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Minutes 08-19-09 MINUTES OF THE CODE COMPLIANCE BOARD MEETNG HELD ON WEDNESDAY, AUGUST 19, 2009, AT 7:00 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Richard Yerzy, Vice Chair (arrived 7:41 p.m.) Kathleen Carroll Robert Foot Mark Karageorge Kirk LaRock Jamie LaTour James Brake, Alternate Scott Blasie, Code Compliance Administrator David Tolces, Assistant City Attorney I. Call to Order Chair Costantino called the meeting to order at 7:00 p.m. II. Approval of July 15, 2009 Minutes Motion Mr. Karageorge moved to approve the minutes. Mr. LaRock seconded the motion that passed unanimously. III. Approval of Agenda Vestiguerne Pierre, Senior Code Compliance Officer, reported the following: Case #'s 09-1470,09-2186,09-1862,09-1930,09-2000, 09-2004, 09-2034, 09-2036, 09-2037, 09-2039, 09-2086, 09-924, 09-2226 came into compliance. Case # 09-1877 was removed. Case # 07-3227 should be tabled until November 18, 2009. Motion Mr. Foot moved that Case # 07-3227 be tabled until the Code Compliance Board meeting to be held on November 18, 2009. Ms. Carroll seconded the motion that unanimously passed. Case # 03-692 should be tabled until September 15,2010. 1 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 19,2009 Motion Mr. LaTour moved that Case # 03-692 be tabled until the Code Compliance Board meeting to be held on September 15,2009. Ms. Carroll seconded the motion that unanimously passed. Chair Costantino added Election of 2nd Vice Chair as. V. New Business, Item E. Motion Ms. Carroll moved to approve the agenda as amended. Mr. LaTour seconded the motion that unanimously passed. IV. Swearing in of Witnesses and Introduction. Attorney Tolces explained the hearing procedures and administered the oath to all who would be testifying. V. New Business Item E. Election of Second Vice Chair (Heard out of Order) Chair Costantino opened the floor for nominations for 2nd Vice Chair. Mr. Karageorge nominated Mr. Foot for 2nd Vice Chair. Mr. Foot agreed to the nomination. Chair Costantino passed the gavel and nominated Mr. LaTour for 2nd Vice Chair. Mr. LaTour accepted the nomination. There were no other nominations. Chair Costantino closed the nominations. A vote was taken for Mr. Foot as 2nd Vice Chair with no votes received. A vote was taken for Mr. LaTour, which unanimously passed. B. Cases to be Heard Officer Pierre called the roll and determined the Respondents who were present. Case #09-1636 Location: Violation(s): Robbie Todd 2590 NW 2nd Street CO CH13 SEC. 13-16 Renting residence requires current Business Tax Receipt. Courtney Cain, Code Compliance Officer, presented the details of the violation. The case was a routine inspection. A written notice was provided giving 10 days to cure the violation. The green card was signed on July 3, 2009. The Respondent was present. 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 19, 2009 Robbie Todd, 617 SW 3rd Avenue pled not guilty and explained he recently paid for the license. He had not received anything at his address, rather correspondence that was sent to the tenant's address. It was noted Mr. Todd only paid for the license but had not gone through the inspection process, which was scheduled for Friday. It was suggested Mr. Todd update his mailing address with the Property Appraiser's office. Ten days was given to allow him to comply. It was anticipated Mr. Todd would not have a problem passing the inspection. Motion Based on the testimony and evidence presented in Case #09-1636, Mr. Foot moved that this Board find that Robbie Todd 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 29, 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 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 # 09-1635 Linda & Robbie Todd 628 SW 3rd Avenue Pete Roy, Chief Code and Rehabilitation Officer, presented the case. The notice of Violation was May 29, 2009 for violations concerning Business Tax Receipts. No one appeared at the Code Compliance Board hearing on July 15, 2009. The compliance date and fine set by the Board was to comply by July 15, 2009 or incur a fine in the amount of $100 per day. The case was complied on this date, having 24 days of non-compliance and $100 fine per day. Mr. Todd reiterated he had not received anything via mail at his address. Mr. Todd also owned the property for four years. Motion Based on testimony and evidence presented in Case #09-1635, Ms. Carroll moved that this Board find that the Respondents Linda & Robbie Todd, were in violation of the City of Boynton Beach Code sections as cited, subsequent to the date of compliance specified in this Board's Order of July 15, 2009, and in consideration of the gravity of the violations, the actions taken by the Respondents to remedy the violations, and previous violations of the Respondents, that this Board impose and certify a fine in the amount of $634.12 which are the administrative costs. Mr. Foot seconded the motion that unanimously passed. Chair Costantino explained the fine was certified and a lien would be placed unless the fine was paid. Case #09-1940 Location: Violation(s): Greg & Celise Kleinrichert 695 NE 15th Place CO CH10 SEC. 10-56(A) 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 19,2009 CO CH10 SEC. 10-56(B) BBA FBC '07 ED. 105.1 Make repairs to dock. Permit will be required to proceed after DEP & Army Corp of Engineers approval is submitted to City. Officer Cain presented the details of the case which arose from a citizen complaint. It was noted the dock, potentially, could be a hurricane hazard. Greg Kleinrichert pled not guilty. Officer Cain reviewed photographs with the Respondent and the Board. Chair Costantino inquired of the status of the foreclosure. Arthur Wallace, Esq., 2211 E. Sample Rd., Suite 203, Lighhouse Point, Florida, representing the Kleinricherts advised the foreclosure was in mitigation. They were attempting to resolve the matter with the banks. The effort was to resolve the case as it pertained to the foreclosure. Mr. Kleinrichert explained the first Red Tag was November 5, 2007. Prior to that, the dock was in good shape. When he purchased the home, the poles, which were installed in 1979, were deteriorated. After receiving the Red Tag, DEP advised a permit was not required to replace the poles. He met with the City to address the matter, since neighbors had complained. At that point, the City indicated if the repairs were below $1,500 the repairs could be made. His receipts totaled $541, but he was still advised he had to replace the dock. Financially he was unable to replace it, but he made the repairs in 2007. DEP still advised no permit was required to replace the poles but the City stopped him from proceeding. Mr. Kleinrichert did not have written confirmation from DEP saying the permit was not required for a pole. Mr. Kleinrichert advised the Army Corp of Engineers similarly advised that no permit was needed to replace the poles. Due to the poles failing, the dock fell into its present condition. The dock would not fall if the poles were replaced. He cannot replace the dock, only the poles. He did not consider removing the dock. He advised his neighbors had an opinion of how they wanted the dock to look. He was stuck and no resolution has been made. The dock was flagged in 2007 when he was replacing the poles. Scott Blaise, Code Compliance Administrator, explained the Development Division was involved and would sign off on a permit application once approval from DEP and the Army CORP of Engineers was received. He noted an application had been submitted to DEP in June. Mr. Kleinrichert explained at this point, the issue with DEP was obtaining engineering drawings, which financially, he was unable to obtain. The total repair bill in 2007 would have been $541. Now it would be substantially more. Attorney Wallace inquired if the old boards could be removed, pending permission, and as a temporary solution, putting new boards on. Code Compliance would be satisfied if the dilapidated portions of the deck were removed. The Respondent was cited for a dilapidated dock. 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 19, 2009 Discussion followed if the case was beyond the Board's purview. It should not take long to dismantle the old boards. Mr. Blasie would pave the way with the Development Division to address the safety issues without obtaining a permit. The Respondent agreed to remove the dilapidated parts of the dock within 15 days. Discussion followed that the Board was not specifying how to bring the dock into compliance, only to bring it into compliance. Motion Based on the testimony and evidence presented in Case #09-1940, Mr. Karageorge moved that this Board find that Greg & Celise Kleinrichert are in violation of the City of Boynton Beach Code section cited and moved to order that the Respondents correct the violations on or before September 3, 2009. