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Minutes 06-16-10 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, JUNE 16, 2010, AT 6:30 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Richard Yerzy, Vice Chair Jamie LaTour, 2nd Vice Chair James Brake Mark Karageorge (arrived at 8:10 p.m.) Kirk LaRock (arrived at 6:31 p.m. Kathleen Carroll Scott Blasie, Code Compliance Administrator David Tolces, Assistant City Attorney ABSENT: Robert Foot I. Call to Order Chair Costantino called the meeting to order at 6:30 p.m. II. Approval of 5/17/10 Lien Reduction and 5/19/10 Code Board May 17, 2010 It was requested the day of the meeting be changed from Monday to Wednesday. Motion Vice Chair Yerzy moved to accept the minutes with the correction. Mr. LaTour seconded the motion that passed unanimously. May 19, 2010 Vice Chair Yerzy moved to accept the minutes as written. Mr. LaTour seconded the motion that passed unanimously. (Mr. LaRock arrived at 6:31 p.m.) 1 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2010 IV. Approval of Agenda Pete Roy, Chief Code and Rehabilitation Officer, requested Case #07-3227 be tabled to August 18, 2010. Motion Mr. Brake 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 that unanimously passed. Officer Roy requested Case #10-564 be tabled to July 21, 2010. Motion Mr. LaTour moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on July 21, 2010. Vice Chair Yerzy seconded the motion that unanimously passed. Officer Roy reported the following cases came into compliance: #10-1291, #10-1305, #10-1306, #10-1307 and #10-1264. Motion Vice Chair Yerzy moved to accept the agenda as amended. Ms. Carroll seconded the motion that passed unanimously. IV. Swearing in of Witnesses and Introduction Attorney Tolces explained the hearing procedure and administered the oath to all who would be testifying. Chair Costantino welcomed Vice Mayor Ross. Vice Mayor Ross had been desirous of attending the Code Compliance Board meetings for some time, and she expressed her thanks to Mr. Brake for his encouragement. She also thanked the Board members, on behalf of the City Commission, for the important work they perform in their voluntary service to the City. Chair Costantino announced Code Compliance had been recognized at a recent City Commission meeting and had been presented with a Certificate of Appreciation. She commended the entire team for their excellent work. Officer Roy called the roll and determined the Respondents who were present. 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2010 Willie Webb, Senior Code Officer, announced he was standing in for Code Officer John Herring. Case #10-392 Location: Violations: G. &. Emily H. Caliendo 916 SE 1st St. CO CH10 SEe.10-2 CO CHIO SEe. 15-120(D) INe. CO CHIO SEe.10-56(B) (D) (G) Remove or trim all Florida Holly. Mow, weed and trim property. Remove all trash and debris. Secure property, repair or replace broken window and fence. Remove all outside storage. Officer Webb reviewed the details of the violations as contained in the staff report. The Respondent was provided with a notice and given 30 days to comply. Service was effectuated by certified and regular mail. Photographs were provided for the Board's review. Giovanni Caliendo, 172 SE 28th Avenue, pled not guilty, and commented his neighbor was desirous of purchasing the property. The Respondent contended that since the photographs had been taken on June 15, 2010, the grass had been cut and the fenced repaired by his neighbor. Scott Blasie, Code Compliance Administrator, pointed out Mr. Caliendo was a repeat offender and it had been necessary to mediate disputes between Mr. Caliendo and various Code Officers over the years. Mr. Caliendo met with the City Manager's Office in the past. The property had been in disrepair for some time. The potential purchaser used due diligence in speaking with Mr. Blasie and met with Planning and Zoning staff to determine what the zoning would allow. It was the intent of the proposed purchaser to install a fence around the property and to store automobiles. The issues with the Respondent had been ongoing since February. However, since that time, the front yard had been mowed and a portion of the fence was repaired. Mr. Caliendo remarked his neighbor wanted to gut the house, make it into an office and fence in the area. Since the neighbor performed body work, it was his desire to repair, refurbish and sell cars. Mr. Caliendo was advised the property was not zoned for that type of business. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that G. & Emily H. Caliendo are in violation of the City of 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2010 Boynton Beach Code sections cited and moved to Order that the Respondents correct the violations on or before July 1, 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 $150 per day for each day the violations continue past July 1, 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. LaRock seconded the motion that unanimously passed. Case #10-1162 Location: Violation Washington Mutual Bank 205 SE 36th Ave. CO CHI0 ORD. 09-40 INe. Register vacant property with City. Vestiguerne Pierre, Senior Code Officer, reviewed the details of the violation as contained in the staff report. The only violation remaining was the failure to register. Staff recommended 10 days be given for compliance. James Karrat, of the Law Offices of Marshall Watson, 1800 NW 49th St., Fort Lauderdale, representing Washington