Loading...
Minutes 08-17-11 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, AUGUST 17, 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 Kathleen Carroll Gary Cole Robert Foot RoseMarie Yerzy Robert Bucella, Alt I. Call to Order The meeting was called to order at 6:28 p.m. II. Approval of 4/30/11, 5/18/11, 6/15/11, & 7/20/11 Minutes (Note: The April meeting took place on April 20, 2011) There were changes to the April 20, 2011 minutes as follows: Page 16 – Case #11-572 – The compliance date should be 4/30/11, not 5/20/11. Page 18 – Case #10-3652 – The compliance date should read 5/5/11, not 4/30/11. Page 36 – Case #10-3496 should be Case #10-3493 Page 43 - #10-2328 should be Case #10-2828. There were changes to the May 18, 2011 minutes as follows: Page 4 – Case #10-1499 – The fine amount should be $1,486.18, not $1,480.18. Page 27 – Case #10-4464 should be Case #1464. There were changes to the July 20, 2011 minutes as follows: Page 5 – Case #11-137 – The last sentence should read “He requested a reduction to instead of of $300. Page 8 – Case #09-3474 – The last line of the second paragraph should read “for a reduction to instead of for administrative costs. Page 10 – Case #10-2280 – The motion paragraph should include “for 1 occurrence”. Mr. Foot advised that in addition to his submitted corrections for July, he noted that on Pg. 25, Case # 1366 did not have a charge listed. A person who missed the meeting would not know what the charge was and he would move to approve the amended minutes if this change were made. Meeting Minutes Code Compliance Board Boynton Beach, FL August 17, 2011 Motion Vice Chair Yerzy moved to approve the April 20, 2011 minutes as amended. It was seconded by Ms. Carroll and unanimously passed. Motion Vice Chair Yerzy moved to approve the May 18, 2011 minutes as amended. It was seconded by Mr. Alexis and unanimously passed. Motion Vice Chair Yerzy moved to approve the June 15, 2011 minutes. It was seconded by Mr. Foot and unanimously passed. III. Approval of Agenda Skip Lewis, Senior Code Compliance Officer requested the following cases be deleted from the agenda. Case #08-2511 should be tabled until October 19, 2011. Motion Vice Chair Yerzy moved that the aforementioned case be tabled to October 19, 2011. The motion was seconded by Ms. Carroll and unanimously passed. Case #09-3194 should be tabled until October 19, 2011. Motion Ms. Carroll moved that the aforementioned case be tabled to October 19, 2011. The motion was seconded by Mr. Alexis and unanimously passed. Case #11-1150 had been removed. Case #11-1275 had complied. Motion Vice Chair Yerzy moved to accept the agenda as amended. The motion was seconded by Ms. Carroll and unanimously passed. 2 Meeting Minutes Code Compliance Board Boynton Beach, FL August 17, 2011 IV. Swearing in of Witnesses and Introduction Attorney Bridgeman explained the hearing procedures and administered an oath to all who would be testifying. V. New Business Officer Lewis called the roll and determined who was present. Chair Costantino requested moving the Lien Reductions to the beginning of the meeting. Motion Mr. Foot made a motion to move the Lien Reductions to the beginning of the meeting and was seconded by Mr. Alexis. The motion unanimously passed. Case No. 10-2456 Bank of New York 8 Grange Place Pete Roy , Chief Code and Compliance Officer, reviewed the case. The notice of violation was dated August 23, 2010 for violations pertaining to the Property Registration Ordinance. A hearing was held October 20, 2010 and no one appeared. The compliance date was set for October 30, 2010 or incur a fine of $100 per day. The violations were brought into compliance on June 6, 2011 having 218 days of non- compliance for a total of $21,800. Christopher Callas, representative for Todd Wilson, REMAX Service, was present. He advised that he received the Certificate of Title on April 29, 2011 and registered it on June 1, 2011. The HOA has an occupant in that property. He advised they have done everything they are required to do as far as compliance with the City. Mr. Foot commented this case went back to August, 2010 and the first hearing took place on October 20, 2010. At that time, notice was sent to the lender to bring the property into compliance. He inquired what happened between October, 2010 and April, 2011. Mr. Callas advised he could not speak for the events that occurred before they took over the property. He had not had any contact with the present tenant and has not been able to reach them to obtain a lease. Officer Roy indicated it would have been vacant in October, otherwise it would not have been cited. He advised the property was now in excellent condition and indicated he does not know what the property looked like when it was cited. 3 Meeting Minutes Code Compliance Board Boynton Beach, FL August 17, 2011 Chair Costantino commented that once again the Bank was the property owner who continued to ignore the Ordinances by not registering the property when they got the notice. The realtor then appears before the Board to advise they only just obtained the property listing. