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Minutes 03-18-09 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, MARCH 18, 2009, AT 7:00 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Michelle Costantino, Chair Kathleen Carroll Robert Foot Mark Karageorge Kirk LaRock Jamie LaTour James Brake, Alternate Scott Blasie, Code Compliance Administrator David Tolces, Assistant City Attorney ABSENT: Richard Yerzy, Vice Chair I. Call to Order Chair Costantino called the meeting to order at 7:01 p.m. II. Approval of 2/18/09 Minutes Motion Mr. Foot moved to table approval of the minutes. Ms. Carroll seconded the motion that passed unanimously. III. Approval of Agenda Pete Roy, Chief Code and Rehabilitation Officer, requested Case #07-3227 be tabled to April 15, 2009. Motion Mr. Karageorge moved that Case ##07-3227 be tabled until the Code Compliance Board meeting to be held on April 15, 2009. Ms. Carroll seconded the motion that unanimously passed. Officer Roy reported Case #09-12 had complied, and the following cases were removed: #09-286, #09-262, #08-3649 and #09 2666 #09-266. 1 7 Regulars - 2 Alternates Staggered Three-year terms for Regulars One-year Terms for Alternates ~ \ I~ OCI It) " () J p/J, Established per Ordinance No. 79-28 2009 CODE COMPLIANCE BOARD Members: )CARROLL, Kathleen 22C Crossings Cir (33435) /COSTANTINO, Michele - Chair 155 Flamingo Dr (33435) I FOOT, Robert 760 E. Ocean Ave Coastal Towers #507N (33435-5176) / j LAROCK, Kirk 129 SE 27th Place (33435) / KARAGEORGE, Mark 240A Main Blvd. (33435) ~TOUR, Jamie 1613 NE 4th Street (33435) 'f YERZY, Richard - Vice Chair 26 Hastings Lane (33426) - Alternates: /~RAKE, James 710 SW 2ih Terrace (33435) Expires 12/09 Appt'd 4/3/07 12/11 Appt'd 12/16/08 12/10 Appt'd 4/5/05 12/10 Appt'd 2/17/09 12/10 Appt'd 12/18/07 12/09 Appt'd 08/19/08 12/11 Appt'd 12/16/08r 12/09 Appt'd 3/3/09 Phone Profession 350-6445 Investigator for State of Florida 523-8909 Dir. of Student Servs. camprmom(Ci)comcast.net 734-7290 Retired (Finance) 735-9689 Pre Press estrip(Ci)bellsouth. net 414-6099 Asst. Property Mngr. 735-7408 Supervisor Eaale21 5(Ci) bellsouth. net 641-2941 12verzv(Ci)aol.com Retired Court r Reporter 699-3232 Real Estate Agent JamesM Binc(Ci)aol.com ('1~ () ~vl- Assistant City Attorney - (561) 742-6050 (leave message) 100 E. Boynton Beach Boulevard(561) 742-6054 (FAX) Boynton Beach, FL 33435 OPEN Board Attorney: CITY EMPLOYEE REPRESENTATIVE: Updated: 3/18/2009 12/09 BLASIE, Scott - Code Compliance Admin. 5 S:\CC\WP\BOARDS\USTS\2009 Board Lists\CODE COMPUANCE BD.doc C')- f}y~ )(~ ,lfw1 6 ~ #0/1 Lf'hfr<.:j s ,j{)/Il?J ) YPI Meeting Minutes Code Compliance Board Boynton Beach, Florida March 18, 2009 Motion Mr. Karageorge moved to approve the agenda as amended. Ms. Carroll seconded the motion that passed unanimously. IV. Swearing in of Witnesses and Introductions Attorney Tolces set forth the hearing process and administered the oath to all who would be testifying. V. New Business Officer Roy called the roll and determined who was present. Chair Costantino noted it would be necessary for a Board member to act as Vice Chair for this meeting only. Mr. Foot volunteered. Motion Mr. Karageorge moved to approve. Mr. LaTour seconded the motion that passed unanimously. Chair Costantino requested Case #06-1536 and Case #07-86 be heard first, as the parties had their child with them. There was no objection from the Board. Case #06-1536 Dorothy R. Donlon Est. 634 SW 1st Ct. Scott Blasie, Code Compliance Administrator, reported the case had been originally cited on June 22, 2006 for violations to the City's Community Appearance Code relating to the maintenance of the exterior of the structure. No one had appeared at the December 20, 2006 Code Compliance Board hearing, and a compliance date and fine had been ordered on March 20, 2007 at $50 per day. Staff had documented compliance on December 30, 2008, amounting to 650 days of non-compliance, plus administrative costs. Mr. Blasie provided photographs taken March 17, 2009. Richard Kontos, 4230 Emerald Vista, had purchased the foreclosed property on November 16, 2008. The purchase had been made by cash, and as such, title insurance had not been required. In order to cure the violations, Mr. Kontos had replaced the roof, decking, fascia, exterior paint, concrete driveway and landscaping at an approximate cost of $20,000. He had also paid $8,300 in taxes owed for 2006 and 2007. It was noted all violations had been cured in only one month from the time Mr. Kontos took possession of the property. 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 18, 2009 Board comments were as follows: . A nominal fine should be imposed as the neighborhood had suffered a loss in property values. . Administrative costs only should be imposed as Mr. Kontos turned the property around at great expense, and he and his family would be residing at the premises. Motion Based on testimony and evidence presented in Case #06-1536, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Karageorge moved that this Board reduce the fines instituted in Case #06-1536, by virtue of this Board's Order of December 20, 2006, to an amount of $2,326.18, including administrative costs. Mr. Foot seconded the motion that unanimously passed. Case #07-86 Dorothy R. Donlon Est. 634 SW 1st Ct. Mr. Blasie reported the property had originally been cited on January 10, 2007 for violations of the City's Community Appearance Board relating to yard maintenance and repair or replacement of the driveway. The case had been presented to the Board on February 21, 2007, and no one had appeared. The compliance date and fine proposed by the Board was April 22, 2007, or $25 per day. Staff had had documented compliance on December 17, 2008, amounting to 604 days of non-compliance, plus administrative costs. Motion Based on testimony and evidence presented in Case #07-86, Mr. Karageorge moved that this Board find that the Respondent, Dorothy R. Donlon Est., 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 February 21, 2007, and in consideration of the gravity of the violation and the actions taken to remedy the violation and the previous violations of the Respondent, that this Board impose and certify "No Fine." Ms. Carroll seconded the motion. Mr. Foot believed a fine of $1,484 should be imposed. On roll call vote, the motion passed 6-1 (Mr. Foot dissenting). 