Loading...
Minutes 12-16-09 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, DECEMBER 16, 2009, AT 7:00 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Scott Blasie, Code Compliance Administrator Richard Yerzy, 1st Vice Chair Jamila Alexander, Board Attorney Jamie LaTour, 2nd Vice Chair Kathleen Carrol Robert Foot Mark Karageorge Kirk LaRock James Brake, Alt. I. Call to Order Chair Costantino called the meeting to order at 7:00 p.m. II. Approval of Minutes Mr. Foot suggested they move forward with approving the minutes with the changes noted by staff and the additional change on page 3, third paragraph, to strike the words, “unanimously passed.” Motion Mr. Foot moved to approve the minutes with those changes. Mr. Karageorge seconded the motion that unanimously passed. III. Approval of Agenda Willie Webb , Senior Code Officer reported the following: Case #09-2202, Case #09-2547, Case #09-3454 was removed. Case #09-3380 was recommended to be tabled for 30 days. Motion Mr. LaTour moved that Case #09-3380 be tabled until the Code Compliance Board meeting to be held on January 20, 2010. Ms. Carroll seconded the motion that unanimously passed. Case #09-3427 was recommended to be tabled for 30 days. 1 Meeting Minutes Code Compliance Board Meeting Boynton Beach, FL December 16, 2009 Motion Vice Chair Yerzy moved that Case #09-3427 be tabled until the Code Compliance Board meeting to be held on January 20, 2010. Mr. LaTour seconded the motion that unanimously passed. Case #09-3413 and Case #09-3412 had complied. Motion Mr. Karageorge moved to approve the agenda. Ms. Carroll seconded the motion that unanimously passed. IV. Swearing in of Witnesses and Introduction Attorney Alexander explained the hearing procedures and administered the oath to all who would testify. V. New Business A. Cases to be Heard – New Officer Webb called the roll to determine who was present. Case #09-3367 HSBC Mortgage Services Inc. Location: 140 SE 28th Ct. Violation(s): CO CH10 ORD. 09-040 Inc. CO CH10 SEC. 10-56(C) Foreclosed property must be registered with the City. Pool must be kept in a sanitary condition. Secure gate. Vestiguerne Pierre , Code Compliance Officer, reviewed the details of the violations as contained in the staff report. There was discussion whether the Respondent was being cited for an unlocked gate. The Pool Code required the gate be self-latching and it was not, nor was the pool in a sanitary condition. Motion Based on the testimony and evidence presented in Case #09-3367, Mr. Karageorge . moved that this Board find that HSBC Mortgage Services Inc is in violation of the City of Boynton Beach Code sections cited and moved to order that the Respondent correct the violations on or before December 26, 2009. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by 2 Meeting Minutes Code Compliance Board Meeting Boynton Beach, FL December 16, 2009 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 December 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. Vote There was discussion there was a safety issue with the pool. Mr. Karageorge amended his motion to reflect a fine amount of $500. Mr. LaRock agreed to the amendment. A vote was taken and the motion unanimously passed. Case #05-2653 Pita General Corp. 3005 S. Congress Ave. Scott Blasie, Code Compliance Administrator, presented the case. The property owner at the time of the violation was Pita General Corp. The property is owned by San Lor Properties LLC, cited November 29, 2005 for overgrowth and trash and debris. The case was heard on January 18, 2006 and no one appeared. The compliance date and fine set by the Board was January 28, 2006 or incur a $200 per day fine. Compliance was documented on May 23, 2007 having 470 days of non-compliance plus the administrative costs. The facility was a nursing facility next to Manor Care. Code Compliance became involved after Hurricanes Jean and Frances. One of the storms damaged the roof to the extent there were mold issues. They had to move all the residents out and shut down the facility. The building and property was vacant. Staff dealt with Pita General’s attorney at the time. The applicant concluded the building was not salvageable and wanted it demolished, but the insurance company contested it. It moved its way through the court system and made it to federal court. Pita General was prohibited from entering the property by the court, thereby preventing them from even mowing the property. Documents to those facts were in the file. They fenced in the property to prevent vandalism. Once the court cleared them to enter the property, they hired Vila and Son to provide routine maintenance. Mr. Blasie had several meetings with the property manager, who was fully willing to comply with the site plan requirements. The property now has new owners who were planning a new facility that should be applying for permits early next year. The property was demolished and cleaned. The area where the building remained was fenced and in compliance. Photographs taken February 14, 2006 showed overgrowth and dead vegetation. Two photos were taken earlier this date which he showed the Board. When the property became a court issue was when they were prohibited from maintaining the property. The City was recommending being very sympathetic since the matter was held up in court for two or three years. Mr. Blasie recommended leniency as they were putting up a new facility on the premises. 3 Meeting Minutes Code Compliance Board Meeting Boynton Beach, FL December 16, 2009 Samuel Cantor , 2499 Glades Road, Boca Raton, Suite 210, closed the transaction for the new owners. He confirmed what Mr. Blasie had presented and added the case was started in December 2005. The new owners, when given clearance by the Court, immediately worked with the City, who determined the building was not salvageable. Accordingly, the structure was fenced and eventually demolished. His clients were seeking to avoid the fine as there was nothing they could do to comply. An Autism family center and the Palm Beach School for Autism was planned for the site. The estimated cost was $12 to $15 million. World class architect, IM Pei was hired to design the building. Attorney Cantor explained his clients spent $150,250 for the demolition costs, $4,000 to $5,000 for the weeding and landscaping, and another $4,000 to $5,000 for the fencing. Clearing the demolition debris was about $3,000. Motion Based on the testimony and evidence presented in Case #05-2653, and having been advised that the Respondent has complied with all lien reduction procedures set forth in section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Vice Chair Yerzy moved that this Board rescind the fine instituted in Case #05-2653, by virtue of this Board’s Order of January 18, 2006, and that the lien imposed by that Order be reduced to an amount of $922.21. Mr. LaRock seconded the motion. Discussion followed that the compliance date indicated the property was to be complied by January 28, 2006, and the court had already taken control of the property. It was suggested case have its fine reduced to zero and not recouping administrative costs. Vote A vote was taken and the motion failed 3-4 (Chair Costantino Ms. Carroll and Messers. Foot and Karageorge dissenting.) Motion Based on the testimony and evidence presented in Case #05-2653, 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 rescind the fine instituted in Case #05-2653, by virtue of this Board’s Order of January 18, 2006, and that the lien imposed by that Order be released. Mr. Karageorge seconded the motion that passed 5 - 2 (Mr. LaTour and Vice Chair Yerzy dissenting.) Case #09-3533 HSBC Bank National Assoc. Location: 460 Ocean Pkwy. 4 Meeting Minutes Code Compliance Board Meeting Boynton Beach, FL December 16, 2009 Violation(s): CO CH10 ORD. 09-040 Inc. Foreclosed property must be registered by the lender with the City. Mow overgrown yard areas, and trim vegetation. Remove debris, repair fence or remove it. Secure structure to prevent unauthorized individuals from entry. Courtney Cain, Code Officer , presented the case and reported the initial notice was a written notice giving 10 days to comply, and the green card was returned unsigned. The Respondent was present. Jonathan Giddens, 2901 Sterling Road, Ste. 300, Ft. Lauderdale was representing the bank. Mr. Giddens pled not guilty and reported he spoke with his client earlier in the day. She advised him the work was to have been performed earlier in the day, but she could not confirm that it had been done due to her being out of town, and that the form and check had already been submitted. It was noted the last time the property was inspected was December 15, 2009. Officer Cain had a photograph he distributed to the Board. Mr. Giddens inquired if the check was received and not processed to be reflected in the record; however, the payment was not received. Accordingly, Mr. Giddens requested an extension to allow time for the check to be received. Motion Based on the testimony and evidence presented in Case #09-3533, Mr. Karageorge moved that this Board find that HSBC National Bank is in violation of the City of Boynton Beach Code sections cited and moved to order that the Respondent correct the violations on or before January 15, 2010. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past January 15, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion. There was discussion whether the time period was too long. The Respondent was before the Board on other occasions. Vote Mr. Karageorge amended his motion to change the compliance date to December 31, 2009. Mr. Foot agreed to the amendment. The motion unanimously passed. 5 Meeting Minutes Code Compliance Board Meeting Boynton Beach, FL December 16, 2009 Case #09-3409 John Floyd Enterprises, Inc. Location: 2201 SE 3rd St. Violation(s): BBA FBC ’07 ED. 105.1 Obtain permits for reroof and addition, as noted in Red Tag. Officer Pierre presented the case as contained in the staff report. The Respondent was present. Rachael Floyd , 2201 SE 4th Street, the wife of the Respondent was present and authorized to speak on his behalf. Ms. Floyd pled no contest. She reported the permit was obtained and the remodeling was completed. Officer Pierre clarified she obtained the permit for the roof but there was an addition, which was a shed, which was turned into a habitable place. They either had to obtain a permit for it, or remove whatever it was to make it habitable. Nothing electrical could be in the shed and Ms. Floyd agreed to comply. The Respondent requested 30 days. The shed was similar to a utility room. Motion Based on the testimony and evidence presented in Case #09-3409, Mr. Foot moved that this Board find that John Floyd Enterprises, Inc. is in violation of the City of Boynton Beach Code section cited and moved to order that the Respondent correct the violation on or before January 15, 2010. 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 January 15, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Vice Chair Yerzy seconded the motion that unanimously passed. Case #09-2836 John Floyd Enterprises Inc. 2201 SE 3rd St. Officer Pierre reported this case was tabled. The Respondent owned the property with his wife. The violation was the same as the prior case. They had obtained the permit and the recommendation was to the case complied and there be no fine. Motion Based on testimony and evidence presented in Case #09-2836 , Mr. Karageorge moved that this Board find that the Respondent, John Floyd Enterprises Inc. 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 October 21, 2009, and in consideration of the gravity of the violations and the actions taken by the Respondent to remedy the violations and the 6 Meeting Minutes Code Compliance Board Meeting Boynton Beach, FL December 16, 2009 previous violations of the Respondent, that this Board impose and certify “No Fine.” Ms. Carroll seconded the motion that unanimously passed. Case #09-3377 Michael P. Powers Location: 409 E. Boynton Beach Blvd.. Violation(s): BBA FBC ’07 ED. 105.1 Permit needed to remodel. Red Tagged. Officer Webb presented the case as contained in the staff report. The Respondent was present. Mike Powers , 409 E. Boynton Beach Boulevard, pled no contest. The permit was applied for on November 30, 2009. Two days ago, they learned the permit cannot be issued at this time. Dwayne Sear , 134 SE 9th Avenue, confirmed Mr. Powers’ comments that the permit could not be issued at this time. They tried to comply with the violations regarding replacing the wall and the electric but as a result of wording on the blue print, other issues surfaced. The City was requiring additional items that were not on the architectural plans the contract had drawn up. They were in the process of addressing those items. They hired an architect to depict what was fixed and that was reject so they were trying to restore the property. The electrical was being inspected. They were discussing with the City what changes were needed. The intent was to restore the building to its original condition. Dan Icaro , City of Boynton Beach Building Inspector, explained the Florida Building Code required the issues be addressed. The issue was the occupancy and how they were attempting to use the space. The building was rented out and the tenants made changes that were incorrect and the Respondents were attempting to rectify the matter. The Respondents were in agreement with Mr. Icaro. It was noted the units in the building were being used for a Church and the other for a clothing store. Mr. Icaro explained there were three new electrical panels that were unpermitted and uninspected. The Respondents explained air conditioning, plumbing and other items were being brought up, none of which were not in the violations cited, but which they drew up in the plants to be corrected to obtain a permit and be inspected. The tenants were going to be moved out and the building restored to the original condition. They were currently talking with the architects who would meet with the Building Department Inspector to correct the matter. He was unsure how long the process would take. The building started out as a clothing store. The tenant decided to sublet to church gatherings but still have the clothing store. The Respondents were not opposed to 7 Meeting Minutes Code Compliance Board Meeting Boynton Beach, FL December 16, 2009 evicting the tenants. Mr. Icaro reviewed the history of the structure. There was agreement to split the violations and have two compliance dates for the different violations. The following motion pertained to the electric: Motion Based on the testimony and evidence presented in Case #09-3377, Mr. Karageorge moved that this Board find that Michael P. Powers is in violation of the City of Boynton Beach Code section cited (regarding the electric) and moved to order that the Respondent correct the violation on or before December 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 $100 per day for each day the violation continues past December 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. Vice Chair Yerzy seconded the motion that unanimously passed. The following motion pertained to the remaining violation: Motion Based on the testimony and evidence presented in Case #09-3377, Mr. Karageorge moved that this Board find that Michael P. Powers is in violation of the City of Boynton Beach Code section cited (regarding the remodel) and moved to order that the Respondent correct the violation on or before January 30, 2010. 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 January 30, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaTour seconded the motion that unanimously passed. Case #09-3505 Location: Violation(s): Freynel R. Jean Baptiste Freynel 417 N. Federal Hwy. BBA FBC "04 105.1.1. Permit expired. Obtain new permit. Red Tagged. Officer Webb presented the case as contained in the staff report. The Respondent was present. 8 Meeting Minutes Code Compliance Board Meeting Boynton Beach, FL December 16, 2009 Freynel Jean Baptiste , 417 N. Federal Highway, pled no contest and explained he was changing contractors. He did not know how long it would take. Mr. Icaro confirmed the Respondent was moving through the process correctly and was close to completion. He recommended 30 days be given to correct the violation. Motion Based on the testimony and evidence presented in Case #09-3505, Mr. LaTour moved that this Board find that Jean Baptiste Freynel 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 January 15, 2010. 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 January 15, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Vice Chair Yerzy seconded the motion. There was discussion regarding the fine amount. It was noted the property was Red Tagged. Vote A vote was taken and the motion passed 4-3, (Ms. Carroll, and Messers Karageorge and Foot dissenting.) Case #09-2053 James & Connie Rodgers TR. 412 Meadows Circle Officer Cain presented the case as contained in the staff report. The Respondent was present. John Rodgers , 667 Hollows Circle, Deerfield Beach, a partner in the venture was present and was put under oath. Mr. Rodgers explained when he first learned of the violations he called the City and was told the violations were on the books for years and it was now being enforced. He met with Mr. DuCoste about the issue and also advised they were losing between $800 to $1000 per month on the investment. He explained they have six locations and they were cited for four violations. The units were not income producing properties. He proposed to address two units per month until they were brought into compliance and had inspections. Mr. Rodgers was unaware there was a fine running on the property. 