Loading...
Minutes 07-15-09 MINUTES OF THE CODE COMPLIANCE BOARD MEETNG HELD ON WEDNESDAY, JULY 15, 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, Assistant City Attorney Robert Foot Mark Karageorge Kirk LaRock James Brake, Alternate ABSENT: Kathleen Carroll Jamie LaTour I. Call to Order Chair Costantino called the meeting to order at 7:00 p.m. II. Approval of June 17, 2009 Minutes Motion Vice Chair Yerzy moved to approve the minutes. Mr. Karageorge seconded the motion that passed unanimously. III. Approval of Agenda Willie Webb, Senior Code Officer, reported the following: The following cases came into compliance: #09-1352, #09-1377, #09-1649, #09-1655 and #09-1806. The following cases were removed: #09-1225, #09-1267, #09-1558 and #09-1606. Motion Vice Chair Yerzy moved to approve the agenda. Mr. Foot seconded the motion that passed unanimously. 1 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 15, 2009 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. Chair Costantino requested the addition of an item to the agenda entitled "Caseload" prior to preceding "Adjournment." Motion Mr. Foot moved to approve the amendment to the agenda to provide for that. Mr. Karageorge seconded the motion that passed unanimously. Officer Webb called the roll and determined who was present. Chair Costantino requested Case #09-1240 be heard first. There was no objection by the Board. Case # 09-1240 Antoine Celestin & Christine Joseph Location: 432 Gateway Blvd. Violation: BBA FBC '04 105.1.1 Permit 07-2483 has expired – no final inspection as noted in red tag dated April 9, 2009. Applicable fee is required for an extension. Luney Guillaume, Code Officer, presented the case and reviewed the details of the violation. The initial inspection was made on April 29, 2009. The permit had originally been sought for a carport enclosure. nd Antoine Celestin, 432 NE 22 Avenue, was present, and his daughter, Daphne, served as his translator. Mr. Celestin pled no contest and believed he could comply in 90 days. Daphne informed the Board that another contractor would be hired to rebuild the wall that was to have been constructed. Motion Based on the testimony and evidence presented in Case #09-1240, Vice Chair Yerzy moved that this Board find that Antoine Celestin & Christine Joseph 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 October 13, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 15, 2009 violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past October 13, 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 #08-3379 Forum Shoppes of Boynton LLC Location: 140 Congress Avenue Violations LDR CH4 SEC. 11 LDR CH23 II SEC. 0 LDR CH7 II SEC. 5(B) Property to be maintained per site plan. Parking lot maintenance required. Landscape maintenance required. Skip Lewis, Senior Code Officer, presented the case and reviewed the details of the violation. Dan Mandel, 2700 N. Military Trail, Boca Raton, a member of the ownership entity, pled no contest. The matter had been brought before the Board at the June 17, 2009 meeting, and at that time, Mr. Mandel advised that all health and safety issues had been addressed. Certain issues remained and would have to be brought into compliance. Mr. Mandel had submitted to Code Compliance an action plan prepared by PME Inc. While Mr. Hallahan had requested the parking lot repairs, landscaping and building maintenance commence immediately, it would be a financial hardship for Mr. Mandel to do so. As such, Mr. Mandel requested that at least one of the three phases commence by January 1, 2010. It was questioned whether Mr. Mandel sought financing. Mr. Mandel responded there were no further credit sources available. The Respondent was currently obligated to Sterling Bank for a $5,000 interest-only loan which had matured last month. He was confident the Bank would provide a loan extension. The Bank had also provided additional funding to help finance the overrun of the Chuck E. Cheese's build-out. At its own expense, the Respondent had pulled permits to reroof the remaining buildings. While the property had appraised well with the income from the theater, Chuck E. Cheese's was the only tenant. Chair Costantino suggested a fine be established and a schedule for compliance be implemented, with Mr. Mandel appearing before the Board on a regular basis. Once the Respondent came into compliance, Mr. Mandel could appear before the Board for a lien reduction at that time. She also suggested accepting Mr. Hallahan's recommendation to 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 15, 2009 commence the irrigation phase sometime this month. Other suggestions from the Board included completing a phase in three months. Attorney Tolces recommended establishing one date for compliance, unless there was a specific health or safety issue to be addressed. He felt it would be easier from both a legal and operational perspective to address all the violations in one Board order. It was agreed the Board would set a fine and date for compliance. If the work had not been completed by that date, the fine would commence. Mr. Mandel felt this was a reasonable resolution to the issue. Motion Based on the testimony and evidence presented in Case #08-3379, Mr. Foot moved that this Board find that Forum Shoppes of Boynton LLC is in violation of the City of Boynton Beach Code sections cited and moved to order that the Respondent correct the violations on or before January 15, 2010. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $250 per day for each day the violations continue past January 15, 2010 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 #09-1328 Patricia Rossiello th Location: 2625 SE 5 Circle Violation: CO CH2.5 SEC.2.5-12+13 Excess false alarms and service fee. Pete Roy, Chief Code and Rehabilitation Officer, presented the case and reviewed the details of the violation. The initial inspection was made on May 1, 2009. Notice was sent via certified mail, but was returned unsigned. Service was effectuated by posting the notice on the property. Staff recommended 10 days be given for compliance. Patricia Rossiello, 3837 Jonathans Way, pled not guilty. Officer Roy explained there had been six alarms since December 2008, three at no cost, and the others invoiced at a charge of $75 on March 31, 2009, $100 on April 13, 2009 and $150 on April 14, 2009. A door had been repaired on May 30, 2009 after a Notice of Violation and a Notice of Hearing had been sent on May 4, and May 20, 2009, respectively. 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 15, 2009 Ms. Rossiello noted she had vacated the premises in January and had been advised by the association in February that a homeless person could have broken into her home and set off the alarm. At Ms. Rossiello's request, the alarm company had visited the property and determined the false alarms had been caused by faulty equipment installed on the sliding doors. After the equipment had been replaced, Ms. Rossiello presented the receipt to Code Compliance and requested the fee be waived. She had previously paid $175 in alarm fees and had not been in the house for more than a year. She contended she was advised by the Code Officer that the current fines would not be waived as fines had previously been waived as a result of damage caused by Hurricane Wilma. Chair Costantino informed Ms. Rossiello that as the owner of the property, she was ultimately responsible for the false alarms. It was her responsibility to ensure the equipment was functioning properly. An inquiry was made as to the nature of the asterisk placed next to the Respondent's name on the Agenda. Scott Blasie, Code Compliance Administrator, indicated the matter had been brought before the Board on two occasions and hundreds of dollars had been waived. Thereafter, it was Ms. Rossiello's responsibility to ensure the equipment functioned properly. In addition to the invoices referred to earlier, an invoice dated May 30, 2009 was contained in the file. There had been more than 50 false alarms since 2004 and fees of $475 and $500 had been waived on November 7, 2005 and August 22, 2006, respectively. It was noted the Board had been more than generous in waving fees. More importantly, the lives of police officers had been put at risk by the false alarms. Motion Based on the testimony and evidence presented in Case #09-1328, Mr. Foot moved that this Board find that Patricia Rossiello is in violation of City of Boynton Beach Code Section as cited, and moved to order that the Respondent correct the violation on or before July 25, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25, per day for each day the violation continues past July 25, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection and verification of payment of the fees to comply with this Order. Mr. LaRock seconded the motion that passed unanimously. 