Loading...
Minutes 04-15-09 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, APRIL 15, 2009, AT 7:00 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Richard Yerzy, Vice Chair Kathleen Carroll Robert Foot Mark Karageorge Kirk LaRock Jamie LaTour James Brake, Alternate Scott Blasie, Code Compliance Administrator David Tolces, Board Attorney I. Call to Order Chair Costantino called the meeting to order at 7:01 p.m. II. Approval of 2/18/09,3/18/09 and 3/26/09 Minutes Motion Mr. Foot moved to approve the February 18, 2009 minutes as amended. Ms. Carroll seconded the motion that unanimously passed. Motion Mr. Karageorge moved to approve the March 18, 2009 minutes as amended. Vice Chair Yerzy seconded the motion that unanimously passed. Motion Mr. LaTour moved to approve the March 26, 2009 minutes as written. Vice Chair Yerzy seconded the motion that unanimously passed. III. Approval of Agenda Willie Webb, Senior Code Officer, announced there were changes to the agenda as follows: Case # 07-3227 should be to be tabled to May 20,2009. 1 Meeting Minutes Code Compliance Meeting Boynton Beach, FL April 15, 2009 Motion Mr. Foot moved that Case #07-3227 be tabled until the Code Compliance Board meeting to be held on May 20, 2009. Ms. Carroll seconded the motion that unanimously passed. Case #08-3858 should be tabled to May 20,2009. Motion Mr. LaTour moved that Case #08-3858 be tabled until the Code Compliance Board meeting to be held on May 20, 2009. Ms. Carroll seconded the motion that unanimously passed. Case #03-692 should be tabled to August 19, 2009. Motion Mr. LaTour moved that Case #03-692 be tabled until the Code Compliance Board meeting to be held on August 19, 2009. Vice Chair Yerzy seconded the motion that unanimously passed Officer Webb reported the Respondents in Case #'s 09-448,09-710,09-752, and 09- 607complied. Case #'s 09-520,09-501 and 09-703 were removed. Motion Mr. LaTour moved to accept the agenda. Vice Chair Yerzy seconded the motion that unanimously passed. IV. Swearing in of Witnesses and Introduction Attorney Tolces explained the hearing procedures and administered the oath to all who would be testifying. V. New Business Officer Webb called the roll and determined who was present. Case #09-345 Location: Violation(s): Inlet Plaza - Alpha Rehabilitation 1832 N. Federal Highway CO CH9 SEC. 9-22(C) Fire inspection annual fees. 2 Meeting Minutes Code Compliance Meeting Boynton Beach, FL April 15, 2009 Courtney Cain, Code Officer, presented the case. Hopkins Kennemer, the property owner, 810 Tangerine Way, Gulfstream, advised this was a tenant matter and pled no contest. The tenant was being evicted and he was working with the State Attorney to collect on a large rent check. The eviction was expensive. (He felt the fees should be collected at the time of inspection and it was unfair the burden fell on the owner, as he was serving as the collection agency. It was not fair for him to pay the fee so the tenant could remain open.) He asserted if the fees are not collected and paid, the Fire Department should advise the business their occupational license is invalid and they would close them down. He inquired what would occur if a business paid the City with a bad check. Attorney Tolces advised the City Commission made a legislative decision to amend the Ordinance to make it clear the property owner was responsible to pay the fire inspection fee. If he thought it was not fair, the remedy was to ask the City Commission to review it. The Code Compliance Board was bound by the Ordinance. Mr. Kennemer spoke with the City Manager's office about the matter and again inquired how the City would proceed if a bad check was given. Attorney Tolces advised that circumstance was not before the Board. Mr. Foot noted a property owner for a framing shop paid the fee and was unaware they were a second addressee for the bill. There was no question about the property owner's obligation, and as a landlord, it was an inherent responsibility. If the fine was not paid, it would accrue and there would be a lien on the property; however, it was noted the lien would not apply in these cases. Attorney Tolces advised that would have to be addressed administratively with the Business Tax Department. Attorney Tolces recommended two separate motions be made in these types of cases. Motion Based on the testimony and evidence presented in Case #09-345, Vice Chair Yerzy moved that this Board find that Inlet Plaza 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 July 14, 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 July 14, 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. Mr. Foot discussed amending the motion to May 15, 2009 as in the past, 10 to 30 days was allowed. Mr. Karageorge concurred. 