Loading...
Minutes 11-18-09 MINUTES OF THE CODE COMPLIANCE BOARD MEETNG HELD ON WEDNESDAY, NOVEMBER 18, 2009, AT 7:00 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Scott Blasie, Code Compliance Administrator Richard Yerzy, Vice Chair Jamila Alexander, Assistant City Attorney Robert Foot Mark Karageorge (arrived at 6:40 p.m.) Kirk LaRock Jamie LaTour James Brake, Alternate ABSENT : Kathleen Carroll I. Call to Order Chair Costantino called the meeting to order at 6:32 p.m. II. Approval of the August 19, 2009 and September 16, 2009 Minutes Motion Mr. Foot moved to approve the minutes as amended. Vice Chair Yerzy seconded the motion that passed unanimously. III. Approval of Agenda Skip Lewis, Senior Code Officer, reported the following: Staff requested Case #07-3227 be tabled to January 20, 2010. Motion Mr. Foot so moved. Mr. LaTour seconded the motion that unanimously passed. Case #09-3246 was removed. Case #09-3249 had complied. 1 Meeting Minutes Code Compliance Board Boynton Beach, FL November 18, 2009 Case #09-3251 was removed. Case #09-3255 was removed Case #09-3256 was removed Case #09-3266 had complied. Case #09-3299 had complied. Staff recommended Case #09-3190 be tabled to January 20, 2010. Motion Mr. Foot so moved. Mr. LaTour seconded the motion that unanimously passed. Case #09-3302 had complied. Motion Mr. Foot moved to approve the agenda. Vice Chair Yerzy seconded the motion that unanimously passed. IV. Swearing in of Witnesses and Introduction Chair Costantino announced Attorney Tolces had a surgical procedure and was recovering nicely. Attorney Alexander explained the hearing procedures and administered the oath to all who would testify. Officer Lewis called the roll to determine who was present. Case #09-2124 Robert T. Jr. & Darlene M. Post Location: 710 NE 7th St. 405 Violation(s): CO CH10 SEC.10-56(A)(D) Structures exterior shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare, and shall be free from deterioration. Repair or remove dilapidated boat dock. Willie Webb , Senior Code Officer, presented the case and reviewed the details of the violations. Written notice was provided giving 10 days to cure the violation. Certified 2 Meeting Minutes Code Compliance Board Boynton Beach, FL November 18, 2009 mail was sent October 3, 2009 and was signed on December 5, 2009. Service had been effectuated by posting a notice at the property on November 4, 2009. Regular mail was sent on July 2, 2009. Staff met with Ms. Post on two occasions and she was present. Darlene Post , 2581 Hypoluxo Road, Lantana pled no contest. She indicated she had a contract on the property and was set for closing at the end of December. The buyer would remove and replace the dock. She requested a minimum of 90 days. Officer Webb distributed photos to the Board. The ownership of the dock was in question. Part of the sales agreement indicated they were buying the water rights and the dock and the new owner was informed he had to remove the dock. The purchaser was advised it would be easier to leave the dock so they would know what they were replacing as opposed to having nothing there. The dock was secured with a padlock on the fence and there were “No Trespassing” signs. Access could only be obtained by jumping the fence or via another dock and through the water. There were “No Trespassing” signs all the way around. Permits would be required. Attorney Alexander advised the owner has the obligation to inform the buyer of the property violation. The requirement to comply with the order runs with the property. It was noted 90 days would be well past the closing date. If the sale did not occur, the responsibility to cure the violation would remain with Ms. Post as if there never had been a contract. Chair Costantino felt the dock was a danger and thought 90 days was too long. With having the sale and then the owner having to obtain permits, another 90 days would be needed. Motion Based on the testimony and evidence presented in Case #09-2124, Mr. Karageorge moved that this Board find that Robert T. Jr. & Darlene M. Postare in violation of the City of Boynton Beach Code sections cited and moved to order that the Respondents correct the violations on or before January 2, 2010. 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 January 2, 2010 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 passed 4-3 (Chair Costantino and Messrs. Foot and Brake dissenting.) Case #09-3419 Marcia J. Osowsky Location: 730 NE 20th Lane 3 Meeting Minutes Code Compliance Board Boynton Beach, FL November 18, 2009 Violation(s): 1 CO CH4 SEC. 4-32 1 CO CH4 SEC 4-36 Secure dog humanely to owner’s property at all times or on a leash when dog is off of owner’s property. Dog named “Missy” must have a current tag and registration with Palm Beach County. Liz Roehrich , Animal Control Supervisor, reviewed the details of the case as contained in the staff report. The case arose from multiple citizen complaints. During the initial inspection, on April 30, 2009, the Respondent was issued a citation due to Animal Control receiving multiple notarized nuisance animal affidavits and followed that process. The case was an ongoing matter. The dog is a friendly dog, but the dog runs loose without a leash and there have not been many attempts to correct those violations. Staff issued the citation in April 2009 for a first offense and a citation was issued on June 12, 2009 when a citizen flagged Animal Control down to advise the dog was running lose at Boat Club Park. On July 21, 2009, the respondent was again cited because they had other evidence the dog was continuing to run loose. Staff was requesting a Cease and Desist Order. As to the license and tag, staff recommended allowing 10 days to obtain the paperwork. Multiple witnesses were available to testify and provide photos of the violation. Marcia Joy Osowsky , 730 NE 20th Lane, pled no contest. The dog was obtained in the beginning of February. It was a puppy and she was in training. She tries to keep her within 10 feet of herself. She is doing everything she can to correct the violation. The dog stays and is well trained. Some of the witnesses also had a puppy guilty of the same issue. She wanted to abide but thought the matter was out of hand. The dog was completely vaccinated and the tag should arrive within a week. Ms. Osowsky was directed to provide proof to Ms. Roehrich, such as a receipt showing the tag had been applied for. Ms. Osowsky would obtain a copy of the receipt and go to Palm Beach County. Officer Roehrich advised the Respondent would comply with the tag, but had concerns about complying with the leash law. Motion Based on the testimony and evidence presented in Case #09-3419, Mr. Foot moved that a Cease and Desist Order be issued giving Marcia J. Osowsky until November 19, 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 Respondent, and any previous violations by the Respondent, and hereby orders 4 Meeting Minutes Code Compliance Board Boynton Beach, FL November 18, 2009 that a fine in the amount of $50 per reocurrence of the violation thereafter shall be imposed upon the Respondent. Mr. LaRock seconded the motion. Mr. Brake wanted to ascertain from the witnesses whether the dog was tame. Officer Roehrich advised the witnesses had valid testimony. Grandchildren had been knocked over and there was a dock involved in the case, which could easily create a safety hazard. The Respondent had been cited for her previous dog, which was now passed. Mr. Foot suggested tabling the motion until after testimony was heard. Ms. DeeAnn Hoffman , 742 NE 20th Lane, testified there was no control over the animal. It jumps and knocked her grandchildren almost off the dock. It was untrue the dog was within 10 feet of the Respondent. Ms. Hoffman testified the dog was a good dog and that she liked the dog. The dog was friendly but untamed. The dog scratched residents but did not bite. Additionally the dog enters neighbors’ yards. The dog is unattended. The Respondent leaves the back door open so the dog can enter and leave, but the yard is not fenced. It occurs in the common area. The dog was a shepherd mix that weighs about 30 pounds. Ms. Hoffman had photos she distributed to the Board. After confrontation, the right thing was done, but not consistently continued. Ms. Osowsky maintained the dog was on private property; however, it was ascertained the dog was on a runner, but often was unattended. The surrounding residents asserted the property was a common area and not private property. Chair Costantino noted the dog had not bitten anyone and if the dog did, the Animal Control Officer should be called who would open another case. Vote Mr. Foot called the question. That motion passed unanimously. The following motion pertained to the license. Motion Based on the testimony and evidence presented in Case #09-3419, Mr. Karageorge moved that this Board find that Marcia J. Osowsky is in violation of the City of Boynton Beach Code sections cited and moved to order that the Respondent correct the violations on or before November 28, 2009. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $150 per day for each day the violations continue past November 28, 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. 5 Meeting Minutes Code Compliance Board Boynton Beach, FL November 18, 2009 Case #09-2818 Daniel McElheran Location: 1829 Meadows Circle W. Violation(s): 1 CO CH13 SEC. 13-16 Business Tax Receipt required to rent residence. Courtney Cain , Code Compliance Officer, reviewed the details of the violation as contained in the staff report. The Respondent was present. Daniel McElheren , 3037 NW 63rd Street, Boca Raton, pled no contest and advised, to his knowledge, the property was lender owned. He had not had the property rented since November of 2007 and it was vacant. The property was foreclosed this past summer; however, the file did not indicate whether the property was vacant or not. Scott Blasie , Code Compliance Administrator, explained as of August 26, 2009, a printout from the Tax Collectors Office lists the property as owned by Mr. McElheran. Mr. McElheran testified he has not received a tax bill and explained if the structure could be verified as vacant, there would not be an issue. A water bill explained there was an outstanding water bill of about $380 that was still accruing in the name of Scott Granada Yorick, Jr. Motion Mr. Karageorge moved that Case #09-2818 be tabled until the Code Compliance Board meeting to be held on December 16, 2009. Mr. LaTour seconded the motion that unanimously passed. Case #09-1877 Jonas Romelus Location: 1619 NE 2nd Street Violation(s): BBA FBC ’07 ED. 105.1 Obtain a permit for new door, windows and canopy. Red Tagged. . Officer Cain reviewed the details of the violation as contained in the staff report. The case was a department referral. The canopy was removed. Jonas Romelus , 1619 NE 2nd Street, pled no contest. He advised he tried to correct the violation but the tenant had not paid rent in four months. Mr. Romelus explained, to date, it has cost him over $3,000. He was also advised there was a problem with the windows so he hired a licensed contractor. Mr. Romelus applied to the City for the permit and was advised the contractor did not renew the license. He called another contractor who advised he could not sign off on the work because another contractor did the work. He took the windows out but did not have the funds to reinstall them. Mr. Romelus requested 90 days to cure the violations. Officer Cain advised there were no 6 Meeting Minutes Code Compliance Board Boynton Beach, FL November 18, 2009 safety issues and indicated 120 days would be more appropriate. A new contractor would need to be hired to remove the work and reinstall it. Mr. Romelus also applied for the Business Tax.Receipt. The tenant was told to move out, but did not. It was suggested 60 days be given for a status report. The members discussed the amount of time to give and decided staff’s recommendation of 120 days would be appropriate. Motion Based on the testimony and evidence presented in Case #09-1877, Mr. Foot moved that this Board find that Jonas Romelus 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 March 18, 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 March 18, 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. LaRock seconded the motion that unanimously passed. Case #09-2909 High Ridge Properties 640 E. Ocean Ave. John Herring , Code Officer, was put under oath and presented the details of the case as contained in the staff report. On October 21, 2009, an order was issued to Cease and Desist by October 26, 2008 or incur a fine of $250. There was one occurrence noted in October 2009. The Respondent was present. Judy Stein , 2400 NE 1st Lane, testified each time an unpermitted sign was erected by the owner, they would be fined more than the $250. The owner, Anthony Calicchio, was aware of Ms. Stein speaking on his behalf. Attorney Alexander clarified the Board could hear testimony from Ms. Stein, with the understanding she was not representing the owner of the property but as a tenant. Officer Herring explained the owner of the property was aware of the Cease and Desist Order on the property and wanted Café Frankie’s to work it out with the City. Staff sent proper notification to the property owner, and they are aware of the action. Green cards were signed and sent back and the property was posted. The property owner was passing on the fine to the tenant. Motion Based on the testimony and evidence presented in Case #09-2909, 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 7 Meeting Minutes Code Compliance Board Boynton Beach, FL November 18, 2009 by the Respondent, that this Board impose and certify a fine in the amount of $250 per reoccurrence 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 #09-1581 Robert & Jeanine Mannweiler 3111 SE 1st St. Vestiguerne Pierre, Code Officer, reviewed the details of the violation as contained in the staff report. The Respondent was present. Mr. Mannweiler was present and requested 30 days to cure the violation. Mr. Mannweiler reported he was unaware a fine was running for the past 32 days. He advised there were two potholes in his driveway and he did not know anything about the fine. He reported he thought the fine would start to run today, not from the prior hearing. Officer Pierre advised he had spoken with him and the matter was ongoing. The Respondent had received extensions; however, he had not contacted staff since then. Mr. Mannweiler strongly opposed the fine and felt $3,200 for two potholes was inappropriate. Chair Costantino explained the fine was certified and a lien would be placed on the home. It was also suggested Mr. Mannweiler wait to hear the next case, which was a Lien Reduction, in order to better understand the procedures the Board used. Motion Mr. Foot moved to table the case until December 16, 2009. The motion died for lack of a second. Motion Based on the testimony and evidence presented in Case #09-1581, 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 violation, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. Case #08-542 Estiverne Vagunice 651 SW 2nd Ave. Mr. Blasie reviewed the details of the violation and distributed photos for the Board to review. The case involved an overgrown yard, a wooden fence in disrepair and trash and debris. The date and fine to comply was May 1, 2008 or $500 per day. Staff 8 Meeting Minutes Code Compliance Board Boynton Beach, FL November 18, 2009 confirmed compliance on June 25, 2008 having 55 days of noncompliance plus administrative costs. There were some outstanding water bills that were paid. Craig Peleg , 9711 Lago Drive, was the listing agent for the bank owned asset. They have a contract on the property and were scheduled to close as soon as the lien reduction was addressed. Mr. Blasie explained how the process worked and advised the Board’s decision was a recommendation