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Minutes 02-17-10 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, FEBRUARY 17,2010, AT 6:30 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Richard Yerzy, Vice Chair Jamie LaTour, 2nd Vice Chair James Brake Robert Foot Mark Karageorge (arrived at 8:32 p.rn.) Kathleen Carroll, Alternate Scott Blasie, Code Compliance Administrator David Tolces, Assistant City Attorney ABSENT: Michele Costantino, Chair Kirk LaRock I. Call to Order Vice Chair Yerzy called the meeting to order at 6:30 p.m. II. Approval of Agenda There were no changes to the agenda. Motion Ms. Carroll moved to approve the agenda. Mr. LaTour seconded the motion that unanimously passed. III. Swearing in of Witnesses and Introduction Attorney Tolces explained the hearing procedures and administered the oath to all who would be testifying. Pete Roy, Chief Code & Rehabilitation Officer, called the roll and determined who was present. Case #09-3927 Location: Violation(s): Chase Home Finance LLC 1961 NE 1st Way CO CH10 ORD. 09-040 Inc. Foreclosed property must be registered with the City. Return form and pay fee. 1 Meeting Minutes Code Compliance Board Boynton Beach, FL February 17, 2009 Ryan Shipp, Esq. with Marshall Watson, 1800 NW 49th Street, Ft. Lauderdale, representing Chase Home Finance, LLC, was present and authorized to speak on the bank's behalf. Luney Guillaume, Code Officer, presented the case. Part of the violation, which was mowing the yard and trimming overgrown vegetation, came into compliance. Mr. Shipp pled guilty and asked for 45 to 60 days to cure the violation. Discussion followed that 45 days was a long time to fill out a form. Mr. Shipp explained it had to be submitted to Chase Home Finance and they were backed up. Mr. Shipp advised they would continue to maintain the property and they have a Motion for Summary Judgment pending on May 24, 2010. After that motion was heard and the property was returned to the bank, they would continue to maintain the property. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Chase Home Finance 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 April 3, 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 April 3, 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. Brake seconded the motion that unanimously passed. Case #10-93 Location: Violation(s): Flagstar Bank 2950 S. Seacrest Blvd. CO CH10 ORD. 09-040 Inc. Foreclosed property must be registered with the City. Return form and pay fee. Mow yard and trim overgrowth. Vestiguerne Pierre, Code Compliance Officer, presented the case and reported the Respondent was present. Ryan Shipp, Esq. with Marshall Watson, 1800 NW 49th Street, Ft. Lauderdale, pled guilty. Mr. Shipp explained he had spoken with Officer Pierre and they agreed 30 days to bring the property into compliance was appropriate. 2 Meeting Minutes Code Compliance Board Boynton Beach, FL February 17, 2010 Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carrol moved that this Board find that Flagstar 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 March 19, 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 19 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case No. 08-3379 Forum Shoppes 140 N. Congress Avenue Skip Lewis, Senior Code Compliance Officer, presented the case. The violation date was November 23,2008, The Respondent was to restore the site with the most recently approved landscape plan on file with the City. Attorney Dan Mandell had appeared on behalf of the Respondent. A fine of $250 was imposed for the violation if it continued past January 15, 2010. The violation still exists. Dan Mandell, 2700 N. Military Trail, Boca Raton, a co-manager of the property and an attorney explained they property was still not in compliance. When he originally appeared, he requested 18 months to cure the violations and the Board authorized six months. They paid the 2008 real estate taxes in the amount of $113,278.81 in November. In December their loan matured and they paid $54,419.25 for a two year extension on that loan. Two weeks ago, they paid the 2009 real estate taxes in the amount of $138,409.80. During this time they addressed the health and safety issues. Mr. Mandell explained to the Board they made tenant concessions and they had only one tenant paying regularly. Now that the major expenses were covered, the Respondent would like six months to address the other outstanding issues. Funds were no longer earmarked for the lender or taxes and they could make a realistic commitment to comply within the six months. They received bids to restripe and reseal. The landscaping improvements would be last due to the cost. It was suggested the Respondent and Officer Lewis walk the property and develop a timetable. Motion Mr. Foot moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on August 18, 2010. Mr. LaTour seconded the motion. 3 Meeting Minutes Code Compliance Board Boynton Beach, FL February 17, 2010 Mr. Mandell was commended for his efforts and was alerted there were lien reductions available to him. It was suggested he maintain the property in the same manner as the property to the south. Vote The motion unanimously passed. Case #06-873 Peble Florida LLC 907 N. Federal Hgwy. Scott Blasie, Code Compliance Administrator, presented the Lien Reduction. The property was cited in 2006 for a dilapidated and abandoned sign structure. The case was heard by the Board on September 20, 2006. No one appeared and the date and fine set was to comply by September 30, 2006 or incur a fine of $100 per day. Compliance was documented on May 11, 2007. Two current photographs were circulated to the members, as was a photograph taken on October 2, 2006 showing the sign. Michael Weiner, Attorney for Peble LLC, explained the violations were cosmetic in nature due to the property being vacant. The property was recently sold and the new owner was renovating it. The new owner planned to use the property as an automotive museum; however, his health declined and the owner eventually died. Representatives of the estate then began to address the issues and finalized a sale to another buyer. The sign was removed, the grass was mowed and there was attention given to the building. An affidavit of compliance was made. He apologized the violations were not immediately addressed and requested the fines be reduced to administrative costs. Mr. Blasie offered his comments to the Board. The property was previously purchased by Mr. Giacomino. During his ownership, he incurred numerous violations for alterations primarily to the interior of the premises. Mr. Giacomino's health declined and the property was sold to Peble Florida LLC about the time the Board would file a lien on the property. Peble Florida LLC took over the premises and met with the Planning and Zoning Department. There were unusual constraints on the building and the upstairs was used as a residence. The property is situated on Federal Highway, in a redevelopment area. It was thought the building would be used for a furniture store but it was not verified. Motion Based on testimony and evidence presented in the aforementioned case, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Karageorge moved that this Board reduce the fines instituted in the aforementioned 4 Meeting Minutes Code Compliance Board Boynton Beach, FL February 17, 2010 case by virtue of this Board's Order of September 20, 2006, to an amount of $1,018.24, including administrative costs. Ms. Carroll seconded the motion. There was discussion that the property was located on Federal Highway and it may not be fair to overlook how many people had to view the site and individuals whose property values were affected. A fine of at least $5,000 with administrative costs was suggested. It was noted the property owner did not cause the violations. It was also noted there was a hardship due to health that prohibited the owner from taking action. Vote The motion passed 5-1 (Mr. Foot dissenting.) Case #07-350 Location: Violation(s): Martins BBQ Inc. 399 Winchester Park Blvd. CH15-ART. IX-15-120(D)1INC 15-18 B.B.C. OF ORD PT3-LDR. CHAPTER 4 SEC.11 PT3-LDR. CH7. 