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Minutes 02-16-11 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, FEBRUARY 16, 2011, AT 6:30 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Richard Yerzy, Vice Chair James Brake Kathleen Carroll (arrived 6:37 p.rn.) Robert Foot Mark Karageorge (arrived 7:13 p.rn.) Kirk LaRock Aimond Alexis, Alternate Scott Blasie, Code Compliance Administrator Shana Bridgeman, Assistant City Attorney ABSENT: Barry Ravel, Alternate I. Call to Order Chair Costantino called the meeting to order at 6:31 p.m. II. Approval of Minutes of December 15, 2010 Minutes, December 20, 2010 Lien Reduction Minutes and January 19, 2011 Minutes. Motion Vice Chair Yerzy moved to approve the December 15, 2010 minutes as amended. Mr. LaRock seconded the motion that unanimously passed. Motion Vice Chair Yerzy moved to approve the December 20, 2010 Lien Reduction minutes as amended. Mr. LaRock seconded the motion that unanimously passed. Motion Mr. Foot moved to approve the January 19, 2011 minutes as amended. Chair Costantino commented she had submitted a correction to Ms. Kahn. Diane Springer, Code Compliance Coordinator, explained all corrections are to be submitted only to Ms. Springer. Vice Chair Yerzy seconded the motion that unanimously passed. 1 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 III. Approval of Agenda Skip Lewis, Senior Code Compliance Officer announced the following: Case Nos: 07-3227,10-3457.10-3609,10-3588 came into compliance. Case Nos:11-102, 11-103, 10-3413, 11-77 were removed. It was requested Case #08-2511 be tabled to April 20. 2011. Motion Mr. Foot moved to table Case #08-2511 to April 20, 2011. Mr. Brake seconded the motion that unanimously passed. Motion Mr. Foot moved to approve the agenda as amended. Vice Chair Yerzy seconded the motion that unanimously passed. IV. Swearing in of witnesses and introduction Attorney Bridgeman explained the hearing procedures. The Recording Secretary administered the oath to all who would be testifying. Officer Lewis called the roll and determined who was present. Case #10-3519 Property Address: Violation(s): Aventine Marketing LLC 1575 SW 8th Street CO CH2 SEC. 2.5-12+13 Excessive false alarms & service fees. Pierre Vestiguerne, Code Compliance Officer, presented the case as contained in the staff report. David Ferreira 3822 Coral Tree Circle, Coconut Creek, the property manager as of February 4, 2011 pled guilty. He requested a payment plan and commented they already submitted $5,200 as of February 14th from the corporate office. He had the financial statement with the email of approval. He had a receipt of previous payments. Chair Costantino suggested tabling the matter; however, staff had not received any payments and the entire balance was still due. Diane Springer, Code Compliance Coordinator, was administered the oath and testified the case was tabled last month because there was a meeting with the new 2 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 management company. Management indicated they would make payments as of that date to reduce the fee and show good faith. As of this morning, nothing was received so the entire amount was owed. Ms. Springer could not testify if she believed there was good faith, only that nothing was received. Mr. Ferreira wanted a six-month payment plan. The Fire and Police Departments are also owed. The fine payments would total $1,600 a month for the next six months. Vice Chair Yerzy was not in favor of an extended payment plan. The Board can only make a finding of guilt or not and issue a compliance date. Mr. Foot suggested allowing one month to see how the payments progressed. The Board could table placing a lien on the property next month if payments were received. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Aventine Marketing 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 April 17, 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 $100 per day for each day the violation continues past April 17, 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. LaRock seconded the motion that unanimously passed. Case #10-1464 Property Address: Violation{ s): Alfred J. & Yvonne Wilson 280 NE 16th Court FBC '04 ED 104.1 .1. Permit required for doors and windows. Red tagged. Luney Guillaume, Code Compliance Officer, presented the case as contained in the Notice of Violation. The Respondents were present. The case was a red tag from the Building Department. Yvonne and Alfred Wilson, 20500 NW 20 Ct. Miami, pled no contest. Attorney Luke Fynn, from Marshall C. Watson, 1800 NW 49th St. Ft. Lauderdale was representing the bank. The property is a foreclosure and would become a bank issue. He requested 60 days to do so. The Motion for Summary Judgment was not yet set. The prior attorney of record had withdrawn. The Respondents had obtained permits. They took the windows out, but by the time they replaced the windows, the permit ran out and the property was in 3 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 foreclosure. He did not know how long it would take to get the permit because they would have to go back to the contractor. Mr. Foot suggested 60 days. The property was secured. Mr. Wilson testified he did not have the money to obtain the permit nor were they living in the dwelling. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Alfred J. & Yvonne Wilson are in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondents correct the violations on or before April 17, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past April 17 2011 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Vice Chair Yerzy seconded the motion that unanimously passed. Case #11-58 Property Address: Violation(s): Ronald Dhaiti & Jules Guerda 732 W. Ocean Avenue CO CH15 SEC 15-120(D) INC CO CH10 SEC. 10-56(B) Remove inoperable vehicle, outdoor stored weight equipment and trash and debris from the property. Officer Lewis presented the case as contained in the Notice of Violation. The equipment was removed from the front. The other violations remained outstanding. Staff recommended 15 days be given for compliance. Ronald Dhaiti, 732 W. Ocean Avenue, and Jules Guerda of the same address were present and pled no contest. They testified they cleaned the front of the house and they needed to obtain the tag, which they planned to do on Friday. Officer Lewis commented the palm fronds were dead laying in the yard, which was considered part of the trash and debris. Mr. Dhaiti indicated he collected the fronds today and sanitation would haul them on Wednesday. Officer Lewis agreed to recheck. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Ronald Dhaiti & Jules Guerda are in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondents correct the violations on or before March 3, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by 4 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past March 3, 2011 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. Case #11-44 Property Address: Violation(s): Isaac James 2867SE 2nd St. CO CH15 SEC 15-120(0) INC Remove all trash. Mow grass and weeds. Mike Melillo, Senior Code Compliance Officer, presented the case as contained in the Notice of Violation. The case arose from a citizen complaint regarding trash, grass and weeds. The Respondent was present. Isaac James, 2867 SE 2nd Street, pled no contest and stated the trash and debris was removed. The weeds grow faster than the grass and he testified he was pulling the weeds. Officer Melillo circulated photographs to the Board. Mr. Foot commented that although he was not listed as a repeat violator for this property, he was cited for other properties. Mr. Isaac noted there were many abandoned properties in that area. He was constantly picking up papers, plus the school bus stops contributed to the debris. He testified he cannot be there every day. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot 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 February 26, 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 $100 per day for each day the violation continues past February 26, 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. Vice Chair Yerzy seconded the motion that unanimously passed. Case #10-3288 Property Address: Violation( s): John Van De Warker 135 SW 1 st Avenue BBA FBC '07 EO.1 05.1 Permits required for interior remodel. Licensed contractor required for work and to obtain permits as stated on the Red Tag. 5 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16,2011 Pete Roy, Chief Code and Rehabilitation Officer, presented the case as contained in the notice of violation. The initial inspection date was December 14, 2010 and notice sent the same day. Ten days was given to correct the violation. The mailing certificate was signed December 31, 2010. The compliance date was February 26, 2011. The Respondent was present. John Van De Warker, 312 SW 11th Avenue, pled no contest and reported he was in limbo. Mr. Van De Warker produced thick files and explained he was trying to comply, He was fighting with the mortgage company who was foreclosing on the property, who was represented by the Law Offices of David Stern. He advised he was in complete limbo at this time. He was trying to work with the foreclosure suit. He contacted another attorney