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Minutes 11-19-08 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, NOVEMBER 19, 2008, AT 7:00 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Richard Yerzy, Vice Chair Kathleen Carroll Robert Foot Jamie LaTour Mark Karageorge Scott Blasie, Code Compliance Administrator David Tolces, Assistant City Attorney ABSENT: Canaan Himmelbaum I. Call to Order Chair Costantino called the meeting to order at 7:00 p.m. II. Approval of Agenda Mr. Foot added discussion of the City's enforcement of political signs at the end of the agenda. Pete Roy, Chief Code and Rehabilitation Officer, reported the following: Case #'s 07-3099,08-2443, 08-2358, 08-3112, 08-2574 and 08-2882 complied. Case # 08-2479 was closed. Case # 08-2837 was removed. Motion Mr. Foot moved approval of the agenda. Vice Chair Yerzy seconded the motion that unanimously passed. III. Approval of Minutes Chair Costantino noted there were corrections to the minutes included in the members meeting materials. 1 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 19, 2007 Motion Mr. Foot moved approval of the minutes with the corrections. Mr. Yerzy seconded the motion that unanimously passed. III. Swearing in of Witnesses and Introduction Attorney Tolces explained the hearing procedures and administered the oath to all who would be testifying. IV. New Business Officer Roy called the roll and determined who was present. Case #08-3201 Property Address: Violation(s): Donald L. Smith, Jr. 2622 NE 4th Ct. CO CH 15 SEC. 15-120(E) Inc Paint exterior of house. Courtney Cain, Code Officer, presented the case and reviewed the details of the violation. The case was a routine inspection which occurred on October 16, 2008. Notice was issued giving 30 days to correct the violation. Certified mail was sent and the return receipt signed on November 1, 2008. The Respondent was present. Donald L. Smith, Jr., 2622 4th Court, pled no contest and indicated he would be able to correct the violation after the holidays as finances were tight. Officer Cain distributed photos for the Board to review. Motion Based on the testimony and evidence presented in Case #08-3201, Mr. Yerzy moved that this Board find that Donald L. Smith, Jr., is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before January 18, 2009. 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 $25 per day for each day the violation continues past January 18, 2009, 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 #08-3206 Property Address: Antilde & Daudet Natalus 2616 NE 3rd Street 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 19, 2007 Violation(s): CO CH 15 SEC. 15-120(D) Inc CO CH13 SEC 13-16 Business Tax Receipt is required to rent residence. Courtney Cain, Code Officer, presented the case and reviewed the details of the violation. The initial inspection date was October 17, 2008. The initial notice was written giving 14 days to comply. The notice was posted at City Hall on November 5, 2008. The Respondent was not present. The recommendation was to allow 10 days to obtain compliance. Motion Based on the testimony and evidence presented in Case #08-3206, Mr. Foot moved that this Board find that Antilde & Daudet Natalus 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 29,2008. 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 29, 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 #08-2451 Property Address: Violation(s): William Hancock 1401 NW 7th Street BBA FBC '04 105.1.1. Obtain building permit for new window as noted in the red tag. Electrical panel correction also needed. Skip Lewis, Senior Code Compliance Officer, presented the case and reviewed the details of the violation. The Respondent was present. William Hancock, 1401 NW 7th Street, pled no contest and requested a few months to save the funds and obtain a contractor. Officer Lewis had no objection to extending the fine. Mr. Hancock explained he had tenants that did not pay him, which hurt him financially. Mr. Foot noted the big expense was already installed and incurred. The Respondent was looking for a contractor to get the permit. Officer Lewis noted the electrical panel was not part of the violation. When new windows were installed, storm shutters were required as well. 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 19,2007 Motion Based on the testimony and evidence presented in Case #08-2451, Mr. Yerzy moved that this Board find that William Hancock 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 January 18, 2009. 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 January 18, 2009 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 #08-2973 Property Address: Violation (s): G & R Bataille Family L TD Partners 2586 SW 10th Street. CO CH13, SEC 13-16 CO CH 15 SEC. 15-120(D) Inc Remove inoperable, unregistered vehicles from yard, remove trailer, remove debris from front and rear yard area. Obtain business tax receipt for rental residence. Vestiguerne Pierre, Senior Code Officer, announced all aspects of the case complied. Motion Mr. Yerzy moved to dismiss case #08-2973. Ms. Carroll seconded the motion that unanimously passed. Case #08-2646 Property Address: Violation(s): Dacilas Louis 145 SW 13th Avenue CO CH 15 SEC. 15-120(D) Inc CO CH 15 SEC. 15-120(E) Inc Repair or replace roof, remove outside storage of trash, debris and inoperable, unregistered vehicles. Willie Webb, Senior Code Compliance Officer, presented the case and reviewed the details of the violations. The case was a routine neighborhood inspection. The initial inspection occurred September 11, 2008 for violations of the Community Appearance Code. A written notice giving 30 days for compliance was issued. Certified mail was sent October 17, 2008 and was returned, signed on October 23, 2008. The 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 19, 2007 Respondent was not present. The recommendation was to allow 30 days to obtain compliance. Motion Based on the testimony and evidence presented in Case #08-2646, Ms. Carroll moved that this Board find that Dacilas Louis is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before December 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 December 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. Dacilas Louis, 145 SW 13th Avenue, pled not guilty. Officer Webb had photos taken the day before which he distributed to the Board. Chair Costantino inquired if the roof needed to be repaired and the outside had storage and trash. Mr. Louis advised he took care of the trash. There were still items remaining. He explained he could not afford to repair the roof. He contacted his insurance company which offered no assistance. He could not do anything about the house and he would have to let it go. The Recording Secretary restated the motion for the benefit of the Respondent. Mr. Foot suggested partitioning the motion due to the Respondent not being able to repair the roof within 10 days. He suggested a two-fold motion, first to address the other items, and the second motion to address the roof. Mr. Yerzy inquired whether Mr. Louis would walk away from the house. Mr. Louis responded that was correct. Mr. Foot withdrew his suggestion. Vote The motion carried unanimously. Case #08- 2910 Property Address: Violation(s): Daniel D. Dodge 659 Manor Drive CO CH 15 SEC. 15-120(0) 1 Inc CO CH 15 SEC. 15-120(E) Inc Mow and trim property. Remove loose trash, debris and outside storage of 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 19, 2007 items not being used, including inoperable and unlicensed vehicles. Repair exterior lighting. Officer Webb presented the case and reviewed the details of the violations. The case arose from a routine neighborhood inspection which occurred October 2, 2008. Written notice was issued giving 10 days to comply. Certified mail was sent October 16, 2008 and was returned unsigned. The property was posted on November 6, 2008. A representative was present. Daniel Hatfield, for