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Minutes 06-17-09 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, JUNE 17, 2009, AT 7:00 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Diane Springer, Code Compliance Coordinator Richard Yerzy, Vice Chair David Tolces, Board Counsel Kathleen Carroll (arrived 7:37 p.m.) Mark Karageorge Kirk LaRock Jamie LaTour James Brake, Alt. ABSENT: Robert Foot I. Call to Order Chair Costantino called the meeting to order at 7:00 p.m. II. Approval of Minutes Motion Mr. LaTour moved to approve the minutes of April 15, 2009 with the corrections noted. Mr. Karageorge seconded the motion that unanimously passed. Motion Vice Chair Yerzy moved to approve the workshop minutes (April 23, 2009). Mr. LaTour seconded the motion that unanimously passed. Motion Vice Chair Yerzy moved to approve the May 20, 2009 minutes. Mr. LaTour seconded the motion that unanimously passed. III. Approval of Agenda Skip Lewis , Senior Code Officer, announced the following deletions: Case #07-3227 was tabled to August 19, 2009. 1 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 17, 2009 Motion Mr. Karageorge moved that Case #07-3227 be tabled until the Code Compliance Board meeting to be held on August 19, 2009. Vice Chair Yerzy seconded the motion that unanimously passed. Case #’s 09-877, 09-924, 09-1240 were removed. Case #’s 09-1170, 09-1222 came into compliance. Motion Mr. LaTour moved to approve the agenda as amended. 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. Officer Lewis called the roll and determined who was present. Chair Costantino requested the cases with legal counsel in attendance be heard first and in the order on the agenda. There were no objections to the request. Case #08-3379 Forum Shoppes of Boynton LLC Location: 140 N. Congress Avenue Violation(s): LDR CH4 SEC.11; LDR CH23 OO SEC. O; LDR CH7.5 II SEC. 5(B) – Maintain property in accordance with site plan. Parking lot maintenance required, landscape maintenance required. Officer Lewis presented the case as contained in the staff report. Sixty days was given to comply. The Respondents were present. Dan Mandel , 2700 N. Military Trail, Suite 355, Boca Raton, a member of the ownership entity, pled no contest and requested 18 months be given to allow them to comply. Mr. Mandel referenced his November 11, 2008 correspondence to Officer Lewis. The rationale for the request was poor cash flow. He advised the Code Officers and staff were wonderful. They already addressed the health and safety issues, and replaced stop signs and some lighting at the center. He advised the theater at the corner of Boynton Beach Boulevard and Congress was closed and now Chuck E. Cheese was a 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 17, 2009 tenant. Due to the construction for the new tenant, they were $1 million over budget, and the cash flow from the rents did not cover the cost. The funds were taken out-of- pocket. They had serious problems with the roof on the building next to Chuck E. Cheese’s and spent $200,000 replacing it and in effect, they were cash poor. Officer Lewis suggested a plan be developed. Accordingly, they met with an architectural landscaper. The plan cost $12,000 and the work would be another $100,000. He would like to provide a plan, but he did not have a plan from a professional. He agreed to a timeline to address the different aspects of the violations. The two outstanding items were the landscaping and the irrigation. He requested 18 months to propose an action plan, effective from his November 11, 2008 correspondence. Officer Lewis explained the subject property tied into the adjacent properties. The Rose Picker property came into compliance by addressing the landscaping; the Mobil Station also landscaped their property. A letter from Scott Blasie was in the file, indicating he was looking for a plan of action. To Officer Lewis’s knowledge, one was not provided, nor had they met with the City Forester, Kevin Hallahan regarding the plan. Discussion followed and it was notedthe Respondent did not have the funds to pay for the plan, but it was his intent to comply. Mr. Mandel had corresponded with staff; however, at one point the matter was handled by Mr. Blasie due to Officer Lewis having surgery. The correspondence pertained to the request for an action plan. It was noted the landlord paid for a great portion of the Chuck E Cheese build-out, along with the tenant and in fact, spent $1 million above the build-out costs. The lease agreement specified they paid 100% of the build-out up to a certain dollar amount, and that was where the excess came in. It was not their choice to do so. Their property manager was present to advise the Board of their financial status. Other than Chuck E. Cheese, the tenants were either delinquent or received substantial rent reductions. Mr. Mandel agreed to meet with Officer Lewis and the City Forester within 30 days to ascertain what was necessary to comply. It was also noted the City allowed for two- year plans to be used to help defer costs. Motion Mr. LaTour moved that Case #08-3379 be tabled until the Code Compliance Board meeting to be held on July 15, 2009. Mr. Brake seconded the motion that unanimously passed. Case #09-939 Jean P. Messeroux Location: 2970 SE 2nd Street Violation(s): CO CH15 SEC. 15-120(D) Inc. LDR CH 23 II SEC. O 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 17, 2009 Maintain parking lot. Fix and restripe parking lot, sod swale and remove trash and debris. Vestiguerne Pierre , Senior Code Compliance Officer, presented the case as contained in the staff report. The Respondent was present. Sean Marshall , 1800 NW 49th Street, Suite 120, Ft. Lauderdale, was present on behalf of his client and advised they were in a second lien position. They were proceeding with a foreclosure action and were asking for additional time to move the action along and whatever he could ascertain about any violations, he would also pass along. A Lis Pendens and complaint was filed in January. Any lien that may result from non-compliance would likely be enforceable against the current property owner. Officer Pierre had photographs he distributed to the Board. Discussion followed whether to table the case to allow the Respondent to meet with the Code Officer to resolve the matter. If there was no resolution, the Board could impose a fine. Further discussion followed that imposing a fine would be useless as it would go to the new owner who would claim they were not responsible for the violation and it would wind-up as a lien reduction. The violations were not a safety or health hazard. Motion Mr. Karageorge moved that Case #09-939 be tabled until the Code Compliance Board meeting to be held on July 15, 2009. Mr. LaRock seconded the motion that unanimously passed. Case #09-419 Ralph & Rosie Inc. 2007 S. Federal Hwy . Diane Singer , Code Compliance Coordinator, presented the violations which were to remove outside storage and Florida Holly, restripe the parking lot, repair or replace broken or missing light poles, missing stop signs, install and maintain landscaping in accordance with the City Code including replacement of missing trees, and landscape barriers and grass areas. A landscape plan must be submitted to the City Forester for approval prior to installation of landscape material. The Notice of Violation date was February 10, 2009. The case was heard April 15, 2009 and no one appeared. Service was obtained via certified mail and the green card was signed on March 25, 2009. The compliance date and fine were set for May 30, 2009 at $500 per day. The violation still existed, having 17 days of non-compliance. Service for this hearing was obtained via certified mail and via posting on June 3, 2009. The green card was signed on June 4, 2009. The City entered