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Minutes 12-17-08 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, DECEMBER 17, 2008, A7 7:00 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Michelle Costantino, Chair Scott Blasie, Code Compliance Administrator Richard Yerzy, Vice Chair David Tolces, Assistant City Attorney Robert Foot (arrived 8:33 p.m.) Canaan Himmelbaum Jamie LaTour ABSENT: Kathleen Carroll Mark Karageorge I. Call to Order Chair Costantino called the meeting to order at 7:00 p.m. II. Approval of Agenda Mike Mellilo, Senior Code Officer, reported the following: The following cases complied: #08-2904 and #08-3605. The following cases were removed: #08-3013, #08-3017, #08-3036, #08-3043, #08- 3044, #08-3157 and #08-3197. Motion Mr. Himmelbaum moved approval of the agenda. Mr. Yerzy seconded the motion that passed unanimously. III. Approval of Minutes The minutes of the previous meeting would be addressed at the next Code Compliance Board meeting to be held on January 16, 2009. 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. 1 Meeting Minutes December 17, 2008 Boynton Beach, Florida December 17, 2008 Officer Melillo called the roll and determined who was present. Case #08-3614 1865 Woolbright Road LLC Location: 1865 Woolbright Road Violation: BBA FBC ’04 105.1.1 Secure all permits required by the Building Department as noted on red tag dated July 4, 2008. Pete Roy, Chief Code and Rehabilitation Officer, presented the case and reviewed the details of the violation. The initial inspection date was November 11, 2008. The initial notice was sent via certified mail on December 2, 2008, and the green card was signed December 4, 2008. Individual service was effectuated on December 5, 2008. Ten days had been given to comply. The Respondent was present. Joel Terrazas, 114 Price Street, Lake Worth, contractor, and Gustave Parra, 110 Nottingham Place, current owner of the business, pled not guilty. They intended to resolve the matter and were in the process of determining whether the previous owners pulled permits on the unit. Officer Roy explained the case involved a red tag issued by the Building Department. Mr. Patrick was the inspector. Officer Roy pointed out permits were required for commercial work, the washer and dryer, re-located electric and plumbing, and structural, mechanical and electric work in the equipment room. Mr. Parra purchased the business on April 3, 2008, in “as-is” condition. Mr. Terrazas, of Terrazas Construction, was in the process of obtaining a permit and was awaiting paperwork from the Building Department. Motion Based on the testimony and evidence presented in Case #08-3614, Mr. Himmelbaum moved that this Board find that 1865 Woolbright Road 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 January 16, 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 $100 per day for each day the violation continues past January 16, 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. Yerzy seconded the motion that passed unanimously. 2 Meeting Minutes December 17, 2008 Boynton Beach, Florida December 17, 2008 Case #08-3488 Glenn and Dorothy Lyons th Location: 215 NW 8 Avenue Violation: CO CH15 Sec. 15-120(D) Inc Remove unregistered truck and cement mixer. Officer Melillo presented the case and reviewed the details of the violation. The Respondents had been given 10 days to comply and were present. th Pastor G. Lyons, 215 NW 8 Avenue, pled not guilty, and contended the truck was registered. Officer Melillo explained the truck was stored outside. He provided photographs for the Board’s review. Pastor Lyons explained he was unemployed, and the truck and cement mixer were stored outside. He would be employed shortly and the truck and cement mixer would be removed. The truck was parked in a high vegetation area which he cleared himself, at a cost of approximately $12,000. He indicated the truck and cement mixer would be relocated to his job site in 30 days and would be given away or sold. He understood he was not in compliance, and the truck was a nuisance to the neighbors. Motion Based on the testimony and evidence presented in Case #08-3488, Mr. Yerzy moved that this Board find that Glenn and Dorothy Lyons 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 January 16, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $150 per day for each day the violation continues past January 16, 2009 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 #08-2773 Gregory L. White th Location: 152 NW 14 Avenue Violations: CO CH 15 SEC. 15-120(D) Inc CO CH 15 SEC. 15-120(E) Inc Paint house, remove boards from window; repair mailbox and driveway apron. 3 Meeting Minutes December 17, 2008 Boynton Beach, Florida December 17, 2008 Vestiguerne Pierre, Senior Code Officer, presented the case and reviewed the details of the violations. Greg White, 115 NW 14th Avenue, pled no contest. He was uncertain how long it would take him to cure the violations as he was currently unemployed. Officer Pierre provided photographs for the Board's review, and advised the windows were broken and the trash had not been removed. Motion Based on the testimony and evidence presented in Case #08-2773, Mr. Verry moved that this Board find that Gregory L. White is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before February 15, 2008 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 violation continues past February 15, 2008 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Himmelbaum seconded the motion that unanimously passed. Case #08- 2389 Juan and Paulina B. Garcia 2317 NE 4th Street Officer Pierre reviewed the case and the details of the violations pertaining to a permit required for the carport enclosure, patio area and shower, as well as a Business Tax Receipt. The Notice of Violation date was August 15, 2008. The Code Compliance hearing date was October 15, 2008 and Christopher Garcia had appeared. The compliance date and proposed fine set by the Board was October 25, 2008, or $50 per day. The violations still existed, with 52 days of non-compliance. Christopher Garcia, 5423 Thunderbird Drive, son of the Respondents, advised the Respondents were aware he would be appearing on their behalf. His father, Juan Garcia, was present, but did not speak English. The Respondents had been attempting to fix the garage, which had been returned to its original use. The Respondents moved back into the residence and would not be renting it. Officer Pierre presented photographs for the Board's review, and explained safety hazards existed and a good amount of work was necessary to bring the property into compliance. 4 Meeting Minutes December 17, 2008 Boynton Beach, Florida December 17, 2008 Motion Based on the testimony and evidence presented in Case #08-2389, Mr. Himmelbaum 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. LaTour seconded the motion that unanimously passed. Case #08-2685 Linda Shelton and 1614 N. Seacrest Blvd. Nancy Morrow Courtney Cain, Code Officer, presented the case and the details of the violations which required the following: Removal of interior trash and debris and outside storage of unused articles, illegal outside washer and dryer; repair or replace broken windows and screens and obtain permit; repair soffit and soffit screens; obtain permits and replace all exterior doors and jambs; have licensed electrician repair breaker boxes and exposed wiring; replace receptacle covers; remove all extension cords; repair holes in ceiling and walls; repair plumbing including toilet; have plumber hook up washer and dryer in washroom using proper drainage and dryer vent and exterminate vermin in household. The Code Compliance Board hearing date was November 15, 2008, and no one had appeared. The compliance date and proposed fine set by the Board was November 29, 2008, or $500 per day. The violation still existed, with 17 days of non- compliance. nd Linda Shelton, 1614 N. Seacrest Boulevard, was hospitalized October 2 for several weeks. She performed some clean-up work and advised she would need more than 30 days to come into compliance. She currently resided in the home with four children and four grandchildren, the oldest 15 and the youngest 7 years of age. She applied to the City for assistance to make repairs to the home. Officer Cain presented photographs for the Board’s review. Ms. Shelton was questioned as to why it took her so long to appear before the Board and to seek assistance, especially with eight children in the home. The photographs were taken on September 16, 2008, and the appearance of the home had not changed. Mr. Shelton’s 15-year-old son accompanied the Respondent, and indicated he could help his mother with the repairs and trash removal after school. A cousin residing in the home could also help. Chair Costantino pointed out concerns relating to the exposed electrical boxes. Ms. Shelton contended she placed covers on all of the electrical sockets. 