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 18, 2009 With regard to lien reductions, Mr. Blasie advised the City's ordinances required the Board's decision be reviewed by the City Commission. As such, completed minutes of the meeting would be forwarded to each City Commissioner for review. The Commissioners and the applicant had seven days to review the Board's Order and request an additional review at a City Commission meeting. If no such request was made within seven days, the Board's decision would be final. Case #07-1378 Arthur Swanberg Eric W. Thompson 1989 Campanelli Blvd. Mr. Blasie reported the Respondents had originally been cited on May 11, 2007 for violations pertaining to registering sexual offenders/predators and establishing a residence. The case had been presented to the Board on June 26, 2007, and both Mr. Swanberg and Mr. Thompson had appeared. The compliance date and proposed fine set by the Board was August 12, 2007, or $50 per day. Staff had had documented compliance as of August 25, 2008, the date on which Mr. Thompson vacated the residence. There were 378 days of non-compliance, plus administrative costs. Photographs were not available. It was noted the portion of the minutes of the Lien Reduction meeting of June 28, 2007 relating to this case were included with the meeting materials, and were verbatim at the request of a Commissioner. Attorney Michael Silver, 1515 N. Federal Highway, #300, Boca Raton, and Arthur Swanberg, 1989 Campanelli Blvd. were present. Attorney Silver noted Mr. Swanberg, had been introduced by his daughter to Mr. Thompson in 2007. Mr. Thompson moved into the residence and became Mr. Swanberg's caretaker. Mr. Swanberg had been unaware of any violation until he had received notification of the Code Compliance Board meeting. At that time, Mr. Thompson advised Mr. Swanberg a $50 fine had been imposed for administrative fees, and counsel had been retained to resolve the issue. Liens totaling $19,000 were discovered after Mr. Thompson had been taken into custody by the Illinois Department of Corrections to serve a two-year sentence. Mr. Swanberg had advised his attorney he would never again allow Mr. Thompson into the residence. As the liens amounted to one-third of the value of Mr. Swanberg's Leisureville home, and Mr. Swanberg was living on a fixed income, Attorney Silver requested the Board grant a lien reduction. Highlights of comments from the Board were as follows: . The previous proceedings had not reflected total innocence on the part of Mr. Swanberg, and he should bear some responsibility. 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 18, 2009 . Mr. Swanberg had been aware of the criminal status, yet he allowed Mr. Thompson to stay on as the caretaker, and the residence was within close proximity to children. There were any number of agencies that could have assisted, but none were contacted. . The minutes were clear there was knowledge on the part of Mr. Swanberg. . The issue was controversial and resulted in a loss of quiet enjoyment for the Leisureville community. The fine should be reduced to $2,500, including administrative costs. . A City Commissioner had requested detailed minutes as a result of the gravity of the violation. The issue affected property values in Leisureville, as well as the ability of residents to sell their homes. Attorney Silver contended Mr. Swanberg was unaware of the magnitude of the situation, as he had only been advised that Mr. Thompson's girlfriend was 17 years of age. It was not until Attorney Silver had obtained the information from the Palm Beach County Sheriff's Office that Mr. Swanberg had been made aware Mr. Thompson was a registered sexual offender. While Mr. Swanberg was aware of what was going on, previous minutes reflected consistent attempts by Mr. Thompson to deceive Mr. Swanberg and the Board. Chair Costantino noted there had been a one-year period within which the issue could have been rectified. Mr. Blasie added Messrs. Swanberg and Thompson had each been provided with the identical packet which included the City's ordinance, Notice of Violation and map reflecting the distance of the residence to areas in which children cong regated. Additional Board comments were as follows: . The minutes reflected Mr. Swanberg had been arguing about the constitutionality of the law, and this did not indicate innocence on his part. . A system of checks and balances should be created to prevent a sexual predator from remaining in the residence after the case had been heard by the Board. . Due process had been served. Mr. Swanberg was aware of the situation and allowed it to continue. While he should be afforded some compassion, Mr. Swanberg should be required to pay a fine. 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 18, 2009 Attorney Silver requested a reduction at to 5% of the accrued fine, as Mr. Swanberg had been a victim of circumstances. Motion Based on testimony and evidence presented in Case #07-1378, 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 #07-1378, by virtue of this Board's Order of June 28, 2007, to an amount of $2,500, including administrative costs. Ms. Carroll seconded the motion that unanimously passed. Case #09-360 Frederick D. Ireland 1551 NW 3rd Street CO CH4 SEC.4-32 CO CH4 SEC.4-36 CO CH4 SEC.4-37 CO CH4 SEC.4-4 (C) Dogs "Buster," a Shepherd Mix, and "Bull," a Pit bull, must be humanely secured at owner's property at all times or on a leash when off owner's property. Current tag and registration are required from Palm Beach County. Proof of rabies vaccinations must be submitted. The dogs were tethered between 10:00 a.m. and 5:00 p.m. in violation of tether regulations. Liz Roehrich, Animal Control Supervisor and certified Code Compliance Officer, reported the inspection date was January 2, 2009. She noted Mr. Ireland had obtained the rabies vaccinations for his dogs. The notice was issued verbally on January 2, 2009 and again on January 30, 2009. The Respondent had been advised that the hearing would proceed, as violations had been ongoing for a number of years. Service had been effectuated by certified mail, and the green card was signed on February 21, 2009. Frederick Ireland, 1551 NW 3rd Street, pled no contest. Officer Roehrich had responded to citizens' complaints in March 2005. At that time, there were four adult and eight juvenile dogs running amok in the back yard, suffering from flea infestation and injuries. It had been necessary for Officer Roehrich to lend 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 18, 2009 Mr. Ireland her trap to catch his dogs in his yard. In December 2007, a similar problem arose with three adult and four juvenile dogs. Both incidents had resulted in the issuance of citations, as the animals had not been given rabies shots, nor had license tags been obtained. While Mr. Ireland had promised to give the dogs away, they became the property of the County and were euthanized. There were currently two dogs on the property. One dog ran freely without a leash and the other, registered in his daughter's name, was at times chained in the carport. Mr. Ireland had recently taken the dogs to the veterinarian for rabies shots, but did not purchase the license tags. Officer Roehrich requested a Cease and Desist Order be issued. Mr. Ireland believed the rabies shots and registration had been taken care of at the time he brought the dogs to the veterinarian. While one of the dogs was not leashed, it had been trained to remain in the back yard. As such, Mr. Ireland did not believe a leash was necessary. As a result of the neighbors' complaints, Officer Roehrich believed the dog had been running loose daily. She noted only one dog had been spayed, and had advised Mr. Ireland on numerous occasions that license tags were far less expensive for sterilized dogs. Motion Based on the testimony and evidence presented in Case #09-360, Mr. Karageorge moved that a Cease and Desist Order be issued giving Frederick D. Ireland until March 20, 2009 to bring the violations of City of Boynton Beach Code sections as cited into compliance. 