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Minutes 12-19-07 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON MONDAY, DECEMBER 19, 2007, AT 7:00 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Richard Yerzy, First Vice Chair Kathleen Carroll Robert Foot Mark Karageorge George Moyer Scott Blasie, Code Compliance Administrator I. Call to Order Chair Costantino called the meeting to order at 7:00 p.m. II. Approval of Agenda Senior Code Officer Pierre announced the following changes: Case # 07-350 was removed; Case # 07-647 was removed; Case # 07-3020 complied. Motion Ms. Carroll moved approval of the agenda as indicated. First Vice Chair Yerzy seconded the motion that passed unanimously. III. Swearing in of Witnesses and Introduction David Tolces, Board Counsel, explained the hearing procedures and administered an oath to all who would be testifying. IV. New Business A. Cases to be Heard Officer Pierre called the roll and determined who was present. He also advised an attorney was present regarding the Ralph and Rosies, Inc. case. Chair Costantino requested hearing the Ralph & Rosies, Inc. case first. There were no objections to the request. 1 Meeting Minutes Code Compliance Board Boynton Beach Florida December 19, 2007 Case # 07-3358 Location: Violation(s): Ralph & Rosies, Inc. 2007 S. Federal Highway BBA FBC '04105.1.1. BBA to FBC '04 109.3 BBA FBC '04 104.3 Obtain all proper permits for bar structure including the plumbing and electrical. Chickeeltiki hut is in violation of F.S. 553 exemptions - constructing bar structure including plumbing and electrical. Remove construction from chickie structure or permit all work (see copy of Red Tag Issued 10/30107) Karen Roselli, Attorney with Baird and Roselli, and counsel for the City Staff for the Ralph and Rosie case, advised she spoke with Mr. Morell, Counsel for the Respondent. The Respondents were willing to admit the violation occurred and the Board would enter an order finding them in violation. She explained Code Officer John Herring would give further details, but the Board would not have to hear the case. She explained the issue was a bar with plumbing and electric was added to the chickeeltiki hut it without permits. The violation was noticed on October 30, 2007 and a Notice of Violation was issued on November 27,2007. The compliance date was December 10,2007, and they came into compliance on December 17, 2007. She indicated they were bringing the issue to the Board to enter an order finding them in violation of the Boynton Beach Code as charged and the City would waive their costs, in agreement to their stipulation to the violation. John Herring, Code Compliance Officer, explained the case arose as the result of a citizen complaint. The initial inspection date was November 26, 2007 for the above. The initial notice issued was a written notice giving 10 days to comply. Notice was sent on November 27,2007 via regular mail. The issue was revisited on December 4,2007. The Notice of Hearing was hand delivered on December 11, 2007. Officer Herring reported on December 30, 2007 (sic) a Stop Work Order was issued for the bar, and he continued to work on the bar, installing electrical and plumbing, although the Stop Work Order was issued. On December 4, 2007 the issue was revisited and a Notice to Appear issued. As of December 17, 2007 Mr. Herring reported the Respondent was in compliance. Mr. Foot requested the attorney review the details with the previous actions of the Respondent. Attorney Roselli explained this was a new case. The chickeeltiki structure itself was exempt from the Florida Building Code, but the structure was modified and a bar constructed inside the structure with electric and plumbing. There were photographs showing what was done. The Respondents removed all of those structures and the 2 Meeting Minutes Code Compliance Board Boynton Beach Florida December 19, 2007 electrical and plumbing. It was the construction of the bar structure and installation of electric and plumbing that was the violation. Attorney Tolces explained the Appeal regarding the Notice of Violation for failure to get site plan modification approval for the chickeeltiki structure was still under appeal. This was a separate case. Officer Herring clarified what was sited was they built the structures without a permit. The issue was the plumbing and electric and those amenities were removed. Attorney Roselli explained there was a verbal stipulation between the City and Attorney Morell, Attorney for the Respondents. The evidence of the violation from photographs and the Code Officer's, Police Department and Building Inspector's records, were in the City's file. She recommended receiving those into evidence. Motion Mr. Foot so moved (to admit the records into evidence.) Ms. Carroll seconded the motion that unanimously passed. Attorney Mike Morell, POB 18649, West Palm Beach, representing the Respondent was present. He reported they were in compliance. He was retained on December 3, 2007 to develop a voluntary compliance program as quickly as possible. Ralph and Rosie were still represented by Robin Bretsky in the Appellate matter. He agreed with Ms. Roselli about the oral stipulation. There was a Powerpoint presentation and 51 pages of documents showing compliance. He distributed the written documents, and asked the board recognize the documents as part of the evidence and the board acknowledge the compliance. Mr. Morelli explained his presentation contemplated that both cases would be discussed at the same time. The cases, however, were separated out. Ms. Roselli explained she had not reviewed the evidence proffered by Mr. Morell. Mr. Morell explained he had not seen the Board evidence. Ms. Roselli explained to the extent any of the evidence pertained to the sign Code violations, which was the other case, they were not relevant and she objected to receiving them into evidence for this case. She offered Mr. Morell the opportunity to review their evidence. was the other case, which was a lien certification matter, having been heard previously and found to be in violation. Ms. Roselli concurred with Mr. Morell that the City would waive the cost and have no fine imposed, but the City would be entitled to their $500 fine for each time the violation was repeated. Mr. Morell explained he only learned that Ms. Roselli was counsel for staff and he that he filed public records requests that have not been complied with. He believed what 3 Meeting Minutes Code Compliance Board Boynton Beach Florida December 19, 2007 Ms. Roselli submitted into evidence was within the scope of his request. He explained he attempted to show what his client was doing to come into compliance on both cases. The system was built on bringing the land owner into compliance. He explained while his submission dealt with both cases, it was reflective of their efforts to comply. He felt Ms. Roselli was beyond her scope. He asserted to the extent that evidence was being submitted, that they were not submitted with their due process rights to know the facts against them. He preserved his objection to Ms. Roselli's evidence as he explained she objected to their evidence. Attorney Tolces explained the board needed to decide what to do with the documents submitted by Mr. Morell. They had not made a motion to receive Mr. Morell's documents into the record. Motion Mr. Yerzy moved the board accept what was proffered by counsel, but accept it only for what the board felt it was worth. Mr. Morell had no objection. Motion Mr. Yerzy amended his motion and moved to admit into evidence the document proffered by counsel and consider them for their worthiness. Mr. Foot seconded. Vote Mr. Karageorge requested clarification the board was not separating out one case from another. The board was not. A vote was taken and the motion unanimously passed. Morell documents were admitted as Ralph and Rosies Exhibit A. The date for compliance would have been December 10,2007. Motion Based on testimony and evidence in Case #07-3358, Mr. Foot moved that this board find that Ralph & Rosie, Inc. was in violation of the Code sections as cited until December 10' 2007. The correct compliance date was December 17, 2007. 