Loading...
Minutes 05-19-10 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, MAY 19, 2010, AT 6:30 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Scott Blasie, Code Compliance Administrator Richard Yerzy, Vice Chair James Cherof, City Attorney James Brake Shana Bridgeman, Assistant City Attorney Robert Foot Mark Karageorge Jamie LaTour Kathleen Carroll, Alternate ABSENT: Kirk LaRock I. Call to Order Chair Costantino called the meeting to order at 6:30 p.m. II. Approval of Minutes of April 21, 2010 Motion Mr. Foot moved to approve the minutes as corrected. Mr. Karageorge seconded the motion that passed unanimously. III. Approval of Agenda Willie Webb, Senior Code Officer, recommended Case #09-3194 be tabled to July 21, 2010. Motion Mr. Brake moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on July 21, 2010. Ms. Carroll seconded the motion that unanimously passed. Officer Webb reported the following cases were brought into compliance: #10-577, 10- 791, 10-900, 10-903, 10-921, 10-923, 10-926, 10-969, 10-1075 and 10-1119. Officer Webb reported the following cases were removed: 10-764, 10-844, 10-1061 and 10-673. 1 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 19, 2010 Officer Webb advised Case #10-844 was removed and while he advised Case #10-972 was removed, it should remain on the agenda. Motion Mr. LaTour removed to accept the agenda as amended. Mr. Brake seconded the motion that passed unanimously. IV. Swearing in of Witnesses and Introduction Attorney Bridgeman set forth an explanation of the hearing procedure and administered the oath to all who would be testifying. Officer Webb called the roll and determined who was present. Case #10-1145 Benellie Padilla and Randy Hache th Address: 153 SE 30 Ave. Violation: BBA FFBC '04 105.1.1 Window permit has expired due to time limitations. Secure permit per red tag. Vestiguerne Pierre, Senior Code Officer presented the case and reviewed the details of the violation. Barbara Gonzales appeared on behalf of BAC Home Loans Servicing, 1800 NW 49 St., Fort Lauderdale and pled no contest. The case had recently been referred to her for litigation, as counsel for the homeowner had filed an answer and affirmative defense. Ms. Gonzales requested the case be postponed for 60 days to determine whether the property was vacant and what had to be done to bring the property into compliance. If the property was vacant, access to the property would be required for the inspection to be conducted. Officer Pierre had no objection to tabling the case for 60 days. Installation of the window had been completed. However, according to the Building Department, the inspection had failed. The property was not occupied. Rather than tabling the case, Mr. Foot suggested a 60-day limit be placed, with a fine to begin accruing at the end of the 60-day period. 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 19, 2010 Scott Blasie, Code Compliance Administrator, felt the case should not have been brought before the Board. The Bank was not the property owner and as such, could not pull a permit. He did not believe the issue could be remedied until the foreclosure had been resolved, and suggested the matter be tabled for 90 or 120 days. Motion Mr. Karageorge moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on August 18, 2010. Ms. Carroll seconded the motion that unanimously passed. Mr. Foot felt tabling the matter would create unnecessary paperwork for Code Compliance and the Board if the case was resolved within a reasonable period of time. The motion passed 6-1 (Mr. Foot dissenting). th Case #09-3694 BAC Home Loans Servicing 2602 SW 8 St. Officer Pierre presented the case and reviewed the details of the violation, noting the property was in foreclosure. While the property had been registered, the lawn was still overgrown. The case had been presented to the Board on January 20, 2010, and no one had appeared. The Board had established a compliance date of February 4, 2010, or $150 per day. The violation still existed, with 103 days of non-compliance. Barbara Gonzales appeared on behalf of BAC Home Loans Servicing, 1800 NW 49 St., Fort Lauderdale. She had contacted the client to address the overgrown lawn and was advised their Property Preservation Department would mow the lawn on May 20, 2010. She requested the lien not be certified in order that the situation could be remedied by May 20, 2010. Motion Mr. Foot moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on June 16, 2010. Mr. Karageorge seconded the motion that unanimously passed. It was noted the matter was being tabled as the issue could be remedied in a day and the fine could be certified at the next Code Compliance Board meeting. The motion passed unanimously. 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 19, 2010 Case #10-93 Flagstar Bank 2950 S. Seacrest Blvd. Officer Pierre presented the case and reviewed the details of the violation against the property, which was in foreclosure. The case had been presented to the Board on February 17, 2010, and Attorney Ryan Shipp had appeared. The Board had established a compliance date of March 19, 2010, or $50 per day. The violation still existed, with 60 days of non-compliance. While the property had been mowed and cleared, it had not been registered. Barbara Gonzales appeared on behalf of Flagstar Bank, 1800 NW 49 St., Fort Lauderdale. She requested an additional 30 days be granted until the next Code Compliance Board meeting to register the property. The lender had already been notified that the property was required to be registered as soon as possible. 