9 Meeting Minutes Code Compliance Board Meeting Boynton Beach, FL December 16, 2009 Motion Based on the testimony and evidence presented in Case #09-2053, Mr. LaTour moved that this Board find that the Respondents have not complied with this Board's Order dated August 19, 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. Foot seconded the motion that unanimously passed. Case #09-2059 James & Connie Rodgers TR. 402 Meadows Circle Officer Cain presented the case as contained in the staff report. The Respondent was present John Rodgers , 667 Hollows Circle, Deerfield Beach, a partner in the venture was present. Motion Based on the testimony and evidence presented in Case #09-2059, Mr. Foot moved that this Board find that the Respondents have not complied with this Board's Order dated August 19, 2009, and having considered the gravity of the violation, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. Karageorge seconded the motion that unanimously passed. Case #09-2534 John Rodgers 1010 Meadows Circle Officer Cain presented the case as contained in the staff report. The Respondent was present John Rodgers , 667 Hollows Circle, Deerfield Beach, a partner in the venture was present. Motion Based on the testimony and evidence presented in Case #09-2534, Mr. LaTour moved that this Board find that the Respondents have not complied with this Board's Order dated October 21, 2009, and having considered the gravity of the violation, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $50 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. Karageorge seconded the motion that unanimously passed. 10 Meeting Minutes Code Compliance Board Meeting Boynton Beach, FL December 16, 2009 Case #09-2540 James & Connie Rodgers TR. 1020 Meadows Circle Officer Cain presented the case as contained in the staff report. Mr. Rodgers, a partner in the venture was present John Rodgers , 667 Hollows Circle, Deerfield Beach, did not testify. Motion Based on the testimony and evidence presented in Case #09-2540, Mr. LaTour moved that this Board find that the Respondent has not complied with this Board's Order dated October 21, 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. Foot seconded the motion that unanimously passed. There was discussion that positive action on the part of the Respondent could assist with a reduction in fines later on. Case #09-1063 Meadows on the Green Condo Assoc. 100 Meadows Circle Skip Lewis, Senior Code Compliance Officer, presented the case as contained in the staff report. The Respondent was present. Vincent Saffioti , 9672 W. McNab Road, Tamarac, was present. He announced he was President of the Board of Meadows on the Green. Mr. Saffioti advised to his knowledge, the only permits missing were structural permits. The Meadows was a 410 unit rental complex that was converted to condominiums in 2005. There was a 50% or higher foreclosure rate and was anticipated to climb to 60%. The structural permits were an issue because whom the Association’s records indicated as the structural engineer of record, were not the engineer of record. Accordingly, the firm would not sign off on work they did not do. Officer Lewis explained the case was a Red Tag for permits that included structural, electrical and mechanical that were never inspected or finalized by the company that pulled the permit. There were numerous permits for each building. Officer Lewis had numerous meetings with the Association and he requested being kept apprised; however, he heard nothing from them. Officer Lewis clarified he had no contact with NOVA. Discussion followed there were a number of mitigating circumstances. It was also noted there was no information supplied by the Building Department regarding the Red Tags. 11 Meeting Minutes Code Compliance Board Meeting Boynton Beach, FL December 16, 2009 Mr. Blasie had researched the issue a long time ago. He recalled the outstanding permits were all structural. They had common walls between the buildings and the units and tenant walls. He offered to be the point person between the Meadows and Building Department. Motion Mr. Foot moved that Case #09-1063 be tabled until the Code Compliance Board meeting to be held on January 20, 2010. Mr. LaRock seconded the motion that passed 5-2. (Chair Costantino and Vice Chair Yerzy dissenting.) Case #09-1581 Robert & Jeannine Mannweiler 3111 SE 1st St. Mr. Blasie presented the case as contained in the staff report. The Respondent was present. Robert Mannweiler , 109 NE 7th Street stated he addressed the issues. His water bill was also paid, which had been outstanding. Motion Based on the testimony and evidence presented in Case #09-1581, and having been advised that the Respondents have complied with all lien reduction procedures set forth in section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Vice Chair Yerzy moved that this Board rescind the fine instituted in Case #09-1581, by virtue of this Board’s Order of September 16, 2009, and that the lien imposed by that Order be released. Mr. LaTour seconded the motion that unanimously passed. Case #08-538 Siobhan Petrillo 931 Sunset Rd. Mr. Blasie presented the case as contained in the staff report. Compliance was documented on July 28, 2009. It was noted there was a lis pendens recorded on the property on January 5, 2007. Photos were distributed to the Board. John Foss , 100 S. Federal Highway was present as agent for the bank, which owned the property. The property was under contract when the violation issue was settled. The Board discussed the fine amount, and $5,000 was suggested. It was also discussed $5,000 could be a deal breaker. Motion Based on testimony and evidence presented in Case #08-538, 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 12 Meeting Minutes Code Compliance Board Meeting Boynton Beach, FL December 16, 2009 moved that this Board reduce the fines instituted in Case #08-538, by virtue of this Board's Order of May 21, 2008, to an amount of $5,000, including administrative costs. Mr. Karageorge seconded the motion. The motion failed 3 to 4, (Chair Costantino, Vice Chair Yerzy, Ms. Carroll and Mr. LaTour dissenting.) The Board returned to discussion regarding the fine amount. The points raised were the fine was over $100,000 and a reduction to $5,000 was substantial. The neighbors also had to endure the property for over 400 days and fines can be a deterrent. It was also noted it was not the role of the Board to gain revenue for the City, rather it was to gain compliance. The party cited was not the individual who created the violation and she was being punished. Another aspect of the fine that was discussed was the banks have no authority to do anything to cure the violation until the Courts authorize them to do so. The Courts are taking in excess of two years to give the properties back to the bank, which contributes to the properties deteriorating, which is something the City Commission should consider. Motion Based on testimony and evidence presented in Case #08-538, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Vice Chair Yerzy moved that this Board reduce the fines instituted in Case #08-538, by virtue of this Board's Order of May 31, 2008, to an amount of $1,634.12, including administrative costs. Mr. Karageorge seconded the motion. Vote Vice Chair Yerzy amended his motion to reflect the Board’s Order date was May 21, 2009. Mr. Karageorge agreed to the amendment. A vote was take and the motion passed 6-1 (Mr. Foot dissenting.) Case #03-800 Susan Y. Kee 720 NW 10th Court Mr. Blasie presented the case as contained in the staff report. Compliance was documented on November 9, 2009. The Respondent was present. David Kee , 720 NW 10th Court, was the personal representative of Ms. Kee’s estate. Mr. Kee explained Ms. Kee was very sick and he was not aware of the violations as he was not living at the premises. After Ms. Kee’s demise, he went through all the paperwork to address any issues; however, he was not aware of the violation until he went to sell the property. Once he became aware of the violations, he took immediate steps to address them. 13 Meeting Minutes Code Compliance Board Meeting Boynton Beach, FL December 16, 2009 Mr. Blasie had photographs he distributed to the Board. The fine certification notice was signed for by a Robert Miller, the Respondent's son, and Mr. Blasie attested to Ms. Kee's illness. There was discussion regarding a citation for a dumpster. Mr. Blasie explained the Respondent was cited for a wall they constructed without permits, which was not related to this case. The wall had to be removed and it was hypothesized the dumpster pertained to removal of the wall. Motion Based on testimony and evidence presented in Case #03-800, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Vice Chair Yerzy moved that this Board rescind the fine instituted in Case #03-800, by virtue of this Board's Order of May 21, 2003, and the lien imposed by the Order be released. Ms. Carroll seconded the motion that unanimously passed 4-3 (Messrs. Foot and Karageorge and Chair Costantino dissenting.) Mr. Blasie explained the following two cases pertained to the same property. Case #99-291 Essie M. Mays 112 NW 10th Avenue Mr. Blasie had