4 Meeting Minutes Code Compliance Board Boynton Beach Florida December 19, 2007 Vote Mr. Foot acknowledged the new compliance date. Mr. Yerzy seconded the motion that unanimously passed. Case # 07-1992 Ralph & Rosie Inc. 2007 S. Federal Highway Officer Herring presented the case and reported the Notice of Violation date was June 26, 2007. He read the violations which had to do with address numbers being posted on the building and removing all unpermitted signs. The address was posted on the building. The Code Compliance Board meeting date was October 17, 2007, with Attorney Robin Bresky appearing on behalf of the Respondent. The compliance date and proposed fine set by the board was to Cease and Desist by October 27, 2007 or incur a $250 per occurrence fine. He advised there were new tallies associated with the case which were a total of 32 inspections as opposed to 30 at $96.03 per occurrence, totaling $3,072.96. The affidavit filing costs were $250. The total administrative costs were $3,322.96. The daily fines were $7,500 bringing the total to $10,822.96 plus attorney fees at $650. The grand total was $11,472.96. Michael Morell, Attorney for the Respondent, spoke with Ms. Roselli earlier and he understood the board certified the fines until the Respondent fully came into compliance and then can mitigate. He recognized the system was designed to gain compliance and commented the Respondent had paid a large fine in an earlier case. Mr. Morell explained he would not reargue the violations, but noted in the appellate briefs the City Attorney's Office filed, in the case dealing with the modification of the site plan, they argued Ralph & Rosie, Inc. had two opportunities to argue the violation issues; the first time at the hearing and the second at the certification hearing. He explained the City's counsel was asserting a position contrary to that in the appeal, and they were actively pursuing negotiations with the City to abate its appellate litigation, and were working to come into compliance. His client's position on the remaining non- compliance issues pertaining to this case were the question of the banners that were purported to hang from the bar ~ marquee sign on Federal Highway. The Respondent asserted they were never noticed in the original banner violation. The original violation was for beer banners and signs under the tiki hut. He explained it was orally represented to the Respondent the canvas sign was a banner sign and that he was not apprised it was a banner sign. The sign was the original sign that was there since the storm blew out. The City encouraged owners to get a temporary sign and apply for permits before the temporary signs could be removed and replaced with permanent signs. Mr. Morell acknowledged his client should have applied for the permit for the sign. He was told by Mr. Blaise they would be in violation if they took down the canvas banners. Their position was the canvas banners were added as an afterthought to the violation issue. The assumption 5 Meeting Minutes Code Compliance Board Boynton Beach Florida December 19, 2007 of the issue as non-compliant was one the client did not have notice of, was after the fact and inconsistent with better policy. Mr. Morell explained one wouldn't know the sign was canvas unless they were upon it. It is secured with rivets. They applied for the permit and when the new sign is ready, they can put it up within 72 hours of receiving the permit. They objected to the certification to the extent they think it is a non-issue and it is inconsistent with the way they argued it in their briefs and with other approvals for temporary signs. Mr. Morell contended the City's argument that the temporary sign was a banner sign was a bogus argument. Ms. Roselli explained the original violation was for all unpermitted signs which included the banner sign. She requested the board accept into evidence the photographs she had showing the 30 additional days of non-compliance on two existing signs. She explained there were other signs on the property that were also the subject of the violation that had been taken down. She explained if those signs go back up and the signs complied, there would still be a violation. Mr. Morell objected to the relevance of the statement and felt future violations should not be considered. Ms. Roselli explained the hurricane was two years ago and should have been a permanent sign a long time ago. She repeated her request to enter the photographs into evidence showing the signs, which were taken since the last fine certification and which reflected the ongoing violation. They supported the City's request to certify the lien. Mr. Herring explained the signs were there before he entered into City service one year ago. Mr. Herring put on the record that he took the photographs and initialed photographs he had taken, as did the officer who took photos on the weekend. Motion Mr. Yerzy moved to receive the photographs into evidence. Mr. Karageorge seconded the motion that unanimously passed. Said photographs are marked as the City's Exhibit A. Mr. Yerzy recalled the large sign was brought to their attention many times in addition to other illegal signs there. This was not a surprise. Mr. Foot requested clarification that at the last meeting there was a certification for the same violation for what was reduced to two days. Attorney Tolces explained the total was $8,700 for 30 days at the last hearing. Ms. Roselli explained until all of the signs are in compliance, there is a violation. This was the second certification of the Cease and Desist Order. Mr. Karageorge requested clarification that this was a multiple sign issue that was ongoing for up to 24 months. Ms. Carroll explained this violation occurred and he was cited on June 27, 2007. There was a hearing on October 17, 2007 which found the Respondent in violation and a Cease and Desist Order entered, and then another 6 Meeting Minutes Code Compliance Board Boynton Beach Florida December 19, 2007 hearing in November to consider the violation based on that order up until that time Since the Cease and Desist Order continues to run, each order is for 30 days. They were in violation for two years. Mr. Morell explained they had a temporary sign that was tagged on to a banner complaint this last June. Mr. Karageorge explained this property is in violation and the issue comes and goes. Chair Costantino asked whether there was a process for a temporary sign and if there is a window of opportunity to put something up temporarily that wasn't permitted. Mr. Blaise responded he was not aware of a procedure for post storm signage. The City allows banners to be given permits on a temporary basis while the applicant is in the process of securing a permanent sign. At time of application for the temporary sign, the applicant indicates when the permanent sign would be ready, and the City grants the temporary permit for that time. Mr. Blaise had no knowledge that process was followed by the Respondent. Mr. Morell explained they applied for the permit and at Mr. Swierzko's recommendation they added issues they were not noticed. Those were in the documents filed on the December 17. The receipt was in the evidence. He asserted now that they applied for the permit, it could be viewed as a temporary sign and as compliant. Mr. Blaise explained regarding the current application there are two signs. There was a cabinet sign on the roof and he did not know if the Development Department would issue a temporary permit sign while they were waiting for a permanent sign, when there was already a permanent sign there. They would put both signs in the permit application. Mr. Morell agreed those signs were both included in the permit. The one sign on the roof was not evident to traffic, the marquee sign that was a temporary canvas panel was visible to traffic and was in question. The roof sign was permitted by a previous owner. All the Respondent did was change the name by two letters. Motion Ms. Carroll moved to find Ralph & Rosies, Inc. IS in violation. There was a brief discussion which motion to use. Motion Based on testimony and evidence presented in Case #07-1992, Mr. Foot moved that this Board find that the Respondent Ralph & Rosies Inc., was in violation of the City of Boynton Beach Code Sections as cited, subsequent to the date of compliance specified 7 Meeting Minutes Code Compliance Board Boynton Beach Florida December 19, 2007 in this Board's Cease and Desist Order of October 17, 2007, and in consideration of the gravity of the violations, the actions taken by the Respondent to remedy the violations, and any and all previous violations of the Respondent, that this Board impose and certify a fine in the amount of $250 per day for the 30 days from November 20th to December 19, 2007 for a total of $11, 472.96 which includes administrative costs and attorneys fees. Mr. Moyer seconded the motion that unanimously passed. Chair Costantino requested hearing Case #07-2338 first, due to the Respondents in that case having a small child