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Minutes 05-18-11 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, MAY 18, 2011, AT 6:30 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Shana Bridgeman, Assistant City Attorney Richard Yerzy, Vice Chair Kathleen Carroll Robert Foot Kirk LaRock Aimond Alexis I. Call to Order Chair Costantino called the meeting to order at 6:30 p.m. II. Approval of 2/16/11, 3/16/11 Minutes and 3/21/11, 4/18/11 Lien Reduction Minutes Motion Vice Chair Yerzy moved to approve the minutes of February 16, 2011 as amended and was seconded by Mr. LaRock. The motion was passed unanimously. Motion Vice Chair Yerzy moved to approve the minutes of March 16, 2011 as amended and was seconded by Mr. Foot. The motion passed unanimously. Motion Vice Chair Yerzy moved to approve the minutes of March 21, 2011 and was seconded by Mr. Alexis. The motion passed unanimously. Motion Mr. Foot advised a correction to the April 18, 2011 Lien Reduction minutes. On page 5, Case #10-2800, line 2, first paragraph, currently reads 2011 and should read 2010. He moved to approve the minutes as amended and was seconded by Vice Chair Yerzy. The motion passed unanimously. III. Approval of Agenda Officer Roy advised there were deletions on the agenda. Case No. 11-680 has been tabled to June 15, 2011. Case No. 11-688 has complied. Meeting Minutes Code Compliance Board Boynton Beach, FL May 18, 2011 Chair Costantino advised at the end of the meeting, she would bring the Board up-to- date on a few things that occurred at the Commission meeting on cases that were heard. Motion Mr. LaRock moved to approve the agenda, as amended and was seconded by Vice Chair Yerzy. The motion was passed unanimously. IV. Swearing in of witnesses and introduction Attorney Bridgeman explained the hearing procedures and administered the oath to all who would be testifying. Officer Roy called the roll and determined who was present. Case No. 11-673 Daniel and Robyn Shepard Property Address: 3000 High Ridge Road Violation(s): CO BBA FBC 07 ED. 105.1 Permit is required for electrical, air conditioning and construction work. Vestiguerne Pierre , Code Compliance Officer, reviewed the details of the violation as contained in the report. The Respondent was present. Doug Shepard , 3896 Byrnes Road, Suite 101, Palm Beach Gardens, pled no contest and advised he issued a notice to the tenant to vacate the property on April 29, 2011 giving 30 days. If not vacated, he would file an eviction notice. He has been working with the Building Department as well as Officer Pierre. There is a demolition in process and when the tenant is vacated, it will be removed. He advised 30 days would be adequate. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Daniel and Robyn Shepard are in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before June 17, 2011. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past June 17, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to 2 Meeting Minutes Code Compliance Board Boynton Beach, FL May 18, 2011 arrange for re-inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. Case No. 09-3294 US Bank National Association rd Property Address: 1431 NW 3 Street Violation(s): CO CH10 09-040 Inc. Foreclosure must be registered, mow overgrown yard, trim overgrowth and vegetation. Pete Roy , Code Compliance Officer, advised the hearing date was on January 20, 2010 and no one appeared. Compliance Date and proposed fine was set by the Board for February 4, 2010 or $250 per day. They complied on February 16, 2011, number of days of non-compliance were 376 days for a total of $94,000. Sue King , RELS Title,1591 Haley Lane, Ft. Myers, was the representative for the Respondent and advised a lien reduction was requested and sent a check in on April 12, 2011. When the search was done, lot clearing liens were discovered at which time the reduction hearing was requested. She could not advise when it was registered. The bank took Certificate of Title and it was recorded on September 25, 2010. The sales price on the property is $26,600. She did not have the figure of the Bank foreclosure. She advised she received the file on March 15, 2011. At that time, a search was requested to determine what was due. A check was ordered for $467.78 in addition to the $200 to appear for the hearing. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Vice Chair Yerzy moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of January 20, 2010 to an amount of $9,400 including administrative costs. Mr. LaRock seconded the motion that unanimously passed. Case No. 10-1499 Peter Wolofsky nd Property Address: 407 SW 2 Avenue Violation(s): CO CH10 SEC.10-2 Clean, mow and maintain vacant lot to include right of way (swale). Officer Roy advised this came before the Board on October 20, 2010 and no one appeared. The compliance date and proposed fine was set by the Board for October 3 Meeting Minutes Code Compliance Board Boynton Beach, FL May 18, 2011 30,2010 or $100 per day. They complied on January 5,2011 for a total of 66 days and a fine of $6,600 plus administrative costs of $826. Larry Finklestein, 1501 Corporate Drive, Suite 240, Boynton Beach, was present for Separate Property, LLC which is the current owner of the property. Peter Wolofsky was a lender who foreclosed on several properties in this neighborhood and did not pay the taxes so the properties had been sold on tax deed sales. This property in question was not purchased on the tax deed sale, but one of the other parcels was purchased on a tax deed sale and the foreclosure had taken