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Minutes 01-16-08 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNEDAY, JANUARY 16,2008, 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 David Tolces, Assistant City Attorney I. Call to Order Chair Costantino called the meeting to order at 7:00 p.m. and wished all a Happy New Year. II. Approval of Agenda Pete Roy, Sr. Code and Rehabilitation Officer, reported an addition on Case NO.07- 2795, Cases to Be Heard, that would be moved to Section B. He explained there were two orders in that case. One order was to allow ten days for compliance and the other portion was tabled. The portion that was tabled would be heard in order to have a time certain added to it. Officer Roy reported Case # 03-2123, Case #05-2032 and Case #06-2472 should be tabled. Motion Mr. Foot moved that Case #03-2123 be tabled until the Code Compliance Board meeting to be held on March 19, 2008. Mr. Yerzy seconded the motion that unanimously passed. Motion Mr. Foot moved that Case #05-2032 be tabled until the Code Compliance Board meeting to be held on Mar:ch 19, February 20, 2008. Mr. Yerzy seconded the motion that unanimously passed. Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2008 Motion Mr. Foot moved that Case #06-2472 be tabled until the Code Compliance Board meeting to be held on February 20, 2008. Mr. Yerzy seconded the motion that unanimously passed. Officer Roy reported Case Nos. 07-3316, 07-3437, 07 2329, 07-3299, 07-3395 and 07- 3377 complied. Case Nos. 07-3322 and 07-3177 were removed. Motion Ms. Carroll moved approval of the agenda as indicated. Mr. 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 Pete Roy called the roll and determined who was present. Chair Costantino requested moving Case #07-3099 to the front of the agenda, followed by Case #07-2825 due to an attorney and a parent with a small child being present. Motion Mr. Karageorge so moved. Mr. Moyer seconded the motion that unanimously passed. Case #07 -3099 San Rafael Condominium Assoc. Residential Management Concepts 2 Renaissance Way PT3-LDR.CCH7.5-11. SEC5.B Restore landscaping in San Rafael common areas to original plan on file Location: Violation(s): Skip Lewis, Sr. Code Officer, presented the case which arose as the result of a citizen complaint. The initial inspection date was 10-30-07. Service was obtained by hand 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2008 delivery to the management company and individual service to the Association President. A representative for the association was present. Donald Goldman, 4406 Renaissance Way, an attorney representing the association, pled no contest. He requested the case be tabled for one year. Officer Lewis explained the City Forester, Kevin Hallahan, reviews the landscape plans. There was a complaint and some deficiencies noted involving trees, plants and mulch. There was an amendment to the plan filed in 2004. Ms. Carroll noted there was information included in the backup materials; one letter to the forester and one from a citizen. Mr. Foot asked what Mr. Hallahan and staff felt about the one year-time extension however, Mr. Hallahan could not be present. Scott Blasie, Code Compliance Administrator, advised he spoke with Mr. Hallahan earlier in the day and read an email dated January 15, 2007, from him, which referenced the violations and his recommendations. The first recommendation was to verify with the landscape architect firm for the property, Colter and Herring, that the landscape plans used to restore the landscape/irrigation improvements for the entire site were the correct plans. Mr. Hallahan had informed Mr. Blaise there were two sets of landscape plans; one from 2004 and a set from 2005. Mr. Hallahan explained the HOA, until recently, was only working off the 2004 set which were now obsolete. They were unaware of the 2005 plans. Mr. Hallahan also explained the 2005 plans were substantially different. San Rafael is a small component of Renaissance Commons. The policy on projects of that scope, with smaller pods being built out during the course of the project, would take some years to build out. Mr. Hallahan conducts landscape inspections during that time. Part of that inspection is tied in to the Certificate of Occupancy. The overall landscape plan for Renaissance Commons covered San Rafael and could be amended from time to time. If the Association experienced any problems, they could inform him the plan was not working in that area and they would try something else. Mr. Blasie inspected the premises earlier in the day. He advised most of the plant material appeared to be in good shape. There was mulching issues and some weeds. The second recommendation was to meet with City Forester and Environmentalist and follow a plan of action to comply the property in a timely manner in accordance with the Code Compliance Board. The third step was to restore all landscape and irrigation improvement in accordance with the plan with all specifications, notes and details written and shown on the appropriate pages. 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2008 The fourth component was to call for inspections of all completed land and irrigation improvements in accordance with the directions of the Code Compliance Board. The last step was to make all necessary corrections to the landscape/irrigation improvements as directed by the Forester as a result of the required inspections. Mr. Hallahan felt as far as the landscaping and plant material, those improvements should not take very long because, in his opinion, the present landscaping did not deviate much from the plan. It was requested the mulch issue be tabled. San Rafael asserted they are unable to keep mulch on the sites due to downspouts and drainpipes and issues of that type. He would table the mulch issue until the rainwater and stormwater problem was resolved. San Rafael was currently working with Compson about the issue. Mr. Goldman explained there should be a letter from Mr. Hallahan in the backup materials. The board did not have the letter and Mr. Goldman