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Minutes 09-21-11 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, SEPTEMBER 21,2011, AT 6:30 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Richard Yerzy, Vice Chair Kathleen Carroll Gary Cole Robert Foot RoseMarie Yerzy Shana Bridgeman, Assistant City Attorney Diane Springer, Code Compliance Coordinator ABSENT: Aimond Alexis Robert Bucella, Alt I. Call to Order The meeting was called to order at 6:30 p.m. Chair Costantino requested to make a special presentation. There were no objections to the request. Chair Costantino, on behalf of the Board, recognized Senior Code Compliance Officer Willie Webb. She recalled when she first sat on the Board, she was told Officer Webb was the meanest Code Officer in town. She commented Officer Webb served the City with honor and dignity, and he will be sorely missed. Officer Webb was retiring and moving forward to all new adventures. She presented Officer Webb with a plaque for his service. Officer Webb stated it was an honor to serve for the past 23 years and 7 months and he tried to do his best to serve well. He made many enemies and he was always tough. He stated, he says what he means, and he means what he says. No one was above the law, and it had nothing to do with one's position. It was always his standard. Officer Webb commented he has enjoyed the City, he enjoyed the Code Compliance Board, and his co-workers. He stated if he ever wrote a book about Boynton Beach Code Enforcement, it would be a number 1 best seller. II. Approval of Minutes of July 20,2011 and August 17, 2011 The following changes were made to the minutes: July 20, 2011 Page 5 - Case No. 11-137 - The last sentence should read "He requested a reduction to instead of of $300." 1 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 Page 8 - Case No. 09-3474 - The last line of the second paragraph should read "for a reduction to instead of for administrative costs." Page 10 - Case NO.1 0-2880 - The motion paragraph should include "for 1 occurrence." Page 25 - Case No. 11-1366 - The violation description is omitted in the caption. August 17, 2011 Page 21 - Case No 11-1334 - Respondent's name should be Ronald & Lela White. Mr. Foot requested deferring the August 17,2011, as he did not see them. Motion Mr. Foot moved to table the minutes. Ms. Carroll seconded the motion that unanimously passed. Motion Mr. Foot moved to approve the July minutes as amended. Ms. Carroll seconded the motion that unanimously passed. III. Approval of Agenda Vestiguerne Pierre, Senior Code Compliance Officer, announced the following changes to the agenda: Case Nos: 11-1635,11-2003,11-2112,11-1936,11-2128, and 11-124 complied. Motion Vice Chair Yerzy moved to approve the agenda. Ms. Carroll seconded the motion that unanimously passed. IV. Swearing in of Witnesses and Introduction Attorney Bridgeman explained the hearing procedures. The Recording Secretary administered the oath to all who would be testifying. IV. New Businesses Officer Pierre called the roll and determined who was present. Chair Costantino requested the Lien Reductions be heard first. 2 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 Motion Ms. Carroll so moved. Mr. Cole seconded the motion that unanimously passed. Case No. 98 -218 Roberto & Terry Rego 112 SW 9th Avenue Pete Roy, Chief Code and Rehabilitation Officer, presented the case. The notice of violation was January 23, 1998, for violations pertaining to an unpermitted rock driveway and apron, weeds in the swale area, and repairing and painting the garage door. The case was heard on May 20, 1998, and no one appeared. The Respondents were ordered to comply by June 15, 1998, or incur a fine of $25 per day. The violations were corrected on May 7, 2009. The accrued fine totaled $99,450. Craig Rogers, Esq., of Shepherd and Leskar, 100 NW 70th Avenue, Plantation, Florida, attorney for the Bank, commented this case was cited in 1998. The property was sold in 2001. Attorney Rogers believed, based on old appraisals, that during the transaction, the violations were corrected, but unless one called for an inspection, compliance was not documented. The purchaser owned the property until 2010, refinanced, and the mortgage went into foreclosure. The Lis Pendens was filed in April 2009. It went to Judgment in August 2010, and in May, the Certificate of Title was issued to Wilmington Trust, FSB. The Bank hired a local real estate /management company who cleaned the property and put it on the market. The property was under contract for $59,000 and still needed work; however, Attorney Rogers stated the buyer intends to improve the property and inhabit the home. The Bank was requesting the lien be reduced to a reasonable amount so the buyer could purchase it. The buyer was not an investor. Attorney Rogers requested a reduction equal to $1,000 plus administrative costs. There were other items that were repaired. Water bills were paid and Attorney Rogers reported the actual maintenance was between $2,000 and $3,000, paid by the management company, plus $8,000 in foreclosure insurance and real estate taxes. The original mortgage was about $169,038 and the Judgment, with court costs and interest, was $199,000. The closing was scheduled for August 19, 2011, which was extended 30 days and then another 30 days, to October. Motion Based on 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, Mr. Foot moved that this Board reduce the fines instituted in the aforementioned case, by virtue of this Board's Order of May 20, 1998, to an amount of $5,000, including administrative costs. The motion died for lack of a second. 3 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 Motion Based on 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 fines instituted in the aforementioned case, by virtue of this Board's Order of May 20, 1998, to an amount of $2,000, including administrative costs. The motion died for lack of a second. Motion Based on 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 fines instituted in the aforementioned case, by virtue of this Board's Order of May 20, 1998, to an amount of $2,730.15 including administrative costs. Ms. Carroll seconded the motion. The motion passed 5-1 (Mr. Foot dissenting). It was noted in order for a lien to be reduced, four affirmative votes were needed. Case No. 09-3783 US Bank National Assoc. 436 SW 7th Ct. Officer Roy presented the case. The notice of violation was December 7, 2009, for violations pertaining to trash, debris and mowing. The case was heard on January 20, 2010, and Attorney Joanne Galipaulk appeared. The Respondents were ordered to comply by February 19, 2010, or incur a fine of $100 per day. The violations were corrected on June 2,2010. The accrued fine totaled $10,200. Misty Sheets, Esq., of Marshall Watson, 1800 NW 49th Street, Suite 120, Ft. Lauderdale, on behalf of the Bank in the foreclosure action, requested a reduction. The title was issued in May of 2011, and once it was issued, her client complied right away. Prior to that, the property was tenant occupied. The owner tried to comply prior to that, and the pool was addressed immediately after the title was issued. She requested the fine be reduced to administrative costs. The Lis Pendens was filed on July 15, 2008. Gina Mattila, of Mega Real Estate Services, 2755 S. Federal Highway, testified a sale was pending, and they hoped to close by the end of September. The sale price was $75,000. There was discussion there was an associated case and there were three Orders. 4 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 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, Ms. Carroll moved that this Board rescind the fine instituted in the aforementioned case by virtue of this Board's Order of January 20, 2010, and that the lien imposed by that Order be released. Vice Chair Yerzy seconded the motion. Mr. Foot expressed this related to the Bank refusing to register the property and there was no reason to excuse a Bank for failing to comply with the Ordinance. Motion Mr. Foot moved to table the case until after the second case was heard. The motion died for lack of a second. Vote The motion passed 5-1 (Mr. Foot dissenting). Case No. 10-3117 US Bank National Assoc 436 SW 7th Ct Officer Roy presented the case. The notice of violation was October 20, 2010, for violations pertaining to weeds, mowing and trimming overgrowth. The pool needed to be cleaned and covered. The case was heard on December 15, 2010, and Attorney James Karrat appeared. The Respondents were ordered to comply by December 20, 2010, or incur a fine of $500 per day, for the gate, on one Order, and comply by January 14, 2011, or $250 a day for the overgrowth on the second Order. The violations were corrected on August 2,2011. The accrued fine for the first Order totaled $112,000. The accrued fine for the second Order totaled $49,750. Misty Sheets, Esq., of Marshall Watson, 1800 SW 49th Street, Ft. Lauderdale, and Gina Mattila, 2755 S. Federal Highway were present. Ms. Mattila stated she was the realtor for the Bank and she received the listing in May 2011. She was informed of the violation and immediately obtained estimates to correct the violation. One estimate was to install a meter can for electric, clean the pool, and maintain it. She was working with Officer Roy to comply with the landscaping, locks on the gate, and pretty much everything they were able to do to comply. To her knowledge, the Bank has paid close to $4,000 to correct the issues and the Bank had to pay other fees. She requested a reduction so they could sell the property. They had a buyer who would live in the dwelling. 5 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 Ms. Mattila explained based on when they obtained the title, they complied in a reasonable time and she sought nearly a full reduction plus costs. She explained they could not correct anything while someone was living on the property. Chair Costantino explained the property needed to be maintained by someone and the violations run with the property. The gates were the main issue. Ms. Mattila commented there were locks on the gates when she obtained the property. The management company installed pad locks. Ms. Mattila installed a self-latching lock, but it was done prior to the Bank owning the property. Ms. Sheets testified the pool, the gate, and the bushes were addressed on January 8, 2011. Officer Roy had photographs he distributed to the Board. 