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past September 3, 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. Motion Mr. Karageorge moved for a five-minute recess. There were no objections. The meeting recessed at 7:44 p.m. The meeting reconvened at 7:47 p.m. Case #09-1360 Location: Violation(s): David L. & Kathy S. Cruise 133 SE 11th Avenue CO CH10 SEC. 10-56(A) CO CH10 SEC. 10-56(D) Paint house and facia. Mow, weed and trim property. John Herring, Code Compliance Officer, presented the case. The initial inspection was April 27, 2009. Written notice was issued via certified mail on June 30, 2009 giving 45 days to correct the violations. The green card was signed on July 8, 2009 and regular mail was sent on May 5, 2009. The property was mowed and trimmed. The Respondents were present. David Cruise, 133 SE 11 th Avenue, pled no contest, and requested three weeks to cure the violation. It was suggested 60 days would be a more appropriate amount of time to correct the remaining violations. Motion Based on the testimony and evidence presented in Case #09-1360, Mr. LaTour moved that this Board find that David L.& Kathy S. Cruise 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 October 29, 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 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 19, 2009 Respondents do not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past October 18, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Vice Chair Yerzy seconded the motion that unanimously passed. Case #09-1937 Location: Violation(s): Eileen Laughton 1356 Piazza Pitti CO CH13 SEC. 13-16 Rental of residence requires passing inspection and current Business Tax Receipt. Skip Lewis, Senior Code Compliance Officer, presented the case which arose from a citizen complaint. The initial inspection occurred on June 22, 2009. Written notice was issued giving 30 days to correct the violations. The property was posted on August 7, 2008 (sic) (should be 2009). The Respondent was present. Eileen Laughton, 17215 SW 13th Street, pled not guilty. Officer Lewis testified the tenant called and complained about the air conditioner not working properly. The Officer inspected the premises and contacted Ms. Laughton who advised she was involved in a dispute with the tenant about the air conditioner and she was not interested in obtaining the license. He posted the property on August 7, 2009. The Respondent then contacted Officer Lewis advising she received the posting from the tenant. An email to Scott Blasie was also included in the record that she spoke to him about the process of obtaining a license and in the email, the tenant advised she was not going to obtain the license to rent the property. Ms. Laughton explained an eviction action was pending against the tenant. She advised she was contacted about the air conditioner and told the officer that she was not going to fix it. She had repaired it several times in the past. The tenant had contacted her on May 9, 2009 to advise about the air conditioner. On May 9, 2009 the technician from Precision Air checked the system and refilled the system with freon. Chair Costantino explained to Ms. Laughton that because she did not have a Business Tax Receipt she was not in compliance with the Code. She had rented the property for the last three years. Motion Based on the testimony and evidence presented in Case #09-1937, Mr. Karageorge moved that this Board find that Eileen Laughton 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 29, 2009. The Board has considered the gravity of the violation, the actions taken. by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $250 per day for each day the violation continues past 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. 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 19, 2009 There was discussion the $250 fine was excessive and $100 may be more appropriate. Mr. Karageorge was satisfied with his motion. Vice Chair Yerzy seconded the motion that passed 6-1 (Mr. Foot dissenting.) Case #09-1822 Location: Violation( s): Minai Giri 3651 SE 2nd Street BBA FBC '07 ED 105.1 Permit required to remodel. Red Tagged. Officer Pierre presented the case as contained in the staff report. A permit was required for the remodeling, which was Red Tagged by the Building Department. The Respondent was present. Gus Carbonell, Architect for the project, explained the property owner was aware he was appearing on behalf owner. He had been given permission to speak, but did not have anything in writing. Mr. Carbonell explained plans were submitted one week ago for the permits. The structure was undergoing an interior remodel involving demolition and kitchen replacement. He requested a 60-day extension to obtain the permit. Mr. Foot suggested allowing 30 days for the permit to be obtained. Mr. Carbonell advised he anticipated picking up the plans, addressing any comments and resubmitting the plans this week. Motion Based on the testimony and evidence presented in Case #09-1822, Mr. Foot moved that this Board find that Minai Giri 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 September 18,2009. 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 September 18, 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 #09-1657 Location: Violation( s): MacArthur Delisme 302 NE 14th Avenue CO CH13 SEC 13-16 CO CH10 SEC. 10-56(A) Remove unlicensed and inoperable vehicles. Remove outside storage of items under carport not being used. Four-inch house numbers visible from street should be installed on structure. Stop selling vehicles belonging to someone else. Obtain Business Tax Receipt for rental of your house. 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 19, 2009 Willie Webb, Senior Code Compliance Officer, presented the case as contained in the staff report. The case arose as the result of a citizen complaint. The initial inspection date was June 3, 2009. Written notice was issued giving 10 days. Certified mail sent on July 10, 2009 was signed on July 15, 2009. Regular mail was sent on June 3, 2009. The Respondent was present. MacArthur Delisme, 405 NE 14th Avenue, pled no contest. He requested 60 days be given. He explained the house was being foreclosed. Individuals were living in the dwelling since the house went into foreclosure and he had an eviction pending against the tenants, one of which was his sister. Mr. Delisme was advised tenants do not dictate what could and could not be done with the property. If the tenants did not do what the owner directed, the owner had the right to remove the items. There were also legal mechanisms and remedies available. It was the owner's responsibility to address the issues. Motion Based on the testimony and evidence presented in Case #09-1657, Mr. Karageorge mOiled that this Board find that MacArthur Delsime 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 September 3, 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 September 3, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaTour seconded the motion. Vote There was discussion a higher fine would be more appropriate. Mr. Karageorge amended his motion to reflect a fine on the amount of $250. Mr. LaTour seconded the motion that unanimously passed. As to the car sales occurring on the premises, the members agreed a Cease and Desist order was appropriate. Motion Based on the testimony and evidence presented in Case #09-1657, Mr. Latour moved that a Cease and Desist Order be issued giving MacArthur Delsime until August 24, 2009 to bring the violation of City of Boynton Beach Code section as cited into compliance. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that a fine in the amount of $250.00 per recurrence of the violation thereafter shall be imposed upon the Respondent. Vice Chair Yerzy seconded the motion that passed unanimously. Case #09-280 David Julsaint & Rose Guervil 116 NW 6th Avenue 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 19,2009 Mike Melillo, Senior Code Compliance Officer, presented the case which pertained to violations involving a Business Tax Receipt being required, returning the structure to a single family dwelling, removing outside storage, trash, and inoperable vehicles. He noted the unpermitted shed violation was corrected. The Board heard the case on July 15, 2009. No one appeared. A compliance date and fine set by the Board was to comply by July 23, 2009 or incur a fine of $250 per day. The violation still exists. The Respondent was present. David Julsaint, 116 NW 6th Avenue, explained tenants were living there since October. He hired an attorney to evict the tenants and the action was pending. He advised they have an appointment on August 27, 2009. He pays the utility bills and requested more time. Officer Melillo explained the case was cited in January. In February he advised he was trying to get the eviction. They extended the case. In March the matter was still ongoing and the matter was extended to April. The case had been ongoing for six months. There was discussion an eviction can take six to nine months as a judgment must occur first. The Respondent cleaned the property, trimmed the trees and removed the unpermitted shed. Officer Melillo inspected the property earlier and advised the Respondent had not made application for a Business Tax Receipt. Mr. Julsaint indicated it was recommended he not apply for a Business Tax Receipt until he has an inspection. Motion Based on the testimony and evidence presented in Case #09-280, Mr. Karageorge moved that this Board find that the Respondent has not complied with this Board's Order dated July 15, 2009, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $250 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that passed 6-1 (Ms. Carroll dissenting.) Case #08-1377 Alice J. Blackford 131 W. Ocean Avenue Scott Blasie, Code Compliance Administrator, advised the case was originally cited May 7, 2008 for violations of the Community Appearance Code involving an unlicensed and inoperable vehicle. The case was heard on June 16, 2008. A date and fine was set by the Board for July 3, 2008 or $100 per day. The vehicle was removed July 16, 2009 and the case complied. There were 377 days of non-compliance. He advised he believed Ms. Blackford was deceased and the property was in an estate. He had a photo of the vehicle. Robin Ruffley, 49685 Buzzes Marina Way, Ridge, MD, was the daughter and personal representative of the estate. Ms. Blackford passed away July 1, 2009. Ms. Ruffley explained the car was always in the driveway, but Ms. Blackford was not aware the car had to be registered. Ms. Blackford split her time between the residence on Ocean Avenue and Ms. Ruffley's home. When Ms. Ruffley found out there were issues with the car, they addressed it. Mr. Blasie noted the property was always in good condition. Motion 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 19, 2009 Based on testimony and evidence presented in Case #08-1377, 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. Foot moved that this Board reduce the fines instituted in Case #08-1377, by virtue of this Board's Order of June 18, 2009, to an amount of $634.12, including administrative costs. Mr. Karageorge seconded the motion that unanimously passed. Mr. Blasie explained there was a seven-day period during which an appeal could be made. Once that time period expired, the action was ratified. Case #08-1723 Peggy Hankerson 218 NW 11th Avenue Mr. Blasie presented the case which was originally cited on June 20, 2008 for failing to obtain a Business Tax Receipt for a rental property. The case was heard on August 20, 2008 and no one appeared. The compliance date and fine set by the Board was to comply by August 30, 2008 or incur a fine of $250 per day. Compliance was obtained on November 24, 2008 having 85 days of non-compliance. The Respondent applied for the Business Tax Receipt but never called for the inspection. Peggy Hankerson, 614 Grove Street, Lake Worth, advised the property is in foreclosure. She was allowed to proceed with a short sale and had a contract on the property. The short sale was scheduled for the 14th of the month; however, when the lien Ssarch revealed there was an outstanding item, she applied for an extension. Mr. Blasie noted the hearing notices were served via posting since her address of record was not updated. Ms. Hankerson was unemployed and could not afford to pay anything. She hoped for a full fine reduction. There were no proceeds from the short sale. Motion Based on testimony and evidence presented in Case #08-1723, 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. Foot moved that this Board reduce the fines instituted in Case #08-1733, by virtue of this Board's Order of August 20, 2009, to an amount of zero, including administrative costs. Ms. Carroll seconded the motion that unanimously passed. Case #08-3614 1865 Woolbright Road LLC 1865 Woolbright Road Mr. Blasie presented the case and advised the actual location was 1869 Woolbright Rd.. The case was cited November 13, 2008 for interior work completed without permits. The case was heard on December 17, 2008. Mr. Terreza and G. Parra appeared. The compliance date and fine set by the Board was January 16, 2009 or incur a fine of $100 per day. Staff documented compliance on May 27,2009 having130 days of non-compliance plus the administrative costs. The entire plaza was inspected for compliance. Steve Alonzo, 4265 NW 65th Avenue, Coral Springs, was employed by the owner and had documentation authorizing his speaking on their behalf. Mr. Alonzo explained the case was 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 19, 2009 tenant driven. Once the tenants were gone, the management company appeared. The lien was instituted, they hired an architect, and hired a contractor to submit the building permit. The permit was issued, the work was done and then finalized. Management did not delay the process. They spent about $5,000 to bring the property into compliance. Management had always been proactive in getting the tenant to comply. In this case, the tenant had illegally sold the business and the new owners made unpermitted improvements to the building. Motion Based on testimony and evidence presented in Case #08-3614, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. LaTour moved that this Board reduce the fines instituted in Case #08-3614, by virtue of this Board's Order of December 17, 2008, to an amount of $1,476.18, including administrative costs. Vice Chair Yerzy seconded the motion that passed 4-3, (Ms. Carroll, Messrs. Karageorge and Foot dissenting.) The meeting recessed at 8:46 p.m. The meeting reconvened at 8:57 p.m. Case #09-1912 John E. & Natalie T. Feldmann Virginia Feldmann & Todd Archer 1418 SW 27th Avenue CO CH4 SEC 4-4 CO CH4 SEC 4-32 CO CH4 SEC 4-36 CO CH4 SEC 4-37 Foul odors of feces/urine - unsanitary conditions. Unsterilized cats running at large. Cats are not licensed and not vaccinated. Location: Violation(s): Liz Roehrich, Boynton Beach Animal Control Officer, explained the case was a severe case and was an ongoing matter. She visited the premises on August, 2008, and things were cleaned up from the last time she was there. When she received the current complaint, which originated in June 2009. It was worse than before. She requested the maximum fine be imposed and a Cease and Desist Order be issued. Officer Roehrich had photos she distributed to the Board. The tenant was involved in the Animal Care and Control field and there could be multiple animals at the premises at any given time. When the case was initiated, there were three cats. She did not know how many cats were there now. Officer Roehrich made appointments with animal rescue to have the cats sterilized, vaccinated and licensed on three separate occasions, and the owners cancelled each appointment. She continues to send applications there and she was at a loss why the case was continuing in its current manner. The party had been cited civilly for animal cruelty. 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 19, 2009 Motion Based on the testimony and evidence presented in Case #09-1912, Mr. Karageorge moved that a Cease and Desist Order be issued giving John & Natalie Feldmann, Virginia Feldmann & Todd Archer until August 24, 2009 to bring the violations of City of Boynton Beach Code sections as cited into compliance. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that a fine in the amount of $300 per recurrence of the violation thereafter shall be imposed upon the Respondents. Mr. LaRock seconded the motion. Chair Costantino requested the maximum fine be imposed and the Cease and Desist to be immediate. Discussion followed there must be enough time given for the Order to reach the Respondent. Five days would be appropriate. Mr. Karageorge amended his motion to change the fine amount to $1,000 per recurrence. Mr. LaRock seconded the motion that passed unanimously. Case #09-2008 Location: Violation(s): Louis & Carol Hymson 107 Meadows Circle CO CH13 SEC.13-16 Business Tax Receipt required to rent residence. Peter McCray, Business Inspector, presented the case. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-2008, Mr. Karageorge moved that this Board find that Louis & Carol Hymson 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 September 18, 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 September 18, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms Carroll seconded the motion that unanimously passed. Case #09-2010 Location: Violation(s): Vincent Saffiotti 111 Meadows Circle CO CH13 SEC.13-16 Business Tax Receipt required to rent residence. Inspector McCray presented the case. Staff recommended 30 days be given for compliance. Motion 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 19,2009 Based on the testimony and evidence presented in Case #09-2010, Ms Carroll moved that this Board find that Vincent Saffiotti 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 September 18, 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 September 18, 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 #09-2012 Location: Violation(s): Richard Vogel 114 Meadows Circle CO CH13 SEC.13-16 Business Tax Receipt required to rent residence. Inspector McCray presented the case. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-2012, Vice Chair Yerzy moved that this Board find that Richard Vogel 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 September 18, 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 September 18, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case #09-2052 Location: Violation(s): Victor Herrera & Zulma Sevilla 415 Meadows Circle CO CH13 SEC.13-16 Business Tax Receipt required to rent residence. Inspector McCray presented the case. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-2052, Mr. Foot moved that this Board find that Victor Herrera & Zulma Sevilla 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 September 18, 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 September 18, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 19, 2009 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 #09-2053 Location: Violation(s): James & Connie Rodgers TR. 412 Meadows Circle CO CH13 SEC.13-16 Business Tax Receipt required to rent residence. Inspector McCray presented the case. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-2053, Vice Chair Yerzy moved that this Board find that James & Connie Rodgers TR. 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 September 18, 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 September 18, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case #09-2056 Location: Violation(s): Paul M. Louis 409 Meadows Circle CO CH13 SEC.13-16 Business Tax Receipt required to rent residence. Inspector McCray presented the case. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-2056, Vice Chair Yerzy moved that this Board find that Paul M. Louis 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 September 18, 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 September 18, 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 #09-2057 Location: Violation(s): Roy Lynam 407 Meadows Circle CO CH13 SEC.13-16 Business Tax Receipt required to rent residence. 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 19,2009 Inspector McCray presented the case. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-2057, Vice Chair Yerzy moved that this Board find that Roy Lynam 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 September 18, 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 September 18, 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 #09-2058 Location: Violation(s): Kameisha Whyte 403 Meadows Circle CO CH13 SEC.13-16 Business Tax Receipt required to rent residence. Inspector McCray presented the case. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-2058, Mr. LaTour moved that this Board find that Kameisha Whyte 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 September 18, 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 September 18, 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 #09-2059 Location: Violation(s): James & Connie Rodgers TR. 402 Meadows Circle CO CH13 SEC.13-16 Business Tax Receipt required to rent residence. Inspector McCray presented the case. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-2059, Mr. Foot moved that this Board find that James & Connie Rodgers TR. 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 September 18, 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 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 19, 2009 Respondents do not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past September 18, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Vice Chair Yerzy seconded the motion that unanimously passed. Case #09-2077 Location: Violation(s): EMJAY Family Partnership LTD. 311 N. Congress Ave. 767 CO CH13 SEC.13-16 Business Tax Receipt required to rent residence. Inspector McCray presented the case. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-2077, Mr. LaRock moved that this Board find that EMJA Y Family Partnership L TD is in violation of the City of Boynton Beach Code section cited and moved to order that the Respondents correct the violation on or before September 18, 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 Respondents do not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past September 18, 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 #09-2104 Location: Violation(s): Richard M. Gordon 211 Meadows Circle CO CH13 SEC.13-16 Business Tax Receipt required to rent residence. Inspector McCray presented the case. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-2104, Vice Chair Yerzy moved that this Board find that Richard M. Gordon 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 September 18,2009. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondents and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past September 18, 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 #09-2107 Location: Anne Russo 206 Meadows Circle 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 19, 2009 Violation(s): CO CH13 SEC.13-16 Business Tax Receipt required to rent residence. Inspector McCray presented the case. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-2107, Mr. LaRock moved that this Board find that Anne Russo 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 September 18, 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 September 18,2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaTour seconded the motion that unanimously passed. Case #09-2108 Location: Violation(s): Anne Russo 205 Meadows Circle CO CH13 SEC.13-16 Business Tax Receipt required to rent residence. Inspector McCray presented the case. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-2108, Vice Chair Yerzy moved that this Board find that Anne Russo 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 September 18, 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 September 18, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaTour seconded the motion that unanimously passed. Case #09-1745 Boynton JCP Associates L TD Urban City 801 N. Congress Ave. 767 CO CH9 SEC. 9-22 (C)) Fire inspection annual fees. Location: Violation( s): Officer Roy presented the case as contained in the violation. The Respondent was a repeat violator. Staff recommended 10 days be given for compliance. 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 19, 2009 Motion Based on the testimony and evidence presented in Case #09-1745, Mr. LaTour moved that this Board find that Boynton JCP Associates, L TD 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 August 29, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violation by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues 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 and verification of payment of the fees to comply with this Order. There was discussion a fine of $100 would be more appropriate. Mr. LaTour amended his motion to reflect a fine in the amount of $100. Vice Chair Yerzy seconded the motion that unanimously passed. Motion Based on the testimony and evidence presented in Case #09-1745, Mr. LaTour moved that this Board find that Urban City 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 August 29, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violation by the Respondent, and hereby orders that if the Respondent dr;>es not comply with this Order, a fine in the amount of $100 per day for each day the violation continues 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 and verification of payment of the fees to comply with this Order. Vice Chair Yerzy seconded the motion that unanimously passed. Case #09-1750 Sunpoint Savings Bank FSB Washington Mutual 901 S. Federal Highway CO CH9 SEC. 9-22 (C)) Fire inspection annual fees. Location: Violation(s): Officer Roy presented the case as contained in the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-1750, Mr. LaTour moved that this Board find that Sunpoint Savings Bank FSB 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 August 29, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violation by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past August 29, 2009 plus administrative costs shall be imposeo. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 19, 2009 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 unanimously passed. Discussion followed whether to have a separate motion for Washington Mutual. Attorney Tolces noted the bank was now Chase Bank. Motion Based on the testimony and evidence presented in Case #09-1750, Mr. LaTour moved that this Board find that Washington Mutual 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 August 29, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violation by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues 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 and verification of payment of the fees to comply with this Order. Mr. LaRock seconded the motion that unanimously passed. Case #09-1753 Location: Violation(s): Exotic Motorcars & Jewelry Inc. 103 Commerce Road CO CH9 SEC. 9-22 (C)) Fire inspection annual fees. Officer Roy presented the case as contained in the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-1753, Mr. LaRock moved that this Board find that Exotic Motorcars & Jewelry 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 August 29, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violation by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues 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 and verification of payment of the fees to comply with this Order. Mr. LaTour seconded the motion that unanimously passed. Case #09-1757 Integrity Investment Group LL Inwood International 1550 SW 8th St. CO CH9 SEC. 9-22 (C)) Fire inspection annual fees. Location: Violation( s): Officer Roy presented the case as contained in the violation. Staff recommended 10 days be given for compliance. 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida August19,2009 Motion Based on the testimony and evidence presented in Case #09-1757, Vice Chair Yerzy moved that this Board find that Integrity Investment Group LL 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 August 29, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violation by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues 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 and verification of payment of the fees to comply with this Order. Mr. LaRock seconded the motion that unanimously passed. Motion Based on the testimony and evidence presented in Case #09-1757, Vice Chair Yerzy moved that this Board find that Inwood International 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 August 29, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violation by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues 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 and verification of payment of the fees to comply with this Order. Mr. LaRock seconded the motion that unanimously passed. Case #09-1774 Yachtsman Properties LLC Calebs Hair Design 1550 N. Federal Hwy 12 CO CH9 SEC. 9-22 (C)) Fire inspection annual fees. Location: Violation(s): Officer Roy presented the case as contained in the violation. Staff recommended 10 days be given for compliance. The Respondents were repeat violators. Motion Based on the testimony and evidence presented in Case #09-1774, Vice Chair Yerzy. moved that this Board find that Yachtsman Properties 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 August 29, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violation by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past 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 and verification of payment of the fees to comply with this Order. Mr. LaRock seconded the motion. 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 19, 2009 There was discussion a $200 fine would be appropriate. Vice Chair Yerzy amended his motion to reflect a $200 fine. Mr. LaRock agreed to the amendment and the motion that unanimously passed. Motion Based on the testimony and evidence presented in Case #09-1774, Vice Chair Yerzy moved that this Board find that Calebs Hair Design 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 August 29, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violation by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $200 per day for each day the violation continues 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 and verification of payment of the fees to comply with this Order. Mr. LaRock seconded the motion that unanimously passed. Case #09-1946 Crest Mgmt Co. Bayfront Townhomes 450 Bayfront Drive CO CH9 SEC. 9-22 (C)) Fire inspection annual fees. Location: Violation(s): Officer Roy presented the case as contained in the violation. Staff recommended 10 days be given for compliance. The Respondents were repeat violators. Motion Based on the testimony and evidence presented in Case #09-1946, Vice Chair Yerzy moved that this Board find that Crest Management 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 August 29, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violation by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past 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 and verification of payment of the fees to comply with this Order. Mr. LaRock seconded the motion. Motion Based on the testimony and evidence presented in Case #09-1946, Vice Chair Yerzy moved that this Board find that Bayfront Homes 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 August 29, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violation by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past August 29, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 19, 2009 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 unanimously passed. Case #09-2035 Location: Violation(s): Michael S. Steventon 3290 E. Palm Drive CO CH15 Sec. 15-120(D) Inc. CO CH13 13-16 Mow and maintain yard. Business Tax Receipt required to rent residence. Officer Cain advised this case complied. Motion Mr. Foot moved to dismiss Case #09-2035. Mr. LaRock seconded the motion that unanimously passed. Case #09-2040 Location: Violations: Thomas A. Agius 3350 Ocean Parkway CO CH15 Sec 15-120(D) Inc. Mow lawn. Obtain Business Tax Receipt to rent residence. Officer Cain presented the case as contained in the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-2040, Mr. LaRock moved that this Board find that Thomas A. Agius 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 August 29, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violation by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past 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 and verification of payment of the fees to comply with this Order. Mr. Karageorge seconded the motion for discussion. Vote There was discussion this was a repeat offender with multiple violations which should w<;lrrant a higher fine. Mr. LaRock amended his motion to $500. Mr. Karageorge seconded the motion. Attorney Tolces advised the Board the property was in foreclosure. A vote was taken and the motion unanimously passed. Case #09-2071 Location: Violations: Abraham Cowrie 3150 Orange St. CO CH15 Sec 15-120(D) Inc. 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 19, 2009 Mow yard. Officer Cain presented the case as contained in the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-2071, Mr. Karageorge moved that this Board find that Abraham Cowrie 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 August 29, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violation by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $500 per day for each day the violation continues 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 and verification of payment of the fees to comply with this Order. Ms. Carroll seconded the motion that unanimously passed. Case #09-2096 Location: Violations: Ichemique & Selita Rene 2451 NE 1st Lane. CO CH15 Sec 15-120(D) Inc. Repair fence on the north and front area or remove it. Officer Cain presented the case as contained in the violation. Staff recommended 10 days be given for compliance. No hurricane or safety hazards were posed. Motion Based on the testimony and evidence presented in Case #09-2096, Vice Chair Yerzy moved that this Board find that Ichemique & Selita Rene are in violation of City of Boynton Beach Code Section as cited, and move to order that the Respondents correct the violation on or before August 29, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violation by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past