Minutes 08-20-08
MINUTES OF THE CODE COMPLIANCE BOARD MEETING
HELD ON WEDNESDAY, AUGUST 20, 2008, AT 7:00 P.M.
IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA
PRESENT:
Michele Costantino, Chair Scott Blasie, Code Compliance Administrator
Richard Yerzy, Vice Chair Jamila Alexander, Assistant City Attorney
Kathleen Carroll
Robert Foot
Canaan Himmelbaum
Mark Karageorge
Jamie LaTour
I. Call to Order
Chair Costantino called the meeting to order at 7:00 p.m.
II. Approval of Agenda
Skip Lewis, Senior Code Compliance Officer, recommended tabling Case #08-1361 for
30 days to September 17, 2008.
Motion
Mr. Foot moved that Case #08-1361 be tabled until the Code Compliance Board
meeting to be held on September 17, 2008. Mr. Karageorge seconded the motion that
unanimously passed.
Officer Lewis recommended tabling Case #08-446 for 30 days to September 17, 2008.
Motion
Mr. Himmelbaum moved that Case #08-446 be tabled until the Code Compliance Board
meeting to be held on September 17, 2008. Mr. Karageorge seconded the motion that
unanimously passed.
Officer Lewis recommended tabling Case #07-3227 for 60 days to October 15, 2008.
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Code Compliance Board
Boynton Beach, Florida August 20, 2008
Motion
Mr. Karageorge moved that Case #07-3227 be tabled until the Code Compliance Board
meeting to be held on October 15, 2008. Mr. Yerzy seconded the motion that
unanimously passed.
Officer Lewis recommended tabling Case #07-3099 for 60 days to October 15, 2008.
Motion
Mr. Foot moved that Case #07-3099 be tabled until the Code Compliance Board
meeting to be held on October 15, 2008. Mr. Yerzy seconded the motion that
unanimously passed.
Officer Lewis recommended tabling Case #08-1572 for 30 days to September 17, 2008.
Motion
Mr. Foot moved that Case #08-1572 be tabled until the Code Compliance Board
meeting to be held on September 17, 2008. Mr. Yerzy seconded the motion that
unanimously passed.
Officer Lewis recommended tabling Case #08-1581 for 30 days to September 17, 2008.
Motion
Mr. Foot moved that Case #08-1581 be tabled until the Code Compliance Board
meeting to be held on September 17, 2008. Mr. Karageorge seconded the motion that
unanimously passed.
Officer Lewis recommended tabling Case #08-1640 for 30 days to September 17, 2008.
Motion
Mr. Foot moved that Case #08-1640 be tabled until the Code Compliance Board
meeting to be held on September 17, 2008. Mr. Karageorge seconded the motion that
unanimously passed.
Officer Lewis recommended tabling Case #08-1926 for 30 days to September 17, 2008.
Motion
Mr. Foot moved that Case #08-1926 be tabled until the Code Compliance Board
meeting to be held on September 17, 2008. Mr. Yerzy seconded the motion that
unanimously passed.
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Code Compliance Board
Boynton Beach, Florida August 20, 2008
Officer Lewis reported the following cases complied: Case #’s 08-1821, 08-2051, 08-
1877, 08-1923 and 08-1956.
Motion
Mr. Yerzy moved to accept the agenda. Mr. Himmelbaum seconded the motion that
unanimously passed.
III. Approval of 7/16/08 Minutes
Motion
Mr. Karageorge moved to approve the minutes as corrected. Mr. Himmelbaum
seconded the motion that unanimously passed
IV. Swearing in of Witnesses and Introduction
Attorney Tolces Alexander explained the hearing procedures and administered the oath
to all who would be testifying.
Officer Lewis called the roll and determined who was present.
Mr. Foot noted U.S. National Bank had two cases. There was a representative present
who only acknowledged one case. It was noted the cases may be two separate
entities.
V. New Business
A. Cases to Be Heard – Tabled
Tabled items were addressed under Agenda Approval.
B. Cases to Be Heard - New
Chair Costantino requested hearing Case #08-1530 first due to there being a small child
present. There were no objections from the board.
Case # 08-1530 Cheryl Black
st
Location 321 SW 1Ave.
Violation(s) CO CH10 Sec. 10-3
Hire licensed tree
contractor to remove dead trees
Pete Roy
, Chief Code and Rehabilitation Officer, presented the case on behalf of Code
Officer Willie Webb; however, the woman appearing for the case was not the
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Respondent. Officer Roy advised the Respondent had 14 days to correct the violation.
The woman indicated she would pass the information on to the Respondent and left the
meeting.
Case #06-2472 Philip T. & Dorothy Di Nizo
th
.
Location: 444 SW 7 Ct
Violation(s): CHP13-ART 1, SEC 13-16
PT3-LDR.CH2.SEC.4E
Permit required for wooden fence
and tool shed. A Business Tax
Receipt required. Trim or remove
tree causing visual obstruction of
traffic.
Courtney Cain
, Code Officer, presented the case on behalf of Scott Blasie. He advised
the case was a referral from the Building Department. The initial inspection was October
3, 2006 regarding a permit for the shed. The other violations were corrected. The initial
notice was a written notice giving 10 days to comply. Certified mail was sent on June
21, 2007 and the return receipt signed on June 27, 2006. The Respondents were
present.
Philip DiNizo
, 655 Riviera Drive, pled not guilty.
Officer Cain explained the Respondents picked up their comments for the shed permit
on October 29, 2007 and as of this afternoon, they have not answered the comments or
obtained the permit.
Mr. DiNizo explained initially, they had a plan from the company that installed the shed,
which went out of business. When they applied and paid for the shed permit, they also
paid for the fence permit. When they applied for the shed permit, it called for three shed
anchors. The blueprints that came with the shed did not show that size anchor, but his
son agreed to install four anchors, which was appropriate for a 12 x 12 size shed. The
Building Department indicated it was not appropriate for the shed, even though it was
more than what was required.
Dorothy DiNizo
did not have copies of the permit receipts. She explained they have
been dealing with the issue for two years and have attended every Code meeting. The
shed was installed incorrectly and they had assumed the company would obtain the
permit. She explained they had sent comments to the Building Department but was told
they were not received.
It was suggested the Respondents resubmit their comments and determine what was
required for compliance.
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Boynton Beach, Florida August 20, 2008
Motion
Based on the testimony and evidence presented in Case #06-2472, Mr. Himmelbaum
moved that this Board find that Philip T. and Dorothy DiNizo 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 4, 2008. The Board has considered the
gravity of the violations, the actions taken by the Respondents and any previous
violations by the Respondents and hereby orders that if the Respondents do not comply
with this Order, a fine in the amount of $50 per day for each day the violations continue
past September 4, 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.
There was discussion the amount of time was not reasonable to obtain the permit. It
was explained the Respondents only had to supply the comments.
Vote
Mr. Himmelbaum amended his motion date to September 19, 2008. Mr. Karageorge
seconded the motion that unanimously passed.
Case #08-1604 Jermaine & Regina Horne
st
Location: 2090 NE 1 Lane
Violation(s): CH15-ART.IX-15-120(D) Inc.
LDR CH 20 ART 1 SEC C8E-16
Repair or install new driveway.
Post four inch numbers on
residence
Officer Cain presented the case and reviewed the details of the violation, which arose
from a routine inspection. The initial inspection occurred on June 4, 2008. The initial
notice was a written notice giving 30 days to comply. He reported the Respondent was
present.
st
Jermaine Horne
, 2090 NE 1 Lane, pled no contest. He explained the house numbers
were already in place. He explained he had been living at the premises for the past 10
years, and the driveway was there. This was the first time it was an issue. He
explained he was experiencing financial difficulties and approached the City for funds to
address the violation.
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Boynton Beach, Florida August 20, 2008
Motion
Mr. Foot moved that Case #08-1604 be tabled until the Code Compliance Board
meeting to be held on September 17, 2008. Mr. Karageorge seconded the motion that
unanimously passed.
Chair Costantino explained to the Respondent he would need to return to the board
next month with a progress report.
Case #08-2057 Monadnock Real Estate LLC
th
Location: 2563 SW 10 Street
BBA FBC ’04 105.1.1.
Violation(s):
Obtain permit for kitchen
remodel, air conditioning,
structural, plumbing and electrical
work performed as noted in red
tag
Luney Guillaume
, Code Compliance Inspector, presented the case and reviewed the
details of the violations. This was a referral from the Building Department. The initial
inspection date was July 16, 2008.
