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Minutes 08-18-10 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON AUGUST, 18, 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 David Tolces, Assistant City Attorney James Brake Robert Foot Mark Karageorge Kathleen Carroll, Alternate ABSENT: Jamie LaTour Kirk LaRock I. Call to Order Chair Costantino called the meeting to order at 6:30 p.m. II. Approval of Agenda Mike Melillo, Senior Code Compliance Officer, requested: Case # 07-3227 be tabled to November 20, 2010. Motion Mr. Brake moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on November 20, 2010. Ms. Carroll seconded the motion that unanimously passed. Case # 09-3194 be tabled to September 15, 2010. Motion Mr. Brake moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on September 15, 2010. Vice Chair Yerzy seconded the motion that unanimously passed. Case #10-1939 be tabled to September 15, 2010. Meeting Minutes Code Compliance Board Boynton Beach, FL August 18, 2010 Motion Ms. Carroll 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. Case # 10-1498 be tabled to September 15, 2010. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on September 15, 2010. Mr. Brake seconded the motion that unanimously passed. Case # 10-1499 be tabled to September 15, 2010. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on September 15, 2010. Mr. Brake seconded the motion that unanimously passed. Case # 10-1501 be tabled to September 15, 2010. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on September 15, 2010. Mr. Brake seconded the motion that unanimously passed Case # 10-1502 be tabled to September 15, 2010 Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on September 15, 2010. Mr. Brake seconded the motion that unanimously passed. Case # 10-1503 be tabled to September 15, 2010. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on September 15, 2010. Mr. Brake seconded the motion that unanimously passed. 2 Meeting Minutes Code Compliance Board Boynton Beach, FL August 18, 2010 Case # 10-1505 be tabled to September 15, 2010. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on September 15, 2010. Mr. Brake seconded the motion that unanimously passed. Case #’s 10-1329, 07-1122, 10-1905, 10-723, 10-1695, 10-1994, 10-2079, and 10-1983 were complied. Case #s 10-1701, 10-2028, 10-289, 10-1371 were removed. Motion Mr. Karageorge moved to approve the agenda as amended. Vice Chair Yerzy seconded the motion that unanimously passed. III. Swearing in of Witnesses and Introduction Attorney Tolces explained the hearing procedures and administered the oath to all who would testify. IV. New Business Officer Melillo called the roll and determined who was present. There were also no objections to hearing Officer Roehrich’s cases first Case # 10-2132 Lawrence Grossman Location: 3603 Periwinkle Lane Violation(s) CO CH4 SEC. 4-32, 4-36, 4-37 Dogs must be humanely secured to owner’s property at all times or on a leash when off the property. Each dog must have current tag and registration with Palm Beach County. Proof of Rabies Vaccination must be submitted. Liz Roehrich , Animal Control Supervisor, presented the case as contained in the staff report. The location was a multi-family duplex at the above address, which was also shown as a homesteaded property. The property owner, Lawrence Grossman, residing at 3210 Pierson Drive, Delray Beach, was cited for violations of the Leash Law, County Registration and Rabies Vaccination. 3 Meeting Minutes Code Compliance Board Boynton Beach, FL August 18, 2010 The property owners had tenants that own pit bulls. One of the dogs was removed because it severely injured a neighbor’s dog. One pit bull remained at the premises and was unlicensed and unvaccinated. She sought a Cease and Desist order for violations of the Leash Law and another motion for all else. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that a Cease and Desist Order be issued giving Lawrence Grossman until August 19, 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 $100 per recurrence of the violation thereafter shall be imposed upon the Respondents. Mr. Karageorge clarified this pertained only to the Leash Law (Sec. 4-32) Mr. Brake preferred to see a fine of $150 because another animal was already bitten. Mr. Karageorge amended his motion to $150. Mr. Brake seconded the motion that passed unanimously. The second motion pertained to the registration and vaccination violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that a Cease and Desist Order be issued giving Lawrence Grossman until August 24, 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 $250 per recurrence of the violation thereafter shall be imposed upon the Respondents. Mr. Karageorge clarified the violations pertained to Sections 4-36 and 4-37. Mr. Brake seconded the motion that passed unanimously. Case # 10-2280 Lila Delapaz Location: 1606 SW 17th Terrace Violation(s) CO CH4 SEC. 4-13 Feeding wildlife and disturbing neighboring properties creating a nuisance. Stop feeding the ducks. Officer Roehrich presented the case as contained in the staff report. The case arose as the result of a citizen complaint. The violation was creating a nuisance, specifically by a resident feeding the ducks. Written notice was provided on August 5, 2010 giving one day to comply. Proof of service was obtained via hand delivery on August 11, 2010. 4 Meeting Minutes Code Compliance Board Boynton Beach, FL August 18, 2010 The resident was cited in May of 2009 based of affidavits from complainants. The Respondent was cited again on July 22, 2009 also based on affidavits. Subsequent affidavits were received again on August 3, 2010. She requested a Cease and Desist Order be entered. The Respondent was present. Lila Delapaz , 1606 SW 17th Terrace, was put under oath and pled not guilty. Officer Roehrich had photographs provided by the affiants. Office Roehrich had spoken with the Respondent who had admitted to her that she fed the Muskogee Ducks, but was no longer doing so. Photographs were distributed to the Board. There were always ducks congregated at the property; however, Officer Roehrich had never witnessed the Respondent feed them. Officer Roehrich recommended an immediate Cease and Desist Order be entered. Vice Chair Yerzy noted for the record the Respondent did not appear anywhere in the photographs with the animals. Ms. Delapaz explained she has been living at the premises 11 years and she had mango and avocado trees on her property. She lives very close to the lake and when the fruits fall the ducks come. She testified the ducks sit there, but she was not feeding them. She was warned not to feed them and she stopped. She does not go into the backyard because her neighbors take photographs. Three affiants were present. Officer Roehrich explained it was her understanding of duck behavior that they congregate for only one reason and then they would wander everywhere. When Officer Roehrich visited the home, ducks came out from the bushes. Curtis Smith , 1978 Campanelli Boulevard, testified he lived at the premises just under 20 years. This issue began 3.5 to 4 years ago. He personally, and other neighbors, asked her to stop feeding the ducks. He asserted she responded no one would stop her from feeding the ducks. Her home was three blocks off the lake with a group of homes that had adjoining backyards. He testified the last time she fed the ducks was early Monday morning. She looked around, throws a silver bowl out and runs back into the house. She does this every day and the matter was getting worse. The ducks cut through property. The house next door to his had a bush, and with mating season, the neighbor had to put up a screen to keep them from nesting there. There were pigeons