Dan Dodge, was present and advised Mr. Dodge requested he appear on his behalf. Attorney Tolces advised the Board could listen to Mr. Hatfield and could decide whether they wanted to continue the case or not. There was an issue that the best thing to have would be a Power of Attorney authorizing Mr. Hatfield to speak on behalf of Mr. Dodge. Chair Costantino advised Mr. Hatfield would not be asked for a plea. Mr. Hatfield explained he was helping Mr. Dodge. The cars that were untagged were removed. The trailer in the back did not have a lose tire, rather, it had a tire lying against it and that vehicle was tagged. Mr. Dodge trimmed the trees. The lawnmower was in the shop and they weeded the property on the other side. Mr. Hatfield injured himself a few days ago and was unable to work on the house, but Mr. Dodge was working on the matter. Mr. Hatfield conveyed Mr. Dodge wanted to plead no contest and ask for more time. He was saving for paint to have the house painted and quite a bit of work was completed. Officer Webb had photographs he distributed to the Board and acknowledged the cars were removed and some bushes had been trimmed. Some of the items on the property had been on the property for a year, but Officer Webb also recognized the Respondent was working on the issue. Mr. Hatfield explained Mr. Dodge had items to throwaway which were not picked up and a neighbor had left a pile of wood with his. It was learned from the sanitation workers the items should be placed on the other side of the yard apart from the wood. Mr. Hatfield did so and the items were then removed. Officer Webb noted the exterior lighting was repaired and the violations were an ongoing problem. Mr. Hatfield thought even a month to get things done and remove the trash would be helpful. Officer Webb thought it may be more beneficial to get a 20 yard roll-off, fill it up and get rid of all the items at one time. 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 19, 2007 Motion Based on the testimony and evidence presented in Case #08-2910, Mr. Yerzy moved that this Board find that Daniel D. Dodge is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before January 18, 2009. 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 January 18, 2009, 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 #08-1611 Fresnel & Lucienne Osirus 1640 NE 4th Court Officer Cain reviewed the case and explained the notice of violation was issued June 4, 2008 for violations of the Community Appearance Code and needing a Business Tax Receipt. He reported all aspects of the case, with the exception of the Business Tax Receipt had complied. The Code Compliance Board Hearing was July 16, 2008 at which the Respondents were present. The date and fine established by the Board was July 31, 2008 or incur a fine of $50 per day. There were 110 days of non-compliance and the violation still existed. The Respondent was present. Lucienne Osirus, 290 Berenger Walk, West Palm Beach, was present. Ms. Osirus explained she applied for the Business Tax Receipt and had the payment receipt with her, but the Building Department would not issue the license to her until the other violations were corrected. Officer Cain explained when she purchased the home there was an illegal carport enclosure. To obtain the Business Tax Receipt, she needed a permit for the carport enclosure and she was in the process of obtaining that. Ms. Osirus' contractor was also present to provide an update on their progress if the Board wanted to hear it. Ms. Osirus advised they submitted the survey and the contractor was advised they now needed sealed architectural drawings. Ms. Osirus would have to incur additional costs for those drawings, after she paid for the survey. Ms. Osirus explained she had to pay taxes, and she needed a few months more to save the money. It was noted the house had a tenant in it. (Mr. Karageorge arrived at 7:40 p.rn.) There were no safety issues aside from the carport. The electrical issues originally sited had been corrected. 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 19, 2007 Motion Mr. Foot moved that Case #08-1611 be tabled until the Code Compliance Board meeting to be held on January 21, 2009. Ms. Carroll seconded the motion that unanimously passed. Mr. Karageorge apologized for his late arrival and appreciated the Board's patience and understanding. Case #08-2352 Nancy Joy Diamond 136 SE 24th Avenue Officer Guillaume reviewed the case and details of the violation which pertained to trash, debris and dense growth. The Code Compliance Hearing was September 17, 2008. The Respondent was not present. The compliance date and fine was set as September 27, 2008 or incur a $500 per day fine. The violation complied November 6, 2008. There were 39 days of non-compliance. Nancy Diamond, 207 SE 24th Avenue, explained she was not the owner of the property. She explained she lost the home to foreclosure and received notice from Palm Beach County that the home was purchased by the bank in early August. She had not lived on the premises for several months and she contacted Officer Guillaume about the matter. Attorney Tolces suggested continuing the case and the Legal Department would review the matter. The case may need to be dismissed because the lien was foreclosed, and with the property in compliance, the fine would stop running. If the lien was not part of the foreclosure suit, it would be up to the new owner to either file a re-foreclosure to foreclose the lien or pay the fine. He suggested continuing the case for 60 days. Motion Ms. Carroll moved to continue the case for 60 days, until January 21, 2009. Mr. Karageorge seconded the motion. Mr. Blasie advised the case complied. Ms. Diamond did not own the property and whether the property was foreclosed or not, there was no lien filed. He suggested imposing a fine of "no fine" instead. Motion Ms. Carroll made a new motion to dismiss Case #08-2352. Mr. Yerzy seconded the motion that unanimously passed. 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 19, 2007 Case #08-836 Gemini Boynton Beach 1 LLC 2290 N. Congress Ave. Officer Lewis reviewed the case and explained Mike Turzo and Christian Samone appeared at the Code Compliance Hearing on August 20, 2008, which pertained to landscape violations. There were 30 days of non-compliance. Chris Lemack, Gemini Real Estate Advisors, 16740 Birkdale Commons Parkway, Suite 301, Huntersville, North Carolina was present. Also present were Anthony Quinones, 930 Phoenix Way, Weston, Florida, and Dana McGloughlin, 5530 NW 40th Terrace, Coconut Creek. Mr. Lemack explained they had a meeting about the matter and explained there have been substantial changes on the property. One item that arose from the meeting was the original violation indicated they would need to comply with the most recent landscape plan that was approved. At the meeting; however, there were other items they were asked to do to bring the property up to current Code. The property was developed in 2001 and he advised they were looking at a substantial amount of additional work in order to comply with the current code. Kevin Hallahan, the City Forrester, was present at their meeting and the Respondents were asked to supply another plan but there were now several additional items needed. Mr. Foot requested legal confirmation if the Respondents had to bring the property up to current Code or if the matter was more of an issue than was originally written up. Attorney Tolces suggested contacting Mr. Hallahan. Officer Lewis clarified the Respondents were learning they had to correct the violations according to the plan, or submit another plan to mitigate the trees that were let go and changed. Mr. Hallahan approves those plans. He advised he had received calls from a tenant representing the owners, who were supposed to bring the property into compliance and who advised the owners were responsible for the corrections. Officer Lewis noted the matter was ongoing for some time. Attorney