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Minutes 05-20-09 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, MAY 20, 2009, AT 7:00 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Scott Blasie, Code Compliance Administrator Richard Yerzy, Vice Chair David Tolces, Board Attorney Kathleen Carroll Robert Foot Kirk LaRock Jamie LaTour James Brake, Alternate I. Call to Order Chair Costantino called the meeting to order at 7:00 p.m. II. Approval of April 15, 2009 Minutes Motion Mr. Foot moved that approval of the minutes be tabled until the Code Compliance Board meeting to be held on June 17, 2009. Mr. Yerzy seconded the motion that unanimously passed. Chair Costantino announced Mr. LaTour would be arriving between 7:00 p.m. and 7:30 p.m. II. Approval of Agenda Mike Melillo, Senior Code Officer, requested Case #07-3227 be tabled for 30 days until June 17, 2009. Motion Mr. Foot moved that Case #07-3227 be tabled until the Code Compliance Board meeting to be held on June 17, 2009. Mr. Karageorge seconded the motion that unanimously passed. Officer Melillo reported the following: The following cases came into compliance: #08-3858, #09-769, #09-772, #09-841 #09-885, #09-1002, #09-1006, #09-1054, #09-1056, and #09-1058. 1 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 20, 2009 The following cases were removed: #09-797, #09-838, #09-907, #09-1010, and #09- 1057. Officer Melillo requested Case #09-974 be tabled for 30 days until June 17, 2009. Motion Mr. Karageorge moved that Case #0974 be tabled until the Code Compliance Board meeting to be held on June 17, 2009. Mr. Yerzy seconded the motion that unanimously passed Motion Mr. Karageorge moved to accept the agenda. Mr. Yerzy seconded the motion that passed unanimously. IV. Swearing in of Witnesses and Introduction Attorney Tolces set forth an explanation of the hearing procedure and administered the oath to all who would be testifying. Officer Melillo called the roll and determined who was present. Case #09-812 Michael J. and Jane A. Morris th 921 SW 34 Avenue CO CH 15 SEC. 15-120(D) 1 Inc CO CH10 SEC.10-56(A) CO CH10 SEC.10-56(B) CO CH10 SEC.10-56(C) CO CH10 SEC.10-56(D) Secure pool with an approved pool barrier; repair/replace missing or broken windows and exterior doors; repair or remove deteriorated dock and deck; remove outdoor stored materials in back of property. Skip Lewis, Senior Code Officer, presented the case and reviewed the details of the violations. Officer Lewis provided photographs for the Board's review. 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 20, 2009 Michael J. Morris, 921 SW 34 Avenue, pled no contest. Officer Lewis noted Mr. Morris could put up a temporary barrier around the pool, and Mr. Morris agreed to do so on May 21, 2009. The remaining violations had not come into compliance. Motion Based on the testimony and evidence presented in Case #09-812, Mr. Karageorge moved that this Board find that Michael J. and Jane A. Morris 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 August 18, 2009. The Board has considered the gravity of the violations, the actions taken by the Respondent 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 August 18, 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. LaRock seconded the motion. Discussion ensued. Mr. Foot sought a distinction between the pool issue and the remainder of the violations. Mr. Karageorge advised the intent of his motion was that all violations come into compliance within 90 days. Mr. Foot noted his objection, as the pool violation represented a safety issue. He requested Mr. Karageorge withdraw or amend his motion. Mr. Karageorge agreed to rescind his motion and offer two motions in lieu thereof. Chair Costantino acknowledged the original motion made by Mr. Karageorge and seconded by Mr. LaRock had been rescinded, and two new motions would be offered. Motion Based on the testimony and evidence presented in Case #09-812, Mr. Karageorge moved that this Board find that Michael J. and Jane A. Morris are in violation of the City of Boynton Beach Code sections cited with respect to the violation specifically on the pool barrier code, of securing and approving the barrier, and moved to order that the Respondents correct the violations on or before May 30, 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 $500 per day for each day the violations continue past May 30, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that passed unanimously. 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 20, 2009 Motion Based on the testimony and evidence presented in Case #09-812, Mr. Karageorge moved that this Board find that Michael J. and Jane A. Morris are in violation of the City of Boynton Beach Code sections cited dealing with the repair and replacement of the missing or broken windows and exterior doors, repair or removal of the deteriorated dock and deck, and removal of outdoor stored materials in the back of the property, and moved to order that the Respondents correct the violations on or before August 18, 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 August 18, 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. LaRock seconded the motion. Attorney Tolces noted the Respondents were required to comply with both orders individually. The motion passed unanimously. Case #09-862 Nelson and Teofila Quinapallo nd 2897 SE 2 Street CO CH 15 SEC. 15-120(D) 1 Inc Remove sod from yard and unregistered/inoperable vehicle from the carport, including debris in carport. Vestiguerne Pierre, Senior Code Officer, presented the case and reviewed the details of the violation. th Nelson Quinapallo, 416 SW 7 Avenue, pled no contest. He noted he had not been residing at the premises and had instructed the tenants to attend to the violations. As they had not done so, it was Mr. Quinapallo's intent to have the tenants vacate the premises. He contended while the tenants had made minor repairs to their vehicle, the property had not been utilized as a garage, and no major repairs had been made. With regard to the yard violation, Mr. Quinapallo had been visiting the property to ensure the sprinklers were turned on. Despite his efforts, the tenants would turn the sprinklers off to prevent the water from rusting. Mr. Quinapallo was reminded that as the property owner, it was his responsibility to cure the violations. Mr. Quinapallo had not responded 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 20, 2009 to the Board's request for a timeframe for compliance. Photographs were provided for the Board's review. Motion Based on the testimony and evidence presented in Case #09-862, Mr. Yerzy moved that this Board find that Nelson and Teofila Quinapallo 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 June 19, 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 June 19, 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. Chair Costantino noted the tenants had been making more than minor car repairs, and had been operating a full body shop on the property. As such, she believed the fine should be increased. Discussion ensued. With the onset of the hurricane season, it was believed the time element for removal of the debris should also be addressed. Attorney Tolces suggested the Board include all violations and the timeframe element in one Order, as splitting Orders would result in additional paperwork, time and expense for staff. In response to Chair Costantino's comments, Mr. Yerzy amended his motion to double the fine to $200 per day. Mr. Karageorge seconded the amended motion which passed unanimously. Case #09-901 215 S. Seacrest LLC 215 S. Seacrest Blvd. BBA FBC '04 105.1.1 Permits required for HVAC changeouts; secure permits and proceed with inspection requirements. Red-tagged by Building Department. Pete Roy, Chief Code and Rehabilitation Officer, presented the case and reviewed the details of the violation. The Notice was sent via certified mail but was not signed. 