Loading...
Minutes 07-20-11 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, JULY 20, 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 Diane Springer, Code Compliance Coordinator Aimond Alexis (arrived 6:36 p.m.) Kathleen Carroll RoseMarie Yerzy Robert Bucella, Alt Gary Cole, Alt ABSENT: Robert Foot I. Call to Order The meeting was called to order at 6:30 p.m. II. Approval of Agenda Mike Melillo, Senior Code Compliance Officer, requested Case No. 08-2511 be tabled for 30 days. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on August 17, 2011. Vice Chair Yerzy seconded the motion that unanimously passed. It was requested Case No. 09-3194 also be tabled for 30 days. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on August 17, 2011. Vice Chair Yerzy seconded the motion that unanimously passed. Case Nos: 11-883 and 11-1030 were removed. Case No. 11-1239 was closed. 1 Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 2011 Case Nos: 11-1320, 11-1029, and 11-1228 complied. Motion Ms. Carroll moved to accept the agenda as written (amended). Vice Chair Yerzy seconded the motion that unanimously passed. III. 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 Melillo called the roll and determined who was present. Chair Costantino requested moving the Lien Reductions to the beginning of the meeting. Motion Vice Chair Yerzy so moved. Ms. Carroll seconded the motion that unanimously passed. Case No. 10-2190 Bank United 170 Ocean Parkway Pete Roy, Chief Code and Rehabilitation Officer, reviewed the case. The notice of violation was dated July 27, 2010 for violations pertaining to the Property Registration Ordinance. The Respondent was to mow and maintain the overgrown yard. A hearing was held September 15,2010 and no one appeared. The compliance date was set for September 25, 2010 or incur a fine of $150 per day. The violations were brought into compliance on October 20, 2010 having 24 days of non-compliance. Gabriela Luis, 170 Ocean Parkway, the owner of the property, was present. She testified she purchased the property from Bank United and they accepted the lien. Ms. Luis testified she represents Sunbank Investments, who is the current owner of the property. When the property was purchased, the information indicated the fine was stopped regarding the garden. They had another problem with the roof, which they repaired. They had to remove the blue tarp and addressed the bee infestation. Ms. Luis acquired the property on March 29, 2011. She was thinking of renting the property. The lien totaled $4,330.15 when they obtained the property and they spent more than that to make the repairs. When they accepted the lien, they were unaware they had to change the entire roof. They paid $4,461 to repair it. The roof was not part of the initial violation; however, Officer Roy explained the roof had to be repaired in order to address the bee infestation and for the property to be in compliance. The property complied in March. After the bees were removed and the roof was repaired, staff documented compliance on May 19, 2011. 2 Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 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, Vice Chair Yerzy 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 $730.15 including administrative costs. Ms. Carroll seconded the motion that unanimously passed. Case No. 96-4221 Gary T. & Joyce A. Laurain 719 NW 4th Street Officer Roy reviewed the case. The notice of violation date was August 9, 1996 to repair the driveway, resod the lawn and post street numbers on the dwelling. The hearing was held on October 16, 1996 and no one appeared. The compliance date established was January 11, 1997 or incur a fine of $25 per day. The violations were brought into compliance on November 14, 2001 having 1,767 days of non-compliance. Joyce Laurain , 719 NW 4th Street, the owner of the property, testified her husband was repairing the driveway and had obtained permits, but was arrested and later incarcerated. Ms. Lorraine is now divorced. She testified she has four children with one income from a waitress position, and she could not finish the driveway herself. She eventually repaired it, but the home was in foreclosure for five years. The case was a hardship. Officer Roy stated the driveway was repaired and the trash and debris removed. The street numbers were also posted. Photographs taken in 1996 were distributed to the members for their review. The driveway was large. The cost to repair the driveway was almost $3,000. Ms. Laurain explained it took her a lot of time to save the $3,000. After the arrest of her husband, the house went into foreclosure within three months. Additionally, her house caught fire six years ago and she experienced other hardships. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondents have complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Ms. Carroll moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of October 16, 1996 to an amount of $922.21 which are the administrative costs. Mr. Alexis seconded the motion that unanimously passed. 3 Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 2011 Case No. 10-545 Bank of New York Mellon Trust 114 SE 14th Avenue Officer Roy reviewed the case. The notice of violation date was February 26, 2010 for violations pertaining to the Property Registration Ordinance and to mow, weed, and trim the property. The hearing was held on April 21, 2010 and no one appeared. The compliance date established was May 5, 2010 or incur a fine of $100 per day. Compliance was documented on June 8, 2011 having 397 days of non-compliance. Marsha Jeridini , 2201 W. Prospect, Ft. Lauderdale, the agent for the Bank, was present. She testified the property complied but the Bank obtained the Certificate of Title in March 2011. Once aware of the Code issues, they corrected the violations. The home was under contract with a sale pending for Friday. The sale price was $47,500. They did not receive physical notice; rather the violations surfaced from the title search. Officer Roy stated the notice of violation was sent to the Bank on February 26, 2010. It took one year and two months to comply. Additionally, Florida Default Law Group told them not to register the property. Diane Springer, Code Compliance Officer, explained Florida Default Group issued a mass mailing to the banks advising them the Ordinance was not valid and they were not required to register. She made the comment many banks did not register until six to eight months later and this bank may have received the letter, thereby accounting for the delay in compliance. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondents 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 April 21, 2010 to an amount of $4,604,15 including administrative costs. The motion failed for lack of a second. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Ms. Carroll moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of April 21, 2010 to an amount of $2,634.12 including administrative costs. The motion failed for lack of a second. 4 Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 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, Vice Chair Yerzy moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of April 21, 2010 to an amount of $10,364.12 including administrative costs. Chair Costantino passed the gavel to Vice Chair Yerzy and seconded the motion for discussion. There was discussion the property was not registered and an inquiry was made if they maintained the property during that time. Officer Roy repeated the violations were corrected on May 6, 2010. The Respondents also spent $3,000 to repair the items. Vote Chair Costantino called the question. The motion unanimously failed. 