Thomas Calvert
, 2455 Grande Dale Drive, Cumming, GA, agent for the owner,
advised the former owner was guilty. He advised he contacted the air conditioning
company and was assured they would obtain a permit. He was told they needed plans.
He explained it was a replacement system and he did not know how to obtain the plans.
In reference to the kitchen remodel, he evicted the tenants and has not done any work.
As for the structural work, he was unaware of the status. The owner lives in San
Francisco, but he was serious about what needed to be done to correct the violation
and get rid of the property. He cleaned up the grounds and was in process of painting
the house exterior. Nearly everything was corrected with the exception of the kitchen
and the permit for the HVAC system. He hired Daryl B. Bailey to do they work and
requested 30 days to get the permit and 120 days to get the work done. He was
applying for a permit for a sprinkler system and would sod the yard. He reported he did
all he could to correct the items that did not require a permit.
Motion
Based on the testimony and evidence presented in Case #08-2057, Mr. Karageorge
moved that this Board find that Monadnack Real Estate 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 18, 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,
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Boynton Beach, Florida August 20, 2008
a fine in the amount of $250 per day for each day the violation continues past
November 18, 2008, plus administrative costs shall be imposed. The Respondent is
further ordered to contact the City of Boynton Beach Code Compliance Division in order
to arrange for re-inspection of the property to verify compliance with this Order.
Mr. Foot explained if the house was occupied he could agree to the fine amount,
otherwise he suggested $100 per day.
Vote
Mr. Foot seconded the motion that unanimously passed.
Chair Costantino requested hearing Case #08-1689 due to an attorney being present.
There were no objections noted.
Case #08-1689 Sujery Castillo and Juan
Vargas
th
Location: 440 NE 27 Ave.
Violation(s): CO CH15 SEC.15-120(D) Inc
Mow yard and trim hedges
Vestiguerne Pierre,
Code Compliance Officer, presented the case and reviewed the
violations which pertained to violations of the Community Appearance Code. He noted
a representative was present.
Janice Rableya
, 2424 N. Federal Highway, Ste. 360, Boca Raton, explained she was
appearing on behalf of the bank and the property was in foreclosure. She indicated she
was present to observe the proceedings. She explained if the Board could table the
matter for 30 to 60 days, she would have a better idea where the case was. They have
not been able to find any of the Respondents and they recently published in the Daily
Business Review.
Motion
Mr. Himmelbaum moved that Case #08-1689 be tabled until the Code Compliance
Board meeting to be held on September 17, 2008. Mr. Karageorge seconded the
motion for discussion.
(Kathleen Carroll arrived at 7:40 p.m)
Mr. Foot inquired when the bank would have the authority to assign someone to
address the violation.
Attorney Alexander explained the bank does not have authority to take control of the
property until a final judgment in its favor has been made. There have been occasions
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where banks mow or do whatever else was needed to correct the violation, but they
were not obligated to do so until a final judgment was obtained.
Vote
There was a vote on the motion that unanimously passed.
Case #08-0836 Gemini Boynton Beach 1 LLC
Location: 2290 N. Congress Avenue
Violation(s): PT3-LDR.CH7.5-II. SEC5.B.
Restore landscaping to the most
recently approved plan with the
City of Boynton Beach
Officer Lewis presented the case and reviewed the details of the violation. The property
was a commercial property and the case arose from a City referral. L.A. Fitness was
given a written notice giving 30 days to comply. The certified mail return receipt was
signed July 11, 2008 and a representative was present.
Mike Tuzo
, LA Fitness, 5190 N. Congress Avenue, was authorized to speak on the
owners behalf. Also present were Dane McGloughlin, landscaper and Christine Simon,
Phil’s Expert Tree Service.
Mr. Tuzo pled no contest and requested 120 days to correct the violation because they
were concerned with the hurricanes. Items remaining to be corrected were tree
trimming of hardwoods and palms which should be finished by the next week. Three
trees would be removed because of decay and disease and they were working with
Kevin Hallahan, City Forrester, regarding permit and replacement issues. They wanted
to defer the landscaping until after hurricane season and would get the plans between
now and then. Mr. Tuzo explained after Hurricane Wilma there was an initial clean-up
but no permits pulled. In the last 30 to 40 days there was further movement to clean up
the premises.
Officer Lewis distributed photographs for the members to review. He also pointed out to
the members that the section they were discussing was not LA Fitness property.
Motion
Based on the testimony and evidence presented in Case #08-0836, Mr. Karageorge
moved that this Board find that Gemini Boynton Beach 1 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 October 19, 2008. The Board has considered the gravity of the
violatios, 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
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Boynton Beach, Florida August 20, 2008
19, 2008, plus administrative costs shall be imposed. The Respondent is further
ordered to contact the City of Boynton Beach Code Compliance Division in order to
arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot
seconded the motion that unanimously passed.
Case #08-1776 Renda R. Walls
st
Location: 2540 NW 1 Street
.
Violation(s): COCH15-ART.IX-15-120(D) Inc
Mow yard and remove
inoperable & unregistered
vehicles. Remove trash and
tires.
Officer Pierre presented the case and reviewed the details of the violations which
pertained to violations of the Community Appearance Code. He explained to-date, only
the vehicles remained outstanding. He announced a representative for the Respondent
was present.
Gary Hill,
representing the Respondent pled not guilty. He explained he had registration
papers and the proof of insurance for the vehicles. He explained he has four children
and there were five vehicles and a motorcycle. They were all currently registered and
insured. There was also a church van on the property, also licensed and insured but
they do not drive it because someone ran into the back of the van and pushed it into the
home. It was presently used for outside storage. Officer Pierre noted there was a
covered vehicle parked on the side of the house and he distributed photographs for the
board to review.
Mr. Hill explained he has a 1972 Corvette on the side of his home. He does not drive it.
There was no tag or permit on it. Chair Costantino explained then it had to be removed
from the property.
Motion
Based on the testimony and evidence presented in Case #08-1776, Mr. Himmelbaum
moved that this Board find thatRenda R. Wallsis 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 4, 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 4, 2008,
plus administrative costs shall be imposed. The Respondent is further ordered to
contact the City of Boynton Beach Code Compliance Division in order to arrange for re-
inspection of the property to verify compliance with this Order. Mr. Foot seconded the
motion that unanimously passed.
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Case #08-1927 US Bank National Association
rd
Location: 305 NE 23 Avenue
.
Violation(s): COCH15-ART.IX-15-120(D) Inc
BBA FBC ’04 105.1.1.
BBA to FBC ’04 109.3
Secure permits for new doors
and carport enclosure. Schedule
a final inspection for fence
installed. Mow yard.
Officer Pierre presented the case and reviewed the details of the violations which
pertained to permit requirements and mowing the property. He advised the Respondent
was present.
Diane Balsara
, Nautica Realty, 1200 S. Federal Highway, Suite 307, was present. She
explained she was asked by the bank asset manager to attend the meeting and she did
not have authority to enter a plea on behalf of the bank. They saw the Code violation
posted on the property and was moving through proper channels to correct it. She
advised a contractor, certified by Fannie Mae as knowledgeable about foreclosure
properties, looked at the house and was in touch with the Building Department to
determine what permits were pulled. The carport was boarded up and was thought to
be a security issue but it was boarded with 2” x 4” construction. She requested the
matter be tabled for 60 days so they could obtain permits and finish the work.
The members discussed with hurricane season, the enclosure may be a safety issue;
however, Officer Pierre explained it was not. Ms. Balsara explained the bank
foreclosures are turned over to an Asset Management Corporation who gives the
listings to brokers. She reported they were obtaining bids for the work and their intent
was to determine what was done that was not permitted, and correct the violations.
Motion
Based on the testimony and evidence presented in Case #08-1927, Mr. Karageorge
moved that this Board find thatUS Bank National Associationis 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 4, 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
4, 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.
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Boynton Beach, Florida August 20, 2008
Vote
Discussion followed that $250 may be a more appropriate fine and would keep the
pressure on to cure the violations. Mr. Karageorge amended his motion to $250. Mr.
Yerzy amended his seconded. A vote was taken and the motion passed 6-1 (Mr.
Himmelbaum dissenting).
Case #08-1723 Peggy Hankerson
th
Location: 218 NW 11 Avenue
Violation(s): CO CH13 SEC. 13-16
Obtain Business Tax Receipt and
Inspection required for rental
properties.