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 15, 2009 Case #09-1470 William Ganoe th Location: 320 NE 13 Avenue Violation: CO CH9 SEC. 9-22(C) Annual fire inspection fees. Officer Roy presented the case and reviewed the details of the violation. The initial inspection date occurred on May 14, 2009. The notice was sent via certified mail, but the green card had not been signed. Service was effectuated by posting the notice on the property. Staff recommended 10 days be given for compliance. William Ganoe, 9605 Payton Court, did not offer a plea. He advised he had paid the initial invoice of $50 and had been advised by Code Compliance that a re-inspection fee was due. Officer Roy informed the Board the original invoice #8261 for $50 sent on March 3, 2009 had been paid. Invoice #8652 for $50 was sent on April 14, 2009, and a third invoice for $50 had been sent to the Respondent, for a total of $150. Mr. Ganoe indicated his properties had been re-inspected on several occasions over the last five years, and he had never been charged for re-inspection fees. The invoices he received had always been in the amount of $50. Attorney Tolces advised Section 9-22 of the ordinance adopted in 2007 required re- inspection fees due to violation, incompletion, lack of accessibility or deviation from an approved plan. After the initial inspection, one re-inspection for compliance would be included in the original fee. If additional re-inspections were necessary, fees would be required as follows: $50 for a second re-inspection due to violation; $100 for a second re-inspection due to incompletion, lack of accessibility or deviation from an approved plan and $150 for a third and subsequent re-inspection. Pursuant to the advice of the Code inspector, Mr. Ganoe had his fire extinguishers recharged, and it was his belief the charge should have been included in the initial inspection. He did not understand why the other charges had been imposed. Mr. Blasie suggested the case be tabled until the next meeting so that staff could explore the matter with the Fire Department. Motion Mr. Karageorge moved that Case #09-1470 be tabled until the Code Compliance Board meeting to be held on August 19, 2009. Vice Chair Yerzy seconded the motion that unanimously passed. 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 15, 2009 Case #09-1196 William Ganoe th Location: 320 NE 13 Avenue Violations: CO CH10 SEC. 1056(A)(B)(D)(E)(G) CO CH10 SEC. 1057(B) CO CH10 SEC. 1058(A)(C)(D)(E) CO CH10 SEC. 1059(A) Several units at the location do not meet the requirements of the Property Maintenance Code. Exposed wires; plumbing and toilets not working; hot water heaters not wired properly and leaking. Units contain mold. Kitchen cabinets need replacing, appliances not working and flex cords are running through doors and windows cannot be used as a means of wiring the appliances. Cracked windows need to be replaced. Outside light fixture is neither working nor covered. Trash and debris must be cleared. Officer Webb presented the case and reviewed the details of the violations. The initial inspection occurred on April 24, 2009. Notice was sent via regular and certified mail, but the green card had not been returned. Service was effectuated by posting the notice on the property. There were no hurricane hazards. The Respondent was given 10 days for compliance. William Ganoe, 9605 Payton Court, pled no contest. He advised approximately 80% of the violations had been remedied. The building consisted of ten units, four of which had been rented, and he had evicted five undesirable tenants in the last 45 days. Two additional tenants were to be evicted. Mr. Ganoe requested 30 days to complete the eviction process. He had hired a City employee to care for the property over the weekends. It was his understanding permits were not needed for any of the repairs. Mr. Ganoe had been in discussions with Officer Webb and the Police Department to remedy the situation. Officer Webb provided photographs taken on his initial visit to the premises. He reported on the Respondent's progress, noting the light fixtures had been repaired and some of the windows replaced. He had no objection to the 30-day request. 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 15, 2009 Motion Based on the testimony and evidence presented in Case #09-1196, Vice Chair Yerzy moved that this Board find that William Ganoe 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 August 14, 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 August 14, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion. It was suggested the fine be increased as there appeared to be major safety issues with the exposed wiring. Officer Webb noted the wires running through the doors and windows wires had already been removed. The motion passed unanimously. Case #09-0550 Anand Patel LLC Location: 2201 S. Federal Highway Violations: CO CH10 SEC. 10-2 CO CH10 SEC. 10-56(B)(D)(G) LDR CH23 II. SEC. O Remove all Florida Holly. Repair or replace all broken or missing windows. Remove all trash and debris and potholes in parking lot. Replace or repair roof by obtaining proper permits. Bring property landscape back to what is on file with City. Inspect and repair lighting in parking lot. John Herring, Code Officer, presented the case and reviewed the details of the violations. The initial inspection was completed on February 25, 2009. The notice had been sent via regular and certified mail. A safety issue existed regarding the parking lot lighting. The owner was present and had made some improvements. Anand Patel, 648 Belvedere Drive, pled no contest. He noted the previous occupants had cut the hedges down before vacating the premises, stole the air-conditioners from 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 15, 2009 the roof and cut the electric cables. He could not address the landscaping without electricity. Mr. Patel had secured a bid to repair the roof and attempted to secure financing. He added he could not move forward while the lien was in place. Mr. Patel requested 60 to 90 days to address the landscaping and roofing. Officer Herring noted the subject property was the former Denny's site and would be used for an IHOP (International House of Pancakes). The Respondent had cleaned up the area considerably. The interior ceiling tiles, contaminated by mold, had been removed and all broken glass had been repaired. Repairs to the roof were still needed. The parking lot could be striped and the potholes repaired without electricity. Officer Herring provided photographs of the property reflecting the lack of hedges. It was suggested Mr. Patel consider applying to the CRA for a facade grant as an option to assist with the exterior work required Concerns were raised with illegal activity on the property. Officer Herring would work with Mr. Patel to indentify additional nuisances. Motion Based on the testimony and evidence presented in Case #09-0550, Mr. Karageorge moved that this Board find that Anand Patel LLC is in violation of the City of Boynton Beach Code sections cited and moved to order that the Respondent correct the violations on or before August 29, 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 $200 per day for each day the violations continue past August 29, 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 #09-1831 Germy St. Fort nd Location: 1515 SW 2 St. Violation: CO CH15 SEC. 15-120(D) Inc Remove outside storage from lot and mow overgrowth. Officer Roy presented the case and reviewed the details of the violation. Service was effectuated by written and certified mail. The green card was signed on June 30, 2009. The storage violation has been remedied, but the overgrowth must be mowed. Staff recommended 10 days for compliance. 