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Minutes 11-17-10 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, NOVEMBER 17, 2010, AT 6:30 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Richard Yerzy, Vice Chair James Brake Robert Foot Mark Karageorge Alexis Aimond, Alternate Kathleen Carroll, Alternate Scott Blasie, Code Compliance Administrator Shana Bridgeman, Assistant City Attorney I. Call to Order Chair Costantino called the meeting to order at 6:31 p.m. II. Approval of Minutes of August 18, 2010 and September 15, 2010, and October 18, 2010 Lien Reduction Minutes Motion Mr. Karageorge moved to approve the minutes as corrected for August 18, 2010. Mr. Mr. LaRock seconded the motion that passed unanimously. Motion Vice Chair Yerzy moved acceptance of the minutes of September 15, 2010 as corrected. Mr. Brake seconded the motion that passed unanimously. Mr. Foot requested approval of the minutes of the October 18, 2010 Lien Reduction meeting be tabled until the nature of the violations for Case #07-1814 has been added to the minutes. The case was cited June 12, 2007 for basically the same issues (an overgrown yard and an unsanitary pool) as the last case for the Respondent, excluding the swimming pool violation. Mr. Karageorge concurred with Mr. Foot and also requested the name "Alyssa" Gwilliam be corrected to "Elisa" Gwilliam, as set forth in Case #08-2349. Motion Mr. Foot moved to table. Vice Chair Yerzy seconded the motion that unanimously passed. 1 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17, 2010 III. Approval of Agenda Officer Pierre recommended Case #08-2511 be tabled until December 15, 2010. Motion Mr. Brake moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on December 15, 2010. Mr. LaRock seconded the motion that unanimously passed. Vestiguerne Pierre, Senior Code Officer, recommended Case #09-3194 be tabled until December 15, 2010. Motion Mr. Brake moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on December 15, 2010. Mr. LaRock seconded the motion that unanimously passed. Officer Pierre reported the following cases were removed: 10-2679 and 10-3090. Officer Pierre reported the following cases were brought into compliance: 10-2233, 10- 2848, 10-2850, 10-2887 and 10-3074 complied. (Later in the meeting, it was noted that Case #3075, page 18, had been brought into compliance while Case #10-3074 had not and should remain on the agenda.) Motion Mr. Karageorge moved to approve the amended agenda. Mr. LaRock seconded the motion that passed unanimously. IV. Swearing in of Witnesses and Introduction Attorney Bridgeman explained the hearing procedure, and the Recording Secretary administered the oath to all who would be testifying. Officer Pierre called the roll and determined who was present. Case 10-1281 Location: Violations: Robert L. Beverly 522 NE 2nd Street CO CH13 SEe. 13-16 CO CH15 SEe.15-120(D) INe. 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17, 2010 BBA FBC '07 ED. 105.1 Obtain permit for addition in rear property; remove all trash and debris, including cars. Obtain Business Tax Receipt for rental of home. Willie Webb, Senior Code Officer presented the case and reviewed the details of the violations. The initial Notice of Violation was dated April 29, 2010. The Respondent was given 10 days to comply. Notice was sent by certified mail. However, the green card had been returned unsigned. Service was effectuated by regular mail and a notice had been posted on the property. The Respondent's representative was present. Thomas Lee Akins, 145 NE 5th Avenue, pled no contest. Mr. Akins is the uncle of the Respondent and the Respondent was aware Mr. Akins would be speaking on his behalf. Mr. Akins had recently visited the premises and believed everything remained the same. An engineer had been engaged to perform the necessary work. Mr. Webb provided photographs for the Board's review. He advised that the property was rented and the tenant was still in possession of the premises. While the unauthorized vehicles had been removed from the premises, the Business Tax Receipt had not been obtained, and the addition in the rear and carport enclosure violations had not been cured. Mr. Foot suggested 60 days be given for compliance. Mr. Webb noted the engineer had been having difficulties with the drawings, and the plans had not yet been approved. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Robert l. Beverly 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 January 16, 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 16, 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. Foot seconded the motion that unanimously passed. Case #10-3105 Location: James Wright 190 S. Palm Dr. 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17, 2010 Violations: CO CH4 SEe. 4-4 CO CH4 SEe. 4-36 CO CH4 SEe. 4-37 Violation addresses the care of two dogs: "Spike," a Chihuahua mix, and "Scar," a pit Bull mix; Dogs observed being tethered between 10 a.m. and 5 p.m. not adhering to tether regulations. All dogs must have current tag and registration with Palm Beach County, and all dogs must have proof of rabies vaccination. Liz Roehrich, Animal Control Supervisor, presented the case and set forth the details of the violations. She had been in contact with Mr. Wright for approximately three years regarding the violations. The initial inspection was made on July 2, 2010 and a courtesy noticed was provided that date. Written notice was provided on October 19, 2010, and the Respondent was given six days to comply. The notice was sent certified mail and the green card had been signed. The dogs located at the property had been previously seized and multiple citations and warnings had been issued to both Mr. Wright and his wife. Ms. Roehrich requested a Cease and Desist Order be issued. If the foreclosure proceedings were to go forward next month, the violations would no longer be in existence. Ms. Roehrich requested an extension of two days. Randall Mogg appeared on behalf of the of the law offices of Marshall Watson, 1800 NW 49th Street, Fort Lauderdale, as well as the Bank. The property was in foreclosure and summary judgment on the property was pending. The Certificate of Title had not been issued, and the Bank did not yet have legal title to the property. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that a Cease and Desist Order be issued giving Mr. Wright until November 18, 2010 to bring the violations of City of Boynton Beach Code sections as cited into compliance. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that a fine in the amount of $500 per recurrence of the violation thereafter shall be imposed upon the Respondents. Mr. Karageorge seconded the motion that passed unanimously. Case #10-2824 Location: Deutsche Bank National Trust 3100 Ocean parkway 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17,2010 Violation: CO CH10 SEe. 10-51.5 INe. Register all vacant property, or property subject to default. Property must be maintained per the maintenance regulations adopted by the City. Luney Guillaume, Code Officer, presented the case and reviewed the details of the violations. Officer Guillaume did not provide a date for compliance. Randall Mogg appeared on behalf of the of the law offices of Marshall Watson, 1800 NW 49th Street, Fort Lauderdale, Deutsche Bank National Trust. The Bank was not yet the record owner of the property, as summary judgment was pending and the Certificate of Title had not yet been issued. The property had not been sold and remained vacant. Attorney Bridgeman advised the Bank was required to register the property as the mortgage was in default. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Deutsche Bank National Trust is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before December 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 December 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. Mr. Foot seconded the motion that unanimously passed. Case #10-2447 Location: Violations: John P. Leonard, Jr. 143 SW 24th Ave. CO CHiS SEe. ls-120(D) INe. CO CH10 SEe. 10-s6(A) CO CH10 SEe. 10-s6(B) CO CHiD SEe. 10-S6(C) Remove or register motor vehicle; mow grass and weeds; remove all trash; maintain pool in sanitary condition. 