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Minutes 09-17-08 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, SEPTEMBER 17, 2008, AT 7:00 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Richard Yerzy, Vice Chair Canaan Himmelbaum Mark Karageorge Jamie LaTour Scott Blasie, Code Compliance Administrator David Tolces, Assistant City Attorney ABSENT: Kathleen Carroll Robert Foot I. Call to Order Chair Costantino called the meeting to order at 7:00 p.m. II. Approval of Agenda Willie Webb, Senior Code Compliance Officer, reported the following: Case #'s 08-1361,08-446,08-1572,08-1581 and 08-2288 were closed; Case #'s 08-2304,08-1640,08-2112 and 08-2277 complied; Case #'s 08-1971 and 08-2238 were removed. Motion Mr. Yerzy moved to approve the agenda. Mr. Himmelbaum seconded the motion that unanimously passed. III. Swearing in of Witnesses and Introduction Attorney Tolces explained the hearing procedures and administered the oath to all who would be testifying. IV. New Business Officer Webb called the roll and determined who was present. 1 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2008 Chair Costantino announced Mr. Karageorge would recuse himself from voting on Case #08-2410, the Quantum Lakes Villa Corp. II case, due to his friendship with the Respondent. This would leave four voting members. Case # 08-1604 Property Address: Violation( 5): Jermaine & Regina N. Horne 2090 NE 1st Lane CO CH15-ART.IX-15-120(D) 1 Inc. LDR CH 20 ART 1 SEC 8 E-16 Repair/replace driveway, Install four- inch numbers on residence. Courtney Cain, Code Officer, presented the case and reviewed the details of the violation. The only outstanding violation was the driveway. The initial inspection date was June 4, 2008. The initial notice was a written notice giving 30 days to comply. The green card was signed on September 3,2008. The Respondents were present. Jermaine and Regina Horne, 2090 NE 1st Lane, pled no contest. Mr. Horne advised he contacted the Building Department and did not need a permit. He obtained estimates, and advised saving the funds for the driveway would be difficult. They were putting money aside for it but he did not have an exact date when he would have the monies saved, or when the work would be completed. Mr. Horne explained he would do what he could. Motion Based on the testimony and evidence presented in Case #08-1604, Mr. Karageorge moved that this Board find that Jermaine & Regina N. Horne 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 November 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 violations continue past November 16, 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. Vote Mr. Karageorge changed his motion to $50 per day. Mr. Yerzy seconded the motion that unanimously passed. Attorney Tolces announced in reference to the upcoming Quantum case and Mr. Karageorge, the only requirement is that there be at least four members voting. A lien reduction would require four affirmative votes to approve the action. 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17,2008 Case #08-1937 Property Address: Violation(s): A Safe Place 146 LLC 146 SE 2th Place CO CH 15 SEC. 15-20(0) 1 INC. Mow yard. Repair driveway and remove in front yard. Luney Guillaume, Code Compliance Inspector, presented the case and reviewed the details of the violations. The only outstanding item was the driveway. A written notice was issued giving10 days to comply. The green card was signed on August 28, 2008. He advised the Respondent was present. Loesha Dixon, Felicia Dickson 146 SE 2th Place, pled no contest. She explained she contacted Officer Guillaume and it was her belief she could remove the broken pieces of the driveway. Officer Guillaume explained she needed to repair the driveway, not just pick up the pieces. She explained that aspect was discussed with Officer Guillaume; however, Officer Guillaume explained she had requested a 30 day extension to remove the broken pieces but the repair still needed to occur. Officer Guillaume had photographs he distributed to the Board. Motion Based on the testimony and evidence presented in Case #08-1937, Mr. Karageorge moved that this Board find that A Safe Place 146 LLC is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before November 16, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past November 16, 2008 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Himmelbaum seconded the motion that unanimously passed. Chair Costantino requested hearing Case #08-1096 due to the Respondent having small children with her. There were no objections to the request. The Respondent, Ms. Daffin, took the oath. Case #08-1096 Josephine Daffin 315 NW 10th Avenue Pete Roy, Chief Code and Rehabilitation Officer, presented the case and reviewed the details of the violation. The case was heard June 18,2008 and no one appeared. The compliance date was August 17, 2008 or incur a fine of $100 per day. The case complied on September 12,2008, having 25 days of non-compliance. 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2008 Josephine Daffin, 315 NW 10th Avenue, explained she was out of the house for three months, due to financial reasons and due to a person being shot in her yard. Her yard has grass, she installed five windows and needs four more. She explained she was doing the work herself and her income has decreased. She was having difficulties, and recently had her utilities turned on. Her car would be repossessed the next day. She was doing the best she could. Officer Roy explained Ms. Daffin has two cases. The case being heard was for trash and debris which was addressed. Motion Based on the testimony and evidence presented in Case #08-1096, Mr. Himmelbaum moved that this Board find that the Respondent has complied with this Board's Order dated June 18, 2008, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board not impose or certify a fine or any administrative costs. Mr. Yerzy seconded the motion that unanimously passed. Case #08-2196 Property Address: Violation(s): Sellers Only, Inc. 2309 S. Federal Highway, Unit 22 CO CH 13 SEC 13-16 Business Tax Receipt needed. John Herring, Code Officer, presented the case and reviewed the details of the violation. The initial inspection was August 6, 2008. Written notice giving 10 days to comply was mailed, and resent by certified mail and signed for on August 26, 2008. Richard Wall, 500 Chapel Hill Boulevard, owner of Sellers Only, Inc., pled guilty with a caveat. He explained he was guilty