August 29, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection and verification of payment of the fees to comply with this Order. Mr. LaRock seconded the motion that unanimously passed Case #09-1865 Marie D. Jeanty & Jean Noe Jean Baptiste 1609 NE 1st St. FBC '01 ED BBA 104.1.1 Permit expired. Red tagged. New permit or extension is required. Location: Violations: Luney Guillaume, Code Officer, presented the case as contained in the violation. Staff recommended 10 days be given for compliance 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 19, 2009 Motion Based on the testimony and evidence presented in Case #09-1865, Mr. Foot moved that this Board find that Marie D. Jeanty & Jean Noe Jean Baptiste are in violation of City of Boynton Beach Code Section as cited, and move to order that the Respondents correct the violation on or before August 29, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violation by the Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past August 29, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection and verification of payment of the fees to comply with this Order. Vice Chair Yerzy seconded the motion that unanimously passed. Case #09-1871 Location: Violations: Salita Rene 1622 NE 2nd Court CO CH15 Sec. 15-120(D) 1 Inc. Remove unlicensed/inoperable vehicles from property or have them registered and be operable. Mow overgrown yard. Officer Guillaume presented the case as contained in the violation. Staff recommended 10 days be given for compliance Motion Based on the testimony and evidence presented in Case #09-1871, Mr. LaRock moved that this Board find that Salita Rene is in violation of City of Boynton Beach Code Section as cit~d, and move to order that the Respondent correct the violation on or before August 29, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violation by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues 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 and verification of payment of the fees to comply with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case #09-1243 Location: Violations: Arthur V. Otte 1076 SW 28th Avenue CO CH15 Sec. 15-120(D) 1 Inc. Secure Building Permit for new window installation. Officer Lewis presented the case as contained in the violation. Staff recommended 30 days be given for compliance. It was noted the violation was red tagged. Motion Based on the testimony and evidence presented in Case #09-1243, Mr. Foot moved that this Board find that Arthur V. Otte is in violation of City of Boynton Beach Code Section as cited, and 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 19, 2009 move to order that the Respondent correct the violation on or before September 18, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violation by the Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past September 18, 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 unanimously passed. Case #09-1245 Location: Violations: Abdul & Farhana Baten 2580 SW 14th CT 29G BBA FBC '07 ED 105.1 Secure permits for rear room addition as noted in red tag dated 3- 27-09. Officer Lewis presented the case and reported the Respondents were present earlier. The recommendation given to comply was 90 days. Motion Based on the testimony and evidence presented in Case #09-1245, Mr. LaTour moved that this Board find that Abdul & Farhana Baten 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 November 17,2009. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past November 17, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. Case #09-1964 Location: Violations: Springdale Road, LLC 3114 Chapel Hill Blvd. CO CH10 SEC. 10-2 CO CH15-120(D) INC. Mow and trim vacant property. Remove trash and debris. Officer Lewis presented the case. The recommendation given to comply was 15 days. Motion Based on the testimony and evidence presented in Case #09-1964, Mr. LaRock moved that this Board find that Springdale Road, 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 September 3, 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 September 3, 2009 plus administrative costs shall be imposed. The 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 19, 2009 Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Vice Chair Yerzy seconded the motion that unanimously passed. Case #09-1858 Location: Violations: Tammy M. Anderson 550 NW 11th Avenue CO CH15 Sec. 15-120 (D) INC. Mow grass and weeds Officer Melillo presented the case as contained in the staff report. The recommendation to comply was 10 days. Motion Based on the testimony and evidence presented in Case #09-1858, Mr. Karageorge moved that this Board find that Tammy Anderson 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 29, 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 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 #09-2065 Location: Violations: Kathleen H. Perry 602 NW 5th St. CO CH15 SEC. 15-120 (D) Inc. Remove all trash and outside storage. Officer Melillo presented the case as contained in the staff report. The recommendation to comply was 10 days. The violations were also a hurricane hazard. Motion Based on the testimony and evidence presented in Case #09-2065, Mr. LaTour moved that this Board find that Kathleen Perry 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 29, 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 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. Karageorge seconded the motion that unanimously passed. Case #09-1557 Location: Violations: Jeff & Francine Greenman 2639 SW 7th Street CO CH10 SEC 10-56(B) 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 19, 2009 Repair your driveway Officer Pierre presented the case and reviewed the details of the violation. The recommendation to comply was 30 days. Motion Based on the testimony and evidence presented in Case #09-1557, Mr. LaRock moved that this Board find that Jeff & Francine Greenman 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 September 18, 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 September 18, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Vice Chair Yerzy seconded the motion. There was discussion whether 30 days was enough time to repair the driveway. The repair was noted to be minor and the time allotted was appropriate. Vote A vote was taken and the motion unanimously passed. Case #09-1580 Location: Violations: Shannon Best 3107 SE 1st Street CO CH10 SEC 10-56(B) Repair your driveway. Officer Pierre presented the case and reviewed the details of the violation. The recommendation to comply was 30 days. Motion Based on the testimony and evidence presented in Case #09-1580, Mr. LaRock moved that this Board find that Shannon Best 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 September 18,2009. 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 September 18, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that unanimously passed. Case #09-1692 Location: Violations: Laurel E. Martin 709 SW 25th Ave. CO CH10 SEC 10-56(C) Maintain pool in a sanitary condition. 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 19, 2009 Officer Pierre presented the case and reviewed the details of the violation. The recommendation to comply was 10 days. Motion Based on the testimony and evidence presented in Case #09-1692, Vice Chair Yerzy moved that this Board find that Laurel E. Martin 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 29, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $250 per day for each day the violation continues past 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 #09-1874 Location: Violations: Shannon L. Whitehead 116 SE 30th Avenue. CO CH10 SEC 10-56(C) CO CH15 SEC 15-120(D) Inc.. Maintain pool in a sanitary condition. Mow and trim back yard. Secure property and fix pool gate. Officer Pierre presented the case and reviewed the details of the violation. The recommendation to comply was 10 days. Motion Based on the testimony and evidence presented in Case #09-1874, Mr. Karageorge moved that this Board find that Shannon L. Whitehead 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 29, 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 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 #09-1613 Location: Violations: Francisco & Alejandria Fraga 459 W. Ocean Avenue CHP. 13, ART. 1 SEC 13-16 Business Tax Receipt required. Officer Roy presented the case and reviewed the details of the violation. The recommendation to comply was 10 days. Motion 28 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 19, 2009 Based on the testimony and evidence presented in Case #09-1613, Mr. LaTour moved lhat this Board find that Francisoco & Alejandria Fraga 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 29, 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 29, 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. Mr. Foot left the meeting at 9:36 p.m. Case #09-1614 Hunter & Wayne Mello & Patricia Lewis 135 SW 10th Avenue BBA FBC '07 ED. 105.1 BBA FBC '05 105.4 Secure extension for expired permit or obtain new permit. Red tagged. Location: Violations: Officer Roy presented the case and reviewed the details of the violation. The recommendation to comply was 45 days. Motion Based on the testimony and evidence presented in Case #09-1614, Vice Chair Yerzy moved that this Board find that Hunter & Wayne Mello and Patricia Lewis are in violation of the City of Boynton Beach Code sections cited and moved to order that the Respondents cor~ect the violations on or before October 3, 2009. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past October 3, 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 #09-1926 Location: Violations: Albeiro & Leticia Marin 655 W. Ocean Avenue BBA FBC '07 ED. 105.1 BBA FBC '05 105.4 Secure extension for expired permit or obtain new permit. Red tagged. Officer Roy presented the case and reviewed the details of the violation. The recommendation to comply was 10 days. 29 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 19, 2009 Motion Based on the testimony and evidence presented in Case #09-1926, Mr. LaRock moved that this Board find that Albeiro & Leticia Marin 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 29, 2009. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past August 29, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaTour seconded the motion that unanimously passed. Case #09-1956 Location: Violations: Christopher McClure 411 SW 3rd Avenue CO CH15 SEC 15-120(D) Inc. Mow and trim overgrowth Officer Roy presented the case and reviewed the details of the violation. The recommendation to comply was 10 days. The Respondent was a repeat offender Motion Based on the testimony and evidence presented in Case #09-1956, Mr. LaTour moved that this Board find that Christopher McClure 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 29, 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 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 #09-1959 Location: Violations: Marcellus Jean Francois 238 SW 5th Avenue CO CH15 SEC 15-120(D) Inc. Mow and trim overgrowth. Remove trash and debris. Officer Roy presented the case and reviewed the details of the violation. The recommendation to comply was 10 days. The Respondent was a repeat offender Motion Based on the testimony and evidence presented in Case #1959, Vice Chair Yerzy moved that this Board find that Marcellus Jean Francois 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 29, 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 30 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 19, 2009 Respondent does not comply with this Order, a fine in the amount of $150 per day for each day the violation continues 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. LaTour seconded the motion that unanimously passed. Case #09-2061 Location: Violations: Job Sylvain SW 2nd Avenue CO CH15 SEC 15-120(D) Inc. Mow and trim property. Officer Roy presented the case and reviewed the details of the violation. The recommendation to comply was 10 days. The Respondent was a repeat offender Motion Based on the testimony and evidence presented in Case #09-206, Mr. LaRock moved that this Board find that Job Sylvain 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 29, 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 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. Vice Chair Yerzy seconded the motion that unanimously passed. Case #09-1913 Location: Violations: Audett Carby 125 NE 11th Avenue CO CH15 SEC 15-120(D) Inc. Mow and trim property. Officer Webb presented the case and reviewed the details of the violation. The recommendation to comply was 10 days. The Respondent was a repeat offender Motion Based on the testimony and evidence presented in Case #09-1913, Mr. LaRock moved that this Board find that Audett Carby 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 29, 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 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. Ms. Carroll seconded the motion that unanimously passed. Case #09-1917 Location: Marwan Ghali & Suhair Gali NE 10th Avenue 31 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 19,2009 Violations: CO CH15 SEC 15-120(D) Inc. Mow and trim property. Remove trash and debris. Officer Webb presented the case and reviewed the details of the violation. The recommendation to comply was 10 days. Motion Based on the testimony and evidence presented in Case #09-1917 Mr. LaTour moved that this Board find that Marwan Ghali & Suhair Gali 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 29, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past August 29, 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 #09-2124 Location: Violations: Robert T Post, Jr. & Darlene Post 710 NE 7th Street 405 CO CH15 SEC 15-120(D) Inc. Mow and trim property. Remove trash and debris. Officer Webb presented the case and reviewed the details of the violation. The recommendation to comply was 10 days. The Respondents were present earlier and requested the item be tabled. New evidence was presented which reflected she was not the owner of the dock. Motion Mr. Karageorge moved that Case #09-2124 be tabled until the Code Compliance Board meeting to be held on September 16, 2009. Vice Chair Yerzy seconded the motion that unanimously passed. Officer Pierre recommended a fine of $50 for the following cases: Case #09-1379 H.B. Sutton Inc/AAA Shutters 112 Commerce Road Motion Based on the testimony and evidence presented in Case #09-1379, Vice Chair Yerzy moved that this Board find that the Respondents have not complied with this Board's Order dated July 15, 2009, and having considered the gravity of the violations, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $50 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. Karageorge seconded the motion that unanimously passed. 32 Meeting Minutes Code Compliance Board Boynton Beach, Florida August19,2009 Case #09-1345 Esthere Toussaint 133 SE 13th Avenue Motion Based on the testimony and evidence presented in Case #09-1345, Vice Chair Yerzy 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 violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $50 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Karageorge seconded the motion that unanimously passed. Officer Pierre recommended a fine of $100 for the following cases: Case #09-1389 Tangiers Development LLC 132 NE 12th Avenue Motion Based on the testimony and evidence presented in Case #09-1389, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated July 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 $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case #09-933 Mussolini Guerrier 3110 SE 2nd Street Motion Based on the testimony and evidence presented in Case #09-933, Vice Chair Yerzy 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 violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed Case #09-1216 Andre & Marie Charles 184 SE 27th Way Motion Based on the testimony and evidence presented in Case #09-1216, Vice Chair Yerzy moved that this Board find that the Respondents have not complied with this Board's Order dated June 17, 2009, and having considered the gravity of the violations, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. 