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Minutes 10-15-08 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, OCTOBER 15, 2008, AT 7:00 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Michelle Costantino, Chair Richard Yerzy, Vice Chair Robert Foot Canaan Himmelbaum Kathleen Carroll Mark Karageorge (arrived at 7:11 p.m.) Scott Blasie, Code Compliance Administrator David Tolces, Assistant City Attorney ABSENT: Jamie LaTour I. Call to Order Chair Costantino called the meeting to order at 7:00 p.m. II. Approval of Agenda Vestiguerne Pierre, Senior Code Officer, recommended Case #07-3227 be tabled for 90 days to January 13, 2009. Motion Mr. Yerzy moved that Case #07-3227 be tabled to the Code Compliance Board meeting to be held on January 13, 2009. Ms. Carroll seconded the motion that passed unanimously. Officer Pierre advised Case #08-2196 complied, and recommended Case #07-3099 be tabled until November 19, 2008. Motion Mr. Himmelbaum moved that Case #07-3099 be tabled to the next Code Compliance Board meeting to be held on November 19, 2008. Ms. Carroll seconded the motion that passed unanimously. Officer Pierre advised the following cases complied: Case #08-2193, Case 08-2194, and Case #08-2433. He advised Case 08-2416 was removed, and Case #08-2565 was closed. He recommended Case #08-1864 be tabled until November 19, 2008. 1 Meeting Minutes Code Enforcement Board Boynton Beach, Florida October 15,2008 Motion Mr. Himmelbaum moved that Case #08-1864 be tabled to the next Code Compliance Board meeting to be held on November 19, 2008. Mr. Foot seconded the motion that passed unanimously. Motion Mr. Yerzy moved to accept the agenda as amended. Ms. Carroll seconded the motion that passed unanimously. III. Approval of August 20, 2008 and September 19, 2008 Minutes Minutes of August 20, 2008: Motion Mr. Himmelbaum moved to approve the minutes as amended. (The corrections are attached to the original set of minutes on file in the City Clerk's office.) Ms. Carroll seconded the motion that passed unanimously. Minutes of September 19, 2008: Motion Ms. Carroll moved to accept the minutes as amended. (The corrections are attached to the original set of minutes on file in the City Clerk's office.) Mr. Yerzy seconded the motion that passed unanimously. IV. Swearing in of Witnesses and Introduction Attorney Tolces set forth an explanation of the hearing procedure and administered the oath to all who would be testifying. Officer Pierre called the roll and determined who was present. Chair Costantino requested Case #08-2469 be heard first, as the attorney was present. There was no objection to the request. Case #08-2469 (Taken out of order) Location: Violations: A Safe Place 146 LLC 146 SE 27th Place CO CH 13 SEe. 13-16 Obtain Business Tax Receipt. 2 Meeting Minutes Code Enforcement Board Boynton Beach, Florida October 15, 2008 Luney Guillaume, Code Compliance Inspector, presented the case and reviewed the details of the violation. Written notice had been provided. The Respondent was given 10 days to com ply. James J. Dougherty, 7491 N. Federal Highway, C5300, Boca Raton, noted he was appearing on behalf of the Respondent and Felicia Dickson, the property owner. He pled no contest. The inspection had not yet been performed. At Mr. Dougherty's direction, Ms. Dickson had visited the Business Tax Receipt Department in Boynton Beach today, and obtained an application for the license required. Mr. Dougherty had spoken with Inspector Guillaume and requested an extension of time to schedule an inspection. Inspector Guillaume noted the owner was obligated to call for an inspection and had not done so, but he had no objection to an extension being granted. Inspector Guillaume indicated he had a copy of the receipt obtained by Ms. Dickson from the Business Tax Department. Motion Based on the testimony and evidence presented in Case #08-2469, Mr. Foot moved that this Board find that A Safe Place 146 LLC is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violations on or before November 14, 2008. The Board has considered the gravity of the violation, 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 $25 per day for each day the violation continues past November 14, 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 #08-2487 Location: Violations: Cinaise &. Murat Donastor &. Ducles Elusca 1607 NE 4TH Avenue CO CH15 SEC15-120(D) Inc LDR CH20 VIII SEe. G( 1) Remove all outside storage in rear yard and under carport (wood, furniture, junk). Repair all electric outlets. Rear room is not habitable. Courtney Cain, Code Officer, presented the case and reviewed the details of the violations. He advised the initial inspection occurred on August 28, 2008. The rear room was no longer occupied and had complied. The remaining violations still existed. Written notice was posted at City Hall and at the property on October 3, 2008. A safety concern existed. The Respondents were given 30 days to comply. 3 Meeting Minutes Code Enforcement Board Boynton Beach, Florida October 15, 2008 Murat Donastor, 1607 NE 4th Street, commented he did not speak English well. Officer Pierre translated for Mr. Donastor, who pled no contest. Mr. Donastor did everything he was asked to do and contended he removed the furniture last Wednesday. However, photographs dated October 14, 2008 indicated the remaining violations still existed. Mr. Donaster verified he was the owner of the property Motion Based on the testimony and evidence presented in Case #08-2487, Mr. Himmelbaum moved that this Board find that Cinaise and Murat Donastor and Ducles Elusca 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 October 25, 2008. