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Minutes 12-21-11 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, DECEMBER 21, 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 Chair Costantino called the meeting to order at 6:30 p.m. II. Approval of November 16, 2011 Code Compliance Meeting Minutes Mr. Foot requested at the top of page 12, the motion for Case No. 10 -3661 include the four dates of epee non - compliance listed on the first line of page 11, which were October 13, 2011; October 14, 2011; October 25, 2011; and October 27, 2011. Motion Mr. Foot moved approval of the November 16, 2011 minutes subject to amendment of that case on page 12. Ms. Yerzy seconded the motion that unanimously passed. III. Approval of Agenda Mike Melillo, Senior Code Compliance Officer, announced the following changes to the agenda: Case No. 09 -3194 was requested to be tabled to February 15, 2012. Motion Mr. Foot moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on February 15, 2012. Vice Chair Yerzy seconded the motion that unanimously passed. 1 Meeting Minutes Code Compliance Board Boynton Beach, FL December 21, 2011 Case No. 11-2560 was requested to be tabled to January 18, 2012. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on January 18, 2012. Mr. Cole seconded the motion that unanimously passed. Case Nos. 11-2618 and 11-2469 were complied Case No. 11-1439 was requested to be tabled to February 15, 2012. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on February 15, 2012. Mr. Cole seconded the motion that unanimously passed. Case Nos. 11-2249 and 11-2779 were closed. Chair Costantino stated she had an announcement to make under Item V. New Business. There were no objections to adding the announcement. Motion Ms. Carroll moved to accept the agenda as sited. Mr. Cole seconded the motion that unanimously passed. IV. Swearing in of Witnesses and Introduction Attorney Bridgeman explained the hearing procedures and administered the oath to all who would be testifying. V. New Business Chair Costantino wished all a Happy Holiday and read a letter from the FBI, praising Code Compliance Officer Lewis for his awareness and assistance in locating individuals wanted by the FBI. It was a glowing commendation. Chair Costantino requested moving Case No. 09-3851 to the front of the agenda. 2 Meeting Minutes Code Compliance Board Boynton Beach, FL December 21, 2011 Motion Ms. Carroll so moved. Vice Chair Yerzy seconded the motion that unanimously passed. Officer Melillo called the roll and determined who was present. Case No. 09-3851 Diana Galan 2202 NE 3rd Street Pete Roy, Chief Code and Rehabilitation Officer, presented the case which pertained to removal of a split tree. The hearing was held on January 20, 2010, and no one appeared. The compliance date the Board established was February 4, 2010, or incur a fine of $250 per day. The violation was corrected on November 5, 2011. The Board had a question as to how the violation complied when the tree was not removed. Officer Roy testified on the third inspection, he determined the tree was not in violation because it was still alive. He spoke to a person named “Chris” and suggested he trim the limbs hanging over the adjacent property, which was done, and Officer Roy then complied the case. Officer Roy had photographs he distributed to the Board. Peter Pistano, 1605 King Street, Jacksonville, stated the tree had three trunks at one time. Years ago, someone cut one of the trunks, and the cut was visible. The tree trunk was not split by lightening. The tree limb was cut on November 5, 2011. Discussion followed about the limbs and if the tree complied or there was a violation; however, after discussion, Attorney Bridgman stated there was no violation. Additionally, the application fee for the lien reduction could be refunded. 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 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. Ms. Yerzy seconded the motion. Vice Chair Yerzy amended his motion to include the $200 application fee to the Board be returned. Ms. Yerzy agreed to the amendment and the motion unanimously passed. Case No. 11-3117 Wells Fargo Bank (902 NW 8th Avenue) Property Address: 902 NW 8th Avenue 3 Meeting Minutes Code Compliance Board Boynton Beach, FL December 21, 2011 Violation(s): CO CH10 SEC. 10-51.5 INC. Property that is vacant or subject to a current notice of default must be maintained in accordance with City Code. Remove outside storage, trash, and debris. Mow, weed, and trim the property. John Herring, Code Compliance Officer, presented the case and stated the case arose from a routine inspection. The initial inspection occurred on November 2, 2011, for the violations noted above. A written notice giving 10 days to comply was sent regular mail on November 15, 2011. Certified mail was sent November 30, 2011. The receipt of mailing was signed December 5, 2011. The property was registered. Staff recommended 10 days be given to correct the violation. Frank Albear, Attorney for Wells Fargo Bank, 1800 NW 49th Street, Ft. Lauderdale, pled no contest. He testified the property preservation team was advised of the case and requested 45 days, due to the approaching holidays, to bring the property into compliance. Officer Herring had photographs he distributed to the Board. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Wells Fargo 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 January 20, 2012. 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 January 20, 2012, 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. 