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 20, 2009 Thereafter, the Notice was posted on the property May 7, 2009. Staff recommended 10 days for compliance. (Mr. LaTour arrived at 7:28 p.m.) Richard Berg, 5754 Hamilton Way, Boca Raton, Managing Member of 215 S. Seacrest LLC, pled no contest. Mr. Berg's air-conditioning vendor advised he would have the permits by May 22, 2009. He had originally applied for three permits and was informed a fourth was required. Mr. Berg noted he had telephoned Officer Roy upon his receipt of the Notice, and had attended to the violations immediately. He believed he could bring the property into compliance in 30 days. Motion Based on the testimony and evidence presented in Case #09-901, Mr. Karageorge moved that this Board find that 215 S. Seacrest 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 19, 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 19, 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 #09-902 215 S. Seacrest LLC nd 107 NW 2 Avenue BBA FBC '04 105.1.1 Permits required for HVAC changeouts; secure permits and proceed with inspections required. Red tagged issued by Building Department. Officer Roy presented the case and reviewed the details of the violation. The Notice was sent via certified mail, but was not signed. The Notice was then posted at the property location on May 2, 2009. Staff recommended 30 days for compliance. Richard Berg, 5754 Hamilton Way, Boca Raton, Managing Member of 215 S. Seacrest LLC, pled no contest. Motion 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 20, 2009 Based on the testimony and evidence presented in Case #09-902, Mr. Karageorge moved that this Board find that 215 S. Seacrest 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 19, 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 19, 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. st Case #08-1319 John Van De Warker 135 SW 1 Avenue Willie Webb, Senior Code Officer, presented the case. In order to come into compliance, the Respondent was required to hire a licensed contractor to obtain a permit for interior remodeling and alterations. The Respondent had been originally cited on May 2, 2008. The case had been brought before the Board on June 18, 2008, and Mr. Van De Warker had appeared. The Board had established a compliance date of August 17, 2008, or $100 per day. The violation still existed, and there were 275 days of non-compliance. th John Van De Warker, 312 SW 11 Avenue, advised he did not reside at the property, which was currently occupied by tenants. He had been unable to remedy the violation as a result of financial difficulties. The approximate cost for the work required was $30,000. Additionally, the roof was leaking and would have to be repaired prior to compliance. Chair Costantino reminded the Respondent the fine had exceeded $20,000 and would continue to run. Mr. Van De Warker noted the property was in foreclosure, and he was in negotiations with the bank. To date, Mr. Van De Warker had not obtained a general contractor or pulled the necessary permits. However, he was willing to take all steps necessary to bring the property into compliance. Scott Blasie, Code Compliance Administrator, had assumed the unit was empty. The tenants currently occupied the west side of the premises, and there had been no issue with that portion of the property. The work was being performed on the east side, which was empty and had been secured. The City had no objection to tabling the case, as no danger would be caused to anyone, and an extension would provide an opportunity for the Respondent to repair the roof. It was believed the situation could have been compartmentalized by obtaining a permit and calling for an inspection. Mr. Blasie believed the matter should be tabled for 90 days to provide an opportunity for the Respondent to comply. A good deal of the plan 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 20, 2009 review had been completed and approved. Chair Costantino felt 60 days would be more appropriate, and would provide an opportunity for the Board to track the Respondent's progress. Motion Mr. Karageorge moved that Case #08-1319 be tabled until the Code Compliance Board meeting to be held on July 15, 2009. Mr. LaTour seconded the motion that unanimously passed. th Case #09-541 Andrew and Sabina Smejkal 189 SE 27 Place Officer Pierre presented the case and advised the Respondents were required to remove the inoperable vehicle, stove and debris from the property. The Respondents had been originally cited on February 24, 2009. The case had been presented to the Board on April 15, 2009, and no one had appeared. The Board had established a compliance date of April 25, 2009, or $100 per day. The violation still existed, and there were 24 days of non-compliance. Andrew Smejkal, 9561 Carousel Circle East, Boca Raton, had recently learned of the violation at the time the tenant handed him the Notice. He telephoned Code Compliance on May 19, 2009 and was advised the Notice had been mailed to him at the address listed on the tax records, rather than the address at which he resided. When no response had been received from Mr. Smejkal, the Notice was posted on the door of the premises. As a result, Mr. Smejkal had never received any of the Notices. The City's records were changed and now reflect Mr. Smejkal's address in Boca Raton. Mr. Smejkal then contacted Officer Pierre who advised the stove had been removed, but the vehicle owned by the tenant had not been removed from the property. Mr. Smejkal contacted Eastern Towing, the company on file with the City, and was advised, a "tow-away zone" sign would have to be posted in front of the property for 24 hours before the vehicle could be towed. Mr. Smejkal visited the premises on May 19, 2009 and posted the sign by 5:00 p.m. Thereafter, Mr. Smejkal contacted the tenant requesting the vehicle be removed from the property. To date, the tenant had not complied. Therefore, it was Mr. Smejkal's intent to contact Eastern Towing on May 21, 2009 to have the vehicle removed from the premises. Officer Pierre advised he had originally opened the case for the purpose of having the vehicle towed. However, each time the towing company attempted to remove the vehicle from the property, the tenant blocked the towing company from doing so. Officer Pierre subsequently closed the case and opened a new case requiring the tenant 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 20, 2009 to remove his vehicle from the property. Mr. Smejkal indicated the vehicle would be removed on May 21, 2009. It was suggested, rather than placing a lien on the property at this time, the case be tabled until next month, as long as a fine could be imposed in the event the property had not been brought into compliance. Motion Mr. Foot moved that Case #09-541 be tabled until the Code Compliance Board meeting to be held on June 17, 2009. Ms. Carroll seconded the motion that unanimously passed. Case #08-2119 Joel and Rosalia Deyback 7124 Chesapeake Cir. Mr. Blasie presented the case and reviewed the details of the violations. The Respondents had been originally cited on July 22, 2008 and were required to remove a dead palm tree and mow the property. The case had been presented to the Board on September 17, 2008, and no one had appeared. The Board had established a compliance date of September 27, 2008, or $50 a day. Compliance had been documented on April 22, 2009, and there were 206 days of non-compliance. Photographs were provided for the Board's review. It was noted the property was in foreclosure. James Burk, 318 S. Palm Way, Lake Worth, noted he had no relationship with the Deybacks. The property had been in foreclosure, and Mr. Burk was the real estate broker for the current owner, Bank of New York Mellon. The property was currently under contract, and the closing date would be rescheduled. Mr. Blasie provided an overview of the lien reduction procedure. The City's ordinances required the Board's decision on the lien reductions 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. In the case of foreclosures, it was the Board's intent to recover staff costs and possibly other necessary costs. It was important the Board and staff be made aware of any unpaid water or garbage bills, lot mowing liens or back taxes which were required to be paid by the applicant, and whether any work was performed on the property at the applicant's expense. The applicant should be prepared to testify and present any evidence of the expenses paid. 