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. Alexis moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of April 21, 2010 to an amount of $6,000 including administrative costs. Vice Chair Yerzy seconded the motion. The motion passed 6 -1 (Ms. Carroll dissenting). Case No. 11 -137 Bank of New York Mellon Trust 1329 E. Fairfax Circle Officer Roy reviewed the case. The notice of violation date was January 20, 2011 for violations pertaining to the Property Registration Ordinance and mow, trim and remove trash from the property. The hearing was held on March 6, 2011 and no one appeared. The compliance date established was March 26, 2011 or incur a fine of $100 per day. Compliance was documented on June 7, 2011 having 72 days of non - compliance. Eric Smith, 5676 Pebble Brook Lane, Boynton Beach, purchased the property on March 29, 2011. He testified they purchased the property from the Bank with a clear title. When they received notice there were Code issues, they addressed them immediately including pressure washing the roof, addressing the mailbox and driveway issues, trimming the grass, bushes and removing the trash. He requested a reduction of to $300. 5 1 Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 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, Vice Chair Yerzy moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of March 16, 2011 to an amount of $634.12 including administrative costs. Ms. Carroll seconded the motion that unanimously passed. Case No. 09-3182 GMAC Mortgage LLC 112 SW 6th Avenue Officer Roy reviewed the case. The notice of violation date was October 1, 2009 for violations pertaining to the Property Registration Ordinance and trimming the palm tree. The hearing was held on January 20, 2010 and no one appeared. The compliance date established was February 4, 2010 or incur a fine of $150 per day. Compliance was documented on May 5, 2010 having 89 days of non-compliance. Steve Petrucci , 112 SW 6th Avenue, purchased the home from the Bank. Mr. Petrucci testified they painted the house, laid sod and brought the property into compliance before it was purchased. It was purchased with the existing issue. Larry Bell , 2711 W. Cypress Creek Road, Ft. Lauderdale, testified the lien did not show on the lien search. He stated this issue was a common problem with foreclosures. They purchase the property, obtained permits, improved them and when they find out about violations, they fix them. They closed on the property in February, 2011. The lien showed a few days prior to closing. Since they did not want to lose their deposit, they moved forward and closed. They then contacted Ms. Springer. Mr. Petrucci testified he spent $30,000 to $35,000 and they spent about $50,000 for the home. Chair Costantino explained the liens and fines run with the property and not the property owners. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Ms. Carroll moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of January 20, 2010 to an amount of $2,634.12 including administrative costs. Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 10-3244 2600 Quantum LLC 1035 Gateway Blvd #210 Boca Tanning Club 6 Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 2011 Officer Roy reviewed the case. The notice of violation date was November 5, 2010 for violations pertaining to non-payment of fire inspection fees. The hearing was held on December 15, 2010 and no one appeared. The compliance date established was December 30, 2010 or incur a fine of $150 per day. Compliance was documented on April 18, 2011 having 108 days of non-compliance. Dennis O’Shea , 112 S. Liquoria Park Road, Ft. Lauderdale, the court-appointed Receiver in a State Foreclosure Procedure known as Bank Atlantic vs. MPG Gateway and Monroe Presquege Group, testified the request was for a reduction to administrative costs. Mr. O’Shea explained there was a notice issue. The fee owner of the property is the entity that was cited, which is 2600 Quantum LLC. Quantum LLC is not the debtor, the developer of the property, nor was it the bank. It was the fee owner who gave the land lease to the debtor, that went into foreclosure with the bank, and ended in bankruptcy. He testified he is the court appointed Receiver in the State foreclosure action, but was allowed to continue to maintain the property by the bankruptcy court in Tampa. The first notice he received as the Receiver was in March 2011, when they were assessed the Order imposing penalties against 2600 Quantum. He commented the date stamp was unreadable on the receipt. In early April, he contacted Ms. Richardson and inquired about the procedure. He was told the property would be inspected and if it passed, they would pay a fee to come before the Board. A month later, the property had not been inspected. It ultimately took place, it passed, he paid the fee and was appearing to have the lien reduced. He commented if the members viewed the Center, it was in much better condition since the Receiver took over possession and all inspections were passed by the Fire Department. He requested the fines be reduced to administrative costs. When asked why the fee was not paid, Mr. O’Shea responded they continue to make demand on Boca Tanning to pay the fee, pay the rent, and they said they would. They produced various agreements to amend the lease, they worked with them and then they disappeared. He advised Boca Tanning also filed for bankruptcy. They owe $137,000 in rent. His point was the entity cited, 2600 Quantum did not have anything to do with the non- compliance of Boca Tanning, and as a Receiver, his job is to get the tenant to comply, not pay for them. When they vacated the property, he initiated the process. 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 7 Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 2011 aforementioned case by virtue of this Board's Order of December 15, 2010 to an amount of $500 including administrative costs. Ms. Carroll seconded the motion that unanimously passed. Case No. 09 -3474 Krause Lund Associates LLC 1599 SW 30th Ave. #14 Bold Construction Corp. Officer Roy reviewed the case. The notice of violation date was November 3, 2009 for violations pertaining to non - payment of fire inspection fees. The hearing was held on December 16, 2009 and no one appeared. The compliance date established was December 26, 2009 or incur a fine of $50 per day. Compliance was documented on July .5, 2011 having 555 days of non - compliance. Daniel Lewis, D.P. Lewis and Associates, the agent for the owner who was U.S. Bank National Association as Trustee, testified the Bank took title via a foreclosure action. They conducted a title search in March or April and no liens were found at that time. The property is under contract and during the contract process, another title search was done at the end of June and in early July learned about the lien. The fee was to be paid for by Krause Lund Associates or Lund and Associates or Bold Construction. The 2009 fees were not paid, but the 2010 fees were paid. When Lewis and Associates learned of the fee, they immediately spoke with Code. It was a title problem and the Trustee wants to clear the title and apply for a reduction fog to administrative costs only. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondents have complied with all lien reduction procedures set forth in Section 2 -84 through 2 -89 of the City of Boynton Beach Code of Ordinances, Vice Chair Yerzy moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of December 16, 2009 to an amount of $1,134.12 including administrative costs. Ms. Carroll seconded the motion that unanimously passed. Case No. 10 -2534 General Electric Capital Corp. 3210 SW 14th Place Officer Roy reviewed the case. The notice of violation date was August 27, 2010 for violations pertaining to the Property Registration Ordinance and to mow overgrown yard, trim vegetation and remove trash and debris. The hearing was held on November 17, 2010 and no one appeared. The compliance date established was December 2, 2010 or incur a fine of $200 per day. Compliance was documented on June 30, 2011, having 209 days of non - compliance. Craig Barnett, Esq, Greenburg Traurig, 401 E. Los Olas Blvd, Suite 2000, Ft. Lauderdale, Counsel for General Electric explained his client spent over $20,000 to bring the property to a sellable state. The foreclosure began in February of 2009, prior 8 Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 2011 to the Ordinance being enacted. Since that time, to the end of 2010, they were working with the borrower on a reinstatement, and it was their understanding the borrower occupied the premises. The Ordinance requires foreclosure properties to be registered if vacant, or inspected regularly to determine if it is vacant. If the property is vacant, the ordinance requires the property be registered at that time. In this instance, they kept in regular contact with counsel for the borrower who never indicated the client did not occupy the premises. Mr. Barnett’s client was unable to gain access to the premises and had moved the Court for an order allowing them to inspect the premises. Judge Hoy signed the order and they entered the premises. Once they acquired the property at the foreclosure sale in early March, prior to the issuance of the Certificate of Title, the client retained a landscaping company to handle remediation of the property. On March 18, the landscaping was complete. In April a sprinkler repair was done; in May, $5,000 was spent to remove interior debris; and on May 29, 2011 over $13,000 was spent for electrical repair. The property was an industrial property formerly occupied by RAV Millwork. Chair Costantino noted the report indicated the property was vacated on August 27, 2010. Attorney Barnett responded they were required to coordinate with counsel to obtain access to the property and they tried on numerous occasions to do so. It was their understanding, working through counsel, the premises were occupied. He was prohibited from contacting the tenant directly. He received no response and on December 9, 2010, they filed a motion to inspect the premises. He commented when the property was obtained, there was a vehicle inside which was subsequently towed and removed. From the exterior, it could not be determined it was vacant, nor did they receive any advice about it from the tenant’s counsel. In light of what was done to remediate the property, they requested the lien be reduced to administrative costs. Motion Based on 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 fines instituted in the aforementioned case by virtue of this Board’s Order of November 17, 2010 to an amount of $4,814.12, including administrative costs. Mr. Alexis seconded the motion that passed 6-1 (Ms. Carroll dissenting). Case No. 09-3904 Anael Noel & Fritz Torchon 77 Baytree Circle Officer Roy presented the case, which pertained to a roof permit. The notice of violation was December 15, 2009. The case was heard on February 17, 2010 and no one appeared. A compliance date was set for April 18, 2010 or incur a fine of $50 per day. Compliance was documented on May 9, 2011, having 385 days of non-compliance. 9 Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 2011 Eloise Wexler, Nautica Realty, was the listing agent. Ms. Wexler testified the property was under contract and the title company discovered the lien. They repaired the missing and damaged window screens in the patio and doors. They closed out the permit in May and brought the property into compliance. They have a buyer. The property was listed at $114,500. It was an FHA loan with some closing costs paid for by the seller. Motion Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2 -84 through 2 -89 of the City of Boynton Beach Code of Ordinances, Ms. Carroll moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of February 17, 2010 to an amount of $730.15 which are the administrative costs. Mr. Bucella seconded the motion. After brief discussion about the fine amount, Ms. Carroll amended her motion to reflect a fine of $2,730.15. Mr. Bucella had no objection to the amendment. The motion unanimously passed. Case No. 10 -2280 Lila Delapaz 1606 SW 17th Terrace Liz Roehrich, Animal Control Supervisor, requested a fine certification for one violation of a Cease and Desist Order. The recommended fine was $200 for the occurrence dated May 29, 2011. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent, on May 29, 2011, did not comply with this Board's Cease and Desist Order dated August 18, 2010, and having considered the gravity of the violation, the actions taken by the Respondent that this Board impose and certify a fine in the amount of $200 p for one occurrence, for occurrences, plus administrative costs. Vice Chair Yerzy seconded the motion that unanimously passed Case No. 11 -1480 BAC Home Loans Serv. (426 NE 25th Ave.) Property Address: 426 NE 25th Ave. Violation(s): CH10 SEC 10 -51.5 (Inc.) Property that is vacant or subject to default must be registered and maintained per City Code. Mow overgrown yard. Remove trash and debris from property. Luney Guillaume, Code Compliance Officer, presented the case as contained in the notice of violation. The Respondent was present. 10 Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 2011 Carol Trefry , Law Office of Marshall Watson, 1800 NW 49th Street, Ft. Lauderdale, the attorney for the Bank, pled no contest and requested 30 days to mow the lawn, and remove the trash and debris. The property was registered. The request was predicated on notifying the client to make arrangements to address the landscaping violations; however, she anticipated it would be corrected before then. The case was currently in litigation and the office was unaware the property was vacant until earlier in the day. After discussion, there was agreement 15 days was more appropriate due to hurricane season. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that BAC Home Loans Serv. (426 NE 25th Ave.) is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before August 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 August 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. Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 11-1305 Bank of New York Mellon (146 SE 27th Pl.) Property Address: 146 SE 27th Place Violation(s): CO CH15 SEC. 15-120(D) Inc. Mow grass and weeds. Remove outside storage and trash. Officer Melillo , presented the case as contained in the notice of violation. The Respondent was present. Eloise Wexler , Nautica Realty, 1200 South Federal Highway, Suite 307, Boynton Beach, pled no contest and requested 15 days. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Bank of New York Mellon (146 SE 27th Pl.) 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 August 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 August 5, 2011 plus administrative costs shall be imposed. The 11 Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 2011 Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 11-1455 Bank of New York (2881 SE 2nd St.) Property Address: 2881 SE 2nd Street Violation(s): CO CH10 SEC 10-51.5 Inc. Property that is vacant or subject to default must be registered and maintained per City Code. Mow grass and weeds. Trim trees and bushes. Officer Melillo presented the case as contained in the notice of violation. The Respondent was present. Carol Trefry, Esq., Law Office of Marshall Watson, 1800 NW 49th Street, Ft. Lauderdale, pled no contest and requested 30 days. Officer Melillo had photographs he distributed to the Board. The property was registered. Only the mowing and trimming remained outstanding. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Bank of New York (2881 SE 2nd Street) is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violations on or before August 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 $100 per day for each day the violation continues past August 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. 11-1338 University Holdings Inc. – Holiday Inn Express Property Address: 480 W. Boynton Beach Boulevard Violation(s): CO CH2 Sec. 2.5-12+13 Excessive fire alarms and fees. Deanna Richardson , Administrative Associate, presented the case, which arose from a referral from the Fire Department for excessive fire alarms and fees. The initial inspection date was June 3, 2011. Notice was sent regular mail on June 6, 2011. Certified mail was sent on June 15, 2011, giving 10 days to comply and the green card 12 Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 2011 was signed on June 20, 2011. The Fire Chief had already made the determination the alarms were false alarms. Staff recommended 10 days be given to comply. Mark Smith, 609 NE 28th Street, Ft. Lauderdale, the manager of the Holiday Inn was present. He testified he was guilty of not paying the fees but there were extenuating circumstances. He commented there were four false alarms occurring over two days, with two of them occurring within 28 minutes of each other. The owner has hired a vendor to replace the entire hotel system costing $41,000. There was brief dialogue between the parties and Chair Costantino explained the purview of the Board is only to make a determination of guilt and assess a fee. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Alexis moved that this Board find that University Holdings Inc. – Holiday Inn Express 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 August 5, 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 August 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 and verification of payment of the fees to comply with this Order. Chair Costantino passed the gavel to Vice Chair Yerzy and seconded the motion. The motion passed 6-1 (Ms. Carroll dissenting). Ms. Carroll felt the Respondent should be given more time to pay the fine; however, Ms. Richardson stated the Respondent has been billed for the fines since February or March and no contact was made. Case No. 11-1254 Wells Fargo Bank (902 NW 8th Ave.) Property Address: 902 NW 8th Avenue Violation(s): CO CH10 SEC. 10-51.5 Inc. Property that is vacant or subject to default must be registered and maintained per City Code. Restore pool to sanitary condition. Mow and trim property. Vestiguerne Pierre , Senior Code Compliance Officer, presented the case as contained in the notice of violation. Carol Trefrey , Esq., Law Office of Marshall Watson, 1800 NW 49th Street, Ft. Lauderdale, pled no contest and requested 30 days. This case was heavily litigated since November of 2009. They were unaware the property was vacant. It went to sale 13 Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 2011 and the sale was vacated by the Court. They needed time to register and address the other issues. She was unaware if the pool was addressed, but testified it was secured. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Wells Fargo Bank (902 NW 8th Avenue) is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violations on or before August 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 $200 per day for each day the violation continues past August 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. Alexis seconded the motion that unanimously passed. The Board took a short recess at 8:02 p.m. and reconvened at 8:14 p.m. Case No. 11-890 Bank of New York Mellon (2100 N. Seacrest Boulevard) Property Address: 2100 N. Seacrest Boulevard Violation(s): CO CH10 SEC 10-51.5 Inc. Property that is vacant or subject to default must be registered and maintained per City Code. Secure property. Remove vehicles and trash and debris from property. Courtney Cain , Code Compliance Officer, presented the case as contained in the notice of violation. Staff recommended 10 days. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Bank of New York Mellon (2100 N. Seacrest Boulevard) is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before July 31,2011. 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 July 31, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance 14 Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 2011 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. 11-1353 Guy Estella Property Address: 1515 N. Seacrest Boulevard. Violation(s): Palm Beach County ’04 ED 104.1.1 Permit required for hurricane shutters, plumbing and roof work as noted in the Red Tag. Officer Cain presented the case as contained in the notice of violation. Staff recommended 15 days. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Guy Estella 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 August 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 $250 per day for each day the violation continues past August 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. Alexis seconded the motion that unanimously passed. Case No. 11-1181 Domingo Mendez & Erlinda Flores Property Address: 3255 E. Palm Drive Violation(s): CO CH15 SEC 15-120(D) 1 Inc. Remove outside storage from rear yard. Officer Guillume presented the case as contained in the notice of violation. Staff recommended 10 days. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Domingo Mendez and Erlinda Flores are in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondents correct the violation on or before July 31, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $200 per day for each day the violation continues past July 31, 2011 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code 15 Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 2011 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. 11-1188 Iberia Bank, 2320 NW 2nd Street Property Address: 2320 NW 2nd Street Violation(s): CO CH15 SEC 15-120(D) 1 Inc. Remove outside storage from rear yard. Officer Guillume presented the case as contained in the notice of violation. Staff recommended 10 days. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Iberia Bank (2320 NW 2nd Street)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 July 31, 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 July 31, 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. 11-1014 Beverly A. Tredinnick Property Address: 2301 SE 4th Street #2 Violation(s): CO CH13 SEC 13-16 Renting residence requires a current Business Tax Receipt. Officer Herring presented the case as contained in the notice of violation. Staff recommended 10 days. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Alexis moved that this Board find that Beverly A. Tredinnickis 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 31, 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 July 31, 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- 16 Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 2011 inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case No. 11-1024 James M. Maloney Property Address: 2301 SE 4th Street #7 Violation(s): CO CH13 SEC 13-16 Renting residence requires a current Business Tax Receipt. Officer Herring presented the case as contained in the notice of violation. Staff recommended 10 days. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that James M. Maloneyis 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 31, 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 July 31, 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. 