11-2816 Deutsche Bank National Trust (2816 NW 1st Ave.) Property Address: 2816 NW 1st Avenue Violation(s): 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. Register property, permit required for carport. Business 4 Meeting Minutes Code Compliance Board Boynton Beach, FL December 21, 2011 Tax Receipt needed to rent residence. Mow, weed and trim property. Remove trash and debris. Replace water meter and have water turned on. Vestiguerne Pierre, Senior Code Compliance Officer, presented the case for the violations noted above. The only remaining violation was the permit for the carport enclosure. Paul Minoff, Attorney for the Bank, 101 NE 1st Street, Suite 1500, Ft. Lauderdale, pled not guilty. He stated the Bank did not create the issues, but was remediating them and had bids for the work. The property was set to go to sale. The violations occurred in 2010 before taking ownership of the property in July 2011. He testified the Bank learned of the violations after November 2011, when they were receiving notices. Previous notices went to the prior owner. He stated they had corrected the violations and the Bank recently obtained a contractor to address the remaining violation, but did not know how long it would take to correct it, demolish it, or how long it would take the City to issue permits. He thought 45 days would be appropriate. The buyer would accept the structure as was and planned to resell the property. Mr. Foot suggested the Respondent plead no contest and the Board consider 45 days unless staff advised 45 days was not long enough to obtain a permit for an as-built property. Attorney Minoff stated the structure was the illegal carport. The Bank was the lien holder who foreclosed and took ownership of the property “as is” in July. There was someone living at the premises, although the structure was now vacant, and the Bank had no way to know who did the work and whether a permit was obtained. He clarified the structure was there and either the prior owner, or owner prior to that constructed it. The buyer’s preference was to keep the structure enclosed as it would increase the value of the property. If not, the structure could be converted back to its original state. Officer Pierre had photographs he distributed to the Board. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Deutsche Bank National Trust is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before February 4, 2012. 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 February 4, 2012, plus administrative costs shall be imposed. The Respondent is further ordered 5 Meeting Minutes Code Compliance Board Boynton Beach, FL December 21, 2011 to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Cole seconded the motion. Discussion followed with the Respondent that once the property was in compliance, he should call for an inspection and then the case would be closed. If he had to ask for more time, the Board could table or reconsider the case. Officer Pierre stated 45 days was not long enough; however, they had the option to demolish the property. Vote Mr. Foot amended his motion to 60 days, to February 19, 2012. Mr. Cole agreed to the amendment and the motion unanimously passed. Case No. 11-2747 Rome and Valcina B. Augustin Property Address: 814 N. Federal Highway Violation(s): CO CH10 SEC 10-56(B) LDR CH4 ART IV SEC. 4.A.7 Replace/repair sign with hole in it. Replace missing hedges and landscape materials that border the front and side property lines. Skip Lewis, Senior Code Compliance Officer, presented the case which arose from a citizen complaint. The initial inspection date was on October 7, 2011, as noted above. Written notice was sent giving 15 days to comply. Service was obtained by posting on December 5, 2011, and staff recommended 30 days be given to correct the violations. Mr. Augustin, the son of Rome and Valcina Augustin, 812 N. Federal Highway, pled no contest and requested 60 to 90 days to correct the violations. Officer Lewis had photographs he distributed to the Board. When asked why so much time, Mr. Augustin stated the pump for the water was stolen and the sign was replaced after the last hurricane at a cost of almost $5,000. The way his parent’s business was going, 30 days was not long enough. They would have to obtain prices from various companies and save the money to make the repairs. His parents owned the building for 16 years. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Rome and Valcina B. Augustin 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 January 20, 2012. The Board has 6 Meeting Minutes Code Compliance Board Boynton Beach, FL December 21, 2011 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 $100 per day for each day the violations continue past January 20, 2012, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot suggested amending the date to 60 days as the respondent wants to make the repairs but it would take time to save the money, and the water pump was stolen. Vice Chair Yerzy amended the motion to reflect a compliance date of February 19, 2012. Mr. Foot seconded the motion that passed 7-1 (Mr. Cole dissenting.) Case No. 11-2955 Emigrant Funding Corp. (717 NE 10th Ave.) Property Address: 717 NE 10th Avenue Violation(s): 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. Mow and trim property. Remove trash and debris. Business Tax Receipt required to rent unit. Officer Lewis presented the case. The initial inspection date was October 25, 2011, pertaining to the violations noted above. The only outstanding violation was the Business Tax Receipt and a representative from Emigrant Funding Corporation was present. The building was a two-story apartment building and the owner did not have a Business Tax Receipt since 