provided a copy to the board. He asserted they made every attempt to be in compliance and their letter indicated the same. They were not sure which plans they have to follow. The board was advised that due to the difficulties they have with the drainage, the Association entered into negotiations with the developer. The developer requested they hire an engineer and get a report. Between all those issues, it would take more than several months to fully comply and that was why they were requesting the case be tabled for a year. They spent a lot of money on the matter and Mr. Goldman advised they would continue to make every attempt to comply. Mr. Goldman explained 30 days for perimeter plantings and a year for all else would be sufficient. Jeff Markback, 2405 Rennaisance Way, Treasurer of the Association explained Mr. Hallahan came to the site, worked with landscaper and property manager on what had to be done and they made those changes. On January 11, 2008, both the Forester and Colter and Herring inspected and all replantings were 100% compliant with the plans they have. Two issues remained. They were, the mulch and the interior plantings affected by the drainage. Mr. Blasie suggested tabling the case to the February hearing so the parties could meet over the 2005 plan and then have testimony from the City Forester about the plans. Mr. Marback explained doing the interior plantings without the correct plans could be risky and costly. He explained they have already budgeted for the mulch. He thought 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2008 tabling the case for 30 days would be a good initial step, but still wanted a year for the mulch. Ms. Blaise suggested the board keep the items together and not partition the case. The board noted there was another individual, Mr. Godfrey, wanting to testify. Mr. Tolces explained the practice of the board if they tabled a case would be to hear testimony at that time. Motion Mr. Moyer moved that Case #07-3099 be tabled until the Code Compliance Board meeting to be held on February 20, 2008. Mr. Foot seconded the motion that unanimously passed. Case #07-2825 Location: Violations: Juliet Hutchinson 2910 Ocean Parkway CH15-ART.IX-15-120(D) Inc. CHP13, ART 1, SEC 13-16 Mow yard, trim hedges. Business Tax Receipt required. Vestiguerne Pierre, Code Officer, presented the case and explained no one appeared at the Code Hearing on November 19, 2007. The Notice of Violation was September 24,2007 and the code compliance date was February 19, 2007 or incur a $150 fine per day. Juliet Hutchinson, 2910 Ocean Parkway, testified the property was rented. She travels between New York and Florida and maintained a Post Office Box here. She had a problem with mail being returned and she has been trying to resolve the problem. She arrived back in Florida on January 7, 2008 and received the notice yesterday. She had spoken with Officer Pierre in October about the Business Tax Receipt. She called the City and obtained an application and a friend was to take care of it. She had left to go back to New York and the matter was not taken care of. She never got any messages. She indicated she submitted the application and had a copy of the application and payment with her for the boards review. Officer Pierre confirmed Ms. Hutchinson's testimony. He explained the board could table the matter to allow him to conduct an inspection. Motion Mr. Foot moved that Case #07-2825 be tabled until the Code Compliance Board meeting to be held on February 20, 2008. Mr. Yerzy seconded the motion that unanimously passed. 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2008 Mr. Tolces suggested Ms. Hutchinson give Officer Pierre her New York contact information. Case #07-2190 RDC Property LLC Darren Cleveland 3300 S. Congress Ave. #18 BBA FBC '04105.1.1. Obtain permit for construction of office walls and call for inspections within 10 days. Hire licensed contractor to remove walls. Red Tagged, four times fee is required. Location: Violations: Officer Pierre presented the case and explained they needed a permit for the construction of an office wall, get an inspection and hire a contractor. He reported the Respondent was present. Darren Cleveland, property owner, pled no contest and reported they were bring the plans to the City the next day. Motion Based on the testimony and evidence presented in Case #07-2190, Mr. Foot moved that this Board find that RDC Property 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 February 15, 2008. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past February 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 #07 -3304 Location: Violations Clorina Barthelemy 210 NE 20th Ave. #18 PT3-LDR.CH2.SEC.5.D.1. BBA FBC '04 105.1.1. interior renovations and alterations include structural electric and plumbing. Building renovated to create second kitchen without proper permit. Obtain permit to remove second kitchen and 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2008 permit all other work. Single family dwelling is being used as a multi-family residence which is not allowed in the zoning district. Courtney Cain, Code Officer presented the case was the result of a citizen complaint. An inspection occurred on December 12, 2007. Written notice gave 14 days to comply. The notice was posted at City Hall on January 5, 2008 and on the property on January 4, 2008. He reported the property was a safety hazard and he recommended 10 days be given to comply. Chlorina Barthelemy, 210 NE 20th Ave. #18, was present. Officer Pierre translated for her and pled no contest. She requested 30 days. Six people were residing in the dwelling. The issue that was safety related was hooking up the electric without the proper permits. They did not have open wires. Officer Cain explained, however, the stove was running off of 220 volt. Without being able to inspect they have to say it was not safe. The Respondent said 10 days not long enough. Someone had already come to the house to do the work, but they did not do it correctly, and they now had to get someone else. Mr. Foot