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Minutes 01-21-09 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, JANUARY 21,2009, AT 6:45 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Richard Yerzy, Vice Chair Kathleen Carroll Robert Foot Mark Karageorge Jamie LaTour Scott Blasie, Code Compliance Administrator David Tolces, Assistant City Attorney ABSENT: Michelle Costantino, Chair I. Call to Order Vice Chair Yerzy called the meeting to order at 6:57 p.m. II. Elections The Board deferred the elections to the next meeting as Chair Costantino could not attend the meeting. Motion Mr. Karageorge moved to continue the elections to the next meeting. Mr. Foot seconded the motion that unanimously passed. III. Approval of Minutes of 11/19/08 and 12/17/08 Motion Mr. Foot moved approval of the minutes with the corrections noted in the meeting materials. Mr. LaTour seconded the motion that unanimously passed. It was clarified the motion was to approve both sets of minutes. IV. Approval of Agenda Willie Webb, Code Officer made the following changes to the agenda: Case #08-3227 was tabled to March 18, 2009. 1 7 Regulars - 2 Alternates Staggered Three-year terms for Regulars One-year Terms for Alternates "stablished per Ordinance No. 79-28 2009 CODE COMPLIANCE BOARD Members: EXDires p CARROLL, Kathleen 12/09 22C Crossings Cir (33435) Appt'd 4/3/07 ;A COSTANTINO, Michele - Chair 12/11 155 Flamingo Dr (33435) Appt'd 12/16/08 f FOOT, Robert 12/10 760 E. Ocean Ave Appt'd 4/5/05 Coastal Towers #507N (33435-5176) OPEN 12/10 f KARAGEORGE, Mark 12/10 240A Main Blvd. (33435) Appt'd 12/18/07 f LATOUR, Jamie 12/09 1613 NE 4th Street (33435) Appt'd 08/19/08 P YERZY, Richard - Vice Chair 12/11 26 Hastings Lane (33426) Appt'd 12/16/08r Alternates: OPEN 12/09 12/09 OPEN Board Attorney: Assistant City Attorney 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 CITY EMPLOYEE REPRESENTATIVE: Phone Profession 350-6445 Investigator for State of Florida 523-8909 Dir. of Student Servs. camormom@comcast.net 734-7290 Retired (Finance) 414-6099 Asst. Property Mngr. 735-7408 Supervisor Eagle215@bellsouth.net 641-2941 12yerzy@aol.com Retired Court r Reporter (561) 742-6050 (leave message) (561) 742-6054 (FAX) BLASIE, Scott - Code Compliance Admin. Updated: 1/21/2009 4 S:\CC\WP\BOARDS\LISTS\2009 Board Lists\CODE COMPLIANCE BD.doc Meeting Minutes Code Compliance Board Boynton Beach, Florida January 21, 2009 Motion Mr. Foot moved to table Case # 08-3227 until the Code Compliance Board meeting to be held on March 18, 2009. Ms. Carroll seconded the motion that unanimously passed. Officer Webb reported the following: Case #'s 08-3322, 08-3382, 08-3427, 08-3431, 08-3501,08-3762,08-3147,08-3834 complied. Case #'s 08-3838 and 08-3810 were removed. Motion Ms. Carroll moved to approve the agenda as amended. Mr. Karageorge seconded the motion that unanimously passed. V. Swearing in of Witnesses and Introductions Attorney Tolces explained the hearing procedures and administered the oath to all who would be testifying. VI. New Business Officer Webb called the roll and determined who was present. Scott Blasie, Code Compliance Administrator, noted there were attorneys present for A Safe Place, LLC and Lancore Nursery. He suggested, as a professional courtesy to hear those cases first in the order they appear on the agenda. There were no objections noted. Case #08-2469 A Safe Place LLC 146 SE 27th PI. James Dougherty, Attorney for the Respondent, 7491 N. Federal Highway, Boca Raton, explained he was present a month ago with a representative from ECI Construction. Mr. Dougherty advised Green Tech Solar Solutions had appeared and failed to obtain permits. The representative filed an application for the permit retroactively. ECI Construction, who also applied for a permit earlier would do the work. ECI was told they needed electrical load calculations, which should be submitted by the end of the week. Mr. Dougherty requested his client be given time to submit them to the department. Mr. Dougherty was aware the fine was accruing, and he anticipated the work would be completed within 30 days. 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 21, 2009 luney Guillaume, Code Officer, presented the case as contained in the staff report and for the record. The violation pertained to obtaining a Business Tax Receipt. Motion Ms. Carroll moved to table Case # 08-2469 until the Code Compliance Board meeting to be held on February 18, 2009. Mr. Foot seconded the motion that unanimously passed. Mr. Blasie clarified there was another attorney present. Case #06-1890 Harold J. Chastain Tr. 700 W. Boynton Beach Blvd. North lake Foods, Inc. Mr. Blasie presented the case as contained in the staff report. The violation involved a light pole that was not replaced. On January 20th, compliance was documented; however, it was not known exactly when the pole was replaced because staff was not contacted. The building had been vacant for some time. Mr. Blasie had one photo of the missing light pole, and three photos taken this date. Before the Respondent qualified for lien reduction, outstanding water bills were paid, trash was removed, and an electrician was hired to fix light fixtures that vandals broke. The estimate in the file for the electrical repairs was approximately five thousand dollars. The Respondents also had to remove, or cover, the Waffle House signs due to the Sign Code. Mr. Blasie showed the photos to counsel and the Board. Ken Dodge, Attorney for the Respondent, 2044 SW Mockingbird Lane, Palm City, explained his client purchased the property and entered into a lease with Northlake Foods to operate the Waffle House in 1993. Mr. Chastain relied on Northlake Foods to maintain the property. In 2006, there was a Code violation for the light pole and the information was forwarded to Northlake Foods. A letter from Northlake Foods was provided to Officer Cain requesting they be notified of any problems, and their management team would address the violations. The Respondent believed when Northlake sent the letter, the problem was addressed. Northlake Foods was in bankruptcy. The property sold in December, and that was when his client became aware of the lien. They worked diligently to address the violations, and obtain compliance. The new owner was a veterinarian who was planning on expanding the size of the building by about 2,000 feet, and perhaps have boarding facilities. Motion Based on testimony and evidence presented in Case #06-1890, 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. Karageorge moved that this Board reduce the fines instituted in Case #06-1890, by 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 21, 2009 virtue of this Board's Order of November 15, 2006, to an amount of $20,000, including administrative costs. The motion died for lack of a second. Mr. Foot indicated five thousand dollars was more in keeping with other reductions the Board had made. Mr. Dodge explained considerable funds were spent repairing and maintaining the property. Motion Based on testimony and evidence presented in Case #06-1890, 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. Foot moved that this Board reduce the fines instituted in Case #06-1890, by virtue of this Board's Order of November 15, 