Pete Roy, Chief Code and Rehabilitation Officer, presented the case and reviewed the
details of the violation which arose from a citizen complaint. The initial inspection date
was June 23, 2008 and written notice was provided giving 10 days to comply. The
notice was posted on July 30, 2008. The City recommended giving 10 days to correct
the violation. The Respondent was present.
th
Peggy Hankerson
, 218 NW 11 Avenue, pled no contest. Officer Roy explained the
Respondent needed to submit a permit application to the City and then call for the
inspection.
Motion
Based on the testimony and evidence presented in Case #08-1723, Mr. Karageorge
moved that this Board find thatPeggy Hankersonis in violation of the City of Boynton
Beach Code section cited and moved to Order that the Respondent correct the violation
on or before August 30, 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 $250 per day for each day the violation continues past August 30, 2008, plus
administrative costs shall be imposed. The Respondent is further ordered to contact the
City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of
the property to verify compliance with this Order. Mr. Himmelbaum seconded the
motion that unanimously passed.
Case #08-1323 Philip & Dorothy DiNizo
Location: 655 Riviera Dr.
Violation(s): BBA FBC ’04 105.1.1.
Permit required for dock
extension
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Mike Melillo
, Senior Code Compliance Officer, presented the case on Officer Webb’s
behalf. He explained the violation pertained to permit issues.
Philip DiNizo
, 655 Riviera Drive, was present and pled no contest. He explained he
signed a contract with a marine contractor and then left due to a death in the family.
The dock was completed when he returned. He received notice there was a permit
required after the contractor was paid and then He contacted the firm and they indicated
it would be done, but it was not. He needed a survey which took three or four weeks.
He called the contractor again and requested a response in time for the meeting, but
had not heard anything further from them.
The members discussed there were three layers of approvals needed. Mr. DiNizo
advised he had not spoken with anyone, only the contractor.
Motion
Based on the testimony and evidence presented in Case #08-1323, Mr. Foot moved
that this Board find that Philip & Dorothy DiNizoare in violation of the City of Boynton
Beach Code section cited and moved to Order that the Respondents correct the
violation on or before November 18, 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
November 18, 2008, plus administrative costs shall be imposed. The Respondents are
further ordered to contact the City of Boynton Beach Code Compliance Division in order
to arrange for re-inspection of the property to verify compliance with this Order. Mr.
Karageorge seconded the motion. A vote was taken and the motion passed 4-3
(Messrs LaTour, Himmelbaum and Chair Costantino dissenting.)
A discussion followed about the appropriateness of the fine.
Motion
Based on the testimony and evidence presented in Case #08-1323, Mr. Himmelbaum
moved that this Board find that Philip & Dorothy DiNizoare in violation of the City of
Boynton Beach Code section cited and moved to Order that the Respondents correct
the violation on or before November 18, 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 $50 per day for each day the violation continues past November
18, 2008, plus administrative costs shall be imposed. The Respondents are further
ordered to contact the City of Boynton Beach Code Compliance Division in order to
arrange for re-inspection of the property to verify compliance with this Order. Mr. Yerzy
seconded the motion that passed 6-1 (Mr. Foot dissenting.)
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Case #08-1772 Doramis & Paul Dorceus
Location: 720 S. Seacrest Blvd.
Violation(s): CO CH15-ART.IX-15-120(D) Inc.
Remove trash and debris.
Remove unlicensed and
inoperable vehicle. Remove or
repair tool shed.
Officer Melillo presented the case, for Officer Webb, and reviewed the details of the
violation. The case arose from a routine inspection. Written notice giving 10 days to
comply was issued and service was obtained via certified mail on July 8, 2008. The
Respondent was present.
Eli Dorceus
, 720 S. Seacrest Boulevard, the son of the owners, was present and was
authorized to speak on their behalf. He pled no contest and explained the shed was
surrounded by trees, and was there when they moved in. The shed was metal and no
permits were needed to remove it. Mr. Dorceus indicated they had items stored in the
shed. It was noted the doors could be repaired since the shed was old and a
replacement may be difficult to find. If they upgraded the doors, they would need a
permit. The doors could be straightened and backed with wood to comply with the
Community Appearance Code.
Motion
Based on the testimony and evidence presented in Case #08-1772, Mr.Karageorge
moved that this Board find that Doramis & Paul Dorceusare 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 19, 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 $50 per day for each day the violation continues past September
19, 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 #08-1774 Raymond T. Zomba
th
Location: 416 SW 5 Avenue
Violation(s): CO CH15-ART.IX-15-120(D) Inc.
CO CH15-ART.IX-15-120(E) Inc.
Repair garage door, replace
water damaged fascia boards
and windows, remove trash and
debris from rear property. Mow
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and trim all overgrowth in rear
yard.
Officer Roy presented the case on behalf of Officer Webb and reviewed the details of
the violation. The initial inspection date was June 24, 2008 and written notice was
provided giving 30 days to comply. Notice of hearing was sent via certified mail on
August 1, 2008 and the return receipt was signed August 7, 2008. The City
recommended 10 days be given for compliance. He noted the Respondent was
present.
th
Raymond T. Zompa
, 416 SW 5 Avenue, pled no contest. He explained he repaired
the garage door and it was secure. He explained he was having financial difficulties
with securing the windows and casings. He has resided at the premises for 35 years.
Officer Roy had photos when the property was first cited. There was only one window
broken which needed a glass replacement. The window was secured but its repair and
the water damage to the fascia board remained.
Motion
Based on the testimony and evidence presented in Case #08-1774, Mr. Karageorge
moved that this Board find that Raymond T. Zomba 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 19, 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 October
19, 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.
There was discussion the Respondent did not obtain a permit for the garage because
he repaired it. Officer Roy had photos he showed to the Respondent. Mr. Zompa had
also removed nearly all the trash and debris.
Mr. Karageorge left the dais at 8:31 p.m.
th
Case #08-1611 Fresnel & Lucienne Osirus 1640 NE 4 Ct.
Officer Cain presented the case and reviewed the details of the violation which
pertained to violations of the Community Appearance Code. The Notice of Violation
was issued on June 4, 2008 to remove various items and junk from the yard and to
obtain a Business Tax Receipt.
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The Respondents appeared for the hearing and the compliance date and fine set was to
comply by July 31, 2008 or incur a $50 per day fine. The violation still existed and there
were 19 days of non-compliance. The obstacle to obtaining the Business Tax Receipt
was a carport.
Lucienne Osirus
, 290 Berenger Walk, was present and explained there was a tenant in
the home.
Mr. Karageorge returned to the dais at 8:33 pm.
Ms. Osirus explained she would have to pull a permit and they called a contractor who
wanted $1,000 just to pull the permit. She explained when the contractor comes he
would recommend either removing the carport or bringing it to Code. Because she has
a tenant, she would have to give them time to move somewhere else and she requested
she be given 30 days to correct the violation. The tenant was using the carport as a
bedroom, and they were aware of the issue.
Officer Cain explained she would need some time to cure the violations. She
purchased the home unaware the carport was enclosed and she was stuck in the
middle. She would need a general contractor. He suggested 30 days was not enough,
and 120 days would be more appropriate. It was noted; however, when long extensions
are granted, often the Respondents become complacent.
Motion
Mr. Himmelbaum moved that Case #08-1611 be tabled until the Code Compliance
Board meeting to be held on November 19, 2008. Mr. LaTour seconded the motion that
unanimously passed.
st
Case #08-1277 Lisette Linares 644 NW 1 Avenue
Officer Lewis presented the case and reviewed the details of the violations. The notice
of violation was April 28, 2008 and the hearing date was June 18, 2008. The
Respondent did not appear. The compliance date and fine set by the board was to
comply by July 3, 2008 or incur a fine of $1,000 per day. The Respondent was present.
Lisette Linares
, 900 Bay Drive, Miami Beach was present with an interpreter who was
not identified. The members requested it be explained to Ms. Linares what needed to
be done and the fine was $1,000 per day because the violation was a safety hazard.
There were children in the neighborhood. Ms. Linares rented the home and the tenant
had not advised her of the notices. She came to the home in late July/August to fix the
air conditioning and she was then made aware of the matter from the air conditioning
technician. She first became aware of the violations on August 5, 2008 and she had
already sent someone for the lawn, pool, and to clean the yard but it still was not
complete.
