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Minutes 10-19-11 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, OCTOBER 19, 2011, AT 6:30 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Shana Bridgeman, Assistant City Attorney Richard Yerzy, Vice Chair Diane Springer, Code Compliance Coordinator Aimond Alexis Kathleen Carroll Gary Cole Robert Foot RoseMarie Yerzy Robert Bucella, Alt I. Call to Order The meeting was called to order at 6:30 p.m. II. Approval of August 17, 2011 Minutes Motion Mr. Foot moved to approve the minutes. The motion was seconded by Ms. Carroll and unanimously passed. III. Approval of Agenda John Herring, Code Compliance Officer requested the following cases be tabled: Case #08 -2511 should be tabled until January 18, 2012. Motion Mr. Foot moved that the aforementioned case be tabled to January 18, 2012. The motion was seconded by Vice Chair Yerzy and unanimously passed. Case #09 -3194 should be tabled until November 16, 2011. Motion Mr. Foot moved that the aforementioned case be tabled to November 16, 2011. The motion was seconded by Ms. Carroll and unanimously passed. Meeting Minutes Code Compliance Board Boynton Beach, FL October 19, 2011 Case #11 -2252 has complied. Case #11 -2498 has complied. Case #11 -2408 has complied. Case #11 -2306 has complied. Case #11 -2335 has complied. Motion Vice Chair Yerzy moved to accept the agenda as amended. The motion was seconded by Ms Carroll and unanimously passed. IV. Swearing in of Witnesses and Introduction Attorney Bridgeman explained the hearing procedures and administered an oath to all who would be testifying. V. New Business Officer Herring called the roll and determined who was present. Case No. 11 -2365 Gemini Boynton Beach 1 -16 LLC Property Address: 2290 Congress Avenue Violation(s): LDR CH21 Sec. 5. Stop placing illegal signs on the right of way Remove all signs from the swale Vestiguerne Pierre, Senior Code Compliance Officer presented the case as contained in the notice of violation. Susan Bertoskis, 2290 N. Congress Avenue, which is the address of L.A. Fitness, pled guilty. She advised that there were signs out but she was not aware that she was responsible for them as an Operations Manager. The signs have been removed. Officer Pierre requested a Cease and Desist. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that a Cease and Desist Order be issued giving Gemini Boynton Beach 1 -16 LLC until October 29, 2011 to bring the violation of the City of Boynton Beach Code Section as cited into compliance. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by the Respondents, and hereby orders that a fine in the amount of $500 per reoccurrence of 2 Meeting Minutes Code Compliance Board Boynton Beach, FL October 19, 2011 the violation thereafter shall be imposed upon the Respondent. Mr. Foot seconded the motion with discussion. Mr. Foot inquired as to the amount of $500 being imposed for a reoccurrence and Ms. Carroll suggested it would be encouragement not to repeat the violation. The motion passed unanimously. Case No. 11 -2458 Brian McGoldrick Property Address: 1023 NW 6 Avenue Violation(s): CO CH10 SEC. 10 -56 (C) Maintain pool in clean and sanitary condition. Officer Pierre presented the case as contained in the notice of violation. The Respondent was present. Brian McGoldrick, 1023 NW 6 Avenue, was not sure how to plea. He advised he did not know about the violation until after the summons to appear was issued and claimed he never received a notice on the violation. When he received the summons, there was no water in the pool, just dirt and sand in the bottom, which had been cleaned out. Office Pierre advised this was a complaint from Mr. McGoldrick's neighbor. Every time it rained, there would be water and then it would become green. A letter was sent and the pool was drained, but the pump was not working so each time it rained, the same situation occurred. Mr. McGoldrick inquired whether there was anything that prevented him from filling the pool in with dirt, which would entail cracking the bottom of the pool and the gunite and filling the pool in. He advised the pump he currently has was out of production for the last few years. Chair Costantino advised he check with the Building Department first to determine whether a permit would be required. There was discussion and consensus to provide Mr. McGoldrick 30 days to speak with the Building Department to determine the best course of action. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Brian McGoldrick 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 18, 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, 3 Meeting Minutes Code Compliance Board Boynton Beach, FL October 19, 2011 a fine in the amount of $100 per day for each day the violation continues past November 18, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. The motion was seconded by Vice Chair Yerzy and passed 6 -1 (Mr. Foot dissenting). Case No. 11 -1335 Deutsche Bank Nat'l Trust Co. Property Address: 1144 SW 27 Place Violation(s): CO CH10 SEC. 10 -51.5 INC Maintain vacant property Skip Lewis, Senior Code Compliance Office,r presented the case as contained in the notice of violation. He advised the only thing left were the exterior walls of the building that needed to be repaired, and the siding replaced. Adam Malley, 2424 N. Federal Highway, Boca Raton, advised he was an attorney representing Deutsche Bank in the foreclosure action. He advised his client does not actually own the property yet. The current owners had threatened several times that if the Bank representatives set foot on the property, they would contact the police. They have do not disturb and do not set foot on property signs posted. A motion had been filed with the Court to allow them to enter the property to remedy the violations. He advised Deutsche Bank was interested in making all the property up to code and are currently waiting on a hearing date from the court so that a court order could be obtained to enter the property. He would like a small extension to allow the hearing to take place. A court date had not been assigned yet, but he advised it should be within the next 30 days. Chair Costantino reminded Attorney Malley that there was a $250.00 per day fine running and had been running for 29 days, plus $634.12 in administrative fees. Motion Mr. Foot moved that this case be tabled until the Code Compliance Board meeting to be held on December 21, 2011. The motion was seconded by Vice Chair Yerzy and unanimously passed. Case No. 11 -1950 Tyra L. Brown Property Address: 322 NE 11 Avenue Violation(s): CO CH15 SEC. 15- 120(D) INC Repair or remove fence Officer Pierre presented the case as contained in the notice of violation The Respondent was present. 4 Meeting Minutes Code Compliance Board Boynton Beach, FL October 19, 2011 Dawanna Foster Brown, 322 NE 11 Avenue, mother of Tyra Brown pled not guilty. She advised the issue was being worked on and indicated it had been an ongoing issue. The house was located next to an apartment complex and as different tenants move in and out, the issue arose. It began with the storm and the trees fell on the fence on the apartment complex side. The owner indicated he would fix it. Years went on and the fix did not happen. Another tenant moved in and caved in the front part of the fence that was between the home and the apartment complex. Months later, a van backed into the main pole of the fence that was also in between the home and apartment complex. The owner indicated once again he would fix it and did not. Currently, the entire side is damaged. The back was finally completed but it remains an ongoing issue. She advised she had spoken with the owner of the apartment complex and he told her to pay him $125.00 and he would take care of it. She felt it was his responsibility to make sure his tenants were responsible for the damage they cause to her property. Chair Costantino indicated that although she understood the frustration of the homeowner, the fence would have to be fixed or removed. Ms. Brown requested 60 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Tyra Brown is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before December 18, 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 December 18, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. The motion was seconded by Mr. Alexis and unanimously passed. Case No. 11 -2470 Gerald Fasolo Property Address: 1503 NE 4 CT Violation(s): CO CH10 SEC. 10 -59 (E) CO CH10 SEC. 10 -58 (D) CO CH10 SEC. 10 -56 (E) Repair plumbing and fixtures; Repair all loose wires; Repair holes in walls and ceiling; Remove all trash and debris; All require permits 5 Meeting Minutes Code Compliance Board Boynton Beach, FL October 19, 2011 Officer Pierre presented the case as contained in the notice of violation. The Respondent was present. Gerald Fasolo, 1503 NE 4 Court, pled guilty. He advised that he had a friend that was a licensed electrician working on the issues. Mr. Fasolo advised that he was currently unemployed and homeless. He and his friend are going to swap work; he would do yard work for his friend, while his friend performs the work on the house. The first person he had to perform the work advised him he was licensed, but he was not. He was advised that all the work would be completed within 30 days, including the City's final inspection. He requested the Board grant him a month to come into compliance. He advised the plumbing was an issue when feces were backing up through the toilet overflowing into the house. The City assisted him in clean up, but he was advised to get a "clean out ", but did not advise him he needed a permit for that. He just wanted to stop the situation from occurring and was told after the work was completed that he was supposed to obtain a permit and now he felt he was being punished for that. He also mentioned that the City, being closed on Fridays, punishes residents because after Thursday, if things are not done, a resident loses many days out of a month to not be able to do business with the City. Chair Costantino suggested Mr. Fasolo take that issue up with the City Commission. Mr. Foot inquired of Officer Pierre whether there were safety issues in regard to the electrical problems. Officer Pierre indicated the wiring was bad, but since the meters were removed, and no one was living in the house, there would not be a safety issue. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Alexis moved that this Board find that Gerald Fasolo is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before December 3, 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 December 3, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. The motion was seconded by Vice Chair Yerzy and unanimously passed. 6 Meeting Minutes Code Compliance Board Boynton Beach, FL October 19, 2011 Case No. 11 -1030 Brian and Sheri E. Weinman Property Address: 1009 NW 8 Street Violation(s): CO CH13 SEC. 13 -16 CO CH15 SEC. 15- 120(D) INC Obtain business tax receipt Mow and trim yard Officer Pierre presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Brian and Sheri E. Weinman of Boynton Beach, Inc. are in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondents correct the violation on or before October 29, 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 29, 2011 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. The motion was seconded by Vice Chair Yerzy and unanimously passed. Case No. 11 -2148 Wachovia Bank Nat'I Assoc Property Address: 1095 NW 10 Street Violation(s): CO CH10 SEC. 10 -51.5 INC Property must be registered Officer Pierre presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Alexis moved that this Board find that Wachovia Bank Nat'I Assoc is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before October 29, 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 29, 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 7 Meeting Minutes Code Compliance Board Boynton Beach, FL October 19, 2011 re- inspection of the property to verify compliance with this Order. The motion was seconded by Ms. Carroll and unanimously passed. Case No. 11 -2149 Bank of New York Mellon Property Address: 57 Baytree Circle Violation(s): CO CH10 SEC. 10 -51.5 INC Trim all hedges, remove trash and debris from property, secure and register property. Officer Pierre presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Bank of New York Mellon is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before October 29, 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 29, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. The motion was seconded by Ms. Carroll and unanimously passed. Case No. 11 -922 Thelmar and Jessie Patterson Property Address: 526 NW 1 1 th Avenue Violation(s): CO CH10 SEC. 10 -56 (A, B, D, E, H) CO CH10 SEC. 10 -58 (C) Provide a healthy and properly maintained place for tenant to live Officer Pierre presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Thelmar and Jessie Patterson are in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondents correct the violation on or before October 29, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondents and any 8 Meeting Minutes Code Compliance Board Boynton Beach, FL October 19, 2011 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 violation continues past October 29, 2011 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. The motion was seconded by Vice Chair Yerzy and unanimously passed. Case No. 11 -1911 Felix and Stella Gazul Property Address: 714 Presidential Drive Violation(s): CO CH13 SEC. 13 -16 Renting unit without Business Tax Receipt Officer Pierre presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Alexis moved that this Board find that Felix and Stella Gazul are in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondents correct the violation on or before October 29, 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 29, 2011 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. The motion was seconded by Ms. Carroll and unanimously passed. Case No. 11 -2117 Haibin Zheng Property Address: 204 NE 12 Avenue Violation(s): CO CH15 SEC. 15 -120 (D) 1 INC CO CH 10 SEC. 10 -56 (A, D) Mow overgrown yard Remove all trash and debris and secure property Officer Pierre presented the case as contained in the notice of violation. Staff recommended 10 days to comply. 9 Meeting Minutes Code Compliance Board Boynton Beach, FL October 19, 2011 Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Haibin Zheng is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before October 29, 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 Asst 27, October 29, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. The motion was seconded by Ms. Carroll and passed 6 -1. (Mr. Foot dissenting). Case No. 11 -2169 Kenneth Schweitzer Property Address: 302 NE 2 Street Violation(s): CO CH15 SEC. 15 -120 (D) 1 INC CP CH10 SEC. 10 -2 Trim Florida holly or remove it Maintain property Officer Pierre presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Alexis moved that this Board find that Kenneth Schweitzer is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before October 29, 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 29, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. The motion was seconded by Ms. Carroll and unanimously passed. Case No. 11 -2183 Eric B. Gross Property Address: 324 NE 12 Avenue Violation(s): CO CH10 SEC. 10 -56 (B, C) Mow and trim all overgrowth Remove all trash and debris and secure property 10 Meeting Minutes Code Compliance Board Boynton Beach, FL October 19, 2011 Officer Guillaume presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Eric B. Gross is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before October 29, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $500 per day for each day the violation continues past October 29, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. The motion was seconded by Mr. Foot and unanimously passed. Case No. 11 -2198 Florence M. Keen Property Address: 415 S. Circle Violation(s): CO CH15 SEC. 15 -120 (D) INC Mow overgrown yard and keep maintained Officer Pierre presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Florence M. Keen is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before October 29, 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 29, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. The motion was seconded by Vice Chair Yerzy and unanimously passed. 11 Meeting Minutes Code Compliance Board Boynton Beach, FL October 19, 2011 Case No. 11 -1947 Mark A. and Kimberly T. Bavosa Property Address: 744 NE 12 Terr #5 Violation(s): CO CH2.5 SEC. 2.5 -12 +13 Excess False Alarms & Sry Fee Deanna Richardson, Administrative Associate, presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Mark A. and Kimberly T. Bavosa are in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondents correct the violation on or before October 29, 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 29, 2011 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. The motion was seconded by Mr. Alexis and unanimously passed. Case No. 11 -2407 1865 Woolbright Road, LLC (Blessed Cleaners) Property Address: 1869 W. Woolbright Road Violation(s): CO CH9 SEC. 9 -22 (C) Fire inspection annual fees Deanna Richardson presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Blessed Cleaners is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before October 29, 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 29, 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 12 Meeting Minutes Code Compliance Board Boynton Beach, FL October 19, 2011 re- inspection of the property to verify compliance with this Order. The motion was seconded by Ms. Carroll and unanimously passed. Case No. 11 -2410 1865 Woolbright Road, LLC (Torchios Finer Meats) Property Address: 1877 W. Woolbright Road Violation(s): CO CH9 SEC. 9 -22 (C) Fire inspection annual fees Deanna Richardson presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Torchios Finer Meats is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before October 29, 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 29, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. The motion was seconded by Ms. Carroll and unanimously passed. Case No. 11 -1631 Jane Archer Property Address: 3031 E. Palm Drive Violation(s): CO CH15 SEC. 15 -120 INC Remove unlicensed and inoperable vehicle from property. Chair Costantino requested to be excused off this case as she had personal family connections. She passed the gavel to Vice Chair Yerzy. Luney Guillaume, Code Compliance Officer, presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Alexis moved that this Board find that Jane Archer is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before October 29, 2011. The Board has considered the gravity of the violation, the 13 Meeting Minutes Code Compliance Board Boynton Beach, FL October 19, 2011 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 29, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. The motion was seconded by Ms. Carroll and passed 6 -0, Chair Costantino abstaining. Case No. 11 -2163 Wells Fargo Bank Minnesota Property Address: 330 NE 26 Avenue #115 Violation(s): CO CH10 SEC. 10 -51.5 INC Property must be registered and maintained. Officer Guillaume presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Wells Fargo Bank Minnesota is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before October 29, 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 29, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. The motion was seconded by Mr. Alexis and unanimously passed. Case No. 11 -2201 Joseph O. Dorcent Property Address: 2021 NW 2 Street Violation(s): CO CH15 SEC. 15 -120 (D) INC Remove all unlicensed and inoperable vehicles from the property. Officer Guillaume presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Alexis moved that this Board find that Joseph O. Dorcent is in violation of the City of Boynton 14 Meeting Minutes Code Compliance Board Boynton Beach, FL October 19, 2011 Beach Code sections cited and moved to Order that the Respondent correct the violation on or before October 29, 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 29, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. The motion was seconded by Ms. Carroll and unanimously passed. Case No. 11 -2270 U.S. Bank Nat'I Assoc Property Address: 2646 NE 3rd Street Violation(s): CO CH10 SEC. 10 -51.5 INC Mow and trim overgrown yard areas. Remove all trash and debris. Property must be registered. Officer Guillaume presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that U.S. Bank Nat'I Assoc is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before October 29, 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 29, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. The motion was seconded by Vice Chair Yerzy and unanimously passed. Case No. 11 -2307 Djenise Cassis Property Address: 2541 N. Seacrest Blvd Violation(s): CO CH15 SEC. 15 -120 (D) INC Mow overgrown yard and remove unlicensed and inoperable vehicles from the property. Officer Guillaume presented the case as contained in the notice of violation. Staff recommended 10 days to comply. 