2006, to an amount of $5,000, including administrative costs. Mr. LaTour seconded the motion that unanimously passed. Mr. Blasie explained the lien reduction appeal procedures to Mr. Dodge. Case #07-2238 Lancore Nursery LLC 2632 N. Federal Hwy. Mr. Blasie explained a lien reduction for this case was heard on July 16, 2008 and staff was bringing it back because the compliance date he gave the Board was not the correct date. Bonnie Miskel, Attorney for Lancore Nursery, 5355 Town Center Road, Boca Raton was present and advised the case pertained to squatters. When the case was noticed, her client had given their neighbor, who was a developer building townhomes on the north end of Boynton Beach, permission to park some of their trucks on the property. The neighbor dumped construction materials on the property, fenced the area and locked the property owner out of their property. Her client asked them to leave. The neighbor did not leave. Lancore Nursery filed a lawsuit against the neighbor and their construction company to remove the equipment, fence, locks and other items improperly placed on the property. Since then, the neighbor went into bankruptcy and the case has not been settled. The parties attended mediation and there was agreement the nursery could possess the property in order to maintain it. On January 12, 2008, the property was brought into compliance. Ms. Miskel explained her clients have a contract with a company to maintain the property and she requested a further reduction of the lien. Ms. Miskel distributed information on the lawsuit to the Board members. 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 21, 2009 Motion Based on testimony and evidence presented in Case #07-2238, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Karageorge moved that this Board reduce the fines instituted in Case #07-22387, by virtue of this Board's Order of September 19, 2007, to an amount of $1,430.15, including administrative costs. Mr. LaTour seconded the motion. Mr. Karageorge clarified the motion included the Board was vacating the prevIous decision. Mr. LaTour agreed with the clarification. Vote The motion unanimously passed. Case #08-3728 Property Address: Violation(s): Charles R. Herring, Sr. 134 SE 8th Avenue LOR CH20 SEC. 10-56 INC CO CH15 SEC 15-120(0) INC CO CH 15 SEC 15-120 (B) 1 Install four-inch numbers on property visible from street. Remove trash and debris, repair inoperable and unregistered vehicles John Herring, Code Officer presented the case as contained in the staff report. He reported the Respondent installed the house numbers, repaired the vehicles and ninety percent of the work was done. Officer Herring distributed photos to the Board and advised the Respondent was present. For the record, Officer Herring declared he was not related to the Respondent. Charles Herring, 134 SE 8th Avenue, pled no contest and requested a few more weeks to complete the work. He had some personal problems with his son and was on rotation with his job. The remaining car was unregistered and he called to have the car removed, but each time the company never showed. Motion Based on the testimony and evidence presented in Case #08-3728, Mr. Karageorge moved that this Board find that Charles R. Herring, Sr., 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 5, 2009. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 21, 2009 Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past February 5, 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. Foot seconded the motion but suggested the fine be a minimum of $100 as the Respondent was a repeat violator. Mr. Karageorge amended his motion to reflect the fine was $100. Mr. Foot seconded the motion that passed 4-1 (Ms. Carroll dissenting) Case #08-2685 Linda Shelton & Nancy Morrow 1614 N. Seacrest Blvd. Pete Roy, Senior Code and Rehabilitation Officer, presented the case as contained in the staff report, and reported some of the trash and debris was removed, and the house was occupied. Officer Roy showed photos to the Board and the Respondent. Linda Shelton, 1614 N. Seacrest Boulevard, informed the Board the photos were not recent. She replaced the window glass, covered the electrical items, and removed the extension cords. She painted the inside of the house. When the slab was added for the washing machine, they covered the outlet in the utility room and had to run a hose around the side of the home to the main line. An electrician was hired and there were no exposed wires in the home. Ms. Shelton advised she was given until January 21, 2009 to correct the violations and she was trying to comply. She intended to apply to the City for assistance with the repairs but went back into the hospital. She was the only one working on correcting the items and she was on disability. Ms. Shelton advised she would be able to get work done around the 30th of the month, when she received her disability check. She added she also had a $1,000 light bill to pay and she did what she was able to do. She purchased a lawnmower and a weed eater. Officer Roy explained he inspected the property this date, but had not gone inside. Officer Cain had inspected the inside last week. Ms. Shelton disputed the inspection. Officer Roy suggested tabling the matter. The property was posted on December 31, 2008. The green card was signed by Mr. Shelton, but he was not part owner of the house. Ms. Shelton contended she was unaware of the notice as she was in the hospital. Motion Mr. LaTour moved that Case #08-2685 be tabled until the Code Compliance Board meeting to be held on February 18, 2009. Mr. Karageorge seconded the motion. Ms. Shelton acknowledged she understood the $500 per day fine was still running, but she did not know someone was supposed to appear. She reiterated she was in the 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 21, 2009 hospital October 2, 2008 for six weeks. She was out one half day and went in for another two weeks. Vote There was a vote on the motion that unanimously passed. Case #07-2482 Betty L & Lloyd Smith 1970 NW 1st St. Mr. Blasie presented the case as contained in the staff report. A photograph taken September 19, 2008 and two photos taken this date, were shown to the Realtor and the Board. Andre Harris, Property Manager for Exit Realty, explained they received the listing and went through the eviction process. The day the property was vacated, they had a crew correct the violations. When that was completed, the back door of the home was broken into, so the door was secured with wood. The home was broken into a second time, and then a third time. Each time they secured the home. They also took locks off, and put chains and a padlock on the fences. Mr. Harris had photos the day the eviction occurred showing the crew on the premises. Exit Realty listed the property on October 18, 2008. The property inspection was delayed because of the multiple break-ins. The eviction was filed in September 2008. The writ was issued on October 18, 2008 with possession occurring towards the end of October. Full compliance, due to subsequent break-ins was January 16, 2009. Mr. Harris reported the house was under contract and the party was ready to move in once the case was resolved. Motion Based on testimony and