11-1172 Mark Veen & Margaret Turner Property Address: 115 SE 14th Avenue Violation(s): CO CH13 SEC 13-16 CO CH10 SEC 10-56(G) CO CH15 SEC 15-120(D) Inc. Renting residence requires a current Business Tax Receipt. Remove trash, debris, and outside storage. Officer Herring presented the case as contained in the notice of violation. Staff recommended 10 days. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Alexis moved that this Board find that Mark Veen & Margaret Turner 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 July 31, 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 17 Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 2011 not comply with this Order, a fine in the amount of $150 per day for each day the violations continue past July 31, 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. 11-1197 Forum Shoppes of Boynton LLC – Palermo Bakery Property Address: 140 N. Congress Avenue 4 Violation(s): CO CH13 Art 3 SEC 13-80 BBA FBC ’07 ED 105.1 CO CH13 SEC 13-15 Obtain a Restaurant Business Tax Receipt to accommodate outside seating. Obtain live entertainment permit for advertised live music. Remove unpermitted structures, i.e. umbrellas and gazebo. Officer Herring presented the case as contained in the notice of violation. The Respondent still needed to pay Capital Facility fees and for the Business Tax Receipt. He recommended a Cease and Desist Order be issued for all the violations. Staff recommended a compliance date of August 20, 2011. The following motion pertained to all the violations: Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Forum Shoppes of Boynton LLC – Palermo Bakery 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 August 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 $1,000 per day for each day the violations continue past August 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. Alexis seconded the motion that unanimously passed. The following motion was for a Cease and Desist Order pertaining to the entertainment and outside furniture: 18 Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 2011 Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that a Cease and Desist Order be issued giving Forum Shoppes of Boynton LLC – Palermo Bakery until July 31, 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. Vice Chair Yerzy seconded the motion that passed unanimously. Case No. 11-1230 Martin Servido Property Address: 117 SE 14th Avenue Violation(s): CO CH 15 SEC 150120(D) Inc. CO CH10 SEC 10-56(G) Remove outside storage, trash and debris from property and roof. Officer Herring presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Alexis moved that this Board find that Martin Servido 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 July 31, 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 July 31, 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. 10-3625 1865 Woolbright Road LLC Property Address: 1869 W. Woolbright Road Violation(s): BBA FBC ’07 ED 105.1 Secure required permits for Unit 1869 regarding interior remodeling, adding equipment involving electrical and structural elements as noted in Red Tag. 19 Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 2011 Officer Lewis presented the case as contained in the notice of violation. Staff recommended 60 days be given to correct the violations. It was noted the Respondent was a repeat offender. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that 1865 Woolbright Road 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 September 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 $500 per day for each day the violation continues past September 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. 11-755 Juan Carlos & Maria Sophia Miranda Property Address: 1457 SW 25th Place, Unit C Violation(s): CO CH15 SEC 15-120(E) Inc. Remove chickens from property. Clean up animal feces. Repair roof and remove tarp. Officer Lewis presented the case as contained in the notice of violation. The only violations that remained outstanding were the roof repairs, and replacing the tiles and obtain a permit. Staff recommended 15 days. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Juan Carlos and Maria Sophia Miranda is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violations on or before August 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 $200 per day for each day the violation continues past August 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. 11-1111 Michael C. Desimone Property Address: 518 W. Ocean Avenue Violation(s): CO CH15 SEC 15-120(D) Inc. 20 Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 2011 CO CH10 SEC 10-56(B) Remove canisters from the vacant property and dispose of properly. Remove trash and debris. Mow and trim all overgrowth. Officer Lewis presented the case as contained in the notice of violation. Staff recommended 15 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Alexis moved that this Board find that Michael C. Desimone 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 August 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 $500 per day for each day the violations continue past August 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. Chair Costantino inquired if the canisters were empty. Officer Lewis responded the case was a referral from the Department of Environmental Protection. Officer Lewis tried to establish contact with DEP, but the individual who referred the case was not available. Vote There was a vote on the motion which unanimously passed. Case No. 11-1159 Viergela Fervil & Victor Joseph Property Address: 628 SW 2nd Avenue Violation(s): CO CH15 SEC 15-120(D) Inc. CO CH10 SEC 10-52 CO CH13 SEC 13-16 Remove all inoperable vehicles from the property and clean up outdoor stored materials. Business Tax Receipt required to rent residence. Officer Lewis presented the case as contained in the notice of violation. Staff recommended 15 days be given to correct the violations. The only outstanding violation was the inoperable vehicles. 21 Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 2011 Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Viergela Fervil & Victor Joseph 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 August 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 $250 per day for each day the violations continue past August 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. Ms. Carroll seconded the motion that unanimously passed. Case No. 11-1253 Jerome & Colette Burgess Property Address: 634 SW 4th Avenue Violation(s): CO CH15 SEC 15-120(D) Inc. Remove storage of inoperable/unregistered vehicles from right of way. Officer Lewis presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Jerome & Colette Burgess 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 July 31, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $500 per day for each day the violation continues past July 31, 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. The respondents were repeat violators. Vice Chair Yerzy amended the fine to $1,000. Ms. Carroll agreed to the amended motion. A vote was taken and the motion unanimously passed. Case No. 11-1333 Jonathan M. Dwork Property Address: 154 Orange Drive Violation(s): CO CH10 SEC 10-56(B) CO CH10 SEC 10-56(C) 22 Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 2011 Restore pool to a sanitary condition. Maintain property according to Code. Remove overgrowth, trash and debris. Officer Lewis presented the case as contained in the notice of violation. Staff recommended 30 days be given to correct the violations. A copy of Mr. Dwork’s email sent to Officer Lewis was included in the Board’s meeting materials. There was also a pool on the premises; however, the pool was secured. It was noted the Respondent was wheelchair bound and hired a company to do the work. There was a lot of work remaining. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Jonathan M. Dwork 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 August 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 August 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. Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 11-1335 Deutsche Bank National Trust Property Address: 1144 SW 27th Place Violation(s): CO CH10 SEC 10-51.5 Inc. Property that is vacant or subject to default must be registered and maintained per City Code. Mow and weed overgrown yard. Remove dead mango tree and remove trash and debris. Repair damaged exterior walls of the structure and replace garage door. Secure building. Officer Lewis presented the case as contained in the notice of violation. The owner was involved in litigation and was working on correcting the violations. Finances were also a concern. Additionally, a company was being used to remove the tree. The only outstanding violations were removal of the dead tree and the siding on the house. Staff recommended 60 days be given to correct the violations. 23 Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 2011 Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Deutsche Bank National Trust is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violations on or before September 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 $500 per day for each day the violation continues past September 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. Mr. Cole seconded the motion. The motion failed 3-4 (Messrs Alexis and Bucella, and Ms. Yerzy and Ms. Carroll dissenting.) Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Alexis moved that this Board find that Deutsche Bank National Trust is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violations on or before September 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 $250 per day for each day the violation continues past September 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. 11-1056 HSBC Bank (2701 SW 6th Street) Property Address: 2701 SW 6th Street Violation(s): CO CH10 SEC 10-51.5 Inc. Property that is vacant or subject to default must be registered and maintained per City Code. Clean green pool and remove outside storage. Officer Melillo presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find thatHSBC Bank (2701 SW 6th Street)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 July 31, 2011. The Board has 24 Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 2011 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 July 31, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 11-1340 Raymond & Linda Avallone Property Address: 3210 and 3220 SE 2nd Street Violation(s): CO CH15 SEC 15-120(D) INC. Remove trash. Mow grass and weeds. Officer Melillo presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find thatRaymond and Linda Avallone are in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondents correct the violations on or before July 31, 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 July 31, 2011 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Alexis seconded the motion that unanimously passed. Case No. 11-1366 Alberto R. Bordman Property Address: 217 Gulfstream Boulevard Violation(s): CO CH15 SEC 15-120(D) INC. Officer Melillo presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Alexis moved that this Board find thatAlberto R. Bordman is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violations on or before July 31, 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, 25 Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 2011 a fine in the amount of $150 per day for each day the violation continues past July 31, 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. 11-1048 Deutsche Bank National Trust Co. (61 Vista Del Rio) Property Address: 61 Vista Del Rio Violation(s): CO CH15 SEC 15-120(D) INC. Sod front yard. Restore pool to sanitary condition. Business Tax Receipt required to rent residence. Officer Pierre presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Alexis moved that this Board find thatDeutsche Bank National Trust Co. (61 Vista Del Rio) 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 July 31, 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 July 31, 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. 11-1196 Greenpoint Mortgage Funding Inc. (602 NW 24th Ave.) Property Address: 602 NW 24th Avenue Violation(s): CO CH10 SEC 10-51.5 INC. Property that is vacant or subject to default must be registered and maintained per City Code. Officer Pierre presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. 26 Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 2011 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Alexis moved that this Board find thatGreenpoint Mortgage Funding Inc. is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before July 31, 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 July 31, 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. 11-1246 Federal National Mortgage Assoc. (8320 Bermuda Sound Way) Property Address: 8320 Bermuda Sound Way Violation(s): CO CH10 SEDC. 10-51 Inc. Property that is vacant or subject to default must be registered and maintained per City Code. Officer Pierre presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find thatFederal National Mortgage Assoc. (8320 Bermuda Sound Way) 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 July 31, 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 July 31, 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. 11-1271 U.S. Bank National Assoc. Property Address: 60 Baytree Lane Violation(s): CO CH13 SEC 13-16 Business Tax Receipt required to rent residence. 27 Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 2011 Officer Pierre presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Alexis moved that this Board find thatU.S. Bank National Assoc. is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before July 31, 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 July 31, 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. 11-1394 Mazila Dieujuste Property Address: 1022 Grove Park Circle Violation(s): CO CH13 SEC 13-16 CO CH15 SEC 15-120(D) INC. Auto repair not permitted in residential zoning district. Remove carpet from driveway. Business tax receipt required to rent residence. Officer Pierre presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Alexis moved that this Board find thatMazila Dieujuste is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before July 31, 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 July 31, 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. 11-1117 Jean-Alix & Santa Dalexis & Nicolas Jean- Louis Property Address: 465 W. Ocean Avenue 28 Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 2011 Violation(s): LDR Ch3 SEC 2(B) INC CO CH10 SEC 10-56(A) CO CH10 SEC 10-56 (B) Remove outside storage of metal, trash and debris. Officer Roy presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Jean-Alix & Santa Dalexis & Nicolas Jean-Louis 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 July 31, 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 $200 per day for each day the violations continue past July 31, 2011 plus administrative costs shall be imposed. The Respondent 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. 