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 December 15, 2010, to an amount of $10,000 including administrative costs. Mr. Foot seconded the motion. There was discussion two Board orders were needed. Vice Chair Yerzy suggested $5,000 for each Order. Mr. Foot withdrew his second. Vice Chair Yerzy withdrew his motion. The following motion was for the gate: 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 December 15, 2010, to an amount of $7,000 including administrative costs. Mr. Foot seconded the motion. The motion passed 5-1 (Ms. Carroll dissenting). The following motion pertained to all the other violations: 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 6 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 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 15, 2010, to an amount of $3,000 including administrative costs. Mr. Cole seconded the motion that unanimously passed. Case No.1 0-2386 HSBC Bank USA 2407 NE 4th Street Officer Roy presented the case. The notice of violation was August 16, 2010, for violations pertaining to registration of foreclosed property and maintenance. The case was heard on October 20, 2010, and no one appeared. The Respondent was ordered to comply by October 30, 2010, or incur a fine of $100 per day. The violations were corrected on April 18, 2011. The accrued fine totaled $16,900. Giovanni Molina, 555 NE 15th Street, Miami, was the buyer. He testified he has had a contract on the property for four months. He has been trying to correct the violations and each time he did, the property was vandalized. He had called for an inspection and each time the inspector arrived, the place was vandalized. Mr. Molina advised the doors and windows have been broken, the air conditioning was stolen, and vandals ripped the bathroom apart. The contract price was $32,000, and he did not know how much money he invested into the property, which he did not yet own, but he hoped the Board would reduce the fines to administrative costs. He intended to rent the property to someone who would take care of it and he stated he had been purchasing and renting properties for over 15 years. When he worked on the properties, he ensured the units were in perfect condition. He verifies credit on the tenants and assists them to purchase the property through an FHA mortgage. He thought the City was aware he had been diligent in trying to obtain compliance as he had been in contact with Code Compliance often. The property looked good and they have had the property watched. Mr. Molina stated the Bank paid the water bills, but he had to change five or six windows, change screens, work on the roof, and there was a storage unit that had to be removed. In addition to those items, they also found a dead dog inside the premises. All these items had to be addressed in order to sell the 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, 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 $3,634.12 including administrative costs. 7 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 Vote Discussion followed the fine was too high. Vice Chair Yerzy amended his motion to reflect a fine of $2,634.12. Mr. Foot seconded the motion that unanimously passed. Case No. 08-1042 Brenda L. Doyle Brinson 1824 Edgewater Dr. Officer Roy presented the case. The notice of violation was April 1, 2008, for violations pertaining to repair of the patio roof and to secure the openings of the structure. The case was heard on May 21, 2008, and no one appeared. The Respondent was ordered to correct the violations by May 31, 2008, or incur a fine of $1,000 per day. The violations were corrected on May 6,2011. The accrued fine totaled $1,069,000. Officer Roy explained there were numerous emails to Ms. Springer indicating the property was secured; however, each time the inspector arrived, the property was vandalized. The Respondents were making an effort. Patricia Johnson, 3960 Hypoluxo Road, Boynton Beach, representing the listing broker for the Bank was present. She testified they received the listing on July 8, 2011. They paid nearly $6,000 in repairs for the fence, painting, fascia, sliding glass doors, screens and windows, screen enclosure, deep cleaning, and maintenance of the exterior. It was noted there was no pool, but there was a high fine because the property was unsecured. The property was listed at $110,000 and was not currently under contract. The dates of the emails from Brian Tenais of Century 21, the previous listing agent, were April 20, 2011, May 5,2011, June 30, 2011, and July, 2011. Mr. Foot thought a fine of $10,000 would be appropriate; however, Ms. Johnson hoped for $1,000 plus administrative costs. She stated the property was listed at $110,000, but it has termites. She hoped they would get $80,000 for the 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, 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 $10,000 including administrative costs. Mr. Foot seconded the motion. The motion passed 5-1 (Ms. Carroll dissenting). 8 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 Case No. 08-2383 Harrison C. Kutun 710 SW 25th Place Officer Roy presented the case. The notice of violation was August 15, 2008, for violations pertaining to installing a pool barrier and maintaining the pool in a sanitary condition. The case was heard on September 17, 2008. No one appeared. The Respondents were ordered to correct the violations by September 27, 2008, or incur a fine of $500 per day. The violations were corrected on June 18, 2010. The accrued fine totaled $314,000. Ari Ben-Hamo, 7000 W. Palmetto Park Road, Suite 307, Boca Raton, the Attorney representing the Bank was present. The members noted there were two orders on the property: one for the pool, and the other for registration of a foreclosed property. Merideth Markarian, of Keyes Real Estate, 10921 Jog Road, Suite 152, Boynton Beach, the listing agent for the Bank was present. Attorney Ben-Hamo testified the Bank took title to the property on January 6, 2011. The Bank had been working diligently to bring the property into compliance and spent $50,000 to correct the violations, including a new roof, the pool, landscaping, electrical, and a number of other issues. He stated the pool was brought into compliance before the Bank took title, but it had not been inspected. Ms. Markarian stated when they took over the listing, a lien search showed the Code violations. They immediately started to comply. The first was the roof, which they replaced with a new barrel tile roof, which cost $26,500 and there were other smaller issues. A Code Officer inspected the property and, at that time, the violations were cleared but they were cited for additional violations in the interior of the home, which were also corrected immediately at a cost of $27,850. Additionally, the Bank re-sodded the property. Attorney Ben-Hamo testified there is a contract on the property with someone who will live in the home. The contract price is $111,000. The closing had been delayed several times due to the Code violations, but the parties want to close as soon as possible. It was noted there was a compliance date of June 18, 2010, but the testimony is they did not get the property until January 6, 2011. It was in compliance with the pool six months before the Bank took it over. The same principal applied to the second case. Attorney Ben-Hamo stated the balance at the time of foreclosure was approximately $400,000. The property appraisal, last year, was just under $90,000. The date of the foreclosure was December 14, 2010, and the Certificate of Title was recorded January 15,2011. 9 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21,2011 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 17, 2008, to an amount of $12,560,00 including administrative costs. Mr. Foot seconded the motion that unanimously passed. Case No. 09-3695 u.s. Bank National Assoc. 710 SW 25th Place Officer Roy presented the case. The notice of violation was November 20, 2009, for violations pertaining to property registration and maintain the property per City Code. The case was heard January 20, 2010, and no one appeared. The Respondent was ordered to comply by February 4, 2010, or incur a fine of $250 per day. The violations were corrected on August 9, 2010. The accrued fine totaled $46,250. Ari Ben-Hamo, representing U.S. Bank National Association, 7000 W. Palmetto Park Road, Suite 307, Boca Raton, stated the Bank spent $50,000, and in fairness with the other cases that were being reduced, he requested that this one be reduced to just 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, Vice Chair Yerzy moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of January 20, 2010 to an amount of $1 ,460, including administrative costs. Ms. Carroll seconded the motion. Mr. Foot expressed the Ordinance needed to be enforced, and he felt the fine was not reflective of the Ordinance. Vote There was a vote on the motion. The motion passed 5-1 (Mr. Foot dissenting). Case No. 05-2563 Lee F. Brown 143 SE 27th Place Officer Roy presented the case. The notice of violation occurred on November 9,2005, for violations pertaining to an unpermitted carport. The case was heard February 15, 2006, and no one appeared. The Respondent was ordered to correct the violation by 10 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 March 17, 2006, or incur a fine of $50 per day. The violations were corrected on September 13, 2006. The accrued fine totaled $8,950. Kristin Stampini, 7140 NW Turtle Walk, Boca Raton, the real estate agent for the Bank and listing agent, testified the Bank took over the property in July 2006. She stated the violation was already addressed and they invested $8,000 into the property. There was a contract on the property and the closing had been delayed several times. The price of the home was $69,000, and it was hoped the property would close by the end of the month. 