suggested handling the case in two phases, electric and plumbing first and the rest of it in 60 days. Officer Cain, explained Ms. Barthelemy submitted a permit application to convert the dwelling from a single-family residence to a multi-family dwelling. Building staff indicated the application would be denied because the property was not zoned for that use. It was unknown when the applicant would be made aware there were comments. Mr. Blasie confirmed when permits were applied for, staff checks the zoning. The property is not zoned multi-family and he anticipated Ms. Main from the Building Department would contact the applicant with that information. A permit was also going to be required to remove the second kitchen. It was not known how many bedrooms there were. Motion Based on the testimony and evidence presented in Case #07-3304, Mr. Foot moved that this Board find that Chlorina Barthelemy 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 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 violation continues past January 26, 2008 plus administrative costs shall be imposed. The Respondent is further ordered to contact the 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2008 City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that passed 5-1, (Mr. Moyer dissenting). Officer Pierre explained the results to the Respondent. Case #07-3508 Location: Violations Virginia D. Wilson 120 NE 3rd Ave. PT3-LDRCH20-VIII.SEC1.G. Restore utilities Officer Melillo, Code Compliance Officer, reviewed the violation which arose as the result of a citizen compliant and a departmental complaint. The initial inspection was December 18, 2007 and pertained to a building being occupied without water and electric. The utilities needed to be restored. Allen W. Martin, Martincavaae, Attorney representing the Respondent, pled no contest and explained this was an estate issue. The situation arose when the mother passed away in September 2006. He requested a minimum of 30 to 60 days. He explained the legal process which he would go through to settle the estate. He reported they would then be able to apply for a homestead exemption and the Respondent would apply for social security benefits. he plan was to reverse mortgage the property. Mr. Wilson was a former veteran and life-long resident of Boynton Beach. The house was in the State's name. If he lost his homestead exemption, the taxes would go up 600%. He advised this was a common problem and with a little time, they could solve the problem permanently. James Wilson, 120 NE 3rd Avenue, testified the problem was money at this time. Mr. Wilson's name was on the estate title, but Mr. Wilson owed back bills for some deposits and some other issues. There were no other family members in the State that Mr. Wilson could reside with. Mr. Wilson had made arrangements with the neighbors for facilities. He had been living temporarily somewhere else but that arrangement did not work out and he lost most of his belongs as a result of that arrangement. Motion Based on the testimony and evidence presented in Case #07-3508, Mr. Foot moved that this Board find that Virginia Wilson Estate 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 March 16, 2008. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past March 16, 2008 plus administrative costs shall be imposed. The Respondent is further ordered to 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2008 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 #07-3376 Location: Violations James & Christine Rodgers 2830 SW 6th St. PT3-LORCH2.SEC.4.J.1. Trim hedges Officer Pierre presented the case on behalf of Officer Luney Guillaume. He advised the Respondent was present. Christine Rodgers, 2830 SW 6th Street, was present and pled no contest. She reported she has received a permit to replace hedges with additional trees and saw a discrepancy between this case and that permit. She wanted to know what avenue to pursue to change the Land Development Regulations (LDR's). She explained if they trim the hedges down to four feet from the roofline down to the street, she is still permitted to install 25 foot trees from the roofline down to the right-of-way. She did not understand the rationale. She advised all her neighbors were being sited, who have lived there for 20-30 years. Chair Costantino explained to challenge the Code, she would have to approach the City Commission; the board only enforced the Code to bring it into compliance. Mr. Blasie had been working with the neighborhood residents and was cognizant of the issue. The City Commission recently revised the LOR's which was the associated section of the Code in question. One reason was for security. From a zoning standpoint, they tend to avoid high rows of vegetation because it creates a tunnellike effect. Fences are treated the same way as hedges in the Code. Mr. Blasie discussed it with the Police Chief but he did not see the Code changing. The LDR has been revised several times. Ms. Rodgers asked if she could recommend the City remove the hedges and the debris. Ms. Rodgers was directed to the City Commission since her request was beyond the scope of the board's authority. Motion Based on the testimony and evidence presented in Case #07-3376, Mr. Yerzy moved that this Board find that James D and Christine Rodgers 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 March 16, 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 March 16, 2008 plus administrative costs shall be imposed. The Respondents are further ordered 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2008 to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed unanimously. Case #07-3400 Lenmark Industries, Inc Mark Weiss 3300 S. Congress Avenue #14 BBA FBC '04 105.1.1. Secure permit for electrical outlets and loft. Call for inspections. Red Tagged, four times fee applies Location: Violations: Officer Pierre presented the case on behalf of Officer Luney Guillaume. He advised the Respondent was present. Mark Reiss, property owner pled no contest, and advised the only thing they needed was an