2009. It was not renewed and the owner was collecting rent. Joy Mattingly, Esq., Becker & Polikoff, 3111 Stirling Road, Ft. Lauderdale, Attorney for Emigrant Funding Corporation, did not enter a plea because they did not yet own the property. Emigrant Funding Corporation brought all the violations into compliance except the Business Tax Receipt and she was present to ensure Emigrant’s interests were protected. She stated they could not address the Business Tax Receipt since the property was not vacant. Officer Lewis testified the property was not vacant. He stated he spoke with the owner and explained the matter and was told he had to meet with his accountant. The owner was collecting rent and losing the property. The property had eight units and Code Compliance was not notified whether the property passed fire inspections. After further discussion, Attorney Bridgeman stated the Bank should not have been cited for the 7 Meeting Minutes Code Compliance Board Boynton Beach, FL December 21, 2011 Business Tax Receipt, only the owner, and the case against the Bank should be dismissed. Motion Mr. Foot moved to dismiss the case. Attorney Bridgeman suggested the case be withdrawn. Officer Lewis agreed to withdraw the case. Motion Mr. Cole moved to remove the case from the docket. Ms. Carroll seconded the motion that unanimously passed. Case No. 11-1335 Deutsche Bank Natl. Trust Co. 1144 SE 27th Place Officer Lewis presented the case. The notice of violation was June 6, 2011, for violations regarding mowing and weeding overgrown yard area, removal of a dead Mango tree, and trash and debris. Damaged exterior walls of the structure needed repairs, the garage door needed to be replaced, and the structure needed to be secured. The compliance date established by the Board was September 19, 2011, or a fine of $250 per day would be imposed. The violation still exists. Another representative from the Bank was present and the case was tabled at that time, but the siding of the house remained outstanding. Amy Concilio, Esq. Shapiro, Fishman and Gache, 2424 N. Federal Highway, Boca Raton, Attorney for the Bank, testified the Bank was not the owner and that the owner resided at the property. At the last hearing, the Bank representative explained they were attempting to obtain an Order allowing them to enter the property. The owner engaged litigious counsel and the foreclosure action has been ongoing for two years as the owner was attempting to save the home. The Bank just obtained the order from the court, but there have been many issues with the property owner’s counsel and the borrower. Vice Chair Yerzy noted the wrong party was named as the Respondent. Attorney Concilio stated the Bank was not the owner of many of the cases, but they are noticed while the foreclosure action was pending. Officer Lewis stated the property was vacant, but the owner told him he had been returning to the home and taking care of it. After further discussion about the exterior of the property, Attorney Bridgeman recommended tabling the case. Officer Lewis commented the Board could comply the case with no fine. The Bank was only required to maintain the property, which was being done. Mr. Foot suggested tabling the case to February. Officer Lewis distributed photographs to the Board. 8 Meeting Minutes Code Compliance Board Boynton Beach, FL December 21, 2011 Motion Mr. Foot moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on February 15, 2012. Ms. Carroll seconded the motion that unanimously passed. Case No. 11-2704 Countrywide Home Loans, Inc. (908 NW 10th Ave.) Property Address: 908 NW 10th Avenue Violation(s): 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. Mow and trim property. Install four-inch house numbers on building, visible from the street. 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 Countrywide Home Loans, Inc. is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before December 31, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past December 31, 2011, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Cole seconded the motion. The members discussed the home was vacant. Under the ordinance, the Bank does not have to be the property owners. When a Lis Pendens is issued, the Bank can be cited. The motion unanimously passed. Case No. 11-2705 U.S. Bank National Assoc. (1020 NW 8th Street) Property Address: 1020 NW 8th Street Violation(s): CO CH10 SEC 10-51.5 INC. 9 Meeting Minutes Code Compliance Board Boynton Beach, FL December 21, 2011 Property that is vacant or subject to a current notice of default must be registered with the City and maintained per City Code. Mow, weed and trim property. Secure property. Repair or replace fence. Remove trash and debris. Officer Herring presented the case as contained in the notice of violation. The only outstanding violation was the fence. Staff recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that U.S. 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 December 31, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past December 31, 2011, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 11 -2706 Washington Mutual Bank (842 NW 8th Ave.) Property Address: 842 NW 8th Avenue Violation(s): 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. Mow, weed, and trim property. Install four -inch house numbers on building, visible from the street. Remove outside storage. Secure property. Officer Herring presented the case as contained in the notice of violation. The property was mowed and the outside storage removed. Staff recommended 10 days be given to correct the violations. 