33 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 19,2009 Officer Pierre recommended a fine of $150 for the following cases: Case #09-838 Lue Gennie Rivers 515 NW 11th Avenue Motion Based on the testimony and evidence presented in Case #09-838, Vice Chair Yerzy 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 violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $150 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case #09-893 Prime Property of the Palm Beaches, Inc. 409 NE 10th Avenue Motion Based on the testimony and evidence presented in Case #09-893, 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 violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $150 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Officer Pierre recommended a fine in the amount of $200 for the following cases: Case #09-1482 Justin Reiland 514 NW 11th Avenue Motion Based on the testimony and evidence presented in Case #09-1482, Mr. LaTour moved that this Board find that the Respondent has not complied with this Board's Order dated July 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 $200 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Vice Chair Yerzy seconded the motion that unanimously passed. Case #09-935 Jean Pierre Messeroux 2970 SE 2nd Street Motion Based on the testimony and evidence presented in Case #09-935, Mr. LaTour 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 violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $200 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment 34 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 19, 2009 is entered based upon this certification of fine. Vice Chair Yerzy seconded the motion that unanimously passed. Case #09-1539 Mary Barrett-Green & Darryll Green 645 SW 2nd Avenue Motion Based on the testimony and evidence presented in Case #09-1539, Mr. LaTour moved that this Board find that the Respondents have not complied with this Board's Order dated July 15, 2009, and having considered the gravity of the violations, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $200 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. Case #09-1484 Ronald & Joyce Walker 206 NE 12th Avenue Motion Based on the testimony and evidence presented in Case #09-1484, Mr. LaTour moved t)1at this Board find that the Respondents have not complied with this Board's Order dated July 15, 2009, and having considered the gravity of the violations, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $200 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 Pierre recommended a fine in the amount of $500: Case #09-1304 HSBC Bank USA National Assn. TR. 225 NW 3rd Avenue Motion Based on the testimony and evidence presented in Case #09-1304, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated July 15, 2009, and having considered the gravity of the violations, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $500 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. Officer Pierre recommended "No Fine" for the following cases: Case #09-810 US Bank National Association Trustee 211 SE 4th Avenue Motion Based on testimony and evidence presented in Case #09-810, Vice Chair Yerzy moved that this Board find that the Respondent, US Bank National Association Trustee was in violation of the City of Boynton Beach Code sections as cited subsequent to the date of compliance specified in 35 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 19, 2009 the Board's Order of May 20, 2009, and in consideration of the gravity cif the violations and the actions taken by the Respondent to remedy the violations and the previous violation of the Respondents, that this Board impose and certify "No Fine." Mr. LaRock seconded the motion that unanimously passed. Case #09-801 Motion Jerome & April Kern 2317 N. Congress Ave. #17 Based on testimony and evidence presented in Case #09-801, Vice Chair Yerzy moved that this Board find that the Respondents, Jerome & April Kern were in violation of the City of Boynton Beach Code sections as cited subsequent to the date of compliance specified in the Board's Order of May 20, 2009, and in consideration of the gravity of the violations and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents, that this Board impose and certify "No Fine." Mr. LaRock seconded the motion that unanimously passed. Case #09-1110 Delphine Hamon 2130 N. Seacrest Blvd. The motion for no fine was for the fence, which complied. Motion Based on testimony and evidence presented in Case #09-1110, Vice Chair Yerzy moved that this Board find that the Respondent, US Bank National Association Trustee was in viol3tion 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 violations and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondents that this Board impose and certify "No Fine." Mr. LaRock seconded the motion that unanimously passed. Case #09-787 David L. Levin & Tracy Briscuso 411 SW 9th Avenue Motion Based on testimony and evidence presented in Case #09-787, Vice Chair Yerzy moved that this Board find that the Respondents, David L. Levin & Tracy Briscuso 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 July 15, 2009, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent, that this Board impose and certify "No Fine." Mr. LaRock seconded the motion that unanimously passed. Case #09-1131 RAJ Properties 302 W. Boynton Beach Blvd. Motion Based on testimony and evidence presented in Case #09-1131, Vice Chair Yerzy mOved that this Board find that the Respondent, RAJ Properties 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 36 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 19,2009 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 #09-1690 Claude A. Brigante 220 SW.3rd St. Motion Based on testimony and evidence presented in Case #09-1690, Vice Chair Yerzy moved that this Board find that the Respondent, Claude A. Brigante was in violation of the City of Boynton Beach Code sections as cited subsequent to the date of compliance specified in the Board's Order of July 15, 2009 and in consideration of the gravity of the violations and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent, that this Board impose and certify "No Fine." Mr. LaRock seconded the motion that unanimously Case #09-1444 Deutsche Bank National Trust Co. 203 NE 11th Avenue Motion Based on testimony and evidence presented in Case #09-1444, Vice Chair Yerzy moved that this Board find that the Respondent, Deutsche Bank National Trust Co. was in violation of the City of Boynton Beach Code sections as cited subsequent to the date of compliance specified in the Board's Order of June 17 2009 and in consideration of the gravity of the violations and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent, that this Board impose and certify "No Fine." Mr. LaRock seconded the motion that unanimously passed. Officer Pierre recommended tabling the following cases to September 16, 2009: Case #09-1458 Boynton Commerce Center LLC Printing and Mailing Services 2015 Corporate Dr. Motion Vice Chair Yerzy moved that Case #09-1458 be tabled until the Code Compliance Board meeting to be held on September 16, 2009. Mr. LaRock seconded the motion that unanimously passed. Case #09-1218 Mark Musa 2770 NE 4th Ct. Motion Vice Chair Yerzy moved that Case #09-1218 be tabled until the Code Compliance Board meeting to be held on September 16, 2009. Mr. LaRock seconded the motion that unanimously passed. 37 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 19, 2009 Case #09-572 Thomas E. Fillyaw Trustee 809 SE 4th St. Motion Vice Chair Yerzy moved that Case #09-572 be tabled until the Code Compliance Board meeting to be held on September 16, 2009. Mr. LaRock seconded the motion that unanimously passed. Case #09-1485 Waltoguy Anfriany 210 NE 12th Ave. Motion Vice Chair Yerzy moved that Case #09-1485 be tabled until the Code Compliance Board meeting to be held on September 16, 2009. Mr. LaRock seconded the motion that unanimously passed. Case #09-1110 Delphine Hamon 2130 N. Seacrest Blvd. (Note: This was the second Board Order for this case, which was split earlier in the meeting.) Motion Vice Chair Yerzy moved that Case #09-1110 be tabled until the Code Compliance Board meeting to be held on September 16, 2009. Mr. LaRock seconded the motion that unanimously passed. Officer Pierre recommended Case #09-657 be tabled to the meeting on November 18, 2009. Case #09-657 John F. Fitzpatrick 103 SE 5th Ave. Motion Vice Chair Yerzy moved that Case #09-657 be tabled until the Code Compliance Board meeting to be held on November 18,2009. Mr. LaRock seconded the motion that unanimously passed. Case #09-1509 Judith A. Morrow 657 SW 4th Ave. Motion Mr. LaRock moved that Case #09-1509 be tabled until the Code Compliance Board meeting to be held on September 16, 2009. Mr. Karageorge seconded the motion that unan~mously passed. The following cases were requested to receive Board authorization to initiate foreclosure proceedings: Case #07- 429 Ralph & Rosie Inc. 2007 S. Federal Hgwy. Attorney Tolces explained three motions to proceed with foreclosure proceedings, with respect to the liens imposed, pursuant to the three cases, were needed 38 Meeting Minutes Code Compliance Board Boynton Beach, Florida August 19, 2009 Motion Mr. Karageorge moved to proceed with foreclosure in case #07-429. Mr. LaRock secon.jed the motion that unanimously passed. Motion Mr. Karageorge moved to proceed with foreclosure in case #07-1992. Ms. Carroll seconded the motion. It was clarified this pertained to the Cease and Desist order filed on December 30, 2007. A vote was taken and unanimously passed. Motion Mr. Karageorge moved to proceed with the foreclosure associated with the Cease and Desist Order of February 4, 2008. Mr. LaTour seconded the motion. Adiournment There being no further business to discuss, the meeting adjourned at 9:50 p.m. &-uu "-.UU GkUJJ' ~id:Ut;VY Qf Catherine Cherry-GuberrnanG 1 ~{ Recording Secretary 39