there was no license on the property at the time. He spoke to Code Enforcement who contacted the Legal Department because the Business Tax Receipt Division was looking for them to pay the past three years of licensing fees. He explained he asked the Tax Receipt Division and Code Enforcement to produce the Code showing that was a requirement. He explained they have investment properties in the area. The violation still exists, but after Hurricane Wilma, they lost the use of the property for a few years and it was not habitable. He cannot get a license for the property, although it is habitable now, nor could he get a license for two other properties he has unless he paid the retroactive fee for the past three or four years. Attorney Tolces explained he consulted with Mr. Ducoste-Amedee and Ms. Springer about the matter. If the Respondent does not have proof the units were rented during those years, not withstanding the fact the property owner did not return the occupational license renewal form during that time, then the retroactive payment for three years may not be able to be requested. He explained if the Board members were inclined to find the Respondent in violation, that he be given enough time so the City can complete its 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2008 investigation. If not, then he would only have to pay for the year he owed. It was believed that 30 days would be sufficient to conclude the investigation and Attorney Tolces advised it was within the Code to request the payments. Mr. Wall inquired who would contact him with the outcome of the investigation. Attorney Tolces recommended he speak with Mr. Ducoste-Amedee, Business Tax Receipt Manager. Motion Mr. Karageorge moved that Case #08-2196 be tabled until the Code Compliance Board meeting to be held on October 15, 2008. Mr. Himmelbaum seconded the motion that unanimously passed. Case #08-2193 Property Address: Violation(s): Sellers Only, Inc. 401 E. Ocean Avenue #3 CO CH 13 SEC 13-16 Business Tax Receipt needed. Mike Melillo, Senior Code Officer, presented the case and reviewed the details of the violation. The Respondent was present. Richard Wall, 500 Chapel Hill Boulevard, owner of Sellers Only, Inc., pled guilty with a caveat. He explained he was more than willing to pay for the license and for what he was in violation of. The City; however, did not agree that with respect to the last three years. Motion Mr. Himmelbaum moved that Case #08-2193 be tabled until the Code Compliance Board meeting to be held on October 15, 2008. Mr. Yerzy seconded the motion that unanimously passed. Case #08-2194 Property Address: Violation(s): Lizard Land LLC 401 E. Ocean Avenue #4 CO CH 13 SEC 13-16 Business Tax Receipt needed. Mike Melillo, Senior Code Officer, presented the case and reviewed the details of the violation. The Respondent was present. Richard Wall, 500 Chapel Hill Boulevard, one of the owners of Lizard Land LLC, pled guilty with a caveat. 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2008 Motion Mr. Yerzy moved that Case #08-2194 be tabled until the Code Compliance Board meeting to be held on October 15, 2008. Mr. Karageorge seconded the motion that unanimously passed. Case #08-2410 Quantum Lakes Villas II Corp - Villas at Quantum Lakes Inc. 2700 Quantum Lakes Drive CH 26 ART. III SEC 42 Cease and Desist water restriction violations. Watering on wrong day and time. Property Address: Violation( 5): Skip Lewis, Senior Code Compliance Officer, explained this was a citizen complaint and the initial inspection date was August 20, 2008. Mr. Karageorge recused himself from the case, due to the appearance of any impropriety and not personal or financial gain. He does not like to rule on matters involving friends. Colleen Brennan, Property Manager, Quantum Lakes Villas, was present with Hector Pastrada, Maintenance Supervisor for the property for the same location. Ms. Brennan pled not guilty. Officer Lewis explained normally he would not bring this type of case to the Board, but he had been trying to obtain compliance. He has been to the site numerous times and they have had numerous complaints. He has photographs that showed the violation and he encouraged the Respondents to ensure they had the water system programmed for the correct days and watering times. He was assured they were the correct times. When he would arrive to verify a complaint, he would see there was water on and the Respondents would advise him they did not know how that happened. This same situation had been occurring even before the case arose. Officer Lewis wrote a notice to correct and came back to give a citation and was told he needed pictures of the violation. He obtained the photos and then was told they were testing the system and that they put the flags out when they were testing. Officer Lewis advised there was no evidence of testing. Officer Lewis distributed photographs to the Respondents and the Board. Two of the photos were taking on Monday, August 11, 2008 at 7:35 a.m. and one was from Wednesday, September 3, 2008 at 7:41 a.m. The Respondent's watering days were Thursday and Sunday. 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2008 Ms. Brennan explained Quantum Lakes Villas was a large apartment complex with three irrigation systems which involve over 100 zones. There were odd and even addresses. She explained having both even and odd addresses, the South Florida Water Management District allows them to water during both time frames. She explained one of the photos shown was from a brand new apartment complex/commercial development area on Gateway Boulevard and it has brand new plantings. She explained the South Florida Water Management District permits watering for 30 days for new plantings. She explained because of those issues, there are reasons to test, and they put the flags out when they test. She explained they tried to come into compliance as best they could. There are cases of one individual repeatedly calling the Police Department anonymously. In the rental business there will always be disgruntled individuals and they have a citizen that is tampering with their system. She explained on Monday, their pump box was pried open and broken so they could not water. They padlocked and chained the timers and she admitted there could be an occasion when they made a mistake with the time because it was confusing. She advised they took the proper steps to comply. They also had a video of this from one of the Boynton Beach