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 a fine in the amount of $500 per reoccurence of the violation thereafter shall be imposed upon the Respondent. Mr. LaTour seconded the motion that passed unanimously. Case #09-412 Joyce Martin 180 Temple Avenue CO CH4 SEC.4- 36 CO CH4 SEC.4- 37 CO CH4 SEC.4-4(A) Cats must have current tags and must be registered with Palm Beach County. Proof of rabies vaccinations must be 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 18, 2009 submitted. Clean and sanitary conditions must be provided to prevent odors. Attorney Bill Ridings, 2211 SE 11th Street, Pompano Beach, and Joyce Martin, 180 Temple Avenue were present. The Respondent pled not guilty. Attorney Ridings believed Ms. Martin had complied with the violations. Officer Roehrich reported the case had originated from citizens' complaints in October 2007 and led to a search warrant and seizure of 11 cats. The Respondent's home had been declared unfit for human habitation, and Ms. Martin pled guilty to criminal charges on October 20, 2008. The criminal plea agreement required regular inspections of the residence, no more than 10 cats in the home, the purchase of license tags and vaccinations for the cats. Officer Roehrich had attempted home inspections, but was refused access on several occasions. Foul odors continued to emanate from the property. Additionally, it was Ms. Martin's belief she had exceeded the limitation requirement, as she was caring for two cats that belonged to an ill friend. Service of the Notice of Violation was effectuated by certified mail and signed by Ms. Martin on February 20, 2009. The last inspection of the residence was made in July 2008, prior to the criminal plea agreement. Ms. Martin had advised she would agree to an inspection of the premises tomorrow afternoon. She provided paperwork reflecting there were only ten cats in the home, and they had been vaccinated and licensed. Ms. Martin was scheduled for criminal sentencing on April 23, 2009. Officer Roehrich sought a Cease and Desist Order to prevent the violations from recurring. Attorney Tolces was not certain a Cease and Desist Order would help, and did not believe compliance could be determined at this meeting. Chair Costantino suggested tabling the matter to provide Officer Roehrich an opportunity to perform another inspection, verify the information provided by Ms. Martin and report back to the Board at the March 26, 2009 Lien Reduction meeting. Motion Mr. LaTour moved that Case #09-412 be tabled until the Code Compliance Board meeting to be held on March 26, 2009. Mr. LaRock seconded the motion that unanimously passed. 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 18, 2009 Case #09-420 Harbor Cay LLC 605 Lakeside Harbor CO CH15 SEC.151-20(D) Inc. Repair or resurface driveway to meet City ordinance requirements. Courtney Cain, Code Officer, reported the initial inspection had been made on February 10, 2009 and service had been effectuated by posting. The Respondent had been given 14 days to comply. Meredith Markarian, Keyes Real Estate, 6659 W. Boynton Beach Boulevard, pled no contest. She had been retained by the current owners in June 2008 for the purpose of selling the property. The owners resided in California, and a letter of authorization allowing Ms. Markarian to speak on their behalf was on file with Code Compliance. She requested 90 days to comply. The owners were in discussions with the lender regarding a short sale or restructuring of the loan. The property had been improved and the price reduced. Mr. Blasie provided photographs to the Board. It was noted the property was adjacent to the Shell gas station on Federal Highway and Gateway Boulevard, and fronted on Federal Highway. Motion Based on the testimony and evidence presented in Case #09-420, Mr. Foot moved that this Board find that Harbor Cay LLC is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before June 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 June 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#08-3858 Lisa Renner 306 NE 1st Ave., #2204 1 BBA FBC '04 105.5.5 Obtain permit for washer and dryer installed in bedroom. 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 18, 2009 John Herring, Code Officer, reported the initial inspection was made on December 12, 2008. Service had been effectuated by certified mail, and the green card was signed on March 2, 2009. The Respondent had been given 10 days to comply. The owner had applied for a permit on January 20, 2009, which had been rejected several times based upon electrical issues. The improper installation of the washer and dryer had caused a leak and resulted in extensive damage to the property downstairs. The Respondent had hired a contractor. According to Jim Priest, Electrical Plans Examiner for the City, the electrical and plumbing work had not been permitted. The issues remained unresolved and resulted in health and safety hazards. Ms. Renner visited the City this date in an effort to resolve the issues. Lisa Renner, 306 NE 1st Ave., Unit 204, pled not guilty. She had retained both an electrical and general contractor to correct the situation. The plans submitted to the City had been rejected several times, and the contractors were going to meet with Mr. Priest to determine what could be done to rectify the situation. Officer Herring read for the record the language contained in the red tag: "Electrical and plumbing installed in bedroom closet with no permits; washer, dryer, violation BBO 108.5, four times fee. Obtain licensed contractors and permits required to remain or remove." Ms. Renner contended the situation had nothing to do with the plumbing or electrical issues, but was caused by an inexpensive o-ring. She hoped to comply by tomorrow. Mr. Blasie was uncertain how long it would take for the situation to be corrected and the permit issued. As such, he suggested tabling the matter until next month. Officer Herring agreed. Motion Mr. Karageorge moved that Case #08-3858 be tabled until the Code Compliance Board meeting to be held on April 15, 2009. Ms. Carroll seconded the motion that unanimously passed. It was noted Ms. Renner would not be required to appear before the Board at the next meeting if compliance had been achieved. Case #08-3889 Marie C. Brizeus 146 SE 2ih Court CO CH14 SEC.14-3 Remove truck which is over one-ton rating. 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 18, 2009 Vestiguerne Pierre, Senior Code Officer, presented the case and noted the Respondent had been cited for parking a commercial vehicle in a residential area. He noted the Respondent was present. Marie C. Brizeus, 146 SE 2ih Court, pled no contest. She advised she would need a couple of months to dispose of the truck. She had been attempting to sell the truck as she could not afford storage fees. Officer Pierre noted the truck was licensed, but did not know whether the vehicle had been insured. He provided photographs for the Board's review. Ms. Brizeus advised she had not been storing anything in the truck. The truck had previously been used by her husband for transportation and was registered in his name. It was her intent to sell the vehicle, as her husband was in Haiti and would not be returning. Her husband had provided her with the signed title so that she could sell the vehicle. While she requested an additional 90 days, the Board felt 30 days was appropriate. Motion Based on the testimony and evidence presented in Case #08-3889, Mr. LaTour moved that this Board find that Marie