5 Meeting Minutes December 17, 2008 Boynton Beach, Florida December 17, 2008 Scott Blasie, Code Compliance Administrator, reported he inspected the home in September. The open electrical boxes were in the utility room on the north side of the house. He had asked Ms. Shelton to secure the room, and she agreed to do so. Mr. Himmelbaum noted for the record that he asked Attorney Tolces how an individual would go about obtaining assistance from the City. Attorney Tolces suggested the Respondent contact Community Improvement. Mr. Blasie indicated Ms. Shelton had been in contact with Debbie Reamsnyder with regard to her application. Motion Mr. Himmelbaum moved that Case #08-2685 be tabled until the Code Compliance Board meeting to be held on January 21, 2009. Mr. LaTour seconded the motion that unanimously passed. th Case #08-2469 A Safe Place 146 LL 146 SE 27 Place Luney Guillaume, Code Compliance Inspector, presented the case and advised a Business Tax Receipt was required. The Notice of Violation date was August 27, 2008. The Code Compliance Board hearing date was October 15, 2008, and Attorney James Dougherty appeared. The compliance date and proposed fine set by the Board was November 14, 2008, or $25 per day. The violation still existed, with 32 days of non- compliance. James J. Dougherty, 7491 N. Federal Highway, C5300, Boca Raton, noted he was the attorney for A Safe Place and Felicia Dickson. Attorney Dougherty was accompanied by Ron Brito, who was under contract to perform the work on the property. Ron Brito, Enterprise Contractors Incorporated, 2559 Webb Avenue, Suite #2, Delray Beach, introduced himself. Attorney Dougherty met with Inspectors Guillaume and Roy after the last hearing and secured a contractor to work with Ms. Dickson. However, the work was not financially feasible at the prices quoted. There was a problem with a solar panel installed by Green Tech Solar Solutions and, despite several attempts, Attorney Dougherty had not been able to reach Green Tech. Ms. Dickson had reached an agreement with Mr. Brito regarding the structural work, but additional time would be needed for the plans to be submitted. Mr. Brito was familiar with the City’s process. Attorney Dougherty explained additional violations were brought to light during the inspection required for the Business Tax Receipt. 6 Meeting Minutes December 17, 2008 Boynton Beach, Florida December 17, 2008 Mr. Brito requested 90 days to review the work that had been performed, submit plans and apply to the City for a permit. A Safe Place would be used for single-family rentals. Motion Mr. LaTour moved that Case #08-2469 be tabled until the Code Compliance Board meeting to be held on January 21, 2009. Mr. Himmelbaum seconded the motion that passed unanimously. Ms. Blasie addressed the lien reductions. He announced there currently were only four members present, and a vote by the Board would have to be unanimous. The applicants present had the option of returning when a full complement of the Board was present, or proceeding with the four members present. It was noted Mr. Foot would be arriving late, and the applicants could opt to have their cases heard upon Mr. Foot’s arrival. If the applicants agreed to have their lien reductions heard at this meeting, the Board’s decision would be subject to review by the City Commission. Once the minutes were forwarded to the City Commission, they had seven days to pull the item and have it reviewed at a City Commission meeting. The applicants were provided the same opportunity under the Code. Unless a City Commissioner requested the item be presented to the Commission, the Board’s decision would be final. The cases for the Respondents wishing to proceed are hereinafter set forth. th Case #08-696 Maretha Medeus 240 NE 13 Avenue and Johnnie Grimes Mr. Blasie reviewed the case and presented details of the violation. The matter was originally cited March 3, 2008, and the Respondents were directed to remove all trash and outside storage at the rental property. The Code Compliance Board hearing date was April 16, 2008, and no one appeared. The compliance date and proposed fine set by the Board was April 26, 2008, or $500 per day. Compliance was achieved on November 17, 2008, with 204 days of non-compliance plus administrative costs. Two extenuating issues existed. The first related to service which had been effectuated in accordance with established procedures and law. However, Ms. Medeus indicated the address noted in the City’s records was incorrect. The records of the County Tax Collector and Property Appraiser’s Office, however, reflected the address used by the City to process the case. The second issue related to the timeframe for compliance. Once Ms. Medeus began working with the City, she contacted the City Manager with regard to the lien on the property. Digital photographs were taken of the property and emailed to Ms. Medeus. The individual renting the property was uncooperative and eviction proceedings were commenced. This resulted in a delay in achieving compliance. 7 Meeting Minutes December 17, 2008 Boynton Beach, Florida December 17, 2008 Maretha Medeus, 130 Alicante Street, College Park, Georgia, discovered the violation on the internet. After contacting the City Manager, she received photographs of the property. She was under contract to sell the house to St. John Missionary Baptist Church, and no one was to have been in the house. Unfortunately, however, her brother allowed an individual to reside in the house. Thereafter, Ms. Medeus’ brother advised the individual it would be necessary for him to leave the premises, and the locks on the doors were changed. The police were contacted and advised the Respondents that the individual could not be forced to leave the premises unless challenged through the court system. The individual sold and repaired tires at the premises for which Ms. Medeus, as the property owner, was cited. Ms. Medeus began eviction proceedings, and as a result, the individual had been removed from the premises. Ms. Medeus has since cleaned up the property, and she requested the liens be waived. Chair Costantino pointed out she had known Ms. Medeus and her family for some time, and her current situation was not the norm. Mr. Blasie added the certified letters had been returned, even though they were processed based on Ms. Medeus’ registered address. Motion Based on the testimony and evidence presented in Case #08-696, 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 rescind the fines instituted in Case #08-696, by this Board’s order of April 16, 2008, and that the lien imposed by that order be released. Mr. LaTour seconded the motion. The motion failed 3-1 (Mr. Yerzy dissenting), as four votes were required for the motion to pass. Chair Costantino noted Mr. Yerzy was in favor of administrative costs being charged, but would agree to inspection costs of $384.12 Motion Based on the testimony and evidence presented in Case #08-696, 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 the fine instituted in Case #08-696, by virtue of the Board’s Order of April 16, 2008, be reduced to an amount of $384.12, which is a part of the administrative costs. Mr. Yerzy seconded the motion that unanimously passed. 