the complete file into the record. Ralph DeVita , owner of Ralph and Rosie, 2007 S. Federal Highway, was put under oath. Mr. DeVita explained he did not know about the meeting or the fines until the beginning of June. The green card was shown to Mr. DeVita who indicated it was not 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 17, 2009 his signature on the card, and he had no idea whose signature it was. Ms. Springer explained she had three police reports that indicated Susan McSpirit who signed the green card, had testified to the Police on three different occasions that she is a bartender at Mr. DeVita’s restaurant. Mr. DeVita reviewed the report and responded the date on the report was 2008 and she haf not worked at the restaurant for a year. Mr. DeVita advised other than the notice taped to the door, there was no interaction with the Code Officer, and he was at the restaurant every day after 11:00 a.m. Had contact been made, he could have had an opportunity to address the issues. John Herring , Code Enforcement Officer, performed the initial inspection on February 10, 2009 and advised no one was at the establishment. He was at the restaurant at 8:00 or 9:00 a.m. He had photographs taken April 15, 2009, June 2nd, and 11, 2009 and others taken earlier in the day, before this meeting. Mr. DeVita testified was not aware of the photos and no one had spoken with him. Barry Silver , Counsel for Mr. DeVita, explained the restaurant was a landmark, and was on the City’s website as a site of interest. He thought it would be fair and reasonable to give him time to comply. It was explained to Attorney Silver that Mr. DeVita has had difficulty accepting notifications in the past, and that he received fair and proper notification. Attorney Silver contented Mr. DeVita could have been notified during business hours in an amicable way. With the present-day economy, the City should work with Mr. DeVita as the fines would destroy his business, which would be detrimental to the public, his client and the local economy. Attorney Silver explained if the City took action and there was a question about proper service, it would cloud future actions. It would be more prudent to ensure Mr. DeVita received proper notice and then be given time to comply. If fines were issued on a potentially improper notice, it would cause many problems. Chair Costantino requested the case be tabled for 30 days in order to subpoena Ms. McSpirit. In the meanwhile, it was suggested the Respondent meet with the code officer to correct a list of violations and determine what items could be easily addressed to show some level of compliance on the part of the Respondent. Attorney Silver advised Mr. DeVita would be happy to do so. It was noted there were safety issues such as stop signs, extension cords outside where they could get wet, and a downed light pole with exposed wiring. Mr. DeVita explained he recently had a fire inspection and it was passed by the Fire Department. The light pole was disconnected from the inside as well as the electrical box since the hurricane knocked it down. He reported they cannot remove it because it weighs a ton and was made of steel. It would need to be cut up and carted away. Ms. Springer explained the electrical wire were not a part of the case. The stop signs were. 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 17, 2009 Mr. DeVita explained he was unaware of which stop signs were referred to. The road was a private road that was attached to his property. There was agreement the subpoena would be beneficial. Motion Mr. Karageorge moved that Case #09-419 be tabled until the Code Compliance Board meeting to be held on July 15, 2009 and to direct the City to issue a subpoena on behalf of the Code Compliance Board to request Ms. McSpirit’s attendance at that meeting. Mr. LaTour seconded the motion that unanimously passed. Attorney Tolces reminded the Board they have subpoena power, but as far as enforcing the subpoena, if Ms. McSpirit chooses not to show was a different story. The Board can there is a caveat. The Board could request she come in or have her served. Future notices regarding Ralph & Rosie, Inc. would be sent to Mr. Silver’s office. Case #98-3556 Ida M. White, Est. 414 NW 4th Ave. Pete Roy, Chief Code and Rehabilitation Officer, presented the case as contained in the staff report. The case complied on October 14, 2003. He advised there were two cases and he inquired whether the Board wanted to hear the second case before ruling on this case. Jennifer O’Conner , 701 SW 15th Street, Boca Raton, Attorney with Kilpatrick Stockton advised she was handling the. Ms. Stiles’ mother, Ida Mae White, was the owner of the property. Attorney O’Conner received the case pro bono which dealt with probating Ms. Stiles’ mother’s estate and part of the due diligence included a title search, which showed the liens. Ms. Stiles was unaware of the fines. The second case would address why the case took so long to comply. The first case in 1999 involved Barry Taylor, a brother and one of eight siblings. The family believed Mr. Taylor addressed the matter, but he later died of cancer in 2000. The second case involved the same type of violations. Code Compliance staff could not determine the date the earlier violation complied and chose to use the second date as the compliance date for the first case. The second case complied fairly quickly and there was better communication amongst the family members regarding what was occurring. When the Code cases were discovered, they immediately contacted Code Compliance and worked diligently to cure them. They would like to probate the estate. The dwelling was Ms. White’s homestead and Ms. Stiles would like the property transferred to her to achieve homestead status because of the increase in taxes. 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 17, 2009 Ms. Stiles was not aware of Legal Aid at the time and met the income criteria for assistance. She works for the Palm Beach County School District as a bus supervisor; however, she does not work during the summer and, therefore, has no income until school resumes. The taxes are paid; the mortgage is paid and there were no outstanding monies owed. Ms. Stiles had an interest in maintaining the property. Officer Roy distributed photos to the Board to review. Kathy Stiles , 414 NW 4th Avenue, confirmed she would like to live in and maintain the home. Motion Ms. Carroll moved that Case #98-3556 be tabled until the next case was heard. Mr. Karageorge seconded the motion that unanimously passed Case #03-1679Ida M. White Est. 414 NW 4th Ave. Officer Roy presented the case as contained in the staff report. He reported Ms. Stiles appeared at the hearing. The first Board Order was to comply by August 30, 2003 or incur a fine of $25 per day for trash and debris. The second Board Order was to comply by October 4, 2003 or incur a fine of $25 per day. The first and second Board Order was complied with on October 14, 2003. The number of days of non-compliance was 44 days for the first case with an accrued fine of $1,100. The days of non-compliance with the second Board Order was nine days and the accrued fine was $225. Jennifer O’Conner , 701 SW 15th Street, Boca Raton, attorney for the Respondent explained the same situation applied to this case as to the prior one. In this case, Ms. Stiles took an active role to correct the violations and the time to comply was much shorter. Motion Based on testimony and evidence presented in Case #03-1679, 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 #03-1679, by virtue of this Board's Order to an amount of $730.15, including administrative costs. Mr. Karageorge seconded the motion that unanimously passed. Motion Mr. LaTour moved to take the first case (Case #98-3556) off the table. Ms. Carroll seconded the motion that unanimously passed. 