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Minutes 09-16-09 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, SEPTEMBER 16, 2009, AT 6:30 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Richard Yerzy, Vice Chair Scott Blasie, Code Compliance Administrator nd Jamie LaTour, 2 Vice Chair David Tolces, Assistant City Attorney Kathleen Carroll Robert Foot Mark Karageorge Kirk LaRock James Brake, Alternate ABSENT: Michelle Costantino, Chair I. Call to Order Acting Chair Yerzy called the meeting to order at 6:30 p.m. II. Swearing in of Witnesses and Introduction Attorney Tolces set forth an explanation of the hearing procedure and administered the oath to all who would be testifying. III. Agenda Approval Pete Roy, Chief Code and Rehabilitation Officer, reported the following: The following cases were removed: #09-2197, #09-2258, #09-2309 and #09-2340. The following cases came into compliance: #09-2154, #09-2266, #09-2394 and #09- 2445. Motion Mr. Karageorge move to approve the agenda as amended. Mr. Foot seconded the motion that passed unanimously. Officer Roy advises the following cases also came into compliance: #09-2233, #09- 2263 and #09-2573. 1 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 Revised Motion Mr. Karageorge moved to approve. Mr. Foot seconded the motion that passed unanimously. Officer Roy called the roll and determined the Respondents who were present. Acting Chair Yerzy inquired whether there was any objection by the Board to hearing Case #09-2445 first, as the Respondent, Eric Allen Sr., had a young child with him. Motion Mr. Karageorge so moved. Ms. Carroll seconded the motion that passed unanimously. It was noted the Respondent had complied as of this date. Case #09-2173 Eric L. Brodsky and Gustavo Bergamini Location: 518 Meadows Circle Violation: CO CH13 SEC. 13-16 Obtain current Business Tax Receipt to rent residence. Peter McCray, Code and Licensing Inspector, presented the case and reviewed the details of the violation. The initial inspection was made on July 7, 2009. The Respondents were given 30 days to comply. Service was effectuated by written notice and posting notices at the property and City Hall. th Gustavo Bergamini, 9737 NW 4 Street, Coral Springs, pled no contest. The tenant residing at the premises had only advised Mr. Bergamini this past week that the notice had been posted on the door. Mr. Bergamini agreed to do whatever was necessary to rectify the situation. Motion Based on the testimony and evidence presented in Case #09-2173, Mr. Karageorge moved that this Board find that Eric L. Brodsky and Gustavo Bergamini 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 26, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $150 per day for each day the 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 violation continues past September 26, 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. Mr. Foot and Ms. Carroll felt 10 days was too short a time period for the necessary inspections to be scheduled. Mr. Karageorge agreed to amend his motion to require the Respondents correct the violation in 30 rather than 10 days. Amended Motion Based on the testimony and evidence presented in Case #09-2173, Mr. Karageorge moved that this Board find that Eric L. Brodsky and Gustavo Bergamini are in violation of the City of Boynton Beach Code section cited and moved to order that the Respondents correct the violation on or before October 16, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $150 per day for each day the violation continues past October 16, 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 amended motion that unanimously passed. Case #09-2175 Vincent Saffiotti Location: 509 Meadows Circle Violation: CO CH13 SEC. 13-16 Obtain Business Tax Receipt Officer McCray presented the case and reviewed the details of the violation. The initial inspection was made on July 7, 2009 and service was effectuated by certified mail. Staff recommended 30 days be given to comply. The Respondent was not present. Motion Based on the testimony and evidence presented in Case #09-2175, Mr. Karageorge 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 October 16, 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 October 16, 2009 plus 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion. It was noted the Respondent was a repeat violator. The motion passed 6-1 (Ms. Carroll dissenting). Case #09-1063 Meadows on the Green Condo Assn. Location: 100 Meadows Circle Violations: BA FBC '04 105.1.1 BBA FBC '04 105.4 Secure new building permits for all expired 2005 permits and for all buildings involved at Meadows on the Green. All Building Department requirements must be met. Skip Lewis, Senior Code Officer, presented the case and reviewed the details of the violations. The initial inspection occurred on April 15, 2009. Marilyn Alford, 100 Meadows Circle, pled no contest and noted she was the property manager. She requested 60 days be given to secure the permits. Motion Based on the testimony and evidence presented in Case #09-1063, Mr. Foot moved that this Board find that Meadows on the Green Condo Assn. 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 November 15, 2009. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past November 15, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. Case #09-1629 Enante Delhomme th Location: 2553 SW 10 St. Violation: BBA FBC '04 105.1.1 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 Comply with red tag dated May 13, 2009 issued by the Building Department concerning permit #06-4459. Officer Lewis presented the case and reviewed the details of the violation. The property had not passed the last inspection and the Respondent had not scheduled another inspection. th Andre Jean Charles 2553 SW 10 Street, brother of the Respondent, pled no contest. Mr. Charles contended he was authorized to speak on the Respondent's behalf, although he had no written documentation to that effect. Officer Lewis noted Mr. Charles had advised Code Officer Guillaume that he was the Respondent's brother. Officer Lewis noted the 2006 permit was for a wood fence. Mr. Charles requested 60 days to comply. Officer Lewis had no objection, adding the violation did not constitute a safety issue. Motion Based on the testimony and evidence presented in Case #09-1629, Mr. LaRock moved that this Board find that Enante Delhomme 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 November 15, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past November 15, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. LaTour seconded the motion that unanimously passed. Scott Blasie, Code Compliance Administrator, explained it was necessary for an applicant to be in full compliance with the City's Code and to be free of any outstanding debts to the City in order to apply for a lien reduction. The applicants in attendance met the standard. Mr. Blasie also provided an overview of the lien reduction procedure. If necessary, a letter would be sent to a lender, real estate agent or title company with regard to the actions taken by the Board. The applicant in Case #s 01-840, 01-2329 and 07-711 on pages 82, 83 and 84, respectively, involved the same applicant, and the applicant requested the cases be 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 addressed at the conclusion of the lien reductions. There was no objection by the Board. nd Case #08-2657 Viergela Fervil and Victor Joseph 628 SW 2 Ave. Mr. Blasie advised the Respondents had originally been cited on September 15, 2008 as they had not obtained a Business Tax receipt to rent the property. The case had been presented to the Board on October 15, 2008, and no one had appeared. A compliance date and fine had been established of October 30, 2008, or $50 per day. Staff had documented compliance on August 6, 2009, with 279 days of non-compliance plus administrative costs. Both the Property Appraiser and Tax Collector's Offices reflected nd the mailing address of the two property owners as 628 SW 2 Avenue, the address at which the notices were sent. Mr. Blasie did not have any photographs available. However, photographs would be provided for the second case to be heard involving the Respondents. Acting Chair Yerzy suggested the cases be heard separately in the interest of clarity. There was no objection by the Board. nd Victor Joseph, 628 SW. 2 Avenue, noted he was present. Acting Chair Yerzy advised Mr. Joseph that a lien against the property currently existed in the approximate amount of $14,000. Mr. Joseph contended he had not received any notice of the lien, but recently learned a problem existed regarding the property, as the tenant had been parking his vehicle on the grass. As the notices sent to the Respondents had been returned to the City, Mr. Blasie advised the property had been posted on two occasions. He inquired why the Respondent listed the property as his mailing address when he resided elsewhere. Mr. nd Joseph indicated he had previously resided at 628 SW 2 Avenue before renting it to his tenant. He was not aware he was required to notify of the City of his current mailing address as he had not previously rented his property. The tenant currently resided at the premises. Mr. Joseph contended the violation had been cured and the property had passed inspection. Mr. Blasie noted it would be necessary for Mr. Joseph to establish his mailing address as his current residence. The tax notices were still being mailed to 628 nd SW 2 Avenue. Mr. Joseph noted his mail was being forwarded to his current address. Discussion by the Board included the following suggestions: ?Imposing a fine of $1,000 to include administrative costs of $634.12. 