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $150 per day for each day the violations continue past October 25, 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. Mr. Donastor was provided an explanation of the process and whom to contact. Case #08-2389 Location: Violations: Juan and Paulina B. Garcia 2317 NE 4th Street BBA FBC '04 105.1.1 CO CH13, SEC 13-16 Obtain permit for addition (garage, patio area and shower). Obtain Business Tax Receipt. Officer Pierre presented the case and reviewed the details of the violations. He noted the permit had been obtained and the unpermitted structures had been removed. It was still necessary for the Respondents to obtain a Business Tax Receipt for rental of the property. Juan Garcia was present. Christopher Garcia and Juan Garcia, 5423 Thunderbird Drive, Lake Worth, set forth their names and address for the record. Christopher Garcia advised he would be translating for Juan Garcia. Juan Garcia, owner of the property, pled no contest. He contended he was unaware a Business Tax Receipt was necessary, and was in the process of obtaining it. 4 Meeting Minutes Code Enforcement Board Boynton Beach, Florida October 15, 2008 Motion Based on the testimony and evidence presented in Case #08-2389, Mr. Yerzy moved that this Board find that Juan and Paulina B. Garcia 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 October 25, 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 October 25, 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 #08-2443 Location: Violations: Ann Freiday 622 Dimick Road CO CH 15 SEe. 15-120(D) Inc CO CH13 SEC 13-16 Remove all debris from front and rear of property including all unregistered and inoperable vehicles, boat and recreational vehicles. Fix fence. Obtain Business Tax Receipt. Officer Pierre presented the case and reviewed the details of the violations. The Respondent originally owned the property, but transferred the deed to another party. Officer Pierre determined the Business Tax Receipt violation should be removed as the property was not being rented. John McCann, 622 Dimick Road, advised he and the Respondent were not married and were living together. The Respondent was ill, and Mr. McCann was representing her. Attorney Tolces inquired whether Mr. McCann had a Power of Attorney or other document indicating he was authorized to speak on the Respondent's behalf. Mr. McCann advised he could produce a document if required to do so. Attorney Tolces pointed out a Respondent was usually represented by a spouse or other relative. He indicated the Board could go forward, knowing that Mr. McCann could produce a letter or Power of Attorney signed by the Respondent. In the alternative, the case could be continued to the next meeting. 5 Meeting Minutes Code Enforcement Board Boynton Beach, Florida October 15, 2008 Motion Mr. Himmelbaum moved that Case #08-2443 be tabled until the next Code Compliance Board meeting to be held on November 19, 2008. Mr. Karageorge seconded the motion. The question was raised as to what could happen if Mr. McCann pled no contest, and the Board provided 30 days to comply, levying a fine. Attorney Tolces responded the hearing would have to be re-noticed. He provided a worst-case scenario. If the Board entered an order, and a lien was placed on the property because compliance was never achieved, the Respondent could challenge the action taken. If the Board agreed to table the matter, Attorney Tolces recommended Mr. McCann be requested to provide a Power of Attorney in the event the Respondent was unable to attend the next meeting. Following discussion, the motion passed 5-1 (Mr. Yetzy dissenting). Case #08-2672 Location: Violations: Bruce and Laura Hammond 3365 Ocean Parkway CO CH 15 SEe. 15-120(E) Inc CO CH 15 SEe. 15-120(D) Inc Remove all debris from front and rear yard. Repair facia boards. Mow and trim property. Officer Pierre presented the case and reviewed the details of the violations. Mr. Hammond was present. Bruce Hammond, 3365 Ocean Parkway, pled no contest. He believed he could comply in 30 days. He noted the trailer had been removed from the back yard, but the grass had not been mowed, and the facia boards had not been repaired. Officer Pierre had no objection to a 30-day extension to November 14, 2008. Motion Based on the testimony and evidence presented in Case #08-2672, Ms. Carroll moved that this Board find that Bruce and Laura Hammond are in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondents correct the violations on or before November 14, 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 November 14, 2008 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order 6 Meeting Minutes Code Enforcement Board Boynton Beach, Florida October 15,2008 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 # 08-803 John Paul and Cristina Brancato 96 Citrus Park Lane Scott Blasie, Code Compliance Administrator, noted the property was currently being salvaged from foreclosure. A lis pendens had been filed against the property owners, John Paul and Cristina Brancato, and was recorded on December 17, 2007. Patti Baker, of Keller Williams Realty, had been working with Ms. Springer, Code Compliance Coordinator, and it was believed a closing was scheduled for the near future. Ms. Baker cured the violations and brought the site into compliance. She also paid an outstanding water bill of $572.68. Mr. Blasie provided photographs for the Board. In one of the photographs, it appeared the pool gate was not secured. However, another photograph illustrated the gate had been secured with a chain and padlock. Mr. Blasie noted the pool violation resulted in a lien on the property. Patti Baker, Keller Williams Realty, 7552 Texas Trail, Boca Raton, noted she was the realtor for the sellers. A buyer had been found and would be occupying the property. It was questioned whether the new owner would be responsible for the dollar amount agreed to by the Board for a lien reduction. Ms. Baker responded the parties were involved in a short-sell transaction, wherein she negotiated a purchase agreement with the lender, Chase. Chase was only allowing Keller Williams Realty to pay administrative fees in order to remove the lien and close on the property. Attorney Tolces advised if the Board approved the lien reduction, under the Code, the Respondents had 90 days to pay the reduced amount. If the amount was not paid, the full amount of the lien