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Minutes 12-15-10 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, DECEMBER, 15, 2010, AT 6:30 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Scott Blasie, Code Compliance Richard Yerzy, Vice Chair Administrator James Brake Shana Bridgeman, Assistant City Attorney Mark Karageorge Kathleen Carroll, Alternate ABSENT: Robert Foot, 2nd Vice Chair Kirk LaRock Barry Ravel, Alternate I. Call to Order Chair Costantino called the meeting to order at 6:32 p.m. II. Approval of Minutes of October 18, 2010 Lien Reduction minutes and October 20, 2010 Meeting Minutes. Motion Mr. Karageorge moved to approve the October 18, 2010 minutes as amended. Ms. Carroll seconded the motion that unanimously passed. Motion Mr. Karageorge moved to approve the October 20, 2010 minutes as amended. Ms. Carroll seconded the motion that unanimously passed. III. Approval of Agenda Pete Roy, Chief Code and Rehabilitation Officer announced the following: Case # 07-3227 was requested to be tabled to February 16, 2011. 1 Meeting Minutes Code Compliance Board Boynton Beach, FL December 15, 2010 Motion Ms. Carroll moved to table the case to February 16, 2011. Mr. Brake seconded the motion that unanimously passed. Case #08-2511 was requested to be tabled to February 16, 2011. Motion Ms. Carroll moved to table the aforementioned case to February 16, 2011. Vice Chair Yerzy seconded the motion that unanimously passed. Case #09-3194 was requested to be tabled to June 15, 2011. Motion Ms Carroll moved to table the aforementioned case to February 16, 2011. Vice Chair Yerzy seconded the motion that unanimously passed. Case #03-692 was requested to be tabled to June 15, 2011. Motion Ms Carroll moved to table the aforementioned case to June 15, 2011. Vice Chair Yerzy seconded the motion that unanimously passed. Officer Roy reported Case Nos 10-3073, 10-3092, 10-3113, 10-3210, 10-3084, 10-3000 complied. Motion Mr. Karageorge moved to approve the agenda. Ms. Carroll seconded the motion that unanimously passed. IV. Swearing in of witnesses and introduction Attorney Bridgeman explained the hearing procedures. The Recording Secretary administered the oath to all who would be testifying. Chair Costantino introduced Don Scantlan, Chair of the Financial Advisory Committee. Mr. Scantlan explained he was in attendance for three reasons: first, as an interested citizen; second, as Chair of the Financial Advisory Committee; and lastly, as a candidate for City Commission, District 4. 2 Meeting Minutes Code Compliance Board Boynton Beach, FL December 15, 2010 Chair Costantino requested the members review the 2011 listing of Board meetings and calendar them. Officer Roy called the roll and determined who was present. IV. New Business Case #10-564 Salvatore DeCanio Property Address: 211 E. Boynton Beach Boulevard Violation(s): CO CH10 SEC. 10-56(B), (D) Repair or Replace Canopy material on the overhang extension in front of building. Replace dead grass around building. Willie Webb , Senior Code Compliance Officer, presented the case as contained in the staff report. The property was a commercial property. The initial inspection occurred on February 19, 2010. Staff recommended the case be tabled for 60 days. Motion Mr. Karageorge moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on February 16, 2011. Ms. Carroll seconded the motion that unanimously passed. Case #10-3069 Jonas Romelus Property Address: 1619 NE 2nd Street Violation(s): CO CH13 SEC. 13-16 Obtain a Business Tax Receipt to rent residence. Courtney Cain , Code Compliance Officer, presented the case as contained in the staff report. The case arose from a routine inspection. The initial inspection date was October 13, 2010 and the property was cited to mow and trim the property. The occupational part of the violation remained outstanding. The initial notice was a written notice giving 14 days to correct the violation. The property was posted on November 17, 2010. The Respondent was present. Jonas Romelus , 43 Gull Way, Boynton Beach, pled no contest. He testified the tenant was supposed to clean the home and yard. It was explained Mr. Romelus did not have the proper license to rent the home. Mr. Romelus requested 30 days. The members discussed 15 days would be more appropriate since Mr. Romelus was collecting rent and should have paid taxes. 3 Meeting Minutes Code Compliance Board Boynton Beach, FL December 15, 2010 Motion Based on the testimony and evidence presented in the aforementioned case, Mr., Karageorge moved that this Board find that Jonas Romelus 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 December 30, 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 December 30, 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 #10-3094 HSBC Bank USA National Association (460 Ocean Parkway) Property Address: 460 Ocean Parkway Violation(s): CO CH10-51.5 INC. Property that is vacant or subject to default must be maintained and registered with the City per City Code. Remove boat in front yard. Luney Guillaume , Code Compliance Officer, presented the case as contained in the staff report. The case arose from a routine inspection. Brian Adelstein , Robertson, Anschutz and Schneid, 3010 N. Military Trail, Suite 300, Boca Raton testified the Bank did not have standing because they do not own the property and the boat on the property did not belong to the bank. They requested 60 days. He commented there was a lien on the property. Mr. Adelstein advised they would correct the violation. Mr. Adelstein explained they received the file from the Law Firm of David Stern. Chair Costantino noted people were storing relatives’ vehicles on the property. Officer Guillaume had photographs he distributed to the Respondent and the Board. The property was not yet registered. Discussion followed the boat could be treated as a junk boat that was abandoned. Mr. Adelstein commented he did not know how long it would take to get a contractor to remove it. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that HSBC Bank USA National Association is in violation of the City of Boynton Beach Code section cited and moved to Order that the 4 Meeting Minutes Code Compliance Board Boynton Beach, FL December 15, 2010 Respondent correct the violation on or before January 14, 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 $300 per day for each day the violation continues past January 14, 2011 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. Discussion followed a tow company could remove the boat quickly. The company would treat it the same way as an abandoned vehicle. It was thought someone stored the boat on the property to avoid being cited for having it on his or her property. The boat could be removed within 15 days. Vice Chair Yerzy amended his motion to reflect a compliance date of December 30, 2010. Ms. Carroll agreed to the amendment. The motion unanimously passed. Case #10-3117 US Bank National Assoc. (436 SW 7th Ct) Property Address: 436 SW 7th Court Violation(s): CO CH10 SEC 10-51.5 INC. Mow, weed and trim overgrowth. Clean and cover pool. Secure gates to pool area. Officer Roy presented the case as contained in the notice. The mortgage holder cited was U.S. Bank National Association, care of the Law Offices of Marshall Watson. The property was cited for maintenance. The notice was issued on October 20, 2010 and 10 days was given to comply. Certified mail was sent November 8, 2010 and was returned signed on November 12, 2010. James Karrat, Esq ., Marshall C. Watson, 1800 NW 49th Street, Ft. Lauderdale, pled no contest and requested 15 days. The pool was secured. Officer Roy had photographs he presented to the Board. The wooden gates were in disrepair. Officer Roy suggested that 15 days to correct the violations was reasonable. The pool had a mesh covering. A new gate and latch could be obtained within a day. Attorney Karrat was confident he could impress upon the bank the need to secure the backyard quickly. Two motions were made. The following motion was to secure the gates to the pool area and cleaning the cover of the pool properly. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that US Bank National Assoc. is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before December 20, 2010. The Board has considered the 5 Meeting Minutes Code Compliance Board Boynton Beach, FL December 15, 2010 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 December 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 for discussion. Mr. Brake preferred to have the motion pertain to the gate by itself and then address the rest of the violations. Mr. Karageorge amended his motion to exclude the cleaning and covering the pool to just securing the gate to the pool area. All else in the motion remained. Mr. Brake agreed to the amendment. A vote was taken and unanimously passed. The next motion pertained to Code Section 10.51.5 inclusive which covers the mowing, weeding, trimming the overgrowth and cleaning and covering the pool. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that US Bank National Assoc. is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violations on or before January 14, 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 $250 per day for each day the violation continues past January 14, 2011 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 #10-2358 BAC Home Loans Servicing 2602 SW 8th Street Pierre Vestiguerne, Code Compliance Officer, presented the case as contained in the staff report. The notice of violation was August 13, 2010. The hearing was held October 20, 2010 and no one appeared. The compliance date and fine set by the Board was to comply by October 30, 2010 or incur a $100 per day fine. The violations remain outstanding. , James Karrat, Esqattorney for the Bank was unsure why the violations were not addressed. The Bank was told the hearing was cancelled for the last meeting. The issues could be addressed. He explained he did not believe the bank was aware the case went to hearing. The 45 days was prior to the hearing. Mr. Brake explained the 6 Meeting Minutes Code Compliance Board Boynton Beach, FL December 15, 2010 Board would certify the fine and they could address it when the violation was corrected or when he had a contract. Notice was provided to the parties regarding the Order. 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 October 20, 2010, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $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. Brake seconded the motion that unanimously passed. Case #10-3153 Bob Katz Prop. Inc. Property Address: 511 NE 4th Street Violation(s): CO CH15 SEC. 15-8.5(B) CI CH13 SEC. 13-15 Cease conducting business that creates a public nuisance and disturbance to the community. Cease conducting business that is not covered by the Business Tax Receipt. Officer Webb presented the case as contained in the staff report. The property was a commercial property. The violation arose from a citizen complaint and was later a referral by the Police Department. The initial inspection occurred October 27, 2010. The noise violation part of the case would not be heard, only the Business Tax Receipt would be heard. Written notice was sent via regular mail on November 27, 2010 providing for 10 days to correct the violation. Certified mail was sent December 12, 2010. The green card was not returned. The property was posted November 30, 2010, Mr. Guavin Kanhai , 13783 Exotica Lane, Wellington, pled not guilty. Officer Webb explained there were numerous complaints about the Tiki Tavern being too loud. Police responded several times and issued a report. The police records and photographs reflected the tavern was set up for a nightclub. Officer Webb had 16 pages of information from the Police Department and he showed the Respondent photographs and apprised the Board he had visited the premises since November and there was no change. He clarified he met with Mr. Kanhai and recommended he meet with Planning and Zoning to settle the Business Tax Receipt classification issue and to meet with the Chief of Police since he felt he was being harassed. No meeting had been held with the Chief to-date. The zoning district the restaurant was in was zoned for a nightclub, but the Business Tax Receipt listed it as a restaurant and that was where the problem arose. The establishment has been open for 23 years. At one time, the establishment was registered as a sports bar. 7 Meeting Minutes Code Compliance Board Boynton