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 ?While the fine should be reduced, it should be noted the property had not come into compliance for nearly a year and during that time, Mr. Joseph benefited financially by receiving rent from the tenant. Motion Based on testimony and evidence presented in Case #08-2657, and having been advised that the Respondents have complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board reduce the fines instituted in Case #08-2657, by virtue of this Board's Order of October 15, 2008, to an amount of $1,000, including administrative costs. Mr. Karageorge seconded the motion that unanimously passed. nd Case #09-318 Viergela Fervil and Victor Joseph 628 SW 2 Ave. Mr. Blasie noted the Respondents had originally been cited on February 3, 2009 for violations to the City's Community Appearance Code. In order to comply, the Respondents were required to remove the outside storage and re-sod and maintain the lawn. The case had been presented to the Board on March 18, 2009, and no one had appeared. A compliance date and fine had been established of April 2, 2009, or $50 per day. Staff had documented compliance on August 6, 2009, with 125 days of non- compliance plus administrative costs. Mr. Blasie provided two photographs taken March 18, 2009, and two photographs taken September 16, 2009. Victor Joseph, noted his current mailing address, 5209 Rising Comet Lane, Greenacres. Mr. Blasie noted the Code required a $200 application fee for the first lien and $50 for each additional lien. Mr. Joseph advised the violations had been caused by the tenant, who had neglected the property. Mr. Joseph contended the vehicle was no longer on the lawn and was parked in the driveway. The appearance of the property had improved, as evidenced by the photographs. Mr. Foot suggested a total fine of $1,000 be imposed. He believed the violations constituted a more serious problem to the community than the first case. Motion Based on testimony and evidence presented in Case #09-318, and having been advised that the Respondents have complied with all lien reduction procedures set forth in 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 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 #09-318, by virtue of this Board's Order of March 18, 2009, to an amount of $1,000, including administrative costs. Mr. Brake seconded the motion that unanimously passed. Case #08-2374 Stephen and Keri Salas 7 Crane Way The property was in pre-foreclosure and a Lis Pendens had been recorded on July 10, 2008. The Respondents had originally been cited on August 13, 2008. In order to come into compliance, the Respondents were required to mow, weed and trim the property. The case had been presented to the Board on October 15, 2008, and no one had appeared. A date and fine had been established of October 25, 2008, or $50 per day. Staff had documented compliance on August 26, 2009, with 304 days of non- compliance, plus administrative costs. Vice Mayor Hay had been in attendance earlier in support of the Respondents. The title company had been working on this matter for several months and became aware of the City's lien. Mr. Blasie had been advised that the Respondents had until Friday to qualify for the $8,000 stimulus money available to first-time homebuyers. Staff would provide a letter to the title company regarding the action taken at this meeting. Several representatives were present on behalf of the Respondents. Barbara Lewis, 9096 Peacock Court, listing agent; Ronni Gerstel, 139 Las Brisas Circle, Hypoluxo, buyer's representative; and Cara Delor, 3799 Island Club Circle, Lantana, potential buyer, noted their presence. Ms. Delor had been waiting a number of months to close. A lien search was performed revealing monies had been owing to the City. Costs incurred by the listing agent to bring the property into compliance included $450 for the landscaper, $800 for water, $200 for the compliance certificate and $200 to the Meadow Lakes Homeowners' Association. The Association had been cutting the lawns of abandoned and short-sell properties for the last six months. Motion Based on the testimony and evidence presented in Case #08-2374, and having been advised that the Respondents have complied with all lien reduction procedures set forth in section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Karageorge move that this Board rescind the fine instituted in Case #08-2374, by virtue of this Board’s Order of October 15, 2008, and that the lien imposed by that Order be released. Ms. Carroll seconded the motion. Highlights of the Board's comments were as follows: 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 ?As the adjacent property owners and taxpayers of the City had been impacted by the violations, a nominal total fine of $500 was suggested. ?The buyer should not be charged $500, as the Meadow Lakes Homeowners' Association should have taken the appropriate measures. ?The Board should not punish a potential first-time homebuyer for something over which she had no control. ?In the current economic climate, it was nice to see homes being sold. The motion passed 6-1 (Mr. Foot dissenting). nd Case #08-3062 Watts Family Recovery Trust 807 NE 2 Street Mr. Blasie noted the case had been initiated on October 8, 2008 for violations to the City's Community Appearance Code. Service had been effectuated by posting the notices on the property. In order for the property to come into compliance, removal of trash and debris was necessary, as was mowing and trimming the lawn. The case had been presented to the Board on November 19, 2008, and no one had appeared. A compliance date and fine had been established of November 29, 2008, or $100 per day. Staff had documented compliance on March 3, 2009, with 93 days of non-compliance. Expenses borne by the applicant to satisfy the outstanding debts due the City included water bills of nearly $1,000. Mr. Blasie provided three photographs, one taken this date and two undated photographs reflecting the overgrown lawn. The house had been vacant for some time. Emily Griffin, 958 Lake Wyman Road, Boca Raton, noted her presence. She was the real estate agent for Chase Home Finance, the financial entity that had foreclosed on the property. A Certificate of Title was pending and should be completed within the next few weeks. Ms. Griffin had received the foreclosure property in August 2009 and arranged for the lawn to be mowed and the trash and debris cleared. A closing was anticipated next week, and a reduction of the fines was requested. A question arose as to the March 3, 2009 compliance date. Mr. Blasie explained, in addition to the outstanding costs set forth earlier, a portion of the unpaid bills due the City was for lot mowing totaling approximately $1,000. Ms. Griffin noted monies to satisfy the liens would be paid by Chase rather than the buyer. Mr. Foot believed the maintenance of the property was the responsibility of the owner, and he suggested a fine of approximately $1,000. There was no objection by the Board. 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 Motion Based on testimony and evidence presented in Case #08-3062, 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 #08-3062, by virtue of this Board's Order of November 19, 2008, to an amount of $1,000, including administrative costs. Mr. LaTour seconded the motion that unanimously passed. Mr. Blasie announced the following three cases all pertained to the Homing Inn at 2821 S. Federal Highway. Case #01-840 MataChorwadi Inc.