11-1154 Chackman Motels Inc. Property Address: 706 W. Boynton Beach Boulevard Violation(s): BBA FBC ’07 Ed. 105.1 Licensed contractor to secure permits for repair of unsafe electrical systems, to include open junction boxes, unsecured conduit, missing cover and open wiring. Officer Roy presented the case as contained in the notice of violation. Staff recommended 30 days be given to correct the violations. Chair Costantino questioned why 30 days was being given. Officer Roy responded it was unsafe electric. Officer Roy responded one permit was voided. The Respondent only needed to obtain a contractor. Chair Costantino noted he was a repeat violator and was aware of the Codes. Officer Roy recommended 10 days be given 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 Chackman Motels Inc is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the 29 Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 2011 violation on or before July 31, 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 July 31, 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. 11-1194 Rozia Laine Property Address: 327 SW 3rd Avenue Violation(s): CO CH13 SEC. 13-16 CO CH15 SEC 15-120(D) INC. CO CH10 SEC 10-56 (A) (B) Mow, weed and trim overgrowth. Remove trash and debris. Repair broken window. Business Tax Receipt required to rent property. Officer Roy presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Alexis moved that this Board find that Rozia Laine 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 July 31, 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 July 31, 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. 11-1249 Raymond T. Zompa Property Address: 416 SW 5th Avenue Violation(s): CO CH 15 SEC. 15-120 (D) INC CO CH 10 SEC 10-56 (A) (B) Mow, weed and trim overgrowth and remove any trash and debris. Officer Roy presented the case as contained in the notice of violation. Staff recommended 15 days be given to correct the violations. 30 Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 2011 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Alexis moved that this Board find that Raymond T. Zompa 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 August 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 $100 per day for each day the violations continue past August 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. The Respondent was a repeat violator. Mr. Alexis amended his motion to reflect a fine in the amount of $300. Ms. Carroll agreed to the amendment. A vote was taken an unanimously passed. Case No. 11-1250 Marcellus Jean Francois Property Address: 238 SW 5th Avenue Violation(s): CO CJ14 SEC 14-3 LDR CH3 SEC. 2(B) INC. CO CH10 SEC 10-56(A) (B) Remove outside storage, inoperable vehicles, and the oversized truck from the property. Officer Roy presented the case as contained in the notice of violation. Staff recommended 30 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Marcellus Jean Francois 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 July 31, 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 July 31, 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. Case No. 11-1370 Bank of America (346 SW 8th Ave.) Property Address: 346 SW 8th Ave. 31 Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 2011 Violation(s): CO CH10 SEC 10-51.5 INC. Property that is vacant or subject to default must be registered and maintained per City Code. Remove blue tarp from structure and make necessary roof repairs. Officer Roy presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Bank of America (346 SW 8th Ave.) is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violations on or before July 31, 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 July 31, 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. 11-1241 Sally M. Lowe Property Address: 213 NE 6th Avenue Violation(s): CO CH15-120(D) INC. Sod front yard and remove trash. Officer Herring presented the case for Officer Willie Webb, as contained in the notice of violation. Staff recommended 20 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Sally M. Lowe 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 August 9, 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 August 9, 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. 32 Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 2011 Case No. 11-1452 Wells Fargo Bank (324 NE 12th Ave.) Property Address: 324 NE 12th Ave. Violation(s): CO CH10 SEC 10-51.5 INC. Property that is vacant or subject to default must be registered and maintained per City Code. Secure vacant property. Mow and trim tall weeds and overgrowth. Remove trash and debris. Officer Herring presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. This case has health and safety issues. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Wells Fargo Bank (324 NE 12th Ave.) is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before July 31, 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 July 31, 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. 11-569 High Ridge Properties 640 E. Ocean Ave. 11 Café Frankie’s Officer Melillo recommended this case be tabled to October 19, 2011. Motion Vice Chair Yerzy moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on October 19, 2011. Ms. Carroll seconded the motion that unanimously passed. Officer Melillo reported the following cases complied and should have “No Fine”: Case No. 11-728 Citadel Real Estate Holdings 660 W. Boynton Beach Blvd. 33 Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 2011 Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent, Citadel Real Estate Holdings 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 May 18, 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. 11-737 Boynton JCP Assoc. Ilgender 801 N. Congress Ave 355D Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent, Boynton JCP Assoc. Ilgender 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 May 18, 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. 11-651 Anthony & Vincent Dangelo 408 S. Circle Dr. Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondents, Anthony & Vincent Dangelo 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 May 18, 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. Case No. 11-655 Claudy & Yverose Gassant 456 S. Circle Dr. Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondents, Claudy & Yverose Gassant 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 May 18, 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. 34 Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 2011 Case No. 10-3652 HSBC Bank USA National Assoc. 38 Island Dr. 38 Island Drive Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent, HSBC Bank USA National Assoc. 38 Island Drive 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 20, 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. 11-620 BAC Home Loans Servicing 2530 SW 14th Street 2530 SW 14th Street Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent, BAC Home Loans Servicing, 2530 SW 14th Street 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 May 18, 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. 11-781 George W. Huebner 308 SW 14th Avenue Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent, George W. Huebner 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 May 18, 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. 11-741 Marie K. Placide 524 NW 11th Avenue 35 Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 2011 Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent, Marie K. Placide 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 May18, 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. Officer Melillo recommended the following cases be tabled to November 16, 2011: Case No. 08-2373 Stonehaven Homeowners Assoc. 