who recommended two options. The first was to demolish the building, He would comply with the City and he would address the mortgage himself. He wants to comply and has a landlord permit for the other side of the property. The City has inspected the property. The City will not subordinate. but would modify. He does not know who will get the foreclosure through because of David Stern. He was aware of the lien that affected his primary home, which now has the lien associated with the two properties. He was two steps away from a deed-in-lieu. He cannot execute the deed in lieu because of the lien from the one property being placed on the other, The other option to comply was to phase the rehabilitation. He does not know what to do. He just negotiated his primary, They renegotiated the settlement, but he still has the lien. He is thinking of tearing down the building. Mr. Brake inquired if the case was coming before the Board as a new case, This came through the Building Department as a Red Tag from 2008. It was noted the Board previously heard the case and certified the lien The property was clean and had no trash. Chair Costantino suggested tabling the case so the Officer could research it further. Motion Ms. Carroll moved to table Case No. 10-3288 for 30 days to March 16, 2011. Mr. LaRock seconded the motion that unanimously passed. If the case was a duplicate case, he would receive some type of communication. Case #10-3482 Property Address: Violation( s): Christopher Ryan 123 SW 14th Avenue CO CH13 SEC. 13-16 CO CH SEC. 10-56(B)(D) Repair driveway if property if rented. Business Tax Receipt will be required. Officer Roy presented the case as contained in the Notice of Violation. The case arose from a routine inspection. The initial inspection date was November 22 2010. Notice 6 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 was issued on December 2, 1010 giving 30 days. The notice was sent certified mail on December 31, 2010 and was signed on December 23, 2010. The house is vacant, so the Business Tax Receipt would not apply. Only the driveway would be addressed. Staff recommended 30 days, March 18, 2011 as a compliance date. Mr. Karageorge arrived. Christopher Ryan, 7422 Waterdance Way, Lake Worth, pled not guilty. Officer Roy circulated photographs to the Respondent and the Board. Mr. Ryan explained the driveway is usable. He called the City to ascertain if he could put rocks in the driveway. The Building Department was unresponsive to his request for information on what he could do. Officer Roy agreed to advise him how to comply after the meeting. He also commented he parked in the City parking lot by the school, which was much worse than his driveway. Mr. Foot disclosed Mr. Ryan was a former client of his. He understood he was able to speak and vote on the matter. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Christopher Ryan 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 April 17, 2011. 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 April 17, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Brake seconded the motion for discussion. Mr. Brake felt 60 days was too long and felt 45 days was still generous to repair the driveway. Mr. Foot also felt $50 would be more appropriate. Mr. Brake thought $100 would be sufficient and discussion followed. Chair Costantino confirmed the motion would be to comply by April 2, 2011 or incur a fine of $100 per day. Vice Chair Yerzy agreed to amend the motion to reflect the change suggested by the Chair. Mr. Brake seconded the motion that passed 6-1 (Ms. Carroll dissenting.) Mr. Karageorge apologized for his tardiness and requested five minutes at the end of the meeting for him to speak. 7 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 Case #10-3520 Property Address: Violation( s): Washington Mutual Bank 110 NW 6th Avenue CO CH1 0 SEC 10-51.5 Inc. Property that is vacant or subject to a current notice of default must be maintained per City Code. Lower trees in rear to prevent them from growing into power lines that could cause fire at location and surrounding properties. Secure building to prevent entry by the public. Willie Webb, Senior Code Compliance Officer. presented the case as contained in the Notice of Violation. The case arose from a citizen complaint. The initial inspection was December 7, 2010. A written notice giving 10 days to comply was sent on December 21, 2010 and signed on December 27, 2010. Regular mail was sent on December 7 2010. The Respondent was present. Philip Weig, with J.P. Morgan Chase Bank, 8500 SW 117th Road, Miami, pled no contest. He spoke with the Code Officer about securing the back door and tree limbs. The property was an abandoned property. He thought the property could be addressed within 30 to 45 days. The property was secured in the past, but it became loose. Discussion turned to securing the property much sooner than within 45 days. The tree limbs were close to the power lines. Mr. Karageorge suggested two motions. One to secure the property and the other for maintaining the trees. Both motions would be a motion finding a violation. The following motion pertained to securing the residence. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Washington Mutual and J.P. Morgan Chase are in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondents correct the violations on or before February 26, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past February 26, 2011 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Brake seconded the motion for discussion. Mr. Foot suggested the amount be amended to $500 per day. Mr. Karageorge amended his motion to $500. Mr. Brake agreed to the amendment. The motion unanimously passed. 8 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 The following motion pertained to the balance of the violations: Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Washington Mutual and J.P. Morgan Chase are in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondents correct the violations on or before March 3, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $250 per day for each day the violation continues past March 3, 2011 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Brake seconded the motion for discussion. Mr. Brake thought a full 30 days was sufficient. The fine was high enough to express the urgency of the matter to the asset manager. Mr. Foot agreed. There was a vote on the motion. The motion failed 2-5 (Messrs. Brake, Foot, LaRock, Vice Chair Yerzy and Ms. Carroll dissenting.) Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Washington Mutual and J.P. Morgan Chase are in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before March 18, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $250 per day for each day the violation continues past March 18, 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. LaRock seconded the motion that unanimously passed. Case #10-1358 Douglas Goodwion 523 NW 8th Court Officer Lewis explained the Respondent left the building. Staff recommended the case be tabled to April 20, 2011. Motion Mr. Karageorge so moved. Vice Chair Yerzy seconded the motion that unanimously passed. 9 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 Case #10-1281 Robert L. Beverly 522 NE 2nd Street Officer Webb presented the case as contained in the Notice of Violation. The violation still exists having 30 days of non-compliance. Robert Beverly, 2642 Chantelle Lane, Tallahassee, explained he was put on hold. He spoke to Officer Webb and Mr. Blasie months ago. There was a hold up with the engineer. The paperwork was in order, but when submitted, there was an issue with the drawing and measurements. He was in limbo and attempted to comply and has communicated with staff. The trash and debris was removed and Mr. Beverly was in process of obtaining a trailer to remove the vehicle. A meeting with the Respondent and Tim Large of the Building Department was scheduled for the next day at 10 a.m regarding the remodel and the addition. A Business Tax Receipt was denied and he needed two permits. The Business Tax Receipt could not be obtained because of the other issues. Discussion followed the two individuals formerly living at the premises had each paid half the rent. A Business Tax Receipt had been needed. Motion Mr. Foot moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on March 16, 2011. Mr. Karageorge seconded the motion that unanimously passed. Mr. Beverly was unaware a fine was imposed on the property. It was noted his Uncle, Mr. Thomas Aiken, was informed of the fine when he appeared on his behalf. Case #09-2520 Stephen & Laura Gallagher 801 South Road Scott Blasie, Code Compliance Administrator took the oath and indicated this lien reduction involves two cases: one for a Business Tax Receipt and the other for Community Appearance Issues. Case # 09-2520 pertained to Community Appearance Issues. The case originated on July 30,2009. The Respondents live on Bamboo Lane. The address of record for the case was South Road. The case was heard September 16, 2009. No one appeared. The date and fine set by the Board was September 26, 2009 or incur a fine of $50 per day. Compliance was documented on February 4, 2011 for a total of 495 days of non-compliance. Mr. Blasie requested Officer Webb testify about the case. Officer Webb testified the case complied prior, but he could not remember the exact date. Officer Webb had a conversation with Mr. Gallagher and the overgrowth was addressed "awhile ago." Mr. Blasie wanted that fact on the record because the photos circulated showed much overgrowth. Steven Gallagher, 816 Bamboo Lane, Delray Beach, confirmed the subject property was located at 801 South Road. The property was located near the Boynton spillway. Mr. Gallagher testified the property was not a distressed property that was ignored. It was a home he owned in the City for 10 years that he paid taxes on and maintained. 