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 February 17, 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 $50 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaTour seconded the motion that unanimously passed. Case #10-564 Salvatore M. DeCanio Location: 211 E. Boynton Beach Blvd. CO CH10 SEC. 10-56(B) Violations: CO CH10 EC. 10-56(D) Repair or replace canopy material on the overhang extension in front of building. Replace dead grass around building. Officer Webb presented the case and reviewed the details of the violations. The initial inspection was completed on February 19, 2000. The Respondent was given 10 days to comply. Service was effectuated by regular and certified mail and the green card had been signed. It was noted the violations could result in health hazards. Photographs were provided for the Board's review Salvatore M. DeCanio, 9 Fairway Drive, pled no contest, and advised the violations had been rectified as of the morning of May 19, 2010. The torn canvass awning, which had been was damaged during a hurricane, was removed. However, the metal 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 19, 2010 structure underneath was bare. The property would be sold, and the new canvass would be installed when a new tenant had been secured. The dead grass had been removed. Dr. DeCanio noted he had always maintained contact with Officer Webb to ensure compliance. Dr. DeCanio had taken measures to ensure the grass had been mowed regularly from the time the property had been cited. He noted the dead grass was caused by a faulty sprinkler system. Rather than re-sodding, Dr. DeCanio inquired whether he could mulch the area. As the request did not fall under the Board's purview, Chair Costantino recommended compliance issues be resolved with the Code Compliance Officer. Officer Webb suggested Dr. DeCanio contact the Planning and Zoning Department to discuss modifications to the site plan. Mr. Blasie agreed it would be necessary for Dr. DeCanio to consult with the Planning and Zoning Department, as the property was zoned for commercial use and was approved with a particular motif. Mr. Blasie reiterated the tattered awning had been removed and the structure underneath had been approved. Mr. Blasie suggested the matter be tabled until the next meeting, and by that time, Dr. DeCanio would have had an opportunity to meet with the Planning and Zoning Department. It was questioned whether the bare framework was acceptable under the City's Code. Mr. Blasie believed it was not acceptable. The project had been approved with the awning, which was intended to enhance the project's appearance, and it was not the City's intent to have a uncovered awning. He noted this issue should be addressed with the Planning and Zoning Department as well. Motion Vice Chair Yerzy moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on June 16, 2010. Ms. Carroll seconded the motion. Mr. Foot protested the procedure utilized in this case and did not understand why a schedule could not be set. If compliance had not been achieved by the date set, the fine would accrue. The motion passed 6-1 (Mr. Foot dissenting). Case #09-1881 930 Chapel Hill Blvd. Dushyant & Jashminimen Patel 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 19, 2010 Scott Blasie, Code Compliance Administrator, advised a lien reduction meeting was held on May 17, 2010. At that time, it was suggested by City Attorney James Cherof that based upon a lack of evidence to compel the Board to offer a reduction or waiver of fines, research be conducted and Mr. Patel could return to the Board with sufficient evidence allowing the Board to render a decision on this case. Kenny Patel, 214 East Ocean Avenue, advised he was the brother of the Respondent and was in possession of a financial statement and additional information relating to a short sale of the property. Mike Biddelman, of Boynton Beach Realty, was handling the short sale, and he had attempted to contact the purchaser, a police officer with the City of Boynton Beach. If the lien remained, the property could not be sold. Mr. Patel was also in possession of a letter from the Bank of America advising that the Bank would be foreclosing on the property on May 28, 2010. It was Mr. Patel's understanding that Attorney Cherof was also in possession of the additional information, the short-sale contract and the letter from the Bank. Attorney Cherof had spoken with Mr. Biddelman, who was coordinating the sale of the property. Mr. Biddelman had indicated the company would prepare a closing statement that would denote who would be receiving the monies from the pending sale. Attorney Cherof reviewed the contract and could not determine whether the purchaser was a Boynton Beach police officer. The contract provided for a June 30, 2010 closing date, and there was no contingency based upon the sale of the property. It was possible a foreclosure proceeding was pending. Attorney Cherof checked the public records and court records and determined the City had not been listed as a party of interest in any foreclosure proceedings. If a foreclosure proceeding were to go forward later this month, the lien would survive and could be dealt with at the closing on or before June 30, 2010. Attorney Cherof recommended the matter be tabled until the next meeting in order that a closing statement could be provided for review. The closing statement should indicate the parties who were to receive a portion of the $160,000 to be paid by the purchaser. It could then be determined whether or not the City's claim of lien would be satisfied and whether any proceeds would remain. It was Attorney Cherof's understanding that the only party of interest in this case that had not been notified was the Bank. Michael Biddelman, 77 Sausalito Drive, advised he was the broker involved with the property. The title company could not furnish the Housing and Urban Development (HUD) statement as the second mortgage had not yet been satisfied. Currently, the Bank of America would receive $130,904.93. The sum of approximately $30,000 would remain. In an attempt to resolve the issue, the title company had offered the sum of $8,500 to the second mortgagee. The second mortgagee, however, refused the offer, requiring instead the sum of $27,000. Mr. Biddelman was not in possession of the 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 19, 2010 preliminary HUD statement indicating the amount requested by the first lender from the second lender. Attorney Cherof indicated that although the City was not currently a party to the foreclosure proceeding, it could be named as a party in a short period of time and the City could be contacted to obtain a release of lien. This, however, was speculative. He reiterated the lien would survive the foreclosure. It was Attorney Cherof's understanding that if the second mortgage holder had been joined in the lawsuit and its lien had been eradicated, the $8,500 offer might be available to satisfy the City's lien. Motion Mr. LaTour moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on June 16, 2010. Mr. Karageorge seconded the motion that unanimously passed. (Attorney Cherof left the meeting at 7:13 p.m.) Case 10-572 Michael R. Rogers rd Location: 111 NE 3 Ave. Violations: CH CH10 SEC. 10-56(A) CH CH10 SEC. 