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."
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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.
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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.
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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.
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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.
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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
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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.
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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).
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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.
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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
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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
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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.
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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.
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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
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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).
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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
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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
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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
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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
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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.
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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.
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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
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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.
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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
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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
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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.
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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
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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
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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
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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
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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,
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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
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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
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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
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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.
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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
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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.
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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.
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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
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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
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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.
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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
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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.
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Catherine Cherry 0
Recording Secretary
092211
50