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Minutes 02-15-12 MINUTES OF THE CODE COMPLIANCE BOARD HELD ON WEDNESDAY, FEBRUARY 15, 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 Robert Foot RoseMarie Yerzy Robert Bucella, Alt ABSENT: Aimond Alexis I. Call to Order Chair Costantino called the meeting to order at 6:30 p.m. II. Approval of January 18, 2011 Minutes Motion Vice Chair Yerzy moved to approve the minutes of January 18, 2011. Mr. Cole seconded the motion that unanimously passed. III. Approval of Agenda Officer Roy advised he had the following changes: Case #11 -3178 had complied. Case #11 -3179 had complied. Case #11 -1439 had complied. Case #03 -2123 liadbeert will be tabled to January 15, 2013. Meeting Minutes Code Compliance Board Boynton Beach, FL February 15, 2012 Motion Mr. Foot moved to table Case #03 -2123 to January 15, 2013. Mr. Cole seconded the motion that unanimously passed. Case #11 -3167 had complied. Case #11 -3351 had complied. Case #11 -3435 had complied. Case #11-3191 had been removed. Case #11 -3115 had been closed. Motion Mr. Foot moved to approve the agenda as amended. 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. Officer Roy called the roll and determined who was present. Chair Costantino requested to move up the case on Mega Mini and then proceed to Lien Reductions. V. New Business Case No. 09 -3194 Mega Mini Co. Violation(s): 2951 SW 14 Street CO CH13 SEC. 13 -16. John Herring, Code Compliance Officer reviewed the details of the case. The property was cited October 2, 2009 to obtain a Business Tax Receipt for every business operating on the property that did not have a Business Tax Receipt. Sixty days were given to comply. The date the notice of violation was sent regular mail was October 2, 2009. The date the Notice of Hearing was sent certified mail was December 28, 2011 and the signed green card was dated January 4, 2012. City recommended 30 days to March 13, 2013 for compliance. Michael Weiner, 10 SE 1s Avenue, Delray Beach, FL, appearing on behalf of Mega Mini, advised his client was also present. The plea entered was not guilty. 2 Meeting Minutes Code Compliance Board Boynton Beach, FL February 15, 2012 Officer Herring referred the presentation of the case to Maxime Ducoste - Amedee. Maxime Ducoste - Amedee Manager of Business Tax Division, advised the case began in 2009. Over the years, it was discovered there were some businesses which operated out of the self- storage base. The case was created and an administrative decision made. The case went to the City Commission. The applicant had received approval of the appeal, and 216 bays were granted the right to have businesses operating from them. To date, there had not been any applications for businesses received, with the exception of one. Because Building Code requirements were part of the appeals process, and after several meetings with the applicant and staff, Building Code issues were discovered that needed to be resolved before businesses would be permitted to operate out of that base. The applicant, a pinball repair business, submitted an application but did not continue the process. The owner provided a list of businesses or at least the bays for which they were aware business was being conducted. A total of 36 were submitted, but 16 of them were located elsewhere in the City, so they would already have a Business Tax Receipt. It was still unknown what kind of business was being conducted out of the storage unit itself. This would be a critical factor to ensure they meet the City's standard of life and safety. Eighteen of the businesses submitted were located outside the City, so the Business Tax or License would not meet the threshold. According to the provided list, only six are labeled as storage only. From 2009 and the time the appeal was approved by the City Commission, there had not been any applications for new businesses. Mr. Weiner began by asking that a Motion to Dismiss be entertained. The testimony stated that it was unknown what type of activity was being conducted. If the activity was not known and the burden of proof not met, the case should be dismissed. Mr. Foot wanted clarification on whether the City received a list of businesses renting space at the storage complex, which would be an indication of guilt. Mr. Ducoste- Amedee agreed that if businesses were operating, a landlord or property owner should be aware of any activity taking place. There had been no access to the units to attest whether the unit was being used for business or storage. Officer Herring advised on several occasions he had been to the property over the years and had witnessed an auto repair facility, lawn maintenance company, and a furniture refinishing company. He advised that was quite some time ago and businesses come and go. Mr. Bucella inquired whether the application stated what the bay would be used for. Bob Gaudio, owner of Mega Mini, 301 Alec Capri Drive, Ft. Lauderdale, responded that if a bay was being rented that was identified by the City as one of the 216 business bays, the applicant would be required to answer two questions as to their intent. In 3 Meeting Minutes Code Compliance Board Boynton Beach, FL