8 Meeting Minutes December 17, 2008 Boynton Beach, Florida December 17, 2008 th Case #08-1710 Soundview Home Loan Trust 2006 404 SE 20 Court Mr. Blasie presented the case, adding the Notice of Violation date was June 17, 2008 for violations of the City’s Community Appearance Code and Chapter 13 requiring a Business Tax Receipt for a rental property. The Code Compliance Board hearing date was August 20, 2008, and no one had appeared. The compliance date and proposed fine set by the Board was August 30, 2008, or $250 per day. Compliance was achieved on November 12, 2008, with 73 days of non-compliance plus administrative costs. Mr. Blasie provided photographs for the Board’s review. Bob A. Sauer, Caldwell Banker, 1185 East Atlantic Avenue, Delray Beach, noted the property was in foreclosure and under contract, and he was marketing the property for the Respondent. Mr. Blasie advised the matter was brought to Code’s attention by the Recreation and Parks Department staff who observed the trees were growing into the street. Staff cut the trees back a bit to clear the street, but most of the trimming was performed by the Respondent. The house was old, and the entire street had been designated a Cottage District. The Respondent complied with other violations including replacement of rotted siding, and clearing out the back yard. Mr. Sauer indicated Deutschbank, National Trust and Certificate Holders of Soundview Home Loan Trusts, charged him with the task of marketing the home. His crew took measures to come into compliance, including the maintenance of the property. The lien had been discovered when the parties went to contract. Deutschbank hired Mr. Sauer th to market the property and accepted the listing on September 30. Mr. Blasie’s file contained a Certificate of Title dated February 25, 2008, which was signed by the Court March 12, 2008. Deutschbank was aware that Mr. Sauer was appearing on its behalf. Motion Based on testimony and evidence presented in Case #08-1710, 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. LaTour moved that this Board reduce the fines instituted in Case #08-1710, by virtue of this Board's Order of August 20, 2008, to an amount of $1,825, including administrative costs. Chair Costantino passed the gavel to Mr. Yerzy and seconded the motion. Mr. Himmelbaum pointed out it took approximately 40 days for the property to be brought into compliance. He suggested 15 days at $250 per day plus administrative costs. 9 Meeting Minutes December 17, 2008 Boynton Beach, Florida December 17, 2008 Mr. Sauer reiterated he was unaware of the lien on the property until a tax and lien search was conducted at the time the parties went to contract. Mr. Himmelbaum suggested the lien be reduced to $4,384 including administrative costs (15 days at $250 per day plus $634 in administrative costs). The community had to deal with the nuisance, and Recreation and Parks had to trim back the trees. Attorney Tolces advised the maker of the motion could amend his motion to change the amount if he was in agreement with Mr. Himmelbaum’s suggestion, and the person who seconded the motion could agree to the amendment. Mr. LaTour agreed to amend his motion to reflect the amount of $4,384. Mr. Himmelbaum seconded the amended motion that passed unanimously. th Case #07-2844 U.S. Bank National Assoc. Trust 519 NW 10 Ave. Mr. Blasie presented the case and reviewed the details of the violations. The Respondent was originally cited on September 25, 2007. The violation required the property be mowed and maintained. The Code Compliance Board hearing date was November 19, 2007, and no one had appeared. The compliance date and proposed fine set by the Board was November 29, 2007, or $150 per day. Compliance was achieved on September 23, 2008, for a total of 298 days of non-compliance plus administrative costs. Nick Jackson, Exit Global, 3969 N. Haverhill Road, West Palm Beach, advised he was the broker in charge of the property for the Respondent. Mr. Blasie explained the Ficus hedges were 10 or 12 feet high, nearly touching the house, and had not been maintained. The Certificate of Title had been recorded August 24, 2007. Mr. Jackson explained his company was not assigned the property until September 3, 2008. Clear title was not readily available as a result of litigation. Once they received the property, it was brought into compliance. Motion Based on testimony and evidence presented in Case #07-2844, and having been advised that the Respondent has complied with all lien reduction procedures set forth in section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Himmelbaum moved that this Board reduce the fines instituted in Case #07-2844, by virtue of this Board's Order of November 19, 2007, to an amount of $2,134, which is 10 Meeting Minutes December 17, 2008 Boynton Beach, Florida December 17, 2008 inclusive of administrative costs (10 days at $150 per day plus $634). Mr. Yerzy seconded the motion that unanimously passed. rd Case #04-690 Pelican Pointe Properties LLC 180 SW 3 Avenue Mr. Blasie presented the case and reviewed the details of the violations. The Respondent was originally cited on March 29, 2004 for violations of the City’s Community Appearance Code. Several areas along two of the streets bordering the Pelican Pointe Apartments did not have any grass. The Code Compliance Board hearing date was June 16, 2004, and no one had appeared. The compliance date and proposed fine set by the Board was July 16, 2004, or $100 per day. Staff documented compliance on June 14, 2005, with 332 days of non-compliance plus administrative costs. He provided photographs for the Board’s review. Dave Bellitier, 180 S.W. Third Avenue, and Ricky Brewster, 8896 Chestnut Ridge Way, Project Manager, introduced themselves. Pelican Pointe Properties LLC was aware Mr. Brewster was speaking on its behalf. They submitted photographs for the Board’s review. Mr. Bellitier explained at the time notice was received requiring the installation of the sod, the complex was undergoing construction. The units had been completely gutted and renovated and more than $240,000 had been spent on landscaping and a new irrigation system. Mr. Bellitier had informed Code Compliance that he could not install the sod, as the irrigation system was going to be installed. Approximately 60% of the units were currently occupied, and an active sales office was maintained on the property. Mr. Blasie believed when the property had been purchased, the intent was to bulldoze the units and replace them with a new project. Currently, a few of the buildings had not been refurbished. Mr. Blasie noted vandalism involving the theft of outside air- conditioners and palm trees, had occurred at the site. Landscaping had been added to make the units more attractive. Mr. Yerzy commented he was impressed with the site’s appearance. (Mr. Foot arrived at 8:33 p.m.) Mr. Bellitier had previously appeared before the Board to request a lien reduction. However, while the sod and irrigation had been completed, the site was still under construction. He was, therefore, asked to return to the Board when the property came into full compliance. To date, most of the units had been completed. He explained he had been working with the Boynton Beach Police Department with regard to the vandalism at the site. 11 Meeting Minutes December 17, 2008 Boynton Beach, Florida December 17, 2008 Motion Based on testimony and evidence presented in Case #04-690, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Himmelbaum moved that this Board reduce the fines instituted in Case #04-690, by virtue of this Board's Order of June 16, 2004, to an amount of $768.24, which is inclusive of the administrative costs for the eight inspections. Mr. Yerzy seconded the motion that unanimously passed. th Case #08-1950 Wells Fargo Bank Nat’l. Assoc. 