distributed a memorandum in regard to the case. The Board had recommended the City Commission commence with foreclosure proceedings. The property was one of five duplex properties in a strategic area the City and Community Redevelopment Agency were working on to eliminate drug activities and remove the blighted. The Community Redevelopment Agency purchased the property from the Brandom family as the most current owner and cleaned it up, but the liens remained. The Community Redevelopment Agency planned to demolish the structure and convey it to the City to include in their Heart of Boynton Plan. The area was to be used to expand Sara Sims Park. Staff recommended both liens be released. Motion Based on testimony and evidence presented in Case #99-921, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr Karageorge moved that this Board reduce rescind the fines instituted in Case #99-291, by virtue of this Board's Order of April 21, 1999, and that the lien imposed by that order be released. Mr. LaRock seconded the motion that unanimously passed. Case #06-23 Jerry & Melody A. Brandom 112 NW 10th Avenue 14 Meeting Minutes Code Compliance Board Meeting Boynton Beach, FL December 16, 2009 Motion Based on testimony and evidence presented in Case #06-23, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Karageorge moved that this Board reduce rescind the fines instituted in Case #99-291, by virtue of this Board's Order of February 15, 2006, and that the lien imposed by that order be released. Mr. LaTour seconded the motion that unanimously passed. The Board recessed for a short break at 8:34 p.m. The Board reconvened at 8:41 p.m. Case #09-2680 Location: Violation(s): Carl & Edmund Deveaux 1000 Miner Road CO CH10 SEC 10-51 Abandoned equipment located in the City Right-of-Way. Equipment is inoperable. Officer Lewis presented the case as contained in the staff report. The recommendation given was 15 days to comply. The violation was a safety hazard. Motion Based on the testimony and evidence presented in Case #09-2680, Mr. Karageorge moved that this Board find that Carl & Edmund Deveaux 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 December 31,2009. 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 $250 per day for each day the violation continues past December 31, 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 #09-3432 Grove Plaza D. LLC Tilden Car Care 3924 Hypoluxo Rd. CO CH2.5 SEC. 2.5 -12 & 13 Excessive false alarms and service fee. Location: Violation( s): Mr. Blasie requested the case be tabled until the January meeting. 15 Meeting Minutes Code Compliance Board Meeting Boynton Beach, FL December 16, 2009 Motion Mr. Foot moved that Case #09-3432 be tabled until the Code Compliance Board meeting to be held on January 20, 2010. Ms. Carroll seconded the motion that unanimously passed. Case #09-3474 Krause Lund Associates LLC Bold Construction Corp. Location: 1599 SW 30th Ave. 14 Violation(s): CO CH0 SEC. 9-22(C) Fire inspection annual fees. Pete Roy, Chief Code and Rehabilitation Officer, presented the case as contained in the staff report. The recommendation was 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-3474, Mr. LaTour moved that this Board find that Krause Lund Associates LLCis in violation of the City of Boynton Beach Code section cited and moved to order that the Respondent correct the violation on or before December 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 December 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. Motion Based on the testimony and evidence presented in Case #09-3474, Mr. LaTour moved that this Board find that Bold Construction Corp.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 December 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 December 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. Vice Chair Yerzy seconded the motion that unanimously passed. Case #09-3090 Ann G. Chamberlain TR. Location: 2424 N. Federal Hwy 207 16 Meeting Minutes Code Compliance Board Meeting Boynton Beach, FL December 16, 2009 Violation(s): BBA FBC ’04 105.1.1 Permit required for windows. Red Tagged. Officer Cain presented the case as contained in the staff report. The recommendation was to give 30 days to comply. Motion Based on the testimony and evidence presented in Case #09-3090, Ms. Carroll moved that this Board find that Ann G. Chamberlain TR.is in violation of the City of Boynton Beach Code section cited and moved to order that the Respondent correct the violation on or before January 15, 2010. 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 January 15, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Vice Chair Yerzy seconded the motion that unanimously passed. Case #09-3147 Michael Lomax & Ethel L. Cesar-Lomax Location: 113 S. Atlantic Dr. Violation(s): CO CH13 SEC. 13-16 Renting residence requires a Business Tax Receipt. Officer Cain presented the case as contained in the staff report. The recommendation was to give 15 days to comply. Motion Based on the testimony and evidence presented in Case #09-3147, Mr. LaTour moved that this Board find that Michael Lomax & Ethel L. Cesar-Lomaxare in violation of the City of Boynton Beach Code section cited and moved to order that the Respondents correct the violation on or before December 31, 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 December 31, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Vice Chair Yerzy seconded the motion that unanimously passed. 17 Meeting Minutes Code Compliance Board Meeting Boynton Beach, FL December 16, 2009 Case #09-3255 Bryan A Sulph Location: 111 S. Atlantic Dr. Violation(s): CO CH10 SEC. 10-2 CO CH15 SEC. 15-120(D) Please trim all Florida Holly or remove it. Remove bees from property. Officer Cain presented the case as contained in the staff report. The recommendation was to give 15 days to comply. Motion Based on the testimony and evidence presented in Case #09-3255, Vice Chair Yerzy moved that this Board find that Bryan A Sulphis in violation of the City of Boynton Beach Code section cited and moved to order that the Respondent correct the violations on or before December 31, 2009. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $200 per day for each day the violation continues past December 31, 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 #09-3256 Ichemique & Selita Rene Location: 2451 NE 1st Lane Violation(s): CO CH13 SEC. 13-16 Business Tax Receipt required to rent residence. Officer Cain presented the case as contained in the staff report. The recommendation was to give 15 days to comply. Motion Based on the testimony and evidence presented in Case #09-3256, Mr. LaTour moved that this Board find that Ichemique & Selita Reneare in violation of the City of Boynton Beach Code section cited and moved to order that the Respondents correct the violation on or before December 31, 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 December 31, 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 18 Meeting Minutes Code Compliance Board Meeting Boynton Beach, FL December 16, 2009 arrange for re-inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. Case #09-3357 Lucienne & Fresnel Osirus Location: 3039 Grove Rd. Violation(s): CO CH13 SEC. 13-16 LDR CH2 SEC. 5(E) (1) Stop work. Auto repair work not permitted in residential zoning district. Business Tax Receipt required to rent residence. Officer Cain presented the case as contained in the staff report. The recommendation was to issue a Cease and Desist for the auto repair. Motion Based on the testimony and evidence presented in Case #09-3357, Mr. LaTour moved that a Cease and Desist Order (auto repair) be issued giving Lucienne & Fresnel Osirus until December 26, 2009 to bring the violation(s) of City of Boynton Beach Code sections as cited into compliance. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that a fine in the amount of $250 per occurrence of the violation thereafter shall be imposed upon the Respondents. Mr. Karageorge seconded the motion that passed unanimously. The following motion pertained to the Business Tax Receipt: Motion Based on the testimony and evidence presented in Case #09-3357, Mr. LaTour moved that this Board find that Lucienne & Fresnel Osirusare in violation of the City of Boynton Beach Code section cited (Business Tax Receipt) and moved to order that the Respondents correct the violation on or before December 31, 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 December 31, 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. 19 Meeting Minutes Code Compliance Board Meeting Boynton Beach, FL December 16, 2009 Vote It was noted the Respondent was a repeat offender. Mr. LaTour amended his motion to $150 per day. Mr. LaRock agreed to the amendment. A vote was taken and unanimously passed. Case #09-3443 Everhome Mortgage Co. Location: 281 NE 27th Avenue Violation(s): CO CH10 ORD. 09-040 Inc. Foreclosed properties must be registered by the lender with the City. Mow ovegrown yard and trim overgrown vegetation. Officer Cain presented the case as contained in the staff report. The recommendation was to give 15 days to comply. Motion Based on the testimony and evidence presented in Case #09-3443, Vice Chair Yerzy moved that this Board find that Everhome Mortgage Co.