3 Meeting Minutes Code Compliance Meeting Boynton Beach, FL April 15, 2009 Vote Vice Chair Yerzy amended his motion to 30 days, to May 15, 2009. Mr. Foot seconded the motion that unanimously passed. Mr. Kennemer inquired what the process was to talk to the Commission and he was told he could appear at the City Commission meetings and speak under public comments. Motion Based on the testimony and evidence presented in Case #09-345, Vice Chair Yerzy moved that this Board find that Alpha Rehabilitation 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 25, 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 25, 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 #09-536 Location: Violation(s): Karl W. Washington 1017 N. Railroad Avenue CO CH15-120 (D) Inc. Property must be mowed, trimmed and free of trash and debris. Remove outside storage of items not used. Officer Webb presented the case. Karl Washington, 1017 N. Railroad Avenue, pled guilty for the outstanding violations and explained he was working on correcting them. Officer Webb advised trash and debris remained and he distributed photos to the Respondent and the Board. Mr. Washington advised he was working on correcting the violation and thought he made a big improvement. He could use his truck to sell the recycling materials; he mowed, trimmed the hedge, and was cleaning the trailer area. He advised he could improve the area within 30 days. 4 Meeting Minutes Code Compliance Meeting Boynton Beach, FL April 15, 2009 Motion Based on the testimony and evidence presented in Case #09-727 (sic), Mr. LaTour moved that this Board find that Karl Washington 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 15, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day for each day the violation continues past May 15, 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. Vice Chair Yerzy seconded the motion. Mr. Foot felt the Board was loose in allowing 30 days and it was not fair to the neighborhood. He commented it was one of the messiest scenes he viewed. There was a vote on the motion that unanimously passed. It was noted the correct case number was 09-536 and not 09-727. Case #08-3631 Location: Violation(s): Golfview Harbour Estates, Inc. 1432 SW 26th Ave. A LDR CH20 VIII SEC. G(1) Repair roof leaks and water damage inside Unit A. Vestiguerne Pierre, Senior Code Compliance Officer, presented the case. Marco Commiso, Attorney with Sacks, Sacks, Caplain, 6111 Broken Sound Parkway, N.W. Boca was present. Also present was Scott Daby, Vice President of the Association, residing at 1426C, SW 25th Avenue, pled no contest. Attorney Commiso reported the contractor believes they could correct the violation before July 1 st. They put a tarp on the roof in February and were responsive to the City, receiving an extension already once. Homeowners were not paying their association dues, and they had to raise the money and obtain bids from contractors. The unit was vacant; however, there was a bank foreclosure action pending, and they represent the association in the foreclosure action. There were squatters and drug activity occurring on the premises and the association took title to the property in May 2007, not knowing the bank would take two years to foreclose on it. They intend to cure the violations. 5 Meeting Minutes Code Compliance Meeting Boynton Beach, FL April 15, 2009 Motion Based on the testimony and evidence presented in Case #08-3631, Mr. Karageorge moved that this Board find that Golfview Harbour Estates, 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 July 14, 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 July 14, 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 #09-603 Location: Violation(s): John P. Leonard, Jr. 143 SW 24th Avenue CO CH15 SEC. 15-120(D) INC Trim front and back yard including easement. Water lawn, remove trash and debris from property. Officer Pierre presented the case and reported the only outstanding violation was the trimming. John Leonard, 143 SW 24th Avenue, pled no contest. He advised there was a discrepancy where his property ended and his neighbor's began. Work on the water reclamation project was going on for months and about six or seven weeks ago, one of the backhoes hit a tree. It snapped an FP&L cable and a fire started. He spoke with Officer Pierre and though he cleared all of the debris from the property. He spoke with Scott Blasie today to find out if there was any determination about Mary Law, his neighbor, and her liability. Mr. Leonard would obtain a survey of the property. Officer Pierre had photos he distributed to the Board. Mr. Leonard expressed he believed he complied. It was his understanding his yard ended five feet south of a utility pole and that Mr. Blasie suggested he request 30 days to obtain a copy of his survey. Motion Based on the testimony and evidence presented in Case #09-603, Mr. Karageorge moved that this Board find that John P. Leonard, 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 May 15, 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 15, 2009 plus 6 Meeting Minutes Code Compliance Meeting Boynton Beach, FL April 15, 2009 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. Vice Chair Yerzy seconded the motion that unanimously passed. Case #08-2451 William Hancock 1401 NW 7th Street Officer Lewis presented the case as contained in the staff report. Ms. Phipps, 1401 NW 7th Street, Apt 3, Mr. Hancock's girlfriend, was present and advised she was authorized to speak on his behalf. They signed a contract in March to have shutters installed. Officer Lewis reported a permit was needed, and to-date, no application was made. Ms. Phipps explained the contractor attempted to pull a permit for the windows and was questioned about the price. The windows were installed two years ago, without a permit and they were not hurricane windows. As a result, they then needed hurricane shutters. A general contractor was needed to apply for the permit. They spoke to another contractor to speak with the Code Enforcement Division and find out what was needed for the windows. It was mentioned to Ms. Phipps the contractors needed to go to the Building Department. Officer Lewis advised the issue would take more time, and suggested certifying the lien, and the Respondents could apply for a lien reduction. Motion Based on the testimony