outlet and they sent the electrician to the City. He explained the problem was from a 15 year loft which was a pre-existing condition, that needed to be torn down. When the violation was given for the outlet, they tied it into the loft. Mr. Reiss was fighting to keep the loft, and he wanted the board to separate the two issues and he would rectify the outlet issue immediately Mr. Reiss explained he would take down the loft if he had to, but he was fighting to keep it because that was why he purchased the property. No employees were there, and there was no danger to anyone. He advised he had purchased buildings in Boynton Beach and abided by every standard. This building was 1,000 square feet. The permits and architectural drawings would be $7K for the loft which he characterized as a shelf. This case arose as the result of a red tag. He explained there were at least two other businesses that occupied his building before he purchased it and if those businesses applied for licenses and anyone conducted a inspection, they would see the loft was there. The shelf/loft was used for storage. The building was 30 years old. He reported during the hurricane, the roof blew off, but not the loft. There's a brand new roof on the building. Officer Pete McCray saw the loft and then Dan Icaro, a Building Inspector, red tagged it. Motion Based on the testimony and evidence presented in Case #07-3400, Mr. Foot moved that this Board find that Lenmark Industries, Inc., Mark Weiss, are violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondents correct the violations on or before February 15, 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, 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2008 a fine in the amount of $50 per day for each day the violation continues past February 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. Yerzy seconded the motion that passed unanimously. Case #07-3423 Location: Violations: Francois Jean Marcellus 238 SW 5th Avenue CH15-ART.IX-15-120(D) Inc. Remove trash, debris and oversized vehicle. See list. Willie Webb, Code Officer, presented the case which arose as the result of a routine inspection. The initial inspection was December 6,2007. The Respondent was given a written notice giving 10 days to comply. Certified Mail was sent December 20, 2007 and was returned, signed, on December 22,2007. Francois Jean Marcellus, 238 SW 5th Avenue, pled no contest and requested he be given three months to correct the violation. He explained removing the vehicle and the debris was not a problem. His problems were making sure he had a place to stay. The oversized vehicle was owned by a friend and he would use it to leave the State. He requested a month and reported there is not much trash and debris. Officer Webb explained the same violation had occurred on this property in the past. Mr. Marcellus contended, in prior cases, it was not him and that someone bought the property with his name and did not pay for the property. He explained he invested all of his income to try to get the property back. In the process he experienced dissention with his family and he had no where to go. Motion Based on the testimony and evidence presented in Case #07-3423, Mr. Moyer moved that this Board find that Francois Jean Marcellus 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 31, 2008. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past January 31, 2008 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. The motion died for lack of a second. 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2008 Motion Based on the testimony and evidence presented in Case #07-3423, Mr. Moyer moved to find that Francois Jean Marcellus is in violation of City of Boynton Beach Code Sections as cited, and moved to order that the Respondent correct the violations on or before January 31, 2008. Based on the evidence presented in this case, the Board finds a repeat violation of the Code Section(s) 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 $5,000 per day, shall be imposed for each day the violation continues past January 31, 2008 plus administrative costs. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this order. Mr. Foot seconded the motion that unanimously passed. Case #07-2795 Location: Violations: 445 Boynton Holdings LLC 445 N. Federal Hwy. CH15-ART.IX-15-120(E) Inc. BBA FBC '04 105.1.1. PT3-LDR.CH20-VIII.SEC1.G. Repair or replace broken window, roof with all proper permits Code Officer John Herring explained this case was heard in two parts. The first part was tabled and the second part of the case would be discussed next. Officer Herring presented the case and explained the case arose as a citizen complaint. The initial inspection date was September 19, 2007, to repair or replace windows, permits and secure windows. Initial notice was a written notice giving 10 days to comply. Certified mail was sent October 9, 2007 and signed on October 12, 2007. Contact has been made with the owner and the City recommended 10 days. Don Thomas, 400 NE Olive Way, managing member of the property was present. Attorney Tolces administered an oath to all who would be testifying. Chair Costantino passed the gavel to Vice Chair Yerzy. Officer Herring reported the roof had not been addressed. Mr. Thomas explained the roof was not permitted but the other issues were. The roof was damaged during the hurricane and he was currently fighting with the insurance company. He retained a roofing company that was waiting to move forward. He commenced negotiations with the City of Boynton Beach who had expressed some interest in acquiring the property which is vacant. The property was near a park. He explained before he started investing money and fixing the building up, he wanted to ascertain whether they could 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2008 make a deal with the City to add the parcel to the City Park. He was seeking an alternative use and was looking for an alternative tenant. He met with Lisa Bright and Vivian Brooks, CRA Director and Assistant Director, respectively, about the issue. The