15 Meeting Minutes Code Compliance Board Boynton Beach, FL October 19, 2011 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Alexis moved that this Board find that Djenise Cassis is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before October 29, 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 29, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. The motion was seconded by Ms. Carroll and unanimously passed. Case No. 11 -1914 Carol Fretwell Property Address: 713 SW 3 Avenue Violation(s): CO CH15 SEC. 15 -120 (D) INC CO CH10 SEC. 10 -56 (B) Mow and trim overgrown yard areas. Trim overgrown hedges and shrubs (front and side of property). Clean up carport of outdoor storage Skip Lewis, Senior Code Enforcement Officer, presented the case as contained in the notice of violation. Staff recommended 15 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Carol Fretwell is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before November 3, 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 November 3, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. The motion was seconded by Ms. Yerzy and unanimously passed. Due to computer difficulties, Chair Costantino called a recess at 7:28 p.m. Chair Costantino reconvened the meeting at 7:35 p.m. 16 Meeting Minutes Code Compliance Board Boynton Beach, FL October 19, 2011 Case No. 11 -2066 Cathy and Richard Barnes Property Address: 230 SW 6 Street Violation(s): CO CH13 SEC. 13 -16 Obtain business tax receipt Officer Lewis presented the case as contained in the notice of violation. Staff recommended 15 days to comply Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Cathy and Richard Barnes are in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondents correct the violation on or before November 3, 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 November 3, 2011 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. The motion was seconded by Mr. Alexis and unanimously passed. Case No. 11 -2067 Richard and Cathy Barnes Property Address: 224 SW 6 Street Violation(s): CO CH13 SEC. 13 -16 Obtain business tax receipt Officer Lewis presented the case as contained in the notice of violation. Staff recommended 15 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that 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 violation on or before November 3, 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 November 3, 2011 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. The motion was seconded by Ms. Carroll and unanimously passed. 17 Meeting Minutes Code Compliance Board Boynton Beach, FL October 19, 2011 Case No. 11 -2143 Richard and Cathy Barnes Property Address: 226 SW 6 Street Violation(s): CO CH13 SEC. 13 -16 Obtain business tax receipt Officer Lewis presented the case as contained in the notice of violation. Staff recommended 15 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that 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 violation on or before November 3, 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 November 3, 2011 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. The motion was seconded by Ms. Carroll and unanimously passed. Case No. 11 -2144 Richard and Cathy Barnes Property Address: 232 SW 6 Street Violation(s): CO CH13 SEC. 13 -16 Obtain business tax receipt Officer Lewis presented the case as contained in the notice of violation. Staff recommended 15 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that 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 violation on or before November 3, 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 November 3, 2011 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. The motion was seconded by Mr. Alexis and unanimously passed. 18 Meeting Minutes Code Compliance Board Boynton Beach, FL October 19, 2011 Case No. 11 -2212 Nationwide Investment Firm Corp. Property Address: 1093 SW 25 Place Violation(s): CO CH15 SEC. 15 -120 (D) INC CO CH 13 SEC. 13 -16 Obtain business tax receipt Mow and trim overgrown areas Officer Lewis presented the case as contained in the notice of violation. Staff recommended 15 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Nationwide Investment Firm Corp. is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before November 3, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $500 per day for each day the violation continues past November 3, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. The motion was seconded by Ms. Carroll and unanimously passed. Case No. 11 -2361 Henry and Tammy Landes Property Address: 1175 SW 27 Place Violation(s): CO CH10 SEC. 10 -56 (C, D) CO CH15 SEC. 15 -120 (D, E) INC Remove overgrown weeds. Repair and replace missing and deteriorated facia board. Secure pool from entry with an