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Minutes 01-18-12 MINUTES OF THE CODE COMPLIANCE BOARD HELD ON WEDNESDAY, JANUARY 18, 2012 AT 6:30 P.M. IN THE CITY COMMISSION CHAMBERS, AT CITY HALL 100 E. BOYNTON BEACH BOULEVARD BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Shana Bridgeman, Assistant City Attorney Richard Yerzy, Vice Chair Diane Springer, Code Compliance Coordinator Kathleen Carroll Gary Cole RoseMarie Yerzy Robert Bucella, Alt ABSENT: Aimond Alexis Robert Foot I. Call to Order Chair Costantino called the meeting to order at 6:30 p.m. II. Approval of December 12, 2011 Minutes and December 19, 2011 Motion Ms. Carroll moved to approve the minutes of December 12, 2011 subject to recommended corrections. Page 1, Item II, should read four dates of non - compliance, not four dates of compliance. Page 10, Case #11 -2705, it should be noted the vote was unanimous. Mr. Cole seconded the motion that unanimously passed. Mr. Yerzy moved to approve the minutes of the December 19, 2011 Lien Reduction meeting. Ms. Carroll seconded the motion that unanimously passed. III. Approval of Agenda Ms. Yerzy moved to approve the agenda. The motion was seconded by Mr. Cole and 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. Meeting Minutes Code Compliance Board Boynton Beach, FL January 18, 2012 V. New Business Skip Lewis, Senior Code Compliance Officer, announced the following changes to the agenda: Case No. 08 -2511 was requested to be tabled to March 21, 2012. Motion Vice Chair Yerzy moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on March 21, 2012. Ms. Carroll seconded the motion that unanimously passed. Case No. 03 -2123 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 No. 11 -3116 had complied. Case No. 11 -3141 was closed. Case No. 11 -3178 was requested to be tabled to February 15, 2012. Motion Ms. Yerzy 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 -3179 was requested to be tabled to February 15, 2012. Motion Ms. Yerzy 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 -3049 was removed. 2 Meeting Minutes Code Compliance Board Boynton Beach, FL January 18, 2012 Case No. 11 -2774 was removed. Case No. 11 -3180 had complied. Motion Ms. Carroll moved that the agenda be approved as amended. Mr. Cole seconded the motion that unanimously passed. Officer Lewis called the role and determined who was present. Case No. 11 -2655 Ovidio & Vanessa Giron 7 Dalton Place Violation(s): CO CH13 SEC. 13 -16. Renting without first obtaining a Business Tax Receipt Courtney Cain, Code Compliance Officer, presented the case which pertained to repairing a hole in the side of the house. That portion of the violation had complied. The lack of a Business Tax Receipt still exists. Staff recommended 10 days for compliance. The complaint came in from the HOA and according to the water bill, the owner was not occupying the home. Nicholas Bouyoucas, an attorney representing Mr. and Mrs. Giron, 1840 Forest Hill Blvd, Suite 302, West Palm Beach, pled not guilty. He provided documentation proving his client was not in violation. Included in the documentation was a rental exemption certificate as he claimed there were family members living in the home. The utility bills were in the name of the occupant. The occupants were trying to assume the mortgage on the home and had been paying the mortgage company for six years. No monies were ever paid to Mr. and Mrs. Giron. Due to the harsh economy, it was difficult to complete the refinance. Attorney Bouyoucas stated that the occupant's wife was the Godmother of Mr. and Mrs. Girons child. Chair Costantino questioned whether a Godmother was considered a relative. She understood there would have to be a blood relationship. Several Board members claimed that paying the bank or paying the owners still provided benefit to the owner and would be considered the same as rent. Attorney Bouyoucas advised that was not so, as sales tax would have to be collected and filed with the Department of Revenue. In this situation, the occupants are attempting to assume the mortgage and in that attempt they are not paying the Girons, they are directly paying the bank. Therefore, the Girons are not the recipients of any funds, 3 Meeting Minutes Code Compliance Board Boynton Beach, FL January 18, 2012 which would be the requirement of a rental. There was no benefit to the Girons as the mortgage was in arrears. Ms. Carroll inquired of Officer Cain if the Code stated it would not only have to be rent paid, would it be considered a violation if someone else was living in the home other than the owner. Officer Cain noted in past practices, if a homeowner was benefitting from an individual living in the home, and it was not a relative, a violation was cited. Vice Chair Yerzy questioned why an attorney was hired in the case, rather than simply pay the small fee for the Business Tax Receipt. Carlos Soto, 7 Dalton Place, was the current occupant of the home. He claimed they may not be blood family, but they were family none - the -less. He advised they were working with an attorney to get a mortgage and take over the property. It would work to everyone's advantage. He advised he had been paying the mortgage for approximately five years. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Ovidio and Vanessa Giron 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 January 28, 2012. 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 January 28, 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. Cole seconded the motion that unanimously passed. Case No. 09 -3848 Joseph Reale 2081 NW 2 Court Pete Roy, Senior Code Compliance Officer, reviewed the details of the case. The property was cited December 9, 2009, to repair or replace driveway apron and obtain a Business Tax Receipt. The case was heard February 17, 2010. No one appeared. A compliance date was set for March 19, 2010 or incur a fine of $50 per day. Compliance was documented on November 16, 2011, having 606 days of non- compliance for a fine of $30,300. Ari Albinder and Susan Dolan, Mizner Grand Realty, 155 NE Spanish River Blvd, Boca Raton, advised they were the listing broker for Bank of America. Ms. Dolan advised they took possession of the property in July and investigated any code issues on the property. The apron issue took time to get Bank approval to move it forward, as 4 Meeting Minutes Code Compliance Board Boynton Beach, FL 7anuary 18, 2012 well as the permits and survey. They also replaced the screens and have kept the property maintained. They would like a reduction to somewhere between $750 and $1,000. There was a contract on the property for $43,000 and Ms. Dolan gave a breakdown of what was spent on the property. Officer Roy presented photographs to the Board. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2 -84 through 2 -89 of the City of Boynton Beach Code of Ordinances, Ms. Carroll moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of February 17, 2010 to an amount of $1,634.12 including administrative costs. Mr. Cole seconded the motion that unanimously passed. Case No. 08 -3701 Yale and Holly Roth 3100 S. Seacrest Blvd Officer Roy reviewed the details of the case. The property was cited November 20, 2008, to repair driveway and fence, sod bare spots, and remove the commercial vehicle parked in a residential zone. The case was heard February 19, 2009. Mr. Roth appeared. A compliance date was set for June 18, 2009 or incur a fine of $50 per day. Compliance was documented on November 16, 2011, having 880 days of non- compliance for a fine of $44,000. Diane Balsara, realtor with Nautica Realty, 1200 S. Federal Hwy, Unit 307, was present on behalf of American Home Servicing, who currently was the manager for the property. It was a bank foreclosure by Citibank. The property was acquired in the spring of 2011. There had been a tenant in the property and before any repairs could be performed, the tenant had to be removed. Cleanup on the property began at that time. In addition, the pool pump was replaced, as well as repairing cracks in the pool, which was not an item cited. All code violations were addressed, properly bid, and completed. The contract price on the property was $84,500. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2 -84 through 2 -89 of the City of Boynton Beach Code of Ordinances, Vice Chair Yerzy moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of February 18, 2009 to an amount of $1,634.12 including administrative costs. Ms. Carroll seconded the motion that unanimously passed. 5 Meeting Minutes Code Compliance Board Boynton Beach, FL January 18, 2012 Case No. 09 -947 Mark Shiff 3805 S. Lake Drive Officer Roy reviewed the details of the case. The property was cited April 7, 2009, to trim overgrown hedge, mow and remove weeds, and remove trash and debris. The case was heard May 20, 2009. No one appeared. A compliance date was set for June 4, 2009 or incur a fine of $100 per day. Compliance was documented on May 12, 2011, having 706 days of non - compliance for a fine of $70,600. Tricia Burke, Caldwell Banker, 1185 East Atlantic Avenue, Delray Beach, was the listing agent for J.P. Morgan Chase who received the property at the end of March in a foreclosure. By the end of April, the exterior and interior were cleaned, and the property was listed at the end of May. A buyer was secured and the home had been under contract since June 2, 2011. At that time, the Bank was made aware of the different Code compliance issues. After two months of bids and approval for work, all items were complied and signed off January 2012. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2 -84 through 2 -89 of the City of Boynton Beach Code of Ordinances, Vice Chair Yerzy moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of May 20, 2009 to an amount of $1,538.09 including administrative costs. Ms. Carroll seconded the motion that unanimously passed. Case No. 10 -3026 1 P. Morgan Chase Bank 3805 S. Lake Drive Officer Roy reviewed the details of the case. The property was cited October 8, 2010, to mow and remove weeds, trim bushes, and register foreclosure property. The case was heard November 17, 2010. No one appeared. A compliance date was set for November 27, 2010 or incur a fine of $150 per day. Compliance was documented on May 12, 2011, having 165 days of non - compliance for a fine of $24,750. Tricia Burke, Caldwell Banker, 1185 East Atlantic Avenue, Delray Beach, was the listing agent for J.P. Morgan Chase and advised the same circumstances applied to this case as to the previous case. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2 -84 through 2 -89 of the City of Boynton Beach Code of 6 Meeting Minutes Code Compliance Board Boynton Beach, FL January 18, 2012 Ordinances, Vice Chair Yerzy moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of November 17, 2010 to an amount of $2,730.15 including administrative costs. Mr. Cole seconded the motion that unanimously passed. Case No. 11 -2124 Amerigas Propane 711 N. Federal Hwy Officer Roy reviewed the details of the case. The property was cited August 9, 2011 to trim hedges, remove trash and debris, and mow and maintain weeds. The case was heard September 21, 2011. No one appeared. A compliance date was set for October 1, 2011 or incur a fine of $150 per day. Compliance was documented on December 14, 2011, having 73 days of non - compliance for a fine of $10,950. Christopher Thomas, 640 NE 8 Street, Pompano Beach, advised he was the District Manager of the West Palm Beach plant. He advised that he was not receiving the correspondence as it was being sent to the home office in Philadelphia. The Philadelphia office mistakenly thought the West Palm Beach plant was receiving the same notice. He recently took over the plant and by the time the information got to him, the fine was already in place. He contacted Code Compliance immediately and made arrangements to have the violations corrected. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2 -84 through 2 -89 of the City of Boynton Beach Code of Ordinances, Vice Chair Yerzy moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of September 21, 2011 to an amount of $634.12 including administrative costs. Ms. Carroll seconded the motion with discussion. Chair Costantino commented this property was on Federal Highway and was visible to everyone travelling that roadway. Vice Chair Yerzy revised his motion due to the propane tanks being highly visible from the roadway. Amended Motion Vice Chair Yerzy motioned to amend the reduction amount to $3634.12. Mr. Cole seconded the motion that passed 5 -1 (Mr. Bucella dissenting). 7 Meeting Minutes Code Compliance Board Boynton Beach, FL January 18, 2012 Case No. 11 -3257 Victoria 3. Dale Property Address: 522 NW 10 Avenue Violation(s): CO CH15 SEC. 15 -120 (D) INC Remove inoperable vehicle from carport Officer Cain presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that Victoria J. Dale 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 January 28, 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 28, 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. The motion was seconded by Ms. Carroll and unanimously passed. Case No. 11 -2952 American Asset Holdings, LLC Property Address: 1660 Renaissance Commons Blvd Violation(s): BBA FBC '07 ED. 105.1 Obtain permit for renovations 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. Cole moved that this Board find that American Asset Holdings, LLC is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before January 28, 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 28, 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. The motion was seconded by Mr. Bucella and passed 5 -1. (Ms. Carroll dissenting). 