to the City Commission regarding the reduction. Since funds are owed, the City Commission has the final say. The members discuss the fine amount. The fine was accruing during the short sale and then the bank took over the property. Mr. Peleg felt the fine should be punitive. The property appraiser’s printout coincided with the day it was cited and showed the Respondent as the owner. Attorney Alexander confirmed the fine ran with the land. Motion Based on testimony and evidence presented in Case #08-542, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board reduce the fines instituted in Case #08-542, by virtue of this Board's Order of April 16, 2008, to an amount of $5,634.12, including administrative costs. Mr. Brake seconded the motion that unanimously passed. Case #09-3094 Felix & Stella Gazul Location: 714 Presidential Dr. Violation(s): BBA FBC ’07 ED. 105.1 Permits required for boat lift, patio and balcony as noted in red tag. Luney Guillaume , Code Officer, reviewed the details of the violation. Staff recommended 10 days be given for compliance. Dan Icaro , Structural Inspector, was present. Chair Costantino thanked Mr. Icaro for attending the meeting. Mr. Icaro explained the Building Department received a complaint on August 5, 2009 from Code Compliance. There was a boat lift constructed without permits, the Respondents rebuilt the dock, extended the patio and built a balcony without permits. A 2005 aerial, compared to the present date were provided. The Respondents inhabited the dwelling and the City feels it is unsafe. There was electrical done, with electrical by the water. There was an unpermitted structure which should be permitted to accommodate exterior wind mitigation so debris does not blow into the surrounding residents. The homeowner was advised by Mr. Icaro that it was very important he attend the meeting. The property was also posted. Photos were distributed to the Board. There had been a dock on the property which was expanded. The aerials also show the boat lifts that were installed. 9 Meeting Minutes Code Compliance Board Boynton Beach, FL November 18, 2009 Motion Based on the testimony and evidence presented in Case #09-3094, Vice Chair Yerzy moved that this Board find that Felix and Stella Gazul are in violation of the City of Boynton Beach Code section cited and moved to order that the Respondents correct the violation on or before November 28, 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 $1,000 per day for each day the violation continues past November 28, 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 #09-2197 Peter & Kathleen Castagna Location: 605 Meadows Circle Violation(s): CO CH13 SEC. 13-16 Renting residence requires a Business Tax Receipt. Officer Cain reviewed the details of the violation. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-2197, Mr. Karageorge moved that this Board find that Peter & Kathleen Castagna 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 18, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past December 18, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. Case #09-2807 James & Connie Rodgers TR Location: 1801 Meadows Circle W Violation(s): CO CH13 SEC. 13-16 Business Tax Receipt required to rent residence. Officer Cain reviewed the details of the violation. Staff recommended 30 days be given for compliance. 10 Meeting Minutes Code Compliance Board Boynton Beach, FL November 18, 2009 Motion Based on the testimony and evidence presented in Case #09-2807, Mr. LaTour moved that this Board find that James & Connie Rodgers TR are in violation of the City of Boynton Beach Code section cited and moved to order that the Respondents correct the violation on or before December 18, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $250 per day for each day the violation continues past December 18, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case #09-2808 Richard Gordon Location: 1802 Meadows Circle W Violation(s): CO CH13 SEC. 13-16 Business Tax Receipt required to rent residence. Officer Cain reviewed the details of the violation. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-2808, Mr. LaRock moved that this Board find that Richard Gordonis 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 18, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $250 per day for each day the violation continues past December 18, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Brake seconded the motion that unanimously passed. Case #09-2812 James J. Heneghan Location: 1812 Meadows Circle W Violation(s): CO CH13 SEC. 13-16 Business Tax Receipt required to rent residence. Officer Cain reviewed the details of the violation. Staff recommended 30 days be given for compliance. 11 Meeting Minutes Code Compliance Board Boynton Beach, FL November 18, 2009 Motion Based on the testimony and evidence presented in Case #09-2812, Vice Chair Yerzy moved that this Board find that James J. Heneghanis 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 18, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $250 per day for each day the violation continues past December 18, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion. Vote There was discussion about the amount of the fine. Vice Chair Yerzy withdrew his motion and moved to change the fine to $100. Mr. LaRock seconded the motion that unanimously passed. Case #09-2813 Alex Rivera & Christy Carone Location: 1814 Meadows Circle W Violation(s): CO CH13 SEC. 13-16 Business Tax Receipt required to rent residence. Officer Cain reviewed the details of the violation. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-2813, Mr. LaRock moved that this Board find that Alex Rivera & Christy Carone 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 18, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past December 18, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaTour seconded the motion that unanimously passed. Case #09-2815 James & Connie Rodgers TR Location: 1821 Meadows Circle W 12 Meeting Minutes Code Compliance Board Boynton Beach, FL November 18, 2009 Violation(s): CO CH13 SEC. 13-16 Business Tax Receipt required to rent residence. Officer Cain reviewed the details of the violation. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-2815, Vice Chair Yerzy moved that this Board find that James & Connie Rodgers TRare 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 18, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $250 per day for each day the violation continues past December 18, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case #09-2816 Richard Gordon Location: 1822 Meadows Circle W Violation(s): CO CH13 SEC. 13-16 Business Tax Receipt required to rent residence. Officer Cain reviewed the details of the violation. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-2816, Vice Chair Yerzy moved that this Board find that Richard Gordonis 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 18, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $250 per day for each day the violation continues past December 18, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. LaTour seconded the motion that unanimously passed. 13 Meeting Minutes Code Compliance Board Boynton Beach, FL November 18, 2009 Case #09-3247 Gowinner W. Garrison, II Chase Home Finance LLC 2505 NE 4th St. CO CH10 ORD. 09-040 INC. CO CH15 SEC. 15-120(0) INC. Foreclosed property must be registered with the City. Mow overgrown yard and trim overgrowth. Location: Violation( s): Officer Cain reviewed the details of the violations. There was discussion regarding the lien. Attorney Alexander explained in this instance, once the property was owned by the bank, the lien applied to the property and the bank. The lien continues with the property, and the purpose of registering the property with the City was so once the property was sold, the City no longer had to contact the bank, it would contact the new owner. By law, the bank must inform the property owner of the lien. The bank could address the lien before the property was sold, or pass it on to the new owner with notification of the lien. Motion Based on the testimony and evidence presented in Case #09-3247, Vice Chair Yerzy moved that this Board find that Chase Home Finance 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 3,2009. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $200 per day for each day the violations continue past December 3, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. Case #09-3254 Location: Violation(s): Allen MacQueen 2861 N. Seacrest Blvd. CO CH15 SEC. 15-120(0) INC. Mow overgrown yard and remove trash and debris. Officer Cain reviewed the details of the violation. Staff recommended 10 days be given for compliance. 14 Meeting Minutes Code Compliance Board Boynton Beach, FL November 18, 2009 Motion Based on the testimony and evidence presented in Case #09-3254, Mr. LaTour moved that this Board find that Allen MacQueen is in violation of the City of Boynton Beach Code section cited and moved to order that the Respondent correct the violation on or before November 28, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past November 28, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that unanimously passed. Case #09-3262 Aladino Mass Location: 3360 N. Seacrest Blvd. Violation(s): CO CH15 SEC. 15-120(D) INC. Remove all open and stored items from carport. Officer Cain reviewed the details of the violation. Staff recommended 15 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-3262, Vice Chair Yerzy moved that this Board find that Aladino Mass 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 3, 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 3, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. No safety hazards were noted. Vote Mr. LaRock seconded the motion that unanimously passed. Case #09-3263 BankUnited FSB Location: 3201 N. Seacrest Blvd. Violation(s): CO CH10 ORD. 09-040 INC. 15 Meeting Minutes Code Compliance Board Boynton Beach, FL November 18, 2009 Foreclosed property must be registered with the City. Mow overgrown yard and trim vegetation. Officer Cain reviewed the details of the violations. Staff recommended 15 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-3263, Vice Chair Yerzy moved that this Board find that BankUnited 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 3, 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 3, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. LaTour seconded the motion that unanimously passed. Case #09-3282 Valora & Gene Burks U.S. Bank National 150 NE 27th Avenue. CO CH10 ORD. 09-040 INC. Foreclosed property must be registered with the City. Mow overgrown yard and trim vegetation. Location: Violation(s): Officer Cain reviewed the details of the violations. Staff recommended 15 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-3282, Vice Chair Yerzy moved that this Board find that V31or3 & Gene Burks U.S. Bank National are in violation of the City of Boynton Beach Code section cited and moved to order that the Respondents correct the violations on or before December 3, 2009. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $200 per day for each day the violation continues past December 3, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the 16 Meeting Minutes Code Compliance Board Boynton Beach, FL November 18, 2009 property to verify compliance with this Order. unanimously passed. Mr. Karageorge seconded the motion that Case #09-3308 Location: Violation(s): James & Patricia Sullivan 56 Hastings Lane CO CH13 SEC 13-16 Business Tax Receipt required to rent residence. Officer Cain reviewed the details of the violation. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-3308, Mr. LaTour moved that this Board find that James & Patricia Sullivan 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 18, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past December 18, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case #09-3309 Location: Violation(s): Mark McLeod 40 Desford lane CO CH13 SEC. 13-16 Business Tax Receipt required to rent residence. Officer Cain reviewed the details of the violation. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-3309, Mr. LaTour moved that this Board find that Mark McLeod 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 18, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past December 18, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the 17 Meeting Minutes Code Compliance Board Boynton Beach, FL November 18, 2009 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 #09-3312 Otilla Sanchez & Santos Fernandez Location: 7868 Manor Forest Lane Violation(s): CO CH13 SEC 13-16 Business Tax Receipt required to rent residence. Officer Cain reviewed the details of the violation. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-3312, Mr. LaRock moved that this Board find that Otilla Sanchez & Santos Fernandez 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 18, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past December 18, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Vice Chair Yerzy seconded the motion that unanimously passed. Case #09-3318 Evette Gerlach Location: 7 Cardiff Way Violation(s): CO CH13 SEC. 13-16 Business Tax Receipt required to rent residence. Officer Cain reviewed the details of the violation. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-3318, Mr. LaRock moved that this Board find that Evette Gerlach 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 18, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of 18 Meeting Minutes Code Compliance Board Boynton Beach, FL November 18, 2009 $100 per day for each day the violation continues past December 18, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaTour seconded the motion that unanimously passed. Case #09-3082 Jona & Ernst Paul Location: 1525 NE 1st Street Violation(s): CO CH15 SEC.15-120(D)1INC. Mow overgrown yard. Repair driveway apron. Officer Guillaume reviewed the details of the violations. Staff recommended 15 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-3082, Mr. LaRock moved that this Board find that Jona & Ernst Paulare 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 3, 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 3, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Vice Chair Yerzy seconded the motion that unanimously passed. Case #09-3233 Realty Acquisitions & Trust Location: 2319 S. Federal Hwy. Violation(s): CO CH10 SEC. 10-2 CO CH10 Sec. 10-56 (B) & (G) Mow, weed & trim property. Remove trash & debris. Remove or trim Florida Holly. Officer Herring reviewed the details of the violations. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-3233, Mr. LaRock moved that this Board find that Realty Acquisitions & Trust is in violation of the City of Boynton Beach Code section cited and moved to order that the Respondent correct the violation 19 Meeting Minutes Code Compliance Board Boynton Beach, FL November 18, 2009 on or before November 28, 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 November 28, 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 #09-3383 Boynton Ventures I LLC Location: 101 S. Federal Hwy. Violation(s): CO CH10 Sec. 10-56 (B) & (G) Mow, weed & trim property. Remove trash & debris. Repair broken sidewalk. Remove grass & weeds from sidewalk. Officer Herring reviewed the details of the violations. There was a safety hazard due to the sidewalk. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-3383, Mr. LaRock moved that this Board find that Boynton Ventures I LLC is in violation of the City of Boynton Beach Code section cited and moved to order that the Respondent correct the violation on or before November 28, 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 November 28, 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 #09-2736 Enante Delhomme Location: 2553 SW 10th Street Violation(s): BBA FBC ’04 105.1.1 Comply with Red Tag regarding expired permit for window installation. Officer Lewis reviewed the details of the violation. There was a safety hazard due to the sidewalk. Staff recommended 15 days be given for compliance. 