care of those liens. Mr. Finklestein advised they had complied on this lot before the property was owned because it was overgrown at the time and was next to another lot they owned. They went through the process of cleaning up the title, paid three years of municipal liens of about $1,500 for previous violations and the application fee. Once that was current, they applied for the lien reduction. He advised they took title on April 26, 2011 and started working on the property back in October when the adjacent lot was purchased. Officer Roy advised he went by the property daily and by the time it came before the Board, it was not compliant and it was not until January that Mr. Finklestein advised the lots had been mowed and to reinspect the property. Mr. Finklestein advised they only mowed the property because it was next to another one of theirs, so they never contacted anyone. It was after that time, they contacted Mr. Wolofsky to purchase the property, but the liens were making it unaffordable. He further advised they are trying to make a trade with Habitat of Humanity, but were advised the past taxes had to be paid before the lien reduction could be applied for in the amount of $4,761 for 2008, 2009 and 2010 plus the $1,490.40 in municipal liens. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Vice Chair Yerzy moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of October 20, 2010 to an amount of $1,4802.18 including administrative costs. Mr. LaRock seconded the motion that unanimously passed. Case No. 10-2130 Property Address: Violation( s): Jeremy Levine 1241 Sussex Street CO CH 13 SEC 13-16. Business tax receipt required. Officer Roy advised the Code Compliance Board hearing was on September 15, 2010 and no one appeared. Compliance date and proposed fine was set by the Board for 4 Meeting Minutes Code Compliance Board Boynton Beach, FL May 18, 2011 September 30, 2010 or $150 per day. Date of compliance was April 27, 2011 for 208 days for a total of $31,200, plus $634.12 in administrative fees. Alexander Gananno , 7000 W. Palmetto Park Road, Suite 307, Boca Raton, is an attorney with the firm of Aldridge Conners and advised they represent the current owner. Mr. Levine no longer owns the property. It is currently owned by HSBC. He advised he spoke with the realtor and his understanding was that Mr. Levine rented the property without a business tax receipt and that is what led him to be out of compliance. The Bank took title to the property on April 11, 2011 and his understanding was the property was vacant and compliant at that point. He is asking for a reasonable reduction as the Bank had the property under contract. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of September 15, 2010 to an amount of $1,500 including administrative costs. Mr. LaRock seconded the motion that unanimously passed. Case No. 10-2591 Dana Vanderhoff Property Address: 928 Isles Road Violation(s): CO BBA FBC ’07 105.1 Renew expired permit Officer Roy advised this came before the Board on November 17, 2010 and no one appeared. The compliance date and proposed fine set by the Board was November 27, 2010 or $75.00 per day. They complied on February 22, 2011 for a total of 86 days of non-compliance for a total of $6,450 plus administrative costs of $634.12. Bob Loscotai , 708 Lucern Avenue, Lake Worth, is the listing agent for Aurora Lawn Services which is the current owner of the property. He advised there is a pending sale on the property and had a closing date, but could not close because of the lien. He advised the purchase price on the property is $374,000. He advised the Board that they were required to get an inspection done and there were no permit requirements. It was an old permit and they just needed to call for an inspection. John Herring, Code Compliance Officer, advised this case was an expired air conditioning permit and the case was written to either renew the expired permit or apply for a new one. The air conditioning company renewed the permit and it passed inspection. 5 Meeting Minutes Code Compliance Board Boynton Beach, FL May 18, 2011 Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of November 17, 2010 to an amount of $1,000 including administrative costs. Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 11-554 Serrano at Country Lakes, HOA Property Address: 50 Country Lake Circle Violation(s): LDR CH 4, SEC 11 Site plan to be maintained per plan. Skip Lewis , Senior Code Compliance Officer, presented the case and reviewed the details of the violation. He advised they do have a plan in place. This was a complaint and the neighbors were in attendance to speak. The City’s recommendation is to accept their plan. In summary, the homeowners along this border line took it upon themselves to remove very large trees which were part of the landscape border. The President of the Homeowners Association wants to rectify as soon as possible, but there are money constraints due to foreclosure. Mr. Foot inquired which trees the City was concerned with. Mr. Lewis advised the City was concerned about the whole site to bring it up to site plan. The recommendation before the Board was to plant the three “hot spot” trees, with the first three that affect the homeowners planted within 90 days, one during each month. The next ones would be planted over the process of a year. The compliance date for the three trees would be August 16, 2011. rd Roger Saberson , 2740 SW 23 Cranbrook Drive, advised his home is directly behind the homes in question. In the beginning, the developer came to the City and instead of doing traditional single family zoning, they wanted more density. There was much discussion at that time about the type of buffering to be used to accomplish the density issue and provide privacy to adjoining property owners. The City maintained a strong stand on the issue. Ultimately what was planted was called “Shady Lady” trees. These trees grew to two stories in height and were finally achieving the purpose they were being planted for in the first place and then they were removed. The Board should be firm and he suggested that if the trees are not planted as scheduled, there should be repercussions. Mr. Lewis indicated that there will be input from the homeowners also to make sure when the first tree is planted, it is acceptable. 