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 15, 2009 Germy St. Fort, 4607 Fernwood Drive, Delray Beach, pled no contest and requested seven days to mow the overgrowth. Motion Based on the testimony and evidence presented in Case #09-1831, Vice Chair Yerzy moved that this Board find that Germy St. Fort 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 25, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past July 25, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Brake seconded the motion that unanimously passed. Case #09-419 Ralph & Rosie Inc. 2007 S. Federal Hwy. Diane Springer, Code Compliance Coordinator, presented the case and reviewed the details of the violations. The date of the Notice of Violation was February 10, 2009. Service had been effectuated by certified mail, and the green card was signed by Susan McSpirit on March 25, 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 May 30, 2009, or a fine of $500 per day. Some of the violations still existed, with 45 days of non-compliance. Within two days of the last hearing, Office Herring and Ms. Springer met with Ralph Devita at the property and reviewed the violations. Mr. Devita provided a plan and advised he would be contacting FPL for the light poles and Mr. Hallahan regarding the landscaping. The outside storage had been removed, the stop signs were installed and the Florida Holly had been cut. Additionally, Mr. Devita was in the process of re-striping and repairing potholes in the parking lot. Mr Devita and Ms. McSpirit were present. Ralph Devita, 6 Eastview Avenue, Delray Beach, appeared before the Board. Attorney Tolces advised a subpoena had been issued at the Board's direction for Ms. McSpirit to appear, as an issue existed regarding the green card. th Susan McSpirit, 658 NE 6 Court, verified her signature on the green card, adding she had been an employee of the corporate entity at the time she had signed the card. Attorney Tolces noted Ms. McSpirit was the proper recipient to sign the green card. 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 15, 2009 Thereafter, Ms. McSpirit placed the mail in a pile, which was her normal procedure in handling the mail. Ms. Springer requested the matter be tabled for a month as Mr. Devita had made a good deal of progress in curing the violations. She provided photographs for the Board's review. It was questioned whether Mr. Devita had been operating the business without a Business Tax Certificate, and Mr. Devita had responded affirmatively, adding he had been operating without a Business Tax Receipt for approximately two years. He contended the Business Tax Receipt could not be obtained until the liens on the property had been reduced. Chair Costantino suggested the Board certify the fine, as to allow the issues to continue would be a disservice to the City. It was questioned whether the Department of Health had inquired as to why the business had not been licensed. Mr. Devita replied he maintained a County business license and an alcoholic beverage license issued by the State. It was noted the Board had previously taken action regarding sign violations and a tiki hut which related to a site plan amendment to be processed. The City Commission had taken action to foreclose on these issues as well. With regard to his current violations, Mr. Devita acknowledged he had not met all of the requirements necessary for a lien reduction. Motion Based on the testimony and evidence presented in Case #09-419, Mr. Foot 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 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. Mr. LaRock seconded the motion that unanimously passed. st Case #08-1319 John Van De Warker 135 SW 1 Ave. Officer Webb presented the case and reviewed the details of the violations. It would be necessary for the Respondent to secure a licensed contractor and obtain a permit for interior alterations. The Notice of Violation date was February 2, 2008. The case had 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 15, 2009 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 a fine of $100 per day. The violation still existed, having 331 days of non-compliance. th John Van De Warker, 312 SW 11 Avenue, advised the property was in foreclosure and he hoped to obtain financing to address the issues. He indicated he took measures to maintain the property at all times. Officer Webb advised he did not have recent photographs of the property and had not visited the site since March 3, 2009. He provided a photograph taken on June 16, 2008. Mr. Van De Warker indicated the interior had been completely gutted, and he could do nothing further until the foreclosure proceedings were resolved. The property was secured and in good condition, and he had obtained a landlord permit for the other side of the structure. Mr. Van De Warker requested an extension and upon the resolution of the foreclosure issue, would obtain a permit to install a new roof and address the interior alterations. Mr. Van De Warker's honesty before the Board was commended, and it was suggested the case be tabled. Motion Vice Chair Yerzy moved that Case #08-1319 be tabled until the Code Compliance Board meeting to be held on September 16, 2009. Mr. LaRock seconded the motion that unanimously passed. With regard to lien reductions, Mr. Blasie advised the City's ordinances required the Board's decision be reviewed by the City Commission. As such, completed minutes of the meeting would be forwarded to each City Commissioner for review. The Commissioners and the applicant had seven days to review the Board's Order and request an additional review at a City Commission meeting. If no such request was made within seven days, the Board's decision would be final. th Case #09-810 U.S. Bank National 211 SE 4 Ave. Association, Trustee Officer Herring presented the case and reviewed the details of the violations. It would be necessary for the Respondent to repair or replace all broken windows and damaged soffit, remove mold from the building and replace a damaged electrical outlet. The Notice of Violation was dated March 23, 2009. The case was brought before the Board 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 15, 2009 on May 20, 2009, and no one had appeared. The Board had established a compliance date of June 4, 2009, or a fine of $500 per day. The violations still exist, having 40 days of non-compliance. Administrative costs totaled $634.12. Gina Mattila noted she was the listing broker on behalf of U.S. Bank National Association. She was employed by Mega Real Estate located at 2755 South Federal Highway. The property had been listed for several months and was being offered "as is." Christopher Brebbia would be purchasing the property, which he has agreed to accept, inclusive of the existing violations. It was his intention to rehabilitate the property for rental purposes. Ms. Mattila requested a 60-day extension to provide Mr. Brebbia an opportunity to bring the property into compliance. An inquiry was made as to whether the Board would lose its position with respect to the lien if the Board did not take action on the case. Attorney Tolces advised there was no lien on the property at this time. If the Board did not certify the fine, there would be no lien for the Bank to satisfy prior to closing. The new owner had agreed to accept the property with notice of the violations, and once the closing had occurred, a hearing date could be set and an order entered requiring the new owner to come into compliance within a certain period of time. The Board could impose a lien on the new owner in the event of non-compliance. Ms. Mattila advised the closing date had originally been scheduled for July 8, 2009 and would be rescheduled upon the resolution of the issue. Mr. Brebbia believed he could bring the property into compliance within 60 days. Officer Herring informed the Board that Mr. Brebbia had been taking care of the property next door as the homeowner resided out of the State. Anything requested of Mr. Brebbia by Officer Herring had been attended to in a timely manner. It was suggested the matter be tabled for 60 days. If the property has not been sold during that time, the Board could determine the action it wished to take. Motion Mr. LaRock moved that Case #09-810 be tabled until the Code Compliance Board meeting to be held on September 16, 2009. Vice Chair Yerzy seconded the motion that unanimously passed. th Case #07-3439 Raul E. Estrada 440 SW 4 Ave. Mr. Blasie advised the case had originated on December 12, 2007 for violations to the City's Land Development Regulations including major auto repairs in a residential zone 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 15, 2009 and a ficus hedge in excess of eight feet. The case came before the Board on February 20, 2009. No one had appeared, and a Cease and Desist Order was proposed for March 6, 2008, or a fine of $250 per occurrence. Staff had documented compliance on June 11, 2009, having 461 days of non-compliance, for a total of $115,250 plus administrative costs. Mr. Blasie believed it was likely the auto repair violation had ceased at the time the former occupants vacated the house. Mr. Blasie provided "before" photographs reflecting the overgrown hedge, as well as photographs taken this date by Officer Herring. The applicant's representative had provided staff with a CD of photographs reflecting an overgrown yard, trashed house, dilapidated wooden structure, interior damage and trash in the garage. Printed copies of the photographs were provided for the Board's review. The house was vacant and had been secured. Joe Sauter, Prudential Florida Realty, located at 822 East Atlantic Avenue, Delray Beach, advised he was the listing agent for the property. Aurora Bank had foreclosed in June and