with them. There were no objections to the request. Case #07-2338 Jean Kenol 2760 NE 5th Court Code Officer Vestiguerne Pierre presented the case which pertained to obtaining permits for conversion of a garage into a bedroom. The Notice of Violation was July 24, 2007. The Notice of Hearing was September 19, 2007 with no one appearing. The compliance date set by the board was October 16, 2007 or incur a $50 per day fine. There were 63 days of non-compliance. A woman named Josie Ann, residing at the same residence as the Respondent served as a translator. The applicant Jean Kenol was present. It was explained this was a lien certification. The violation still exists and he still did not have a permit. It was indicated when he purchased the property, the room was pre-existing. Mr. Kenol indicated he would apply for one and was requesting time to solve the problem. To date, nothing has been provided to the City. Mr. Yerzy asked how he planned to remedy the matter. Mr. Kenol responded he needed more time to get the permit because he doesn't have the money. He was not working and he requested a year. Chair Costantino explained this was putting him in jeopardy because the City does not know if the structure is safe. Mr. Kenol asserted the structure was safe, he just started to do a lot of work. The Board inquired if he realized this was cited in July. Mr. Kenol was out of town due to his mother passing away. The fine had been running since October 16, 2007 and even if they gave him a year to come into compliance, the fine would continue to run at $50 per day. Mr. Kenol asserted he did not know anything about it, so there was no reason for the Board to charge him Chair Costantino explained he had accrued $3,150 worth of fines. Mr. Kenol also indicated Officer Pierre sent him a letter that gave him two years to come into compliance. Officer Pierre had photos which were shown to the Respondent and to the board. Mr. Blasie explained the photos showed the garage was fully finished with central air ducts and electric. It was unknown how the amenities were installed and if it met Code. 8 Meeting Minutes Code Compliance Board Boynton Beach Florida December 19, 2007 Staff indicated normally they could inspect it. The only option was to restore the garage or get the design professionals to certify the structure. There was nothing preventing the Respondents from getting a building permit. Motion Based on the testimony and evidence presented in Case #07-2338, Mr. Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated September 19, 2007, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $50 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case #07-3156 Location: Violations: South Florida Devco Inc. 986 Cortina Blvd LDR CH 7.5 Sec.19C Seed and mulch all areas of vacant land void of ground cover. Skip Lewis, Sr. Code Compliance Officer, presented the case which pertained to seeding and mulching the property. A representative for the Respondent was present. Thomas Mullen, Attorney with Ruden McCloskey, 200 E Broward Boulevard, Suite 500, Ft. Lauderdale, pled no contest and requested 30 days. Motion Based on the testimony and evidence presented in Case #07-3156, Mr. Moyer moved that this Board find that South Florida Devco Inc. is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violations on or before January 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 $100 per day for each day the violation continues past January 18, 200+ 2008 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that unanimously passed. Case #07-3296 Location: Violations: Michael K. Tam 407 NW th Street CH15.ART.IX-15-120(D)1Inc. 9 Meeting Minutes Code Compliance Board Boynton Beach Florida December 19, 2007 Removed dead tree limbs, trash and debris from yard, sod bareldead spots in yard. Skip Lewis, Senior Code Compliance Officer, presented the case that resulted from a routine inspection. The initial inspection date was November 16, 2007 and the above violations were noted. A written notice giving 10 days to comply was given. Service was obtained by posting the property on December 7, 2007. Officer Lewis explained this property had a previous violation of the same nature. Michael K. Tam, property owner of 407 NW 7th Street, pled no contest and requested 45 days to comply. Officer Lewis explained the City was recommending 60 days to come into compliance. Mr. Tam preferred to seed; however, there was agreement sod was needed. There were photographs Officer Lewis showed to the Respondent and the board. Motion Based on the testimony and evidence presented in Case #07-3296, Mr. Moyer moved that this Board find that Michael K. Tam 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 February 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 $50 per day for each day the violation continues past February 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 unanimously passed. Chair Costantino explained after February 17, 2008, a $50 per day fine will start to run. As soon as the violation was corrected, the Respondent should contact Officer Lewis so he could re-inspect the property and be cleared. Case #07-1964 445 Boynton Holdings LLC 445 N. Federal Hwy Officer Herring presented the case. The Notice of Violation date was June 25, 2007 for violations pertaining to mow, weed and trimming property, including the right-of-way. The Code Compliance Hearing Date was September 19, 2007 with no one appearing. The compliance date was September 29, 2007 or incur a fine of $150 per day. There were 64 days of non-compliance. Don Thomas, 400 NE Olive Way, was present and advised he was a managing member of the company. He advised it took three contractors to do the job. He 10 Meeting Minutes Code Compliance Board Boynton Beach Florida December 19, 2007 appeared before the board 30 days ago and explained he had hired folks to take care of it. The third individual showed and he cleaned the garbage and the weeds. He explained there was so little grass, he could not find anyone willing to take the job. Mr. Thomas did secure the dwelling. Mr. Foot thought if the Respondent paid the fine immediately, the board could just fine him the administrative costs without the affidavit filing costs. Mr. Thomas agreed to pay the fine immediately which was $384.12. Attorney Tolces advised the board they should not condition the payment of the fine on a certain amount of time because the board would be recording its order. He recommended making the order for $384.12. Motion Based on testimony and evidence presented in Case #07-1964, Mr. Foot 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 September 19, 2007, and in consideration of the gravity of the violations, the actions taken by the Respondents to remedy the violations, and previous violations of the Respondents, that this Board impose and certify a fine in the amount of $384.12 including administrative costs, for a total of 63 days of non- compliance. Mr. Yerzy seconded the motion that unanimously passed. Case #06-678 Deliverance Holy Temple Inc. 202 NW 9th Avenue Pastor R. Smith Pete Roy, Chief Code Officer, presented the case and reviewed the violations, which pertained to a permit requirement for an interior remodel. The Notice of Violation was March 14, 2007, with no one appearing. The compliance date was March 31, 2007 or incur a fine of $150 per day. The violation still existed having 262 days of non- compliance. Pastor Smith, 202 NW 9th Avenue, was present and introduced Lamont Robinson, Vice President of King Edwards construction. Mr. Robinson explained he obtained all licenses and permits and would take care of all issues to rectify the situation. He already spoke to the Building Department, had a permit application in; and was addressing all comments. Officer Roy was aware there were plans in plans check, but they have been there for a long time and Mr. Robinson just picked them up. The comments were made in July and he had not spoken to the Building Department recently about them. Mr. Robinson explained comments were picked up but some comments were not clear, and he felt some issues were not Code issues. He was trying to rectify this as expeditiously as possible. He asked if the board could table the matter to allow him to 11 Meeting Minutes Code Compliance Board Boynton Beach Florida December 19, 2007 get all issues in line. Initially he was told he needed to obtain a general contractor and they were general contractors. He had to go through other subcontractors. Mr. Foot inquired how the church was going to pay him; there were no services occurring so there were no revenues coming in and the church