228 SE 26 Ave. Mr. Blasie presented the case and reviewed the details of the violations. The Respondent was originally cited on July 10, 2008 for violations of the City’s Code concerning overgrowth in the yard, installation of a pool barrier and maintaining the pool in a sanitary condition. The property was currently vacant. The case was brought before the Board on September 17, 2008, and no one appeared. The compliance date and fine was established by the Board for September 27, 2008, or $500 per day. Compliance was documented on November 6, 2008, with 39 days of non-compliance plus administrative costs. th Carlina Lerma, 8375 S.W. 87 Court, Miami, advised she was employed by the real estate company that had the listing, and Wells Fargo was aware she was appearing before the Board on its behalf. She had taken over the listing of the property in February 2008. The Certificate of Title was executed November 15, 2007 and recorded December 3, 2007. The real estate company took over the marketing of the property in February 2008 prior to her employment. The management company, rather than the real estate company, performed periodic maintenance on the property. Ms. Lerma became aware of the violations when the parties went to contract in September 2008 and a title search was made. Measures were immediately taken to cure the violations. Chair Costantino pointed out the hazards of an unsecured pool, and the possibility of the loss of a child’s life. Mr. Blasie noted the pool had now been secured. A chain link fence and padlocked gate had been installed around the east side of the property and a wood fence across the rear. Mr. Foot pointed out that action could have been taken more rapidly to cure the violations. As evidenced by the $500-per-day fine, the situation was not taken lightly, and while there were no known accidents relating to the pool, the ordinance and enforcement efforts were important. He suggested a fine of $3,900 plus administrative costs, for a total of approximately $4,500. Mr. Yerzy concurred. 12 Meeting Minutes December 17, 2008 Boynton Beach, Florida December 17, 2008 Motion Based on testimony and evidence presented in Case #08-1950, 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. Foot moved that this Board reduce the fines instituted in Case #08-1950, by virtue of this Board's Order of September 17, 2008, to an amount of $4,534.12. Mr. Himmelbaum seconded the motion that unanimously passed. The Board recessed at 8:45 p.m. and reconvened at 8:54 p.m. Case #08-2899 CRNT1 Location: 2900 NW Commerce Park Drive Violation: CO CH 9 ART II, SEC 9-22 (C) Fire Inspection Fees John Herring, Code Officer, presented the case and reviewed the details of the violation. Staff recommended 30 days, to January 16, 2009, for compliance, with a fine of $50 per day thereafter. Motion Based on the testimony and evidence presented in Case #08-2899, Mr. Himmelbaum moved that this Board find that CRNT1 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 16, 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 16, 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. Yerzy seconded the motion that unanimously passed. Case #08-2902 1420 Holdings th Location: 1420 SW 30 Avenue Violations: CO CH 9 ART II, SEC 9-22 (C) Fire Inspection Fees Officer Herring presented the case and reviewed the details of the violation. Staff recommended 30 days, to January 16, 2009, for compliance, with a fine of $50 per day thereafter. 13 Meeting Minutes December 17, 2008 Boynton Beach, Florida December 17, 2008 Motion Based on the testimony and evidence presented in Case #08-2902, Mr. Yerzy moved that this Board find that 1420 Holdings 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 16, 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 16, 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 #08-2906 Great Western Bank Location: 555 N. Congress Avenue Violation: CO CH 9 ART II, SEC 9-22 (C) Fire Inspection Fees Officer Herring presented the case and reviewed the details of the violation. Staff recommended 30 days, to January 16, 2009, for compliance, with a fine of $50 per day thereafter. Motion Based on the testimony and evidence presented in Case #08-2906, Mr. Foot moved that this Board find that Great Western Bank 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 16, 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 16, 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. Yerzy seconded the motion that unanimously passed. Case #08-2933 Ideal Paint & Body Inc. Location: 610 Industrial Avenue Violation: CO CH 9 ART II, SEC 9-22 (C) Fire Inspection Fees 14 Meeting Minutes December 17, 2008 Boynton Beach, Florida December 17, 2008 Officer Herring presented the case and reviewed the details of the violation. Staff recommended 30 days, to January 16, 2009, for compliance, with a fine of $50 per day thereafter. Motion Based on the testimony and evidence presented in Case #08-2933, Mr. Himmelbaum moved that this Board find that Ideal Paint & Body Inc. is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before January 16, 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 16, 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 #08-2942 1420 Holdings th Location: 1420 SW 30 Avenue Violation: CO CH 9 ART II, SEC 9-22 (C) Fire Inspection Fees Officer Herring presented the case and reviewed the details of the violation. Staff recommended 30 days, to January 16, 2009, for compliance, with a fine of $50 per day thereafter. Motion Based on the testimony and evidence presented in Case #08-2942, Mr. Yerzy moved that this Board find that 1420 Holdings 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 16, 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 16, 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. Himmelbaum seconded the motion that unanimously passed. 15 Meeting Minutes December 17, 2008 Boynton Beach, Florida December 17, 2008 Case #08-2955 Nizer and Susan Uri Location: 103 E. Boynton Beach Blvd. Violation: CO CH 9 ART II, SEC 9-22 (C) Fire Inspection Fees Officer Herring presented the case and reviewed the details of the violation. Staff recommended 30 days, to January 16, 2009, for compliance, with a fine of $50 per day thereafter. Motion Based on the testimony and evidence presented in Case #08-2955, Mr. Yerzy moved that this Board find that Nizer and Susan Uri 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 January 16, 2009. 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 January 16, 2009 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. Foot seconded the motion that unanimously passed. Case #08-2961 Raymond A. Marcinkosci TR and Japanese Quality Car Service, Inc. Location: 505 Industrial Avenue Violation: CO CH 9 ART II, SEC 9-22 (C) Fire Inspection Fees Officer Herring presented the case and reviewed the details of the violation. Staff recommended 30 days, to January 16, 2009, for compliance, with a fine of $50 per day thereafter. Motion Based on the testimony and evidence presented in Case #08-2961, Mr. Himmelbaum moved that this Board find that Raymond A. Marcinkosci TR and Japanese Quality Car Service, Inc. 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 January 16, 2009. 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 January 16, 2009 plus administrative costs shall 16 Meeting Minutes December 17, 2008 Boynton Beach, Florida December 17, 2008 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 #08-3020 DDRTC Boynton Commons LLC and Old Navy Location: 373 N. Congress Avenue Violation: CO CH 9 ART II, SEC 9-22 (C) Fire Inspection Fees Officer Herring presented the case and reviewed the details of the violation. Staff recommended 30 days, to January 16, 2009, for compliance, with a fine of $50 per day thereafter. Motion Based on the testimony and evidence presented in Case #08-3020, Mr. LaTour moved that this Board find that DDRTC Boynton Commons LLC and Old Navy 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 January 16, 2009. 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 January 16, 2009 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 #08-3039 1420 Holdings and Ray Greaves Building th Location: 1420 SW 30 Avenue Violation: CO CH 9 ART II, SEC 9-22 (C) Fire Inspection Fees Officer Herring presented the case and reviewed the details of the violation. Staff recommended 30 days, to January 16, 2009, for compliance, with a fine of $50 per day thereafter. Motion Based on the testimony and evidence presented in Case #08-3039, Mr. Yerzy moved that this Board find that 1420 Holdings and Ray Greaves Building are in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondents 17 Meeting Minutes December 17, 2008 Boynton Beach, Florida December 17, 2008 correct the violation on or before January 16, 2009. 