Mutual Bank, pled no contest. The case was scheduled for a hearing June 16, 2010 which was cancelled as the Bank was not in possession of the Certificate of Title. The hearing would be rescheduled. Attorney Karrat requested the case be tabled until the next meeting. Motion Mr. LaRock 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. Case #10-586 Deutsche Bank National Trust 3105 Ocean Pkwy. Courtney Cain, Code Officer, reviewed the details of the violation as contained in the staff report. The Notice of Violation was dated March 2, 2010. In order to come into compliance, it was necessary for the property in foreclosure to be registered by the Lender and to be secured. The case had been presented to the Board on April 21, 2010, and Attorney James Karrat had appeared. The Board had established a compliance date of May 6, 2010, or a fine of $100 per day. The violation still existed, having 40 days of non-compliance, and the property had not been secured to date. Officer Cain provided photographs for the Board's review. 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2010 James Karrat, of the Law Offices of Marshall Watson, 1800 NW 49th St., Fort Lauderdale, pled no contest. Attorney Karrat had alerted Deutsche Bank National Trust that it was crucial the property be secured. Chair Costantino commented she resides in the neighborhood, and a number of properties were currently vacant and had broken windows. She stressed the importance of the remedying the situation. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated April 21, 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 $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. Chair Costantino emphasized the need for the property to be secured as soon as possible. Attorney Karrat assured the Board he would relay the message to the Bank. Case # 10-539 HSBC Mortgage Co. 124 SE 10th Ave. Officer Webb, reported he was standing in for Officer Herring, and he reviewed the details of the violation as contained in the staff report. It would be necessary for the property to be registered by the Lender. The case had been presented to the Board on April 21, 2010, and no one had appeared. The Board had established a compliance date of May 6, 2010, or a fine of $100 per day. The violation still existed, having 40 days of non-compliance. James Karrat, of the Law Offices of Marshall Watson, 1800 NW 49th St., Fort Lauderdale, pled no contest. He requested the matter be tabled until the next meeting. A Summary Judgment had been received April 20, 2010. It would be necessary for the sale to be scheduled. Thereafter, the Certificate of Title would be issued evidencing HSBC Mortgage Co. 's ownership of the property. It was inquired whether ownership of the property was necessary to register the property. Attorney Tolces explained that under the City's Property Registration Ordinance, a bank acquiring property through foreclosure would still be required to register the property. 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2010 Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated April 21, 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 $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case #10-568 Cenlar Federal Savings Bank 132 NW 4th Ave. Mike Melillo, Senior Code Officer, reviewed the details of the violations as contained in the staff report. The Notice of Violation, dated March 1, 2010, required the property to be registered by the Lender and for the grass to be mowed and weeds removed. The case had been presented to the Board on April 21, 2010, and Attorney James Karrat had appeared. The Board had established a compliance date of May 1, 2010, or a fine of $100 per day. The grass had been mowed and secured, and a "No Trespassing" sign had been posted on the property. The property still had not been registered. James Karrat, of the Law Offices of Marshall Watson, 1800 NW 49th St., Fort Lauderdale, had alerted Cenlar Federal Savings Bank of the necessity to register the property. He requested an extension of time to register the property. A Motion to Dismiss the foreclosure had been contested. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated April 21, 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 $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. Case #10-511 GMAC Mortgage LLC 2950 SE 2nd St. Officer Pierre reviewed the details of the violations as contained in the staff report. The property had originally been cited on February 24, 2010. It would be necessary for the property in foreclosure to be registered by the Lender and to be secured. The case had been presented to the Board on April 21, 2010, and Attorney James Karrat had appeared. The Board had established a compliance date of May 1, 2010, or a fine of 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2010 $100 per day. The violation still existed, having 45 days of non-compliance. The property still had not been secured. James Karrat, of the Law Offices of Marshall Watson, 1800 NW 49th St., Fort Lauderdale, had instructed GMAC Mortgage LLC of the importance of curing the violations, but they had not complied. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair moved that this Board find that the Respondent has not complied with this Board's Order dated April 21, 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 $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock Seconded the motion that unanimously passed. Case #10-684 Herman B. Brunson 2300 NW 1st St. Officer Cain reviewed the details of the violations as contained in the staff report. The Notice of Violation was dated March 9, 2010. It was necessary for the Respondent to remove open storage from the carport and rear yard including appliances, debris and containers. The case had been presented to the Board on April 21, 2010 and no one had appeared. The Board had established a compliance date of May 6, 2010, or a fine of $150 per day. The violations still existed, having 40 days of non-compliance. Herman Brunson, 2300 NW 1st Street, noted his daughter had lost her home and placed her belongings in his garage. His daughter had since found an apartment and removed many of the items stored. However, a refrigerator still remained outdoors. Officer Cain had provided photographs for the Board's review. He advised the carport had been cleared. However, he expressed concern for the rear of the property. The photographs reflected a collection of bicycles and debris that could pose a danger in the event of a hurricane. A portion of the rear yard was used to repair bicycles for the neighborhood children. Mr. Brunson commented he collected metal for recycling when he was not working. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated April 21, 2010, and having considered the gravity of the violation, 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2010 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. LaRock seconded the motion that unanimously passed. Case #10-399 Lillian V. Mayhew 313 SE 21st St. Officer Pierre reviewed the details of the violations as contained in the staff report. The Notice of Violation was dated February 5, 2010. The property was cited as it was unsafe and unsanitary. It was necessary for the trash and debris to be removed from inside and outside the premises and for the roof and water damage to be repaired. The case had been presented to the Board on April 21, 2010, and no one had appeared. The Board had established a compliance date of May 21, 2010, or $200 per day. The violation still existed, having 25 days of non-compliance. Officer Pierre provided photographs for the Board's review. Lillian Mayhew, 313 SE 21st Avenue, had painted the duplex and spent considerable time working on the outside of her house. FEMA had provided hurricane shutters and repaired the roof but did not provide enough money to repair the inner ceiling. The police had visited the residence, advising the ceiling was in need of repair. Ms. Mayhew asserted that while water remained from hurricane damage to the sheetrock and ceiling, the ceiling did not leak. She agreed her house was "a mess" but contended it was not unsafe or unsanitary. While she was handicapped and 84 years of age, she cleaned every day. She owned four cats, but claimed cat feces were not present in the home. The toilets and water functioned property, but the sprinkler system was in need of repair. She requested six months to attend to the violations. Tom Drennen, owner of Dirty D's Lawn Maintenance, had been taking care of Ms. Mayhew's yard for three years and had installed a new lawn. He had spent four hours this date cleaning the front of the house and irrigating the lawn. Ms. Mayhew had painted the house, had the plumbing repaired and did everything possible to maintain the premises. Officer Pierre explained the outside of the property was not the concern. The concern was for the health and safety of the Respondent which was at issue because of the mounds of debris inside the premises. Ms. Mayhew was made aware of the $200-per-day fine against the property. Chair Costantino passed the gavel to Vice Chair Yerzy in order to make a motion. 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2010 Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Costantino moved that this Board find that the Respondent has not complied with this Board's Order dated April 21, 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. Ms. Carroll seconded the motion that unanimously passed. Vice Chair Yerzy passed the gavel back to Chair Costantino. Case #09-1881 Dushyant & Jashminiben Patel 930 Chapel Hill Blvd. Scott Blasie, Code Compliance Administrator, advised the initial lien reduction hearing was held on May 17, 2010. At that time, City Attorney James Cherof had determined there was not enough evidence before the Board to move forward. Kenny Patel had appeared on behalf of his brother, the Respondent, and the case had been tabled to June 16, 2010. Mike Biddelman, of Boynton Beach Realty, and Daniel Dugger, the Boynton Beach Police Officer currently negotiating the purchase of the property, were present. As previously commented, Mr. Blasie did not believe Bank of America should be a party to the action as the Respondent had created the violation and the Bank brought the property into compliance. Kenny Patel, 214 East Ocean Avenue, advised the property was being maintained regularly, and a landscaper had been cutting the grass every two weeks. The Respondent had not been aware of the violation as the notice had been sent to the property, which was vacant, and the Respondent had not been to the property in some time. The locks on the house had been changed by Bank of America and as such, the Respondent believed the Bank was responsible for the property. However, once the Respondent was made aware of the violation, he remedied the situation. Kenny Patel requested the lien be removed from the property in order to proceed with the sale, as