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 20, 2009 Mr. Burk indicated the current owner's costs had been minimal and pertained to the removal of a dead palm tree and landscaping. Mr. Blasie noted his records indicated back taxes of $11,963. However, this had been previously paid. Suggestions for a fine included: ?The sum of $1,000 plus administrative costs; ?Administrative costs only; or ?The sum of $1,149, including administrative costs. Motion Based on testimony and evidence presented in Case #08-2119, 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. Yerzy moved that this Board reduce the fines instituted in Case #08-2119, by virtue of this Board's Order of September 17, 2008, to an amount of $1,149, including administrative costs. Mr. LaTour seconded the motion that unanimously passed. Case #08-801 Countrywide Bank, NA 7042 Chesapeake Cir. Mr. Blasie advised the property was in foreclosure. The Respondents had been originally served on March 12, 2008 for violations to the Code and Land Development Regulations. The structure had been damaged by fire during an attempted suicide. The fire had destroyed the garage and caused smoke damage to the structure. It had been necessary to repair the garage and replace the plywood, mow, weed and trim, paint the house, replace the facia and secure the property. The case was brought before the Board May 21, 2008, and no one had appeared. A compliance date and fine was established of May 31, 2008, or $1,000 per day. Compliance had been documented on May 19, 2009. Mr. Blasie provided photographs for the Board's review. Mark Schoen, 3646 Cypress Edge Drive, Lake Worth, advised he was the managing broker for Prudential Florida Realty. Prudential had obtained the listing five or six weeks ago, and the property went under contract the next day. Upon the title company's discovery of the lien, Mr. Schoen telephoned Code Compliance and attended to the violations. An extension to close on the property had been coordinated. The new owner would arrange for any other repairs to be made as quickly as possible and would be residing at the premises. Countrywide had paid two years of back taxes, a water bill for $880 and the Homeowner's Association fees for the past two years. The 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 20, 2009 mortgage was in the amount of $304,000 and the house was sold for $108,000, for a loss of $200,000. It was questioned whether the delinquencies had been incurred prior to the suicide attempt. Mr. Blasie believed the fire had occurred on September 18, 2006, prior to Countrywide having taken over the property. As set forth earlier, the case had not been brought before the Board until March 12, 2008. Motion Based on testimony and evidence presented in Case #08-801, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Yerzy moved that this Board reduce the fines instituted in Case #08-801, by virtue of this Board's Order of May 21, 2008, to an amount of $9,530, including administrative costs. Mr. Foot seconded the motion. Mr. Yerzy explained the reduced fine of $9,530 amounted to 2.5% of the lien amount ($352,000) or $8,800, plus administrative costs of $730. The motion passed unanimously. Mr. Burk requested a further reduction based on all of the expenses associated with compliance and the sale of the property. Mr. Burk was reminded that he had been instructed to provide all the financial information before the Board had voted. The Board did not wish to reconsider, believing the reduced fine was fair and appropriate. Case #07-3383 Maritess Cadano and 1819 Stonehaven Dr. Mycel Perez Mr. Blasie noted the property had been in foreclosure. The Respondents had originally been cited on November 29, 2007 for violations to the City's Community Appearance Code. The structure had been damaged by water and termites. The case had been brought before the Board on February 20, 2008, and no one had appeared. The Board had established a compliance date of March 21, 2008, or a fine of $50 per day. Compliance had been confirmed on December 17, 2009, with 270 days of non- compliance. The lis pendens had been recorded on November 8, 2007, and the final summary judgment on March 24, 2008. The City's lien, however, was still valid. Mr. Blasie provided photographs for the Board's review. Frank Wallmueller, 4101 Manor Forest Trail, of Lenson Realty, noted he was representing Mark Lenson for the current owner. Lenson Realty was given the property 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 20, 2009 th to manage on May 6, and the property was put on the market a month later. Shortly thereafter, the liens on the property had been discovered, and the necessary repairs had been made. The property was currently under contract and the closing, which was originally scheduled for May 22, 2009, would be rescheduled to some time next week. Mr. Wallmueller had in his possession the bill from the contractor in the amounts of $18,000, $12,700 and $3,000, together with the Release of Lien. Motion Based on testimony and evidence presented in Case #07-3383, 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. Yerzy moved that this Board reduce the fines of $13,500 instituted in Case #07-3383, by virtue of this Board's Order of February 20, 2008, to an amount of $1,309 including administrative costs. Mr. Karageorge seconded the motion. Mr. Yerzy noted he arrived at the sum of $1,309 by reducing the fine to 5% and adding the administrative costs. Mr. Foot suggested the fine be doubled, as the neighborhood was forced to view a distinctly unpleasant structure. The comment was made that the 5% reduction had been a guideline used by the Board in the past. The motion passed 6-1 (Mr. Foot dissenting). Case #07-561 Yachtsman Properties LLC 1550 N. Federal Hwy. Mr. Blasie reported the Respondent had been originally cited on March 2, 2007. The case had been presented to the Board on March 21, 2007, and Andrew Cohen had appeared. The Board had established a compliance date of June 19, 2007, or a fine of $250 per day. Compliance had been documented on June 16, 2008, with 362 days of non-compliance. "Before and after" photographs had been provided for the Board's review. th Andrew Cohen, 4721 NW 28 Way, Boca Raton, agent, set forth the circumstances surrounding the matter. A facade grant in the maximum allowable amount of $15,000 had been provided by the CRA for the restoration of the plaza, which had now come into compliance. Most of the facade work visible to the public had been completed within the first 90-day period. Mr. Cohen was attempting to advance the viability of the plaza in order to attract desirable tenants. The cost for the roof tiles, paint, stucco, and parking lot restoration amounted to between $55,000 and $60,000, and the Respondent was required to match the City's $15,000 grant. Motion 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 20, 2009 Based on testimony and evidence presented in Case #07-561, 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 #07-561, by virtue of this Board's Order of March 21, 2007, to an amount of $5,831.33, including administrative costs. Mr. Yerzy seconded the motion. Mr. Karageorge noted the reduced fine of $5,831.33 amounted to 5% of the original fine ($90,500), or $4,525, plus administrative costs. It was commented the formula for setting a fine had been addressed at the recent workshop, and it had been discussed a 5% reduction should not be the standard by which a fine was determined. Mr. Karageorge pointed out it had also been discussed that the Board would proceed on a case-by-case basis. He believed the 5% was fair and equitable in this case, based on the measures taken by Mr. Cohen to improve the plaza, bring the property into compliance and pursue the facade grant from the CRA. The vote passed 6-1 (Ms. Carroll dissenting). Case #07-564 Yachtsman Properties LLC 1600 N. Federal Hwy. Mr. Blasie reported the Respondent had been originally cited on March 2, 2007. The case had been presented to the Board on March 21, 2007, and Andrew Cohen had appeared. The Board had established a compliance date of June 19, 2007, or a fine of $250 per day. Compliance had been documented on June 16, 2008, with 362 days of non-compliance. Photograph had been provided for the Board's review. th Andrew Cohen, 4721 NW 28 Way, Boca Raton, noted his appearance. Motion Based on testimony and evidence presented in Case #07-564, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. LaTour moved that this Board reduce the fines instituted in Case #07-564, by virtue of this Board's Order of March 21, 2007, to an amount of $1,306.33, which were the administrative costs. Mr. Yerzy seconded the motion that passed 6-1 (Mr. Foot dissenting). 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 20, 2009 th Case #08-3098 Deutsche Bank National Trust 510 NW 11 Ave. Mr. Blasie noted the Respondent had been originally cited on October 14, 2008 for violations to the Code. The property had been unsecured, overgrown and littered with trash and debris. The case had been brought before the Board on November 19, 2008, and no one had appeared. A date and fine had been established of November 29, 2008, or $500 per day. Compliance had been documented on January 14, 2009, and there were 45 days of non-compliance. Mr. Blasie provided photographs for the Board's review. th Eloise Wexler, 2726 SW 5 Street, Delray, noted she was the listing broker for Nautica Realty. The 10-day compliance period and high fine were questioned. It was noted the 10-day compliance period and $500 were imposed as the property had not been secured and had the potential to be used for nefarious purposes. Ms. Wexler noted a delinquent water bill for $60 and back taxes had been paid by the Bank. The Bank had incurred numerous expenses as a result of ongoing vandalism of the property. The Bank had invested approximately $24,000 to renovate the bathrooms, kitchen, air-conditioning systems and water heaters. The property had been under contract, and it appeared the closing would be extended for approximately one week. The property had originally been listed for $119,900, but had been reduced to $15,000. Ms. Wexler had in her possession the original listing agreement reflecting the $119,900 sales price, as well as a broker's opinion estimating the value of the property at $234,000 in April 2007 with an anticipated sales price of $227,000. Motion Based on testimony and evidence presented in Case #08-3098, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Ms. Carroll moved that this Board reduce the fines instituted in Case #08-3098, by virtue of this Board's Order of November 19, 2008, to an amount of $634.12, the administrative costs. Mr. LaRock seconded the motion. Ms. Wexler noted the property had previously been under contract, and when the original buyer's contractors had arrived at the property to determine a budget for the scope of work needed, the contractors had been accosted and solicited. The property also had been to auction on several occasions. As such, she believed she was fortunate to have a buyer for the property. 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 20, 2009 Discussion ensued. It was suggested the fine be increased to $1,759 including administrative costs. Ms. Carroll felt the City should cut its losses and allow the sale to proceed. She disagreed with the suggested fine of $1,759. The motion failed 1-6 on roll call vote (Chair Costantino, Messrs. Foot, Karageorge, LaRock, LaTour and Yerzy dissenting). Motion Based on testimony and evidence presented in Case #08-3098, 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 #08-3098, by virtue of this Board's Order of November 19, 2008, to an amount of $1,759.12, including administrative costs. Mr. Yerzy seconded the motion that unanimously passed. Mr. Karageorge noted the reduced fine of $1,759.12 amounted to 5% of the original fine plus administrative costs. He explained the 5% penalty had been used as a guideline and was not "set in stone." Ms. Carroll objected, as she believed it appeared the 5% penalty had been set in stone, and was not fair to the applicants. Chair Costantino noted other communities had utilized a flat 10% for their penalty. The meeting recessed at 8:48 p.m. and reconvened at 8:55 p.m. (Ms. Carroll did not return to the meeting.) Case #09-956 1420 Holdings and Innovative Wood Studios LLC th 1420 SW 30 Ave. #13 CO CH9 SEC.9-22(C) Fire Inspection Annual Fees John Herring, Code Officer, presented the case and reviewed the details of the violation. Staff recommended 10 days for compliance. Motion Based on the testimony and evidence presented in Case #09-956, Mr. LaTour moved that this board find that 1420 Holdings, is in violation of City of Boynton Beach Code Section as cited, and move to order that the Respondent correct the violation on or 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 20, 2009 before May 30, 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 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 and verification of payment of the fees to comply with this Order. Mr. Yerzy seconded the motion that passed unanimously. Motion Based on the testimony and evidence presented in Case #09-956, Mr. LaTour moved that this board find that Innovative Wood Studios LLC, is in violation of City of Boynton Beach Code Section as cited, and move to order that the Respondent correct the violation on or before May 30, 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 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 and verification of payment of the fees to comply with this Order. Mr. Yerzy seconded the motion that passed unanimously. Case # 09-1015 Felix 21 LLC 3300 S. Congress Ave. #01 CO CH9 SEC. 9-22(C) Fire Inspection Annual Fees Officer Herring presented the case and reviewed the details of the violation. Staff recommended 10 days for compliance. Motion Based on the testimony and evidence presented in Case #09-1015, Mr. LaTour moved that this Board find that Felix 21 LLC, is in violation of City of Boynton Beach Code Section as cited, and move to order that the Respondent correct the violation on or before May 30, 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 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 and 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 20, 2009 verification of payment of the fees to comply with this Order. Mr. Yerzy seconded the motion that passed unanimously. Case #09-1017 1420 Holdings and Ray Greaves Bldg. th 1420 SW 30 Ave. CO CH9 SEC.9-22(C) Fire Inspection Annual Fees Officer Herring presented the case and reviewed the details of the violation. Staff recommended 10 days for compliance. Motion Based on the testimony and evidence presented in Case #09-1017, Mr. Foot moved that this Board find that 1420 Holdings