was empty right now. Mr. Robinson explained he thought he could meet the City's requirements and was pretty good at rectifying Code issues. He explained they have subcontractors that were willing to do extra for the church. Mr. Robinson requested the item be tabled. The fee for the permit had already been paid. He could provide one tomorrow. Mr. Yerzy expressed he was adamant about further tabling of the matter, but was impressed with what Mr. Robinson had told the board and felt they should make a special consideration and table this. Chair Costantino wanted to see proof of a receipt for the permit. She explained she was looking to see earnest movement. Motion Ms. Carroll moved to table Case #06-678 for 60 days to February 20, 2008. Mr. Moyer seconded the motion that passed 5-1, (Chair Costantino dissenting.) Case # 07-520 Deliverance Holy Temple Inc. 202 NW 9th Avenue Pastor R. Smith Pete Roy, Chief Code Officer, presented the case and reviewed the violations, which pertained to having a licensed contractor obtain permits for the air conditioning. The Notice of Violation date was February 26, 2007. The hearing date was May 16, 2007 and Pastor Smith appeared. The compliance date set by the board was June 15, 2007 or incur a fine of $50 per day. The violation still existed having 186 days of non- compliance. Motion Ms. Carroll moved to table Case #07-520 to February 20, 2008. Mr. Karageorge seconded the motion that passed 5-1, (Chair Costantino dissenting.) Case #07-2823 Luc C. Vildor 317 NE 10th Avenue Code Officer Roy presented the case which pertained to replacing broken windows, patching holes in the wall, replace cover on panel box, repair fence, remove trash and debris and secure unit at windows and doors. The Code Compliance Hearing date was November 19, 2007, and no one appeared. The compliance date was set for November 29,2007, or incur a fine of $250 per day. 12 Meeting Minutes Code Compliance Board Boynton Beach Florida December 19,2007 Luc Vildor, 634 NW 42nd Street, explained the property was in foreclosure, and they were financially unable to take care of the property. Part of the reason the property was being foreclosed was due to the tenants not paying rent over the past few months. He could not afford the property and advised the bank was aware of the matter. He had explained this to Code Officer Mike Melillo and that it was costly to make the repairs. The windows and doors were secured and they posted a sign so anyone entering the property would be trespassing. Officer Roy advised the property was accessible and there were people in the first apartment. He further advised the police were at the premises several times. Mr. Vildor was under the impression the property was vacant. Attorney Tolces advised the board could ask the City Commission to declare this as an emergency situation due to health safety and welfare of the public. The City would recoup their loss by placing a lien on the property. The panel box was secured, however, Mr. Vildor did not know if FPL disconnected service since the prior tenant paid for electric and it was now vacant. Motion Based on the testimony and evidence presented in Case #07-2823, Mr. Moyer moved that this Board find that the Respondent has not complied with this Board's Order dated November 19, 2007, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $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. Ms. Carroll seconded the motion that unanimously passed. Motion Mr. Moyer moved, in accordance with section 279(A) of the Boynton Beach Code of Ordinances, that the Boynton Beach City Commission be notified of the health and public safety issues associated with the property. Ms. Carroll seconded the motion that unanimously passed. It was explained to Mr. Vildor the City Commission will put a lien on the property to recover the costs of securing the property. Case #98-1952 Theodore F. Ryan' Gerhard Degen 1014 NE 7th Street 13 Meeting Minutes Code Compliance Board Boynton Beach Florida December 19, 2007 Scott Blaise, Code Compliance Administrator, explained Mr. Degen did quite a bit of work. Mr. Ryan was stockpiling fill on the property. The property was completely overgrown, and boats and other items were stored there. It took a substantial amount of work to come into compliance. Mr. Degen explained 15 years ago they bought the property as a joint ownership project. During the first 2-10 years he was in Austria, all was fine. He had no real knowledge of Code Enforcement. He reported his uncle had a different idea of how to run things, so it took him a while to learn of the issues. He was made aware of Mr. Ryan's doings, and it had been an ongoing process but the land was finally split. Mr. Degen reported his half of the property was currently a vacant lot and he put up a fence. Mr. Erskine Rogers, an attorney appearing as a witness, was available to testify to Mr. Degen's actions. Mr. Rogers provided the history of the property and explained Mr. Ryan was in complete control of the property. He was eventually retained by Mr. Degen and was the attorney who partitioned the property with Mr. Ryan retaining the south half and Mr. Degen retaining the north. Mr. Rogers testified the fence was erected and that Mr. Degan spent money to rectify the matter. Although he was overseas, he acted very responsibly. Mr. Foot inquired how the City would handle the matter since the docks were on Mr. Ryan's property. Attorney Tolces advised the Release of Lien would be granted on the property owned by Mr. Degen, but it would remain on the property owned by Mr. Ryan, who also had the right to request a lien reduction as well. He further explained the lien attaches to a legal description not address. The legal description now encompassed two lots. Ms. Carroll noted the property came into compliance in 2004, prior to the property being partitioned in that same year. Mr. Rogers noted there were two liens, this one being heard and a second lien that will impact Mr. Ryan as well Mr. Degen. If the board wants to address that as well, they could. There appeared to be consensus to release Mr. Degen from the lien. Any release filed only applied to the property owned by Mr. Degen owning the northern part of the property. Motion Based on testimony and evidence presented in Case #98-1952, having been advised that the Respondent, Gerhardt Degen owns only part of the original property, Mr. Foot 14 Meeting Minutes Code Compliance Board Boynton Beach Florida December 19, 2007 moved that this Board release Mr. Degen individually, and his property, from the lien placed in this case. Mr. Yerzy seconded. Mr. Foot amended his motion to read, Based on evidence and testimony and having been advised 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 release Gerhardt Degen, individually, and his property, that was part of this case. Mr. Yerzy seconded the amendment that unanimously passed. Case #01-2627 Edmundo & Laura C. Manterola 2215 NE 4th Court Scott Blasie, Code Compliance Administrator, explained this case pertained to an Business Tax Receipt being required, removing trash and debris and a truck from the property. Grass needed to be installed in bare spots, and repairing or installing a new driveway was required. Mr. Blasie had two photos taken December 18, 2007. There was a copy of a quit claim deed recorded in August, 2007 and two photos which were taken May 13, 2002 and July 15, 2002. (Mr. Karageorge left the dais at 9:03 p.rn.) James Monus Munoz was present and explained the Respondent was his mother who passed away four years ago. Mr. Blasie showed Mr. Monus and the board photos. He reported she bought the home seven years ago with the intention to move in but decided to rent it out. She did not know she needed a business tax license. They made some repairs. When his mother passed away, his stepfather moved in. Eventually the stepfather moved out and he was taking possession of the property and intended to live in the dwelling. He explained he obtained a permit and when they were taking steps to transfer the property to his name, they learned of the open violations. He was not aware there was any amount associated with the violations. (Mr. Karageorge returned to the dais at 9:05 p.rn.) Mr. Blasie explained there was an addition on the back of the dwelling he had to remove. It was noted the carport had rust so that was removed as well. He has done a great deal of work to get to this point. There were plans in the City and they are ready to go. The Respondent explained all was approved and all fees were paid. Mr. Foot thought reducing the lien to only administrative costs would be