15
Meeting Minutes
Code Compliance Board
Boynton Beach, Florida August 20, 2008
Officer Lewis recommended the fine be certified. The main complaint was to secure the
pool, and address the trash and debris. Letters were sent to her address in Miami, but
there was no response. Ms. Linares inquired what address the notices were sent to and
it was noted the unit number was incorrect. She had moved to a different unit #1024
two years earlier. Officer Lewis explained the correspondence was sent to the address
of record and when she moved she needed to contact the Palm Beach County Property
Appraiser so she could always be contacted regarding the property she owns in
Boynton Beach.
Officer Lewis distributed photographs to the members. A pool screen was removed
although the pool was cleaned. It was not known if anything was protecting the pool,
but there were still tires and trash and debris in the front of the yard.
The tenant had advised there was damage to the fence and he would deduct rent to fix
it. He deducted the monies, but he did not make the repairs. Only when the air
conditioning broke and the tenant could not fix the unit, did she become aware of the
matter. The last time she visited the property was four months ago. She believed the
fence had been addressed.
There was discussion the City performed its due diligence to contact the property
owner, and the Respondent was aware in April that the fence was an issue. The
members discussed certifying the fine and then the Respondent could return and apply
for a lien reduction. It was explained the City’s recommendation was to obtain total
compliance and obtain the Business Tax Receipt. She would have to remove the
aluminum screen and fix the fence.
Motion
Based on the testimony and evidence presented in Case #08-1277, Mr. Foot moved
that this Board find that the Respondent has not 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 impose and certify a fine in the amount of $1,000 per
day plus administrative costs which shall continue to accrue until the Respondent
comes into compliance or until a judgment is entered based upon this certification of
fine. Ms. Carroll seconded the motion that unanimously passed.
nd
Case #01-216 Leopold & Dalicia Bertrand 2200 NE 2 Street
Officer Roy addressed the Lien Reduction Request and explained the Notice of
Violation was issued January 31, 2001 to remove unregistered and inoperable vehicles
from the property. The matter was heard by the board on March 21, 2001 and no one
appeared. The compliance date and fine set by the Board was to comply by April 16,
2001 or incur a fine in the amount of $25 per day. The property complied on January
14, 2004 and had accumulated 1,002 days of non-compliance and a fine in the amount
of $25,050. The Respondents were present.
16
Meeting Minutes
Code Compliance Board
Boynton Beach, Florida August 20, 2008
nd
Dalicia Bertrand
, 2200 NE 2 Street, was present with her son who spoke on her
behalf, and explained the truck was his brother’s truck. He admitted the vehicle was not
at the premises for long, but it was there. He was planning on adding a room in the
back of the home and when he went to obtain a permit, he was advised about the
violation. He explained they usually address issues immediately, but his brother parked
the car there, then was incarcerated and then deported. They had to ship the car back
to Haiti because they did not have the authority to get rid of the vehicle. The
Respondent reported he did not receive any notice.
Motion
Based on the testimony and evidence presented in Case #01-216, Ms. Carroll moved
that this Board find that the Respondents have not complied with this Board's Order
dated March 21, 2001, 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
$25 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. and having been advised that the Respondents have complied with
all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of
Boynton Beach Code of Ordinances, Ms. Carroll moved that this board reduce the fines
instituted in Case #01-216, by virtue of this Board’s Order of March 21, 2001, to an
amount of $634.12, including Administrative Costs.” Mr. Himmelbaum seconded the
motion that passed 6-1 (Mr. Foot dissenting.)
The members took a five minute break at 9:01 p.m.
Mr. Foot left the meeting at 9:03 p.m.
The meeting resumed at 9:10 p.m.
Case #08-1635 Ernestine E. Bush
st
Location: 2190 NE 1 Lane
Violation(s): CO CH15-ART.IX-15-120(E) Inc
Remove Blue Tarp off roof and
then repair roof. Permit required
to re-roof home
Officer Cain presented the request that pertained to violations of the Community
Appearance Code. The City was recommending 30 days be given, until September 19,
.
2008 The Respondent was unable to appear but submitted written correspondence
which is included in the backup of the meeting materials.
17
Meeting Minutes
Code Compliance Board
Boynton Beach, Florida August 20, 2008
Motion
Based on the testimony and evidence presented in Case #08-1635, Mr. Yerzy moved
that this Board find that Ernestine E. Bush 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 19, 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 19, 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
Ms. Carroll and Mr. Himmelbaum returned to the meeting at 9:12 p.m.
Case #08-1718 Victor Acosta/Adorno & Yoss, LLP
th
Location: 311 NE 16 Avenue
Violation(s): CO CH10 SEC.10-2
Mow yard
Officer Cain presented the case which pertained to violations of the Community
Appearance Code and notice was provided. He advised the Respondent were not
present. The City recommended giving 10 days to comply, by August 30, 2008.
Motion
Based on the testimony and evidence presented in Case #08-1718, Mr. Yerzy moved
that this Board find that Victor Acosta is in violation of the City of Boynton Beach Code
section cited and moved to Order that the Respondent correct the violation on or before
August 30, 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 August 30,2008 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 #08-1817 Sandra Padilla
rd
Location: 1619 NE 3 St
Violation(s): CO CH10 SEC.10-2
Mow yard and remove trash from
property. Garbage container is full.
Call Public Works for a pick-up.
18
Meeting Minutes
Code Compliance Board
Boynton Beach, Florida August 20, 2008
Officer Cain presented the case which pertained to violations of the Community
Appearance Code and notice was given. He advised the Respondent was not present.
The City recommended giving 10 days to comply, by August 30, 2008.
Motion
,
Based on the testimony and evidence presented in Case #08-1817 Mr. Himmelbaum
moved that this Board find that Sandra Padilla is in violation of the City of Boynton
Beach Code section cited and moved to Order that the Respondent correct the violation
on or before August 30, 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 August 30,2008 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 #08-1823 Carmelo Campos
th
Location: 330 NE 16 Ave
Violation(s): CO CH10 SEC.10-2
CO CH15-ART.IX-15-120(D) 1 Inc
BBA FBC ’04 105.1.1.
Mow yard and remove trash from
property. Trim hedges. Obtain permit
and repair shed
Officer Cain presented the case which pertained to violations of the Community
Appearance Code and notice was given. He advised the Respondent was not present.
.
The City recommended giving 30 days to comply, by September 19, 2008
Motion
,
Based on the testimony and evidence presented in Case #08-1823 Mr. Yerzy moved
that this Board find that Carmelo Campos 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 19, 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 September 19, 2008
plus administrative costs shall be imposed. The Respondent is further ordered to
contact the City of Boynton Beach Code Compliance Division in order to arrange for re-
inspection of the property to verify compliance with this Order. Mr. Karageorge
.
seconded the motion that unanimously passed
19
Meeting Minutes
Code Compliance Board
Boynton Beach, Florida August 20, 2008
Case #08-1826 Niva Simplice
rd
Location: 1470 NW 3 St.
Violation(s): CO CH10 SEC.10-2
CO CH15-ART.IX-15-120(D) 1 Inc
Mow yard and keep it maintained.
Repair shed or remove it.
Officer Cain presented the case which pertained to violations of the Community
Appearance Code and notice was given. He advised the Respondent was not present.
The City recommended giving 30 days to comply, by September 19, 2008.
Motion
,
Based on the testimony and evidence presented in Case #08-1826 Mr. Yerzy moved
that this Board find that Niva Simplice 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 19, 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 September 19, 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 #08-1914 John & Cheryl McBride
Location: 802 Ocean Inlet Dr.
Violation(s): CO CH10 SEC.10-2
CO CH15-ART.IX-15-120(D) 1 Inc
Weed front yard & mow overgrowth
in rear yard. Pool must be
maintained in a sanitary condition.
Officer Guillaume presented the case which pertained to violations of the Community
Appearance Code and notice was given. He advised the Respondents were not
present. The City recommended giving 10 days to comply, by August 30, 2008.
Motion
,
Based on the testimony and evidence presented in Case #08-1914 Mr. Himmelbaum
moved that this Board find that John & Cheryl McBride 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 August 30, 2008. The Board has considered the gravity of
the violations, the actions taken by the Respondents and any previous violations by the
20
Meeting Minutes
Code Compliance Board
Boynton Beach, Florida August 20, 2008
Respondents and hereby orders that if the Respondents do not comply with this Order,
a fine in the amount of $200 per day for each day the violations continue past August
30, 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 #08-1940 Robert J. Mumma
th
Location: 144 SE 28 Avenue
Violation(s): CO CH15-ART.IX-15-120(E) 1
Mow overgrown yard.
Officer Guillaume presented the case which pertained to violations of the Community
Appearance Code and notice was given. He advised the Respondent was not present.