and evidence presented in Case #08-2451, Mr. LaTour moved that this Board find that the Respondent has not complied with this Board's Order dated November 19, 2008 and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $50 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Karageorge seconded the motion that passed 6-1, (Mr. Foot dissenting.) Case #08-3614 1865 Woolbright Road LLC 1865 W. Woolbright Rd. Officer Lewis presented the case as contained in the staff report. Eva Ansa, 3450 Northlake Blvd., Suite 212, West Palm Beach, advised he works for 1865 W. Woolbright Road, LLC and was authorized to speak on management's behalf. He advised the property was purchased by a dry cleaner. Management fought with the tenant over the issue, but the tenant sold the business. The new owner made 7 Meeting Minutes Code Compliance Meeting Boynton Beach, FL April 15, 2009 modifications to the premises, which were noted during the occupational license process and the tenant was ordered to obtain a permit. The management company assisted in trying to obtain the permit, and put pressure on the tenant to obtain it. The tenant filed for the permit, but it was not obtained. Management began eviction proceedings and the tenant moved out. They took possession of the unit under the abandonment notice and met with the building official last week to view the premises. Part of the modifications made no longer existed and it would be foolish to try to comply with no tenant there. They agreed to shut the power down, which would prevent someone from opening or using the premises before the unit was shelled or complied. They were unsure how to proceed. They could either wait until they retained another dry cleaning tenant, or convert the shell into a regular business unit and obtain a permit for that. They would make the determination within 60 days. Their architect would then put plans together, submit them to the City and obtain a permit. It was questioned whether this matter was similar to a landlord/tenant matter when there was no tenant; therefore, there was no violation of having an business tax receipt. Officer Lewis advised there were other violations at the location before and the management company was aware of how the process worked. The violation was for failure to obtain a permit and it is the property owner's responsibility to ensure the tenants obtain compliance with the Building Code. Although there was no tenant currently occupying the unit, there may have been work done to the building without a permit that could inure either to the gain or inconvenience of the property owner because the work that was done was still there. In a private landlord/tenant matter the tenant leaves, and the building remains. It was unknown whether the management company could pick up the permit process where it left off, as there were comments that needed to be addressed. Motion Based on the testimony and evidence presented in Case #08-3614, 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 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 passed 6-1 (Mr. Foot dissenting. ) Case #08-1611 Fresnel & Lucienne Osirus 1640 NE 4th Court Attorney Tolces administered the oath to the Ms. Osirus. 8 Meeting Minutes Code Compliance Meeting Boynton Beach, FL April 15, 2009 Officer Cain presented the case as contained in the staff report. Lucienne Osirus, 1640 NE 4th Court, advised she paid for the application for the carport. The carport was converted to living quarters without a permit, which was preventing her from obtaining the Business Tax Receipt. Ms. Osirus advised she hired a general contractor who filed the application. A survey and architectural drawings were provided. Now they wanted an electrician to pull the permit and the general contractor was having difficulty obtaining an electrician to do so because the work was already done, and no one wanted to sign for it. Motion Based on the testimony and evidence presented in Case #08-1611, Mr. Karageorge moved that this Board find that the Respondent has not complied with this Board's Order dated July 16, 2008, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $50 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Foot seconded the motion that unanimously passed. Ms. Osirus explained she was trying to comply. The Board recessed at 8:10 p.m. and reconvened at 8:16 p.m. Case #09-286 Boynton Townhomes, LLC Bayfront Condos 3511 S. Federal Highway CO CH9 SEC 9-22(C) Fire inspection annual fees. Location: Violation(s): Officer Cain presented the case as contained in the staff report. The recommendation was to comply within 10 days. Attorney Tolces recommended in cases where there is an owner and tenant, a motion for each party should be made. Motion Based on the testimony and evidence presented in Case #09-286, Mr. Karageorge 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 25, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondents 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 25, 9 Meeting Minutes Code Compliance Meeting Boynton Beach, FL April 15, 2009 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. Motion Based on the testimony and evidence presented in Case #09-286, Mr. Karageorge moved that this Board find that Bayfront Condos 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 25, 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 25, 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 #09-355 1420 Holdings Isaloni Marble 1420 SW 30th Avenue CO CH9 SEC 9-22(C) Fire inspection annual fees. Location: Violation(s): Officer Cain presented the case as contained in the staff report. The recommendation was to comply within 10 days. Motion Based on the testimony and evidence presented in Case #09-355, Mr. LaTour moved that this Board find that 1420 Holdings is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before April 25, 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 25, 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. 