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Minutes 01-19-11 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, JANUARY 19, 2011, AT 6:30 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Scott Blasie, Code Compliance Administrator ( Richard Yerzy, Vice Chair David Tolces, Assistant City Attorney Kathleen Carroll Robert Foot Mark Karageorge (arrived at 6:49 p.m.) Kirk LaRock Aimond Alexis, Alternate Barry Ravel, Alternate ABSENT: James Brake I. Call to Order Chair Costantino called the meeting to order at 6:33 p.m. II. Approval of Minutes of November 15, 2010 Lien Reduction Meeting and November 17, 2010 Regular Meeting Motion Vice Chair Yerzy moved to approve the minutes for November 15, 2010. Mr. LaRock seconded the motion that passed unanimously. Motion Vice Chair Yerzy moved to accept the minutes of November 17, 2010 as amended. Mr. Brake seconded the motion that passed unanimously. III. Approval of Agenda Mike Melillo, Senior Code Officer recommended Case #03-2123 be tabled to January 18, 2012. 1 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 Motion Mr. Foot so moved. Ms. Carroll seconded the motion that passed unanimously. Officer Melillo noted Case #10-3351 had come into compliance. Motion Mr. Foot moved approval of the agenda. Vice Chair Yerzy seconded the motion that passed unanimously. IV. Swearing in of Witnesses and Introduction Chair Costantino announced Attorney Tolces was made a partner of the law firm representing the City of Boynton Beach. Attorney Tolces set forth an explanation of the hearing procedure and administered the oath to all who would be testifying. Chair Costantino noted the sister of City Clerk Janet Prainito had passed away. She circulated a card for the Board members to sign. Officer Melillo called the roll and determined who was present. Case #10-3240 3420 Marcelino and Angeles Dominguez th Location: 300 NE 28 Ct. Violations: CO CH4 SEC. 4-4(C) CO CH4 SEC. 4-32 CO CH4 SEC. 4-36 CO CH4 SEC. 4-37 Violations included keeping the dogs tethered between 10:00 a.m. and 5:00 p.m. Proof of current tags and registration with Palm Beach County must be presented. Proof of current vaccinations must be presented. Liz Roehrich, Animal Control Supervisor, presented the case and set forth the details of the violations. Gabriela Dominguez, 328 "NE Court," advised the dogs belonged to her and the owner of the property was her uncle. She pled no contest. 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 Mr. Officer Roehrich provided photographs taken prior to her conversation and contact with Ms. Dominguez. One of the photographs was taken on the original inspection date of November 30, 2010, and the other was taken this date. It was noted five dogs were located at the premises although the narrative indicated there were four dogs. Ms. Dominguez noted she was accompanied by her uncle, Marcelino Dominguez, the Respondent. Ms. Dominquez explained the two brown dogs shown in the photographs were "her new," dogs, one six months old and the other a year old. Another dog was eight years of age. She contended, although the dog loved children, children were frightened of him because he was large. When the children were dismissed from school, the dog was chained. After that, her 14 and 15 year-old brothers would arrive at home at 4:00 p.m. and the dogs would be loose, but guarded. Chair Costantino reminded Ms. Dominguez the City's ordinance required dogs be leashed. Ms. Dominguez indicated she was in the process of obtaining a collar to prevent the dogs from running loose. She contended while three of the dogs had been vaccinated and licensed, the remaining two have had their shots. However, she had no proof from the County. (Mr. Karageorge arrived at 6:49 p.m.) Chair Costantino noted Mr. Ravel, an Alternate, would no longer be voting as Mr. Karageorge had arrived. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that a Cease and Desist Order be issued giving Marcelino and Angeles Dominguez until February 3, 2011 to bring the violation(s) of City of Boynton Beach Code sections as cited into compliance. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that a fine in the amount of $100 per recurrence of the violation thereafter shall be imposed upon the Respondents. Mr. LaRock seconded the motion that passed unanimously. Case #10-3527 Claire and Margery Johnson th Location: 141 SE 5 Ave. Violations: CO CH15 SEC. 15-120 (D) INC. CO CH15 SEC. 10-56(B) CO CH15 SEC. 10-56(D) CO CH15 SEC. 10-56(E) 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 CO CH15 SEC. 10-56(C) Repair leaking roof; replace all torn or missing screens on the windows of the house; have A/C in working order to include heat; remove all inoperable and/or unregistered vehicles. John Herring, Code Officer, presented the case and set forth the details of the violations. The initial inspection date was December 10, 2010. The Respondents had been given 10 days for compliance. The notice was sent by certified mail, and the green card had been signed. The unregistered vehicles had been removed. Both the owner and tenant were present. Officer Herring provided photographs for the Board's review. The Respondents were in possession of a current Business Tax Receipt. Claire Johnson, 46 Marine Way, Delray Beach, and Margery Johnson, 46 Marine Way, Delray Beach pled no contest. Mr. Johnson noted the property was currently rented. However, he was in the process of having the tenant evicted as the tenant had not paid rent since September. Mr. Johnson was in possession of the paperwork evidencing the eviction process as well as the lease evidencing one tenant. Mr. Johnson would address the violations as soon as the eviction process had been completed. He had attempted to repair the roof which had been damaged by Hurricane Wilma. However, he could not currently access the property. Two large dogs prevented him from entering the yard. Mr. Johnson asserted the lease indicated the tenant was responsible for mechanical items on the property which would include the heating and air-conditioning. In the past, Mr. Johnson had repaired the items. The vehicles removed did not belong to the Respondents. Attorney Tolces verified the violations ran with the land and as such, were the owner's responsibility and not that of the tenant. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Claire and Margery Johnson 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 18, 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 violations continue past February 18, 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. 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 Case #10-3312 Wendell and Serena Robinson th Location: 1201 SW 26 Ave. Violations: CO CH15 SEC. 15-120(D) INC. CO CH10-SEC. 10-56(A) CO CH10-SEC. 10-56(C) Repair all torn and missing screening to secure the pool from entry. Restore pool to a sanitary condition. Skip Lewis, Senior Code Officer, presented the case and set forth the details of the violations. Officer Lewis provided photographs for review of the Respondents and the Board. th Serena Robinson, 1201 SW 26 Ave., pled no contest. She believed she could bring the pool into compliance in 30 days. Chair Costantino asserted 30 days was not acceptable. Ed Robinson, a friend of the family, had been working on the screen enclosure and the pool. There were currently two openings in the screen which were required to be replaced. Mr. Foot noted the Board generally allowed a maximum of 10 days for this type situation. One opening was enough for a child to access the pool and drown. Mr. Robinson contended the screen openings would be repaired in two days. However, there was a problem with the system in the pool. Rocks placed in the pump by Ms. Robinson's husband would have to be removed. Mr. Karageorge suggested two motions be made, the first concerning the securing of the pool and the second concerning the sanitary condition. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Wendell and Serena Robinson are in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondents correct the violations on or before January 29, 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 violations continue past January 29, 2011 plus administrative costs shall be imposed. 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 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. Mr. Foot offered to join the motion, but not at $250. He believed a fine of not less than $500 was warranted based upon the seriousness of the lack of security, regardless of the sanitation issue. Chair costantino agreed with Mr. Foot. Mr. Karageorge amended his motion for an amount of $500. The dates would remain the same. Mr. LaRock seconded the motion that passed unanimously. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Wendell and Serena Robinson 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 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 $500 per day for each day the violations continue past February 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. Mr. Foot announced he would second the motion if it were reduced to $250. Mr. Karageorge felt health and safety issues were involved. Chair Costantino agreed with Mr. Foot, as the most important consideration was securing the pool. She felt the fine for the pool maintenance should be lowered to $250 as a problem existed with the placement of rocks in the filtration system. Mr. Karageorge amended his motion, changing the amount to $250. The balance of the motion would remain. Mr. Foot seconded the motion that passed unanimously. Case #10-3285 Judith Morrow Location: 1223 Isle Ct. Violation: CO CH15 SEC. 15-120(D) INC. Mow and trim front and rear property. Remove all trash and debris from yard. Vestiguere Pierre, Senior Code Officer, presented the case and set forth the details of the violations. 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 Rebecca F. Winner, was present on behalf of the Bank in the foreclosure action, 2424 N. Federal Highway, Suite 360, Boca Raton. She pled no contest. The property was in foreclosure but no final judgment had been rendered. As the property had not been sold, Judith Morrow was still the owner. However, the property was currently occupied by a tenant. Ms. Winner was not aware of any contract pending for the sale of the house. She believed a bankruptcy proceeding had been filed. Ms. Winner was not certain who had been collecting the rent as the Bank did not own the property. When Ms. Morrow had been served in the foreclosure, she was located at a different address. Officer Pierre advised notices had been sent to the firm that employed Ms. Winter and he had posted the property as well. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Judith Morrow 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 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 $100 per day for each day the violation continues past February 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 #10-3257 Lori Podray st Location: 220 SW 1 St. Violations: LDR CH2 SEC. 5(F)(1) CO CH10 SEC. 10-56(A) CO CH10 SEC. 10-56(B) Remove outside storage, trash and debris from property to include trailer. Pete Roy, Chief Code and Rehabilitation Officer, presented the case and set forth the details of the violations. The initial written notice was provided November 8, 2010, and 10 days were given for compliance. Notice was sent via certified mail, and the green card was signed. A Business Tax Receipt had been obtained for the property. The trailer had been brought into compliance. Outside storage remained on the property. Staff recommended 10 days be given for compliance. Officer Roy provided photographs for the Board's review. 