Police Officers showing them padlocking and chaining the box. She had photos of the broken box and the police report narrative. They have never had this occur and they were trying to address the issue. Officer Lewis explained he was out to the property at least four or five times. He would contact them by phone if a complaint was received. After the last incident, an individual by the name of Dale indicated he looked at the clock and it set for Wednesday and Saturday. Officer Roy went there and took photographs and was advised someone must have tampered with them. Since Ms. Brennan locked the box, they had no problems, but then the pump was broken. There have been approximately 24 to 26 complaints. The City was requesting a Cease and Desist Order. As long as they complied, there would be no issue. Attorney Tolces explained there were two issues. A Cease and Desist Order would be appropriate for violations that would occur in the future. The second issue is under the City's Code the maximum fine the City could impose for a first violation is $25. Subsequent violations could have a maximum fine not to exceed $500. Scott Blasie, Code Compliance Administrator, explained the Cease and Desist Order to the Respondents. Motion Based on the testimony and evidence presented in Case #08-2410, Mr. Yerzy moved that a Cease and Desist Order be issued giving Quantum Lakes Villas II Corp. Villas at Quantum Lakes Inc., until September 18, 2008 to bring the violations of City of Boynton Beach Code sections as cited into compliance. The Board has considered the gravity of 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2008 the violations, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that an initial fine in the amount of $25 per recurrence and increases thereafter, shall be imposed upon the Respondents. Mr. LaTour seconded the motion that passed unanimously. Case #08-1734 Property Address: Violation(s): Marie F. Lane 418 NW 13th Avenue PT3-LDR.CH20-VIII.SEC1.G. Secure property. Officer Roy presented the case and reviewed the details of the violation. The initial inspection date was June 23, 2008. Written notice was issued giving 10 days to comply. The property was posted on August 27, 2008. He spoke with the Respondent and legal counsel about the violations. It is a health and safety violation. The City was recommending 10 days. A representative from the Bank was present. Karen Black, from the Law Office of David Stern, 900 South Palm Island Road, Plantation, was present representing the bank as they have an interest in the property. The property was in foreclosure. An actual case has been filed and was pending, but it was not concluded, and a Certificate of Title has not yet been obtained by the bank. A lis pendens has been filed. Attorney Tolces explained the members could make a finding of violation and enter an order but the City could not actually certify or record a lien that would affect the property because of the lis pendens filed. The finding of a violation would; however, put any subsequent purchasers on notice that there is a violation in existence on the property. Ms. Black explained the bank understands that the property has to be brought into compliance upon purchase if they hold Certificate of Title. The bank filed a motion to intervene to secure the property and maintain the outside, but the order has not been received back yet. No plea was required. Motion Based on the testimony and evidence presented in Case #08-1734, Mr. Himmelbaum moved that this Board find that Marie F. Lane is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before September 27, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past September 27, 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. 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2008 Case #08-2227 Property Address: Violation(s): Marie F. Lane 418 NW 13th Avenue CO CH 15 SEC. 15-120(D) INC Mow grass. Trim overgrowth and remove trash and debris. Officer Roy presented the case and reviewed the details of the violation. The initial inspection date was August 4, 2008. Written notice was issued giving 10 days to comply. Notice was posted on September 8,2008. He spoke with both Ms. Black and Ms. Lane about the violations. The recommendation was 10 days be given to comply. Karen Black, from the Law Office of David Stern, 900 South Palm Island Road, Plantation was present representing the bank. Motion Based on the testimony and evidence presented in Case #08-2227, Mr. Yerzy moved that this Board find that Marie F. Lane is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before September 27,2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past September 27, 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. LaTour seconded the motion that unanimously passed. Case #08-1695 Property Address: Violation(s): Estate of Annwoods Love 126 SW 8th Avenue 104.5 FBC Amend '04 ED LDR 20 (3) R4101.17.1-3 Swimming pool is unsafe. Repair or fill in pool. This requires a permit. Officer Webb presented the case and reviewed the details of the violations. The initial inspection date was June 13, 2008. A written notice was sent giving 10 days to comply. Certified mail was sent August 15, 2008 and was signed for on August 22, 2008. The Respondent was also notified via regular mail sent on June 13, 2008. Rose Love, 126 SW 8th Avenue, pled no contest. She explained she made a deposit for someone to address the issues, but with her job, she could not complete it. She applied to FEMA for reimbursement and was told she could reapply, and seek funding from other agencies for the repairs. It was clarified Ms. Love was the Respondent's daughter-in-law, her caretaker. The estate was open. An attorney from Illinois was 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2008 handling the matter. Attorney Tolces suggested forwarding information to the Code Compliance Board so they could contact the attorney. It was important for them to know what was occurring. The issue arose in 2005 and she started to address it. There was a fence but one gate needed to be replaced. The gate closes but does not lock. The matter was a health and safety issue. Motion Based on the testimony and evidence presented in Case #08-1695, Mr. Yerzy moved that this Board find that the Estate of Annwoods Love 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 September 27, 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 $500 per day for each day the violations continue past September 27, 