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Minutes 04-20-11 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, APRIL 20, 2011, AT 6:30 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Richard Yerzy, Vice Chair Kathleen Carroll Robert Foot Kirk LaRock Aimond Alexis, Alternate (arrived 6:32 p.m.) Barry Ravel, Alternate Scott Blasie, Code Compliance Administrator Shana Bridgeman, Assistant City Attorney J. Call to Order Chair Costantino called the meeting to order at 6:31 p.m. II. Approval of Agenda Mr. Alexis arrived at 6:32 p.m. John Herring, Code Compliance Officer, announced the following: Case No. 08-2511 was tabled to June 15, 2011. Motion Mr. Foot moved to table Case #08-2511 to June 15, 2011. Vice Chair Yerzy seconded the motion that unanimously passed. Case NO.1 0-3259 was tabled to June 15, 2011. Motion Mr. Foot moved to table Case #10-3259 to June 15, 2011. Mr. LaRock seconded the motion that unanimously passed. Case Nos: 11-264 and 11-513 came into compliance. Case No: 11-32 was removed. 1 Meeting Minutes Code Compliance Board Boynton Beach, FL April 20, 2011 Motion Mr. Foot moved to approve the agenda as amended. Mr. LaRock seconded the motion that unanimously passed. IV. Swearing in of witnesses and introduction Attorney Bridgeman explained the hearing procedures. The Recording Secretary administered the oath to all who would be testifying. Officer Herring called the roll and determined who was present. Case No. 11.566 Property Address: Violation(s): Katies Kids 2895 SE 2nd Street CO CH2.5 SEC. 2.5-12+13 Excess false alarms and service fee. Deanna Richardson, Administrative Associate, located the commercial property and reviewed the details of the violation The case originated from a routine inspection on March 2, 2011, for excessive false alarms. Written notice was sent giving 10 days to comply. Certified mail was sent March 22, 2011 and signed on March 23, 2011. Notice by regular mail was sent March 2, 2011. The violation was excessive false alarms in the amount of $3,450. Staff recommended 10 days be given to comply. Catherine Mohommad, 127 S. Kaye St. Lake Worth, owner of Katies Kids Learning Center, pled not guilty. Ms. Richardson explained there are three free alarms per year starting October 1 st. They had a total of eight alarms since then with an excess of five. It was explained if the alarm was working properly, it was not a false alarm. Ms. Mohammad explained the alarm sounded when neighborhood kids shoot BB guns, shooting out windows in her vehicle and windows. She had pictures. When the Police came on previous occasions, she was advised there was nothing they can do. At one point, she was replacing bus windows every week Mr. LaRock inquired if she kept track of the expenses. Ms. Mohammad had photographs. If kids shoot at the windows and the alarm has a glass sensor, it is not a false alarm. The dates of the false alarms were December 3, 2010, December 8, 2010. two alarms on December 16, 2011 and the last on February 23, 2011. Ms. Mohammad did not have the police reports from those dates. A neighbor of the premises advised her she should drive by the business at night. He lives there and he advised the youth are throwing rocks at the premises. 2 Meeting Minutes Code Compliance Board Boynton Beach, FL April 20, 2011 Charles Jackson, 303 NW 1 st Avenue, testified he visits his girlfriend across the street and he smokes outside. He sees four to six kids. One night he saw one throwing gravel at the building and buses. He ran them off the property, but now they throw stones at his truck and boat. There is a park there where kids get high. It is a bad neighborhood. Jennifer Snow, 5117 Cheryl Lane, West Palm Beach, called the non-emergency number for these instances. Dispatch did not send anyone. Only once did the Police come when one of the neighborhood youth was being chased down the street. It was not an issue for the Police. Ms. Mohammad explained on those occasions, it was kids throwing things and shooting a BB gun through the window. When a call comes in at two in the morning, she was not going to respond. She has three other centers. One officer came out about the bus, but advised nothing could be done. She inquired what should she do. Ms. Richardson had reports from the dates. One report explained the alarm was set off accidentally by an employee. Another was from a hall motion detector. None included anything about a window, they all pertained to a front door, hall motion or accidental alarm. Ms. Richardson testified most of the alarms occurred between midnight and 6:00 a.m. in the morning. The one at 6:00 a.m. occurred on February 23, 2011 and was accidental. The alarm could have been shut off by the employee. The other incidents occurred at 2:10 a.m. on December 3, 2010; at 12:13 a.m. on December 8, 2010; at 3:39 a.m. and 4:20 a.m. on December 16, 2010; and at 6:31 a.m. on February 23,2011. Mr. Foot understood the concern, coming out in the middle of the night, but the fine was $3,450. He commented that equated to $700 per fine. When the Police call and say they were out and no one is there when they arrive, there is no reason for Ms. Mohammed to go because there is no one there. The alarm company said nothing was wrong. One night Ms. Mohammed had to go home and another employee closed for her. The next day when an employee goes to open, the alarm goes off because some employees do not know the Code. At one point, she stopped using the alarm. Mr. Jackson requested mercy on the Respondent's behalf. Diane Springer, Code Compliance Coordinator, explained, based on the incident reports, they are considered false alarms. The Board should not determine if they are false alarms. They should only make a finding if they are guilty of not paying the fine. Staff already determined they were false alarms. It was acknowledged, however, that there are occasions when additional facts and documentation could be presented. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Katies Kids is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the 3 Meeting Minutes Code Compliance Board Boynton Beach, FL April 20, 2011 violations on or before May 20, 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 May 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 of the property to verify compliance with this Order. Mr. Foot seconded the motion that unanimously passed. Case No.1 0-3661 Property Address: Violation( s): Martin Velasquez & Mary Sauceda 390 Miner Road CO CH15 SEC. 15-120(D) 1 INC Remove unlicensed and inoperable vehicles, tires and auto parts from the property. Repair fence. Install sod in yard. Luney Guillaume, Code Compliance Officer, reviewed the details of the violation having to do with the Community Appearance Code. The Respondents are to remove unlicensed and inoperable vehicles. The initial inspection occurred December 30, 2010. Written notice was sent giving 10 days to correct the violation. Certified mail was sent and the green card signed on March 17, 2011. Respondents were present. The fence complied and the tires were removed. Only the auto parts and cars remained outstanding. Martin Velasquez, 390 Miner Road, pled no contest. He testified he removed the cars and he had spoken with Officer Luney who confirmed they were gone, but then the Respondents returned the cars to the property. He showed photographs to the Respondent and the Board members. Mr. Velasquez explained he had tags for the truck and it was up for renewal in two weeks. The vehicle was operable and titled out of state. The vehicle was his fathers who passed away, hence the reason for it being at his home. He requested two weeks to correct the violation. He testified the vehicle had a tag and was insured, but he took the tag off to show Officer Guillaume and forgot to put it back on. They were not on the vehicle when the photographs were taken. Officer Guillaume explained this was ongoing. Alvira Gonzales, 390 Miner Road, testified the vehicles are all operable. Mr. Velasquez did remove the tags because the dogs he owns chews them. Mr. Velasquez has insurance and they are registered. Mr. Velasquez pulled the tags off the vehicle because the officer wanted to see them, but then he did not put them back on. The tags and insurance were up for renewal on May 1 st. Ms. Gonzales had the renewal notices. The auto parts were removed. The back of a pickup truck still remained. Mr. Velasquez testified he could remove it in a couple of weeks. 