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 Lori Podray, 42 South Harbor Drive, Ocean Ridge, pled not guilty. Officer Roy explained material had initially been stored outside the fence and at that time, the material could be seen through the cracks in the fence. Officer Roy had previously explained this to Ms. Podray, and she had agreed to dispose of the trailer. Officer Roy pointed out he had inspected the entire property. Ms. Podray attempted to present pictures to the Board that were contained in her cell phone. The Board did not wish to view pictures in this format, but would have viewed the pictures had they been printed out and entered into evidence. Ms. Podray was advised she could provide verbal testimony of the contents of the pictures. Ms. Podray indicated the house looked "nice and clean" and was completely fenced in. She did not wish to look inside the fence as the tenant had occupied the premises. She also did not wish to knock on the door and ask permission, as "someone could be sunbathing in the back." Ms. Podray questioned whether it was acceptable to look inside one's fence. She explained the trailer could be hooked up to a truck and was "nice, clean and white with no lettering." She commented on the "nice" appearance of the house and the herbal garden in the "front." Officer Roy advised the property was totally enclosed by a six-foot fence. Vice Chair Yerzy believed people were entitled to some privacy on their own property. If they chose to store material thereon, he felt they should be allowed to do so. Attorney Tolces was asked to comment on the issue of privacy. He noted that without having performed any specific research, he could not render an opinion as to this specific case. Certainly, one had a right to privacy. However, it would be up to the Board to determine, based on Code provisions, whether privacy applied in this situation. It would also be up to the Board to determine whether open storage was sufficient for a violation, whether behind a fence or not. Chair Costantino pointed out the Board had heard a number of cases where there had been storage in a fenced back yard. Trash and debris could become projectiles, damaging not only the property of the Respondent, but others as well. There would be no way to determine whether or not the trash and debris would be cleaned up prior to the occurrence of a storm. Additionally, the trash and debris could attract rats and cause other unsanitary conditions. If the appliances stored outside were not hooked up to water or electric, they would be considered storage and would have to be removed. 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Lori Podray 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 3, 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 $100 per day for each day the violations continue past February 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. Mr. LaRock seconded the motion. Officer Roy noted in the event he were to perform a Business Tax Receipt Inspection on the property, the outside storage would be called into question and as such, the application for the Business Tax Receipt would be denied. The motion passed unanimously. Case #10-3316 Elifaite Dieujuste th Location: 121 NE 4 Ave. Violations: CO CH 13 SEC. 13-16 CO CH 15 SEC. 15-120(D) INC. Obtain Business Tax receipt for rental property. Keep property mowed, trimmed and free of all loose trash and debris. Willie Webb, Senior Code Officer, presented the case and set forth the details of the violations. The initial inspection was completed on July 12, 2010. Written notice had been provided, and 10 days had been given for compliance. Rebecca F. Winner, 2424 N. Federal Highway, Suite 360, Boca Raton, represented the Bank, JP Morgan, in the foreclosure action. Mr. Foot questioned whether it was reasonable for the Board to hear Ms. Winner's testimony when she had not been authorized by the owner of the property to speak on his or her behalf. Attorney Tolces believed Mr. Foot was correct, as Ms. Winner was present to represent the Bank that held the mortgage on the property. He recommended the Board members treat the matter as they would in any other instance where the property owner was not present. 9 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Elifaite Dieujuste 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 3, 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 $250 per day for each day the violations continue past February 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. Mr. LaRock seconded the motion that unanimously passed. Case #10-3457 Tomothy McTigue th Location: 130 NE 4 Ave. Violation: CO CH15 SEC. 15-120(D) INC. Keep property mowed, trimmed and free of all loose trash and debris. Officer Webb advised Mr. McTigue had to leave and requested the Board to table the case to February 16, 2011. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on February 16, 2011. Vice Chair Yerzy seconded the motion that unanimously passed. th Case #10-1358 Douglas Goodwion 513 MW 8 Court Officer Lewis presented the case and set forth the details of the violation, noting this was a fine certification. The Notice of Violation dated May 4, 2010 required a permit for conversion of a garage. The case had been presented to the Board on October 20, 2010, and Mr. Goodwion had appeared. The compliance date and proposed fine set by the Board was December 19, 2010, or $100 per day. The violation still existed, for 30 days of non-compliance. th Douglas Goodwion, 513 NW 8 Court, noted he had paid $2,500 to a contractor in early September to secure the permits. However, the contract absconded with the money and could not be reached. Mr. Goodwion requested an extension to hire another contractor. Mr. Goodwion had purchased the house on March 12, 2010, and the 10 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 garage had been converted five years prior thereto. As he had been attempting to cure the violation, he did not feel he should be fined. Officer Lewis noted the red tag had been issued in February, and had Mr. Goodwion researched the matter, he would have been made aware of the violation. He was reminded that violations run with the land ad as such, he was responsible for the violation. Mr. Karageorge felt, pursuant to the applicable statute, it was clear the fine should be certified. He also felt the imposition of a fine would motivate Mr. Goodwion to remedy the violation. Mr. Foot suggested the case be tabled as an alternative. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that the Respondent has not complied with this Board's Order dated October 20, 2010, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion. Mr. Foot felt Mr. Goodwion would not be motivated to cure the violation if a fine were imposed and believed the matter should be tabled for 30 days. Mr. Goodwion indicated he would be motivated to remedy the violation if the matter were tabled. However, he was not certain the permits could be pulled within 30 days. He assured he would pursue the matter and engage a contractor, but believed he would require 60 to 90 days to come into compliance. Mr. Foot commented the longer Mr. Goodwion delayed compliance, the less likely the Board was to reduce the fine at a lien reduction proceeding. Chair Costantino would consider tabling for 30 days as an incentive, and have Mr. Goodwion come back before the Board to report his progress. The Board could make a determination at that time. Vote On roll call vote, the motion failed 2-5 (Chair Costantino, Vice Chair Yerzy, Ms. Carroll, Mr. Foot and Mr. Alexis dissenting). 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 Motion Ms. Foot moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on February 16, 2011. Ms. Carroll seconded the motion that unanimously passed. th Case #10-2447 John P. Leonard, Jr. 143 SW 24 Ave. Officer Melillo presented the case and set forth the details of the violations. The date of the Notice of Violation was August 20, 2010 for failure to remove or register the vehicle, mow the grass and weeds, remove the trash and maintain the pool in sanitary condition. The case was presented to the Board on November 17, 2010 and Mr. Leonard had appeared. The compliance date and proposed fine set by the Board was December 2, 2010 or $250 per day. The violation still existed, for 47 days of non- compliance. th John P. Leonard, 143 SW 24 Ave., noted he had been unemployed for more than a year, but would be working part-time next week. He had no funds to attend to the pool or vehicle. He hoped to drain and acid wash the pool with the monies from his first paycheck. Thereafter, in two or three weeks, he would have the funds to purchase the insurance needed to register the vehicle. He would appreciate anything the Board could do to help. Officer Melillo noted Mr. Leonard had been taking care of the front of the house, whereas it had previously been neglected. The vehicle still had two flat tires and had not been registered since December 2008. There appeared to be no change in the appearance of the back yard and pool. Officer Melillo provided photographs for the Board's review. In response to Mr. Foot's inquiry, Officer Melillo noted he had never observed more than one vehicle on the premises. As previously mentioned, the vehicle is currently inoperable and unregistered. It was Mr. Leonard's intent to repair the car so that it is roadworthy. Officer Melillo noted Code Compliance had been working with Mr. Leonard since his appearance at the August 20, 2010 Code Compliance Board meeting. As a former neighbor, Mr. Foot was aware the residents in the area had been concerned for some time regarding the appearance of the property. Chair Costantino pointed out, while the Board appreciated Mr. Leonard's dilemma, the fine accumulated to date was $11,750 plus $634.12 in administrative costs, and would continue to increase $250 per day pending compliance. Vice Chair Yerzy wished to 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 afford Mr. Leonard the benefit of the doubt and inquired whether Chair Costantino had any suggestions. Chair Costantino suggested tabling the matter for 30 days to comply. Motion Mr. LaRock moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on February 16, 2011. Mr. Foot seconded the motion that unanimously passed. Case #10-2797 Bank of America 7 Hawthorne Ln. Officer Pierre presented the case and set forth the details of the violation which required registration of a property in foreclosure. The Notice of Violation date was September 21, 2010. The case was presented to the Board on November 17, 2010, and no one had appeared. The compliance date and proposed fine set by the Board was November 27, 2010 or $150 per day. The violation still existed, having 52 days of non-compliance. Marguerite White, of Florida Default Law Group located at 9119 Corporate Lake Drive, Tampa, noted she represented Bank of America. The Bank was not currently the record owner of the property, which was in foreclosure. She understood the property owner was deceased and as such, probate issues could surface. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated 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. Mr. LaRock seconded the motion that unanimously passed. th Case #10-2713 Sterling Bank 132 NE 12 Ave. Officer Webb presented the case and set forth the details of the violations which required the lawn to be mowed, trimmed and free of trash and debris. Extension cords could not be used as a means of power to the rental unit and the extension cord running from Unit #6 to the single family house to the south of the property had to be removed. It was also necessary to obtain a Business Tax License for the rental of the property. The case was presented to the Board on November 17, 2010, and no one had appeared. The compliance date and proposed fine set by the Board was December 13 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 2, 2010 or $200 per day. Although the staff report indicated compliance had been achieved, the Business Tax Receipt had not been obtained. As such, there were currently 47 days of non-compliance. Jason Block, 7111 Fairway Drive, Suite 201, Palm Beach Gardens, represented Iberia Bank. A receiver, Rico Realty, had been appointed for the property and remained in place after Iberia Bank took title to the property. Iberia Bank had been notified of the violations pursuant to a letter received on December 7th. The property was previously owned by Sterling Bank and had been acquired by Iberia Bank. Mr. Block was in possession of documentation evidencing the acquisition. Iberia Bank took possession of the property in late November and fired Rico Realty. Jeff Beuttel, Manager, posted the property, and Mr. Block was in possession of photographs evidencing the posting. Iberia Bank was offering all tenants, whether they were in possession of a lease or not, $1,800 to vacate the premises. Thereafter, the property would be boarded up. Officer Webb commented a number of the tenants had recently moved in and probably were not aware of the situation. Chair Costantino noted the Bank was still in violation as a Business Tax License had not been obtained for the rental property. Motion Mr. Foot moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on February 16, 2011. Ms. Carroll seconded the motion that unanimously passed. Case #10-2289 2280 Lila DeLapaz 1606 SW th 17 Ter. Officer Roehrich presented the case and set forth the details of the violation which required the Respondent to cease feeding ducks which caused a sanitary nuisance. The Notice of Violation date was August 5, 2010. The case was presented to the Board on August 18, 2010, and Ms. DeLapaz had appeared. A compliance date and proposed fine set by the Board included a Cease and Desist date by August 18, 2010 or $200 per occurrence. Five violations had occurred on November 1, 2010, November 13, 2010, November 15, 2010, November 16, 2010 and November 17, 2010. Officer Roehrich provided photographs for the Board's review. th Lila DeLapaz, 1606 SW 17 Terrace, was shown photographs by Officer Roehrich. The photographs were taken by a neighbor and included what was believed to be feed in the yard, bowls, ducks on the property and ducks congregating at the back door. 14 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 The food sources, water bowls and ducks congregating at the back door indicated Ms. DeLapaz was still feeding the ducks. Ms. DeLapaz contended she provided water in a bag outside but was not feeding the ducks. Mr. Foot mentioned the Board had not been provided with any photographs exhibiting bowls containing food. Officer Roehrich responded she had photographs of what appeared to be feed sticks in the yard. She advised it had been difficult for the witnesses, a number of whom were present, to carry cameras all the time to obtain the photographic documentation needed. In fact, the witnesses could testify that there were many more occurrences than those listed. A trespass warning had been issued to one of the neighbors, preventing that person from entering the Respondent's property. The witnesses could provide testimony that the Respondent had stopped feeding the ducks after the Cease and Desist Order had been issued. Thereafter, however, the ducks again began congregating at the back door, because the Respondent started feeding the ducks again. The witnesses could also testify there were many more occurrences. Ms. DeLapaz acknowledged that she provided water "all the time" which was unnecessary because of the nearby canal system. Officer Roehrich indicated putting out a bowl of water was not a violation of the Code. However, causing a sanitary nuisance (attracting the ducks) was a violation. She emphasized it was the food, not the water, that had been attracting the ducks. The witnesses would testify as to the actions of Ms. DeLapaz and why they had not been able to capture her acts in a photograph. The witnesses provided as many photographs as could be reasonably expected. The Board agreed to hear the testimony of one spokesperson for the witnesses. Bob Shattuck, 1616 SW 17 Terrace, agreed to be the spokesperson. His Florida Room led directly to Ms. DeLapaz's back door, and he had taken the photographs of the ducks congregating at the back door. The most recent occurrences on which Ms. DeLapaz fed the ducks were January 4, 2011, January 16, 2011 and January 18, 2011. Mr. Shattuck had not seen Ms. DeLapaz physically put out the food on the dates on stthththth November 1, 13, 15, 16 or 17. However, he had seen up to 10 ducks congregating at Ms. DeLapaz's back door and the photographs taken clearly revealed the food source out back and the bowl filled with water Officer Roehrich noted Ms. DeLapaz had previously asserted she did not know whether she could cease her actions as required by the Order. When asked where the feed sticks came from, Ms. DeLapaz remarked she did not know. 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 Mr. Foot expressed concern as to the validity of the violations on the dates in question if there were no eyewitnesses to Ms. DeLapaz's actions. Attorney Tolces indicated the Board's interpretation of the evidence would determine whether or not a violation existed. Chair Costantino inquired whether any of the witnesses present actually saw Ms. DeLapaz throw out food on the dates in question. Arlene Shattuch, wife of Bob Shattuch, verified that she saw Ms. LaPaza put out the food. Chair Costantino inquired whether the ducks could be trapped, and was advised by Officer Roehrich that she had previously recommended this be done. The residents had contacted their property management in search of a resolution to the issue, but Leisureville had not offered any assistance. At this point, costs would be incurred merely to catch and transport the ducks to be euthanized. This would result in a "vicious cycle," as new ducks would be attracted to the food source. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that the Respondent has not complied with this Board’s Cease and Desist Order dated August 18, 2010, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $200 per occurrence plus administrative costs which shall continue to accrue, and if there are any more occurrences that she cease and desist again, or we will again certify the fine. Mr. LaRock seconded the motion. Mr. Foot suggested the motion be specific, indicating $1,250 representing five days plus administrative costs. Mr. Karageorge explained he was basing the $200 per occurrence had been the Board's ruling. Mr. Foot asserted Mr. Karageorge had not identified the number of days. Mr. Karageorge agreed and amended his motion to indicate that the Board was certifying an amount of $1,250, which included $250 for the affidavit of filing costs and $200 per five occurrences dated November 1, 2010, November 13, 2010, November 15, 2010, November 16, 2010 and November 17, 2010. Mr. Foot seconded the motion. The motion passed unanimously. Chair Costantino cautioned Ms. DeLapaz not to put out any more water or food, or she would be brought back before the Board. The next step would likely include someone intervening by euthanizing the ducks. 16 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 Attorney Tolces emphasized the Board did not have the authority to take any action other than that taken at this meeting with respect to the ducks. Ms. DeLapaz will now have a lien on property in the amount of $1,250 as a result of the violations. th Case #09-3504 Wells Fargo Bank NA 714 SW 24 Ave. Scott Blasie, Code Compliance Administrator, presented the case and set forth the details of the violations. The case had originally been cited November 5, 2009 of the City's ordinance concerning registration of foreclosed property and related maintenance items. The case was presented to the Board December 16, 2009, and no one had appeared. A compliance and proposed fine set by the Board was date of December 31, 2009 or $250 per day. Staff had documented compliance on October 14, 2010, resulting in 286 days of non-compliance plus administrative costs. The lis pendens in this matter was filed January 31, 2008, and the final summary judgment had been issued June 21, 2010. Staff's records indicated the property was registered on October 14, 2010, the compliance date. The Respondent was required to satisfy a delinquent water bill in the amount of $2,185.31 as part of the lien reduction process. Mr. Blasie provided photographs for review by the Board and the Respondent. th Terry Berube, 714 SW 24 Avenue, represented the Bank owner, and was accompanied by her assistant, Jim Kelly. Ms. Berube asked for "mercy" in the lien reduction. A contract had been pending, but no would commit until the matter had been resolved. The Bank was hoping for a lien reduction to satisfy the lien and to sell the property to a new purchaser. Mr. Foot inquired whether the maintenance issues came into compliance prior to the registration of the property. Mr. Blasie did not have this information. Once the Board's order to comply had been approved, staff did not acknowledge compliance until the property was registered. He could not attest as to whether the property had been cleaned up before, and Ms. Berube had no evidence as to that affect. With regard to the registration of vacant property, she indicated it had been difficult to determine who to contact. However, once she found out who to speak to, she took care of the registration immediately. Ms. Berube believed the Bank began maintaining the property in August 2010. The Certificate of Title had been recorded November 30, 2010 and at times, it was difficult to secure approval to get the work done prior to the actual ownership date. The property had been in disarray for some time, with the registration being a relatively minor issue. He suggested a fine of $5,000 plus administrative costs. Mr. Karageorge suggested $8,000. Chair Costantino concurred with Mr. Karageorge. 17 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Karageorge moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of December 16, 2009 to an amount of $8,000 including administrative costs. Mr. LaRock seconded the motion. On roll call vote, the motion passed 5-2 (Vice Chair Yerzy and Ms. Carroll dissenting.) Mr. Blasie provided an overview of the lien reduction procedure, as well as the appeal process. If requested, letters advising of the Board's actions could be provided to a lender, real estate agent or title company requiring immediate information. Any questions with respect to the process could be answered by Mr. Blasie and/or Diane Springer, Code Compliance Coordinator, subsequent to the meeting. Case #09-38 Jorge L. Hernandez 507 N. Federal Hwy. Mr. Blasie presented the case and set forth the details of the violation. The property had originally been cited January 7, 2009 for violations of Chapter 10, Section 10-56(A) requiring a vacant structure be maintained in a clean, safe, secure and sanitary condition. It also required that the overgrowth be trimmed and trash and debris be removed. The case was presented to the Board on February 18, 2009, and no one had appeared. The compliance date and proposed fine set by the Board was February 28, 2009 or $250 per day. Staff had documented compliance on February 18, 2010, for 354 days of non-compliance plus administrative costs. The building had been damaged by fire and vacated by the occupants. Considerable work had been performed on the property. While the case was evolving, work had been performed without the necessary permits. Contractors had to be engaged, and this delayed the process. The Respondent was required to satisfy a delinquent water bill in the amount of $239.24, and a delinquent tax bill of $49,781.20 in order to qualify for the lien reduction. Mr. Blasie provided photographs for review. ndth Eloy Cepero, 6805 SW 82 Court, Miami, Julio Guanche, 19540 NW 88 Avenue, Miami were present. Mr. Cepero noted the property had been acquired through foreclosure. He would not attend to the violations until he had received authorization from the trustee. Mr. Cepero paid all of the taxes in the amount of $13,000 and spent more than $120,000 in repairs. The property had come into compliance and all five units have been rented. He requested the total fine of approximately $89,000 be waived. He noted the occupant had abandoned the premises. 