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Minutes 07-21-10 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, JULY 21, 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 Shana Bridgeman, Assistant City Attorney nd Jamie LaTour, 2 Vice Chair James Brake Robert Foot Mark Karageorge Kirk LaRock ABSENT: Kathleen Carroll, Alternate I. Call to Order Chair Costantino called the meeting to order at 6:30 p.m. II. Approval of 6/16/10 Meeting, 6/21/10 Lien Reduction and 07/01/10 Special Code Compliance Board Meeting Minutes Chair Costantino requested approval of the June 16, 2010 Lien Reduction minutes. Motion Vice Chair Yerzy moved to accept the minutes. Mr. LaTour seconded the motion that unanimously passed. Chair Costantino requested approval of the June 21, 2010 meeting minutes. Motion Vice Chair Yerzy moved to accept the minutes. Mr. LaRock seconded the motion that unanimously passed. Chair Costantino requested approval of the July 1, 2010 meeting minutes. 1 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 Motion Mr. Karageorge moved to accept the minutes. Mr. LaTour seconded the motion that unanimously passed. III. Approval of Agenda Vestiguerne Pierre , Senior Code Compliance Officer requested the Case #09-3194 be tabled for 30 days. Motion Mr. Karageorge so moved. Mr. LaTour seconded the motion that unanimously passed. Officer Pierre requested Case 10-564 be tabled for 90 days. Motion Mr. LaTour so moved. Mr. LaRock seconded the motion that unanimously passed Officer Pierre reported the following cases had complied. Case No.s: 10-1435, 10-1719, 10-1722, 10-1725, 10-1729, 10-1732, 10-1788, 10-1086, 10-1329, 10-1456, 10-1591, 10-1594, 10-1744, 10-1512, 10-1598, and 10-1294. Officer Pierre reported the following cases were removed: Case No.s: 10-1727, 10-1793, 10-1464. Motion Mr. Karageorge moved to accept. Mr. Brake seconded the motion that unanimously passed. IV. Swearing in of witnesses and introduction Attorney Bridgeman explained the hearing procedures and administered the oath to all who would be testifying. V. New Business Officer Pierre called the roll and determined who was present. Case No. 10-432 Linda Cahill Location: 605 NE 15th Place 2 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 Violation(s): CO CH15 SEC. 15-120(D) INC Mow and trim overgrown vegetation. Install sod. Repair or replace fence. Luney Guillaume , Code Compliance Officer, presented the case. A written notice was provided giving 30 days to correct the violations. Mr. Foot suggested having staff and the public switch podiums. Motion Mr. Foot moved to make the change. Chair Costantino explained she specifically requested it be arranged the way it presently was for safety reasons. In the past, Respondents had been loud, belligerent and in some occasions, were escorted out of the meeting by the police. Mr. Foot withdrew his motion. Linda Cahill , 605 NE 15th Place, explained she thought the matter was addressed two months ago. She indicated she spoke with Mr. Blasie who did not know what the issue was either since he sent someone to trim the yard. She testified she received a notice on July 4, 2010 to attend the hearing, but other than she was unaware of the meeting. Scott Blasie , Code Compliance Administrator, explained he attempted to work with Ms. Cahill because she did not have the financial means to address the violation. Bob Taylor, Chief Financial Officer at Bethesda Hospital does a lot of volunteer work, and Mr. Blasie made arrangements with him to address the matter. Mr. Taylor was able to make the front yard somewhat presentable. The rest was overgrown. There was overgrown Florida Holly, weeds and it was a mess. The neighbors were upset. It was an Intracoastal community behind Yachtsman’s Plaza. He suggested the photographs detailed the condition. The side and back yard was deplorable. The back porch had debris and trash and she was unable to maintain the property. He could not sign off on the property. Ms. Cahill contended the yard gets mowed once in a while. The last time it was mowed it was $60 and she could not afford it, so she mows it, taking considerable time as she has to rest several times. After the gates were gone from the hurricane, she felt vulnerable and people walked through her yard. She let the yard grow to defer people from doing so. She indicated the fence was in good condition but it was missing the gates so she removed it to make it comply. She advised she was unaware of what the problem and contended no one could see the yard unless they were trespassing. Ms. Cahill pled not guilty and indicated she could mow the backyard next week. She emphasized; however, she wanted it overgrown and she wanted thorn bushes so people could not walk through. She also testified her home was broken into. 3 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Linda Cahill 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 August 5, 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 August 5, 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 with a note of thanks to Bob Taylor. Mr. Karageorge agreed. The motion unanimously passed. Ms. Cahill explained she planned to plant more bushes. It was suggested she work with Mr. Blasie. Mr. Blasie explained she could plant bushes, but she could not maintain what she had. Case No. 10-1479 Shafraz & Michele Hassan Location: 662 SW 3rd Avenue Violation(s): CO CH10 SEC 10-56(A)(B)(D) Repair driveway, remove trash and debris, maintain grass per City Ordinance. John Herring , Code Compliance Officer, presented the case on behalf of Pete Roy. The case was a routine inspection on March 4, 2010. Thirty days was given on May 14, 2010 to correct the violation. Certified mail was sent on June 11, 2010 and returned signed on June 16, 2010. Only the driveway remained outstanding. The Respondent was present. Shafraz Hassan , 662 SW 3rd Avenue pled no contest on the remaining violation and announced he had a hardship. He did not have the financial means to bring it into compliance. The Respondent had been unemployed and was just re-employed. He testified he could correct the violation within 30 days. There was brief discussion the repair may require permits contingent on how he would make the repairs; however, Mr. Hassan indicated he could patch it and add a coat of blacktop. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Shafraz & Michele Hassan 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 August 20, 2010. The Board has considered the gravity of 4 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 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 August 20, 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 No. 10-1562 Jane A. Lindros & Will Zigmont Location: 1001 NE 7th Street Violation(s): CO CH15 SEC 15-120(D) Inc. CO CH20 SEC 20-6 Only two boats and trailers allowed on property. Remove all others and unlicensed and inoperable boats. Remove trash and debris, trim overgrowth Willie Webb , Senior Code Compliance Officer, presented the case, which arose from a citizen’s complaint. The initial inspection date was May 25, 2010. A written notice giving 10 days to correct the violations was given. Certified mail was sent June 22, 2010 and returned signed on June 28, 2010. Notice was sent by regular mail on May 25, 2010. The respondent was present. Jane Lindros, 1001 NE 7th Street, pled no contest and advised the work had been completed and she hired a lawn company. She explained there were two boats on the front property and clarified the back property was on 9th. The wave runner was also put on the back property. The vacant lot was a separate parcel. Accordingly Officer Webb suggested the case be closed. Motion Vice Chair Yerzy moved to dismiss. Mr. LaRock seconded the motion that unanimously passed. Case No. 10-734 Anne R. White, Est. 430 SW 9th Avenue Officer Herring presented the case as contained in the staff report. The notice of violation was May 11, 2010. The hearing date was May 19, 2010 and no one appeared. The compliance date and fine set by the Board was May 29, 2010 or incur a fine of $75 per day. There were 52 days of noncompliance. Blaine White , 430 SW 9th Avenue, testified Anne White was his mother who passed away a few years ago. He received a letter in March about the violation and he called Officer Roy. The letter he received was confusing. At the time he received it there were roommates in the process of moving out. There were items outside, but they took it with 5 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 them. He trimmed the yard and thought he was in compliance and called to advise staff he did the work. In May, his brother was visiting and signed for the letter, but did not apprise him of it. In addition to their mother passing away, the brother lost his wife to cancer a few weeks before the passing of their mother. Mr. White advised the brother was the executor of the estate. Mr. White explained now that he was aware of the violations, he could address them by Monday. Motion Mr. Foot moved to table the case to August 18, 2010. Mr. Karageorge seconded the motion that unanimously passed. Case No. 10-766 Chackman Motels Inc. 716 SW Boynton Beach Blvd. Officer Herring presented the case. The notice of violation was March 15, 2010. The hearing was held May 19, 2010 and no one appeared. The compliance date and fine was established as June 18, 2010 or incur a fine of $250 per day. The Respondent was present Leonard Chackman , 1794 Lake Estates Drive, Boca Raton was present. He testified he thought he was in compliance because he did a lot of work there. The violation location was the Gateway Shopping Center. He believed a tenant complained about a roof leak and expressed it was unusual for the City to get involved in a landlord-tenant matter. He explained he was legally bound to address the issue. Officer Herring had photographs and explained there were six units that had evidence of a roof leak. Photographs taken earlier in the day indicated the leak was still ongoing. Mr. Chackman explained he was responsive to tenant complaints and they addressed them right away. The violation was from March 15, 2010 so it was around for a while. Mr. Chackman explained roof leaks were ongoing and explained they do not know if they fixed the leak until the next storm. He had no problem fixing the leak but he expressed he did not know why the City was involved. Chair Costantino explained a tenant complained to the City and it was a health and safety issue. Mr. Chackman explained the complaint pertained to the air conditioner and not the roof. Chair Costantino explained the leak causes mold and mildew creating airborne issues, and there was water damage. Mr. Chackman acknowledged he was responsible and explained he thought the entire matter was in regard to one tenant. Chair Costantino explained multiple units were involved. Mr. Foot commented the violation dates to March and the landlord had adequate time to correct the issue. 