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Vice Chair Yerzy moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of October 20, 2010 to an amount of $2,814.12 including administrative costs. Mr. Foot seconded the motion that unanimously passed. Case No.10-3429 U.S. Bank National Assoc 125 Arthur Court Officer Roy reviewed the case. The notice of violation was December 2, 2010, to install proper pool barrier and secure the pool. In addition, it was required to maintain the pool in a clean and sanitary condition and remove trash and debris. It came before the Board February 16, 2011 and no one appeared. The compliance date established was February 23, 2011 or incur a fine of $500 per day. The violations were brought into compliance on June 29, 2011 having 125 days of non-compliance, for a total of $62,500. There is evidence and documents that show actual compliance on April 27, 2011 which would be 62 days for a total of $31,000. st Paul Minoff, 100 NE 1 Street, Ste, 1500, Ft. Lauderdale, FL, counsel for U.S. Bank National, thanked the Board for giving him the opportunity to be present on short notice. He testified this property came into ownership of U.S. Bank on May 17, 2011, pursuant to a Certificate of Title. The foreclosure sale occurred on April 28, 2011, which was actually the day after the property was brought into compliance. In conducting an investigation, it appeared the property was subject to a short sale agreement. Unfortunately, it did not happen and foreclosure counsel, who was representing U.S. Bank prior to the Certificate of Title being issued, did not receive all the information until April 20, 2011 after the hearing where the Board certified the fine. After the hearing, Chase finally received complete information as to what was going on and seven days later the property was brought into full compliance. Mr. Minoff presented photographs to the Board showing the property in compliance as of April 27, 2011. The foreclosure sale took place the next day and the Certificate of Title was issued on May 17, 2011. Chase, on behalf of U.S. Bank, had the property appraised for a potential sale and the property was valued at $38,000, as is. There was currently a contract on the property for $37,000. The property was ready to close subject to the ultimate resolution and release of the lien. The owners of the property understand that they must maintain the property going forward and in the interim the property was being and had been 4 Meeting Minutes Code Compliance Board Boynton Beach, FL August 17, 2011 maintained. Mr. Minoff proposed a fine of $3,500 inclusive of administrative costs that Chase would promptly pay once it was approved pursuant to Florida Statutes. Chair Costantino expressed her concern that there was a need for a proper pool barrier since December 2, 2010 and someone needed to be responsible for that pool immediately. It could have been a potential catastrophe, if a child were involved. Mr. Minoff commented that this was not a completely unenclosed property. There was a wooden fence, as well as a chain link fence that surrounds the property. There may have been some issues with the fence which had been resolved. It was not an open exposed pool. Unfortunately, when a property goes into foreclosure, miscommunication occurs between parties and information did not flow as it should have in this case. There was discussion regarding the condition of the fence when the property was cited. The pictures presented showed the condition of the fence after compliance, not when the violations were cited. Officer Roy presented a picture of the fence when the violation occurred and the picture clearly showed the poor condition of the fence. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of February 16, 2011 to an amount of $10,634.12 including administrative costs. Vice Chair Yerzy seconded the motion that passed 6-1 (Ms. Carroll dissenting). Mr. Minoff understood the Board voted, but asked the Board for reconsideration. He reemphasized that the property violation was fixed before the Bank took ownership. Unfortunately, miscommunication and information were not being relayed. He advised the notices went to Shapiro and Fishman, which was the foreclosure counsel in Boca Raton, for the owner. Unfortunately, foreclosure firms are inundated with cases, so not everything got back to the servicer on behalf of the owner. Had the Bank been advised sooner, they certainly would have taken steps to correct it. The property is worth $38,000, with a potential sale of $37,000. The Bank sustained a great loss from the original loan amount and would ask for reconsideration of the $10,634.12 fine. Chair Costantino advised of the policy and procedure in place of how the parties involved are notified. Once the notices go out, the Board’s hands are tied and cannot be responsible for tracking everyone involved in every foreclosure. The Board relies on what was available through public records through the courthouse and the Tax Collector’s office. It was unfortunate that sometimes there was miscommunication and things fall through the cracks. 5 Meeting Minutes Code Compliance Board Boynton Beach, FL August 17, 2011 Mr. Foot asked to confirm that the notice went to a proper address. Mr. Minoff indicated the notice went to the property owner at the property address. U.S. Bank did not take ownership and records would not have changed in the property appraiser’s office until that time. Mr. Foot inquired of Officer Roy where the notice went and he stated the notice went to U.S. Bank, c/o Shapiro and Fishman, which was the address on record for the property owner. th Case No. 10-1576 CitiMortgage, Inc. 109 SE 4 Avenue Officer Roy reviewed the case. The notice of violation was May 26, 2010 to replace or repair all damaged soffits and fascia, remove trash and debris, and register the property. The hearing was held on July 21, 2010 and no one appeared. The compliance date established was July 31, 2010, or incur a fine of $50 per day. The violations were brought into compliance on July 27, 2011 having 360 days of non- compliance for a total of $18,000. Eric Smith , 5676 Pebble Brook Lane, Boynton Beach advised that his company, Prodigy Capital, acquired the property through a foreclosure from the courthouse on May 24, 2011 and was now the current owner. As soon as they were made aware of the liens, the property was made compliant. He advised they were not aware there was a lien on the property. When a property is purchased at the courthouse steps, many times people are not aware of the liens. Value of the property was approximately $50,000 and would be re-sold at a later date. After some discussion with the Board, Mr. Smith requested the fine be reduced to administrative costs. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of July 21, 2010 to an amount of $2,634.12 including administrative costs. Vice Chair Yerzy seconded the motion that unanimously passed. th Case No. 10-3174 Francois Baptiste & 115 NW 14 Ave Alourde Normil Officer Roy reviewed the case. The notice of violation was October 29, 2010 to install four inch numbers on the house, remove trailer and pallets from yard and obtain a Business Tax Receipt required on the property. The hearing was held on December 15, 2010 and no one appeared. The compliance date established was December 25, 2010, or incur a fine of $250 per day. The violations were brought into compliance on June 7, 2011 having 163 days of non-compliance for a total of $40,750. 6 Meeting Minutes Code Compliance Board Boynton Beach, FL August 17, 2011 rd Melanie Hugel, 621 NW 53 Street, Ste 390, Boca Raton, listing agent for the property and representing the owners, advised the property was occupied when they received their assignment. The Bank did take title on February 24, 2011. The outdoor storage, house numbers, and rental licenses could not be remedied as renters were in the property and they could not go on the property and remove their personal belongings. They were evicted May 18, 2011 and, at that time, the property was brought into compliance along with additional items for property standards that Ms. Springer had requested. Ms. Hugel stated she was requesting a reduction to $1,500 plus hard costs. By her calculations of when the bank took ownership of the property, with 60 days out of compliance at $250, the estimated fine total was $15,000. Ten percent of that amount was $1,500. 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 December 15, 2010 to an amount of $2,634.12 including administrative costs. Mr. Foot seconded the motion that unanimously passed. rd Case No. 10-1700 Mortgage Electronic Registration 714 SE 3 Street Officer Roy reviewed the case. The notice of violation was June 3, 2010 to mow and trim all overgrowth and secure the property. The hearing was held on July 21, 2010 and no one appeared. The compliance date established was July 31, 2010, or incur a fine of $250 per day. The violations were brought into compliance on May 27, 2011 having 299 days of non-compliance for a total of $74,750. rd Melanie Hugel, 621 NW 53 Street, Ste 390, Boca Raton, listing agent for the property and representing the owners, advised she thought this case was only about registering the property. She was not aware of any overgrowth issues. It was assigned to her office on April 23, 2011 and the Bank took title. She did not know why the Bank did not register the property. Mr. Foot indicated he was not aware of a registration violation. He was aware of the mow and trim all overgrowth and secure the property violations. Officer Roy confirmed that under that particular Ordinance, 09-040 INC, Registration of Property would be included in the violations cited, even though the property is properly registered. As far as securing the property, Officer Roy advised it was on a shed door. He submitted pictures of the property to the Board and the Board noted there were broken windows on the house. 7 Meeting Minutes Code Compliance Board Boynton Beach, FL August 17, 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 July 21, 2010 to an amount of $4,134.12 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 July 21, 2010 to an amount of $3,634.12 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, Vice Chair Yerzy moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of July 21, 2010 to an amount of $5,000 including administrative costs. The motion was seconded by Mr. Foot and passed 6-1 (Ms. Carroll dissenting). Case No. 10-2331 U.S. Bank National Association 510 Gateway Blvd. Officer Roy reviewed the case. The notice of violation was August 13, 2010 to mow overgrown swale area and trim hedges. In addition, the foreclosure property must be registered. The hearing was held on September 15, 2010 and no one appeared. The compliance date established was September 25, 2010, or incur a fine of $150 per day. The violations were brought into compliance on May 31, 2011, having 247 days of non- compliance for a total of $37,050. Eloise Wexler , 1200 So. Federal Hwy, Ste. 307, listing agent with Nautica Realty, advised a lis pendens was served on June 23, 2009 and the final judgment of foreclosure was filed on July 1, 2010 in the amount of $122,279.52. The scheduled auction sale of the property did not occur until March 7, 2011. Nautica received the assignment on March 31, 2011. The tax value of the property is $34,704 and the listing agreement was received April 1, 2011 for $29,900. It was put on MLS and subsequently 8 Meeting Minutes Code Compliance Board Boynton Beach, FL August 17, 2011 received a contract for $32,000, with an original close date of June 1, 2011. When Nautica found out the bank did not register the property, they registered it and began putting it into compliance. The windows were fixed, a sprinkler system installed, and spent close to $6,500 on the property to get it in compliance. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Ms. Carroll 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 $2,634.12 including administrative costs. The motion was seconded by Vice Chair Yerzy and passed 6-1 (Mr. Foot dissenting). th Case No. 08-849 Tangiers Development LLC 132 NE 12 Ave Officer Roy reviewed the case. The notice of violation was March 17, 2008 for non- payment of annual fire inspection fees. The hearing was held on May 21, 2008 and no one appeared. The compliance date established was June 20, 2008, or incur a fine of $100 per day. The violations were brought into compliance on March 31, 2010 having 648 days of non-compliance for a total of $64,800. Officer Roy advised the next four cases are the same and that the only violation was that they did not pay the annual fees. The inspections were passed. These properties are two, six-unit, multi-family apartment complexes. Jason Block , 1315 W. Indiantown Road, Jupiter, representative for Iberia Bank, advised these properties were acquired through the subsequent FDIC foreclosure of Sterling Bank, who had foreclosed on these properties in May. Iberia Bank became involved in January. Since then, approximately $50,000 had been spent to maintain these properties, and to remove tenants and squatters from the property. Deanna Richardson , Administrative Associate, explained that because it was a multi- family unit, it was considered a business and they have an annual inspection fee. 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 May 21, 2008 to an amount of $1,038.09 including administrative costs. The motion was seconded by Mr. Foot and unanimously passed. 9 Meeting Minutes Code Compliance Board Boynton Beach, FL August 17, 2011 th Case No. 09-1389 Tangiers Development LLC 132 NE 12 Ave Officer Roy reviewed the case. The notice of violation was May 6, 2009 for non- payment of annual fire inspection fees. The hearing was held on July 15, 2009 and no one appeared. The compliance date established was July 25, 2009, or incur a fine of $100 per day. The violations were brought into compliance on March 31, 2010 having 248 days of non-compliance for a total of $24,800. Jason Block , 1315 W. Indiantown Road, Jupiter, representative for Iberia Bank, wanted to add to the record that both properties were appraised for a total vale of $72,000. There was a contract on them for $71,000. The property had been under contract since May and there were a few obstacles to cover on their part, but they have maintained to stay under contract. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of July 15, 2009 to an amount of $596.03 including administrative costs. The motion was seconded by Ms. Carroll and unanimously passed. th Case No. 08-846 Tangiers Development LLC 133 NW 10 Street Officer Roy reviewed the case. The notice of violation was March 17, 2008 for non- payment of annual fire inspection fees. The hearing was held on May 21, 2008 and no one appeared. The compliance date established was June 20, 2008, or incur a fine of $100 per day. The violations were brought into compliance on March 31, 2010 having 648 days of non-compliance for a total of $64,800. Jason Block , 1315 W. Indiantown Road, Jupiter, representative for Iberia Bank, indicated this was the same situation as the previous named property. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of May 21, 2008 to an amount of $1,038.09 including administrative costs. The motion was seconded by Vice Chair Yerzy and unanimously passed. 10 Meeting Minutes Code Compliance Board Boynton Beach, FL August 17, 2011 th Case No. 09-2936 Tangiers Development LLC 133 NW 10 Street Officer Roy reviewed the case. The notice of violation was September 11, 2009 for non- payment of annual fire inspection fees. The hearing was held on October 21, 2009 and no one appeared. The compliance date established was October 31, 2009, or incur a fine of $100 per day. The violations were brought into compliance on March 31, 2010 having 149 days of non-compliance for a total of $14,900. Jason Block , 1315 W. Indiantown Road, Jupiter, representative for Iberia Bank. indicated this was the same situation as the previous named property. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of October 21, 2009 to an amount of $596.03 including administrative costs. The motion was seconded by Vice Chair Yerzy and unanimously passed. Case No. 10-3302 Jude St. Felix & Jacqueline Telamour Property Address: 727 W. Ocean Avenue Violation(s): CO CH15 SEC. 15-1120 (D) Inc. Cease and Desist the storage of unregistered inoperable vehicles on the property and the adjacent vacant lot Officer Lewis presented the case as contained in the notice of violation. The Respondent was present. Certified mail was proof of service on July 23, 2011. Staff recommended 10 days to August 27, 2011. Officer Lewis went by the property and the vehicles were all currently registered. This had been an on-going problem and the property had been cited many times. The owners simply move the vehicles to an overflow lot. They were in compliance this date, and Officer Lewis requested a Cease and Desist as long as the owners stay in compliance. Jacqueline Telamour , 727 W. Ocean Avenue, pled not guilty. She advised that sometimes people visit and the cars are parked across the street, but only stay for an hour or two and then the cars leave. She advised all the vehicles are registered. Officer Lewis stated the tags were not on the vehicles. It has been a problem for quite some time with the same owners. He advised there are different cars there all the time. The owner’s cars have current tags on them, but there are other cars there without tags. In one day there could be six to eight cars at one time, four or five are without tags. 11 Meeting Minutes Code Compliance Board Boynton Beach, FL August 17, 2011 Ms. Telamour advised that her husband would take some cars from the dealer where he works but they are usually moved right away. They are not there at night. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that a Cease and Desist Order be issued giving Jude St. Felix and Jacqueline Telamour until August 23, 2011 to bring the violation of the City of Boynton Beach Code Section as cited into compliance. The Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous violations by the Respondents, and herby orders that a fine in the amount of $500 per reoccurrence of the violation thereafter shall be imposed upon the Respondents. Ms. Carroll seconded the motion that was unanimously passed. Case No. 11-937 Gregory Xiggoros th Property Address:142 SW 9 Avenue Violation(s): CO CH20 SEC. 105.1.1 BBA FBC 07 ED. 105.1 Permit is required for garage enclosure and windows. Officer Roy presented the case as contained in the notice of violation. The Respondent was present. The initial notice was a written notice and the number of days given to comply were 10 days. This was removed from the June agenda. The Respondent did make an application and staff is requesting 15 days to comply. (Board gave 30 days) th Gregory Xiggoros, 204 SW 9 Avenue pled no contest and advised he had a contractor, RC Cole, who was suppose to pull the permit. The work had already been performed around the year 2000 and he purchased the property in 2010. On January 31, 2011 he received a notice on his door that it was out of compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Gregory Xiggoros 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 September 16, 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 September 16, 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. The motion was seconded by Mr. Cole and unanimously passed. 12 Meeting Minutes Code Compliance Board Boynton Beach, FL August 17, 2011 Case No. 11-1494 Brian J. & Jacqueline Fitzpatrick th Property Address: 526 NW 12 Avenue Violation(s): CO CH9 SEC. 9-22 (C) Fire Inspection Annual Fees Deanna Richardson , Administrative Associate presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Brian J. and Jacqueline Fitzpatrick 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 27, 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 August 27, 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. The motion was seconded by Mr. Alexis and unanimously passed. Case No. 11-1512 Chackman Motels, Inc. Property Address: 706 W. Boynton Beach Boulevard Violation(s): CO CH9 SEC. 9-22 (C) Fire Inspection Annual Fees Deanna Richardson presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Chackman Motels, Inc. is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before August 27, 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 27, 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. The motion was seconded by Vice Chair Yerzy and unanimously passed. 13 Meeting Minutes Code Compliance Board Boynton Beach, FL August 17, 2011 Case No. 11-1533 Annette Brown th Property Address: 180 NE 17 Avenue Violation(s): CO CH9 SEC. 9-22 (C) Fire Inspection Annual Fees Deanna Richardson presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Annette Brown is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before August 27, 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 27, 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. The motion was seconded by Vice Chair Yerzy and unanimously passed. Case No. 11-1543 RFK Ent. of Boynton Beach, Inc. Property Address: 1610 S. Congress Avenue Violation(s): CO CH9 SEC. 9-22 (C) Fire Inspection Annual Fees Deanna Richardson presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that RFK Ent. of Boynton Beach, Inc. is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before August 27, 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 27, 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. The motion was seconded by Mr. Alexis and unanimously passed. 14 Meeting Minutes Code Compliance Board Boynton Beach, FL August 17, 2011 Case No. 11-1555 High Ridge Properties Property Address: 640 E. Ocean Avenue #18 Violation(s): CO CH9 SEC. 9-22 (C) Fire Inspection Annual Fees Deanna Richardson presented the case as contained in the notice of violation. Staff recommended 10 days to comply. This is a repeat violator. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that High Ridge Properties is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before August 27, 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 27, 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. The motion was seconded by Vice Chair Yerzy and unanimously passed. Case No. 11-1486 Wachovia Mortgage st Property Address: 2150 NW 1 Street Violation(s): CO CH10 SEC. 10-51.5 INC Trim all hedges, remove trash and debris from property, secure and register property. Courtney Cain, Code Compliance Officer presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Wachovia Mortgage is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before August 27, 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 27, 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 15 Meeting Minutes Code Compliance Board Boynton Beach, FL August 17, 2011 re-inspection of the property to verify compliance with this Order. The motion was seconded by Mr. Alexis and unanimously passed. Case No. 11-1579 Anita K. Edwards st Property Address: 2041 NW 1 Street Violation(s): CO CH15 SEC. 15-120 (D) INC BBA FBC ’07 ED. 105.1 Permit is required to install a fence and canopy. Remove trailer from yard. Officer Cain presented the case as contained in the notice of violation. Staff recommended 30 days to comply. The trailer has been removed from property. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Alexis moved that this Board find that Anita K. Edwards is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before September 16, 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 September 16, 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. The motion was seconded by Vice Chair Yerzy and unanimously passed. Case No. 11-1431 Joe Jr. & Olga Espinoza st Property Address: 2761 NW 1 Street Violation(s): CO CH15 SEC. 15-120 (D) 1 INC Remove unlicensed and inoperable vehicles from yard Luney Guillaume, Code Compliance Officer, presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Joe Jr. and Olga Espinoza 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 August 27, 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 16 Meeting Minutes Code Compliance Board Boynton Beach, FL August 17, 2011 with this Order, a fine in the amount of $150 per day for each day the violation continues past August 27, 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. The motion was seconded by Ms. Carroll and unanimously passed. Case No. 11-1614 John Dvoracek & E.W. Lammi st Property Address: 1460 NW 1 Street Violation(s): CO CH15 SEC. 15-120 (D) 1 INC Remove trash and debris in rear Officer Guillaumepresented the case as contained in the notice of violation. Staff recommended 10 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Alexis moved that this Board find that John Dvoracek and E.W. Lammi 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 August 27, 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 August 27, 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. The motion was seconded by Ms. Carroll and unanimously passed. Case No. 11-1647 Michael Sanches st Property Address: 2221 NW 1 Street Violation(s): BBA FBC ’07 ED. 105.1 Obtain permit for shed Officer Guillaume presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Alexis moved that this Board find that Michael Sanches is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before August 27, 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, 17 Meeting Minutes Code Compliance Board Boynton Beach, FL August 17, 2011 a fine in the amount of $100 per day for each day the violation continues past August 27, 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. The motion was seconded by Ms. Carroll and unanimously passed. Case No. 11-1788 Wells Fargo Bank Property Address: 3221 Orange Street Violation(s): CO CH10 SEC. 10-51.5 INC Property must be registered Officer Guillaume presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Alexis moved that this Board find that Wells Fargo Bank is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before August 27, 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 27, 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. The motion was seconded by Ms. Carroll and unanimously passed. Case No. 11-550 Shawn Maesel Property Address: 816 S. Seacrest Blvd. Violation(s): BBA FBC ’07 ED. 105.1 Obtain permit for roof repair Officer Roy presented the case as contained in the notice of violation. Staff recommended 15 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Shawn Maesel is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before September 1, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the 18 Meeting Minutes Code Compliance Board Boynton Beach, FL August 17, 2011 Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past September 1, 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. The motion was seconded by Mr. Alexis and unanimously passed. Case No. 11-1168 Sharon Shoemaker st Property Address: 228 SE 1 Circle Violation(s): CO CH13 SEC. 13-16 Obtain a Business Tax Receipt Officer Roy presented the case as contained in the notice of violation. Staff recommended 30 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Sharon Shoemaker is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before September 16, 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 September 16, 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. The motion was seconded by Ms. Carroll and unanimously passed. Case No. 11-1704 Wachovia Mortgage Corp. th Property Address: 118 SE 8 Avenue Violation(s): CO CH10 SEC. 10-51.5 INC Register property, remove all trash and debris and mow, weed and trim property Officer Roy presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Alexis moved that this Board find that Wachovia Mortgage Corp. is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before August 27, 2011. The Board has considered the gravity of the 19 Meeting Minutes Code Compliance Board Boynton Beach, FL August 17, 2011 violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past August 27, 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. The motion was seconded by Ms. Carroll and unanimously passed. Case No. 11-1157 La Salle Bank National Association th Property Address: 2510 SW 12 Street Violation(s): CO CH10 SEC. 10-51.5 INC Register property and maintain exterior property areas. Mow and trim all overgrowth. Remove all trash and debris. Officer Lewis presented the case as contained in the notice of violation. Staff recommended 15 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that La Salle Bank National Association is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before September 1, 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 September 1, 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. The motion was seconded by Vice Chair Yerzy and unanimously passed. Case No. 11-1161 Federal National Mortgage Assoc. th Property Address: 1311 SW 28 Avenue Violation(s): CO CH10 SEC. 10-51.5 INC Mow and trim overgrown yard areas. Cut overgrown ficus hedges. Remove all trash and debris. Repair wooden fence/gate sections Officer Lewis presented the case as contained in the notice of violation. Staff recommended 15 days to comply. 