evidence presented in Case #08-855, Mr. Karageorge moved that this Board find that the Respondent, Boynton JCP Associates Ltd.- Silver & Gold Connection, 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 violations and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent that 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 16, 2008 this Board impose and certify "No Fine." Mr. Yerzy seconded the motion that unanimously passed. Case #08-934 Carmelo Campos 330 NE 16th Avenue Motion Based on testimony and evidence presented in Case #08-934, Mr. Karageorge moved that this Board find that the Respondent, Carmelo Campos, 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 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 #08-998 Christopher Mc Clure 441 SW 3rd Avenue Motion Based on testimony and evidence presented in Case #08-998, Mr. Karageorge moved that this Board find that the Respondent, Christopher Me Clure, 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 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 #08-834 Michael R. Rogers 111 NE 3rd Avenue Motion Based on testimony and evidence presented in Case #08-834, Mr. Karageorge moved that this Board find that the Respondent, Michael R. Rogers, 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 violations and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent that this Board impose and certify "No Fine." Mr. Yerzy seconded the motion that unanimously passed. Officer Melillo recommended Case #08-938 be tabled to August 20, 2008. 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 16, 2008 Case #08-938 Marie A. Sanon Est. and Marie C. and Umen Sanon 124 SW 9th Avenue Motion Mr. Yerzy moved that Case #08-938 be tabled until the Code Compliance Board meeting to be held on August 20, 2008. Mr. Himmelbaum seconded the motion that unanimously passed. IX. Adjournment There being no further business to discuss, the meeting properly adjourned at 8:39 p.m. .JticY~ Ck- Stephanie D. Kahn Recording Secretary 28