10 Meeting Minutes Code Compliance Board Boynton Beach, FL December 21, 2011 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Alexis moved that this Board find Washington Mutual 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 December 31, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past December 31, 2011, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case No. 11-3115 Citimortgage (1223 Isle Court) Property Address: 1223 Isle Court Violation(s): 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. Mow, weed, and trim property. Install four-inch house numbers on building, visible from the street. Officer Herring presented the request as contained in the notice of violation. Staff recommended 10 days to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find Citimortgage 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 December 31, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past December 31, 2011, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Vice Chair Yerzy seconded the motion that unanimously passed. 11 Meeting Minutes Code Compliance Board Boynton Beach, FL December 21, 2011 Case No. 11-2864 U.S. Bank National Assoc. (116 NW 6th Avenue) Property Address: 116 NW 6th Avenue Violation(s): 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. Register property. 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. Alexis moved that this Board find U.S. 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 December 31, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past December 31, 2011, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case No. 11-2947 Patreese Harvey Property Address: 2745 NW 2nd Street Violation(s): CO CH15 SEC 15-120(D) INC. Repair driveway apron. Remove unregistered/inoperable vehicle from the property. Officer Pierre presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find Patreese Harvey 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 December 31, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and 12 Meeting Minutes Code Compliance Board Boynton Beach, FL December 21, 2011 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 December 31, 2011, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Alexis seconded the motion that unanimously passed. Case No. 11-2959 Rosena Aldajuste Property Address: 128 S. Atlantic Drive Violation(s): CO CH15 SEC 15-120(D) INC. Remove unregistered/inoperable vehicle and inoperable RV from the property. Remove trash and debris. Officer Pierre presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find Rosena Aldajuste 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 December 31, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $300 per day for each day the violation continues past December 31, 2011, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that unanimously passed. Case No. 11-2980 John Dvoracek & E. W. Lammi Property Address: 1460 NW 1st Street Violation(s): CO CH15 SEC 15-120(D) INC. Mow property and remove trash and debris. Officer Pierre presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find John Dvoracek & E. W. Lammi are in violation of the 13 Meeting Minutes Code Compliance Board Boynton Beach, FL December 21, 2011 City of Boynton Beach Code section cited and moved to Order that the Respondents correct the violation on or before December 31, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $300 per day for each day the violation continues past December 31, 2011, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case No. 11-2983 Earl Q. Cain Est. Property Address: 170 NW 14th Court Violation(s): CO CH15 SEC 15-120(D) INC. Remove inoperable/unregistered vehicle from carport. Repair windows. Officer Pierre presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find Earl Q. Cain Est. 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 December 31, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $300 per day for each day the violation continues past December 31, 2011, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Alexis seconded the motion that unanimously passed. Case No. 11-2463 Jerome Daniel Property Address: 1621 NW 1st Court Violation(s): CO CH15 SEC 15-120(D) INC. Repair fence. Clean front and rear property. Remove trash and debris. All vehicles must have a current tag and be in good working order. Officer Pierre presented the case as contained in the notice of violation. Staff recommended 30 days be given to correct the violations. 14 Meeting Minutes Code Compliance Board Boynton Beach, FL December 21, 2011 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find Jerome Daniel 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 January 20, 2012. 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 January 20, 2012, plus administrative costs shall be imposed. The Respondent is 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. 11-1586 Bank of New York Mellon (501 W. Ocean Avenue) Property Address: 501 W. Ocean Avenue Violation(s): 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. Register property. Clean and maintain pool in a sanitary condition. Secure openings to prevent the public from entering. Remove trash, and mow overgrown areas and trim overgrown vegetation. Officer Guillaume presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. The outstanding violations were trash and debris, and the pool. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find Bank of New York Mellon 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 December 31, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $300 per day for each day the violation continues past December 31, 2011, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order 15 Meeting Minutes Code Compliance Board Boynton Beach, FL December 21, 2011 to arrange for re-inspection of the property to verify compliance with this Order. Mr. Cole seconded the motion that unanimously passed. Case No. 11-2674 Suntrust Mortgage Inc. (412 SW 10th Avenue) Property Address: 412 SW 10th Avenue Violation(s): 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. Register property. Mow overgrown areas and trim overgrown vegetation. 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, Vice Chair Yerzy moved that this Board find Suntrust Mortgage Inc. is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before December 31, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $200 per day for each day the violation continues past December 31, 2011, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Cole seconded the motion that unanimously passed. Case No. 11-2846 HSBC Bank USA National Assoc. Tr. (708 NW 1st Avenue) Property Address: 708 NW 1st Avenue Violation(s): 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. Register property. Mow overgrown areas and trim overgrown vegetation. Business Tax Receipt required to rent unit. Officer Guillaume stated Case No. 11-2846 was closed. 16 Meeting Minutes Code Compliance Board Boynton Beach, FL December 21, 2011 Motion Mr. Foot so moved to adjust the agenda. Ms. Carroll seconded the motion that unanimously passed. Case No. 11-2861 HSBC Bank USA National Assoc. Tr. (708 NW 1st Avenue) Property Address: 708 NW 1st Avenue Violation(s): CO CH10 SEC 10-56 (B) Repair or replace all broken windows. 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. Yerzy moved that this Board find HSBC Bank USA National Association Tr. 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 December 31, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $200 per day for each day the violation continues past December 31, 2011, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Alexis seconded the motion that unanimously passed. Case No. 11-2635 Virginia D. Tacy Property Address: 3024 E. Palm Drive Violation(s): CO CH10 SEC 10-56 (B), CO CH10 SEC 10-52, and CO CH15 SEC. 15-120(D) INC Remove inoperable vehicle, boats and trailer stored on the property. Mow, trim and weed overgrowth. Remove trash and debris. Officer Lewis presented the case as contained in the notice of violation. Staff recommended 15 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find Virginia D. Tacy is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation 17 Meeting Minutes Code Compliance Board Boynton Beach, FL December 21, 2011 on or before January 5, 2012. 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 January 5, 2012, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Alexis seconded the motion that unanimously passed. Case No. 11-2739 Catherine Allen Property Address: 318 NE 20th Avenue Violation(s): CO CH15 SEC 15-120(D) INC. Remove inoperable vehicles and trailers from property. Remove trash, debris, and outdoor stored materials. Officer Lewis presented the case as contained in the notice of violation. Staff recommended 15 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find Catherine Allen 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 January 5, 2012. 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 January 5, 2012, 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. 11-2998 Wells Fargo Bank (331 NE 24th Avenue) Property Address: 331 NE 24th Avenue Violation(s): 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. Register property. Mow overgrown areas and trim overgrown vegetation. Secure pool and house from entry. 18 Meeting Minutes Code Compliance Board Boynton Beach, FL December 21, 2011 Officer Lewis presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. The pool was unsecured. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find Wells Fargo 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 December 31, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $250 per day for each day the violation continues past December 31, 2011, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion. Discussion followed a higher fine, due to the pool, would be appropriate. Ms. Yerzy amended her motion to $1,000. Ms. Carroll agreed to the amendment and the motion unanimously passed. Case No. 11-3004 Aida Rivera Property Address: 1622 NE 4th Court Violation(s): CO CH10 SEC.10-56(D) Secure building. 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. Alexis moved that this Board find Aida Rivera 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 December 31, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $200 per day for each day the violation continues past December 31, 2011, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Vice Chair Yerzy seconded the motion that unanimously passed. 