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 January 16, 2009 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. Foot seconded the motion that unanimously passed. Case #08-3045 Felix 21 LLC and Protection Engineering Systems Location: 3300 S. Congress Avenue Violation: CO CH 9 ART II, SEC 9-22 (C) Fire Inspection Fees Officer Herring presented the case and reviewed the details of the violation. Staff recommended 30 days, to January 16, 2009, for compliance, with a fine of $50 per day thereafter. Motion Based on the testimony and evidence presented in Case #08-3045, Mr. Himmelbaum moved that this Board find that Felix 21 LLC and Protection Engineering Systems 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 January 16, 2009. 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 January 16, 2009 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 #08-3152 Pisa Inc. and Custom Plastering/Storm Shutters th Location: 215 SE 8 Avenue Violation: CO CH 9 ART II, SEC 9-22 (C) Fire Inspection Fees Officer Herring presented the case and reviewed the details of the violations. Staff recommended 30 days, January 16, 2009, for compliance, with a fine of $50 per day thereafter. 18 Meeting Minutes December 17, 2008 Boynton Beach, Florida December 17, 2008 Motion Based on the testimony and evidence presented in Case #08-3152, Mr. Yerzy moved that this Board find that Pisa Inc. and Custom Plastering/Storm Shutters 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 January 16, 2009. 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 January 16, 2009 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. Foot seconded the motion that unanimously passed. Case #08-3179 Professional Boundaries LLC and Aubrey K. Ewing, P.A. Location: 1230 S. Federal Highway Violation: CO CH 9 ART II, SEC 9-22 (C) Fire Inspection Fees Officer Herring presented the case and reviewed the details of the violation. Staff recommended 30 days, to January 16, 2009, for compliance, with a fine of $50 per day thereafter. Motion Based on the testimony and evidence presented in Case #08-3179, Mr. Yerzy moved that this Board find that Professional Bondaries LLC and Aubrey K. Ewing, P.A. 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 January 16, 2009. 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 January 16, 2009 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 #08-3213 Boynton Plaza and Knowledge Points Location: 153 N. Congress Avenue Violation: CO CH 9 ART II, SEC 9-22 (C) Fire Inspection Fees 19 Meeting Minutes December 17, 2008 Boynton Beach, Florida December 17, 2008 Officer Herring presented the case and reviewed the details of the violation. Staff recommended 30 days, to January 16, 2009, for compliance, with a fine of $50 per day thereafter. Motion Based on the testimony and evidence presented in Case #08-3213, Mr. LaTour moved that this Board find that Boynton Plaza and Knowledge Points 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 January 16, 2009. 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 January 16, 2009 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 #08-3221 422 Boynton Partners LLC and Beds Beds Beds Location: 422 E. Boynton Beach Blvd. Violation: CO CH 9 ART II, SEC 9-22 (C) Fire Inspection Fees Officer Herring presented the case and reviewed the details of the violation. Staff recommended 30 days, to January 16, 2009, for compliance, with a fine of $50 per day thereafter. Motion Based on the testimony and evidence presented in Case #08-3221, Mr. Yerzy moved that this Board find that 422 Boynton Partners LLC and Beds Beds Beds 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 January 16, 2009. 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 January 16, 2009 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. 20 Meeting Minutes December 17, 2008 Boynton Beach, Florida December 17, 2008 Case #08-3229 High Ridge Properties and Dockside Market & Eatery Location: 640 East Ocean Drive Violation: CO CH 9 ART II, SEC 9-22 (C) Fire Inspection Fees Officer Herring presented the case and reviewed the details of the violation. Staff recommended 30 days, to January 16, 2009, for compliance, with a fine of $50 per day thereafter. Motion Based on the testimony and evidence presented in Case #08-3229, Mr. Yerzy moved that this Board find that High Ridge Properties and Dockside Market & Eatery 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 January 16, 2009. 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 January 16, 2009 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 #08-3231 High Ridge Properties and Ocean Plaza Location: 640 E. Ocean Avenue Violation: CO CH 9 ART II, SEC 9-22 (C) Fire Inspection Fees Officer Herring presented the case and reviewed the details of the violation. Staff recommended 30 days, to January 16, 2009, for compliance, with a fine of $50 per day thereafter. Motion Based on the testimony and evidence presented in Case #08-3231, Mr. Himmelbaum moved that this Board find that High Ridge Properties and Ocean Plaza 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 January 16, 2009. 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 21 Meeting Minutes December 17, 2008 Boynton Beach, Florida December 17, 2008 violation continues past January 16, 2009 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 #08-2681 Yachtsman Properties LLC and Andrew P. Cohen Location: 1550 N. Federal Highway Violation: BBA FBC ’04 105.1.1 Permit is required to install a 220 electrical outlet as noted in red tag dated August 14, 2008 Officer Cain presented the case and reviewed the details of the violation. Staff recommended 10 days, to December 27, 2008, for compliance. It was noted the Respondents were repeat offenders. Motion Based on the testimony and evidence presented in Case #08-2681, Mr. Yerzy moved that this Board find that Yachtsman Properties LLC and Andrew P. Cohen 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 December 27, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $150 per day for each day the violation continues past December 27, 2008 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Himmelbaum seconded the motion that unanimously passed. Case #08-3416 Fresnel and Lucienne Osirus th Location: 1640 NE 4 Court Violation: CO CH13, SEC 13-16 Obtain Business Tax Certification for rental property. Officer Cain presented the case and reviewed the details of the violation. Staff recommended 30 days, to January 16, 2009, for compliance. 22 Meeting Minutes December 17, 2008 Boynton Beach, Florida December 17, 2008 Motion Based on the testimony and evidence presented in Case #08-3416, Mr. Yerzy moved that this Board find that Fresnel and 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 January 16, 2009. 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 January 16, 2009 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 #08-3562 Lydia Mass th Location: 2411 NE 4 Street Violation: CO CH15 SEC15-120(D) Inc. Remove washer, wood and junk from north side of house. Officer Cain presented the case and reviewed the details of the violation. Staff recommended 10 days, to December 27, 2008, for compliance. It was noted the washer had been removed, but the plywood remained. It was noted the Respondent was a repeat offender. Motion Based on the testimony and evidence presented in Case #08-3562, Mr. Himmelbaum moved that this Board find that Lydia Mass 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 27, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past December 27, 2008 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that unanimously passed. Case #08-3575 Janis Carter Location: 2407 NE4th Court Violations: CO CH15 SEC15-120(D) Inc. CO CH13, SEC 13-16 23 Meeting Minutes December 17, 2008 Boynton Beach, Florida December 17, 2008 Mow overgrow yard. Obtain Business Tax Receipt for renting residence. Officer Cain presented the case and reviewed the details of the violations. Staff recommended 10 days, to December 27, 2008, for compliance. The Respondent was a repeat offender. Motion Based on the testimony and evidence presented in Case #08-3575, Mr. Yerzy moved that this Board find that Janis Carter 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 27, 2008. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $250 per day for each day the violations continue past December 27, 2008 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. LaTour seconded the motion that unanimously passed. Case #08-3576 Daniel Rose and Patricia Martel th Location: 2627 NE 45 Street Violations: CO CH 15 SEC. 15-120(D) Inc LDR CH20 SEC. E(16) CO CH13 SEC 13-16 Install 4” high house numbers on house to be visible from street. All vehicles must have current tags and be in running order. Obtain Business Tax receipt for rental of property. Officer Cain presented the case and reviewed the details of the violations. Staff recommended 10 days, to December 27, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-3576, Mr. Foot moved that this Board find that Daniel Rose and Patricia Martel 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 27, 2008. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by 24 Meeting Minutes December 17, 2008 Boynton Beach, Florida December 17, 2008 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 December 27, 2008 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Himmelbaum seconded the motion that unanimously passed. Case #08-3633 Mary E. Darrell nd Location: 2510 NW 2 Street Violation: CO CH15 SEC15-120(D) Inc. Remove all auto parts and junk from property. Officer Cain presented the case and reviewed the details of the violation. Staff recommended 10 days, to December 27, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-3633, Mr. Yerzy moved that this Board find that Mary E. Darrell 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 27, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past December 27, 2008 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. LaTour seconded the motion that unanimously passed. Case #08-3466 Yachtsman Properties LLC, and Andrew P. Cohen Location: 1550 N. Federal Highway Violation: BBA FBC ’04 105.1.1. Permit is required for interior remodeling. Refer to red tag dated October 7, 2008. Inspector Guillaume presented the case and reviewed the details of the violation. Staff recommended 10 days, to December 27, 2008, for compliance. 25 Meeting Minutes December 17, 2008 Boynton Beach, Florida December 17, 2008 Motion Based on the testimony and evidence presented in Case #08-3466, Mr. Himmelbaum moved that this Board find that Yachtsman Properties LLC, and Andrew P. Cohen 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 December 27, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $150 per day for each day the violation continues past December 27, 2008 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that unanimously passed. Case #08-2800 Wells Fargo Bank Location: 15 Heather Trace Drive Violations: CO CH10 SEC. 10-3 CO CH 15 SEC. 15-120(E) Inc CO CH 15 SEC. 15-120(D) Inc Remove dead palm tree; repair garage door; mow, weed and trim property Officer Herring presented the case and reviewed the details of the violations. The garage door had been repaired and the property mowed. The tree had not been removed. Staff recommended 10 days, to December 27, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-2800, Mr. Foot moved that this Board find that Wells Fargo Bank 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 27, 2008. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past December 27, 2008 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that unanimously passed. 26 Meeting Minutes December 17, 2008 Boynton Beach, Florida December 17, 2008 Case #08-3409 Francisco J. Munoz Location: 816 S. Seacrest Blvd. Violations: CO CH 15 SEC. 15-120(D) Inc CO CH 15 SEC. 15-120(A) CO CH 15 SEC. 15-120(B) 1 Mow, weed and trim property. Remove trash and debris from property. Officer Herring presented the case and reviewed the details of the violations. Staff recommended 10 days, to December 27, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-3409, Mr. Yerzy moved that this Board find that Francisco J. Munoz 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 27, 2008. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past December 27, 2008 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that unanimously passed. Case #08-3538 Realty Acquisitions & Trust Location: 2319 S. Federal Highway Violations: CO CH 15 SEC. 15-120(A) CO CH 15 SEC. 15-120(B) 1 Trim trees to be at least 10 feet above sidewalk. Trim trees to be at least 14 feet above road. Trim bushes that are growing into sidewalk area. Officer Herring presented the case and reviewed the details of the violations. Staff recommended 10 days, to December 27, 2008, for compliance. This was a commercial property and could be a safety hazard. The Florida Holly growing onto the sidewalk made it difficult for pedestrians to walk around the bush. 27 Meeting Minutes December 17, 2008 Boynton Beach, Florida December 17, 2008 Motion Based on the testimony and evidence presented in Case #08-3538, Mr. Yerzy moved that this Board find that Realty Acquisitions & 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 December 27, 2008. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $200 per day for each day the violations continue past December 27, 2008 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaTour seconded the motion that unanimously passed. Case #08-3411 Boynton Plaza Location: 141 N. Congress Avenue Violations: BBA FBC ’04 105.1.1. LDR CH21 II SEC. 3(R) Secure required permits for dry cleaners. Remove banner from pizza restaurant Officer Roy presented the case and reviewed the details of the violations. Staff recommended 30 days, to January 16, 2009, for compliance. The banners had been removed. Motion Based on the testimony and evidence presented in Case #08-3411, Mr. Himmelbaum moved that this Board find that Boynton Plaza 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 16, 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 16, 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. Yerzy seconded the motion that unanimously passed. Case #08-3183 Lillie Mae Phillips, et al th Location: 518 NW 10 Avenue Violations: CO CH15 SEC.15-120(D) Inc 28 Meeting Minutes December 17, 2008 Boynton Beach, Florida December 17, 2008 LDR CH20 VIII SEC. G(1) Secure building to prohibit entry from the public. Mow and maintain property per City Codes. Officer Melillo presented the case and reviewed the details and noted the unsecured building constituted a health hazard. Staff recommended 10 days, to December 27, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-3183, Mr. Himmelbaum moved that this Board find that Lillie Mae Phillips, et al 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 27, 2008. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $250 per day for each day the violations continue past December 27, 2008 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaTour seconded the motion that unanimously passed. Case #08-3188 Benel and Yves Joseph th Location: 520 NW 11 Avenue Violation: CO CH15 SEC15-120(D) Inc. Mow and maintain property per City Code. Officer Melillo presented the case and reviewed the details of the violation. Staff recommended 10 days, to December 27, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-3188, Mr. Yerzy moved that this Board find that Benel and Yves 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 December 27, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past December 27, 2008 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to 29 Meeting Minutes December 17, 2008 Boynton Beach, Florida December 17, 2008 arrange for re-inspection of the property to verify compliance with this Order. Mr. Himmelbaum seconded the motion that unanimously passed. Case #08-3320 Location: Violation: Leon I. and Gail R. Jenkins 134 NW 10th Avenue CO CH13, SEC 13-16 Renew Business Tax Receipt to rent property. Officer Melillo presented the case and reviewed the details of the violation. Staff recommended 10 days, to December 27, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-3320, Mr. Yerzy moved that this Board find that Leon I. and Gail R. Jenkins 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 December 27, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $59 $100 per day for each day the violation continues past December 27, 2008 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that passed 4-1 (Mr. Himmelbaum dissenting). Case #08-3560 Location: Violations: Maurice L. and Thelma Beachem 2320 NE 4th