6 Meeting Minutes Code Compliance Board Boynton Beach, FL May 18, 2011 Andrew Dodge, 2738 Cranbrook Drive, mentioned he felt there was a lot of suffering involved from the whole building project. A lot of discussions took place over six months with Planning & Zoning and the DR Horton Group. It was very disheartening to see the trees removed and all privacy gone. There was approximately eight years of growth so obviously specimens of a large scale size are desired. This has been an ongoing problem since March and several months have already elapsed and now another three months will pass before the first three trees are planted. Mr. Dodge made a recommendation to have these three trees planted in the next 30 days as we are in the height of the growth cycle now. Mr. Dodge also requested that a recommendation be made to prevent this from happening in the future. Mr. LaRock inquired whether a permit was required to remove trees and Mr. Lewis advised the reason they were cited was because they did not get a permit. Ms. Carroll added it would be up to their own Board to police the common areas of the property and put into place any penalties that their Board of Directors would have for those people violating the rules. It would not be this Board’s responsibility to put anything in place for future tree cutting. The only thing the Board would be responsible for would be violations of City Codes like site plan violations. Vice Chair Yerzy inquired whether there were dates set for the other trees to be planted or just specific dates on the first three trees. Chair Costantino indicated the others were to be planted within one year. She further advised two motions would be made, one for the first three and one for the remainder. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Serrano at Country Lakes, HOA is in violation of the City of Boynton Beach Code section as cited and moved to Order that the Respondent correct the violations on or before May 31, 2011, at which time the first tree approved by the City must be planted, June 30, 2011, at which time the second tree approved by the City must be planted, and July 31, 2011, at which time the third tree approved by the City must be planted. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $200 per day for failure to plant the first tree, $400 per day for failure to plant the second tree, and $600 per day for failure to plant the third tree, for each day the violation continues past the aforementioned dates 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. 7 Meeting Minutes Code Compliance Board Boynton Beach, FL May 18, 2011 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Larock moved that this Board find that Serrano at Country Lakes, HOA is in violation of the City of Boynton Beach Code section as cited and moved to Order that the Respondent correct the violations on or before May 18, 2012. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $500 per day for each day the violation continues past May 18, 2012, 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. The entire site plan restoration must be completed as per the City’s request. Mr. Foot seconded the motion that unanimously passed. Case #11-665 Sloan Weigold Property Address: 1739 Palmland Drive Violation(s): CO CH13 SEC. 13-16 Business tax receipt required for rental Respondent sworn in due to late arrival. Skip Lewis , Senior Code Compliance Officer, presented the case and reviewed the details of the violation. He advised the Respondent had applied for the Business Tax Receipt. The application is received; however, they did not call for an inspection. Sloan Weigold, 7141 High Ridge Road, entered a plea of not guilty. Chair Costantino inquired of Mr. Weigold whether the property was rented. Mr. Weigold advised it had been rented for ten days and he had received a phone call stating he needed to obtain a Business Tax Receipt. He advised he mailed the paperwork and did not hear from the City. He further advised the City informed him a notice was mailed to him, but he stated he never received anything in the mail. He stated that all mail had been directed to Palmland Drive and not the address he resides at. Chair Costantino inquired of Mr. Weigold which address was listed with the Palm Beach County Assessor Records. Mr. Weigold advised the Assessor Record indicates 7141 High Ridge Road and Officer Lewis confirmed that all certified mail was mailed to Mr. Weigold and returned unclaimed. Service was by posting the rental property violation address. Mr. Foot added that Mr. Wiegold is responsible for complying with the law. It is not the City’s responsibility for assuring he received his mail. He sent an application, paid for and application and now he must call for an inspection. 