20 Meeting Minutes Code Compliance Board Boynton Beach, FL November 18, 2009 Motion Based on the testimony and evidence presented in Case #09-2736, Vice Chair Yerzy moved that this Board find that Enante Delhomme is in violation of the City of Boynton Beach Code section cited and moved to order that the Respondent correct the violation on or before December 3, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $150 per day for each day the violation continues past December 3, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. LaTour seconded the motion that unanimously passed. Case #09-3097 Sophia & Paul Orlovsky Location: 99 Citrus Park Lane Violation(s): CO CH13 SEC. 13-16 Business Tax Receipt required to rent residence. Officer Guillaume reviewed the details of the violation. Staff recommended 30 days be given for compliance by December 18, 2009. Motion Based on the testimony and evidence presented in Case #09-3097, Mr. LaTour moved that this Board find that Sophia & Paul Orlovskyare 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 18, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past December 18, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Vice Chair Yerzy seconded the motion that unanimously passed. Case #09-3148 Pamela Barrow Location: 1201 SW 27th Avenue Violation(s): CO CH15 SEC. 15-120(D)INC CO CH10 SEC. 10-56(C) Mow and trim overgrown yard. Secure pool & restore to sanitary condition. 21 Meeting Minutes Code Compliance Board Boynton Beach, FL November 18, 2009 Officer Lewis reviewed the details of the violations. Staff recommended 15 days be given for compliance. It was noted the pool was dirty. Motion Based on the testimony and evidence presented in Case #09-3148, Mr. LaTour moved that this Board find that Pamela Barrowis in violation of the City of Boynton Beach Code section cited and moved to order that the Respondent correct the violations on or before November 28, 2009. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $150 per day for each day the violations continue past November 28, 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 #09-3183 Cetoute & Rolande Lovinsky Location: 508 NW 8th St. Violation(s): CO CH14 SEC. 14-3 CO CH15 SEC. 15-120(D) INC. CO CH4 SEC. 4-18 Remove chickens/fowl from property. Cut hedge, remove truck over 1 ton and trailer from property. Officer Lewis reviewed the details of the violations. Staff recommended 15 days be given for compliance. Officer Lewis advised the neighborhood cats took care of the chickens. The vehicle was registered and was removed. Officer Lewis wanted to keep the case open to ensure the violations did not return. Motion Based on the testimony and evidence presented in Case #09-3183, Mr. Foot moved that this Board find that Cetoute & Rolande Lovinskyare 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 3, 2009. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past December 3, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. 22 Meeting Minutes Code Compliance Board Boynton Beach, FL November 18, 2009 Case #09-3024 J. and Willie Mae Murray Location: 545 NW 11th St. Violation(s): CO CH15 SEC. 15-120(D) INC. Repair doors and windows. Remove trash. Mow grass and weeds. Mike Melillo , Senior Code Officer, reviewed the details of the violations. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-3024, Mr. LaTour moved that this Board find that J. and Willie Mae Murray are in violation of the City of Boynton Beach Code section cited and moved to order that the Respondents correct the violations on or before November 28, 2009. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $250 per day for each day the violations continue past November 28, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. Case #09-3288 Sarah Brown Location: 529 NW 13th Avenue Violation(s): CO CH15 SEC. 15-120(D)INC CO CH10 SEC. 10-56(D) Four-inch numbers required on the dwelling visible from the street. Officer Melillo reviewed the details of the violations. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-3288, Mr. Karageorge moved that this Board find thatSarah Brownis in violation of the City of Boynton Beach Code section cited and moved to order that the Respondent correct the violations on or before November 28, 2009. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past November 28, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to 23 Meeting Minutes Code Compliance Board Boynton Beach, FL November 18, 2009 contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. LaTour seconded the motion that unanimously passed. Case #09-3399 Gwendolyn Facison Location: 908 NW 1st St. Violation(s): CO CH15 SEC. 15-120(D)INC Mow grass and weeds. Officer Melillo reviewed the details of the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-3399, Vice Chair Yerzy moved that this Board find thatGwendolyn Facisonis in violation of the City of Boynton Beach Code section cited and moved to order that the Respondent correct the violation on or before November 28, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past November 28, 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 #09-3087 Robert J. Mumma, Est. Location: 908 NW 1st St. Violation(s): CO CH15 SEC. 15-120(D)INC Mow grass and weeds. Officer Pierre reviewed the details of the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-3087, Mr. Karageorge . moved that this Board find thatRobert J. Mumma, Estis in violation of the City of Boynton Beach Code section cited and moved to order that the Respondent correct the violation on or before November 28, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past November 28, 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 24 Meeting Minutes Code Compliance Board Boynton Beach, FL November 18, 2009 re-inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. Case #09-3175 Warren & Martine Kuiper Regions Bank 217 SE 36th Avenue CO CH10 ORD. 09-040 INC. Foreclosed properties must be registered with the City. Mow and trim overgrowth. Location: Violation(s): Officer Pierre reviewed the details of the violations. Staff recommended 15 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-3175, Mr. LaTour moved that this Board find that Regions Bank 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 3, 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 3, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case #09-3192 Location: Violation(s): Lillian Mayhew 313 SE 21st Avenue LDR CH2 SEC. 5(A)(1) Outside storage not permitted. Remove debris. Officer Pierre reviewed the details of the violations. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-3192, Mr. LaTour moved that this Board find that Lillian Mayhew is in violation of the City of Boynton Beach Code section cited and moved to order that the Respondent correct the violation on or before November 28, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of 25 Meeting Minutes Code Compliance Board Boynton Beach, FL November 18, 2009 $150 per day for each day the violation continues past November 28, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that unanimously passed. Case #09-3526 Giovanni & Emily Caliendo Location: 172 SE 28th Ave. Violation(s): CO CH15 SEC. 15-120(D)INC CO CH10 SEC. 10-3 CO CH10 SEC.10-56 (C) Secure pool, remove debris from backyard. Remove unpermitted shed. Officer Pierre reviewed the details of the violations. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-3526, Mr. LaRock moved that this Board find thatGiovanni & Emily Caliendoare in violation of the City of Boynton Beach Code section cited and moved to order that the Respondents correct the violations on or before November 28, 2009. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $250 per day for each day the violation continues past November 28, 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. It was noted the Respondents were repeat offenders. The pool was unsecured. Mr. LaRock amended his motion to reflect a fine in the amount of $500 per day. Mr. LaTour seconded the motion that unanimously passed. Case #09-2999 Johnny Wright Jr. Location: 423 SW 1st Ave. Violation(s): CO CH20 SEC. 20-6 LDR CH2 SEC. 5(D)(1) Remove outside storage, car parts, and inoperable vehicles. Boat required to be parked on 26 Meeting Minutes Code Compliance Board Boynton Beach, FL November 18, 2009 hard surface or behind front line of house. Pete Roy , Chief Code & Rehabilitation Officer, reviewed the details of the violations. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-2999, Mr. Karageorge moved that this Board find thatJohnny Wright Jr.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 November 28, 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 November 28, 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 #09-3025 West Ocean Blvd Trust Location: 564 W. Ocean Avenue Violation(s): CO CH15 SEC. 15-120(D) INC CO CH10 SEC. 10-56(A)(B) Mow and maintain vacant lot per Code. Officer Roy reviewed the details of the violations. Staff recommended 10 days be given for compliance. It was noted the subject property was located west of the structure situated at 566 W. Ocean Avenue. Motion Based on the testimony and evidence presented in Case #09-3025, Mr. LaRock moved that this Board find thatWest Ocean Blvd Trustis in violation of the City of Boynton Beach Code section cited and moved to order that the Respondent correct the violation on or before November 28, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past November 28, 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. It was noted the Respondent was a repeat violator. 27 Meeting Minutes Code Compliance Board Boynton Beach, FL November 18, 2009 Vote Mr. LaRock amended his motion to $200 per day. Mr. Foot seconded the motion that unanimously passed. Case #09-3027 Dan & Judit Janniksen Location: 204 NW 1st Avenue Violation(s): CO CH10 SEC. 10-56(A)(B)(D) CO CH15 SEC. 15-120(D) INC Mow and trim overgrowth. Pressure clean and pain structure. Officer Roy reviewed the details of the violations. Staff recommended 30 days be given for compliance Motion Based on the testimony and evidence presented in Case #09-3027, Vice Chair Yerzy moved that this Board find that Dan & Judit Janniksenare 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 18, 2009. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $250 per day for each day the violations continue past December 18, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. Case #09-3029 Norbey Tobon & Diana Garces Location: 215 SW 1st Street Violation(s): CO CH15 SEC. 15-120(D) INC Mow lawn & trim pines to 30” or remove trees from corner. Trim bushes from sidewalk on south side of the property. Officer Roy reviewed the details of the violations. Staff recommended 10 days be given for compliance Motion Based on the testimony and evidence presented in Case #09-3029, Mr. LaRock moved that this Board find that Norbey Tobon & Diana Garcesare in violation of the City of 28 Meeting Minutes Code Compliance Board Boynton Beach, FL November 18, 2009 Boynton Beach Code section cited and moved to order that the Respondents correct the violation on or before November 28, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $200 per day for each day the violation continues past November 28, 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 #09-3085 International Investments One LL Location: 407 SW 2nd Avenue Violation(s): CO CH15 SEC. 15-120(D) INC Mow and maintain vacant lot per Code. Officer Roy reviewed the details of the violations. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-3085, Mr. LaRock moved that this Board find thatInternational Investments One LLis in violation of the City of Boynton Beach Code section cited and moved to order that the Respondent correct the violation on or before November 28, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past November 28, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that unanimously passed. Case #09-3089 Victor Cook Location: 654 W. Ocean Avenue Violation(s): BBA FBC ’04 105.1.1 Permit expired. Red tagged. Officer Roy reviewed the details of the violations. Staff recommended 10 days be given for compliance. 29 Meeting Minutes Code Compliance Board Boynton Beach, FL November 18, 2009 Motion Based on the testimony and evidence presented in Case #09-3089, Vice Chair Yerzy moved that this Board find thatVictor Cookis in violation of the City of Boynton Beach Code section cited and moved to order that the Respondent correct the violation on or before November 28, 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 November 28, 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 #09-3091 Victor Cook Location: 653 W. Ocean Avenue Violation(s): BBA FBC ’04 105.1.1 Permit expired. Red tagged. Officer Roy reviewed the details of the violations. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-3091, Vice Chair Yerzy moved that this Board find thatVictor Cookis in violation of the City of Boynton Beach Code section cited and moved to order that the Respondent correct the violation on or before November 28, 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 November 28, 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 #09-3108 International Investments One Location: 419 SW 2nd Avenue Violation(s): CO CH15 SEC. 15-120(D) INC Mow and maintain vacant lot per Code. Officer Roy reviewed the details of the violations. Staff recommended 10 days be given for compliance. 30 Meeting Minutes Code Compliance Board Boynton Beach, FL November 18, 2009 Motion Based on the testimony and evidence presented in Case #09-3108, Vice Chair Yerzy moved that this Board find thatInternational Investments Oneis in violation of the City of Boynton Beach Code section cited and moved to order that the Respondent correct the violation on or before November 28, 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 November 28, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that unanimously passed. Case #09-3110 International Investments One Location: 413 SW 2nd Avenue Violation(s): CO CH15 SEC. 15-120(D) INC Mow and maintain vacant lot per Code. Officer Roy reviewed the details of the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-3110, Vice Chair Yerzy moved that this Board find thatInternational Investments Oneis in violation of the City of Boynton Beach Code section cited and moved to order that the Respondent correct the violation on or before November 28, 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 November 28, 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 #09-3111 Nationwide Assets Inc. Location: 225 SW 3rd Street Violation(s): CO CH15 SEC. 15-120(D) INC Mow and maintain vacant lot per Code. Officer Roy reviewed the details of the violation. Staff recommended 10 days be given for compliance. 31 Meeting Minutes Code Compliance Board Boynton Beach, FL November 18, 2009 Motion Based on the testimony and evidence presented in Case #09-3111, Mr. Foot moved that this Board find thatNationwide Assets 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 November 28, 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 November 28, 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 #09-3112 Nationwide Assets Inc. Location: 215 SW 3rd Street Violation(s): CO CH15 SEC. 15-120(D) INC Mow and maintain vacant lot per Code. Officer Roy reviewed the details of the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-3112, Vice Chair Yerzy moved that this Board find thatNationwide Assets 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 November 28, 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 November 28, 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 #09-3113 Nationwide Assets Inc. Location: 205 SW 3rd Street Violation(s): CO CH15 SEC. 15-120(D) INC Mow and maintain vacant lot per Code. Officer Roy reviewed the details of the violation. Staff recommended 10 days be given for compliance. 