February 15, 2012 many cases, such as lawn maintenance, some companies are multiple county operators. Their headquarters and business operations would be outside City or County limits. They would provide business tax receipts required for their business and use the unit as a staging area. He stated there was currently not an auto repair business there. Mr. Weiner advised if any items in question had occurred, there would have been something to discuss. The sole thing discussed was whether or not the tenant pays the tax. He added that if someone was doing auto repair work, they should be fined and should be issued a citation. If that were the case, it would be the discussion at the present time. Instead, the discussion entails a former violation that was not cited which would not be grounds for reaching a conclusion on whether or not the law was complied with. Mr. Weiner suggested that since Officer Herring openly advised he had not been to Mega Mini in quite some time, that the Board vote to dismiss the case. Motion Vice Chair Yerzy moved that Mr. Weiner's Motion to Dismiss be denied. Mr. Foot seconded the motion that unanimously passed. Mr. Weiner began his presentation announcing that every City record pertinent to the case would be submitted to become part of the record. The matter had not been ignored as there had been continuances and postponements. In reviewing the violation, he read verbiage to the Board, adding that the violation stated the landlord should contact every tenant and obtain that Business Tax Receipt. Mr. Foot advised Mr. Weiner that the landlord would be responsible for the activities of his tenants. Mr. Weiner continued it made reference to one Ordinance that was divided into three sections, which he read. He specifically noted Section 13.2 referencing what a "person" was considered to be and proceeded to define a person. He advised this Ordinance could only be enforced against the person engaging in the business. Mega Mini had a Business Tax Receipt which was valid until September, 2012. He continued by defining Section 205.042 of the State Statute related to Business Tax Receipt and a person. He reiterated there were no health or safety issues, and this was a collection of a tax. He opined that the Code Compliance Board was not a tax collector, but was in place to ensure there were no health, safety and welfare issues. He noted the section that stated "a person is not a landlord. The person is the person engaging in the business and not anyone else associated with the business in any way, shape or manner." Mr. Weiner continued to discuss at length the difference between a Business Tax Receipt and a person. He added the violation notice must have sufficient specificity so as to allow the person involved to be able to correct the matter. Mr. Weiner reviewed the law and the interpretation of the law. 4 1 Meeting Minutes Code Compliance Board Boynton Beach, FL February 15, 2012 Mr. Foot inquired of Attorney Bridgeman if there was a basis for the complaint. Attorney Bridgeman read the actual definition of "person" from the Ordinance, which Mr. Weiner did not include in his definition. Mr. Weiner continued by stating that since 2009, when the complaint originally was noted, businesses had come and gone which would make it difficult for procurement of a current Business Tax Receipt for them. If any of them are currently operating without one, they were not present to defend themselves as they were not cited. He noted there was an Attorney General opinion that specifically looked at the issue of Code Enforcement and its interaction with Chapter 205 and read the opinion to the Board. He reiterated the people that were supposedly in violation and cited had not been notified and, therefore, were not in attendance to determine responsibility. This would be another reason for dismissal. Motion Vice Chair Yerzy moved to table the case until the next meeting due to the amount of time taken. The motion was seconded by Mr. Cole with discussion. Mr. Foot advised Mr. Weiner brought up a number of points of law. He had inquired earlier if the landlord was not responsible for each tenant, would he be responsible for all the activities on the premises, ensuring there was a Business Tax Receipt for each activity. That would be a basis for tabling and would also give Attorney Bridgeman required time to research the issues raised. Chair Costantino suggested allowing Mr. Weiner to finish his presentation, call the vote for tabling, and direct the Board attorney to do the research. Mr. Cole inquired if there were any precedents set during the time this had been an open issue. Mr. Ducoste - Amedee advised the other self- storage facility in the City does not operate with any business tenants. He added that after several meetings with the owner, they were allowed to have 216 units that could operate businesses. The conclusion reached was not for the owner to obtain the license, but to ensure the tenant come forward and obtain the license through the City. When a business applies for a Business Tax Receipt, not only would it collect a tax for the City, it generates an inspection to make sure all Codes are met. Mr. Weiner continued by