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 December 31, 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 December 31, 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 #09-3487 Gerard J. Cothias Location: 50 Bentwater Circle Violation(s): CO CH13 SEC. 13-16 Business Tax Receipt required to rent residence. Officer Cain presented the case as contained in the staff report. The recommendation was to give 15 days to comply. Motion Based on the testimony and evidence presented in Case #09-3487, Mr. LaRock moved that this Board find that Gerard J. Cothias is in violation of the City of Boynton Beach Code section cited and moved to order that the Respondent correct the violation on or 20 Meeting Minutes Code Compliance Board Meeting Boynton Beach, FL December 16, 2009 before December 31, 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 December 31, 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 #09-3496 U.S. Bank National Association Location: 2891 NE 4th Street Violation(s): CO CH10 ORD. 09-040 Inc. CO CH 15 SEC. 15-120(D) Inc Foreclosed property must be registered by the lender with the City. Mow overgrown yard, trim overgrowth. Remove trash and debris. Officer Cain presented the case as contained in the staff report. The recommendation was to give 15 days to comply. Motion Based on the testimony and evidence presented in Case #09-3496, Ms. Carroll moved that this Board find that U.S. Bank National Associationis in violation of the City of Boynton Beach Code sections cited and moved to order that the Respondent correct the violations on or before December 31, 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 December 31, 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 #09-3497 Deutsche Bank National Trust Location: 2801 NE 4th Street Violation(s): CO CH10 ORD. 09-040 Inc. CO CH 15 SEC. 15-120(D) Inc Foreclosed property must be registered by the lender with the City. Mow overgrown yard, trim overgrowth. Remove trash and debris. 21 Meeting Minutes Code Compliance Board Meeting Boynton Beach, FL December 16, 2009 Officer Cain presented the case as contained in the staff report. The recommendation was to give 15 days to comply. Motion Based on the testimony and evidence presented in Case #09-3497, Vice Chair Yerzy moved that this Board find that Deutsche Bank National Trustis in violation of the City of Boynton Beach Code sections cited and moved to order that the Respondent correct the violations on or before December 31, 2009. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $200 per day for each day the violations continue past December 31, 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 #09-3541 Eugenio Negron Location: 3221 Orange St. Violation(s): CO CH15 SEC. 15-120(B) 2IN Trim trees to be at least 12 feet up off sidewalk and street to meet Code. Officer Cain presented the case as contained in the staff report. The recommendation was to give 15 days to comply. Motion Based on the testimony and evidence presented in Case #09-3541, Mr. LaRock moved that this Board find that Eugenio Negronis in violation of the City of Boynton Beach Code section cited and moved to order that the Respondent correct the violation on or before December 31, 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 December 31, 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. Mr. Foot left the meeting at 8:56 p.m. Case #09-3390 Countywide Home Loans Location: 1613 NE 4th Street 22 Meeting Minutes Code Compliance Board Meeting Boynton Beach, FL December 16, 2009 Violation(s): CO CH10 ORD. 09-040 Inc. CO CH 15 SEC. 15-120(D) Inc Foreclosed property must be registered by the lender with the City. Mow overgrown yard, trim overgrowth. Officer Luney presented the case as contained in the staff report. The recommendation was to give 10 days to comply. Motion Based on the testimony and evidence presented in Case #09-3390, Mr. Karageorge moved that this Board find that Countywide Home Loansis in violation of the City of Boynton Beach Code sections cited and moved to order that the Respondent correct the violations on or before December 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 December 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 passed 6-0 (Mr. LaTour abstaining). A copy of Mr. LaTour’s Voting Conflict Form 8B is on file in the office of the City Clerk. Case #09-3452 Della R. Hollis Dames Location: 1624 NE 2nd Ct. Violation(s): CO CH15 SEC. 15-120(D) Inc. Mow and trim overgrowth in yard. Officer Luney presented the case as contained in the staff report. The recommendation was to give 10 days to comply. Motion Based on the testimony and evidence presented in Case #09-3452, Mr. LaRock moved that this Board find that Della R. Hollis Dames 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 December 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 $100 per day for each day the violation continues past December 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- 23 Meeting Minutes Code Compliance Board Meeting Boynton Beach, FL December 16, 2009 inspection of the property to verify compliance with this Order. Vice Chair Yerzy seconded the motion that unanimously passed. Case #09-3469 U.S. Bank National Association Location: 111 NE 17th Avenue Violation(s): CO CH10 ORD. 09-040 INC. Foreclosed property must be registered by the lender with the City. Mow and trim overgrowth in yard. Officer Luney presented the case as contained in the staff report. The recommendation was to give 10 days to comply. Motion Based on the testimony and evidence presented in Case #09-3469, Mr. Karageorge moved that this Board find that U.S. Bank National Association 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 December 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 December 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. Vote There was discussion 15 days would be more appropriate. Mr. Karageorge amended his motion to reflect a compliance date of December 31, 2009. Mr. LaRock agreed to the amendment. A vote was taken and unanimously passed. Case #09-3485 U.S. Bank National Association Location: 324 NE 15th Ct. Violation(s): CO CH10 ORD. 09-040 INC. Foreclosed property must be registered by the lender with the City. Mow and trim overgrowth in yard. Officer Luney presented the case as contained in the staff report. The recommendation was to give 15 days to comply. 24 Meeting Minutes Code Compliance Board Meeting Boynton Beach, FL December 16, 2009 Motion Based on the testimony and evidence presented in Case #09-3485, Vice Chair Yerzy moved that this Board find that U.S. Bank National Association 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 December 31, 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 December 31, 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 #09-3486 Wachovia Mortgage FSB Location: 400 NE 15th Ct. Violation(s): CO CH10 ORD. 09-040 INC. Foreclosed property must be registered by the lender with the City. Mow and trim overgrowth in yard. Officer Luney presented the case as contained in the staff report. The recommendation was to give 15 days to comply. Motion Based on the testimony and evidence presented in Case #09-3486, Mr. LaRock moved that this Board find that Wachovia Mortgage FSB 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 December 31, 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 December 31, 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 #09-3493 CitiMortgage Inc. Location: 706 Ocean Inlet Drive Violation(s): CO CH10 ORD. 09-040 INC. Foreclosed property must be registered by the lender with the 25 Meeting Minutes Code Compliance Board Meeting Boynton Beach, FL December 16, 2009 City. Mow and trim overgrowth in yard. Officer Luney presented the case as contained in the staff report. The recommendation was to give 15 days to comply. Motion Based on the testimony and evidence presented in Case #09-3493, Vice Chair Yerzy moved that this Board find that CitiMortgage Inc.is in violation of the City of Boynton Beach Code section cited and moved to order that the Respondent correct the violation on or before December 31, 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 December 31, 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 #09-3442 Harbor Cay LLC Location: 605 Lakeside Harbor Violation(s): CO CH10 SEC. 10-56(B) CO CH 10 SEC.10-56(G) John Herring , Code Officer presented the case as contained in the staff report. The recommendation was to give 10 days to comply. Motion Based on the testimony and evidence presented in Case #09-3442, Mr. LaRock moved that this Board find that Harbor Cay LLCis in violation of the City of Boynton Beach Code section cited and moved to order that the Respondent correct