Tolces explained the Board does not get involved with lease issues. The Board looks to the owner of the property. To the extent better information was needed, he suggested Mr. Lemack meet with the Forrester. Mr. Lemack explained the relationship was a lease relationship and they were all working together to address the matter which was becoming a moving target, as was determining a date to complete the work. Mr. Quinones explained at the prior meeting with Mike Turzo representing LA Fitness, the items presented at the meeting were complied with about 95%. The outstanding items were the seal coating on the floor and providing the plans. Since the meeting, the concerns they had were during the four or five walkthroughs Mr. McGloughlin and Mr. Hallahan took, they incurred about 25% more work. He scheduled the walkthrough with 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 19, 2007 Mr. Hallahan two days ago and there were further changes. Some of the changes were where the discrepancy had arisen between him and Gemini. Officer Lewis explained the parties were now working together and getting on track. Hurricane season was over and the City could work with them. The original violation has not been completely addressed. Mr. Lemack asked if they obtained compliance with the original violation, which was to adhere to the approved plan on record, the correction could be made fairly shortly. The seal coating and striping will be complete by December 1, 2008. The site and exterior lighting would also be checked the next day. Mr. Karageorge noted the Respondent indicated the violation pertained to the original plan, but the Board meeting materials specified the most recently approved plan. The structure was built in 2001. He explained he viewed the property and many changes were made; however, there were some items still outstanding. He emphasized the plan to be used was the most recently approved plan, not the one approved in 2001. The Respondent explained they were using the as-built plan submitted with the permit. Many occurrences took place since the hurricane and they have had to change tree species, so the plans would not be per the plans from 2001 or the most recent plan. Motion Mr. Foot moved to table case #08-836 to January 21, 2009. Ms. Carroll seconded the motion that unanimously passed. Case #08-2389 Juan & Paulina B. Garcia 2317 NE 4th Street Officer Pierre presented the case and explained the notice of violation was issued August 15, 2008 for permit violations pertaining to a carport enclosure, and the patio and shower area. A Business Tax Receipt was also required. The Code Compliance Board Hearing was October 15, 2008, and Christopher Garcia appeared. The compliance date and fine set by the Board was to comply by October 25, 2008 or incur a fine of $50 per day. The violation still exists and there were 24 days of non- compliance. Christopher Garcia, 23 Thunderbird Drive, Lake Worth, was present and explained they called to make an appointment with Code Enforcement on October 16, 2008. A Code Officer made an inspection and he made the repairs the next day. He called repeatedly to contact Officer Pierre, who was not always available and left messages. He inquired if he would be fined since he made the repairs, but when he and Officer Pierre did meet, he was advised all violations were corrected but the locks on the interior doors had to be changed. Mr. Garcia corrected the violations, but the next day a letter was delivered. 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 19, 2007 Officer Pierre explained the Respondent had corrected the violations, but still needed a permit. The outstanding violation was the Business Tax Receipt and he advised the property had failed inspection two or three times. When he met with Mr. Garcia, he explained exactly what needed to be done to pass inspection. All rooms inside the home had to be accessible and there were locks on the doors and they could not enter. There were people living in the side of the home, which was a single-family home which was for one family. One family would let the Officer in, but the other family would not. It was Officer Pierre's suspicion the home was being used as a multi-family dwelling. Mr. Garcia explained there were no more locks on the doors, and the door are left open. He explained he made the change to doorknobs with no locks on them after Officer Pierre made his inspection. The last time the property was inspected was on October 29, 2008. Officer Pierre recommended the case be postponed so the Respondent could call for another inspection and they can close the case. Attorney Tolces explained the fine was running and they should have a Power of Attorney so the Board would know Mr. Garcia could speak on his parent's behalf. The fine was still running because compliance had not been obtained. He suggested scheduling a meeting with the Code Officer and the Respondents. Motion Mr. Yerzy moved to table the matter to the December 17, 2008 meeting. Mr. Foot seconded the motion that unanimously passed. Case #08-2509 Christin Demesmin 10 Crossings Circle G. Officer Pierre presented the case which pertained to repairing a water leak in Unit G and repairing water damage to Unit C. The Code Compliance Hearing was October 15, 2008 and no one appeared. The compliance date and fine set by the Board was October 25, 2008 or incur a fine of $250 per day. The violations still existed, having 24 days of non-compliance. Christin Demesmin, 10 Crossing Circle, Unit G, needed a permit and explained he was present at the first meeting and pled no contest. Ms. Carroll explained there were two cases. The first case was closed and then recited. Mr. Demesmin explained when he attended the hearing he was advised he had a few days to fix the violation, and it was addressed by the Homeowner's association. To his knowledge, the leak was not completely repaired. The woman living in the unit advised the leak was from the commode. Mr. Demesmin spent a few hundred dollars on two contractors to fix the leak, and then the association had someone from maintenance look at it, who cut a whole in the wall, could not find anything, and then repaired the wall. A few days ago, he received a letter indicating the problem was not fixed. He spoke with the owner who indicated the problem was not repaired. 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 19, 2007 Mr. Demesmin reported the property was facing foreclosure and he would like to fix it and keep the property if possible. Mr. Demesmin explained the unit was empty and for now, he was the owner. It was thought the problem had to do with a ring, but while that helped alleviate the problem, it did not eliminate it. Officer Pierre had photos he distributed to the Board and advised he had not been there since August. The last time there was discussion with the Respondent, he was told to contact the tenant who owned the other unit, but there was no response. Mr. Demesmin was not occupying the unit and it was thought the leak was fixed, but it was not. The other tenant vacated the unit and he could not get into it. Motion Based on the testimony and evidence presented in Case #08-2509, Mr. Karageorge moved that this Board find that the Respondent has not complied with this Board's Order dated October 15, 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. LaTour seconded the motion that unanimously passed. Scott Blasie, Code Compliance Administrator, explained the following lien reduction was actually three cases. He would present the information and the Board could act on the cases individually. Case #00-3421 Yves M. Hubert TR 725 N. Federal Highway Mr. Blasie explained the actions were against the property owner at the time the violations occurred, who no longer owned the property. Ms. Margaret Lumbo was present, who was the applicant. She and her family held the mortgage to the property. Mr. Hubert took out a mortgage with the Lumbos and the Lumbos initiated a foreclosure action against Hubert in 2002 or 2003. Mr. Hubert filed a series of bankruptcy pleadings which stayed the Lumbo's and City's actions. There were five liens on the property. One lien was for $250 which was a one time Cease and Desist violation. The other fine was certified for administrative costs of approximately $600. Ms. Lumbo paid those two fines. There were three remaining liens which were substantial. When the Lumbos obtained the property, the violations were cured. One reason for the delay was there were several items left on the property such as boats and trailers which required the Lumbos go through legal procedures to take possession of those items, which legally belonged to Mr. Hubert. 