- 2821 S. Federal Highway Kirit & Dipka Shah Mr. Blasie noted the Respondents had not originally been in compliance with the approved site plan. Landscaping and parking lot issues existed as well. The initial violations occurred on April 10, 2001. The case had been presented to the Board on June 19, 2002, and no one had appeared. A compliance date and fine had been established of August 18, 2002, or $25 per day. While the meeting materials indicated a compliance date of August 18, 2008, the actual date of compliance was September 15, 2008, with 2,219 days of non-compliance and a fine amount of $55,475 plus administrative costs. Manshi Shah, 2821 S. Federal Highway, an attorney, was assisting her father, one of the owners of the property. She explained it had taken time and money to bring the property into compliance, and the owners had worked diligently to maintain the exterior and interior of the hotel. The Respondents had owned the Homing Inn since July 1998. It was questioned why no one had appeared at the June 19, 2002 hearing. Ms. Shah explained many of the notices had not required an appearance by the parties and as such, she did not believe it had been necessary to attend. Mr. Blasie noted service had been effectuated by hand-delivery for both the regular and fine certification hearings, and written documentation to that effect was contained in the file. Ms. Shah provided an informational packet to the Board reflecting an occupancy report for 2007 through 2009, an email from Tim Williams of Wachovia Bank pertaining to loan refinancing and a list of expenditures totaling nearly $127,000 incurred to bring the property into compliance. It was noted it could not be discerned from the material provided by Ms. Shah whether the owners had sufficient cash flow to cover the expenses. Mr. Blasie had previously suggested Ms. Shah provide evidence to support the lien reduction request and reflect 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 expenses incurred, but without inundating the Board. It was pointed out expenses incurred to bring the property into compliance were not above and beyond normal requirements. Additionally, the case dealt with an issue that had not been in compliance from 2001 through 2007 and finally came onto compliance in 2008. Occupancy data from 2001 through 2006 had not been provided to the Board and, therefore, a true account of the issue had not been identified. It was noted the sum of $40,000 expended for a Digitron security system should not have been included on the list, as the system was purchased at the behest of the Police Department and was not a Code Compliance issue. Motion Based on testimony and evidence presented in Case #08-140, and having been advised that the Respondents have complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board reduce the fines instituted in Case #08-140, by virtue of this Board's Order of June 19, 2002, to an amount of $7,500, including administrative costs. Mr. LaRock seconded the motion. Mr. Foot arrived at the sum in deference to the community which had suffered as a result of the lack of maintenance of the property. Messrs. Karageorge and LaTour favored a higher fine of $10,000. On roll call vote, the motion passed 4-3 (Ms. Carroll, and Messrs. Karageorge and LaTour dissenting). Case #01-2329 Mata Chorwadi Inc. 2821 S. Federal Hwy. Mr. Blasie reported the Respondent had been cited on August 30, 2001 for violations to the Standard Building Code in existence at the time. A red tag had been issued for an improperly piped gas unit. The case was presented to the Board on November 21, 2001, and no one had appeared. A date and fine had been established of December 5, 2001, or $25 per day. Staff had documented compliance on April 24, 2008, with 2,331 days of non-compliance plus administrative costs. It was questioned whether the gas line had been properly installed. Mr. Blasie explained the gas line had been installed by AmeriGas, and AmeriGas contended no safety issue had existed. AmeriGas had been providing propane for seven years. Manshi Shah, 2128 South Federal Highway, appeared on behalf of the Homing Inn. She advised if there had been an issue with the tank, AmeriGas would not have 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 delivered the propane to the premises. Ms. Shah learned of the lien from a title search performed and contacted Bill Thomas, Supervisor for AmeriGas. Mr. Thomas contacted the Building Department, and the matter was resolved within 25 days. While the tank had always been above ground, the permit had been issued for an underground tank. As a result of a misunderstanding of the drawings, the tank had been perceived by the City to be "upside down." AmeriGas had never been notified that the original permit had been pulled and rescinded, or they would have reapplied for the permit indicating the tank was above ground. No changes had been made to the tank to bring it into compliance. Mr. Blasie verified this fact, adding an inspection had been made as a prelude to the lien reduction, and the tank had been approved by the Building Department. Board comments included the following: ?While the City may have been at fault in its misunderstanding of the drawings, the property owners bore responsibility as well. ?AmeriGas would only be interested in servicing the account and would not go to battle for an issue that was the responsibility of the owners. ?The issue had escalated and the fines continued to increase as no one had appeared at the hearings. ?AmeriGas would not make a delivery if a hazardous situation existed. ?The City was responsible to the community for maintaining safety conditions, and while AmeriGas had its own standards, it could not take the City's position as to whether an issue met the City's Code requirements. Motion Based on testimony and evidence presented in Case #01-2329, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Ms. Carroll moved that this Board reduce the fines instituted in Case #01-2329, by virtue of this Board's Order of February 15, 2001 (sic), to an amount of $730.15, including administrative costs. Mr. LaTour seconded the motion. Mr. Foot believed it was incumbent upon the Board to recognize a potential safety issue, and felt a private business should not take the place of the City's inspectors. 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 On roll call vote, the motion passed 4-3 (Messrs. Karageorge, Foot and Brake dissenting). Case #07-711 Chorwadi Mata Inc. 2821 S. Federal Hwy. Sipika & Kirit Shah The violations occurred as Respondents had not been in compliance with the approved site plan. The trash and debris had been addressed prior to the Board's certification of the fine, and the gates on site had been approved by other agencies and became a non-issue. Compliance had been documented on September 15, 2008. Manshi Shah, 2821 S. Federal Highway, noted her presence. Motion Based on testimony and evidence presented in Case #07-711, and having been advised that the Respondents have complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board rescind the fine instituted in Case #07-711, by virtue of this Board's Order of October 7, 2007, and the lien imposed by that Order be released. Mr. Karageorge seconded the motion that unanimously passed. nd Case #09-939 Jean P. Messeroux 2950 SE 2 St. Vestiguerne Pierre, Senior Code Officer, presented the case and reviewed the details of the violation. In order to come into compliance, the Respondent was required to repair and re-stripe the parking lot, sod the swale area and remove the trash and debris. The case had been presented to the Board on July 15, 2009, and no one had appeared. A compliance date and fine had been established of August 14, 2009, or $50 per day. The violation still existed, with 32 days of non-compliance. Officer Pierre provided pictures of the duplex for the Board's review. nd Jean Messeroux, 2950 SE 2 Street, noted he had difficulties with a previous tenant. However, a new tenant currently resided at the premises. Mr. Messeroux noted his mailing address was 8318 Rosary Lane in Wellington. He possessed a current Business Tax License. Joanne Galipault noted she represented the lender, GMAC Mortgage, as the property had been in foreclosure. It was anticipated a summary judgment hearing would be set within the next 60 days. At that time a request would be made to put the property up for judicial auction with the hope that it would be sold within three months. Mr. 