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 15, 2006, to an amount of $1,826.18, including administrative costs. Mr. Cole seconded the motion that unanimously passed. Case No. 09-3698 US Bank National Assoc. 2710 SW 7th Street Officer Roy presented the case. The notice of violation was November 23, 2009, for violations pertaining to registration of foreclosed property. The case was heard January 20, 2010, and no one appeared. The Respondent was ordered to correct the violation by February 4, 2010, or incur a fine of $250 per day. The violations were corrected on June 30, 2011. The accrued fine totaled $36,250. David McDonald, 251 8th Street, West Palm Beach, the listing agent for the Bank, testified they received the property on June 14, 2010, and the Certificate of Title was issued to the Bank on June 30, 2011. He stated they registered the property and had a log of maintenance since they acquired the property. The property was foreclosed twice. The property was a Fannie Mae property and it was under contract. It was noted there were two cases associated with the property; the first dealt with registration, and the second with the maintenance. The sale price was $150,000. The Lis Pendens for second foreclosure occurred in March. 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 January 20, 2010, to an amount 11 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 of $2,634.12, including administrative costs. Vice Chair Yerzy seconded the motion that unanimously passed. Case No.1 0-3218 Aurora Loan Services 2710 SW 7th Street Officer Roy presented the case. The notice of violation was November 4, 2010, for violations pertaining to lot maintenance. The case was heard December 15, 2010, and no one appeared. The Respondent was ordered to correct the violation by January 14, 2011, or incur a fine of $50 per day. The violations were corrected on March 24, 2011. The accrued fine totaled $3,400. David McDonald, 251 8th Street, West Palm Beach, testified they paid mowing fees and hard costs in the amount of $478.29, and they had the maintenance log since the Bank took over the property. The property was in compliance, secured, under contract, and ready to go. It was noted there was about four months when the property was not maintained. The second foreclosure process was entered into in March, and they took over the property June 14, 2011. On June 30, 2011, the Certificate of Title was issued to Fannie Mae. Mr. McDonald explained the first foreclosure was turned over immediately and was in compliance. Mr. Foot noted the neighborhood was a nice neighborhood and suggested a fine of $2,600. Mr. McDonald acknowledged each case was heard on its own, but the fine seemed askew for some of the reductions. Chair Costantino pointed out the Banking industry had done a lot of damage and the City was hit hard. Mr. McDonald did not disagree but felt that just because a home was in a nice neighborhood, that one should not be hit harder because one should have taken more care in a nice neighborhood. He felt they should be treated equally. 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 14, 2011, to an amount of $1,634.12, including administrative costs. Mr. Cole seconded the motion. The motion passed 5-1 (Mr. Foot dissenting). It was noted the date of the Order should have been December 15, 2010. Ms. Carroll acknowledged the date was December 15, 2010. 12 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 Case No.1 0-3370 Andrew & Gail Luchey 2208 SE 4th Street Officer Roy presented the case. The notice of violation was November 24, 2010, for violations pertaining to the repair or replacement of damaged or missing soffit screening. The case was heard January 19, 2011, and no one appeared. The Respondents were ordered to correct the violations by January 29, 2011, or incur a fine of $100 per day. The violations were corrected on April 6, 2011. The accrued fine totaled $6,600. Andrew Luchey, 8517 Estate Drive, West Palm Beach, testified they recently purchased the property and they dropped the ball. The notice came into the office and was misplaced. The property manager was at the property when the Officer was present and they extended the time to correct the violation. The property manager has since been terminated and he requested, because it was not a safety violation, they be reduced to costs. He commented they have had properties in Boynton for the last 20 years and they always comply. Discussion turned to the Respondent as Mr. Foot recalled was a repeat violator; however, there were other sections of the Code they may have been in violation of, but not with this property. There were no fees or fines. Mr. Luchey commented Mr. Foot had filed a complaint against a property he had which would be used for a sober house and there was a question whether the application was filed correctly. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Vice Chair Yerzy moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of January 19, 2011, to an amount of $2,500, including administrative costs. Mr. Foot seconded the motion. The motion passed 4-2. Mr. Foot put on record that he did not draw any complaint against a property of Mr. Luchey's. He did not know if his wife did, but as a member of the Board, he does not give complaints to Code Officers to act on. Case No. 11-1712 Property Address: Violation(s): Countrywide Home Loans (1613 NE 4th St.) 1613 NE 4th Street CO CH10 SEC. 10-51.5 INC. Property that is vacant or subject to default must be registered with the City and maintained per City Code. Mow overgrown yard, repair fence, remove bees and hive from rear of property. 13 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 Courtney Cain, Code Compliance Officer, presented the case. The structure was a vacant, single-family, non-homesteaded property. The case arose from a citizen complaint. The initial inspection date was July 5, 2011, for the violations noted above. Ten days was given to comply. Written notice was sent, and the green card was signed on August 17, 2011. The bees and hives were removed. All else remained outstanding. Staff recommended a compliance date of October 1,2011. Misty Sheets, Esq., of Marshall Watson, 1800 NW 49th Street, Suite 120, Ft. Lauderdale, pled no contest. She requested 30 days to obtain bids and bring the property into compliance. The property could be registered within 10 days. Officer Cain had photographs he distributed to the Board. There was one gate that needed a hinge. Discussion followed 10 days would be more appropriate. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Countrywide Home Loans 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 October 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 $100 per day for each day the violation continues past October 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. Ms. Yerzy seconded the motion that unanimously passed. Case No. 11-2053 BAC Home Loans Servicing (1414 N. Seacrest Boulevard) 1414 N. Seacrest Boulevard CO CH10 SEC. 10-51.5 Inc. Property that is vacant or subject to default must be registered with the City and maintained per City Code. Mow overgrown yard. Property Address: Violation(s): Officer Cain, presented the case. The structure was a vacant, single-family, non- homesteaded property. The case arose from a routine inspection. The initial inspection date was August 1, 2011, for the violations noted above. Written notice was sent giving 10 days to comply. Staff recommended 10 days be given for compliance. Manny Hiraldo, Esq., of Blank Rome, LLP, 1200 N. Federal Highway, Boca Raton, on behalf of Bank of America, pled not guilty to the registration violation and no contest to the overgrown yard. The property was still in foreclosure and was not owned by the 14 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 Bank. Their last inspection showed the property was occupied and he stated the applicable Ordinance does not require registration while the property was still occupied. As to the lawn mowing, the property was occupied and he requested 30 days to monitor the property. Once confirmed the property was vacant, they would enter the premises and cut the grass. Attorney Hiraldo did not have the inspection date, but stated it was done subsequent to the notice of hearing received on August 16, 2011. Attorney Bridgeman explained the Bank was responsible for registering and maintaining the property when it is in foreclosure. Attorney Hiraldo agreed and commented the property appraiser reflected the property was owned by Terrelyn Balam and he read from the Ordinance, Section 10-51.1.subsection (i), if the property is occupied while in default, the Bank has a responsibility to continue to inspect the property, while occupied, every 30 days. Once unoccupied, the Bank has 10 days to register the property as an unoccupied foreclosure property. Officer Cain had photographs showing the property was vacant. Attorney Hiraldo had not viewed the property and after reviewing the photographs, he stated for the record it showed the house with high grass and no other evidence it was unoccupied. Officer Cain stated for the record that his testimony was he was at the property. When it was initially cited on August 1, 2011, it was vacant and it was vacant as of yesterday at 1 :38 p.m. Attorney Hiraldo stated if someone was living there they would be at work. Officer Cain stated there were no curtains and he walked up to the property. Chair Costantino commented the photographs show there is no evidence of any furniture, signs of life, or garbage cans. Officer Cain testified he was on the property, he walked around the property, he looked in the windows and the home was empty. Attorney Hiraldo testified his client advised him it was occupied. Mr. Foot commented Officer Roy first cited the property on August 1, 2011; however, it was a typographical error as Officer Cain inspected and initiated the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that BAC Home Loans Servicing 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 October 1, 2010. 