8 Meeting Minutes Code Compliance Board Boynton Beach, FL January 18, 2012 Case No. 11 -2953 Adalgisa Scotuzzi Property Address: 1690 Renaissance Commons Blvd Violation(s): BBA FBC '07 ED. 105.1 Obtain permit for demolition Officer Herring presented the case as contained in the notice of violation. Staff recommended 60 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Adalgisa Scotuzzi 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 March 18, 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 March 18, 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. The motion was seconded by Vice Chair Yerzy and unanimously passed. Case No. 11 -3148 TP Eleven, LC Property Address: 1301 N. Congress Avenue Violation(s): LDR CH4 ART. IV SEC 4B8 Vehicle display signs not permitted Officer Herring presented the case as contained in the notice of violation. He advised the Respondent had complied and staff recommended a seven day 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 TP Eleven, LC until January 25, 2012, to bring the violation of City of Boynton Beach Code sections 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 Respondent, and hereby orders that a fine in the amount of $500 per recurrence of the violation thereafter shall be imposed upon the Respondent. Vice Chair Yerzy seconded the motion that passed unanimously. 9 Meeting Minutes Code Compliance Board Boynton Beach, FL January 18, 2012 Case No. 11 -3050 Terri R. LeBlanc Property Address: 1110 Rialto Drive Violation(s): CO CH2.5 SEC. 2.5 -12, 13 Excessive false alarms and service fee Ms. Richardson presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Terri R. LeBlanc is in violation of the City of Boynton Beach Code section as cited, and moved to order that the Respondent correct the violations on or before January 28, 2012. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by 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 28, 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 and verification of payment of the fees to comply with this Order. Mr. Cole seconded the motion that passed unanimously. Case No. 11 -2692 Citimortgage, Inc. Property Address: 5 Baytree Circle Violation(s): CO CH10 SEC. 10 -51.5 INC Property must be registered Mow and trim overgrown areas Officer Cain presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Citimortgage, Inc. is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before January 28, 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 28, 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. The motion was seconded by Ms. Carroll and unanimously passed. 10 Meeting Minutes Code Compliance Board Boynton Beach, FL January 18, 2012 Case No. 11 -3002 Deutsche Bank National Property Address: 5 Buxton Lane Violation(s): CO CH10 SEC. 10 -51.5 INC Property must be registered Remove all bees from roof Officer Cain presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Deutsche Bank National 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 January 28, 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 28, 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. The motion was seconded by Ms. Carroll and unanimously passed. Case No. 11 -3188 Shawn Maesel Property Address: 816 S. Seacrest Blvd Violation(s): CO CH10 SEC. 10 -56 (B) Mow overgrown yard Repair or replace broken windows Officer Guillaume presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that Shawn Maesel is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before January 28, 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 $150 per day for each day the violation continues past January 28, 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. The motion was seconded by Mr. Cole and unanimously passed. 11 Meeting Minutes Code Compliance Board Boynton Beach, FL January 18, 2012 Case No. 11 -3189 Chase Manhattan Mortgage Co. Property Address: 19 Peachtree Place Violation(s): CO CH10 SEC. 10 -51.5 INC Vacant property is unsecure Secure all doors and windows Officer Guillaume presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Chase Manhattan Mortgage is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before January 28, 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 $150 per day for each day the violation continues past January 28, 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. The motion was seconded by Mr. Cole and unanimously passed. Case No. 11 -3129 Haibin Zheng Property Address: 204 NE 12 Avenue Violation(s): CO CH10 SEC. 10 -45 (A) (D) Please secure building from unauthorized individuals Officer Lewis presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Based on the testimony and evidence presented in the aforementioned case, Mr. Cole 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 January 28, 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 $500 per day for each day the violation continues past January 28, 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. The motion was seconded by Ms. Carroll and unanimously passed. 