Court CO CH15 SEC15-120(D) Inc. BBA FBC '04 105.1.1 Obtain permit for shed in rear yard. Remove construction material from yard. Officer Pierre presented the case and reviewed the details of the violations. Staff recommended 30 days, to January 16, 2009, for compliance. Motion Based on the testimony and evidence presented in Case #08-3560, Mr. Yerzy moved that this Board find that Maurice L. and Thelma Beachem are in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondents correct the violations on or before January 16, 2009. The Board has considered the gravity of 30 Meeting Minutes December 17, 2008 Boynton Beach, Florida December 17, 2008 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 January 16, 2009 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. Foot seconded the motion that unanimously passed. Case #08-3082 Beverly Mercier th Location: 115 SW 4 Street Violation: CO CH15 SEC15-120(D) Inc. Mow overgrowth and maintain property per City Code. Officer Roy presented the case and reviewed the details of the violation. Staff recommended 10 days, to December 27, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-3082, Mr. Yerzy moved that this Board find that Beverly Mercier 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 27, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past December 27, 2008 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. LaTour seconded the motion that unanimously passed. Case # 08-3531 Brunel and Avriette Ovil th Location: 22 SW 5 Ave. Violations: CO CH15 SEC15-120(D) Inc. LDR CH 2 SEC. 5(D)(1) Remove all outside storage trash and debris from property. Officer Roy presented the case and reviewed the details of the violations. Staff recommended 10 days, to December 27, 2008, for compliance. 31 Meeting Minutes December 17, 2008 Boynton Beach, Florida December 17, 2008 Motion Based on the testimony and evidence presented in Case #08-3531, Mr. Foot moved that this Board find that Brunel and Avriette Ovil 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 27, 2008. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past December 27, 2008 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that unanimously passed Case #08-3534 Natasha Joseph th Location: 121 SW 4 Avenue Violation: LDR CH20 VIII SEC. G(1) Secure structure at all openings to prevent entry by the public. Officer Roy presented the case and reviewed the details of the violation. Staff recommended 10 days, to December 27, 2008, for compliance. The unsecured house constituted a safety hazard. Motion Based on the testimony and evidence presented in Case #08-3534, Mr. Foot moved that this Board find that Natasha Joseph 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 27, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $250 per day for each day the violation continues past December 27, 2008 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that unanimously passed. Case #08-3650 David and Jane P Kislak Tr. th Location: 443 SW 7 Court Violations: CO CH15 SEC15-120(D) Inc. CO CH 15 SEC. 15-120(A) LDR CH 2 SEC. 5(D)(1) 32 Meeting Minutes December 17, 2008 Boynton Beach, Florida December 17, 2008 Mow property, trim tree over road to 14 feet. Remove all outside storage from property. Repair or remove fence east of property. Officer Roy presented the case and reviewed the details of the violations. Staff recommended 10 days, to December 27, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-3650, Mr. Yerzy moved that this Board find that David and Jane Kislak Tr. is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before December 27, 2008. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $250 per day for each day the violations continue past December 27, 2008 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that unanimously passed. Case #08-3653 Nauras Corp. th Location: SW 9 Avenue Violations: LDR CH 2 SEC. 5(D)(1) CO CH15 SEC15-120(D) Inc. Mow and maintain lot per City ordinance. Remove any outside storage of materials and trailer. Officer Roy presented the case and reviewed the details of the violations. Staff recommended 10 days, to December 27, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-3653 , Mr. Foot moved that this Board find that Nauras Corp. is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before December 27, 2008. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past December 27, 2008 33 Meeting Minutes December 17, 2008 Boynton Beach, Florida December 17, 2008 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that unanimously passed. Case #08-3658 Regions Mortgage st Location: 414 SW 1 Avenue Violation: CO CH15 SEC15-120(D) Inc. Mow and maintain property per City ordinance. Officer Roy presented the case and reviewed the details of the violation. Staff recommended 10 days, to December 27, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-3658, Mr. Yerzy moved that this Board find that Regions Mortgage 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 27, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $150 per day for each day the violation continues past December 27, 2008 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Himmelbaum seconded the motion that unanimously passed. Case #08-3459 Thomas F. Curran nd Location: 417 NE 2 Street Violation: CO CH15 SEC15-120(D) Inc. nd Keep property at 417 NE 2 nd Street to NE 2 Street mowed, trimmed and free of all loose trash and debris. Willie Webb, Senior Code Officer, presented the case and reviewed the details of the violation. Staff recommended 10 days, to December 27, 2008, for compliance. It was noted the Respondent was a repeat violator. 34 Meeting Minutes December 17, 2008 Boynton Beach, Florida December 17, 2008 Motion Based on the testimony and evidence presented in Case #08-3459, Mr. Himmelbaum moved that this Board find that Thomas F. Curran 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 27, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $150 per day for each day the violation continues past December 27, 2008 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that unanimously passed. Attorney Tolces noted he received a foreclosure complaint with regard to the property and would be filing an answer to the complaint. Case #08-3520 Geneva Russell th Location: 211 ME 11 Avenue Violation: CO CH15 SEC15-120(D) Inc. th Vacant lot located on NE 11 Avenue must be mowed, trimmed and kept free of loose trash and debris. Officer Webb presented the case and reviewed the details of the violation. Staff recommended 10 days, to December 27, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-3520, Mr. Foot moved that this Board find that Geneva Russell 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 27, 2008. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $150 per day for each day the violation continues past December 27, 2008 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Himmelbaum seconded the motion that unanimously passed. 35 Meeting Minutes December 17, 2008 Boynton Beach, Florida December 17, 2008 Case #08-3524 Audett Carby th Location: 125 NE 11 Avenue Violations: CO CH15 SEC15-120(D) Inc. LDR CH20 SEC. E(16) Lot must be mowed, trimmed and kept free of loose trash and debris. Install four-inch house numbers on building to be visible from street. Officer Webb presented the case and reviewed the details of the violations. Staff recommended 10 days, to December 27, 2008, for compliance. Motion Based on the testimony and evidence presented in Case #08-3524, Mr. Yerzy moved that this Board find that Audett Carby 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 27, 2008. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past December 27, 2008 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. LaTour seconded the motion that unanimously passed. Officer Melillo recommended the following cases be certified at $50 per day: #08-2490, #08-2657, #08-2816, and #08-2728. th Case #08-2490 Andre and Vanette Estinfort 416 NW 7 Court Motion Based on the testimony and evidence presented in Case #08-2490, 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 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. 