approved pool barrier. Officer Lewis presented the case as contained in the notice of violation. Staff recommended 30 days to comply. Officer Lewis advised everything was complied except for the pool barrier. He had an orange security barrier around the screen and he informed the owner it was not acceptable. He requested 30 days to erect a permitted fence that meets the pool barrier code It was safe for now, but would not meet the Code. 19 Meeting Minutes Code Compliance Board Boynton Beach, FL October 19, 2011 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Henry and Tammy Landes are in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondents correct the violation on or before November 18, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $500 per day for each day the violation continues past November 18, 2011 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. The motion was seconded by Mr. Cole and unanimously passed. Case No. 11 -2166 Roelofwouter Poel and Tihana Vlaardingerbroek Property Address: 72 Lake Eden Drive Violation(s): BBA FBC '04 105.1.1 Expired pool permit Mike Melillo, Senior Code Compliance Officer, presented the case as contained in the notice of violation. Staff recommended 10 days to comply. This was a red tag from the Building Department. This is a health hazard. Although the pool is secure, the permit issue was never resolved. It appears that they have walked away. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Roelofwouter Poel and Tihana Vlaardingerbroek are in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondents correct the violation on or before October 29, 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 $350 per day for each day the violation continues past October 29, 2011 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. The motion was seconded by Ms. Carroll and unanimously passed. 20 Meeting Minutes Code Compliance Board Boynton Beach, FL October 19, 2011 Case No. 11 -2398 BAC Home Loan Servicing Property Address: 2935 SW 1 Street Violation(s): CO CH10 SEC. 10 -51.5 INC Property must be registered Mow grass and weeds. Officer Melillo presented the case as contained in the notice of violation. Staff recommended 10 days to comply. The property has been registered. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that BAC Home Loan Servicing is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before October 29, 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 29, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. The motion was seconded by Ms. Carroll and unanimously passed. Case No. 11 -2445 Countrywide Bank Property Address. 168 SE 31 Avenue Violation(s): CO CH10 SEC. 10 -51.5 INC Property must be registered. Remove trash and debris. Secure all openings. Officer Melillo presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Property is registered but not secure. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Countrywide Bank is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before October 29, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $500 per day for each day the violation continues past October 29, 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 21 Meeting Minutes Code Compliance Board Boynton Beach, FL October 19, 2011 re- inspection of the property to verify compliance with this Order. The motion was seconded by Vice Chair Yerzy and unanimously passed. Case No. 11 -2209 Bank of New York Property Address: 225 SW 9 Avenue Violation(s) CO CH10 SEC. 10 -51.5 INC Property must be registered. Officer Herring presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Bank of New York is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before October 29, 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 29, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. The motion was seconded by Ms. Carroll and unanimously passed. Case No. 11 -2235 Gary J. and Andrea Schneider Property Address: 329 SW 14 Avenue Violation(s): CO CH10 SEC. 10 -56 (A) CO CH10 SEC. 10 -56 (B) CO CH15 SEC. 15 -120 (D) INC Mow, weed and trim all overgrowth Remove dead trees. Officer Herring presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Alexis moved that this Board find that Gary J. and Andrea Schneider are in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondents correct the violation on or before October 29, 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 22 Meeting Minutes Code Compliance Board Boynton Beach, FL October 19, 2011 with this Order, a fine in the amount of $200 per day for each day the violation continues past October 29, 2011 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. The motion was seconded by Vice Chair Yerzy and unanimously passed. Case No. 11 -2334 Gilbert and Armelle Lorme Property Address: 300 SW 12 Avenue Violation(s): CO CH15 SEC. 15 -120 (D) INC Remove all outside storage from property. Officer Herring presented the case as contained in the notice of violation Staff recommended 10 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Gilbert and Armelle Lorme are in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondents correct the violation on or before October 29, 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 $250 per day for each day the violation continues past October 29, 2011 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. The motion was seconded by Ms. Carroll and unanimously passed. Case No. 11 -2430 Bank of New York Property Address: 420 NW 1 Avenue Violation(s): CO CH10 SEC. 10 -51.5 INC Property must be registered. Mow, weed and trim property. Officer Herring presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Bank of New York is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before October 29, 2011. The Board has considered the gravity of the 23 Meeting Minutes Code Compliance Board Boynton Beach, FL October 19, 2011 violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $150 per day for each day the violation continues past October 29, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. The motion was seconded by Mr. Alexis and unanimously passed. Officer Herring recommended the following cases be certified at $100 per day: Case No. 11 -1788 Wells Fargo Bank 3221 Orange 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 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 the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Foot seconded the motion that unanimously passed. Case No. 11 -550 Shawn Maesel 816 S. 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 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 the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Foot seconded the motion that unanimously passed. Case No. 11 -1704 Wachovia Mortgage Corp. 118 SE 8 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 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 24 Meeting Minutes Code Compliance Board Boynton Beach, FL October 19, 2011 until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Foot seconded the motion that unanimously passed. Case No. 11 -1334 Ronald and Lela White 1301 NW 8 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 August 17, 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. Mr. Foot seconded the motion that unanimously passed. Case No. 11 -1570 Jerome and Colette Burgess 634 SW 4 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 August 17, 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. Mr. Foot seconded the motion that unanimously passed. Case No. 11 -1733 Victor and Sandra Santiago 604 NW 1st 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 August 17, 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. Mr. Foot seconded the motion that unanimously passed. 25 Meeting Minutes Code Compliance Board Boynton Beach, FL October 19, 2011 Officer Herring recommended the following cases be certified at $150 per day: Case No. 11 -896 Deutsche Bank Nat'l Trust 3391 Orange 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 June 15, 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. Case No. 11 -924 Countrywide Home Loans, Inc. 2910 Ocean Pkway 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 June 15, 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. Case No. 11 -1157 LaSalle Bank Nat'l Assoc. 2510 SW 12 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 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. Case No. 11 -1421 Chase Home Finance LLC 2325 SW 11 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 26 Meeting Minutes Code Compliance Board Boynton Beach, FL October 19, 2011 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 Herring recommended the following cases be certified at $200 per day: Case No. 11 -1485 Deutsche Bank Nat'l Trust 5 Buxton 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 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 $200 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case No. 11 -1488 Jean Blanchard 60 Hastings 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 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 $200 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case No. 11 -1463 Bishop Evans 132 NW 11 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 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 $200 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. 27 Meeting Minutes Code Compliance Board Boynton Beach, FL October 19, 2011 Case No. 11 -1614 John Dvoracek & E. W. Lammi 1460 NW 1 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 August 17, 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. Ms. Carroll seconded the motion that unanimously passed. Officer Herring recommended the following case be certified at $250 per day: Case No: 11 -1131 BAC home Loans Servicing LP 91 Maple 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 June 15, 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 Herring recommended the following case be certified at $1, 000 per day: Case No: 11 -820 James D. Rodden 440 Ocean Pkwy Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Alexis moved that this Board find that the Respondent has not complied with this Board's Order dated June 15, 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 $1,000 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Foot seconded the motion that unanimously passed. 