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17, 2010 Mike Melillo, Senior Code Officer, presented the case and set forth the details of the violations. The initial inspection was completed on August 23, 2010. The Respondent is a repeat offender. John Leonard, 143 SW 24th Ave., advised he had taken care of the grass and trash violations, but pled guilty to the vehicle and pool violations. Officer Melillo noted the front of the lawn had been mowed, and some of the items had been removed, but the violations pertaining to the pool, motor vehicle and rear of the house still existed. Photographs taken Monday were provided, as were photographs from the original complaint. The pool had been secured but remained in an unsanitary condition. Mr. Leonard noted he was currently unemployed. He requested 30 days to remedy the pool violation and 60 days to bring the vehicle into compliance. He did not have the funds to pay for the registration, insurance and new tires. The mowing and trash could be completed by November 18, 2010. Chair Costantino objected to a 30-day extension for the unsanitary pool violation. Mr. Foot felt no more than 15 days should be granted for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that John P. Leonard, Jr. is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before December 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 $250 per day for each day the violations continue past December 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. Mr. LaRock seconded the motion that unanimously passed. Case #10-3030 Location: Violation: GMAC Mortgage LLC 300 SE 1st St. CO CH10 SEe. 10-51.5 INe. Per Ordinance 09-040, all vacant Property or property subject to default must be registered with the City. 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17, 2010 Property must be maintained in accordance with the City's property maintenance regulations. Officer Melillo presented the cased and set forth the details of the violation. He did not suggest a date for compliance. Randall Mogg appeared on behalf of the law offices of Marshall Watson, 1800 NW 49th Street, Fort Lauderdale. Summary judgment had not been granted, and the sale of the property had not yet occurred. He pled guilty with regard to the registration requirement, but was not aware of the maintenance issue until the citation had been received. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that GMAC Mortgage 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 December 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 $150 per day for each day the violation continues past December 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. Mr. Brake seconded the motion for discussion purposes. Mr. Brake requested a fine amount of $100. Mr. Karageorge noted the $150 fine had been based on previous decisions. Mr. Brake seconded the motion at $150 per day. The motion passed unanimously. Case #10-3037 Location: Bank of New York Mellon 503 N. Seacrest Blvd. CO CH10-sl.1Ne. Per Ordinance 09-040, all vacant Property or property subject to default must be registered with the City. Property must be maintained in accordance with the City's property maintenance regulations. Violation: 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17, 2010 Office Webb presented the case and set forth the details of the violations. Service was effectuated by regular and certified mail, and the green card had been signed. The Respondent was given 10 days to comply. Randall Mogg appeared on behalf of the law offices of Marshall Watson, 1800 NW 49th Street, Fort Lauderdale. A summary judgment had not yet been granted. A fence separated the swale from the property and, in order to access the property to trim the trees, the Bank would be trespassing. Officer Webb advised the property was vacant. Mr. Mogg advised he would register the property on behalf of the Bank. It would take some time to contact the last-known resident or owner. Chair Costantino pointed that if Mr. Mogg registered the property on behalf of the Bank, he would be responsible for maintaining the property. Mr. Mogg added that the Bank did not yet have a Certificate of Title and as such, was not the owner of record. Officer Webb provided photographs evidencing the height of the fence, which appeared to be approximately six feet. Officer Webb mentioned that the property had not been completely fenced in, and that the grass had been mowed. While the chain-link fence was appropriate, the bushes were not, as they obstructed the view to passersby. Attorney Bridgeman noted that, pursuant to the ordinance, Mr. Mogg would be responsible for maintaining the property which included the lawn and trees. Mr. Karageorge felt the violations presented traffic safety and registration issues and as such, believed time was of the essence. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Bank of New York Mellon 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 November 27, 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 November 27, 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. 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17, 2010 Chair Costantino expressed her concern regarding the visual obstruction. She inquired whether the City could take care of the property if the Bank did not address the issue within a reasonable period of time. Scott Blasie, Code Compliance Administrator, believed the fence had been installed without a building permit, as six-foot fences were prohibited in front-yard setbacks in the City. As the property was situated on a corner lot, both yards were considered front-yard setbacks. If the fence were in a City right-of-way, the City would have the authority to remove the fence. If the other portion of the fence were situated in a right-of-way on Seacrest Boulevard, those areas would be the property of the County. The City could possibly attempt to trim the trees from the right-of-way. However, Mr. Blasie could not speak for the Public Works crew. Although budget constraints have prevented tree trimming, if a legitimate visual obstruction existed, he believed the City would do whatever was necessary, without stepping onto private property. Case #10-1371 Location: Violation: Henry and Monique Williams 404 NE 13th Ave. CO CHiS SEe. ls-120(D) INe. Sod all bare areas in yard. Officer Webb presented the case and set forth the details of the violation. The initial inspection was completed on April 26, 2010. Notice was provided by regular and certified mail and the green card had been signed. The Respondents were given 10 days to comply. Officer Webb provided photographs for the Board's review. Henry Williams, 404 NE 13th Avenue, pled no contest. He commented he was self employed, performing oil changes "on-the-go," and his business was suffering. He was desirous of bringing the property into compliance, but was not certain how long it would take to do so. Mr. Williams indicated that while he was promised donations of "material," he had no truck and no way of transporting the materials to the property. Mr. Brake inquired whether there was an issue with the trailer. Officer Webb indicated the trailer should be parked on a hard surface, and suggested Mr. Williams obtain paving stones to make it look neat. A permit would not be needed for the paving stones. Mr. Brake did not view the sod as an issue, but did feel the trailer was an issue, even though the Respondent had not been cited for the trailer. Mr. Karageorge concurred with Mr. Brake. 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17, 2010 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Henry and Monique Williams are not in violation of the City of Boynton Beach Code section cited. Mr. Karageorge seconded the motion that passed 5-1 (Mr. Foot dissenting). Case #10-2974 Location: Violations: Isaac James 215 NW ih Court CO CHiS SEe. ls-120(D) INe. CO CHiS SEe. 10-s6(D) Property must be kept mowed, trimmed and free of trash and debris. Place four- inch house numbers on building to be visible from the City street. Officer Webb presented the case and set forth the details of the violations. The initial inspection was completed on September 23, 2010. Written notice was sent by regular and certified mail, and the green card was signed. Isaac James, 215 NW ih Court, pled not guilty. It was noted the Respondent was not a repeat violator. Officer Webb provided photographs for the Board's review. It was not known whether the multi-family property was currently rented. Officer Webb had visited the premises on November 16, 2010, and the photographs reflected the condition of the property. Mr. James claimed he had installed the four-inch numbers on the house. This would be verified by Officer Webb. Mr. James indicated he would begin discarding the trash on November 18, 2010, and believed he could comply in two weeks. Mr. Brake suggested 15 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Isaac James 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 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 $200 per day for each day the violations continue past December 2, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17, 2010 contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. Mr. Blasie presented the lien reduction Case #08-1693 and Case #09-3497, which had been tabled from the November 15th Lien Reduction meeting. Both cases pertained to the same property and were almost identical, except that Case #09-3497 included the property registration. Case #08-1693 Donald Ross 2801 NE 4th St. Mr. Blasie presented the case and set forth the details of the violation. The Respondent had originally been cited on June 13, 2008 for violations of the City's Community Appearance Code requiring that the yard be trimmed and mowed, and