had taken over the property on May 14, 2009. The buyer and buyer's agent were present. Mickey Maguire, 12270 Fairway Pines Drive, attempted to purchase the house more than a year ago. He contended the premises had been vacant for one and a half years. Attorney Tolces expressed concern that the City might have been included in the foreclosure proceeding. Mr. Maguire produced the Certificate of Title which reflected a foreclosure action had occurred. It was suggested the matter be tabled to determine whether the City's lien had indeed been foreclosed and whether a lien reduction meeting would be necessary. Motion Mr. Karageorge moved that Case #07-3439 be tabled and reconvene later in the meeting. Mr. LaRock seconded the motion that unanimously passed. Case #07-2974 MAJ Properties LLC 623 N. Railroad Ave. Mr. Blasie advised the Respondent had been originally cited on October 17, 2007. The case had been brought to the Board on December 19, 2007, and no one had appeared. The Board had established a compliance date of December 29, 2007, or a fine of $250 per day. Staff had documented compliance on March 3, 2009, for 429 days of non- compliance plus administrative costs. The building, located near Railroad Avenue in an M-1 Industrial zoning district, had been damaged during a hurricane, and one of the walls had been removed. The property had remained in a state of disrepair for some time and had been used for illegal activities. Mr. Blasie provided two photographs taken by Officer Herring this date, along with eight photographs showing the building in 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 15, 2009 various states of repair before coming into compliance. The building had not been secured. Bert Freehof, 9647 Orchid Road Trail, noted he was a licensed real estate broker and represented Wachovia Bank SBA, (located in northern California) the current owner of the property. The Bank had taken title of the property March 1, 2009 and had expended considerable dollars in replacing the roof and wall. The property was currently under contract. A lien search had been undertaken 45 days ago which revealed the City's lien on the property. Mr. Freehof had initially been advised the lien was in the amount of $43,000. He subsequently learned the lien was in the amount of $107,250. The Bank had recently paid real estate taxes of between $10,000 and $11,000, completed the hedge trimming and replaced a stop sign on the property. The Bank requested that the entire lien be waived. Mr. Blasie produced a copy of an email between Tim Williams, Vice President and Special Assets Manager at Wachovia, SBA, and Anne Gannon, the Palm Beach County Tax Collector, confirming that Ms. Gannon's office had received a wire transfer in the amount of $36,041.90 that would fully satisfy the 2006, 2007 and 2008 real estate taxes. Representatives of the Respondents had previously appeared before the Board during a fine certification, advising they were likely to lose the property in foreclosure proceedings. Staff had corresponded with the Respondent as well. Concerns were addressed regarding the appearance of the property and the lack of security, which became a burden to the City. As such, it was suggested the lien be reduced to $10,000. Other suggestions included the sum of $5,500 including administrative costs, $6,000 or $7,000. Motion Based on testimony and evidence presented in Case #07-2974, 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 #07-2974, by virtue of this Board's Order of December 19, 2007, to an amount of $5,500, including administrative costs. Vice Chair Yerzy seconded the motion that unonimously passed 5- 1 (Mr. Foot dissenting). 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 15, 2009 th Case #07-3439 Raul E. Estrada 440 SW 4 Ave. Motion Mr. Foot moved to remove the case from the table. Mr. Karageorge seconded the motion that passed unanimously. Attorney Tolces indicated it appeared the lis pendens for the foreclosure proceeding had been filed in 2007, and the City's lien had not been filed until 2008. Any liens filed against the property subsequent to the filing of the lis pendens would not be valid. As the City's lien had been foreclosed upon the issuance of the Certificate of Title to Aurora Loan Services, it would not be necessary for the Board to take any action at this time. Attorney Tolces would work with staff to process a partial release of lien as to the subject property only. The lien would remain in place as to any other property Mr. Estrada owned within the County. It was noted the $200 application fee would be returned to the Respondent. Attorney Tolces reiterated no motion was necessary. Case #09-1585 Marc and Ritha Fervil th Location: 128 SE 27 Place Violation: CO CH15 SEC. 15-120(D) INC. Remove debris from front property. Remove unregistered and inoperable vehicle from property. Pierre Vestiguerne, Senior Code Officer, presented the case and reviewed the details of the violation. The Respondent was present. Marc Fervil, 128 SE 27the Place, pled no contest. He contended he removed the vehicle from the property. Officer Vestiguerne provided the Board with photographs evidencing past violations on the property. The violations were ongoing, and numerous complaints had been received from neighbors. The photographs reflected unregistered vehicles on the property on several occasions. After the vehicles had been towed by the City, the Respondent retrieved the vehicles and returned them to the property. A separate case had been opened by the City on May 14, 2009 at the same address. Officer Vestiguerne requested the Board issue a Cease and Desist Order. Mr. Fervil contended the vehicles had been removed from the property and placed in storage to be shipped to Haiti. 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 15, 2009 Chair Costantino emphasized the Respondent had established a pattern in maintaining unregistered vehicles on the property. Motion Based on the testimony and evidence presented in Case #09-1585, Vice Chair Yerzy moved that a Cease and Desist Order be issued giving Marc and Ritha Fervil until July 25, 2009 to bring the violation of City of Boynton Beach Code sections as cited into compliance. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that a fine in the amount of $500 per recurrence of the violation thereafter shall be imposed upon the Respondents. Mr. LaRock seconded the motion that passed unanimously. Case #09-867 Guerson and Beatrice Lorissant th Location: 128 NE 11 Ave. Violation: CO CH15 SEC. 15-120(D) Inc. Removed unlicensed and inoperable vehicle from property. Officer Webb presented the case and reviewed the details of the violation. The initial inspection was completed on March 26, 2009. Service was effectuated by regular and certified mail, and the green card was signed on June 25, 2009. The Respondent was given 10 days for compliance. th Guerson Lorissant, 128 NE 11 Avenue, pled no contest, and believed the property could be brought into compliance in 30 days. Mr. Lorissant's pressure cleaning business had not been profitable and as such, he was unable to purchase insurance or renew the tag. He had attempted to sell the vehicle but had been unable to do so. The vehicle, which was operable, contained his pressure cleaning equipment and had been stored in th the parking lot at 128 N.E 11 Avenue when business was both good and bad. If the vehicle could not be sold in 30 days, Mr. Lorissant would give it away. Motion Based on the testimony and evidence presented in Case #09-867, Vice Chair Yerzy moved that this Board find that Guerson and Beatrice Lorissant 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 August 14, 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 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 15, 2009 continues past August 14, 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 and it was noted the Respondent had been a repeat violator. The motion passed unanimously. The meeting recessed at 9:23 p.m. and reconvened at 9:32 p.m. Case #09-939 Location: Violations: Jean P. Messeroux 2950 SE 2nd Street CO CH15 SEe. 15-120(0) Inc. LOR CH23 II SEe. 0 Maintain parking lot. Fix and re-stripe parking lot. Sod swale area and remove trash and debris. Officer Vestiguerne presented the case and reviewed the details of the violations. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-939, Vicc Ch\lir Ycrz:; Mr. Foot moved to find that Jean P. Messeroux is in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondent correct the violations on or before August 14, 2009. Based on the evidence presented in this case, the Board finds a repeat violation of the Code section as cited. Having also considered the gravity of the violations, the actions take by the Respondent, the Board hereby orders that should the Respondent fail to comply with this Order, a fine in the amount of $ffiG $50 per day shall be imposed for each day the violation continues past August 14, 2009 plus administrative costs. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this order. Vice Chair Yerzy seconded the motion that passed unanimously. Case #09-1379 Location: Violation: H.B. Easton, Inc. 112 Commerc Road CO CH9 SEe. 9- 22( C) Annual fire alarm inspection fee. 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 15, 2009 Officer Roy presented the case and reviewed the details of the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-1379, Vice Chair Yerzy moved that this board find that H.B. Easton, Inc. 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 July 25, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past July 25, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection and verification of payment of the fees to comply with this Order. Mr. LaRock seconded the motion that passed unanimously. Case #09-1389 Tangiers Development LLC th Location: 132 NE 12 Ave. Violation: CO CH9 SEC. 9-22(C) Annual fire inspection fee. Officer Roy presented the case and reviewed the details of the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-1389, Vice Chair Yerzy moved that this board find Tangiers Development 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 July 25, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past July 25, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection and verification of payment of the fees to comply with this Order. Mr. LaRock seconded the motion that passed unanimously. 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 15, 2009 Case #09-1458 Location: Violation: Boynton Commerce Center LLC - 2015 Corporate Drive CO CH9 SEe. 9-22(C) Annual fire inspection fees. Officer Roy presented the case and reviewed the details of the violations. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-1458/ Vice Chair Yerzy moved that this board find Boynton Commerce Center 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 July 25/ 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $!OO $50 per day for each day the violation continues past July 25/ 2009 plus administrative costs shall be imposed, The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection and verification of payment of the fees to comply with this Order. Mr. LaRock seconded the motion that passed unanimously. Case #09-797 Location: Violation: Leo and Veronica Sears 460 NE 2ih Ave. CO CH15-120(D) Inc. CO CH13 SEe.13-16 Remove all trash and debris from property. Obtain Business Tax Receipt to rent residence. Courtney Cain, Code Officer, presented the case and reviewed the details of the violations. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-797/ Mr. LaRock moved that this Board find that Leo and Veronica Sears 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 14/ 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 August 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 15, 2009 14, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Vice Chair Yerzy seconded the motion that unanimously passed. Case # 09-1398 Lisette Linares st Location: 644 NW 1 Ave. Violations: CO CH15 SEC. 15-120(D) Inc. CO CH13 SEC. 13-16 CO CH10 SEC. 10-56(C) Pool must be maintained in sanitary condition. Repair gate on fence. Obtain Business Tax Receipt to rent residence. Officer Cain presented the case and reviewed the details of the violations. A health hazard existed as a result of the unsanitary condition of the pool. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-1398, Mr. Karageorge moved that this Board find that Lisette Linares 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 25, 2009. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $500 per day for each day the violations continue past July 25, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Larock seconded the motion that unanimously passed. Case #09-1583 Dennis Gleason and Cathy Morrison th Location: 300 NE 26 Ave. #114 Violation: BBA FBC '04 105.1.1 Permit #07-1675 has expired as noted in red rag. Apply for new permit. Officer Cain presented the case and reviewed the details of the violation. Staff recommended 10 days be given for compliance. 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 15, 2009 Motion Based on the testimony and evidence presented in Case #09-1583, Vice Chair Yerzy moved that this Board find that Dennis Gleason and Cathy Morrison 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 July 25, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past July 25, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. Case #09-1812 Perry and Martha Price Location: 317 Gateway Blvd. Violations: CO CH15 SEC. 15-120(D) Inc. CO CH13 SEC. 13-16 Vehicle in rear yard must have current tag and be in running order. Mow and maintain overgrown yard. Obtain Business Tax Receipt to rent house. Officer Cain presented the case and reviewed the details of the violations. The Respondents must obtain a current tag for the vehicle. The remaining violations have been cured. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-1812, Mr. LaRock moved that this Board find that Perry and Martha Price are in violation of the City of Boynton Beach Code sections cited and moved to order that the Respondents correct the violation on or before July 25, 2009. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past July 25, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 15, 2009 Case #09-1528 Luis Baez and Johanna Rodriguez Location: 220 Gateway Blvd. Violation: CO CH15 SEC. 15-120(D) 1 Inc. Mow overgrown yard. Repair or remove fence. Remove all trash and debris. Officer Guillaume presented the case and reviewed the details of the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-1528, Mr. Karageorge moved that this Board find that Luis Baez and Johanna Rodriguez 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 July 25, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past July 25, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. Case #09-1645 Citimortgage, Inc. Location: 1920 N. Seacrest Blvd. Violation: CO CH15 SEC. 15-120(D) 1 Inc. Mow overgrown yard. Officer Guillaume presented the case and reviewed the details of the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-1645, Vice Chair Yerzy moved that this Board find that Citimortgage, Inc,. is in violation of the City of Boynton Beach Code section cited and moved to order that the Respondent correct the violation on or before July 25, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past July 25, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 15, 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. LaRock seconded the motion that unanimously passed. Case #09-1646 Location: Violation: Homecoming Financial Service LLC 1570 NW 2nd Lane CO CH15 SEe. 15-120(0)1 Inc. Mow overgrown yard. Officer Guillaume presented the case and reviewed the details of the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-1646, Vice Chair Yerzy moved that this Board find that Homecoming Financial Service 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 July 25, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past July -l5;- 25, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case #09-2545 Location: Violation: Woolfed Inc. 1600 S. Federal Hwy. LOR CH7.5 II SEe. 5(B) Bring property landscape back to what is currently on file with the City. Officer Herring presented the case and reviewed the details of the violation. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-2545, Mr. LaRock moved that this Board find that Woolfed 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 August 14, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 15, 2009 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 August 14, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Brake seconded the motion that unanimously passed. Case #09-1722 Bayfront of Boynton Beach Condominium Association, Inc. 450 Bayfront Drive (Clubhouse) CO CH10 SEe. 10-60(A) CO CH10 SEe. 10-60(D) Have all fire extinguishers, fire sprinkler systems and fire alarm systems in proper working condition. Call Fire Department for fire sprinkler system, fire alarm system and fire extinguisher inspections. Location: Violations: Officer Herring presented the case and reviewed the details of the violations. While staff recommended 10 days be given for compliance, Officer Herring requested less than 10 days be given, as neither the suppression system nor the fire alarm system had initially been inspected by the Fire Department. Attorney Tolces recommended no fewer than five business days be provided. Motion Based on the testimony and evidence presented in Case #09-1722, Vice Chair Yerzy moved that this Board find that Bayfront of Boynton Beach Condominium Association, Inc. is in violation of the City of Boynton Beach Code sections cited and moved to order that the Respondent correct the violations on or before July 21, 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 $200 per day for each day the violations continue past July 21, 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 #09-639 Location: Violation: 3151 SW 14th Place LLC 3151 SW 14th Place #1 BBA FBC '04 105.1.1 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 15, 2009 Secure required building permit for two offices as noted in red tag dated February 23, 2009. Officer Lewis presented the case and reviewed the details of the violation. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-639, Mr. LaRock moved that this Board find that 3151 SW 14th Place 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 August 14, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $200 per day for each day the violation continues past August 14, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that passed unanimously. Case #09-1504 Location: Violations: Eric Filer and Jean Wyatt-Filer 2612 SW 23rd Cranbrook Dr. BBA FBC '04 105.1.1 BBA FBC '04 105.4 Officer Lewis presented the case and reviewed the details of the violations. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-1504, Vice Chair Yerzy moved that this Board find that Eric Filer and Jean Wyatt-Filer 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 August 14, 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 August 14, 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. 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 15, 2009 Case #09-1553 Location: Violations: James A. Grant 16 Walcott Drive 104.6.1 FBC '01 ED BBA FBC '01 ED BBA 104.1.1 Secure extension on permit #05-4390 for garage door installation or obtain new permit as noted in red tag dated May 8, 2009. Officer Lewis presented the case and reviewed the details of the violations. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-1553, Vice Chair Yerzy moved that this Board find that James A. Grant 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 August 14, 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 August 14, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case #09-280 Location: Violations: David Julsaint and Rose Guervil 116 NW 6th Avenue CO CH13 SEe. 13-16 CO CH5 SEe. 15-120(D) Inc. BBA FBC '04 105.5.5 Obtain Business Tax Receipt to rent property. Return property back to single-family dwelling. Remove all outside storage and trash. Remove inoperable vehicle and unpermitted shed. Mike Melillo, Senior Code Officer, presented the case and reviewed the details of the violations. The shed had been removed, but the remaining violations had not been cured. A health and safety hazard currently exists as the structure, which was previously a single-family dwelling, had been made into a duplex without a permit. While this issue had been reported by a tenant to be evicted, the tenant would not 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 15, 2009 allow access to the Code officer. The landlord has procrastinated in moving forward with the eviction process and had not applied for any of the required licensing. Chair Costantino suggested seven days be given to comply. Motion Based on the testimony and evidence presented in Case #09-280, Mr. Karageorge moved that this Board find that David Julsaint and Rose Guervil 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 23, 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 July 23, 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 #09-1304 Location: Violation: HsBC Bank USA National Assn. TR 225 NW 3rd Avenue 104.1.1 BBA FBC 2004 Permit #04-3892 has expired. Red Rag. Obtain new permit for carport enclosure. Officer Melillo presented the case the reviewed the details of the violation. While the previous owners had obtained a permit for a carport enclosure, the structure had not passed inspection. The Bank assumed ownership of the property in March 2009 and had not taken any measures to comply or even acknowledge the notices provided. Officer Melillo had visited the property recently to take photographs of the property and was advised the property would likely be sold. Motion Based on the testimony and evidence presented in Case #09-1304, Vice Chair Yerzy moved that this Board find that HSBC Bank USA National Assn. 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 July 23, 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 July 23, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to 28 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 15, 2009 contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case #09-1482 Location: Violation: Justin Reiland 514 NW 11th Avenue CO CH13 SEe. 13-16 Obtain Business Tax receipt to rent property . Officer Melillo presented the case and reviewed the details of the violation. Tenants were currently residing in the dwelling, and the Respondent has refused to obtain a Business Tax Receipt. Motion Based on the testimony and evidence presented in Case #09-1482, Mr. Karageorge moved that this Board find that Justin Reiland 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 25, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $200 per day for each day the violation continues past July 25, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. Case #09-1565 Location: Violation: Marie Theragene 153 SE 31st Avenue BBA FBC '04 105.1.1 Obtain permit as noted in red tag dated May 8, 2009. Officer Pierre presented the case and reviewed the details of the violation. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-1565, Vice Chair Yerzy moved that this Board find that Marie Theragene is in violation of the City of Boynton Beach Code section cited and moved to order that the Respondent correct the violation 29 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 15, 2009 on or before August 14, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $150 per day for each day the violation continues past August 14, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. Case #09-1586 Location: Violations: Gordon Bartlett 197 SE 2ih Place CO CH15 SEe. 15-120(D) Inc. CO CH13 SEe. 13-16 CO CH10 SEe. 10-56(E) Officer Pierre presented the case and reviewed the details of the violations. Staff recommended 10 days be given for compliance. It was noted the Respondent was a repeat offender. Motion Based on the testimony and evidence presented in Case #09-1586, Mr. Foot moved to find that Gordon Bartlett is in violation of City of Boynton Beach Code sections as cited, and moved to order that the Respondent correct the violations on or before July f5, 25, 2009. Based on the evidence presented in this case, the Board finds a repeat violation of the Code section as cited. Having also considered the gravity of the violations, the actions take by the Respondent, the Board hereby orders that should the Respondent fail to comply with this order, a fine in the amount of $200 per day, shall be imposed for each day the violation continues past July 25, 2009 plus administrative costs. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this order. Vice Chair Yerzy seconded the motion that passed unanimously. Case #09-1616 Kevin Faber and Serene Prinyavivatkul 170 SE 27th Ave. BBA FBC '04 105.1.1 Permit expired as noted on red tag. Obtain new permit. Location: Violation: Violation: 30 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 15, 2009 Officer Pierre presented the case and set forth the details of the violation. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-1616, Ms. Vice Chair Yerzy moved that this Board find that Kevin Faber and Serene PrinyavivatkuI 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 July 25, 2009 August 14, 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 25, 2009 August 14, 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 #09-1620 Location: Violations: John Floyd Enterprises Inc. 2201 SE 3rd St. CO CH15-120(D) Inc. BBA FBC '07 ED. 105.1 Sod property. Obtain permit to convert storage area into bedroom. Officer Pierre presented the case and set forth the details of the violation. Staff recommended 30 days be given for compliance. It was noted The Respondent was repeated offender. Motion Based on the testimony and evidence presented in Case #09-1620, Vice Chair Yerzy moved that this Board find that John Floyd Enterprises Inc. is in violation of the City of Boynton Beach Code sections cited and moved to order that the Respondent correct the violations on or before August 14, 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 $200 per day for each day the violations continue past August 14, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for 31 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 15, 2009 re-inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case #09-1650 Location: Violation: Lance and Kendra Seiler 3000 SE 1st Court LDR CH2 SEe. 4(E) Trees/shrubbery visually obstruct traffic on SE 29th Ave. Either trim them to four feet or remove them. Officer Pierre presented the case and set forth the details of the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-1650, Vice Chair Yerzy moved that this Board find that Lance and Kendra Seiler 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 July 25, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $150 per day for each day the violation continues past July 25, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. Case #09-787 Location: Violation: David L. Levin & Tracy Briscuso 411 SW 9th Ave. CO CH13 SEe. 13-16 Obtain Business Tax receipt to rent property . Officer Roy presented the case and set forth the details of the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-787, Mr. LaRock moved that this Board find that David L. Levin & Tracy Briscuso 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 July 25, 2009. The Board has considered the gravity of the 32 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 15, 2009 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 25, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Brake seconded the motion that unanimously passed. Case #09-842 Location: Violation: Alan P. Boyd &. Regina A. Graham 201 W. Ocean Ave. CO CHiS SEe. 15-120(D) Inc. Remove outside storage from carport and trailers from yard. Officer Roy presented the case and set forth the details of the violation. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-842, Vice Chair Yerzy moved that this Board find that Alan P. Boyd & Regina A. Graham 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 August 14, 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 $200 per day for each day the violation continues past August 14, 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 #09-1533 Location: Violation: Frankel Noel &. Deina Anescar 627 SW 4th Ave. CO CHiS SEe. 15-120(D) Inc. Remove any unregistered, inoperable Vehicles and vehicle parts from property . Officer Roy presented the case and set forth the details of the violation. Staff recommended 10 days be given for compliance. 33 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 15, 2009 Motion Based on the testimony and evidence presented in Case #09-1533, Mr. Foot moved that this Board find that Frankel Noel & Deina Anescar 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 July 25, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past July 25, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Vice Chair Yerzy seconded the motion that unanimously passed. Case # 09-1539 Location: Violations: Mary Barrett-Green &. Darryl Green 645 SW 2nd Ave. LDR CH2 SEe. 5(D) (1) CO CH15 SEe. 15-120(D) Inc. Remove all trash, debris and outside storage of materials. Officer Roy presented the case and set forth the details of the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-1539, Mr. Karageorge moved that this Board find that Mary Barrett-Green & Darryl Green 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 25, 2009. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $200 per day for each day the violations continue past July 25, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Vice Chair Yerzy seconded the motion that unanimously passed. Case #09-1635 Location: Linda M. &. Robbie Todd 628 SW 3rd Ave. 34 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 15, 2009 Violation: CO CH13 SEe. 13-16 Obtain Business Tax Receipt to rent property . Officer Roy presented the case and set forth the details of the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-1635, Mr. Karageorge moved that this Board find that Linda M. & Robbie Todd 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 July 25, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past July 25, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Vice Chair Yerzy seconded the motion that unanimously passed. Case #09-1690 Location: Violations: Claude A. Brigante 220 SW 3rd St. CO CH20 SEe. 20-6 CO CH20 SEe. 20-8 Occupying a recreational vehicle in a residential zone is prohibited. Remove all utilities and vacate the motor home. Officer Roy presented the case and set forth the details of the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-1690, Mr. Foot moved that this Board find that Claude A. Brigante 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 25, 2009. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past July 25, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact 35 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 15, 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. Vice Chair Yerzy seconded the motion that unanimously passed. Case #09-1696 Location: Violation: Allen Zambella Zambelia Allen 206 SW 3rd St. BBA FBC '07 ED. 105.1 Red tag. Obtain permit for re-roofing. Officer Roy presented the case and set forth the details of the violation. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-1696, Vice Chair Yerzy moved that this Board find that Allen Zambella 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 August 14, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past August 14, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case #09-1484 Location: Violations: Ronald and Joyce Walker 206 NE lih Ave. CO CH13 SEe. 13-16 CO CH10 SEe. 10-56(B) CO CH10 SEe. 10-56(D) Repair all broken windows. Remove all trash and debris. If property is vacant, secure building. Obtain Business Tax Receipt to rent property. Officer Webb presented the case and set forth the details of the violation. Staff recommended 10 days be given for compliance. 36 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 15, 2009 Motion Based on the testimony and evidence presented in Case #09-1484, Mr. Karageorge moved that this Board find that Ronald and Joyce Walker 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 July 25, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $200 per day for each day the violation continues past July 25, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Vice Chair Yerzy seconded the motion that unanimously passed. Case #09-1485 Location: Violations: Waltoguy Anfriany 210 ME 12th Ave. CO CH13 SEe.13-16 CO CH10 SEe. 10-57(B) Every habitable room shall have one Window directly to the outdoors. Remove storm shutters from windows. Obtain Business Tax Receipt for rental of property. Officer Webb presented the case and set forth the details of the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-1485, Mr. LaRock moved that this Board find that Waltoguy Anfriany 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 25, 2009. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $200 per day for each day the violations continue past July 25, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. 37 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 15, 2009 Case #09-1573 Location: Violation: Frederick &. Marie A. Terilus 328 NE 13th Ave. CO CH15 SEe. 15-120(D) Inc. Sod all bare areas in yard. Remove all loose trash and debris. Officer Webb presented the case and set forth the details of the violation. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-1573, Mr. Foot moved that this Board find that Frederick & Marie A. Terilus 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 August 14, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past August 14, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Vice Chair Yerzy seconded the motion that unanimously passed. Case #09-1619 Location: Violation: Timothy F. McTigue 130 NE 4th Ave. CO CH15 SEe. 15-120(D) Inc. Keep property mowed, trim overgrowth and keep property free of all loose trash and debris. Officer Webb presented the case and set forth the details of the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-1619, Vice Chair Yerzy moved that this Board find that Timothy F. McTigue 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 25, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past July 25, 2009 plus 38 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 15, 2009 administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. Case #09-1658 Location: Violation: Jacob &. shellie J. Rus 515 NE 1st St. CO CH15 SEe. 15-120(D) Install sod in all bare areas of yard. Remove all trash and debris and repair broken window. Officer Webb presented the case and set forth the details of the violation. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-1658, Mr. Karageorge moved that this Board find that Jacob & Shellie J. Rus 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 August 14, 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 August 14, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. Officer Webb recommended the following cases be certified at $50 per day: Case #09-1120 Southern Bell &. Tel 221 sE 4th St. Motion Based on the testimony and evidence presented in Case #09-1120, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated June 17, 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 $50 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Vice Chair Yerzy seconded the motion that unanimously passed. 39 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 15, 2009 Case #08-3701 Yale & Holly Roth 3100 s. Sea crest Blvd. Motion Based on the testimony and evidence presented in Case #08-3701, Mr. Foot moved that this Board find that the Respondents have not complied with this Board's Order dated February 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. Vice Chair Yerzy seconded the motion that unanimously passed. Officer Webb recommended the following cases be certified at $100 per day: Case #09-947 Mark Schiff 3805 s. Lake Dr. Motion Based on the testimony and evidence presented in Case #09-947, Vice Chair Yerzy moved that this Board find that the Respondent 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. Officer Webb recommended the following cases be certified at $250 per day: Case #09-338 1420 Holdings - Raymond Greaves 1420 SW 30th Ave. Motion Based on the testimony and evidence presented in Case #09-338, Vice Chair Yerzy moved that this Board find that the Respondent, 1420 Holdings, 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 $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. 40 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 15, 2009 Motion Based on the testimony and evidence presented in Case #09-338, Mr. Karageorge moved that this Board find that the Respondent, Raymond Greaves, 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 $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 Webb recommended ~ Cc~sc ~nd Dcsist Ordcr bc issucd, imposing ~ finc in thc ~mount of $500 pcr rccurrcncc for thc following c~sc: that under the Cease & Desist order, a fine in the amount of $500 be certified for one (1) recurrence: Case #09-360 Frederick D. Ireland 2941 Ocean Pkwy. Motion B~scd on thc tcstimony ~nd cvidcncc prcscntcd in C~sc #09 360, ~~r. Foot movcd th~t ~ Cc~sc ~nd Dcsist Ordcr bc issucd giving Frcdcrick D. Ircl~nd until Junc 11 , 2009 to bring thc viol~tions of City of Boynton Bc~ch Codc scctions ~s citcd into compli~ncc. Thc Bo~rd h~s considcrcd thc gr~vity of thc viol~tions, thc ~ctions t~kcn by thc Rcspondcnt, ~nd ~ny prcvious viol~tions by thc Rcspondcnt, ~nd hcrcby ordcrs th~t ~ finc in thc ~mount of $500 pcr rccurrcncc of thc viol~tion thcrc~ftcr sh~1I bc imposcd upon thc Rcspondcnt. Vicc Ch~ir Ycrz:.; sccondcd thc motion th~t p~sscd un~nimously. Mr. Foot moved that Frederick D. Ireland had violated the Cease & Desist Order after June 11, 21009 for violations of the City of Boynton Beach Code Sections cited and a fine in the amount of $500.00 be certified for one recurrence of the Cease and Desist Order. Officer Webb recommended the following cases be certified at $500 per day Case #09-877 Danny & Gwen Peters 2941 Ocean Parkway Motion Based on the testimony and evidence presented in Case #09-877, Mr. Foot moved that this Board find that the Respondents 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 $500 per day plus administrative costs which shall continue to accrue until the Respondents come 41 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 15, 2009 into compliance or until a judgment is entered based upon this certification of fine. Vice Chair Yerzy seconded the motion that unanimously passed. Officer Webb recommended "No Fine" for the following cases: Case 09-536 Karl W. Washington 1017 N. Railroad Ave. Motion Based on testimony and evidence presented in Case #09-536, Vice Chair Yerzy moved that this Board find that the Respondent, Karl W. Washington, 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. LaRock seconded the motion that unanimously passed. Case #09-1124 High Ridge Properties Pirate Divers . 640 E. Ocean Ave. Motion Based on testimony and evidence presented in Case #09-1124, Vice Chair Yerzy moved that this Board find that the Respondents, High Ridge Properties and Pirate Divers, 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 June 17, 2009, and in consideration of the gravity of the violation and the actions taken by the Respondents to remedy the violation and the previous violations of the Respondents, that this Board impose and certify "No Fine." Mr. LaRock seconded the motion that unanimously passed. Case #09-1329 Olga L. and Christian Saavedra 1021 Grove Park Cir. Motion Based on testimony and evidence presented in Case #09-1329, Vice Chair Yerzy moved that this Board find that the Respondents, Olga L. and Christian Saavedra, 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 June 17, 2009, and in consideration of the gravity of the violation and the actions taken by the Respondents to remedy the violation and the previous violations of the Respondents, that this Board impose and certify "No Fine." Mr. LaRock seconded the motion that unanimously passed. 42 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 15, 2009 Case #09-420 Harbor Cay LLC 605 Lakeside Harbor Motion Based on testimony and evidence presented in Case #09-420, Vice Chair Yerzy moved that this Board find that the Respondent, Harbor Cay 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. LaRock seconded the motion that unanimously passed. Case # 09-1130 Isidora R. Johnson 608 NW 5th St. Motion Based on testimony and evidence presented in Case #09-1130, Vice Chair Yerzy moved that this Board find that the Respondent, Isidora R. Johnson, 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. LaRock seconded the motion that unanimously passed. Case #09-1044 Tyler Little and Evelyn Deleon 2935 SE 1st St. Motion Based on testimony and evidence presented in Case #09-1044, Vice Chair Yerzy moved that this Board find that the Respondents, Tyler Little and Evelyn Deleon, 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 violation and the previous violations of the Respondents, that this Board impose and certify "No Fine." Mr. LaRock seconded the motion that unanimously passed. Case #09-1074 Alsone Villas 235 sE 26th Ave. Motion Based on testimony and evidence presented in Case #09-1074, Vice Chair Yerzy moved that this Board find that the Respondent, Alsone Villas, was in violation of the City of 43 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 15, 2009 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. LaRock seconded the motion that unanimously passed. Officer Webb recommended Case #09-801 be tabled until the Code Compliance Board meeting to be held August 19, 2009. Case #09-801 Jerome & April Kern 2317 N. congress Ave. Motion Mr. Karageorge moved that Case #09-801 be tabled until the Code Compliance Board meeting to be held on August 19, 2009. Vice Chair Yerzy seconded the motion that unanimously passed. VII. Caseload (Added Item) Chair Costantino inquired whether the Board could implement a cutoff time to conclude the meeting or limit the number of cases to be heard. Attorney Tolces advised the Board could set its own rules and procedures, recognizing that the cases not heard at a scheduled meeting would be added to the agenda for the following meeting. Motion Vice Chair Yerzy moved that the Board limit the time of the Wednesday evening meetings. Ms. Springer requested the Board consider the amount of paperwork involved in moving the cases to the agenda for the next meeting. This would also require re-sending notices by certified mail, at great expense to the City. Other suggestions included conducting daytime meetings, or resuming Thursday lien reduction meetings either during daytime or evening hours. It was also suggested limiting the time for testimony to three minutes. Attorney Tolces recommended against placing a limitation on anyone's time to be heard. Further discussion ensued, and it was agreed to change the start time of the meetings to 6:30 p.m. 44 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 15, 2009 Motion Mr. Karageorge moved to change the start time of the Code Compliance Board meetings to 6:30 Wednesday evenings starting in August. Mr. LaRock seconded the motion. Mr. Blasie pointed out staff had already sent out notices for the August meeting. Motion Mr. Karageorge amended his motion to change the starting time as of September. Mr. LaRock seconded the motion that passed unanimously. VIII. Adjournment There being no further business to discuss, the meeting properly adjourned at 10:15 p.m. ~~ Stephanie D. Kahn Recording Secretary 071509 45