20 Meeting Minutes Code Compliance Board Boynton Beach, FL August 17, 2011 Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Federal National Mortgage Association is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before September 1, 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 September 1, 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. The motion was seconded by Ms. Carroll and unanimously passed. Case No. 11-1334 Taylor, Bean & Whitaker Mortgage (Ronald and Lela White) th Property Address: 1301 NW 8 Street Violation(s): CO CH10 SEC. 10-56 (B) CO CH13 SEC/ 13-16 Obtain business tax receipt. Mow and de-weed all overgrown yard areas (front, rear and sides) Officer Lewis presented the case as contained in the notice of violation. Staff recommended 10 days to comply. House is now vacant so no Business Tax Receipt is currently required. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Taylor, Bean and Whitaker Mortgage is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before August 27, 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 27, 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. The motion was seconded by Mr. Alexis and unanimously passed. 21 Meeting Minutes Code Compliance Board Boynton Beach, FL August 17, 2011 Case No. 11-1421 Chase Home Finance LLC. th Property Address: 2325 SW 11 Street Violation(s): CO CH10 SEC. 10-51.5 INC Mow and trim overgrown yard areas (front, side, and back). Remove all trash and debris. Officer Lewis presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Chase Home Finance LLC is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before August 27, 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 August 27, 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. The motion was seconded by Vice Chair Yerzy and unanimously passed. Case No. 11-1570 Jerome and Colette Burgess th Property Address: 634 SW 4 Avenue Violation(s): BBA FBC ’07 ED. 105.1 Permit required for the garage conversion to living/work space; electrical, wall and doors installation Officer Lewis presented the case as contained in the notice of violation. Staff recommended 15 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Jerome and Colette Burgess 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 September 1, 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 September 1, 2011 plus administrative costs shall be imposed. The Respondents 22 Meeting Minutes Code Compliance Board Boynton Beach, FL August 17, 2011 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. The motion was seconded by Mr. Alexis and unanimously passed. Case No. 11-1733 Victor and Sandra Santiago st Property Address: 604 NW 1 Avenue Violation(s): CO CH15 SEC. 15-120 (D) INC Mow and trim overgrown yard areas. Officer Lewis presented the case as contained in the notice of violation. Staff recommended 15 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Victor and Sandra Santiago 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 September 1, 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 September 1, 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. The motion was seconded by Mr. Foot and unanimously passed. Case No. 11-242 National Land Title Co. Property Address: 12807 Lake Drive Violation(s): CO CH10 SEC. 10-2 Mow and trim overgrown yard areas. Mike Melillo , Senior Code Compliance Officer, presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Alexis moved that this Board find that National Land Title Co. is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before August 27, 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 August 27, 2011 plus administrative costs shall be imposed. The Respondent is further ordered 23 Meeting Minutes Code Compliance Board Boynton Beach, FL August 17, 2011 to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. The motion was seconded by Ms. Carroll and unanimously passed. Case No. 11-1612 Mikerline Julien th Property Address: 121 SE 28 Court Violation(s): CO CH15 SEC. 10-120 (D) INC Remove all inoperable motor vehicles Officer Melillo presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Mikerline Julien is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before August 27, 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 August 27, 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. The motion was seconded by Mr. Alexis and unanimously passed. Case No. 11-1674 Juvenal and Myrna Suarez th Property Address: 197 SE 27 Court Violation(s): CO CH10 SEC. 10-56 (D) CO CH15 SEC. 15-120 (D) INC CO CH20 SEC. 20-6 Register and Remove all motor vehicles and trailers. Remove all outside storage and trash. Install minimum 4” numbers on house visible from the street. Officer Lewis presented the case as contained in the notice of violation. Staff recommended 30 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Juvenal and Myrna Suarez are in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondents 24 Meeting Minutes Code Compliance Board Boynton Beach, FL August 17, 2011 correct the violation on or before September 16, 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 September 16, 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. The motion was seconded by Mr. Foot and unanimously passed. Case No. 11-1485 Deutsche Bank National Trust Property Address: 5 Buxton Lane Violation(s): CO CH10 SEC. 10-51.5 INC Register and maintain property Vestiguerne Pierre , Senior Code Compliance Officer, presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Deutsche Bank National Trust is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before August 27, 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 27, 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. The motion was seconded by Ms. Carroll and unanimously passed. Case No. 