19 Meeting Minutes Code Compliance Board Boynton Beach, FL December 21, 2011 Case No. 11-2791 Ellen M. Oliver Property Address: 123 SE 31st Avenue Violation(s): CO CH15 SEC 15-120(D) INC Mow grass and weeds. Officer Melillo presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find Aida Rivera 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 December 31, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $75 per day for each day the violation continues past December 31, 2011, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms Carroll seconded the motion that unanimously passed. Case No. 11-2869 Raymond and Linda Avallone Property Address: 3220 SE 2nd Street Violation(s): CO CH10 SEC. 10-56(D) Secure all openings to prevent unauthorized individuals from entering the building. Officer Melillo presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Raymond and Linda Avallone 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 December 31, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $200 per day for each day the violation continues past December, 31, 2011, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order 20 Meeting Minutes Code Compliance Board Boynton Beach, FL December 21, 2011 to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that unanimously passed. Case No. 11-2873 Rafael Lopez and Ana B. Galvez Property Address: 168 SE 31st Avenue Violation(s): CO CH10 SEC 10-56(D) Secure all openings to prevent unauthorized individuals from entering the building. Officer Melillo 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. Yerzy moved that this Board find that Rafael Lopez and Ana B. Galvez 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 December 31, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $200 per day for each day the violation continues past December, 31, 2011, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Alexis seconded the motion that unanimously passed. Case No. 11-2973 BAC Home Loans Servicing (2935 SE 1st Street) Property Address: 2935 SE 1st Street Violation(s): 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. Secure all openings to prevent unauthorized individuals from entering the building. Officer Melillo presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find BAC Home Loans Servicing is in violation of the City of 21 Meeting Minutes Code Compliance Board Boynton Beach, FL December 21, 2011 Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before December 31, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $200 per day for each day the violation continues past December 31, 2011, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Yerzy seconded the motion that unanimously passed. Case No. 11-3103 U.S. Bank National Assoc. (134 SE 31st Avenue) Property Address: 134 SE 31st Avenue Violation(s): 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. Mow grass and weeds. Remove trash. Trim all trees and bushes. Officer Melillo presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find U.S. 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 December 31, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $200 per day for each day the violation continues past December 31, 2011, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Alexis seconded the motion that unanimously passed. Case No. 11-2321 Ryan Holmes Property Address: 821 NW 8th Way Violation(s): CO CH10 SEC 10-56(A), (D) Repair fence in the rear yard. 22 Meeting Minutes Code Compliance Board Boynton Beach, FL December 21, 2011 Officer Roy presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find Ryan Holmes 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 December 31, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $250 per day for each day the violation continues past December 31, 2011, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Alexis seconded the motion that unanimously passed. Case No. 11-2730 Federal National Mortgage Assoc. (1619 NE 3rd Street) Property Address: 1619 NE 3rd Street. Violation(s): CO CH10 SEC 10-56(A), (B), (D) Permit required for carport enclosure and windows. Repair soffit on all structures and replace missing soffit screens. Replace front porch roof. Repair shutter on south side. Scrape and paint unpainted areas. Sod bare areas of lawn. Officer Roy presented the case as contained in the notice of violation. Staff recommended 30 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find Federal National Mortgage 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 January 20, 2012. 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 January 20, 2012, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance 23 Meeting Minutes Code Compliance Board Boynton Beach, FL December 21, 2011 Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Alexis seconded the motion that unanimously passed. Case No. 11-2731 Capstone Resdev LLC Property Address: 101 S. Federal Highway Violation(s): CO CH1- SEC 10-2 CO CH10 SEC 10-56(A), (B), (D) Mow, weed and trim property. Remove trash and horticultural debris. Repair paver on sidewalk on the north side. Replace screening on fence. Officer Roy presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find Capstone Resdev LLC is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before December 31, 2011. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $250 per day for each day the violation continues past December 31, 2011, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Alexis seconded the motion that unanimously passed. Case No. 11-3076 Karen Campbell & Ignatius Rodriguez Property Address: 204 NW 1st Avenue Violation(s): CO CH15 SEC. 15-120(D) INC. CO CH10 SEC. 10-56(A), (B) Mow overgrowth and trim hedges off sidewalk. Officer Roy presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find Karen Campbell & Ignatius Rodriguez are in violation of the City of Boynton Beach Code sections cited and moved to Order that the 24 Meeting Minutes Code Compliance Board Boynton Beach, FL December 21, 2011 Respondents correct the violations on or before December 31, 2011. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past December 31, 2011, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Yerzy seconded the motion that unanimously passed. Officer Melillo recommended the following case be certified for $50: Case No. 11-1169 Janet R. Tallman 223 SE 1st Circle 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 September 21, 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 $50 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 Melillo recommended the following case be certified for $100: Case No. 10-2302 Christian & Missionary Vision 2923 S. Federal Hgwy. 