6 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 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 May 19, 2010, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $250 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaTour seconded the motion that unanimously passed. Mr. Chackman explained he would have to appeal the decision on some basis. He explained they have more than one shopping center and he did not know how to deal with tenants’ complaints regarding roof leaks. Chair Costantino recommended fixing the violation and then applying for lien reduction. Case No. 10-572 Michael R. Rogers 111 NE 3rd Avenue Officer Webb presented the case as contained in the staff report. The notice of violation date was March 1, 2010 pertaining to mowing, trimming, clearing trash and debris, removing unlicensed and inoperable vehicle and placing four inch numbers on the house. The hearing date was May 19, 2010, which the Respondents were present for. The compliance date and fine were June 3, 2010 or incur a fine of $100 per day. The violation was still ongoing. The Respondent was present. Michael Rogers , 111 NE 3rd Avenue, explained he has a broken arm. He removed two of the vehicles and was selling the property. He explained he would keep the place clean. The tenant moved out and he was left with a bad situation. He indicated he would correct the violations within 30 days. Officer Webb distributed photographs to the Board. One set was from when the case originally arose and the second set was from yesterday. 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 May 19, 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. Mr. Blasie requested hearing the case being presented by Liz Roehrich, Animal Control Supervisor, before the lien reductions. There were no objections. 7 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 Case No. 10-1504 John and Patricia Virgil Location: 2880 NE 4th Street Violation(s): CO CH4 SEC. 4-32, 4-26, 4-37 Dog must be humanely secured to owner’s property at all times or on a leash when off owner’s property. Current tag and registration for dog required. Proof of rabies vaccine must be submitted. Liz Roehrich , Animal Control Supervisor, presented the case as contained in the staff report. She submitted photographs and requested a Cease and Desist Order. The homeowners were continuous offenders for over 10 years, had criminal charges of animal cruelty in the past, and were issued numerous citations. This case resulted in a neighbor’s dog having to be euthanized due to injuries sustained by an attack from the Respondents dog. There were a few dogs at the property which was also known to be a revolving door for dogs. Officer Roehrich believed the Police had been to the residence, but she was not certain about their involvement since she was responsible for handling the criminal animal cruelty cases. She explained the homeowners offered to help with the medical bills but the owner of the dog could not treat the injuries and had to put their dog down. Three dogs were involved. Two were removed. The neighbor was walking her dog on a leash when the dog was attacked. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that a Cease and Desist Order be issued giving John and Patricia Virgil until July 29, 2010 to bring the violation(s) of City of Boynton Beach Code sections as cited into compliance. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that a fine in the amount of $500 per recurrence of the violation thereafter shall be imposed upon the Respondents. Mr. LaRock seconded the motion. Mr. Foot inquired whether it was possible for an animal owner to find a new home for an animal within this time. He thought eight days was too long and suggested a shorter time period. Officer Roehrich explained whatever the Board could impose for the shortest allowable time was appropriate for leash law violations. There was brief discussion there needed to be enough time for the paperwork to be completed. Mr. Blasie clarified the policy was to allow time for notification. He explained Florida Law required the Respondents to be present and they were not. He was unsure a Cease and Desist order for tomorrow was appropriate and discussion followed whether a precedent would be established. Attorney Bridgeman explained no precedent would be set because each case was heard individually. Any decision rendered on this case would not be restrictive on future cases. She explained imposing a compliance date for 8 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 the next day was appropriate as long as it was put on the record that they were properly noticed for this meeting. Officer Roehrich explained for the record service was provided. Notice was sent Certified Mail on June 21, 2010 which was returned unsigned. The property was posted and at City Hall on July 7, 2010. A Code Compliance Officer posted the property and an Affidavit of Posting was completed. Officer Roehrich explained before she brings the case to the Board, she exhausts all over avenues. She asserted the Respondents know the dogs needs to be secured to the property. Mr. Karageorge amended his motion to take effect July 22, 2010. Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 07-3073 Valerie Lewis 2031 NW 1st Street Mr. Blasie explained the case was tabled due to the City Attorney wanting to review the matter. Attorney Tolces reviewed it and forwarded an email on June 22, indicating this needed to be dismissed. The lien had no standing. Motion Mr. Foot moved to dismiss. Mr. Karageorge seconded the motion that unanimously passed. Case No. 09-3469 US Bank National Association 111 NE 17th Avenue Mr. Blasie reviewed the case. The property was cited November 3, 2009 regarding property registration and mowing and trimming. The case was heard December 16, 2009 and no one appeared. A compliance date and fine of December 31, 2009 or incur a fine of $250 was imposed. Compliance was documented on June 7, 2010. This property, regarding the registration, had two letters in the file from Florida Default. The first letter was dated December 18, 2009 to Chase Bank advising they did not have to register. Florida Default sent a letter on April 14, 2010 to U.S. National Bank Association informing them of the same issue. Florida Default has been doing this, and legal counsel has been responding. Mr. Blasie wanted it noted the Respondent was receiving advice from another legal entity that was not correct. A letter from the law office of Gregory Taylor was requesting a reduction. There was someone interested in the home and the outstanding water bill and lot mowing lien was paid. A photograph taken January 4, 2010 and a second picture were distributed to the Board. Kristina Neville , on behalf of Attorney Taylor, was present. The lien was filed after the lis pendens and before they received certificate of title. The realtor cleaned up the 9 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 property and they were willing to pay the administrative fee. There was a contract on the property and the closing would occur on Friday. Mr. Blasie explained the City Commission was the determining entity in these matters. Once the minutes are received, they are sent to the City Commission, who then has seven days to agree or disagree with the decision the Code Compliance Board made. As an appealing party, they also have the same right during the same time period. Staff could also provide a letter explaining what happened at the meeting for the closing which is usually sufficient. Mr. Blasie pointed out that typically the Commission usually agrees with the determination rendered by the Board. There was a question about the photographs; however, Mr. Blasie confirmed the property met the criteria for lien reduction. Realtor cleaned the property in early June. There were also questions about the lien being filed after the lis pendens. Attorney Bridgeman confirmed the Board does not have a lien. Since the lien was against the Bank, it would be different. The recorded Final Summary Judgment was recorded April 15th or 16th of 2010. Attorney Bridgeman recommended the matter be tabled so she could properly assess it. Motion Mr. Brake moved to table the case to August 18, 2010. Mr. Foot seconded the motion that unanimously passed. In the meanwhile, they would advise staff what needed to be done and the Respondent should contact staff. Case No. 05-1196 Rafael A. Matos 220 NW 1st Avenue Mr. Blasie presented the case as contained in the staff report. The case was originally heard by the Board on July 25, 2005 for violations pertaining to driveway disrepair, unlicensed or inoperable vehicles in the carport. No one appeared. The compliance date and fine was July 30, 2010 or incur a fine of $25 a day. Compliance was documented on June 23, 2010. Photographs were presented to the Board taken on March 13, 2006 and others taken on July 17, 2010. Rafael Matos, 220 NW 1st Avenue, explained when the citation was issued, he was incarcerated. He took care of everything he could when he was released and found out there was a lien on the property. He repaired the driveway and the cars were removed. His sister-in-law took care of everything when he was incarcerated, but she never apprised him of the violations. He notified staff the violations were corrected and he learned of the lien when he went to sell another property. He advised he was released in July 2006, and he started to maintain it right away. The house was rented, and the sister-in-law collected the rent. He hoped she was maintaining the property with the rent that was collected, but it was not. Mr. Matos was now residing in the property. Mr. Blasie explained the Respondent obtained the business tax receipt. The property, in general, has always looked reasonably clean, just having cars in the driveway and 10 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 the driveway needed repair. Mr. Matos explained he has a job, but it barely pays for anything. He just spent $1,000 for the driveway repairs. Motion Based on testimony and evidence presented in the aforementioned case, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of July 20, 2005 to an amount of $1,000 including administrative costs. Mr. Karageorge seconded the motion that unanimously passed. Mr. Blasie explained he had 90 days to pay the fine and staff would send him a letter. Case No. 05-2852 Rafael A. Matos 220 NW 1st Avenue Mr. Blasie presented the case as contained in the staff report. The case was cited December 30, 2005 for violations regarding an illegal triplex. The Respondent was ordered to return the dwelling to a single-family home, installing grass, removing unregistered and inoperable vehicles. The driveway apron needed to be repaired. The compliance date and fine set by the Board was February 15, 2006 or incur a fine of $250 per day. Mr. Matos, 220 NW 1st Avenue, explained the dwelling was never a triplex; however, the case was no longer being heard. He was also incorporated while this occurred. Mr. Blasie explained it was subsequently determined that the dwelling was allowed to be a duplex. Mike Melillo Senior Code Compliance Officer, testified when he inspected the premises, there was someone living in the back of the carport, which was supposed to be a storage area. There were two units with tenants. He spoke to someone at the door, but there was no indication about how long the third party was there. He could not gain access to inspect the plumbing. He was there since and no one was there. Mr. Matos explained it took about $3,000 to bring the property into compliance. The difference between this case and the prior case was the third unit. Motion Based on testimony and evidence presented in the aforementioned case, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Brake moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of February 15, 2006 to an amount of $634.12, including administrative costs. Mr. LaRock seconded the motion. 11 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 There was discussion that reducing the fine so much may not be appropriate for the amount of time the violations existed. A fine of $1,000 was suggested so it could be recorded the Board had a concern. Further discussion followed some compassion should be extended. The Respondent did the responsible thing by curing the violations and he made arrangements with someone else to take care of the property that he thought was responsible to do so. Mr. Karageorge thought living in a storage area was a health and safety issue and he agreed homeowners have a responsibility to maintain the property. A comment was also made the neighbors were not aware there was a third party living in the storage area. There was a vote on the motion. The motion passed 4-3 (Messrs. LaTour, Foot and Karageorge dissenting.) Case No. 08-1277 Lisette Linares 644 NW 1st Avenue Mr. Blasie presented the case and noted there were two files. He explained there was a letter in the case materials and itemized expenses the applicants provided to advise what was conducted in the property. The case was cited on April 28, 2008 for violations pertaining to an unsecured pool, a wooden fence in disrepair, a pool enclosure with torn screened and a lawn. The pool was green and there was trash and debris. The case was heard June 18, 2008 and no one appeared. The compliance date and fine set by the Board was set for July 3, 2008 or incur a fine of $1,000 per day. Compliance was documented on August 26, 2008. The photographs he submitted pertained to both the cases. Two photographs were taken on July 15, 2010 and other photos taken prior to that showing the property in various states of disrepair. Lorenzo Lynch , 900 Bay Drive #225, Miami Beach, was present on behalf of Linares. Mr. Lynch was the realtor and explained the home was in the foreclosure process. He had a buyer who was helping to fix the home. The prospective purchaser, John Stanley was also present. Mr. Blasie met with Mr. Stanley several times. This sale was a short sale, and if it was a foreclosure, the home would be vacant longer. The potential buyer invested time and effort. The two cases were fairly similar. There was a Business Tax Receipt involved in the second case. The initial case was the main case. There was discussion the case complied on August 26, 2008. It was then cited for the same thing eight months later, plus the Business Tax Receipt. Mr. Lynch explained the home was rented and some tenants did not take care of the property. The owner was not aware of the issues as she lives in Miami. The home was now in the short sale process. Mr. Stanley , 640 NW 1st Avenue, explained he started all the complaints. The home was sold four years ago to Ms. Lisette, who was going to flip the home. The real estate 12 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 market crashed, and she ended up renting the property. Ms. Lisette lives in Miami and she rented the home to a family that had more than 10 people in the house. Mr. Stanely repaired the fence and he was complaining about the pool. When he fixed the fence, they would tear it open and he fixed it several times. He explained he spoke to the individuals. He let them borrow the lawn mower and weed eater, but they did not maintain it. He was under contract for the property and his son would live there. Mr. Stanley explained he secured the fence. There was garbage piled in the back yard, and they tenants threw food, clothes and rocks in the pool. He kept fixing the gate because there were small children around. Motion Based on testimony and evidence presented in the aforementioned case, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Karageorge moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of June 18, 2008 to an amount of $634,12 including administrative costs. Mr. LaRock seconded the motion that unanimously passed. Case No. 09-1398 Lisette Linares 644 NW 1st Avenue Mr. Blasie presented the case which was cited May 6, 2009 for violations pertaining to maintaining the pool, repairing the gate and obtaining the business tax receipt. The Board heard the case on July 15, 2009 and no one appeared. The compliance date and fine set by the Board was July 25, 2009 or incur a fine of $500 per day. Compliance was documented on July 9, 2010. Lorenzo Lynch , realtor for the seller was present. Chair Costantino inquired who would be paying the lien. Mr. Lynch explained in this instance, the owner cannot pay the liens. Chair Costantino explained it was not fair that a neighbor who cares about the neighborhood he lives in and who took steps to ensure the issues were addressed on a property that did not belong to him incur the fine and the owner walks with no penalty. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Karageorge move that this Board rescind the fine instituted in the aforementioned case by virtue of this Board's Order of July 15, 2009, and that the lien . imposed by that Order be releasedMr. LaRock seconded the motion. Mr. Foot commented the City incurred expenses with the case and did not believe it was correct to waive those fees. Imposing a fine of just the administrative expenses would still be appropriate. A vote was taken and the motion passed 6-1, (Mr. Foot dissenting.) 13 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 Case No. 08-905 Elda Aristhil & Aniel Dachoute 116 NE 15th Avenue Mr. Blasie presented the case as contained in the staff report. The property was cited at March 19, 2008 for violations pertaining to an overgrown yard, an awning that was in disrepair, and obtaining a Business Tax Receipt. The case was heard on May 21, 2008 and no one appeared. A compliance date and fine was established of May 31, 2008 or incur a fine of $100 per day. Compliance was established on July 1, 2010. Mr. Blasie had a photograph taken on July 15, 2010 and a photo taken July 16, 2008 and May 20, 2008. Eddy Maxius, Advanced Plus Realty, was present and explained the property owner was living out of state. They were the listing agent for the property. They had five different approvals from the Bank for the short sale, but due to the lien, the property could not be sold. They wanted to see how to reduce the lien and move forward with the short sale. The price was $35,000 and the mortgage was $175,000. The delinquent taxes were addressed by the Bank. The property had been mowed on April 2, 2008; however, all the other violations were outstanding. There was discussion about the Business Tax Receipt and the property being vacant, which would address the issue. Courtney Cain, Code Compliance Officer, testified the property was occupied. For the record, Mr. Maxius was authorized to speak on the case. The Bank agreed to pay up to $500, and the property was on the verge of entering into foreclosure. The Bank allowed some time to settle that matter, but if it could not be settled, there would be no choice. A lis pendens was recorded July 7, 2008. Motion Based on testimony and evidence presented in the aforementioned case, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of May 21, 2008 to an amount of $500 including administrative costs. Vice Chair Yerzy seconded the motion. Mr. Foot did not want to see the action fail because of the amount. Chair Costantino felt the difference of $134 could be absorbed by the purchaser. Mr. Foot amended his motion to $634. Vice Chair Yerzy seconded the amendment that unanimously passed. It was noted the total amount was $634.12. Mr. Foot announced his intent was for the entire amount, $634.12. Vice Chair Yerzy agreed that was also his intent. 