C. Brizeus 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 April 17, 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 April 17, 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 #09-433 University Holdings Inc. 480 W. Boynton Beach Blvd. BBA FBC '05 105.1.1 Roof permit #07-2141 has expired and is now void. No final inspections were secured. Obtain new permit and call Building Division for inspection. Officer Roy presented the case and reviewed the details of the violation. The initial inspection was conducted on February 11, 2009, and the Notice of Violation was issued 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 18, 2009 on February 11, 2009 as well. Service was effectuated via certified mail, and the green card was signed on March 2, 2009. The Respondent had been given 10 days to comply. The Respondent's application for three permits was currently in the review process. A representative from University Holdings Inc. was present. John Garra, 3321 NW 9ih Avenue, Sunrise, noted he was an architect and was authorized to speak on behalf of the Respondent. He noted a letter of authorization could be obtained. Mr. Garra pled not guilty. He explained the permit was originally sought for re-roofing and repairs. Upon commencing the work, it had been discovered the trusses under the roof were rotten. As the trusses would have to be removed, it was decided at that time to provide a "facelift" for the Holiday Inn property. A new permit application had then been submitted to the City. Officer Roy noted City staff recommended the Respondent be given 45 days to allow the permit to move through the review process. Motion Based on the testimony and evidence presented in Case #09-433, Ms. Carroll moved that this Board find that University Holdings 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 May 2, 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 May 2, 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 #08-1611 Fresnel & Lucienne Osirus 1640 NE 4th Ct. Officer Cain requested Case #08-1611 be tabled for 30 days. Motion Ms. Carroll moved that Case #08-1611 be tabled until the Code Compliance Board meeting to be held on April 15, 2009. Mr. LaTour seconded the motion that unanimously passed. 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 18, 2009 Case #08-2685 Linda Shelton and Nancy Morrow 1614 N. Seacrest Blvd. Officer Cain presented the case and reviewed the details of the violations as follows: . Remove exterior and interior trash and debris, outside storage of unused articles, and washer/dryer. . Obtain permits and repair or replace broken windows . Repair soffit and soffit screens. . Obtain permit and replace all exterior doors and jambs. . Have licensed electrician repair breaker boxes and exposed wiring. . Replace receptacle covers. . Remove all extension cords. (These have been removed). . 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. . Exterminate vermin in household. The Notice of Violation date was September 16, 2008. 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 violations still existed, amounting to 108 days of non-compliance. Linda Shelton, 1614 N. Seacrest Blvd., noted her children had broken two windows since the last meeting. She contended all the electrical work had been completed and all exposed wires covered. Permits had been pulled for the work performed, but Ms. Shelton had not notified Officer Cain of this fact. She contended an exterminator had been hired to rid the property of the vermin. Officer Cain visited the property this date and observed the washer was still stored outside and illegally hooked up. 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 18, 2009 Motion Based on the testimony and evidence presented in Case #08-2685, Mr. Karageorge moved that this Board find that the Respondents have not complied with this Board's Order dated November 29, 2008, and having considered the gravity of the violations, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $500 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. LaTour seconded the motion. Discussion ensued, and comments by the Board were as follows: . The Board had been patient, as the matter had already been tabled several times. . There would be an opportunity for a lien reduction, but the violations would take some time to cure. . While the Respondent was making a concentrated effort to cure the violations, her own children had broken the windows in the home. . No alternative was available other than to certify a lien. Officer Cain pointed out a receipt from the exterminator would verify Ms. Shelton's contention that the vermin had been eradicated. He had been back to the residence on numerous occasions and had taken new photographs evidencing non-compliance for several items, including the washer and drywall. The photographs were provided for the Board's review. Officer Cain recommended the Respondent be given another 30 days to comply. Rather than continuing the discussion, it was inquired whether a vote could be taken on the motion to certify. Attorney Tolces advised a motion to limit the debate was necessary and required the approval of two-thirds of the Board. Thereafter, a vote could be taken on the main motion. Motion Mr. LaTour moved to limit the debate. Mr. Foot seconded the motion that passed unanimously. (Mr. Foot left the meeting at 9:07 p.m.) 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 18, 2009 Upon vote taken, the main motion passed unanimously. Case #08-2773 Gregory L. White 152 NW 14th Avenue Officer Pierre presented the case. In order to cure the violations, the Respondent was required to paint the house, remove the board from the windows and repair both the mailbox and driveway apron. The Notice of Violation date was September 24, 2008. The case was presented to the Board on December 27, 2008, and Mr. White had appeared. The compliance date and proposed fine set by the Board was February 15, 2009, or $100 per day. The violations still existed, amounting to 30 days of non- compliance. The Respondent was present. Gregory White, 152 NW 14th Avenue, contended he had no job and no money to remedy the violations. Officer Pierre noted he had recently visited the property, and the Respondent had removed the boards from the windows, repaired the mailbox and was nearly finished painting the house. The only item not yet repaired was the asphalt driveway apron, and it was noted this would not require a permit. At the time of Officer Pierre's visit, Mr. White mentioned it was his intent to request additional time to comply. Motion Mr. LaRock moved that Case #08-2773 be tabled until the Code Compliance Board meeting to be held on April 15, 2009. Mr. Karageorge seconded the motion that unanimously passed. Mr. Blasie noted the following three lien reduction cases applied to the same Respondent. He would address each case separately. Case #97-3960 Jeannie Daniels 407 NW 16th Ave. Mr. Blasie reported the Respondent had originally been cited on October 29, 1997 for parking an unlicensed, inoperable motor vehicle on private property. Service had been effectuated via certified mail. The case was presented to the Board on December 17, 1997, and no one had appeared. The compliance date and proposed fine set by the Board was January 19, 1998, or $25 per day. Staff had documented compliance on May 5, 1998, amounting to 106 days of non-compliance, plus administrative costs. Photographs had been taken yesterday. The yard was brown, but neatly trimmed, and the City's Code allowed exceptions for draught conditions. 