32 Meeting Minutes Code Compliance Board Boynton Beach, FL November 18, 2009 Motion Based on the testimony and evidence presented in Case #09-3113, Vice Chair Yerzy . moved that this Board find thatNationwide Assets Incis in violation of the City of Boynton Beach Code section cited and moved to order that the Respondent correct the violation on or before November 28, 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 November 28, 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 #09-3143 Rigaud & Yolaine Saintfort Location: W. Woolbright Road Violation(s): CO CH15 SEC. 15-120(D) INC CO CH10 SEC. 10-56 (B) Mow and maintain lot west of your property. Officer Roy reviewed the details of the violations. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-3143, Mr. LaRock moved that this Board find that Rigaud & Yolaine Saintfortare in violation of the City of Boynton Beach Code sections cited and moved to order that the Respondents correct the violations on or before November 28, 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 November 28, 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 #09-3169 Suffrant Sillion Location: 401 SW 4th Street Violation(s): CO CH15 SEC. 15-120(D) INC Remove inoperable vehicles from property. 33 Meeting Minutes Code Compliance Board Boynton Beach, FL November 18, 2009 Officer Roy reviewed the details of the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-3169, Mr. LaRock moved that this Board find thatSuffrant Sillionis in violation of the City of Boynton Beach Code section cited and moved to order that the Respondent correct the violation on or before November 28, 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 November 28, 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 #09-3170 Stuart & Michelle Armstrong Location: 700 W. Boynton Beach Blvd. Violation(s): LDR CH4 SEC. 11 Restore site plan to the plan on file with the City, landscape and parking, etc. Officer Roy reviewed the details of the violation. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-3170, Mr. Karageorge moved that this Board find that Stuart & Michelle Armstrongare 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 18, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past December 18, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. Case #09-1062 Bob Katz Property Location: 511 NE 4th Street Violation(s): BBA FBC ’05 105.1.1. Obtain permits for canopies. 34 Meeting Minutes Code Compliance Board Boynton Beach, FL November 18, 2009 Officer Webb reviewed the details of the violation. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-1062, Vice Chair Yerzy moved that this Board find thatBob Katz Propertyis 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 18, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past December 18, 2009 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. Case #09-3116 Barbara J. Rudd Location: 306 NE 11th Avenue Violation(s): CO CH15 SEC. 15-120(D) INC. Maintain vacant lot. Mow, trim, and remove trash and debris. Officer Webb reviewed the details of the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-3116, Mr. LaRock moved that this Board find thatBarbara J. Ruddis in violation of the City of Boynton Beach Code section cited and moved to order that the Respondent correct the violation on or before November 28, 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 November 28, 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 #09-3235 Suzan & Nizer Uri Location: 103 E. Boynton Beach Blvd. Violation(s): CO CH15 SEC. 15-120(D) INC. Remove weeds from around building and dumpster. 35 Meeting Minutes Code Compliance Board Boynton Beach, FL November 18, 2009 Officer Webb reviewed the details of the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-3235, Mr. LaTour moved that this Board find that Susan & Nizer Uriare in violation of the City of Boynton Beach Code section cited and moved to order that the Respondents correct the violation on or before November 28, 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 November 28, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. Case #09-3236 Daniel Dodge Location: 659 Manor Drive Violation(s): CO CH15 SEC. 15-120(D) INC. Maintain property. Mow, trim, and remove trash and debris. Remove outside storage of items not being used from view. Officer Webb reviewed the details of the violations. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-3236, Mr. LaRock moved that this Board find thatDaniel Dodgeis in violation of the City of Boynton Beach Code section cited and moved to order that the Respondent correct the violations on or before November 28, 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 November 28, 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 #09-3289 Peters 1406 N. Federal Hwy LLC Location: 1406 N. Federal Hwy 36 Meeting Minutes Code Compliance Board Boynton Beach, FL November 18, 2009 Violation(s): LDR CH21 1 SEC. 13 Repair or remove free standing sign. Signs must be maintained free from deterioration and in good condition. Officer Webb reviewed the details of the violations. Staff recommended 15 days be given for compliance. Motion Based on the testimony and evidence presented in Case #09-3289, Mr. LaTour moved that this Board find thatPeters 1406 N. Federal HwyLLCis in violation of the City of Boynton Beach Code section cited and moved to order that the Respondent correct the violations on or before November 28, 2009. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past November 28, 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 #09-3290 Johnny & Betty Roberts Location: 1010 N. Seacrest Blvd. Violation(s): CO CH15 SEC. 15-120(D) INC. Repair or replace chain link fence. Officer Webb reviewed the details of the violation. Staff recommended 30 days be given for compliance. The Community Redevelopment Agency was closing on this property. Staff contacted Mike Simon of the Community Redevelopment Agency who advised the Roberts they needed to address the Code violations prior to closing. Motion Based on the testimony and evidence presented in Case #09-3290, Mr. Karageorge moved that this Board find that Johnny & Betty Robertsare 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 18, 2009. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past December 18, 2009 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaTour seconded the motion that unanimously passed. 37 Meeting Minutes Code Compliance Board Boynton Beach, FL November 18, 2009 Officer Lewis recommended the following cases be certified at $50 per day: Case #09-2850 Danie L. Jackson 38 S. Palm Dr. Motion Based on the testimony and evidence presented in Case #09-2850, Vice Chair Yerzy 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 $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. LaTour seconded the motion that unanimously passed. Case #09-2972 3151 SW 14th Place LLC 3151 SW 14th Place Brighton Bike Works Motion Based on the testimony and evidence presented in Case #09-2972, Vice Chair Yerzy 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. LaTour seconded the motion that unanimously passed. Case #09-2217 Thornhill Limited Partnership 1961 NE 1st Way Motion Based on the testimony and evidence presented in Case #09-2217, Vice Chair Yerzy 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 violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $50 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaTour seconded the motion that unanimously passed. Case #09-2110 Olga L & Cristian Saavedra 1021 Grove Park Circle Motion Based on the testimony and evidence presented in Case #09-2110, Mr. Foot moved that this Board find that the Respondents have not complied with this Board's Order 38 Meeting Minutes Code Compliance Board Boynton Beach, FL November 18, 2009 dated September 16, 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. LaTour seconded the motion that unanimously passed. Case #09-2990 Erica Cohen-Hammond 418 NW 4th Ave. Motion Based on the testimony and evidence presented in Case #09-2990, Vice Chair Yerzy 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 $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. LaTour seconded the motion that unanimously passed. Officer Lewis recommended the following cases be certified at $100 per day: Case #09-1616 Kevin Faber & Serene Prinyavivatkul 170 SE 27th Ave. Motion Based on the testimony and evidence presented in Case #09-1616, Vice Chair Yerzy moved that this Board find that the Respondents have not complied with this Board's Order dated July 15, 2009, and having considered the gravity of the violation, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. Case #09-2057 Roy C. Lynam 407 Meadows Circle Motion Based on the testimony and evidence presented in Case #09-2057, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated August 19, 2009, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. 