Beach, FL December 15, 2010 Mr. Kanhai explained he came to Boynton Beach as an investor. He visited Officer Webb several times. The establishment is a bar and there were occasions when the Police had to respond but Mr. Kanhai asserted the Police came unnecessarily (due to their “agenda” and they harassed him.) When the Police Department harassed him, they were plugging in a set from a band that he employed. Since that time, he has never brought in a band. The photograph from Officer Webb was of a band set that was not assembled. Mr. Kanhai explained that Officer Webb advised him that the Police Chief wanted him to remove the stage. Mr. Webb announced his statement to Mr. Kanhai was if he felt he was being harassed, he should meet with the Chief. The Chief never requested the stage be removed. Mr. Kanhai operates a restaurant/bar providing 51% food and 49% bar and the Business Tax Receipt was supposed to reflect it as such. Officer Webb showed the Respondent documentation. Mr. Brake explained the documents needed to be amended. It was noted Mr. Kanhai had not yet spoken with Planning and Zoning. Mr. Brake commented the establishment was open for 57 years and inquired when it changed and why. Mr. Kanhai explained since he moved in, he was pretty sure when he applied for the Business Tax Receipt it said bar/restaurant. He did not want a nightclub. He wanted the establishment to continue as it has for 57 years. Mr. Karageorge explained a stage was typical of a nightclub and it could be remedied timely. Officer Webb circulated a copy of the current Business Tax Receipt. The 16 pages of Police reports were for various causes: one was for a fight, another for theft, fraud, trespass, etc. The owners requested extra patrols on some of the incidents but most were for noise disturbances. Mr. Kanhai also hired security on occasion and explained some restaurants have security but usually it is event related. On weekends he hires security. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Bob Katz Prop. Inc. is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before December 30, 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 December 30, 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. A Cease and Desist order had been considered but was not used. 8 Meeting Minutes Code Compliance Board Boynton Beach, FL December 15, 2010 The motion unanimously passed. Case # 10-3229 South Florida Property Venture-Queenstar Financial Inc. Property Address: 200 Knuth Rd. 214 Violation(s): CO CH9 SEC. 9-22(C) Fire inspection annual fees. Skip Lewis , Senior Code Compliance Officer, presented the case on behalf of Scott Blasie, Code Compliance Administrator, as contained in the notice of violation. Staff recommended 15 days be given for compliance. It was noted South Florida Property Venture was a repeat violator. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that South Florida Property Venture is in violation of the City of Boynton Beach Code Section as cited, and moved to order that the Respondent correct the violations on or before December 30, 2010. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $250 per day for each day the violation continues past December 30, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection and verification of payment of the fees to . comply with this Order. Ms. Carroll seconded the motion that passed unanimously Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Queenstar Financial Inc. is in violation of the City of Boynton Beach Code Section as cited, and moved to order that the Respondent correct the violations on or before December 30, 2010. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $150 per day for each day the violation continues past December 30, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection and verification of payment of the fees to comply with . this Order. Mr. Brake seconded the motion that passed unanimously Case # 10-3242 Andio Painting Inc. Property Address: 3191 SW 14th Place 11 9 Meeting Minutes Code Compliance Board Boynton Beach, FL December 15, 2010 Violation(s): CO CH9 SEC. 9-22(C) Fire inspection annual fees. Officer Lewis presented the case as contained in the notice of violation. Staff recommended 15 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Andio Painting Inc. is in violation of the City of Boynton Beach Code Section as cited, and moved to order that the Respondent correct the violations on or before December 30, 2010. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $150 per day for each day the violation continues past December 30, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection and verification of payment of the fees to comply with . this Order. Ms. Carroll seconded the motion that passed unanimously Case # 10-3244 2600 Quantum LLC – Boca Tanning Club Property Address: 1035 Gateway Boulevard, Unit 210 Violation(s): CO CH9 SEC. 9-22(C) Fire inspection annual fees. Officer Lewis presented the case as contained in the notice of violation. Staff recommended 15 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that 2600 Quantum LLC is in violation of the City of Boynton Beach Code Section as cited, and moved to order that the Respondent correct the violations on or before December 30, 2010. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $150 per day for each day the violation continues past December 30, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection and verification of payment of the fees to comply with . this Order. Ms. Carroll seconded the motion that passed unanimously 10 Meeting Minutes Code Compliance Board Boynton Beach, FL December 15, 2010 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Boca Tanning Club is in violation of the City of Boynton Beach Code Section as cited, and moved to order that the Respondent correct the violations on or before December 30, 2010. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $150 per day for each day the violation continues past December 30, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection and verification of payment of the fees to comply with this Order. Mr. Brake seconded the motion. It was noted the Boca Tanning Club had vacated the premises; however, they have . multiple locations within the County. The motion passed unanimously Case # 10-2836 Johnny L & Linda A. Waters Property Address: 1635 Gateway Boulevard, Unit 210 Violation(s): CO CH15 SEC. 15-120(D)(E) Inc. Paint house, remove dirt pile from front yard, remove trash and debris, and inoperable/unregistered vehicle from property. Officer Cain presented the case as contained in the notice of violation. Staff recommended 15 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Johnny L. And Linda A. Waters 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 December 30, 2010. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $250 per day for each day the violations continue past December 30, 2010 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Brake seconded the motion that unanimously passed. Case # 10-3076 Joseph & Carmelite Reache Property Address: 143 NE 16th Avenue Violation(s): CO CH15 SEC. 15-120(D) Inc. Repair driveway. 11 Meeting Minutes Code Compliance Board Boynton Beach, FL December 15, 2010 Officer Cain presented the case as contained in the notice of violation. Staff recommended 30 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Joseph & Carmelite Reache 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 January 14, 2011. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past January 14, 2011 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 # 10-3168Bank of New York Trust - 1625 NE 2nd St. Property Address: 1625 NE 2nd Street Violation(s): CO CH15 SEC. 15-51.5 Inc. Property that is vacant or subject to default must be registered and maintained with the City according to Code. Secure property. Officer Cain presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violation. The property was abandoned and in foreclosure. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Bank of New York Trust is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before December 25, 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 $1,000 per day for each day the violation continues past December 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. Karageorge seconded the motion that unanimously passed. Case # 10-3174Francois & Normil A. Baptiste Property Address: 115 NW 14th Ave. 12 Meeting Minutes Code Compliance Board Boynton Beach, FL December 15,2010 Violation( s): CO CH15 SEC. 15-120 (D) Inc. CO CH1 0 Sec. 10-56(0) CO CH1 0 Sec. 10-56(0) Install four-inch numbers on the property, remove trailer and pallets from front yard. Business Tax Receipt required to rent residence. Officer Cain presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violation. The property was abandoned and in foreclosure. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Francois & Normil A. Baptiste are in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondents correct the violation on or before December 25, 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 December 25, 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 un::mimously passed 4-1 (Ms. Carroll dissenting.) Case # 10-3146 Property Address: Violation( s): Citibank (3350 Ocean Pkwy) 3350 Ocean Pkwy CO CH15 SEC. 10-51.5 INC. Property that is vacant or subject to default must be registered with the City and maintained per City Code. Secure windows and doors. Officer Guillaume presented the case as contained in the staff report. Staff recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Citibank 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 December 25, 2010. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent 13 Meeting Minutes Code Compliance Board Boynton Beach, FL December 15, 2010 and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $1,000 per day for each day the violation continues past December 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. Ms. Carroll seconded the motion that unanimously passed. Case # 10-3211Wells Fargo Bank (2541 NW 2nd St) Property Address: 2541 NW 2nd Street Violation(s): CO CH15 SEC. 15-120(D)1.A Storage of unlicensed and inoperable vehicles is not permitted in residential zoning district. Officer Guillaume presented the case as contained in the staff report. Staff 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 Wells Fargo Bankis in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before December 25, 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 December 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. Karageorge seconded the motion that unanimously passed. Case # 10-3178High Ridge Properties Property Address: 640 E. Ocean Avenue Violation(s): LDR CH23 II SEC. 0 Mow, weed, trim the parking lot area, trim the trees in parking lot, remove trash and debris in parking area, repair traffic signs to face correct direction in parking lot. John Herring , Code Compliance Officer, presented the case as contained in the staff report. Staff recommended 10 days be given to correct the violation. Only the signs remained outstanding. A stop sign had been knocked down in the back parking lot. 14 Meeting Minutes Code Compliance Board Boynton Beach, FL December 15, 2010 Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that High Ridge Propertiesis in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before December 25, 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 December 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. Ms. Carroll seconded the motion that unanimously passed. Case #10-3188HSBC Mortgage Services Inc. (140 SE 28th Ct.) Property Address: 140 SE 28th Court Violation(s): CO CH10 SEC. 10-51.5 INC. Property that is vacant or subject to default must be registered with the City and maintained per City Code. Officer Herring presented the case as contained in the staff report. Staff recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that HSBC Mortgage Services 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 December 25, 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 December 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. Ms. Carroll seconded the motion that unanimously passed. Case #10-2863Mark & Mona Hebel Property Address: 12 Woods Lane Violation(s): 105.1 FBC 2004 Renew expired demolition permit as noted on red tag. 15 Meeting Minutes Code Compliance Board Boynton Beach, FL December 15, 2010 Officer Lewis presented the case as contained in the staff report. Staff recommended 30 days be given to correct the violation. The contractor who did the work was now out of business. Permits for the work were issued but there was no final inspection. The work done was for the kitchen. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Mark & Mona Hebel 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 January 14, 2011. 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 January 14, 2011 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 #10-2884Marie & Riguad Alsume Property Address: 1184 SW 27th Place Violation(s): CO CH15 SEC. 15-120(D) INC. Remove inoperable vehicle with flat tires and broken windows, etc. Officer Lewis presented the case as contained in the staff report. Staff recommended a Cease and Desist order be entered for storage of the inoperable vehicles within 10 days. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that a Cease and Desist Order be issued giving Marie & Riguad Alsume until December 25, 2010 to bring the violation of the City of Boynton Beach Code section as cited into compliance. 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 a fine in the amount of $150 per recurrence of the violation thereafter shall be imposed upon the Respondents. Vice Chair Yerzy seconded the motion that passed unanimously. Case #10-3199Guy N. & Nancy K. Smith Property Address: 220 SW 8th Street Violation(s): CO CH 15 SEC. 15-120(D) (E) INC. Mow and trim overgrowth. Remove inoperable vehicle from property. Remove or repair 16 Meeting Minutes Code Compliance Board Boynton Beach, FL December 15, 2010 deteriorated fencing. Remove trash, debris and loose fence panels. Officer Lewis presented the case as contained in the staff report. Staff recommended 15 days be given to correct the violation. The Respondents were working on correcting the violation. No safety hazard existed and most of the fence repairs were made. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Guy N. & Nancy K. Smith 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 January 14, 2011. 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 January 14, 2011 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Brake seconded the motion that unanimously passed. Case #10-3185Bertha Elmond Property Address: 2915 SE 2nd Street Violation(s): CO CH15 SEC. 15-120(D) INC. Mow, grass and weed property. Officer Melillo presented the case as contained in the staff report. Staff recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Bertha Elmond 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 December 25, 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 December 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. Ms. Carroll seconded the motion that unanimously passed. Case #10-3190US Bank National Assoc. (134 SE 31st Ave.) Property Address: 134 SE 31st Avenue 17 Meeting Minutes Code Compliance Board Boynton Beach, FL December 15, 2010 Violation(s): CO CH10 SEC. 10-51.5 Inc. Property that is vacant or subject to default must be registered with the City and maintained per City Code. Officer Melillo presented the case as contained in the staff report. Staff recommended 10 days be given to correct the violation. The property was unregistered and unmowed. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that US Bank National Assoc. is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before December 25, 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 December 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. Vice Chair Yerzy seconded the motion that unanimously passed. Case #10-3191Suntrust Mortgage (135 SE 25th Ave.) Property Address: 135 SE 25th Ave. Violation(s): CO CH10 SEC. 10-51.5 Inc. Property that is vacant or subject to default must be registered with the City and maintained per City Code. Mow grass and weeds. Officer Melillo presented the case as contained in the staff report. Staff recommended 10 days be given to correct the violation. Only the registration remained outstanding. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Suntrust Mortgage 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 December 25, 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 December 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 18 Meeting Minutes Code Compliance Board Boynton Beach, FL December 15, 2010 to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case #10-3218Aurora Loan Services LLC (2710 SW 7th St.) Property Address: 2710 SW 7th Street Violation(s): CO CH10 SEC. 10-51.5 Inc. Property that is vacant or subject to default must be registered with the City and maintained per City Code. Mow grass and weeds. Officer Melillo presented the case as contained in the staff report. Staff recommended 10 days be given to correct the violation. Only the mowing remained outstanding. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Aurora Loan Services LLC is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before January 14, 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 14, 2011 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 passed 4-1 (Ms. Carroll dissenting.) Mr. Karageorge made a substitute motion as noted below. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Aurora Loan Services LLC is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before January 14, 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 $50 per day for each day the violation continues past January 14, 2011 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. 19 Meeting Minutes Code Compliance Board Boynton Beach, FL December 15, 2010 Case #10-2210Joan Myers Property Address: 2710 SW 7th Street Violation(s): CO CH10 SEC. 10-56(C)) Secure pool. Officer Pierre presented the case as contained in the staff report. Staff recommended 10 days be given to correct the violation. It was noted the Respondent advised she obtained the permit and was installing the fence. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Joan Myers 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 December 25, 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 December 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. Karageorge seconded the motion that unanimously passed. Case #10-3053Rolande Lovinsky & Amson Cetoute Property Address: 508 NW 8th Street Violation(s): CO CH15 SEC. 15-120(D) INC. Repair driveway and remove debris from property. Officer Pierre presented the case as contained in the staff report. Staff recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Rolande Lovinsky & Amson Cetoute 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 December 25, 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 December 25, 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. The motion died for lack of a second. 20 Meeting Minutes Code Compliance Board Boynton Beach, FL December 15, 2010 Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Rolande Lovinsky & Amson Cetoute 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 December 25, 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 December 25, 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 #10-3091Bank of America (18 Las Islas) Property Address: 18 Las Islas Violation(s): CO CH10 SEC 10-51.5 Inc. Property that is vacant or subject to default must be registered with the city and maintained per City Code. Pool must be maintained in a sanitary condition. Officer Pierre presented the case as contained in the staff report. Staff recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Bank of America 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 December 25, 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 December 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. Brake seconded the motion that unanimously passed. Case #10-3122Rolande Lovinsky & Amson Cetoute Property Address: 508 NW 8th Street Violation(s): CO CH13 SEC. 13-16. 21 Meeting Minutes Code Compliance Board Boynton Beach, FL December 15, 2010 Business Tax Receipt required to rent residence. Officer Pierre presented the case as contained in the staff report. Staff recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Rolande Lovinsky & Amson Cetoute 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 December 25, 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 December 25, 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. It was discussed the unit was rented and occupied and a fine of $150 may be more appropriate. The Respondents were also repeat violators. Ms. Carroll amended her motion to reflect a fine of $150 and a compliance date of January 14, 2011. Mr. Brake seconded the motion that unanimously passed. Case #10-3189BAC Home Loans Servicing LP (1101 W. Fairfax Cir.) Property Address: 1101 W. Fairfax Circle Violation(s): CO CH10 SEC 10-51.5 INC. Property that is vacant or subject to default must be registered with the City and maintained per City Code. Maintain pool in a clean and sanitary condition. Officer Pierre presented the case as contained in the staff report. Staff 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 BAC Home Loans Servicing LP 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 December 25, 2010. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the 22 Meeting Minutes Code Compliance Board Boynton Beach, FL December 15, 2010 Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $1,000 per day for each day the violation continues past December 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. Karageorge seconded the motion that unanimously passed. Case #10-3140Sharese & Lennis Gillard Property Address: NE 13th Avenue Violation(s): CO CH10 SEC 10-2 Mow vacant lot, keep trimmed and free of trash and debris. Officer Webb presented the case as contained in the staff report. Staff recommended 10 days be given to correct the violation. The property was a vacant lot. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Sharese & Lennis Gillard 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 December 25, 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 December 25, 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 #10-3141JP Morgan Chase Bank (229 NE 11th Ave.) Property Address: 229 NE 11th Avenue Violation(s): CO CH10 SEC 10-51.5 Inc. Property that is vacant or subject to default must be registered with the City and maintained per City Code. Mow and trim yard, sod bare area in front yard. Remove trash and debris. Place four-inch house numbers on building visible from the street. Officer Webb presented the case as contained in the staff report. Staff recommended 10 days be given to correct the violation. 23 Meeting Minutes Code Compliance Board Boynton Beach, FL December 15, 2010 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that JP Morgan Chase Bank is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before December 25, 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 December 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. Ms. Carroll seconded the motion that unanimously passed. Officer Roy recommended the following cases be certified at $50 per day: Case #10-2681 Boynton Shoppes Acquisition 2234 N. Congress Ave. Ross Dress for Less This case had two Board Orders requiring two motions. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that the Respondent, Boynton Shoppes Acquisition has not complied with this Board's Order dated October 20, 2010, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $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. Vice Chair Yerzy seconded the motion that unanimously passed. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that the Respondent, Ross Dress for Less, has not complied with this Board's Order dated October 20, 2010, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $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. Vice Chair Yerzy seconded the motion that unanimously passed. Case #10-2687 Aida De Jesus & Arnaldo Rivera 2651 NE 4th Ct. 24 Meeting Minutes Code Compliance Board Boynton Beach, FL December 15, 2010 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that the Respondents, Aida De Jesus & Arnaldo , Riverahas not complied with this Board's Order dated October 20, 2010, and having considered the gravity of the violation, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $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. Vice Chair Yerzy seconded the motion that unanimously passed. Officer Roy recommended the following cases be certified at $100 per day: Case #10-2386 HSBC USA NA 2407 NE 4th St. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent,HSBC USA NA, has not complied with this Board's Order dated October 20, 2010, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case #10-2456 Bank of New York 8 Grange Pl. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent,Bank of New York, has not complied with this Board's Order dated October 20, 2010, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case #10-1498 Peter Wolofsky 419 SW 2nd Ave. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent,Peter Wolofsky, has not 25 Meeting Minutes Code Compliance Board Boynton Beach, FL December 15, 2010 complied with this Board's Order dated October 20, 2010, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case #10-1499 Peter Wolofsky 407 SW 2nd Ave. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent,Peter Wolofsky, has not complied with this Board's Order dated October 20, 2010, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case #10-1503 Peter Wolofsky 410 SW 2nd Ave. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent,Peter Wolofsky, has not complied with this Board's Order dated October 20, 2010, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case #10-2511 Marcellus Jean Francois 238 SW 5th Ave. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent,Marcellus Jean Francois, has not complied with this Board's Order dated October 20, 2010, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. 26 Meeting Minutes Code Compliance Board Boynton Beach, FL December 15, 2010 Case #10-2442 Shane McKean & Marc Langson 124 NE 11th Ave. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondents, Shane McKean & Marc Langson, have not complied with this Board's Order dated October 20, 2010, and having considered the gravity of the violation, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $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. Ms. Carroll seconded the motion that unanimously passed. Officer Roy recommended the following cases be certified at $150 per day: Case #10-1995 Townhouse Apartments LTD 301 N. Federal Hwy. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent,Townhouse Apartments LTD, has not complied with this Board's Order dated October 20, 2010, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $150 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case #10-2491 Countrywide Bank 118 SE 31st Ave. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent,Countrywide Bank, has not complied with this Board's Order dated October 20, 2010, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $150 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. 27 Meeting Minutes Code Compliance Board Boynton Beach, FL December 15, 2010 Case #10-2702 HSBC Mortgage Services 3643 SE 2nd St. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent,HSBC Mortgage Services, has not complied with this Board's Order dated October 20, 2010, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $150 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case #10-2730 Claudia Ortega 206 NW5th Ave. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent,Claudia Orgega, has not complied with this Board's Order dated October 20, 2010, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $150 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Officer Roy recommended the following cases be certified at $250 per day: Case #10-2700 Seacrest Trust 3612 S. Seacrest Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent,Seacrest Trust, has not complied with this Board's Order dated October 20, 2010, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $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 #10-2581 Countrywide Home Loans 906 NW 13th Ave. The motion below was for the second Board Order issued for the case. 28 Meeting Minutes Code Compliance Board Boynton Beach, FL December 15, 2010 Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent, Countrywide Home Loans, has not complied with this Board's Order dated October 20, 2010, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $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. Officer Roy recommended the following case be certified at $500 per day: Case #10-2470 Bishop Evans 132 NW 11th Ave. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that the Respondent, Bishop Evans, has not complied with this Board's Order dated October 20, 2010, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $500 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Officer Roy recommended the following cases be certified at $1,000 per day: Case #10-2524 Chase Home Finance LLC 2505 NE 4th St. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent, Chase Home Finance LLC, has not complied with this Board's Order dated October 20, 2010, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $1,000 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. 29 Meeting Minutes Code Compliance Board Boynton Beach, FL December 15, 2010 Case #10-2181 Matilda E. Sangounchitte 1018 W. Fairfax Cir. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent, Matilda E. Sangounchitte, has not complied with this Board's Order dated October 20, 2010, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $1,000 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Karageorge seconded the motion that unanimously passed. Case #10-2643 Aurora Loan Services 937 SW 34th Ct. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent, Aurora Loan Services, has not complied with this Board's Order dated October 20, 2010, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $1,000 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Karageorge seconded the motion that unanimously passed. Case #10-2581 Countrywide Home Loans 906 NW 13th Ave. The motion below pertained to the first Board Order issued in the case having to do with the pool. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent, Countrywide Home Loans, has not complied with this Board's Order dated October 20, 2010, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $1,000 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. The following case complied. Staff was requesting only administrative fees be certified. 