5-11. ART II, SEC 5.B. Return property to original site plan. Mow, trim and weed yard. Remove all junk, trash and debris and remove graffiti from property. John Herring, Code Compliance Officer, reviewed the details of the violations as contained in the staff report. The case arose from a citizen complaint. The initial inspection was February 2, 2007. The case was tabled, and the Respondent worked with staff. They have a tenant and would like additional time. Jim Klinker, 2731 Vista Parkway, West Palm Beach, explained since he last met with staff, he met with the City Forrester, Kevin Hallahan, and a verbal agreement to move forward was reached. They would be meeting next week to put together a written plan. Mr. Klinker pled no contest and explained they have a letter of intent. He requested the case be tabled for 90 days, as they were working with a tenant wanting to move into the location within that timeframe. Officer Herring advised the Respondent was working well with staff. The property was cleaned up, and the graffiti would be addressed within the next few days. The Respondent was also desirous of putting together a timetable. The sprinkler system was repaired and the heads were replaced. The smaller improvements alone cost $3,000. The only outstanding violations were the landscape plan and minor grafitti removal. 5 Meeting Minutes Code Compliance Board Boynton Beach, FL February 17, 2010 Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Martins BBa Inc., is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before May 18, 2010. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past May 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. Foot seconded the motion that unanimously passed. It was noted the property would be a restaurant but not Sonny's Restaurant. Case #09-1625 Location: Violation(s): John Zobel 934 NW 13th Avenue BBA FBC '04 105.1.1. Respond to Red Tag. Expired Permit. Officer Lewis presented the case and advised the initial inspection was June 3, 2009. Thirty days was given to comply and the Respondent was noticed on January 20, 2010. John Zobel, 934 NW 13th Avenue, pled no contest. The outside was addressed and was not an eyesore. The bedroom and bathroom needed to be addressed. He explained the rough inspections were done, but there was a financial hardship. He was an owner/builder and hoped to finish the repairs by the end of July. Dan Icaro, City of Boynton Beach Building Inspector, was administered the oath. He explained all that was needed was to pay a $50 extension fee which would grant him another 90 days. He had a list of inspections that were required and was willing to meet with the Respondent. He also recommended giving Mr. Zobel as much time as possible, and it was noted a second extension would be required, with a second $50 fee to be paid. Officer Lewis recommended giving him six months initially. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that John Zobel 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 19, 2010. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and 6 Meeting Minutes Code Compliance Board Boynton Beach, FL February 17, 2010 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 19, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case #09-3748 Location: Violation(s): Brownstone Management LLC 1500 SW 30th Avenue 1 BBA FBC '07 ED. 105.1 Permit required for rack system installed in Bays 1 and 2. Red Tagged. Officer Lewis presented the case. The initial inspection date was December 9, 2009. The property was posted on February 4, 2010. Jamey Shook, 1500 SW 30th Avenue, Suite 1, the tenant, who was authorized to speak on behalf of Brownstone Management LLC, pled no contest. Mr. Shook explained he was in the building about five years and moved from Bay 12 to Bays 13, 14, and 15. Due to the economy, he downsized to Bays 1 and 2. During this time, he owned the same rack system, and moved them with him. Each time he passed a fire inspection and a City of Boynton Beach Inspection. When they moved, they updated their address with the City. Mr. Shook explained they moved in January of last year, but the inspection occurred in December of 2009, almost a year later, when they had the racks reinstalled without a permit. A rack company installed the racks based on the weights they needed to support. The racks were Home Depot style racks and the installer indicated a permit was never required. The violation appeared to center around the racks being above eight feet and the racks were adjustable. Safety was their priority, and monthly safety meetings are held. Photographs, specifications and bolt patterns for the racks were available. When they were told to obtain a permit, they started the procedure but were advised they needed engineering plans for the slab and other items. Mr. Shook explained he was confused why these items were necessary after being in business for five years. Mr. Icaro explained he writes up the rack systems and permits are requested for racks over eight feet, due to safety concerns and to ensure the racks do not block the fire sprinklers. As to the engineering slabs, a public record could be obtained regarding the building specifications. Mr. Shook took exception to the permit requirement and explained he had not failed any fire inspections. The checklist contained 13 items the Respondent needed, including engineering, architectural drawings, specifications on the racks and the specifications for the bolt patterns. Photographs of the interior were taken, and Mr. Shook contended he was not constructing a building. The Board noted the racks could be adjusted to a 7 Meeting Minutes Code Compliance Board Boynton Beach, FL February 17, 2010 lower height and be in compliance; however, space was an issue. Mr. Icaro felt 60 days would be sufficient to comply and he explained to Mr. Shook exactly what needed to be done. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Brownstone Management 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 April 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 $100 per day for each day the violation continues past April 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. Brake seconded the motion that unanimously passed. Case #09-3894 Location: Violation( s): Southwest Jefferson Inc. 225 NE 9th Avenue CH 13 ART 1 SEC 13-16 CO CH10 SEC 10-56 (A,B,D,E,G,H) CO CH 10-57 (D), CO CH10 SEC 10-59 (E) Building is unsafe and unfit to be occupied. Willie Webb, Senior Code Compliance Officer, presented the case as contained in the staff report. The case was a referral from the Building Department. The initial inspection date was December 15, 2009. Written notice was provided giving 10 days to comply. Certified mail was sent January 11, 2010 and was signed on January 15, 2010. The Respondent was present. Craig Goldberg, Vice President of Southwest Jefferson, Inc. 33 SE Olive Way, Boca Raton, pled guilty. There was a fire two days prior to the inspection. The holidays were approaching, and the adjuster for Citizens Insurance did not arrive until just after the holidays. A check was sent for settlement two weeks ago; however, the settlement was not adequate to cover the repairs. A public adjuster was hired, and Citizens hired a new adjuster on their behalf. The adjusters were scheduled to meet this week and a contractor was waiting to do the work. Mr. Goldberg requested 45 days to correct the violations. The building was secured but the rest of the property was not maintained. Officer Webb distributed photographs to the Board. 8 Meeting Minutes Code Compliance Board Boynton Beach, FL February 17, 2010 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Southwest Jefferson Inc. is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before March 19, 2010. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $150 per day for each day the violations continue past March 19, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion. _The Board discussed splitting the case into two violations, giving 10 days to clean the outside. Mr. Karageorge agreed to amend his motion. The following motion pertained to cleaning up the property: Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Southwest Jefferson Inc. is in violation of the City of Boynton Beach Code sections CO CH10 SEC 10-56 A, B, D and G and moved to Order that the Respondent correct the violations on or before February 27, 2010. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past February 27, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaTour seconded the motion that unanimously passed. The following motion pertained to the remaining violations: Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Southwest Jefferson Inc. is in violation of the City of Boynton Beach Code sections CO CH 10-57 (D), CO CH 10-56 (H), CO CH10 SEC 10-59 (E) and moved to Order that the Respondent correct the violations on or before March 19, 2010. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past March 19, 2010 plus 9 Meeting Minutes Code Compliance Board Boynton Beach, FL February 17, 2010 administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion. The violation arose from an electrical fire. Florida Power and Light visited the site and disconnected the electric. It was noted 30 days would not be enough time to obtain the permit. Mr. Karageorge agreed to amend his motion to reflect 90 days, a compliance date of May 18, 2010. Ms. Carroll agreed to the amendment. A vote was taken and the motion unanimously passed. Case #09-2831 Michael P. Powers 411 E. Boynton Beach Blvd. Officer Webb presented the case as contained in the staff report, which had to do with housing and building code violations. The notice of violation was dated August 31, 2009 and the hearing was held October 21, 2009. The compliance date and fine was set for October 31, 2009 or incur a fine of $50 per day. The violation still existed. Michael Powers, 2866 SW 9th Street, explained he was unaware of the initial violation. The notices were sent to his home and he advised he never signed for a letter. He hired a tree service to remove the sea grapes and he would remove the fence. He obtained a permit a few weeks ago, and the new fence would be installed within two weeks. It was noted the last notice was signed for in January. All other notices were served by posting the premises. Mr. Powers pointed out the City would be laying pipes which would extend onto his property but he did not know when that would occur. Officer Webb suggested Mr. Powers not be concerned about the parking lot until staff ascertained the City's plans regarding the pipes. He confirmed the weeds and sea grape were removed. Motion Mr. Brake moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on March 17, 2010. Mr. Foot seconded the motion that unanimously passed. (Mr. Karageorge left the dais at 8:06 p.rn.) Case #09-2124 Robert T. Jr. and Darlene Post 710 NE 7th St. #405 Officer Webb, presented the case as contained on the staff report, which had to do with housing and building code violations. The notice of violation date was July 2, 2009. A compliance date and fine was set for January 2, 2010 or incur a fine of $200 per day. The violation still exists and the Respondent was present. 10 Meeting Minutes Code Compliance Board Boynton Beach, FL February 17, 2010 Officer Webb explained the Respondent removed the wood which would bring the property into compliance. There was discussion the issue was there was dialogue whether she or the City owned the dock. It was ascertained she owned the dock and the dangerous wood was to be removed. Darlene Post, 2581 Hypoluxo Road, Lantana, was present and explained the property was under contract when she appeared before the Board and was given 30 days to remove the wood, which was during the holiday season. The first contractor abandoned the job when he approached the City and was advised it would take longer than 30 days to obtain the permit. (Mr. Karageorge returned to the dais at 8:09 p.rn.) Ms. Post explained the property was scheduled to close on March 25, 2010, and 80% of the wood was removed. The balance of the wood would be removed the next day. She hoped to work something out regarding the fine because she did not have enough time to remove it herself. Mr. Blasie explained the goal was to obtain compliance and they were nearing a successful completion of the matter. It was noted the other violations were corrected, and the fine was still accruing. Motion Mr. LaTour moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on March 17, 2010. Mr. Foot seconded the motion that unanimously passed. Case #08-71 Neptune and Monique Ambroise 621 S. Seacrest Blvd. Officer Roy presented the case as contained in the staff report. The case was heard on February 20, 2008 and the Respondents appeared. The compliance date set by the Board was February 21, 2008 or incur a fine of $500 per occurrence through a Cease and Desist Order. Officer Roy reported the case arose from neighborhood complaints about selling cars at the residence. The Respondent was advised to remove the cars from the property and those on site were tagged. Some vehicles were removed; however, neighbors took photopraphs of prospective buyers removing the tags issued by Officer Roy. Officer Roy reported Mr. Ambroise admitted he sold vehicles for a living. Neptune Ambroise, 621 S. Seacrest Boulevard, pled guilty. He explained he removed the cars. Three cars were on site and three people were living in the home. In addition to those vehicles, there were three more cars in the back yard. He explained he could not return to Haiti at this time, and he wanted to bring the cars to Haiti. He lived in Boynton Beach for 25 years and he never had an issue selling cars before. It was noted 11 Meeting Minutes Code Compliance Board Boynton Beach, FL February 17, 2010 he was selling cars for 19 days, not necessarily that 19 cars were purchased. He advised he was no longer attempting to sell vehicles since he was trying to return to Haiti. Three cars were located in his backyard would be sent to Haiti, or be auctioned off. Officer Roy distributed photographs to the Board. There was discussion there were vehicles in the front yard. There was discussion the Board needed to certify the fine. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaTour moved that this Board find that the Respondents have not complied with this Board's Order dated February 20, 2008, and having considered the gravity of the violation, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $500 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. Karageorge seconded the motion. It was recommended the number of occurrences that took place be included in the motion. Mr. LaTour amended his motion to state the fine was 19 occurrences times $500 per occurrence. Mr. Karageorge agreed to the amendment. A vote was taken and unanimously passed. It was explained there would be a lien placed on the property. The Board recessed at 8:26 p.m. The Board reconvened at 8:31 p.m. Case #03-2123 Location: Violation( s): Ridgepoint Woods Assn. Inc. 23 Ridgepoint Dr. PT3-LDR. CH7. 5-11. SEC5. B Landscape maintenance. Mr. Blasie reported service for the case had not been made. He intended to table the case, but wanted to do a follow-up inspection as it was an ongoing issue. It was recommended the case be tabled to March 17, 2010. Motion Mr. LaTour moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on March 17, 2010. Mr. Brake seconded the motion that unanimously passed. Case #09-3987 Location: Oges Fadel 2671 NW 1st St. 12 Meeting Minutes Code Compliance Board Boynton Beach, FL February 17, 2010 Violation(s): CO CH 15 SEC. 15-120(D) 1 Inc. CO CH13, SEC 13-16 Remove boxes from front yard. Mow yard. Renting residence requires Business Tax Receipt. Courtney Cain, Code Compliance Officer, reported the Business Tax Receipt remained outstanding. The other violations were corrected. Staff recommended 15 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Oges Fadel 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 March 4, 2010. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past March 4, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. LaTour seconded the motion that unanimously passed. Case #09-3988 Location: Violation(s): Allen Mansfield 2651 NW 1 st Street CO CH 15 SEC. 15-120(D) Inc. CO CH 15 SEC. 15-120(E) Inc. CO CH13, SEC 13-16 Repair roof. Remove or repair fence. Renting residence requires Business Tax Receipt. Officer Cain presented the case as contained in the staff report. Staff recommended 15 days be given to correct the violations. The property was vacant. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Allen Mansfield 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 March 4, 2010. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, 13 Meeting Minutes Code Compliance Board Boynton Beach, FL February 17, 2010 a fine in the amount of $100 per day for each day the violations continue past March 4, 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. Brake seconded the motion. There was discussion whether 15 days was enough time to repair the roof. It was noted it was enough time to obtain the permit. The motion unanimously passed. Case #09-3216 Location: Violation( s): u.s. Bank National Assoc. 428 NE 14th Avenue CO CH10 ORD. 09-040 INC. Foreclosures must be registered with the City by the lender. Return form and pay fee. Officer Guillaume presented the case as contained in the staff report. Staff recommended 15 days be given to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaTour moved that this Board find that U.S. Bank National Assoc. 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 4, 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 4, 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. Ms. Carroll seconded the motion that unanimously passed. Case #09-3435 Location: Violation(s): Arnold Metellus 2431 NE 1st Lane BBA FBC '04105.1.1. Permit expired. Red tagged. Officer Guillaume presented the case as contained in the staff report. Staff recommended 30 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Arnold Metellus is in violation of the City of Boynton 14 Meeting Minutes Code Compliance Board Boynton Beach, FL February 17, 2010 Beach Code section cited and moved to Order that the Respondent correct the violation on or before March 19, 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 19, 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. It was noted the property was in the foreclosure process. Mr. Karageorge seconded the motion that unanimously passed. Case #09-3434 Location: Violation( s): u.s. Bank National Assoc. TR 1606 NE 3rd St. CO CH10 ORD. 09-040 INC. Foreclosures must be registered with the City by the lender. Return form and pay fee. Officer Guillaume presented the case as contained in the staff report. Staff recommended 15 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaTour moved that this Board find that U.S. Bank National Assoc. 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 4,2010. 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 4, 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. Ms. Carroll seconded the motion that unanimously passed. Case #09-3489 Jeannine Toussaint & Marie M. Francois 501 NE 15th Avenue CO CH15 Sec. 15-120 (D) INC. Repair driveway apron. Location: Violation(s): Officer Guillaume presented the case as contained in the staff report. Staff recommended 30 days be given to correct the violation. 15 Meeting Minutes Code Compliance Board Boynton Beach, FL February 17, 2010 Motion Based on the testimony and evidence presented in the aforementioned case, Ms. LaTour moved that this Board find that Jeannine Toussaint & Marie M. Francois 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 March 19, 2010. 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 March 19, 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. Mr. Brake seconded the motion that unanimously passed. Case #09-3490 Location: Violation(s): Precision Investments Inc. 123 NE 15th Avenue CO CH15 Sec. 15-120 (D) INC. CO CH13 SEC. 13-16 Business Tax Receipt required to rent residence. Remove unlicensed and inoperable vehicle. Officer Guillaume presented the case as contained in the staff report. Staff recommended 30 days be given to correct the violation. It was noted the vehicle was removed. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Precision Investments 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 March 4, 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 4, 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. Brake seconded the motion that unanimously passed. Case #09-3848 Location: Violation(s): Joseph Reale 2081 NW 2nd Ct. CO CH15 Sec. 15-120 (D) INC. 16 Meeting Minutes Code Compliance Board Boynton Beach, FL February 17, 2010 CO CH13 SEC. 13-16 Business Tax Receipt required to rent residence. Repair or replace driveway apron. Officer Guillaume presented the case as contained in the staff report. Staff recommended 30 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Joseph Reale 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 March 19,2010. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past March 19, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that unanimously passed. Case #09-3908 Location: Violation( s): Claudette Brinkman 645 Lake Street CO CH15 SEC. 15-120 (A) CO CH20 SEC. 20-6 LDR CH2 SEC. 5(G) (1) CO CH10 SEC. 10-57(A) CO CH10 SEC. 10-56(B) Repair fence. Remove outside storage. Only two recreational vehicles allowed on premises. Trim trees overhanging the right- of-way to a height of 14 feet. Trim hedges along fence. Officer Guillaume presented the case as contained in the staff report. Staff recommended 15 days be given to correct the violations. The overgrown trees presented a safety hazard for motorists. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Claudette Brinkman is in violation of the City of 17 Meeting Minutes Code Compliance Board Boynton Beach, FL February 17, 2010 Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before February 27, 2010. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past February 27,2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case #09-3135 Location: Violation(s): National Land Company Inc. 12807 Lake Drive CO CH10 SEC 10-60(A) CHP 13, ART 1 SEC 13-16 CO CH20 SEC 20-6 BBA FBC '07 ED. 105.1 CO CH10 SEC. 10-56(B)(D) Remove outside storage, unpermitted signs, barricades from exits, unlicensed business from property, unregistered and inoperable vehicles, remove or repair broken windows, damaged sofit and facia. Install six-inch numbers on building. Officer Herring presented the case as contained in the staff report. Staff recommended the item be tabled to the April 21, 2010 meeting. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on April 21, 2010. Mr. Brake seconded the motion that unanimously passed. Case #10-51 Boynton Beach Investment Holdings 1115 N. Federal Highway CO CH13 SEC. 13-15 Police Incident Report #9055037 details activities at the location exceeds the scope of the Business Tax Receipt. Location: Violation(s): 18 Meeting Minutes Code Compliance Board Boynton Beach, FL February 17, 2010 Officer Herring presented the case as contained in the staff report. The Police Incident Report, dated October 31, 2009, revealed felonious crimes, racketeering, unlawful possession of property for sale, sale of controlled substance, felony public nuisance derived and support from proceeds of prostitution, solicitation for prostitution. A cease and desist order was recommended. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that a Cease and Desist Order be issued giving Boynton Beach Investment Holdings until February 27, 2010 to bring the violation(s) of City of Boynton Beach Code sections as cited into compliance. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that a fine in the amount of $500 per recurrence of the violation thereafter shall be imposed upon the respondents. Mr. LaTour seconded the motion that passed unanimously. Case #09-3151 Location: Violation(s): Deutsche Bank 1053 Coral Drive CO CH10 ORD 09-040 Foreclosures must be registered with the City by the lender. Return form and pay fine. Officer Lewis presented the case as contained in the staff report. Staff recommended giving 15 days to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaTour moved that this Board find that Deutsche 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 March 4, 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 4, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case #09-3746 Location: Violation(s): JCR Holdings LLC 3465 High Ridge Road BBA FBC '07 ED. 105.1 19 Meeting Minutes Code Compliance Board Boynton Beach, FL February 17, 2010 Red Tag. Secure permit for ice maker. Officer Lewis presented the case as contained in the notice of violation. Staff recommended 30 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that JCR Holdings 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 March 19, 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 19, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that unanimously passed. Case #09-3875 Location: Violation(s): Bank of New York 5 Corie Place CO CH10 SEC. 10-56(D) Bee infestation. Extermination needed. Repair fence. Officer Lewis presented the case as contained in the notice of violation. The case was a health and safety hazard. Staff recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Bank of New York 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 February 27, 2010. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past February 27,2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that unanimously passed. 20 Meeting Minutes Code Compliance Board Boynton Beach, FL February 17, 2010 Case #09-3901 Location: Violation(s): Quality Warehouses Corp. 3020 High Ridge Road 100 BBA FBC '07 ED 105.1 Red Tagged. Obtain permits for installation of steel rack system over 8' and removal of wall between west side of bay unit 100. Officer Lewis presented the case as contained in the notice of violation. Staff recommended 30 days be given to correct the violation in bay 100 only. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaTour moved that this Board find that Quality Warehouses Corp. 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 March 19, 2010. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past March 19, 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. Ms. Carroll seconded the motion that unanimously passed. Case #09-3904 Location: Violation( s): Anael Noel & Fritz Torchon 77 Baytree Circle 104.6.1 FBC '01 ED BBA Re-roof building permit expired. Red Tagged. Final inspection needed. Officer Lewis presented the case as contained in the notice of violation. Staff recommended 60 days be given to correct the violation. There was discussion the owner was present earlier in the meeting. He purchased the property in 2006 after the building permit was pulled in 2005. The owner was given the name of the roofing company and he would be contacting the Building Department. A final inspection was all that was needed. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Anael Noel & Fritz Torchon are in violation of the 21 Meeting Minutes Code Compliance Board Boynton Beach, FL February 17, 2010 City of Boynton Beach Code section cited and moved to Order that the Respondents correct the violation on or before April 18, 2010. 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 April 18, 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. Mr. Brake seconded the motion that unanimously passed. Case #09-3921 Location: Violation(s): Willie Mae Hankerson 320 NW 2nd Street CO CH15 SEC 15-120(E) INC Repair or replace roof and soffits. Paint garage door. Mike Melillo, Senior Code Compliance Officer, presented the case as contained in the staff report. There were health, safety, and hurricane hazards. Staff recommended 30 days be given to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Willie Mae Hankerson 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 19, 2010. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $150 per day for each day the violation continues past March 19, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case #10-44 Location: Violation(s): Steve & Lashanda Carty 601 NW 5th Street CO CH15 SEC 15-120(D) INC Repair flat tires on Infinity. Vehicles must be registered and operable per City Code. Officer Melillo presented the case as contained in the staff report. Staff recommended 10 days be given to comply. 22 Meeting Minutes Code Compliance Board Boynton Beach, FL February 17, 2010 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Latour moved that this Board find that Steve and Lashanda Carty 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 February 27, 2010. 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 February 27, 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. Mr. Karageorge seconded the motion that unanimously passed. Case #10-77 Location: Violation(s): Katreena l. Steward 119 NW 3rd Avenue CO CH15 SEC 15-120(D) INC Remove unregistered/inoperable motor vehicles and trash and debris. Officer Melillo presented the case as contained in the staff report. Staff recommended 10 days be given to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Katreena L. Steward 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 February 27, 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 February 27, 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. Ms. Carroll seconded the motion that unanimously passed. Case #09-3970 Location: Violation(s): Freemont Investment & Loan 3315 S. Seacrest Blvd. CO CH15 SEC 15-120(0) INC Mow and trim yard. Repair rotten wood on structure. 23 Meeting Minutes Code Compliance Board Boynton Beach, FL February 17, 2010 Officer Pierre presented the case as contained in the staff report. Staff recommended 10 days be given to comply. The Respondent was a repeat violator. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Freemont Investment & Loan 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 February 27, 2010. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $150 per day for each day the violation continues past February 27, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaTour seconded the motion that unanimously passed. Case #09-3983 Location: Violation(s): Roselie Albert 178 SE 29th Avenue BBA FBC '07 ED 105.1 Red Tagged. Permit to remodel needed including water heater, electric, air conditioning and windows. Officer Pierre presented the case as contained in the staff report. Staff recommended 30 days be given to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Roselie Albert 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 19, 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 19, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that unanimously passed. Case #10-31 Location: Spyder Acquisitions LLC 315 NW 1st Avenue 24 Meeting Minutes Code Compliance Board Boynton Beach, FL February 17, 2010 Violation(s): CO CH13 SEC. 13-16 Business Tax Receipt required to rent residence. Officer Roy presented the case as contained in the staff report. Staff recommended 10 days be given to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Spyder Acquisitions 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 February 27, 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 February 27,2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaTour seconded the motion that unanimously passed. Case #10-43 Location: Violation(s): Countrywide Home loans 228 SW 8th Avenue CO CH10 ORD. 09-040 CO CH10 SEC. 10-56 (A) (C) (D) Vacant foreclosed property must be registered by the lender with the City. Return form and pay fee. Mow and trim vegetation. Remove trash and debris. Secure dwelling and maintain pool. Officer Roy presented the case as contained in the staff report. Staff recommended 10 days be given to comply. The violations were a health and safety hazard. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Countrywide Home Loans 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 February 27, 2010. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply 25 Meeting Minutes Code Compliance Board Boynton Beach, FL February 17, 2010 with this Order, a fine in the amount of $150 per day for each day the violations continue past February 27, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion. There was discussion the fine was not appropriate for a health and safety hazard. Ms. Carroll amended her motion to reflect a fine of $250 per day. Mr. Foot agreed to the amendment. A vote was taken and unanimously passed. Case #10-73 Location: Violation(s): Bank of America 318 SW 14th Avenue CO CH10 ORD. 09-040 CO CH10 SEC. 10-56 (A) (B) CO CH15 SEC 15-120(D) INC Vacant foreclosed property must be registered by the lender with the City. Return form and pay fee. Mow and trim overgrowth. Repair driveway. Officer Roy presented the case as contained in the staff report. Staff recommended 30 days be given to comply. The registration portion of the violation was addressed. The lawn was mowed, but needed to be mowed again. The driveway violation remained outstanding. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Bank of America is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before March 19,2010. 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 $75 per day for each day the violation continues past March 19, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case #09-3939 Location: Violation(s): William & Rosilda Donahue 616 NE 9th Avenue CO CH10 SEC. 10-56 (D) Mow and trim yard. Remove trash and debris. House 26 Meeting Minutes Code Compliance Board Boynton Beach, FL February 17, 2010 numbers must be visible from the street. Officer Webb presented the case as contained in the staff report. Staff recommended 10 days be given to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that William & Rosilda Donahue are in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondents correct the violations on or before February 27, 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 $50 per day for each day the violations continue past February 27, 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. Mr. LaTour seconded the motion that unanimously passed. Case #09-3944 Location: Violation(s): Carlos Vargas 100 NE 6th Street 210 CHP 13. ART 1 SEC 13-16 Business Tax Receipt required to rent residence. Officer Webb presented the case as contained in the staff report. Staff recommended 10 days be given to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Carlos Vargas 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 February 27, 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 February 27, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that unanimously passed. (Mr. Foot left the meeting at 9:00 p. m.) 27 Meeting Minutes Code Compliance Board Boynton Beach, FL February 17, 2010 Case #09-3953 Location: Violation(s): Dheeraj & Dilraj Verma 100 NE 6th Street 407 CHP 13. ART 1 SEC 13-16 Business Tax Receipt required to rent residence. Officer Webb presented the case as contained in the staff report. Staff recommended 10 days be given to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaTour moved that this Board find that Dheeraj & Kilraj Verma 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 February 27, 2010. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondent and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past February 27, 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. Ms. Carroll seconded the motion that unanimously passed. Case #10-59 Location: Violation(s): David and Dorothy Staples 625 Casa Loma Blvd. 207 CO CH13 SEC 13-16 Business Tax Receipt required to rent residence. Officer Webb presented the case as contained in the staff report. Staff recommended 10 days be given to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaTour moved that this Board find that David and Dorothy Staples 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 February 27, 2010. 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 February 27, 2010 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in 28 Meeting Minutes Code Compliance Board Boynton Beach, FL February 17, 2010 order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case #10-94 Location: Violation(s): Martin S. Steinhardt Tr. 700 E. Boynton Beach Blvd. 704 CO CH13 SEC 13-16 Business Tax Receipt required to rent residence. Officer Webb presented the case as contained in the staff report. Staff recommended 10 days be given to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Martin S. Steinhardt Tr. is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before February 27, 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 February 27, 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. Ms. Carroll seconded the motion that unanimously passed. Case #10-104 Location: Violation(s): Jose I. Delfino 700 E. Boynton Beach Blvd. 704 CO CH13 SEC 13-16 Business Tax Receipt required to rent residence. Officer Webb presented the case as contained in the staff report. Staff recommended 10 days be given to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageroge moved that this Board find that Martin S. Steinhardt Tr. is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before February 27, 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 29 Meeting Minutes Code Compliance Board Boynton Beach, FL February 17, 2010 February 27, 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. Ms. Carroll seconded the motion that unanimously passed. Officer Roy recommended the follow cases be certified at $50 per day: Case #09-657 John F. Fitzpatrick 103 SE 5th Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that the Respondent has not complied with this Board's Order dated June 19, 2009, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $50 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case #09-3839 First Impressions Academy of Boynton, Inc. 3250 Old Boynton Rd. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that the Respondents have not complied with this Board's Order dated January 20, 2010, and having considered the gravity of the violations, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $50 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case #09-3256 Icemique & Selita Rene 2451 NE 1st Lane Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that the Respondent has not complied with this Board's Order dated December 16, 2009, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $50 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered 30 Meeting Minutes Code Compliance Board Boynton Beach, FL February 17, 2010 based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case #09-3530 Kyle Smith & Katherine Joyce 647 South Road Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that the Respondent has not complied with this Board's Order dated December 16, 2009, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $50 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case #09-3806 Sauternes V. LLC 706 NE 7th Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that the Respondent has not complied with this Board's Order dated January 20, 2010, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $50 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Officer Roy recommended the follow cases be certified at $100 per day: Case #09-3487 Gerard J. Cothias 50 Bentwater Circle Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated December 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 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. 31 Meeting Minutes Code Compliance Board Boynton Beach, FL February 17, 2010 Case #09-3382 Amson Cetoute & Rolande Lovinsky 8052 Stirrup Cay Ct. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondents have not complied with this Board's Order dated December 16, 2009, and having considered the gravity of the violations, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $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. LaTour seconded the motion that unanimously passed. Case #09-3736 John Disilvio 144 SE 28th Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated January 20, 2010, 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. LaTour seconded the motion that unanimously passed. Case #09-3505 Freynel R. Jean-Baptiste 417 N. Federal Hgwy Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated December 16, 2010, 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. LaTour seconded the motion that unanimously passed. Case #09-3554 Stephen & Laura Gallagher 801 South Road Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondents have not complied with this Board's Order dated December 16, 2010, and having considered the gravity of the 32 Meeting Minutes Code Compliance Board Boynton Beach, FL February 17, 2010 violation, the actions taken by the Respondenst, 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. LaTour seconded the motion that unanimously passed. Officer Roy recommended the follow cases be certified at $150 per day: Case #09-3357 Lucienne & Fresnel Osirus 3039 Grove Road Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondents have not complied with this Board's Order dated December 16, 2010, 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. LaTour seconded the motion that unanimously passed. Case #09-3774 United Capital Group LLC 641 NW 5th Street Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaTour moved that this Board find that the Respondent has not complied with this Board's Order dated January 20, 2010, 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 $150 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Karageorge seconded the motion that unanimously passed. Officer Roy recommended the follow cases be certified at $200 per day: Case #09-3443 Everhome Mortgage Co. 281 NE 27th Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated December 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 $200 per day plus administrative costs which shall continue to accrue 33 Meeting Minutes Code Compliance Board Boynton Beach, FL February 17, 2010 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 #09-3497 Deutsche Bank National Trust 2801 NE 4th Street Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated December 16, 2009, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $200 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaTour seconded the motion that unanimously passed. Case #09-3737 Justin Reiland 514 NW 11th Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated December 16, 2009, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $200 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaTour seconded the motion that unanimously passed. Case #09-3759 Tammy M. Anderson 550 NW 11th Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated January 20, 2010, 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 $200 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaTour seconded the motion that unanimously passed. Case #09-3772 Benel & Yves Joseph 520 NW 11th Avenue 34 Meeting Minutes Code Compliance Board Boynton Beach, FL February 17, 2010 Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondents have not complied with this Board's Order dated January 20, 2010, 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 $200 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. LaTour seconded the motion that unanimously passed. Case #09-3236 Daniel D. Dodge 659 Manor Drive Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated November 18, 2009, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $200 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaTour seconded the motion that unanimously passed. Case #09-3523 Kyle Smith & Katherine Joyce 647 South Road Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondents has not complied with this Board's Order dated December 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 $200 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. LaTour seconded the motion that unanimously passed. Officer Roy recommended the follow cases be certified at $250 per day: Case #09-3496 u.s. Bank National Assoc. 2891 NE 4th Street Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent has not complied with this 35 Meeting Minutes Code Compliance Board Boynton Beach, FL February 17, 2010 Board's Order dated December 16, 2009, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $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. LaTour seconded the motion that unanimously passed. Case #09-3469 u.s. Bank National Assoc. 111 NE 17th Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated December 16, 2009, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $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. LaTour seconded the motion that unanimously passed. Case #09-3486 Wachovia Mortgage 400 NE 15th Court Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated December 16, 2009, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $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. LaTour seconded the motion that unanimously passed. Case #09-3493 Citimortgage Inc. 706 Ocean Inlet Drive Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated December 16, 2009, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $250 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered 36 Meeting Minutes Code Compliance Board Boynton Beach, FL February 17, 2010 based upon this certification of fine. Mr. LaTour seconded the motion that unanimously passed. Case #09-3383 Boynton Ventures I LLC 101 S. Federal Hwy Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated November 18, 2009, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $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. LaTour seconded the motion that unanimously passed. Case #09-3024 J. & Willie Mae Murray 545 NW 11th Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated November 18, 2009, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $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. LaTour seconded the motion that unanimously passed. Case #09-3450 Michael P. Jablonsky 718 SW 24th Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated December 16, 2009, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $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. LaTour seconded the motion that unanimously passed. Case #09-3504 Wells Fargo Bank 714 SW 24th Avenue 37 Meeting Minutes Code Compliance Board Boynton Beach, FL February 17, 2010 Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated December 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. LaTour seconded the motion that unanimously passed. Case #09-3091 Victor Cook 653 SW 1st Court Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated November 18, 2009, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $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. LaTour seconded the motion that unanimously passed. Case #09-3873 Victor Cook 653 SW 1 st Court Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated January 20, 2010, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $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. LaTour seconded the motion that unanimously passed. Officer Roy recommended the follow cases be certified at $500 per day: Case #09-3895 Bank of America 930 Chapel Hill Blvd. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated January 20, 2010, and having considered the gravity of the 38 Meeting Minutes Code Compliance Board Boynton Beach, FL February 17, 2010 violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $500 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Karageorge seconded the motion that unanimously passed. Case #09-3388 Wells Fargo Bank 118 SE 29th Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated December 16, 2010, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $500 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Karageorge seconded the motion that unanimously passed. Officer Roy recommended "No Fine" the follow cases as they complied: Case #09-2197 Peter & Kathleen Castagna 605 Meadows Circle Motion Based on testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondents, Peter & Kathleen Castagna, were in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Order of November 18, 2009, and in consideration of the gravity of the violation and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents, that this Board impose and certify "No Fine." Mr. Karageorge seconded the motion that unanimously passed. Case #09-3170 Stuart & Michelle Armstrong 700 W. Boynton Beach Blvd. Motion Based on testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondents, Stuart & Michelle Armstrong, were in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Order of November 18, 2009, and in consideration of the gravity of the violation and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents, that this Board 39 Meeting Minutes Code Compliance Board Boynton Beach, FL February 17, 2010 impose and certify "No Fine." Mr. Karageorge seconded the motion that unanimously passed. Case #09-3627 1420 Holdings - Isoloni Marble 1420 SW 30th Ave. 01 Motion Based on testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondents, 1420 Holdings - Isoloni Marble, were in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Order of November 18, 2009, and in consideration of the gravity of the violation and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents, that this Board impose and certify "No Fine." Mr. Karageorge seconded the motion that unanimously passed. Case #09-3628 1420 Holdings - Atlantic Granite 1420 SW 30th Ave. 01 Motion Based on testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondents, 1420 Holdings - Atlantic Granite, were in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Order of January 20, 2010, and in consideration of the gravity of the violation and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents, that this Board impose and certify "No Fine." Mr. Karageorge seconded the motion that unanimously passed. Case #09-3827 Raymond Marcinkoski - Mike's Auto 509 Industrial Ave. 1 Motion Based on testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondents, Raymond Marcinkoski - Mike's Auto were in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Order of January 20, 2010, and in consideration of the gravity of the violation and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents, that this Board impose and certify "No Fine." Mr. Karageorge seconded the motion that unanimously passed. Case #09-2010 Vincent Saffiotti 111 Meadows Circle 40 Meeting Minutes Code Compliance Board Boynton Beach, FL February 17, 2010 Motion Based on testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent, Vincent Saffiotti, was in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Order of August 18, 2009, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent, that this Board impose and certify "No Fine." Mr. Karageorge seconded the motion that unanimously passed. Case #09-3415 Helena Maarit Forsbom Huovinen 217 NW 3rd Ave. Motion Based on testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent, Helena Maarit Forsbom Huovinen, were in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Order of December 16, 2009, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent, that this Board impose and certify "No Fine." Mr. Karageorge seconded the motion that unanimously passed. Case #09-3892 Adam Destin 609 W. Ocean Avenue Motion Based on testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent, Adam Destin 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 January 20, 2010 and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent, that this Board impose and certify "No Fine." Mr. Karageorge seconded the motion that unanimously passed. When the Board previously made a finding, a violation existed for Case #09-3627 pertaining to 1420 Holdings - Isaloni Marble, Case #09-3628, pertaining to 1420 Holdings - Atlantic Granite, and Case #09-3827 pertaining to Raymond Marcinkoski - Mike's Auto, two orders were issued; one to the landlord and one to the tenant. For the record, the above motion applied to both orders issued for those cases. Motion Ms. Carol! so moved. Mr. Karageorge seconded the motion that unanimously passed. 41 Meeting Minutes Code Compliance Board Boynton Beach, FL February 17, 2010 Officer Roy requested the following cases be tabled to March 17,2010: Case #09-3094 Felix & Stella M. Gazul 714 Presidential Dr. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on March 17, 2010. Mr. LaTour seconded the motion that unanimously passed. Case #09-1063 Meadows on the Green Condo Assoc. 100 Meadows Circle Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on March 17, 2010. Mr. LaTour seconded the motion that unanimously passed. Case #09-2680 Carl & Edmund Deveaux 1000 Miner Rd. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on March 17, 2010. Mr. LaTour seconded the motion that unanimously passed. It was put on record that Mr. Deveaux was present at the meeting and spoke with Mr. Blasie. Mr. Blasie requested the case be tabled to March 17,2010. Case #09-3623 Bible Church of God Inc. 1390 N. Seacrest Blvd. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on March 17, 2010. Mr. LaTour seconded the motion that unanimously passed. Case #09-3533 HSBC Bank USA National Assoc. 460 Ocean Ave. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on March 17, 2010. Mr. LaTour seconded the motion that unanimously passed. 42 Meeting Minutes Code Compliance Board Boynton Beach, FL February 17, 2010 Mr. Blasie requested a motion to reconsider the Board Orders for the following case: Case #09-3432 Location: Violation( s): Grove Plaza D LLC - Tilden Car Care 3924 Hypoluxo Road CO CH2.5 SEC. 2.5-12+13 Excessive false alarms. Motion Mr. Karageorge moved to reconsider. Ms. Carroll seconded the motion that unanimously passed. Mr. Blasie explained this case complied before it was presented to the Board. Accordingly, a motion to rescind the Board Order was needed. Motion Mr. Karageorge moved to rescind the Board Order for Case #09-3432. Mr. LaTour seconded the motion that unanimously passed. Mr. Karageorge clarified the rescission pertained to both Board Orders. Officer Roy requested a motion to reconsider the Fine Certification for the following case and administer a fine of $200 per day instead of the $50 per day as noted on the Board Order: Case #09-3025 Location: Violation(s): West Ocean Blvd. Trust 564 W. Ocean Avenue CO CH15 SEC. 15-120 (D) Inc. CO CH1 0 SEC 10-56 (A) (B) Mow and maintain vacant lot. Motion Mr. LaTour moved to reconsider. Ms. Carroll seconded the motion that unanimously passed. The Board Order was for $200 per day. Staff typed it in the narrative as $50. Consequently at Fine Certification, the Fine was certified at $50 when the Board Order stated it should have been $200. The action was requested to make the matter consistent with the Board Order. 43 Meeting Minutes Code Compliance Board Boynton Beach, FL February 17, 2010 Motion Ms. Carroll moved to certify the fine at $200 per day. Mr. LaTour seconded the motion that unanimously passed. VI. Discussion Ms. Springer ascertained Commission Chambers were available for a meeting on the third Monday, fourth Wednesday and third Thursday of the month at 4:00 p.m. After discussion, it was decided the matter should be tabled until the full Board was present. There was agreement to authorize the members to contact staff with their preferences for the meeting date. VII. Adjournment Motion Mr. LaTour moved to adjourn. Mr. Karageorge seconded the motion that unanimously passed. The meeting adjourned at 9:16 p.m. (!culvwt~ n 10 l1l1 J Catherine Cherry'-"1'-'V'"' ~O Recording Secretary 02-18-10 44