12 Meeting Minutes Code Compliance Board Boynton Beach, FL January 18, 2012 Case No. 11 -3264 Clyde and Alberta Jones Property Address: 1625 NE 2nd Street Violation(s): CO CH10 SEC. 10 -56 (A) (B) (D) Secure all openings on building Officer Lewis presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Clyde and Alberta Jones 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 January 28, 2012. 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 January 28, 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. The motion was seconded by Ms. Carroll and unanimously passed. Case No. 11 -3271 Deutsche Bank National Trust Co. Property Address: 440 Ocean Parkway Violation(s): CO CH10 SEC. 10 -51.5 INC Property must be registered Mow and trim all overgrown yard areas Secure all doors and windows Officer Lewis presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that Deutsche Bank National Trust Co. is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before January 28, 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 $500 per day for each day the violation continues past January 28, 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. The motion was seconded by Ms. Carroll and unanimously passed. 13 Meeting Minutes Code Compliance Board Boynton Beach, FL January 18, 2012 Case No. 11 -3328 Delphine Hamon Property Address: 2130 N. Seacrest Blvd. CO CH15 SEC. 15 -12- (D) INC Violation(s): CO CH10 SEC. 10 -52 CO CH10 SEC. 10 -56 (B) (D) CO CH10 SEC. 10 -59 (A) (D) (E) BBA FBC '07 ED. 105.1 Repair or replace front door panel Secure safe electrical supply Remove inoperable vehicle, tires, trash and debris Unpermitted wood structure in the back Officer Lewis presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Delphine Hamon 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 January 25, 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 $750 per day for each day the violation continues past January 25, 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. The motion was seconded by Ms. Carroll and unanimously passed. Case No. 11 -2972 Evadne & Lloyd Smith Property Address: 134 SE 31 Avenue Violation(s): CO CH10 SEC. 10 -56 (D) Secure all openings Officer Melillo presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Evadne & Lloyd Smith 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 January 28, 2012. 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 January 14 Meeting Minutes Code Compliance Board Boynton Beach, FL January 18, 2012 28, 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. The motion was seconded by Ms. Yerzy and unanimously passed. Case No. 11 -3020 Brunel & Ingrid Gue Property Address: 1096 SW 27 Avenue Violation(s): CO CH15 SEC. 15 -120 (D) INC Mow grass and weeds Repair hole in fascia Officer Melillo presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Brunel & Ingrid Gue 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 January 28, 2012. 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 January 28, 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. The motion was seconded by Ms. Carroll and unanimously passed. Case No. 11 -3120 Citimortgage, Inc. Property Address: 1468 SW 25 Place Violation(s): CO CH10 SEC. 10 -51.5 INC Maintain property Repair roof and interior of building Officer Melillo presented the case as contained in the notice of violation. Staff recommended 10 days to comply. This property is a health hazard to other units in the building. Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Citimortgage, Inc. is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before January 28, 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 $1000 per day for each day the violation continues past January 15 Meeting Minutes Code Compliance Board Boynton Beach, FL January 18, 2012 28, 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. The motion was seconded by Vice Chair Yerzy and unanimously passed. Case No. 11 -3137 Gustave Ovilma Property Address: 3030 and 3040 SE 2 Street Violation(s): CO CH13 SEC. 13 -16 Obtain a business tax receipt Officer Melillo presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Gustave Ovilma 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 January 28, 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 28, 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. The motion was seconded by Vice Chair Yerzy and unanimously passed. Case No. 11 -3198 U.S. Bank National Assoc. Property Address: 309 SW 4 Street Violation(s): CO CH15 SEC. 15 -120 (D) INC CO CH10 SEC. 10 -56 (A) (B) Obtain a business tax receipt Mow and maintain all overgrowth Officer Roy presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that U.S. Bank National 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 January 28, 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 28, 2012 plus