is in violation of City of Boynton Beach Code Section as cited, and move to order that the Respondent correct the violation on or before May 30, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violation 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 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 and verification of payment of the fees to comply with this Order. Mr. Yerzy seconded the motion that passed unanimously. Motion Based on the testimony and evidence presented in Case #09-1017 Mr. Foot moved that this Board find that Raymond Greaves Bldg. is in violation of City of Boynton Beach Code Section as cited, and move to order that the Respondent correct the violation on or before May 30, 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 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 and verification of payment of the fees to comply with this Order. Mr. Yerzy seconded the motion that passed unanimously. Case #09-877 Danny and Gwen Peters 2941 Ocean Parkway 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 20, 2009 CO CH 15 SEC. 15-120(D) Inc CO CH10 SEC.10-56(C) CO CH10 SEC.10-2 Secure Pool and remove all trash and debris from front and rear yard; remove Florida Holly from property. Courtney Cain, Code Officer, presented the case and reviewed the details of the violation. Staff recommended 10 days for compliance. Motion Based on the testimony and evidence presented in Case #09-877, Mr. Foot moved that this Board find that Danny and Gwen Peters 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 30, 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 $500 per day for each day the violations continue past May 30, 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 #09-941 Joseph, Jr. and Connie Defeo 825 Ocean Inlet Drive BBS FBC '04 105.1.1 Obtain new permit or permit extension to replace Permit #05-299 which expired. Obtain final inspection per red tag dated April 1, 2009. Officer Cain presented the case and reviewed the details of the violation. Staff recommended 10 days for compliance. Mr. Foot did not believe 10 days was reasonable and noted he would offer a motion to comply within 30 days. Motion 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 20, 2009 Based on the testimony and evidence presented in Case #09-941, Mr. Foot moved that this Board find that Joseph, Jr. and Connie Defeo 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 June 19, 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 June 19, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that unanimously passed. Case #09-810 US Bank National Association th 211 SE 4 Avenue CO CH10 SEC.10-56(A) CO CH10 SEC.10-56(D) CO CH10 SEC.10-56(E) CO CH10 SEC.10-59(E) Repair or replace all broken windows. Repair or replace damaged soffit. Remove all mold from building and replace damaged electrical outlet. Officer Herring presented the case and reviewed the details of the violations. The premises were vacant. Staff recommended 15 days for compliance. Motion Based on the testimony and evidence presented in Case #09-810, Mr. Karageorge moved that this Board find that US Bank National Association 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 June 4, 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 June 4, 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. LaRock seconded the motion. 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 20, 2009 Mr. Foot agreed the work was necessary, but did not believe 15 days was realistic. Mr. Karageorge desired compliance in 15 days, as the violation constituted a safety hazard. The motion passed 5-1 (Mr. Foot dissenting). Case #09-801 Jerome and April Kern 2317 N. Congress Ave. #17 CO CH10 SEC,10-56D CO CH13 SEC.13-16 Repair or replace exterior door; repair water leaks to maintain a weather-tight structure. Obtain Business Tax Receipt to rent residence. Skip Lewis, Senior Code Officer, presented the case and reviewed the details of the violation. Staff recommended 15 days for compliance. Motion Based on the testimony and evidence presented in Case #09-801, Mr. Yerzy moved that this Board find that Jerome and April Kern 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 June 4, 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 $250 per day for each day the violations continue past June 4, 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 #09-947 Mark Schiff 3805 S. Lake Drive CO CH15 SEC.15-120(D) Inc Trim overgrown edge (off roadway) on northeast side corner of property. Mow and weed overgrown yard areas. Remove any trash and debris. Officer Lewis presented the case and reviewed the details of the violation. Staff recommended 15 days for compliance. 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 20, 2009 Motion Based on the testimony and evidence presented in Case #09-947, Mr. Yerzy moved that this Board find that Mark Schiff 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 4, 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 4, 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 #09-518 Yves and Joseph Benel th 520 NW 11 Avenue CO CH10 SEC.10-56(A) CO CH10 SEC.10-56(D) Officer Melillo presented the case and reviewed the details of the violations. Staff recommended 10 days for compliance. Motion Based on the testimony and evidence presented in Case #09-518 , Mr. LaTour moved that this Board find that Yves and Joseph Benel 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 30. 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 $500 per day for each day the violations continue past May 30, 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. LaRock seconded the motion that unanimously passed. Case #09-686 Thomas and Maria Vilius th 125 NW 4 Avenue CO CH10 SEC.10-56(B) CO CH15 SEC.15-120(D) Inc Repair or replace driveway. 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 20, 2009 Officer Melillo presented the case and reviewed the details of the violations. Staff recommended 10 days for compliance. Motion Based on the testimony and evidence presented in Case #09-686, Mr. Yerzy moved that this Board find that Thomas and Maria Vilius 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 30, 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 May 30, 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. It was noted the Respondents were repeat offenders. Case #09-985 A. and Ruthie Banks th 430 NW 5 Avenue CO CH15 SEC.15-120(D) Inc Remove unregistered and inoperable motor vehicle. Remove all outside storage and trash. Officer Melillo presented the case and reviewed the details of the violation. Staff recommended 10 days for compliance. Motion Based on the testimony and evidence presented in Case #09-985, Mr. Foot moved that this Board find that A. and Ruthie Banks 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 30, 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 30, 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 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 20, 2009 property to verify compliance with this Order. Mr. Yerzy seconded the motion that unanimously passed. Case #09-1130 Isidora R. Johnson th 608 NW 5 Street CO CH15 SEC.15-120(D) Inc. Remove all inoperable and unregistered motor vehicles. Mow grass and weeds. Remove Lose tree limbs and trash. Officer Melillo presented the case and reviewed the details of the violation. Staff recommended 10 days for compliance. Motion Based on the testimony and evidence presented in Case #09-1130, Mr. LaRock moved that this Board find that Isidora R. Johnson is in violation of the City of Boynton Beach Code section cited and moved to order that the Respondent correct the violation on or before May 30, 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 $200 per day for each day the violation continues 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. Yerzy seconded the motion that unanimously passed. It was noted the Respondent was a repeat offender. Case #09-338 1420 Holdings and Raymond Greaves th 1420 SW 30 Avenue BBA FBC '04 105.1.1 Obtain permit for installation of French doors between Units 14 and 15; obtain permit for demolition of stud wall for Unit 5 as noted on red tag dated January 16, 2009. 