would be due and owing. If the Respondents were unable to resolve the issue in 90 days, in all likelihood the short sell would not go through, and the lien would remain on the property. Ms. Baker pointed out the buyer would not purchase the property with a lien currently in place. Chase had agreed to pay only the administration fees, even if it meant the property would go into foreclosure. The property had not been maintained in months, despite Ms. Baker's due diligence in bringing the property up to Code. She maintained if the issue was not resolved at this meeting, the property would go into foreclosure. Attorney Tolces added in the event of foreclosure, it was likely the City would not receive any monies. Ms. Baker noted if the issue was resolved at this meeting, she would re-submit a Housing and Urban Development (HUD) 1 form to the lender tomorrow morning, and the buyer would be ready to close within two to three weeks. 7 Meeting Minutes Code Enforcement Board Boynton Beach, Florida October 15, 2008 It was noted staff appreciated the efforts of Ms. Baker and Keller Williams Realty in bringing the property into compliance and finding a buyer. In light of the danger posed by an unattended pool, it was suggested at least a nominal fine of $1,000 plus administrative costs be assessed. Attorney Tolces reiterated no monies would be received by the City if the property went into foreclosure, and Chase had only agreed to pay administrative costs. It was believed it would be better to collect something, rather than nothing, on the property and as such, it was suggested the Board settle for administrative costs. Mr. Blasie noted the board's decision was subject to review by the City Commission. Motion Based on testimony and evidence presented in Case #08-803, and having been advised that the Respondents have complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Himmelbaum moved that this Board reduce the fines instituted in Case #08-803, by virtue of this Board's Order of April 16, 2008, to an amount of $634.12, which is inclusive of administrative costs. Ms. Carroll seconded the motion that passed 5-1 (Mr. Foot dissenting). Case #08-2548 Location: Violation: South Florida Community Connection 1704 NE 4th Street CO CH 2.5 SEe.2.5-12+13 Excessive False Alarms Willie Webb, Senior Code Officer, presented the case and reviewed the details of the violation. Staff recommended 10 days, to October 25, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-2548, Mr. Karageorge moved that this Board find that South Florida Community Connection 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 25, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past October 25, 2008 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order 8 Meeting Minutes Code Enforcement Board Boynton Beach, Florida October 15, 2008 to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case #08-2485 Location: Violation: Fresnel & Lucienne Osirus 1640 NE 4th Court BBA FBC '04 105.1.1. Permit is required to enclose carport. Officer Cain presented the case and reviewed the details of the violation. Staff recommended 30 days, to November 14, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-2485, Mr. Himmelbaum moved that this Board find that Fresnel & Lucienne Osirus are in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondents correct the violation on or before November 14, 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 14, 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 #08-2528 Location: Violation: John R. and Cheryl McBride 802 Ocean Inlet Drive LDR 20 (3) R4101.17.1-3 Secure pool. Officer Cain presented the case and reviewed the details of the violations. A safety issued existed, as the pool had not been secured. Staff recommended 10 days to October 25, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-2528, Mr. Karageorge moved that this Board find that John R. and Cheryl McBride are in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondents correct the violation on or before October 25, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $250 per day for each day the violation continues past October 9 Meeting Minutes Code Enforcement Board Boynton Beach, Florida October 15,2008 25, 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 #08-2571 Location: Violations: B.J. and Jacqueline S. Fitzpatrick 1900 NW 2nd Court CO CH 15 SEe. 15-120(D) Inc CO CH10 SEe. 10-2 Remove all trash and debris from property. Mow overgrow yard. Repair holes in parking lot. Officer Cain presented the case and reviewed the details of the violations. Staff recommended 10 days, to October 25, 2008, for compliance. Officer Cain noted the holes in the parking lot were not a safety concern. Motion Based on the testimony and evidence presented in Case #08-2571, Mr. Himmelbaum moved that this Board find that BJ. and Jacqueline S. Fitzpatrick 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 October 25, 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 October 25, 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. It was noted, while Mr. Fitzpatrick had previously appeared before the Board on several occasions, the violations had not been recent or for the subject property. The motion passed unanimously. Case #08-2528 Location: Violations: Fremont Investment &. Loan 3315 S. Seacrest Blvd. CO CH 15 SEe. 15-120(D) 1 B LDR 20 (3) R4101.17.1-3 Repair or replace wood fence and install proper barrier to secure pool. 10 Meeting Minutes Code Enforcement Board Boynton Beach, Florida October 15, 2008 Officer Cain presented the case and reviewed the details of the violations. Staff recommended 10 days, to October 25, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-2528, Mr. Yerzy moved that this Board find that Fremont Investment & Loan 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 25, 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 October 25, 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 #08-2374 Location: Violation: Stephen &. Keri Salas 7 Crane Way CO CH10 SEe. 