building would require significant improvements. Mr. Thomas requested 60 days to deal with the roof. He reported it would not be repaired, but it would, at least, be permitted in that time frame. Mr. Thomas formally entered his plea of no contest and requested 60 days. He had paid a contractor to secure the building. Officer Herring confirmed the building was now secured. This violation pertained solely to the roof. Motion Based on the testimony and evidence presented in Case #07-2795, Mr. Karageorge moved that this Board find that 445 Boynton Holdings, LLC is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violations on or before February 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 $1,000 per day for each day the violation continues past February 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. Foot seconded the motion that passed 5-1 (Mr. Moyer dissenting). Case #07-2795 445 Boynton Holdings LLC 445 N. Federal Hwy. Officer Herring advised he was presenting the second part of the case which was a Certification of Fine as it pertained S>nly to the windows which were complied. The board discussed a total fine of $730.15. Motion Based on testimony and evidence presented in Case #07-2795, Mr. Foot moved that this Board find that the Respondent 445 Boynton Holdings LL,C were 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 October 19, 2007, and in consideration of the gravity of the violations, the actions taken by the Respondent to remedy the violations, and previous violations of the Respondent, that this Board impose and certify a fine in the amount of $730.15 including administrative costs, for a total of 17 days of non- compliance. Mr. Yerzy seconded the motion that unanimously passed. 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2008 Case #06-1441 Randolph II & Martha Williams 2810 SE 5th Circle Officer Pierre presented the case which pertained to a permit violation for a room addition. The hearing date was January 17, 2007 and Mr. Williams appeared. The compliance date and fine set by the board was comply by April 17, 2007 or incur a fine in the amount of $100 per day. Randolph Williams, property owner, explained the application had been made. He had a problem with Planning and Zoning. The architect made changes to the plans regarding setbacks in accordance with zoning and were unique to the case. He advised Don Johnson may have already approved the matter and he anticipated the violation should be resolved in 30 days. The architect delivered the sealed plans yesterday. Officer Pierre confirmed Mr. Williams' testimony. Motion Mr. Foot moved that Case #06-1441 be tabled until the Code Compliance Board meeting to be held on February 20, 2008. Ms. Carroll seconded the motion that unanimously passed. Case #07-2729 LL & Ella Lester 406 NW 7th Avenue Pete Roy, Sr. Code and Rehab Officer, presented the case and reviewed the violations which pertained to removal of outside storage, trash, debris, unregistered vehicles and parts and construction equipment. The violation still exists and the number of days of non-compliance was 17 days. Mr. Lester, 407 NW 7th Avenue, was present and advised the trash and debris were removed. The vehicle and parts remained and nothing was done about that portion of the violation. He picks up machines and other debris from the side of the road and he had a problem with his truck. Officer Roy had photos taken January 15, 2008 which he reviewed with the Respondent and distributed to the board. There was no further discussion of the case. Motion Based on the testimony and evidence presented in Case #07-2729, Mr. Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated December 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 $150 per day plus administrative costs which shall continue to accrue until the 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2008 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 #07-3357 Location: Violation(s): Paul Green 1611 NW 1st Ct. BBA FBC '04105.1.1. Secure permit for rear porch enclosure and call for inspection. Four times fee applied, work started before permit. Red Tag Courtney Cain, Code Officer, presented the case which was a City department referral. The initial inspection date was November 21, 2007. The notice was a written notice giving 10 days to comply. The Respondent was present. Paul Green, 1611 NW 1st Court, pled no contest and reported he complied with the violation. He explained the options on the red tag were to obtain a permit or remove the plywood. He testified he removed the plywood and advised he had pictures. The inspector had been out and re-inspected, but red tags do not require sign offs. Officer Cain explained he was called out by the Chief Building Inspector and they did see a violation. The last time he saw the property was in November. Mr. Green explained that was not the case. The building inspectors came back to re- inspect and issued another red tag for the roof. He showed the permit for the roof. He went to the City Manager to get this cleared up because he was an employee of the City for the last 16 years. When they signed off on the roof, they issued another red tag for the windows. Mr. Green explained the windows were pre-existing and came with the house when he purchased it four years ago. Mr. Green produced photos of the screened enclosure and advised the porch was on the survey as was the utility room and the City records showed it as a room. There was no electric in the enclosure except for the utility room. Mr. Blasie explained this case was for the screened porch without the permits. Stud walls were erected because the hurricane blew the screened part off. He suggested tabling the case to the next meeting. Motion Mr. Moyer moved that Case #07-3357 be tabled until the Code Compliance Board meeting to be held on February 20, 2008. Ms. Carroll seconded the motion that unanimously passed. 