The City recommended giving 10 days to comply, by August 30, 2008.
Motion
Based on the testimony and evidence presented in Case #08-1940, Ms. Carroll moved
that this Board find that Robert J. Mummais in violation of the City of Boynton Beach
Code section cited and moved to Order that the Respondent correct the violation on or
before August 30, 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 August 30, 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 #08-1951 Jonace Charite
Location: 1818 Banyan Creek Cir. N.
Violation(s): CO CH10 SEC.10-2
CH10 SEC.10-3
Mow, weed and trim property.
Renting residence without a current
business tax receipt
Officer Herring presented the case which pertained to license requirements and
maintaining his yard. He advised the Respondent was not present. The City
recommended giving 10 days to comply, by August 30, 2008.
21
Meeting Minutes
Code Compliance Board
Boynton Beach, Florida August 20, 2008
Motion
,
Based on the testimony and evidence presented in Case #08-1951 Mr. Yerzy moved
that this Board find that Jonace Chariteis in violation of the City of Boynton Beach Code
sections cited and moved to Order that the Respondent correct the violations on or
before August 30, 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 August 30, 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 #08-2007 U.S. Bank National Assoc. TR
Location: 6 Dogwood Circle
Violation(s): CO CH10 SEC.10-2
CO CH 15 SEC. 15-120(E) Inc.
LDR CH 20 VIII SEC/. G(1)
Remove green water from pool,
secure house, and remove blue tarp
from roof
Officer Herring presented the case which pertained to violations of the Building/Housing
Codes. He advised the Respondent was not present. The City recommended giving 10
days to comply, by August 30, 2008.
Motion
Based on the testimony and evidence presented in Case #08-2007, Mr. Himmelbaum
moved that this Board find that U.S. Bank National Assoc. TRis in violation of the City
of Boynton Beach Code sections cited and moved to Order that the Respondent correct
the violations on or before August 30, 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 violations continue past August
30, 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 #08-2084 Rodrigo & Mary Rodriguez
Location: 6 Valencia Drive
Violation(s): CO CH10 SEC.10-2
Mow, weed and trim property
22
Meeting Minutes
Code Compliance Board
Boynton Beach, Florida August 20, 2008
Officer Herring presented the case which pertained to violations of the trash debris and
trimming. He advised the Respondents were not present. The City recommended
giving 10 days to comply, by August 30, 2008.
Motion
,
Based on the testimony and evidence presented in Case #08-2084 Mr. Yerzy moved
that this Board find that Rodrigo & Mary Rodriguezare in violation of the City of Boynton
Beach Code sections cited and moved to Order that the Respondents correct the
violations on or before August 30, 2008. The Board has considered the gravity of the
violations, the actions taken by the Respondents and any previous violations by the
Respondents and hereby orders that if the Respondents do not comply with this Order,
a fine in the amount of $50 per day for each day the violation continues past August 30,
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. Carroll seconded
the motion that unanimously passed.
Case #08-2085 Jennifer & Patrick Fike
Location: 7026 Chesapeake Circle
Violation(s): CO CH10 SEC.10-2
Mow, weed and trim property
Officer Herring presented the case which pertained to violations of trash, debris and
trimming. He advised the Respondents were not present. The City recommended
giving 10 days to comply, by August 30, 2008.
Motion
,
Based on the testimony and evidence presented in Case #08-2085 Mr. Himmelbaum
moved that this Board find that Jennifer & Patrick Fikeare in violation of the City of
Boynton Beach Code section cited and moved to Order that the Respondents correct
the violation on or before August 30, 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 $50 per day for each day the violation continues past August 30,
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 #08-2090 Qwest Financial Services, LLC
Location: 1384 Edgewater Dr.
Violation(s): CO CH10 SEC.10-2
23
Meeting Minutes
Code Compliance Board
Boynton Beach, Florida August 20, 2008
Mow, weed and trim property
Officer Herring presented the case which pertained to violations of the trash, debris and
trimming. He advised the Respondent was not present. The City recommended giving
10 days to comply, by August 30, 2008.
Motion
,
Based on the testimony and evidence presented in Case #08-2090 Mr. Yerzy moved
that this Board find that Qwest Financial Services, is in violation of the City of Boynton
Beach Code section cited and moved to Order that the Respondent correct the violation
on or before August 30, 2008. The Board has considered the gravity of the violation, the
actions taken by the Respondent and any previous violations by the Respondent and
hereby orders that if the Respondent does not comply with this Order, a fine in the
amount of $100 per day for each day the violation continues past August 30, 2008 plus
administrative costs shall be imposed. The Respondent is further ordered to contact the
City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of
the property to verify compliance with this Order. Ms. Carroll seconded the motion that
unanimously passed.
Case #08-2092 Nicole Maximin-Joseph Nicole
Location: 151 Citrus Park Drive
Violation(s): CO CH10 SEC.10-2
Mow, weed and trim property
Officer Herring presented the case which pertained to violations of trash, debris and
trimming. He advised the Respondents were not present. The City recommended
giving 10 days to comply, by August 30, 2008.
Motion
Based on the testimony and evidence presented in Case #08-2092, Mr. Yerzy moved
that this Board find that Nicole Maximin-Joseph Nicole is in violation of the City of
Boynton Beach Code section cited and moved to Order that the Respondent correct the
violation on or before August 30, 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 August 30,
2008 plus administrative costs shall be imposed. The Respondent is further ordered to
contact the City of Boynton Beach Code Compliance Division in order to arrange for re-
inspection of the property to verify compliance with this Order. Ms. Carroll seconded
the motion that unanimously passed.
Case #08-2093 Jesus A. Sanchez
Location: 114 Citrus Park Drive
Violation(s): CO CH10 SEC.10-2
24
Meeting Minutes
Code Compliance Board
Boynton Beach, Florida August 20, 2008
LDR CH20 VIII SEC. G(1)
CO CH 15 SEC. 15-120(D) INC
Mow, weed and trim property
Secure property and repair fence
Officer Herring presented the case which pertained to violations of trash, debris and
trimming. He advised the Respondent was not present. The City recommended giving
10 days to comply, by August 30, 2008.
Motion
Based on the testimony and evidence presented in Case #08-2093, Mr. Himmelbaum
moved that this Board find that Jesus A. Sanchez is in violation of the City of Boynton
Beach Code sections cited and moved to Order that the Respondent correct the
violations on or before August 30, 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 $100per day for each day the violation continues past August
30, 2008 plus administrative costs shall be imposed. The Respondent is further ordered
to contact the City of Boynton Beach Code Compliance Division in order to arrange for
re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded
the motion that unanimously passed.
Case #08-1636 Geraldine Hickey
th
Location: 1110 NW 8 Street
Violation(s): CO CH 15 SEC. 15-120(D) INC
Mow and trim overgrown yard areas.
Remove inoperable, unregistered
vehicles from the property.
Officer Lewis presented the case which pertained to violations of trash, debris and
trimming. He advised the Respondent was not present. The City recommended giving
15 days to comply, by September 4, 2008.
Motion
,
Based on the testimony and evidence presented in Case #08-1636 Mr. Karageorge
moved that this Board find that Geraldine Hickeyis 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 4, 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 $50per day for each day the violation continues past September 4, 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-
25
Meeting Minutes
Code Compliance Board
Boynton Beach, Florida August 20, 2008
inspection of the property to verify compliance with this Order. Ms. Carroll seconded
the motion that unanimously passed.
Case #08-1870 Martha Tabares
st
Location: 805 SW 1 Avenue
Violation(s): CO CH 15 SEC. 15-120(D) INC
CO CH 13 SEC. 13-16
LDR CH2 SEC 5(D) (1)
Secure a Business Tax Receipt for
rental property. Cease and desist
auto sales in a residential area.
Remove all unregistered, inoperable
vehicles from the property.
Officer Lewis presented the case which pertained to violations with trash, debris and
trimming. He advised the Respondent was not present. The City recommended giving
15 days to comply, by September 4, 2008.
Mr. Foot inquired if a separate Cease and Desist Order was needed. Officer Lewis
responded the Respondent was no longer selling cars and the Oder was not needed.
Motion
Based on the testimony and evidence presented in Case #08-1870, Mr. Yerzy moved
that this Board find that Martha Tabaresis 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 4, 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 $100per day for each day the violations ontinue past September 4, 2008
plus administrative costs shall be imposed. The Respondent is further ordered to
contact the City of Boynton Beach Code Compliance Division in order to arrange for re-
inspection of the property to verify compliance with this Order. Ms Carroll seconded the
motion that unanimously passed.