4 Meeting Minutes Code Compliance Board Boynton Beach, FL April 20, 2011 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that a Cease and Desist Order be issued giving Martin Velasquez and Mary Sauceda until May 5, 2011 to bring the violations of City of Boynton Beach Code sections as cited into compliance. The board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that a fine in the amount of $500 per recurrence of the violation thereafter shall be imposed upon the Respondents. Mr. Foot seconded the motion that passed unanimously. It was clarified the above Cease and Desist Order was only for the vehicles. Other violations remained for auto parts and were addressed as follows: Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Martin Velasquez & Mary Sauceda 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 May 5, 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 May 5, 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. Mr. Foot requested the matter be tabled and expressed concern about the sequence. There was a vote on the motion, which unanimously passed. Mr. LaRock sought to modify his motion regarding the date on the Cease and Desist order. Ultimately, however, he kept the same date of May 5, 2011 and same amount of $500 per incident. It was further clarified the main order of $100 per day pertained to whether the violations were not corrected by May 5, 2011 for everything. The purpose of the Cease and Desist was requested by Officer Guilliume for occurrences after the fact because the Officer testified the Respondents kept bringing things back and forth. Case No. 11-514 Property Address: Violation( s): Nationwide Investment Firm 1093 SW 25th Place CO CH15 SEC.15-120(D) INC CO CH15 SEC 15-120(E) INC 5 Meeting Minutes Code Compliance Board Boynton Beach, FL April 20, 2011 Repair, replace or remove deteriorated wood fencing. Resod dead areas on lawn. Remove trash and debris. Officer Lewis reviewed the details of the violation as contained in the staff report. The only outstanding violation was resodding. It was a rental property so water restrictions did not apply. The Respondent was present. Gerald McConnel, 301 Yamato Road, Suite 1240 Boca Raton, Vice President of Nationwide Investment Firm pled not guilty. When they evicted the prior tenants, they had sublet the property, and those tenants were evicted. He testified Nationwide planned to rectify the matter, install the sod and abide by the Code. He could bring the property into compliance in 15 days. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Nationwide Investment Firm is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before May 5, 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 May 5, 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. It was noted the address was incorrect and the Respondent should change it with the Property Appraiser's Office. Additionally, a Business Tax Receipt is required to rent property. Case No. 11-593 Property Address: Violation( s): Grove Plaza D LLC 3924 Hypoluxo Road LDR CH 21 II SEC. 3 Inc. LDR CH 21 II SEC. 3 (R) Remove and keep property free of unpermitted signs and banners from the property including signs on top of vehicles. Vestiguerne Pierre, Code Compliance Officer, reviewed the details of the violation as contained in the staff report. The Respondent was to remove signs and banners from the property, including the sign on top of the vehicle. The Respondent was present. 6 Meeting Minutes Code Compliance Board Boynton Beach, FL April 20, 2011 Jim Woods, 4451 NW 10th Street, Coconut Creek, works for Strategic Realty Services, the property management company hired and pled not guilty. Officer Pierre had photographs he reviewed with the Respondent and the Board. The signs were no longer on the property. Mr. Woods received the notice and removed the signs. The reason the case was being heard was it was a continuing problem; the signs are removed and then come back. Officer Pierre was asking for a Cease and Desist Order. The landlord was responsible for all sign violations on the property. As of today, the violations were corrected. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that a Cease and Desist Order be issued giving Grove Plaza D LLC until April 21, 2011 to bring the violations of City of Boynton Beach Code sections as cited into compliance. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that a fine in the amount of $250 per recurrence of the violation thereafter shall be imposed upon the Respondent. Mr. LaRock seconded the motion that passed unanimously Mr. Woods has two tenants with issues with signs. He had documentation and asked the Code Officers to call him with violations and he would address them. Some new tenants do not know what the Codes are and it was suggested he make the tenants aware of the regulations. Mr. Woods commented he did not know why the landlord was held accountable and did not think it was right. Case No. 11-50 Property Address: Violation( s): Wilfranc & Marila Moise 241 SW 10th Avenue CO CH1 0 SEC 10-56(A),(B),(D) LDR CH 2 SEC 5(C) (1) CO CH13 13-16 Business Tax Receipt required to rent residence. Remove outside storage, trash and debris. Replace rotted wood in carport area. Officer Herring presented the case for Officer Pete Roy and reviewed the details of the violation. The case arose from a routine inspection on January 4, 2011. Initial notice was sent January 7, 2011 via regular mail giving 10 days to correct the violations. Certified mail was sent March 15, 2011 and signed on March 17, 2011. The Business Tax Receipt was not required due to it not being occupied; however, the other violations remained. Daniella Diaz, Associate Attorney with Marshall C. Watson, 1800 NW 49th Street Suite 120, Ft. Lauderdale was present on behalf of BAC Home Servicing. Ms. Diaz testified 7 Meeting Minutes Code Compliance Board Boynton Beach, FL April 20, 2011 they foreclosed on the property. The Certificate of Title was issued on March 31, 2011. She pled no contest and requested 30 days to comply. The Certificate of Title was only issued on March 31,2011 and they could not enter the property prior to the date. The property will also need to be registered. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Wilfranc & Marila Moise 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 May 20, 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 May 20, 2011 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed 5-1 (Mr. Foot dissenting.) Case No. 11-501 Property Address: Violation( s): Terry A. & Margaret M. Weeks NW 10th Avenue CO CH10 SEC. 10-2 Vacant lot must be mowed, trimmed and free of loose debris. Willie Webb, Senior Code Compliance Officer, presented the case and reviewed the details of the violation. The case arose from a routine neighborhood inspection. The initial inspection occurred on February 23, 2011. Written notice was provided by regular mail on the same day giving 10 days to correct the violation. Certified mail was sent on March 15, 2011 and was signed on March 17, 2011. Terry Weeks, 934 S. Patrick Circle, West Palm Beach, pled no contest. His problem was his property was the only vacant lot on the entire block. Word was out it was the dump. He had been cleaning it up for 30 years. Over the last few years, tires were being dumped. He wanted to talk to the Board about it, but was advised the meetings were only for those who were non-compliant. Accordingly, he did not comply in order to address the Board. He indicated there is 350 feet on his side of the street that is a vacant lot that is not his lot. They have no problem with that lot as it is City-owned property. On his 50-foot lot, it is dumped on. The property is not fenced. Someone knows who was dumping. Right now there are tires on the property line. Half were on his property and half on the City's. He only wanted assistance in getting rid of the tires. Chair Costantino referred him to the City Commission for help. Mr. Weeks indicated he did not think they would help him. Officer Webb explained the same situation occurred a few blocks over. He told the owner there is a no trespassing contract available 8 Meeting Minutes Code Compliance Board Boynton Beach, FL April 20, 2011 through the Boynton Beach Police Department. If Mr. Weeks obtains the sign, the Police will advise him what to put on the sign. He could place the sign on the property and sign a contract and they will enforce it. If trespass occurs, they will not call the owner, they will take care of the issue. It has worked well. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Terry A. & Margaret M. Weeks 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 April 30, 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 April 30, 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 #10-2106 Raul Vargas Jr. 405 SE 1st Street Officer Herring requested this case be tabled for 60 days to June 15. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on June 15, 2011. Mr. LaRock seconded the motion that unanimously passed. Case #10-3325 Iglad A. Naurelus & Marie Volcy 215 SW 5th Avenue Officer Herring reviewed the details of the case as contained in the staff report. The initial inspection occurred on November 19, 2010 for unregistered vehicles and outside storage. The hearing was held January 19, 2011 and no one appeared. The compliance date was January 29, 2011 or incur a fine of $150 per day. The violation still exists, having 80 days of non-compliance. Officer Herring had photographs. Iglad Naurelus, 316 SW 5th Avenue, testified he did clean his property, but he cannot put items outside on Friday until 3 p.m. He was charged twice for the violation. He spoke to Officer Roy and Diane Springer and he left a message for Officer Herring. He removed the car, but lost the title. He authorized the Code Officer to go in the backyard to inspect. The insurance for three cars was too much money. He left the car in the backyard with a valid tag. 9 Meeting Minutes Code Compliance Board Boynton Beach, FL April 20, 2011 Officer Herring had photographs taken earlier in the day which he reviewed with the Respondent and the Board. The original violation occurred while he was in the hospital. He spoke with Officer Roy when he got out and explained the situation and he knew he had the tag. The vehicle runs. The problem was the insurance. The Code requires the proper registration and a valid tag, which requires insurance. He called the insurance company and was told that as long as he had a six-foot high fence he was fine. This was also advised by his business lawyer. He has the fence and does not drive the vehicle The tag will expire on October 10th. Chair Costantino explained the case was in the certification process. Mr. Foot explained he has accrued $12,000. Mr. Foot also requested hearing from the Officer or Legal Counsel if insurance was required by City ordinance in order to be compliant. Officer Monteith, Boynton Beach Police Department, clarified he cannot speak for the City Ordinance but Florida Statute requires insurance with registration. If not, the driver is subject to having their license suspended for financial responsibility. This pertains to the roadway. Registration and insurance is required if he was operating the vehicle. Mr. Noreulus indicated he could show the tag, registration and papers. Mr. Foot suggested the item be tabled for a month and have counsel determine if the City ordinance requires insurance on the registration for vehicles on private property. Motion Mr. Foot moved to table to May 15, 2011. The motion died for lack of a second. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondents have not complied with this Board's Order dated January 19, 2011, 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 $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. Vice Chair Yerzy seconded the motion that passed 5-1 (Mr. Foot dissenting.) 10 Meeting Minutes Code Compliance Board Boynton Beach, FL April 20, 2011 Motion Mr. Foot moved to reconsider the item at the May 18, 2011 meeting. The motion died for lack of a second. Chair Costantino requested the Board be provided with a copy of the information at the next meeting. Chair Costantino passed the gavel to Vice Chair Yerzy and announced as Board Chair, they are put in a lot of strange positions. She has the honor to say goodbye to Mr. Blasie. Chair Costantino knew Mr. Blasie since he started with the department and he has done many good things. As Chair of the Board, she wanted to give the plaque saying thank you for his hard work and dedication to the citizens. Scott Blasie, Code Compliance Administrator, appreciated the plaque and expressed he will miss all the Board members. He has enjoyed working with the Board, citizens and staff. He thanked all. Vice Chair Yerzy also stated a short time ago, there was an internal problem with respect to their position within City government. Because of the efforts made by the Chair, Mr. Blasie, and the staff, the matter was resolved favorably and they continue on under the auspices of the Police Department. He thanked them for their efforts and announced he was very proud to be a member of the group. Chair Costantino also thanked former Board members James Brake and Mark Karageorge for attending the presentation in Mr. Blasie's honor. Case No. 10-3429 U.S. Bank Nat'l Associations 125 Arthur Court Officer Guillaume reviewed the violations pertained to installing a proper pool barrier to secure pool. maintain the pool and remove trash. The hearing was held on February 16, 2011 and no one appeared. A compliance date of February 23, 2011 was set or a $500 per day fine would be incurred. There were 55 days of non-compliance. Rebecca Fetterspill Widder, Shapiro and Fishman, 2424 N. Federal Highway, Suite 360, Boca Raton, was present. Officer Guillaume reported all of the violations remained. Ms. Fetterspill Widder announced they represent the foreclosure action, and they took no action due to a short sale, which fell through. The foreclosure sale was next week on the 28th and they have advised the buyers to address all the violations. If the Board certified the lien, it makes it difficult to sell the property. The bank does not yet own the property. 11 Meeting Minutes Code Compliance Board Boynton Beach, FL April 20, 2011 Chair Costantino explained there was an unsecured pool needing to be addressed. Ms. Fetterspill Widder requested 30 days before certifying the fine. They can bring the property into compliance prior to that. They do not have certificate of title. It is not the Bank's property. She has an email from the bank indicating they notified people to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated February 16, 2011, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $500 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. Case No. 09-432 Luanne & Frank Call 707 SE 3rd Street Officer Herring reviewed the details of the case as contained in the staff report. The hearing was held September 15, 2009 and no one appeared. The compliance date set was March 14, 2011 or incur a fine of $150 per day. There were 36 days of non- compliance. The Florida Holly was removed. Staff and the Respondent had an agreement six months ago to take care of it. All the other violations remained. Officer Herring had photographs. Frank Call, 707 SE 3rd Street, testified some of the items were addressed. He removed the car and fixed the fence. He did not know about other items such as outside storage. Other items in front of the apartment were from the tenants who were evicted. By law, Mr. Call can not remove the contents from the front. He has a valid permit for the roof and was in the process of fixing the roof. He was expecting a tax return, but it is financially tough and he requested leniency. Mr. Call had the eviction papers on his person and reiterated he cannot legally remove the items from the front yard, but as soon as he receives the notice from the Sheriff Department on the door, he will get a tow truck and remove them. The Board noted the violations had not been addressed for a long time. The case was heard in September of 2009 and he was then given six months. Mr. Call understood there would be no fines, but he never received the notice for the meeting. He only received certified mail for this meeting. He requested leniency and explained he has done what he was clearly told, but he was not clear on what else there was. Chair Costantino noted the August 20, 2010 notice was to the bank and attorney. The green card for the notice was signed April 4, 2011. The September 15, 2010 certified mail was signed for by Luanne Call. That was when they had discussed no fines. 