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 October 1, 2010, 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. The motion failed by tie vote (Mr. Foot, Ms. Yerzy and Chair Costantino dissenting). 15 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 Vote Ms. Carroll agreed to change the fine amount to $150 per day. Vice Chair Yerzy seconded the motion. The motion unanimously passed. Attorney Hiraldo questioned the grounds to raise the fine from $100 to $150 per day so he could appeal the fine. Chair Costantino responded it was the Board's decision and whatever floats their boat at the time is what is given. The Board does not have a fine schedule. Vice Chair Yerzy responded it was what the Board decided. It was noted the correct date was October 1, 2011 and not 2010. Case No. 11-1838 Address: Violation(s) Richard & Cathy E. Barnes 224 SW 6th Street CO CH15 SEC 15-120(D) Inc. CO CH10 SEC. 10-56(B) Remove inoperable unregistered vehicles and outdoor stored items. Skip Lewis, Senior Code Compliance Officer, presented the case. The initial inspection date was July 14, 2011, for the violations as noted above. Cathy Barnes, 11109 Misty Ridge Way, Boynton Beach, pled no contest and requested 30 days be given to correct the violations. The property was a rental property and they did not know there were excessive items in the back from tenants. There was only one large truck there recently, which she planned to remove. Officer Lewis had photographs he distributed to the Board and he recommended 15 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 Richard and Cathy Barnes 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 October 6, 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 October 6,2011, 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.11-1904 Property Address: Violation(s): Juan C. & Maria Sophia Miranda 1457 SW 25th Place CO CH10 SEC. 10-3 16 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 BBA FBC '07 ED. 105.1 CO CH10 SEC 10-56 (B) (D) Secure Building Permit for new roof installation in progress. Remove loose tiles from exterior of property and building, and trash and debris from property. Officer Lewis requested how to proceed. A representative from the Bank was present but he had sited the property owner. The property was not vacant. Attorney Misty Sheets agreed to pass on information to the Bank. There was agreement this case would be addressed later in the meeting. Case No.11-1462 Property Address: Violation(s): Karen J. Efron Trust 190 SE 27th Place CO CH15 SEC 15-120(D) INC BBA FBC '05 105.1.1 Obtain permits for electric, plumbing, and installing door. Remove trash, mow grass and weeds. Mike Melillo, Senior Code Compliance Officer, presented the case. The structure is a multi-family home. The initial inspection date was June 15, 2011, for the violations noted above. The Respondent was given 10 days to comply. Due to the backlog of cases, there was double service on this property, which occurred on June 20, 2011, and August 15, 2011. Certified mail was sent, but the green card was unsigned. The property was posted on July 8, 2011, and August 8, 2011, and regular notice was sent on June 15, 2011. The representative was present. Scott Efron, 1730 S. Federal Highway, Delray Beach, pled not guilty and stated his wife recently died. Officer Melillo had photographs he showed the Respondent and the Board. The property was in bad condition and vagrants were living there. Officer Melillo observed someone working on the property once they got control of it in April and notices were sent. They replaced windows, the sliding doors in the back, and the storage room door. They were remodeling the interior of the home. One unit was a two-bedroom unit, and the other was a one-bedroom unit. They did not have permits. Currently, the property is occupied, and there was no way to know if it was up to Code. Mr. Efron stated he purchased the property from the Bank and it was vacant. When it went to contract, someone smashed the back door and windows. He bought it for his daughter and the Bank did the work to secure the property. He did send a handyman to the property who let the inspector in. This was the first notice he received. Chair Costantino stated the property appraiser should be apprised of address changes, as Mr. Efron testified he moved since his wife passed away. Mr. Efron's daughter was familiar 17 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 with the process. Inside it was the same walls, they upgraded the kitchen, and some plumbing was repaired. An electrican was sent to the property earlier in the day, and a plumber will be sent as well. It was explained the property needs a Business Tax Receipt and permits need to be pulled. It was thought 60 days to correct the violations was appropriate. The property was not red tagged. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Karen J. Efron Trust is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before November 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 $100 per day for each day the violations continue past November 20, 2011, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that unanimously passed. Case No.11-1986 Property Address: Violation( s): Daniel & Carol Farrell 3135 Chapel Hill Boulevard CO CH10 SEC 10-24(A) (1) CO CH15 SEC. 15-120(D) INC. Mow grass and weeds in front and backyard. Move blue trash can behind fence. Officer Melillo presented the case. The structure was a single-family homesteaded property. Officer Melillo stated this was a Cease and Desist Order. The Respondents had complied; however, they had many problems with the property in the past. Dan Farrell, 3135 Chapel Hill Boulevard, pled guilty. He broke his foot and was not able to mow his property. Since it healed, he has maintained the yard and has every intention to continue to maintain the property as he enjoys living at the premises. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that a Cease and Desist Order be issued giving Daniel & Carol Farrell until October 1, 2011, to bring the violation of the City of Boynton Beach Code sections as cited into compliance. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that a fine in the amount of $50 per occurrence of the violation 18 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 thereafter shall be imposed upon the Respondents. Vice Chair Yerzy seconded the motion that passed unanimously. Case No. 11-2141 Address: Violations: HSBC Mortgage Corp. (203 SE 26th Ave.) 203 SE 26th Avenue CO C10 SEC 10-51.5 INC Property that is vacant or subject to default must be registered with the City and maintained per City Code. Mow grass and weeds including right-of-way on the west side. Officer Melillo presented the case. The mortgage holder cited was HSBC Mortgage Corp, for the maintenance violations noted above. The Respondent was given 10 days to comply. Misty Sheets, Esq., of Marshall Watson, 1800 NW 49th Street, Suite 120, Ft. Lauderdale, pled no contest and requested 30 days. As to registering the property, it could be registered within 10 days. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that HSBC Mortgage Corp. 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 October 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 October 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. Mr. Foot seconded the motion that unanimously passed. Case No. 10-2302 Christian & Missionary Vision 2923 S. Federal Highway John Herring, Code Compliance Officer, presented the case. The notice of violation was August 6, 2010. The case was heard on May 18, 2011 and no one appeared. The Respondent was ordered to correct the violations before June 17, 2011, or incur a fine of $100 per day. To-date, the violations were outstanding for 95 days. A representative from 2923 S. Federal Highway, Boynton Beach stated in 2010, there was a Code Compliance hearing for the case. They attempted to bring the structure up to Code except for three items. One item was the roof, which was done by a contractor, and they called the City to re-inspect. In order to comply with the landscaping violations, they needed the original plan, and when they approached the City, they did not have the 19 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 plan. The City recommended drawing the current landscaping plan and they will add or remove vegetation. He had not understood the Business Tax Receipt issue; however, Officer Herring explained the issue and he subsequently met with staff to obtain a Business Tax Receipt. Officer Herring put on record the violations were ongoing for a year and he had spoken with several individuals about what needed to be done. The parking lot was repaired of potholes and restriped, and the sewer line was capped. The outside electrical was repaired, as was the inside ventilation and electrical. They kept up efforts to remove the trash and debris. The church was licensed for 50 people but 200 people attend. Officer Herring visited the site with the building and fire inspectors and they only have to update the licensing. The reason why the case was heard was because they needed to keep in contact with City Forester, Kevin Hallahan, and they did not. Parking was accommodated using a county lot, but Officer Herring did not think they had a permission letter. Without the additional parcel, the church could not accommodate parking for its members. Jerry Water, President of The Water Group of Florida, Inc., 426 32nd Avenue, a design-build architectural, engineering, and construction organization that works exclusively with Churches for the last 40 years, was present. Mr. Water testified he spoke with Officer Herring in the past. The Church was of Haitian origin and he worked with them in 2009 and 2010. His firm was retained in 2009. They knew they had to accommodate the growth of their members with a larger sanctuary and parking. The ratio of parking to seats was 4-1. In 2009, the Waters Group provided a preliminary floor plan to accommodate 400 to 500 members for the sanctuary and a parking plan. They leased the property next door for additional parking to comply with City regulations. The permission letter and the documents would be given to the Business Tax Receipt office and that portion of the violation would comply. Once they contacted Mr. Hallahan, the landscaping portion would comply. It was important to close out the violations. In January 2010, they repaired the parking lot. Due to the earthquake in Haiti, the Pastor and many members of the church travelled to Haiti. The congregation sent money to Haiti and finances were difficult. They did all they could with the funds they had. The re-roof permit was obtained. The issue was the Respondent never contacted Officer Herring to advise him he was going to Haiti and the Respondent was advised to speak with Mr. Hallahan to develop a plan of action, which had not occurred. They were 90% finished. After discussion, it was decided the matter would be tabled to the October 19, 2011 meeting with the Respondent's understanding the fine was still accruing and it appeared the issue was lack of communication. Officer Herring strongly urged them to work with Mr. Hallahan. 