evidence presented in Case #07-2482, 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. Foot moved that this Board reduce the fines instituted in Case #07-2482, by virtue of this Board's Order of September, 19, 2007, to an amount of $3,230.15, including administrative costs. Ms. Carroll seconded the motion. It was noted the reduction was substantial; however, if someone moved into the home and maintained it, they would be doing the City a service. Vote There was a vote on the motion, which unanimously passed. Case #08-3846 Property Address: Violation(s): Rosena Estella 514 NE 2nd Street CO CH 13 SEC. 13-16 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 21, 2009 CO CH 15 SEC. 15-120(0) Inc Obtain Business Tax Receipt. Remove unlicensed & inoperable vehicles. Officer Webb presented the case as contained in the staff report. The property was posted and regular mail sent. The Respondent was present. Rosena Estella, 2430 N. Seacrest Boulevard, pled no contest and requested 30 days to cure the violations. Mr. Foot noted she was a repeat violator and suggested a heavy fine and a short time to correct the violations be given. Motion Based on the testimony and evidence presented in Case #08-3846, Mr. Foot moved to find that Rosena Estella is in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondent correct the violations on or before February 5, 2009. Based on the evidence presented in this case, the Board finds a repeat violation of the Code section as cited. Having also considered the gravity of the violations, the actions take by the Respondent, the Board hereby orders that should the Respondent fail to comply with this order, a fine in the amount of $100 per day, shall be imposed for each day the violation continues past February 5, 2009 plus administrative costs. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this order. Mr. Karageorge seconded the motion that passed unanimously. Officer Luney translated for Ms. Estella and advised the Respondent needed more than 15 days. Mr. Yerzy explained that was all she was given. Case #08-3434 Property Address: Violation(s): South Florida Property Venture 200 Knuth Rd. CO CH9 SEC. 9-22(C) Fire inspection annual fees. Mr. Blasie presented the case as contained in the staff report. The case was a referral from the Fire Department for an unpaid fee of $50. Mr. Blasie read the above section of the Code. The Respondent was present. Warren Izard, 200 Knuth Road, Suite 100, the owner of the building, where South Florida Property was a tenant pled not guilty. He explained he was before the Board a few months ago on a similar case, which was dismissed because of confusion who the responsible party was. The City then enacted new language for the Code to make it clearer for the purpose of collections. His case was from 2007 and he, as the property owner, was not notified. The tenant in this case, and the next, were default tenants, who disappeared without paying rent or honoring the terms of their lease agreement. It was 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 21, 2009 likely the tenant was billed by the City, however, Mr. Izard was notified more than a year later he was obligated for the expense. The Code amendment copied the property owner of bills sent to tenants. Mr. Izard discussed the matter with the City Attorney's Office and the language indicated the responsibility is one of several parties. If the business was billed, he did not understand why he was being billed without sending a certified letter to the business. He emphasized the legislation was changed, after the tenant incurred the bill and only after the Code amendment, was he notified. He asserted he never had a fair opportunity to collect. Attorney Tolces declared he had spoken with Mr. Izard previously and explained it was the property owner's responsibility to ensure the tenant paid. If the tenant did not pay, it went to the property owner. Mr. Blasie pointed out the original ordinance also held the owner of a commercial enterprise responsible. For clarification, they made the decision to go back to the City Commission for an interpretation. The recently amended Ordinance only went a step further, to identify and notice owners of commercial properties being responsible. Mr. Izard rents business space to others in a building he owned. Mr. Izard debated the prior policy and procedures in reference to these cases. The Board noted the case was similar to when people rented dumpsters and moved out. The new owners pay. Motion Based on the testimony and evidence presented in Case #08-3434, Mr. Foot moved that this Board find that South Florida Property Venture 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 31, 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 31, 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. Karageorge seconded the motion that unanimously passed. Case #08-3437 Property Address: Violation(s): South Florida Property Venture 200 Knuth Rd. CO CH9 SEC. 9-22(C) Fire inspection annual fees. Mr. Blasie presented the case as contained in the staff report. The recommendation was to allow 30 days to obtain compliance. 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 21, 2009 Warren Izard, 200 Knuth Road, pled not guilty. Mr. Izard inquired if the notice sent to the business was by certified mail. Mr. Blasie responded the violation notice was not required to be sent by certified mail; only the hearing notices. The certified mail containing the hearing notice was sent on December 15, 2008, but not returned. The green card was not returned, nor was the certified mail number on the letter. Mr. Izard noted businesses usually leave forwarding addresses, which would be contained on the returned green card. Then the City could collect from the original party. He suggested the City collect the Fire inspection fee when parties applied for their occupational license. It was noted there were legal ramifications regarding collecting fees for inspections not performed, as the inspection must occur first. Motion Based on the testimony and evidence presented in Case #08-3437, Mr. LaTour moved that this Board find that South Florida Property Venture 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 31, 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 31, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Mr. Izard wanted assurances he would be notified when the inspection fees were due. Mr. Izard was referred to the Fire Department or the City Manager's Office. It was noted that was part of the Ordinance amendment, which became effective October, 2008. Mr. Karageorge put it on record that he commended Mr. Blasie and Ms. Springer, for working with the Fire Department to catch issues that fell through the cracks. Mr. Blasie appreciated the comment, but pointed out the credit belonged to his staff. The Board recessed at 8:42 p.m. The Board reconvened at 8:50 p.m. Mr. Blasie explained the following cases were for inspection fees owed to the City. The recommendation given was to comply within 30 days or incur a $50 per day fine: Case #08-3181 Louis J. Appignani Charitable Trust II - Pamela M. Dixon 2240W. Woolbright Road, 315 CO CH9 SEC. 9-22(C) Fire inspection annual fees. Property Address: Violation(s): 