12 Meeting Minutes Code Compliance Board Boynton Beach, FL April 20, 2011 Motion Mr. Foot moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on May 18, 2011. Mr. LaRock seconded the motion that unanimously passed. It was clarified to Mr. Call that May 18, 2011 was when he had to come back to the Board. It did not stop the fine from running. Case No. 11-371 Mega Mini Co. 2951 SW 14th Place Officer Lewis reviewed the details of the case as contained in the Notice of Violation. The violation date was February 10, 2011. The case was heard on March 16, 2011 and no one appeared. A compliance date was established for March 26, 2011 or incur a fine of $150 per day. There were 24 days of non-compliance. The City recommends certifying the fine. Robert Gaudio, 301 Isle of Capris Drive, Ft. Lauderdale, was the General Manager. He explained Mega Mini applied for a permit on multiple occasions. The subject sign was on the property for multiple years, but the City cannot find when the permit was pulled. It was explained that pertained to the next case. Mr. Gaudio explained they applied for a sign on the West Wall and were rejected. Instead of putting up a sign, they freshened an existing mural with three letters and three dots. In their opinion, it was not a sign. They spoke with Scott Blasie, Code Compliance Administrator, and requested meetings with Mike Rumpf. Mr. Rumpf was unable to get back with him and was working to meet him. They were taking the next step and going to the Building Board of Adjustments and Appeals. He requested this be tabled until then. Mr. Gaudio added the last issue there was with Mega Mini was successfully defended before the City Commission. He was not aware of the hearing date for the next meeting. Officer Lewis explained wall signs are not allowed and Mr. Gaudio was aware of that before the other violation occurred. He could have put a sign up with letters and the same wording as was there with a permit and he could have painted over what was there and been in compliance. Mr. Gaudio opined it was a mural and the City says it's a sign. He explained a commercial sign has elements that make it a sign, such as a phone number, name of business, and a combination of factors. A mural does not. Mr. Gaudio contended the subject painting does not meet the criteria of a sign. Mr. Foot inquired if Mr. Gaudio considered it an advertisement. 13 Meeting Minutes Code Compliance Board Boynton Beach, FL April 20, 2011 Mr. Blasie was put under oath and reviewed the Code. The definition of a sign was any "letter, figure, character, mark, plain point, marquee sign, design, poster, pictorial, picture, banner, stroke, stripe, line, trademark or reading material which shall be constructed placed, attached, painted, erected, fastened, manufactured or displayed in any matter whatsoever for the purpose of informing or advertising about the nature, type or quality or goods, services or activities available; or to advertise the name of any firm, corporation business or any other enterprise or its nature, type or quality of goods services or activities; or to attract to or identify any of the aforementioned or by its nature, act to draw attention to a business." He was unsure it was an appealable issue for the Building Board of Adjustment and Appeals. 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 March 16, 2011, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $150 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. Case No. 11-401 Mega Mini Co. 2951 S. Congress Avenue Officer Lewis reviewed the details of the violation. The date of the Notice of Violation was February 14, 2011 to secure a permit for a new real estate sign placed on vacant property. The subject property was a vacant lot adjacent to the Respondent's other property. The hearing was March 16, 2011, no one appeared. The compliance date was March 25, 2011. The violation still exists. Robert Gaudio, 301 Isle of Capri Drive, Ft. Lauderdale, testified they applied for a permit for a much larger sign to replace an existing sign. The permit was denied. When the permit for the new sign was denied, he repainted the existing sign on the property. Then he was cited for a violation for a sign that was there at least 10 years. Mr. Gaudio went to the Planning Department and learned staff could not find a permit ever pulled for the sign, and he tried multiple times to meet with Mike Rumpf. The issue with not allowing the sign permit was the property was owned for the last 30 years by the same business adjacent to the property. They cannot do a unity of title and they are requesting it be tabled until they appeal the issue. Mr. Blasie explained Article 2, Chapter 21 of the Land Development Regulations provides for a variance process that is done strictly through the City Commission, not the Building Board of Adjustments and Appeals process. Only three conditions for a variance exist which are: a decrease of setback, a height exception, or the number of signs. No variances may be granted to signs expressly prohibited by this Chapter. He 14 Meeting Minutes Code Compliance Board Boynton Beach, FL April 20, 2011 explained if Mr. Gaudio was looking for a Board of Adjustments, it should go to the City Commission. Mr. Foot recalled the Ordinance, in the past, provides that a sign must have on it the number for the permit. Mr. Foot's wife had a sign in the past. It is the applicant's responsibility to come back with the paperwork to show that a permit was issued. If they do not have it on the sign, they were not in compliance. Officer Lewis agreed the Respondent could have easily complied by taking it down, but they refused. The violation was a complaint by a neighbor. The sign could have been removed in five minutes. The options were to obtain a permit or remove the sign. Mr. Gaudio applied for a permit and each time it was denied. Chair Costantino suggested then that should signify the sign had to come down. Mr. Gaudio contended these are extremely trying times. The sign was up for at least 12 years. Mr. Gaudio commented when the issue came up they were in the economic downturn. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated March 16,2011 and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $150 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. There was consensus to take a five-minute break at 8:27 p.m. (Mr. Foot left the meeting at 8:27 p.m.) The meeting reconvened at 8:36 p.m. Case No. 11-569 Property Address: Violation( s): High Ridge Properties-Cafe Frankies 640 E. Ocean Avenue 11 CO CH2.5 SEC. 2.5-12+13 Excess false alarms & service fee. Ms. Richardson reviewed the details of the violation, which pertained to excess false alarms. Staff recommended a compliance date of May 20, 2011 due to the fact that the Respondent has tried to arrange a payment plan with them. The total amount owed was $2,450 and the current balance was $1,700. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that High Ridge Properties - Cafe Frankies is in 15 Meeting Minutes Code Compliance Board Boynton Beach, FL April 20, 2011 violation of the City of Boynton Beach Code Section as cited, and moved to order that the Respondent correct the violation on or before May 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 May 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. Mr. LaRock seconded the motion that passed unanimously. Case No. 11-572 DUKE PGC at Quantum 19 LLC - The Parnell Martin Co. 1103 Gateway Boulevard CO CH2.5 SEC. 2.5-12+13 Excess false alarms & service fee. Property Address: Violation(s): Ms. Richardson reviewed the details of the violation as stated on the notice of violation, which pertained to excess false alarms. The amount owed was $700. Staff recommended a compliance date of April 30, 2011. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that DUKE PGC at Quantum 19 LLC - The Parnell Martin Co. 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 May 20, 2011 April 30. 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 M:JY 20, 2011 April 30. 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. LaRock seconded the motion that passed unanimously. Case No. 11-500 Property Address: Violation(s): Charles E. Pfister 347 NE 24th Avenue CO CH15 SEC. 15-120(0) Inc. CO CH13 SEC 13-16 Business tax receipt required to rent unit. Remove unlicensed and inoperable vehicles from property. Officer Guillaume reviewed the details of the violation as contained in the Notice of Violation. Staff recommended a compliance date of April 30, 2011. 