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 May 18, 2011, and having considered the gravity of the violations, 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. 11-2571 Becky & Carlos Morales 1400 NW 1st Court Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Alexis moved that this Board find that the Respondents have not complied with this Board's 25 Meeting Minutes Code Compliance Board Boynton Beach, FL December 21, 2011 Order dated November 16, 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. Case No. 11-2475 Boynton Beach Heights Realty 327 SW 2nd Avenue 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 November 16, 2011, and having considered the gravity of the violations, 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. 11-2840 Lamy Pierre 438 SW 10th Avenue 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 November 16, 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. Officer Melillo recommended the following cases be certified at $150 per day: Case No. 11-2148 Wachovia Bank Nat’l Association 1095 NW 10th 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 October 19, 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. 26 Meeting Minutes Code Compliance Board Boynton Beach, FL December 21, 2011 Case No. 11-2149 Bank of New York Mellon 57 Baytree Circle 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 October 19, 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. 11-1947 Mark & Kimberly T. Bavosa 744 NE 12th Ter. #5 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 October 19, 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 $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. Case No. 11-2198 Florence M. Keen 415 S. Circle 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 October 19, 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. 11-1631 Jane Archer 3031 E. Palm 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 27 Meeting Minutes Code Compliance Board Boynton Beach, FL December 21, 2011 Board's Order dated October 19, 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 Melillo recommended the following cases be certified at $200 per day: Case No. 11-1904 Juan C. & Maria Sophia Miranda 1457 SW 25th Place C 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 September 21, 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. Ms. Carroll seconded the motion that unanimously passed. Case No. 11-2478 Lasalle Bank National Association 125 SE 27th Place 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 November 16, 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. Officer Melillo recommended the following cases be certified at $250 per day: Case No. 11-922 Thelmar & Jessie Patterson 536 NW 11th 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 October 19, 2011, and having considered the gravity of the violations, the actions taken by the Respondents, that this Board impose and certify a 28 Meeting Minutes Code Compliance Board Boynton Beach, FL December 21, 2011 fine in the amount of $250 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. Case No. 11-2117 Haibin Zheng 204 NE 12th 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 October 19, 2011, and having considered the gravity of the violations, 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 Melillo recommended the following cases be certified at $350 per day: Case No. 11-2166 Roelof Wouter Poel and 72 Lake Eden Drive Tihana Vlaardingerbroek Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that the Respondents have not complied with this Board's Order dated October 19, 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 $350 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 Melillo recommended the following cases be certified at $500 per day: Case No. 11-2501 1950 Congress Avenue LLC 830 N. Congress Ave. #110 Sports Clips Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Alexis moved that this Board find that the Respondents have not complied with this Board's Order dated November 16, 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 29 Meeting Minutes Code Compliance Board Boynton Beach, FL December 21, 2011 amount of $500 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. Case No. 11-2183 Eric B. Gross 324 NE 12th Avenue 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 October 19, 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. Case No. 11-2361 Henry & Tammy Landes 1175 SW 27th Place Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Alexis moved that this Board find that the Respondents have not complied with this Board's Order dated October 19, 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 $500 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. Case No. 11-2445 Countrywide Bank 168 SE 31st Avenue 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 October 19, 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 Melillo stated Case No. 11-1085 Seashore Industries – Jans Jewelers was for the Board to reconsider. This case was certified and a motion to reopen was needed, as the case should have been “No Fine.” 30 Meeting Minutes Code Compliance Board Boynton Beach, FL December 21, 2011 Motion Mr. Foot moved to reconsider 11-1085. Ms. Carroll seconded the motion that unanimously passed. Case No. 11-1085 Seashore Industries 515 N. Federal Hgwy. Jans Jewelers Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondents, Seashore Industries - Jans Jewelers 