20 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 Motion Mr. Foot 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. Case No. 11-1480 BAC Home Loans Servicing, LP 426 NE 25th Avenue Luney Guillaume, Code Compliance Officer, presented the case. The mortgage holder cited was BAC Home Loans Servicing. The notice of violation was June 17, 2011 for violations pertaining to trash and debris and mowing the overgrown yard. The case was heard July 20, 2011. Carol Trefry appeared. The Respondent was ordered to correct the violations by August 5, 2011, or incur a fine of $100 per day. The violations were outstanding for 46 days. Misty Sheets, Attorney with Marshall Watson, 1800 NW 49th Street, Suite 120, Ft. Lauderdale, stated the Certificate of Title was issued in July. She was unsure why the violations were not addressed. Her clients advised her they would try to correct the violations right away. It was explained that since the Respondent was given the opportunity to correct the violations, and they still exist, the Board would certify the fine. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated July 20, 2011, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case No. 11-755 Juan C. & Maria Sophia Miranda 1457 SW 25th Place C. Officer Melillo stated the case would be addressed later in the meeting. Case No. 11-1455 Bank of New York 2881 SE 2nd Street Officer Melillo stated this case complied. Motion Mr. Foot moved to remove the case from the agenda. Mr. Cole seconded the motion. It was clarified the case complied with no fine. 21 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 Vote The motion unanimously passed. Case No. 08-71 Neptune & Monique Ambroise 621 S. Seacrest Blvd. Officer Roy presented the case. The notice of violation was January 1, 2008. A Cease and Desist Order was issued on February 20, 2008. There was one occurrence on September 7,2011. Neptune Ambroise, 621 S. Seacrest, was present. He testified previously he was selling cars at the premises but he was no longer doing so. Lockness Favories, was present to translate. Mr. Ambroise was asked if he was aware he was in violation of a Cease and Desist Order dated February 21, 2008, by selling a car and each time he violates the Order, it would cost $500. Mr. Ambroise, through his translator, responded he was advised about it and never sold a car after that. Officer Roy had photographs he distributed to the Respondent and the Board. Mr. Ambroise stated he knew nothing about the photographs and that he used to sell only Toyotas, not Suzukis. There was discussion of how to know if a sale was occurring. Officer Roy did not witness any ongoing transactions that he was selling the cars. It was noted the photographs showed a bunch of cars being dropped off with no plates. Officer Roy testified the Respondent had done it in the past, but he never witnessed it. On September 7th, he happened to be driving by when he witnessed the cars being dropped off. Some cars had expired tags, others were from out of state, and some had no tags. Mr. Ambroise stated three vehicles belonged to his friend who was attending the University of Michigan. The friend asked Mr. Ambrois to drive the cars to the docks in West Palm Beach, to be shipped overseas. He had the paperwork for the vehicles, and the license for the person who owns the vehicles. Discussion followed a Cease and Desist Order prevents him from selling a vehicle. There is no witness to testify to a transaction. Additionally, he was not the owner of the vehicles and the vehicle was signed as an open title. When a vehicle is taken to the docks to be shipped, whoever owns the vehicle will issue the title and they are paid there, once the document is signed. There were still two vehicles remaining at the property. Mr. Foot suggested the City may have to expand their prosecution to include storage of vehicles that can be more readily proven than the sale of a car, and there was no proof 22 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 they violated the Order. Chair Costantino disagreed on the basis there was open title and one could easily make arrangements to bring a vehicle to a location to sell, provide them with a title, sell the car, transfer the title and leave. The transaction was suspect. Ms. Carroll commented the testimony is the transaction takes place when the vehicle is brought to the dock, and the title transferred. She felt it was in the spirit of the Cease and Desist Order, because the vehicles were being delivered to the property, and that it was a transaction. The vehicles could just as easily been delivered to the dock. When there is an open title, it is given with the intention to sell the vehicle. There were no dates on the titles and one document was not notarized. Once title was transferred, it must be registered within 10 days. Mr. Ambroise commented the last time Officer Roy came to his home and indicated he was selling cars, he was out of the country for six months. Ms. Carroll commented, as the owner of the property, he was responsible if other people were selling cars from his property. He was noticed on more than one occasion to stop selling cars and stop storing unregistered, uninsured vehicles on his property. There were many cases before the Board regarding unregistered and uninsured cars in violation of the Code. The spirit of the Order was to put an end to all of it. Lengthy discussion followed whether the Board could enforce the Order based on the spirit of the Order or whether proof was needed. Additionally, the elements of the sale were absent and the Cease and Desist Order only covered the sale. Residents could sell their own personal vehicle, but there had been cars at the premises with a For Sale sign in the past. Vehicles were transported and delivered to the property. The members debated the Order pertained to the sale, and nothing else. The Board opted to recess to allow Attorney Bridgeman to research the matter. The Board recessed at 9:17 p.m. and reconvened at 9:28 p.m. Attorney Bridgeman recommended tabling the case to the next meeting to obtain additional information. The Board could not enter another Cease and Desist Order for storage without proper notice. Chair Costantino did not believe one could not ship a car to another country without the vehicle being titled in the name of the shipper. Attorney Bridgeman commented it was contingent on what selling means. Brief discussion followed about intent and if the Order covers the sale and the intent. Attorney Bridgeman responded it depends on the language of the violation, and she had to research it. 23 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 Motion Mr. Foot 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. Case No. 11-1169 Property Address: Violation( s): Janet R. Tallman 223 SE 1 st Circle CO CH13 SEC. 13-16 Business Tax Receipt required to rent residence. Officer Herring presented the case as stated in the notice of violation. Staff recommended 30 days be given to correct the violation, as there were some technical difficulties with the Respondent being out of town. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Janet R. Tallman 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 October 21, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past October 21, 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. 11-1405 Federal National Mortgage Assoc (124 SE 10th Ave.) 124 SE 10th Avenue BBA FBC '07 ED. 105.1 Obtain permit for air conditioning system, water heater and windows as noted on Red Tag. Property Address: Violation( s): 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, Ms. Carroll moved that this Board find that Federal National Mortgage Association is in violation of the City of Boynton Beach Code section cited and moved to Order that the 24 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 Respondent correct the violation on or before October 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 $100 per day for each day the violation continues past October 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. Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 11-1620 Property Address: Violation(s): Michael Ryan Brown 543 SE 27th Way CO CH13 SEC. 13-16 Business Tax Receipt required to rent residence. Officer Herring presented the case as contained in the notice of violation. Staff recommended 30 days be given to correct the violation due to the fact the property is in Bankruptcy and the Respondent had no proof that he owned the property. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Michael Ryan Brown 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 October 21, 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 October 21, 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. 11-2004 Property Address: Violation(s): Hidden Brook Corp. 601 S. Federal Highway CO CH10 SEC 10-56 (B) (G) Mow, weed and trim property, remove trash and debris and dead palm tree. Officer Herring presented the case as contained in the notice of violation. Staff recommended 15 days be given to correct the violations. 25 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Hidden Brook Corp. is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before October 6, 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 October 6, 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. 