16 Meeting Minutes Code Compliance Board Boynton Beach, FL April 20, 2011 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Charles E. Pfister is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before April 30, 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 April 30, 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 No. 11-621 Property Address: Violation( s): Annette Harrell 391 NE 28th Court CO CH10 SEC. 10-52 PT3-LDR.CH2. SEC. 5.D.1. Remove transmissions, tires, engines, toolbox in rear yard. Car repair is not permitted in residential zoning district. Officer Guillaume reviewed the details of the violation as contained in the Notice of Violation. Staff recommended a compliance date of April 30, 2011. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Annette Harrell is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before April 30, 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 April 30, 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 No. 11-455 Mortgage Electronic Registration (714 SE 3rd Street) 714 SE 3rd Street CO CH10 Sec. 10-51.5 Inc. Property Address: Violation(s): 17 Meeting Minutes Code Compliance Board Boynton Beach, FL April 20, 2011 Property that is vacant or subject to default must be maintained per City Code. Replace or repair rotted or missing fascia and soffit. Officer Herring reviewed the details of the violation as contained in the Notice of Violation. Staff recommended a compliance date of April 30, 2011. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Mortgage Electronic Registration, 714 SE 3rd Street is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before April 30, 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 April 30, 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 No. 10-3652 HSBC Bank USA Nat'l Assoc. (38 Island Dr.) 38 Island Drive CO CH10 Sec. 10-51.5 Inc. Property that is vacant or subject to default must be registered with the City and maintained per City Code. Register the property with the City. Property Address: Violation(s): Officer Lewis reviewed the details of the violation as contained in the Notice of Violation. Staff recommended a compliance date of May 5,2011. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that HSBC Bank USA Nat'1 Association, 38 Island Drive is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before April 30, 2011 Mav 5, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past April 30, 2011 Mav 5, 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 18 Meeting Minutes Code Compliance Board Boynton Beach, FL April 20, 2011 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 No. 11-71 Property Address: Violation( s): Kathleen A. Romeo 303 SW 7th Street BBA FBC '07 ED. 105.1 Building permit required for new roof structure. Red tagged. Officer Lewis reviewed the case as contained in the Notice of vVolation. The Respondent was present earlier and requested 60 days to obtain the permit. Staff had no objection to the request. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Kathleen A. Romeo is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before June 19, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past June 19, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case No. 11-184 Property Address: Violation(s): Jaures Dorainvil 229 SW 6th St. CO CH 15 SEC. 15-120(D) Inc. Mow and weed yard and swale areas. Remove dead palm fronds, trash and debris from property. Officer Lewis reviewed the case as contained in the Notice of Violation. Staff recommended a compliance date of May 5,2011. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Alexis moved that this Board find that Jaures Dorainvil is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before May 5, 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, 19 Meeting Minutes Code Compliance Board Boynton Beach, FL April 20, 2011 a fine in the amount of $100 per day for each day the violation continues past May 5, 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 No. 11-341 Property Address: Violation( s): US Bank National Assoc. (2850 SW 4th St.) 2850 SW 4th Street CO CH 15 SEC. 10-51.5 (Inc.) Property that is vacant or subject to default must be maintained per City Code. Obtain permits to repair fire damage. Mike Melillo, Senior Code Compliance Officer, reviewed the case as contained in the Notice of Violation. The property is registered, but no permits were obtained. Staff recommended a compliance date of April 30, 2011. There was extensive fire damage and this was the second suspicious fire at this location. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that US Bank National Assoc. 2850 SW 4th St. is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before April 30, 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 April 30, 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 No. 11-440 Property Address: Violation(s): Wells Fargo Bank (118 SE 29th Ave.) 118 SE 29th Ave. CO CH 10 SEC. 10-51.5 Inc. Property that is vacant or subject to default must be maintained per City Code. Mow grass and weeds. Officer Melillo presented the case as contained in the Notice of Violation. Staff recommended a compliance date of April 30, 2011. The grass was mowed, but trash remained. 20 Meeting Minutes Code Compliance Board Boynton Beach, FL April 20, 2011 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before April 30, 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 April 30, 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 No. 11-98 Deutsche Bank Nat'l Trust Co. (1 Chelsea Lane) 1 Chelsea Lane CO CH1 0 SEC. 10-51.5 Inc. Property that is vacant or subject to default must be registered with the City and maintained per City Code. Mow overgrown yard and trim overgrowth. Property Address: Violation(s): Officer Pierre reviewed the case as contained in the Notice of Violation. Staff recommended a compliance date of April 30, 2011. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Aimond moved that this Board find that Deutsche Bank Nat'1 Trust Co. (1 Chelsea Lane) is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before April 30, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past April 30, 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 No. 11-592 Property Address: Violation( s): Grove Plaza Investments LLC 3940 Hypoluxo Road CO CH10 SEC. 10-51.5 Inc. LDR Ch 21 II SEC. 3 INC. LDR Ch 21 II Sec. 3 (R) 21 Meeting Minutes Code Compliance Board Boynton Beach, FL April 20, 2011 Remove unpermitted signs and banners, including sign or banner on top of vehicle. Outside storage not allowed. Remove tires stored outside. Keep property free of unpermitted signs and banners. Officer Pierre reviewed the case as contained in the Notice of Violation. Staff recommended a compliance date of April 30, 2011. He requested a Cease and Desist Order for the case. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Alexis moved that a Cease and Desist Order be issued giving Grove Plaza Investments LLC until April 30, 2011 to bring the violations of City of Boynton Beach Code sections as cited into compliance. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that a fine in the amount of $200 per recurrence of the violation thereafter shall be imposed upon the Respondent. Mr. LaRock seconded the motion that passed unanimously. Case No. 11-612 Property Address: Violation( s): Anthony Sr., Anthony Jr. & Marianna Varano 1410 Via De Pepi CO CH13 SEC. 13-16 Business Tax Receipt required to rent residence. Officer Pierre reviewed the case as contained in the Notice of Violation. Staff recommended a compliance date of April 30, 2011. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Anthony Sr., Anthony Jr. & Marianna Varano 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 April 30, 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 $75 per day for each day the violation continues past April 30, 2011 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. 22 Meeting Minutes Code Compliance Board Boynton Beach, FL April 20, 2011 Property Address: Violation (s): Citimortgage Inc. (607 S. Seacrest Boulevard) 607 S. Seacrest Boulevard LDR CH2 SEC. 5(D)(1) CO CH1 0 Sec. 10-56(A)(B)(D) Business Tax Receipt required to rent residence. Remove trash, debris and outside storage. Mow and trim overgrowth. Repair rotten fascia. Car sales are not allowed. Case No. 11-366 Officer Herring reviewed the details of the case as contained in the Notice of Violation. Staff recommended a compliance date of May 20, 2011. All of the violations were outstanding. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Citimortgage Inc. (607 S. Seacrest Boulevard) 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 May 20, 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 May 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 of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case No. 11-451 Property Address: Violation( s): G & C Holdings LLC 1311 S. Seacrest Boulevard CO CH13 SEC. 13-16 CO CH10 SEC. 10-58(A) (F) Business tax receipt required to rent property. Repair sanitary drain system. Officer Herring reviewed the case as contained in the Notice of Violation. Staff recommended a compliance date of April 30, 2011. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Alexis moved that this Board find that G & C Holdings LLC is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before April 30, 2011. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the 23 Meeting Minutes Code Compliance Board Boynton Beach, FL April 20, 2011 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 April 30, 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 No. 11-424 Property Address: Violation (s ): Sauternes V LLC 1311 S. Seacrest Boulevard CO CH15 SEC. 15-120(D) Inc. Vacant lot must be mowed, trimmed and free of lose trash and debris. Officer Webb reviewed the details of the case as contained in the Notice of Violation. Staff recommended a compliance date of April 30, 2011. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Sauternes V LLC is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before April 30, 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 April 30, 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 No. 11-425 Property Address: Violation( s): Kyle Smith & Katherine Joyce 647 South Road CO CH15 SEC. 15-120(D) Inc. Remove all outside storage of items not actively being used from public view. Remove unlicensed and inoperable boats and trailers from property and City right-of-way. Officer Webb reviewed the case as contained in the Notice of Violation. Staff recommended a compliance date of April 30,2011. 24 Meeting Minutes Code Compliance Board Boynton Beach, FL April 20, 2011 Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Kyle Smith & Katherine Joyce 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 April 30, 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 April 30, 2011 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. Case No. 11-547 Property Address: Violation(s): Tom D. & Anita Olsom 665 South Road BBA FBC "07 ED. 105.1 Permit required to remodel house. tagged. Red Officer Webb reviewed the case as contained in the Notice of Violation. Staff recommended a compliance date of April 30, 2011. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Tom D. & Anita Olsom 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 April 30, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $150 per day for each day the violation continues past April 30, 2011 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case No. 11-601 Property Address: Violation(s): HSBC Bank USA (120 NW 4th Avenue) 120 NW 4th Avenue CO CH 10 SEC. 10-51.5 INC. Property that is vacant or subject to default must be registered with the City and maintained per City Code. 25 Meeting Minutes Code Compliance Board Boynton Beach, FL April 20, 2011 Officer Webb reviewed the details of the case as contained in the Notice of Violation. Staff recommended a compliance date of April 30,2011. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that HSBC Bank USA (120 NW 4th Avenue) is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before April 30, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past April 30, 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. Attorney Bridgeman researched a question posed by Mr. Foot earlier in the meeting having to do with the Lien Penalty Certification, Iglad Noreulus case, whether he could have the vehicle on the property with no insurance. Attorney Bridgeman explained a vehicle cannot be on private property for more than 30 days without it being properly registered. Since it was not insured, which he testified to and it was well over 30 days, then the registration is invalid. Mr. Foot had been advised of her findings and the actions taken by the Board were appropriate. Officer Herring recommended the following cases be certified at $50 per day: Case No.1 0-351 0 Martin Diaz & Piedad Guarnizo 1067 SW 28th Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondents have not complied with this Board's Order dated February 16, 2011, 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 $50 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. 26 Meeting Minutes Code Compliance Board Boynton Beach, FL April 20, 2011 Case No. 10-3505 Aurora Loan Services LLC 3635 SE 2nd Street Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated February 16, 2011, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $50 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. Officer Herring recommended the following cases be certified at $100 per day: Case No. 11-290 Southern Homes of Palm Beach LLC 3031 Waterside Circle Waterside Village Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated March 16, 2011, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case No.1 0-3611 Yohaira & Mario Castillo 1503 NE 2nd Court Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondents have not complied with this Board's Order dated February 16, 2011, and having considered the gravity of the violation, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. 27 Meeting Minutes Code Compliance Board Boynton Beach, FL April 20, 2011 Case No. 11-168 Harbor Way 115 Trust 115 Harbors Way Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated March 16, 2011, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case No. 10-3582 BAC Home Loans Servicing 2084 SW Park Drive Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated March 16, 2011, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case No. 11-99 Jean Francois 636 W. Ocean Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated March 16, 2011 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. Ms. Carroll seconded the motion that unanimously passed. Case No. 11-26 John & Jennifer Davis 3010 SE 2nd Street Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondents have not complied with this Board's Order dated March 16, 2011, 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 $100 per day plus administrative costs which shall continue to 28 Meeting Minutes Code Compliance Board Boynton Beach, FL April 20, 2011 accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case No. 11-136 Deutsche Bank Trust Co. 1019 W. Fairfax Circle Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated March 16, 2011, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case No. 11-137 Bank of New York Mellon Tr. 1329 E. Fairfax Circle Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated March 16, 2011, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case No. 11-201 Safety Solutions Inc. 3457 High Ridge Road Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated March 16, 2011, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. 29 Meeting Minutes Code Compliance Board Boynton Beach, FL April 20, 2011 Case No. 10-3484 Bank of New York 215 SW 1 st Street Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated February 16, 2011, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case No. 11-5 Wayne Course 449 NW 1 st Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated February 16, 2011, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case No. 11-52 BAC Home Loans Servicing 437 SW 10th Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated March 16, 2011, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case No. 10-3511 Wells Fargo Bank 403 NE 11th Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated February 16, 2011, 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 30 Meeting Minutes Code Compliance Board Boynton Beach, FL April 20, 2011 until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Officer Herring recommended the following cases be certified at $150 per day: Case No. 11-227 Innocent & Nadine A. Francilus 649 W. Ocean Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondents have not complied with this Board's Order dated February 16, 2011, 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 $150 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case No. 10-3323 Bank of New York 1 Campbell Place Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated January 19, 2011, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $150 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case No. 11-74 Emile & Marie Celestin 326 SW 14th Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondents have not complied with this Board's Order dated February 16, 2011, and having considered the gravity of the violation, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $150 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. 