10 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 The violation dated back to 2009 and was a rental property. The tenant, at the time, let things overgrow. He does not visit the property on a regular basis, and there were front hedges that became overgrown. The City cited him and posted the premises but he was never made aware of it. It was only when certified mail was sent to the house did he become aware of the violations. The tenant signed for him, which he should not have, and then contacted the owner. When Mr. Gallagher was made aware of the violation in 2009, he immediately called Officer Webb to find out how he could comply. After that, he called the next day and advised the property was trimmed. Officer Webb said he would go out and re-inspect and let him know if there was a problem. That was the last he heard of it since 2009. Recently Mr. Gallagher evicted the tenant and Officer Webb stopped by while his wife was preparing the property for the next tenant and informed his wife of the lien. He was in complete shock. The next morning he was at the Code Compliance office ascertaining how it happened and what he needed to do. Ms. Springer advised him how to comply and he did. He complied the day he received the letter. The file had a February 4, 2011 date of compliance. Mr. Brake asked Officer Webb if the November 10, 2009 date he went to the property and saw the tree trimming could be right. Mr. Brake assumed it was. When staff realized Mr. Gallagher was not living at the property, he inquired if anyone did any research to see what other property he owned. Staff had done so, but accidently misspelled the name from the tax roles. Mr. Gallagher also has two City water accounts. Mr. Gallagher expressed if staff wanted to contact him, they could knock on the door where the tenant lived or have spoken with anyone from the neighborhood. Chair Costantino reminded Mr. Gallagher it was his responsibility to notify the tax entities of his current address. It was not staff's responsibility to hunt the owner down. Officer Webb testified he did knock on the door and left his card, but he could never catch the tenant. Mr. Gallagher commented he could not remember the exact compliance date, but he did comply immediately. He thought the date from the certified mail receipt would be around when he complied. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondents have complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of September 16, 2009 to an amount of $2,634.12 including administrative costs. Mr. Brake seconded the motion that passed 6-1 (Ms. Carroll dissenting). Case #09-3554 Stephen & Laura Gallagher 801 South Road 11 Meeting Minutes Code Compliance Board Boynton Beach, Fl February 16, 2011 Mr. Blasie presented the case having to do with the same respondents and which pertained to a Business Tax Receipt. The case was cited November 10, 2009 and was heard by the Board on December 16, 2009. No one appeared and a compliance date and fine was established for December 26, 2009 or incur a fine of $100 per day Compliance was achieved on February 4. 2011 having 404 days of non-compliance. Steve Gallagher, 816 Bamboo Lane, Oelray Beach, testified back in 2009 he was only informed about the hedges. He had never heard they had to have a Business Tax Receipt to rent in the City. He testified he spoke with several individuals owning rental properties and his wife is in real estate. The requirement is unpublicized and selectively enforced. He was sure there were many properties that rent without the Business Tax Receipt. If it was a violation, he inquired why he was not notified when the hedges were an issue. Vice Chair Yerzy sympathized but pOinted out ignorance of the law was no excuse. Mr. Brake explained in November 2009 he met with Mr. Webb about the trees, at which time he was not receiving notices. At that time, he had not changed his contact information for the tax roles. Mr. Gallagher agreed, but pointed out he did not know that was the problem. He did inform Code Compliance how to get in touch with him and he informed the tenant to forward him any information that he needed. No one said the problem was because of the tax bill. Chair Costantino pointed out that, as with any business, one would approach the municipality to find out about licenses. Mr. Gallagher conceded he would if it was a business. Chair Costantino explained renting property in the City is a business and it should have been a priority. Mr. Gallagher responded when he found out about the requirement, he complied, but there was no communication. When speaking about the hedges, he was not told about the Business Tax Receipt and he assumed Code Compliance had the proper contact information. Mr. Karageorge noted many properties pay the Business Tax each year and it is enforced in a fair and just manner. He disagreed with Mr. Gallagher's comment that the provision is selectively enforced. Code Compliance has been enforcing it for over 20 years. The Board takes the regulation very seriously. The Board does not want property rented that is unsafe. Mr. Karageorge expressed sympathy for Mr. Gallagher and for staff misspelling his name during their search for Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondents have complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Brake 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 $2,000 including administrative costs. Mr. Karageorge seconded the motion for discussion. 12 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 Mr. Karageorge questioned Mr. Brake how he arrived at the $2,000 fine amount. Mr. Brake responded it sounded "pretty." Mr. Gallagher did not want an arbitrary number and took exception to the comment made. Mr. Brake apologized if he offended Mr. Gallagher, but he wanted the amount to be less than $4,000, which is what the Board would normally consider. While it may sound arbitrary to Mr. Gallagher, it was upsetting to the other Board members and that was why he was questioned about it. The number was low for the Board. He was not trying to insult Mr. Gallagher. The Board wanted $4,000 to $5,000. Mr. Brake acknowledged that Mr. Gallagher had a point about the property and if Mr. Gallagher's name was spelled right, someone would have found him. But he asserted Mr. Gallagher did rent to two different individuals and made money on the property as a business. There was a successful business at the property that the City did not inspect to ensure it was safe. If the City had, perhaps the issue with the tree trimming could have been averted because the inspector would have inspected the property and made a finding. Mr. Foot expressed $2,000 was low for a man of Mr. Gallagher's sophistication and Mr. Foot acknowledged he would have suggested at least $2,634, plus administrative costs. He did not believe someone with Mr. Gallagher's background should be let off the hook. Chair Costantino thought $10,000 was appropriate. Mr. Karageorge was looking at $4,634.12. He was compassionate that there was a communication problem and inquired if Mr. Brake would amend his motion to $4,634.12 including administrative costs. Mr. Brake responded his motion stood. There was a vote on the motion. The motion passed 4-3 (Messrs. Foot and Karageorge and Chair Costantino dissenting.) Ms. Carroll inquired if Mr. Gallagher had contacted the Tax Collector's office to update his address. Mr. Gallagher responded he had not. Mr. Blasie explained the appeal procedures. Once the minutes are received, a seven- day review process begins. The City Commission can review it, approve or deny it, adjust, uphold or dismiss the matter. Case #10-568 Cenlar Federal Savings Bank 132 NW 4th Avenue Mr. Blasie presented the case which was originally cited March 1, 2010 for violations of the Community Appearance Code and property registration. The lien was only for the registration. The mowing of grass and weeds complied within the timeframe imposed by the Board. The case was heard April 21, 2010. Attorney James Karrat appeared and a date and fine was set to comply by May 1, 2010 or incur a fine of $100 per day. Staff documented compliance regarding the Property Registration on February 9, 2011 13 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 having 283 days of non-compliance plus the administrative costs. Mr, Blasie had one photograph for the Board. James Roath, 10620 NW 28th Manor, Sunrise, was a loss mitigation specialist with the law firm of Gary A. Singer, P.A. and had negotiated a short sale on the property. The deal was set to close. He was made aware of the issue from the lien search which was about $3,000 or $4,000 less than the value of the