everywhere. He testified he signed an affidavit. Mr. Brake inquired what level of evidence the Board would need to catch her feeding the ducks. Officer Roehrich referred the question to Attorney Tolces. She added multiple sworn affidavits and testimony should suffice and the back-up presence of the Affiants. It was not always possible to catch the Respondent in the act. Officer Roehrich also testified the Respondent told her office she was unsure she could stop. 5 Meeting Minutes Code Compliance Board Boynton Beach, FL August 18, 2010 Attorney Tolces discussed the testimony and evidence the Board would consider. He commented the Board would need to determine if it would be sufficient if there was duck feed on the sidewalk, or a picture of the Respondent putting it there; if it would be enough to accept the testimony from a neighbor who saw her do it, or if the Code Officer had to actually see her. The Board needed to make those determinations. Attorney Tolces indicated normally it was the testimony of the Code Officers whether the violations exist. In this case it was a little different because the Officer has to testify that she personally witnessed the Respondent feeding the ducks. He advised the Board must decide on the proof and decide whether or not to enter the Order and then in the future if they would impose a fine. Vice Chair Yerzy noted a gentleman in the back had photographs. Mr. Foot felt the matter was a two-fold situation: the testimony of the Affiant seeing the Respondent put the food there and then the ducks eating it. Attorney Tolces advised typically the Board does not look at testimony and evidence provided by the neighbors. It relied on the testimony of the Code Officer because it was the City making the charge. In this instance, the Board must decide what they would consider and allow. Bob Shattuck 1616 SW 17th Terrace, testified his wife owned the house and the Respondent lives directly behind him. He has photographs taken in 2009 and on August 9, 2010 of this year. He distributed the photographs to the Board. The paper picture was taken in April 2009. The next picture was from film developed on August 10, 2010 where the Respondent was seen outside on August 9, 2010 with the ducks at the back door. Officer Roehrich had not observed any food used as feed on the grass or patio, but did testify the ducks were there. She testified to the statements made to her by the Respondent which were that she feeds the ducks. She has now stated she had not; however, the evidence and testimony show that the ducts were still causing a sanitary nuisance due to the food outside seen by the Affiants. She did not pay attention to the fruit trees and her professional opinion was fruit was not the usual food of ducks. It would take the ducks a long time to leave the area since they've been conditioned to eat there. The violation occurs when they are being fed. There was an option in the case because no one owned those ducks, and the food would lead to the ducks death. The ducks could be removed at a cost. Chair Costantino noted there was one photograph showing the Respondent outside with the ducks. The Respondent replied they would be there all the time because she has the mango and avocado trees. The photograph was taken about 11 years ago. Chair Costantino noted another photograph was taken yesterday reflecting her and the ducks. Ms. Delapaz explained the ducks would be there. They do not leave so easily. She testified the neighbor would go door to door about it. Motion 6 Meeting Minutes Code Compliance Board Boynton Beach, FL August 18, 2010 Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that a Cease and Desist Order be issued giving the Respondent, Lila Delapaz until August 18, 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 $200 per recurrence of the violation thereafter shall be imposed upon the Respondents. Mr. Foot seconded the motion that passed unanimously. Case # 10-2081 Citimortgage – 1619 NE 3rd Street Location: 1619 NE 3rd Street Violation(s) CO CH10 SEC. 10-51.5 Inc. Property vacant or subject to default must be maintained in accordance with property maintenance regulations as adopted by the City. Mow and trim overgrowth. Luney Guillaume , Code Officer, presented the case as contained in the staff report. The Initial Inspection Date was July 13, 2010. Fifteen days was given to comply. The green card was signed on August 4, 2010. A representative from the Bank was present. Amy Weaver , representing Citimortgage in the mortgage action, was present and pled no contest. She was unsure what registration the bank needed to register with to comply. She explained the bank did not have ownership of the property. Attorney Tolces explained under the City’s abandoned and foreclosed registration property ordinance, the bank, if it has commenced a foreclosure proceeding or has an interest in the property that is vacant or abandoned and they are required to register the property with the City. Mr. Foot noted the violation was for maintenance. Attorney Tolces added under the same ordinance, the mortgage holder was also required to maintain the property. Ms. Weaver requested 15 days to clean and mow the property. Officer Guillaume was unsure whether the property was registered or not. Accordingly, Attorney Tolces recommended hearing the maintenance side of the case. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Citimortgage – 1619 NE 3rd Streetis 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 2, 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 7 Meeting Minutes Code Compliance Board Boynton Beach, FL August 18, 2010 not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past September 2, 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. Mr. Foot felt one week was sufficient; however Ms. Weaver requested two weeks because of the number of properties. The motion passed 5-1 (Mr. Foot dissenting.) Case # 10-1739 W.J. & Kathleen Perry Location: 602 NW 5th Street Violation(s) CO CH15 SEC 15-120(D) INC CO CH20 SEC 20-6 Remove boat from right-of-way. Remove trash and outside storage. Officer Melillo presented the case which arose from a citizen complaint. The initial inspection occurred on June 3, 2010. The boat was removed from the right-of-way. The outstanding violation was to remove trash and outside storage. Staff recommended 10 days be given to comply. Walter James Perry , 602 NW 5th Street, pled no contest and requested 10 days. Photographs were distributed to the Board. Mr. Perry explained the truck was his roofing truck and he just had to move it. Mr. Brake reviewed the extent of the violations in the photograph and explained there were other items to be addressed other than the truck. He inquired if he needed more than 10 days. Mr. Perry responded he just needed to move the truck and could do so within 10 days. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that W.J. & Kathleen Perry 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, 28, 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 28, 2010 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case # 10-1919 Eduardo Cardena Location: 1952 SE 1st Circle Violation(s) CO CH10 SEC 10-56(A) 8 Meeting Minutes Code Compliance Board Boynton Beach, FL August 18, 2010 Unit cannot be occupied without water and electric. Officer Pierre presented the case as contained in the staff report. The Respondent was present. Eduardo Cardena, 122 SW Port Circle, Apt. F, Delray Beach, pled not guilty. Officer Pierre explained the Respondent has a tenant at the property and there was no water or electric at the property. At the same time Mr. Cardena started the process of eviction, but they had to bring the case before the Board because of safety reasons. It was confirmed the electric and water were off. There was no electric meter and the City turned off the water due to non-payment. The Respondent provided proof of eviction. Mr. Cardena explained he filed the eviction June 9, 2010. He spoke to his attorney earlier in the day and was advised the judgment was passed. He was now notifying the Sheriff. It was noted FPL pulls meters for non-payment. There was an inquiry if water and electric was included in the rent. Mr. Cardena provided the lease to the Board indicating the tenant was responsible to pay the utilities. There was brief discussion of who is responsible to pay the utilities. Mr. Blasie explained the matter of who pays the bills was irrelevant. The issue was the unit was occupied without water and electricity. A neighbor complained there were candles lit. The matter ultimately falls back to the landlord; however, the landlord has the right to pursue the tenant for any damages as a result of their failure to comply with the law. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Eduardo Cardena 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 25,2 010. 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 August 25, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that unanimously passed. 9 Meeting Minutes Code Compliance Board Boynton Beach, FL August 18, 2010 Case #09-1904 Chackman Motel Inc. 706 W. Boynton Beach Blvd. Officer Roy presented the case. The Notice of Violation was June 18, 2009 to replace missing landscape materials and remove trash and debris, maintain the dumpster in a sanitary condition, mow and trim overgrowth, weed, and replace mulch. The case was heard on March 17, 2010 and no one appeared. A compliance date of April 16, 2010 and fine of $250 was imposed. The violation still exists and the Respondent was present. Leonard Chackman ,17914 Lake Estate Road, Broken Sound, explained he was trying to comply. Many items were ongoing. It was difficult to control the tenants, especially the ones that deal with food. He acknowledged the violations were his responsibility, but these were violations that occurred at the shopping center. He believed, in essence, they complied. They have done the most of what they should do. Officer Roy indicated they were making progress. The Respondent re-mulched and planted trees and bushes but some of their plantings did not take. There was wall graffiti and the dumpster was still dirty. Officer Roy was aware the landlord had a problem with one of the tenants. He spoke to the property’s handyman and explained Mr. Chackman needed to blitz the work. If he continued to address the violations in the present manner the property would never comply. He also pointed out that if City Forester Kevin Hallihan approved the work, it was sufficient for the Board. On any particular day you could find something wrong. Mr. Chackman thought they did a pretty good job and it was not an eyesore. The property was important to him and he was trying to comply. The tenants were important and he would do whatever he could. Mr. Chackman met with Mr. Hallihan and had photos taken showing they basically complied. Officer Roy distributed photographs to the Board. Lawrence Wyland , was administered the oath. Mr. Wyland 1840 SW 66th Avenue, Boca Raton, performed the maintenance work for Mr. Chackman, testified to the work that was done and was ongoing. He advised over $23,000 was spent on the property to replace missing landscaping. They had problems with some of the plants that did not take. The matter was being addressed and they had a problem with vandalism. He explained Officer Roy was there at 10 a.m. and he arrived later in the day. He had photographs and advised the only things out of compliance were the dead plants. As to the dumpster, when he sees the mess, he cleans it. The problem was with a tenant. They do not break the boxes down or put them in the cardboard receptacle. Chair Costantino recommended all the work be done at the same time because it was going on too long. Mr. Wyland testified he was not aware there was a landscape plan. They had to remove vegetation that grew over the years and there were vandalism and sprinkler system issues. Additionally, he just saw graffiti on one of the back doors. 10 Meeting Minutes Code Compliance Board Boynton Beach, FL August 18, 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 March 17, 2010 and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $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. Vice Chair Yerzy seconded the motion that unanimously passed. Case # 09-2909 High Ridge Properties 640 E. Ocean Avenue John Herring , Code Compliance Officer, explained this case pertained to a Cease and Desist Order. The Notice of Violation date was September 9, 2009. He reviewed the violations as contained in the staff report. The case was heard on November 21, 2009 and no one appeared. The compliance date and fine was to Cease and Desist by November 26, 2009 or incur a fine of $250 per occurrence. The occurrence dates were June 16 and 27, 2010 resulting in two inspections. Officer Herring had photographs he distributed to the Board. Attorney Tolces administered the oath to the Respondent. Sid Fendor , 1178 Park Ridge Place North, Boynton Beach, was one of the owners of the property. Her tenants, Sushi Joe and Café Frankies were the tenants that were not in compliance with the Code. She testified she thought they were attending the meetings and addressing the violations. She was present to see if the Board could help her with the fine because the tenants were struggling. She was working diligently to get more tenants. She was aware the tenants were told not to put the signs up and they did anyway. She inquired if they could reduce the fines and she would ensure the tenants not erect any signs unless she conferred with the City first. Officer Herring testified he went around and around with Cafe Frankies about the violations, and he was beyond the point of advising them of the deadline. He was past giving verbal warnings and issuing various notices to correct and citations. He exhausted all avenues and had to go this route. Mr. Foot noted there were banners at the site since June 27. Officer Herring indicated when he notified them of the Cease and Desist Order, he received a call from Mark Fendor questioning why the tenants were not advised to remove the banners. Officer Herring informed Mr. Fender it was his responsibility, and that the tenants were advised a number of times about the signs. Mr. Karageorge commented there was a banner permit for Special Events available, which was a 90-day permit. The Chamber of Commerce and the City worked on this diligently. Officer Herring informed the members he made Café Frankies aware of who to contact to obtain a permit for the banners. He tried to be helpful but Café Fankies did 11 Meeting Minutes Code Compliance Board Boynton Beach, FL August 18, 2010 what they wanted. He acknowledged this was an extreme route which now involved the owners. Officer Herring had photographs he distributed to the Board. There was also another lien recorded on the property from a Cease and Desist Order. Ms. Fender was unaware there was a lien recorded on the property. Her brother may have been aware of it. Officer Herring explained the time stamp for some of the photographs in the stapled packet of photographs was broken due to a camera malfunction. The complaint started with circulating banners on City trees, other signs in the right-of-way, and signs obstructing pedestrian traffic on the sidewalk. The Respondent handled some of the management issues. The Palm trees were trimmed, she had estimates to re-blacktop the parking lot and she hoped to revitalize the property to attract new tenants. She would be happy to bring Sushi Joes and Café Frankies to the City to see about permitting. She apologized, and was unaware there was another alternative. Her brother Mark was handling the matter in the past and he may be aware of what is going on, but her brother was out of the country all summer long and he did not pass on the seriousness of the Code violations to her. It was noted sandwich boards were allowed on his property as long as they were off the right-of-way. There was brief discussion that Human signs were difficult to police but were allowed as long as they did not impede vehicular or pedestrian traffic. One photo taken on a Sunday morning reflected a sign was in a driveway and the sidewalk and the Café was not open until 4:30 p.m. 