31 Meeting Minutes Code Compliance Board Boynton Beach, FL April 20, 2011 Case No. 11-75 Dieufort & Yanick Louise-Jeune 469 SW 2nd Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondents have not complied with this Board's Order dated February 16, 2011, and having considered the gravity of the violation, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $150 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case No.1 0-2011 Rosa Sakir 670 South Road Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated February 16, 2011 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 $150 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Officer Herring recommended the following cases be certified at $200 per day: Case No.1 0-2768 Chackman Motels Inc. 706 W. Boynton Beach Boulevard Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated 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. 32 Meeting Minutes Code Compliance Board Boynton Beach, FL April 20, 2011 Case No. 10-3542 John W. Fields Jr. 311 Ocean Parkway Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated February 16, 2011, 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. Case No. 11-379 Carlo Dareus & Ernst Renelique 337 SW 5th Lane Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondents have not complied with this Board's Order dated March 16, 2011, 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 $200 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. Officer Herring recommended the following cases be certified at $250 per day: Case No. 11-295 Nizer and Susan Uri 103 E. Boynton Beach Boulevard Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondents have not complied with this Board's Order dated March 16, 2011, 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 $250 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. Case No. 11-204 John Dvoracek 2960 N. Seacrest Boulevard Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this 33 Meeting Minutes Code Compliance Board Boynton Beach, FL April 20, 2011 Board's Order dated March 16, 2011, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $250 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. Case No. 11-331 BankUnited 197 SE 27th Place Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated March 16, 2011, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $250 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. Case No. 11-314 Rafael Lopez & Ana B. Galvez 168 SE 31 st Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondents have not complied with this Board's Order dated March 16, 2011, 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 $250 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. Case No. 11-251 GMAC Mortgage Corp 423 SW 1 st Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated March 16, 2011, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $250 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. 34 Meeting Minutes Code Compliance Board Boynton Beach, FL April 20, 2011 Case No. 11-322 Branch Banking and Trust Co. 216 SW 4th Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated March 16, 2011, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $250 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. Case No. 10-3316 Elifaite Dieujuste 121 NE 4th Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated January 19, 2011, and having considered the gravity of the violations the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $250 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. Case No. 11-40 Bank of New York Mellon 512 NW 9th Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated February 16, 2011, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $250 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. Case No. 11-311 Tammy Anderson 550 NW 11th Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated March 16, 2011, 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 35 Meeting Minutes Code Compliance Board Boynton Beach, FL April 20, 2011 the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. LaRock seconded the motion that unanimously passed. Officer Herring recommended the following case be certified at $400 per day: Case No. 10-3496 3493 Prime Property of the Palm Beaches Inc. 550 NW 13th Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated January 19, 2011, 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 $400 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 Herring recommended the following cases be certified at $500 per day: Case No.1 0-3490 Suntrust Bank 104 NW 5th Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that the Respondent has not complied with this Board's Order dated February 16, 2011, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $500 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Vice Chair Yerzy seconded the motion that unanimously passed. Case No.1 0-3521 Countrywide Home Loans 206 NE 12th Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that the Respondent has not complied with this Board's Order dated February 16, 2011, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $500 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon 36 Meeting Minutes Code Compliance Board Boynton Beach, FL April 20, 2011 Case No. 11-70 David Julsaint & Rose Guervil 116 NW 6th Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that the Respondents have not complied with this Board's Order dated February 16, 2011 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 $500 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Vice Chair Yerzy seconded the motion that unanimously passed Officer Herring recommended the following cases be certified at $1,000 per day: Case No. 11-173 US Bank National Association 2850 SW 4th Street Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated March 16,2011, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $1,000 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case No. 11-33 SunTrust Mortgage Inc. 412 SW 10th Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated February 16, 2011, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $1,000 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case No.10-3262 Deutsche Bank Nat'l Trust 921 NW 3rd Street Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this 37 Meeting Minutes Code Compliance Board Boynton Beach, FL April 20, 2011 Board's Order dated January 19, 2011, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $1,000 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Officer Herring recommended the following cases be certified at zero dollars or "No Fine" since the cases complied: Case No.1 0-1358 Douglas Goodwion 513 NW 8th Court Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent, Douglas Goodwion was in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Order of October 20, 2010, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify "No Fine." Ms. Carroll seconded the motion that unanimously passed. Case No. 10-3329 Frantzso Jesuca & Marie Bayard 205 SW 5th Avenue Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondents, Frantzso Jesuca & Marie Bayard were in violation of the City of Boynton Beach Code sections as cited subsequent to the date of compliance specified in the Board's Order of January 19, 2011, and in consideration of the gravity of the violations and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents, that this Board impose and certify "No Fine." Ms. Carroll seconded the motion that unanimously passed. Case No.1 0-2679 701 West Boynton Beach Blvd. 701 W. Boynton Beach Blvd. Wendy's Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent, 701 West Boynton Beach Blvd., 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 January 19, 2011, 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 38 Meeting Minutes Code Compliance Board Boynton Beach, FL April 20, 2011 impose and certify "No Fine." Ms. Carroll seconded the motion that unanimously passed. Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent, Wendy's, 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 January 19, 2011, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify "No Fine." Ms. Carroll seconded the motion that unanimously passed. Case No. 11-267 1950 Congress Ave. Styles for Less 910 N. Congress Ave. #140 Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent, 1950 Congress Ave., 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 March 16, 2011, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify "No Fine." Ms. Carroll seconded the motion that unanimously passed. Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent, Styles for Less 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 March 16, 2011, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify "No Fine." Ms. Carroll seconded the motion that unanimously passed. Case No. 11-297 Boynton JCP Associates Healthy Delights 801 N. Congress Ave. #715 Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent, Boynton JCP Associates, 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 March 16, 2011, and in consideration of 39 Meeting Minutes Code Compliance Board Boynton Beach, FL April 20, 2011 the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify "No Fine." Ms. Carroll seconded the motion that unanimously passed. Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent, Healthy Delights, 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 March 16, 2011, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify "No Fine." Ms. Carroll seconded the motion that unanimously passed. Case No. 11-158 William Sr. & Yvonne McLaren 119 Harbors Way Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent, William Sr. & Yvonne McLaren 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 March 16, 2011, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify "No Fine." Ms. Carroll seconded the motion that unanimously passed. Case No. 11-159 Vanessa A. Hernandez 123 Harbors Way Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent, Vanessa A. Hernandez 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 March 16, 2011, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify "No Fine." Ms. Carroll seconded the motion that unanimously passed. Case No. 11-60 Countrywide Home Loans Inc. 1311 SW 27th Avenue Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent, Countrywide Home Loans Inc 40 Meeting Minutes Code Compliance Board Boynton Beach, FL April 20, 2011 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 March 16, 2011, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify "No Fine." Ms. Carroll seconded the motion that unanimously passed. Case No. 11-200 Christine K. Yost 2753 SW 11th Street Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent, Christine K. Yost was in violation of the City of Boynton Beach Code sections as cited subsequent to the date of compliance specified in the Board's Order of March 16, 2011, 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." Ms. Carroll seconded the motion that unanimously passed. Case No. 11-27 Carline Saint Felix 2930 SE 2nd Street Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent, Carline Saint Felix 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 February 16, 2011, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify "No Fine." Ms. Carroll seconded the motion that unanimously passed. Case No. 10-3454 Michael Alexander & Sabrina Diotte 501 S. Ocean Avenue Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondents, Michael Alexander & Sabrina Diotte were in violation of the City of Boynton Beach Code sections as cited subsequent to the date of compliance specified in the Board's Order of February 16, 2011, and in consideration of the gravity of the violations and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents, that this Board impose and certify "No Fine." Ms. Carroll seconded the motion that unanimously passed. 41 Meeting Minutes Code Compliance Board Boynton Beach, FL April 20, 2011 Case No. 11-53 Kesnel Philippe 306 SW 4th Avenue Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent, Kesnel Philippe, was in violation of the City of Boynton Beach Code sections as cited subsequent to the date of compliance specified in the Board's Order of February 16, 2011, 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." Ms. Carroll seconded the motion that unanimously passed. Case No.1 0-326 Michael Alexander & Sabrina Diotte 501 S. Ocean Avenue Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondents, Michael Alexander & Sabrina Diotte, were in violation of the City of Boynton Beach Code sections as cited subsequent to the date of compliance specified in the Board's Order of March 16, 2011, and in consideration of the gravity of the violations and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents, that this Board impose and certify "No Fine." Ms. Carroll seconded the motion that unanimously passed. Officer Herring recommended the following case be tabled to May 18, 2011: Case No. 10-2747 Chackman Motels Inc. 706 W. Boynton Beach Blvd. Motion Mr. LaRock moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on May 18, 2011. Ms. Carroll seconded the motion that unanimously passed. Case No.1 0-2767 Chackman Motels Inc. 706 W. Boynton Beach Blvd. Motion Mr. LaRock moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on May 18, 2011. Ms. Carroll seconded the motion that unanimously passed. 42 Meeting Minutes Code Compliance Board Boynton Beach, FL April 20, 2011 Case No.1 0-2323 2828 Chackman Motels Inc. 706 W. Boynton Beach Blvd. Motion Mr. LaRock moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on May 18, 2011. Ms. Carroll seconded the motion that unanimously passed. Case No. 10-3584 Wachovia Mortgage Corp. 405 SE 21st. Avenue Motion Mr. LaRock moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on May 18, 2011. Ms. Carroll seconded the motion that unanimously passed. Case No. 10-564 Salvatore M. Decanio 211 E. Boynton Beach Blvd. Motion Mr. LaRock moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on May 18, 2011. Ms. Carroll seconded the motion that unanimously passed. Officer Herring recommended the following case be tabled to June 15, 2011: Case No. 10-3623 Brownstone Management LLC 1500 SW 30th Avenue Motion Vice Chair Yerzy moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on June 15, 2011. Mr. LaRock seconded the motion that unanimously passed. Case No. 11-150 Kelsey Manor 3471 High Ridge Road Motion Vice Chair Yerzy moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on June 15, 2011. Mr. LaRock seconded the motion that unanimously passed. 43 Meeting Minutes Code Compliance Board Boynton Beach, FL April 20, 2011 Reconsideration of Board Order Case No. 11-18 Property Address: Violation (s): Raymond & Linda J. Avallone 3210 SE 2nd Street CO CH13 SEC. 13-16 Must renew Business Tax Receipt for ALF and to rent the other unit. Officer Melillo explained this item was brought back because the service was incorrect. The service was on the bank and not the owner. He explained the Respondent was operating an assisted living facility without a license. He was also in foreclosure. The case was before the Board in the past. Motion Vice Chair Yerzy moved to reconsider. Ms. Carroll seconded the motion that unanimously passed. Motion Vice Chair Yerzy moved to rescind the Board Order. Ms. Carroll seconded the motion that unanimously passed. Officer Melillo reviewed Case No. 11-18 at the above referenced address. The owners, Raymond & Linda J. Avallone, were cited for failure to renew their Business Tax Receipt and Assisted Living Facility license. The bank, the mortgage holder, was Bank of New York Mellon, care of Shapiro Fishman at 2424 N. Federal Highway, #360, Boca Raton. Staff recommended 10 days. After a brief discussion, it was suggested five days would be more appropriate. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Raymond & Linda J. Avallone are in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondents correct the violation on or before April 25, 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 $350 per day for each day the violation continues past April 25, 2011 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. LaRock seconded the motion that unanimously passed. 44 Meeting Minutes Code Compliance Board Boynton Beach, FL April 20, 2011 Chair Costantino thanked the Building Department for attending the meeting. It was noted Karl Swierzko, Chief Field Inspector, was present. Adjournment. There being no further business to discuss, Ms. Caroll moved to adjourn. Mr. LaRock seconded the motion that unanimously passed. The meeting was adjourned at 9:06 p.m. ~~L dmuy Catherine Cherry Recording Secretary 050211 45