the violation on or before December 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 $100 per day for each day the violation continues past December 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. Vice Chair Yerzy seconded the motion that unanimously passed. Case #09-3545 Anand Patel LLC Location: 2201 S. Federal Hgwy Violation(s): CO CH10 SEC. 10-56(B)(D)(G) 26 Meeting Minutes Code Compliance Board Meeting Boynton Beach, FL December 16, 2009 Repair broken window. Mow, weed and trim property. Remove trash and debris. Officer Herring presented the case as contained in the staff report. The recommendation was to give 10 days to comply. It was noted the Respondent was a repeat violator. Motion Based on the testimony and evidence presented in Case #09-3545, Mr. Karageorge moved that this Board find that Anand Patel LLCis in violation of the City of Boynton Beach Code sections cited and moved to order that the Respondent correct the violations on or before December 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 $500 per day for each day the violations continue past December 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 #09-2512 Boynton JCP Associates Ltd Location: 801 N. Congress Ave. 733 Violation(s): BBA FBC ’07 ED. 105.1 Secure building permits for remodel to unit 733. Red Tagged. Officer Lewis presented the case as contained in the staff report. The recommendation was to give 60 days to comply. Motion Based on the testimony and evidence presented in Case #09-2512, Mr. LaTour moved that this Board find that Boynton JCP Associates Ltdis in violation of the City of Boynton Beach Code section cited and moved to order that the Respondent correct the violation on or before February 14, 2010. 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 February 14, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Vice Chair Yerzy seconded the motion that unanimously passed. 27 Meeting Minutes Code Compliance Board Meeting Boynton Beach, FL December 16, 2009 Case #09-3382 Amson Cetoute & Rolande Lovinsky Location: 8052 Stirrup Cay Ct. Violation(s): CO CH13 SEC. 13-16 Business Tax Receipt required for rental property. Officer Lewis presented the case as contained in the staff report. The recommendation was to give 15 days to comply. Motion Based on the testimony and evidence presented in Case #09-3382, Mr. Karageorge moved that this Board find that Amson Cetoute & Rolande Lovinsky are violation of the City of Boynton Beach Code section cited and moved to order that the Respondents correct the violation on or before December 31, 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 December 31, 2009 plus administrative costs shall be imposed. The Respondent 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 #09-3396 Lottie Burgess Location: 401 NW 2nd St Violation(s): CO CH15 SEC. 15-120(D) INC. Remove unregistered/inoperable vehicle from property. Mike Melillo , Senior Code Officer presented the case as contained in the staff report. The recommendation was to give 10 days to comply. Motion Based on the testimony and evidence presented in Case #09-3396, Mr. LaRock moved that this Board find thatLottie Burgess 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 December 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 $100 per day for each day the violation continues past December 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 28 Meeting Minutes Code Compliance Board Meeting Boynton Beach, FL December 16, 2009 the property to verify compliance with this Order. Vice Chair Yerzy seconded the motion that unanimously passed. Case #09-3415 Helena Maarit Forsbom Huovinen Location: 217 NW 3rd Ave. Violation(s): CO CH10 SEC. 19-56(D) Weed driveway, mow grass. Install four-inch numbers on home visible from street. Officer Melillo presented the case as contained in the staff report. The recommendation was to give 10 days to comply. Motion Based on the testimony and evidence presented in Case #09-3415, Mr. LaRock moved that this Board find that Helena Maarit Forsbom Huovinen is in violation of the City of Boynton Beach Code section cited and moved to order that the Respondent correct the violations on or before December 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 $100 per day for each day the violations continue past December 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 #09-3351 Mark Veen Location: 2420 SW 4th St. Violation(s): LDR CH2 SEC 5(D)1 Outside storage not permitted in residential zoning district. Officer Pierre presented the case as contained in the staff report. The recommendation was to give 10 days to comply. Motion Based on the testimony and evidence presented in Case #09-3351, Vice Chair Yerzy moved that this Board find that Mark Veen 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 December 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 29 Meeting Minutes Code Compliance Board Meeting Boynton Beach, FL December 16, 2009 amount of $200 per day for each day the violation continues past December 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 #09-3360 Seacrest Trust Location: 3612 S. Seacrest Blvd. Violation(s): CO CH10 SEC. 15-120(D) Inc. Mow and trim hedges. Remove trash and debris. Officer Pierre presented the case as contained in the staff report. The recommendation was to give 10 days to comply. Motion Based on the testimony and evidence presented in Case #09-3360, Mr. LaTour moved that this Board find that Seacrest Trust is in violation of the City of Boynton Beach Code section cited and moved to order that the Respondent correct the violations on or before December 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 $100 per day for each day the violations continue past December 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. Vice Chair Yerzy seconded the motion that unanimously passed. Case #09-3372 Elcius Monaille Location: 190 SE 27th Avenue Violation(s): CO CH10 SEC. 15-120(D) Inc. CO CH13 Sec. 13-16 Mow and trim hedges. Business Tax Receipt required to rent residence. Officer Pierre reported this case had complied. Case #09-3388 Wells Fargo Bank Location: 118 SE 29th Avenue Violation(s): CO CH10 ORD. 09-040 Inc. Foreclosed property must be registered by the lender with the City. Mow yard and trim hedges. 30 Meeting Minutes Code Compliance Board Meeting Boynton Beach, FL December 16, 2009 Pool must be kept in sanitary condition. Officer Pierre presented the case as contained in the staff report. The recommendation was to give 10 days to comply. Motion Based on the testimony and evidence presented in Case #09-3388, Ms. Carroll moved that this Board find thatWells Fargo Bank is in violation of the City of Boynton Beach Code section cited and moved to order that the Respondent correct the violations on or before December 31, 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 violation scontinue past December 31, 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. Vote Ms. Carroll amended her motion to reflect a fine of $500 per day due to the condition of the pool. Vice Chair Yerzy seconded the amendment. A vote was taken and unanimously passed. Case #09-3450 Michael P. Jablonsky Location: 718 SW 24th Avenue Violation(s): CO CH10 SEC. 15-120(D) Inc. CO CH20 Sec. 20-6 CO CH13 Sec. 13-16 Two recreational vehicles allowed on property. Remove others. Repair driveway. Remove unregistered/inoperable vehicles. Business Tax Receipt required to rent residence. Officer Pierre presented the case as contained in the staff report. The recommendation was to give 15 days to comply. Motion Based on the testimony and evidence presented in Case #09-3450, Ms. Carroll moved that this Board find that Michael P. Jablonsky is in violation of the City of Boynton Beach Code sections cited and moved to order that the Respondent correct the violations on or 31 Meeting Minutes Code Compliance Board Meeting Boynton Beach, FL December 16, 2009 Code sections cited and moved to order that the Respondent cqrrect the violations on or before December 31, 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 December 31, 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 #09-3504 Location: Violation(s): Wells Fargo Bank 714 SW 24th Avenue CO CH10 ORD. 09-040 INC. Foreclosed property must be registered by the lender with the City. Mow yard and trim hedges. Weed yard and remove inoperable/unregistered vehicles. Officer Pierre presented the case as contained in the staff report. The recommendation was to give 10 days to comply. Motion Based on the testimony and evidence presented in Case #09-3504, Mr. LaTour moved that this Board find that Wells Fargo Bank is in violation of the City of Boynton Beach Code section cited and moved to order that the Respondent correct the violations on or before December 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 December ~ 31 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 #09-3459 Location: Violation(s): Wachovia Mortgage Co. 644 NW 1 st Avenue CO CH1 0 ORD. 09-040 