10-2 Mow, weed and trim property. John Herring, Code Officer, presented the case and reviewed the details of the violations. Staff recommended 10 days, to October 25, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-2374 , Mr. Yerzy moved that this Board find that Stephen & Keri Salas are in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondents correct the violation on or before October 25, 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 October 25, 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 #08-2432 Location: Violation: Guevara Raymond 50 Baytree Circle CO CH 15 SEe. 15-120(D) Inc Have all vehicles properly 11 Meeting Minutes Code Enforcement Board Boynton Beach, Florida October 15,2008 registered and in operating condition. Officer Herring presented the case and reviewed the details of the violations. Staff recommended 10 days, to October 25, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-2432 , Mr. Yerzy moved that this Board find that Guevara Raymond 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 25, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past October 25, 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- 2490 Location: Violations: Andre and Vanette Estinfort 416 NW ih Court CO CH10 SEe. 10-3 CO CH 15 SEe. 15-120(D) Inc BBA FBC '04 105.1.1. Remove non-permitted plywood, trees, limbs, storage shed (north side of property), all outdoor stored items, trash and debris. Skip Lewis, Senior Code Officer, presented the case and reviewed the details of the violations. Staff recommended 15 days, to October 30, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-2490, Mr. Yerzy moved that this Board find that Andre and Vanette Estinfort 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 October 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 violations continue past October 30, 2008 plus administrative costs shall be imposed. The Respondents are further 12 Meeting Minutes Code Enforcement Board Boynton Beach, Florida October 15, 2008 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 #08-2547 Location: Violations: Anna F. Power Est. 1806 SW 19th Avenue CO CH 15 SEe. 15-120(D) 1 Inc CO CH 15 SEe. 15-120(E) Inc LDR CH20 VIII SEe. G( 1) LDR CH20 VIII SEe. 2(A) Restore water service to residence to secure safe housing conditions. Remove outdoor stored tire and excessive containers. Repair garage door. Officer Lewis presented the case and reviewed the details of the violations. Staff recommended 10 days, to October 25, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-2547, Mr. Himmelbaum moved that this Board find that Anna F. Power Est. 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 25, 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 25, 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 #08-2657 Location: Violation: Viergela Fervil and Victor Joseph 628 SW 2nd Avenue CO CH13, SEC 13-16 Obtain Business Tax Receipt. Officer Lewis presented the case and reviewed the details of the violations. Staff recommended 15 days, to October 30, 2008, for compliance. 13 Meeting Minutes Code Enforcement Board Boynton Beach, Florida October 15, 2008 Motion Based on the testimony and evidence presented in Case #08-2657, Mr. Foot moved that this Board find that Viergela Fervil and Victor Joseph are in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondents correct the violation on or before October 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 October 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 #08-2709 Location: Violation: West Ocean Boulevard Trust 566 W. Ocean Avenue CO CH 15 SEe. 15-120(D) Inc Mow and trim overgrown vacant lot and remove all debris. Officer Lewis presented the case and reviewed the details of the violations. City staff was requesting the Board abate the nuisance for the costs to mow, trim and clean up the property. Motion Mr. Yerzy moved to abate. Ms. Carroll seconded the motion that carried unanimously. Mr. Blasie pointed out staff would prefer the Board provide a deadline for compliance. If compliance was not achieved, the Board would go forward with the nuisance abatement process. Mr. Karageorge noted the Respondent was a repeat offender, and it was suggested the Board provide 10 days for compliance with the issuance of a Cease and Desist Order. Attorney Tolces noted it was up to the City to take action with respect to abating a nuisance on the property. He suggested proceeding with an Order setting a time period, a higher fine for a repeat violator if that was the Board's desire, and if the nuisance was not abated within 10 days, the Board would direct the City Commission to abate the nuisance. Mr. Foot suggested a 10-day compliance period and a fine of $250 a day, and that the original motion be amended. Mr. Yerzy withdrew his motion. 14 Meeting Minutes Code Enforcement Board Boynton Beach, Florida October 15, 2008 Motion Based on the testimony and evidence presented in Case #08-2709, Mr. Foot moved that this Board find that West Ocean Boulevard Trust 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 25, 2008. Based upon evidence presented in this case, the Board finds a repeat violation of the Code Section as cited. Having also considered the gravity of the violation, the actions taken by the Respondent, the Board hereby orders that should the Respondent fail to comply with this order, a fine in the amount of $250 per day shall be imposed for each day the violation continues past October 25, 2008 plus Administrative Costs. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this order. If the nuisance has not been abated within 10 days, the Board hereby directs the City Commission to take action to abate the nuisance. Mr. Yerzy seconded the motion that unanimously passed. Case #08-2494 Location: Violation: Deutsche Bank National Trust 203 NE 11th Avenue CO CH 15 SEe. 15-120(D) Inc Mow grass and trim bushes. Pete Roy, Chief Code and Rehabilitation Officer, presented the case and reviewed the details of the violations. Staff recommended 10 days, to October 25, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-2494, Mr. Yerzy moved that this Board find that Deutsche Bank National Trust 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 25, 2008. Based upon evidence presented in this case, the Board finds a repeat violation of the Code Section as cited. Having also considered the gravity of the violation, the actions taken by the Respondent, the Board hereby orders that should the Respondent fail to comply with this order, a fine in the amount of $100 per day shall be imposed for each day the violation continues past October 25, 2008 plus Administrative Costs. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this order. Mr. Foot seconded the motion that passed unanimously. Case #08-1991 Location: Violations: Linda Giovinazza 3260 Orange Street CO CH 15 SEe. 15-120(E) Inc 15 Meeting Minutes Code Enforcement Board Boynton Beach, Florida October 15, 2008 CO CH 15 SEe. 15-120(D) Inc Paint exterior of house. Remove all debris from carport. Officer Pierre presented the case and reviewed the details of the violations. Staff recommended 30 days, to November 14, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-1991, Mr. Yerzy moved Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before November 14, 2008. Based upon evidence presented in this case, the Board finds a repeat violation of the Code Section as cited. Having also considered the gravity of the violation, the actions taken by the Respondent, the Board hereby orders that should the Respondent fail to comply with this order, a fine in the amount of $100 per day shall be imposed for each day the violation continues past November 14, 2008 plus Administrative Costs. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this order. Mr. Karageorge seconded the motion that passed 5-1 (Mr. Himme/baum dissenting). Case #08-2224 Location: Violation: Harbor Cay LLC 605 Lakeside Harbor CO CH10 SEe. 10-2 Easement requires filling any existing potholes to comply with City Code. Officer Pierre presented the case and reviewed the details of the violations. Staff recommended 30 days, to November 14, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-2224, Mr. Yerzy moved that this Board find that Harbor Cay 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 14, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $150 per day for each day the violation continues past November 14, 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- 16 Meeting Minutes Code Enforcement Board Boynton Beach, Florida October 15,2008 inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that unanimously passed. Case #08- 2509 Location: Violation: Christin Demesmin 10 Crossings Circle G CO CH 15 SEe. 15-120(0) Inc Repair water leak in Unit G. Repair water damage at Unit e. Officer Pierre presented the case and reviewed the details of the violations. Staff recommended 3G 10 days, to October 25, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-2509, Mr. Karageorge moved Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before November 11, October 25, 2008. Based upon evidence presented in this case, the Board finds a repeat violation of the Code Section as cited. Having also considered the gravity of the violation, the actions taken by the Respondent, the Board hereby orders that should the Respondent fail to comply with this order, a fine in the amount of $250 per day shall be imposed for each day the violation continues past November 14, 2008 plus Administrative Costs. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this order. Ms. Carroll seconded the motion that passed unanimously. Case #08-2598 Location: Violation: Mark G. and Irish H. Mordaunt 631 Las Palmas Parkway CO CH10 SEe. 10-2 Mow yard. Officer Pierre presented the case and reviewed the details of the violations. Staff recommended 30 days, to October 25, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-2598, Mr. Karageorge moved that this Board find that Mark G. and Irish H. Mordaunt are in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondents correct the violation on or before October 25, 2008. The Board has considered the 17 Meeting Minutes Code Enforcement Board Boynton Beach, Florida October 15, 2008 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 October 25, 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 #08-2673 Location: Violation: Wells Fargo Bank NA TR 174 S. Palm Drive CO CH 15 SEe. 15-120(D) Inc Keep property maintained at all times to comply with City Codes. Officer Pierre presented the case and reviewed the details of the violations. Staff recommended 30 days, to October 25, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-2673, Mr. Himmelbaum moved that this Board find that Wells Fargo Bank NA TR is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before October 25, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past October 25, 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 #08-1456 Location: Violations: James M. Clark 130 NW 5th Avenue 10-3 B.B.e. of Ord. CO CH15 SEC15-120(D) Inc. CO CH15-ART.IX-15-120(E) Inc. PT3-LDR.CH2 SEe.5.D.1. Remove oversized truck and bobcat from property. Remove all trash and debris including old trampoline and buckets. trim hedge on south side of 18 Meeting Minutes Code Enforcement Board Boynton Beach, Florida October 15, 2008 property down to four feet. Repair or remove broken fence. Officer Roy presented the case and reviewed the details of the violations. Staff recommended 10 days, to October 25, 2008, for compliance. Officer Roy reported the trampoline and oversized truck had been removed from the premises. Motion Based on the testimony and evidence presented in Case #08-1456, Mr. Yerzy moved that this Board find that James M. Clark 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 25, 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 25, 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 #08-2243 Location: Violation: Katrina L. Stewart 119 NW 3rd Avenue CO CH 15 SEe. 15-120(D) Inc Remove all inoperable and