10-56(B) CH CH10 SEC. 10-56(D) CH CH10 SEC. 10-56(G) Property must be mowed, trimmed and kept free of all loose trash and debris. Remove all unlicensed and inoperable vehicles from property. Place four-inch house numbers on building visible from City street. Officer Webb presented the case and reviewed the details of the violations. The Respondent had been given 10 days to comply. Service was effectuated by certified mail and the green card had been signed. The notice was also sent by regular mail. rd Michael R. Rogers, 111 NE 3 Ave., and Paul Fitzgerald, 2839 Coccoloba Lane, were present. Mr. Rogers pled not guilty. Officer Webb provided photographs for the Board's review. Mr. Rogers indicated the plate for the vehicle would be issued by the State this month, and most of the property had been cleared. The remaining violations would be cured in 30 days. Mr. Fitzgerald remarked he had just been made Property Manager for the premises and would contact Officer Webb to determine what had to be done to bring the property into compliance. Officer Webb pointed out he had been at 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 19, 2010 the premises on several occasions and was concerned about the individuals in the trailer and the makeshift bedroom in the van. Mr. Rogers reiterated his assurances to remedy the violations. It was noted Mr. Rogers was not a repeat offender in this instance. While there had been previous violations existing at the premises, Mr. Rogers was cited for other Code violations in this case. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Michael R. Rogers 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 June 3, 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 June 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. Karageorge seconded the motion that unanimously passed. Case #09-3135 National Land Company, Inc. Location: 12807 Lake Dr. Violations: CO CH10 SEC. 10-60 (A) CHP. 13, ART. 1 SEC 13-16 CO CH15 SEC.15-120(D) INC. CO CH20 SEC. 20-6 BBA FBC '07 ED. 105.1 CO CH10 SEC. 10-56 (B) CO CH10 SEC. 10-56 (D) Remove all outside storage; install 6- inch address numbers on building; remove all unpermitted signs; repair all broken windows on property; repair or replace damaged soffit and facia; remove all barricades from exits and all unlicensed businesses from property; remove all unregistered and inoperable vehicles/trailers. 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 19, 2010 John Herring, Code Officer, presented the case and reviewed the details of the violations. The property had been cleaned up and the only violation remaining was the unlicensed businesses that were operating at the location. Staff recommended 10 be given days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that National Land Company, 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 29, 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 May 29 , 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 #10-1213 3445 High Ridge Rd. LLC- Quad H Technology Corp. Location: 3445 High Ridge Rd. Violation: CO CH13 SEC.13-16 Quad H Technology Corp. doing business without a Business Tax Receipt. Mike Melillo, Senior Code Officer, presented the case and reviewed the details of the violation. Staff recommended 10 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Quad H Technology Corp. is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before May 29, 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 May 29, 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- 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 19, 2010 inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case 10-971 Regency Centers Inc.- Baskin Robbins Location: 4774 N. Congress Ave. Violation: CO CH19 SEC.9-22(C) Annual fire inspection fees. Skip Lewis, Senior Code Officer, presented the case and reviewed the details of the violation. Staff recommended 15 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Regency Centers Inc. is in violation of City of Boynton Beach Code Section as cited, and move to order that the Respondent correct the violations on or before June 3, 2010. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day for each day the violation continues past June 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 and verification of payment of the fees to comply with this Order. Mr. Foot seconded the motion that passed unanimously. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Baskin Robbins is in violation of City of Boynton Beach Code Section as cited, and move to order that the Respondent correct the violations on or before June 3, 2010. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day for each day the violation continues past June 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 and verification of payment of the fees to comply with this Order. Mr. LaTour seconded the motion that passed unanimously. Case #10-993 Felix 21 LLC – Protection Engineering Systems 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 19, 2010 Location: 3300 S. Congress Ave. #1 Violation: CO CH9 SEC. 9-22 (C) Annual fire inspection fee. Officer Herring presented the case and reviewed the details of the violation. Staff recommended 15 days for compliance. It was noted Felix 21 LLC was a repeat offender. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaTour moved that this Board find that Felix 21 LLC is in violation of City of Boynton Beach Code Section as cited, and move to order that the Respondent correct the violations on or before June 3, 2010. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by 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 June 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 and verification of payment of the fees to comply with this Order. Mr. Karageorge seconded the motion that passed unanimously. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaTour moved that this Board find Protection Engineering Systems is in violation of City of Boynton Beach Code Section as cited, and move to order that the Respondent correct the violations on or before June 3, 2010. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day for each day the violation continues past June 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 and verification of payment of the fees to comply with this Order. Ms. Carroll seconded the motion that passed unanimously. Case #10-677 William M. Ganoe Location: 3243 Grove Rd. Violations: CO CH15 SEC.15-120(D) INC. CO CH13 SEC.13-16 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 19, 2010 Repair driveway apron near road; obtain Business Tax Receipt. Courtney Cain, Code Officer, presented the case and reviewed the details of the violation. Staff recommended 30 days for compliance. It was noted the Respondent was a repeat offender. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that William M. Ganoe 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 June 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 June 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 #10-693 Vittorio and Brigida Nuciforo nd Location: 2515 NE 2 Ct. #102 Violation: BBA FBC '07 ED. 105.1 Obtain permit to install electrical for washer and dryer vent as noted in red tag. Officer Cain presented the case and reviewed the details of the violation. The violation presented a safety hazard. Mr. Foot suggested 10 days be given for compliance. Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Vittorio and Brigida Nuciforo 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 May 29, 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 $100 per day for each day the violation continues past May 29, 2010 plus administrative costs shall be imposed. The Respondents are further ordered 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 19, 2010 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 10-1117 Joseph C. Demesmin Location: 3253 Grove Rd. Violation: CO CH15 SEC.15-120(D) INC. Remove all trash and debris from yard; remove truck in rear yard. Van in rear yard must be operable and have current tag. Officer Cain presented the case and reviewed the details of the violation. The truck exceeded the allowable limit. Staff recommended 15 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Joseph C. Demesmin 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 June 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 $150 per day for each day the violation continues past June 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. Karageorge seconded the motion that unanimously passed. Case #10-1121 Syretta and Lowrie II Simon Location: 3171 Grove Rd. Violations: CO CH15 SEC. 15-120(D) INC. CO CH13 SEC.13-16 Mow overgrown yard; repair or remove fence; obtain Business Tax Receipt to rent residence. Officer Cain presented the case and reviewed the details of the violations. The yard came into compliance and the only issue remaining was to obtain a Business Tax Receipt. Staff recommended 30 days for compliance. 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 19, 2010 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Syretta and Lowrie II Simon 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 June 18, 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 June 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. Karageorge seconded the motion that unanimously passed. Case #10-662 Andre G. Garcon th Location: 407 NW 15 Ave. Violation: CO CH10 SEC.10-57(A) Repair or replace driveway; repair or replace fence. Luney Guillaume, Code Officer, presented the case and reviewed the details of the violation. Staff recommended 30 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Andre G. Garcon 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 June 18, 2010. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past June 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. Karageorge seconded the motion that unanimously passed. Case #10-670 Homecomings Financial Service LLC nd Location: 1570 NW 2 Ln. Violation: CO CH15 SEC.15-120(D) INC. 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 19, 2010 Register all property that is vacant or subject to a current notice of default. Officer Guillaume presented the case and reviewed the details of the violation. Staff recommended 15 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Homecomings Financial Service 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 June 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 June 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. Foot seconded the motion that unanimously passed. Case #10-972 Carmelo Campos th Location: 330 NE 16 Ave. Violation: CO CH15 SEC.15-120(D) Remove all unlicensed and inoperable vehicles and car parts from property. Officer Guillaume presented the case and reviewed the details of the violation. Staff recommended 10 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Carmelo Campos 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 May 29, 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 May 29, 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- 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 19, 2010 inspection of the property to verify compliance with this Order. Mr. LaTour seconded the motion. Case #10-106 Barbara P. Garside th Location: 207 SE 4 Ave. Violations: CO CH15 SEC.15-120(D) INC. BBA FBC '07 ED. 105.1 CO CH10 SEC.10-56(B) CO CH10 SEC.10-56(D) CO CH10 SEC.10-56(G) Remove all trash and debris, all unregistered boats, cars and trailers. Only two recreational vehicles allowed per property and they must be parked on a hard surface or behind the front line of the house. Obtain a building permit for the new windows. Repair damaged soffit and facia. Repair or replace leaking roof. Obtain proper permits for roof repair. Remove outside storage. Officer Herring presented the case and reviewed the details of the violations. The roof still leaked which represented a health and safety hazard. Staff recommended 15 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Barbara P. Garside 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 June 3, 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 $250 per day for each day the violations continue past June 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. Ms. Carroll seconded the motion that unanimously passed. Case #10-114 Barbara P. Garside th Location: 207 SE 4 Ave. 