18 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 Mr. Karageorge commended Messrs. Cepero and Guanche for their efforts, but noted the neighborhood and potential businesses had been forced to deal with the issue for 354 days. Although the property had improved vastly, he could not agree with "no fine." Mr. Foot suggested $5,000, while Mr. LaRock suggested $9,000. Chair Costantino agreed with Mr. Karageorge. While the property looked wonderful, the downtown area had been heavily impacted by the violations. Ms. Carroll agreed the community had been impacted, but it was not the fault of Messrs. Cepero or Guanche. They had invested a great deal of money in the property and should be given a minimal fine of $1,000. Chair Costantino pointed out the fines ran with the property and when ownership of the properties is accepted, ownership of the infraction and the lien are also accepted. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Karageorge moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of February 18, 2009 to an amount of $6,000 including administrative costs. Mr. Foot seconded the motion that passed 5-2 (Vice Chair Yerzy and Ms. Carroll dissenting.) Mr. Cepero noted for the record the fairness of the Board and the Inspectors. Case #09-3263 Bank United 3201 N. Seacrest Blvd. Mr. Blasie presented the case and set forth the details of the violations. The property was originally cited on October 10, 2009 for violations to the City's property registration ordinance and overgrowth. The case was presented to the Board on November 18, 2009, and no one had appeared. The compliance date and proposed fine set by the Board was December 3, 2009 or $200 per day. Staff had documented compliance on November 9, 2010, resulting in 340 days of non-compliance plus administrative costs. The lis pendens was filed December 30, 2008. A delinquent water bill in the amount of $1,661.26 was satisfied. The property was registered on November 9, 2010 and the property mowed December 3, 2009. The registration of the property delayed compliance. Mr. Blasie did not know whether the maintenance issues came into compliance prior to the registration of the property. Mr. Blasie explained this case pertained to the same Respondent, violations and property as Case #10-747. As such, he requested the Board consider Case #09-3263 as 19 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 the lien reduction for the property and Case #10-747 be dismissed. Mr. Blasie provided photographs for review. Jeff Paolino, 3600 S. Congress Avenue, was the authorized representative for Bank United. He was assigned the property at the end of 2010 and took care of the code violations and fines as soon as possible. The property had been registered, mowed and cleaned up. The property was currently under contract for $32,000 and a closing was scheduled for January 26, 2010. The Bank satisfied the water bill and addressed other violations pertaining to shrubs. The photographs would reflect the property had been taken care of, and Mr. Paolino was in possession of all receipts for the work performed. Mr. Blasie inquired whether Mr. Paolino was aware that upon the filing of a lis pendens, it was required the property be registered and maintained, if vacant. Mr. Paolino responded affirmatively. He noted his company would not be assigned properties pending foreclosure. Thereafter, the property is registered as soon as possible. Mr. Paolino requested the fine be limited to administrative costs. Mr. Foot believed that, contrary to Mr. Paolino's remarks, Mr. Blasie had indicated the property had been cleaned up by November 19, 2009. Mr. Blasie noted the date was December 3, 2009, and the lien was for the registration of the property. Mr. Foot suggested a fine of $1,000 plus administrative costs, or $1,634.12. Ms. Carroll concurred. Chair Costantino did not agree to administrative costs only. 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 November 18, 2009 to an amount of $1,634.12 including administrative costs. Mr. LaRock seconded the motion that unanimously passed. Case #10-747 Bank United 3201 N. Seacrest Boulevard As noted, staff recommended the case be dismissed. Motion Vice Chair Yerzy moved that Bank United, 3201 N. Seacrest Boulevard, Case #10-747, be dismissed. Ms. Carroll seconded the motion that passed unanimously. 20 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 Mr. Blasie explained Case#09-2990 pertained to the same Respondent, violations and property location in Case #10-269 and as such, he requested this case be treated in the same manner as the previous cases. He recommended Case #09-2990 be addressed first, and Case #10-269 be dismissed. The Board initially agreed to dismiss Case #09- 2990, as the fine amount was $50 per day. In Case #10-269, the Respondent, Erica Cohen-Hammond, was fined $250 per day, as she was a repeat offender. Mr. Foot believed $50 was the appropriate figure to work with rather than $250 which was based upon a false premise. Vice Chair Yerzy agreed with Mr. Foot. The Board was in agreement to hear Case #09-2990 first. th Case #09-2990 Erica Cohen-Hammond 418 NW 4 Ave. Mr. Blasie presented the case and set forth the details of the violations. The Respondent had originally been cited September 14, 2009 for violations of CH 15 Sec. 15-120(D) regarding overgrowth and requiring the grass and weeds be mowed. The case was presented to the Board on October 21, 2009, and no one had appeared. The compliance date and proposed fine set by the Board was October 31, 2009 or $50 per day. Staff had documented compliance on October 15, 2010. A water bill of $1,651.35 and back taxes of $5,535.90 had been satisfied to qualify for the lien reduction. The property was in foreclosure. th Carl Van Eyssin, 3871 NE 24 Ave., Lighthouse Point, represented Wells Fargo-U.S. Bank. The property was under contract to be sold for $64,900 or $66,900, and the closing would be held the second week of February, 2011. The Certificate of Title was filed September 8, 2010, and the property was assigned to Mr. Van Essyin on October 7, 2010. The property had been maintained since that time. The water bill, taxes and vacant property registration fee had been paid. Mr. Van Essyin requested a lien reduction to facilitate the sale of the property. Chair Costantino and Mr. Foot pointed out the violations in the staff report pertained only to mowing the grass and weeds. There had been no reference to a registration violation. Mr. Blasie suggested a pre-registration condition might have been required. However, he was not certain pre-registration requirement was been in place at the time the case had been processed. Mr. Karageorge concurred with Mr. Blasie regarding the first case, as the Notice of Violation date preceded the registration requirement adopted by the 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 21 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 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 October 21, 2009 to an amount of $5,634.12 including administrative costs. Mr. LaRock seconded the motion that passed. 6-1 (Ms. Carroll dissenting). th Case #10-269 Erica Cohen-Hammond 418 NW 4 Ave. Mr. Blasie presented the case. Staff recommended the case be dismissed. Motion Mr. Foot moved to dismiss Case #10-269. Mr. LaRock seconded the motion that passed unanimously. Case #09-3753 Waltoguy Anfriany 1718 Banyan Creek Ct. Mr. Blasie presented the foreclosure case and set forth the details of the violations. The Respondent had originally been cited December 3, 2009 for violations of the City's Community Appearance Code pertaining to inoperable vehicle on the property, and for not having a Business Tax Receipt for rental property. The case had been presented to the Board March 18, 2010, and no one had appeared. A compliance date and proposed fine set by the Board was April 1, 2010 or $300 per day. Staff had documented compliance on December 28, 2010, resulting in 270 days of non-compliance plus administrative costs. The Certificate of Title was issued on October 27, 2010, the lis pendens was recorded on August 22, 2008. A water bill of $67.88 had been satisfied, the property was registered on June 30, 2010 and became vacant on November 16, 2010. The Business Tax Receipt inspection passed on September 13, 2010. Mr. Blasie provided photographs, one taken March 16, 2010 reflecting an unlicensed vehicle and someone residing on the property, and a photograph taken this date. Tod Weston, with the law firm of Gerrits and Weston located at 51 East Commercial Boulevard, Fort Lauderdale. The firm represented Wells Fargo, also known as Wachovia Mortgage and Bank. Wells Fargo had foreclosed on the property and had taken title on October 27, 2010. Mr. Weston's firm represented 85% of the foreclosure properties with Wells Fargo in the tri-county area. A contract was pending on the property to close on January 23, 2011. The original Certificate of Title on the foreclosure mortgage was in the amount of $225,000, and the sale price on the property was $116,500. Mr. Weston requested a lien reduction commensurable to the property value and loss suffered by the Bank. 22 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 Mr. Blasie advised the vehicle had never been "unattractive" as to the trim, but rather as to the appearance on the property. Staff had been able to ascertain when the vehicle had been removed. However, as Officer Lewis approved the Business Tax Receipt inspection on September 13, 2010, it was believed the car had been removed. The violations did not include registration of a vacant property. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent(s) 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. LaRock moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of March 17, 2010 to an amount of $2,730.15 including administrative costs. Mr. Foot seconded the motion that unanimously passed. (Messrs. Foot and LaRock left the meeting at 9:02 p.m.) The meeting recessed at 9:03 p.m. The meeting reconvened at 9:14 p.m. As Mr. LaRock left the meeting, Mr. Ravel would serve as a voting member for the remainder of the meeting, st Case #09-397 Nixon & Francette Ciceron and 518 SE 1 St. Joan Seide Mr. Blasie presented the foreclosure case and set forth the details of the violations. The Respondents were originally cited on February 6, 2009 for violations of the City's Community Appearance Code. The case had been presented to the Board on April 15, 2009, and no one had appeared. The compliance date and proposed fine set by the Board was April 25, 2009 or $100 per day. Staff had documented compliance on December 17, 2010, resulting in 600 days of non-compliance plus administrative costs. The lis pendens was recorded February 13, 2009, and the final summary judgment on April 4, 2010. Delinquent water bills in the amount of $1,111.72 had been paid on January 13, 2011. Mr. Blasie provided two photographs taken this date and two taken May 20, 2009. Mary Cardin, real estate agent representing Aurora Loan Services, in care of Green River Capital, was present. The property was under contract and would be purchased by an "older" woman for $42,000. The purchaser's family would assist her in updating 23 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 th the entire home. The closing was scheduled for January 24. The lien had been filed th with the prior owner. The Bank took over the foreclosure sale on August 5. The certificate of title was recorded September 27th, and the property had been assigned to thth Ms. Cardin on August 17. On August 20, the preservation company mowed the lawn, removed the trash and debris, cleaned the home and secured the property. When notified of the current violations, Ms. Cardin worked with Officer Herring and met him at the property to go over anything that was required. The Bank spent approximately $5,292 to bring the property into compliance. This amount included satisfying the water bill, replacing torn screens, repairing the roof, removing the blue tarp, removing the trash and debris. In addressing the lien imposed in 2009, the Bank replaced the rotted soffit and fascia. Ms. Cardin requested the lien be reduced to $3,000 in consideration of the amounts expended to date to bring the property into compliance. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Karageorge moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of April 15, 2009 to an amount of $3,634.12 including administrative costs. Mr. Ravel seconded the motion that unanimously passed. Prior to hearing Case #10-742, and in order to move on to the lien reduction, Mr. Blasie requested the Board consider rendering a "No fine" certification for Case #10-3062. The cases involved the same property and both are in compliance. However one of the cases complied after the specified deadline. st Case #10-3062 HSBC Mortgage Services, Inc. 3100 SE 1 Ct. Mr. Karageorge so moved. Ms. Carroll seconded the motion that passed unanimously. st Case #10-742 JP Morgan Chase Bank 3100 SE 1 Ct. Mr. Blasie presented the case and set forth the details of the violations. The Respondent had originally been cited on March 11, 2010 for violations of the City's Property Registration Ordinance and associated maintenance including mowing the overgrown yard areas and trimming vegetation. The case was presented to the Board on May 19, 2010, and no one had appeared. The compliance date and proposed fine established by the Board was May 29, 2010 or $150 per day. Compliance was documented on January 12, 2010, for 227 days of non-compliance plus administrative 24 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 costs. A past-due water bill of $1,626.24 had been satisfied. Mr. Blasie provided photographs for the Board's review. Carl Sugarman, 1734 S.Dixie Highway, Miami, represented the owner of the property, HSBC Mortgage Services. Chair Costantino questioned why the staff report indicated the property owner was JP Morgan Chase Bank, while Mr. Sugarman represented HSBC Mortgage Services. Mr. Sugarman believed this was an error. He did not believe that either David Stern, the foreclosure attorney who was sent notices, or JP Morgan Chase Bank ever had an interest in, or held a mortgage on the property and as such, neither attended the Board hearing. HSBC Mortgage Services had filed a lis pendens in 2007 and was pursuing a foreclosure, utilizing the law firm of Codilis & Stawiarski. This culminated in a Certificate of Title on December 8, 2010. The closing was delayed as the defendant had declared bankruptcy. Some of the bankruptcy statutes allowed five years under Chapter XIII. No action could be taken as long as the plan payments continued. The bankruptcy order had been filed in the foreclosure case in October 2010. A final th judgment was entered immediately. On December 8 HSBC Mortgage Services took possession of the property. By the end of December, the grass was mowed and while the registration check was sent, it had never been received. The property could not be registered until after the first of the year. Under the circumstances, Mr. Sugarman requested a reduction of approximately $1,000 plus administrative costs. The wrong party had been notified. Had HSBC Mortgage Services been notified, the company would have investigated to determine whether the property was vacant and would have brought the property into compliance. Mr. Blasie noted staff concurred with Mr. Sugarman. The subdivision on the lis pendens did not match the subdivision name at which the property is located. 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, Ms. Carroll moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of May 19, 2010 to an amount of $1,634.12 including administrative costs. Vice Chair Yerzy seconded the motion that unanimously passed. th Mr. Sugarman noted he held a contract to sell the property on the 25 at a price of $130,300. 25 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 th Case #01-3275 Joseph Wesner and Felisa Kettia 138 SW 10 Ave. Mr. Blasie presented the foreclosure case and set forth the details of the violations. The Respondents were originally cited on November 29, 2001 for having inoperable and unregistered vehicles on the premises, trash and debris, overgrowth and missing grass. The case was presented to the board on February 20, 2002, and no one had appeared. A compliance date and proposed fine established by the Board was March 22, 2002 or $25 per day. Compliance had been achieved on October 18, 2010 for 3,131 days of non-compliance plus administrative costs. The City had not been named in the foreclosure proceeding. The lis pendens had been filed on October 6, 2008, and a final summary judgment dated June 21, 2010 had been filed. Mr. Blasie provided photographs for the Board's review. Tod Weston, with the law firm of Gerrits and Weston located at 51 East Commercial Boulevard, Fort Lauderdale represented Wells Fargo and Wachovia Mortgage and Bank. He believed there might have been a "sister" case, #10-2638 relating to the current case. He brought this to the Board's attention as considerable funds had been expended to bring the property into compliance. Hurricane doors had been installed and permitted, and a porch on the property had been removed. The Respondents expended approximately $9,000 on the roof and $11,000 on renovations and removal of the porch. Mr. Blasie explained a concrete, stucco structure attached to the back of the house had been illegally installed before the Respondents became involved. Mr. Blasie commented the Respondents did a nice job on the renovations. Mr. Weston noted the property was listed at $59,000, but it had been contracted for $44,000 with a th February 15 closing date. The original amount of the mortgage was $130,000. The Certificate of Title was received by Mr. Weston on October 25, 2010. 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, Ms. Carroll moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of February 20, 2002 to an amount of $3,634.12 including administrative costs. Vice Chair Yerzy seconded the motion. Mr. Karageorge felt $6,000-$8,000 would be more appropriate. Mr. Weston advised he had the full authority to settle the matter and he believed he $6,000 would be a fair sum. 26 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 Ms. Carroll amended her motion to $6,634.12 including administrative costs. Vice Chair Yerzy seconded the motion that passed unanimously. Mr. Karageorge thanked Wells Fargo and Wachovia Mortgage and Bank for donating $10,000 to non-profit organizations in the City that assist those in need. Case #10-2679 701 West Boynton Beach Blvd. – Wendy's Location: 701 W. Boynton Beach Violation: CO CH 2.5 SEC. 2.5-12+13 Excessive false alarms Courtney Cain, Code Officer presented the case and set forth the details of the violation. Staff recommended 60 days be given for compliance. Mr. Blasie explained 60 days had been requested as the Respondents had other issues with burglar alarms which they were attempting to resolve with the Police Department. The tenant at Wendy's, who had incurred the fines, was out of town and could not attend. Mr. Blasie advised that in lieu of bringing the case back next month, he would request 60 days. Mr. Blasie felt the motion should encompass the landlord and the tenant. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that 701 West Boynton Beach Blvd is in violation of the City of Boynton Beach Code Section as cited, and moved to order that the Respondent correct the violation on or before March 20, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past March 20, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection and verification of payment of the fees to comply with this Order. Vice Chair Yerzy seconded the motion that passed unanimously. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Wendy's is in violation of the City of Boynton Beach Code Section as cited, and moved to order that the Respondent correct the violation on or before March 20, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by Respondent, and 27 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 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 March 20, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection and verification of payment of the fees to comply with this Order. Vice Chair Yerzy seconded the motion that passed unanimously. Case #10-3439 True 2005 RE 1 (LLC (Toys Are Us) Location: 601 N. Congress Ave. Violation: CO CH9 SEC. 9-22(C) Annual fire inspection fees. Officer Cain presented the case and set forth the details of the violation. Staff recommended 10 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that True 2005 RE 1 (LLC (Toys Are Us) is in violation of the City of Boynton Beach Code Section as cited, and moved to order that the Respondent correct the violation on or before January 29, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $150 $50 per day for each day the violation continues past January 29, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection and verification of payment of the fees to comply with this Order. Mr. Karageorge seconded the motion that passed unanimously. Case #10-3456 1300 W. Industrial LLC- Emerald Transportation Location: 1370 W. Industrial Ave. Violation: CO CH9 SEC. 9-22(C) Annual fire inspection fees. Officer Cain presented the case and set forth the details of the violation. Staff recommended 10 days be given for compliance. The Respondents were repeat offenders. 28 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that 1300 W. Industrial LLC is in violation of the City of Boynton Beach Code Section as cited, and moved to order that the Respondent correct the violation on or before January 29, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $150 per day for each day the violation continues past January 29, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection and verification of payment of the fees to comply with this Order. Ms. Carroll seconded the motion that passed unanimously. Case #10-3459 Luann and Frank Call rd Location: 707 SE 3 St. Violation:: CO CH9 SEC. 9-22(C) Annual fire inspection fees. Officer Cain presented the case and set forth the details of the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Luann and Frank Call are in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondents correct the violation on or before January 29, 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 January 29, 2011 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Vice Chair Yerzy seconded the motion that unanimously passed. Case #10-3473 Yachtsman Properties LLC Location: 1550 N. Federal Hwy. Violation: CO CH9 SEC. 9-22(C) Annual fire inspection fees. Officer Cain noted the case came into compliance. 29 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 Motion Vice Chair Yerzy moved to dismiss Case #10-3473. Ms. Carroll seconded the motion that passed unanimously. Case #10-3519 Aventine Marketing LLC (Aventine) th Location: 1575 SW 8 St. Violation: CO CH2.5 SEC. 2.5-12+13 Excessive False Alarms Officer Cain presented the case and recommended 90 days be given for compliance as the property was under new management. The Respondent had burglar alarm issues as well. Mr. Blasie noted staff met with Police and Fire, and there were a number of administrative issues to be resolved. Chair Costantino expressed concern as the Respondent had already incurred $9,450 in false fire alarm fees, exclusive of an intrusion alarm issue. Chair Costantino felt the Board should deal with the issue and come back to it, if necessary. In such an event, Mr. Blasie requested the matter be tabled as the Respondent had been advised that staff would request 90 days to comply, and the Respondent wanted to present their side of the issue. Motion Mr. Karageorge moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on February 16, 2011. Ms. Carroll seconded the motion that unanimously passed. Case #10-3127 Bank of America nd Location: 2280 NW 2 St. Violation: CO CH10 SEC.10-51.5 INC. All property that is vacant or subject to a current notice of default must be maintained in accordance with City property maintenance regulations. Luney Guillaume, Code Officer, presented the case and set forth the details of the violation. Staff recommended 10 days be given for compliance. 