11-2114 Flagship First Nat'l Bank (315 S. Federal Hwy.) 315 S. Federal Highway CO CH10 SEC. 10-56(B) (G) Mow, weed and trim property. Remove trash and debris. Property Address: Violation( s): Officer Herring presented the case as contained in the notice of violation. Staff recommended 30 days be given to correct the violations. The tenants were not aware the parcel was their responsibility; however, Officer Herring had spoke with them and they were aware they needed to address the items. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Flagship First National Bank 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 October 21, 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 October 21, 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. 11-123 Property Address: Violation(s): New Haitian Alliance Church 400 Hoadley Road LDR CH4 SEC 11 Site plan maintenance required. 26 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 Officer Pierre presented the case as contained in the notice of violation. Staff recommended 15 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 New Haitian Alliance Church 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 October 6, 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 October 6, 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. 11-2044 Property Address: Violation(s): Boynton Development Association 1500 Gateway Boulevard, No. 110 CO CH13 SEC. 13-16 Business Tax Receipt required to operate business. Officer Pierre presented the case as contained in the notice of violation. Staff 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 Boynton Development Association 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 October 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 $100 per day for each day the violation continues past October 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. Ms. Carroll seconded the motion that unanimously passed. It was clarified this Order pertained to both the owner, Boynton Development Association and associated parties, (Carl E. Klepper, Jr. and Taylor Smith) and the tenant, Caliente Kitchen. It was also clarified it was not necessary to have two orders. 27 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 Case No. 11-2045 Property Address: Violation( s): Georges Joseph 7205 Chesapeake Circle CO CH10 SEC. 10-56(C) Maintain pool in sanitary condition. Officer Pierre presented the case as contained in the notice of violation. Staff 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 Georges Joseph 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 October 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 $250 per day for each day the violation continues past October 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. Ms. Carroll seconded the motion that unanimously passed. Case No. 11-2139 Wachovia Bank National Assoc. (3111 N. Evergreen Circle) 3111 N. Evergreen Circle CO CH10 SEC 10-51.5 Inc. Property that is vacant or subject to default must be registered with the City and maintained per City Code. Property Address: Violation( s): Officer Pierre presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Wachovia Bank National Association 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 October 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 October 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 28 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case No. 11-2140 Property Address: Violation( s): Citimortgage (813 NW 5th Avenue) 813 NW 5th Avenue CO CH10 SEC. 10-51.5 Inc. Property that is vacant or subject to default must be registered with the City and maintained per City Code. Mow overgrown yard areas. Clean pool. Officer Pierre presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Citimortgage 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 October 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 $250 per day for each day the violation continues past October 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. Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 11-2120 Property Address: Violation(s): Ying Sem Po Trust 120 NW 5th Avenue C H4 Sec. 4-4, 4-36, 4-37 Must provide sanitary living environment free of feces/odors. Each dog must have current tag and registration with Palm Beach County. Dogs must be vaccinated for rabies and proof of rabies vaccinations must be submitted. Liz Roehrich, Animal Control Supervisor, presented the case as stated in the notice of violation. Staff recommended a Cease and Desist Order be issued. The case originated with the owner being bitten by the tenant's dog. She did not know how many dogs were in the backyard. The owner and tenant had been given plenty of time to correct the violations, and presently, they do not cooperate. 29 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 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 Ying Sem Po Trust until October September 22, 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 occurrence of the violation thereafter shall be imposed upon the Respondents. Vice Chair Yerzy seconded the motion that passed unanimously. It was clarified the correct date was September 22, 2011, and there were no objections to changing the compliance date to reflect such. Case No. 11 -1929 Boynton Shoppes Acquisition — Ale House Property Address: 2212 N. Congress Avenue Violation(s): CO CH2.5 Sec 2.5 -12 + 13 Excess false alarms & service fee. Deanna Richardson, Administrative Associate, presented the case as contained in the notice of violation. The Respondent was a repeat violator. Staff recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Boynton Shoppes Acquisition- Ale House 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 October 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 $250 per day for each day the violation continues past October 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. Vice Chair Yerzy seconded the motion. It was explained this was for non - payment of a false alarm fine. There had been a prior arrangement with them to catch up on a prior fine, which they did. This was for another fine. The Respondent was trying to have the fines waived, but the fees could not be waived. Vote The motion unanimously passed. 30 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 Case No. 11-1944 Property Address: Violation(s): 1865 Woolbright Road, LLC - Americare Rx 1865 W. Woolbright Road CO CH2.5 See 2.5-12 + 13 Excess false alarms & service fee. Ms. Richardson presented the case as contained in the notice of violation. The Respondent was a repeat violator. Staff 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 1865 Woolbright Road, LLC - Americare Rx 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 October 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 $250 per day for each day the violation continues past October 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. Ms. Carroll seconded the motion that unanimously passed. Case No. 11-1925 Property Address: Violation(s): Marva Campbell 2101 N. Seacrest Boulevard CO CH15 SEC 15-120(D) Inc. Mow property, trim hedges, remove trash and debris. Officer Cain presented the case as contained in the notice of violation. Staff 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 Marva Campbell 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 October 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 $100 per day for each day the violation continues past October 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. Ms. Carroll seconded the motion that unanimously passed. 31 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 Case No. 11-2050 Address: Violation: Barry & Bridget Gertz 615 NE 9th Avenue CO CH13 SEC. 13-16 Business Tax Receipt required for Ocean Ridge Pet Services. Officer Cain presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Barry & Bridget Gertz 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 October 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 October 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. Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 11-2060 Property Address: Violation(s): Jerome & Carrie Harvey 211 NE 19th Avenue BBA FBC '07 ED 105.1 Permit required to re-roof property. Permit expired. Officer Cain presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Jerome & Carrie Harvey 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 October 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 October 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. Vice Chair Yerzy seconded the motion that unanimously passed 32 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 Case No. 11-2124 Property Address: Violation(s): Amerigas Propane 711 N. Federal Highway CO CH15 SEC 15-120(D) Inc. Mow weeds and maintain property. Trim hedges, remove trash and debris. Officer Cain presented the case as contained in the notice of violation. Staff 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 Amerigas Propane 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 October 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 October 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. Ms. Carroll seconded the motion that unanimously passed. Case No. 11-2130 Property Address: Violation(s): Abel Edouard 428 NE 14th Avenue CO CH15 SEC 15-120(D) Inc. Mow and maintain property. Remove trash and debris. Remove or repair fence. Officer Cain presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Abel Edouard 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 October 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 $100 per day for each day the violation continues past October 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. Mr. Foot seconded the motion that unanimously passed. 