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 November 21, 2009, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $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. Vice Chair Yerzy seconded the motion. It was noted the motion was a certification. The fine to be certified was two Cease and Desist violations at $250 per occurrence plus administrative costs. The total to be certified was $942.06 which included the administrative costs. Mr. Karageorge amended his motion to include that amount. Vice Chair Yerzy agreed to the amendment. The motion unanimously passed. It was explained to the Respondent that each time another violation occurred, she would receive a notice requesting she appear before the Board. The Board would consider imposing a fine and they would be recorded as a lien on the property. 12 Meeting Minutes Code Compliance Board Boynton Beach, FL August 18, 2010 Chair Costantino requested the Board, when considering these types of items, table them to the next Lien Reduction meeting and not the regular meeting. Case #09-3469 U.S. Bank National Assoc. 111 NW 17th Avenue (Tabled on July 21, 2010) Mr. Blasie explained last month when the case was heard, the applicant and the Code Compliance Board came to terms on an agreed settlement of administrative costs. Legal staff had concerns regarding the procedures. Staff has confirmed the procedures were in place correctly and he recommended moving forward with just the administrative costs. The applicant was present. Mr. Foot questioned why the case was tabled. Mr. Blasie explained the case had to do with property registration. The property was in foreclosure and a sale was pending. Figures were provided about the loss the bank was taking on the sale. The applicant felt administrative costs were fair and reasonable and the Board agreed with that conclusion. Attorney Bridgeman was not comfortable with the procedure and wanted to review it further. The case was tabled, legal reviewed the procedures and it was determined they were followed and correct. There were questions about why the Board would assess only administrative costs. Gregory Taylor , Attorney representing U.S. Bank National, 5310 NW 33rd Avenue, Suite 101, Ft. Lauderdale, was present. He testified the judgment was for $291,000. Mr. Blasie explained the contract and closing was to occur on Friday. The applicant had testified they were willing to pay the administrative fee. He explained Christina Neville had appeared on behalf of Attorney Taylor. The lien was filed after the Lis Pendens and before they received the Certificate of Title. Motion Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent have complied with all lien reduction procedures set forth in Section 2-84 through 2-89, 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 December 16, 2009 to an amount of $634.12 including administrative costs. Ms. Carroll seconded the motion that unanimously passed. A. Cases to be Heard – Tabled Case # 10-1439 Yachtsman Properties LLC – Klifs Urban Wear Location: 1550 N. Federal Hwy 14 Violation(s) CO CH9 SEC 9-22(C) Annual Fire Inspection fees. 13 Meeting Minutes Code Compliance Board Boynton Beach, FL August 18, 2010 Officer Roy presented the case as contained in the staff report. Staff recommended 10 days be given to correct the violations. Two motions were needed and it was noted the Respondent was a repeat violator. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved to find that Yachtsman Properties LLC is are in violation of City of Boynton Beach Code section as cited, and moved to order that the Respondent correct the violation on or before August 28, 2010. Based on the evidence presented in this case, the Board finds a repeat violation of the Code section as cited. Having also considered the gravity of the violations, the actions take by the Respondent, the board hereby orders that should the Respondent fail to comply with this order, a fine in the amount of $150 per day, shall be imposed for each day the violation continues past August 28, 2010 plus administrative costs. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this order. Mr. Foot seconded the motion that passed unanimously. It was explained Yachtsman Properties LLC would be the only repeat violator. Mr. Karageorge used Motion 12 for Klifs Urban Wear below. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Klifs Urban Wear 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 28, 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 28, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. B. Cases to be Heard – New Case # 10-1889 Onel & Pierre M. Momperouse Location: 2761 NE 5th Ct. Violation(s) CO CH15 SEC 15-120(D) INC Remove outside storage items from rear yard. (Vehicles, car parts, junk, etc.) 14 Meeting Minutes Code Compliance Board Boynton Beach, FL August 18, 2010 Officer Pierre presented the case as contained in the Notice of Violation. The City recommended 15 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Onel & Pierre M. Momperouse 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 September 2, 2010. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past September 2, 2010 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Vice Chair Yerzy seconded the motion that unanimously passed. Case # 10-1891 William M & Sharon A. Ganoe Location: 2870 NE 4th Street Violation(s) CO CH10 SEC 10-56(A) Secure property. Remove vehicle, auto parts, and trash from property. Officer Pierre presented the case as contained in the Notice of Violation. The City recommended 10 days be given to correct the violation. It was noted the home was still unsecured and there were vagrants inhabiting the dwelling. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that William M & Sharon A. 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 August 28, 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 $250 per day for each day the violation continues past August 28, 2010 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion for discussion. He suggested $1,000 per day would be appropriate as the Respondents were repeat violators. Mr. Brake amended his motion to $1,000. Mr. Foot seconded the motion that unanimously passed. 15 Meeting Minutes Code Compliance Board Boynton Beach, FL August 18, 2010 Case # 10-1953 Nationwide Investment Firm Location: 3260 E. Palm Dr. Violation(s) CO CH15 SEC 15-120(E) INC, CO CH13 SEC 13-16, CO CH10 SEC 10-59(E) Windows must be in working order. Business Tax Receipt required to rent residence. Electrical equipment must be in good working order. Officer Pierre presented the case as contained in the Notice of Violation. The City recommended 15 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Nationwide Investment Firm 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 September 2, 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 $75 per day for each day the violations continue past September 2, 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. The motion died for lack of a second. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Nationwide Investment Firm 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 September 2, 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 September 2, 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 # 10-1855 Homecomings Financial Services, LLC Location: 1570 NW 2nd Lane Violation(s) CO CH15 SEC 5-120(D) INC Mow overgrown yard and vegetation. 16 Meeting Minutes Code Compliance Board Boynton Beach, FL August 18, 2010 Officer Guillaume presented the case as contained in the Notice of Violation. The City recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Nationwide Investment Firm 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 28, 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 $75 per day for each day the violations continue past August 28, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion. The Respondents were repeat violators. Mr. Brake amended his motion to reflect a fine of $150 per day. Vice Chair Yerzy seconded the motion that unanimously passed. Case # 10-1905 Deutsche Bank National Trust (3 Via Lago) Location: 3 Via Lago Violation(s) CO CH10 SEC 10-51.5 INC Property vacant or subject to default must be registered with the City. Property must be maintained in accordance with the City’s property maintenance provisions. Officer Guillaume presented the case as contained in the Notice of Violation. There was a question whether the Respondent was a repeat violator. Subsequently, it was suggested the case be tabled to September 15, 2010 Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on September 15, 2010. Mr. Brake seconded the motion that unanimously passed. Case # 10-2006 US Bank National Assoc. (407 NW 15th Ave.) Location: 407 NW 15th Avenue Violation(s) CO CH10 SEC 10-51.5 INC. Property vacant or subject to default must be registered with the City. Property must be 17 Meeting Minutes Code Compliance Board Boynton Beach, FL August 18, 2010 maintained in accordance with the City’s property maintenance provisions. Officer Guillaume presented the case as contained in the Notice of Violation. The City recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Nationwide Investment Firm 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 28, 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 28, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that unanimously passed. ` Case # 10-2006 Joel & Anne Buteau Location: 146 SE 5th Avenue Violation(s) FBC ’04 ED 104.1.1 Renew or obtain Building permit for addition. Red Tagged Officer Herring presented the case as contained in the Notice of Violation. He was aware the Respondents had issues with the contractor and needed a final inspection. They passed the plumbing and electrical inspection and they agreed to comply by November 17, 2010. He confirmed he had inspected the permits. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Joel & Anne Buteauare in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondents correct the violation on or before November 17, 2010. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past November 17, 2010 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Brake seconded the motion that unanimously passed. 18 Meeting Minutes Code Compliance Board Boynton Beach, FL August 18, 2010 Case # 10-2010 PNC Bank National Assoc. 101 S. Federal Hwy. Location: 101 S. Federal Hwy Violation(s) CO CH10 SEC 10-51.5 INC Property vacant or subject to default must be registered with the City. Property must be maintained in accordance with the City’s property maintenance provisions. Mow yard. Trim overgrowth. Remove fences/screening. Repair or remove fence. Repair damaged sidewalk. Remove trash and debris. Officer Herring presented the case as contained in the Notice of Violation. The City recommended 10 days be given to correct the violation. The violation was a health and hurricane hazard. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that PNC Bank National Assoc. 101 S. Federal Hwy.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 28, 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 August 28, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case # 10-2057 Citimortgage Inc. (115 SE 14th Avenue) Location: 115 SE 14th Avenue Violation(s) CO CH10 SEC 10-51.5 INC Property vacant or subject to default must be registered with the City. Property must be maintained in accordance with the City’s property maintenance provisions. Mow yard. Trim overgrowth. Officer Herring presented the case as contained in the Notice of Violation. The City recommended 10 days be given to correct the violation. Motion 19 Meeting Minutes Code Compliance Board Boynton Beach, FL August 18, 2010 Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Citimortgage Inc. (115 SE 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 August 28, 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 28, 2010 plus administrative costs shall be imposed. The Respondent is are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Vice Chair Yerzy seconded the motion that unanimously passed. Case # 10-2057 US Bank National Assoc. (145 SE 9th Ave.) Location: 145 SE 9th Avenue Violation(s) CO CH10 SEC 10-51.5 INC Property vacant or subject to default must be registered with the City. Property must be maintained in accordance with the City’s property maintenance provisions. Mow yard. Trim overgrowth. Officer Herring presented the case as contained in the Notice of Violation. The City recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that US Bank National Assoc. (145 SE 9th 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 August 28, 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 28, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case # 10-2058 Wachovia Mortgage Corp (118 SE 8th Ave.) Location: 118 SE 8th Avenue Violation(s) CO CH10 SEC 10-51.5 INC Property vacant or subject to default must be registered with the City. Property must be maintained in accordance with the City’s 20 Meeting Minutes Code Compliance Board Boynton Beach, FL August 18, 2010 property maintenance provisions. Mow yard. Trim overgrowth. Install four-inch house numbers on dwelling. Officer Herring presented the case as contained in the Notice of Violation. The City recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Wachovia Mortgage Corp (118 SE 8th 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 August 28, 2010. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $125 per day for each day the violation continues past August 28, 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 # 10-1629 Aspen 1020 West Industrial LLC Location: 1040 W. Industrial Ave. Violation(s) LDR CH21 I SEC 5, LDR CH4 SEC 11, CO CH10 SEC 10-56(B) Mow and trim overgrown wale and property. Restore site to most recently approved plan with the City. Remove all non-permitted signs from the swale area. Skip Lewis , Senior Code Compliance Officer, presented the case as contained in the Notice of Violation. The City recommended 60 days be given to correct the violation. Only the site maintenance violence remained outstanding. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Aspen 1020 West Industrial LLCis in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before October 17, 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 October 17, 2010 plus administrative costs shall be imposed. The Respondent is further ordered 21 Meeting Minutes Code Compliance Board Boynton Beach, FL August 18, 2010 to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Vice Chair Yerzy seconded the motion that unanimously passed. Case # 10-1806 Frederick Rosene Location: 907 SW 37th Court Violation(s) CO CH15 SEC 15-120(D) INC, CO CH10 SEC 10-56 Remove inoperable vehicle from property. Skip Lewis , Senior Code Compliance Officer, presented the case as contained in the Notice of Violation. The City recommended 15 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Frederick Rosene 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 September 2, 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 September 2, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case # 10-1811 Aurora Loan Services LLC (937 SW 34th Ct.) Location: 937 SW 34th Court Violation(s) CO CH10 SEC 10-51.5 INC Property vacant or subject to default must be registered with the City. Property must be maintained in accordance with the City’s property maintenance provisions. Mow and trim yard, swale and hedges. Officer Lewis presented the case as contained in the Notice of Violation. The City recommended 15 days be given to correct the violation. Motion 22 Meeting Minutes Code Compliance Board Boynton Beach, FL August 18, 2010 Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Aurora Loan Services LLC (937 SW 34th 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 September 2, 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 September 2, 2010 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case # 10-1880 Bank of America (1228 SW 22nd Avenue) Location: 1228 SW 22nd Avenue Violation(s) CO CH10 SEC 10-51.5 INC Property vacant or subject to default must be registered with the City. Property must be maintained in accordance with the City’s property maintenance provisions. Mow and trim yard, hedges and shrubs around home. Officer Lewis presented the case as contained in the Notice of Violation. The City recommended 15 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Bank of America (1228 SW 22nd 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 September 2, 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 do not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past September 2, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion. There was discussion the violation pertained only to the maintenance. Mr. Brake amended his motion to $75 per day. Mr. Foot seconded the motion that unanimously passed. Case # 10-1804 US Bank National Assoc. (550 NW 11th Ave.) Location: 550 NW 11th Avenue 23 Meeting Minutes Code Compliance Board Boynton Beach, FL August 18, 2010 Violation(s) CO CH10 SEC 10-51.5 INC Property vacant or subject to default must be registered with the City. Property must be maintained in accordance with the City’s property maintenance provisions. Mow grass and weeds. Officer Melillo presented the case as contained in the Notice of Violation. The City recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that US Bank National Association - 550 NW 11th Avenue is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondents correct the violation on or before August 28, 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 August 28, 2010 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case # 10-1822 Evaughan Lane Location: NW 11th Avenue Violation(s) CO CH15 SEC 15-120(D) INC Mow Grass and weeds on vacant lot. Remove trash including shopping carts. Officer Melillo presented the case as contained in the Notice of Violation. The City recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Evaughan Lane 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 28, 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 28, 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 24 Meeting Minutes Code Compliance Board Boynton Beach, FL August 18, 2010 the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case # 10-1827 United Capital Group LLC Location: 641 NW 5th Street Violation(s) CO CH15 SEC 15-120(D) INC Mow grass and weeds. Officer Melillo presented the case as contained in the Notice of Violation. The City recommended 10 days be given to correct the violation. The dwelling was vacant but secured. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that United Capital Group LLC is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before August 28, 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 28, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. It was noted the Respondent was a repeat offender. Mr. Foot amended his motion to $150 per day. Mr. Karageorge seconded the motion that unanimously passed. Case # 10-1839 J. & Willie Murray Location: 545 NW 11th Avenue Violation(s) CO CH15 SEC 15-120(D) INC, CO CH10 SEC 10-56(D) Mow grass and weeds. Remove trash. Secure building. Officer Melillo presented the case as contained in the Notice of Violation. The City recommended 10 days be given to correct the violation. The dwelling was vacant and unsecured and being used. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that J. & Willie Murray 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 28, 2010. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the 25 Meeting Minutes Code Compliance Board Boynton Beach, FL August 18, 2010 Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $500 per day for each day the violations continue past August 28, 2010 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case # 10-2003 J. & Deloris Bell Est. Location: 534 NW 5th Street Violation(s) CO CH15 SEC 15-120(D) INC Mow grass and weeds. Remove trash. Officer Melillo presented the case as contained in the Notice of Violation. The City recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that J. & Deloris Bell Est.is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondents correct the violation on or before August 28, 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 28, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case # 10-1145 Benellie Padilla & Randy Hache Location: 153 SE 30th Ave Violation(s) BBA FBC ’04 105.1.1 Windows permit has expired due to time limitations. Secure permit. Red tagged. Officer Pierre presented the case as contained in the Notice of Violation. The City recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Benellie Padilla & Randy Hache Foot moved that this Board find that 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 August 28, 2010. The Board has considered the gravity of the violation, the actions taken by the Respondents and any 26 Meeting Minutes Code Compliance Board Boynton Beach, FL August 18, 2010 previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past August 28, 2010 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case # 10-1861 Mogloire Olman Location: 2873 SE 1st Place Violation(s) CO CH10 SEC 10-56(A) Repair or replace window. Officer Pierre presented the case as contained in the Notice of Violation. The City recommended 10 days be given to correct the violation. The window was broken out, leaving the structure unsecured. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Mogloire Olman 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 28, 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 August 28, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed Case # 10-1863 Maxime Genest Location: 2820 SE2nd St. Violation(s) CO CH15 SEC 10-120(D) INC Sod or water yard to keep green appearance. Officer Pierre presented the case as contained in the Notice of Violation. The City recommended 30 days be given to correct the violation. There was discussion whether the Board was enforcing matters pertaining to sod and water restrictions. Officer Pierre explained the property was a rental but it was an eyesore. It was explained it was a discretionary decision. The property was treated as a commercial property. The water restrictions also allowed for watering three times per week. Motion 27 Meeting Minutes Code Compliance Board Boynton Beach, FL August 18, 2010 Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Maxime Genest 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 September 17, 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 $25 per day for each day the violation continues past September 17, 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. The motion failed. (Chair Costantino, Ms. Carroll and Mr. Brake dissenting.) Chair Costantino requested another motion. Motion Mr. Brake moved to dismiss the violation at 2820 for Maxime Genest. Mr. Foot seconded the motion for discussion. There was discussion the City was not in violation of law by prosecuting the matter. Staff had previously advised by Mr. Blasie to exercise leniency. Mr. Blasie explained he may have advised the Board to this, but the restrictions were relaxed the last four to six months. Residents were allowed to water newly planted landscape materials for 30 days and residents were allowed to legitimately water three times per week thereafter. Staff tries not to nitpick, but if there was a substantial area that was dirt, staff could site. The property was a commercial property. An earlier case was cited as a commercial property and residential was no different. Officer Pierre distributed photographs for the Board. Mr. Blasie and the staff have discretion. A long standing policy was if it was a commercial property, which residential rentals are considered as, an income is received and the property should be maintained in accordance with the Code. Even if an owner/occupied residents has a dirt lawn owners will be cited. At this time, in most cases given the economy and staff’s case load, it would be sufficient if the owner mowed the lawn and it was green. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Maxime Genest 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 September 17, 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 $25 per day for each day the violation continues past September 28 Meeting Minutes Code Compliance Board Boynton Beach, FL August 18, 2010 17, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case # 10-1642 Countrywide Home Loans (623 SW 3rd Ave.) Location: 623 SW 3rd Ave. Violation(s): CO CH10 SEC 10-51.5 INC Property vacant or subject to default must be registered with the City. Property must be maintained in accordance with the City’s property maintenance provisions. Mow and trim overgrowth. Remove trash and debris. Secure property. Officer Roy presented the case as contained in the Notice of Violation. The City recommended 15 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Countrywide Home Loans (623 SW 3rd 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 September 2, 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 September 2, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case # 10-1743 GMAC Mortgage LLC (121 W. Ocean Ave.) Location: 121 W. Ocean Ave. Violation(s): CO CH10 SEC 10-51.5 INC Property vacant or subject to default must be registered with the City. Property must be maintained in accordance with the City’s property maintenance provisions. Officer Roy presented the case as contained in the Notice of Violation. The City recommended 15 days be given to correct the violation. Motion 29 Meeting Minutes Code Compliance Board Boynton Beach, FL August 18, 2010 Based on the testimony and evidence presented in the aforementioned case, Mr. Karageoge moved that this Board find that GMAC Mortgage LLC (121 W. Ocean 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 September 2, 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 September 2, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case # 10-1819 Federal National Mortgage Association – (141 SW 13th Avenue) Location: 141 SW 13th Avenue Violation(s): CO CH10 SEC 10-51.5 INC Property vacant or subject to default must be registered with the City. Property must be maintained in accordance with the City’s property maintenance provisions. Maintain pool in sanitary condition. Secure building (broken windows.) Officer Roy presented the case as contained in the Notice of Violation. The City recommended 15 days be given to correct the violation. There was discussion that an unsanitary pool was becoming more of a public health issue because of mosqitos and Dengue Fever. Children were also a concern. (this was not a mistake regarding the compliance date) Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageoge moved that this Board find that Federal National Mortgage Association – 141 SW 13th 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 August 28, 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 August 28, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case # 10-1830 SunTrust Mortgage Inc (629 SW 2nd Avenue) 30 Meeting Minutes Code Compliance Board Boynton Beach, FL August 18, 2010 629 SW 2nd Avenue Location: Violation(s): CO CH10 SEC 10-51.5 INC Property vacant or subject to default must be registered with the City. Property must be maintained in accordance with the City’s property maintenance provisions. Maintain pool in sanitary condition. Mow, weed, and trim overgrowth. Remove trash and debris. Officer Roy presented the case as contained in the Notice of Violation. The City recommended 15 days be given to correct the violation. (this was also not a mistake. He made the motion for less than 15 days) Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageoge moved that this Board find that SunTrust Mortgage Inc (629 SW 2nd 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 August 28, 2010. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $200 per day for each day the violation continues past August 28, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Brake seconded the motion that unanimously passed. Case # 10-1897 James C. Celia Location: 121 W. Ocean Avenue Violation(s): BBA FBC 07 ED 105.1 Secure permits for work done on property. Red Tagged. Officer Roy presented the case as contained in the Notice of Violation. The City recommended 10 days be given to correct the violation Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageoge moved that this Board find that James C. Celiais 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 28, 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 28, 31 Meeting Minutes Code Compliance Board Boynton Beach, FL August 18, 2010 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that unanimously passed. Chair Costantino did not feel well and passed the gavel to Vice Chair Yerzy. She left the meeting at 8:35 p.m. The Board took a short recess at 8:36 p.m. The meeting reconvened at 8:43 p.m. Case # 10-1977 Christopher McClure Location: 441 SW 3rd Avenue Violation(s): CO CH15 SEC 15-120(D) INC, LDR CH2 SEC 5(D)(1) Remove outside storage from property including unregistered/inoperable vehicles. Officer Roy presented the case as contained in the Notice of Violation. The City 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 McClure 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 28, 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 28, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded. Mr. Brake amended his motion to reflect a fine of $200 per day due to the Respondent being a repeat violator. Ms. Carroll agreed to the amendment. The motion unanimously passed. Case # 10-1814 Job Sylvain Location: 620 NE 7th Avenue Violation(s): CO CH15 SEC 15-120(D) INC, CO CH10 SEC 10-56(B) (D) Remove unregistered/inoperable vehicles. Remove blue tarp and repair roof. Permit is 32 Meeting Minutes Code Compliance Board Boynton Beach, FL August 18, 2010 required. Remove unsightly rust spots from walls. Officer Webb presented the case as contained in the Notice of Violation. The City recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Job Sylvain 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 28, 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 August 28, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Brake seconded the motion that unanimously passed. Case # 10-1817 Wachovia Bank (620 NE 7th Avenue) Location: 620 NE 7th Avenue Violation(s): CO CH10 SEC 10-51.5 INC Property vacant or subject to default must be registered with the City. Property must be maintained in accordance with the City’s property maintenance provisions. Officer Webb presented the case as contained in the Notice of Violation. The City 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 Wachovia Bank (620 NE 7th 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 August 28, 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 $75 per day for each day the violations continue past August 28, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. 