1822 Stonehaven Drive Motion Vice Chair Yerzy moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on November 16, 2011. Ms. Carroll seconded the motion that unanimously passed. Case No. 09-432 Luanne & Frank Call 707 SE 3rd Street Motion Vice Chair Yerzy moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on November 16, 2011. Ms. Carroll seconded the motion that unanimously passed. Case No. 10-2106 Raul Vargas Jr. 405 SE 1st Street Motion Vice Chair Yerzy moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on November 16, 2011. Ms. Carroll seconded the motion that unanimously passed. Case No. 10-3537 Boynton Properties LLC 1635 SW 30th Avenue Motion Vice Chair Yerzy moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on November 16, 2011. Ms. Carroll seconded the motion that unanimously passed. 36 Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 2011 Case No. 11-451 G&C Holdings LLC 1311 S. Seacrest Boulevard Motion Vice Chair Yerzy moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on November 16, 2011. Ms. Carroll seconded the motion that unanimously passed. Case No. 11-980 James Johnson Jr. 913 N. Seacrest Blvd. Seacrest Farm Dairy Stores Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on November 16, 2011. Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 11-1085 Seashore Industries Inc 515 N. Federal Hwy. Jan’s Jewelry Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on November 16, 2011. Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 11-652 Harvest Holdings 412 S. Circle Dr. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on November 16, 2011. Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 11-679 LaSalle Bank (1635 N. Seacrest) 1635 N. Seacrest Blvd. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on November 16, 2011. Vice Chair Yerzy seconded the motion that unanimously passed. 37 Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 2011 Case No. 11-828 Indymac Bank F.S.B. 802 Ocean Inlet Dr. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on November 16, 2011. Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 11-852 USA Bank Nat’l Assoc. Tr. 729 Ocean Inlet Dr. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on November 16, 2011. Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 11-756 Boynton Beach Palms, LLC 2309 SE 3rd St. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on November 16, 2011. Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 11-71 Kathleen A. Romeo 303 SW 7th St. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on November 16, 2011. Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 11-674 Jean & Chrislene Volcy 57 Buxton La. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on November 16, 2011. Vice Chair Yerzy seconded the motion that unanimously passed. 38 Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 2011 Case No. 11-689 Wachovia Mortgage, FSB 2553 SW 10th St. 2553 SW 10th St. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on November 16, 2011. Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 11-807 GMAC Mortgage LLC 1456 SW 25th Ave. D 1456 SW 25th Ave. D Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on November 16, 2011. Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 11-597 Felouse Demesmin 511 SE 34th Ave. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on November 16, 2011. Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 11-637 LaSalle Bank National Assoc. 125 SE 27th Pl. 125 SE 27th Pl. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on November 16, 2011. Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 11-675 GMAC Mortgage, LLC 2950 SE 2nd St. 2950 SE 2nd St. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on November 16, 2011. Vice Chair Yerzy seconded the motion that unanimously passed. 39 Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 2011 Case No. 11-700 Country Wide Home Loans, Inc. 3632 SE 1st St. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on November 16, 2011. Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 11-1012 Real Property Holding Palm Beach 3653 Jamestown La. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on November 16, 2011. Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 11-612 Anthony Jr., Anthony Sr. & Marianna Varano 1410 Via De Pepi Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on November 16, 2011. Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 11-816 Jack Berube 1102 NW 8th St. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on November 16, 2011. Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 11-848 Central Mortgage Co. 1044 Fosters Mill Rd. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on November 16, 2011. Vice Chair Yerzy seconded the motion that unanimously passed. 40 Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 2011 Case No. 11-1121 Deutsche Bank Nat’l Trust Co. 1143 NW 11th St. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on November 16, 2011. Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 11-1129 Countrywide Home Loans 6 Valencia Dr. 6 Valencia Dr. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on November 16, 2011. Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 11-1133 Deutsche Bank Nat’l Trust Co. 29 Valencia Dr. 29 Valencia Dr. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on November 16, 2011. Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 11-829 Geleme Petit-Fierre & Fucienne Jean-Fort 207 SW 3rd Ct. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on November 16, 2011. Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 11-753 Evaughan Lane NW 11th Ave. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on November 16, 2011. Vice Chair Yerzy seconded the motion that unanimously passed. 41 Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 2011 Case No. 11-897 William Ganoe 320 NE 13th Ave. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on November 16, 2011. Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 11-923 Fausto Rodriguez 401 NW 2nd St. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on November 16, 2011. Vice Chair Yerzy seconded the motion that unanimously passed. Chair Costantino inquired about the basis for tabling the above cases to November 16, 2011. Attorney Bridgeman explained the Code Compliance Department was behind in getting the Board Orders done, completed and mailed. The Board needed to continue the Lien Penalty Certifications so the Orders could catch up. She requested the Board enter a motion to extend all dates for all orders that the Board ruled on from April 2011 to June 2011 by 120 days, excluding any lien penalty certifications voted on during that time. One hundred twenty days from this date was November 16, 2011. Attorney Bridgeman explained the motion would be to extend all of the deadlines and dates in every single motion from April to June 2011 by 120 days. Motion Vice Chair Yerzy so moved. Ms. Carroll seconded the motion that unanimously passed. It was clarified by Vice Chair Yerzy the motion excluded the lien certifications made during that time period. Chair Costantino welcomed the new members to the Board. She commented an issue was the Monday 4:30 p.m. Lien Reduction meetings which presents a conflict for working members. She suggested the members consider holding the Lien Reduction meetings to 6:30 p.m. on the third Monday of the month. Motion Vice Chair Yerzy moved the Lien Reduction matters be set for the third Monday of each month at 6:30 p.m. Ms. Carroll seconded the motion that unanimously passed. Chair Costantino suggested delaying the Lien Reduction meetings to September and the members agreed they would hear reductions at the regular meetings. 42 Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 2011 Adjournment There being no further business to discuss, the meeting properly adjourned at 8:58 p.m. /{ (, LlllJtJJLUI~t 0-kLA1J Catherine Cherry ~ Recording Secretary 07211 43