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 18, 2009 Jennie L. Daniels, Empris Jones, and James Daniels, 407 NW 16th Ave., Respondent, granddaughter and son-caretaker, respectively, were present. On October 22, 2008, Ms. Jones had been granted Power of Attorney on behalf of the Respondent. Thereafter, Ms. Jones discovered the liens, and in order bring to the property into compliance, the Respondent paid the taxes, kept the bills current and maintained the yard. Ms. Jones requested the liens on the property be waived, as the Respondent was disabled, legally blind and living on a fixed income. Motion Based on testimony and evidence presented in Case #97-3960, 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 #97-3960, by virtue of this Board's Order of December 17, 1997, to an amount of $730.15, the administrative costs. Mr. LaTour seconded the motion that unanimously passed. Case #01-2 Jennie L. Daniels 407 NW 16th Ave. Mr. Blasie reported the Respondent had been originally cited for loose trash, debris and old furniture stored in back of the house. The Code Compliance Board hearing date was March 31, 2008, and Ms. Daniels had appeared. The compliance date and proposed fine set by the Board was April 16, 2001, or $25 per day. Staff had documented compliance on February 5, 2009, amounting to 2,851 days of non- compliance. Mr. Blasie provided three photographs, two of which had been taken on March 16, 2001 and the third on May 11, 2001. Jennie L. Daniels, Empris Jones, and James Daniels, 407 NW 16th Ave., Respondent, granddaughter and son-caretaker, respectively, were present. Ms. Jones contended the Respondent did all she could to cure the violations and requested the Board waive the fines, as the Respondent was disabled, legally blind and living on a fixed income. Motion Based on testimony and evidence presented in Case #01-2, 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 #01-2, by virtue of this Board's Order of March 21, 2001, to an amount of $634.12, the administrative costs. Mr. La Rock seconded the motion. 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 18, 2009 On roll call vote, the motion passed 4-2 (Ms. Carroll and Mr. Brake dissenting). Case #05-1575 Jennie L. Daniels 407 NW 16th Ave. Mr. Blasie reported the Respondent had originally been cited on July 11, 2005 for violations to the City's Community Appearance Code pertaining to trash, debris, openly- stored items in the back yard and an overgrown yard and swale. Service had been effectuated by certified mail. The case was presented to the Board on September 21, 2005, and no one had appeared. The compliance date and proposed fine set by the Board was October 6, 2005, or $50 per day. Staff had documented compliance on February 5, 2009, amounting to 1,217 days of non-compliance, plus administrative costs. Jennie L. Daniels, Empris Jones, and James Daniels, 407 NW 16th Ave., Respondent, granddaughter and son-caretaker, respectively, were present. Mr. Daniels commented the Respondent's home had been severely damaged by a hurricane. The insurance company had underpaid the claims, and the City repaired the house and the roof. He contended City workers had stored the items outdoors. Motion Based on the testimony and evidence presented in Case #05-1575, 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 rescind the fine instituted in Case #05-1575, by virtue of this Board's Order of September 21, 2005, and that the lien imposed by that Order be released. Mr. Brake seconded the motion that passed unanimously. Case #07-3022 Jeantral Michael 1117 Meadows Cir. Mr. Blasie reported the Respondent had originally been cited on October 16, 2007, and proper service had been effectuated. In order to cure the violations, the Respondent was required to obtain a Business Tax Receipt, repair the patio screen, tub handle and air-conditioner, remove/abate the mold from the unit and have the carpet dried. The Code Compliance Board hearing date was December 19, 2007, and no one had appeared. The compliance date and proposed fine set by the board was December 29, 2007, or $100 per day. Staff had documented compliance on March 2, 2009, amounting to 428 days of non-compliance, plus administrative costs. The matter was in compliance, with the exception of the Business Tax Receipt. Mr. Blasie provided "before" pictures, but had no "after" pictures. 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 18, 2009 Diane Balsara, Nautica Realty, 1200 S. Federal Highway, #307, noted she was the listing agent for the property. The Respondent no longer owned the property, which was in foreclosure, and Ms. Balsara had been unaware of the violations. The property was currently under contract for $42,000. The purchaser owned several units in the community and had recognized his responsibility to obtain a Business Tax Receipt. All of the other violations had been brought into compliance, at an approximate cost of $1,800. The closing had been scheduled for this date, but had been extended. Motion Based on testimony and evidence presented in Case #07-3022, 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 #07-3022, by virtue of this Board's Order of December 19, 2007, to an amount of $3,000, including administrative costs. Mr. LaRock seconded the motion that unanimously passed. Case #08-163 John M. Bowden III 710 NE 1st Street Mr. Blasie reported the Respondent had originally been cited on January 18, 1008 for violations to the City's Community Appearance Code and Land Development Regulations pertaining to unsecured structures, overgrown grass, trash and debris. The Code Compliance Board hearing date was March 19, 2008, and no one had appeared. The compliance date and proposed fine set by the Board was March 29, 2008, or $200 per day. Staff had documented compliance on November 5, 2008, amounting to 220 days of non-compliance, plus administrative costs. Diane Balsara, Nautica Realty, 1200 S. Federal Highway, #307, explained Mr. Bowden was no longer the owner of the property, which was in foreclosure. The property was under contract, and would be purchased by a realtor who would be replacing the roof and renovating the interior. The purchaser would not be residing at the premises and would offer it for rental. Mr. Blasie reported there were special assessment liens against the property for mowing and delinquent water bills. Ms. Balsara acknowledged the liens had been satisfied, the building had been secured, and the property was in compliance. Motion Based on testimony and evidence presented in Case #08-163, 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 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 18, 2009 moved that this Board reduce the fines instituted in Case #08-163, by virtue of this Board's Order of March 19, 2008, to an amount of $5,000, including administrative costs. Mr. LaTour seconded the motion that unanimously passed. Case #08-1053 John M. Bowden III 710 NE 1st Street Mr. Blasie reported the Respondent had originally been sited on April 2, 2008 for a tree that had grown over the sidewalk. The Code Compliance Board hearing date was May 