property. When he found out about the issue, he discussed it with Ms. Springer and Mr. Blasie and he had property registered within 24 hours. The law firm representing Cenlar. When they registered the property and found out about the lien, he addressed it right away and sent the check. Mr. Blasie explained the property was never an issue as to maintenance. Mr. Karageorge explained the violation runs with the owner. Jim Holmquist, the listing Real Estate Agent on the property, explained there was a contract in place and the property will be a rental property. The selling price was $31,000 and the closing would be deferred. Cenlar indicated the property needs to close by the 28th. The seller will sign a promissory note to the mortgage company for $6,800, The realtor is also contributing through her commission 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 April 21, 2010 to an amount of $2,634.12 including administrative costs. Mr. Karageorge seconded the motion that unanimously passed. Case #10-3188 HSBC Mortgage Services Inc. 140 SE 28th Court Mr. Blasie requested since the violations associated with Case #10-3188 complied, that the Board certify the case as "No Fine" so they could move forward with the lien reduction. Motion Based on testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that the Respondent, HSBC Mortgage Services Inc. was in violation of the City of Boynton Beach Code sections as cited subsequent to the date of compliance specified in the Board's Order of December 15, 2010, and in consideration of the gravity of the violations and the actions taken by the Respondent to 14 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 remedy the violations and the previous violations of the Respondent, that this Board impose and certify "No Fine." Ms. Carroll seconded the motion that unanimously passed. Case #09-3367 HSBC Mortgage Services Inc. 140 SE 28th Ct. Mr. Blasie presented the case as contained in the Notice of Violation. The property was cited on October 20, 2009 for violations of the Community Appearance Code and Property Registration. The case was heard December 16, 2009. No one appeared. A compliance date and fine was established as December 26, 2009 or $500 because of the pool. Staff documented compliance on January 12, 2011, having 381 days of non- compliance plus administrative costs. Mr. Blasie had photographs he circulated to the Board. The property was a foreclosure. The property was non-compliant due to the property registration. Carl Sugarman, 17345 S Dixie Highway, representing HSBC had an email from a company called Safeguard, that the pool was shocked on March 4, 2010. The pool was secure and the fence was fixed on the same day. Mr. Sugarman did not know why the City of Boynton Beach was not notified. The actual Certificate of Title was issued April 28, 2010. The case was brought in 2009. The title search had an effective date of February 26, 2010. The lien was recorded March 8, 2010. When they did the original title search, the title company missed the lien by about eight days and although they did not own the property, they undertook to fix it. The property was vacated and secured before filing the foreclosure suit. When the Certificate of Title was issued, the property was fully in compliance. The email was dated March 4, 2010, which was the sale date, and was in compliance. The Certificate of Title was issued a month later Mr. Sugarman thought there may be a contract, but believed it may be on hold. He also did not have any information about the value of the property. Chair Costantino questioned the REO guidelines and how it compared to the Code. Mr. Blasie explained there were standards. Mr. Blasie explained if the company fixed the fence, the pool was secure. There was a padlock on the gate. The real estate broker sent an email dated March 24 saying the gate was locked. 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. Foot 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 15 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16,2011 amount of $33,000 including administrative costs. Mr. Karageorge seconded the motion The motion passed 6-1 (Ms. Carroll dissenting.) The Board took a short recess at 8:28 p.m. The meeting reconvened at 8.'38 p.m. Case #08-2373 Property Address: Violation(s): Stonehaven Homeowners Association 1822 Stonehaven Drive LDR CH 14 SEC.11 LDR CH7.5 II SEC. 5(B) Repair potholes in road, replace missing trees and shrubs in accordance with site/landscape plan on file with the City. John Herring, Code Compliance Officer, presented the case as contained in the Notice of Violation. Staff recommended 60 days be given for compliance, by April 17, 2011. Officer Herring visited the property to meet with the Association and they once again, changed board members. The change over was the rationale for the 60 days. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Stonehaven Homeowners' Association 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 April 17, 2011. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past April 17, 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. Karageorge seconded the motion that unanimously passed. Case #10-564 Property Address: Violation(s): Salvatore M. DeCanio 211 E. Boynton Beach Boulevard CO CH1 0 EC 10-56(B)(D) Repair or replace canopy materials on overhang extension in front of your building. Replace dead grass around building. Officer Webb presented the case as contained in the Notice of Violation. Staff recommended 30 days be given to correct the violation by March 18, 2011. This was the only case the Board had and it was tabled several times. The first deal regarding the property fell through. The deal was renegotiated to get the loan approved. Officer 16 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 Webb commented he usually hears from the Respondent, but in this instance, he had not. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Salvatore M. DeCanio 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 March 18, 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 March 18, 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. LaRock seconded the motion that unanimously passed. Case #10-3429 U.S. Bank National Association (125 Arthur Ct.) 125 Arthur Court CO CH12 SEC.1 0-51.5 Inc. Property that is vacant or subject to default must be maintained in accordance with adopted property maintenance regulations. Install proper pool barrier to secure pool. Pool must be maintained in a clean and sanitary condition. Remove trash in carport. Property Address: Violation( s): Officer Guillaume presented the case as contained in the Notice of Violation. Staff recommended 10 days be given to correct the violation. The pool was unsecured. Mr. Brake preferred seven days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that U.S. Bank National Association (125 Arthur Ct.) is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before February 23, 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 $500 per day for each day the violation continues past February 23, 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 17 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 compliance with this Order. passed. Mr. Karageorge seconded the motion that unanimously Case #10-3542 Property Address: Violation( s): John W. Field Jr. 311 Ocean Parkway CO CH15 SEC.15-120(D) Inc. Mow lot. Remove trash and debris. Officer Guillaume presented the case as contained in the Notice of Violation. Staff recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that John W. Field, Jr. is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before February 26, 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 $200 per day for each day the violation continues past February 26, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case #10-3499 Property Address: Violation(s): JHA Holdings \I LLC 1504 S. Seacrest Boulevard CO CH15 SEC.15-120(D) Inc. CO CH10 SEC 10-56(G) Remove outside storage and trash and debris. Officer Herring presented the case as contained in the Notice of Violation. Staff recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that JHA Holdings II 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 February 26, 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 February 26, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order 18 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. Case #10-3584 Wachovia Mortgage Corp. (405 SE 21st Ave.) 405 SE 21 st. Ave. CO CH1 0 SEC.1 0-51.5 Inc. Property that is vacant or subject to default must be registered with the City and maintained per Code. Repair or replace broken and missing windows. Secure all unsafe electrical. Repair or replace broken and/or missing drywall. Mow, weed and trim property. Remove trash & debris. Replace missing garage door. Repair and or replace broken interior and exterior doors. Property Address: Violation( s): Officer Herring presented the case as contained in the Notice of Violation. Staff recommended 10 days be given to correct the violation. The violation was a safety hazard. Mr. Brake preferred seven days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Wachovia Mortgage Corp. (405 SE 21st Ave.) is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before February 23, 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 $1,000 per day for each day the violation continues past February 23, 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. Karageorge seconded the motion that unanimously passed. Case #10-3611 Property Address: Violation( s): Y ohaira & Mario Castillo 1503 NE 2nd Court CO CH13 SEC. 13-16 Business Tax Receipt required to rent property. Officer Lewis presented the case on behalf of Officer Cain and reviewed the details as contained in the Notice of Violation. Staff recommended 15 days be given to comply, March 3, 2011. 