10 Meeting Minutes Code Compliance Meeting Boynton Beach, FL April 15, 2009 Motion Based on the testimony and evidence presented in Case #09-355, Mr. LaTour moved that this Board find that Isaloni Marble 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 25, 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 25, 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. Vice Chair Yerzy seconded the motion that unanimously passed. Case #09-376 Location: Violation(s): An nette Brown 180 NE 17th Avenue CO CH9 SEC 9-22(C) Fire inspection annual fees. Officer Cain presented the case as contained in the staff report. The recommendation was to comply within 10 days. Motion Based on the testimony and evidence presented in Case #09-376, Vice Chair Yerzy moved that this Board find that Annette Brown 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 25, 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 25, 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 #09-382 Boynton JCP Associates, L TD The Nexus 801 N. Congress Ave., Suite 601 CO CH9 SEC 9-22(C) Fire inspection annual fees. Location: Violation(s): Officer Cain presented the case as contained in the staff report. The recommendation was to comply within 10 days. 11 Meeting Minutes Code Compliance Meeting Boynton Beach, FL April 15, 2009 Motion Based on the testimony and evidence presented in Case #09-382, Vice Chair Yerzy moved that this Board find that Boynton JCP Associates, L TD 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 25, 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 25, 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. It was noted the Respondent was a repeat offender. Vice Chair Yerzy amended his motion to $150 per day fine. Ms. Carroll seconded the amendment that unanimously passed. Motion Based on the testimony and evidence presented in Case #09-382, Vice Chair Yerzy moved that this Board find that The Nexus 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 25, 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 April 25, 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 #09-438 Chackman Motels Inc. Boulevard Diner 706 W. Boynton Beach Blvd., 116 CO CH9 SEC 9-22(C) Fire inspection annual fees. Location: Violation(s): Officer Cain presented the case as contained in the staff report. The recommendation was to comply within 10 days. Motion Based on the testimony and evidence presented in Case #09-438, Mr. Karageorge moved that this Board find that Chackman Motels 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 April 25, 2009. The Board has considered the gravity of the 12 Meeting Minutes Code Compliance Meeting Boynton Beach, FL April 15, 2009 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 25, 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 that unanimously passed. It was noted the Respondent had a case last month. Motion Based on the testimony and evidence presented in Case #09-438, Mr. Karageorge moved that this Board find that Boulevard Diner 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 25, 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 25, 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 that unanimously passed. Case #09-728 Location: Violation(s): Gewinner W. Garrison II 2505 NE 4th Street CO CH10 SEC. 10-56(A) Secure home. Officer Cain presented the case as contained in the staff report. The recommendation was to comply within 10 days. It was noted there were safety issues associated with the case. Motion Based on the testimony and evidence presented in Case #09-728, Mr. LaTour moved that this Board find that Gewinner W. Garrison II 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 25, 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 25, 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 that unanimously passed. 13 Meeting Minutes Code Compliance Meeting Boynton Beach, FL April 15, 2009 Case #09-713 Location: Violation(s): Dazius & Samson Exantus 170 NE 19th Avenue CO CH15 SEC. 15-120(D)1 B Repair or replace driveway. Officer Guillaume presented the case as contained in the staff report. The recommendation was to comply within 30 days. Motion Based on the testimony and evidence presented in Case #09-713, Mr. Foot moved that this Board find that Dazius & Samson Exantus 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 May 15, 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 May 15, 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 #09-756 Location: Violation(s): Brian & Judy Temkin 1481 NW 1 st Street CO CH15 SEC. 15-120(D)1 A CO CH13 SEC 13-16 Remove unlicensed & inoperable vehicles from property. Business Tax Receipt needed for rental. Officer Guillaume presented the case as contained in the staff report. The recommendation was to comply within 10 days. Motion Based on the testimony and evidence presented in Case #09-756, Mr. Karageorge moved that this Board find that Brian & Judy Temkin 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 25, 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 $150 per day for each day the violations continue past April 25, 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 