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 passed 4-1 (Mr. Himmelbaum dissenting.) Case #08-1319 John Van De Warker 135 SW 1st Avenue Officer Webb presented the case and reviewed the details of the violation. The Code Compliance Board and hearing date was June 18, 2008. The Respondent appeared. The compliance date set by the Board was August 17, 2008 or be fined $100 per day. The Respondent was present. John Van De Warker, 312 SW 11th Avenue, explained he submitted permits and it was the third general contractor he contacted, who finally accepted the work. He explained it was his understanding once he obtained the permit, he was in compliance. At the meeting when the fine was levied, there was discussion about a safety hazard due to exposed wiring. He had a letter from Florida Power and Light indicating they had removed the meter back in April, so there never was a safety hazard. He explained he was experiencing financial hardships. He will supply the material for the rehabilitation and informed the members all the interior work, except for the windows, was done. He requested time for the permit, which was being reviewed. Motion Mr. Himmelbaum moved that Case #08-1319 be tabled until the Code Compliance Board meeting to be held on October 15, 2008. Mr. Yerzy seconded the motion that unanimously passed. 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2008 Scott Blasie, Code Compliance Administrator, explained there was a fine accruing; however, the Respondent could return for a reduction. The Respondent explained the Building Department told him there was an actual lien on the property. Chair Costantino explained the lien was not certified. Mr. Blasie requested the Board hear Case #07-2415 next. There were no objections from the members. Attorney Tolces administered the oath to.Mr. Blasie. Case # 07-2415 US Bank National Assoc. TR 131 NE 5th Avenue Mr. Blasie presented the case and reviewed the details of the violation. The case was originally cited August 7, 2008 for a roof replacement. The case was heard December 19, 2007 and no one appeared. The compliance date and fine established was December 29, 2007, or incur a fine of $100 per day. Compliance was documented on August 1, 2008. He explained, to his knowledge, the Respondent was working on correcting the violation the entire time. In addition to the roof, there were other upgrades made. He was delayed because there was a water heater and air conditioning unit that needed to be permitted. He had photographs he distributed dated September 15, 2008. (Mr. LaTour left the dais at 8:20 p.rn.) Doug Hauck, 120 Marlin Drive, Ocean Ridge, the property owner as of July 28, 2008, was present. He explained they spent a lot of money on the property for the roof, sprinkler pump, and central air and water heater replacement. He contracted the property in June and it took approximately two to three months for the bank to make the transfer. During that time, there was a lot of water damage. The ceiling caved in. and they were vandalized. (Mr. LaTour returned to the dais at 8:23 p.rn.) Motion Based on testimony and evidence presented in Case #07-2415, and having been advised that the Respondent has complied with all lien reduction procedures set forth in section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Himmelbaum moved that this Board reduce the fines instituted in Case #07-2415, by virtue of this Board's Order of December 19, 2007, to an amount of $3,826, including administrative costs. Mr. Karageorge seconded the motion that unanimously passed. Mr. Blasie explained the appeal procedures, should Mr. Hauck want to appeal the determination. Mr. Himmelbaum expressed the City was appreciative of his efforts in improving the property for the community. 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2008 Case #07 -2238 Lancore Nursery LLC 2632 N. Federal Highway Mr. Blasie explained there was an error with this case pertaining to the compliance date. The compliance date set reported at the July 6, 2008 hearing was July 15, 2008 and a fine of $28,900 had accrued. He later discovered a note behind the file indicating it complied February 14, 2008, five months earlier. He explained the fine would be about half the amount, and in fairness to the Respondent, the case should return to the Board. Motion Mr. Himmelbaum moved to reconsider the lien reduction on the matter based on the number of days. Mr. Yerzy seconded the motion that unanimously passed. The matter will come before the Board at the next meeting. Case #08-1926 Property Address: Violation(s): Jeffrey & Linda A. Cozzi 2100 N. Sea crest Blvd. CH13, SEC 13-16 Mow yard. Repair driveway. Obtain Business Tax Receipt Officer Guillaume presented the case and reviewed the details of the violations. The recommendation was 15 days be given to comply until October 2, 2008. Motion Based on the testimony and evidence presented in Case #08-1926, Mr. Karageorge moved that this Board find that Jeffrey & Linda A. Cozzi are in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondents correct the violation on or before October 2, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past October 2, 2008 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that unanimously passed. Case #08-1689 Property Address: Violation(s): Sujery Castillo & Juan Vargas 440 NE 2yth Ave. CO CH 15 SEC. 15-120(0) Inc Mow yard and trim hedges. Officer Pierre presented the case and reviewed the details of the violation. The recommendation was 10 days be given to comply by September 27,2008. 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2008 Motion Based on the testimony and evidence presented in Case #08-1689, Mr. Yerzy moved that this Board find that Sujery Castillo & Juan Vargas are in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondents correct the violation on or before September 27, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $150 per day for each day the violation continues past September 27, 2008 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case #08-2122 Property Address: Violation(s): Bible Church of God, Inc. 1390 N. Seacrest Blvd. CO CH10 SEC.10-2 Mow property at east end of parking lot. Officer Cain presented the case and reviewed the details of the violation. The recommendation was 30 days be given to comply by October 17, 2008. Motion Based on the testimony and evidence presented in Case #08-2122, Mr. Himmelbaum moved that this Board find that Bible Church of God, Inc. is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before October 17, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past October 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. It was noted the Respondent was present earlier in the meeting and advised the Church would have the matter corrected by this weekend. Vote A vote was taken and the motion unanimously passed. 