19 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Y ohaira & Mario Castillo 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 March 3, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past March 3, 2011 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. Case #10-3379 Property Address: Violation(s): Violation(s): Brownstone Management LLC 1500 SW 30th Avenue BBA FBC '07 ED. 105.1 Obtain permits for installation of doorway in tenant fire-rated wall and spray paint booth station as noted in red tag. Officer Lewis presented the case and reviewed the details as contained in the Notice of Violation. Staff recommended 60 days be given to comply, April +, 17, 2011. Officer Lewis explained there was more to the red tag than just the paint booth. The Respondent was a repeat offender and was still in operation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Brownstone Management 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 April +, 17, 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 $100 per day for each day the violation continues past April +, 17. 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. It was noted the Respondent was a repeat offender. Mr. Brake amended his motion to a fine of $250 per day. Mr. Karageorge seconded the amendment that unanimously passed. Case #10-3510 Property Address: Martin Diaz & Piedad Guarnizo 1067 SW 28th Avenue 20 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 Violation(s): CO CH15 SEC 15-120(D) Inc. CO CH1 0 SEC 10-56(B) Mow and trim overgrown yard areas, trim overgrown tree in front yard. Store garbage contained in side yard area after pickup. Remove outside stored items, plywood, etc. Officer Lewis presented the case and reviewed the details as contained in the Notice of Violation. Staff recommended 15 days be given to comply, March 3, 2011. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Martin Diaz & Pied ad Guarnizo are in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondents correct the violations on or before March 3, 2011. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past March 3, 2011 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. Case #10-3537 Property Address: Violation( s): Boynton Properties LLC 1635 SW 30th Avenue CO CH10 SEC 10-2; CO CH10 SEC 10-56(B) BBA FBC '07 ED. 105.1; LDR CH2 SEC 4(N) LDR CH 21 I SEC 5; LDR CH2 SEC 8(A) INC. Remove construction materials, trailers, concrete, etc. stored on vacant lot. Property needs to be mowed, trimmed and leveled. Remove non-permitted fence and real estate signs. Remove inoperable vehicles stored on vacant parcel. Officer Lewis presented the case and reviewed the details as contained in the Notice of Violation. Staff recommended 60 days be given to comply, April 17, 2011. Discussion followed about the recommended compliance period. There had been meetings with the Respondents and staff was agreeable to the request for 60 days. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Boynton Properties LLC are in violation of the City of 21 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 Boynton Beach Code section cited and moved to Order that the Respondents correct the violation on or before April 17. 2011, The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondent and hereby orders that jf the Respondent does not comply with this Order a fine in the amount of $100 per day for each day the violation continues past April 1 2011 plus administrative costs shall be imposed, The Respondent is further ordered m 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 #10-3623 Property Address: Violation(s): Brownstone Management LLC 1500 SW 30th Avenue BBA FBC '07 ED. 105.1 Obtain permits for installation of storage racks over 8' as noted in red tag. Officer Lewis presented the case and reviewed the details as contained in the Notice of Violation. Staff recommended 30 days be given to comply. The tenant was in the process of having the permits signed off, Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Brownstone Management 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 March 18, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $250 per day for each day the violation continues past March 18, 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. LaRock seconded the motion that unanimously passed, Case #10-3505 Property Address: Violation(s): Aurora Loan Services LLC - 3635 SE 2nd St. 3635 SE 2nd Street CO CH15 SEC 15,120)D) Inc. Remove or register car and truck in backyard. Officer Melillo presented the case and reviewed the details as contained in the Notice of Violation. Staff recommended 10 days be given to comply. 22 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Aurora Loan Services LLC - 3635 SE 2nd St. is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before February 26, 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 February 26, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case #10-3610 Property Address: Violation( s): Sunshine Investment Group 201 SE 22nd Avenue CO CH13 SEC. 13-16 Obtain a Business Tax Receipt to rent property. Officer Melillo presented the case and reviewed the details as contained in the Notice of Violation. Staff recommended 10 days be given to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Sunshine Investment Group 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 February 26, 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 $200 per day for each day the violation continues past February 26, 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 #11-18 Property Address: Violation( s): Raymond & Linda J. Avallone 3210 SE 2nd Street CO CH13 SEC. 13-16 Obtain a Business Tax Receipt to rent one side of duplex property and for Assisted Living Facility (ALF.) 23 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 Officer Melillo presented the case and reviewed the details as contained in the Notice of Violation. Staff recommended 10 days be gIven to comply. The case Involved two licenses and it was noted there were three residents in the ALF Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Raymond & Linda J. Avallone are in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondents correct the violations on or before February 26, 2011. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $250 per day for each day the violation continues past February 26, 2011 plus administrative costs shall be imposed The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. Case #11-26 Property Address: Violation( s): John & Jennifer Davis 3010 SE 2nd Street CO CH13 SEC. 13-16 CO CH15-120(D) Inc. Obtain a Business Tax Receipt. Remove outside storage and trash, mow grass and weeds. Officer Melillo presented the case and reviewed the details as contained in the Notice of Violation. Staff recommended 10 days be given to comply, February 26,2011. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that John & Jennifer Davis are in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondents correct the violations on or before February 26, 2011. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past February 26, 2011 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Brake seconded the motion that unanimously passed. Case #11-27 Property Address: Carline Saint Felix 2930 SE 2nd Street 24 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 Violation( s): CO CH15-120(D) Inc. Remove outside storage and trash, mow grass and weeds. Officer Melillo presented the case and reviewed the details as contained in the Notice of Violation. Staff recommended 10 days be given to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Carline Saint Felix 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 February 26, 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 February 26, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case #10-3392 Countrywide Home Loans (21 Fawkland Circle) 21 Fawkland Circle CO CH10 SEC. 10-51.5 Inc. Property that is vacant or subject to default must be registered and maintained with the City per City Code. Property Address: Violation( s): Officer Pierre presented the case and reviewed the details as contained in the Notice of Violation. Staff recommended 10 days be given to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Countrywide Home Loans (21 Fawkland Circle) 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 February 26, 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 $100 per day for each day the violation continues past February 26, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Brake seconded the motion that unanimously passed. 