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 17, 2009 Motion Based on testimony and evidence presented in Case #98-3556, 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, Vice Chair Yerzy moved that this Board reduce the fines instituted in Case #98-3556, by virtue of this Board's Order to an amount of $634.12, including administrative costs. Ms. Carroll seconded the motion that unanimously passed. Attorney Tolces advised the Order was not final until seven days after the Order was prepared because the City Commission and the property owner can appeal the decision. He suggested Ms. Stiles contact Code Enforcement staff in 10 days to two weeks for the status. Case #09-1104 Madelyn Victor Location: 2627 NE 4th Court Violation(s): CO CH4 SEC. 4-4; CO CH4 SEC. 4-32 Keep dog securely and humanely confined to property or leash walk. Wire crates are not permitted for outdoor confinement. Liz Roehrich , Animal Control Supervisor, presented the case. The dwelling was a single-family home owned by Madelyn Victor. The case arose from a citizen complaint. A Notice to Correct was posted on the property on October 6, 2008 regarding complaints of a loose pitbull showing aggression towards neighboring dogs. The dog was observed crated in the carport and tethered on occasion. Written notice was provided April 15, 2009 and two days was given to comply due to prior violations that occurred between October and April 2009. Proof of Service was sent via certified mail and signed and dated May 16, 2009. Officer Roehrich testified Ms. Victor’s husband, Mr. Blue, had contacted her several times and requested extensions. The dog did not have proof of rabies shots or a licensed tag. They asked for extensions during a two-month period. Officer Roehrich scheduled an appointment for the dog with the spay shuttle because they were interested in having the dog sterilized. Two days before the appointment, which was scheduled for December 10, 2008, they cancelled the appointment. The dog was loose on December 8, 2008, and Ms. Victor, at the time, was extremely argumentative. The dog was still not current on rabies shots or the tag; however, later that day, they brought the shots and tags up-to-date. Ms. Victor reported the dog missing in January 2009. When Officer Roehrich made contact with her one week later, it appeared someone tried to fight the dog. On March 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 17, 2009 5, 2009, another complaint was received regarding a loose dog outside the property. At that time, they impounded a juvenile pitbull and a pitbull puppy. Ms. Victor was called later to see if she wanted to claim the dogs, and she indicated she did, but not if she had to pay for them. On April 12, 2009, the pitbull, the origin of the complaint, became loose and aggressively pursued an individual’s dog. That individual was present as a witness and Officer Roehrich advised in the process of trying to separate the dogs, the witness was bitten. Officer Roehrich was requesting a Cease and Desist Order. Madelyn Victor , 2627 NE 4th Court, pled no contest. She advised the dog was no longer on the property and the owner has taken the dog on the road with him. There was no possibility the dog would return to the property. There was discussion if the dog did not return to the property, there were other dogs that would. Animal Control had already impounded two dogs. Katie Gorles , 2660 NE 4th Court, testified on several occasions the dog had gotten out of the fence and was aggressive. The last incident was on April 12, 2009. She was walking her dog. When she passed the owner’s house, the dog was in the cage with Ms. Victor and young children were outside. She was five to six houses down when the dog got loose, pursued the other dog and bit her leg. The dog aggressively pursued her dog five or six times in the past. She did not seek medical treatment for the bite, but she did file a complaint. It was the same dog causing the problems. Motion Based on the testimony and evidence presented in Case #09-1104, Mr. Karageorge moved that a Cease and Desist Order be issued giving Madelyn Victor until June 27, 2009 to bring the violations of City of Boynton Beach Code sections as cited into compliance. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that a fine in the amount of $250 per recurrence of the violation thereafter shall be imposed upon the Respondent. Mr. LaTour seconded the motion. Vice Chair Yerzy suggested amending the fine to $500. Mr. Karageorge agreed to amend the fine to $500. Mr. LaTour agreed to the amendment. Attorney Tolces suggested rephrasing the motion to indicate that a violation with respect to those Code sections has occurred. Mr. Karageorge agreed to amend his motion to include the language recommended by Attorney Tolces. Mr. LaTour agreed to the amendment. The Cease and Desist order addressed the Code section cited, and was not the specific to the animal. 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 17, 2009 Vote A vote was taken and the motion unanimously passed. A copy of the Order would be sent to the Ms. Victor. Case #09-1110 Delphine Hamon Location: 2130 N. Seacrest Blvd. Violation(s): CO CH4 SEC. 4-31; CO CH4 SEC. 4-36; CO CH4 SEC. 4-37; CO CH15 SEC. 15-120 (D) INC. Repair fence – dog jumps over and through it. Comply with Leash Law. Owner to provide current county registration and license in addition to proof of rabies vaccination. Officer Roehrich presented the case and advised the dwelling was a single-family residence owned by Delphine Hamon of the same address. The case arose from a citizen complaint. The initial inspection date was April 7, 2009 for the captioned violation. Written notice was provided April 15, 2009 and the Respondent was given 12 days to comply. No contact was made. Notice was sent certified mail on May 14, 2009 and was returned. The property was posted on June 5, 2009. The April complaint pertained to the witness observing the neighbor’s dog jumping the fence on different occasions. Officer Roehrich had photos she distributed to the Board. There were prior issues at the residence dating back to 2000, which she was issued citations for dogs being loose. In 2001, the individual owned a dog that jumped the fence and killed the neighbor’s dog. In March 2001 a citation was again issued for the dog killing the neighbor’s dog. The Respondent relinquished custody of the dog; however, she did not bother to get up off the couch to sign the citation and it appeared she had a blatant disregard for the welfare of the community. Officer Roehrich tried to ascertain the nature of the complaint and to make contact. She spoke with the owner’s sons, who were between the ages of 16 and 20, and they were dumbfounded. There was only one dog to Officer Roehrich’s knowledge, but the county rolls did not show an animal registered. Based on the actions, which occurred in 2000, Officer Roehrich not only had concerns for other neighborhood animals, but for the neighborhood children and residents as well. Officer Roehrich introduced photos as evidence. Gloria Anderson , 2101 NE 1st Lane, was present. She testified her home was diagonally and adjacent to the Respondent’s home. She witnessed the dog jump into 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 17, 2009 her yard and into the next yard and called Officer Roehrich several times. Ms. Anderson has a dog and she was afraid to go in her yard. She also has children and a husband who was blind. Should the dog get loose, the dog could attack them or her dog. The dog was a pitbull of standard size. Officer Roehrich believed at one time, the Respondent was breeding game dogs. She indicated the fence was in worse condition than what was depicted in the photos. A privacy fence was installed after the dog killed the neighbor’s dog. At that time there were six dogs on the property. The fence needed to be repaired and the dog was either not licensed, or not licensed to where it lived. A Cease and Desist order was needed. Discussion followed whether the Respondents were cited for a fence. Officer Roehrich testified she turned over information about the fence violation to Code Enforcement and she did not know whether they initiated a case. Attorney Tolces recommended hearing testimony from a code officer regarding the condition of the fence. Officer Roehrich advised she was a Florida Association of Code Enforcement (FACE) certified Code officer and she testified the fence looked to be in disrepair as evidenced in the photos. Attorney Tolces inquired if it was in non- compliance with the provision of the Code section as cited. Officer Roehrich responded that was correct. Motion Based on the testimony and evidence presented in Case #09-1110, Mr. LaRock moved that a Cease and Desist Order be issued giving Delphine Hamon until June 27, 2009 to bring the violations of City of Boynton Beach Code sections as cited into compliance. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that a fine in the amount of $250 per recurrence of the violation thereafter shall be imposed upon the Respondent. Mr. LaRock was asked to consider amending the motion to $500. Mr. LaRock agreed. Mr. LaTour seconded the motion that passed unanimously. The second motion was to address the fence. Motion Based on the testimony and evidence presented in Case #09-1110, Mr. Karageorge moved that this Board find that Delphine Hamon 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 27, 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 $500 per day for each day the violation continues past June 27, 2009 plus 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 17, 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. Mr. LaRock seconded the motion that unanimously passed. Case #09-1312 South East District Florida St. John’s United Methodist Location: 3215 N. Seacrest Blvd. Violation(s): CO CH2.5 SEC. 2.5-12+13 Excessive false alarms & service fee. Mike Melillo , Senior Code Compliance Officer, presented the case as contained in the staff report on behalf of Scott Blasie, Code Compliance Administrator. The property had 19 false alarms; the first three are free. Jocelyn Adhemar , 4058 Floral Drive, Pastor of the Mission pled, not guilty. He received the violation and worked with the company to address the problem, which had to do with a motion detector that goes off by itself. It was very difficult to identify why the detector would sound. An appointment was scheduled for Monday to fix the problem. Officer Melillo noted the problems started November 21, 2008 and the last false alarm was April 7, 2009. The Respondents were aware of the problem for five months. Pastor Adhemar did not pay the fines because he was sick and he thought he fixed the problem when he was released from the hospital. It was explained when a false alarm occurs, it usurps the services that could be used for another individual who may have a bona fide need. The Pastor requested an extension to see if they could solve the problem and advised he intended to pay the fines. Attorney Tolces explained in addition to having the false alarm violations, he was still required to pay the fines. Failure to pay the fines could result in additional penalties being assessed against him. Pastor Adhemar explained he spoke with Deanna Johnson who indicated if he could prove there was a problem with the motion detector, they could reduce the fines. That was his rationale to ask for an extension. Code Compliance staff sends a bill at the end of each month showing a standing and current balance with a note indicating if there was a problem, they should contact Mr. Blasie, and he would address any issues that arose. There was no note to the file indicating any contact was made. Pastor Adhemar indicated he did not receive any letters until April. Officer Melillo clarified the letters were sent to the tenant’s address and notice for the meeting was sent to the SouthEast District Florida office, and to the property on Seacrest. 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 17, 2009 There was no further discussion of the case. Motion Based on the Testimony and evidence presented in Case #09-1312, Vice Chair Yerzy, moved that this Board find that South East District Florida – St. John’s United Methodist are in violation of the City of Boynton Beach Code Section as cited, and moved to order that the Respondents correct the violation on or before June 22, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violation by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $200 per day for each day the violation continues past June 22, 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 and verification of payment of the fees to comply with this Order. Mr. LaRock seconded the motion that passed 6-1, (Mr. Brake dissenting). Chair Costantino explained to Pastor Adhemar he was to fix the alarm and pay the fines by June 22, 2009. When the alarm was fixed, Pastor Adhemar should contact Code Enforcement. (Mr. Karageorge left the dais at 8:32 p.m.). Case #09-536 Karl W. Washington 1017 N. Railroad Ave. Officer Webb presented the case as contained in the staff report. Karl Washington , 1017 N. Railroad Avenue, explained he has a license plate and registration for the trailer discussed in the case. (Mr. Karageorge returned to the dais at 8:35 p.m.). Mr. Washington advised he removed the aluminum cans and had two tickets from the salvage yard. The yard was clean. He did not know what the issues remained. He advised what was visible when driving by his property was clean. Officer Webb had photos he distributed. The case arose from a citizen complaint. There was still some debris remaining. Officer Webb agreed to meet with Mr. Washington to show him what was still outstanding. Some of the trash was on the right- of-way. Motion 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 17, 2009 Mr. LaRock moved that Case #09-536 be tabled until the Code Compliance Board meeting to be held on July 15, 2009. Vice Chair Yerzy seconded the motion that unanimously passed. Case #09-148 Bank of New York TR. 2011 NW 2nd St. Officer Roy presented the case and advised the case related to two other cases. A bank representative was present. Amanda Glass , with the Jackie Ellis team at Keller Williams, 8188 Jog Road, Suite 101, was the listing agent for the bank-owned property. A contract was pending, and after four extensions, they hoped to close by the end of the month. Ms. Glass explained the bank foreclosed approximately April of 2008. The company received the listing July 17, 2008 but the property was priced too high. After several price reductions, the property was under contract. A title search revealed the violations and she worked with their contractor to address them. They spent over $10,000 replacing broken doors and windows, cleaning, lawn maintenance, removing an illegal addition, paying $700 worth of outstanding utilities, and paying for the lien not to become a municipal lien. She worked with Ms. Springer to bring the dwelling up to Code. She indicated because the property was vacant, it was used as a dumping ground. She inspects the property weekly and removes items dumped to keep the property clean. Chair Costantino advised the bank was informed the property needed to be cleaned up and they did nothing about it. Ms. Glass responded they were unaware of that fact, but they received the listing in July and addressed it. Correspondence was sent to the bank in Texas and they attempted to forward the listing agent the information. It was only when they did the lien search they learned of