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2008 Case #08-2129 Property Address: Violation(s): Patrick Glover 2050 NE 1st Lane CO CH10 SEC.10-2 CO CH15 SEC15-120(D) Inc Repair or install driveway and apron. Mow yard and remove debris. Officer Cain presented the case and reviewed the details of the violations. All complied except for the driveway and apron. The recommendation was 30 days be given to comply by October 17, 2008. Motion Based on the testimony and evidence presented in Case #08-2129, Mr. Himmelbaum moved that this Board find that Patrick Glover 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 October 17, 2008. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past October 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. LaTour seconded the motion that unanimously passed. Case #08-1950 Property Address: Violation(s): Wells Far~o Bank Nat'l Assoc. 228 SE 26 h Avenue CO CH10 SEC.10-2 FBC '04 ED LDR 20(3) R4101.17.1-3 Mow overgrown yard. Install proper pool barrier to secure pool. Maintain pool in sanitary condition. Officer Guillaume presented the case and reviewed the details of the violation. The recommendation was10 days be given to comply by September 27,2008. Motion Based on the testimony and evidence presented in Case #08-1950, Mr. Yerzy moved that this Board find that Wells Fargo Bank Nat'1 Assoc. 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 September 27, 2008. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2008 the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $500 per day for each day the violations continue past September 27, 2008, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case #08-1967 Property Address: Violation(s): Antonio Storzieri 710 SW 2ih Terrace CO CH10 SEC.10-2 Mow yard, repair pool to sanitary condition. Officer Guillaume presented the case and reviewed the details of the violations. The recommendation was 10 days be given to comply by September 27, 2007. Motion Based on the testimony and evidence presented in Case #08-1967, Mr. Karageorge moved that this Board find that Antonio Storzieri is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before September 27,2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $1,000 per day for each day the violation continues past September 27, 2008, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that unanimously passed. Case #08-2202 Property Address: Violation( s): Fredrick Selby 124 SE 29th Avenue BBA FBC '04 105.1.1. Obtain permits for interior demolition, plumbing, mechanical electrical and structural work. Red tagged. Officer Guillaume presented the case and reviewed the details of the violations. The recommendation was 10 days be given to comply by September 27, 2008. Motion Based on the testimony and evidence presented in Case #08-2202, Mr. Himmelbaum moved that this Board find that Fredrick Selby is in violation of the City of Boynton 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2008 Beach Code section cited and moved to Order that the Respondent correct the violation on or before September 27,2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past September 27, 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. LaTour seconded the motion. A question arose whether the violation was a safety hazard. Officer Guillaume responded it was not. Vote Mr. Himmelbaum amended his motion to $50 per day. Mr. LaTour agreed to the change. A vote was taken and the motion unanimously passed. Case #08-2232 Property Address: Violation( s): Andrea and Dante Flora 911 SW 2ih Place CO CH10 SEC.10-2 LDR CH20 VIII SEC. G(1) Mow overgrown yard. Secure doors and windows to prevent entry and vandalism. Officer Guillaume presented the case and reviewed the details of the violation. The recommendation was 10 days be given to comply by September 27, 2008. Motion Based on the testimony and evidence presented in Case #08-2232, Mr. LaTour moved that this Board find that Andrea and Dante Flora 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 September 27, 2008. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $1,000 per day for each day the violations continue past September 27, 2008 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that unanimously passed. Case #08-2349 Property Address: Mark F. Wells 3622 SE 1 st Street 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2008 Violation(s): CO CH10 SEC.10-2 Mow overgrown yard. Maintain pool in sanitary condition. Officer Guillaume presented the case and reviewed the details of the violation. The recommendation was 10 days be given to comply September 27,2008. Motion Based on the testimony and evidence presented in Case #08-2349, Mr. Yerzy moved that this Board find that Mark F. Wells is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before September 27,2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $1,000 per day for each day the violation continues past September 27, 2008, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case #08-2352 Nancy Joy Diamond Lisa Rogers 136 SE 24th Avenue LDR 20 (3) R4101.17.1-3 CO CH1 0 SEC.1 0-2 Mow yard. Maintain pool in a sanitary condition. Install pool barrier. Property Address: Violation(s): Officer Guillaume presented the case and reviewed the details of the violation. The recommendation was 10 days be given to comply by September 27, 2008. Motion Based on the testimony and evidence presented in Case #08-2352, Mr. Himmelbaum moved that this Board find that Nancy Joy Diamond and Lisa Rogers 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 September 27, 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 $500 per day for each day the violations continue past September 27, 2008, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2008 Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaTour seconded the motion that unanimously passed. Case #08-2383 Property Address: Violation(s): Harrison C. Kutun 710 SW 25th Place LDR 20 (3) R4101.17.1-3 CO CH10 SEC.10-2 Maintain pool in a sanitary condition. Install pool barrier. Officer Guillaume presented the case and reviewed the details of the violation. The