21, 2008, and no one had appeared. The compliance date and proposed fine set by the Board was May 31, 2008, or $100 per day. Staff had documented compliance on November 5, 2008, amounting to 157 days of non-compliance, plus administrative costs. Diane Balsara, Nautica Realty, 1200 S. Federal Highway, #307, advised she was the listing agent for the property, which was in foreclosure. The property was under contract for $43,000. Motion Based on testimony and evidence presented in Case #08-1053, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Karageorge moved that this Board reduce the fines instituted in Case #08-1053, by virtue of this Board's Order of May 21, 2008, to an amount of $634.12, the administrative costs. Mr. LaRock seconded the motion that unanimously passed. (The meeting recessed at 9:40 p.m. and reconvened at 9:45 p.m.) Case #09-278 Yachtsman Properties LLC. and Zion Beauty Supplies 1600 N. Federal Hwy. #8 CO CH9 SEC.9-2 (C) Annual Fire Inspection Fees. Mr. Blasie reported the Respondent had been cited on January 29, 2009 for failure to pay annual inspection fees. Service had been effectuated upon the owner via certified mail and upon the tenant via posting. Staff recommended 10 days to comply, or a fine of $50 per day. 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 18, 2009 Motion Based on the testimony and evidence presented in Case #09-278, Mr. LaTour moved that this Board find that Yachtsman Properties LLC and Zion Beauty Supplies 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 March 28, 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 March 28, 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 #9-86 Boynton Beach Jewish Center 501 N E 26th Street LDR CH7.5 SEC.5(B) LDR CH7.5 SEC.5(A) A permit is required to remove trees from property (per both of the above citations) . Officer Cain presented the case and reviewed the details of the violations. Staff recommended 15 days for compliance. Motion Based on the testimony and evidence presented in Case #9-86, Mr. Karageorge moved that this Board find that Boynton Beach Jewish Center 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 April 2, 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 $50 per day for each day the violations continue past April 2, 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 #09-335 Kevan J. and Shirley A. Holley 141 NE 1ih Court CO CH13 SEC.13-16 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 18, 2009 Obtain Business Tax Receipt to rent residence. Luney Guillaume, Code Compliance Inspector, presented the case and set forth the details of the violation. Staff recommended 10 days for compliance, or a fine of $50 per day. Motion Based on the testimony and evidence presented in Case #09-335, Mr. LaTour moved that this Board find that Kevan J. and Shirley A. Holley 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 March 28, 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 March 28, 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 #09-396 Perry and Martha Price 317 Gateway Blvd. CO CH13 SEC.13-16 Obtain Business Tax Receipt to rent residence. Inspector Guillaume presented the case and set forth the details of the violations. Staff recommended 10 days for compliance, or a fine of $50 per day. Motion Based on the testimony and evidence presented in Case #09-396, Mr. Karageorge moved that this Board find that Perry and Martha Price 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 March 28, 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 March 28, 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 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 18, 2009 re-inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. Case #09-297 Andre St. Juste 925 Greenbriar Dr. CO CH15 SEC.15-120(D) Inc. CO CH10 SEC.10-56(G) Remove all outside storage, trash and debris. Officer Herring presented the case and set forth the details of the violations. Staff recommended 10 days for compliance. Motion Based on the testimony and evidence presented in Case #09-297, Ms. Carroll moved that this Board find that Andre St. Juste 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 March 28, 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 $300 per day for each day the violations continue past March 28, 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 #09-325 Diane R. Copeland TR. 902 S. Seacrest Blvd. CO CH10 SEC.10-56(A) CO CH10 SEC.10-56(D) CO CH10 SEC.10-56(G) CO CH10 SEC.10-2 Unsecured structure (Unit 904 has back door and window open). Remove trash, debris and Florida Holly. Officer Herring presented the case and set forth the details of the violations, noting the unsecured structure represented a safety hazard. Staff recommended 10 days for compliance. 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 18, 2009 Motion Based on the testimony and evidence presented in Case #09-325, Mr. LaTour moved that this Board find that Diane R. Copeland 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 March 28, 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 $500 per day for each day the violations continue past March 28, 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 #08-3410 Kacan Investments LLC 2921 NW Commerce Park Dr. BBA FBC '04 105.1.1 Secure required permits from the Building Division for #105 and #106. See red tag dated August 5, 2008. Skip Lewis, Senior Code Officer, presented the case and set forth the details of the violation. Staff recommended 15 days for compliance. Motion Based on the testimony and evidence presented in Case #08-3410, Mr. Karageorge moved that this Board find that Kacan Investments 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 April 2, 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 April 2, 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. 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 18, 2009 Case #09-334 Katrina L. Stewart 119 NW 3rd Ave. CO CH15 SEC.15-120(D) Inc. CO CH15 SEC.10-56(B) Install number on house visible from City street. Remove plywood from windows. Mow grass and weeds in back yard. Remove all trash and outside storage. Mike Melillo, Senior Code Officer, presented the case and set forth the details of the violations. The Respondent had complied, with the exception of the installation of the number on the house, and the removal of trash and outside storage. Staff recommended 10 days for compliance. Motion Based on the testimony and evidence presented in Case #09-334, Mr. Karageorge moved that this Board find that Katrina L. Stewart 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 March 28, 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 March 28, 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 #09-406 Boynton Townhomes LLC 3480 N. Old Dixie Hwy. CO CH15 SEC.15-120(D) Inc. Mow and trim lot. Remove trash and debris. Officer Pierre presented the case and set forth the details of the violations. Staff recommended 30 days for compliance. It was noticed the Respondent was a repeat offender. 