it was the Bank's intent to foreclose on the property on June 26, 2010. The Respondent would not be realizing any proceeds from the "upside down" sale of the property. Short sales were also anticipated for other properties owned by the Respondent, and if the liens were not removed, the sales could not go forward. The Respondent's "homestead" would also be sold in approximately ten days. Kenny Patel indicated the Respondent had no funds to pay the lien currently in the amount of $24,634.12. It was noted the City's lien had nothing to do with the foreclosure of the property, and satisfaction of the lien would be the responsibility of 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2010 the Respondent. In order to bring the property as close to compliance as possible, Kenny Patel had previously paid an outstanding water bill of $1,040, $398 for the initial cutting of the grass and an additional $75 every two weeks thereafter. The taxes on the property had been paid to date. Mr. and Mrs. Daniel Dugger, 705 Villa Circle, proposed purchasers of the property, were present and advised it was their intent to reside at the residence. Michael Biddelman, 77 Sausalito Drive, advised he represented Mr. Patel, the Respondent, in a number of short sales including the primary residence, and if the lien was not removed from the property, the sale could not go forward and the Bank would foreclose on the property. Motion Based on testimony and evidence presented in the aforementioned case, and having been advised that the Respondents have complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. LaTour moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of September 16, 2009, to an amount of $2,000, including administrative costs. Mr. LaRock seconded the motion. Vote On roll call vote, the motion failed 3-3 (Chair Costantino, Vice Chair Ye/zy and Ms. Carroll dissenting). Motion Based on testimony and evidence presented in the aforementioned case, and having been advised that the Respondents have complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Ms. Carroll moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of September 16, 2009, to an amount of $1,000, including administrative costs. There was no second to the motion. Motion Based on testimony and evidence presented in the aforementioned case, and having been advised that the Respondents have complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Vice Chair Yerzy moved that this Board reduce the fines instituted in the 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2010 aforementioned case by virtue of this Board's Order of September 16, 2009, to an amount of $3,000, including administrative costs. Mr. Brake seconded the motion for purposes of discussion. Mr. Brake wished to lower the fine but understood the concerns regarding the vacant property which had been in disrepair since June 2009. He resided "around the corner" from the property and would prefer the house be occupied and maintained. Chair Costantino reiterated the Respondent was responsible for his properties. Vote On roll call vote, the motion failed 3-3 (Chair Costantino, Mr. LaTour and Ms. Carroll dissenting). Motion Based on testimony and evidence presented in the aforementioned case, and having been advised that the Respondents have complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. LaTour moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of September 16, 2009, to an amount of $2,500, including administrative costs. Mr. LaRock seconded the motion. Vote On roll call vote, the motion passed 4-2 (Mr. Brake and Ms. Carroll dissenting). Case #09-3895 Bank of America 930 Chapel Hill Blvd. 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, Vice Chair Yerzy moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of January 20, 2010, to an amount of Zero Dollars ($0) including administrative costs. Mr. Brake seconded the motion that unanimously passed. Case # 10-1296 Location: Violation: Jean L. a Pierre M. Joseph 3178 E. Palm Drive CO CH1S-SEe. 1S-120(D) INe. 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2010 Mow overgrown yard. Vehicle must have current tag and be operable or be removed from property. Officer Cain reviewed the details of the violation as contained in the staff report. He advised the initial inspection been completed on April 3, 2010. The vehicle had been removed, but the overgrowth still remained. Service was effectuated by posting a notice on the property and at City Hall. Officer Cain provided photographs for the Board's review. Jean Joseph, 3178 E. Palm Drive, pled not guilty. He indicated most of the work had been taken care of the afternoon of June 16, 2010. Officer Cain believed the Respondent would need another 10 or 12 days to come into compliance, and did not feel the matter should be tabled. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Jean L. & Pierre M. Joseph 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 July 1, 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 July 1, 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. LaRock seconded the motion that unanimously passed. The meeting recessed at 8:03 p.m. and reconvened at 8: 10 p.m. (Mr. Karageorge arrived at 8:10 p.m.) Case # 10-483 Location: Violation: Aurora Loan Services LLC 436 SW 5th Ave CO CH10 ORD. 09-040 INe. Vacant property must be registered with the City. Officer Roy reviewed the details of the violation as contained in the staff report. Staff recommended 20 days be given for compliance. The only violation pertained to the lack of registration of the property. 