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 19, 2010 Violations: CO CH15 SEC.15-120(D) INC. BBA FBC '07 ED. 105.1 CO CH10 SEC.10-56(B) CO CH10 SEC.10-56(D) CO CH10 SEC.10-56(G) Remove all trash and debris, all unregistered boats, cars and trailers. Only two recreational vehicles allowed per property and they must be parked on a hard surface or behind the front line of the house. Obtain a building permit for the new windows. Repair damaged soffit and facia. Repair or replace leaking roof. Obtain proper permits for roof repair. Remove outside storage. Officer Herring presented the case and reviewed the details of the violations. The violations represented a health and safety hazard. Staff recommended 15 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaTour moved that this Board find that Barbara P. Garside 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 June 3, 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 $250 per day for each day the violations continue past June 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. Ms. Carroll seconded the motion that unanimously passed. Case #10-700 Tom Branch th Location: 813 SE 4 St. Violations: CO CH15 SEC.15-120(D) INC. CO CH15 SEC.15-130(A) Officer Herring presented the case and reviewed the details of the violation. Staff recommended 15 days for compliance. 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 19, 2010 Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Tom Branch 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 June 3, 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 June 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. Ms. Carroll seconded the motion that unanimously passed. Case #10-763 April Purvis th Location: 145 SE 11 Ave. Violations: CO CH10 SEC.10-56(B) CO CH10 SEC.10-56(G) Remove all trash and debris and outside storage. Officer Herring presented the case and reviewed the details of the violations. The Respondent was a repeat violator. Staff recommended 10 days for compliance. The violations did not represent a health or safety violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that April Purvis is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violations on or before May 29, 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 29, 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 #10-909 Todd M. Wilson 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 19, 2010 rd Location: 714 SE 3 St. Violation: CO CH10 SEC.10-56(D) Secure property. Officer Herring presented the case and reviewed the details of the violations. Staff recommended 20 days for compliance. The violation represented a safety hazard. The Respondent advised he would place plexiglass over the windows to secure the property. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Todd M. Wilson 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 June 8, 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 June 8, 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 #10-579 Biart Realty Corp. Location: 700 W. Industrial Ave. Violations: CO CH15 SEC.15-120(B) 2IN CO CH15 SEC.15-120(D) INC. CO CH10 SEC.10-56(B) Mow and weed all overgrown swale areas. Remove all trash, debris and inoperable vehicles from swale areas. Officer Lewis presented the case and reviewed the details of the violations. Staff recommended 15 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Biart Realty 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 June 3, 2010. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 19, 2010 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 June 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. LaTour seconded the motion that unanimously passed. Case #10-703 New Urban High Ridge LLC Location: 3001 High Ridge Rd. Violations: LDR CH4 SEC.11 CO CH10 SEC.10-2 Remove all sand/dirt piles stored on vacant property-outside perimeter must be maintained per Code. Mow and trim overgrown vegetation; restore silt fence to original condition. Mulch and seed vacant land to prevent sand from blowing onto adjacent properties. Remove all trash, debris and overgrowth. Officer Lewis presented the case and reviewed the details of the violations. Staff recommended 15 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that New Urban High Ridge LLC is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before June 3, 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 $250 per day for each day the violations continue past June 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. Ms. Carroll seconded the motion that unanimously passed. Case #10-835 Kelsey Manor LLC Location: 3471 High Ridge Rd. Violation: BBA FBC '07 ED. 105.1 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 19, 2010 Secure all Building Department's required permits as noted in red tag for work performed inside building. Officer Lewis presented the case and reviewed the details of the violations. Staff recommended 60 days for compliance. The permit application was in the review process. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Kelsey Manor 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 July 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 July 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. Ms. Carroll seconded the motion that unanimously passed. Case #10-954 Charles Eskenazi th Location: 1143 NW 11 St. Violations: CO CH15 EC.15-120(D) CO CH13 SEC.13-16 Obtain Business Tax Receipt to rent residence. Officer Lewis presented the case and reviewed the details of the violations. Staff recommended 15 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaTour moved that this Board find that Charles Eskenazi 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 June 3, 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 June 3, 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 19, 2010 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 #10-1019 Robert Crossland and Kimberly Ward Location: 1237 Gondola Ln. Violation: CO CH15 SEC.15-120(D) 1IN Mow and trim overgrown yard areas. Remove all trash and debris. Officer Lewis presented the case and reviewed the details of the violations. Staff recommended 15 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Robert Crossland and Kimberly Ward 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 June 3, 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 June 3, 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 #10-870 Eddie D. Evans th Location: 112 NW 5 Ave. Violation: CO CH15 SEC.15-120(D) INC. Remove or register motor vehicle. Officer Melillo presented the case and reviewed the details of the violation. Staff recommended 10 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Eddie D. Evans is in violation of the City of Boynton 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 19, 2010 Beach Code section cited and moved to Order that the Respondent correct the violation on or before May 29, 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 $250 per day for each day the violation continues past May 29, 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 #10-1031 Betty Lowe th Location: 508 NW 9 Ave. Violation: CO CH15 SEC.15-120(D) INC. Mow grass and weeds. Officer Melillo presented the case and reviewed the details of the violation. Staff recommended 10 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Betty Lowe 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 May 29, 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 May 29, 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 #10-1153 BAC Home Loans Servicing th Location: 531 SW 8 Ave. Violation: CO CH10 ORD. 09-040 INC. Mow grass, weed and property registration. Officer Melillo presented the case and reviewed the details of the violation. Staff recommended 10 days for compliance. 