39 Meeting Minutes Code Compliance Board Boynton Beach, FL November 18, 2009 Case #09-2107 Anne Russo 206 Meadows Circle Motion Based on the testimony and evidence presented in Case #09-2107, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated August 19, 2009, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. Case #09-2691 Job Sylvain 1220 S. Federal Hwy. 101 Motion Based on the testimony and evidence presented in Case #09-2691, Vice Chair Yerzy 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. LaRock seconded the motion that unanimously passed. Case #09-2936 Tangiers Development LLC 133 NW 10th Ave. Motion Based on the testimony and evidence presented in Case #09-2936, Vice Chair Yerzy 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. LaRock seconded the motion that unanimously passed. Case #09-1634 Merrideth Ann & Phillip Walker 1103 W. Fairfax Circle Motion Based on the testimony and evidence presented in Case #09-1634, Vice Chair Yerzy 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 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 40 Meeting Minutes Code Compliance Board Boynton Beach, FL November 18, 2009 the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. Case #09-2645 Edner & Aliette Dorsanvil 3504 SE 2nd St. Motion Based on the testimony and evidence presented in Case #09-2645, Vice Chair Yerzy 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 violation, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. Case #09-2493 David Levin & Tracy Briscuso 411 SW 9th Ave. Motion Based on the testimony and evidence presented in Case #09-2493, Vice Chair Yerzy 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 violation, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. Officer Lewis recommended the following case be certified at $150: Case #09-1881 Dushyant & Jashminiben Patel 930 Chapel Hill Blvd. Motion Based on the testimony and evidence presented in Case #09-1881, Vice Chair Yerzy 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 violation, 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. Officer Lewis recommended the following case be certified at $250: Case #09-2396 Bayfront of Boynton Beach 450 Bayfront Dr. 41 Meeting Minutes Code Compliance Board Boynton Beach, FL November 18, 2009 Motion Based on the testimony and evidence presented in Case #09-2396, Mr. LaTour 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 violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $250 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. Officer Lewis recommended the following cases receive “No Fine”: Case #09-2077 Emjay Family Partnership Ltd. 311 Meadows Circle Motion Based on testimony and evidence presented in Case #09-2077, Mr. LaTour moved that this Board find that the Respondent, Emjay Family Partnership Ltd., 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 August 19, 2009 and in consideration of the gravity of the violations and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent, that this Board impose and certify “No Fine.” Mr. LaRock seconded the motion that unanimously passed. Case #09-2696 Boynton JCP Associates LTD 801 N. Congress Ave. Cigar Shack Motion Based on testimony and evidence presented in Case #09-2696, Mr. LaTour moved that this Board find that the Respondent, Boynton JCP Associates LTD/ Cigar Shack 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 previous violations of the Respondent, that this Board impose and certify “No Fine.” Mr. LaRock seconded the motion that unanimously passed. Case #09-2697 Yachtsman Properties LLC 1550 N. Federal Hwy. 11 Transcom Caribbean Market Motion Based on testimony and evidence presented in Case #09-2697, Mr. LaTour moved that this Board find that the Respondent,Yachtsman Properties LLC/Transcom Caribbean Market was in violation of the City of Boynton Beach Code section as cited subsequent 42 Meeting Minutes Code Compliance Board Boynton Beach, FL November 18, 2009 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 previous violations of the Respondent, that this Board impose and certify “No Fine.” Mr. LaRock seconded the motion that unanimously passed. Case #09-2840 Home Depot USA Inc. 1500 SW 8th St. Motion Based on testimony and evidence presented in Case #09-2840, Mr. LaTour moved that this Board find that the Respondent,Home Depot USA Inc.was in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Order of 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 previous violations of the Respondent, that this Board impose and certify “No Fine.” Mr. LaRock seconded the motion that unanimously passed. Case #09-2851 Sophie T. Griffin 1910 SW 20th Circle Motion Based on testimony and evidence presented in Case #09-2851, Mr. LaTour moved that this Board find that the Respondent,Sophie T. Griffinwas 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 previous violations of the Respondent, that this Board impose and certify “No Fine.” Mr. LaRock seconded the motion that unanimously passed. Case #09-1822 Minal Giri 3651 SE 2nd St. Motion Based on testimony and evidence presented in Case #09-1822, Mr. LaTour moved that this Board find that the Respondent,Minal Giriwas in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Order of August 19, 2009, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify “No Fine.” Mr. LaRock seconded the motion that unanimously passed. Officer Lewis recommended tabling the following two cases to January 20, 2010: 43 Meeting Minutes Code Compliance Board Boynton Beach, FL November 18, 2009 Case #08-2545 Woolfed Inc. 1600 S. Federal Hgwy. Motion Mr. LaTour moved that Case #08-2545 be tabled until the Code Compliance Board meeting to be held on January 20, 2010. Mr. LaRock seconded the motion that unanimously passed. Case #09-2831 Michael P. Powers 411 E. Boynton Beach Blvd. Motion Mr. LaTour moved that Case #09-2831 be tabled until the Code Compliance Board meeting to be held on January 20, 2010. Mr. LaRock seconded the motion that unanimously passed. Officer Lewis recommended tabling the following case to February 17, 2010: Case #09-657 John F. Fitzpatrick 103 SE 5th Ave. Motion Mr. LaTour moved that Case #09-657 be tabled until the Code Compliance Board meeting to be held on February 17, 2010. Mr. LaRock seconded the motion that unanimously passed. Mr. Karageorge expressed his sentiments for having Vice Chair Yerzy back healthy and happy. He commended Ms. Cherry for exceptional duty, having worked the evening before until midnight and again for this meeting. He also expressed his well wishes to Attorney T olces for a quick recovery. Adiournment There being no further business to discuss, Mr. LaTour moved to adjourn. Mr. LaRock seconded the meeting that unanimously passed. The meeting adjourned at 9:05 p.m. Cllt/ltJu/Rt QJuJJJJ Catherine Cherry .. - - 0- Recording Secretary 44