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2008 Case #07 -3477 Location: Violation(s): Paul Green 1611 NW 1st Ct. BBA FBC '04105.1.1. Secure permit for windows and call for inspection. Red Tag Code Officer Cain presented the case which arose as the result of a City department referral. The initial inspection date was December 12, 2007. The initial notice was a written notice giving 10 days to comply. Paul Green,1611 NW 1st Court, pled not guilty. He explained when he bought the house, the windows were already installed, and were pre-existing. He had photos for the board's review. The board explained he was responsible for work done by prior owners. Mr. Green felt then he should not be charged the four times fee from the Red Tag. He explained anyone can go to any home and find something done by a prior owner. He explained it was not fair to him to be hit with one violation after another when they re-inspect. Chair Costantino explained homebuyers should ascertain what permits were obtained for improvements made. Mr. Blasie explained the violation notice was the document of record, not the red tag. He further indicated Mr. Green inherited the violation and he could appeal to the building official for a waiver of the fee, due to him inheriting the violation. Motion Based on the testimony and evidence presented in Case #07-3477, Mr. Karageorge moved that this Board find that Mr. Green 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 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 $50 per day for each day the violation continues past February 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. Vote Mr. Karageorge changed his motion to reflect a new compliance date of 60 days, March 16,2008. Mr. Foot seconded the motion that unanimously passed. Case #07-0441 Location: Violation(s): Greg & Celise Kleinrichert 695 NE 15th PL PT3-LDR.CH4.SEC.4.B. 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2008 Structure in rear of property must meet zoning requirements. Officer Cain suggested this item be tabled to the next meeting. Motion Ms. Carroll moved that Case #07-0441 be tabled until the Code Compliance Board meeting to be held on February 20, 2008. Mr. Foot seconded the motion that unanimously passed. Case #07-0720 Location: Violation(s): Sherwood H. Sheehan, III 725 Ocean Inlet Drive PT3-LDR.CH4.SEC.4.B. BBA FBC '04 105.1.1. Structure in rear of property must meet zoning requirements. Fence Permit required. Courtney Cain, Code Officer, presented the case and reviewed the violation. The City was recommending 30 days be given, to February 15, 2008 to comply. Motion Based on the testimony and evidence presented in Case #07-0720, Mr. Yerzy moved that this Board find that Sherwood H. Sheehan, III, 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 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 $50 per day for each day the violation continues past February 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. Karageorge seconded the motion that unanimously passed. Case #07-3184 Location: Violation(s): Jabes Alencar 633 Ocean Inlet Drive PT3-LDR.CH2.SEC.4.E. Trim or remove hedges by road Code Officer Cain presented the case and reviewed the violation. The City was recommending 10 days be given, to January 26, 2008 to comply. 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2008 Motion Based on the testimony and evidence presented in Case #07-3184, Ms. Carroll moved that this Board find that Jabes Alencar 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 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 violation continues past January 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 #07-3341 Location: Violation(s): Benjy Delian, et al 1521 NE 2nd St 10-2 B.B.C. of Ord. Mow overgrown yard Courtney Cain, Code Officer, presented the case and reviewed the violations. The City was recommending 10 days be given for compliance, by January 26, 2008. Motion Based on the testimony and evidence presented in Case #07-3341, Ms. Carroll moved that this Board find that Benjy Delian, et. ai, 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 26, 2008. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past January 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 #07-3440 Location: Violation(s): Daniel & Woyaline F. Dirogene 1635 NW 4th Ct. CH15-ART.IX-15-120(D) Inc. 10-2 B.B.C. of Ord. Remove trash and debris. Remove vehicle or obtain current tag 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2008 Courtney Cain, Code Officer, presented the case and reviewed the violations. The City was recommending 10 days be given for compliance, by January 26, 2008. Motion Based on the testimony and evidence presented in Case #07-3340, Ms. Carroll moved that this Board find that Daniel & Woyaline F. Dirogene 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 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 $150 per day for each day the violation continues past January 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 #07-3408 Location: Violation(s): Melanie Cobb 175 SE 31st Avenue CH15-ARTIX-15-120(D) Inc. CH15-ARTIX-15-120(E) Inc. Mow overgrown yard and repair garage door Pierre Vestiguerne, Code Officer, presented the case and reviewed the violations. The City was recommending 30 days be given for compliance, by February 15, 2008. Motion Based on the testimony and evidence presented in Case #07-3408, Ms. Carroll moved that this Board find that Melanie Cobb 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 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 $25 per day for each day the violation continues past February 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. Karageorge seconded the motion that unanimously passed. Case #07 -3338 Location: Violation(s): Andre Apicella 1892 Palmland Dr. B CHP13-ART 1, SEC 13-16 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2008 Business Tax Receipt required John Herring, Code Officer, presented the case and reviewed the violations. The City was recommending 10 days be given for compliance, by January 26, 2008. Motion Based on the testimony and evidence presented in Case #07-3338, Ms. Carroll moved that this Board find that Andrew Apicella 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 