30 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Bank of America is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before January 29, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past January 29, 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 #10-3128 JP Morgan Chase Nat'l Assoc. nd Location: 2370 NW 2 St. Violation: CO CH10 SEC.10-51.5 INC. All property that is vacant or subject to a current notice of default must be maintained in accordance with City property maintenance regulations. Officer Guillaume presented the case and set forth the details of the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that JP Morgan Chase Nat'l Assoc. is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before January 29, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past January 29, 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 #10-3129 GMAC Mortgage LLC th Location: 1443 NW 4 St. Violation: CO CH10 SEC.10-51.5 INC. 31 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 All property that is vacant or subject to a current notice of default must be maintained in accordance with City property maintenance regulations. Officer Guillaume presented the case and set forth the details of the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that GMAC Mortgage LLC is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before January 29, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past January 29, 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 seconded the motion that unanimously passed. Case #10-3427 Juan C. Morales & Rosangela Carvalho Location: 240 Menton Rd. Violation: CO CH15 SEC. 15-120(D) 1 INC Mow overgrown yard and trim overgrown vegetation. Officer Guillaume presented the case and set forth the details of the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Juan C. Morales & Rosangela Carvalho are in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondents correct the violation on or before January 29, 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 January 29, 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. Alexis seconded the motion that unanimously passed. 32 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 Case #10-3172 Southern Homes of Palm Beach LLC Location: 3103 S. Federal Hwy. Violation: CO CH10 SEC. 10-56(B) Mow, weed and trim property. Officer Herring presented the case and set forth the details of the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Southern Homes of Palm Beach LLC is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before January 29, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past January 29, 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 #10-3294 Stewart A. Houghtaling th Location: 222 SE 4 Ave. Violation: CO CH10 SEC. 10-56(B) Mow, weed and trim property. Officer Herring presented the case and set forth the details of the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Stewart A. Houghtaling is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before January 29, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past January 29, 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 33 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 re-inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case 10-3370 Andrew & Gail Luchey th Location: 2208 SE 4 St. Violation: CO CH10 EC. 10-56(D) Repair or replace all damaged or missing soffit screening. Officer Herring presented the case and set forth the details of the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Andrew & Gail Luchey are in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondents correct the violation on or before January 29. 2011. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past January 29, 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 #10-3248 Wells Fargo Bank NA th Location" 112 SW 9 St. Violation: CO CH10 SEC.10-51.5 INC. All property that is vacant or subject to a current notice of default must be maintained in accordance with City property maintenance regulations. Repair all exterior deteriorating soffits, fascia and roofing materials. Officer Lewis presented the case and set forth the details of the violation. Staff recommended 15 days be given for compliance. It was believed 15 days was not sufficient to deal with the roofing issues. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Wells Fargo Bank NA is in violation of the 34 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before February 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 $100 per day for each day the violation continues past February 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. Ms. Carroll seconded the motion that unanimously passed. Case #10-3254 Bank of New York Mellon Location: 1018 W. Fairfax Cir. Violation: CO CH10 SEC.10-51.5 INC. All property that is vacant or subject to a current notice of default must be maintained in accordance with City property maintenance regulations. Remove beehive and maintain exterior of property and structure. Officer Lewis presented the case and set forth the details of the violation. Staff recommended 15 days be given for compliance. There had been no response from anyone at the property. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Bank of New York Mellon is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before February 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 $200 per day for each day the violation continues past February 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. Case #10-3283 Frances Kerbel th Location: 1107 SW 17 St. Violation: CO CH15 SEC. 15-120(D) INC. Remove overgrown Florida Holly from back yard. Cut overgrown hedges in front and vines and trees in back of house. 35 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 Officer Lewis presented the case and set forth the details of the violation. Staff recommended 15 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Frances Kerbel is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before February 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 $50 per day for each day the violation continues past February 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. Mr. Alexis seconded the motion that unanimously passed. Case #10-3342 Harold J.W. Ewing Location: 2397 SW 13 Way Violation: CO CH15 SEC. 15-120(D) INC. CO CH15 SEC. 10-56(B) CO CH15 SEC. 10-56(E) Cut all overgrowth in back of the house. Secure shutters and doors from entry. Officer Lewis presented the case and set forth the details of the violation. Staff recommended 15 days be given for compliance. The building was vacant but secured. Shutters located in the back should be closed. The sliding doors lock were locked Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Harold J.W. Ewing 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 3, 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 February 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 36 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case #10-3344 Gilbert K. Westgard II th Location: 1001 SW 5 Ct. Violation: CO CH15 SEC. 15-120(E) INC. CO CH10 SEC. 10-56(D) Repair or replace all deteriorated exterior doors on the building and secure from entry. Officer Lewis presented the case and set forth the details of the violation. Staff recommended 15 days be given for compliance. The doors were rotted and need to be replaced. The building had been secured. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Gilbert K. Westgard II 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 3, 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 February 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. Case #10-565 Michael Luchey rd Location: 421 NW 3 St. Violation: CO CH11 SEC. 13-16 Obtain Business Tax Receipt to rent single-family house. Officer Melillo presented the case and set forth the details of the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Michael Luchey is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before January 29, 2011. The Board has considered the gravity of the 37 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 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 January 29, 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 #10-3196 Gordon Bartlett nd Location: 2881 SE 2 St. Violation: CO CH10 SEC. 10-56(D) CO CH10 SEC. 10-56(H) CO CH10 SEC. 10-56(E) Return tri-plex back to duplex; repair all windows and doors to operate properly and keep water out. Spray for infestation; obtain Business Tax Receipt to rent property. Officer Melillo presented the case and set forth the details of the violation. Staff recommended 10 days be given for compliance. The property was infested with bugs and rats, etc. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Gordon Bartlett is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before January 29, 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 $250 per day for each day the violations continue past January 29, 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 #10-3284 Miriam I. Kadhim Location: 91 Maple Lane Violation: CO CH10 SEC. 10-56(C) Swimming pool must be maintained in a clean and sanitary condition. 38 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 Officer Pierre presented the case and set forth the details of the violation. Staff recommended 10 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Miriam I. Kadhim is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before January 29, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $250 per day for each day the violation continues past January 29, 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 #10-3323 Bank of New York Location: 1 Cambridge Place Violation: CO CH10 SEC. 10-51.5 INC. All property that is vacant or subject to a current notice of default must be maintained in accordance with City property maintenance regulations. Officer Pierre presented the case and set forth the details of the violation. Staff recommended 10 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Bank of New York is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before January 29, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $150 per day for each day the violation continues past January 29, 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. 39 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 Case #10-3399 David R. Bruner Location: 13 Velaire Drive Violation: CO CH10 SEC. 10-56(D) Boats must be parked on a hard surface. Install minimum four-inch house numbers on structure to be visible from City street. Officer Pierre presented the case and set forth the details of the violation. Staff recommended 10 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that David R. Bruner is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before January 29, 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 $50 per day for each day the violation continues past January 29, 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. Alexis seconded the motion that unanimously passed. (Vice Chair Yerzy left the meeting at 10:00 p.m.) Case #10-3256 Natasha Joseph th Location: 121 SW 4 Ave. Violation: CO CH11 SEC. 11-16 Obtain Business Tax Receipt to rent property. Officer Pierre presented the case and set forth the details of the violation. Staff recommended 10 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Natasha Joseph is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before January 29, 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, 40 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 a fine in the amount of $50 per day for each day the violation continues past January 29, 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 #10-3321 Deutsche National Trust th Location: 326 SW 5 Ave. Violation: CO CH10 SEC. 10-51 INC. All property that is vacant or subject to a current notice of default must be maintained in accordance with City property maintenance regulations. Remove outside storage, trash and debris. Mow, weed and trim all overgrowth. Officer Roy presented the case and set forth the details of the violation. Staff recommended 10 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Deutsche National Trust is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before January 29, 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 $100 per day for each day the violation continues past January 29, 2011 plus administrative costs shall be imposed. The Respondent is further ordered t o 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 #10-3325 Iglad Nauelus & Marie Volcy th Location: 216 SW 5 Ave. Violation: CO CH12 SEC. 51(D)(1) CO CH15 SEC. 15-120(D) Remove all unregistered, inoperable vehicles from property. Remove all outside storage from property. Officer Roy presented the case and set forth the details of the violation. Staff recommended 10 days for compliance. 