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 Messeroux was currently the owner of the property, and was working with the bank regarding the sale. It was questioned why Mr. Messeroux had not taken measures to repair the parking lot located outside the building. Mr. Messeroux requested an extension of time. It was noted while the Board could table the case, the fine would continue to run. The Board discussed certifying the lien. Ms. Galipault cautioned that potential buyers would be discouraged from purchasing the property with a lien attached, and the property could remain vacant for some time. As the property had not come into compliance, the Board agreed the lien should be certified. Motion Based on the testimony and evidence presented in Case #09-939, 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 $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. Case #09-2407 Charmaley Young and Mohan Rozennald Location: 820 Meadows Circle Violation: CO CH13 SEC. 13-16 Obtain Business Tax Receipt to rent residence. Offier McCray presented the case and reviewed the details of the violation. Written notice had been sent and was also posted on the property. Staff recommended 30 days be given for compliance. Charmaley Young, 5572 Monte Carlo Lane, Margate, owner of the property, pled no contest. She requested 60 days be given to obtain the Business Tax Receipt but would accept 30 days. She explained the tenant had not been cooperative in allowing access to the property, and the premises could not be inspected. Ms. Young had recently commenced an eviction process with the service of a three-day notice. It was explained to Ms. Young that if the premises were unoccupied, the property would come into compliance. Ms. Young was not certain whether she would rent out the property following the eviction of the current tenant. 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 Motion Based on the testimony and evidence presented in Case #09-2407, Mr. Karageorge moved that this Board find that Charmaley Young and Mohan Rozennald are in violation of the City of Boynton Beach Code section cited and moved to order that the Respondents correct the violation on or before October 16, 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 October 16, 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. Mr. Foot believed the violation fine was excessive and would agree to $100. Mr. Karageorge agreed to amend his motion to reflect a $100 fine. Amended Motion Based on the testimony and evidence presented in Case #09-2407, Mr. Karageorge moved that this Board find that Charmaley Young and Mohan Rozennald are in violation of the City of Boynton Beach Code section cited and moved to order that the Respondents correct the violation on or before October 16, 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 October 16, 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 amended motion that passed 6-1 (Ms. Carroll dissenting). Case #09-2124 Robert T., Jr. and Darlene M. Post th Location: 710 N 7 Street #405 Violations: CO CH10 SEC. 10-56(A) CO CH10 SEC. 10-56(D) Maintain the exterior of the structure so that it is in good condition, structurally sound and sanitary so as not to pose a threat to the health, safety or welfare of the public, and shall be free from 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 deterioration. Repair or remove dilapidated dock. Willie Webb, Senior Code Officer, presented the case and reviewed the details of the violations occurring at the vacant boat lot. The initial inspection was completed on June 30, 2009. Written notice was sent by certified mail, but returned. Thereafter, service was effectuated by posting a notice at the premises. Darlene Post, 2581 Hypoluxo Road, Lantana, owner of the property, pled not guilty. Her husband, Robert Post, was deceased. Officer Webb explained the property had originally been cited by Officer Melillo for the dilapidated dock. The case was then closed as Ms. Post had provided documentation evidencing the fact that she did not own the dock. Thereafter, another complaint had been received, and the property was re-cited. Staff had received a listing from a realtor reflecting Ms. Post's ownership of the dock. The file contained a note dated September 4, 2009 reflecting Ms. Post's ownership of the water rights and that she was responsible for the dock. Ms. Post was willing to have the dock demolished a few years ago, but did have not the funds to do so. Officer Webb provided photographs and the realtor's listing for the Board's review. Ms. Post asserted she owned neither the dock nor a boat slip. Rather the dock was owned by Harbor Hall II, and the residents of the complex had ingress and egress rights to utilize the dock in question. Ms. Post advised the unit she owned provided water rights. At the Board's request, she provided the title information and survey. The survey contained a description of the water rights under the dock. She could not produce any documentation verifying the fact that she did not own the dock. She possessed a deed to the condominium, but not to the dock. Mr. Blasie advised Harbour I and II Condominium Associations had also been cited, and staff had discussed the issue with all of the association officers. A review of the condominium documents revealed easement rights, but no maintenance responsibilities. Staff was proceeding with the case as the dock was extremely unsafe. Mr. Blasie reiterated the survey provided by Ms. Post indicated she had the water rights to the property. Considerable research had been performed and in staff's opinion, it appeared Ms. Post indeed owned the dock. Mr. Blasie had considered having Ms. Post's listing agent subpoenaed to provide additional testimony. Attorney Tolces advised the Board a determination would have to be made based upon the evidence presented. If the Board felt it had not been presented with sufficient information, additional information and/or testimony could be requested. 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 Board comments were as follows: ?The Board could take an aggressive position, noting the City had cited the apparent owner of the property, and it would be the Respondent's responsibility to bring the property into compliance or otherwise prove she was not the owner. ?As a great deal of gray area surrounded the case, it was inquired whether there were some means by which it could be determined more decisively whether Ms. Post was the owner of the property. ?A legal description for the deed on file with the County should be obtained and compared to the description in the documents provided. Attorney Tolces noted the most effective method of determining ownership would be to have a survey prepared of the area in question and have a title company provide an owner and encumbrance report. If the owner could be identified, the case could be brought back and the Board could determine whether a violation existed. Mr. Blasie noted staff would prefer the matter be tabled for 30 days. He would attempt to have the listing agent at the meeting. Motion Ms. Carroll moved that Case #09-2124 be tabled until the Code Compliance Board meeting to be held on October 21, 2009. Mr. LaRock seconded the motion that passed 6-1 (Mr. Foot dissenting). (The Board recessed at 9:05 p.m. and reconvened at 9:14 p.m.) Case #09-2670 Lisa M. Fritz Location: 29 Crossings Circle E Violations: CO CH4 SEC. 4-36 CO CH4 SEC. 4-37 CO CH4 SEC. 4-4 Respondent is in violation of treatment of animals. Unsanitary conditions exist with foul orders, feces, and urine in the courtyard area. Dogs must be vaccinated and registered with the County. 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 Mr. Blasie presented the case and reviewed the details of the violations. The City recommended a Cease and Desist Order be imposed, commencing on September 29, 2009. Motion Based on the testimony and evidence presented in Case #09-2670, Ms. Carroll moved that a Cease and Desist Order be issued giving Lisa M. Fritz until September 29, 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 Respondent, and hereby orders that a fine in the amount of $250 per reocurrence of the violation thereafter shall be imposed upon the Respondent. Mr. LaRock seconded the motion that passed unanimously. Case #09-2168 Nelson M. Pinzon Location: 503 Meadows Circle Violation: CO CH13 SEC. 13-16 Obtain Business Tax Receipt to rent residence. Officer McCray presented the case and reviewed the details of the violation. Staff recommended 30 days be given to comply. Motion Based on the testimony and evidence presented in Case #09-2168, Mr. LaTour moved that this Board find that Nelson M. Pinzon 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 October 16, 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 October 26, 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 #09-2174 Nadeem Awad & Michael Manier Location: 513 Meadows Circle Violation: CO CH13 SEC. 13-16 Obtain Business Tax Receipt to rent residence. 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 Officer McCray presented the case and reviewed the details of the violation. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-2174, Mr. LaRock moved that this Board find that Nadeem Awad & Michael Manier are in violation of the City of Boynton Beach Code section cited and moved to order that the Respondents correct the violation on or before October 16, 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 October 16, 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 #09-2187 James V. and Deborah Gormly Location: 601 Meadows Circle Violation: CO CH13 SEC.13-19 Obtain Business Tax Receipt to rent residence. Officer McCray presented the case and reviewed the details of the violation. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-2187, Ms. Carroll moved that this Board find that James V. and Deborah Gormly are in violation of the City of Boynton Beach Code section cited and moved to order that the Respondents correct the violation on or before October 16, 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 October 16, 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. 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 Case #09-2254 Marc B. Rock Location: 716 Meadows Circle Violation CO CH13 SEC.13-16 Obtain Business Tax Receipt to rent residence. Officer McCray presented the case and reviewed the details of the violation. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-2254, Mr. Foot moved that this Board find that Marc B. Rock 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 October 16, 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 October 16, 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 #09-2285 Mark B. Rock Location: 1207 Meadows Circle Violation: CO CH13 SEC.13-16 Obtain Business Tax Receipt to rent residence. Officer McCray presented the case and reviewed the details of the violation. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-2285, Mr. Foot moved that this Board find that Mark B. Rock 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 October 16, 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 October 16, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. LaTour seconded the motion that unanimously passed. Case #09-2325 Warren Kirschbaum Location: 1506 Meadows Circle W Violation: CO CH13 SEC.13-16 Obtain Business Tax Receipt to rent residence. Officer McCray presented the case and reviewed the details of the violation. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-2325, Mr. LaRock moved that this Board find that Warren Kirschbaum 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 October 16, 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 October 16, 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. (Mr. Foot left the dais at 9:23 p.m.) Case #09-2406 Ronald Milman Location: 620 Meadows Circle Violation: CO CH13 SEC.13-16 Obtain Business Tax Receipt to rent residence. Officer McCray presented the case and reviewed the details of the violation. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-2406, Mr. LaRock moved that this Board find that Ronald Milman is in violation of the City of Boynton Beach Code 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 section cited and moved to order that the Respondent correct the violation on or before October 16, 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 October 16, 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 6-1. (Mr. Foot was absent for the vote.) Case #09-2412 Mark B. Rock Location: 816 Meadows Circle Violation: CO CH13 SEC.13-16 Obtain Business Tax Receipt to rent residence. Officer McCray presented the case and reviewed the details of the violation. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-2412, Ms. Carroll moved that this Board find that Mark B. Rock 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 October 16, 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 October 16, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that passed 6-1. (Mr. Foot was absent for the vote.) Case 09-2217 Thornhill Limited Partnership st Location: 1961 NE 1 Way Violation: CO CH15 SEC. 15-120(D) INC. Mow overgrown yard areas and repair or replace driveway. Luney Guillaume, Code Officer, presented the case and reviewed the details of the violation. Staff recommended 10 days be given for compliance. 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 Motion Based on the testimony and evidence presented in Case #09-2217, Mr. LaRock moved that this Board find that Thornhill Limited Partnership 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 October 16, 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 October 16, 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 passed unanimously. (Mr. Foot was absent for the vote.) Case #09-2358 April Purvis th Location: 145 SE 11 Avenue Violations: CO CH10 SEC.10-56(B) CO CH10 SEC.10-56(G) Mow, weed and trim property. Clean up all trash and debris on west side of house. John Herring, Code Officer, presented the case and reviewed the details of the violations. (Mr. Foot returned to the dais at 9:27 p.m.) Motion Based on the testimony and evidence presented in Case #09-2358 , Ms. Carroll moved that this Board find that Bayfront of Boynton Beach 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 26, 2009. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $150 per day for each day the violations continue past September 26, 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. 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 Case #09-2396 Bayfront of Boynton Beach Location: 450 Bayfront Drive Violations: CO CH10 SEC.10-60(A) CO CH10 SEC.10-60(D) Have all fire extinguishers, fire sprinkler and fire alarm systems in proper working condition. Call Fire Department for inspections. Officer Herring presented the case and reviewed the details of the violations. A safety hazard existed. Staff recommended five days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-2396, Mr. LaTour moved that this Board find that Bayfront of Boynton Beach 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 21, 2009. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $250 per day for each day the violations continue past September 21, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case #09-2416 Timothy Pardo th Location: 134 SE 11 Avenue Violations: CO CH10 SEC.10-56(A) CO CH10 SEC.10-56(B) CO CH10 SEC.10-56(D) CO CH10 SEC.10-56(G) Repair or replace broken windows. Secure property. Mow, weed and trim property. Officer Herring presented the case and reviewed the details of the violations. Staff recommended 10 days be given for compliance. The property had been mowed. However, the windows had not been repaired. The violation constituted a safety hazard. 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 Motion Based on the testimony and evidence presented in Case #09-2416, Mr. LaTour moved that this Board find that Timothy Pardo 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 26, 2009. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $150 per day for each day the violations continue past September 26, 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 #09-2417 Joseph A. Jean th Location: 141 SE 13 Avenue Violation: CO CH10 SEC. 10-56(D) Repair or replace broken windows. Secure property. Officer Herring presented the case and reviewed the details of the violation. Staff recommended 10 days be given for compliance. A safety issue existed regarding the windows, and the residence was occupied. Motion Based on the testimony and evidence presented in Case #2417, Mr. Foot moved that this Board find that Joseph A. Jean 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 26, 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 September 26, 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 #09-2529 D.L. Folsom th Location: 224 SE 6 Avenue Violation: BBA FBC '07 ED. 105.1 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 Obtain permit for air-conditioner and electrical work as stated on the red tag dated June 23, 2009. Officer Herring presented the case and reviewed the details of the violation. Staff recommended 10 days be given for compliance. A safety hazard existed at the commercial property as the electrical work had been installed without a permit. One of the stipulations contained in the red tag was that the Respondent was to obtain an electrical permit for the air-conditioning. Motion Based on the testimony and evidence presented in Case #2529, Ms. Carroll moved that this Board find that D.L. Folsom 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 26, 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 September 26, 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 #09-1634 Merrideth Ann & Philip Walker Location: 1103 W. Fairfax Circle Violation: BBA FBC '04 105.1.1 Comply with Building Department's red tag regarding permit #06-1806 dated May 8, 2009. Officer Lewis presented the case and reviewed the details of the violation. Staff recommended 