that trash and debris be removed. The case was presented to the Board on July 16, 2008, and no one had appeared. A compliance date and proposed fine were set for July 26, 2008, or $100 per day. Staff had documented full compliance on October 10, 2008 for 75 days of non-compliance plus administrative costs. Mr. Blasie provided two photographs, one taken July 23, 2008 and the other taken November 17, 2010. The photographs will be used for both cases. Sue King, Rels Title, 1591 Hayley Lane, Ft. Myers, noted she was the authorized agent for Deutsche Bank. Ms. King advised the property was under contract at a selling price of $41,500, although the Bank had foreclosed at the approximate sum of $282,000. The lis pendens was filed on December 21, 2007, and the Certificate of Title was recorded on September 14, 2010. The violations occurred in 2008 and were cured. Some of the agents at Rels Title were not aware of the registration requirement, and the agent handling this case appeared to be a new listing agent. Ms. King was not acquainted with the new agent and did not know whether she was aware of the registration process. However, Ms. King was attempting to bring the agents up to date with regard to the ordinance. She requested a lien reduction in order to facilitate the sale of the property . Mr. Brake pointed out that some of the violations occurred in 2010. He was acquainted the agent, the company and its listing agents and felt they were usually cognizant of the registration process. Ms. King noted the Bank would be responsible and pay for the liens in order to clear the title. She reiterated the Certificate of Title was not recorded until September 14, 2010, and all the violations had been cured during the gap period. 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17, 2010 Mr. Blasie was not disputing the fact that the property had been cleaned up prior to the City's acknowledgement of the violations. The City would not get involved again until it is contacted by a bank, realtor or title company. The Board members felt the mortgage amount was absurd. Ms. King advised she had obtained the figures form court records. The mortgage itself was in the amount of $282,413.70. The unpaid principal balance was $207,848.86. Statistics indicated that approximately 90% of the modifications granted by banks over the last few years would not be successful. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Brake moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of July 16, 2008 to an amount of $634.12 including administrative costs. Mr. LaRock seconded the motion that unanimously passed. Case #09-3497 Deutsche Bank National Trust 2801 NE 4th St. Mr. Blasie presented the case and set forth the details of the violations. The Respondent had been originally cited on November 4, 2009 for violations of the City's Community Appearance Code for overgrowth, trash and debris, and for its failure to register the property. The case was presented to the Board on December 16, 2009, and no one had appeared. The compliance date and proposed fine set by the Board was December 31, 2009, or $200 per day. Staff documented compliance on October 18, 2010, with 290 days of non-compliance plus administrative costs. Mr. Blasie believed the registration violation was all that remained, as the maintenance issues had been brought into compliance on October 10, 2010 on the previous case. Additionally, pursuant to Ms. King's advice, the property had been maintained prior thereto. It was noted the property had been in violation since November 4, 2009. The question arose as to whether the property required maintenance or whether the registration was the only violation in question. Mr. Blasie informed the Board that the lien reduction inspection revealed there were items that did require attention. However, these items (missing soffit screens, a broken 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17, 2010 window and an old electrical feed from an air-conditioner) were not included in the violations. Additionally, someone had mowed the property before staff had been called with respect to the lien reduction inspection. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Karageorge moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of December 16, 2009 to an amount of $1,200 including administrative costs. Mr. Brake seconded the motion for discussion purposes. Suggestions called for increasing the fine to $1,268.24, $2,600 and $5,000. Mr. Karageorge rescinded his previous motion and made a new motion changing the amount to $3,000 including administrative costs. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Karageorge moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of December 16, 2009 to an amount of $3,000 including administrative costs. Mr. Brake seconded the motion that passed 4-2 (Chair Costantino and Mr. Foot dissenting). Case #10-2678 Boynton Shoppes Acquisition - Boynton Ale House 2212 N. Congress Ave. CO CH2.s SECV 2.5-12+13 Excess false alarm and service fee. Location: Violation: John Herring, Code Officer presented the case and set forth the details of the violation. Staff recommended a compliance date of April 1, 2011 as, through an arrangement with Mr. Blasie, the Respondents agreed to satisfy the $5,000 fines by making four equal, monthly installments by April 1, 2011. Ms. Blasie advised the Respondents that the payment arrangement would require the approval of the Board. 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17, 2010 Discussion ensued and the Board members agreed that April 1st was too long a period for the payments to be made. It was suggested the matter be tabled for 30 days. Motion Mr. Karageorge moved that the Board table this case until December 15, 2010 and that the Respondents be informed of this decision. There was no second to the motion. Discussion ensued. It was questioned whether the Board could modify any of its Orders in the event payments were not made as required by the Order. Attorney Bridgeman advised any Order could be modified with the adoption of a Motion to Reconsider. However, the Board could not establish payment plans for property owners. It was noted that staff had arranged for payment plans in the past, but those plans were never included in any of the Orders. It was suggested the Respondents be given 30 days to comply. This would provide additional time for the payments to be made. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Boynton Shop pes Acquisition 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 19, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past January 19, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection and verification of payment of the fees to comply with this Order. Mr. Foot modified his motion, changing the compliance date from January 19, 2011 to December 17, 2010. Mr. Brake seconded the motion for discussion purposes. Discussion ensued, and it was agreed the Board's intent was that the fines be satisfied. As long as the Respondents were making the monthly payments, the Order would not be certified. The motion carried unanimously. 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17, 2010 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Boynton Ale House 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 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 $50 per day for each day the violation continues past December 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 and verification of payment of the fees to comply with this Order. Mr. Brake seconded the motion that passed unanimously. Case # 10- 2946 Yachtsman Properties LLC- Transcom Carribbean Market 1550 N. Federal Hwy. #11 CO CH9 SEe. 9-22(C) Annual fire inspection fees Location: Violation: Officer Herring presented the case and set forth the details of the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Yachtsman Properties 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 November 27, 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 November 27, 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. There was no second to the motion. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Yachtsman Properties LLC is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17, 2010 violation on or before November 27, 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 November 27, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection and verification of payment of the fees to comply with this Order. Mr. Karageorge seconded the motion. It was noted the Respondents were repeat offenders. Mr. Foot withdrew his motion Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Yachtsman Properties 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 November 27, 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 November 27, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection and verification of payment of the fees to comply with this Order. Mr. Karageorge seconded the motion that unanimously passed. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Transcom Caribbean Market 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 November 27, 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 November 27, 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. Vice Chair Yerzy seconded the motion that unanimously passed. 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17, 2010 Case # 10-2947 137 Woolbright Inc. - Hammad Enterprise Inc. 137 E. Woolbright Rd. #101 CO CH9 SEe. 9-22(C) Annual fire Inspection fees Location: Violation: Officer Herring presented the case and set forth the details of the violations. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that 137 Woolbright 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 November 27, 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 November 27, 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. LaRock seconded the motion that unanimously passed. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that 137 Hammad Enterprise 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 November 27, 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 November 27, 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 unanimously passed. Case #10-2960 High Ridge Properties - Lentine Enterprises, LLC 640 E. Ocean Ave. # 13 CO CH9 SEe. 9-22(C) Annual fire inspection fees Location: Violation: 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17,2010 Officer Herring presented the case and set forth the details of the violation. Staff recommended 10 days be given for compliance. Lentine Enterprises was no longer located at the premises. Therefore, if payment is received from High Ridge Properties, the case would be closed for both Respondents. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that High Ridge Properties is in violation of City of Boynton Beach Code Section as cited, and moved to order that the Respondent correct the violations on or before November 27, 2010. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past November 27, 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. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Lentine Enterprises LLC is in violation of City of Boynton Beach Code Section as cited, and moved to order that the Respondent correct the violations on or before November 27, 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 $50 per day for each day the violation continues past November 27, 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 10-2786 Location: Violations: Virgen O. Valentin 332 NE lstth Ct. CO CHiS SEe. ls-120(D) INe. CO CH10 SEe. 10-s6(A) Mow overgrown yard; remove trash and debris; secure house. 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17, 2010 Officer Cain, presented the case and set forth the details of the violation which constituted health and safety issues. Staff recommended 15 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Virgen O. Valentin 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 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 $1,000 per day for each day the violations continue past December ffi, 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. Mr. Karageorge seconded the motion. It was noted the house was not occupied. The motion passed unanimously. Case #10-2837 Location: Violation: Aida Rivera 1622 NE 4th Ct. CO CH10 SEe. 10-s6(A) Secure property; remove all trash and debris from property. Courtney Cain, Code Officer, presented the case and set forth the details of the violation. The violation constituted a health and safety hazard. Staff recommended 15 days be given for compliance. Mr. Brake felt the Respondent should be given 10 days to comply as the property had not been secured. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Aida Rivera is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before November 27, 2010. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17, 2010 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 November 27, 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 for discussion. Mr. Karageorge pointed out a $1,000 fine had been imposed on the previous case, and the Respondent was a repeat offender. While he had no objection to the 10 days given for compliance, he felt the fine should be in the amount of $500. Mr. Brake agreed to $750, but did not appreciate unsecured property anywhere in the City. Mr. Karageorge concurred. The motion passed unanimously. Case #10-2847 Location: Violation: US Bank National Association 424 NE 15th Ct. CO CH10 SEe. 10-51.5 INe. Property that is vacant or subject to a current notice of default must be registered with the City. Property must be maintained in accordance with the property maintenance regulations adopted by the City. Courtney Cain, Code Officer, presented the case and set forth the details of the violation. The violation constituted a health and safety hazard. Staff recommended 15 days be given for compliance. Mr. Brake believed 10 days should be given for compliance, as the property had not been secured. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that US Bank National Association 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 November 27, 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, 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17, 2010 a fine in the amount of $1,000 per day for each day the violation continues past November 27, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that passed 4-3 (Vice Chair Yerz.v, Mr. Foot and Mr. Karageorge dissenting). Officer Cain advised Case #10-3074 had not complied and should remain on the agenda, while Case #10-3075 had complied and should be removed from the agenda. Motion Mr. Foot moved the agenda be amended to include Case #10-3074. Vice Chair Yerzy seconded the motion that passed unanimously. Chair Costantino noted for the record that page 17 dealt with Case #10-3074. Case #10-3074 Location: Violation: Clyde and Alberta Jones 1625 NE 2nd St. CO CHiS SEe. ls-120(D) INe. Mow and maintain overgrown yard. Officer Cane presented the case and set forth the details of the violation. The dilapidated fence and broken glass in the yard are causing health and safety issues. Staff recommended 15 days be given for compliance. Officer Cain provided photographs for the Board's review. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Clyde and Alberta Jones 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 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 December 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. Mr. Brake seconded the motion that unanimously passed. 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17,2010 Case #10-3075 Location: Violations: Robert Johnson 154 NE 16th Ave. CO CHiS SEe.1s-120(E) INe. CO CH10 SEe. 1-s6(D) Install minimum 4-inch house numbers on building to be visible from City street. Motion Mr. Foot moved that Case #10-375 should be removed from the agenda. Mr. Brake seconded the motion that passed unanimously. Case #10-2742 Location: Violations: Mazzocchi Investments LLC 2616 NE 4th Ct. CO CH1s 15-120 (D) INe. CO CH13 SEe. 13-16 Mow overgrown yard. Obtain Business Tax Receipt to rent unit. Officer Guillaume presented the case and set forth details of the violations. Staff recommended 15 days be given for compliance. The unit in question is a rental property. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Mazzocchi Investments LLC is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before December 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 December 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. Mr. LaRock seconded the motion that unanimously passed. Case #10-2773 Location: Violation: Bac Home Loans Servicing LP 2626 NE 3rd Ct. CO CH10 SEe. 10-51.5 INe. Property that is vacant or subject to a notice of default must be registered with 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17, 2010 the City. Property must be maintained in accordance with maintenance regulations adopted by the City. Officer Guillaume presented the case and set forth the details of the violations. Staff recommended 15 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that 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 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 $150 per day for each day the violation continues past December 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. Mr. LaRock seconded the motion that unanimously passed. Case # 10- 2853 Location: Violations: Abraham Cowrie 3150 Orange St. CO CH10 SEe. 10-s6(A) CO CH10 SEe. 10-s6(B) CO CH10 SEe. 10-s6(D) Mow overgrown yard; repair garage door and windows Officer Guillaume presented the case and set forth the details of the violations. Staff recommended 15 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Abraham Cowrie 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 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 $100 per day for each day the violations continue past 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17, 