25 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 Case #10-3454 Property Address: Violation(s ): Michael Alexander & Sabrina Diotte 501 W, Ocean Avenue CO CH1 0 SEe. '10-56(A)(B) Mow, weed and trim overgrowth (planter area.) Remove unregistered/inoperable vehicles from property Officer Roy presented the case and reviewed the details as contained in the Notice of Violation. Staff recommended 10 days be given to comply. The Respondents were repeat violators. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Michael Alexander & Sabrina Diotte 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 February 26, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $200 per day for each day the violation continues past February 26, 2011 plus administrative costs shall be imposed The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order, Ms. Carroll seconded the motion that unanimously passed. Case #10-3484 Property Address: Violation( s): Bank of New York (215 SW 1st Street) 215 SW 1 st Street CO CH10 Sec. 10-51.5(lnc.) Property that is vacant or subject to default must be registered with the City and maintained per City Code. Remove trash and debris and mow overgrowth. Officer Roy presented the case and reviewed the details as contained in the Notice of Violation. Staff recommended 10 days be given to comply. The Respondent was repeat violator. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Bank of New York (215 SW 1 st Street) 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 February 26, 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 26 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past February 26, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Brake seconded the motion that unanimously passed. Case #11-05 Property Address: Violation( s): Wayne Course 449 NW 1st Avenue CO CH15 SEC. 15-120 (D) Inc. Remove tires from property. Officer Roy presented the case and reviewed the details as contained in the Notice of Violation. Staff recommended 10 days be given to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Wayne Course 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 February 26, 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 $100 per day for each day the violation continues past February 26, 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. Karageorge seconded the motion that unanimously passed. Case #11-25 Property Address: Violation( s): Citimortgage Inc. (115 SW 9th Avenue) 115 SW 9th Avenue CO CH10 SEC. 10-51.5 Inc. Property that is vacant or subject to default must be registered and maintained per City Code. Mow, weed and trim property. Officer Roy presented the case and reviewed the details as contained in the Notice of Violation. Staff recommended 10 days be given to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Citimortgage Inc. (115 SW 9th Avenue) is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before February 26, 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 27 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past February 26, 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. Karageorge seconded the motion that unanimously passed. Case #11-33 Property Address: Violation(s): Suntrust Mortgage Inc. (412 SW 10th Ave.) 412 SW 10th Avenue CO CH1 0 SEe. 10-51.5 Inc. Property that is vacant or subject to default must be registered and maintained per City Code. Secure property. Remove trash and debris. Officer Roy presented the case and reviewed the details as contained in the Notice of Violation. Staff recommended 10 days be given to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Suntrust Mortgage Inc. (412 SW 10th Ave.) is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before February 26, 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 $200 per day for each day the violation continues past February 26, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Brake seconded the motion for discussion. The property was unsecured. Mr. LaRock amended his motion to reflect a seven-day compliance date (February 23, 2011) and a fine of $1 ,000 per day. Mr. Brake agreed with the amendment. The motion passed unanimously. Case #11-53 Property Address: Violation( s): Kesnel Phillipe 306 SW 4th Avenue CO CH10 SEC. 10-56(A) (B) Remove trash and debris from property. Officer Roy presented the case and reviewed the details as contained in the Notice of Violation. Staff recommended 10 days be given to comply. 28 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Kesnel Phillipe 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 February 26, 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 February 26, 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. Karageorge seconded the motion that unanimously passed. Case #11-54 Bayview Loan Servicing LLC (401 S. Seacrest Boulevard) 401 S. Seacrest Boulevard CO CH 13 SEC. 13-16 CO CH1 0 SEC. 10-56(A) (E) Business Tax Receipt required to rent residence. Apartment No. 2 smoke alarm needs replacement. Replace air conditioner and missing outlet covers. Property Address: Violation(s): Officer Roy presented the case and reviewed the details as contained in the Notice of Violation. Staff recommended 30 days be given to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Bayview Loan Servicing LLC (401 S. Sea crest Boulevard) 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 March 18, 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 $200 per day for each day the violation continues past March 18, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Brake seconded the motion for discussion. Discussion followed why 30days would be suggested. Officer Roy explained a representative was present earlier in the meeting. Officer Roy explained what needed to be done to the Respondent and wanted to provide enough time to correct the violation. Some of the units were occupied. 29 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 There was a vote on the motion that unanimously passed Case #11-74 Property Address: Violation(s): Emile & Marie Celestin 326 SW 14th Avenue BBA FBC '04 105.1.1 Windows installed without permit. Red tagged. Officer Roy presented the case and reviewed the details as contained in the Notice of Violation. Staff recommended 10 days be given to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr Brake moved that this Board find that Emile & Marie Celestin 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 February 26, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $150 per day for each day the violation continues past February 26, 2011 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr LaRock seconded the motion that unanimously passed Case #11-75 Property Address: Violation( s): Dieufort & Yanick Louise-Jeune 469 SW 2nd Avenue BBA FBC '04105.1.1 Windows installed without permit. Red tagged. Officer Roy presented the case and reviewed the details as contained in the Notice of Violation. Staff recommended 10 days be given to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Dieufort & Yanick Louise-Jeune 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 February 26, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $150 per day for each day the violation continues past February 26,2011 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed 30 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 Case #10-2011 Property Address: Violation( s): Rosa Sakir 670 South Road CO CH10 SEC. 10-24(A) (1); CO CH15-120(D) Inc.: CO CH20 SEC 20-6 Remove weeds from driveway and define driveway with concrete, asphalt or more rocks. Remove construction material and other items not actively used from public view. Remove garbage cart from public view after collection. Remove unlicensed and unregistered boats, trailers and truck. Officer Webb presented the case and reviewed the details as contained in the Notice of Violation. Staff recommended 30 days be given to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Rosa Sakir 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 March 18, 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 March 18,2011 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 #10-3490 Property Address: Violation( s): SunTrust Bank (104 NW 5th Avenue) 104 NW 5th Avenue CO CH1 0 SEC. 10-51.5 (Inc.) Property that is vacant or subject to default must be registered and maintained per City Code. Mow and trim property, and keep free from loose trash and debris. Trim overgrowth and secure building. Replace broken and missing windows. Repair wooden fence gate. Remove unlicensed and inoperable vehicle. Officer Webb presented the case and reviewed the details as contained in the Notice of Violation. Staff recommended 10 days be given to comply. The property was unsecured. Motion 31 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Suntrust Bank (104 SW 5th Avenue) is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before February 26, 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 $500 per day for each day the violation continues past February 26, 2011 plus administrative costs shall be imposed. The Respondent IS further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms Carroll seconded the motion that unanimously passed Case #10-3511 Property Address: Violation( s): Wells Fargo Bank (403 NW 11th Avenue) 403 NE 11 th Avenue CO CH1 0 SEC. 10-51.5 (Inc.) Property that is vacant or subject to default must be registered and maintained