INC. CO CH10 Sec. 10-56(A)(B)(C)(D) Foreclosed property must be registered by the lender with the City. Mow yard and trim hedges. Replace or repair front security door, garage door. Repair 32 Meeting Minutes Code Compliance Board Meeting Boynton Beach, FL December 16, 2009 and cover pool or repair. Repair fence so public cannot enter premises. Remove trash and debris. Officer Roy reported this case was removed from the agenda. Case #09-3558 Celord Barbier Location: 464 SW 1st Avenue Violation(s): LDR CH2 Sec. 5(D)(1) Remove all outside storage from the property. Officer Roy presented the case as contained in the staff report. The recommendation was to give 10 days to comply. Motion Based on the testimony and evidence presented in Case #09-3558, Mr. LaRock moved that this Board find that Celord Barbier 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 December 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 $100 per day for each day the violation continues past December 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 #09-3561 Faustin Cileus & Jeanne Resilen Location: 465 SW 2nd Avenue Violation(s): CO CH10 SEC. 10-56(D) Building damaged by fire. Secure dwelling at all openings. Officer Roy presented the case as contained in the staff report. The recommendation was to give 10 days to comply. Motion Based on the testimony and evidence presented in Case #09-3561, Mr. Karageorge moved that this Board find that Faustin Cileus & Jeanne Resilen are in violation of the City of Boynton Beach Code section cited and moved to order that the Respondents 33 Meeting Minutes Code Compliance Board Meeting Boynton Beach, FL December 16, 2009 correct the violation on or before December 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 $250 per day for each day the violation continues past December 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. Vice Chair Yerzy seconded the motion that unanimously passed. Case #09-3362 Deutsche Bank National Trust Co. Location: 240 NE 13th Avenue Violation(s): CO CH10 ORD. 09-040 Foreclosed property must be registered by the lender annually with the City. Remove outside storage of refrigerator and vehicle. Officer Webb presented the case as contained in the staff report. The recommendation was to give 10 days to comply. Motion Based on the testimony and evidence presented in Case #09-3362, Mr. LaTour moved that this Board find that Deutsche Bank National Trust Co. is in violation of the City of Boynton Beach Code section cited and moved to order that the Respondent correct the violations on or before December 31, 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 December 31, 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 #09-3523 Kyle Smith & Katherine Joyce Location: 647 South Rd. Violation(s): CO CH15 SEC. 15-120(D) INC. Mow and trim property. Remove trash and debris, and outside storage of items not being used. See list of items allowed in yard. 34 Meeting Minutes Code Compliance Board Meeting Boynton Beach, FL December 16, 2009 Officer Webb presented the case as contained in the staff report. The recommendation was to give 10 days to comply. Motion Based on the testimony and evidence presented in Case #09-3523, Mr. LaRock moved that this Board find that Kyle Smith & Katherine Joyceare in violation of the City of Boynton Beach Code section cited and moved to order that the Respondents correct the violations on or before December 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 $200 per day for each day the violations continue past December 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. Karageorge seconded the motion that unanimously passed. Case #09-3530 Kyle Smith & Katherine Joyce Location: 647 South Road Violation(s): BBA FBC ’04 105.1.1 Expired permit. Red Tagged. Obtain new contractor. Officer Webb presented the case as contained in the staff report. The recommendation was to give 10 days to comply. Motion Based on the testimony and evidence presented in Case #09-3530, Mr. Karageorge moved that this Board find that Kyle Smith & Katherine Joyceare in violation of the City of Boynton Beach Code section cited and moved to order that the Respondents correct the violation on or before December 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 December 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. Vice Chair Yerzy seconded the motion that unanimously passed. Case #09-3554 Stephen & Laura Gallagher Location: 801 South Road Violation(s): CHP. 13 ART. 1 SEC. 13-16 Business Tax Receipt required to rent residence. 35 Meeting Minutes Code Compliance Board Meeting Boynton Beach, FL December 16, 2009 Officer Webb presented the case as contained in the staff report. The recommendation was to give 10 days to comply. Motion Based on the testimony and evidence presented in Case #09-3554, Mr. LaTour moved that this Board find that Stephen & Laura Gallagher 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 December 26, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondent sand 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 December 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. Karageorge seconded the motion that unanimously passed. Officer Webb recommended the following cases be certified at $50 per day: Case #09-2168 Nelson N. Pinzon 503 Meadows Circle Motion Based on the testimony and evidence presented in Case #09-2168, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated September 16, 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 #09-2174 Nadeem Awad & Michael Manier 513 Meadows Circle Motion Based on the testimony and evidence presented in Case #09-2174, Ms. Carroll moved that this Board find that the Respondents have not complied with this Board's Order dated September 16, 2009, and having considered the gravity of the violations, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $50 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. Karageorge seconded the motion that unanimously passed. 36 Meeting Minutes Code Compliance Board Meeting Boynton Beach, FL December 16, 2009 Case #09-2187 James V. & Deborah Gormly 601 Meadows Circle Motion Based on the testimony and evidence presented in Case #09-2187, Ms. Carroll moved that this Board find that the Respondents have not complied with this Board's Order dated September 16, 2009, and having considered the gravity of the violations, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $50 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. Karageorge seconded the motion that unanimously passed. Case #09-2254 Marc B. Rock 716 Meadows Circle Motion Based on the testimony and evidence presented in Case #09-2254, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated September 16, 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 #09-2257 Whittington Bowers 714 Meadows Circle Motion Based on the testimony and evidence presented in Case #09-2257, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated October 21, 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 #09-2285 Marc B. Rock 1207 Meadows Circle Motion Based on the testimony and evidence presented in Case #09-2258, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated September 16, 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 37 Meeting Minutes Code Compliance Board Meeting Boynton Beach, FL December 16, 2009 comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Karageorge seconded the motion that unanimously passed. Case #09-2291 Stuart J. Levy 1214 Meadows Circle Motion Based on the testimony and evidence presented in Case #09-2291, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated October 21, 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 #09-2297 John Soogrim 1218 Meadows Circle Motion Based on the testimony and evidence presented in Case #09-2297, Ms. Carroll moved that this Board find that the Respondents has have not complied with this Board's Order dated October 21, 2009, and having considered the gravity of the violations, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $50 per day plus administrative costs which shall continue to accrue until the Respondents comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Karageorge seconded the motion that unanimously passed. Case #09-2543 Tina D. Connan 1406 Meadows Circle Motion Based on the testimony and evidence presented in Case #09-2543, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated October 21, 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 #09-2637 Alex Kolovyansky 1003 Meadows Circle Motion Based on the testimony and evidence presented in Case #09-2637, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated 38 Meeting Minutes Code Compliance Board Meeting Boynton Beach, FL December 16, 2009 October 21, 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 #09-2794 David & Jessica Feldan 1736 Meadows Circle Motion Based on the testimony and evidence presented in Case #09-2794, Ms. Carroll moved that this Board find that the Respondents have not complied with this Board's Order dated October 21, 2009, and having considered the gravity of the violations, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $50 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. Karageorge seconded the motion that unanimously passed. Case #09-2795 Edward Castagna 1733 Meadows Circle Motion Based on the testimony and evidence presented in Case #09-2795, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated October 21, 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 #09-1245 Abdul M & Farhana Baten 2580 SW 14th Ct. 29G Motion Based on the testimony and evidence presented in Case #09-1245, Ms. Carroll moved that this Board find that the Respondents have not complied with this Board's Order dated August 19, 2009, and having considered the gravity of the violations, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $50 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. Karageorge seconded the motion that unanimously passed. 