30 Meeting Minutes Code Compliance Board Boynton Beach, FL December 15, 2010 Case #10-2138 Deutsche Bank National Trust Co. 71 Bay tree La. Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent. Deutsche Bank National Trust Co., was in violation of the City of Boynton Beach Code sections as cited, subsequent to the date of compliance specified in this Board's Order of October 20, 2010, and in consideration of the gravity of the violations, the actions taken by the Respondent to remedy the violations, and previous violations of the Respondent, that this Board impose and certify a fine in the amount of $634.12 per day plus administrative costs, for a total of 40 days of non-compliance. Ms. Carroll seconded the motion that unanimously passed. Officer Roy advised the following cases complied and should be certified as No Fine: Case #10-2617 Yachtsman Properties All U Need Services 1550 N. Federal Hwy. #13 The case had two Board Orders issued requiring two motions: Motion Based on testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that the Respondent, Yachtsman Properties, 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 October 20, 2010 and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify "No Fine." Ms. Carroll 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, All U Need Services, 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 October 20, 2010 and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify "No Fine." Ms. Carroll seconded the motion that unanimously passed. 31 Meeting Minutes Code Compliance Board Boynton Beach, FL December 15, 2010 Case #10-2685 Boynton Shoppes 1640 S. Congress Ave. Goodyear Goldcoast Tire The case had two Board Orders issued requiring two motions: Motion Based on testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that the Respondent, Boynton Shoppes, 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 October 20, 2010 and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify “No Fine.” Ms. Carroll 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, Goodyear Gold Coast Tire, 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 October 20, 2010 and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify “No Fine.” Ms. Carroll seconded the motion that unanimously passed. Case #10-2698 101 SE 27th Ave LTD 101 SE 27th Ave. A Pain Clinic of WPB The case had two Board Orders issued requiring two motions: Motion Based on testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that the Respondent, 101 SE 27th Ave. LTD, 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 October 20, 2010 and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify “No Fine.” Ms. Carroll seconded the motion that unanimously passed. 32 Meeting Minutes Code Compliance Board Boynton Beach, FL December 15, 2010 Motion Based on testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that the Respondent, A Pain Clinic of WPB, 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 October 20, 2010 and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify “No Fine.” Ms. Carroll seconded the motion that unanimously passed Case #10-2389 Deutsche Bank National Trust Co. 3216 N. Seacrest Blvd. Motion Based on testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that the Respondent, Deutsche Bank National Trust Co. 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 October 20, 2010 and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify “No Fine.” Ms. Carroll seconded the motion that unanimously passed. Case #10-2559 Lori W. Stingo 3626 S. Seacrest Blvd. Motion Based on testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that the Respondent, Lori Stingo, 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 October 20, 2010 and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify “No Fine.” Ms. Carroll seconded the motion that unanimously passed Case #10-2520 Amy L. & Judith Greene 345 SW 8th Ave. Motion Based on testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that the Respondents, Amy L. & Judith Greene, were in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Order of October 20, 2010 and in consideration of the gravity of the violation and the actions taken by the Respondents to 33 Meeting Minutes Code Compliance Board Boynton Beach, FL December 15, 2010 remedy the violations and the previous violations of the Respondents, that this Board impose and certify “No Fine.” Ms. Carroll seconded the motion that unanimously passed Case #10-2040 Haibin Zheng 204 NW 12th Ave. Motion Based on testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that the Respondent, Haibin Zheng, 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 October 20, 2010 and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent, that this Board impose and certify “No Fine.” Ms. Carroll seconded the motion that unanimously passed Case #10-2545 445 Boynton Holdings LLC 445 N. Federal Hwy. Motion Based on testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that the Respondent, 445 Boynton Holdings 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 October 20, 2010 and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent, that this Board impose and certify “No Fine.” Ms. Carroll seconded the motion that unanimously passed. Officer Roy recommended the following case be tabled to January 19, 2011: Case #10-2385 John and Patricia Virgil 2880 NE 4th St. Motion Vice Chair Yerzy moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on January 19, 2011. Ms. Carroll seconded the motion that unanimously passed. Officer Roy recommended the following case be tabled to February 16, 2011: 34 Meeting Minutes Code Compliance Board Boynton Beach, FL December 15, 2010 Case #10-1629 Aspen 1020 West Industrial LLC 1040 W. Industrial Ave. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on February 16, 2011. Vice Chair Yerzy seconded the motion that unanimously passed. Case #10-2714 Charles Philioppe 337 SW 5TH Ave. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on February 16, 2011. Vice Chair Yerzy seconded the motion that unanimously passed. There being no further business to discuss, the meeting properly adjourned at 8:03 p.m. CLLW.~ 1LL ~UuJ_ Catherine Cherry it . Recording Secretary . 35