14 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 Case No. 09-2327 Florentina Baba & Elton Cema 1514 Meadows Circle W Ms. Blasie presented the case as contained in the staff report. The property was cited July 15, 2009 for a Business Tax Receipt violation. The case was heard on March 17, 2010 and no one appeared. The compliance date and fine established by the Board was to comply by April 1, 2010 or incur a $100 per day fine. Compliance was documented on July 8, 2010. Mr. Blasie recalled the tenant was not cooperative in allowing staff access to the property and there was a transition period that occurred with the case. He explained condominiums had been cited for Business Tax Receipt violations but at one point, the Business Tax Division explained they could not cite anyone anymore because staff was behind in their processing. That factor played a part in the Respondent being unable to get the Business Tax Receipt issued and the City shouldered some of the blame for the Respondent’s slow compliance. Florentina Baba , 3764 Exeter Court #106, Palm Harbor, was present. There was discussion about eight inspections occurring on the property when normally there were four inspections. Mr. Blasie explained staff posted the property a number of times and each time they visited the premises to inspect or effectuate an action, it is an inspection. Ms. Baba explained the property became vacant two weeks ago. She applied for the Business Tax Receipt and sent the check last year. She also followed up with the inspector, left a message and wrote a note to schedule an appointment. There was a miscommunication with the tenant. The development had a gate so it was difficult to gain access. The property was now in short sale and the closing was in two weeks. Motion Based on testimony and evidence presented in the aforementioned case, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of March 17, 2010 to an amount of $1,118.24 including administrative costs. Mr. Karageorge seconded the motion. There was discussion staff was denied access to the property, and the Respondent collected rent during that time period. It was suggested a higher fine would be more appropriate; however, it was reiterated the Respondent sent the check for the Business Tax Receipt. Mr. Brake also explained that he, as a realtor, has had difficulty in the past gaining access to those units. Mr. Foot amended his motion to reflect an increase in the fine amount from $1,118.24 to $1,518.24. Mr. Karageorge seconded the amendment that unanimously passed. 15 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 The Board recessed for a short break at 8:41 p.m. Mr. Foot left the meeting at 8:42 p.m. The Board reconvened at 8:51 p.m. Case No. 10-1162 Washington Mutual Bank, N.A. Location: 205 SE 36th Avenue Violation(s): CO CH10 ORD. 09-040 CO CH10 SEC.10-56(A)(H) Properties vacant or subject to default must be registered with the City with the Federal Property Registration Corporation, and maintained. Secure property, mow and trim overgrowth. Remove trash and debris and remove bees. Officer Pierre presented the case as noted on the staff report. The recommendation given was to correct the violations within 10 days, July 31, 2010. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. . LaRock moved that this Board find that Washington Mutual Bank, N.Ais in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before July 31, 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 31, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case No. 10-1439 Yachtsman Properties LLC – Klifs Urban Wear Location: 1550 N. Federal Hwy 14 Violation(s): CO CH9 SEC 9-22(C) Fire inspection annual fees. Officer Webb presented the case as contained in the staff report. He recommended the case be tabled to August 18, 2010. 16 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 Motion Vice Chair Yerzy so moved. Mr. LaRock seconded the motion that unanimously passed. Case No. 10-1410 James W. Gibbs Location: 160 SE 27th Avenue Violation(s): CO CH10 SEC. 10-2 CO CH10 SEC. 10-56 (C) Clean pool. Trim hedges in rear and side yard areas. Trim Florida Holly trees or remove them. Officer Cain presented the case as contained in the notice of violation. Staff recommended 15 days be given to obtain compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that James W. Gibbs 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 August 5, 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 August 5, 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. The pool was secured but was unsanitary; it was the only outstanding violation. The motion unanimously passed. Case No. 10-1414 Mytrice Walker Location: 70 Miner Road Violation(s): CO CH10 SEC. 10-56(A) Secure and maintain property. Officer Cain presented the case as contained in the notice of violation. Staff recommended 30 days be given to obtain compliance. The Respondent was present earlier in the meeting and they worked out this arrangement. It was noted the home was not a mess, there was only one broken window and the owner’s granddaughter refurbished the home. There was a hardship 17 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Mytrice Walker 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 August 20, 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 August 20, 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 No. 10-1469 Todd Dawkins & Michelle Orman Location: 2424 N. Federal Hwy 415 Violation(s): FBC ’04 ED 104.11 Expired permit. Obtain new permit. Officer Cain presented the case as contained in the notice of violation. Staff recommended 10 days be given to obtain compliance. It was unknown what the permit was for since the Red Tag did not provide the information. Chair Costantino suggested reminding the Building Department when they send the Red Tag, they should include the information so the Board could adequately assess the matter. It appeared the building was a commercial building. Motion Mr. LaTour moved to table the case to the meeting on August 18, 2010. Mr. LaRock seconded the motion. The motion passed. Case No. 10-1474 William and Sharon Ganoe Location: 3169 Grove Road Violation(s): CO CH13 SEC 13-16 Business Tax Receipt required. Officer Cain presented the case as contained in the notice of violation. Staff recommended 10 days be given to obtain compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that William and Sharon Ganoe 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 31, 2010. The Board has considered the gravity of 18 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 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 $150 per day for each day the violation continues past July 31, 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 No. 10-1570 Douglas M. Feeley Location: 331 NE 24th Avenue Violation(s): CO CH15 SEC 15-120(D) INC. CO CH10 SEC 10-56(A) Secure property, mow yard. Officer Cain presented the case as contained in the notice of violation. Staff recommended 10 days be given to obtain compliance. He explained it was obvious this property was unsecured. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Douglas M. Feeley 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 July 31, 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 July 31, 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 No. 10-1784 John W. Field, Jr. Location: 3320 E. Atlantic Dr. Violation(s): CO CH10 SEC. 10-2 CO CH15 SEC 15-120(D) INC. Mow overgrown property. Trim Florida Holly or remove it. Officer Cain presented the case as contained in the notice of violation. Staff recommended 10 days be given to obtain compliance. 19 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that John W. Field, Jr. 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 July 31, 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 31, 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 No. 10-1785 John W. Field, Jr. Location: 311 Ocean Parkway Violation(s): CO CH10 SEC. 10-2 CO CH15 SEC 15-120(D) INC. Mow overgrown property. Trim Florida Holly or remove it. Officer Cain presented the case as contained in the notice of violation. Staff recommended 10 days be given to obtain compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that John W. Field, Jr. 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 July 31, 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 31, 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 No. 10-1791 Allen J. MacQueen Location: 2861 N. Seacrest Boulevard Violation(s): CO CH10 SEC. 10-56(A) Secure the home. 20 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 Officer Cain presented the case as contained in the notice of violation. Staff recommended 10 days be given to obtain compliance. He commented the violation was a health and safety hazards. There was a lot of broken glass on the premises. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Allen J. MacQueen 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 July 31, 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 July 31, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case No. 10-1968 Marta L. Arroyo Location: 3204 Ocean Parkway Violation(s): CO CH15 SEC 15-120(D) Inc. Remove outside storage from truck and trailers. Officer Cain presented the case as contained in the notice of violation. Staff recommended a Cease and Desist Order be entered for 10 days or less. The violation was corrected but the storage issue would be expected to return. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that a Cease and Desist Order be issued giving Marta L. Arroyo until July 31, 2010 to bring the violation of City of Boynton Beach Code sections as cited into compliance. The board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that a fine in the amount of $500 per recurrence of the violation thereafter shall be imposed upon the Respondents. Mr. LaRock seconded the motion that passed unanimously. Case No. 10-1329 Kevan J. & Shirley A. Holley Location: 41 NE 17th Court Violation(s): FBC ’04 ED 104.1.1 Permit No. 07-0392 expired. Obtain extension or renew permit per Red Tag. 21 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 Officer Guillaume presented the case as contained in the notice of violation. There was a discrepancy that this case may have been complied. Officer Guillaume advised Case No. 10-1339 complied. Motion Mr. LaTour moved to table Case 10-1329 to August 18, 2010. Mr. LaRock seconded the motion that unanimously passed. Case No. 10-1336 Countrywide Home Loans Location: 143 NW 14th Avenue Violation(s): CO CH10 ORD 09-040 Inc. Mow overgrown yard and trim overgrown vegetation. Property vacant or subject to default must be registered with the City. Officer Guillaume presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Countrywide Home Loans 143 NW 14th Avenue 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 31, 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 31, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Brake seconded the motion. There was discussion there were two different narratives regarding property registration. Ms. Springer explained the narrative. The motion unanimously passed. Case No. 10-1339 City First Mortgage Corp. Location: 1624 NE 2nd Court Violation(s): CO CH10 ORD 09-040 Inc. Mow overgrown yard and trim overgrown vegetation. Property vacant or subject to default must be registered with the City. Officer Guillaume explained violations associated with this case complied. 