Case #08-1908 John Fitzpatrick
th
Location: 103 SE 5 Avenue
Violation(s): CO CH 15 SEC. 15-120(D) INC
CO CH 13 SEC. 13-16
Renew Business Tax Receipt
including 2007. Mow grass. Trim
hedges. Remove or register pick-
up truck. Remove all outside
storage. Repair broken outside
light, rotten roof and fascia board.
26
Meeting Minutes
Code Compliance Board
Boynton Beach, Florida August 20, 2008
Officer Melillo presented the case which pertained to violations of the Community
Appearance Code and license requirements. He advised the Respondent was not
present. The City recommended giving 10 days to comply, by August 30, 2008.
Motion
,
Based on the testimony and evidence presented in Case #08-1908 Mr. Yerzy moved
that this Board find that John Fitzpatrickis in violation of the City of Boynton Beach
Code sections cited and moved to Order that the Respondent correct the violations on
or before August 30, 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 $250per day for each day the violations continue past August 30, 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 #08-1783 Yale Mortgage Corp.
Location: 3290 N. Seacrest Blvd.
Violation(s): CO CH 15 SEC. 15-120(D) INC
LDR CH2 SEC 4(J) (1)
Remove inoperable and
unregistered vehicles from your
property and repair your driveway.
Trim back hedge on the corner to
meet above code requirements.
Officer Pierre presented the case which pertained to violations of the Community
Appearance Code. The Respondent was not present. The City recommended giving 10
days to comply, by August 30, 2008.
Motion
Based on the testimony and evidence presented in Case #08-1783, Mr. Yerzy moved
that this Board find that Yale Mortgage Corp. is in violation of the City of Boynton Beach
Code sections cited and moved to Order that the Respondent correct the violations on
or before August 30, 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 $150per day for each day the violations continue past August 30, 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
27
Meeting Minutes
Code Compliance Board
Boynton Beach, Florida August 20, 2008
the property to verify compliance with this Order. Mr. Karageorge seconded the motion
that unanimously passed.
Case #08-1864 Gloria H. Washam
Location: 124 Arthur Court
Violation(s): CO CH 15 SEC. 15-120(D) INC
Remove inoperable and
unregistered vehicle. Remove
debris from yard.
Officer Pierre presented the case which pertained to violations of the Community
Appearance Code. The Respondent was not present. The City recommended giving 10
days to comply, by August 30, 2008.
Motion
,
Based on the testimony and evidence presented in Case #08-1864 Mr. Yerzy moved
that this Board find thatGloria H. Washamis in violation of the City of Boynton Beach
Code section cited and moved to Order that the Respondent correct the violation on or
before August 30, 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 $150per day for each day the violation continues past August 30, 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 #08-1905 Lynn Varela
th
Location: 421 NE 28 Street
Violation(s): CO CH 15 SEC. 15-120(D) INC
Mow yard.
Officer Pierre presented the case which pertained to violations of the Community
Appearance Code. The Respondent was not present. The City recommended giving 10
days to comply, by August 30, 2008.
Motion
,
Based on the testimony and evidence presented in Case #08-1905 Ms. Carroll moved
that this Board find thatLynn Varelais in violation of the City of Boynton Beach Code
section cited and moved to Order that the Respondent correct the violation on or before
August 30, 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
28
Meeting Minutes
Code Compliance Board
Boynton Beach, Florida August 20, 2008
$50per day for each day the violation continues past August 30, 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 #08-1925 Anicea & Jasper Harrison
Location: 3055 Orange Street
Violation(s): CO CH 15 SEC. 15-120(D) INC
Remove trash and debris from yard
Officer Pierre presented the case which pertained to violations of the Community
Appearance Code. The Respondents were not present. The City recommended giving
10 days to comply, by August 30, 2008.
Motion
,
Based on the testimony and evidence presented in Case #08-1925 Mr. Karageorge
moved that this Board find thatAnicea and Jasper Harrisonare in violation of the City of
Boynton Beach Code section cited and moved to Order that the Respondents correct
the violation on or before August 30, 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 $150per day for each day the violation continues past August
30, 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 #08-1936 Deutsche Bank National Trust
Location: 3291 Orange Street
Violation(s): CO CH 15 SEC. 15-120(D) 1 INC
Replace missing hedges, repair
wooden and chain link fence.
Remove trash and debris. Mow
property.
Officer Pierre presented the case which pertained to violations of the Community
Appearance Code. The Respondent was not present. The City recommended giving 10
days to comply, by August 30, 2008.
Motion
,
Based on the testimony and evidence presented in Case #08-1936 Mr. Himmelbaum
moved that this Board find that Deutsche Bank National Trustis in violation of the City
29
Meeting Minutes
Code Compliance Board
Boynton Beach, Florida August 20, 2008
of Boynton Beach Code section cited and moved to Order that the Respondent correct
the violation on or before August 30, 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 $150per day for each day the violation continues past August
30, 2008 plus administrative costs shall be imposed. The Respondent is further ordered
to contact the City of Boynton Beach Code Compliance Division in order to arrange for
re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded
the motion that unanimously passed.
Case #08-1959 Jackson Lindor
Location: 3207 E. Palm Dr.
Violation(s): CO CH 15 SEC. 15-120(D) INC
CO CH 13 SEC. 13-16
Business Tax Receipt required to
rent residence. Mow yard and
remove inoperable and unregistered
vehicle from property
Officer Pierre presented the case which pertained to violations of the City’s license
requirements. The Respondent was not present. The City recommended giving 10
days to comply, by August 30, 2008.
Motion
,
Based on the testimony and evidence presented in Case #08-1959 Mr. Yerzy moved
that this Board find that Jackson Lindoris in violation of the City of Boynton Beach Code
sections cited and moved to Order that the Respondent correct the violations on or
before August 30, 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 $150per day for each day the violations continue past August 30, 2008 plus
administrative costs shall be imposed. The Respondent is further ordered to contact the
City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of
the property to verify compliance with this Order. Ms. Carroll seconded the motion that
unanimously passed.
Case #08-1966 Virginia Cristea & Angelica Garcia
th
Location: 281 NW 28 Avenue
Violation(s): CO CH 15 SEC. 15-120(D) INC
Mow yard and remove vehicle over
one-ton truck
30
Meeting Minutes
Code Compliance Board
Boynton Beach, Florida August 20, 2008
Officer Pierre presented the case which pertained to violations of the Community
Appearance Code. The Respondents were not present. The City recommended giving
10 days to comply, by August 30, 2008.
Motion
,
Based on the testimony and evidence presented in Case #08-1966 Mr. Yerzy moved
that this Board find that Virginia & Cristea A. Garciaare in violation of the City of
Boynton Beach Code section cited and moved to Order that the Respondents correct
the violation on or before August 30, 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 $200per day for each day the violation continues past August
30, 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 #08-1969 Christian J. Servil
th
Location: 210 NW 28 Avenue
Violation(s): CO CH 15 SEC. 15-120(D) INC
Mow and remove all debris from
property
Officer Pierre presented the case which pertained to violations of the Community
Appearance Code. The Respondent was not present. The City recommended giving 10
days to comply, by August 30, 2008.
Motion
Based on the testimony and evidence presented in Case #08-1969, Mr. Yerzy moved
that this Board find that Christian J. Servilis in violation of the City of Boynton Beach
Code section cited and moved to Order that the Respondent correct the violation on or
before August 30, 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 $50per day for each day the violation continues past August 30, 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 #08-1982 Raynold & Muracia Simeus
Location: 3105 Ocean Pkwy
Violation(s): CO CH 15 SEC. 15-120(D) INC
31
Meeting Minutes
Code Compliance Board
Boynton Beach, Florida August 20, 2008
Remove graffiti from driveway. Mow
yard and remove trash and debris
Officer Pierre presented the case which pertained to violations of the Community
Appearance Code. The Respondents were not present. The City recommended giving
10 days to comply, by August 30, 2008.
Motion
Based on the testimony and evidence presented in Case #08-1982, Mr. Yerzy moved
that this Board find that Raynold & Muracia Simeusare in violation of the City of
Boynton Beach Code section cited and moved to Order that the Respondents correct
the violation on or before August 30, 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 $100per day for each day the violation continues past August
30, 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 #08-1984 Thomas A. Agius
Location: 3350 Ocean Pkwy
Violation(s): CO CH 15 SEC. 15-120(D) INC
Remove graffiti from driveway. Mow
yard and remove trash and debris
Officer Pierre presented the case which pertained to violations of the Community
Appearance Code. The Respondent was not present. The City recommended giving 10
days to comply, by August 30, 2008.