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 19, 2010 Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that BAC Home Loans Servicing 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 May 29, 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 $200 per day for each day the violation continues past May 29, 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 #10-678 Cameaux O. and Marie B. Danois nd Location: 2655 SE 2 St. Violations: CO CH10 SECD.1-56(A) CO CH13 SEC.13-16 Repair light, plumbing, windows and water leaks. Fix mailbox. Obtain Business Tax Receipt to rent residence. Office Pierre presented the case and reviewed the details of the violations. Staff recommended 30 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Cameaux O. and Marie B. Danois 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 June 18, 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 $250 per day for each day the violations continue past June 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. Karageorge seconded the motion that unanimously passed. 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 19, 2010 Case #10-718 John DiSilvio th Location: 144 SE 28 Ave. Violations: CO CH15 SEC.15-120(D) INC. CO CH10 SEC.10-56(A) Secure property. Mow, trim and remove trash from property. Office Pierre presented the case and reviewed the details of the violations. Staff recommended 10 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that John DiSilvio 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 29, 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 $125 per day for each day the violations continue past May 29, 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 #10-742 JP Morgan Chase Bank st Location: 3100 SE 1 Ct. Violation: CO CH10 ORD. 09-040 Remove dead tree from front yard. Register property and maintain in accordance with City Code regulations. Mow overgrown yard areas and trim overgrown vegetation. Office Pierre presented the case and reviewed the details of the violation. Staff recommended 10 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that JP Morgan Chase Bank is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 19, 2010 violation on or before May 29, 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 May 29, 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 #10-743 Chase Home Finance LLC th Location: 152 SE 30 Ave. Violation: CO CH10 ORD. 09-040 INC. Register property and maintain in accordance with City Code regulations. Office Pierre presented the case and reviewed the details of the violation. Staff recommended 10 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake 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 May 29, 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 May 29, 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 #10-828 Wells Fargo Bank, NA th Location: 906 SW 27 Ave. Violation: CO CH10 ORD. 09-040 INC. Register property and maintain in accordance with City Code regulations. Office Pierre presented the case and reviewed the details of the violation. Staff recommended 10 days for compliance. 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 19, 2010 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Wells Fargo Bank, NA 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 May 29, 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 May 29, 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 #10-913 Andrew Jr. and Gail Luchey th Location: 2208 SE 4 Ct. Violation: CO CH15 SEC.15-120(D) INC. Remove all loose trash and debris from swale area on the south side. Also sod bare areas and trim tree from the road. Office Pierre presented the case and reviewed the details of the violation. Staff recommended 15 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Andrew Jr. and Gail Luchey 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 June 3, 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 $100 per day for each day the violation continues past June 3, 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. Mr. Karageorge encouraged a heavier fine as the Lucheys were repeat offenders. Mr. Foot felt $100 was reasonable for the violation. 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 19, 2010 The motion unanimously passed unanimously. Case #10-1045 Wachovia Mortgage Corp. st Location: 505 SE 21 Avenue Violation: CO CH10 ORD. 09-040 INC. Register property and maintain in accordance with City Code regulations. Office Pierre presented the case and reviewed the details of the violation. Staff recommended 10 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Wachovia Mortgage Corp. is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before May 29, 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 May 29, 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 #10-1099 T.Y. and Marjorie H. Whitehead nd Location: 3620 SE 2 St. Violation: CO CH15 SEC.15-120(D) INC. Remove all loose trash from property. Office Pierre presented the case and reviewed the details of the violation. Staff recommended 10 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that T.Y. and Marjorie H. Whitehead 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 May 29, 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 28 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 19, 2010 not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past May 29, 2010 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Vice Chair Yerzy seconded the motion that unanimously passed. Case #09-3865 Silfina Gabriel rd Location: 437 SW 3 Ave. Violations: CO CH10 SEC.10-57(A) CO CH10 SEC.10-57(B) CO CH15 SEC.15-120(D) INC. Maintain private property. Repair fence and driveway. Pete Roy, Chief Code and Rehabilitation Officer, presented the case and reviewed the details of the violations. Staff recommended 30 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Silfina Gabriel 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 June 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 $75 per day for each day the violation continues past June 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. Ms. Carroll seconded the motion that unanimously passed. Case #10-734 Anne R. White Est. th Location: 430 SW 9 Ave. Violations: CO CH15 SEC.15-120(D) INC. LDR CH2 SEC. 5(D)(1) Mow and trim all overgrowth. Remove all outside storage. Officer Roy presented the case and reviewed the details of the violations. Staff recommended 10 days for compliance. 