8 Meeting Minutes Code Compliance Board Boynton Beach, FL May 18, 2011 Attorney Bridgeman requested Officer Lewis to state for the record what mailing was done and how the notice was sent to the violator. Officer Lewis indicated that certified mail was sent to 7141 High Ridge Road, the address listed with the Property Appraiser’s Office. It was returned by certified mail. Service was obtained by posting the property and that date was on April 29, 2011, at 1739 Palmland Drive. Affidavit of posting is in the file. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Sloan Weigold 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 June 17, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past June 17, 2011, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that unanimously passed. Case #11-714 Heros A & Lilliane Silva 3025 S. Federal Highway CO CH9 SEC. 9-22 (C) Fire Inspection Fees Deanna Richardson , Administrative Associate reviewed the details of the violation as stated in the Notice of Violation. Staff recommended a compliance date of May 28, 2011. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Heros A. & Lilliane Silva are in violation of the City of Boynton Beach Code Section as cited, and moved to order that the Respondent correct the violations on or before May 28, 2011. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past May 28, 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 and verification of payment of the fees to comply with this Order. Mr. Foot seconded the motion that passed unanimously. 9 Meeting Minutes Code Compliance Board Boynton Beach, FL May 18, 2011 Case No. 11-724 Boynton JCP Associates 801 N. Congress Avenue Short Cuts and Styles #185D CO CH9 SEC. 9-22 (C) Fire Inspection Fees Ms. Richardson reviewed the details of the violation as stated in the Notice of Violation. Staff recommended a compliance date of May 28, 2011.This is a repeat violator. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Boynton JCP Associates is in violation of the City of Boynton Beach Code Section as cited, and moved to order that the Respondent correct the violations on or before May 28, 2011. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $500 per day for each day the violation continues past May 28, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection and verification of payment of the fees to comply with this Order. Vice Chair Yerzy seconded the motion that passed unanimously. Case No. 11-728 Citadel Real Estate Holding 660 W. Boynton Beach Blvd CO CH9 SEC. 9-22 (C) Fire Inspection Fees Ms. Richardson reviewed the details of the violation as stated in the Notice of Violation. Staff recommended a compliance date of May 28, 2011. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Citadel Real Estate Holding is in violation of the City of Boynton Beach Code Section as cited, and moved to order that the Respondent correct the violations on or before May 28, 2011. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past May 28, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection and verification of payment of the fees to comply with this Order. Vice Chair Yerzy seconded the motion that passed unanimously. 10 Meeting Minutes Code Compliance Board Boynton Beach, FL May 18, 2011 Case No. 11-737 Boynton JCP Associated 801 N. Congress Avenue ILGENDER #355B CO CH9 SEC. 9-22 (C) Fire Inspection Fees Ms. Richardson reviewed the details of the violation as stated in the Notice of Violation. Staff recommended a compliance date of May 28, 2011. This is a repeat violator. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Boynton JCP Associated is in violation of the City of Boynton Beach Code Section as cited, and moved to order that the Respondent correct the violations on or before May 28, 2011. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $500 per day for each day the violation continues past May 28, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection and verification of payment of the fees to comply with this Order. Ms. Carroll seconded the motion that passed unanimously. Case No. 11-739 Yachtsman Properties LLC 1550 N. Federal Highway Boss Lady Salon and Spa #12 CO CH9 SEC. 9-22 (C) Fire Inspection Fees Ms. Richardson reviewed the details of the violation as stated in the Notice of Violation. Staff recommended a compliance date of May 28, 2011. This is a repeat violator. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Yachtsman Properties LLC is in violation of the City of Boynton Beach Code Section as cited, and moved to order that the Respondent correct the violations on or before May 28, 2011. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $500 per day for each day the violation continues past May 28, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection and verification of payment of the fees to comply with this Order. Mr. Foot seconded the motion that passed unanimously. 11 Meeting Minutes Code Compliance Board Boynton Beach, FL May 18, 2011 Case No. 11-651 Anthony & Vincent Dangelo 408 S. Circle Drive CO CH 13 SEC. 13-16 Failure to Obtain Business Tax Receipt Officer Cain reviewed the details of the violation as stated in the Notice of Violation. Staff recommended a compliance date of May 28, 2011. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Anthony & Vincent Dangelo are in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before May 28, 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 May 28, 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. 11-652 Harvest Holdings LLC 412 S. Circle Drive CO CH 13 SEC. 13-16 Failure to Obtain Business Tax Receipt Officer Cain reviewed the details of the violation as stated in the Notice of Violation. Staff recommended a compliance date of May 28, 2011. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Harvest 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 May 28, 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 May 28, 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. 12 Meeting Minutes Code Compliance Board Boynton Beach, FL May 18, 2011 Case No. 11-655 Claudy & Yverose Gassant 456 S. Circle Drive CO CH 13 SEC. 13-16 Failure to Obtain Business Tax Receipt Officer Cain reviewed the details of the violation as stated in the Notice of Violation. Staff recommended a compliance date of May 28, 2011. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Claudy & Yverose Gassant are in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before May 28, 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 May 28, 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. 11-679 Lasalle Bank 1635 N. Seacrest Blvd. CO CH10 SEC 10-51.5 INC Failure to Register Property Failure to Maintain Property Officer Cain reviewed the details of the violation as stated in the Notice of Violation. Staff recommended a compliance date of May 28, 2011. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Lasalle Bank is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before May 28, 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 $750 per day for each day the violation continues past May 28, 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. 13 Meeting Minutes Code Compliance Board Boynton Beach, FL May 18, 2011 Case No. 11-681 Joseph A. Jean 1770 N. Seacrest Blvd. CO CH15 SEC. 15-120 (C) (2) CO CH 13 SEC 13-16 Failure to Maintain Property Business Tax Receipt Officer Cain reviewed the details of the violation as stated in the Notice of Violation. Staff recommended a compliance date of June 17, 2011. This is a repeat violator. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Joseph A. Jean 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 June 17, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $250 per day for each day the violation continues past June 17, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that unanimously passed. Case No. 11-683 Joseph A. Jean 1790 N. Seacrest Blvd. CO CH15 SEC. 15-120 (C) (2) CO CH 13 SEC 13-16 Failure to Maintain Property Business Tax Receipt Officer Cain reviewed the details of the violation as stated in the Notice of Violation. Staff recommended a compliance date of June 17, 2011. This is a repeat violator. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Joseph A. Jean 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 June 17, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $250 per day for each day the violation continues past June 17, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- 14 Meeting Minutes Code Compliance Board Boynton Beach, FL May 18, 2011 inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. th Case No. 11-692 Carmelo Campos 330 NE 16 Avenue LDR CH2 SEC 5 (D) (1) CO CH15 SEC.15-120 (D) INC CO CH10 SEC. 10-56 (D) Zone Uses, Cease and Desist Failure to Maintain Property Officer Cain reviewed the details of the violation as stated in the Notice of Violation. Staff recommended a Cease and Desist Order a compliance date of June 2, 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 Carmelo Campos until June 2, 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 $500 per recurrence of the violation thereafter shall be imposed upon the Respondent. Ms. Carroll seconded the motion that passed unanimously. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Carmelo Campos 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 June 2, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $200 per day for each day the violation continues past June 2, 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. 15 Meeting Minutes Code Compliance Board Boynton Beach, FL May 18, 2011 Case No. 10-2302 Christian & Missionary Vision 2923 S. Federal Highway CO CH13 SEC 13-16 LDR CH 4 SEC. 11 CO CH 10 SEC. 10-56(B) Business Tax Receipt Maintain Site Plan Remove Trash and Debris Officer Herring reviewed the details of the violation as stated in the Notice of Violation. He advised they have the final permit for the roof, fixed the electrical, the sewer line has been capped and painted the parking lot. They have to update their Business Tax Receipt from a congregation of 50 to over 200 and have to update the landscape plan with the City in addition to completing the removal of the trash and debris. Staff recommended a compliance date of June 17, 2011. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Christian & Missionary Vision 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 June 17, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past June 17, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. th Case No. 10-3111 Aurora Loan Services LLC 103 SE 5 Avenue CO CH10 SEC. 10-51.5 Repair or Replace Roof Officer Herring reviewed the details of the violation as stated in the Notice of Violation. Staff recommended a compliance date of May 28, 2011. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Aurora Loan Services, LLC 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 28, 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, 16 Meeting Minutes Code Compliance Board Boynton Beach, FL May 18, 2011 a fine in the amount of $100 per day for each day the violation continues past May 28, 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. th Case No. 11-577 Robert & Maureen Murphy 2388 SW 13 Way CO CH15 SEC. 15-120 (E) CO CH10 SEC. 10-56 (D) Maintain Appearance Repair or Replace Roof Officer Lewis reviewed the details of the violation as stated in the Notice of Violation. Staff recommended a compliance date of July 17, 2011. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Robert & Maureen Murphy are in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before July 17, 2011. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past July 17, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. th Case No. 11-620 BAC Home Loans Servicing 2530 SW 14 Street CO CH10 SEC. 10-51.5 Failure to Register Property Mr. Lewis reviewed the details of the violation as stated in the Notice of Violation. He stated the front yard had been re-sodded and the remaining item is registration of the property. Staff recommended a compliance date of June 17, 2011. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that BAC Home Loans Servicing 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 June 17, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the 17 Meeting Minutes Code Compliance Board Boynton Beach, FL May 18, 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 violation continues past June 17, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. st Case No. 11-705 Landis Wright 736 SW 1 Court CO CH15 SEC. 15-120 (D) CO CH10 SEC. 10-56 (B) Remove Vehicle from Property Failure to Maintain Property Mr. Lewis advised the vehicle had been removed from the property and owner stated he would install sod. He reviewed the details of the violation as stated in the Notice of Violation. Staff recommended a compliance date of June 17, 2011. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Landis Wright 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 June 17, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past June 17, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. th Case No. 11-597 Felouse Demesmin 511 SE 34 Avenue CO CH15 SEC. 15-120 (D) Failure to Maintain Property Officer Melillo reviewed the details of the violation as stated in the Notice of Violation. He advised this property had been cited 25 times by six different Code Officers. There is one lien on the property currently. Chair Costantino asked for clarification from Attorney Bridgeman that the Board has the option of going to $5,000 per day for repeat violators of this extent. Attorney Bridgeman confirmed the Board had the option. Staff recommended a compliance date of May 28, 2011. 18 Meeting Minutes Code Compliance Board Boynton Beach, FL May 18, 2011 Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved to find that Felouse Demesmin is in violation of City of Boynton Beach Code section as cited, and moved to order that the Respondent correct the violation on or before May 28, 2011. Based on the evidence presented in this case, the Board finds a repeat violation of the Code section as cited. Having also considered the gravity of the violations, the actions take by the Respondent, the board hereby orders that should the Respondent fail to comply with this order, a fine in the amount of $5,000 per day, shall be imposed for each day the violation continues past May 28, 2011 plus administrative costs. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this order. Vice Chair Yerzy seconded the motion that passed unanimously. th Case No. 11-637 Lasalle Bank 125 SE 27 Place CO CH10 SEC. 10-51.5 Failure to Register Property Officer Melillo reviewed the details of the violation as stated in the Notice of Violation. Staff recommended a compliance date of May 28, 2011. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Lasalle Bank is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before May 28, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $200 per day for each day the violation continues past May 28, 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. nd Case No. 11-675 GMAC Mortgage LLC 2950 SE 2 Street CO CH10 SEC. 10-51.5 Failure to Maintain Property Officer Melillo reviewed the details of the violation as stated in the Notice of Violation. Staff recommended a compliance date of May 28, 2011. 19 Meeting Minutes Code Compliance Board Boynton Beach, FL May 18, 2011 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that GMAC Mortgage LLC is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before May 28, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $500 per day for each day the violation continues past May 28, 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. st Case No. 11-700 Countrywide Home Loans 3632 SE 1 Street CO CH10 SEC. 10-51.5 Failure to Register Property Officer Melillo reviewed the details of the violation as stated in the Notice of Violation. Staff recommended a compliance date of May 28, 2011. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Alexis moved that this Board find that Countrywide Home Loans 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 28, 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 May 28, 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. th Case No. 11-88 Andrew M. Hamburg 515 NW 8 Court CO CH15 SEC. 15-120 (D) 1 Failure to Maintain Property Officer Pierre reviewed the details of the violation as stated in the Notice of Violation. Staff recommended a compliance date of June 17, 2011. 