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 19,2007 The second case involved a permit. Mr. Hubert testified at a Code Hearing that he accidently drove a forklift into the building which created a perfect square that a door could be installed. The third case was an occupational license for boat repair, which Mr. Hubert never obtained because he could not pass inspection. The Lumbo family was powerless, other than their attempts to foreclose the property, and Mr. Hubert worked the bankruptcy filings, which dragged on for years. Mr. Blasie reported the property was in compliance with the Codes. Photographs were circulated among the Board members. The roll-off container was on the property because there was still work ongoing and a sale was pending. Ms. Lumbo provided information from her accountant to Mr. Blasie which detailed costs that were incurred during her efforts to obtain and bring the property into compliance. Case #00-3421 had a compliance date of May 14, 2001. The case was heard March 21, 2001. Mr. Hubert did not appear and compliance was documented on October 20, 2008. Mr. Foot inquired about the legal standing of the City's liens if the property was foreclosed. Mr. Blasie explained the City was not named in the foreclosure action. Ms. Lumbo had the option to go back and re-file, which would remove the liens, or the Board could hear the reduction request. Margaret Ann Lumbo, President of 725 N. Federal Highway, Inc., who was the current property owner, was present. Ms. Lumbo resides at 6545 Hillside Lane, Lantana. Attorney Tolces explained with respect to the City's liens, the property owner could re- file and reopen the foreclosure case and go through the process of having the judge enter an amended final judgment to provide for the foreclosure of any City liens that were subordinate to their mortgage. The value of the property, interest and attorney's fees, repairs and taxes were $229K to-date. When the property was foreclosed, Mr. Hubert owed the Lumbos $756K. There was no value in pursuing the property and Ms. Lumbo preferred not to go through any further legal proceedings. The City had no interest in acquiring the property. Motion Based on testimony and evidence presented in Case #00-3421, and having been advised that the Respondent has complied with all lien reduction procedures set forth in section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Yerzy moved that this Board reduce the fines instituted in Case #00-3421, by virtue of this Board's Order of March 21, 2001, to an amount of $634.12, including administrative costs. Ms. Carroll seconded the motion that unanimously passed. 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 19, 2007 Chair Costantino explained the Lumbos inherited an astronomical bill at the hands of the prior owners and suggested the fine be reduced to zero. Mr. Foot disagreed. Mr. Karageorge agreed with Mr. Foot, but acknowledged what the Lumbos endured. The taxes on the property were current and there was a benefit to the City. He felt $634.12 was fair for all three cases and that amount should be divided by three, or zero out two cases and keep the amount for the remaining case. Vote There was a vote on the motion which passed 5-1. (Mr. Foot dissenting.) Case #05-2198 Yves M. Hubert TR 725 N. Federal Highway Mr. Blasie presented the case cited September 16, 2005 regarding Building Code violations. The Board heard the case on September 21, 2005. Mr. Hubert and Dennis Tippins appeared. A compliance date and fine of October 21, 2005 or incurring a $250 per day find was ordered. Compliance was documented on October 22, 2008, which required a permit and inspections. Motion Based on testimony and evidence presented in Case #05-2198, and having been advised that the Respondent has complied with all lien reduction procedures set forth in section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Ms. Carroll moved that this Board reduce the fines instituted in Case #05-2198, by virtue of this Board's Order of September 21, 2005, to an amount of zero dollars which includes administrative costs. Mr. Karageorge seconded the motion. Mr. Foot did not see the need for such sympathy and felt the applicant took a risk with the property and would not suffer a major loss if the fine was imposed. Ms. Lumbo presented financial documentation detailing they spent $229K since 1997 and explained it was not just financial issues. It was heartache and emotions they dealt with every day. The cost of their New York attorneys and her brothers' and her personal time was not included. She explained they would essentially break even and with capital gains, they would probably have a loss. Chair Costantino called the question. Mr. Foot respectfully objected. Vote The motion passed 5-1 (Mr. Foot dissenting.) Case 06-1573 Yves M. Hubert TR 725 N. Federal Highway 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 19, 2007 Mr. Blasie presented the case which pertained to violations concerning a Business Tax Receipt. The Board heard the case on July 19, 2006, and Mr. Hubert appeared. A Cease and Desist Order in the amount of $250 per occurrence was entered. There were 13 documented occurrences totaling $3,250, plus the administrative costs Motion Based on testimony and evidence presented in Case #06-1573, and having been advised that the Respondent has complied with all lien reduction procedures set forth in section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Karageorge moved that this Board reduce the fines instituted in Case #06-1573, by virtue of this Board's Order of July 19, 2006, to an amount of zero dollars which includes administrative costs. Ms. Carroll seconded the motion. Mr. Foot requested discussion and explained the applicant spoke about the Capital Gains Tax. He noted many individuals would be paying the tax and the Board was overlooking the rewards the family was receiving for the risks and work they undertook. Attorney Tolces explained all it would take was another six months on the part of the applicant to file the paperwork with the Bankruptcy Court and the City could get zero; she did not even need to make the request. Vote A vote was held and the motion passed 5-1 (Mr. Foot dissenting.) Mr. Blasie explained the lien reduction appeal procedure to Ms. Lumbo. Case #96-4404 Nelson Quezada 3047 Grove Road Mr. Blasie presented the case which was originally cited August 20, 1996 for violations of the Community Appearance Code. The case was heard on November 20, 1996 and a compliance date and fine of December 17, 2006 or incur a fine of $25 per day was established. Compliance was documented on March 3, 1997. The accrued fine totaled $1,875, plus administrative costs. Mr. Blasie had photographs of the violations, including a photo taken earlier in the day. The Respondent had storage issues and had to obtain a permit to install a shed on the property. Nelson Quezada, 3047 Grove Road, was present, and spoke on behalf of his father. He explained he thought all was okay. Mr. Blasie had photographs he distributed to the Board. There was an unpermitted addition in the back that was removed. The property totally complied. 