39 Meeting Minutes Code Compliance Board Meeting Boynton Beach, FL December 16, 2009 Case #09-1629 Enante Delhomme 2553 SW 10th St. Motion Based on the testimony and evidence presented in Case #09-1629, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated September 16, 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. The following cases were recommended to be certified at $100 per day: Case #09-2052 Victor Herrera & Zulma Sevilla 415 Meadows Circle Motion Based on the testimony and evidence presented in Case #09-2052, Mr. LaTour moved that this Board find that the Respondents have not complied with this Board's Order dated August 19, 2009, and having considered the gravity of the violations, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case #09-2058 Kemeisha Whyte 403 Meadows Circle Motion Based on the testimony and evidence presented in Case #09-2058, Mr. LaTour 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 violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case #09-2104 Richard Gordon 211 Meadows Circle Motion Based on the testimony and evidence presented in Case #09-2104, Mr. LaTour 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 violations, the actions taken 40 Meeting Minutes Code Compliance Board Meeting Boynton Beach, FL December 16, 2009 by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case #09-2108 Anne Russo 205 Meadows Circle Motion Based on the testimony and evidence presented in Case #09-2108, Mr. LaTour 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 violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case #09-2541 Gordon W. Bartlett 1402 Meadows Circle Motion Based on the testimony and evidence presented in Case #09-2541, Mr. LaTour moved that this Board find that the Respondent has not complied with this Board's Order dated October 21, 2009, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case #09-2918 Rafael Lopez & Ana B. Galvez 168 SE 31st Avenue Motion Based on the testimony and evidence presented in Case #09-2918, Mr. LaTour moved that this Board find that the Respondents have not complied with this Board's Order dated October 21, 2009, and having considered the gravity of the violations, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. The following case was recommended to be certified at $150 per day: Case #09-2173 Eric L. Brodsky & Gustavo Benjamini 518 Meadows Circle 41 Meeting Minutes Code Compliance Board Meeting Boynton Beach, FL December 16, 2009 Motion Based on the testimony and evidence presented in Case #09-2173, Mr. LaTour moved that this Board find that the Respondents have not complied with this Board's Order dated September 16, 2009, and having considered the gravity of the violations, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $150 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. The following cases were recommended to be certified at “No Fine”: Case #09-812 Michael J. & Jane A. Morris 921 SW 34th Avenue Motion Based on testimony and evidence presented in Case #09-812, Mr. Karageorge moved that this Board find that the Respondents, Michael J. & Jane A. Morris were in violation of the City of Boynton Beach Code sections as cited subsequent to the date of compliance specified in the Board's Order of May 20, 2009, and in consideration of the gravity of the violations and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents, that this Board impose and certify “No Fine.” Ms. Carroll seconded the motion that unanimously passed. Case #09-2406 Ronald Milman 620 Meadows Circle Motion Based on testimony and evidence presented in Case #09-2406, Mr. Karageorge moved that this Board find that the Respondent, Ronald Milman 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 September 16, 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.” Ms. Carroll seconded the motion that unanimously passed. Case #09-2533 Alexander Kaiser 1006 Meadows Circle Motion Based on testimony and evidence presented in Case #09-2533, Mr. Karageorge moved that this Board find that the Respondent, Alexander Kaiser 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 October 21, 2009, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the 42 Meeting Minutes Code Compliance Board Meeting Boynton Beach, FL December 16, 2009 previous violations of the Respondent, that this Board impose and certify “No Fine.” Ms. Carroll seconded the motion that unanimously passed. Case #09-1565 Marie Theragene 153 SE 31st Avenue Motion Based on testimony and evidence presented in Case #09-1565, Mr. Karageorge moved that this Board find that the Respondent, Alexander Theragene 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 July 15, 2009, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify “No Fine.” Ms. Carroll seconded the motion that unanimously passed. The following cases were recommended to have foreclosure proceedings instituted: Case #97-1086 Diane R. Copeland Tr. 902 S. Seacrest Blvd. Motion Case #97-1086, Mr. Karageorge moved to foreclose. Vice Chair Yerzy seconded the motion that unanimously passed. Case #98-3641 Diane R. Copeland Tr. 902 S. Seacrest Blvd. Motion Case #98-3641, Vice Chair Yerzy moved to foreclose. Mr. LaRock seconded the motion that unanimously passed. Case #03-463 Diane R. Copeland Tr. 902 S. Seacrest Blvd. Motion Case #03-463, Vice Chair Yerzy moved to foreclose. Mr. LaRock seconded the motion that unanimously passed. Case #07-533 Diane R. Copeland Tr. 902 S. Seacrest Blvd. Motion Case #07-533, Vice Chair Yerzy moved to foreclose. Mr. LaRock seconded the motion that unanimously passed. 43 Meeting Minutes Code Compliance Board Meeting Boynton Beach, FL December 16, 2009 Case #08-3408 Diane R. Copeland Tr. 902 S. Seacrest Blvd. Motion Case #08-3408, Vice Chair Yerzy moved to foreclose. Mr. LaRock seconded the motion that unanimously passed. Case #09-325 Diane R. Copeland Tr. 902 S. Seacrest Blvd. Motion Case #09-325, Vice Chair Yerzy moved to foreclose. Mr. LaRock seconded the motion that unanimously passed. Attorney Alexander explained two cases were pulled from the agenda and needed a motion to dismiss. These were: Case #09-3372 Elcius Monaille Location: 190 SE 27th Avenue Violation(s): CO CH10 SEC. 15-120(D) Inc. (CO CH13 Sec. 13-16 Mow and trim hedges. Business Tax Receipt required to rent residence. Motion Ms. Carroll moved to dismiss. Mr. Karageorge seconded the motion that unanimously passed. Case #09-3459 Wachovia Mortgage Co. Location: 644 NW 1st Avenue Violation(s): CO CH10 ORD. 09-040 INC. CO CH10 Sec. 10-56(A)(B)(C)(D) Foreclosed property must be registered by the lender with the City. Mow yard and trim hedges. Replace or repair front security door, garage door. Repair gutters in rear of property. Drain and cover pool or repair. Repair fence so public cannot enter premises. Remove trash and debris. 44 Meeting Minutes Code Compliance Board Meeting Boynton Beach, FL December 16, 2009 Motion Ms. Carroll moved to dismiss. Vice Chair Yerzy seconded the motion that unanimously passed. Attorney Alexander also explained a workshop should be set. She elaborated it would not be appropriate where they set a standard fine of a standard case. She clarified the Board was bound to the facts and evidence and must act individually for each case as it stands on its own merit. She noted a standard fine could not be used for the type of violation, although one could be used for repeat violators. On another matter, it was requested the Legal staff be approached to create a specific motion for foreclosures. Attorney Alexander explained when they move for foreclosure, it was an action to move the case forward to the City Commission for action. Chair Costantino also expressed the Board needs additional information when addressing matters having "Red Tags." Mr. Blasie agreed to convey the information to the Building Department. Adiournment There being no further business before the Board, the meeting properly adjourned at 9:27 p.m. ..~ LLL/J}~,'V,-( ~I /Llt;veJ Catherine Cherry 0 Recording Secretary 45