appropriate. Motion Based on testimony and evidence presented in Case #01-2627, 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, Ms. 15 Meeting Minutes Code Compliance Board Boynton Beach Florida December 19, 2007 Carroll moved that this Board reduce the fines instituted in Case #01-2627, by virtue of this Boards Order of May 15, 2002, to an amount of $922.21 which includes administrative costs. Mr. Foot seconded the motion that unanimously passed. Case #06-78 Rubio Fortunato & Veronica Pantoja 859 NW 8th Ave. Scott Blasie reviewed the case which pertained to securing the pool, an occupational license being required and violations of the Community Appearance Code as it pertained to trash & debris, and weeding and sodding the yard. He reviewed the board established two orders with the case. The first order, to secure the pool, was complied on April 10, 2006 and the board certified no fine. The second order was March 17, 2006, or incur a $50 per day fine. The second order came into compliance on October 24, 2007 with 585 days of non-compliance. Mr. Blasie reported the Respondent was present. Chair Costantino asked what caused the delay in the repairs. Veronica Pantoja 580 NE 2nd Avenue, Ft. Lauderdale, explained there was almost a $30K lien and it was because she tried to fix something and she wasn't knowledgeable about how to properly fix it. When she fixed one thing, Code Enforcement found another. She's has been working for two years on the property, which was empty. She was not intending to rent it and she may move into the property. Ms. Blasie advised, there was an initial inquiry on May 22, 2006 and a report was generated on May 24, 2006. There were 10 items that needed to be corrected. They were then notified in October of this year the Respondents were interested in a lien reduction. He inspected the premises with the 2006 punch list which had five outstanding items which were now corrected. He advised the Respondents were in pursuit of a lien reduction for at least a year. Some items were permit items, which were corrected. Mr. Yerzy was extremely impressed with the property and thought the Respondents should be given every consideration. Mr. Foot thought 5% of the fine $1,460, plus administrative costs totaling less than $2,400 would be appropriate. Ms. Carroll thought $922.21 for administrative costs was appropriate since she secured the pool within two months and the fence right away. Code Enforcement kept finding other things not related to the case, and each time Code Enforcement inspected there was another item. Ms. Carroll expressed more than 50% was corrected right away but she couldn't come before the board because of the other issues. Since the Respondent tried and the pool was secured so quickly she thought reducing it to the $922.21 was fair. Mr. Foot felt for the neighbors. 16 Meeting Minutes Code Compliance Board Boynton Beach Florida December 19, 2007 Ms. Carroll expressed installing sod was expensive and the yard was comprised of two lots. Motion Based on testimony and evidence presented in Case #06-78, 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, Ms. Carroll moved that this Board reduce the fines instituted in Case #06-78, by virtue of this Board's Order of February 15, 2006 to an amount of $922.21, including administrative costs. Mr. Moyer seconded the motion that passed 5-1 (Mr. Foot dissenting.) Case # 06-2690 Rigaud & Yolaine Saintfort 1515 SW 2nd St. Mr. Blasie explained this violation pertained to trash & debris, and unlicensed/inoperable vehicles in the driveway. Additionally, the driveway was to be repaired. The case was heard on October 23, 2006 and no one appeared. Staff documented compliance on May 8,2007. The driveway repair took, the longest time to repair causing the 78 days of non-compliance. Staff had photographs which were taken on April 16, 2007 and September 26,2007, which he distributed for viewing. Rigaud Saintfort was present and was put under oath. He responded he did not have the money to fix the driveway which cost about $4K. The trash and inoperable vehicles were removed. Officer Webb advised the vehicles were removed almost immediately. This was a concrete driveway which was expensive. The only violation that created the fine was the driveway. Motion Based on having testimony and evidence presented in Case #06-2690 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, Ms. Carroll moved that this Board reduce the fines instituted in Case #06-2690, by virtue of this Board's Order of December 12, 2006 to an amount of $730.13, which includes administrative costs. Mr. Yerzy seconded the motion. Mr. Foot thought the motion did not recognize what the neighborhood put up with. Ms. Carroll explained he took care of the vehicles immediately, but the only issue left was the driveway which likely required a permit and $4,000 out of pocket expenses for the Respondent. There was a vote on the motion which failed 2-4 (Messrs, Karageorge, Foot, Moyer and Chair Costantino dissenting.) 17 Meeting Minutes Code Compliance Board Boynton Beach Florida December 19, 2007 Motion Based on testimony and evidence presented in Case #06-2690, 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 #06-2690, by virtue of this Board's Order of December 20, 2006, to an amount of $1,120.15 including administrative costs. Mr. Yerzy seconded the motion that passed 5-1 (Ms. Carroll dissenting.) Ms. Carrol/left the meeting at 9:28 p.m. The board recessed at 9:29 p.m. The board reconvened at 9:35 p.m. Case #07-3073 Location: Violation( s): Valerie Lewis 2031 NW 1st Street CH15-ART.IX-15-120(E) Inc. Remove blue tarp from room, roof deterioration is more than 20%, reroof the structure. Courtney Cain, Code Officer, presented the case and explained the City was recommending 30 days be given, (by January 18, 2008) for compliance. Motion Based on the testimony and evidence presented in Case #07-3073, Mr. Yerzy moved that this Board find that Valerie Lewis is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violations on or before January 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 January 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. Mr. Moyer seconded the motion that unanimously passed. Case #07-3074 Location: Violation(s): Riche Vilaire & Meranvil Marie 149 NE 16th Avenue CH15-ART.IX-15-120(E) Inc. CH15-ART.IX-15-120(D) Inc. 18 Meeting Minutes Code Compliance Board Boynton Beach Florida December 19, 2007 Paint House & Facia Boards, install driveway, mow yard and swale area. Code Officer Cain presented the case and explained the City recommended 120 days be given for compliance, by April 17, 2008. The issue was the Respondents were trying to obtain a refinance, and due to the holidays and amount of work, the time allowance was warranted. Motion Based on the testimony and evidence presented in Case #07-3074, Mr. Yerzy moved that this Board find that Riche Vilaire & Meranvil Marie 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 April 17, 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 April 17, 2008 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that unanimously passed. Case #07-3288 Location: Violation( s): Christine Beauvais 2122 NE 1st Court CHP13,ART 1, SEC 13-16 Business tax receipt required Code Officer Cain presented the case which involved a business tax receipt and indicated the City was recommending 10 days, until December 29, 2007 be given for compliance. Motion Based on the testimony and evidence presented in Case #07-3288, Mr. Foot moved that this Board find that Christine Beauvais 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 December 29, 2007. 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 December 29, 2007 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. 19 Meeting Minutes Code Compliance Board Boynton Beach Florida December 19, 2007 Case #07 -3289 Location: Violation(s): George Hommel & Mary Ellis 2151 NE 1st Street CH15-ART.IX-15-120(D) Inc. 10-20 B.B.C. of Ord. 424.2.17.1.1 Through 10 Remove trash & debris from property (lawn mowers, pipes, car parts, trailers, motorcycles) secure pool and repair fence. Code Officer Cain presented the case and reviewed the violations. The City was recommending 30 days be given, until January 18, 2008, for compliance. Mr. Moyer asked if there was a problem with the pool. The only remaining violation was trash, the lawnmower and mise items; the pool was complied. Motion Based on the testimony and evidence presented in Case #07-3289, Mr. Foot moved that this Board find that George Hommel & Mary Ellis 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 January 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 $50 per day for each day the violation continues past January 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. Yerzy seconded the motion that unanimously passed. Case #07-3022 Location: Violation( s): Michael Jeantral 1117 Meadows Circle PT3-LDR.CH20-VIII.SEC1.G. PT3-LDR. CH20-VIII.SEC2.A CHP13, ART 1, SEC 13-16 Repair patio screen, handle on tub, leaking ale and hot water heater, remove abate mold from unit, dry carpet, obtain a current business tax license. Officer Herring presented the case and reviewed the violation. The City was recommending 10 days be given for compliance, by December 29,2007. 