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 violation continues past January 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 #07 -3356 Location: Violation(s): Lynn D. Williams Estate 167 Orange Dr. 10-2 B.B.C. ofOrd. Remove Dank Water from Pool Skip Lewis, Code Officer, presented the case and reviewed the violations. The City was recommending 10 days be given for compliance, by January 26, 2008. The pool was secured. Motion Based on the testimony and evidence presented in Case #07-3356, Mr. Yerzy moved that this Board find that Lynn D. Williams, Estate, 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 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 $250 per day for each day the violation continues past January 26, 2008 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case #07-3483 Location: Milagros Garrido 623 SW 4th Avenue 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2008 Violation(s): CH15-ART.IX-15-120(D) Inc. Mow and weed overgrown yard area Skip Lewis, Code Officer, presented the case and reviewed the violations. The City was recommending 10 days be given for compliance, by January 26, 2008. Motion Based on the testimony and evidence presented in Case #07-3483, Mr. Karageorge moved that this Board find that Milagros Garrido 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 26, 2008. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past January 26, 2008 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case #07-3484 Location: Violation(s): Jerome and Collette Burgess 634 SW 4th Avenue CH15-ARTIX-15-120(D) Inc. Remove unregistered, inoperable vehicles Skip Lewis, Code Officer, presented the case and reviewed the violations. The City was recommending 10 days be given for compliance, by January 26, ~, 2008. Motion Based on the testimony and evidence presented in Case #07-3484, Ms. Carroll moved that this Board find that Jerome and Collette Burgess 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 26, 2008. 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 January 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. Moyer seconded the motion that unanimously passed. 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2008 Case #07-3449 Southwest Jefferson, Inc. Craig Goldberg, Reg. Agt. 225 NE 9th Ave. CH15-ARTIX-15-120(D) Inc. Remove trash and outside storage Location: Violation(s): Mike Melillo, Code Officer, presented the case and reviewed the violations. The City was recommending 10 days be given for compliance, by January 26, 2008. Motion Based on the testimony and evidence presented in Case #07-3449, Mr. Karageorge moved that this Board find that Southwest Jefferson, Inc., Craig Goldberg, Reg. Agt., 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 26, 2008. 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 $250 per day for each day the violation continues past January 26, 2008 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case #07-3450 Location: Violation(s): Moses King 221 NE 9th Ave. CH15-ARTIX-15-120(D) Inc. Remove trash and outside storage Mike Melillo, Code Officer, presented the case and reviewed the violations. The City was recommending 10 days be given for compliance, by January 26, 2008. Motion Based on the testimony and evidence presented in Case #07-3450, Mr. Yerzy moved that this Board find that Moses King 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 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 violation continues past January 26, 2008 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2008 Case #07 -3208 Location: Violation(s): Gewinner Garrison, II 2505 NE 4th St. CH15-ARTIX-15-120(D) Inc. Mow and weed yard Code Officer Pierre presented the case and reviewed the violations. The City was recommending 15 days be given for compliance, by January 31, 2008. Motion Based on the testimony and evidence presented in Case #07-3208, Ms. Carroll moved that this Board find that Garrison Gewinner, II 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 31, 2008. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past January 31, 2008 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case #07-3302 Location: Violation( s): Michael M. Singer 695 Lakeside Harbor CH15-ARTIX-15-120(D) Inc. Mow yard and trim hedges. Remove trash Pierre Vestiguerne, Code Officer, presented the case and reviewed the violations. The City was recommending 30 days be given for compliance, by February 15, 2008. Motion Based on the testimony and evidence presented in Case #07-3302, Mr. Moyer moved that this Board find that Michael Singer 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 15, 2008. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past January 31, February 1.2.....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. 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2008 Case #07-3398 Location: Violation(s): Anthony & Irma Benacia 119 SW 5th Avenue CH15-ARTIX-15-120(D) Inc. Remove outside storage of items in driveway. Remove inoperable and unlicensed vehicle Willie Webb, Code Officer, presented the case and reviewed the violations. The City was recommending 10 days be given for compliance, by January 26, 2008. Motion Based on the testimony and evidence presented in Case #07-3398, Mr. Yerzy moved that this Board find that Anthony & Irma Benacia 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 26, 2008. 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 $2W $100 per day for each day the violation continues past January 26, 2008 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case #07-3415 Location: Violation(s): FBM LeasinQ Corp. 130 SE 14th Ave. PT3-LDR. CH20-VIII.SEC2.A All plumbina fixtures and water and waste pir;>es shall be properlv installed and maintained in a sanitary workina condition. free from defect. leaks and obstruction. Repair all leakina plumbina pipes to prevent damaae to all units Officer Webb presented the case. The City was recommendina 10 days. until Januarv 26. 