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 20, 2009 Officer Pierre presented the case and reviewed the details of the violation. Staff recommended 30 days for compliance. Attorney Tolces noted a motion against the property owner, 1420 Holdings, was sufficient. Motion Based on the testimony and evidence presented in Case #09-338, Mr. Yerzy moved that this Board find that 1420 Holdings is in violation of the City of Boynton Beach Code Section cited and moved to order that the Respondent correct the violation on or before June 19, 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 June 19, 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 #09-1044 Tyler Little and Evelyn Deleon st 2935 SE 1 Street CO CH15 SEC.15-120(D) Inc Remove trash and debris from front yard including used tires; repair driveway. Officer Pierre presented the case and reviewed the details of the violation. Staff recommended 10 days for compliance. Motion Based on the testimony and evidence presented in Case #09-1044, Mr. Yerzy moved that this Board find that Tyler Little and Evelyn Deleon 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 30, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $150 per day for each day the violation continues past May 30, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaTour seconded the motion that unanimously passed. 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 20, 2009 Case #09-1074 Alsone Villas th 235 SE 26 Ave. CO CH15 SEC.15-120(D) Inc Fix all windows; remove trash and debris from property. Sod yard. Officer Pierre presented the case and reviewed the details of the violation. Staff recommended 10 days for compliance. Motion Based on the testimony and evidence presented in Case #09-1074, Mr. Yerzy moved that this Board find that Alsone Villas 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 30, 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 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. LaRock seconded the motion that unanimously passed. Case #09-778 Keithon and Marcell Wright th 317 SW 4 Street CO CH15 SEC.15-120(D) Inc. Remove any unlicensed and unregistered vehicles from property. Officer Roy presented the case and reviewed the details of the violation. Staff recommended 10 days for compliance. Motion Based on the testimony and evidence presented in Case #09-778, Mr. Yerzy moved that this Board find that Keithon and Marcell Wright 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 30, 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, 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 20, 2009 a fine in the amount of $150 per day for each day the violation continues past May 30, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaTour seconded the motion that unanimously passed. Case #09-818 Louis Dacilas th 145 SW 13 Street CO CH15 SEC.15-120(E) Inc CO CH10 SEC. 10-56(A) CO CH10-56(B) Remove all trash, debris and horticultural debris. Trim all overgrowth on property. Officer Roy presented the case and reviewed the details of the violations. Staff recommended 10 days for compliance. Motion Based on the testimony and evidence presented in Case #09-818, Mr. LaRock moved that this Board find that Louis Dacilas 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 contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that unanimously passed. Case #09-945 Raymond T. Zompa th 416 SW 5 Avenue CO CH15 SECF. 15-120(D) Inc Remove loose trash. Mow grass and weeds. Officer Roy presented the case and reviewed the details of the violation. Staff recommended 10 days for compliance. Motion 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 20, 2009 Based on the testimony and evidence presented in Case #09-945, Mr. LaTour moved that this Board find that Raymond T. Zompa 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 30, 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 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. Foot seconded the motion that unanimously passed. Case #09-996 Donald Clap TR rd 805 SW 3 Street CO CH15 SEC.15-120(E) Inc Remove inoperable and unregistered vehicles from property (brown pickup on west side). Officer Roy presented the case and reviewed the details of the violation. Staff recommended 10 days for compliance. Motion Based on the testimony and evidence presented in Case #09-996, Mr. Yerzy moved that this Board find that Donald Clap TR is in violation of the City of Boynton Beach Code Section cited and moved to order that the Respondent correct the violation on or before May 30, 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 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. Karageorge seconded the motion that unanimously passed. Case #09-1031 Ilner Dorzin th 637 SW 4 Avenue BBA FBC '04 105.1.1 Obtain new permit for installation of 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 20, 2009 storm shutters on windows and sliding glass doors. Permit #05-3409 has expired and was voided as there was no final inspection. Officer Roy presented the case and reviewed the details of the violation. Staff recommended 10 days for compliance. The Board did not believe a 10-day compliance period was feasible and suggested a compliance date of June 19, 2009. Motion Based on the testimony and evidence presented in Case #09-1031, Mr. LaTour moved that this Board find that Ilner Dorzin 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 19, 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 19, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that unanimously passed. Case #09-1041 Chancelet Colin and Berthie and Lifilia Escarment th 338 SW 4 Avenue CO CH15 SEC.15-120(E) Inc. CO CH15 SEC.15-120(D) Inc. CO CH10 SEC.10-57(A) CO CH10 SEC.10-56(B) CO CH10 SEC.10-56(G) Secure structure at all openings to prevent entry by the public. Remove all trash and debris from premises. Repair fence. Remove outside storage. Officer Roy presented the case and reviewed the details of the violations. Staff recommended 10 days for compliance. Motion 28 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 20, 2009 Based on the testimony and evidence presented in Case #09-1041, Mr. Karageroge moved that this Board find that Chancelet Colin and Berthie and Lifilia Escarment 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 30, 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 $500 per day for each day the violations continue past May 30, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that unanimously passed. Case #09-1131 RAJ Properties 302 W. Boynton Beach Blvd. BBA FBC '04 105.1.1 Permit required for installation of two cooler cases. Have licensed contractors secure permits. This item was red-tagged by the Building Department. Officer Roy presented the case and reviewed the details of the violation. Staff recommended 10 days for compliance. Officer Roy had not seen the coolers, but believed they were walk-in cooler cases. The Board did not believe a 10-day compliance period was feasible and suggested a compliance date of June 19, 2009. Motion Based on the testimony and evidence presented in Case #09-1131, Mr. Foot moved that this Board find that RAJ Properties 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 19, 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 19, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that unanimously passed. Case #08-3909 Gerbrudes A. Matos th 615 NE 9 Avenue CO CH13 SEC.13-16 29 