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 21, 2009 Mr. Blasie presented the case as contained in the staff report. Motion Based on the testimony and evidence presented in Case #08-3181, Mr. Foot moved that this Board find that Louis J. Appignani Charitable Trust II - Pamela M. Dixon 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 February 20, 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 February 20, 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. Karageorge seconded the motion that unanimously passed. Case #08-3237 137 Woolbright Inc. Guaranteed Tax Service Inc. 137 E. Woolbright Rd. CO CH9 SEC. 9-22(C) Fire inspection annual fees. Property Address: Violation(s): Mr. Blasie presented the case as contained in the staff report. Motion Based on the testimony and evidence presented in Case #08-3237, Mr. LaTour moved that this Board find that 137 Woolbright Inc. Guaranteed Tax 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 February 20, 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 February 20, 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. Ms. Carroll seconded the motion that unanimously passed. Case #08-3265 Desiderio Corp. Ross's School of Karate 2755 S. Federal Hwy CO CH9 SEC. 9-22(C) Fire inspection annual fees. Property Address: Violation(s): 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 21, 2009 Mr. Blasie presented the case as contained in the staff report. Motion Based on the testimony and evidence presented in Case #08-3265, Mr. Foot moved that this Board find that Desidero Corp, Ross's School of Karate 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 February 20, 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 February 20, 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. Ms. Carroll seconded the motion that unanimously passed. Case #08-3269 Princeton Industries, Inc. Princeton Kitchen & Bath Gallery 110 Commerce Road CO CH9 SEC. 9-22(C) Fire inspection annual fees. Property Address: Violation(s): Mr. Blasie presented the case as contained in the staff report Motion Based on the testimony and evidence presented in Case #08-3269, Mr. Karageorge moved that this Board find that Princeton Industries, Inc., Princeton Kitchen and Bath Gallery 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 February 20, 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 February 20, 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. Ms. Carroll seconded the motion that unanimously passed. Case #08-3270 Yachtsman Properties - Calebs Hair Design 1550 N. Federal Hwy CO CH9 SEC. 9-22(C) Fire inspection annual fees. Property Address: Violation(s): 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 21, 2009 Mr. Blasie presented the case as contained in the staff report. Motion Based on the testimony and evidence presented in Case #08-3270, Mr. LaTour moved that this Board find that Yachtsman Properties, Calebs Hair Design 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 February 20, 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 February 20, 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. Ms. Carroll seconded the motion that unanimously passed. Case #08-3298 Desiderio Corp. Enzo's Cafe Royale 2755 S. Federal Hwy CO CH9 SEC. 9-22(C) Fire inspection annual fees. Property Address: Violation(s): Mr. Blasie presented the case as contained in the staff report. Motion Based on the testimony and evidence presented in Case #08-3298, Mr. Foot moved that this Board find that Desiderio Corp. Enzo's Cafe Royale 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 February 20, 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 February 20, 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. Ms. Carroll seconded the motion that unanimously passed Case #08-3311 Yachtsman Properties Transcom Caribbean Market 1550 N. Federal Hwy Unit 11 CO CH9 SEC. 9-22(C) Fire inspection annual fees. Property Address: Violation(s): 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 21, 2009 Mr. Blasie presented the case as contained in the staff report and pointed out the market owner was planning on paying the fine tomorrow. Motion Based on the testimony and evidence presented in Case #08-3311, Mr. LaTour moved that this Board find that Yachtsman Properties, Transcom Caribbean Market 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 February 20, 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 February 20, 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. Ms. Carroll seconded the motion that unanimously passed. Case #08-3312 D.L. Violet Folsom - Rhino Shine 224 SE 6th Avenue CO CH9 SEC. 9-22(C) Fire inspection annual fees. Property Address: Violation(s): Mr. Blasie presented the case as contained in the staff report. Motion Based on the testimony and evidence presented in Case #08-3312, Mr. LaTour moved that this Board find that D.L. Violet Folsom - Rhino Shine 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 February 20, 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 February 20, 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. Ms. Carroll seconded the motion that unanimously passed. Case #08-3323 Property Address: Violation(s): Job Sylvain, AJ Partners 1220 S. Federal Hwy. CO CH9 SEC. 9-22(C) Fire inspection annual fees. Mr. Blasie presented the case as contained in the staff report. 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 21, 2009 Motion Based on the testimony and evidence presented in Case #08-3323, Mr. LaTour moved that this Board find that Job Sylvain, AJ Partners 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 February 20, 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 February 20, 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. Ms. Carroll seconded the motion that unanimously passed. Case #08-3328 Ivan & Orlando Barrios Maxima Protection 3449 High Ridge Road CO CH9 SEC. 9-22(C) Fire inspection annual fees. Property Address: Violation(s): Mr. Blasie presented the case as contained in the staff report. Motion Based on the testimony and evidence presented in Case #08-3328, Mr. Foot moved that this Board find that Ivan & Orlando Barrios Maxima Protection 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 February 20, 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 February 20, 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. Ms. Carroll seconded the motion that unanimously passed. Case #08-338 (sic) Case $08-3338 Property Address: Violation(s): Yachtsman Properties Pop's Restaurant & Sports Bar 1550 N. Federal Hwy 1 CO CH9 SEC. 9-22(C) Fire inspection annual fees. Mr. Blasie presented the case as contained in the staff report. 