36 Meeting Minutes December 17, 2008 Boynton Beach, Florida December 17, 2008 nd Case #08-2657 Viergela Fervil and Victor Joseph 628 SW 2 Avenue Motion Based on the testimony and evidence presented in Case #08-2657, 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 $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 #08-2816 Jeremy Dysch and Kristine Flynn 418 NW 11th Avenue Motion Based on the testimony and evidence presented in Case #08-2816, Mr. Yerzy moved that this Board find that the Respondents have not complied with this Board's Order dated November 19, 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. th Case #08-2728 Ferrare Dhaiti 136 SW 6 Avenue Motion Based on the testimony and evidence presented in Case #08-2728, Mr. Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated November 19, 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. Officer Melillo recommended the following cases be certified at $100 per day: #08- 2129, #08-2485, #08-2822, #08-2988, and #08-3062. 37 Meeting Minutes December 17, 2008 Boynton Beach, Florida December 17, 2008 st Case #08-2129 Patrick Glover 2050 NE 1 Lane Motion Based on the testimony and evidence presented in Case #08-2129, 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 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. LaTour seconded the motion that unanimously passed. th Case #08-2485 Fresnel and Lucienne Osirus 1640 NE 4 Court Motion Based on the testimony and evidence presented in Case #08-2485, 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 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. Mr. LaTour seconded the motion that unanimously passed. th Case #08-2822 Donald C. Johnson 2304 SW 20 Way Motion Based on the testimony and evidence presented in Case #08-2822, Mr. Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated November 19, 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. LaTour seconded the motion that unanimously passed. rd Case #08-2988 Zambella Allen 206 SW 3 Street Motion Based on the testimony and evidence presented in Case #08-2988, Mr. Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated November 19, 2008, and having considered the gravity of the violations, the actions 38 Meeting Minutes December 17, 2008 Boynton Beach, Florida December 17, 2008 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. LaTour seconded the motion that unanimously passed. nd Case #08-3062 Watts Family Recovery Trust 807 NE 2 Court Motion Based on the testimony and evidence presented in Case #08-3062, Mr. Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated November 19, 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. LaTour seconded the motion that unanimously passed. Officer Melillo recommended the following cases be certified at $250 per day: #08-2479 and #08-2798. st Case #08-2479 Rafael Lopez and Ana B. Galvez 168 SE 31 Avenue Motion Based on the testimony and evidence presented in Case #08-2479, Mr. Yerzy moved that this Board find that the Respondents have not complied with this Board's Order dated November 19, 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. rd Case #08-2798 Jeffrey S. Cozzi 2219 SE 3 Street Motion Based on the testimony and evidence presented in Case #08-2798, Mr. Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated November 19, 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. 39 Meeting Minutes December 17, 2008 Boynton Beach, Florida December 17, 2008 Officer Melillo recommended Case #08-3098 be certified at $500 per day. th Case #08-3098 Deutsche Bank National Trust 510 NW 11 Avenue Motion Based on the testimony and evidence presented in Case #08-3098 Mr. Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated November 19, 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. LaTour seconded the motion that unanimously passed. Officer Melillo recommended “No fine” for the following cases: #08-2057, #08-2519, #08-1991, #08-2672, # 08-2867, #08-2756 and #08-3019. th Case #08-2057 Monadnock Real Estate LLC 2563 SW 10 Street Motion Based on testimony and evidence presented in Case #08-2057, Mr. Yerzy moved that this Board find that the Respondent, Monadnock Real Estate LLC, 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 August 20, 2008, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify “No Fine.” Mr. LaTour seconded the motion that unanimously passed. th Case #08-2519 Jalene Edmond 306 NW 7 Court Motion Based on testimony and evidence presented in Case #08-2519, Mr. Yerzy moved that this Board find that the Respondent, Jalene Edmond, 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 November 19, 2008, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify “No Fine.” Mr. LaTour seconded the motion that unanimously passed. 40 Meeting Minutes December 17, 2008 Boynton Beach, Florida December 17, 2008 Case #08-1991 Linda Giovinazza 3260 Orange Street Motion Based on testimony and evidence presented in Case #08-1991, Mr. Yerzy moved that this Board find that the Respondent, Linda Giovinazza, 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 violation 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. LaTour seconded the motion that unanimously passed. Case #08-2672 Bruce and Laura Hammond 3365 Ocean Parkway Motion Based on testimony and evidence presented in Case #08-2672, Mr. Yerzy moved that this Board find that the Respondents, Bruce and Laura Hammond, 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 violations and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents, that this Board impose and certify “No Fine.” Mr. LaTour seconded the motion that unanimously passed. th Case #08-2867 Maurice and Lydia Labbe 102 SW 7 Avenue Motion Based on testimony and evidence presented in Case #08-2867, Mr. Yerzy moved that this Board find that the Respondents, Maurice and Lydia Labbe, were 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 October 15, 2008, and in consideration of the gravity of the violations and the actions taken by the Respondents to remedy the violation and the previous violations of the Respondents, that this Board impose and certify “No Fine.” Mr. LaTour seconded the motion that unanimously passed. Case #08-2756 Jonis Elusme and Marie Auguste 404 W. Ocean Avenue Motion Based on testimony and evidence presented in Case #08-2756 Mr. Yerzy moved that this Board find that the Respondents, Jonis Elusme and Marie Auguste, were in violation of the City of Boynton Beach Code sections as cited subsequent to the date of 41 Meeting Minutes December 17, 2008 Boynton Beach, Florida December 17,2008 compliance specified in the Board's Order of November 19, 2008, and in consideration of the gravity of the violation and the actions taken by the Respondents to remedy the violation and the previous violations of the Respondents, that this Board impose and certify "No Fine." Mr. LaTour seconded the motion that unanimously passed. Case #08-3019 William Ganoe 320 NE 13th Avenue Motion Based on testimony and evidence presented in Case #08-3019 Mr. Yerzy moved that this Board find that the Respondent, William Ganoe, 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 November 19, 2008, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify "No Fine." Mr. LaTour seconded the motion that unanimously passed. Officer Melillo recommended Case #08-1604 be tabled to January 21, 2009. Case #08-1604 Jermaine and Regina N. Horne 2090 NE 1st Lane Motion Mr. Yerzy moved that Case #08-1604 be tabled until the Code Compliance Board meeting to be held on January 21, 2009. Mr. LaTour seconded the motion that unanimously passed. Officer Melillo recommended Case #08-1319 be tabled to February 18, 2009. Case #08-1319 John Van De Warker 135 SW 1st Avenue Motion Mr. Himmelbaum moved that Case #08-1319 be tabled until the Code Compliance Board meeting to be held on February 18, 2009. Mr. Himmclb\Jum ygm seconded the motion that unanimously passed. VII. Discussion Chair Costantino requested Board members arrive at 6:45 p.m. at the January 21, 2009 meeting, as Board elections would be held. 42 Meeting Minutes December 17, 2008 Boynton Beach, Florida December 17, 2008 VIII. Adjournment Motion Mr. Yerzy moved to adjourn. Mr. LaTour seconded the motion that passed unanimously. The meeting adjourned at 9:30 p.m. ~gi Stephanie D. Kahn Recording Secretary 122308 - 43