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 June 15, 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.” Mr. Cole seconded the motion that unanimously passed. Officer Melillo recommended the following cases be certified as zero dollars or “No Fine”: Case No. 09-432 Luann & Frank Call 717 SE 3rd Street Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondents, Luann & Frank Call, 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 September 15, 2010, 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.” Ms. Carroll seconded the motion that unanimously passed. Case No. 11-569 High Ridge Properties 640 E. Ocean Ave. 11 Café Frankie’s Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondents, High Ridge Properties – Café Frankie’s 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 April 20, 2011, 31 Meeting Minutes Code Compliance Board Boynton Beach, FL December 21, 2011 and in consideration of the gravity of the violation and the actions taken by the Respondents to remedy the violation and the previous violations of the Respondents, that this Board impose and certify “No Fine.” Ms. Carroll seconded the motion that unanimously passed. Case No. 10-3625 1865 Woolbright Road, LLC 1869 W. Woolbright Rd. Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent, 1865 Woolbright Road, LLC was in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Order of 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.” Ms. Carroll seconded the motion that unanimously passed. Case No. 11-2510 GOA Properties 701 N. Congress Ave. #11B Stella’s Nail & Spa Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondents, GOA Properties - Stella’s Nail & Spa 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 November 16, 2011, and in consideration of the gravity of the violation 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.” Ms. Carroll seconded the motion that unanimously passed. Case No. 11-2516 Regency Centers Inc. 4756 N. Congress Avenue Artistic Smile Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondents, Regency Centers Inc. – Artistic Smile 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 November 16, 2011, and in consideration of the gravity of the violation and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents, that this Board 32 Meeting Minutes Code Compliance Board Boynton Beach, FL December 21, 2011 impose and certify “No Fine.” Ms. Carroll seconded the motion that unanimously passed. Case No. 11-1911 Felix & Stella Gazul 714 Presidential Drive Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondents, Felix & Stella Gazul 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 October 19, 2011, and in consideration of the gravity of the violation 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.” Ms. Carroll seconded the motion that unanimously passed. Case No. 11-1989 Emigrant Mortgage Co. Inc. 611 NE 10th Avenue Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent, Emigrant Mortgage Co. Inc. 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 September 21, 2011, and in consideration of the gravity of the violations and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent, that this Board impose and certify “No Fine.” Ms. Carroll seconded the motion that unanimously passed. Case No. 11-2169 Kenneth Schweitzer 302 NE 2nd Street Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent, Kenneth Schweitzer 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 October 19, 2011, and in consideration of the gravity of the violations and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent, that this Board impose and certify “No Fine.” Ms. Carroll seconded the motion that unanimously passed. 33 Meeting Minutes Code Compliance Board Boynton Beach, FL December 21, 2011 Case No. 11-2212 Nationwide Investment Firm Corp. 1093 SW 25th Place Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent, Nationwide Investment Firm Corp. 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 October 19, 2011, and in consideration of the gravity of the violations and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent, that this Board impose and certify “No Fine.” Ms. Carroll seconded the motion that unanimously passed. Case No. 11-2235 Gary J. & Andrea Schneider 329 SW 14th Avenue Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondents, Gary J. and Andrea Schneider, 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 October 19, 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.” Ms. Carroll seconded the motion that unanimously passed. Case No. 11-2818 Midfirst Bank 124 SW 9th Avenue Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent, Midfirst Bank, 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 November 16, 2011, and in consideration of the gravity of the violations and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent, that this Board impose and certify “No Fine.” Ms. Carroll seconded the motion that unanimously passed. Officer Melillo requested tabling the following cases: 34 Meeting Minutes Code Compliance Board Boynton Beach, FL December 21, 2011 Case No. 11 -1462 Karen J. Efron Trust 190 SE 27th Place Motion Vice Chair Yerzy moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on January 18, 2012. Mr. Cole seconded the motion that unanimously passed. Case No. 11 -2334 Gilbert & Armelle Lorme 300 SW 12th 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. Mr. Cole seconded the motion that unanimously passed. VII. Adjournment Motion Ms. Carroll moved to adjourn. Vice Chair Yerzy seconded the motion that unanimously passed. The meeting was adjourned at 8:11 p.m. Oatit:d 1,(_ -L (ULui Catherine Cherry Recording Secretary 122811 35