20 Meeting Minutes Code Compliance Board Boynton Beach Florida December 19, 2007 Motion Based on the testimony and evidence presented in Case #07-3022, Mr. Foot moved that this Board find that Michael Jeantral 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 December 29, 2007. 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 December 29, 2007 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that unanimously passed. Case #07-3083 Location: Violation(s): Daniel E. Morton 9754 Nickels Boulevard 206 CHP13, ART 1, SEC 13-16 Current Business Tax Receipt needed Officer Herring presented the case and reviewed the violations. The City was recommending 10 days, until December 29,2007 to correct the violation or incur a $100 per day fine. Motion Based on the testimony and evidence presented in Case #07-3083, Mr. Moyer moved that this Board find that Daniel Morton 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 December 29,2007. 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 December 29, 2007 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that unanimously passed. Case #07-3207 Deutsche Bank National Trust Company, Trustee 1418 Meadows Circle PT3-LDR.CH20-VIII.SEC1.G. PT3-LDR. CH20-VII I. SEC2.A Remove mold from property and secure building. Location: Violation(s): 21 Meeting Minutes Code Compliance Board Boynton Beach Florida December 19, 2007 Officer Herring presented the case and reviewed the violations. The City was recommending 10 days, until December 29, 2007 to correct the violations or incur a fine of $250 per day. Motion Based on the testimony and evidence presented in Case #07-3207, Mr. Yerzy moved that this Board find that Deutsche Bank National Trust Company, Trustee 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 December 29, 2007. 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 December 29,2007 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Moyer seconded the motion that unanimously passed. Case #07-2471 Location: Violation(s): Socorro Mendoza 418 NW th St. CH15-ART.IX-15-120(D) Inc. CH 15-ART.IX-15-120(E) Inc. BBA FBC '04105.1.1. Remove construction waste and supplies and materials from the property. Repair and replace soffits on the building, secure building and electrical permits for new door and windows, outdoor lights, wires and metal fencing. Skip Lewis, Senior Code Officer, presented the case and reviewed the violation. The City was recommending 60 days, until February 2+, 17, 2008 to comply. There were no safety hazards remaining, only the permit issues. The Respondent had indicated to Officer Lewis he would need 60 days to comply. Motion Based on the testimony and evidence presented in Case #07-2471, Mr. Yerzy moved that this Board find that Socorro Mendoza 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 February 2+, 17, 2007. 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, 22 Meeting Minutes Code Compliance Board Boynton Beach Florida December 19, 2007 a fine in the amount of $100 per day for each day the violation continues past December 29, February 17, 2007, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Moyer seconded the motion that unanimously passed. Case #07-3118 Location: Violation(s): Elie & Marie Macius 420 NW ih St. CH15-ART.IX-15-120(D) 1lnc. Mow and trim overgrown yard areas. Remove trash and debris. Repair or replace broken fence. Code Officer Skip Lewis presented the case and reviewed the violations. The City was recommending 10 days, until December 29, 2007 to comply. Motion Based on the testimony and evidence presented in Case #07-3118, Mr. Yerzy moved that this Board find that Elie & Marie Macius are in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violations on or before December 29, 2007. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondent and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past December 29, 2007 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 #07-2415 Location: Violation(s): U.S. Bank National Assoc. Tr 2711 N. Haksekk Ave. #900 CH15-ART.IX-15-120(D) Inc. Obtain roof permit to make roof repairs Pete Roy, Senior Rehabilitation Officer presented the case and reviewed the violations. The City was recommending 10 days to comply, by December 29,2007. Motion Based on the testimony and evidence presented in Case #07-2415, Mr. Yerzy moved that this Board find that U.S. Bank National Assoc. Tr. 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 December 29, 2007. The Board has considered the gravity 23 Meeting Minutes Code Compliance Board Boynton Beach Florida December 19, 2007 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 December 29, 2007 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Moyer seconded the motion that unanimously passed. Case #07-3019 Location: Violation(s): Alice W. Hollis 327 NE 11th Avenue CH15-ART.IX-15-120(D) Inc. Mow grass and weeds in the back yard, remove trash and debris Code Officer Roy presented the case and reviewed the violations. The City was recommending 10 days be given to comply, by December 29,2007. It was unknown if the dwelling was occupied; however, Officer Roy advised this was an estate issue. Motion Based on the testimony and evidence presented in Case #07-3019, Mr. Foot moved that this Board find that Alice W. Hollis 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 December 29, 2007. 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 December 29, 2007 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. Vote Mr. Foot amended his motion to a $100 per day fine. Chair Costantino passed the gavel to Mr. Yerzy and seconded the motion which passed 4-1, (Mr. Karageorge dissenting.) Case #07-2822 Location: Violation(s): Sujery Castillo & Juan Vargas 440 NE 27th Avenue CH15-ART.IX-15-120(D) Inc. Weed the driveway and mow the yard, remove trash and debris 24 Meeting Minutes Code Compliance Board Boynton Beach Florida December 19, 2007 Code Officer Pierre presented the case and reviewed the violations. The City was recommending 15 days be given to comply, by January 3, 2008. Motion Based on the testimony and evidence presented in Case #07-2822, Mr. Yerzy moved that this Board find that Sujery Castillo & Juan Vargas 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 January 3, 2008. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondenst and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past January 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. Moyer seconded the motion that unanimously passed. Case #07-2992 Location: Violation(s): Emmanuel & Jeannette Thomas 2601 NE 1 st Street CH15-ART.IX-15-120(D) Inc. Weed and mow the yard, remove trash and debris, replace broken window. Code Officer Roy presented the case and reviewed the violations. The City was recommending 15 days be given to comply, by January 3, 2008. Motion Based on the testimony and evidence presented in Case #07-2992, Mr. Moyer moved that this Board find that Emmanuel & Jeannette Thomas are in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondents correct the violations on or before January 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 $100 per day for each day the violation continues past January 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. Case #07-3014 Location Violation(s): Sharon Sullivan 301 Ocean Parkway CH15-ART.IX-15-120(D) Inc. Mow yard and trim hedges and tree 25 Meeting Minutes Code Compliance Board Boynton Beach Florida December 19, 2007 Officer Pierre presented the case. The City was recommending 10 days, until January 18, 2008 for compliance. Motion Based on the testimony and evidence presented in Case #07-3014, Mr. Yerzy moved that this Board find that Sharon Sullivan is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violations on or before January 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 January 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. Mr. Karageorge seconded the motion that unanimously passed. Case #07-3209 Location: Violation(s): Donald L. Smith, Jr. 2622 NE 4th Court CH15-ART.IX-15-120(D) Inc. Vehicle does not comply with City Code. Register vehicle & have vehicle operable. Code Officer Roy presented the case and reviewed the violations. The City was recommending 10 days be given to comply, by December 29,2007. Motion Based on the testimony and evidence presented in Case #07-3209, Mr. Foot moved that this Board find that Donald L. Smith, Jr. 