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 21, 2009 Motion Based on the testimony and evidence presented in Case #08-3338, Mr. Foot moved that this Board find that Yachtsman Properties, Pop's Restaurant & Sports Bar 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 February 20, 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 February 20, 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. Ms. Carroll seconded the motion that unanimously passed. Case #08-3339 Pisa Inc. Custom Plastering Storm Shutters 215 SE 8th Avenue CO CH9 SEC. 9-22(C) Fire inspection annual fees. Property Address: Violation(s): Mr. Blasie presented the case as contained In the staff report and noted both Respondents were repeat violators. Motion Based on the testimony and evidence presented in Case #08-3339, Mr. Foot moved that this Board find that Pisa Inc., 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 February 20, 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 $100 per day for each day the violation continues past February 20, 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. Karageorge seconded the motion that unanimously passed. Case #08-3378 Yachtsman Properties, LLC Positive Education Solutions 1600 N. Federal Hwy. CO CH9 SEC. 9-22(C) Fire inspection annual fees. Property Address: Violation(s): 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 21, 2009 Mr. Blasie presented the case as contained in the staff report. Motion Based on the testimony and evidence presented in Case #08-3378, Mr. LaTour moved that this Board find that Yachtsman Properties, LLC Positive Education Solutions 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 February 20, 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 February 20, 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. Ms. Carroll seconded the motion that unanimously passed. Case #08-3801 First Impressions Academy of Boynton Inc. 3520 Old Boynton Rd. CO CH9 SEC. 9-22(C) Fire inspection annual fees. Property Address: Violation(s): Mr. Blasie presented the case as contained in the staff report. Motion Based on the testimony and evidence presented in Case #08-3801, Ms. Carroll moved that this Board find that First Impressions Academy of Boynton 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 February 20, 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 February 20, 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 #08-3811 Property Address: Violation(s): Patricia Rossiello 2625 SE 5th Circle CO CH9 SEC. 9-22(C) False alarm fine. Mr. Blasie presented the case as contained in the staff report. The recommendation given was to allow 10 days, for compliance. It was noted the Respondent was a repeat 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 21, 2009 violator. The Respondent had their fines waived once, then partially, a second time. This was the third fine. Motion Based on the testimony and evidence presented in Case #08-3811, Mr. Foot moved that this Board find that Patricia Rossiello 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 31, 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 31, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case #08-3550 Property Address: Violation(s): Gloria H. Washam 124 Arthur Court CO CH15-ART.IX-15-120(E) Inc CO CH 15 SEC. 15-120(0) Inc Remove trailer and all storage from carport, mow yard and paint house. Pete Roy, Chief Code and Rehabilitation Officer, presented the case as contained in the staff report. The recommendation given was to allow 30 days, for compliance. The Respondent was a repeat violator. Motion Based on the testimony and evidence presented in Case #08-3550, Mr. Karageroge moved that this Board find that Gloria H. Washam 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 20, 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 $150 per day for each day the violation continues past 20, 2009 February plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case #08-3861 Property Address: John W. Field, Jr. 311 Ocean Pkwy 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 21, 2009 Violation(s): CO CH 15 SEC. 15-120(0) Inc Mow and maintain vacant lot. Officer Roy presented the case as contained in the staff report and noted the Respondent was a repeat violator. The recommendation given was to allow 10 days for compliance. Motion Based on the testimony and evidence presented in Case #08-3861, Mr. Karageorge moved that this Board find that John W. Field, Jr. is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before January 31, 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 31, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case #08-3927 Property Address: Violation(s): Jean Dubique 3140 E. Atlantic Drive CO CH 15 SEC. 15-120(0) Inc Repair gate, remove steel from front yard. Officer Roy presented the case as contained in the staff report. The recommendation given was to allow 10 days for compliance. Motion Based on the testimony and evidence presented in Case #08-3927, Mr. LaTour moved that this Board find that Jean Dubique 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 31, 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 31, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 21, 2009 Case #08-3671 Property Address: Violation(s): Henry Sharp 1611 NE 3rd Street CO CH 13 SEC. 13-16 Business Tax Receipt required to rent home. Officer Guillaume presented the case as contained in the staff report. The recommendation given was to allow 10 days for compliance. Motion Based on the testimony and evidence presented in Case #08-3671, Mr. Karageorge moved that this Board find that Henry Sharp 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 31, 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 31, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case #08-3700 Property Address: Violation(s): Verdell Morris 112 NE 16th Ave. CO CH 15 SEC. 15-120(D)1A Inc Remove unlicensed & inoperable vehicle from carport. Officer Guillaume presented the case as contained in the staff report. The recommendation given was to allow 10 days for compliance. Motion Based on the testimony and evidence presented in Case #08-3700, Ms. Carroll moved that this Board find that Verdell Morris 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 31, 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 31, 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. Karageorge seconded the motion that unanimously passed. 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 21, 2009 Case #08-3408 Property Address: Violation(s): Diane R. Copeland Tr. 902 S. Seacrest Blvd. CO CH 15 SEC. 15-120(0) Inc Mow, weed and trim property. Officer Herring presented the case as contained in the staff report. The recommendation given was to allow 10 days for compliance. The Respondent was a repeat violator. Motion Based on the testimony and evidence presented in Case #08-3408, Mr. Karageorge moved that this Board find that Diane R. Copeland Tr. is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before January 31, 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 31, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case #08-3642 Property Address: Violation(s): April Purvis 145 SE 11th Ave. BBA FBC '04 105.1.1 Secure permit for fence installation. Officer Herring presented the case as contained in the staff report. The recommendation given was to allow 10 days for compliance. Motion Based on the testimony and evidence presented in Case #08-3642, Ms. Carroll moved that this Board find that April Purvis 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 31, 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 31, 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. 