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 19, 2007 Motion Based on testimony and evidence presented in Case #96-4404, and having been advised that the Respondent has complied with all lien reduction procedures set forth in section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Yerzy moved that this Board reduce the fines instituted in Case #96-4404, by virtue of this Board's Order of November 20, 1996, to an amount of $730.15, including administrative costs. Ms. Carroll seconded the motion that unanimously passed. Case #08-1106 Vertiles St. Aime 312 SW 5th Lane Mr. Blasie presented the case and advised the violation date was April 10, 2008, for violations of the Community Appearance Code which came into compliance prior to the fine being incurred. The window installation without permits was the violation which caused the fines to run. The Board heard the case on May 21, 2008 and the Respondent was not present. A compliance date and fine was established of June 20, 2008 or incur a fine of $150 per day. Compliance was obtained on October 8, 2008. Mr. Blasie had photographs he distributed to the Board. Vertiles St. Aime, 312 SW 5th Lane, was present. Mr. Blasie explained the property was in good shape and the windows were in compliance. Motion Based on testimony and evidence presented in Case #08-1106, and having been advised that the Respondent has complied with all lien reduction procedures set forth in section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Karageorge moved that this Board reduce the fines instituted in Case #08-1106 by virtue of this Board's Order of May 21, 2008, to an amount of $634.12, including administrative costs. Mr. Foot seconded the motion that unanimously passed. Case #08-696 Maratha Medeus & Johnnie Grimes 240 NE 13th Avenue Mr. Blasie advised Case #08-696, the last lien reduction was tabled. The tax bill came due and the petitioner's son went to pay it with a personal check, instead of a cashiers check. The case needed to be tabled to the next meeting. Motion 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 19, 2007 Mr. Yerzy moved that Case #08-696 be tabled until the Code Compliance Board meeting to be held on December 17, 2008. Ms. Carroll seconded the motion that unanimously passed. The meeting recessed for a short break at 8:46 p.m. The meeting reconvened at 8:53 p.m. Case #08- 2685 Property Address: Violation(s): Linda Shelton & Nancy Morrow 1614 N. Seacrest Boulevard LDR CH20 VIII SEC. G(1), LDR CH20 VIII SEC. 2(A), LDR CH20 VIII SEC. 2(H), LDR CH 2 SEC. 5(D)(1), CO CH 15 SEC. 15-120(D) Inc, CO CH 15 SEC. 15-120(E) Inc Remove interior and exterior trash and debris, outside storage of unused articles. Remove illegal outside washer and dryer, replace broken windows and screens. Obtain permits and replace exterior doors and jambs. Have breaker boxes and all exposed wiring repaired by licensed electrician. Replace receptacle covers and remove extension cord. Repair holes in ceilings and walls. Repair any plumbing including toilet, have plumber hook up washer and dryer in washroom using proper drainage and dryer vent. Exterminate vermin. Permit required for window replacement. Officer Cain explained there were safety issues involved; the broken windows had jagged edges. Staff recommended 10 days be given to comply. The dwelling was occupied and it was noted the Respondent was a repeat violator. Motion Based on the testimony and evidence presented in Case #08-2685, Mr. Foot moved that this Board find that Linda Shelton & Nancy Morrow 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 29, 2008. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $500 per day for each day the violations continue past November 29, 2008 plus administrative costs shall be imposed. The Respondents are 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 19, 2007 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- 2479 Property Address: Violation(s): Rafael Lopez & Ana B. Galvez 168 SE 31st Avenue CO CH 15 SEC. 15-120(D) Inc CO CH13, SEC 13-16 Business Tax Receipt needed for rental property. Officer Guillaume presented the case and reviewed the details of the violations. Staff recommended 10 days be given for compliance. It was noted the property was in foreclosure. Motion Based on the testimony and evidence presented in Case #08-2479, Mr. Yerzy moved that this Board find that Rafael Lopez & Ana B. Galvez 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 29, 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 November 29, 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- 2823 Property Address: Violation(s): Fredrick Selby 124 SE 29th Avenue BBA FBC '04 105.1.1. Obtain permits for window installation, air conditioning, drywall, plumbing fixtures and new electrical panel. Red tagged. Officer Guillaume presented the case and reviewed the details of the violation. Staff recommended 10 days be given to comply. Motion 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 19, 2007 Based on the testimony and evidence presented in Case #08-2823, Mr. Karageorge moved that this Board find that Fredrick Selby is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before November 29, 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 November 29, 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 #08-2429 Property Address: Violation( s): Anita H. Waldman TR 18 Northwoods Lane CO CH10 SEC.10-2 Pool must be maintained in sanitary condition. John Herring, Code Officer presented the case and reviewed the details of the violation. Staff recommended 10 days be given to comply. Motion Based on the testimony and evidence presented in Case #08-2429, Mr. Yerzy moved that this Board find that Anita H. Waldman TR is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before November 29, 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 November 29, 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 #08-2519 Property Address: Violation(s): Jalene Edmond 306 NW 7th Court CO CH 15 SEC. 15-120(D) 1 Inc Mow and trim overgrown yard area. Remove trash and debris. Officer Lewis presented the case and reviewed the details of the violation. Staff recommended 10 days be given to comply. Motion 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 19, 2007 Based on the testimony and evidence presented in Case #08-2519, Mr. Yerzy moved that this Board find that Jalene Edmond 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 29, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past November 29, 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 #08-2822 Property Address: Violation(s): Donald C. Johnson 2304 SW 20th Way CO CH13, SEC 13-16 Business Tax Receipt required to rent residence. Officer Lewis presented the case and reviewed the details of the violation. Staff recommended 15 days be given to comply Motion Based on the testimony and evidence presented in Case #08-2822, Mr. Karageorge moved that this Board find that Donald C. Johnson 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 December 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 $100 per day for each day the violation continues past December 4, 2008, 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 #08-2978 Property Address: Violation(s): Jason Robinson 430 NW 6th Avenue CO CH 15 SEC. 15-120(D) 1 Inc Remove outside storage. Mow grass and weeds. Officer Melillo presented the case and reviewed the details of the violation. Staff recommended 10 days be given to comply. Motion 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 19, 2007 Based on the testimony and evidence presented in Case #08-2978, Mr. Yerzy moved that this Board find that Jason Robinson 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 29, 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 $200 per day for each day the violation continues past November 29, 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 #08-3098 Property Address: Violation(s): Deutsche Bank National Trust 510 NW 11th Avenue CO CH 15 SEC. 15-120(D) Inc LDR CH20 VIII SEC. G(1) LDR CH20 VIII SEC. 2(A) Secure property to prohibit entry by the public. Mow overgrowth and remove trash and debris. Officer Melillo presented the case and reviewed the details of the violations. Staff recommended 10 days be given to comply. Motion Based on the testimony and evidence presented in Case #08-3098, Mr. Yerzy moved that this Board find that Deutsche Bank National Trust is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before November 29, 2008. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $500 per day for each day the violations continue past November 29, 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 #08-2705 Property Address: Violation( s): Rosena Aldajuste 126 S. Atlantic Drive CO CH 15 SEC. 15-120(D) Inc Remove debris from driveway including unregistered and inoperable vehicles. Officer Pierre presented the case and reviewed the details of the violation. Staff recommended 10 days be given to comply. 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 19, 2007 Motion Based on the testimony and evidence presented in Case #08-2705, Mr. Yerzy moved that this Board find that Rosena Aldajuste 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 29, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past November 29, 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 #08-2816 Property Address: Violation(s): Jeremy Dysch & Kristine Flynn 418 NW 11th Avenue CO CH10 SEC.10-2 Remove holly in rear of property Pete Roy, Chief Rehabilitation Officer, presented the case and reviewed the details of the violation. Staff recommended 10 days be given to comply. Motion Based on the testimony and evidence presented in Case #08-2816, Mr. Yerzy moved that this Board find that Jeremy Dysch & Kristine Flynn 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 29, 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 29, 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. The motion died for lack of a second. Motion Based on the testimony and evidence presented in Case #08-2816, Mr. Foot moved that this Board find that Jeremy Oysch & Kristine Flynn 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 29, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 19,2007 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 29, 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 #08-2867 Property Address: Violation(s): Maurice and Lydia Labbe 102 SW 7th Avenue LDF CH 2 SEC 4(E) Cut hedges to a height of 30 inches 25 feet each way from corner to eliminate visual obstruction. Remainder of hedge can remain at four feet. Officer Roy presented the case and reviewed the details of the violation. Staff recommended 10 days be given to comply. Motion Based on the testimony and evidence presented in Case #08-2867, Mr. Yerzy moved that this Board find that Maurice and Lydia Labbe 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 29,2008. 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 29, 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 #08-2988 Property Address: Violation(s): Zambelia Allen 206 SW 3rd Street LDR CH2 SEC 5(D) (1) CO CH 15 SEC. 15-120(D) Inc Remove outside storage. Mow and trim overgrowth. Officer Roy presented the case and reviewed the details of the violation. Staff recommended 10 days be given to comply. Motion 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 19, 2007 Based on the testimony and evidence presented in Case #08-2988, Mr. Yerzy moved that this Board find that Zambelia Allen is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before November 29, 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 November 29, 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 #08-3049 Property Address: Violation(s): Mary & Darryll Barrett-Green 645 SW 2nd Avenue CO CH 15 SEC. 15-120(D) Inc Mow and trim lot per Code. Officer Roy presented the case and reviewed the details of the violation. Staff recommended 10 days be given to comply. Motion Based on the testimony and evidence presented in Case #08-3049, Mr. Karageorge moved that this Board find that Mary & Darryll Barrett-Green 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 29, 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 29, 2008 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaTour seconded the motion that unanimously passed. Case #08-3070 Property Address: Violation(s): Maxo and Marie Desire 732 W. Ocean Avenue CO CH 15 SEC. 15-120(D) Inc CO CH 15 SEC. 15-120(E) Inc CO CH13, SEC 13-16 Mow and trim overgrowth. Repair fence. Business Tax Receipt needed to rent residence. Officer Roy presented the case and reviewed the details of the violation. Staff recommended 10 days be given to comply. 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 19, 2007 Motion Based on the testimony and evidence presented in Case #08-3070, Mr. Karageorge moved that this Board find that Maxo and Marie Desire 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 29, 2008. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past November 29, 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 #08-2727 Property Address: Violation(s): Helen K. Tullos 118 NW 4th Street CO CH 15 SEC. 15-120(A) Property owner shall not permit growth of trees into the streets or sidewalks. Lift tree limbs 10 feet above sidewalk and street. Tree is located on the corner of NW 1st Ave and NW 4th Street. Officer Webb presented the case and reviewed the details of the violation. Staff recommended 10 days be given to comply. Motion Based on the testimony and evidence presented in Case #08-2727, Mr. Karageroge moved that this Board find that Helen K. Tullos 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 29,2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past November 29, 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 #08-2728 Property Address: Violation(s): Ferrare Dhaiti 136 SW 6th Avenue CO CH 15 SEC. 15-120(0) 11nc 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 19, 2007 Yard must be mowed, trimmed and free from trash and debris. Officer Webb presented the case and reviewed the details of the violation. Staff recommended 10 days be given to comply. Motion Based on the testimony and evidence presented in Case #08-2728, Mr. Yerzy moved that this Board find that Ferrare Dhaiti 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 29, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past November 29, 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. Karageroge seconded the motion that unanimously passed. Case #08-2756 Property Address: Violation(s): Jonis Elusme & Marie Auguste 404 W Ocean Avenue CO CH 15 SEC. 15-120(D) 1 Inc LDR CH 20 SEC (E)(15) CO CH 13 SEC. 13-16 Remove outside storage of items not being used. Install four inch house numbers on building. Remove inoperable and unlicensed vehicles. Business Tax Receipt required to rent residence. Officer Webb presented the case and reviewed the details of the violations. Staff recommended 10 days be given to comply. Motion Based on the testimony and evidence presented in Case #08-2756, Mr. Karageorge moved that this Board find that Jonis Elusme & Marie Auguste 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 29, 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 November 29, 2008 plus administrative costs shall be imposed. The Respondents 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 19, 2007 are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that unanimously passed. Case #08-2798 Property Address: Violation(s): Jeffrey S. Cozzi 2219 SE 3rd Street CO CH 15 SEC. 15-120(D) 1 Inc LDR CH20 VIII SEC. G(1) Property must be mowed and free of trash and debris. Secure the building. Officer Webb presented the case and reviewed the details of the violation. Staff recommended 10 days be given to comply. Motion Based on the testimony and evidence presented in Case #08-2798, Mr. Yerzy moved that this Board find that Jeffrey S. Cozzi is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before November 29, 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 