33 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 Case No. 11-1736 Property Address: Violation( s): ILU Properties LLC 2941 Ocean Parkway CO CH13 SEC 13-18 CO CH10 SEC. 10-56 (C) Business Tax Receipt required for rental property. Maintain pool in clean and sanitary condition. Officer Guillaume 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 that ILU Properties LLC is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before October 1, 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 October 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. Vice Chair Yerzy seconded the motion that unanimously passed Case No. 11-1829 Property Address: Violation( s): AmTrust Bank (3220 E. Palm Drive) 3220 E. Palm Drive CO CH1 0 SEC 10-51.5 Inc. Property that is vacant or subject to default must be registered with the City and maintained per City Code. Mow overgrown yard areas. Officer Guillaume presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that AmTrust Bank 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 October 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 October 34 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 1 J 2011, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that unanimously passed. Case No. 11-1835 Deutsche Bank Nat'l Trust Co. (3197 E. Palm Drive) 3197 E. Palm Drive CO CH10 SEC 10-51.5 Inc. Property that is vacant or subject to default must be registered with the City and maintained per City Code. Mow overgrown yard areas and trim overgrown vegetation. Property Address: Violation( s): Officer Guillaume presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Deutsche Bank National Trust Co. 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 October 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 October 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. Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 11-1122 Property Address: Violation(s): Lucille M. & Jon M. Pealy 1803 SW 22nd Avenue CO CH15 SEC 15-120(D) INC. Repair roof tiles or replace roof. Trim overgrown bushes. Remove debris from yard. Officer Lewis presented the case as contained in the notice of violation. Staff 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 Lucille M. & Jon M. Pealy are in violation of the 35 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 City of Boynton Beach Code section cited and moved to Order that the Respondents correct the violation on or before October 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 October 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. Ms. Carroll seconded the motion that unanimously passed. Case No. 11-1834 Bank of New York Trust (1086 SW 27th Avenue) 1086 SW 27th Avenue CO CH10 SEC. 10-51.5INC Property that is vacant or subject to default must be registered with the City and maintained per City Code. Mow and trim overgrown yard. Install house numbers on the building visible from street. Property Address: Violation(s): Officer Lewis presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that the Bank of New York Trust 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 October 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 $200 per day for each day the violation continues past October 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. Vice Chair Yerzy seconded the motion that passed 5-1, (Ms. Carroll dissenting). Case No. 11-1904 Property Address: Violation(s): Juan C & Maria Sophia Miranda 1457 SW 25th Place, Unit C CO CH10 SEC 10-3 BBA FBC '07 ED. 105.1 CO CH10 SEC 10-56 (B) (D) Secure a building permit for roof installation in progress. Remove loose tiles from exterior of 36 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 the property and building. Remove 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. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find Juan C & Maria Sophia Miranda 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 October 21, 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 October 21, 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. 11-1948 Greenpoint Mortgage Funding (2580 SW 10th Circle) 2580 SW 10th Circle CO CH10 SEC. 10-51.5 INC. Property that is vacant or subject to a current notice of default must be registered with the City and maintained per City Code. Repair or replace garage door. Secure structure from entry. Mow and trim overgrown yard, bushes, and remove any trash and debris. Property Address: Violation(s): Officer Lewis presented the case as contained in the notice of violation. Staff recommended 15 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 Greenport Mortgage Funding 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 October 6, 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 $300 per day for each day the violation continues past October 6, 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 37 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case No. 11-1424 J.P. Morgan Chase Bank NA (3805 S. Lake Drive) 3805 S. Lake Drive BBA FBC '05 105.1.1. Obtain permits for porch enclosure, new windows and electric as stated on red tag. Property Address: Violation( s): Officer Melillo presented the case as contained in the notice of violation. He stated the Respondents were given a lot of time to correct the violation and had previously received an extension. 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 J.P. Morgan Chase Bank NA 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 October 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 $250 per day for each day the violation continues past October 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. Ms. Carroll seconded the motion that unanimously passed. Case No. 11-1773 Property Address: Violation( s): Katie's Kids Learning Center 2895 SE 2nd Street CO CH15 SEC. 15-120(D) INC. Mow grass and weeds. Officer Melillo presented the case as contained in the notice of violation. He stated the property is in Bankruptcy. The premises were pillaged and the grass was very high. Staff recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Katie's Kids Learning Center 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 October 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, 38 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 a fine in the amount of $250 per day for each day the violation continues past October 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. Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 11-1872 Address: Violations: Velande Jean-Pierre & Marjorie Brizeus 232 SW 14th Avenue CO CH13 SEC 13-16 Business Tax Receipt required to rent unit. Officer Roy presented the case as contained in the notice of violation. Staff 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 Velande Jean-Pierre & Marjorie Brizeus 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 October 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 $150 per day for each day the violation continues past October 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. Ms. Carroll seconded the motion that unanimously passed. Case No. 11-1997 Address: Violations: David Bird & Marie Williams 420 SW 7th Avenue CO CH15 SEC 15-120(D) INC. CO CH10 SEC 10-56(A) (B) (C) Mow, weed and trim overgrowth. Clean and maintain pool per City ordinance. Officer Roy presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. The Respondents were repeat violators. The pool was secure. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that David Bird & Marie Williams 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 October 1, 2011. The Board has considered the gravity of the 39 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 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 $300 per day for each day the violations continue past October 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. Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 11-2048 Property Address: Violation(s): Enise Valiere 416 SW 4th Avenue CO CH13 SEC. 13-16 Business tax receipt required to rent unit. Officer Roy presented the case as contained in the notice of violation. Staff 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 Enise Valiere 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 October 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 October 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. Ms. Carroll seconded the motion that unanimously passed. Case No. 11-1809 Property Address: Violation (s ): Targon IV LLC 534 NW 5th Street CO CH15 SEC. 15-120(D) INC. Vacant property must be properly maintained. Officer Cain presented the case as contained in the notice of violation. Staff recommended 10 days be given for compliance. Brief discussion followed that the violation was very broad. The property needed to be mowed and the Respondent was a repeat violator. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Targon IV LLC is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the 40 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 violation on or before October 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 $200 per day for each day the violation continues past October 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. Ms. Carroll seconded the motion that unanimously passed. Case No. 11-1989 Emigrant Mortgage Company Inc (611 NE 10th Avenue) 611 NE 10th Avenue CO CH10 SEC 10-24 (A) (1) CO CH 15 SEC 15-120(D) INC. Vacant property must be kept mowed, trimmed and free of trash and debris. Address: Violation(s) Officer Cain 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 Emigrant Mortgage Company Inc. is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before October 1, 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 October 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. Ms. Carroll seconded the motion that unanimously passed. Officer Pierre recommended the following cases be certified at $100 per day: Case No. 11-1196 Greenpoint Mortgage Funding Inc. 602 NW 24th Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated July 20, 2011, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until 41 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case No. 11-1271 u.s. Bank Nat'l Assoc. TRS 60 Bay tree Lane Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated July 20, 2011, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case No. 11-1340 Raymond & Linda Avallone 3220 SE 2nd Street Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondents have not complied with this Board's Order dated July 20, 2011, and having considered the gravity of the violation, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed Officer Pierre recommended the following cases be certified at $150 per day: Case No. 11-1172 Mark Veen & Margaret Turner 115 SE 14th Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondents have not complied with this Board's Order dated July 20, 2011, and having considered the gravity of the violations, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $150 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. 