2010 December 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. Mr. Brake seconded the motion that unanimously passed. Case #10-3064 Location: Violations: Nachman Enterprises, LLC 241 NW 28th Ave. CO CH10 SEe. 10-s6(A) CO CH 13 SEe. 13-16 Repair driveway and laundry room; install sod in yard; obtain Business Tax Receipt to rent unit. Officer Guillaume presented the case and set forth the details of the violations. Staff recommended 15 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Nachman Enterprises, LLC is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before December 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 $200 per day for each day the violations continue past December 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. Mr. Brake seconded the motion. Officer Guillaume noted the laundry room had been repaired, as had the driveway. As these violations had been cured, Mr. LaRock amended his motion to impose a fine of $100. Mr. Brake seconded the motion that passed unanimously. Chair Costantino reminded the Board that the meeting was conducted according to Robert's Rules of Order, and as such, the members should ask to be recognized. Case #10-2591 Location: Violation: Dana Vanderhoff 928 Isles Rd. BBA FBC '07 ED. 105.1 Renew expired AjC permit #07-2062 as set forth on red tag dated July 14, 2010. 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17,2010 Officer Herring presented the case and set forth the details of the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Dana Vanderhoff 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 November 27, 2010. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $75 per day for each day the violation continues past November 27, 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 #10-2873 Location: Violations: Leigh Depuma 116 SE 3rd Ave. LDR CH2 SEe. s(D)(l) CO CHiS SEe. ls-120(D) INe. CO CH10 SEe. 10-s6(B) Mow, weed and trim property. Remove all inoperable and/or unregistered vehicles. Cease and desist for auto repairs. Officer Herring presented the case and set forth the details of the violations. He requested a Cease and Desist Order be issued as soon as pOSSible as the Respondent has continued performing auto repairs and the vehicle remains unregistered on the property. Staff recommended 10 days be given to bring the unregistered vehicles and mowing, weeding and trimming into compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that a Cease and Desist Order be issued giving Leigh Depuma until November 27, 2010 to bring the violations of City of Boynton Beach Code sections as cited into compliance. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that a fine in the amount of $500 per recurrence of the violation 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17, 2010 thereafter shall be imposed upon the Respondent. Mr. LaRock seconded the motion that passed unanimously. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Leigh Depuma 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 November 27, 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 November 27, 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. It was noted the second motion included the unregistered vehicles, mowing, weeding and trimming violations. Violation: 137 Woolbright Inc. Vacant lot on the southwest corner of SE 14th Ave. and SE 1st St. CO CH10 SEe. 10-s6(B) Mow property. Case #10-2877 Location: Officer Herring presented the case and set forth the details of the violation. Staff recommended 10 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 137 Woolbright 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 November 27, 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 November 27, 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 purposes of discussion. 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17, 2010 In response to Mr. Brake's inquiry, Officer Herring advised the weeds were approximately 18 inches to 24 inches on the perimeter and within the inside roughly 16 inches tall. It was noted the Respondent was not a repeat offender. The motion passed unanimously. Case #10-1411 Location: Violation: Wachovia Mortgage 2668 SW 23rd Cranbrook Dr. CO CH10 ORD. 09-040 INe. All property that is vacant or subject to a current notice of default must be registered with the City. Property must be maintained in accordance with maintenance regulations adopted by the City. Skip Lewis, Senior Code Officer, presented the case and set forth the details of the violations. Staff recommended 15 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Wachovia 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 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 December 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. Mr. LaRock seconded the motion that unanimously passed. Case #10-2532 Location: Violation: Thomas A. Thomas, Jr. TR 1399 SW 30th Ave. CO CHiS SEe. ls-120(D) Remove 4x4 posts from right-of-way swale area to comply with City Code. Officer Lewis presented the case and set forth the details of the violation. Staff recommended 15 days be given for compliance. 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17,2010 Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Thomas A. Thomas, Jr. TR 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 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 $150 per day for each day the violation continues past December 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. Mr. Karageorge seconded the motion. It was inquired whether the posts should have been picked up by the City during its regular trash pickups. Officer Lewis responded negatively. It was agreed by the Board the violation constituted a safety hazard. The motion carried unanimously. Case #10-2534 Location: Violation: General Electric Capital Corp. 3210 SW 14th Place CO CH10 SEe. 10-51.5 INe. All property that is vacant or subject to a current notice of default must be registered with the City. Property must be maintained in accordance with maintenance regulations adopted by the City. Officer Lewis presented the case and set forth the details of the violation. Staff recommended 15 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that General Electric Capital Corp. is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before December 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, 28 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17, 2010 a fine in the amount of $200 per day for each day the violation continues past December 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. Mr. LaRock seconded the motion that unanimously passed. Case #10-2788 Location: Violation: Wells Fargo 1009 SW 3rd Ave. CO CH10 SEe. 10-51.5 INe. All property that is vacant or subject to a current notice of default must be maintained in accordance with maintenance regulations adopted by the City. Mow and trim overgrown vegetation around the building; repair deteriorated fascia board and roof; repair where needed. Officer Lewis presented the case and set forth the details of the violation. Staff recommended 15 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Wells Fargo 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 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 $150 per day for each day the violation continues past December 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. Mr. LaRock seconded the motion. Officer Lewis noted the property was registered and is owned by the Bank. The roof was covered with tarps. Discussion ensued with regard to increasing the fine. Mr. Brake amended his original motion to increase the fine to $250. Vice Chair Yerzy seconded the motion that unanimously passed. 29 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17,2010 Case #10-2791 Location: Violation: Deutsche Bank National Trust 724 W. Ocean Ave. CO CH10 SEe. 10-51.5 INe. All property that is vacant or subject to a current notice of default must be registered with the City and maintained in accordance with maintenance regulations adopted by the City. Mow and trim vacant property; remove all trash and debris. Officer Lewis presented the case and set forth the details of the 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 Deutsche Bank National Trust is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before December 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 $150 per day for each day the violation continues past December 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 #10-2798 Location: Violation: Wells Fargo Bank 2021 W. Woolbright Rd. #206 CO CH10 SEe. 10-51.5 INe. Per Ord. 09-040, all property that is vacant or subject to a current notice of default must be registered with the City and maintained in accordance with the maintenance regulations adopted by the City. Officer Lewis presented the case and set forth the details of the violation. Staff recommended 15 days be given for compliance. 