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 20, 2009 CO CH10 SEC.10-56(D) Install four-inch house numbers on building to be visible and legible from street or road. Obtain Business Tax Receipt for rental of house. Willie Webb, Senior Code Officer, presented the case and reviewed the details of the violations. Staff recommended 10 days for compliance. Motion Based on the testimony and evidence presented in Case #08-3909, Mr. Yerzy moved that this Board find that Gerbrudes A. Matos 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 $100 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 #09-783 Luc C. Vildor th 317 NE 10 Avenue CO CH10 SEC.10-56(B) Mow property, trim overgrowth and keep property free of all trash and debris. Officer Webb presented the case and reviewed the details of the violation. Staff recommended 10 days for compliance. Motion Based on the testimony and evidence presented in Case #09-783, Mr. LaRock moved that this Board find that Luc C. Vildor 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 30, 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 30 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 20, 2009 per day for each day the violation continues 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. Yerzy seconded the motion that unanimously passed. Case #09-893 Prime Property of the Palm Beaches Inc. th 409 NE 10 Avenue CO CH13 SEC. 13-16 Obtain Business Tax Receipt for Rental of house. Officer Webb presented the case and reviewed the details of the violation. Staff recommended 10 days for compliance. Motion Based on the testimony and evidence presented in Case #09-893, Mr. Karageorge moved that this Board find that Prime Property of the Palm Beaches 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 30, 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 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. LaRock seconded the motion that unanimously passed. Case #09-983 Willie L. and Melouise B. Aikens st 726 NE 1 Street CO CH15 SEC. 15-120(D) Inc Remove all trash and debris. Remove from public view all outside storage of items not actively being used. Officer Webb presented the case and reviewed the details of the violation. Staff recommended 10 days for compliance. 31 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 20, 2009 Motion Based on the testimony and evidence presented in Case #09-983, Mr. Yerzy moved that this Board find that Willie L. and Melouise B. Aikens 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 30, 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 30, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaTour seconded the motion that unanimously passed. Case #09-990 Tangiers Development LLC th 132 NE 12 Avenue CO CH13 SEC.13-16 Obtain Business Tax Receipt for rental property. Officer Webb presented the case and reviewed the details of the violation. Staff recommended 10 days for compliance. Motion Based on the testimony and evidence presented in Case #09-990, Mr. Karageorge moved that this Board find that Tangiers Development 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 May 30, 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 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. Yerzy seconded the motion that unanimously passed. Case #09-999 Deutsche Bank National Trust th 203 NE 11 Avenue CO CH10 SEC.10-57(A) CO CH10 SEC.10-56(B) 32 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 20, 2009 CO CH10 SEC.10-56(D) CO CH10 SEC.10-56(G) Mow property, trim overgrowth. Remove loose trash and debris. Keep property secured. Officer Webb presented the case and reviewed the details of the violations Staff recommended 10 days for compliance. Motion Based on the testimony and evidence presented in Case #09-999, Mr. LaRock moved that this Board find that Deutsche Bank National Trust is in violation of the City of Boynton Beach Code Sections cited and moved to order that the Respondent correct the violations on or before 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 $100 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. Karageorge seconded the motion that unanimously passed. Case #09-1055 Michael Villamarin th 201 NE 9 Avenue CO CH13 SEC.13-16 Obtain Business Tax Receipt for rental property. Officer Webb presented the case and reviewed the details of the violation. Staff recommended 10 days for compliance. Motion Based on the testimony and evidence presented in Case #09-1055, Mr. Karageorge moved that this Board find that Michael Villamarin 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 30, 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 May 30, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact 33 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 20, 2009 the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Yerzy seconded the motion that unanimously passed. Officer Melillo recommended the following cases be certified at $50 per day: Case #09-286 Boynton Townhomes LlC 3511 S. Federal Hwy. Bayfront Condos Motion Based on the testimony and evidence presented in Case #09-286, Mr. LaTour moved that this Board find that the Respondents have not complied with this Board's Order dated April 15, 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. Yerzy seconded the motion that unanimously passed. nd Case #09-318 Viergela Fervil and 628 SW 2 Avenue Victor Joseph Motion Based on the testimony and evidence presented in Case #09-318, Mr. LaTour moved that this Board find that the Respondents have not complied with this Board's Order dated March 18, 2009, and having considered the gravity of the violations, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $50 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. Yerzy seconded the motion that unanimously passed. Officer Melillo recommended the following cases be certified at $100 per day: th Case #09-355 1420 Holdings 1420 SW 30 Avenue Isaloni Marble Motion Based on the testimony and evidence presented in Case #09-355, Mr. Yerzy moved that this Board find that the Respondents have not complied with this Board's Order dated April 15, 2009, and having considered the gravity of the violation, the actions taken by 34 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 20, 2009 the Respondents, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. LaTour seconded the motion that unanimously passed. The Board clarified the fine was certified against both Respondents. st Case #09-397 Nixon and Francette Ciceron, 518 SE 1 Street and Joane Seide Motion Based on the testimony and evidence presented in Case #09-397, Mr. Yerzy moved that this Board find that the Respondents have not complied with this Board's Order dated April 15, 2009, and having considered the gravity of the violations, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. LaTour seconded the motion that unanimously passed. rd Case #09-334 Katrina L. Stewart 119 NE 3 Avenue Motion Based on the testimony and evidence presented in Case #09-334, Mr. Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated March 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 Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaTour seconded the motion that unanimously passed. nd Case #09-300 Bertha Elmond 2915 SE 2 Street Motion Based on the testimony and evidence presented in Case #09-300, Mr. Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated April 15, 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 35 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 20, 2009 into compliance or until a judgment is entered based upon this certification of fine. Mr. LaTour seconded the motion that unanimously passed. Officer Melillo recommended the following case be certified at $250 per day. th Case #09-728 Gewinner W. Garrison II 2505 NE 4 Street Motion Based on the testimony and evidence presented in Case #09-728, Mr. LaTour moved that this Board find that the Respondent has not complied with this Board's Order dated April 15, 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 Melillo recommended the following case be certified at $300 per day. Case #09-297 Andre St. Juste 925 Greenbriar Drive Motion Based on the testimony and evidence presented in Case #09-297, Mr. LaTour moved that this Board find that the Respondent has not complied with this Board's Order dated March 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 $300 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 Melillo recommended the following case be certified at $500 per day. Case #09-325 Diane R. Copeland TR. 902 S. Seacrest Blvd. Motion Based on the testimony and evidence presented in Case #09-325, Mr. LaRock moved that this Board find that the Respondent has not complied with this Board's Order dated March 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 $500 per day plus administrative costs which shall continue to accrue until the Respondent comes 36 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 20, 2009 into compliance or until a judgment is entered based upon this certification of fine. Mr. Yerzy seconded the motion that unanimously passed. Officer Melillo recommended “No Fine” for the following cases: st Case #08-1604 Jermaine and Regina Horne 2090 NE 1 Lane Motion Based on testimony and evidence presented in Case #08-1604, Mr. Karageorge moved that this Board find that the Respondents, Jermaine and Regina Horne, were in violation of the City of Boynton Beach Code sections as cited subsequent to the date of compliance specified in the Board's Order of September 17, 2009, and in consideration of the gravity of the violation and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents, that this Board impose and certify “No Fine.” Mr. LaTour seconded the motion that unanimously passed. th Case #09-376 Annette Brown 180 NE 17 Avenue Motion Based on testimony and evidence presented in Case #09-376, Mr. Karageorge moved that this Board find that the Respondent, Annette Brown, 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 April 15, 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.” Mr. LaTour seconded the motion that unanimously passed. Case #09-438 Chackman Motels Inc. 706 W. Boynton Beach Blvd. Boulevard Diner #116 Concerns were expressed with the imposition and certification of "No fine", as there had been several issues with the property. Officer Melillo noted the Respondents were in compliance and the fire inspection fee had been paid. Mr. Blasie noted the City had previous issues with Chackman Motels. However, the false alarms had been caused by the Boulevard Diner. Motion 37 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 20, 2009 Based on testimony and evidence presented in Case #09-483, Mr. Karageorge moved that this Board find that the Respondents, Chackman Motels Inc. and Boulevard Diner were in violation of the City of Boynton Beach Code sections as cited subsequent to the date of compliance specified in the Board's Order of April 15, 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.” Mr. LaTour seconded the motion that unanimously passed. Case #09-519 Boynton Townhomes LLC 35-8 N. Federal Hwy. Motion Based on testimony and evidence presented in Case #09-519, Mr. Karageorge moved that this Board find that the Respondent, Boynton Townhomes 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 April 15, 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. Case #09-573 Wise Investments of 400 S. Federal Hwy. South Florida, Inc. Motion Based on testimony and evidence presented in Case #09-573, Mr. Karageorge moved that this Board find that the Respondent, Wise Investments of South Florida, Inc., 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 April 15, 2009, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify “No Fine.” Mr. LaTour seconded the motion that unanimously passed. th Case #09-701 Wells Fargo Bank NA Trustee 233 NW 5 Court Motion Based on testimony and evidence presented in Case #09-701, Mr. Karageorge moved that this Board find that the Respondent, Wells Fargo Bank NA Trustee, was in violation 38 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 20, 2009 of the City of Boynton Beach Code sections as cited subsequent to the date of compliance specified in the Board's Order of April 15, 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. th Case #08-3889 Marie C. Brizeus 146 SE 27 Court Motion Based on testimony and evidence presented in Case #08-3889, Mr. Karageorge moved that this Board find that the Respondent, Marie C. Brizeus, 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 March 18, 2009, 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 #09-406 Boynton Townhomes LLC 3480 N. Old Dixie Hwy. Motion Based on testimony and evidence presented in Case #09-406, Mr. Karageorge moved that this Board find that the Respondent, Boynton Townhomes LLC, was in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Order of March 18, 2009, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify “No Fine.” Mr. LaTour seconded the motion that unanimously passed. th Case #08-3661 Wells Fargo Bank NA 4331 SW 9 Avenue Motion Based on testimony and evidence presented in Case #08-3661, Mr. Karageorge moved that this Board find that the Respondent, Wells Fargo Bank NA, 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 February 18, 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. 39 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 20, 2009 Case #08-3831 Peter Jacobsen 511 W. Ocean Avenue Motion Based on testimony and evidence presented in Case #08-3831, Mr. Karageorge moved that this Board find that the Respondent, Peter Jacobsen, 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 March 18, 2009, 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 #09-434 Marceline Gabriel 724 W. Ocean Avenue Based on testimony and evidence presented in Case #09-434, Mr. Karageorge moved that this Board find that the Respondent, Marceline Gabriel, 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 March 18, 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. st Case #09-556 Celord Barbier 464 SW 1 Avenue Motion Based on testimony and evidence presented in Case #09-556, Mr. Karageorge moved that this Board find that the Respondent, Celord Barbier, 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 April 15, 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. Case #09-396 Perry and Martha Price 317 Gateway Blvd. Motion Based on testimony and evidence presented in Case #09-396, Mr. Karageorge moved that this Board find that the Respondents, Perry and Martha Price, 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 March 18, 2009, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the 40 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 20, 2009 previous violations of the Respondent, that this Board impose and certify "No Fine." Mr. LaTour seconded the motion that unanimously passed. Officer Melillo recommended the following cases be tabled to June 17, 2009: #09-382 and #08-2839. Case #09-382 Boynton JCP Associates LTD. and The Nexus 801 N. Congress Ave. #601 Motion Mr. Yerzy moved that Case #09-382 be tabled until the Code Compliance Board meeting to be held on June 17, 2009. Mr. LaRock seconded the motion that unanimously passed. Case #08-2839 Peter Jacobsen 511 W. Ocean Avenue Motion Mr. Yerzy moved that Case #09-2839 be tabled until the Code Compliance Board meeting to be held on June 17, 2009. Mr. LaRock seconded the motion that unanimously passed. VII. Adjournment Motion Mr. LaTour moved to adjourn. Mr. Yerzy seconded the motion that passed unanimously. The meeting adjourned at 9:27 p.m. Ii .D ~~ Stephanie D. Kahn Recording Secretary 052009 41