33 Meeting Minutes Code Compliance Board Boynton Beach, FL August 18, 2010 Case # 10-1826 Marie Balsamello & T. Paterno Location: 625 Casa Loma Boulevard 307 Violation(s): CO CH13 SEC 13-16 Renting residence requires a Business Tax Receipt. . Officer Webb presented the case as contained in the Notice of Violation. The City 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 Marie Balsamello & T. Paternois 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 28, 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 28, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case # 10-1834 Sauternes V. LLC Location: 706 NE 7th Avenue Violation(s): CO CH15 SEC 15-120 (D) INC Vacant lot must be mowed, trimmed, and free of loose trash and debris. Officer Webb presented the case as contained in the Notice of Violation. The City 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 Sauternes V. LLCis 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 28, 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 28, 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- 34 Meeting Minutes Code Compliance Board Boynton Beach, FL August 18, 2010 inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case # 10-1981 Secretary Housing & Urban Dev. Location: 259 NE 6th Avenue Violation(s): CO CH10 SEC 10-56(B) Property must be mowed, trimmed, and free of loose trash and debris. Officer Webb presented the case as contained in the Notice of Violation. The City 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 Secretary Housing & Urban Devis 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 28, 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 28, 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 amended his motion to reflect a fine of $75 per day. Mr. Karageorge seconded the motion that unanimously passed. V. Old Business A. Lien Penalty Certifications – Tabled Officer Melillo recommended the following case be certified at $75 per day: Case #10-734 Anne R. White Est. 430 SW 9th Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated 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 $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. Ms. Carroll seconded the motion that unanimously passed. 35 Meeting Minutes Code Compliance Board Boynton Beach, FL August 18, 2010 Officer Melillo recommended the following case be certified as “No Fine”: Case #10-1104 JHA Holdings I LLC 204 SW 1st Avenue Motion Based on testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that the Respondent, JHA Holdings I LLC was in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Order of May 19, 2010, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify “No Fine.” Ms. Carroll seconded the motion that unanimously passed. B. Lien Penalty Certifications – New Officer Melillo recommended the following case be certified at $50 per day: Case #10-1166 Frederick Moreau & Marie Pompe 512 NW 9th Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated June 16, 2010 and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $50 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Karageorge seconded the motion that unanimously passed. Officer Melillo recommended the following cases be certified at $250 per day: Case #10-1255 Jean Pierre Messeroux 2970 SE 2nd Street Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated June 16, 2010 and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $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. Ms. Carroll seconded the motion that unanimously passed. 36 Meeting Minutes Code Compliance Board Boynton Beach, FL August 18, 2010 Case #10-1470 William Ganoe 320 E 13th Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that the Respondenthas not complied with this Board's Order dated July 21, 2010 and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $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. Ms. Carroll seconded the motion that unanimously passed. Officer Melillo recommended the following cases be certified as “No Fine”: Case #10-693 Vittorio & Brigida Nuciforo 2515 NE 2nd Ct. 102 Motion Based on testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that the Respondent, Vittorio & Brigida Nuciforo 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 Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify “No Fine.” Ms. Carroll seconded the motion that unanimously passed. Case #10-1290 Kay F. Patrick 430 BW 10th Avenue Motion Based on testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that the Respondent, Kay F. Patrick 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 Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify “No Fine.” Ms. Carroll seconded the motion that unanimously passed. Case #10-483 Aurora Loan Services LLC 436 SW 5th Avenue Motion Based on testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that the Respondent, Aurora Loan Services LLC was in violation of the City of Boynton Beach Code section as cited subsequent to the date of 37 Meeting Minutes Code Compliance Board Boynton Beach, FL August 18, 2010 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 Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify “No Fine.” Ms. Carroll seconded the motion that unanimously passed. Officer Melillo requested the following cases be tabled to September 15, 2010: Case #08-3379 Forum Shoppes of Boynton LLC 140 N. Congress Ave. (Tabled on July 21, 2010) Motion Mr. Karageorge moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on September 15, 2010. Mr. Foot seconded the motion that unanimously passed. Case #10-835 Kelsey Manor LLC 3471 High Ridge Road Motion Mr. Karageorge moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on September 15, 2010. Mr. Foot seconded the motion that unanimously passed. Case #10-392 Giovanni & Emily H. Caliendo 916 SE 1st Street Motion Mr. Karageorge moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on September 15, 2010. Mr. Foot seconded the motion that unanimously passed. C. Lien Reduction (Tabled) This item was heard earlier during the meeting. D. Reconsideration of Case Case #10-1213 3445 High Ridge Road, LLC 3445 High Ridge Road Officer Lewis advised this case should not have been certified last month. It has complied and the City recommended “No Fine.” Motion 38 Meeting Minutes Code Compliance Board Boynton Beach, FL August 18, 2010 Ms. Carroll moved to reconsider Case# 10-1213. Mr. Karageorge seconded the motion that unanimously passed. Motion Based on testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that the Respondent, 3445 High Ridge Road, LLC was in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Order of May 19, 2010, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify "No Fine." Ms. Carroll seconded the motion that unanimously passed. VI. Adjournment Motion Mr. Brake moved to adjourn. Ms. Carroll seconded the motion. The motion passed. The meeting adjourned at 8:52 p.m. 1. ~ . lilJivu/lU . 0k~ Catherine Cherry a Recording Secretary 082310 39