Motion
,
Based on the testimony and evidence presented in Case #08-1984 Mr. Yerzy moved
that this Board find that Thomas A. Agiusis in violation of the City of Boynton Beach
Code section cited and moved to Order that the Respondent correct the violation on or
before August 30, 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 $100per day for each day the violation continues past August 30, 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.
32
Meeting Minutes
Code Compliance Board
Boynton Beach, Florida August 20, 2008
Case #08-1993 Samuel Anicette
Location: 3167 Orange Street
Violation(s): CO CH 15 SEC. 15-120(D) INC
Remove all trash and debris from
property.
Officer Pierre presented the case which pertained to building and housing violations.
The Respondent was not present. The City recommended giving 10 days to comply, by
August 30, 2008.
Motion
,
Based on the testimony and evidence presented in Case #08-1993 Mr. Yerzy moved
that this Board find that Samuel Anicette is in violation of the City of Boynton Beach
Code section cited and moved to Order that the Respondent correct the violations on or
before August 30, 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 $100per day for each day the violation continues past August 30, 2008 plus
administrative costs shall be imposed. The Respondent is further ordered to contact the
City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of
the property to verify compliance with this Order. Mr. Himmelbaum seconded the
motion that unanimously passed.
Case #08-2083 James D. Rodden
Location: 440 Ocean Pkwy.
Violation(s): CO CH 15 SEC. 15-120(D) INC
CO CH 15 SEC. 15-120(E) INC
Remove trash and debris
Officer Pierre presented the case which pertained to violations of the Community
Appearance Code. The Respondent was not present. The City recommended giving 30
days to comply, by September 19, 2008. It was noted the pool was unclean, but it was
secured.
Motion
,
Based on the testimony and evidence presented in Case #08-2083 Mr. Karageorge
moved that this Board find that James D. Rodden 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 19, 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 $250per day for each day the violations continue past
33
Meeting Minutes
Code Compliance Board
Boynton Beach, Florida August 20, 2008
September 19, 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 #08-1759 Ina Thomas
th
Location: 233 NW 6 Avenue
Violation(s): CO CH 15 SEC. 15-120(D) INC
Remove trash, debris and boat from
property
Officer Roy presented the case which pertained to violations of the Community
Appearance Code. The Respondent was not present. The City recommended giving 10
days to comply, by August 30, 2008.
Motion
,
Based on the testimony and evidence presented in Case #08-1759 Mr. Himmelbaum
moved that this Board find that Ina Thomas is in violation of the City of Boynton Beach
Code section cited and moved to Order that the Respondent correct the violation on or
before August 30, 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 $200per day for each day the violation continues past August 30, 2008plus
administrative costs shall be imposed. The Respondent is further ordered to contact the
City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of
the property to verify compliance with this Order. Ms. Carroll seconded the motion that
unanimously passed.
Case #08-1932 David & Jane Kislak TR
th
Location: 515 NW 8 Avenue
Violation(s): CO CH 15 SEC. 15-120(D) INC
CO CH 10 SEC 10-24 (A)(5)
Remove trash. Mow and trim
overgrowth. Remove trash can after
pick-up and store out of sight.
Officer Roy presented the case which pertained to violations of the Community
Appearance Code. The Respondents were not present. The City recommended giving
10 days to comply, by August 30, 2008.
Motion
,
Based on the testimony and evidence presented in Case #08-1932 Mr. Yerzy moved
that this Board find that David & Jane Kislak TRare in violation of the City of Boynton
34
Meeting Minutes
Code Compliance Board
Boynton Beach, Florida August 20, 2008
Beach Code sections cited and moved to Order that the Respondents correct the
violations on or before August 30, 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 $200per day for each day the violations continue pastAugust
30, 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.
It was noted the Respondents were repeat violators.
Vote
Mr. Yerzy amended his option motion to change the fine amount to $300 per day. Ms.
Carroll amended her second and the motion unanimously passed.
Case #08-2060 Rigaud & Yolaine Saintfort
Location: W. Woolbright Road
Violation(s): CO CH 15 SEC. 15-120(D) INC
CCO CH10 SEC 10-2
Mow and maintain lot per City
Ordinance.
Officer Roy presented the case which pertained to violations of the Community
Appearance Code. The Respondents were not present. The City recommended giving
10 days to comply, by August 30, 2008.
Motion
Based on the testimony and evidence presented in Case #08-2060, Mr. Yerzy moved
that this Board find thatRigaud & Yolaine Saintfortare in violation of the City of Boynton
Beach Code sections cited and moved to Order that the Respondents correct the
violations on or before August 30, 2008. The Board has considered the gravity of the
violations, the actions taken by the Respondents and any previous violations by the
Respondents and hereby orders that if the Respondents do not comply with this Order,
a fine in the amount of $200$300 per day for each day the violations continue past
August 30, 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 #08-2076 Raul E. Estrada
th
Location: 440 SW 4 Avenue
Violation(s): CO CH 15 SEC. 15-120(D) INC
35
Meeting Minutes
Code Compliance Board
Boynton Beach, Florida August 20, 2008
CCO CH10 SEC 10-3
LDR CH2 SEC 5(D)(1)
Mow and trim overgrowth. Remove
outside storage. Remove
dilapidated lanai and plywood from
windows and repair any damage to
windows
Officer Roy presented the case which pertained to violations of the Community
Appearance Code. The Respondent was not present. The City recommended giving 15
days to comply, by September 4, 2008.
Motion
,
Based on the testimony and evidence presented in Case #08-2076 Mr. Himmelbaum
moved that this Board find that Raul E. Estrada 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 4, 2008 August 30, 2008. The Board has considered
the gravity of the violations, the actions taken by the Respondent and any previous
violation by the Respondent and hereby orders that if the Respondent does not comply
with this Order, a fine in the amount of $300per day for each day the violations continue
pastSeptember 4, 2008 August 30, 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 # 08-1530 Cheryl Black
st
Location 321 SW 1Ave.
Violation(s) CO CH10 Sec. 10-3
Hire licensed tree
contractor to remove dead trees
Officer Roy presented the case on behalf of Code Officer Willie Webb which pertained
to hurricane hazards. The Respondent was not present although another individual
appeared who was advised the Respondent would have 14 days to correct the violation.
The City was recommending 15 days be given to correct the violation, by September 4,
2008.
Motion
,
Based on the testimony and evidence presented in Case #08-1530 Mr. Himmelbaum
moved that this Board find that Cheryl Black is in violation of the City of Boynton Beach
Code section cited and moved to Order that the Respondent correct the violation on or
before August 30, 2008. The Board has considered the gravity of the violation, the
actions taken by the Respondent and any previous violations by the Respondent and
36
Meeting Minutes
Code Compliance Board
Boynton Beach, Florida August 20, 2008
hereby orders that if the Respondent does not comply with this Order, a fine in the
amount of $150per day for each day the violation continues pastAugust 30, 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.
It was noted the Respondent had a contract for the work.
Case #08-1676 James F. Weege TR
Location: 121 E. Woolbright Road
Violation(s): BBA FBC ’04 105.1.1.
Canvas pole signs require a permit.
Officer Melillo presented the case on behalf of Officer Webb which pertained to
violations of the City’s permit requirements. The Respondent was not present. The City
recommended giving 10 days to comply, by August 30, 2008.
Motion
,
Based on the testimony and evidence presented in Case #08-1676 Mr. Yerzy moved
that this Board find thatJames F. Weege TR,is in violation of the City of Boynton Beach
Code sections cited and moved to Order that the Respondent correct the violation on or
before August 30, 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 $200per day for each day the violation continues pastAugust 30, 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.
It was pointed out the sign a metal pole sign with a canvas cover and the sign needed a
permit.
Case #08-1710 Soundview Home Loan Tr. 2006
th
Location: 404 SE 20 Ct.
Violation(s): CO CH 15 SEC 15-120(D)1 Inc.
CO CH13 SEC 13-16
Mow and Trim overgrowth. Obtain
Business Tax Receipt for rental of
home.
37
Meeting Minutes
Code Compliance Board
Boynton Beach, Florida August 20, 2008
Officer Melillo presented the case on behalf of Willie Webb which pertained to violations
of the City’s permit and appearance requirements. The Respondent was not present.