30 days be given for compliance. While the red tag required re-roofing, a safety hazard did not exist. Motion Based on the testimony and evidence presented in Case #1634, Mr. LaTour moved that this Board find that Merrideth Ann & Philip Walker are in violation of the City of Boynton Beach Code section cited and moved to order that the Respondents correct the violation on or before October 16, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 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 October 16, 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 09-1881 Dushyant and Jashminiben Patel Location: 930 Chapel Hill Blvd. Violations: CO CH15-15-120(D) INC. CO CH10 SEC. 1-56(C) Restore pool to a sanitary condition. Secure barrier around pool. Remove all dead vegetation and debris from property. Officer Lewis presented the case and reviewed the details of the violations. While the pool was secure, it was not in good condition. Property is in need of mowing and trash and debris should be removed. The attorneys for the bank had requested 30 days for compliance. The City was in the process of mowing the property, and a sanitation issue existed. Motion Based on the testimony and evidence presented in Case #09-1881, Mr. Karageorge moved that this Board find that Dushyant and Jashminiben Patel 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 16, 2009. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $150 per day for each day the violations continue past October 16, 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 #09-2110 Olga L. and Christian Saavedra Location: 1021 Grove Park Circle Violation: CO CH13 SEC. 13-16 Obtain Business Tax Receipt to rent residence. 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 Officer Lewis presented the case and reviewed the details of the violation. Staff recommended 15 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-2110, Mr. LaRock moved that this Board find that Olga L. and Christian Saavedra are in violation of the City of Boynton Beach Code section cited and moved to order that the Respondents correct the violation on or before October 1, 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 October 1, 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 #09-2348 Ozell F. and Lottie Burgess nd Location: 401 NW 2 St. Violation: BBF FBC '07 ED. 105.1 Obtain permit for air-conditioner and windows. Mike Melillo, Senior Code Officer, presented the case and reviewed the details of the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-2348, Mr. LaRock moved that this Board find that Ozell F. and Lottie Burgess 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 26, 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 September 26, 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. 28 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 Case #09-2431 Certified Properties LLC th Location: NW 11 Avenue Violation: CO CH15 SEC. 15-120(D) th Vacant lot east of 523 NW 11 Avenue. Remove all trash. Mow grass and weeds. Officer Melillo presented the case and reviewed the details of the violation. The property is owned by Evaughan Lane, a repeat offender. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-2431, Mr. LaRock moved that this Board find that Certified Properties LLC is in violation of the City of Boynton Beach Code section cited and moved to order that the Respondent correct the violation on or before September 26, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $200 per day for each day the violation continues past September 26, 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 #09-2485 Bishop Evans th Location: 132 NW 11 Avenue Violations: LDR CH2 SEC 5 (F)(1) CO CH15 SEC. 15-120(D)INC. CO CH13 SEC. 13-16 Remove all trash and tires from vacant th lot on NW 11 Avenue. Cease doing business in residential district. Remove unregistered motor vehicle and trailer. Officer Melillo presented the case and reviewed the details of the violations. Staff recommended 30 days be given for compliance. The owner had been experiencing th difficulty with a tenant residing in the front property on NW 10 who was conducting a reclaimed tire business in the vacant lot. The owner of the property had recently installed "no trespassing" signs and requested 30 days for compliance. 29 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 Motion Based on the testimony and evidence presented in Case #09-2485, Ms. Carroll moved that this Board find that Bishop Evans 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 October 16, 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 October 16, 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 #09-2647 Lauren Weber th Location: 319 NW 4 Street Violation: CO CH15 SEC. 15-120(D) INC. Mow grass and weeds. Officer Melillo presented the case and reviewed the details of the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-2647, Mr. LaRock moved that this Board find that Lauren Weber 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 26, 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 September 26, 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 #09-2648 Brian J. Fitzpatrick th Location: 137 NW 10 Avenue Violation: CO CH15 SEC. 15-120(D) INC. Remove all outside storage and trash. Remove or register motor vehicle in back yard. 30 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 Officer Melillo presented the case and reviewed the details of the violation. He noted the City has had problems with the apartment owner for a number of the years. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-2648, Mr. Foot moved that this Board find that Brian J. Fitzpatrick 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 26, 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 September 26, 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 #09-2469 Elphainise & Jean-Claude Chery th Location: 206 SW 12 Avenue Violations: LDR CH2 SEC. 5(D)(1) CO CH14 SEC. 14-3 Remove all outside storage and oversize truck from property. Officer Roy presented the case and reviewed the details of the violations. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-2469, Mr. LaRock moved that this Board find that Elphainise & Jean-Claude Chery 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 September 26, 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 September 26, 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. 31 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 Case #09-2470 Isalene & Extile A. St. Jacques th Location: 142 SW 11 Avenue Violation: CO CH15 SEC. 15-120(D) INC. Remove all trash and debris. Mow and trim all overgrowth. Officer Roy presented the case and reviewed the details of the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-2470, Ms. Carroll moved that this Board find that Isalene & Extile A. St. Jacques 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 26, 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 26, 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 #09-2493 David Levin & Tracy Briscuso th Location: 411 SW 9 Avenue Violation: 106.1 FBC '01 ED BBA Obtain electrical permit. Permit #04- 1647 has expired as reflected in red tag dated June 24, 2009. Officer Roy presented the case and reviewed the details of the violation. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-2493, Mr. Foot moved that this Board find that David Levin & Tracy Briscuso are in violation of the City of Boynton Beach Code section cited and moved to order that the Respondents correct the violation on or before October 16, 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, 32 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 a fine in the amount of $100 per day for each day the violation continues past October 16, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case #09-2519 Linda M. & Robbie Todd rd Location: 628 SW 3 Avenue Violation: LDR CH2 SEC. 5(D)(1) Remove all outside storage in rear yard. Remove canopy and cease all major auto repairs. Officer Roy presented the case and reviewed the details of the violation. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-2519, Mr. LaRock moved that this Board find that Linda M. & Robbie Todd are in violation of the City of Boynton Beach Code section cited and moved to order that the Respondents correct the violation on or before October 16, 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 October 16, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case #09-2675 Jacques & Laurette Momperousse th Location: 203 SW 9 Avenue Violation: LDR CH2 SEC. 5(D)(1) Remove unregistered vehicles and vehicle parts. Remove all outside storage which is not permitted in residential zone. Remove dead Palm tree. Officer Roy presented the case and reviewed the details of the violation. Staff recommended 10 days be given for compliance. 