recommendation was 10 days be given to comply by September 27,2008. Motion Based on the testimony and evidence presented in Case #08-2383, Mr. LaTour moved that this Board find that Harrison C. Kutun 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 September 27, 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 $500 per day for each day the violations continue past September 27, 2008 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case #08-2119 Property Address: Violation(s): Joel and Rosalia Deybach 7124 Chesapeake Circle CO CH10 SEC.10-2 CO CH 10 SEC.10-3 Remove dead palm tree. Mow, weed and trim property. Officer Herring presented the case and reviewed the details of the violations. The recommendation was 10 days be given to comply by September 27, 2008. It is a hurricane hazard. Motion Based on the testimony and evidence presented in Case #08-2119, Mr. Yerzy moved that this Board find that Joel and Rosalia Deybach 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 September 27, 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, 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2008 a fine in the amount of $50 per day for each day the violations continue past September 27, 2008, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case #08-1529 Property Address: Violation(s): Rose Picker TR 248 N. Congress Avenue CO CH15-ART.IX-15-120(E) Inc. PT3-LDR, CH 4 SEC.11 PT3-LDR, CH7.5-11. SEC5.B. Restore landscaping to approved plans. Replace/repair screen dumpster fence enclosures. Paint exterior walls on east side of the building where paint is deteriorating or missing. Officer Lewis presented the case and reviewed the details of the violation. The City was requesting a two-part order. A letter was in the file from the Respondent agreeing to the order. The violations in the first part of the order would be corrected by November 16, 2008. The violations in the second part of the order would be corrected by January 15, 2009. Part one of the order would encompass the railing, replacing and repairing the screen for the dumpster and the painting in the back; part two would encompass the landscape and irrigation issues. Motion Based on the testimony and evidence presented in Case #08-1529, Mr. Himmelbaum moved that this Board find that Rose Picker TR is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before November 16,2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past November 16, 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. The following pertained to part two of the order which encompassed the landscape and irrigation. 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2008 Motion Based on the testimony and evidence presented in Case #08-1529, Mr. Himmelbaum moved that this Board find that Rose Picker 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 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 violations continue past December 16, 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. LaTour seconded the motion that unanimously passed. Case #08-2157 Property Address: Violation(s): H.B. Easton Inc. 112 Commerce Road BBA FBC '04105.1.1. Secure building permit for door in back of building. Officer Lewis presented the case and reviewed the details of the violation. The recommendation was 30 days be given to comply by October 17, 2008. Motion Based on the testimony and evidence presented in Case #08-2157, Mr. Yerzy moved that this Board find that H.B. Easton Inc. is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before October 17, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past October 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. Karageorge seconded the motion that unanimously passed. Case #08-2213 Property Address: Violation(s): Charles Beneby 114 NW 6th Street CO CH13 SEC 13-16 CO CH 15 SEC. 15-20(D) 1 Inc Obtain Business Tax Receipt for rental property. Remove storage trailers, fence materials and other items. 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17,2008 Officer Lewis presented the case and reviewed the details of the violation. He explained the only outstanding item was the Business Tax Receipt. The City was recommending 45 days. The Respondent was in the process of evicting the tenants. The remainder of the items were addressed. Motion Based on the testimony and evidence presented in Case #08-2213, Mr. Himmelbaum moved that this Board find that Charles Beneby 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 November 1, 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 violations continue past November 1, 2008 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that unanimously passed. Case #08-2289 Property Address: Violation(s): Maudira & Zelima Delhomme 815 NW 6th Street CO CH 15 SEC. 15-20(D) Inc Please remove refrigerator, furniture and other household items from yard. Officer Lewis presented the case and reviewed the details of the violation. The City recommendation was 10 days be given to comply by September 27, 2008. The Respondents were repeat violators. Motion Based on the testimony and evidence presented in Case #08-2289, Mr. LaTour moved that this Board find that Maudira & Zelima Delhomme are in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondents correct the violation on or before September 27, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $200 per day for each day the violation continues past September 27, 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 4-1 (Mr. Karageorge dissenting). 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2008 Case #08-2143 Property Address: Violation(s): Mary & Lewana Logan 403 NE 11th Avenue CO CH 15 SEC. 15-20(D) Inc Mow grass, weed, secure house and remove trash. Officer Melillo presented the case and reviewed the details of the violations. The violation was a health and safety hazard. The recommendation was 10 days be given to comply by September 27, 2008. Motion Based on the testimony and evidence presented in Case #08-2143, Mr. Himmelbaum moved that this Board find that Mary & Lewana Logan are in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondents correct the violation on or before September 27, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $250 per day for each day the violation continues past September 27, 2008 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that unanimously passed. Case #08-1983 Property Address: Violation(s): David J. Hooper 3120 Ocean Parkway CO CH 15 SEC. 15-20(D) Inc CO CH13, SEC 