29 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 19, 2010 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Anne R. White Est. 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 May 29, 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 May 29, 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 #10-737 Arlen Hill Del Pino th Location: 118 SW 9 Ave. Violations: CO CH13 SEC.13-16 CO CH15 SEC. 15-120(D) INC. Obtain Business Tax receipt to rent residence. Mow and trim all overgrowth. Officer Roy presented the case and reviewed the details of the violations. Staff recommended 10 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Arlen Hill Del Pino 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 May 29, 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 May 29, 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 #10-766 Chackman Motels Inc. Location: 706 W. Boynton Beach Blvd. Violations: LDR CH4 SEC. 11 30 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 19, 2010 CO CH10 SEC.10-56(B) CO CH10 SEC.10-56(D) CO CH10 SEC.10-56(E) Repair roof leaks around all penetrations. Replace rotted soffit. Remove debris from gutters. Ensure all plumbing fixtures are performing to Code. Officer Roy presented the case and reviewed the details of the violations. Staff recommended 30 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Chackman Motels 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 June 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 $250 per day for each day the violation continues past June 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. Karageorge seconded the motion that unanimously passed. Case #10-813 Casey L. Graham th Location: 718 SW 4 Ave. Violation: CO CH10 SEC.10-56(A) CO CH10 SEC.10-56(B) CO CH10 SEC.10-56(D) Remove any outside storage, trash and debris and overgrowth in rear. Replace broken window. Officer Roy presented the case and reviewed the details of the violations. All of the violations had been remedied with the exception of the broken window. Staff recommended 30 days for compliance. 31 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 19, 2010 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Casey L. Graham 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 June 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 $75 per day for each day the violation continues past June 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. LaTour seconded the motion that unanimously passed. Case #10-854 Deutsche Bank National Trust rd Location: 441 SW 3 Ave. Violation: CO CH10 ORD. 09-040 INC. Register property and maintain in accordance with City Code regulations. Mow and trim all overgrowth Officer Roy presented the case and reviewed the details of the violation. Staff recommended 10 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Deutsche Bank National Trust 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 May 29, 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 May 29, 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 #10-1104 JHA Holdings I LLC st Location: 204 SW 1 Ave. Violation: CO CH13 SEC.13-16 32 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 19, 2010 Obtain Business Tax Receipt to rent property which must meet all minimum housing requirements. Officer Roy presented the case and reviewed the details of the violation. Staff recommended 10 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that JHA Holdings I LLC is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before May 29, 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 May 29, 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 passed unanimously. Case #10-768 William Ganoe th Location: 320 NE 13 Ave. Violations: CO CH10 SEC.10-56(B) CO CH10 SEC.10-56(G) Property must be mowed and trimmed and free of all loose trash and debris. Officer Webb presented the case and reviewed the details of the violations. Staff recommended 10 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that William Ganoe 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 May 29, 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 $125 per day for each day the violation continues past May 29, 2010 plus 33 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 19, 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. Mr. LaTour seconded the motion that unanimously passed. Case #10-776 Jacob and Shellie J. Rus st Location: 515 NE 1 St. Violations: CO CH10 SEC.10-56(A) CO CH10 SEC.10-56(B) CO CH10 SEC.10-56(G) Keep property owned, trimmed and free of loose trash and debris. Repair wooden fence and re-sod yard. Officer Webb presented the case and reviewed the details of the violations. Staff recommended 10 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Jacob and Shellie J. Rus 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 May 29, 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 $75 per day for each day the violation continues past May 29, 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. Foot seconded the motion that unanimously passed. Case #10-917 Frederic & Marie A. Terilius th Location: 328 NE 13 Ave. Violation: CO CH15 SEC.15-120(D) INC. Property must be kept mowed, trimmed and free of all loose trash and debris. Sod all bare areas in yard. Officer Webb presented the case and reviewed the details of the violations. Staff recommended 10 days for compliance. 