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 21, 2009 Case #08-3712 Property Address: Violation(s): Bradley & Amanda Sosnowski 124 SE 10th Ave. CO CH 15 SEC. 15-120(0) Inc Mow & trim property. Remove trash and debris. Officer Herring presented the case as contained in the staff report. The recommendation given was to allow 10 days for compliance. He noted the Respondent was a repeat violator. Motion Based on the testimony and evidence presented in Case #08-3712, Mr. Karageorge moved that this Board find that Bradley & Amanda Sosnowski 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 31, 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 31, 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. Ms. Carroll seconded the motion that unanimously passed. Case #08-3850 Property Address: Violation(s): Peta Gay Dunn 121 SE 12th Ave. CO CH 10 SEC. 10-60(B) For safety purposes, remove boards from windows. Officer Herring presented the case as contained in the staff report. The recommendation given was to allow 10 days for compliance. The violation was a health and safety issue. Motion Based on the testimony and evidence presented in Case #08-3850, Mr. Foot moved that this Board find that Peta Gay Dunn 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 31, 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 $250 per day for each day the violation continues past January 31, 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 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 21, 2009 the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case #08-2156 Property Address: Violation(s): Allied Global Holdings, LLC 3461 High Ridge Road BBA FBC '04 105.1.1. Electrical & building/structural permits required. Red tagged. Officer Lewis presented the case as contained in the staff report. The recommendation given was to allow 60 days for compliance. Motion Based on the testimony and evidence presented in Case #08-2156, Mr. Foot moved that this Board find that Allied Global Holdings, 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 March 22, 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 March 22, 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. The motion unanimously passed. Case #08-3407 Property Address: Violation(s): T System Tile & Marble SW 30th Avenue CO CH 15 SEC. 15-120(0) Inc CO CH1 0 SEC.1 0-2 Mow and cut overgrowth on vacant parcel and swale area. Remove invasive Florida Holly trees, trash and debris. Officer Lewis presented the case as contained in the staff report. The recommendation given was to allow 15 days for compliance. Motion Based on the testimony and evidence presented in Case #08-3407, Mr. LaTour moved that this Board find that T System Tile & Marble 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 5, 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, 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 21, 2009 a fine in the amount of $50 per day for each day the violations continue past February 5, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case #08-3527 Property Address: Violation(s): 1300 W. Industrial LLC 1370 W. Industrial Avenue 119 BBA FBC '04 105 1.1. Secure permits required by the Building Department. Officer Lewis presented the case as contained in the staff report. The recommendation given was to allow 30 days for compliance. Motion Based on the testimony and evidence presented in Case #08-3527, Mr. Karageorge moved that this Board find that 1300 W. Industrial 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 February 20, 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 February 20, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case #08-3843 Property Address: Violation(s): Greentree II Plaza Group Inc 3469 W. Boynton Beach Blvd. 19 BBA FBC '04 105 1.1. Permit required for walls installed. Red tagged. Officer Lewis presented the case as contained in the staff report. The recommendation given was to allow 60 days for compliance. Motion Based on the testimony and evidence presented in Case #08-3843, Mr. Foot moved that this Board find that Greentree II Plaza Group 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 March 22, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 21, 2009 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 March 22, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case #08-3857 Property Address: Violation(s): Ruguilda & Joseph Philippe 24 Peachtree Place CO CH 13 SEC. 13-56 (A-G) CO CH13 SEC. 13-16 Remove trash & debris from property. Mow and trim overgrowth. Repair structure inside and out. Pressure clean and paint structure, clean roof. Business tax receipt needed to rent residence. Officer Lewis presented the case as contained in the staff report. The recommendation given was to allow 15 days for compliance. Motion Based on the testimony and evidence presented in Case #08-3857, Mr. LaTour moved that this Board find that Ruguilda & Joseph Philippe 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 February 5, 2009. 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 February 5, 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. Karageorge seconded the motion that unanimously passed. Case #08-3900 Property Address: Violation(s): Raymond P. Marasco 1504 SW 18th Street CO CH 13 SEC. 13-56 (A-D) Remove trash & debris from property. Mow and trim overgrowth. Pressure clean roof and driveway. 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 21, 2009 Officer Lewis presented the case as contained in the staff report. The recommendation given was to allow 15 days for compliance. Motion Based on the testimony and evidence presented in Case #08-3900, Mr. Karageorge moved that this Board find that Raymond P. Marasco 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 February 5, 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 February 5, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case #08-3901 Property Address: Violation(s): Raymond P. Marasco 1704 SW 18th Street CO CH 13 SEC. 13-56 (A-D) Remove trash & debris from property. Mow and trim overgrowth. Pressure clean roof and driveway. Officer Lewis presented the case as contained in the staff report. The recommendation given was to allow 15 days for compliance. Motion Based on the testimony and evidence presented in Case #08-3901, Mr. Foot moved that this Board find that Raymond P. Marasco 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 February 5, 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 February 5, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case #08-3705 Property Address: Violation(s): Renan & Iva Laurore 504 NW 12th Avenue CO CH15 SEC. 15-120(E) Inc 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 21, 2009 Mow grass and weeds. Remove trash. Mike Melillo, Senior Code Compliance Officer, presented the case as contained in the staff report. The recommendation given was to allow 10 days for compliance. Motion Based on the testimony and evidence presented in Case #08-3705, Ms. Carroll moved that this Board find that Renan & Iva Laurore 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 31, 2009. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past January 31, 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 #08-3706 Property Address: Violation(s): Larry A. Gamble Sr. 230 NW 12th Ave. CO CH15 SEC 15-120(0) Inc Remove trash & debris from property. Officer Melillo presented the case as contained in the staff report. The recommendation given was to allow 10 days for compliance. Motion Based on the testimony and evidence presented in Case #08-3706, Ms. Carroll moved that this Board find that Larry A. Gamble Sr. 