20 Meeting Minutes Code Compliance Board Boynton Beach, FL May 18, 2011 Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Andrew M. Hamburg 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 June 17, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past June 17, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. Case No. 11-747 Cross Creek Boynton LLC 1301 W. Boynton Beach Blvd. LDR CH21 I SEC. 5 Remove Sign from Swale Area Officer Pierre reviewed the details of the violation as stated in the Notice of Violation. Staff recommended a compliance date of May 28, 2011. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Alexis moved that this Board find that Cross Creek Boynton 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 May 28, 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 violation continues May 28, 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. th Case No. 11-816 Jack Berube 1102 NW 8 Street FBC ’04 ED 104.1.1 Expired Permit Officer Pierre reviewed the details of the violation as stated in the Notice of Violation. Staff recommended a compliance date of May 28, 2011. 21 Meeting Minutes Code Compliance Board Boynton Beach, FL May 18, 2011 Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Jack Berube 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 28, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $500 per day for each day the violation continues past May 28, 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. st Case No. 11-630 Federal Home Loan 417 SW 1 Avenue Mortgage Corp CO CH10 SEC. 10-51.5 Failure to Register Property Officer Roy reviewed the details of the violation as stated in the Notice of Violation. Staff recommended a compliance date of May 28, 2011. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Federal Home Loan Mortgage Corp. 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 28, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $500 per day for each day the violation continues past May 28, 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. th Case No. 11-769 DB Structured Products, Inc. 312 SW 8 Avenue CO CH10 SEC. 10-51.5 Failure to Register Property Officer Roy reviewed the details of the violation as stated in the Notice of Violation. Staff recommended a compliance date of May 28, 2011. 22 Meeting Minutes Code Compliance Board Boynton Beach, FL May 18, 2011 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that DB Structured Products, Inc. is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before May 28, 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 May 28, 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. th Case No. 11-781 George W. Huebner 308 SW 14 Avenue CO CH10 SEC. 10-56 (A)(B) Mow, Weed and Trim Areas Officer Roy reviewed the details of the violation as stated in the Notice of Violation. Staff recommended a compliance date of May 28, 2011. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that George W. Huebner 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 28, 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 May 28, 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. nd Case No. 11-783 Boynton Beach Heights Realty 327 SW 2 Avenue 10-2 BBC OF ORD. MOW, WEED, TRIM Officer Roy reviewed the details of the violation as stated in the Notice of Violation. Staff recommended a compliance date of May 28, 2011. 23 Meeting Minutes Code Compliance Board Boynton Beach, FL May 18, 2011 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Boynton Beach Heights Realty 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 28, 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 May 28, 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. th Case No. 11-741 Marie K. Placide 524 NW 11 Avenue CO CH10 SEC. 10-56 (B) CO CH10 SEC. 10-56 (D) CO CH10 SEC. 10-56 (G) Failure to Maintain Property Remove Trash and Debris Secure Building Officer Webb reviewed the details of the violation as stated in the Notice of Violation. Staff recommended a compliance date of May 28, 2011. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Marie K. Placide 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 28, 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 May 28, 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. th Case No. 11-753 Evaughan Lane NW 11 Avenue (Vacant Lot) 10-2 BBC OF ORD Failure to Maintain Property 24 Meeting Minutes Code Compliance Board Boynton Beach, FL May 18, 2011 Officer Webb reviewed the details of the violation as stated in the Notice of Violation. Staff recommended a compliance date of May 28, 2011. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that Evaughan Lane 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 28, 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 May 28, 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. Officer Roy recommended the following cases be certified at $50 per day: Case No. 10-564 Salvatore M. Decano 211 E. Boynton Beach Blvd Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated March 18, 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. Foot seconded the motion that unanimously passed. Officer Roy recommended the following cases be certified at $100 per day: Case No. 10-1629 Aspen 1020 West Industrial LLC 1040 W. Industrial Avenue This case was recommended for administrative fees only and will be pulled and reheard separately. (No motion was made. Pulled for rehearing). Case No. 11-241 Safety Solutions, Inc. 3457 High Ridge Road Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's 25 Meeting Minutes Code Compliance Board Boynton Beach, FL May 18, 2011 Order dated March 31, 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. Mr. LaRock seconded the motion that unanimously passed. Officer Roy recommended the following cases be certified at $200 per day: Case No. 10-2767 Chackman Motels, Inc. 706 W. Boynton Beach Blvd Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that the Respondent has not complied with this Board's Order dated December 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. Ms. Carroll seconded the motion that unanimously passed. Officer Roy recommended the following cases be certified at $500 per day: th Case No. 11-310 J. & Willie Mae Murray 545 NW 11 Avenue 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 March 26, 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 $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. Mr. LaRock seconded the motion that unanimously passed. Officer Roy recommended the following cases be certified at $1,000 per day: Case No. 10-2828 Chackman Motels, Inc. 706 W. Boynton Beach Blvd. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. LaRock moved that this Board find that the Respondent has not complied with this Board's Order dated December 17, 2010, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine 26 Meeting Minutes Code Compliance Board Boynton Beach, FL May 18, 2011 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. Vice Chair Yerzy seconded the motion that unanimously passed. Officer Roy recommended the following case be closed due to new ownership: Case No. 10-3584 Wachovia Mortgage Corp. 405 SE 21st Avenue Motion Ms. Carroll moved to close 10-3584 that was seconded by Mr. LaRock and unanimously passed. Officer Roy recommended the following cases be certified at zero dollars or "No Fine": Case No. 10-2747 Chackman Motels, Inc. 706 W. Boynton Beach Blvd. Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent, Chackman Motels, Inc. was in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Order of December 17, 2010, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify "No Fine." Ms. Carroll seconded the motion that unanimously passed. Case No. 10-4464 1464 Alfred J. & Yvonne Wilson 280 NE 16th Street Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondents, Alfred J. & Yvonne Wilson were in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Order of April 17, 2011, and in consideration of the gravity of the violation and the actions taken by the Respondents to remedy the violation and the previous violations of the Respondents, that this Board impose and certify "No Fine." Ms. Carroll seconded the motion that unanimously passed. 27 Meeting Minutes Code Compliance Board Boynton Beach, FL May 18, 2011 Case No. 10-3260 Helene Lauter 25 Westgate Lane, #C Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent, Helene Lauter 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 31, 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. th Case No. 10-3379 Brownstone Management LLC 1500 SW 30 Avenue Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent, Brownstone Management LLC was in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Order of April 17, 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. 10-3284 Miriam J. Kadhim 91 Maple Lane Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent, Miriam J. Kadhim 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 29, 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. Officer Roy recommended the following cases be tabled to June 15, 2011 28 Meeting Minutes Code Compliance Board Boynton Beach, FL May 18, 2011 st Case No. 09-432 Luann & Frank Call 405 SE 21 Avenue 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. Officer Roy recommended the following cases be tabled to July 20, 2011 th Case No. 10-3537 Boynton Properties LLC 1635 SW 30 Avenue Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on July 20, 2011. Mr. LaRock seconded the motion that unanimously passed. Officer Roy recommended the following cases be tabled to August 17, 2011 Case No. 08-3379 Forum Shoppes of Boynton LLC 140 N. Congress Avenue Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on August 17, 2011. Mr. LaRock seconded the motion that unanimously passed. Case No. 10-1629 Aspen 1020 West Industrial LLC 1040 W. Industrial Avenue This case was pulled for rehearing. Skip Lewis, Senior Code Compliance Officer presented the case and reviewed the details of the violation. The Respondent had a landscape plan as they worked forward past the date of the original completion date. The City worked with him and tabled the case numerous times. Officer Lewis advised he told the Respondent he would certify the fine of administrative fees instead of complying with “No Fine”. They agreed to that, which would bring the fine to $922.21. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated August 18, 2010, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $922.21. Mr. LaRock seconded the motion that unanimously passed. 29 Meeting Minutes Code Compliance Board Boynton Beach, FL May 18, 2011 Chair Costantino advised she attended the Commission meeting and had four cases in front of the Commission; two of them were tabled and one previous case brought before this Board. The violator attempted to confuse the Commission and wanted the Code Compliance Officer brought before them. The Commission allowed the decision to stand on that case. The Commission also denied changing the Ordinance for the truck issue, but would be looking at the Code sometime in the future. Chair Costantino also wanted to publically thank Mr. Bressner for his service. Adjournment There being no further business to discuss, Ms. Carroll moved to adjourn. Mr. Foot seconded the motion that unanimously passed. The meeting was adjourned at 8:28 p.m. fLi:L{ &/lJj~/4J- Ellie Caruso Recording Secretary 30