administrative costs shall be imposed. The 16 Meeting Minutes Code Compliance Board Boynton Beach, FL January 18, 2012 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 -3260 Gary Russell Property Address: 345 SW 13 Avenue Violation(s): CO CH10 SEC. 10 -56 (A) (B) (C) (D) Mow and trim overgrowth Clean and maintain pool Repair all broken windows and replace missing screens Secure property Officer Roy presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Gary Russell 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 January 28, 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 $500 per day for each day the violation continues past January 28, 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. The motion was seconded by Vice Chair Yerzy and unanimously passed. Case No. 11 -3268 Claudio Cid Property Address: 3501 N. Dixie Highway Violation(s): CO CH10 SEC. 10 -56 (A) (B) CO CH 14 SEC. 14 -3 CO CH15 SEC. 15 -120 (D) INC Remove all outside storage Remove trash and debris Remove oversize vehicles from property Maintain property per City Ordinance Officer Roy presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that Claudio Cid is in violation of the City of Boynton 17 Meeting Minutes Code Compliance Board Boynton Beach, FL January 18, 2012 Beach Code sections cited and moved to Order that the Respondent correct the violation on or before January 28, 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 $500 per day for each day the violation continues past January 28, 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. The motion was seconded by Ms. Yerzy and unanimously passed. Case No. 11 -3269 G & C Holdings, LLC Property Address: 1311 S. Seacrest Blvd. Violation(s): CO CH10 SEC. 10 -56 (A) (B) CO CH15 SEC. 15 -120 (D) INC Remove all outside storage Remove trash and debris Mow, weed and trim property Officer Roy presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that G & C Holdings, LLC is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before January 28, 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 28, 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. The motion was seconded by Ms. Carroll and unanimously passed. Officer Lewis requested the following case to be certified at $100 per day: Case No. 11 -2355 Felix & Stella Gazul 714 Presidential Dr 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 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 18 Meeting Minutes Code Compliance Board Boynton Beach, FL January 18, 2012 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 Lewis requested the following case to be certified at $200 per day: Case No. 11 -1394 Mazda Dieujuste 1022 Grove Park 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 July 20, 2011, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $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 Lewis requested the following case to be certified at $250 per day: Case No. 11 -2709 Mateo P. Jose 2628 NE 3 Street Motion Based on the testimony and evidence presented in the aforementioned case, Ms. 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 $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 Lewis requested the following cases be certified as "no fine": Case No. 10 -2106 Raul Vargas, Jr. 405 SE 1 Street Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent, Raul Vargas, Jr., 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 September 15, 2010 and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the 19 Meeting Minutes Code Compliance Board Boynton Beach, FL January 18, 2012 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 -1462 Karen J. Efron Trust 190 SE 27 Place Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent, Karen 3. Efron Trust, was in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Order of September 21, 2011 and in consideration of the gravity of the violation 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 -2334 Gilbert & Armelle Lorme 300 SW 12 Avenue Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondents, Gilbert & Armelle Lorme, 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 -2658 US Bank Nat'l Assn. 121 SE 12 Avenue Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent, US Bank National 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 November 16, 2011 and in consideration of the gravity of the violation 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. 