14 Meeting Minutes Code Compliance Meeting Boynton Beach, FL April 15, 2009 re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case #08-2512 Location: Violation(s): SS Boynton Associates LLC 19001 N. Congress Ave. LDR CH7.5 II SEC. 5(B) CH21 ART II. SEC. 3 Landscaping should match plans on file with the City. Obtain permit for unpermitted signs or remove them. Officer Guillaume presented the case as contained in the staff report. The recommendation was to comply within 10 days. Motion Based on the testimony and evidence presented in Case #08-2512, Vice Chair Yerzy moved that this Board find that SS Boynton Associates LLC 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 25, 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 violations continue past April 25, 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. A roll call vote was taken. The motion failed 2-5 (Chair Costantino, Mr. Karageorge, Mr. La Tour, Mr. Foot and Mr. LaRock dissenting.) There was discussion 10 days was not viable, and 45 days was more reasonable. Scott Blasie, Code Compliance Administrator was sworn in and reported they were granted four inspections and 45 days would be adequate. Officer Guillaume circulated photos to the Board. Motion Based on the testimony and evidence presented in Case #08-2512, Mr. Foot moved that this Board find that SS Boynton Associates LLC 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 May 30, 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 violations continue past May 30, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to 15 Meeting Minutes Code Compliance Meeting Boynton Beach, FL April 15, 2009 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 6-1 (Ms. Carroll dissenting.) Case #09-397 Nixon & Francette Ciceron & Joane Seide 518 SE 1st Street CO CH10 SEC. 10-56(B) CO CH10 SEC. 10-56(D) CO CH10 SEC. 10-56(G) Remove tarp from roof, replace torn and missing screen from front and rear patios. Remove trash & debris. Location: Violation(s): Officer Guillaume presented the case as contained in the staff report. The recommendation was to comply within 10 days. There were no safety hazards noted. There was discussion if the tarp was removed, the roof would need to be repaired, and 10 days would not be adequate. Motion Based on the testimony and evidence presented in Case #09-397, Mr. LaTour moved that this Board find that Nixon & Francette Ciceron & Joane Seide 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 25, 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 April 25, 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 passed 6-1 (Mr. Foot dissenting.) Case #09-418 Location: Violation(s): Francisco Montalvo 134 SE 3rd Avenue CO CH10 SEC. 10-56(B) CO CH10 SEC. 10-56(D) CO CH10 SEC. 10-56(G) Remove trash & debris. Mow, weed and trim property. Repair or replace damaged roof soffit and facia. 16 Meeting Minutes Code Compliance Meeting Boynton Beach, FL April 15, 2009 Officer Guillaume presented the case as contained in the staff report. The recommendation was to comply within 30 days. Motion Based on the testimony and evidence presented in Case #09-418, Mr. Karageorge moved that this Board find that Francisco Montalvo 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 May 15, 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 May 15, 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 #09-419 Location: Violation(s): Ralph & Rosie Inc. 2007 S. Federal Hwy CO CH10 SEC.10-2; LDR CH2 SEC 6(C) (1); LDR CH 23 II SEC 0; CO CH10 SEC 10-56(B); CO CH10 SEC. 10-56(G); LDR CH 7.5 II SEC. 5(B) Landscape Code - replace all missing trees, landscape barriers, shrubs, grass. Submit a landscape plan for approval prior to installation of landscaping material. Submit plan to City Forrester. Officer Guillaume presented the case as contained in the staff report. The recommendation was to comply within 10 days. It was noted the Board and the City Commission approved the foreclosures. This was another situation with the same respondent. An inquiry was made if they could expedite the foreclosure; however, it was recommended this case be treated the same as any other case, and they be allowed a reasonable amount of time to cure the violation. Motion Based on the testimony and evidence presented in Case #09-419, Mr. Foot moved that this Board find that Ralph & Rosie Inc. is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or 17 Meeting Minutes Code Compliance Meeting Boynton Beach, FL April 15, 2009 before May 30,2009. 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 May 30, 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 #09-519 Location: Violation(s): Boynton Townhomes, LLC 3508 N. Federal Highway CO CH10 SEC. 10-56(B) CO CH10 SEC. 10-56(G) LDR CH4 SEC. 11 Mow, weed and trim property. Remove trash & debris, remove weeds from sidewalk areas, repair missing or torn screening on perimeter fence, bring landscaping back to what is on file with the City. Repair fence. Officer Guillaume presented the case as contained in the staff report. The recommendation was to comply within 10 days. Motion Based on the testimony and evidence presented in Case #09-519, Vice Chair Yerzy moved that this Board find that Boynton Townhomes, LLC 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 25, 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 violations continue past April 25, 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 #09-573 Wise Investments of South Florida, Inc. 400 S. Federal Hwy 407 BBA FBC '04105.1.1 Permit required