unregistered vehicles from property . Officer Roy presented the case and reviewed the details of the violations. Staff recommended 10 days, to October 25, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-2243, Mr. Himmelbaum moved that this Board find that Katrina L. Stewart 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 25, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past October 25, 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- 19 Meeting Minutes Code Enforcement Board Boynton Beach, Florida October 15, 2008 inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that unanimously passed. Case #08- 2245 Location: Violations: Carolyn E. Winter 406 NW 2nd Street CO CH 15 SEe. 15-120(D) Inc LDR CH 2 SEe. 4(E) Cut hedges to a height of 30 inches, 25 feet each direction from intersecting lines of right- of-way. Clear five feet around fire hydrant. Remove blue tarp and repair or replace roof. Officer Roy presented the case and reviewed the details of the violations. Staff recommended 30 days, to November 14, 2008, for compliance. It was noted the property was in foreclosure, and the hurricane season had not yet ended. It was questioned whether the property posed any security risk. Officer Roy pointed out while the roof needed to be replaced, it was not that bad and would not be blown off any faster than anyone else's roof. Motion Based on the testimony and evidence presented in Case #08-2245, Mr. Himmelbaum moved that this Board find that Carolyn E. Winter 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 30, 2008. Based upon evidence presented in this case, the Board finds a repeat violation of the Code Section as cited. Having also considered the gravity of the violation, the actions taken by the Respondent, the Board hereby orders that should the Respondent fail to comply with this order, a fine in the amount of $100 per day shall be imposed for each day the violation continues past October 30, 2008 plus Administrative Costs. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this order. Ms. Carroll seconded the motion. The question was raised as to whether the hydrant was accessible to the City's firefighters. Officer Roy replied in the affirmative. The motion passed unanimously. 20 Meeting Minutes Code Enforcement Board Boynton Beach, Florida October 15, 2008 Case #08-2414 Location: Violations: John J. and Stephanie Wiley 318 SW 14th Avenue CO CH 15 SEe. 15-120(D) Inc CO CH 15 SEe. 15-120(E) 1 LDR 20 (3) R4101.17.1-3 LDR CH20 VIII SEe. 2(A) LDR CH20 VIII SEe. 2(H) Secure pool. Unsanitary (green) pool exists. Replace screens on patio. Repair driveway. Mow and trim overgrowth. Officer Roy presented the case and reviewed the details of the violations. Staff recommended 10 days, October 25, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-2414, Mr. Foot moved that this Board find that John J. and Stephanie Wiley 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 October 25, 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 $250 per day for each day the violations continue past October 25, 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 passed 5-1 (Mr. Himme/baum disstenting). Case #08-2502 Location: Violation: Dan and Judit Janniksen 204 NW 1st Avenue CO CH 15 SEe. 15-120(D) Inc Mow and trim overgrowth on property . Officer Roy presented the case and reviewed the details of the violations. Staff recommended 10 days, October 25, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-2502, Mr. Yerzy moved that this Board find that Dan and Judit Janniksen are in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondents correct the 21 Meeting Minutes Code Enforcement Board Boynton Beach, Florida October 15, 2008 violation on or before October 25, 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 October 25, 2008 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Himmelbaum seconded the motion that unanimously passed. Case #08-2631 Location: Violation: Richard P. Parsons 458 SW 3rd Avenue CO CH 15 SEe. 15-120(D) 1 Inc Willie Webb, Senior Code Officer, presented the case and reviewed the details of the violations. Staff recommended 10 days, to October 25, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-2631, Mr. Himmelbaum moved that this Board find that Richard P. Parsons 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 25, 2008. Based upon evidence presented in this case, the Board finds a repeat violation of the Code Section as cited. Having also considered the gravity of the violation, the actions taken by the Respondent, the Board hereby orders that should the Respondent fail to comply with this order, a fine in the amount of $100 per day shall be imposed for each day the violation continues past October 25, 2008 plus Administrative Costs. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this order. Mr. Yerzy seconded the motion that unanimously passed. Case #08-2639 Location: Violations: Robert D. Richardson, Jr. 222 SSE 3rd Street LDR CH 2 SEC 4(E) CO CH13 Sec. 13-16 Trim bushes away from stop sign. Obtain Business Tax Receipt for rental of residence. Officer Webb presented the case and reviewed the details of the violations. Staff recommended 10 days, to October 25, 2008, for compliance. 22 Meeting Minutes Code Enforcement Board Boynton Beach, Florida October 15, 2008 Motion Based on the testimony and evidence presented in Case #08-2639, Mr. Karageorge moved that this Board find that Robert D. Richardson, Jr. is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before October 25, 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 25, 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. Officer Pierre recommended the following cases be certified at $50 per day: Case #08- 1817; Case #08-1940; Case #08-2085; Case #08-2092; Case #08-2119; Case #08- 2253; Case #08-1734; and Case #08-1772. Case #08-1817 Sandra Padilla 1619 NE 3rd St. Motion Based on the testimony and evidence presented in Case #08-1817, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated August 20, 2008, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $50 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Himmelbaum seconded the motion that unanimously passed. Case #08-1940 Robert J. Mumma 14 SE 28th Avenue Motion Based on the testimony and evidence presented in Case #08-1940, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated August 20, 2008, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $50 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Himmelbaum seconded the motion that unanimously passed. 