2008. to complv. Motion Based on the testimony and evidence presented in Case #07-3415. Mr. Yerzv moved that this Board find that FBM Leasina Corp. is in violation of the City of Bovnton Beach Code Sections cited and moved to Order that the Respondent correct the violations on or before Januarv 26. 2008. The Board has considered the aravitv of the violations. the 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2008 actions taken b~ 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 January 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 arranQe for re-inspection of the property to verify compliance with this Qrder. Ms. Carroll seconded the motion that unanimously passed. Officer Roy recommended the next case be certified at $50 per day. Case #07 -3288 Christine Beaufals 2122 NE 1st Ct. Motion Based on the testimony and evidence presented in Case #07-3288 , Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated December 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. Mr. Moyer seconded the motion that unanimously passed. Case Nos. 07-3022, 07-2415, 07-3019 were recommended to be certified at $100 per day. Case #07-3022 Michel Jeantral 1117 Meadows Circle Motion Based on the testimony and evidence presented in Case #07-3022, Mr. Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated December 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 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 #07-2415 U.S. Bank National Assoc., Tr. 31 NE 5th Avenue Motion Based on the testimony and evidence presented in Case #07-2415, Mr. Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2008 December 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 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 #07-3019 Alice W. Hollis 327 NE 11th Ave. Motion Based on the testimony and evidence presented in Case #07-3019 , Mr. Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated December 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 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 Nos. 07-1876, 07-2778, 07-2844 were recommended to be certified at $150 per day. Case # 07 -1876 Allen Zambelia 206 SE 3rd Street Motion Based on the testimony and evidence presented in Case #07-1876, 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 $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. Karageorge seconded the motion that unanimously passed. Case #07 -2778 Richard Parsons 435 W. Boynton Beach Blvd. Motion Based on the testimony and evidence presented in Case #07-2778, 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 Respondents, that this Board impose and certify a fine in the amount of $150 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. Karageorge seconded the motion that unanimously passed. 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2008 Case #07-2844 U.S. Bank National Assoc., Tr. 519 NW 10th Ave. Motion Based on the testimony and evidence presented in Case #07-2844, 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 $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 offine. Mr. Karageorge seconded the motion that unanimously passed. The next case was recommended to be certified at $250 per day. Case #07-2974 M.A.J. Properties LLC 623 N. Railroad Ave. Motion Based on the testimony and evidence presented in Case #07-2974, Mr. Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated December 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 #07-1767 complied and was recommended to receive "No Fine." Case #07-1767 Teresa M. Patrikios Family Tr. 2615 NE 1st Ct#311 Motion Based on testimony and evidence presented in Case #07-1767, Ms. Carroll moved that this Board find that the Respondent, Teresa M. Patrikios Family Tr. was in violation of the City of Boynton Beach Code Sections as cited subsequent to the date of compliance specified in the Board's Order of 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 Nos. 07-62 and 07-1992 were recommended to be tabled to the February 20, 2008 meeting. Case #07-62 Diane Marie Dalelio 230 NE 26th Ave. 306 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2008 Motion Mr. Yerzy moved that Case #07-62 be tabled until the Code Compliance Board meeting to be held on February 20, 2008. Ms. Carroll seconded the motion that unanimously passed. Case #07-1992 Ralph & Rosie, Inc. 2007 S. Federal Hwy. Motion Mr. Yerzy moved that Case #07-1992 be tabled until the Code Compliance Board meeting to be held on February 20, 2008. Ms. Carroll seconded the motion that unanimously passed. Officer Roy recommended Case #07-711 be tabled to the March 19, 2008 meeting. Case #07-711 Sipika & Kirit Shah Chorwadi Mata Inc. 2821 S. Federal Hwy. Motion Mr. Yerzy moved that Case #07-711 be tabled until the Code Compliance Board meeting to be held on March 19, 2008. Ms. Carroll seconded the motion that unanimously passed. V. Reconsideration of Lien Reduction Case #06-2690 Riguard & Yolaine Saintfort 1515 SW 2nd St. Chair Costantino explained she requested this case be reheard. She felt this man had a small hole in the driveway and the board slammed him. Ms. Carroll also pointed out, the Respondent acted immediately to correct the violations within days, but had to get a permit for the driveway which delayed the full compliance. The Respondent went over and above what the City required by installing that type of driveway. The driveway cost $4K and she thought it was unjust. Attorney Tolces explained a member who voted in favor of the motion would need to make the motion to reconsider. Chair Costantino passed the gavel to Vice Chair Yerzy. 28 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 16, 2008 Motion Chair Costantino made a motion to reconsider. Ms. Carroll seconded the motion. A vote was taken and the motion unanimously passed. This item will be heard at the next meeting. Attorney Tolces advised, in reference to the election of board officers, there was nothing in the Code that set a specific date or time frame for the board to elect a chair and vice chair. VI. Adiournment. There was no further business to discuss and the meeting adjourned at 9:27 p.m. ~CtUtJjU/~ ~~, Catherine Cherry -a Recording Secretary 11808 29