13-16 Remove inoperable & unregistered vehicles, remove trash and debris off carport. Obtain a Business Tax Receipt. Officer Pierre presented the case and reviewed the details of the violations as stated in the notice of violation. The recommendation was 30 days be given to comply by October 17, 2008. Motion Based on the testimony and evidence presented in Case #08-1983, Mr. Yerzy moved that this Board find that David J. Hooper 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 October 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 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2008 amount of $150 per day for each day the violations continue past October 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. Karageorge seconded the motion that unanimously passed. Case #08-2253 Property Address: Violation( s): Navon Wallace 45 S. Palm Drive CO CH 15 SEC. 15-20(D) Inc LDR CH20 VIII SEC. G(1) Secure property. Mow yard. Officer Pierre presented the case and reviewed the details of the violations as contained in the notice of violation. The recommendation was 10 days be given to comply by September 27,2008. Motion Based on the testimony and evidence presented in Case #08-2253, Mr. Yerzy moved that this Board find that Navon Wallace 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 September 27,2008. 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 violations continue past September 27, 2008 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case #08-2340 Property Address: Violation(s): John W. Field, Jr. 311 Ocean Parkway CO CH 15 SEC. 15-20(D) Inc Mow lot. Officer Pierre presented the case and reviewed the details of the violations as stated in the notice of violation. The recommendation was 10 days be given to comply by September 27, 2008. Motion Based on the testimony and evidence presented in Case #08-2340, Mr. Himmelbaum moved that this Board find that John W. Field, Jr., is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before September 27,2008. The Board has considered the gravity of the violation, 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2008 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 September 27, 2008 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that unanimously passed. Case #08-2167 Property Address: Violation( s): Mastr Asset Backed Securities 408 SW 10th Avenue CO CH 15 SEC. 15-20(D) Inc LDR CH 2 Sec. 4(E) LDR CH 2 SEC 4(J)(1) Cut hedges to 30" 25 feet of intersection right-of-way. Hedge obstructs sight lines. Officer Roy presented the case and reviewed the details of the violations as contained in the notice of violation. The recommendation was 10 days be given to comply by September 27,2008. Motion Based on the testimony and evidence presented in Case #08-2167, Mr. Himmelbaum moved that this Board find that Mastr Asset Backed Securities 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 September 27, 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 $500 per day for each day the violations continue past September 27, 2008 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that unanimously passed. Case #08-2183 Property Address: Violation( s): Tangiers Development LLC 133 NW 10th Avenue LDR CH20 VIII SEC. 2(H) CO CH 15 SEC. 15-120(D) Inc Remove trash and debris, replace missing screens. Correct rodent infestation problem. 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2008 Officer Roy presented the case and reviewed the details of the violation as contained in the notice of violation. The recommendation was 10 days be given to comply by September 27, 2008. The Respondent was a repeat offender. Motion Based on the testimony and evidence presented in Case #08-2183, Mr. Yerzy moved that this Board find that Tangiers Development, LLC is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before September 27, 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 $500 per day for each day the violations continue past September 27, 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. LaTour seconded the motion that unanimously passed. Case #08-2233 Property Address: Violation(s): Brian Fitzpatrick 137 NW 10th Avenue CO CH10 SEC.10-24 (A) (1) CO CH 15 SEC. 15-120(D) Inc Remove trash and debris, or anything dumped on empty lot. Re-sod bare areas of law, mow and trim overgrowth and maintain per City ordinance. Officer Roy presented the case and reviewed the details of the violation as contained in the notice of violation. The recommendation was 30 days be given to comply by October 17, 2008. Motion Based on the testimony and evidence presented in Case #08-2233, Mr. Karageorge moved that this Board find that Brian Fitzpatrick 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 October 17, 2008. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past October 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. 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2008 Case #08-1851 Norbey D. Tobon & Diana Garces 215 SW 1 St. CO CH 15 SEC. 15-120(D) Inc PT3-LDR.CH20-VIII SEC 1.G. Secure structure, mow and maintain property. Remove trash and debris. Property Address: Violation(s): Officer Webb presented the case and reviewed the details of the violation. The recommendation was 10 days be given to comply by September 27, 2008. Motion Based on the testimony and evidence presented in Case #08-1851, Mr. Yerzy moved that this Board find that Norbey D. Tobon & Diana Garces 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 September 27, 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 $500 per day for each day the violations continue past September 27, 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. LaTour seconded the motion. There was discussion about entering an abatement order. The Respondents were repeat offenders, the dwelling was unsecured, and the safety issue needed to be addressed first. Mr. Yerzy withdrew his motion. Mr. LaTour withdrew his second. Motion Mr. Karageorge moved to abate the property within 10 days, so it is secured by September 27, 2008. Attorney Tolces recommended the Board make a finding of violation first. Motion Based on the testimony and evidence presented in Case #08-1851, Mr. Karageorge moved that this Board find that Norbey D. Tobon & Diana Garces 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 September 27, 2008. The Board has considered the 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2008 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 $500 per day for each day the violations continue past September 27,2008 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. LaTour seconded the motion that unanimously passed. Motion Mr. Karageorge moved that in the event the violation is not complied by September 27, 2008, the City be allowed to go and abate the situation to secure the safety hazard. Mr. LaTour seconded the motion. There was clarification the abatement would occur after the September 27, 2008 date. Vote A vote was taken and the motion unanimously passed. Officer Webb recommended Case #08-1905 be certified at $50 per day. Case #08-1905 Lynn Varella 421 NE 28th Court Motion Based on the testimony and evidence presented in Case #08-1905, Mr. Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated August 20, 2008, and having considered the gravity of the violation, 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. Karageorge seconded the motion that unanimously passed. Officer Webb recommended the following cases be certified at $100 per day: Case #08-1982 Raynold & Muracia Simeus 3105 Ocean Parkway Motion Based on the testimony and evidence presented in Case #08-1982, Mr. Yerzy moved that this Board find that the Respondents have not complied with this Board's Order dated August 20, 2008, and having considered the gravity of the violation, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2008 Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. Himmelbaum seconded the motion that unanimously passed. Case #08-1984 Thomas Agius 3350 Ocean Parkway Motion Based on the testimony and evidence presented in Case #08-1984, Mr. Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated August 20, 2008, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Himmelbaum seconded the motion that unanimously passed. Case #08-1933 Samuel Anicette 3167 Orange Street Motion Based on the testimony and evidence presented in Case #08-1933, Mr. Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated August 20, 2008, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Himmelbaum seconded the motion that unanimously passed. Officer Webb recommended the following cases be certified at $150 per day: Case #08-938 Marie Sanon Est. and Marie C. & Umen Sanon 124 SW 9th Avenue Motion Based on the testimony and evidence presented in Case #08-938, Mr. Yerzy moved that this Board find that the Respondents have not complied with this Board's Order dated May 21, 2008, and having considered the gravity of the violation, 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. Case #08-1936 Deutsche Bank Natl Trust Co. 3291 Orange Street 28 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2008 Motion Based on the testimony and evidence presented in Case #08-1936, Mr. Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated August 20, 2008, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $150 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Karageorge seconded the motion that unanimously passed. Officer Webb recommended Case #08-1966 be certified at $200 per day. Case #08-1966 Virginia Garcia & Angelica Cristea 281 NW 28th Avenue Motion Based on the testimony and evidence presented in Case #08-1966, Mr. LaTour moved that this Board find that the Respondents have not complied with this Board's Order dated August 20, 2008, and having considered the gravity of the violations, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $200 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 offine. Mr. Yerzy seconded the motion that unanimously passed. Officer Webb recommended the following cases be certified at $250 per day: Case #08-1908 John Fitzpatrick 103 SE 5th Avenue Motion Based on the testimony and evidence presented in Case #08-1908, Mr. Yerzy moved that this Board find that the Respondents have not complied with this Board's Order dated August 20, 2008, and having considered the gravity of the violations, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $250 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. Karageorge seconded the motion that unanimously passed. Case #08-1710 Soundview Home Loan Trust 2006 404 SE 20th Court Motion Based on the testimony and evidence presented in Case #08-1710, Mr. Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated August 20, 2008, and having considered the gravity of the violations, the actions taken 29 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2008 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 Webb recommended the following cases be certified at $500 per day: Case #08-1567 Gail Luchey 124 NW 10th Avenue Motion Based on the testimony and evidence presented in Case #08-1567, Mr. Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated July 16, 2008, and having considered the gravity of the violation, 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. Himmelbaum seconded the motion that unanimously passed. Case #08-1568 Andrew and Gail Luchey 118 NW 10th Avenue Motion Based on the testimony and evidence presented in Case #08-1568, Mr. Yerzy moved that this Board find that the Respondents have not complied with this Board's Order dated July 16, 2008, and having considered the gravity of the violations, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $500 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. Himmelbaum seconded the motion that unanimously passed. Officer Webb recommended the following cases receive "No Fine": Case #08-1208 Robert Domenick 2316 SW 23rd Cranbrook Drive Motion Based on testimony and evidence presented in Case #08-1208, Mr. Himmelbaum moved that this Board find that the Respondent, Robert Domenick was in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Order of June 18, 2008, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify "No Fine." Mr. Yerzy seconded the motion that unanimously passed. 30 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2008 Case #08-1676 James F. Weege Trust 121 E. Woolbright Road Motion Based on testimony and evidence presented in Case #08-1676, Mr. Himmelbaum moved that this Board find that the Respondent, James F. Weege Trust 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 20, 2008, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify "No Fine." Mr. Yerzy seconded the motion that unanimously passed. VIII. Adjournment Motion Mr. Yerzy moved to adjourn. Mr. Karageorge seconded the motion that unanimously passed. The meeting adjourned at 9:00 p.m. (~.(LtA~/d/lLL l!ju.~tL~ / Catherine Cherry J Recording Secretary 091908 31