34 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 19, 2010 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Frederic & Marie A. Terilius 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 May 29, 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 $75 per day for each day the violation continues past May 29, 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. Officer Webb recommended the following cases be certified at $100 per day: Case #09-3533 HSBC Bank 460 Ocean Parkway 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 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. Vice Chair Yerzy seconded the motion that unanimously passed. Case #09-2327 Florentina Baba & 1514 Meadows Cir W. Elton Cema 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 March 17, 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 $100 per day plus administrative costs which shall continue to accrue until 35 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 19, 2010 the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Vice Chair Yerzy seconded the motion that unanimously passed. Officer Webb recommended the following cases be certified at $150 per day: Case #10-259 Countrywide Home 3125 Ocean Pkwy. Loans Inc. 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 March 17, 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. Vice Chair Yerzy seconded the motion that unanimously passed. Case #10-260 HSBC Bank USA 3350 Ocean Pkwy. National Assoc. 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 March 17, 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. Vice Chair Yerzy seconded the motion that unanimously passed. th Case #10-297 LaSalle Bank National 1635 NE 4 Ct. Assoc. Tr. 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 March 17, 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. Vice Chair Yerzy seconded the motion that unanimously passed. th Case #10-327 Chase Home Finance LLC 1124 NW 8 Ct. 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 36 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 19, 2010 Board's Order dated March 17, 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. Vice Chair Yerzy seconded the motion that unanimously passed. nd Case#10-280 Bank of New York 3110 SE 2 St. Trust Co. NA 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 March 17, 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. Vice Chair Yerzy seconded the motion that unanimously passed. Officer Webb recommended the following cases be certified at $250 per day: nd Case #10-96 Homecomings Financial 1570 NW 2 Ln. Services LLC Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated March 17, 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 $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. Karageorge seconded the motion that unanimously passed. Case #09-3978 HSBC Bank National Assoc. 855 Carlee Cir. Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated March 17, 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 $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. Karageorge seconded the motion that unanimously passed. Officer Webb recommended that Case #09-3753 be certified at $300 per day. 37 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 19, 2010 Case #09-3753 Waltoguy Anfriany 1718 Banyan Creek Ct. 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 March 17, 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 $300 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. Brake seconded the motion that unanimously passed. Officer Webb recommended "No fine" for the following cases: st Case #09-3927 Chase Home Finance LLC 1961 NE 1 Way Based on testimony and evidence presented in the aforementioned case, Mr. LaTour moved that this Board find that the Respondent, Chase Home Finance LLC, 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 February 17, 2010, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify “No Fine.” Mr. Karageorge seconded the motion that unanimously passed. th Case #10-382 Iglad Maurelus and 216 S 5 Ave. Marie Volcy Based on testimony and evidence presented in the aforementioned case, Mr. LaTour moved that this Board find that the Respondents, Iglad Maurelus and Marie Volcy, 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 March 17, 2010, and in consideration of the gravity of the violation and the actions taken by the Respondents to remedy the violation and the previous violations of the Respondent, that this Board impose and certify “No Fine.” Mr. Karageorge seconded the motion that unanimously passed. Officer Webb recommended the following cases be tabled to June 19, 2010: Case #09-3904 Anael Noel and 77 Baytree Cir. Fritz Torchon Mr. LaTour moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on June 19, 2010. Mr. Brake seconded the motion that unanimously passed. 38 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 19, 2010 Case #09-1904 Chackman Motel Inc. 706 W. Boynton Beach Blvd. Mr. LaTour moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on June 19, 2010. Mr. Brake seconded the motion that unanimously passed. Officer Webb recommended the Case #09-3190 be tabled to July 21, 2010: th Case #09-3190 Mega Mini Co. 2951 SW 14 PL. Mr. LaTour moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on July 21, 2010. Mr. Karageorge seconded the motion that unanimously passed. Officer Webb recommended Case #10-282 be reconsidered as the Respondent had not been properly cited and it should have been closed . Case #10-282 Barbara Lauicella Location: 625 Casa Loma Blvd. #1602 Violation: CO CH13 SEC.13-16 Obtain current Business Tax Receipt to rent residence. Motion Mr. Karageorge moved to reconsider Case #10-282. Mr. LaTour seconded the motion that passed unanimously. Motion Mr. Karageorge moved to dismiss Case #10-282. Ms. Carroll seconded the motion that passed unanimously. Chair Costantino noted it would be necessary to table the Bank of America Case #09- 3895 as this had not been done during the lien reduction portion of the meeting. Attorney Bridgeman advised that modifications would be made to the Orders pertaining to banks. 39 Meeting Minutes Code Compliance Board Boynton Beach, Florida May 19, 2010 Motion Mr. LaTour moved that Case #09-3895 be tabled until the Code Compliance Board meeting to be held on June 16, 2010. Mr. Karageorge seconded the motion that unanimously passed. VII Adjournment There being no further business to discuss, the meeting properly adjourned at 8:07 p.m. ,. -'l'fk~ 0 '" Stephanie D. Kahn Recording Secretary 052510 ......_'~-~-.- 40