41 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Iglad Nauelus & Marie Volcy are in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondents correct the violations on or before January 29, 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 $150 per day for each day the violations continue past January 29, 2011 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case #10-3329 Frantzso Jesuca & Marie Bayard th Location: 205 SW 5 Ave. Violations: CO CH10 SEC. 10-56(B) CO CH10 SEC. 10-56 (D) Remove all outside storage on property; remove all unregistered/inoperable vehicles from property. Repair and maintain fence per City ordinance. Officer Roy presented the case and set forth the details of the violation. Staff recommended 10 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Frantzso Jesuca & Marie Bayard are in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondents correct the violations on or before January 29, 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 $150 per day for each day the violations continue past January 29, 2011 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case #10-3330 Citimortgage Inc. rd Location: 409 SW 3 St. 42 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 Violations: CO CH10 SEC. 10-51.5 INC. All property that is vacant or subject to a current notice of default must be maintained in accordance with City property maintenance regulations. Mow, weed and trim overgrowth; remove trash and debris; place four-inch house numbers required on house. Officer Roy presented the case and set forth the details of the violation. Staff recommended 10 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Citimortgage Inc. is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before January 29, 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 violations continue past January 29, 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 #10-3331 Aurora Loan Services LLC th Location: 311 SW 5 Lane Violation: CO CH 10 SEC. 10-51.5 INC. All property that is vacant or subject to a current notice of default must be maintained in accordance with City property maintenance regulations. Officer Roy presented the case and set forth the details of the violation. Staff recommended 10 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Aurora Loan Services LLC is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before January 29, 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, 43 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 a fine in the amount of $100 per day for each day the violations continue past January 29, 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 #10-2711 Steven M. Lockett th Location: 120 NW 4 Ave. Violations: CO CH13 SEC. 13-16 CO CH15 SEC. 15-120(D) INC. Repair or replace driveway; obtain Business Tax Receipt for rental of property. Officer Webb presented the case and set forth the details of the violations. Staff recommended 30 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Steven M. Lockett 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 18, 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 $200 per day for each day the violations continue past February 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. Ms. Carroll seconded the motion that unanimously passed. Case #10-2774 Sarah Brown th Location: 529 NW 13 Ave. Violations: CO CH10 SEC. 10-56(B) CO CH10 SEC. 10-56(D) Repair potholes in driveway; place four-inch house numbers on building to be visible from City street. Officer Webb presented the case and set forth the details of the violations. Staff recommended 30 days be given for compliance. 44 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Sarah Brown is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before February 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 February 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. Alexis seconded the motion that unanimously passed. Case #10-3262 Deutsche Bank Nat'l. Trust rd Location: 921 NW 3 St. Violation: CO CH 10 SEC. 10-51.5 INC. All property that is vacant or subject to a current notice of default must be maintained in accordance with City property maintenance regulations. Secure property; remove all loose trash and debris; remove unknown tenant. Officer Webb presented the case and set forth the details of the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Deutsche Bank Nat'l. Trust is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before January 29, 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 January 29, 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 #10-3358 Ina Thomas th Location: 233 NW 6 Ave. Violation: CO PT3-LDR.CH1. SEC.4.J.1 45 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 Trim trees away from stop sign and City right-of-way. Place four-inch house number on building to be visible from City street. Officer Webb presented the case and set forth the details of the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Deutsche Bank Nat'l. Trust is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before January 29, 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 $100 per day for each day the violations continues past January 29, 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 #10-3365 Antoine Francelaure nd Location: 406 NW 2 St. Violations: CO CH 15 SEC. 15-120(D) INC. BBA FBC '07 ED. 105.1 PT3-LDR CH21 1 SEC.5 LDR CH2 SEC. 4(E) Property must be mowed, trimmed and free of all loose trash and debris. Lower hedges to 30 inches at the corner rdnd of 3 Ave. and 2 St. Obtain building permits for new fence. Officer Webb presented the case and set forth the details of the violations. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Antoine Francelaure is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before January 29, 2011. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous 46 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $200 per day for each day the violations continue past January 29, 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 #10-3465 Jacob & Shellie J. Rus st Location: 515 NE 1 St. Violation: CO CH15 SECV. 15-120(D) INC. Remove all trash and debris, and all outside storage of items not being actively used. Officer Webb presented the case and set forth the details of the violation. Staff recommended 10 days be given for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Jacob & Shellie J. Rus are in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondents correct the violation on or before January 29, 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 January 29, 2011 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Karageorge seconded the motion that unanimously passed. Case #3493 Prime Property of the Palm Beach Inc. th Location: 550 NW 13 Ave. Violation: CO CH 15 SEC. 15-120 (D) INC. Remove unlicensed and inoperable vehicles from property; obtain Business Tax Receipt for rental of property. Officer Webb presented the case and set forth the details of the violation. Staff recommended 10 days be given for compliance. 47 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that Prime Property of the Palm Beach Inc. is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before January 29, 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 $400 per day for each day the violation continues past January 29, 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. Chair Costantino advised she would have to leave the meeting. Attorney Tolces advised four members were needed for a quorum, and a unanimous vote was required. A motion was needed for a Chair Pro Tem in Chair Costantino's absence. Motion Ms. Carroll moved for Mr. Karageorge to serve as Chair Pro Tem. Mr. Alexis seconded the motion that passed unanimously. (Chair Costantino left the meeting at 10:10 p.m.) Officer Melillo recommended the following case be certified at $75 per day. Case #10-2591 Dana Vanderhoff 928 Isles Rd. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll 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 $75 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Alexis seconded the motion that unanimously passed. Officer Melillo recommended the following cases be certified at $100 per day. 48 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 th Case #10-2377 Juan A. Jr. & 151 NE 28 Ct. Maria L. Loa Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondents have not complied with this Board's Order dated October 20, 2010, and having considered the gravity of the violation, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. Alexis seconded the motion that unanimously passed. Case #10-2824 Deutsche Bank 3300 Ocean Pkwy. National Trust Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll 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 $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Alexis seconded the motion that unanimously passed. th Case #10-3064 Nachman Enterprises LLC 241 NE 28 Ave. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll 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 violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Alexis seconded the motion that unanimously passed. 49 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 th Case #10-2877 137 Woolbright Inc. SE 14 Ave. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll 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 $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Alexis seconded the motion that unanimously passed. th Case #10-2859 Roger Smith 714 NE 9 Ave. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll 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 $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Alexis seconded the motion that unanimously passed. th Case #10-2982 Targon IV LLC 534 NW 5 St. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll 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 $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Alexis seconded the motion that unanimously passed. Officer Melillo recommended the following case #10-2591 be certified at $150 per day. th Case #10-3242 Andio Painting Inc. 3191 SW 14 Pl. #11 50 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll 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. Mr. Alexis seconded the motion that unanimously passed. Case #10-3244 2600 Quantum LLC 1035 Gateway Blvd. #210 Boca Tanning Club Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll 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. Mr. Alexis seconded the motion that unanimously passed. rd Case #10-2773 BAC Home Loans Servicing LP 2626 NE 3 Ct. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll 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. Mr. Alexis seconded the motion that unanimously passed. Case #10-2791 Deutsche Bank National Trust 724 W. Ocean Ave. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll 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 51 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 actions taken by the Respondent, that this Board impose and certify a fine in the amount of $150 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Alexis seconded the motion that unanimously passed. Case #10-2799 Nationstar Mortgage LLC 2181W. Woolbright Rd. #101 Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll 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. Mr. Alexis seconded the motion that unanimously passed. Case #10-2800 HSBC Bank USA Nat'l. Assoc. 2081 W. Woolbright Rd. #101 Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll 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. Mr. Alexis seconded the motion that unanimously passed. Case #10-2802 Deutsche Bank National Tr. 2161 W. Woolbright Rd. #101 Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll 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 52 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Alexis seconded the motion that unanimously passed. th Case #10-2994 U.S. National Association Tr. 1199 SW 25 Ave. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll 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. Mr. Alexis seconded the motion that unanimously passed. nd Case #10-3030 GMAC Mortgage LLC 2950 SE 2 St. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll 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. Mr. Alexis seconded the motion that unanimously passed. th Case #10-1130 Bank of America 153 SE 30 Ave. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll 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. Mr. Alexis seconded the motion that unanimously passed. 53 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 Case #10-2452 JB Enterprises LLC 2700 Quantum Blvd. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll 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. Mr. Alexis seconded the motion that unanimously passed. Case #10-2635 HSBC Mortgage Services Inc. 2882 S. Oasis Dr. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll 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. Mr. Alexis seconded the motion that unanimously passed. Case #10-2987 Citimortgage 437 W. Ocean Ave. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll 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. Mr. Alexis seconded the motion that unanimously passed. Officer Melillo recommended the following cases be certified at $200 per day. 54 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 th Case #10-2534 General Electric Capital Corp. 210 SW 14 Pl. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll 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 $200 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Alexis seconded the motion that unanimously passed. Officer Melillo recommended the following cases be certified at $250 per day. rd Case #10-1411 Wachovia Mortgage 2668 SW 23 Cranbrook Dr. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll 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 $250 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Alexis seconded the motion that unanimously passed. th Case #10-2532 Thomas A. Thomas, Jr. Tr. 1399 SW 30 Ave. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll 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 $250 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Alexis seconded the motion that unanimously passed. Officer Melillo recommended the following case be certified at $750 per day. 55 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 th Case #10-2837 Aida Rivera 1622 NE 4 Ct. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll 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 $750 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. Alexis seconded the motion that unanimously passed. Officer Melillo recommended the following cases be certified at $1,000 per day. th Case #10-2313 Michael J. and Jane A. Morris 921 SW 334 Ave. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondents have not complied with this Board's Order dated September 15, 2010, and having considered the gravity of the violations, the actions taken by the Respondents, 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 Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. Alexis seconded the motion that unanimously passed. th Case #10-2786 Virgin O. Valentin 332 NE 15 Ct. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll 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 violations, 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 Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. Alexis seconded the motion that unanimously passed. 56 Meeting Minutes ee g Code Compliance Board Boynton Beach, Florida January 19, 2011 Case #10 -3074 Clyde & Alberta Jones 1625 NE 2 St. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondents have not complied with this Board's Order dated November 17, 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 $1,000 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. Alexis seconded the motion that unanimously passed. Case #09 -2909 High Ridge Properties 640 E. Ocean Ave. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll move that this Board find that the Respondent did not comply with this Board's Cease and Desist Order dated October 21, 2009, and having considered the gravity of the violation the actions taken by the Respondent that this Board impose and certify a fine in the amount of $1009 250 per occurrence for one occurrence plus administrative costs. Mr. Alexis seconded the motion that unanimously passed. Case #10 - 1605 Barbara Peters 1009 Reposo Ave. Officer Melillo recommended the following cases be certified for administrative costs of $634.12. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll 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 $634.12 for 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. Alexis seconded the motion that unanimously passed. 57 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 th Case #10-2532 Thomas A. Thomas, Jr. Tr. 1399 SW 30 Ave. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll 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 $634.12 for 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. Alexis seconded the motion that unanimously passed. rd Case #10-2788 Wells Fargo Bank 1009 SW 3 Ave. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll 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 $634.12 for 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. Alexis seconded the motion that unanimously passed. Officer Melillo recommended "No fine" for the following cases: Case #10-2946 Yachtsman Properties LLC 1550 N. Federal Hwy. Transcom Caribbean Market #11 Motion Based on testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondents, Yachtsman Properties LLC and Transcom Caribbean Market, 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 November 17, 2010, and in consideration of the gravity of the violation 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. Alexis seconded the motion that unanimously passed. Case #10-2947 137 Woolbright Inc. 137 E.Woolbright Rd. #101 Hammad Enterprises, Inc. 58 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 Motion Based on testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondents, 137 Woolbright Inc. and Hammad Enterprises, Inc., 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 November 17, 2010, and in consideration of the gravity of the violation and the actions taken by the Respondents to remedy the violation and the previous violations of the Respondents, that this Board impose and certify “No Fine.” Mr. Alexis seconded the motion that unanimously passed. Case #10-2960 High Ridge Properties 640 E. Ocean Ave. #13 Lentine Enterprises LLC Motion Based on testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondents, High Ridge Properties and Lentine Enterprises LLC, 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 November 17, 2010, and in consideration of the gravity of the violation and the actions taken by the Respondents to remedy the violation and the previous violations of the Respondents, that this Board impose and certify “No Fine.” Mr. Alexis seconded the motion that unanimously passed. th Case #10-2847 U.S. Bank Nat'l. Association 424 NE 15 Ct. Motion Based on testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent, U.S. Bank Nat'l. Association, 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. Alexis seconded the motion that unanimously passed. 59 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 Case #10-2853 Abraham Cowrie 3150 Orange St. Motion Based on testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent, Abraham Cowrie, 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. Alexis seconded the motion that unanimously passed. st Case #10-2647 Bettijane A. King 458 NW 1 Ave. Motion Based on testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent, Bettijane A. King, 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 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. Alexis seconded the motion that unanimously passed. th Case #10-3033 Amtrust Bank 209 SW 7 Ave. Motion Based on testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent, Amtrust 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 violation and the actions taken by the Respondent to remedy the violations and the previous violation of the Respondent, that this Board impose and certify “No Fine.” Mr. Alexis seconded the motion that unanimously passed. nd Case #10-3041 Lamar Nixon 411 NE 2 St. Motion Based on testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent, Amtrust Bank, was in violation of the 60 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 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 violations and the previous violation of the Respondent, that this Board impose and certify “No Fine.” Mr. Alexis seconded the motion that unanimously passed. Officer Melillo recommended the following cases be tabled to February 16, 2011. th Case #10-2385 John and Patricia Virgil 2880 NE 4 St. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on February 16, 2011. Mr. Alexis seconded the motion that unanimously passed. Case #10-2678 Boynton Shoppes Acquisition 2212 N. Congress Ave. Boynton Ale House Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on February 16, 2011. Mr. Alexis seconded the motion that unanimously passed. th Case #10-2742 Mazzocchi Investments LLC 2616 NE 4 Ct. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on February 16, 2011. Mr. Alexis seconded the motion that unanimously passed. Case #09-1227 Boynton Plaza 111 N. Congress Ave. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on February 16, 2011. Mr. Alexis seconded the motion that unanimously passed. 61 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 Case #10-2641 Metlife Home Loans 3310 Canal Dr. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on February 16, 2011. Mr. Alexis seconded the motion that unanimously passed. Case #10-3026 J.P. Morgan Chase Bank 3805 S. Lake Dr. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on February 16, 2011. Mr. Alexis seconded the motion that unanimously passed. Adjournment There being no further business to discuss, the meeting properly adjourned at 10:17 p.m. Stephanie D. Kahn Recording Secretary 12011 62 Meeting Minutes Code Compliance Board Boynton Beach, Florida January 19, 2011 Case #10-2641 Metlife Home Loans 3310 Canal Dr. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on February 16, 2011. Mr. Alexis seconded the motion that unanimously passed. Case #10-3026 J.P. Morgan Chase Bank 3805 S. Lake Dr. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on February 16, 2011. Mr. Alexis seconded the motion that unanimously passed. Adjournment There being no further business to discuss, the meeting properly adjourned at 10:17 p.m. [) Lj~--._ )- / .......-,p j '" ~ _....jA. ~...- Stephanie D. Kahn Recording Secretary 12011 62