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 December 29, 2007. 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 December 29, 2007 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that unanimously passed. Case #07-2729 Location: Violation(s): Ella & L.L. Lester 406 NW ih Avenue CH 15-ART.IX-15-120(D) Inc. 26 Meeting Minutes Code Compliance Board Boynton Beach Florida December 19, 2007 10-3 B.B.C. ofOrd. Pt3-LDR.CH2.SEC.5.D.1. Remove outside storage trash and debris, unregistered vehicles and parts, and construction equipment from the property. Code Officer Roy presented the case and reviewed the violations. The City was recommending 10 days be given to comply, by December 29,2007. Motion Based on the testimony and evidence presented in Case #07-2729, Mr. Moyer moved that this Board find that Ella & L. L. Lester 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 December 29, 2007. 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 December 29, 2007 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 #07-2974 Location: Violation(s): M.A.J. Properties LLC 623 N. Railroad Avenue CH15-ART.IX-15-120(D) Inc. 10-3 B.B.C. of Ord. Pt3-LDR.CH2.SEC.5.D.1. Remove outside storage trash and debris, unregistered vehicles and parts, and construction equipment from the property. Code Officer Roy presented the case and reviewed the violations. The City was recommending 10 days be given to comply, by December 29,2007. Motion Based on the testimony and evidence presented in Case #07-2974, Mr. Karageorge moved that this Board find that M.A.J. Properties LLC is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violations on or before December 29, 2007. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by 27 Meeting Minutes Code Compliance Board Boynton Beach Florida December 19, 2007 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 December 29, 2007 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. Vote The building was not secured. Mr. Karageorge amended his motion to reflect a fine amount of $250 per day. Mr. Moyer seconded the motion that unanimously passed. It was noted the only other issue on this property was a demolition. The debris was cleared out on Railroad Avenue. Case #07-3172 Location: Violation(s): Everard K. Addison 712 NW 1st Street CH15-ART.IX-15-120(D) Inc. Mow and Maintain property to comply with City Ordinance Code Officer Roy presented the case and reviewed the violations. The City was recommending 10 days be given to comply, by December 29,2007. Motion Based on the testimony and evidence presented in Case #07-3172, Mr. Yerzy moved that this Board find that Everard K. Addison 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 December 29, 2007. 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 December 29, 2007 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 #07-2672 Location: Violation(s): Barbara P. Garside 207 SE 4th Avenue CH15-ART.IX-15-120(E) Inc. BBA FBC '04105.1.1. Repair roof and obtain permits. Business Tax Receipt needed to rent residence 28 Meeting Minutes Code Compliance Board Boynton Beach Florida December 19, 2007 Officer Webb presented the case and reviewed the violations. The City was recommending 30 days be given to comply, by January 18, 2008. Motion Based on the testimony and evidence presented in Case #07-2672, Mr. Yerzy moved that this Board find that Barbara P. Garside is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violations on or before January 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 $100 per day for each day the violation continues past January 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. Mr. Karageorge seconded the motion that unanimously passed. Case #07-2967 Location: Violation( s): Rony & Marie David 319 SW 9th Avenue CH15-ART.IX-15-120(D) Inc. BBA FBC '04 105.1.1. Remove trash & debris, obtain permit for shed. Officer Webb presented the case and reviewed the violations. The City was recommending 15 days be given to comply, by January 3, 2008. Motion Based on the testimony and evidence presented in Case #07-2967, Mr. Moyer moved that this Board find Rony & Marie David are in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violations on or before January 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 January 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. Karageorge seconded the motion that unanimously passed. Case #07-3121 Location: Violation(s): Rich Guerin & Angela Mitchell 409 SE 20th Ct. CH15-ART.IX-15-120(D) Inc. 29 Meeting Minutes Code Compliance Board Boynton Beach Florida December 19, 2007 Mow and trim property. Remove trash & debris. Officer Webb presented the case and reviewed the violations. The City was recommending 15 days be given to comply, by January 3, 2008. Motion Based on the testimony and evidence presented in Case #07-3121, Mr. Moyer moved that this Board find Rich Guerin & Angela Mitchell is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violations on or before January 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 January 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. Code Officer Pierre recommended the following fines be certified at $50 per day: Case #07-352 Case #07-2701 Case #07-352 Annie Jones 314 NW 3rd Street Motion Based on the testimony and evidence presented in Case #07-352, Mr. Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated August 15, 2007, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $50 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Moyer seconded the motion that unanimously passed. Case #07-2701 Vinnette Williams 340 SW 10th Ave. Motion Based on the testimony and evidence presented in Case # 07-2701, Mr. Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated November 19, 2007, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $50 30 Meeting Minutes Code Compliance Board Boynton Beach Florida December 19, 2007 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Moyer seconded the motion that unanimously passed. Officer Pierre recommended the following cases be certified at $75 per day: Case #07-2743 Case #07-2655 Case #07 -27 43 Deutsche Bank Nat'l Trust Co. 322 Glen Arbor Terrace Motion Based on the testimony and evidence presented in Case #07-2743, Mr. Foot moved that this Board find that the Respondent has have not complied with this Board's Order dated October 17, 2007, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $75 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Karageorge seconded the motion that unanimously passed. Case #07-2655 Stewart A. Houghtaling 222 SE 4th Avenue Motion Based on the testimony and evidence presented in Case # 07-2655, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated October 17, 2007, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $75 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Karageorge seconded the motion that unanimously passed. Officer Pierre recommended Case # 07-2238 be certified at $100: Case #07-2238 Lancore Nursery LLC 2632 N. Federal Hwy. Motion Based on the testimony and evidence presented in Case # 07-2238, Mr. Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated September 19, 2007, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the 31 Meeting Minutes Code Compliance Board Boynton Beach Florida December 19, 2007 Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Moyer seconded the motion that unanimously passed. Officer Pierre recommended Case # 07-2353 Case # 07-2901 be certified at $250 Case #07-2353 Andre St. Juste 925 Greenbriar Dr. Motion Based on the testimony and evidence presented in Case # 07-2353, Mr. Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated September 19, 2007, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $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. Moyer seconded the motion that unanimously passed. Case #07-2901 Vinnette Williams 340 SW 10th Ave. Motion Based on the testimony and evidence presented in Case # 07-2901, Mr. Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated September 19, 2007, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $250 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Karageorge seconded the motion that unanimously passed. Officer Pierre recommended the next case be certified at $500. Case #07 -2673 Omari Murray 211 SE 4th Ave. Motion Based on the testimony and evidence presented in Case # 07-2673, Mr. Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated October 17, 2007, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $500 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Karageorge seconded the motion that unanimously passed. 32 Meeting Minutes Code Compliance Board Boynton Beach Florida December 19, 2007 Officer Pierre recommended the following cases receive "No Fine": Case #06-2782 Case #07-1830 Case #07-2169 Case #07-2563 Case #07-1100 Case #07-1636 Case #07-2622 Case #06-2782 Boynton Flex LLC 3479 High Ridge Rd. Disaster America of Florida Motion Based on testimony and evidence presented in Case #06-2782, Mr. Yerzy moved that this Board find that the Respondent Boynton Flex LLC, Disaster America of Florida, was in violation of the City of Boynton Beach Code Sections as cited subsequent to the date of compliance specified in the Board's Order of January 17, 2007, and in consideration of the gravity of the violations and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent, that this Board impose and certify "No Fine." Mr. Moyer seconded the motion that unanimously passed. Case #07-1830 Yachtsman Properties LLC Andrew P. Cohen 1600 N. Federal Hwy. Motion Based on testimony and evidence presented in Case #07-1830, Mr. Yerzy moved that this Board find that the Respondent, Yachtsman Properties LLC, Andrew P. Cohen, was in violation of the City of Boynton Beach Code Sections as cited subsequent to the date of compliance specified in the Board's Order of August 15, 2007, and in consideration of the gravity of the violations and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent that this Board impose and certify "No Fine." Mr. Moyer seconded the motion that unanimously passed. Case #07-2169 Mislaine Dormil & Abija Emilcar 171 SE 287th Place Motion Based on testimony and evidence presented in Case #07-2169, Mr. Yerzy moved that this Board find that the Respondents, Mislaine Dormil & Abija Emilcar, were in violation of the City of Boynton Beach Code Sections as cited subsequent to the date of 33 Meeting Minutes Code Compliance Board Boynton Beach Florida December 19, 2007 compliance specified in the Board's Order of September 19, 2007, and in consideration of the gravity of the violations and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents that this Board impose and certify "No Fine." Mr. Moyer seconded the motion that unanimously passed. Case #07-2563 Debborrah D. Washington 1950 NW 1 st Street Motion Based on testimony and evidence presented in Case #07-2563, Mr. Yerzy moved that this Board find that the Respondent Oebborrah D. Washington, was in violation of the City of Boynton Beach Code Sections as cited subsequent to the date of compliance specified in the Board's Order of October 17, 2007, and in consideration of the gravity of the violations and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent, that this Board impose and certify "No Fine." Mr. Moyer seconded the motion that unanimously passed. Case #07-1100 Menorah Realty LTD. 1920 Corporate Drive Motion Based on testimony and evidence presented in Case #07-1100, Mr. Yerzy moved that this Board find that the Respondent, Menorah Realty L TO, was in violation of the City of Boynton Beach Code Sections as cited subsequent to the date of compliance specified in the Board's Order of August 15, 2007, and in consideration of the gravity of the violations and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent, that this Board impose and certify "No Fine." Mr. Moyer seconded the motion that unanimously passed. Case #07-1636 United Realty Management Inc. 135 NE 11th Avenue Motion Based on testimony and evidence presented in Case #07-1636, Mr. Yerzy moved that this Board find that the Respondent, United Realty Management Inc., was in violation of the City of Boynton Beach Code Sections as cited subsequent to the date of compliance specified in the Board's Order of October 17, 2007, and in consideration of the gravity of the violations and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent that this Board impose and certify "No Fine." Mr. Moyer seconded the motion that unanimously passed Case #07-2622 Mike & Cheryl M. Levy 720 SE 3rd Street 34 Meeting Minutes Code Compliance Board Boynton Beach Florida December 19, 2007 Motion Based on testimony and evidence presented in Case #07-2622, Mr. Yerzy moved that this Board find that the Respondents, Mike & Cheryl M. Levy, 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 October 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." Mr. Moyer seconded the motion that unanimously passed Officer Pierre recommended the Board table the following cases to February 20, 2008: Case #07-675 Case #07-561 Case #07-564 Case #07-1103 Case #07-298 Case #07 -67 5 LaBella Properties LLC Dennis Eakin - Dennis Hines 3010 SW 14th PL 10 Motion Mr. Yerzy moved that Case #07-675 be tabled until the Code Compliance Board meeting to be held on February 20, 2008. Mr. Moyer seconded the motion that unanimously passed. Case #07 -561 Yachtsman Properties LLC Andrew P. Cohen 1600 N. Federal Hwy. Motion Mr. Yerzy moved that Case #07-561 be tabled until the Code Compliance Board meeting to be held on February 20, 2008. Mr. Moyer seconded the motion that unanimously passed. Case #07-564 Yachtsman Properties LLC Andrew P. Cohen 1600 N. Federal Hwy. Motion Mr. Yerzy moved that Case #07-564 be tabled until the Code Compliance Board meeting to be held on February 20, 2008. Mr. Moyer seconded the motion that unanimously passed. 35 Meeting Minutes Code Compliance Board Boynton Beach Florida December 19, 2007 Case #07-1103 Exotic Motorcars & Jewelry Inc. 103 Commerce Rd. Motion Mr. Yerzy moved that Case #07-1103 be tabled until the Code Compliance Board meeting to be held on February 20, 2008. Mr. Moyer seconded the motion that unanimously passed. Case #07-298 Therese M. Fredrickson 1708 SW 16th Street Motion Mr. Yerzy moved that Case #07-298 be tabled until the Code Compliance Board meeting to be held on February 20, 2008. Mr. Moyer seconded the motion that unanimously passed. Officer Pierre recommended Case #06-2328 be tabled to the June meeting: Case #06-2328 Boynton Shoppes Acquisition 2212 N. Congress Ave. Motion Mr. Yerzy moved that Case #06-2328 be tabled until the Code Compliance Board meeting to be held on June 18, 2008. Mr. Karageorge seconded the motion that unanimously passed. Approval of Minutes of August 23,2007. Motion Mr. Yerzy moved to approve the minutes as presented. Mr. Moyer seconded the motion that unanimously passed. Approval of Minutes of September 27, 2007. Motion Mr. Moyer moved to approve the minutes as presented. Mr. Yerzy seconded the motion that unanimously passed. Approval of Minutes of November 19, 2007. 36 Meeting Minutes Code Compliance Board Boynton Beach Florida December 19, 2007 There were three corrections to the minutes which were Case #06-1441, the address should read 2810 SE 5th Circle, on page 14, the Vinnette Williams Case # was 07-2901 and Case #07-1063, the name should read Lue Gennie Williams. Attorney Tolces also wanted the clarify the minutes are reflective of the board's intention, regarding the Ralph and Rosie Case, which was properly recorded in the order. The minutes included the fine would run up until the time of compliance. The fine, as noted in the order, ran only up to that date. As noted this month, the Respondent came forward for this time period. Motion Mr. Foot moved to approve the minutes amended to reflect the board order for the Ralph and Rosie Case. Mr. Yerzy seconded the motion that unanimously passed. Motion Mr. Foot moved to approve the November 19, 2007 minutes as amended. Mr. Yerzy seconded the motion that unanimously passed. Attorney Tolces advised at the request of Chair Costantino, he checked on board elections because the City Commission makes the board appointments in December and not in the spring. The Code only provided for the board to elect a chair and it did not provide a specific date. Mr. Foot thought that should be done next month. Attorney Tolces advised the board has not adopted any rules about the matter. He would develop these rules and work with staff to provide information on how the board operates. Election of the Chair and Vice Chair would be put on the next agenda. Adiournment There being no further business before the board, there was consensus to adjourn. The meeting adjourned at 10:05 a.m. ~~r~ Recording Secretary 010808 37