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2010 Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Aurora Loan Services 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 26, 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 26, 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 failed 3-4 (Messrs. Brake, Karageorge, LaRock and LaTour dissenting). Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Aurora Loan Services 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 26, 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 26, 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 passed 6-1 (Ms. Carroll dissenting). Case #10-1406 Location: Violations: Christopher Cousineau 2407 NE 4th St. CO CH4 SEe. 4-4 CO CH4 SEe. 4-36 CO CH4 SEe. 4-37 Pull permit for unlawful dog enclosure. Dogs must be housed in accordance with ordinance. Furnish proof of current County tags and current rabies vaccinations for four dogs. 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2010 Skip Lewis, Senior Code Officer, reviewed the details of the violations as contained in the staff report. Staff recommended a Cease and Desist Order be issued as soon as possible. The case was initiated by Liz Roehrich, Animal Control Officer. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaTour moved that a Cease and Desist Order be issued giving Christopher Cousineau until June 18, 2010 to bring the violations of City of Boynton Beach Code sections as cited into compliance. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that a fine in the amount of $150 per recurrence of the violation thereafter shall be imposed upon the Respondent. Mr. Brake seconded the motion that passed unanimously. Case #10-1347 Location: Violation: 1950 Congress Avenue LLC - Polio Campero 750 N. Congress Ave. CO CH2.S SEe. 2.5-3+2.5-7 Alarm permit/decal display. Officer Cain reviewed the details of the violation as contained in the staff report. Staff recommended six days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that 1950 Congress Avenue 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 1, 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 July 1, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion. Officer Cain noted a permit was required in the case. Separate orders were needed for each Respondent. 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2010 Vote The motion unanimously passed. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Polio Campero is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondents correct the violation on or before July 1, 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 July 1, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that passed unanimously. Case #10-1231 Location: Violations: William M. & Sharon A. Ganoe 2870 NE 4th St. CO CH1S SEe. lS-129(D) INe. CO CH13 SEe. 13-16 Mow overgrown yard areas; repair or remove fence; obtain Business Tax Receipt to rent residence. Officer Cain reviewed the details of the violations a contained in the staff report. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that William M. & Sharon A. Ganoe 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 26, 2010. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $200 per day for each day the violations continue past June 26, 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. 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2010 Case #10-1081 Location: Violations: Lory R. Hawkins 1468 SW 25th PL Apt. B CO CH1S SEe.1S-120(E) INe. CO CH1S SEe.10-S6(D) Repair hole in roof and replace all missing roof tiles. Officer Lewis reviewed the details of the violations as contained in the staff report. Staff recommended 15 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaTour moved that this Board find that Lory R. Hawkins 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 July 1, 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 July 1, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. Case #10-1083 Location: Violations: John J. Blevins, Jr. 1468 SW 25th PI., Apt. A CO CH1S SEe.1S-120(E) INe. CO CH10 SEe.l0-S6(D) Repair roof and remove tarp covering. Officer Lewis reviewed the details of the violations as contained in the staff report. Staff recommended 15 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that John J. Blevins, Jr. is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violations on or before July 1, 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 July 1, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2010 contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. Case #10-1227 Location: Violation: CNL Income Fund XIV Ltd. 755 W. Boynton Beach Blvd. LDR CH4 SEe.l1 Restore landscaping to the most recently-approved plan with the City of Boynton Beach. Officer Lewis announced the tenants for 755 W. Boynton Beach Blvd. were no longer present. Staff recommended the case be tabled until the next meeting. Motion Mr. LaTour moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on July 21, 2010. Mr. LaRock seconded the motion that unanimously passed. Officer Lewis did not feel the Respondents would be in compliance by the next meeting. Case #10-447 Location: Violation: Sandra McPherson 534 NW 9th Ave. CO CH1S SEe.1S-120(D) Remove white covered Chevrolet from front yard. All vehicles must be registered and operable. Officer Melillo reviewed the details of the violation as contained in the staff report. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Sandra McPherson 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 26, 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 26, 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- 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2010 inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. Case #10-1166 Location: Violations: Frederick Moreau &. Marie Pompe 512 NW 9th Ave. CO CH1S SEe.1S-120(D) INe. Mow grass and weeds. Officer Melillo reviewed the details of the violation a contained in the staff report. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Frederick Moreau & Marie Pompe 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 26, 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 26, 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 #10-1290 Location: Violation: Kay F. Patrick 430 SW 10th Ave. CO CHiS SEe. lS-120(D) INe. Remove or register inoperable red Oldsmobile. Officer Melillo reviewed the details of the violation as contained in the staff report. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Kay F. Patrick 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 26, 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 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2010 amount of $100 per day for each day the violation continues past June 26, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that passed unanimously. Case #10-1080 Location: Violation: LaSalle Bank National Assoc. 125 SE 27th PL CO CH10 ORD. 09-040 INe. Vacant property must be registered by with the City. Officer Pierre reviewed the details of the violation as contained in the staff report. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that LaSalle 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 June 26, 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 26, 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 for purposes of discussion. A question was raised with regard to the citations. Attorney Tolces explained the Bank was not cited under the Maintenance Code, but rather under the Property Registration Code provisions of Ordinance #09-940 requiring the property be maintained. As such, the violation still existed with respect to the Bank's failure to maintain the property even though they had registered the property. Vote The motion passed unanimously. Case # 10-1255 Location: Violation: Jean Pierre Messeroux 2970 SE 2nd St. CO CHIO SEe.l0-S6(A) 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2010 Remove bees from air-conditioning unit located on the property . Officer Pierre reviewed the details of the violations as contained in the staff report. Staff recommended 30 days be given for compliance. The Board felt 15 days should be given. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaTour moved that this Board find that Jean Pierre Messeroux 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 1, 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 July 1, 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 following cases be certified at $50 per day: Case #09-3904 Anael Noel & Fritz Torchon 77 Baytree Cir. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondents have not complied with this Board's Order dated February 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 $50 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. Karageorge seconded the motion that unanimously passed. Case # 10-468 Mytrice Walker 70 Miner Rd. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2010 Board's Order dated April 21, 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. Karageorge seconded the motion that unanimously passed. Case #10-540 Joshua Properties IV LLC 3313 Grove Rd. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated April 21, 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. Mr. Karageorge seconded the motion that unanimously passed. Case #10-711 PNC Bank 119 SW 7th Ave. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated April 21, 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. Karageorge seconded the motion that unanimously passed. Case #09-3894 Southwest Jefferson Inc. 225 NE 9th Ave. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy 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 violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $50 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Karageorge seconded the motion that unanimously passed. 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2010 Officer Roy recommended the following case be certified at $75 per day: Case #10-544 Clyde E. & Alberta S. Jones 1625 NE 2nd St. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondents have not complied with this Board's Order dated April 21, 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 $75 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. Karageorge seconded the motion that unanimously passed. Officer Roy recommended the following cases be certified at $100 per day: Case #10-573 Harbor Cay LLC 605 Lakeside Harbor Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that the Respondent has not complied with this Board's Order dated April 21, 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. Karageorge seconded the motion that unanimously passed. Case #10-747 BankUnited 3201 N. Sea crest Blvd. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that the Respondent has not complied with this Board's Order dated April 21, 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. Karageorge seconded the motion that unanimously passed. 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2010 Case #10-41 Wachovia Mortgage Corp. 212 SE 1st Ave. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that the Respondent has not complied with this Board's Order dated April 21, 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. Karageorge seconded the motion that unanimously passed. Case #10-537 US Bank National Assoc. 145 SE 9th Ave. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that the Respondent has not complied with this Board's Order dated April 21, 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. Karageorge seconded the motion that unanimously passed. Case #10-502 South Point Inc. 101 NW 13th Ave. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that the Respondent has not complied with this Board's Order dated April 21, 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. Karageorge seconded the motion that unanimously passed. 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2010 Case #10-687 Countrywide Bank 168 SE 31st Ave. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that the Respondent has not complied with this Board's Order dated April 21, 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. Karageorge seconded the motion that unanimously passed. Case #10-202 Midfirst Bank 124 SW 9th Ave. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that the Respondent has not complied with this Board's Order dated April 21, 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. Karageorge seconded the motion that unanimously passed. Case #10-380 Aurora Loan Services 315 SW 4th Ave. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that the Respondent has not complied with this Board's Order dated April 21, 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. Karageorge seconded the motion that unanimously passed. Case #10-456 US Bank National Assoc. 134 SW 13th Ave. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that the Respondent has not complied with this 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2010 Board's Order dated April 21, 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. Karageorge seconded the motion that unanimously passed. Case #10-474 Flagstar Bank 204 NW 1st Ave. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that the Respondent has not complied with this Board's Order dated April 21, 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. Karageorge seconded the motion that unanimously passed. Case #10-601 LaSalle Bank National Assoc. 121 SW 4th Ave. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that the Respondent has not complied with this Board's Order dated April 21, 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. Karageorge seconded the motion that unanimously passed. Case # 10-603 Deutsche Bank National Trust 229 W. Ocean Ave. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that the Respondent has not complied with this Board's Order dated April 21, 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. Karageorge seconded the motion that unanimously passed. 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2010 Case #10-606 Private Capital Group 140 SW 7th Ave. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that the Respondent has not complied with this Board's Order dated April 21, 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. Karageorge seconded the motion that unanimously passed. Officer Roy recommended the following cases be certified at $150 per day: Case #10-742 JP Morgan Chase Bank 3100 SE 1st Ct. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated May 19, 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. LaRock seconded the motion that unanimously passed. Case #10-743 Chase Home Finance LLC 152 SE 30th Ave. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated May 19, 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. LaRock seconded the motion that unanimously passed. 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2010 Case #10-828 Wells Fargo Bank 906 SW 27th Ave. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated May 19, 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. LaRock seconded the motion that unanimously passed. Case #10-1045 Wachovia Mortgage Corp. 505 SE 21st Ave. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated May 19, 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. LaRock seconded the motion that unanimously passed. Officer Roy recommended the following case be certified at $200 per day: Case 10-683 Bank of America 108 S. Atlantic Dr. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated April 21, 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. LaRock seconded the motion that unanimously passed. Officer Roy recommended the following case be certified at $250 per day: Case #10-270 SunTrust Mortgage, Inc. 104 NW 5th Ave. 