The City recommended giving 10 days to comply, by August 30, 2008.
Motion
,
Based on the testimony and evidence presented in Case #08-1710 Mr. Yerzy moved
that this Board find thatSoundview Home Loan Tr. 2006is in violation of the City of
Boynton Beach Code sections cited and moved to Order that the Respondent correct
the violations on or before August 30, 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 $250per day for each day the violation continues pastAugust
30, 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.
th
Case #08-1507 Marie M. Muselaire & 125 SE 27 Place
Nicaisse Eusetache
.
Officer Lewis recommended Case #08-1507 be certified at $50 per day
Motion
Based on the testimony and evidence presented in Case #08-1507, Mr. Karageorge
moved that this Board find that the Respondents hve not complied with this Board's
Order dated June 18, 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 $50 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. LaTour seconded the motion that unanimously passed.
Officer Lewis requested the following cases be certified at $100 per day:
Case #08-1623 TRU 2005 RD E I LLC-TOYS R US 601 N. Congress Ave.
Motion
Based on the testimony and evidence presented in Case #08-1623, 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 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
38
Meeting Minutes
Code Compliance Board
Boynton Beach, Florida August 20, 2008
into compliance or until a judgment is entered based upon this certification of fine. Ms.
Carroll seconded the motion that unanimously passed.
th
Case #08-1617 Daniel & Woyaline Dirogene 1635 NE 4 Ct.
Motion
Based on the testimony and evidence presented in Case #08-1617, 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
$100 per day plus administrative costs which shall continue to accrue until the
Respondents come into compliance or until a judgment is entered based upon this
certification of fine. Ms. Carroll seconded the motion that unanimously passed.
st
Case #08-1618 Carol Parrish 2001 NE 1 Lane
Motion
Based on the testimony and evidence presented in Case #08-1618, 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 violations, the actions taken by
the Respondents, that this Board impose and certify a fine in the amount of $100 per
day plus administrative costs which shall continue to accrue until the Respondent
comes into compliance or until a judgment is entered based upon this certification of
fine. Ms. Carroll seconded the motion that unanimously passed.
Case #08-1173 David & Fernande Pierre Louis 22 Heather Cove Dr.
Motion
Based on the testimony and evidence presented in Case #08-1173, Mr. Yerzy moved
that this Board find that the Respondents have not complied with this Board's Order
dated June 18, 2008, and having considered the gravity of the violations, the actions
taken by the Respondents, that this Board impose and certify a fine in the amount of
$100 per day plus administrative costs which shall continue to accrue until the
Respondents come into compliance or until a judgment is entered based upon this
certification of fine. Ms. Carroll seconded the motion that unanimously passed.
Case #08-928 Wilchild & Marie Guerrier 6 Elton Place
Motion
Based on the testimony and evidence presented in Case #08-928, Mr. Yerzy moved
that this Board find that the Respondents have not complied with this Board's Order
39
Meeting Minutes
Code Compliance Board
Boynton Beach, Florida August 20, 2008
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
$100 per day plus administrative costs which shall continue to accrue until the
Respondents come into compliance or until a judgment is entered based upon this
certification of fine. Ms. Carroll seconded the motion that unanimously passed.
th
Case #08-1693 Donald Ross 2801 NE 4 Street
Motion
Based on the testimony and evidence presented in Case #08-1693, 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 violations, the actions taken by
the Respondent, that this Board impose and certify a fine in the amount of $100 per day
plus administrative costs which shall continue to accrue until the Respondent comes
into compliance or until a judgment is entered based upon this certification of fine. Ms.
Carroll seconded the motion that unanimously passed.
th
Case #08-1279 Timothy Pardo 134 SE 11 Avenue
Motion
Based on the testimony and evidence presented in Case #08-1279, Mr. Yerzy moved
that this Board find that the Respondent has not 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 impose and certify a fine in the amount of $100 per day
plus administrative costs which shall continue to accrue until the Respondent comes
into compliance or until a judgment is entered based upon this certification of fine. Ms.
Carroll seconded the motion that unanimously passed.
Case #08-1377 Alice J. Blackford 131 W. Ocean Avenue
Motion
Based on the testimony and evidence presented in Case #08-1377, Mr. Yerzy moved
that this Board find that the Respondent has not 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 impose and certify a fine in the amount of $100 per day
plus administrative costs which shall continue to accrue until the Respondent comes
into compliance or until a judgment is entered based upon this certification of fine. Ms.
Carroll seconded the motion that unanimously passed.
The following case was recommended to be certified at $150 per day:
th
Case #08-1256 Douglas M. Feeley 331 NE 4 Avenue
40
Meeting Minutes
Code Compliance Board
Boynton Beach, Florida August 20, 2008
Motion
Based on the testimony and evidence presented in Case #08-1256, Mr. Yerzy moved
that this Board find that the Respondent has not 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 impose and certify a fine in the amount of $150 per day
plus administrative costs which shall continue to accrue until the Respondent comes
into compliance or until a judgment is entered based upon this certification of fine. Ms.
Carroll seconded the motion that unanimously passed.
The following case was recommended to be certified at $200 per day:
nd
Case #08-1694 Thomas F. Curran 417 NE 2 Street
Motion
Based on the testimony and evidence presented in Case #08-1694, Mr. Yerzy moved
that this Board find that the Respondent has not 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 impose and certify a fine in the amount of $200 per day
plus administrative costs which shall continue to accrue until the Respondent come into
compliance or until a judgment is entered based upon this certification of fine. Ms.
Carroll seconded the motion that unanimously passed.
The following cases were recommended to be certified for “No Fine”:
Case #06-2328 Boynton Shoppes Acquisition 2212 N. Congress Ave.
Motion
Based on testimony and evidence presented in Case #06-2328, Mr. Karageorge moved
that this Board find that the Respondent Boynton Shoppes Acquisition, 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, 2008, and in consideration of
the gravity of the violations and the actions taken by the Respondent to remedy the
violations and the previous violations of the Respondent that this Board impose and
certify “No Fine.” Ms. Carroll seconded the motion that unanimously passed.
th
Case #08-672 Discount Auto Parts Inc. 1480 SW 8 St.
NRAI Services Inc.
Motion
Based on testimony and evidence presented in Case #08-672, Mr. Karageorge moved
that this Board find that the Respondent Discount Auto Parts Inc/ NRAI Services Inc.,
41
Meeting Minutes
Code Compliance Board
Boynton Beach, Florida August 20, 2008
was in violation of the City of Boynton Beach Code sections as cited subsequent to the
date of compliance specified in the Board's Order of May 21, 2008, and in consideration
of the gravity of the violations and the actions taken by the Respondent to remedy the
violations and the previous violations of the Respondent that this Board impose and
certify “No Fine.” Ms. Carroll seconded the motion that unanimously passed.
th
Case #08-1539 Jose & Maritza Rodriguez 340 SW 7 Ave.
Motion
Based on testimony and evidence presented in Case #08-1539, Mr. Karageorge moved
,
that this Board find that the Respondents, Jose & Maritza Rodriguezwere 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 July 16, 2008, and in consideration of the
gravity of the violations and the actions taken by the Respondent to remedy the
violations and the previous violations of the Respondent that this Board impose and
certify “No Fine.” Ms. Carroll seconded the motion that unanimously passed.
Officer Lewis requested the following cases be tabled to September 17, 2008:
th
Case #08-938 Marie A. Sanon Est & 124 SW 9 Ave.
Marie C. & Umen Sanon
Motion
Mr. Yerzy moved that Case #08-938 be tabled until the Code Compliance Board
meeting to be held on September 19, 2008. Mr. Himmelbaum seconded the motion that
unanimously passed.
rd
Case #08-1208 Robert Domenick 2316 SW 23 Cranbrook Dr.
Motion
Mr. Yerzy moved that Case #08-1208 be tabled until the Code Compliance Board
meeting to be held on September 19, 2008. Mr. Himmelbaum seconded the motion that
unanimously passed.
th
Case #08-1305 Norma Maragh 203 NE 11 Ave.
Motion
Mr. Yerzy moved that Case #08-1305 be tabled until the Code Compliance Board
meeting to be held on September 19, 2008. Mr. Himmelbaum seconded the motion that
unanimously passed.
42
Meeting Minutes
Code Compliance Board
Boynton Beach, Florida August 20, 2008
Adjournment
There being no further business to discuss the meeting properly adjourned at 9:38 p.m.
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Catherine Cherry
Recording Secretary
082108
43