33 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 Motion Based on the testimony and evidence presented in Case #09-2675, Mr. LaTour moved that this Board find that Jacques & Laurette Momperousse 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 26, 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 26, 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 #09-1581 Robert & Jeanine Mannweiler st Location: 3111 SE 1 Street Violation: CO CH10 SEC. 10-56(B) Repair driveway. Officer Pierre presented the case and reviewed the details of the violation. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-1581, Mr. LaRock moved that this Board find that Robert & Jeanine Mannweiler are in violation of the City of Boynton Beach Code section cited and moved to order that the Respondents correct the violation on or before October 16, 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 October 16, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that unanimously passed. Case #09-1974 Mureille B. Desrosiers rd Location: 3403 SE 3 Court Violation: CO CH10 SEC. 10-56(B) Fix driveway. Remove unregistered/ 34 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 inoperable vehicles. Officer Pierre presented the case and reviewed the details of the violation. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-1974, Mr. LaRock moved that this Board find that Mureille B. Desrosiers 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 October 16, 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 October 16, 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# 09-2023 Joanne M. Kovach th Location: 2855 SW 9 Street Violation: CO CH15 SEC. 15-120(D) INC. Clean carport. Officer Pierre presented the case and reviewed the details of the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-2023, Mr. LaRock moved that this Board find that Joanne M. Kovach 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 26, 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 September 26, 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. 35 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 Case #09-2408 Matthew Wolf th Location: 2638 SW 5 Street Violation: 104.4.1 BBA FBC 2004 Permit for room addition has expired as noted in red tag dated July 2, 2009. Officer Pierre presented the case and reviewed the details of the violation. Staff recommended 30 days for compliance. Motion Based on the testimony and evidence presented in Case #09-2408, Mr. LaRock moved that this Board find that Matthew Wolf 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 October 16, 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 October 16, 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 #09-2645 Edner & Aliette Dorsanvil nd Location: 3504 SE 2 Street Violation: CO CH15 SEC. 15-120(D) INC. Remove all debris, refrigerator and unregistered/inoperable vehicle in carport area. Officer Pierre presented the case and reviewed the details of the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-2645, Mr. LaTour moved that this Board find that Edner & Aliette Dorsanvil 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 26, 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 36 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 September 26, 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 #09-2332 William T. Grath Location: 827 South Road Violations: CO CH10 SEC. 10-56(B) CO CH10 SEC. 10-56(D) CO CH10 SEC. 10-56(C) Keep property mowed and free of all loose trash and debris. Trim overgrowth. Repair wooden gate. Maintain pool in sanitary condition. Officer Webb presented the case and reviewed the details of the violations. Staff recommended 10 days for compliance. The violations constituted a safety hazard. Motion Based on the testimony and evidence presented in Case #09-2332, Mr. LaTour moved that this Board find that William T. Grath 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 26, 2009. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $250 per day for each day the violations continue past September 26, 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 #09-2495 Boynton Beach Property Partners LLC Location: 512 N. Federal Hwy. Violations: CO CH10 SEC. 10-2 CO CH15 SEC. 15-120(D) INC. Keep vacant lot at 512 N. Federal Hwy. free of all trash and debris that could become a hazard during a hurricane. 37 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 Officer Webb presented the case and reviewed the details of the violations. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-2495, Mr. LaRock moved that this Board find that Boynton Beach Property Partners 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 26, 2009. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $250 per day for each day the violations continue past September 26, 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 #09-2520 Stephen & Laura Gallagher Location: 801 South Road Violation CO CH10 SEC. 10-56(B) CO CH10 SEC. 10-56(D) Keep property mowed, trim overgrowth and bushes away from stop sign. Place 4-inch house numbers on building to be visible from City street. Officer Webb presented the case and reviewed the details of the violations. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-2520, Mr. LaRock moved that this Board find that Stephen & Laura Gallagher 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 September 26, 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 September 26, 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. 38 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 Case #09-2643 Thomas F. Curran nd Location: 417 NE 2 Street Violation: CO CH15 SEC. 15-120(D) 1 INC. Keep duplex mowed, trimmed and free of all loose trash and debris. Officer Webb presented the case and reviewed the details of the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-2643, Mr. LaRock moved that this Board find that Thomas F. Curran 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 26, 2009. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $150 per day for each day the violations continue past September 26, 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. Officer Roy recommended the following cases be certified at $50 per day Case #09-1753 Exotic Motorcars & Jewelry Inc. 103 Commerce Rd. Motion Based on the testimony and evidence presented in Case # 09-1753, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated August 19, 2009, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $50 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Karageorge seconded the motion that unanimously passed. th Case #09-1757 Integrity Investments Group LL- 1550 W. 8 St. Inwood International 39 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 Motion Based on the testimony and evidence presented in Case #09-1757, Mr. Foot moved that this Board find that the Respondent, Integrity Investments Group LL, has not complied with this Board's Order dated August 19, 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. Motion Based on the testimony and evidence presented in Case #09-1757, Mr. Foot moved that this Board find that the Respondent, Inwood International, has not complied with this Board's Order dated August 19, 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 Roy recommended the following cases be certified at $100 per day: th Case #09-1218 Mark Musa 2770 NE 4 Court Motion Based on the testimony and evidence presented in Case #09-1218, Mr. Karageorge moved that this Board find that the Respondent has not complied with this Board's Order dated June 17, 2009, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. 