20 Meeting Minutes Code Compliance Board Boynton Beach, FL January 18, 2012 Case No. 11 -2066 Richard & Cathy Barnes 230 SW 6 Street Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondents, Richard & Cathy Barnes, 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 -2067 Richard & Cathy Barnes 224 SW 6 Street Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondents, Richard & Cathy Barnes, 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 -2143 Richard & Cathy Barnes 226 SW 6 Street Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondents, Richard & Cathy Barnes, 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 -2144 Richard & Cathy Barnes 232 SW 6 Street Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondents, Richard & Cathy Barnes, were in violation of the City of Boynton Beach Code section as cited subsequent to the date 21 Meeting Minutes Code Compliance Board Boynton Beach, FL January 18, 2012 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. Officer Lewis requested the following cases be tabled to February 15, 2012: Case No. 11 -2769 Dacilas Louis 145 SW 13 Avenue 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 No. 10 -2994 US National Trust Assoc. 1199 SW 25 Avenue 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. Officer Lewis requested the following case be tabled to March 21, 2012: Case No. 08 -3379 Forum Shoppes of Boynton , 140 N. Congress Avenue LLC Motion Vice Chair Yerzy moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on March 21, 2012. Ms. Carroll seconded the motion that unanimously passed. Officer Lewis requested the following cases be reconsidered for "no fine': Chair Costantino passed the gavel to Vice Chair Yerzy, abstaining from Case No. 11- 1631 as she had a conflict of interest. Motion Ms. Carroll moved to reconsider Case No. 11 -1631 for no fine. Ms. Yerzy seconded the motion that unanimously passed. 22 Meeting Minutes Code Compliance Board Boynton Beach, FL January 18, 2012 Case No. 11 -1631 Jane Archer 3031 E. Palm Drive Officer Lewis explained the fine was previously certified at $150.00 a day. Chair Costantino was not supposed to vote at that time as she had an interest. It was brought back because she was involved in the case. In the interim, the case complied and the Code Officer was recommending no fine. Motion Ms. Carroll moved to certify no fine on Case No. 11 -1631. Mr. Cole seconded the motion that unanimously passed. Motion Ms. Carroll moved to reconsider Case No. 11 -2361. Mr. Cole seconded the motion that unanimously passed. Case No. 11 -2361 Henry & Tammy Landes 1175 SW 27 Place The gavel was returned to Chair Costantino. The City recommended no fine and explained it was not meant to be certified. Motion Ms. Carroll moved to certify no fine on Case No. 11 -2361. Mr. Cole seconded the motion that unanimously passed. VII. Adjournment Motion Vice Chair Yerzy moved to adjourn. Ms. Carroll seconded the motion that unanimously passed. The meeting was adjourned at 8:00 p.m. Ellie Caruso Recording Secretary 23 FORM 88_ MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS _ IA`.1 \ Arai I 1 1101 NASll MI))UII1 NAME NAME OFBOARD, (CHINCH COMMISSION. AUIHORIIY ORC'OMMI11EE COSta•Vcck Y10 t H 1 t_i 4. aode MAII ISo AI)nkiss IHE HOARD, COUNC II COMMISSION AUIHORIIYORCOMMI1lEEON J 1 C `� ,A WHICHISERVEISAUNIIOF iCi-W \t • l� A 0 COUNTY 0 01 HER 1 OCAI AGENCY U I Y er_- COI A l t NAME 01- PO1 ITICAI SUBDIVISION I)AIFON I' c (1RRF!) 1 2� I \ 1 MY POSrrION IS 0 ELECTIVE APPOINTIVE WHO MUST FM! FORM 86 This form is for u 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, Honda Statutes. Your responsibilities under the law when faced with a measure in w hich you have a conflict of Interest will vary greatly depending on whether you hold an elective or appointive posuion. For this reason, please pay close attention to the Instructions on this form before completine the reverse side and filing the form • INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holdine elecnwe county, munictpal, of other local public office MUST ABSTAIN from ■oting on a measure which inures to his special pnwate gain Each local officer also Is prohibited from knowingly Noting 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 (ocher than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making an attempt to influence the decision by oral or written 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 prodded immediately to the other members of the agency Q The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. C E FORM 513 I -91 PVA I 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 1, ( , hereby disclose that on Z 2 ( ,? 1 : (a) A measure came or will come before my agency which (check one) _ inured to my special private gam; or �+�7 �ured to the special gam of by whom I am retained (b) The measure before my agency and the nature of my interest in the measure is as follows C Cam-' 1 -,,M. \ 12-- V-Catit Date Ftie 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 $5,000. CE FORK - PAGE 2