for adding walls in Suite 407. Red tagged. Location: Violation(s): 18 Meeting Minutes Code Compliance Meeting Boynton Beach, FL April 15, 2009 Officer Guillaume presented the case as contained In the staff report. The recommendation was to comply within 10 days. Motion Based on the testimony and evidence presented in Case #09-573, Vice Chair Yerzy moved that this Board find that Wise Investments of South Florida, 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 April 25, 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 25, 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 #09-120 Location: Violation(s): E. Peasenelli & R. Jensen 1714 SW 22nd Street CO CH15 SEC. 15-120(D) INC. CO CH15 SEC. 15-120(E) INC CO CH10 SEC. 10-56(B) Repair or replace broken & deteriorated awnings, gutters and facia board on the exterior of the house. Clean and repaint roof and building where paint is deteriorated. Trim hedges & shrubs. Remove weeds. Officer Lewis presented the case as contained in the staff report. The recommendation was to comply within 30 days. Motion Based on the testimony and evidence presented in Case #09-120, Mr. LaTour moved that this Board find that E. Peasenelli & R. Jensen 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 May 15, 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 May 15, 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 19 Meeting Minutes Code Compliance Meeting Boynton Beach, FL April 15, 2009 re-inspection of the property to verify compliance with this Order. The motion was duly seconded and unanimously passed. Case #09-191 David & Alejandra Giorano (Adorno & Yoss LLP) 7904 Manor Forest Lane CO CH10 SEC. 10-56(A) CO CH10 SEC. 10-56(D) Repair or replace garage door. Location: Violation(s): Officer Lewis presented the case as contained in the staff report. The recommendation was to comply within 15 days. There was discussion 15 days was not enough. The home was in foreclosure and was vacated. Motion Based on the testimony and evidence presented in Case #09-191, Mr. Foot moved that this Board find that David & Alejandra Giorano 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 May 15, 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 May 15, 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 #08-1516 Location: Violation(s): Delray Boynton Academy, Inc. 425 NE 10th Ave. BBA FBC "04 105.1.1. Obtain permits for wall removal and electric that was installed. Four times fee applied. Red tagged. Mike Melillo, Senior Code Compliance Officer, presented the case as contained in the staff report. The recommendation was to comply within 10 days. The violation was a health and safety hazard. Motion Based on the testimony and evidence presented in Case #08-1516, Mr. LaTour moved that this Board find that Delray Boynton Academy, Inc. is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the 20 Meeting Minutes Code Compliance Meeting Boynton Beach, FL April 15, 2009 violation on or before April 25, 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 25, 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 #09-700 Location: Violation(s): Daniel E. White 524 NW 2nd Street CO CH15 SEC. 15-120(D) INC. CO CH 10 SEC. 10-56(B) Remove or register motor vehicles on property. Install four- inch numbers on the house. Officer Melillo presented the case as contained in the staff report. The recommendation was to comply within 10 days. The house numbers were posted. Motion Based on the testimony and evidence presented in Case #09-700, Mr. Karageorge moved that this Board find that Daniel E. White is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before April 25, 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 25, 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 #09-701 Location: Violation(s): Wells Fargo Bank NA, Trustee 233 NW 5th Court LDR CH2 SEC. 4(E) CO CH10 SEC. 10-56(B) Cut corner hedges to below 30" to remove visual traffic obstruction. Install four-inch numbers on the house. Officer Melillo presented the case as contained in the staff report. The recommendation was to comply within 10 days. The violations were health and safety hazards. 21 Meeting Minutes Code Compliance Meeting Boynton Beach, FL April 15, 2009 Motion Based on the testimony and evidence presented in Case #09-701, Mr. LaTour moved that this Board find that Wells Fargo Bank NA, Trustee 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 25, 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 April 25, 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. Vice Chair Yerzy seconded the motion that unanimously passed. Case #09-300 Location: Violation(s): Bertha Elmond 2915 SE 2nd Street CO CH13 SEC. 13-16 Obtain Business Receipt to rent residence. Officer Pierre presented the case as contained in the staff report. The recommendation was to comply within 10 days. Motion Based on the testimony and evidence presented in Case #09-300, Mr. Karageorge moved that this Board find that Bertha Elmond 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 25, 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 25, 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 #09-541 Location: Violation(s): Andrew & Sabina Smejkal 189 SE 27th Place CO CH15 SEC. 15-120(D) INC Remove debris from the property including stove. Remove inoperable vehicle. 