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 18, 2009 Motion Based on the testimony and evidence presented in Case #09-406, Mr. LaRock moved that this Board find that Boynton Townhomes 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 April 17, 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 April 17, 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 #09-435 Mogloire Olman 2873 SE 1st Place CO CH15 SEC.15-120(D) Inc. CO CH10 SEC.10-56(D) Remove all debris from carport. Maintain lawn in a healthy, attractive manner. Install a minimum of 4-inch house numbers on building to be visible from City street. Officer Pierre presented the case and set forth the details of the violations. Staff recommended 30 days for compliance. Motion Based on the testimony and evidence presented in Case #09-435, Mr. LaTour moved that this Board find that Mogloire Olman 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 April 17, 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 $50 per day for each day the violations continue past April 17, 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. 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 18, 2009 Case #09-489 Claude E. and Mimose Joseph 170 SE 2ih Ct. CO CH SEC.15-120(D) Inc. Remove all unregistered and inoperable vehicles from back yard. Vehicles over one ton are not allowed to be parked in a residential zoned area. Remove all trash and debris from yard. Officer Pierre presented the case and set forth the details of the violations. Staff recommended 30 days for compliance. Motion Based on the testimony and evidence presented in Case #09-489, Mr. LaTour moved that this Board find that Claude E. and Mimose Joseph are in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before April 17, 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 $250 per day for each day the violation continues past April 17, 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 #08-3831 Peter Jacobsen 511 W. Ocean Avenue BBA FBC '04 105.1.1 Secure permits for garage conversion, removal of walls and electrical work in living room. Secure licensed contractors to perform work and obtain permits. See red tag dated December 10, 2008 and Contact Building Division. Officer Roy presented the case and set forth the details of the violations. Staff recommended 30 days for compliance. 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 18, 2009 Motion Based on the testimony and evidence presented in Case #08-3831, Mr. Karageorge moved that this Board find that Peter Jacobsen 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 April 17, 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 April 17, 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 #09-318 Viergela Fervil and Victor Joseph 628 SE 2nd Avenue CO CH15 SEC.15-120(D) Inc. LDR CH2 SEC.5(D)(1) Re-sod bar areas of lawn and maintain property per City ordinance. Remove any outside storage. Officer Roy presented the case and set forth the details of the violations. Staff recommended 15 days for compliance. Motion Based on the testimony and evidence presented in Case #09-318, Mr. LaRock moved that this Board find that Viergela Fervil and Victor Joseph 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 April 2, 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 April 2, 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. 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 18, 2009 Case #09-434 Gabriel Marceline 724 W. Ocean Avenue CO CH10 SEC.10-57(A) CO CH10 SEC.10-56(B) CO CH10 SEC.10-56(D) Remove all trash, debris and outside storage from property. Repair garage door. Replace screens on windows. Repair front door jamb. Replace electrical box. Officer Roy presented the case and set forth the details of the violations. Staff recommended 30 days for compliance. Chair Costantino expressed concern regarding an open electrical box, and it was not known whether the power was on. Officer Roy indicated a breaker box had been located outside the residence. The house was vacant, but secured. The issues would be addressed, as the house was in foreclosure. Motion Based on the testimony and evidence presented in Case #09-434, Mr. Karageorge moved that this Board find that Gabriel Marceline 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 April 17, 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 $50 per day for each day the violations continue past April 17, 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 #09-0488 Chackman Motels Inc. 706 W. Boynton Beach Blvd. CO CH13 SEC.13-16 Lava Bar doing business as a nightclub, which is beyond the 28 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 18, 2009 scope of the license. Cease activities as a nightclub and proceed as licensed by the City. Officer Roy presented the case and set forth the details of the violations. He requested a Cease and Desist order for operating as a nightclub while not licensed as such. Motion Based on the testimony and evidence presented in Case #09-0488, Mr. Karageorge moved that a Cease and Desist Order be issued giving Chackman Motels Inc. until March 20, 2009 to bring the violation of City of Boynton Beach Code section as cited into compliance. 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 a fine in the amount of $200 per reoccurrence of the violation thereafter shall be imposed upon the respondents. Motion Mr. Karageorge amended his motion to order a fine in the amount of $500. Mr. LaRock seconded the motion that passed unanimously. Officer Roy recommended the following cases be certified at $50 per day: Case #08-3269 Princeton Industries Inc. and 110 Commerce Road Princeton Kitchen & Bath Gallery Motion Based on the testimony and evidence presented in Case #08-3269, Ms. Carroll moved that this Board find that the Respondents have not complied with this Board's Order dated January 21, 2009, 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. Karageorge seconded the motion that unanimously passed. 29 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 18, 2009 Case #08-3323 Job Sylvain and AJ Partners 1220 S. Federal Hwy. #101 Motion Based on the testimony and evidence presented in Case #08-3323, Ms. Carroll moved that this Board find that the Respondents have not complied with this Board's Order dated January 21, 2009, 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. Karageorge seconded the motion that unanimously passed. Case # 08-3328 Ivan & Orlando Barrios and 3449 High Ridge Road Maxima Protection Motion Based on the testimony and evidence presented in Case #08-3328, Ms. Carroll moved that this Board find that the Respondents have not complied with this Board's Order dated January 21, 2009, 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. Karageorge seconded the motion that unanimously passed. Case #08-3801 First Impression Academy of Boynton Inc. 3520 Old Boynton Rd. Motion Based on the testimony and evidence presented in Case #08-3801, Ms. Carroll moved that this Board find that the Respondents have not complied with this Board's Order dated January 21, 2009, 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. Karageorge seconded the motion that unanimously passed. 