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2010 Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated April 21, 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. LaRock seconded the motion that unanimously Officer Roy recommended "No Fine" for the following: Case #09-3694 BAC Home Loans Servicing LP 2602 SW Sth St. Motion Based on testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that the Respondent 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 violation and the previous violations of the Respondent, that this Board impose and certify "No Fine." Mr. LaRock seconded the motion that unanimously passed. Case #10-SI2 Oakwood Square 398 N. Congress Ave #105 EM LLC- Embroid Me Motion Based on testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that the Respondent, Oakwood Square E & A 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 April 21, 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. LaRock seconded the motion that unanimously passed. Motion Based on testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that the Respondent, Embroid Me, was in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance 28 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2010 specified in the Board's Order of April 21, 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. LaRock seconded the motion that unanimously passed. Case #09-3408 Ocean Blue of South FL LLC 1728 Corporate Dr. Motion Based on testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that the Respondent 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 April 21, 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. LaRock seconded the motion that unanimously passed. Case #10-508 HSBC Bank USA National Assoc. 1301 NW 8th St. Motion Based on testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that the Respondent 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 April 21, 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. LaRock seconded the motion that unanimously passed. Case #10-277 ZhiRuiChen 117 SE 22nd Ave. Motion Based on testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that the Respondent was in violation of the City of Boynton Beach Code sections as cited subsequent to the date of compliance specified in the Board's Order of April 21, 2010, and in consideration of the gravity of the violations and the actions taken by the Respondent to remedy the violations and the previous 29 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2010 violations of the Respondent, that this Board impose and certify "No Fine." Mr. LaRock seconded the motion that unanimously passed. Case #10-718 John DeSilvio 144 SE 28th Ave. Motion Based on testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that the Respondent was in violation of the City of Boynton Beach Code sections as cited subsequent to the date of compliance specified in the Board's Order of May 19, 2010 and in consideration of the gravity of the violations and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent, that this Board impose and certify "No Fine." Mr. LaRock seconded the motion that unanimously passed. Case #10-1099 T.Y. &. Marjorie H. Whitehead 3620 SE 2nd St. Motion Based on testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that the Respondents were in violation of the City of Boynton Beach Code sections as cited subsequent to the date of compliance specified in the Board's Order of May 19, 2010, and in consideration of the gravity of the violations and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents, that this Board impose and certify "No Fine." Mr. LaRock seconded the motion that unanimously passed. Case #10-624 Carmen Hastings 316 NW 1st Ave. Motion Based on testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that the Respondent was in violation of the City of Boynton Beach Code sections as cited subsequent to the date of compliance specified in the Board's Order of April 21, 2010, and in consideration of the gravity of the violations and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent, that this Board impose and certify "No Fine." Mr. LaRock seconded the motion that unanimously passed. 30 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2010 Case #10-571 Valcina Milce 618 HE 1st St. Motion Based on testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that the Respondent was in violation of the City of Boynton Beach Code sections as cited subsequent to the date of compliance specified in the Board's Order of April 21, 2010, and in consideration of the gravity of the violations and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent, that this Board impose and certify "No Fine." Mr. LaRock seconded the motion that unanimously passed. Officer Roy recommended the following case be tabled until the Code Compliance Board meeting to be held July 21, 2010: Case #10-1213 3445 High Ridge Road LLC- Quad H Technology Corp. 3445 High Ridge Rd. Motion Vice Chair Yerzy moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on July 21, 2010. Mr. LaRock seconded the motion that unanimously passed. Case #07-350 Martins BBQ Inc. 399 Winchester Park Blvd. Motion Vice Chair Yerzy moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on July 21, 2010. Mr. LaRock seconded the motion that unanimously passed. Officer Roy recommended the following case be tabled until the Code Compliance Board meeting to be held August 18, 2010: 31 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 16, 2010 Case #09-1904 Chackman Motel Inc. 706 W. Boynton Beach Blvd. Motion Vice Chair Yerzy moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on August 18, 2010. Mr. LaRock seconded the motion that unanimously passed. VII. Discussion A Lien Reduction hearing would be held Monday, June 21, 2010 at 4:00 p.m. VIII. Adjournment There being no further business to discuss, the meeting properly adjourned at 8:32 p.m. ~~ Q~-,------ Stephanie D. Kahn Recording Secretary 062210 32