the violations. Although they viewed the property, they were not aware of the lawn maintenance requirements or the violations. Ms. Glass explained the bank hires a company to do an initial clean-up, and that was their responsibility. When they learned of the liens, they requested they be able to use their own contractors because the bank contractors would take too long. Since they got the property under contract in February 2009, they worked on it ever since. The Code Officers inspected the property three or four times. It took two months for the property to come into compliance. She requested as much of a reduction as possible. An investor was purchasing several units in Boynton Beach. Motion Based on testimony and evidence presented in Case #09-148, 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 #09-148, by virtue 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 17, 2009 of this Board's Order of February 18, 2009, to an amount of $634.12, including administrative costs. Ms. Carroll seconded the motion that passed 5-2. (Mr. LaTour and Chair Costantino dissenting.) Case #06-3157 Tracy Tinari 2011 NW 2nd St. Officer Roy presented the case as contained in the staff report. The case came into compliance on June 23, 2009. Amanda Glass , with the Jackie Ellis team at Keller Williams, 8188 Jog Road, Suite 101, was the listing agent for the bank-owned property. She advised she did not work on the file until November when she joined Keller Williams. The contract price was $26,000. It was noted the Respondent made no attempt to do anything. Discussion followed the property was foreclosed. Penalties attach to the property, but if they sold it, they have to pay off the lien. The subsequent property owner is not necessarily bound to the lien imposed against the property. It was not a covenant that runs with the land. If the Board wanted to recover penalties, they would have to go to court to obtain a money judgment. Motion Based on the testimony and evidence presented in Case #06-3157, 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. LaRock moved that this Board rescind the fine instituted in Case #06-3157, by virtue of this Board’s Order of May 16, 2007, and that the lien imposed by that Order be released. Mr. LaTour seconded the motion. The Board discussed there were staff costs involved and there was still another case to be heard. Mr. LaRock withdrew his motion. Mr. LaTour withdrew his second. Motion Based on testimony and evidence presented in Case #06-3157, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Karageorge moved that this Board reduce the fines instituted in Case #06-3157, by virtue of this Board's Order of May 16, 2007, to an amount of $400, including part of the administrative costs. Mr. LaRock seconded the motion. There was discussion why the full administrative costs would not be recovered. Mr. Karageorge did not want the deal to fall through and thought it would benefit the City more if it were done this way so the property would be owned and maintained. 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 17, 2009 There was a vote on the motion. The motion failed 3-4, (Chair Costantino, Vice Chair Yerzy, Mr. LaTour and Ms. Carroll dissenting). Motion Based on testimony and evidence presented in Case #06-3157, 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, Vice Chair Yerzy moved that this Board reduce the fines instituted in Case #06-3157, by virtue of this Board's Order of May 16, 2007, to an amount of $634.12, including part of the administrative costs. Mr. LaRock seconded the motion that passed 6-1 (Ms. Carroll dissenting). Case #08-21 Tracy Tinari 2011 NW 2nd St. Officer Roy presented the case as contained in the staff report. A representative from the bank was present. The amount of fines that accrued was $180,500. Amanda Glass ,8188 Jog Road, Suite 101, listing agent for the bank-owned property explained the bank took possession of the dwelling in April 2008. The dwelling was boarded up March 2009. Ms. Glass was unaware of the violations until the property was under contract on February 13, 2009. Motion Based on testimony and evidence presented in Case #08-21, 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, Vice Chair Yerzy moved that this Board reduce the fines instituted in Case #08-21, by virtue of this Board's Order of March 19, 2008, to an amount of $634.12, including part of the administrative costs. Mr. LaRock seconded the motion that passed 6-1 (Ms. Carroll dissenting). Case #03-824 Vilius & Marie Thomas 125 NW 4th Ave. Officer Roy presented the case as contained in the staff report. The carport enclosure was completed without inspections. The Respondents cured the violation on November 21, 2005, accruing a fine of $20,575. Gasper Beaucejour , Ms. Thomas’s son, spoke on her behalf and explained they did not comply. When they purchased the home, there were no violations and a year later, there were. The violations were pre-existing. There was no money to correct the matter as his mother earned $5 to $6 dollars per hour. They would need an architect to resolve the matter and they did not have the funds. He used his credit card and spent 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 17, 2009 close to $10,000 even though he was not working. He worked with Ms. Springer and the violation was corrected. He did not want his mother to lose the home. Motion Based on the testimony and evidence presented in Case #03-824, 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, Vice Chair Yerzy moved that this Board rescind the fine instituted in Case #03-824, by virtue of this Board’s Order of May 21, 2003, and that the lien imposed by that Order be released. Ms. Carroll seconded the motion that unanimously passed. Case #09-1293 Rohan R. Wauchope Location: 312 NW 12th Ave. Violation(s): CO CH15 SEC. 15-120(D) INC. LDR CH2 SEC. 5(D)(1) Remove outside storage and trash and debris from rear yard. Attorney Tolces administered the oath to the Respondents. Officer Melillo presented the case. Rohan Wauchope , 312 NW 12th Avenue pled no contest. He indicated he was unsure what trash was being referred to as he picked up the trash. Officer Melillo had photographs he showed to the Respondent and explained the R-1A zoning designation did not permit outside storage. The violation could use the zoning designation or the Community Appearance Code. Mr. Wauchope explained due to the economy, he had to change his occupation. The vehicle, which had a flat tire, was not being used. Most of the violations were from landscaping rock. There was a sitting bench. He did not have the money to hire a contractor so he was doing most of the work himself. If it was a danger, he would gladly move it. The pond lining, bricks, plywood and debris on top of the plywood were pointed out. The plywood was over the brick and a fish pond. The bricks were on-site for about a year. He advised he would move the items but he did not understand what outside storage was. Chair Costantino explained building material was stored outside in the open. Mr. Wauchope agreed to lay the bricks flat, which would solve the matter. The vehicle was registered and he agreed to fix the flat. Motion Based on the testimony and evidence presented in Case #09-1293, Vice Chair Yerzy moved that that this Board find that Rohan R. Wauchope is in violation of the City of Boynton Beach Code sections cited and moved to order that the Respondent correct 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 17, 2009 the violations on or before July 2, 2009. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past July 2, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. LaTour seconded the motion that unanimously passed. The Board recessed at 9:17 p.m. The meeting reconvened at 9:25 p.m. Case #09-974 D.J. Gainer, S. Magwood J.A. Potts & M. Richardson Location: 807 NW 3rd St. Violations: CO CH15 SEC. 15-120(D) INC. BBA FBC ’04 105.1.1. Obtain permit to repair or demolish shed. Remove outside storage and trash. Officer Melillo presented the case as contained in the staff report. The recommendation given was to comply within 30 days. Motion Based on the testimony and evidence presented in Case #09-974, Ms. Carroll moved that this Board find that D.J. Gainer, S. Magwood Joyce. A. Potts & Mary Richardson 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 July 17, 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 July 17, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaTour seconded the motion that unanimously passed. Case #09-1120 Southern Bell Tel & Tel Co. BellSouth Telecommunications Location: 221 SE 4th St. Violation(s) CO CH9 SEC. 9-22 (C) Fire inspection annual fee 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 17, 2009 Officer Melillo presented the case as contained in the staff report. The recommendation given was to comply within 10 days. Motion Based on the testimony and evidence presented in Case #09-1120, Mr. LaTour moved that this Board find that Southern Bell Tel & Tel Co., BellSouth Telecommunications are in violation of City of Boynton Beach Code Section as cited, and move to order that the Respondents correct the violation on or before June 27 2009. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violation 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 June 27, 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 and verification of payment of the fees to comply with this Order. Ms. Carroll seconded the motion that passed unanimously. Mr. LaRock left the meeting at 9:26 p.m. Case #09-1124 High Ridge Properties – Pirate Divers Location: 640 E. Ocean Avenue Violation(s): CO CH9 SEC. 9-22(C) Fire inspection annual fee. Officer Melillo presented the case as contained in the staff report. The recommendation given was to comply within 10 days. Motion Based on the testimony and evidence presented in Case #09-1124, Ms. Carroll moved that this Board find that High Ridge Properties – Pirate Divers are in violation of City of Boynton Beach Code Section as cited, and move to order that the Respondents correct the violation on or before June 27 2009. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violation 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 June 27, 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 and verification of payment of the fees to comply with this Order. Mr. LaTour seconded the motion that passed unanimously. Attorney Tolces explained with respect to Case No’s 09-1120 and 09-1124, the motion applied to both the owner and the tenant. Mr. LaTour and Ms. Carroll confirmed it was 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 17, 2009 their intent the motion applied to both parties when they made their motion. Accordingly, with both cases, there would be two orders. Case #09-1329 Olga L. & Cristian Saavedra Location: 1021 Grove Park Circle Violation(s): CO CH2.5 SEC. 2.5-12+13 Excess false alarms & service fee Officer Melillo presented the case as contained in the staff report. The recommendation given was to comply within 10 days. Motion Based on the testimony and evidence presented in Case #09-1329, Ms. Carroll moved that this Board find that Olga L & Cristian Saavedra are in violation of City of Boynton Beach Code Section as cited, and move to order that the Respondents correct the violation on or before June 27 2009. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violation 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 June 27, 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 and verification of payment of the fees to comply with this Order. Vice Chair Yerzy seconded the motion that unanimously passed. Case #09-1218 Mark Musa Location: 2770 NE 4th Ct. Violation(s): CO CH15 SEC. 15-120(D) INC CO CH13 SEC. 13-16 Mow lawn. Remove TV from front porch. Repair or remove fence. Business Tax Receipt is required to rent home. Courtney Cain , Code Officer, presented the case as contained in the staff report. The recommendation given was to comply within 10 days. Motion Based on the testimony and evidence presented in Case #09-1218, Vice Chair Yerzy. moved that this Board find that Mark Musa 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 27, 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 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 17, 2009 amount of $100 per day for each day the violations continue past June 27, 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. The Respondent was a repeat offender. Vice Chair Yerzy amended his motion to reflect a fine in the amount of $200. Ms. Carroll agreed to the amendment. Officer Cain explained this case came into compliance except for the Business Tax Receipt. Vice Chair Yerzy amended his motion back to $100. Ms. Carroll amended her second. A vote was taken and the motion unanimously passed. Case #09-572 Thomas E. Fillyaw, Trustee Location: 809 SE 4th St. Violation(s): BBA FBC ’04 105.1.1 Permit needed for house remodel. Red tagged. Officer Herring presented the case as contained in the staff report. He spoke with someone on behalf of the property, and he was advised the plans were submitted to the Building Department. The plans were rejected and he had no further information. The recommendation given was to comply within 30 days. Motion Based on the testimony and evidence presented in Case #09-572, Mr. LaTour moved that this Board find that Thomas E. Fillyaw, Trustee, 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 17, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past July 17, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Vice Chair Yerzy seconded the motion that unanimously passed. Case #09-657 John F. Fitzpatrick, Location: 103 SE 5th Avenue Violation(s): CO CH10 SEC. 10-56(D); LDR CH2 SEC. 4 (B) - Remove blue tarp, repair/replace roof. Obtain permits for roof repair or replacement. Trim hedges in both directions at intersection of 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 17, 2009 S. Seacrest and SE 5th Ave. Remove trash and debris. Officer Herring presented the case as contained in the staff report. A representative from the real estate company contacted him and asked for an extension. The property was cleaned up, but the blue tarp remained. He requested the Respondent be given 30 days to comply. The property was also secured. Motion Based on the testimony and evidence presented in Case #09-657, Vice Chair Yerzy moved that this Board find that John F. Fitzpatrick 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 July 17, 2009. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past July 17, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case #09-1345 Esthere Toussaint Location: 133 SE 13th Avenue Violation(s): CO CH10 SEC. 10-56 (D) Install 4-inch address number on home. Register vehicle, obtain current tag and bring to operable condition. Officer Herring presented the case as contained in the staff report. The recommendation given was to comply within 15 days. He advised the Respondent installed the house numbers; she had a proper tag and registration but the vehicle was on blocks. Motion Based on the testimony and evidence presented in Case #09-1345, Mr. Karageroge moved that this Board find that Esthere Toussaint 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 2, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past July 2, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 17, 2009 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 #09-838 Lue Gennie Rivers Location: 515 NW 11th Avenue Violation(s): CO CH15 SEC.15-120 (D) INC. Remove trash. Mow and weed yard. Officer Melillo presented the case as contained in the staff report. The recommendation given was to comply within 10 days. The Respondent was a repeat offender. The trash would be an issue if a hurricane came through. Motion Based on the testimony and evidence presented in Case #09-838, Vice Chair Yerzy moved that this Board find that Lue Gennie Rivers 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 27, 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 June 27, 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 #09-300 Bertha Elmond 2915 SE 2nd St. Officer Pierre requested the Board reconsider the fine imposed by the Board in this case. Information he was given by the Building Department that the Respondent did not have a Business Tax Receipt was incorrect. The Respondent did have a valid Occupational License. Motion Mr. Karageorge moved to reconsider the case. Ms. Carroll seconded the motion that unanimously passed. Motion Vice Chair Yerzy moved to rescind the fines and remove the Board’s Order in Case #09-300. Mr. LaTour seconded the motion that unanimously passed. 