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 31, 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 31, 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 #08-3729 Property Address: Guy Estella 401 NW 4th Ave. 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 21, 2009 Violation(s): LOR CH20 SEC. 10-56 INC CO CH15 SEC 15-120(0) Inc Install four-inch number on home. Repair or replace driveway. Officer Melillo presented the case as contained in the staff report. The recommendation given was to allow 10 days for compliance. Motion Based on the testimony and evidence presented in Case #08-3729, Mr. Foot moved that this Board find that Guy Estella 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 31, 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 $250 per day for each day the violations continue past January 31, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case #08-3731 Property Address: Violation(s): Gwendolyn Facison 908 NW 1 st St. CO CH15 SEC 15-120(0) Inc Remove unregistered and inoperable car. Remove trash. Officer Melillo presented the case as contained in the staff report. The recommendation given was to allow 10 days for compliance. Motion Based on the testimony and evidence presented in Case #08-3731, Mr. LaTour moved that this Board find that Gwendolyn Facison 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 31, 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 31, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. 28 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 21, 2009 Case #08-3743 Property Address: Violation(s): Evaughan Lane NW 11th Ave CO CH15 SEC. 15-120(0) Inc Mow grass and weeds in vacant lot. Officer Melillo presented the case as contained in the staff report. The recommendation given was to allow 10 days for compliance. The property was a vacant parcel of land. Motion Based on the testimony and evidence presented in Case #08-3743, Ms. Carroll moved that this Board find that Evaughan Lane is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before January 31, 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 31, 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. Karageorge seconded the motion that unanimously passed. Case #08-3911 Property Address: Violation(s): James B. & Crystal Pruitt 41 0 N E 3rd St CO CH15 SEC. 15-120(0) Inc Mow grass and weeds. Officer Melillo presented the case as contained in the staff report. The recommendation given was to allow 10 days for compliance. The house was foreclosed and was vacant. Motion Based on the testimony and evidence presented in Case #08-3911, Ms. Carroll moved that this Board find that James B. & Crystal Pruitt 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 31, 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 violations continue past January 31, 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. Karageorge seconded the motion that unanimously passed. 29 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 21, 2009 Case #08-3895 Property Address: Violation(s): Jon & Jeannette Lobbe 123 SE 29th Avenue CO CH15 SEC. 15-120(0) Inc Mow and trim yard. Luney Guillaume, Code Compliance Officer, presented the case as contained in the staff report. The recommendation given was to allow 10 days for compliance. Motion Based on the testimony and evidence presented in Case #08-3895, Ms. Carroll moved that this Board find that Jon & Jeannette Lobbe 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 31, 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 violations continue past January 31, 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 #08-3720 Property Address: Violation(s): MAJ Properties LLC 623 N. Railroad Ave. CO CH15 SEC. 15-18 Maintain vacant structures & Premises in a clean, safe, secure condition. Trim overgrowth, remove trash and debris and graffiti from public view. Officer Webb presented the case as contained in the staff report. The recommendation given was to allow 10 days for compliance. Motion Based on the testimony and evidence presented in Case #08-3720, Ms. Carroll moved that this Board find that MAJ Properties 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 31, 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 $150 per day for each day the violation continues past January 31, 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 30 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 21, 2009 the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Officer Webb recommended the following cases be certified at $50 per day: Case #08-3576 Daniel Rose & Patricia Martel 2627 N E 4th St. Motion Based on the testimony and evidence presented in Case #08-3576, Ms. Carroll moved that this Board find that the Respondents have not complied with this Board's Order dated December 17, 2008, and having considered the gravity of the violations, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $50 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. Foot seconded the motion that unanimously passed. Case #08-3188 Benel & Yves Joseph 520 NW 11th Ave. Motion Based on the testimony and evidence presented in Case #08-3188, Ms. Carroll moved that this Board find that the Respondents have not complied with this Board's Order dated December 17, 2008, and having considered the gravity of the violation, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $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. Foot seconded the motion that unanimously passed. Case #08-2646 Dacilas Louis 145 SW 13th Ave. Motion Based on the testimony and evidence presented in Case #08-2646, Ms. Carroll 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 $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. Foot seconded the motion that unanimously passed. Officer Webb recommended the following cases be certified at $100 per day: 31 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 21, 2009 Case #08-2800 Wells Fargo Bank NA 15 Heather Trace Dr. Motion Based on the testimony and evidence presented in Case #08-2800, Mr. Karageorge moved that this Board find that the Respondent has not complied with this Board's Order dated December 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. Case #08-3409 Munoz J. Francisco 816 S. Seacrest Blvd. Motion Based on the testimony and evidence presented in Case #08-3409, Mr. Karageorge moved that this Board find that the Respondent has not complied with this Board's Order dated December 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. Officer Webb recommended the following cases be certified at $250 per day: Case #08-3575 Janis Carter 2407 N E 4th Ct. Motion Based on the testimony and evidence presented in Case #08-3575, Mr. Karageorge moved that this Board find that the Respondent has not complied with this Board's Order dated December 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 $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. Foot seconded the motion that unanimously passed. Case #08-2823 Fredrick Selby 124 SE 29th Ave. Motion