28 Meeting Minutes Code Compliance Board Boynton Beach, FL October 19, 2011 The following case was closed and re- cited. No motion was necessary. Case No: 08 -71 Neptune & Monique Ambroise 621 S. Seacrest Blvd. The following cases required certifying a Cease and Desist Order: Case No: 11 -1156 Claudia Ortega 206 NW 5 Avenue Motion Based on testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent, Claudia Ortega, did not comply with this Board's Cease and Desist Order dated June 15, 2011, and having considered the gravity of the violation, and the actions taken by the Respondent, that this Board certify a fine in the amount of $1,000 per occurrence for 118 occurrences plus administrative costs. Vice Chair Yerzy seconded the motion that unanimously passed. Case No: 10 -3302 Jude St. Felix & 727 W. Ocean Avenue Jacqueline Telamour Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondents, Jude St. Felix and Jacqueline Telamour, did not comply with this Board's Cease and Desist Order dated August 17, 2011, and having considered the gravity of the violation, and the actions taken by the Respondents, that this Board certify a fine in the amount of $500 for three occurrences pc—essence plus administrative costs. Ms. Carroll seconded the motion that unanimously passed. Officer Herring reported the following cases complied and should have "No Fine ": Case No. 11 -1431 Joe Jr. & Olga Espinoza 2761 NW 1 Street Motion Based on testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that the Respondents, Joe Jr. and Olga Espinoza 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 17, 2011, and in consideration of the gravity of the violation and the actions taken by the Respondents to remedy the violation and the previous violations of the Respondents, that this Board impose and certify "No Fine." Vice Chair Yerzy seconded the motion that unanimously passed. 29 Meeting Minutes Code Compliance Board Boynton Beach, FL October 19, 2011 Case No. 11 -1161 Federal Nat'I Mortgage Assoc. 1311 SW 28 Avenue Motion Based on testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that the Respondent, Federal Nat'I Mortgage Association 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. Officer Herring recommended the following cases be tabled to November 16, 2011. Case No. 10 -2302 Christian & Missionary Vision 2923 S. Federal Hwy Motion Vice Chair Yerzy moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on November 16, 2011. Ms. Carroll seconded the motion that unanimously passed. Case No. 11 -849 Michael Sanches 2221 NW 1 Street Motion Vice Chair Yerzy moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on November 16, 2011. Ms. Carroll seconded the motion that unanimously passed. Officer Herring recommended the following cases be tabled to December 21, 2011. Case No. 11 -569 High Ridge Properties 640 E. Ocean Avenue (Cafe Frankie's) Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on December 21, 2011. Vice Chair Yerzy seconded the motion that unanimously passed. 30 Meeting Minutes Code Compliance Board Boynton Beach, FL October 19, 2011 Case No. 10 -3625 1865 Woolbright Road LLC 1869 W. Woolbright Road Motion Vice Chair Yerzy moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on December 21, 2011. Ms. Carroll seconded the motion that unanimously passed. Chair Costantino inquired of Attorney Bridgeman if there was any new information on the case last month dealing with the title issue. Attorney Bridgeman indicated that was a case that was closed and re- cited. Adjournment There being no further business, the meeting properly adjourned at 7:52 p m. • ect, Ellie Caruso Recording Secretary 31 FORM 88 _ MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS 1 ASI NAMI I Pled • 1 MIIH)I I NA/OF NAMFOE WARM C'OtSNCII.COMMISSION I0U'I WRIT Y.OR COM MIllEE CCI tCt r - i (10 M lr l. , Cam. Co v n a —) - NAII t*.i. .1!)1)RI NN t HF ROARI).COUNCIL. COMMISNR7N. MY HORIIY OR COMMITTEE Oh 155 S r1 1Vt �.r�/�� ��'� WHICH I SER VF IS A 0N11 OF CA O \vrlc Vt C171 D COUNTY 0 0'1 HER 1OCA1 AGCNCY ('l I COI' .) \ l 'PA 1 NAME OF I�AI.IItCAt SUYD1Vt510N 1)A1'F HI('H VOlI 0('C1 RR ED ! MY POSITION iS Ca 1 9 ? 30l ■ 0 ELECTIVE APPOINTIVE WHO MUST FM! FORM IB This form is tor use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of Interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from ioting on a measure which inures to his special pniate gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also Is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appounive local office other%ise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or iirltten communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. CE FORM 14 ll . I PAGE 1 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in .the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST rr,, • n —t 20j 1, MIChelP [ t� Ina , hereby disclose that on ©C.7C• I i ,19 . (a) A came or will come before my agency which (check one) •enured to my special private gain: or u b t 'inured to the special gain of , by whom I am retained (b) The measure before my agency and the nature of my interest in the measure is as follows: rY ms's resvdenc_e., Ynesu . Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING - IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 55,000. CE CORN Hg. 141 PAGE 2