November 29, 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 #08-3019 Property Address: Violation(s): Willian Ganoe 320 NE 13th Avenue CO CH 15 SEC. 15-120(D) 1 Inc Rental property must be mowed, trimmed and free of trash and debris. Officer Webb presented the case and reviewed the details of the violation. Staff recommended 10 days be given to comply. Motion Based on the testimony and evidence presented in Case #08-3019, Mr. Karageorge moved that this Board find that Willian Ganoe 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 29, 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 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 19, 2007 amount of $100 per day for each day the violation continues past November 29, 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. The members noted the Respondent was a repeat violator. Vote Mr. Karageorge amended his motion to $250 per day. Mr. LaTour agreed to the amendment. A vote was taken and the motion unanimously passed. Case #08-3061 Property Address: Violation(s): Nizer & Susan Uri 103 E. Boynton Beach Boulevard CO CH 15 SEC. 15-120(D) 1 Inc CO CH 15 SEC. 15-120(E) 1 Inc Remove trash and debris from rear of building. Paint rear of building to remove stain. Officer Webb presented the case and reviewed the details of the violations. Staff recommended 15 days be given to comply. Motion Based on the testimony and evidence presented in Case #08-3061, Mr. Yerzy moved that this Board find that Nizer & Susan Uri are in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondents correct the violations on or before December 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 $200 per day for each day the violation continues past December 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 that unanimously passed. Case #08-3062 Property Address: Violation(s): Watts Family Recovery Trust 807 NE 2nd Court CO CH 15 SEC. 15-120(D) 1 Inc Property must be kept mowed, trimmed and free of trash and debris. 28 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 19, 2007 Officer Webb presented the case and reviewed the details of the violation. Staff recommended 10 days be given to comply. Motion Based on the testimony and evidence presented in Case #08-3062, Mr. Yerzy moved that this Board find that Watts Family Recovery 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 November 29, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past November 29, 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 #08-2789 Property Address: Violation(s): Bruce N. Ostroy 1258 Via De Fossi CO. CH2.5 SEC 2.5-12+13 Excessive False Alarms and service fees. Officer Herring presented the case and reviewed the details of the violation. Staff recommended 10 days be given to comply. Motion Based on the testimony and evidence presented in Case #08-2789, Mr. Yerzy moved that this Board find that Bruce N. Ostroy 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 29, 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 $25 per day for each day the violation continues past November 29, 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. Officer Roy recommended the following cases be certified at $50 per day: 29 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 19, 2007 Case #08-2202 Fredrick Selby 124 SE 29th Avenue Motion Based on the testimony and evidence presented in Case #08-2202, 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. Yerzy seconded the motion that unanimously passed. Case #08-2374 Stephen and Keri Salas 7 Crane Way Motion Based on the testimony and evidence presented in Case #08-2374, Mr. Foot moved that this Board find that the Respondents have not complied with this Board's Order dated October 15, 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. Yerzy seconded the motion that unanimously passed. Case #08-2547 Anna F. Power Est 1806 SW 19th Avenue Motion Based on the testimony and evidence presented in Case #08-2547, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated October 15, 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 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 #08-2243 Katarina Stewart 119 NW 3rd Avenue Motion Based on the testimony and evidence presented in Case #08-2243, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated October 15, 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 30 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 19, 2007 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 #08-2548 South Florida Community Connection 1708 NE 4th Street Motion Based on the testimony and evidence presented in Case #08-2548, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated October 15, 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. Yerzy seconded the motion that unanimously passed. Officer Roy recommended the following cases be certified at $100 per day: Case #08-1926 Jeffrey S & Linda A. Cozzi 2100 N. Seacrest Boulevard Motion Based on the testimony and evidence presented in Case #08-1926, 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 $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 #08-2157 H. B. Easton 112 Commerce Road Motion Based on the testimony and evidence presented in Case #08-2157, Mr. Yerzy moved that this Board find that the Respondent had 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. Ms. Carroll seconded the motion that unanimously passed. Case #08-2494 Deutsche Bank National Trust 203 NE 11th Avenue 31 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 19, 2007 Motion Based on the testimony and evidence presented in Case #08-2494, Mr. Yerzy moved that this Board find that the Respondent had not complied with this Board's Order dated October 15, 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. Ms. Carroll seconded the motion that unanimously passed Case #08-2631 Richard P. Parsons 458 SW 3rd Avenue Motion Based on the testimony and evidence presented in Case #08-2631, Mr. Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated October 15, 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. Ms. Carroll seconded the motion that unanimously passed. Officer Roy recommended the following cases be certified at $150 per day: Case #08-1864 Gloria Washam 124 Arthur Court Motion Based on the testimony and evidence presented in Case #08-1864, 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 $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. Officer Roy recommended the following cases be certified at $250 per day: Case #08-2506 John and Cheryl McBride 802 Ocean Inlet Drive Motion Based on the testimony and evidence presented in Case #08-2506, Mr. Yerzy moved that this Board find that the Respondents have not complied with this Board's Order dated October 15, 2008, and having considered the gravity of the violation, the actions 32 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 19, 2007 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. Ms. Carroll seconded the motion that unanimously passed. Case #08-2528 Freemont Investment and Loan 3315 S. Seacrest Boulevard Motion Based on the testimony and evidence presented in Case #08-2528, Mr. Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated October 15, 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. Ms. Carroll seconded the motion that unanimously passed. Case #08-2709 West Ocean Boulevard Trust 566 W. Ocean Avenue Motion Based on the testimony and evidence presented in Case #08-2709, Mr. Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated October 15, 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. Ms. Carroll seconded the motion that unanimously passed. Case #08-2414 John J. and Stephanie Wiley 318 SW 14th Avenue Motion Based on the testimony and evidence presented in Case #08-2414, Mr. Yerzy moved that this Board find that the Respondents have not complied with this Board's Order dated October 15, 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. Ms. Carroll seconded the motion that unanimously passed. Officer Roy recommended the following cases be certified at $500 per day: Case #08-1950 Wells Fargo Bank National Association 228 SE 26th Avenue 33 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 19, 2007 Motion Based on the testimony and evidence presented in Case #08-1950, 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 taken by the Respondent, that this Board impose and certify a fine in the amount of $500 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Yerzy seconded the motion that unanimously passed. Case #08-2383 Harrison C. Kutun 710 SW 25th Place Motion Based on the testimony and evidence presented in Case #08-2383, 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 taken by the Respondent, that this Board impose and certify a fine in the amount of $500 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Yerzy seconded the motion that unanimously passed. Officer Roy recommended the following cases be certified at $1,000 per day: Case #08-2346 (sic) Case #08-2349 Mark F. Wells 3622 SE 1 st Street Motion Based on the testimony and evidence presented in Case #08-2346, Mr. Yerzy 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 $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. Officer Roy advised the following cases complied and recommended "no fine" be assessed: Case #08-1826 Niva Simplice 1470 NW 3rd Street Motion 34 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 19, 2007 Based on testimony and evidence presented in Case #08-1826, Mr. Yerzy moved that this Board find that the Respondent, Niva Simplice, 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." Ms. Carroll seconded the motion that unanimously passed. Case #08-353 Guerson and Beatrice Lorissaint 128 NE 11th Avenue Motion Based on testimony and evidence presented in Case #08-353, Mr. Yerzy moved that this Board find that the Respondent, Guerson and Beatrice Lorissaint, was in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Order of June 18, 2008, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify "No Fine." Ms. Carroll seconded the motion that unanimously passed. Case #08-1927 u.s. Bank National Association 305 NW 23rd Avenue Motion Based on testimony and evidence presented in Case #08-1927, Mr. Yerzy moved that this Board find that the Respondent, U.S. Bank National Association, 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." Ms. Carroll seconded the motion that unanimously passed. Case #08-1983 David J. Hooper 3120 Ocean Parkway Motion Based on testimony and evidence presented in Case #08-1983, Mr. Yerzy moved that this Board find that the Respondent, David J. Hooper, 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." Ms. Carroll seconded the motion that unanimously passed. Case #08-2502 Dan and Judit Janniksen 204 NW 1st Avenue 35 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 19, 2007 Motion Based on testimony and evidence presented in Case #08-2502, Mr. Yerzy moved that this Board find that the Respondent, Dan and Judit Janniksen, were in violation of the City of Boynton Beach Code sections as cited subsequent to the date of compliance specified in the Board's Order of October 15, 2008, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violations and Ms. Carroll seconded the motion that unanimously passed. Case #08-2639 Robert D. Richardson Jr. 222 SE 3rd Street Motion Based on testimony and evidence presented in Case #08-2639, Mr. Yerzy moved that this Board find that the Respondent, Robert D. Richardson Jr., was in violation of the City of Boynton Beach Code sections as cited subsequent to the date of compliance specified in the Board's Order of October 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. Officer Roy recommended the following cases be tabled to the December 17, 2008 meeting: 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 December 17, 2008. Mr. Karageorge seconded the motion that unanimously passed. Case #08-2129 Patrick Glover 2050 NE 1st Lane Motion Mr. Yerzy moved that Case #08-2129 be tabled until the Code Compliance Board meeting to be held on December 17, 2008. Mr. Karageorge seconded the motion that unanimously passed. Mr. Blasie explained at the November 18, 2008 City Commission meeting, Mr. Hauck appealed his lien reduction the Board heard two months earlier. Mr. Hauck had replaced a roof and rehabilitated a home on NE 5th Avenue. Mr. Blasie was prepared to make a presentation if needed, to the City Commission. The City Commission appeared to 36 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 19, 2007 move to uphold the Board's decision on the lien reduction, however, after Mr. Hauck spoke, the City Commission reduced the amount to administrative costs. Chair Costantino spoke at the meeting and reported the Commissioners wrestled with the same issues the Board contemplated, such as the property was rehabilitated; however, the home was in poor condition for some time. Mr. Hauck was advised reductions should not be expected in the future as they are heard on a case-by-case basis. No policy was established regarding investors who acquire distressed properties or those that are in foreclosure. Mr. Karageorge explained Mr. Hauck had indicated that other properties had liens reduced. Mr. Karageorge did not agree with the decision but was comfortable with the Mayor's comments the requests are heard on a case-by-case basis. Chair Costantino advised the City Commission, as it pertained to the foreclosure issues, that the Board hears cases involving banks. The Board is held hostage by the banks as far as certifying fines and liens. She explained the Commissioners appeared to be surprised that those issues were occurring. Chair Costantino announced the City Commission gave no direction and dialogue with them was needed, particularly regarding foreclosure issues. On a different subject, Mr. Foot discussed campaign signs on the corner of Woolbright and U.S. 1. on the Wachovia property. He explained his impression is there is a triangle of property on each major intersection corner that is public property. While Code Enforcement removed some signs, they left signs for Jeff Atwater up for a full week after the election. He acknowledged some action may have been taken on some of the signs. but the Jeff Atwater sign, which was eight-feet long, remained. He inquired if there was any political motive on the part of the City to allow the sign to remain and advised the sign was likely placed improperly. Mr. Blasie explained the issue involves a lot of work and they do the best they can. He pointed out if one of the staff gets hurt taking down a political sign, the City is liable. Code officers have not been trained to remove signs, nor have they been provided with the equipment to do so. There have been issues with even the small signs over the years being removed. As an example, there was a small sign that flew out of the back of a truck and hit the car behind the truck, thereby driving off the road. There was another instance when they removed a sign from the side of the road, and wound up in the road. Mr. Blaisie explained they were cognizant of visual obstructions, particularly at intersections, especially at intersections that do not have lights. Mr. Blasie acknowledged the Atwater sign was large, but if it was on private property, they do not pursue it, provided it does not cause a safety issue. Mr. Foot explained the sign was on public property. 37 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 19, 2007 Further discussion took place regarding whose responsibility it was to remove the signs. Mr. Blasie explained they will remove the rest. They remove approximately a pickup truck worth of signs a week and he apologized for the sign. Chair Constantino wished all a Happy Thanksgiving. Adjournment Motion Mr. Yerzy moved to adjourn. Mr. Foot seconded the motion that unanimously passed. The meeting adjourned at 9:24 p.m. CI, LLtMLtt ~t Cli/l/\Lf Catherine Cherry 0 Recording Secretary 11/20/08 38