30 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 18, 2009 Case #08-3407 T Systems Tile & Marble SW 30th Ave. Motion Based on the testimony and evidence presented in Case #08-3407, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated January 21, 2009, 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. Karageorge seconded the motion that unanimously passed. Case #08-3900 Raymond P. Marasco 1504 SW 18th St. Motion Based on the testimony and evidence presented in Case #08-3900, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated January 21, 2009, 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. Karageorge seconded the motion that unanimously passed. Case #08-3901 Raymond P. Marasco 1504 SW 18th St. Motion Based on the testimony and evidence presented in Case #08-3901, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated January 21, 2009, 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. Karageorge seconded the motion that unanimously passed. Case #08-3895 Jon and Jeanette Lobbe 123 SE 29th Ave. Motion Based on the testimony and evidence presented in Case #08-3895, Ms. Carroll moved that this Board find that the Respondents have not complied with this Board's Order 31 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 18, 2009 dated January 21, 2009, 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. Karageorge seconded the motion that unanimously passed. Officer Roy recommended the following cases be certified at $100 per day: Case #08-3408 Diane R. Copeland TR. 902 S. Seacrest Blvd. Motion Based on the testimony and evidence presented in Case #08-3408, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated January 21, 2009, 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. Case #08-3671 Henry Sharp 1611 NE 3rd Street Motion Based on the testimony and evidence presented in Case #08-3671, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated January 21, 2009, 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. Case #09-114 DBR Lease Exchange LLC 2921 S. Federal Hwy. Motion Based on the testimony and evidence presented in Case #09-114, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated February 18, 2009, 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 32 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 18, 2009 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 #09-127 3300 S. Congress Ave. LLC 3300 S. Congress Ave. Motion Based on the testimony and evidence presented in Case #09-127, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated February 18, 2009, 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 Roy recommended the following cases be certified at $150 per day: Case #08-3550 Gloria H. Washam 124 Arthur Ct. Motion Based on the testimony and evidence presented in Case #08-3550, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated January 21, 2009, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $150 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Karageorge seconded the motion that unanimously passed. Case #08-3459 Thomas F. Curran 47 NE 2nd Street Motion Based on the testimony and evidence presented in Case #08-3459, Ms. Carroll 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 violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $150 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaTour seconded the motion that unanimously passed. 33 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 18, 2009 Officer Roy recommended the following case be certified at $200 per day: Case #09-143 Eloise L. King 555 NW 12th Ave. Motion Based on the testimony and evidence presented in Case #09-143, Mr. LaTour moved that this Board find that the Respondent has not complied with this Board's Order dated February 18, 2009, 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 $200 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. LaRock seconded the motion that unanimously passed. Officer Roy recommended the following case be certified at $250 per day: Case #09-38 Jorge L. Hernandez 507 N. Federal Hwy. Motion Based on the testimony and evidence presented in Case #09-38, Mr. LaTour moved that this Board find that the Respondent has not complied with this Board's Order dated February 18, 2009, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $250 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. Officer Roy advised the following cases complied, and he recommended "No Fine." Case #08-3213 Boynton Plaza and Knowledge Points 153 N. Congress Ave. "A" Motion Based on testimony and evidence presented in Case #08-3213, Ms. Carroll moved that this Board find that the Respondents, Boynton Plaza and Knowledge Points, 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 December 17, 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. 34 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 18, 2009 Case #08-3466 Yachtsman Properties 1550 N. Federal Hwy. #13 LLC and Andrew P. Cohen Motion Based on testimony and evidence presented in Case #08-3466, Ms. Carroll moved that this Board find that the Respondents, Yachtsman Properties LLC and Andrew P. Cohen, 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 December 17, 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. Case #08-3411 Boynton Plaza 141 N. Congress Ave. Motion Based on testimony and evidence presented in Case #08-3411, Ms. Carroll moved that this Board find that the Respondent, Boynton Plaza, 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. LaTour seconded the motion that unanimously passed. Case #08-3720 M A J Properties LLC 523 N. Railroad Ave. Motion Based on testimony and evidence presented in Case #08-3720, Ms. Carroll moved that this Board find that the Respondent, M A J Properties LLC, was in violation of the City of Boynton Beach Code sections as cited subsequent to the date of compliance specified in the Board's Order of January 21, 2009, 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. LaTour seconded the motion that unanimously passed. 35 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 18, 2009 Case #08-3265 Desiderio Corp. and Ross' School of Karate 2755 S. Federal Hwy. #4 Motion Based on testimony and evidence presented in Case #08-3265, Ms. Carroll moved that this Board find that the Respondents, Desiderio Corp. and Ross' School of Karate, 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 January 21, 2009, 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. Officer Roy recommended the following cases be tabled to April 15, 2009: Case #08-836 Gemini Boynton Beach 1 LLC 2290 N. Congress Ave. Motion Mr. Karageorge moved that Case #08-836 be tabled until the Code Compliance Board meeting to be held on April 15, 2009. Ms. Carroll seconded the motion that unanimously passed. Case #08-3614 1865 Woolbright Road LLC 1865 W. Woolbright Rd. Motion Mr. Karageorge moved that Case #08-3614 be tabled until the Code Compliance Board meeting to be held on April 15, 2009. Ms. Carroll seconded the motion that unanimously passed. VIII. Discussion Chair Costantino announced a Code Lien Reduction meeting would be held on March 26, 2009 at 3:00 p.m. 36 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 18, 2009 IX. Adjournment Motion Ms. Carroll moved to adjourn. Mr. LaTour seconded the motion that passed unanimously. The meeting adjourned at 10:04 p.m. jJ~---L Q~ Stephanie D. Kahn Recording Secretary 03-18-09 37 Page 1 of 1 Kahn, Stephanie Kahn, Stephanie Friday, March 27, 20096:26 PM Atwood, Barry; Blasie,Scott; Costantino, Michelle; Immler, Matt; James Brake; Jamie LaTour; Kirk LaRock; Rodriguez, Jose; Sherrod, Octavia; Springer, Diane Subject: Minutes of Code Compliance Board Meeting Attachments: Minutes 03-18-09.pdf From: Sent: To: For your review. Best regards, Stephanie D. Kahn Recording Secretary 3/27/2009