Based on the testimony and evidence presented in Case #08-2823, Mr. Karageorge 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, 32 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 21, 2009 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. Foot seconded the motion that unanimously passed. Officer Webb recommended the following cases be certified at "No Fine": Case #08-2789 Bruce N. Ostroy 1258 Via De Fossi Motion Based on testimony and evidence presented in Case #08-2789, Ms. Carroll moved that this Board find that the Respondent, Bruce N. Ostroy 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 November 19, 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. Karageorge seconded the motion that unanimously passed. Case #08-3538 Realty Acquisitions & Trust 2319 S. Federal Hwy. Motion Based on testimony and evidence presented in Case #08-3538, Ms. Carroll moved that this Board find that the Respondent, Realty Acquisitions & Trust was in violation of the City of Boynton Beach Code sections as cited subsequent to the date of compliance specified in the Board's Order of December 17, 2008, and in consideration of the gravity of the violations and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent, that this Board impose and certify "No Fine." Mr. Karageorge seconded the motion that unanimously passed. Case #08-3183 Lillie Mae Phillips Et AI 518 NW 10th Ave. Motion Based on testimony and evidence presented in Case #08-3183, Ms. Carroll moved that this Board find that the Respondents, Lillie Mae Phillips Et AI, 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 December 17, 2008, and in consideration of the gravity of the violations and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent, that this Board impose and certify "No Fine." Mr. Karageorge seconded the motion that unanimously passed. 33 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 21, 2009 Case #08-3320 Leon I & Gail R. Jenkins 134 NW 10th Ave. Motion Based on testimony and evidence presented in Case #08-3320, Ms. Carroll moved that this Board find that the Respondents, Leon I & Gail R. Jenkins 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 December 17, 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. Karageorge seconded the motion that unanimously passed. Case #08-3650 David & Jane P. Kislak Tr. 443 SW 7th Ct. Motion Based on testimony and evidence presented in Case #08-3650, Ms. Carroll moved that this Board find that the Respondents, David & Jane P. Kislak Tr. 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 December 17, 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. Karageorge seconded the motion that unanimously passed. Case #08-3658 Regions Mortgage 414 SW 1st. Ave. Motion Based on testimony and evidence presented in Case #08-3658, Ms. Carroll moved that this Board find that the Respondent, Regions Mortgage 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 December 17, 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. Karageorge seconded the motion that unanimously passed. Case #08-3520 Geneva Russell 211 NE 11th Ave. Motion Based on testimony and evidence presented in Case #08-3520, Ms. Carroll moved that this Board find that the Respondent, Geneva Russell 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 December 17, 2008, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violations and the 34 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 21, 2009 previous violations of the Respondent, that this Board impose and certify "No Fine." seconded the motion that unanimously passed. Officer Webb recommended the following cases be tabled to February 18, 2009: Case #08-1604 Jermaine & Regina N. Horne 2090 N E 1 st Lane Motion Ms. Carroll moved that Case #08-1604 be tabled until the Code Compliance Board meeting to be held on February 18, 2009. Mr. Foot seconded the motion that unanimously passed. Case #08-1611 Fresnel & Lucienne Osirus 1640 NE 4th Court Motion Ms. Carroll moved that Case #08-1611 be tabled until the Code Compliance Board meeting to be held on February 18, 2009. Mr. Foot seconded the motion that unanimously passed. Officer Webb recommended the following case be tabled to March 18, 2009: Case #08-836 Gemini Boynton Beach 1 LLC 2290 N. Congress Ave. Motion Ms. Carroll moved that Case #08-836 be tabled until the Code Compliance Board meeting to be held on March 18, 2009. Mr. LaTour seconded the motion that unanimously passed. Case #08-3857 Property Address: Violation(s): Mary & Lewana Logan 403 NE 11th Ave. CO CH15 SEC. 15-120(0) INC LOR CH20 VIII SEC. G(1) Mow grass and weeds. Secure house to keep the public from entering. Remove all trash. Officer Melillo advised this case was brought back. The house was vacant and vandalized. The case was heard and a lien placed on the home and recorded December 1, 2008. Since then the home was totally destroyed and the yard overgrown. Officer Melillo requested an order to board up the home, mow the grass and remove the trash. 35 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 21,2009 Motion Mr. Foot moved to direct the City Commission to take the necessary action to abate the nuisances existing on the property. Ms. Carroll seconded the motion that unanimously passed. Mr. Blasie explained Code Compliance worked with the Legal Department to shorten the nuisance abatement process. It used to be the item had to be placed on the City Commission agenda, now it is treated in the same manner as lien reductions. X. Foreclosures Case #07 -429 Case #07-1992 Ralph and Rosie, Inc Ralph and Rosie, Inc 2007 S. Federal Hwy 2007 S. Federal Hwy. Mr. Blasie requested the Code Board pursue the foreclosures of Case #s 07-429 and 07-1992, pertaining to Ralph and Rosie, Inc. Motion Mr. Karageorge moved to authorize the City Attorney to file foreclosure of the existing Code Board Orders for Case #s 07-429 and 07-1992. Ms. Carroll seconded the motion that unanimously passed. XI. Adjournment There being no further business to discuss, a motion was made and duly seconded to adjourn. The meeting adjourned at 9:24 p.m. Cl. (L-tJU.tuK-l Ch~.u L Catherine Cherry -7 Recording Secretary 012209 36 Page 1 of 1 Cherry-Guberman, Catherine Cherry-Guberman, Catherine Wednesday, February 04,200910:13 AM Atwood, Barry; Blasie,Scott; Canaan Himmelbaum; Immler, Matt; Michele Costantino; Sherrod, Octavia; Springer, Diane Subject: January Code Compliance Board Meeting Minutes Attachments: Minutes 01-21-09,pdf From: Sent: To: for your review. ., I'm shooting for a 100!!! Best, Catherine Cherry Recording Secretary 2/412009 Cherry-Guberman, Catherine From: To: Sent: Subject: System Administrator Michele Costantino Wednesday, February 04,200910:13 AM Undeliverable: January Code Compliance Board Meeting Minutes Your message did not reach some or all of the intended recipients. Subject: Sent: January Code Compliance Board Meeting Minutes 2/4/2009 10: 13 AM The following recipient(s) could not be reached: Michele Costantino on 2/4/2009 10:13 AM The e-mail account does not exist at the organization this message was sent to. Check the e-mail address, or contact the recipient directly to find out the correct address. <MAIL1.cLboynton-beach.f1.us #5.1.1 smtp;550 5.1.1 - Invalid mailbox: camprmom@adelphia.net> 1