per City Code. Officer Webb presented the case and reviewed the details as contained in the Notice of Violation. Staff recommended 10 days be given to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Wells Fargo Bank (403 NE 11th Avenue) is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before February 26, 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 $100 per day for each day the violation continues past February 26, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Brake seconded the motion that unanimously passed. Case #10-3521 Countrywide Home Loans (206 NE 12th Avenue) 206 NE 12th Avenue CO CH10 SEC. 10-51.5 (Inc.) Property that is vacant or subject to default must be registered and maintained per City Code. Property Address: Violatio n( s): 32 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 Officer Webb presented the case and reviewed the details as contained in the Notice of Violation. Staff recommended 10 days be given to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Countrywide Home Loans (206 NE 12th Avenue) is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before February 26, 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 $500 per day for each day the violation continues past February 26, 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. Karageorge seconded the motion that unanimously passed. Case #10-3585 Property Address: Violation( s): Doris Jefferson 1301 NE 3rd Street BBA FBC '04105.1.1 Windows installed without permit. Red tagged. Officer Webb presented the case and reviewed the details as contained in the Notice of Violation. Staff recommended 15 days be given to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Doris Jefferson 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 March 3, 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 $500 per day for each day the violation continues past March 3, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. 33 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 Case #11-08 Property Address: Violation(s): Christopher Drakeford 626 NW 5th Avenue CO CH15 SEC 15-120(B) 1; CO CH15 SEe. 15-120(D) INC.; CO CH10 SEC 10-56(0); CO CH13 SEe. 13-16 Remove outside storage of items stored in City right-of-way including vehicles. Place four-inch house numbers on building, visible from the street. Water heater needs permit. Officer Webb presented the case and reviewed the details as contained in the Notice of Violation. Staff recommended 10 days be given to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Doris Jefferson 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 February 26, 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 $1,000 per day for each day the violation continues past February 26, 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 LaRock seconded the motion that unanimously passed Case #11-40 Property Address: Violation(s): Bank of New York (512 NW 9th Ave.) 512 NW 9th Avenue CO CH1 0 SEC 10-51.5 INC Property that is vacant or subject to default must be registered and maintained per City Code. Property must be mowed, trimmed and free of all loose trash and debris. Officer Webb presented the case and reviewed the details as contained in the Notice of Violation. Staff recommended 10 days be given to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that Bank of New York (512 NW 9th Avenue) is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before February 26, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any 34 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 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 February 26, 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. LaRock seconded the motion that unanimously passed. Case #11-59 Wells Fargo Bank National Assoc. TRS (233 NW 5th Court) 233 NW 5th Court CO CH10 SEC 10-51.5 INC Property that is vacant or subject to default must be registered and maintained per City Code. Property must be mowed, trimmed and free of all loose trash and debris. Property Address: Violation( s): Officer Webb presented the case and reviewed the details as contained in the Notice of Violation. Staff recommended 10 days be given to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Wells Fargo Bank National Assoc. TRS (233 NW 5th Court) is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before February 26, 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 $1,000 per day for each day the violation continues past February 26, 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. LaRock seconded the motion that unanimously passed. Case #11-70 Property Address: Violation( s): David Julsaint & Rose Guervil 116 NW 6th Avenue CO CH13- SEC 13-16 Business Tax Receipt required for rental of property. Officer Webb presented the case and reviewed the details as contained in the Notice of Violation. Staff recommended 10 days be given to comply. Motion 35 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that David Julsaint & Rose Guervil (Wells Fargo Bank sic) 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 February 26, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $500 per day tor each day the violation continues past February 26, 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. Karageorge seconded the motion that unanimously passed. Officer Lewis recommended the following case be certified at $25 per day: Case No. 10-3185 Bertha Elmond 2915 SE 2nd Street Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated December 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 $25 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Officer Lewis recommended the following cases be certified at $50 per day: Case No. 10-3076 Joseph & Carmelite Reache 143 NE 16th Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that the Respondents have not complied with this Board's Order dated December 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 $50 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case No.1 0-3218 Aurora Loan Services 2710 SW 7th Street Motion 36 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that the Respondent has not complied with this Board's Order dated December 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 $50 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case No. 10-3140 Sharese & Lennis Gillard NE 13th Avenue (Vacant Lot) Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that the Respondents have not complied with this Board's Order dated December 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 $50 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Officer Lewis recommended the following cases be certified at $100 per day: Case No.1 0-2714 Charles Phillippe 337 SW 5th Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated October 20, 2010 and having considered the gravity of the violations and the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case No.1 0-3211 Wells Fargo Bank NA 2541 NW 2nd Street Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated December 15, 2010, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine 37 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case No. 10-3053 Rolande Lovinsky & Amson Cetoute 508 NW 8th Street 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 December 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 $100 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Officer Lewis recommended the following cases be certified at $150 per day: Case No. 09-1227 Boynton Plaza 111 N. Congress Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that the Respondent has not complied with this Board's Order dated October 20, 2010, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $150 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case # 10-3026 JP Morgan Chase Bank 3805 S. Lake Drive Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that the Respondent has not complied with this Board's Order dated November 17, 2010, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $150 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case #10-3190 US Bank National Assoc. 134 SE 31st Avenue 38 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that the Respondent has not complied with this Board's Order dated December 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. Ms. Carroll seconded the motion that unanimously passed. Case No. 10-3122 Rolande Lovinsky & Amson Cetoute 508 NW 8th Street Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that the Respondents have not complied with this Board's Order dated December 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. Ms. Carroll seconded the motion that unanimously passed. Case No. 10-3141 JP Morgan Chase N.A. 229 NE 11th Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that the Respondent has not complied with this Board's Order dated December 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. Ms. Carroll seconded the motion that unanimously passed. Officer Lewis recommended the following case be certified at $250 per day: Case No. 10-3174 Francois Baptiste & Alourde Normil 115 NW 14th Ave. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that the Respondents have not complied with this Board's Order dated December 15, 2010 and having considered the gravity of the violations, the actions taken by the Respondents, that this Board impose and certify a 39 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 fine in the amount of $250 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entereo based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case No. 10-3117 US Bank National Assoc. 436 SW 7th Court Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that the Respondent has not complied with this Board's Order dated December 15, 2010 and having considering 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. Ms. Carroll seconded the motion that unanimously passed. Case No. 10-3153 Bob Katz Property Inc. 511 NE 4th Street Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that the Respondent has not complied with this Board's Order dated December 15, 2010 and having considered the gravity of the violations, the actions taken by the Respondent. that this Board impose and certify a fine in the amount of $250 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Officer Lewis recommended the following case be certified at $300 per day: Case No. 10-3094 HSBC USA National Assoc. 460 Ocean Parkway Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that the Respondent has not complied with this Board's Order dated December 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 $300 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Officer Lewis recommended the following cases be certified at $500 per day: 40 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 Case No.1 0-3091 Bank of America 18 Las Islas 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 December 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 $500 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. Case No. 10-3117 US Bank National Assoc. 436 SW 7th Court Case No. 10-3117 had two Board Orders. The second Board order was certified at $250 per day earlier in the meeting. This Board certification pertains to the first Board Order having to do with the gate. 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 December 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 $500 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed Officer Lewis recommended the following cases be certified at $1,000 per day: Case No. 10-3168 Bank of New York Trust 1625 NE 2nd Street Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated December 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 $1,000 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. Case No. 10-3146 Citibank Na. 3350 Ocean Parkway Motion 41 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 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 December 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 $1,000 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. Case No. 10-3189 BAC Home Loans Servicing, LP 1101 W. Fairfax Circle 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 December 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 $1,000 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. Officer Lewis recommended the following cases be certified as zero dollars or "No Fine": Case No.1 0-2678 Boynton Shoppes Acquisition 2212 N. Congress Ave. Boynton Ale House Motion Based on testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that the Respondent, Boynton Shoppes Acquisition, Boynton Ale House was in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Order of November 17. 2010, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify "No Fine." Mr. LaRock seconded the motion that unanimously passed. Case No. 10-2385 John & Patricia Virgil 2880 NE 4th Street Motion Based on testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that the Respondents, John and Patricia Virgil, were in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Order of October 20. 2010, and in consideration of 42 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 the gravity of the violation and the actions taken by the Respondents to remedy the violation and the previous violations of the Respondents, that this Board impose and certify "No Fine." Mr. LaRock seconded the motion that unanimously passed. Case No. 10-2641 Metlife Home Loans 3310 Canal Drive Motion Based on testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that the Respondent, Metlife Home Loans, was in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Order of October 20, 2010, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify "No Fine." Mr. LaRock seconded the motion that unanimously passed. Case No.1 0-2713 Sterling Bank 132 NE 12th Avenue Motion Based on testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that the Respondent, Sterling Bank, was in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Order of November 17, 2010, and in consideration of the gravity of the violations and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent, that this Board impose and certify "No Fine." Mr. LaRock seconded the motion that unanimously passed. Case No.1 0-2742 Mazzocchi Investments LLC 2616 NE 4th Court Motion Based on testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that the Respondent, Mazzocchi Investments LLC, was in violation of the City of Boynton Beach Code sections as cited subsequent to the date of compliance specified in the Board's Order of November 17, 2010, and in consideration of the gravity of the violations and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent, that this Board impose and certify "No Fine." Mr. LaRock seconded the motion that unanimously passed. Case No. 10-3199 Guy N. & Nancy Smith 220 SW 8th Street Motion 43 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 Based on testimony and evidence presented in the aforementioned case. Mr. Brake moved that this Board find that the Respondents, Guy N. & Nancy Smith 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 December 15, 2010, and in consideration of the gravity of the violations and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents, that this Board impose and certify "No Fine." Mr. LaRock seconded the motion that unanimously passed Case No. 10-3191 Suntrust Mortgage 135 SE 25th Avenue Motion Based on testimony and evidence presented in the aforementioned case, Mr. Brake moved that this Board find that the Respondent, Suntrust Mortgage, was in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Order of December 15, 2010, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify "No Fine' Mr. LaRock seconded the motion that unanimously passed Officer Lewis requested the following cases be tabled to March 16, 2011: Case No.1 0-1629 Aspen 1020 West industrial LLC 1040 W. Industrial Ave. Motion Mr. Karageorge moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on March 16, 2011 Ms. Carroll seconded the motion that unanimously passed. Case No. 10-2447 John P. Leonard Jr. 143 SW 24th Avenue Motion Mr. Karageorge moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on March 16, 2011. Ms. Carroll seconded the motion that unanimously passed. Case No. 10-2747 Chackman Motels Inc. 706 W. Boynton Beach Blvd. Motion Mr. Karageorge moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on March 16, 2011. Ms. Carroll seconded the motion that unanimously passed. 44 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 Case No.1 0-2767 Chackman Motels Inc. 706 W. Boynton Beach Blvd. Motion Mr. Karageorge moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on March 16, 2011. Ms. Carroll seconded the motion that unanimously passed. Case No. 10-2768 Chackman Motels Inc. 706 W. Boynton Beach Blvd. Motion Mr. Karageorge moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on March 16, 2011. Ms. Carroll seconded the motion that unanimously passed. Case No.1 0-2828 Chackman Motels Inc. 706 W. Boynton Beach Blvd. Motion Mr. Karageorge moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on March 16, 2011. Ms. Carroll seconded the motion that unanimously passed. Officer Lewis recommended the following case be tabled to April 20, 2011: Case No. 10-2106 Raul Vargas Jr. 405 SE 1 st Street Motion Mr. LaRock moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on April 20, 2011. Ms. Carroll seconded the motion that unanimously passed. Officer Lewis recommended the following case be tabled to May 18, 2011: Case No. 08-3379 Forum Shoppes of Boynton LLC 140 N. Congress Avenue Motion Vice Chair Yerzy moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on May 18, 2011. Mr. LaRock seconded the motion that unanimously passed. 45 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 Mr. Karageorge announced at the last City Commission meeting, an Ordinance was heard on first reading indicating that he would be selected to serve on the Community Redevelopment Agency Board. The second reading will occur on March 1, 2011 If the Ordinance passes on second reading, he will be unable to serve on both boards. In the event it passed, this would be his last meeting serving on the Code Compliance Board He was confident the Ordinance would pass. The Board wished Mr. Karageorge well Adjournment: There being no further business to be discussed, Mr Brake moved to adjourn. Ms. Carroll seconded the motion that unanimously passed. The meeting was adjourned at 9:14 p.m. ! , !i'L' t.' L tJ'--t/u.V...\ Catherine Cherry Recording Secretary 022710 i i . '..(1. C ' d'lf 46