22 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 Motion Mr. Brake moved to remove line 28, which was Case No. 10-1339. Mr. Larock seconded the motion that unanimously passed. Case No. 10-1362 Aida Rivera Location: 1662 NE 24th Court Violation(s): CO CH15 SEC 15-120(D) Inc. Mow overgrown yard. Officer Guillaume presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Aida Rivera 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 31, 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 31, 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 No. 10-1472 William Ganoe Location: 2320 NW 2nd Street Violation(s): CO CH13 SEC 13-16 Business Tax Receipt required. Officer Guillaume presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. 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 July 31, 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 July 31, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to 23 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 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. Karageorge seconded the motion that unanimously passed. Case No. 10-1475 William and Sharon Ganoe Location: 2260 NW 2nd Street Violation(s): CO CH13 SEC 13-16 Business Tax Receipt required. Officer Guillaume presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that William and Sharon Ganoe 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 31, 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 $150 per day for each day the violation continues past July 31, 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 No. 10-1476 William and Sharon Ganoe Location: 2280 NW 2nd Street Violation(s): CO CH13 SEC 13-16 Business Tax Receipt required. Officer Guillaume presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that William and Sharon Ganoe 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 31, 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 $150 per day for each day the violation continues past July 31, 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 24 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 arrange for re-inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. Case No. 10-1477 William Ganoe Location: 2370 NW 2nd Street Violation(s): CO CH13 SEC 13-16 Business Tax Receipt required. Officer Guillaume presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. 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 July 31, 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 July 31, 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 No. 10-1478 William Ganoe Location: 1443 NW 4th Street Violation(s): CO CH13 SEC 13-16 Business Tax Teceipt required. Officer Guillaume presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. 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 July 31, 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 July 31, 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- 25 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion. Mr. LaTour noted there were five cases with three different addresses and inquired where the notices were sent. Ms. Springer explained they have to send the notice to the address listed on the tax roles. The motion unanimously passed. Case No. 10-1519 Bank of New York – 130 NE 17th Ct Location: 130 NE 17th Ct Violation(s): CO CH15 SEC 15-120(D) Inc. Mow yard and trim hedges. Officer Guillaume presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Bank of New York – 130 NE 17th Courtis 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 31, 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 31, 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 No. 10-1593 Vidal & Emiliano Flores Location: 171 NE 17th Avenue Violation(s): CO CH10 SEC 10-56(A) Remove trash and debris, remove outside storage from the property. Officer Guillaume presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Vidal & Emiliano Flores are in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondents correct 26 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 the violation on or before July 31, 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 July 31, 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 No. 10-1655 Deutsche Bank National Trust – 1800 NE 2nd Lane Location: 1800 NE 2nd Lane Violation(s): CO CH10 ORD. 09-040 Inc. Property vacant or subject to default must be registered with the City. Remove graffiti on the building. Officer Guillaume presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Deutsche Bank National Trust – 1800 NE 2nd Laneis 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 31, 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 31, 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 No. 10-1659 The Bank of New York Mellon – 131 NE 19th Ave . Location: 131 NE 19th Ave. Violation(s): CO CH10 ORD. 09-040 Inc. Property vacant or subject to default must be registered with the City. Officer Guillaume presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. 27 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that The Bank of New York Mellon – 131 NE 19th Ave. 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 31, 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 31, 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 No. 10-1698 Henry J. Woods Location: 261 NE 16th Court Violation(s): CO CH15 SEC 15-120(D)1 A. Remove unlicensed and inoperable vehicle from the property. Trim hedges. Officer Guillaume presented the case as contained in the notice of violation. Staff recommended 30 days be given to correct the violations. The Respondent was present earlier in the meeting. The matter had to do with insurance and he did not have the money to insure the vehicle Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Henry J. Woods 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 August 20, 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 August 20, 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 No. 10-1702 MTGLO Investors LP – 2745 NW 2nd St. Location: 2745 NW 2nd St. Violation(s): CO CH10 ORD. 09-040 Inc. Property vacant or subject to default must be registered with the City. 28 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 Officer Guillaume presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that MTGLO Investors LP – 2745 NW 2nd St. 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 31, 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 31, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case No. 10-1801 Universal Mortgage Corp – 2133 NE 3rd Ct. Location: 2133 NE 3rd Court Violation(s): CO CH10 ORD. 09-040 Inc. Property vacant or subject to default must be registered with the City. Officer Guillaume presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find thatUniversal Mortgage Corp – 2133 NE 3rd Court 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 31, 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 31, 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 No. 10-1803 HSBC Bank USA, NA TR – 2000 NW 2nd Ct. Location: 2000 NW 2rd Court Violation(s): CO CH10 ORD. 09-040 Inc. Property vacant or subject to default must be registered with the City. 29 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 Officer Guillaume presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find thatHSBC Bank USA, NA TR – 2000 NW 2nd Court 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 31, 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 31, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case No. 09-430 Three 608662 Canada Inc. Location: 1009 N. Federal Hwy. Violation(s): LDR CH4 SEC. 11 Bring property landscape back to plan on file. Officer Herring presented the case as contained in the notice of violation. Staff recommended 30 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find thatThree 608662 Canada 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 August 20, 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 August 20, 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 No. 09-1480 Carmelo & Leonore Vasile Location: 1012 SE 3rd St. Violation(s): CO CH13 SEC 13-16 CO CH10 SEC 10-56(A)(G) 30 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 Mow, weed and trim property. Remove trash and debris. Obtain business tax receipt for rental residence. Officer Herring presented the case as contained in the notice of violation. Staff recommended 30 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Carmelo & Leonore Vasile 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 August 20, 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 $100 per day for each day the violations continue past August 20, 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 No. 10-1447 Christopher J. Brebbia Location: 211 SE 4th Avenue Violation(s): CO CH15 SEC 15-120(D) Inc CO CH10 SEC 10-56(G) CO CH10 SEC 10-59 (A)(D)(E) Remove trash and debris, outside storage. Restore electric to unit per Code. Officer Herring presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Christopher J. Brebbiais in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before July 31, 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 July 31, 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. 31 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 Case No. 10-1523 Amtrust Bank – 210 SE 1st St. Location: 210 SE 1st St. Violation(s): CO CH10 ORD. 09-040 Property vacant or subject to default must be registered with the City. Remove trash and debris. Mow, weed and trim property. Officer Herring presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. The only remaining violation was the property registration. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Amtrust Bank – 210 SE 1st St.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 31, 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 31, 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 No. 10-1575 U.S. Bank National Assoc. – 202 SE 1st Ave. Location: 202 SE 1st Ave. Violation(s): CO CH10 ORD. 09-040 Property vacant or subject to default must be registered with the City. Remove trash and debris. Mow, weed and trim property. Install four-inch house numbers on dwelling. Officer Herring presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. The trash and debris has been removed. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that U.S. Bank National Assoc. – 202 SE 1st Avenue 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 31, 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 32 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past July 31, 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 No. 10-1576 Citimortgage Inc. 109-SE 4th Ave. Location: 202 SE 1st Ave. Violation(s): CO CH10 ORD. 09-040 Property vacant or subject to default must be registered with the City. Remove trash and debris. Replace or repair damaged soffit and fascia. Officer Herring presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Only the soffit and fascia remained outstanding. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Citimortgage Inc. 109-SE 4th Ave.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 31, 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 31, 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 No. 10-1600 David P. Penegor Location: 416 S. Seacrest Boulevard Violation(s): CO CH10 SEC 10-56(G) Replace or repair missing/broken windows. Remove trash and debris. Officer Herring presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that David P. Penegoris in violation of the City of 33 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before July 31, 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 July 31, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case No. 10-1601 Jerome Albanese Location: 105 SE 4th Ave. Violation(s): CO CH15 SEC 15-120(D) Inc CO CH10 SEC 10-56(D)(G) Repair or replace all broken/missing windows. Replace or repair damaged soffit and fascia. Mow, weed, and trim property. Remove trash and debris. Remove all outside storage. Officer Herring presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. There is a health and safety issue involved in the case. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Jerome Albaneseis in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before July 31, 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 July 31, 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 No. 10-1671 Christopher J. Brebbia Location: 211 SE 4th Avenue Violation(s): CO CH13 SEC 13-16 Business Tax Receipt required. Secure unsecured roof tiles on roof. 34 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 Officer Herring presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. There is a health and safety issue involved in the case. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Christopher J. Brebbiais 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 31, 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 31, 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 No. 10-1700 Mortgage Electronic Registration – 714 SE 3rd St. Location: 714 SE 3rd St. Violation(s): CO CH10 Ord. 09-040 Property vacant or subject to default must be registered with the City. Mow and trim overgrowth. Secure property. Officer Herring presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. There is a health and safety issue involved in the case. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Mortgage Electronic Registration – 714 SE 3rd St. 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 31, 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 31, 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. 35 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 Case No. 10-441 Kelsey Manor, LLC Location: 3471 High Ridge Rd. Violation(s): BBA FBC ’07 Ed. 105.1 Rack system installed without a permit. Officer Lewis presented the case as contained in the notice of violation. Staff recommended 60 days be given to correct the violations. There is a health and safety issue involved in the case. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Kelsey Manor, LLCis in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before September 19, 2010. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $500 per day for each day the violation continues past September 19, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaTour seconded the motion that unanimously passed. Case No. 10-1227 CNL Income Fund XIV LTD Location: 755 W. Boynton Beach Boulevard Violation(s): LDR CH 4 SEC 11 Restore landscaping to most recently approved plan on file with the City. Officer Lewis presented the case as contained in the notice of violation. Staff recommended 6 months to correct the violations. A meeting was held with the City Forrester regarding the landscaping. Extensive landscaping was needed and the Respondent requested a three-phase plan. The case was tabled from last month. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that CNL Income Fund XIV LTDis in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before January 19, 2011. 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 January 19, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order 36 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. Case No. 10-1452 Carol & Hudson Laudano Location: 54 Peachtree Place Violation(s): CO CH15 SEC 15-120(B) 2 Inc. CO CH15 SEC 15-120(D) Inc. CO CH10 SEC 10-56(B) Remove basketball goal from right-of-way. Mow and trim overgrowth, cut dead palm fronds and remove. Remove all outdoor storage, trash and debris from property. Officer Lewis presented the case as contained in the notice of violation. Staff recommended 15 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Carol & Hudson Laudano 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 August 5, 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 $100 per day for each day the violations continue past August 5, 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 No. 10-1517 Chase Home Finance LLC – 1 Hawthorne Lane Location: 1 Hawthorne Lane Violation(s): Property vacant or subject to default must be registered with the City. Remove bee infestation. Repair deteriorated exterior of the building Officer Lewis presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. The violation was a safety hazard due to the bees. 37 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Chase Home Finance LLC – 1 Hawthorne Lane 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 July 31, 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 July 31, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Vice Chair Yerzy seconded the motion. There was a question about the door. The door was secure but the frame was deteriorated due to the beehive. The motion unanimously passed. Case No. 10-1604 Virginia Lauman Location: 2811 SW 13th Ct. Violation(s): BBA FBC ’07 ED. 105.1 Secure building permit for new screen enclosure noted in Red Tag. Officer Lewis presented the case as contained in the notice of violation. Staff recommended 30 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Virginia Lauman 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 August 20, 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 August 20, 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 No. 10-1661 New Urban High Ridge, LLC Location: 3001 High Ridge Rd. Violation(s): CO CH10 SEC 10-2 LDR CH4 Sec. 11 38 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 Remove sand/dirt piles on vacant property. Maintain outside perimeter property according to Code. Mow and trim vegetation. Restore silt fence to original condition. Mulch and seed vacant land to prevent sand from blowing onto surrounding properties. Remove trash, debris and overgrowth. Officer Lewis presented the case as contained in the notice of violation. Staff recommended 30 days be given to correct the violations. This property was divided. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake 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 August 20, 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 August 20, 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 No. 10-1772 Joaquin Mujica & Mari Coopersmith Location: 1230 Old Boynton Road 220 Violation(s): BBA FBC ’07 Ed. 105.1 CO CH13 SEC. 13-16 Obtain mechanical permit for air conditioning installation as noted in the Red Tag. Obtain Business Tax Receipt to rent property. Officer Lewis presented the case as contained in the notice of violation. Staff recommended 30 days be given to correct the violations due to the permit. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Joaquin Mujica & Mari Coopersmithare in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondents correct the violations on or before August 20, 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 39 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 violations continue past August 20, 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 No. 10-1772 Lue Gennie Rivers Est. Location: 515 NW 11th Avenue Violation(s): CO CH15 SEC. 15-120(D) Inc. CO CH10 SEC. 10-56(D) Mow grass and weed. Replace fascia and rotten soffit. Replace roof that had a blue tarp. Paint both buildings. Install 4-inch house numbers on building. Officer Melillo presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Lue Gennie Rivers Est. 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 July 31, 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 $500 per day for each day the violations continue past July 31, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case No. 10-1513 U.S. Bank National Assoc. - 410 NW 3rd St. Location: 410 NW 3rd Street Violation(s): CO CH10 ORD 09-040 Inc. Property vacant or subject to default must be registered with the City. Secure all openings to keep the public from entering the premises. Officer Melillo presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. 40 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that U.S. Bank National Association – 410 NW 3rd Street 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 July 31, 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 July 31, 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 No. 10-1527 Mortgage Electronic Registration – 201 NW 7th Ct. Location: 201 NW 7th Ct. Violation(s): CO CH10 ORD 09-040 Inc. Property vacant or subject to default must be registered with the City. Remove trash. Officer Melillo presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaTour moved that this Board find that Mortgage Electronic Registration – 201 NW 7th Ct.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 July 31, 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 July 31, 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 No. 10-1578 US Bank National Association – 514 NW 11th Avenue Location: 514 NW 11th Avenue Violation(s): CO CH10 ORD 09-040 Inc. Property vacant or subject to default must be registered with the City. Remove trash. Secure the property. 