42 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 Case No. 11-242 National Land Title Company Inc. 12807 Lake Drive Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated August 17, 2011, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $150 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Officer Pierre recommended the following cases be certified at $200 per day: Case No. 11-755 Motion Juan C. & Maria Sophia Miranda 1457 SW 25th Place, C. Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondents have not complied with this Board's Order dated July 20, 2011, and having considered the gravity of the violation, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $200 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 11-1117 Jean-Alix & Santa Dalexis & Nicolas Jean-Louis 465 W. Ocean Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondents have not complied with this Board's Order dated July 20, 2011, and having considered the gravity of the violations, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $200 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 11-1585 Michael Alexander & Sabrina Diotte 501 W. Ocean Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondents have not complied with this 43 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 Board's Order dated July 20, 2011, and having considered the gravity of the violations, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $200 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Vice Chair Yerzy seconded the motion that unanimously passed. Officer Pierre recommended the following cases be certified at $250 per day: Case No. 11-890 Bank of New York Mellon Trust 2100 N Seacrest Blvd. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated July 20, 2011, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $250 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case No. 11-1353 Guy Estella 1515 N. Seacfest Blvd. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated July 20, 2011, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $250 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Officer Pierre recommended the following cases be certified at $500 per day: Case No. 11-1111 Michael C. Desimone 518 W. Ocean Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated July 20, 2011, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $500 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. 44 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 Case No. 11-1056 HSBC Bank 2701 SW 6th Street Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated July 20, 2011, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $500 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Officer Pierre recommended the following case be certified at $1,000 per day: Case No. 11-1253 Jerome & Colette Burgess 634 SW 4th Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondents have not complied with this Board's Order dated July 20, 2011, and having considered the gravity of the violation, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $1,000 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Vice Chair Yerzy seconded the motion that unanimously passed. Officer Pierre recommended the following case be certified at zero dollars or "No Fine": Case No. 11-770 Jean & Marie Bobo 2212 SE 3rd Street Motion Based on testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondents, Jean & Marie Bobo, were in violation of the City of Boynton Beach Code sections as cited subsequent to the date of compliance specified in the Board's Order of June 15, 2011, and in consideration of the gravity of the violations and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents, that this Board impose and certify "No Fine." Vice Chair Yerzy seconded the motion that unanimously passed. 45 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 Case No. 11-253 Michael & Jana Wood 803 NW 11 th Street Motion Based on testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondents, Michael & Jana Wood, 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 March 16, 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." Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 11-1048 Deutsche Bank Nat'l Trust 61 Vista Del Rio Motion Based on testimony and evidence presented in the aforementioned case, Ms Carroll moved that this Board find that the Respondent, Deutsche Bank National Trust, 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 July 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." Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 11-1254 Wells Fargo Bank 902 NE 8th Avenue Motion Based on testimony and evidence presented in the aforementioned case, Ms Carroll moved that this Board find that the Respondent, Wells Fargo Bank, was in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Order of July 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." Vice Chair Yerzy seconded the motion that unanimously passed Case No. 11-993 Boynton JCP Associates - KIWI 801 N. Congress Ave. #613 Motion Based on testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent, Boynton JCP Associates, was in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Order of June 15, 2011, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation 46 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 and the previous violations of the Respondent, that this Board impose and certify "No Fine." Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 11-1494 Brian & Jacqueline Fitzpatrick 526 NW 12th Avenue Motion Based on testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondents, Brian & Jacqueline Fitzpatrick, 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 August 11, 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." Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 11-1512 Chackman Motels Inc. 706 S. Boynton Beach Blvd., #111 Buy/Rent Realty BB Motion Based on testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent, Chackman Motels Inc., was in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Order of August 17, 2011, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify "No Fine." Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 11-1543 RFK Ent of Boynton Beach, Inc. 1610 S. Congress Avenue McDonalds Motion Based on testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent, RFK Ent of Boynton Beach, Inc., was in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Order of August 17, 2011, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify "No Fine." Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 11-1555 High Ridge Properties Boynton Medical Health 640 E. Ocean Avenue, #18 47 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 Motion Based on testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent, High Ridge Properties, 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 August 17, 2011, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify "No Fine." Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 11-1188 IberiaBank 2320 NW 2nd Street Motion Based on testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent, IberiaBank, 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 July 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." Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 11-1612 Mikerline Julien 121 SE 28th Court Motion Based on testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent, Mikerline Julien, 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 August 17, 2011, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify "No Fine." Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 11-1250 Marcellus Jean Francois 238 SW 5th Avenue Motion Based on testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent, Marcellus Jean Francois, 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 July 20, 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." Vice Chair Yerzy seconded the motion that unanimously passed. 48 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 Case No. 11-1370 Bank of America 346 SW 8th Avenue Motion Based on testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent, Bank of America, 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 July 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." Vice Chair Yerzy seconded the motion that unanimously passed. Case No 11-1241 Sally M. Lowe 213 NE 6th Avenue Motion Based on testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent, Sally M. Lowe, 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 July 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." Vice Chair Yerzy seconded the motion that unanimously passed. Officer Pierre recommended the following case be tabled to January 18, 2012: Case No. 08-3379 Forum Shoppes of Boynton LLC 140 N. Congress Avenue Motion Vice Chair Yerzy moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on January 18, 2012. Ms. Carroll seconded the motion that unanimously passed. Officer Pierre recommended the following case be certified at $100 per day: Case No. 11-1533 Annette Brown 180 NE 17th Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated August 17, 2011, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until 49 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Vice Chair Yerzy seconded the motion that unanimously passed. Adjournment There being no further business to discuss, Vice Chair Yerzy moved to adjourn. Mr. Foot seconded the motion that unanimously passed. The meeting adjourned at 10:01 p.m. /t ,', I ") J U1J:llt'J/'({l Ct-0uJL- Catherine Cherry 0 Recording Secretary 092211 50