11-1488 Jean Blanchard Property Address: 60 Hastings Lane Violation(s): CO CH13 SEC. 13-16 Obtain Business Tax Receipt Officer Pierre presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Jean Blanchard is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct 25 Meeting Minutes Code Compliance Board Boynton Beach, FL August 17, 2011 the violation on or before August 27, 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 27, 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. The motion was seconded by Mr. Alexis and unanimously passed. Case No. 11-1432 Ducasse Gedeon and Ingrid Michel nd Property Address: 908 SW 2 Street Violation(s): CO CH10 SEC. 10-56 (A) CO CH10 SEC. 10-56 (B) CO CH10 SEC.10-56 (D) CO CH15 SEC. 15-120 (D) INC Remove trash and debris. Repair damaged area of roof. Remove remaining blue tarp from roof. Officer Roy presented the case as contained in the notice of violation. Staff recommended 30 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Ducasse Gedeon and Ingrid Michel 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 September 16, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past September 16, 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. The motion was seconded by Ms. Carroll and unanimously passed. Case No. 11-1564 Lucio and Rosaura Lozano Property Address: 212 W. Ocean Avenue Violation(s): BBA FBC ’07 ED. 105.1 Roof permit expired. Obtain new permit. Officer Roy presented the case as contained in the notice of violation. Staff recommended 10 days to comply. 26 Meeting Minutes Code Compliance Board Boynton Beach, FL August 17, 2011 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Lucio and Rosaura Lozano 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 August 27, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past August 27, 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. The motion was seconded by Ms. Carroll and unanimously passed. Case No. 11-1585 Michael Alexander and Sabrina Diotte Property Address: 501 W. Ocean Avenue Violation(s): CO CH10 SEC. 10-56 (A) CO CH10 SEC. 10-56 (B) CO CH15 SEC. 15-120 (D) INC Mow, weed and trim all overgrowth Officer Roy presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Alexis moved that this Board find that Michael Alexander and Sabrina Diotte 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 August 27, 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 August 27, 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. The motion was seconded by Ms. Carroll and unanimously passed. 27 Meeting Minutes Code Compliance Board Boynton Beach, FL August 17, 2011 Case No. 11-1689 Amy McCabe Property Address: 313 W. Woolbright Road Violation(s): CO CH10 SEC. 10-56 (A) CO CH10 SEC. 10-56 (B) LDR CH3 ART.IV SEC. 3 (D) CO CH15 SEC. 15-120 (D) INC Remove all outside storage from property to include construction equipment, airplane parts and items inside carport. Officer Roy presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Amy McCabe is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before August 27, 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 27, 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. The motion was seconded by Ms. Carroll and unanimously passed. Case No. 11-1463 Bishop Evans th Property Address: 132 NW 11 Avenue Violation(s): CO CH10 SEC. 10-2 CP CH10 SEC. 10-3 Remove outside storage of old tires from vacant lot and public view Officer Cain presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Bishop Evans is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before August 27, 2011. The Board has considered the gravity of the 28 Meeting Minutes Code Compliance Board Boynton Beach, FL August 17, 2011 violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $200 per day for each day the violation continues past August 27, 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. The motion was seconded by Ms. Carroll and unanimously passed. Case No. 11-1725 Gerhard Degan th Property Address: 1014 NE 7 Street Violation(s): LDR CH3 ART.IV SEC. 3 (D) Remove shipping containers from residential zone. Containers do not meet zoning code. Officer Cain presented the case as contained in the notice of violation. Staff recommended 30 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Gerhard Degan is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before September 16, 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 September 16, 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. The motion was seconded by Ms. Carroll and unanimously passed. Case No. 08-3379 Forum Shoppes of Boynton, LLC 140 N Congress Ave Officer Lewis recommended this case be tabled to September 21, 2011. Motion Ms. Carroll moved that the aforementioned case be tabled to September 21, 2011. Vice Chair Yerzy seconded the motion that unanimously passed. Officer Lewis reported the following case complied and should have “No Fine”: th Case No. 10-3623 Brownstone Management, LLC 1500 SW 30 Ave 29 Meeting Minutes Code Compliance Board Boynton Beach, FL August 17, 2011 Motion Based on testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent, Brownstone Management, LLC was in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Order of March 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." Vice Chair Yerzy seconded the motion that unanimously passed. Chair Costantino advised the Monday meeting was changed to 6:30 p.m. It was decided at the last meeting to conduct a workshop to benefit the new members of the Board. The workshop would be held on Monday, September 19, 2011 at 6:30 p.m. Adiournment There being no further business, the meeting properly adjourned at 8:30 p.m. ~/r'C1 d ;; / ../t.,LO.': ~ OA_.(,vL~-- Ellie Caruso Recording Secretary 30