22 Meeting Minutes Code Compliance Meeting Boynton Beach, FL April 15, 2009 Officer Pierre presented the case as contained in the staff report. The recommendation was to comply within 10 days. Motion Based on the testimony and evidence presented in Case #09-541, Vice Chair Yerzy moved that this Board find that Andrew & Sabina Smejkal 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 April 25, 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 April 25, 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 #09-620 Location: Violation(s): Warren & Martine Kuiper 215 Se 36th Avenue CO CH15 SEC. 15-120(D) INC Mow & trim yard. Secure property. Replace broken window. Officer Pierre presented the case as contained in the staff report. The recommendation was to comply within 10 days. Motion Based on the testimony and evidence presented in Case #09-620, Mr. Karageorge moved that this Board find that Warren & Martine Kuiper 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 April 25, 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 25, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion. It was noted the building was secured. 23 Meeting Minutes Code Compliance Meeting Boynton Beach, FL April 15, 2009 Vote Mr. Karageorge amended his motion to $50 per day. Mr. Foot agreed to the amendment. A vote was taken and the motion unanimously passed. Case #09-742 Location: Violation(s): Juvenal & Myrna Suarez 197 SE 27th Court BBA FBC '04 105.1.1 Red tagged. Obtain permit for wall. Officer Pierre presented the case as contained in the staff report. The recommendation was to comply within 30 days. Motion Based on the testimony and evidence presented in Case #09-742, Vice Chair Yerzy moved that this Board find that Juvenal & Myrna Suarez 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 May 15, 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 May 15, 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 #09-554 Location: Violation( s): Carole Volkman 411 SW 1st Avenue CO CH10 SEC. 10-24(A)(1) CO CH13 SEC. 13-16 Trash cans must be removed & out of sight after pick-up. Secure Business Tax Receipt to rent property. Officer Lewis presented the case as contained in the staff report. The recommendation was to comply within 10 days. Motion Based on the testimony and evidence presented in Case #09-554, Mr. Karageorge moved that this Board find that Carole Volkman is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the 24 Meeting Minutes Code Compliance Meeting Boynton Beach, FL April 15, 2009 violations on or before April 25, 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 April 25, 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. Vice Chair Yerzy seconded the motion that unanimously passed. Case #09-556 Location: Violation(s): Celord Barbier 464 SW 1 st Avenue LDR CH2 SEC. 5(D)(1) CO CH15 SEC. 15-120(D) INC Remove derelict boat and unlicensed vehicles. Remove outside storage from property. Officer Lewis presented the case as contained in the staff report. The recommendation was to comply within 10 days. Motion Based on the testimony and evidence presented in Case #09-556, Vice Chair Yerzy moved that this Board find that Celord Barbier 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 25, 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 violations continue past April 25, 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 #09-727 Location: Violation(s): Jean & Marie Charles 464 SW 10th Avenue LDR CH2 SEC. 5(D)(1) Major auto repair prohibited in residential zones. Officer Lewis presented the case as contained in the staff report. The recommendation was to comply within 10 days. 25 Meeting Minutes Code Compliance Meeting Boynton Beach, FL April 15, 2009 Motion Based on the testimony and evidence presented in Case #09-727, Mr. Foot moved that this Board find that Jean & Marie Charles 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 April 25, 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 25, 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. Vice Chair Yerzy seconded the motion. After discussion it was decided a Cease and Desist Order would be more appropriate. Mr. Foot withdrew his motion. Vice Chair Yerzy agreed. Motion Based on the testimony and evidence presented in Case #09-727, Mr. Foot moved that a Cease and Desist Order be issued giving Jean & Marie Charles until April 25, 2009 to bring the violation 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 Respondents, and any previous violations by the Respondents, and hereby orders that a fine in the amount of $250 per recurrence of the violation thereafter shall be imposed upon the respondents. Mr. Karageorge seconded the motion that passed unanimously. Case #08-1734 Location: Violation(s): Marie F. Lane 418 NW 13th Avenue PT3-LDR.CH20-VIII.SEC1.G. Secure property at each opening. Officer Lewis presented the case as contained in the staff report and requested an abatement order. Attorney Tolces advised the motion would be to recommend the City Commission take any action to alleviate any health, safety and welfare issues on the property. It was also noted there was a lien filed to secure all property openings. The fine was certified on October 15, 2008. Motion Mr. Foot moved for abatement. Mr. LaTour seconded the motion that unanimously passed. Officer Pierre recommended the following case be certified at $100 per day: 26 Meeting Minutes Code Compliance Meeting Boynton Beach, FL April 15, 2009 Case #09-148 Bank of New York, Tr. 2011 NW 2nd St. Motion Based on the testimony and evidence presented in Case #09-148, 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 $$100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Officer Pierre recommended the following cases be certified at $150 per day: Case #09-121 Donald Ross 2891 NE 4th St. Motion Based on the testimony and evidence presented in Case #09-121, 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 $150 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case #09-142 Jeannie L. Nixon 543 NW 11th Ave. Motion Based on the testimony and evidence presented in Case #09-142, 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 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. Ms. Carroll seconded the motion that unanimously passed. Case #09-7 Marcellus Jean Francois 238 SW 5th Ave. Motion Based on the testimony and evidence presented in Case #09-7, 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 violations, the actions 27 Meeting Minutes Code Compliance Meeting Boynton Beach, FL April 15, 2009 taken by the Respondent, that this Board impose and certify a fine in the amount of $150 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Officer Pierre recommended the following case be certified at $200: Case #09-66 Motion Jean P. Messeroux 2950 SE 2nd St. Based on the testimony and evidence presented in Case #09-66, Mr. Karageorge 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. Ms. Carroll seconded the motion that unanimously passed. Officer Pierre recommended the following cases be certified as "No Fine": Case #08-2773 Gregory L. White 152 NW 14th Ave. Motion Based on testimony and evidence presented in Case #08-2773, Mr. Karageorge moved that this Board find that the Respondent, Gregory L. White 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 27, 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." Vice Chair Yerzy seconded the motion that unanimously passed. Case #08-3157 Yachtsman Properties LLC 600 N. Federal Hwy 15 Kings Jamaican Bakery & Food Motion Based on testimony and evidence presented in Case #08-3157, Mr. Karageorge moved that this Board find that the Respondents, Yachtsman Properties LLCI Kings Jamaican Bakery & Food 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 February 18, 2009 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." Vice Chair Yerzy seconded the motion that unanimously passed. 28 Meeting Minutes Code Compliance Meeting Boynton Beach, FL April 15, 2009 Officer Pierre recommended tabling the following case to May 20, 2009: Case #08-1604 Jermaine & Regina N. Horne 2090 NE 1st Lane Motion Mr. LaTour moved that Case #08-1604 be tabled until the Code Compliance Board meeting to be held on May 20, 2009. Ms. Carroll seconded the motion that unanimously passed. Officer Pierre recommended tabling the following case to June 17, 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 June 17, 2009. Vice Chair Yerzy seconded the motion that unanimously passed. Mr. Blasie advised the following cases were recommended for foreclosure: Case #99-291 Case #06-23 Essie M. Mays Jerry & Melody A. Brandom 112 NW 10th Ave. 112 NW 10th Ave. Case #99-291 and Case #06-23 involved the same address. The building was vacant for some time and in various states of disrepair. It has had Code and Police issues and was located in the Heart of Boynton. The property is a nuisance property, although it was secured. Motion Case # 99-291, Vice Chair Yerzy moved to foreclose. Mr. LaRock seconded the motion that unanimously passed. Motion Case #06-23, Vice Chair Yerzy moved to foreclose. Ms. Carroll seconded the motion that unanimously passed. Case # 07-1381 Case #07-2141 Gail Luchey Andrew & Gail Luchey 124 NW 10th Ave. 118 NW 10th Ave. 29 Meeting Minutes Code Compliance Meeting Boynton Beach, FL April 15, 2009 Mr. Blasie reviewed Case #07-1381 at 124 NW 10th Avenue. The property owner is Gail Luchey. The property was an abandoned multi-family residence that is currently secured, but was a haven for drug use. This also pertained to Case #07-2141, as there were two cases on the property. Motion Case #07-1381, Mr. LaTour moved to foreclose. Ms. Carroll seconded the motion that unanimously passed. Motion Case #07-2141, Mr. LaTour moved to foreclose. Vice Chair Yerzy seconded the motion that unanimously passed. Case #08-1568 Case #08-1567 Andrew & Gail Luchey Gail Luchey 118 NW 10th Ave. 124 NW 10th Ave. Mr. Blasie reported this property was not totally secured. There is an automobile in the back with squatters in it. Drug dealers were present and the property is a nuisance to the neighborhood. Motion Case #08-1567, Mr. LaTour moved to foreclose. Vice Chair Yerzy seconded the motion. There was discussion if there are individuals living in the vehicle behind the house, the foreclosure would not alleviate it. Mr. Blasie advised the police would need to address it. Vote There was a vote on the motion that unanimously passed. Motion Case #08-1568, Mr. LaTour moved to foreclose. Mr. LaRock seconded the motion that unanimously passed. Attorney Tolces advised the time it takes to foreclose a property varies. He announced the City was able to recover some funds as a result of a foreclosure proceeding of approximately $4,000, which was split with another party. Another lien would yield another $2,500. 30 Meeting Minutes Code Compliance Meeting Boynton Beach, FL April 15, 2009 A workshop would be held on Thursday, April 23, 2009. Mr. LaTour advised he would be late. Chair Costantino advised the new members that if they cannot attend the meeting, it is necessary they contact the Chair. Adjournment Mr. LaTour moved to adjourn. Vice Chair Yerzy seconded the motion that unanimously passed. The meeting properly adjourned at 8:58 p.m. ~~():1jvurpJL/J J fl A AlL Catherine Che~''-V~ ([ Recording Secretary 041609 31