30 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17, 2010 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Wells Fargo 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 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 $150 per day for each day the violation continues past December 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. Mr. Karageorge seconded the motion that unanimously passed. Case #10-2799 Location: Violation: Nationstar Mortgage 2181 W. Woolbright Rd. #101 CO CH10 SEe. 10-51.5 INe. Per Ord. 09-040, all property that is vacant or subject to a current notice of default must be registered with the City and maintained in accordance with the maintenance regulations adopted by the City. Officer Lewis presented the case and set forth the details of the violation. Staff recommended 15 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Nationstar 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 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 $150 per day for each day the violation continues past December 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. Mr. LaRock seconded the motion that unanimously passed. 31 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17,2010 Case #10-2800 Location: Violation: HSBC Bank National Assoc. 2081 W. Woolbright Rd. #101 CO CH10 SEe. 10-51.5 INe. Per Ord. 09-040, all property that is vacant or subject to a current notice of default must be registered with the City and maintained in accordance with the maintenance regulations adopted by the City. Officer Lewis presented the case and set forth the details of the violation. Staff recommended 15 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that HSBC 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 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 $150 per day for each day the violation continues past December 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 #10-2801 Location: Violation: HSBC Bank National Assoc. 2101 W. Woolbright Rd. #203 CO CH10 SEe. 10-51.5 INe. Per Ord. 09-040, all property that is vacant or subject to a current notice of default must be registered with the City and maintained in accordance with the maintenance regulations adopted by the City. Officer Lewis presented the case and set forth the details of the violation. Staff recommended 15 days be given for compliance. 32 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17, 2010 Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that HSBC 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 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 $150 per day for each day the violation continues past December 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. Mr. LaRock seconded the motion that unanimously passed. Case #10-2802 Location: Violation: Deutsche Bank National Trust 2160 W. Woolbright Rd. #101 CO CH10 SEe. 10-51.5 INe. Per Ord. 09-040, all property that is vacant or subject to a current notice of default must be registered with the City and maintained in accordance with the maintenance regulations adopted by the City. Officer Lewis presented the case and set forth the details of the violation. Staff recommended 15 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Deutsche Bank National Trust is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before December 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 $150 per day for each day the violation continues past December 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. Mr. LaRock seconded the motion that unanimously passed. 33 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17, 2010 Case #10-2994 Location: Violation: US National Association TR 1199 SW 25th Ave. CO CH10 SEe. 10-51.5 INe. All property that is vacant or subject to a current notice of default must be registered with the City and maintained in accordance with the maintenance regulations adopted by the City. Mow and trim all overgrown yard areas; remove all trash and debris. Officer Lewis presented the case and set forth the details of the violation. Staff recommended 15 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that US National Association TR 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 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 $150 per day for each day the violation continues past December 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. Mr. LaRock seconded the motion that unanimously passed. Case #10-2728 Location: Violation: Citibank NA TR 2207 SE 2nd St. CO CH10 SEe. 10-51.5 INe. Per Ord. 09-040, all property that is vacant or subject to a current notice of default must be registered with the City and maintained in accordance with the maintenance regulations adopted by the City. Repair soffit and fascia; repair broken windows; mow grass and weeds in back yard. Officer Melillo presented the case and set forth the details of the violation. Staff recommended 10 days be given for compliance. 34 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17, 2010 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Citibank NA TR 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 November 27, 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 November 27, 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 #10-3026 Location: Violation: lP Morgan Chase Bank 3805 S. Lake Drive CO CH10 SEe. 10-51.5 INe. Per Ord. 09-040, all property that is vacant or subject to a current notice of default must be registered with the City and maintained in accordance with the maintenance regulations adopted by the City. Mow grass, weeds and trim bushes. Officer Melillo presented the case and set forth the details of the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that 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 November 27, 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 November 27, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. 35 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17, 2010 Case #10-3062 Location: Violation: HSBC Mortgage Services 3100 SE 1st Ct. CO CH10 SEe. 10-51.5 INe. Per Ord. 09-040, all property that is vacant or subject to a current notice of default must be registered with the City and maintained in accordance with the maintenance regulations adopted by the City. Mow grass and weeds. Trim overgrowth (hedges and trees). Officer Melillo presented the case and set forth the details of the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that HSBC Mortgage Services 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 November 27, 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 November 27, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. Case #10-1130 Location: Violation: Bank of America 153 SE 30th Ave. CO CH10 SEe. 10-51.5 INe. Per Ord. 09-040, all property that is vacant or subject to a current notice of default must be registered with the City and maintained in accordance with the maintenance regulations adopted by the City. Officer Pierre presented the case and set forth the details of the violation. Staff recommended 10 days be given for compliance. 36 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17, 2010 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that JP Morgan Chase Bank is in violation of the City of Boynton Beach Code November 27, 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 November 27, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. Case #10-2634 Location: Violation: Wells Fargo Bank 2911 S. Greenleaf Circle. CO CH10 SEe. 10-51.5 INe. All property that is vacant or subject to a current notice of default must be registered with the City and maintained in accordance with the maintenance regulations adopted by the City. Officer Pierre presented the case and set forth the details of the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Wells Fargo 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 November 27, 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 November 27, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. Case #10-2635 Location: HSBC Mortgage Services Inc. 2882 S. Oasis Dr. 37 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17, 2010 Violation: CO CH10 SEe. 10-51.5 INe. All property that is vacant or subject to a current notice of default must be registered with the City and maintained in accordance with the maintenance regulations adopted by the City. Officer Pierre presented the case and set forth the details of the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that 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 November 27, 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 November 27, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. Case #10-2797 Location: Violation: Bank of America 7 Hawthorne Lane CO CH10 SEe. 10-51.5 INe. All property that is vacant or subject to a current notice of default must be registered with the City and maintained in accordance with the maintenance regulations adopted by the City Officer Pierre presented the case and set forth the details of the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that 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 November 27, 2010. The Board has considered the gravity of the 38 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17,2010 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 November 27, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. Violation: Charlene Foley 7889 Manor Forest Lane Lantana, FL CHP. 13, ART. 1 SEe. 13-16 Obtain Business Tax receipt to rent unit. Case #10-3016 Location: Officer Pierre presented the case and set forth the details of the violation. Staff recommended 10 days be given for compliance. Chair Costantino inquired why a property in Lantana had been cited. It was noted an incorrect Zip Code had been entered, showing the Town of Lantana. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Charley Foley 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 November 27, 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 $We $100 per day for each day the violation continues past November 27, 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 the amount of the fine to $100. Mr. LaRock seconded the motion that unanimously passed. Case #10-2747 Location: Violation: Chackman Motels Inc. 706 W. Boynton Beach Blvd. BBA FBC '07 ED. 105.1 Per red tag dated August 30, 2010, roof system shall be evaluated by licensed 39 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17, 2010 roofing contractor for repairs or replacement. Pete Roy, Chief Code and Rehabilitation Officer, presented the case and set forth the details of the violations. Staff recommended 30 days be given for compliance. Mr. Foot inquired whether background was available as to why the roof was in question at this point. Chair Costantino pointed out the meeting materials indicated five HV AC units had been installed on the roof without the benefit of a permit, resulting in a great deal of weight on the roof. Additionally, the tenants had previously complained that the roof leaked. It was noted that the Respondent was a repeat violator. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Chackman Motels Inc. is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before December 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 $400 per day for each day the violation continues past December 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. LaRock seconded the motion. Mr. Blasie explained that pursuant to the photographs taken and his conversation with the Building Department, the air-condition units on the roof had not been properly installed to prevent the water from penetrating the roof, and it was unclear what was required to be done. There was evidence of leaks throughout the tenancy of the building. Mr. LaRock seconded the motion that unanimously passed. Case #10-2767 Location: Violation: Chackman Motels, Inc. 706 W. Boynton Beach Blvd. Suite #111 BBA FBC '07 ED. 105.1 One HV AC top unit was replaced without benefit of permit as set forth on red tag dated August 30, 2010. 40 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17,2010 Officer Roy presented the case and set forth the details of the violations. Staff recommended 30 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 Chackman Motels, Inc. is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before December 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 $200 per day for each day the violation continues past December 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. LaRock seconded the motion that unanimously passed. Case #10-2768 Location: Chackman Motels, Inc. 706 W. Boynton Beach Blvd. Suite #108 BBA FBC '07 ED. 105.1 One HVAC top unit was replaced without benefit of permit as set forth on red tag dated August 30, 2010. Violation: Officer Roy presented the case and set forth the details of the violations. Staff recommended 30 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 Chackman Motels, Inc. is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before December 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 $200 per day for each day the violation continues past December 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. LaRock seconded the motion that unanimously passed. 41 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17, 2010 Case #10-2828 Location: Chackman Motels, Inc 706 W. Boynton Beach Blvd. Suite #101 BBA FBC '07 ED. 105.1 Five HV AC top units were replaced without benefit of permit as set forth on red tag dated August 30, 2010. Violation: Officer Roy presented the case and set forth the details of the violations. Staff recommended 30 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 Chackman Motels Inc. is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before December 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 $1,000 per day for each day the violation continues past December 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. LaRock seconded the motion. Mr. Karageorge explained he recommended a fine of $1,000 in this case, as five HVAC units, rather than one HVAC unit, had been improperly replaced. The motion unanimously passed. Case #10-2916 Location: Violations: Carl s. Singer 220 SW 8th Ave. CO CH10 SEe. 10-s6(A) CO CH10 SEe. 10-s6(b) Mow, weed and trim overgrowth and maintain per City ordinance. Officer Roy presented the case and set forth the details of the violations. Staff recommended 10 days be given for compliance. 42 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17, 2010 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Carl Singer 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 November 27, 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 violations continue past November 27, 2010 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. Case #10-2987 Location: Violation: Citimortgage Inc. 437 W. Ocean Ave. CO CH10 SEe. 10-51.5 INe. Per Ord. 09-040, all property that is vacant or subject to a current notice of default must be registered with the City. Mow, weed and trim hedges. Maintain property to comply with City ordinances. Officer Roy presented the case and set forth the details of the violation. Staff recommended 15 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Citimortgage 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 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 December 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. Mr. LaRock seconded the motion that unanimously passed. Case #10-3033 Location: Amtrust Bank 209 SW 7th Ave. 43 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17, 2010 Violation: CO CH10 SEe. 10-51.5 INe. Per Ord. 09-040, all property that is vacant or subject to a current notice of default must be registered with the City. Property must be maintained in accordance with regulations adopted by the City. Secure structure at all openings to prevent entry by the public. Officer Roy presented the case and set forth the details of the violation, noting the property had been secured. Staff recommended 15 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Amtrust 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 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 $150 per day for each day the violation continues past December 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. Mr. Karageorge seconded the motion that unanimously passed. Case #10-2713 Location: Violations: Sterling Bank 132 NE 12th Ave. CO CH13 SEe. 13-16 CO CH13 SEe. ls-120(D) INe. CH9 NFPAl 07 ED. 11.1.5.3 Obtain Business Tax Receipt to rent unit. Keep property mowed, trimmed and free of loose trash and debris. Remove extension cord running from Unit #6 to the single-family house to the south, as set forth on the red tag dated September 3, 2010. Officer Webb presented the case and set forth the details of the violations. Staff recommended 15 days be given for compliance. 44 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17, 2010 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Sterling Bank 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 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 $200 per day for each day the violations continue past December 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. Mr. Karageorge seconded the motion. Mr. Foot contended the violation constituted a safety hazard and as such, would require an earlier compliance date and a higher fine. Officer Webb advised the extension cord had been removed. It would still be necessary for the Respondent to obtain a Business Tax receipt. Vice Chair Yerzy seconded the motion that unanimously passed. Case #10-2859 Location: Violation: Roger Smith 714 NE 9th Ave. BBA FBC '04 105.4 Renew expired permit #04-3661, and have property inspection as set forth on red tag dated August 31, 2010 Officer Webb presented the case and set forth the details of the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Roger Smith 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 November 27, 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 November 27, 2010 plus administrative costs shall be imposed. The Respondent is 45 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17,2010 further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. Case #10-2977 Location: Violation: Joann Batey 405 NW 1st St. CO CHiO SEe. 10-s6(D) CO CHiS SEe. ls-120(D) Keep property mowed, trimmed and free of all loose trash and debris. Place four-inch house numbers on building to be visible from City street. Officer Webb presented the case and set forth the details of the violations. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Joann Batey 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 November 27, 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 November 27, 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 #10-2979 Location: Violations: Ronnie L Askins 617 NW 5th St. CO CH10 SEe. 10-s6(B) CO CH 10 SEe. 10-56 (D) Keep property mowed, trimmed and free of all loose trash and debris. Place four-inch house numbers on building to be visible from City street. Officer Webb presented the case and set forth the details of the violations. Staff recommended 10 days be given for compliance. 46 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17,2010 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Ronnie l. Askins 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 November 27, 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 November 27, 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 #10-2981 Location: Violation: Isidora R. Johnson 608 NW 5th St. CO CHls SEe. ls-120(D) INe. Keep property mowed, trimmed and free of all loose trash and debris. Remove all outside storage of items not actively being used from carport and from public view. Officer Webb presented the case and set forth the details of the violations. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Isidora R. Johnson 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 November 27, 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 November 27, 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 #10-2982 Location: Targon IV LLC 534 NW 5th St. 47 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17, 2010 Violation: CO CHiS SEe. ls-120(D) INe. Keep vacant property mowed, trimmed and free of all loose trash and debris. Officer Webb presented the case and set forth the details of the violations. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Targon IV 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 November 27, 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 November 27, 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 # 10-3040 Location: Violation: Sandra S. Bailey Trust 512 NE 1st St. CO CHiS SEe. ls-120(D) INe. Remove outside storage of items not actively being used (hot water heater and inoperable vehicles). Officer Webb presented the case and set forth the details of the violations. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Sandra S. Bailey Trust is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before December 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 December 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 48 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17,2010 to arrange for re-inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case #10-3041 Location: Violation: Lamar Nixon 411 NE 2nd St. CO CHiS SEe. ls-120(D) INe. Keep property mowed, trimmed and free of loose trash and debris. Replace missing and cracked windows. Officer Webb presented the case and set forth the details of the violations. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Lamar Nixon 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 November 27, 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 November 27, 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. Officer Pierre recommended Case#10-83s be certified at $100 per day. Case #10-835 Kelsey Manor LLC 3471 High Ridge Rd. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated May 19, 2010, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. Officer Pierre recommended the following cases be certified at $150 per day: 49 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17, 2010 Case #10-2190 Bank United 170 Ocean Pkwy. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated September 15, 2010, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $150 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. Case #10-2130 Jeremy Levine 1241 Sussex St. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated September 15, 2010, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $150 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. Case #10-1985 Jesus & Rhonda Durante 2219 SE 3rd St. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondents have not complied with this Board's Order dated September 15, 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 $150 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. Officer Pierre recommended Case #10-2168 be certified at $250 per day: 50 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17, 2010 Case #10-2168 Chase Home Finance LLC 2141 W. Woolbright Rd. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that the Respondent had not complied with this Board's Order dated September 15, 2010, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $250 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. Officer Pierre recommended a fine be certified for Case #09-2909 in the amount of $250 for one occurrence. Case #09- 2909 High Ridge Properties 640 E. Ocean Ave. 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 Cease and Desist Order dated October 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 occurrence for one occurrence plus administrative costs. Mr. LaRock seconded the motion that passed unanimously. Officer Pierre recommended "No Fine" for the following cases: Case #10-1479 Shafraz & Michele Hassan 662 SW 3rd Ave. Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondents, Shafras & Michele Hassan were in violation of the City of Boynton Beach Code sections as cited subsequent to the date of compliance specified in the Board's Order of July 21, 2010 and in consideration of the gravity of the violations and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents, that this Board impose and certify "No Fine./f Mr. LaRock seconded the motion that unanimously passed. 51 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17, 2010 Case #09-1480 Carmelo & Leonore Vasile 1012 SE 3rd St. Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondents, Carmelo & Leonore Vasile were in violation of the City of Boynton Beach Code sections as cited subsequent to the date of compliance specified in the Board's Order of July 21, 2010 and in consideration of the gravity of the violations and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents, that this Board impose and certify "No Fine." Mr. LaRock seconded the motion that unanimously passed. Officer Pierre recommended Case #10-2313 be tabled to January 19, 2011. Motion Vice Chair Yerzy moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on January 19, 2011. Mr. LaRock seconded the motion that unanimously passed. Officer Pierre recommended Case #08-3379 be tabled to February 16, 2011 Case #08-3379 Forum Shoppes of Boynton LLC 140 N. Congress Ave. Motion Mr. LaRock moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on January 19, 2011. Vice Chair Yerzy seconded the motion that unanimously passed. Reconsideration of Fine Certification Case #10-2021 Lori Podray 220 SW 1st St. Mr. Blasie advised that staff was requesting a Motion to Rescind. The mowing, weeding and trimming violations had been remedied, and the vehicle had been registered. There were service discrepancies, and one of the letters was sent via certified mail to the neighbor across the street. The mailing address on the property owner's Business Tax Receipt was listed in Ocean Ridge rather than the address in Boynton Beach. Pursuant to Florida Statutes, if the property owner had made another address known to 52 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 17, 2010 the City, especially via Business Tax Records, a notice is required to be sent to that address as well. A new case has been initiated for additional violations. Motion Mr. Foot moved to reconsider the case. Mr. LaRock seconded the motion that passed unanimously. Attorney Bridgeman noted a motion was necessary to rescind the Order that was previously entered certifying the fine. Motion Mr. Karageorge so moved. Vice Chair Yerzy seconded the motion that passed unanimously. Mr. Brake requested the meeting materials indicate any changes, including any violations that may have been remedied. Mr. Blasie concurred and noted Mr. Brake's request. VII Adjournment Motion Mr. Brake moved to adjourn. Mr. LaRock seconded the motion that passed unanimously. The meeting adjourned at 8:56 p.m. ~~D~ Stephanie D. Kahn Recording Secretary 11-18-20 53