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 17, 2009 Case #09-933 Mussolini Guerrier Location: 3110 SE 2nd Street Violation(s): CO CH15 SEC. 15-120(B)2 INC CO CH15 SEC. 15-120(D) INC. LDR CH23 II SEC. O Parking lot maintenance required. Fix and restripe parking lot. Sod swale and remove trash and debris. Officer Pierre presented the case as contained in the staff report. The recommendation given was to comply within 30 days. Motion Based on the testimony and evidence presented in Case #09-933, Vice Chair Yerzy moved that this Board find that Mussolini Guerrier 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 July 17, 2009. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past July 17, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case #09-935 Jean Pierre Messeroux Location: 2970 SE 2nd Street Violation(s): CO CH15 SEC. 15-120(D) INC. LDR CH 23 II Sec. O Parking lot maintenance required. Fix and restripe parking lot. Sod swale area and remove trash and debris. Officer Pierre presented the case as contained in the staff report. The recommendation given was to comply within 30 days. Motion Based on the testimony and evidence presented in Case #09-935, Vice Chair Yerzy moved that this Board find that Jean Pierre Messeroux 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 July 17, 2009. The Board has considered the gravity of the 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 17, 2009 violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $200 per day for each day the violations continue past July 17, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case #09-1144 Elcius Monaille Location: 190 SE 27th Ave. Violation(s): CO CH15 SEC. 15-120(D) INC. Repair or replace fence. Office Pierre presented the case as contained in the staff report. The recommendation given was to comply within 30 days. Motion Based on the testimony and evidence presented in Case #09-1144, Vice Chair Yerzy moved that this Board find that Elcius Monailleis 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 17, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past July 17, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case #09-1216 Andre & Marie Charles Location: 184 SE 27th Way Violation(s): CO CH15 SEC. 15-120(D) INC Fix driveway. Remove inoperable and unregistered vehicle from property. Officer Pierre presented the case as contained in the staff report. The recommendation given was to comply within 30 days. Motion Based on the testimony and evidence presented in Case #09-1216, Mr. LaTour moved that this Board find that Andre & Marie Charles are in violation of the City of Boynton Beach Code section cited and moved to order that the Respondents correct the 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 17, 2009 violation on or before July 17, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past July 17, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case #09-1160 Nauras Corp. Location: SW 9th Avenue (Vacant lot) Violation(s): CO CH15 SEC. 15-120 (D) INC. BBA FBC ’04 105.1.1. LDR CH2 SEC. 5 (D) (1) Remove outside storage including trailer contents. Remove inoperable and unregistered vehicles, trash and debris. Permit required for wrought iron fence. Officer Roy presented the case as contained in the Notice of Violation. All violations were corrected except for the fence permit. The Respondent contacted him to advise he was working on obtaining the permit. The recommendation give was to comply within 30 days. Motion Based on the testimony and evidence presented in Case #09-1160, Mr. LaTour moved that this Board find that Nauras Corp. is in violation of the City of Boynton Beach Code sections cited and moved to order that the Respondent correct the violations on or before July 17, 2009. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $150 per day for each day the violations continue past July 17, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Vice Chair Yerzy seconded the motion that unanimously passed. Case #09-1509 Judith A. Morrow Location: 657 SW 4th Avenue Violation(s): LDR CH2 SEC. 5(D) (1) CH CH13 SEC. 13-16 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 17, 2009 Auto repair not permitted in residential zone. Business Tax Receipt required to rent property. Officer Roy presented the case as contained in the staff report. The recommendation given was to comply within 10 days. The auto repair complied; the Business Tax Receipt remained outstanding. Motion Based on the testimony and evidence presented in Case #09-1509, Mr. Karageorge moved that this Board find that Judith A. Morrow 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 27, 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 June 27, 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 withthis OrderMs. Carroll seconded the motion that unanimously passed. Case #09-1411 Kyle Smith & Katherine Joyce Location: 647 South Road Violation(s): FBC ’04 ED 104.1.1 BBA FBC ’04 105.4 Dock permit expired. Obtain new permit. Red tagged. Officer Webb presented the case as contained in the staff report. The recommendation given was to comply within 10 days. Motion Based on the testimony and evidence presented in Case #09-1411, Vice Chair Yerzy. moved that this Board find that Kyle Smith and Katherine Joyce 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 27, 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 27, 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 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 17, 2009 Case #09-1444 Deutsche Bank National Trust Location: 203 NE 11th Avenue Violation(s): CO CH 10 SEC. 10-56 (H) Harboring bees is in violation of Property Maintenance Code and is a danger to the public. Exterminate or remove bees. Officer Webb presented the case as contained in the staff report. The recommendation given was to comply within 10 days. Motion Based on the testimony and evidence presented in Case #09-1444, Vice Chair Yerzy moved that this Board find that Deutsche Bank National Trust 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 27, 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 27, 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. Officer Lewis presented the fine certifications. The following case was recommended to be certified at $50 per day: Case #09-191 David & Alejandra Giordano 7904 Manor Forest La. Motion Based on the testimony and evidence presented in Case #09-191, Mr. LaTour moved that this Board find that the Respondents, David & Alejandra Giordano, 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. Vice Chair Yerzy seconded the motion that unanimously passed. The following cases were recommended to be certified at $100 per day: 28 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 17, 2009 Case #09-956 1420 Holdings 1420 SW 30th Ave. 13 Innovative Wood Studios LLC Motion Based on the testimony and evidence presented in Case #09-956, Vice Chair Yerzy moved that this Board find that the Respondents, 1420 Holdings, Innovative Wood Studios LLC, have not complied with this Board's Order dated May 20, 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 $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. Karageorge seconded the motion that unanimously passed. Case #09-1015 Felix, LLC 3300 S. Congress Ave. #1 Motion Based on the testimony and evidence presented in Case #09-1015, Vice Chair Yerzy , moved that this Board find that the Respondent, Felix, LLC has not complied with this Board's Order dated May 20, 2009, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Karageorge seconded the motion that unanimously passed. Case #09-1017 1420 Holdings 1420 SW 30th Ave. Ray Greaves Building Motion Based on the testimony and evidence presented in Case #09-1017, Vice Chair Yerzy moved that this Board find that the Respondents, 1420 Holdings, Ray Greaves Building have not complied with this Board's Order dated May 20, 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 $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. Karageorge seconded the motion that unanimously passed. Case #09-783 Luc C. Vildor 317 NE 10th Ave. Motion Based on the testimony and evidence presented in Case #09-783, Vice Chair Yerzy moved that this Board find that the Respondent, Luc C. Vildor, has not complied with 29 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 17, 2009 this Board's Order dated May 20, 2009, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Karageorge seconded the motion that unanimously passed. Case #09-999 Deutsche Bank National Trust 203 NE 11th Ave. Motion Based on the testimony and evidence presented in Case #09-999, Vice Chair Yerzy moved that this Board find that the Respondent, Deutsche Bank NationalTrust, has not complied with this Board's Order dated May 20, 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. Karageorge seconded the motion that unanimously passed. The following case was recommended to be certified at $150 per day: Case #08-2512 SS Boynton Associates LLC 1901 N. Congress Ave. Motion Based on the testimony and evidence presented in Case #08-2512, Vice Chair Yerzy moved that this Board find that the Respondent, SS Boynton Associates, LLC, has not complied with this Board's Order dated April 15, 2009, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $150 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaTour seconded the motion that unanimously passed. The following case was recommended to be certified at $250 per day: Case #09-818 Dacilas Louis 145 SW 13th Ave. Motion Based on the testimony and evidence presented in Case #09-818, Vice Chair Yerzy moved that this Board find that the Respondent Dacilas Louis, has not complied with this Board's Order dated May 20, 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 $250 per day plus administrative costs which shall continue to 30 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 17, 2009 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. The following case was recommended to be certified at $500 per day: Case #09-1041 Chancelet Colin 338 SW 4th Ave. Berthie & Lifilia Escarment Motion Based on the testimony and evidence presented in Case #09-1041, Mr. LaTour moved that this Board find that the Respondents Chancelet Colin, Berthie & Lifilia Escarment, have not complied with this Board's Order dated May 20, 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 into compliance or until a judgment is entered based upon this certification of fine. Vice Chair Yerzy seconded the motion that unanimously passed. The following cases were recommended to receive no fine: Case #09-382 Boynton JCP Associates LTD 801 N. Congress Ave. 601 The Nexus Motion Based on testimony and evidence presented in Case #09-382, Vice Chair Yerzy moved that this Board find that the Respondents, Boynton JCP Associates LTD/ The Nexus, 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 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. Karageorge seconded the motion that unanimously passed. Case #08-836 Gemini Boynton Beach 1 LLC 2290 N. Congress Ave. Motion Based on testimony and evidence presented in Case #08-836, Vice Chair Yerzy moved that this Board find that the Respondent, Gemini Boynton Beach 1 LLC,, was in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Order of August 20, 2008, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the 31 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 17, 2009 violation and the previous violations of the Respondent, that this Board impose and certify “No Fine.” Mr. Karageorge seconded the motion that unanimously passed. Case #09-541 Andrew & Sabina Smejkal 189 SE 27th Place Motion Based on testimony and evidence presented in Case #09-541, Vice Chair Yerzy moved that this Board find that the Respondents, Andrew & Sabina Smejkal, 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 April 15, 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. Karageorge seconded the motion that unanimously passed. Case #08-2839 Peter Jacobsen 511 W. Ocean Ave. Motion Based on testimony and evidence presented in Case #08-2839, Vice Chair Yerzy 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 February 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. Karageorge seconded the motion that unanimously passed. Case #09-345 Inlet Plaza 1832 N. Federal Hwy Alpha Rehabilitation Motion Based on testimony and evidence presented in Case #09-345, Vice Chair Yerzy moved that this Board find that the Respondents, Inlet Plaza/ Alpha Rehabilitation, 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 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 Respondents, that this Board impose and certify “No Fine.” Mr. Karageorge seconded the motion that unanimously passed. Case #08-1516 Delray Boynton Academy Inc. 425 NE 10th Ave. 32 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 17, 2009 Motion Based on testimony and evidence presented in Case #08-1516, Vice Chair Yerzy ., moved that this Board find that the Respondent, Delray Boynton Academy 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. Karageorge seconded the motion that unanimously passed. Case #09-518 Benel & Yves Joseph 520 NW 11th Ave. Motion Based on testimony and evidence presented in Case #09-518, Vice Chair Yerzy moved that this Board find that the Respondents, Benel & Yves Joseph, 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 May 20, 2009, and in consideration of the gravity of the violations and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents, that this Board impose and certify “No Fine.” Mr. Karageorge seconded the motion that unanimously passed. Case#09-778 Keithon & Marcell Wright 317 SW 4th St. Motion Based on testimony and evidence presented in Case #09-778, Vice Chair Yerzy moved that this Board find that the Respondents, Keithon & Marcell Wright, 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 May 20, 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. Karageorge seconded the motion that unanimously passed. Case #09-945 Raymond T. Zompa 416 SW 5th Ave. Motion Based on testimony and evidence presented in Case #09-945, Vice Chair Yerzy moved that this Board find that the Respondent,Raymond T. Zompa, 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 May 20, 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. Karageorge seconded the motion that unanimously passed. 33 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 17, 2009 Adiournment There being no further business to discuss, the meeting properly adjourned at 9:47 p.m. a{lt)ultjJ}(L~(!kvJJr Catherine Cherry G Recording Secretary 061709 34