40 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 st Case #08-1319 John Van De Warker 135 SW 1 Avenue Motion Based on the testimony and evidence presented in Case #09-1319, Mr. Karageorge moved that this Board find that the Respondent has not complied with this Board's Order dated June 18, 2008, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. Case #09-1946 Crest Management Company 450 Bayfront Drive Bayfront Townhomes Motion Based on the testimony and evidence presented in Case #09-1946, Mr. Karageorge moved that this Board find that the Respondent, Crest Management Company, has not complied with this Board's Order dated August 18, 2009, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed Motion Based on the testimony and evidence presented in Case #09-1946, Mr. Karageorge moved that this Board find that the Respondent, Bayfront Townhomes, has not complied with this Board's Order dated August 18, 2009, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed th Case #09-1583 Dennis Gleason 300 NE 26 Avenue #114 Cathy Morrison 41 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 Motion Based on the testimony and evidence presented in Case #09-1583, Mr. Karageorge 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 violation, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. Case #09-1528 Luis Baez and 220 Gateway Blvd. Johanna Rodriguez Motion Based on the testimony and evidence presented in Case #09-1528, Mr. Karageorge 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 violation, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. Case #09-1645 Citimortgage Inc. 1920 N. Seacrest Blvd. Motion Based on the testimony and evidence presented in Case #09-1645, 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 $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. nd Case #09-1646 Homecomings Financial Svc LLC 1570 NW 2 Lane Motion Based on the testimony and evidence presented in Case #09-1646, 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 42 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. rd Case #09-1696 Zambelia Allen 206 SW 3 Street Motion Based on the testimony and evidence presented in Case #09-1696, 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 $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. Officer Roy recommended the following cases be certified at $200 per day: th Case #09-1485 Waltoguy Anfriany 210 NE 12 Avenue Motion Based on the testimony and evidence presented in Case #09-1485, Mr. Foot 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 Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. th Case #09-1586 Gordon Bartlett 197 SE 27 Place Motion Based on the testimony and evidence presented in Case #09-1586, Mr. Foot 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. Mr. LaRock seconded the motion that unanimously passed. 43 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 rd Case #09-1620 John Floyd Enterprises Inc. 2201 SE 3 Street Motion Based on the testimony and evidence presented in Case #09-1620, Mr. Foot 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. Mr. LaRock seconded the motion that unanimously passed. Officer Roy recommended the following case be certified at $500 per day: st Case #09-1398 Lisette Linares 644 NW 1 Avenue Motion Based on the testimony and evidence presented in Case #09-1398, 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. Mr. LaRock seconded the motion that unanimously passed. Officer Roy recommended "No Fine" for the following cases Case #09-1110 Delphine Hamon 2130 N. Seacrest Blvd. Motion Based on testimony and evidence presented in Case #09-1110, Mr. Foot moved that this Board find that the Respondent, Delphine Hamon, 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. 44 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 Case #09-1458 Boynton Commerce Center LLC 2015 Corporate Dr. Printing and Mailing Services Motion Based on testimony and evidence presented in Case #09-1458, Mr. Foot moved that this Board find that the Respondents, Boynton Commerce Center LLC and Printing and Mailing Services, 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 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. th Case #09-572 Thomas E. Fillyaw Trustee 809 SE 4 Street Motion Based on testimony and evidence presented in Case #09-572, Mr. Foot moved that this Board find that the Respondent, Thomas E. Fillyaw Trustee, 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 June 17, 2009, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify “No Fine.” Mr. LaRock seconded the motion that unanimously passed. Case #09-1750 Sunpoint Savings Bank FSB 901 S. Federal Hwy. Washington Mutual Motion Based on testimony and evidence presented in Case #09-1750, Mr. Foot moved that this Board find that the Respondent, Sunpoint Savings Bank FSB, was in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Order of August 19, 2009, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify “No Fine.” Mr. LaRock seconded the motion that unanimously passed. 45 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 Motion Based on testimony and evidence presented in Case #09-1750, Mr. Foot moved that this Board find that the Respondent, Washington Mutual, was in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Order of August 19, 2009, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify “No Fine.” Mr. LaRock seconded the motion that unanimously passed. Case #09-1774 Yachtsman Properties LLC 1550 N. Federal Hwy. Calebs Hair Design Motion Based on testimony and evidence presented in Case #09-1774, Mr. Foot moved that this Board find that the Respondents, Yachtsman Properties LLC and Calebs Hair Design, 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 August 19, 2009, and in consideration of the gravity of the violation and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents, that this Board impose and certify “No Fine.” Mr. LaRock seconded the motion that unanimously passed. th Case #09-797 Leo and Veronica Sears 460 NE 27 Avenue Motion Based on testimony and evidence presented in Case #09-797 , Mr. Foot moved that this Board find that the Respondents, Leo and Veronica Sears, 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 July 15, 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. th Case #09-812 Michael J. and Jane A. Morris 921 SW 34 Ave. Motion Based on testimony and evidence presented in Case #09-812 , Mr. Foot moved that this Board find that the Respondents, Michael J. and Jane A. Morris, were in violation of the 46 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Order of May 20, 2009, and in consideration of the gravity of the violation and the actions taken by the Respondents to remedy the violation and the previous violations of the Respondents, that this Board impose and certify “No Fine.” Mr. LaRock seconded the motion that unanimously passed. It was noted the above motion for Case #09-812 referred to the first Board Order of May 20, 2009 regarding the pool violation. rd Case #09-1504 Eric Filer and 2612 SE 23 Cranbrook Drive Jean Wyatt-Filer Based on testimony and evidence presented in Case #09-1504, Mr. Foot moved that this Board find that the Respondents, Eric Filer and Jean Wyatt-Filer 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 July 15, 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. st Case #09-1650 Lance and Kendra Seiler 3000 SE 1 Court Motion Based on testimony and evidence presented in Case #09-1650, Mr. Foot moved that this Board find that the Respondents, Lance and Kendra Seiler, 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. th Case #09-1196 William Ganoe 320 NE 13 Avenue Motion Based on testimony and evidence presented in Case #09-1196, Mr. Foot moved that this Board find that the Respondent, William Ganoe, 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 47 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 violations of the Respondent, that this Board impose and certify “No Fine.” Mr. LaRock seconded the motion that unanimously passed. Officer Roy recommended the following cases be tabled until the Code Compliance Board meeting to be held October 21, 2009: thth Case #09-639 3151 SW 14 Place LLC 3151 SW 14 Place #1 Motion Mr. LaRock moved that Case #09-639 be tabled until the Code Compliance Board meeting to be held on October 21, 2009. Mr. LaRock seconded the motion that unanimously passed. th Case #09-812 Michael J. and Jane A. Morris 921 SW 34 Ave. Mr. LaRock moved that Case #09-812 be tabled until the Code Compliance Board meeting to be held on October 21, 2009. Mr. LaRock seconded the motion that unanimously passed. It was noted the above motion for Case #09-812 referred to the second Board Order of May 20, 2009 and the violations with respect thereto. Officer Roy recommended the following case be tabled until the Code Compliance Board meeting to be held November 18, 2009: Case #08-2545 Woolfed Inc. 1600 S. Federal Hwy. Mr. LaTour moved that Case #08-2545 be tabled until the Code Compliance Board meeting to be held on November 18, 2009. Ms. Carroll seconded the motion that unanimously passed. Ms. Blasie advised the Board that this year's budget, currently being reviewed by the City Commission, would not provide any funding for Code Compliance to abate nuisances. However, an ordinance was adopted at the last City Commission meeting pertaining to the maintenance of vacant properties and holding mortgage holders responsible for properties in pre-foreclosure. It was hoped the ordinance would obviate the need for many of the nuisance abatement funds. 48 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 16, 2009 V. Adjournment There being no further business to discuss, the meeting properly adjourned at 9:59 p.m. ~ " DI- Stephanie D. Kahn Recording Secretary 091609 49