23 Meeting Minutes Code Enforcement Board Boynton Beach, Florida October 15,2008 Case #08-2085 Jennifer and Patrick Fike 7026 Chesapeake Cir. Motion Based on the testimony and evidence presented in Case #08-2085, Mr. Foot moved that this Board find that the Respondents have not complied with this Board's Order dated August 20, 2008, and having considered the gravity of the violation, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $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. Himmelbaum seconded the motion that unanimously passed. Case #08-2092 Nicole-Maxim Joseph 151 Citrus Park Cir. Motion Based on the testimony and evidence presented in Case #08-2092, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated August 20, 2008, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $50 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Himmelbaum seconded the motion that unanimously passed. Case #08-2119 Joel and Rosalia Deyback 7124 Chesapeake Cir. Motion Based on the testimony and evidence presented in Case #08-2119, Mr. Foot moved that this Board find that the Respondents have not complied with this Board's Order dated September 17, 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. Himmelbaum seconded the motion that unanimously passed. Case #08-2253 Navon Wallace 45 S. Palm Drive Motion Based on the testimony and evidence presented in Case #08-2253, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated September 17, 2008, and having considered the gravity of the violations, the actions 24 Meeting Minutes Code Enforcement Board Boynton Beach, Florida October 15, 2008 taken by the Respondent, that this Board impose and certify a fine in the amount of $50 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Himmelbaum seconded the motion that unanimously passed. Case #08-1734 Marie F. Lane 418 NW 13th Ave. Motion Based on the testimony and evidence presented in Case #08-1734, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated September 17, 2008, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $50 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Himmelbaum seconded the motion that unanimously passed. Case #08-1772 Doramis and Paul Dorceus 720 S. Seacrest Blvd. Motion Based on the testimony and evidence presented in Case #08-1772, Mr. Foot moved that this Board find that the Respondents have not complied with this Board's Order dated August 20, 2008, and having considered the gravity of the violation, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $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. Himmelbaum seconded the motion that unanimously passed. Officer Pierre recommended the following cases be certified at $100 per day: Case #08-2090; Case #08-1870; and Case #08-2340. Case #08-2090 Qwest Financial Services LLC 1834 Edgewater Dr. Motion Based on the testimony and evidence presented in Case #08-2090, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated August 20, 2008, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Yerzy seconded the motion that unanimously passed. 25 Meeting Minutes Code Enforcement Board Boynton Beach, Florida October 15, 2008 Case #08-1870 Martha Tabares 805 SW 1st Avenue Motion Based on the testimony and evidence presented in Case #08-1870, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated August 20, 2008, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Yerzy seconded the motion that unanimously passed. Case #08- 2340 John W. Field, Jr. 311 Ocean Parkway Motion Based on the testimony and evidence presented in Case #08-2340, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated September 17, 2008, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Yerzy seconded the motion that unanimously passed. Officer Pierre recommended Case #08-1689 be certified at $150 per day. Case #08-1689 Sujery Castillo and Juan Vargas 440 NE 27th Avenue Motion Based on the testimony and evidence presented in Case #08-1689, Mr. Himmelbaum moved that this Board find that the Respondents have not complied with this Board's Order dated September 17, 2008, and having considered the gravity of the violations, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $150 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. Yerzy seconded the motion that unanimously passed. Officer Pierre recommended the following cases be certified at $200 per day: Case #08- 1914; and Case #08-2289. 26 Meeting Minutes Code Enforcement Board Boynton Beach, Florida October 15, 2008 Case #08-1914 John R. and Cheryl McBride 802 Ocean Inlet Dr. Motion Based on the testimony and evidence presented in Case #08-1914, Mr. Yerzy moved that this Board find that the Respondents have not complied with this Board's Order dated August 20, 2008, and having considered the gravity of the violations, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $200 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case #08-2289 Maudira and Zelima Delhomme 815 NW 6th Avenue Motion Based on the testimony and evidence presented in Case #08-2289, Mr. Yerzy moved that this Board find that the Respondents have not complied with this Board's Order dated September 17, 2008, and having considered the gravity of the violation, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $200 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Officer Pierre recommended the following cases be certified at $250 per day: Case #08- 2143; Case #08-977; Case #08-2083; and Case #08-1723. Case #08-2143 Mary and Lewana Logan 403 DE 11th Avenue Motion Based on the testimony and evidence presented in Case #08-2143, Mr. Yerzy moved that this Board find that the Respondents have not complied with this Board's Order dated September 17, 2008, and having considered the gravity of the violations, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $250 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. Himmelbaum seconded the motion that unanimously passed. Case #08-977 Thomas A. Agius 3350 Ocean Parkway 27 Meeting Minutes Code Enforcement Board Boynton Beach, Florida October 15, 2008 Motion Based on the testimony and evidence presented in Case #08-977, Mr. Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated May 21, 2008, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $250 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Himmelbaum seconded the motion that unanimously passed. Case #08- 2083 James D. Rodden 440 Ocean Parkway Motion Based on the testimony and evidence presented in Case #08-2083, Mr. Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated August 20, 2008, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $250 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Himmelbaum seconded the motion that unanimously passed. Case #08-1723 Peggy Hankerson 218 NW 11th Avenue Motion Based on the testimony and evidence presented in Case #08-1723, Mr. Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated August 20, 2008, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $250 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Himmelbaum seconded the motion that unanimously passed. Officer Pierre recommended the following cases be certified at $500 per day: Case #08- 1695; and Case #08-1851. Case #08-1695 Estate of Annewoods Love 126 SW 8th Avenue Motion Based on the testimony and evidence presented in Case #08-1695, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated 28 Meeting Minutes Code Enforcement Board Boynton Beach, Florida October 15, 2008 September 17, 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 $500 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case #08-1851 Norbey D. Tobon and Diana Garces 215 SW 1st Street Motion Based on the testimony and evidence presented in Case #08-1851, Mr. Foot moved that this Board find that the Respondents have not complied with this Board's Order dated September 17, 2008, and having considered the gravity of the violations, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $500 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Office Pierre recommended "No Fine" for the following cases: Case #08-1635; Case #08-1951; Case #08-1759; and Case #08-2183. Case #08-1635 Ernestine E. Bush 2190 NE 1st Lane Motion Based on testimony and evidence presented in Case #08-1635, Ms. Carroll moved that this Board find that the Respondent, Ernestine E. Bush, was in violation of the City of Boynton Beach Code sections as cited subsequent to the date of compliance specified in the Board's Order of August 20, 2008, and in consideration of the gravity of the violations and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent, that this Board impose and certify "No Fine." Mr. Yerzy seconded the motion that unanimously passed. Case #08-1951 Jonace Charite 1818 Banyan Creek Cir. N. Motion Based on testimony and evidence presented in Case #08-1951, Ms. Carroll moved that this Board find that the Respondent, Jonace Charite, was in violation of the City of Boynton Beach Code sections as cited subsequent to the date of compliance specified in the Board's Order of August 20, 2008, and in consideration of the gravity of the violations and the actions taken by the Respondent to remedy the violations and the 29 Meeting Minutes Code Enforcement Board Boynton Beach, Florida October 15, 2008 previous violations of the Respondent, that this Board impose and certify "No Fine." Mr. Yerzy seconded the motion that unanimously passed. Case #08-1759 Ina Thomas 233 NW 6th Avenue Motion Based on testimony and evidence presented in Case #08-1759, Ms. Carroll moved that this Board find that the Respondent, Ina Thomas, was in violation of the City of Boynton Beach Code sections as cited subsequent to the date of compliance specified in the Board's Order of August 20, 2008, and in consideration of the gravity of the violations and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent, that this Board impose and certify "No Fine." Mr. Yerzy seconded the motion that unanimously passed. Case #08-2183 Tangiers Development LLC 133 NW 10th Avenue Motion Based on testimony and evidence presented in Case #08-2183, Ms. Carroll moved that this Board find that the Respondent, Tangiers Development LLC 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 September 17, 2008, and in consideration of the gravity of the violations and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent, that this Board impose and certify "No Fine." Mr. Yerzy seconded the motion that unanimously passed. Officer Pierre recommended the following cases be tabled to November 19, 2008: Case #08-1319; Case #08-1826; and Case #08-353. Case #08-1319 John Van De Warker 135 SW 1st Avenue Motion Mr. Yerzy moved that Case #08-1319 be tabled until the Code Compliance Board meeting to be held on November 19, 2008. Mr. Himmelbaum seconded the motion that unanimously passed. Case #08-1826 Niva Simplice 1470 NW 3rd Street 30 Meeting Minutes Code Enforcement Board Boynton Beach, Florida October 15, 2008 Motion Mr. Yerzy moved that Case #08-1826 be tabled until the Code Compliance Board meeting to be held on November 19, 2008. Mr. Himmelbaum seconded the motion that unanimously passed. Case #08-353 Guerson and Beatrice Lorissaint 128 NE 11th Avenue Motion Mr. Yerzy moved that Case #08-353 be tabled until the Code Compliance Board meeting to be held on November 19, 2008. Mr. Himmelbaum seconded the motion that unanimously passed. VII. Adjournment Motion Mr. Karageorge moved to adjourn. Mr. Yerzy seconded the motion that passed unanimously. The meeting adjourned at 8:16 p.m. ~~ 0./ / Stephanie D. Kahn Recording Secretary 102408 31