41 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 Officer Melillo presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that US Bank National Association – 514 NW 11th Avenue 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 July 31, 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 $300 per day for each day the violations continue past July 31, 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 No. 10-1579 The Bank of New York – 520 NW 11th Ave. Location: 520 NW 11th Avenue Violation(s): CO CH10 ORD 09-040 Inc. Property vacant or subject to default must be registered with the City. Remove trash. Secure the property. Officer Melillo presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that The Bank of New York – 514 NW 11th Avenue 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 July 31, 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 July 31, 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 No. 10-1584 Bank of America – 418 NW 11th Ave. Location: 418 NW 11th Avenue Violation(s): CO CH10 ORD 09-040 Inc. 42 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 Property vacant or subject to default must be registered with the City. Officer Melillo presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that US Bank National Association – 418 NW 11th Avenue 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 July 31, 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 31, 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 No. 10-1689 Kristine Flynn Location: 418 NW 11th Avenue Violation(s): CO CH15 SEC 15-120(D) Inc. Mow grass and trim bushes in backyard. Officer Melillo presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Kristine Flynn 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 July 31, 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 July 31, 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 No. 10-1694 Citimortgage Inc. - 508 NW 9th Ave. Location: 508 NW 9th Avenue Violation(s): CO CH10 ORD 09-040 Inc. 43 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 Property vacant or subject to default must be registered with the City. Maintain property according to Code. Officer Melillo presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Citimortgage Inc. - 508 NW 9th Ave. 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 July 31, 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 31, 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 No. 10-1508 Felhouse Demesmin Location: 511 SE 34th Avenue Violation(s): CO CH15 SEC 15-120(D) Inc. Remove unregistered and/or inoperable vehicles from front and rear yards. Officer Pierre presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. It was noted there were several cars on the property. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Felhouse Demesminis in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before July 31, 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 July 31, 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. 44 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 Case No. 10-1641 GMAC Mortgage LLC – 2950 SE 2nd St. Location: 2950 SE 2nd Street Violation(s): CO CH10 ORD 09-040 Inc. Property vacant or subject to default must be registered with the City. Maintain property according to Code. Officer Pierre presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that GMAC Mortgage LLC – 2950 SE 2nd Streetis in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before July 31, 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 July 31, 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 No. 10-1667 Luis Jaquez Location: 203 SE 26th Avenue Violation(s): LDR CH 2 SEC 4(F) Freestanding TV and citizens band broadcasting antennas cannot exceed 25 feet in height or be constructed in the building setback area. Officer Pierre presented the case as contained in the notice of violation. Staff recommended 15 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Luis Jaquezis in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before August 5, 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 August 5, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the 45 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 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 No. 10-1699 Countrywide Bank – 2935 SE 1st St. Location: 2935 SE 1st Street Violation(s): CO CH10 ORD 09-040 Inc. Property vacant or subject to default must be registered with the City. Maintain property according to Code. Officer Pierre presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Countrywide Bank – 2935 SE 1st Streetis in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before July 31, 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 31, 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 No. 10-1753 Aurora Loan Services LLC – 907 SW 28th Ave. Location: 907 SW 28th Avenue Violation(s): CO CH10 ORD 09-040 Inc. Property vacant or subject to default must be registered with the City. Maintain property according to Code. Officer Pierre presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Aurora Loan Services LLC – 907 SW 28th Avenue 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 31, 2010. The Board has considered 46 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 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 July 31, 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. Officer Herring presented the following cases on behalf of Pete Roy, Chief Code and Rehabilitation Officer Case No. 10-1297 Bank of America – 848 NW 1st Ave. Location: 848 NW 1st Ave. Violation(s): CO CH10 ORD 09-040 Inc. Property vacant or subject to default must be registered with the City. Maintain property according to Code. Officer Herring presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Bank of America – 848 NW 1st Avenueis 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 31, 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 violation continues past July 31, 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 No. 10-1443 Deutsche Bank – 120 SW 12th Ave. Location: 120 SW 12th Avenue Violation(s): CO CH10 ORD 09-040 Inc. Property vacant or subject to default must be registered with the City. Maintain property according to Code. Officer Herring presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. 47 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Deutsche Bank – 120 SW 12th Avenueis 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 31, 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 July 31, 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 No. 10-1526 David & Mirtha Saget Location: 322 SW 7th Avenue Violation(s): CO CH15 SEC 150129(D) Inc. Remove unregistered and inoperable vehicles from property. Mow weed and trim. Officer Herring presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that David & Mirtha Sagetare in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent scorrect the violation on or before July 31, 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 $200 per day for each day the violation continues past July 31, 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 No. 10-1577 Citibank NA – 510 W. Ocean Avenue Location: 510 West Ocean Avenue Violation(s): CO CH10 ORD 09-040 Inc. Property vacant or subject to default must be registered with the City. Maintain property according to Code. 48 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 Officer Herring presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaTour moved that this Board find that Citibank NA – 510 W. Ocean Avenueis 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 31, 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 31, 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 No. 10-1581 The Bank of New York – 146 SW 7th Ave. Location: 146 SW 7th Avenue Violation(s): CO CH10 ORD 09-040 Inc. Property vacant or subject to default must be registered with the City. Maintain property according to Code. Officer Herring presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that The Bank of New York – 146 SW 7th Avenue 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 31, 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 31, 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 No. 10-1607 Howard M. Pennar Location: 209 SW 7th Avenue Violation(s): CO CH10 SEC 10-56 (B) 49 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 Mow, weed, and trim property. Officer Herring presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaTour moved that this Board find that Howard M. Pennaris 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 31, 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 31, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 10-1624 Natasha Joseph Location: 121 SW 4th Avenue Violation(s): CO CH10 SEC 10-56 (A)(B)(D) CO CH15 SEC 15-120(D) Inc. Mow, weed, and trim property. Officer Herring presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Natasha Josephis 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 31, 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 31, 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 No. 10-1630 Rafael Castro Location: 134 SW 13th Avenue Violation(s): CO CH13 SEC 13-16 50 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 Business Tax Receipt required to rent residence. Officer Herring presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Natasha Josephis 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 31, 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 31, 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 No. 10-1631 Marie C. & Umen Sanon & Marie A. Sanon Est. Location: 24 SW 9th Avenue Violation(s): CO CH10 SEC. 10-56 (A)(D) Repair roof. Remove outside storage. Officer Herring presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. There were no safety issues. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Marie C & Umen Sanon & Marie A. Sanon Est. 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 July 31, 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 31, 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 No. 10-1683 Laura DiBella Location: 243 SW 12th Avenue 51 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 Violation(s): CO CH10 SEC. 10-56 (B) LDR CH2 SEC5 (D)(1) Mow, weed, and trim property. Remove outside storage. Officer Herring presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. The outside storage had been removed. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaTour moved that this Board find that Laura DiBellais in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before July 31, 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 July 31, 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 No. 10-1063 Eric B. Gross Location: 324 NE12th Avenue Violation(s): CO CH10 SEC. 10-56 (B) CO CH13 SEC 13-16 CO CH15 SEC 15-120(D) Inc. CO CH10 SEC 10-58(E) Business Tax Receipt required to rent property. Sod bare areas in yard. Remove trash and debris. Officer Webb presented the case as contained in the notice of violation. Staff recommended the case be tabled to the August 18, 2010 meeting Motion Mr. Karageorge 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. Case No. 10-1470 William Ganoe Location: 320 NE 13th Avenue Violation(s): CO CH13 SEC 13-16 52 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 Renew Business Tax Receipt Officer Webb presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations due to the permit. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaTour moved that this Board find that William Ganoeis 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 31, 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 31, 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. Officer Pierre recommended the following case be certified for $25: Case No. 10-993 Felix 21 LLC 3300 S. Congress Ave #1 Engineering Protection Systems The following motion pertained to Engineering Protection Systems only: 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 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 $25 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaTour seconded the motion that unanimously passed. Officer Pierre recommended the following cases be certified for $50: Case No 10-1121 Syretta & Lowrie II Simon 3171 Grove Road 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 May 19, 2010, and having considered the gravity of the 53 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 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 Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. Case No. 10-662 Andre G. Garcon 407 NW 15th Avenue 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 $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. LaRock seconded the motion that unanimously passed. Officer Pierre recommended the following cases be certified for $75: Case No. 09-3865 Silfina Gabrielle 437 SW 3rd Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageroge 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 $75 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 No. 10-776 Jacob & Shelly J. Rus 515 NE 1st Street Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageroge moved that this Board find that the Respondents have not complied with this Board's Order dated May 19, 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. LaRock seconded the motion that unanimously passed. Officer Pierre recommended the following cases be certified for $100: 54 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 Case No. 07-350 Martins BBQ Inc. 399 Winchester Park Blvd. 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 violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. Case No. 10-993Felix 21 LLC3300 S. Congress Ave #1 Protection Engineering Systems 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 May 19, 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 the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. Case No. 10-677 William Ganoe 3243 Grove Road 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 $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 No. 10-545 Bank of New York Mellon Trust 114 SE 14th Avenue 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 55 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 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 No. 10-763 April Purvis 145 SE 11th Avenue 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 $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 No. 10-954 Charles Eskenazi 143 NW 11th Street 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 $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 No. 10-1081 Lory Hawkins 1468 SW 25 Place B 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 June 16, 2010, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. Officer Pierre recommended the following cases be certified at $125 per day: Case No. 10-768 William Ganoe 320 NE 13th Avenue Motion 56 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 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 May 19, 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 $125 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaTour seconded the motion that unanimously passed. Officer Pierre recommended the following cases be certified at $150 per day: Case No. 10-1213 3445 High Ridge Road, LLC 3445 High Ridge Road, LLC Quad H Technology Corp. 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 May 19, 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 $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. Brake seconded the motion that unanimously passed. Case No. 09-3135 National Land Company Inc. 12807 Lake Drive 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 May 19, 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 $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. Brake seconded the motion that unanimously passed. Officer Pierre recommended the following cases be certified at $200 per day: Case No. 10-1231 William & Sharon Ganoe 2870 NE 4th Street Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that the Respondent has not complied with this Board's Order dated June 16, 2010, and having considered the gravity of the violations, 57 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 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 Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. Case No. 10-1153 BAC Home Loan Servicing 531 NW 8th Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that the Respondent has not complied with this Board's Order dated June 16, 2010, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $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 Pierre recommended the following cases be certified at $250 per day: Case No. 09-3966 Theresa Frazier 1641 NW 1st Court 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 March 10, 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 No. 10-106 Barbara Garside 207 SE 4th Avenue 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 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 $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. 58 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 Case No. 10-114 Barbara Garside 203 SE 4th Avenue 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 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 $250 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 Pierre recommended certifying the fines incurred from a Cease and Desist Order for the following case in the amount of $100 per reccurrence. There were three reccurrences. Case No. 10-50 Marta Arroyo 3204 Ocean Parkway Motion Mr. LaRock so moved in the amount of $100 per recurrence. Mr. Karageorge seconded the motion that unanimously passed. Officer Pierre recommended “No Fine” for the following cases: Case No. 09-3190 Mega Mini Co. 2951 SW 14th Place Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent, Mega Mini Co. 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 January 20, 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. LaTour seconded the motion that unanimously passed. Case No. 09-1063 Meadows on the Green Condo Assoc. 100 Meadows Circle Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent, Meadows on the Green Condo Assoc. 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 September 16, 2010, and in 59 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 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. LaTour seconded the motion that unanimously passed. Case No. 10-1406 Christopher Cousineau 2407 NE 4th Street Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent, Christopher Cousineau 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 June 16, 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. LaTour seconded the motion that unanimously passed. Case No.10-971 Regency Centers Inc. 4774 N. Congress Avenue Baskin Robbins Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent, Regency Centers Inc./Baskin Robbins, 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 May 19, 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 Respondents, that this Board impose and certify “No Fine.” Mr. LaTour seconded the motion that unanimously passed. Case 10-1347 1950 Congress Avenue LLC. 750 N. Congress Avenue Pollo Compero Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent,1950 Congress Avenue LLC Pollo Compero 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 June 16, 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 Respondents, that this Board impose and certify “No Fine.” Mr. LaTour seconded the motion that unanimously passed. 60 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21, 2010 Case No. 10-678 Cameau & Marie Danois 2655 SE 2nd Street Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondents, Cameau & Marie Danois 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. LaTour seconded the motion that unanimously passed. Case No. 10-913 Andrew Jr. & Gail Luchey 2208 SE 4th Street Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondents, Andrew Jr. & Gail Luchey 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. LaTour seconded the motion that unanimously passed. Officer Pierre recommended tabling the following cases to August 18, 2010: Case No. 10-693 Vittorio & Brigida Nuciforo 2515 NE 2nd Court No. 102 Motion Mr. LaTour moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on August 18, 2010. Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 10-1104 JHA Holdings I, LLC 204 SW 1st Avenue 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. Karageorge seconded the motion that unanimously passed. Officer Pierre recommended tabling the following case to September 15, 2010: Case No. 10-14 Deborah Zeiger TR 1017 Fosters Mill Road 61 Meeting Minutes Code Compliance Board Boynton Beach, FL July 21,2010 Motion Mr. LaRock moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on September 15, 2010. Mr. Karageorge seconded the motion that unanimously passed. Adjournment Mr. Karageorge moved to adjourn. Mr. LaRock seconded the motion that unanimously passed. The meeting adjourned at 9:57 p.m. CiwLL\)J'V'-C (l/wJUJr Catherine Cherry a Recording Secretary 072210 62