saying this was debated to the City Commission on many occasions and finally was resolved through a Development Order. He asked the owner, Mr. Gaudio, to explain the steps he took to ensure his tenants were not in violation. He indicated he would ask the business owner if they had a Business Tax Receipt and if not, they were asked to leave. There was no auto repair facility on the premises. In answer to Mr. Weiner's inquiries, Mr. Gaudio reiterated what had already been discussed previously. He stated he had been more than cooperative with City staff and had provided everything they requested. Mr. Weiner reviewed the Development Order 5 1 Meeting Minutes Code Compliance Board Boynton Beach, FL February 15, 2012 issued by the City Commission and indicated it would need to be referenced in order to conduct inspections and bring a violation. It was never noticed for this meeting. Chair Costantino inquired if a team of Code Officers were sent to the location, would the properties be made available? Mr. Weiner advised it would be to the best of their ability. Code Enforcement should be aware that if the buildings are locked, it might not be able to be accomplished through normal channels. Mr. Ducoste - Amedee further advised that during the meetings, although the applicant had offered to cooperate, the Commission required those businesses to obtain business licenses and he felt it was the responsibility of the landlord to obtain them. Mr. Ducoste - Amedee felt cooperation had not been reached, as access to the units had not been provided. Vote The Board voted on the previous motion and it passed unanimously. No date had been set at this meeting. Case No. 10 -3153 Bob Katz Properties 511 NE 4 Street Pete Roy, Senior Code Compliance Officer, reviewed the details of the case. The property was cited October 27, 2010, to cease creating a nuisance and cease doing business not covered by a Business Tax Receipt. The case was heard December 15, 2010. No one appeared. A compliance date was set for December 30, 2010 or incur a fine of $250 per day. Compliance was documented on June 3, 2011, having 154 days of non - compliance for a fine of $38,500. Arthur Dalmeida, 105 East Palmetto Park Rd., Boca Raton, was present on behalf of Bob Katz Properties. Also present was Nicki Sherzer 105 Half Moon Bay, Hypoluxo. Mr. Dalmeida advised the owner of the property was Bob Katz Properties. This property was leased to Tiki Tavern, the principal of which was Guavin Kanhai. They had a commercial lease at this location for a period of years. There had been many problems with this tenant and when notice was received that he was operating the business without a license, he was given written instructions to appear at a hearing and gave assurance that everything was fine and that he would get the appropriate license and appear before the Board. He informed us that the Board ruled in his favor and no follow -up was done. A notice was received that he failed to comply on December 30 He contacted Mr. Kanhai again advising him that he would need to get the appropriate license. A lien notice was received after notification that he was in the process of complying. Mr. Kanhai was on the premises, but not operating his business after the 6 I Meeting Minutes Code Compliance Board Boynton Beach, FL February 15, 2012 first of the year. After receipt of the lien, a default notice was sent and commenced commercial eviction. He defended the eviction and after two days of hearings, the judge issued an eviction notice in June, 2011. With all the efforts made to get Mr. Kanhai to comply, he was uncooperative. Mr. Dalmeida advised rather than rent the property again, it was sold to Mr. Cuthill who had made substantial improvements to the property. Mr. Delmeida advised a lien reduction to what the Board deemed appropriate was requested. Officer Roy provided the Board with current pictures and work done by Mr. Cuthill. Anthony Cuthill, 511 NE 4 Street, advised the building on 117115 417/445 Federal Highway had been approved for a bar. The back area was going to be an open beer garden and would be an extension of the front bar. The initial repairs to the roof, the fence, fascia and soffits were approximately $20,000. In addition, many other repairs were done. 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. Bucella moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of December 15, 2010 to an amount of $3,500 including administrative costs. Mr. Carroll seconded the motion that unanimously passed. Case No. 09 -3978 HSBC Bank USA 855 Carlee Circle Officer Roy reviewed the details of the case. The property was cited December 29, 2009, to restore pool to a sanitary condition, secure property and register. The case was heard March 17, 2010 and no one appeared. A compliance date was set for April 1, 2010 or incur a fine of $250 per day. Compliance was documented on February 10, 2012, having 679 days of non - compliance for a fine of $169,750. Patricia Johnson, 3960 Hypoluxo Road, was the listing broker for the Bank. Ms. Johnson explained that the Certificate of Title was not issued to the Bank until October, 2011, which would make the previous owner responsible for all the charges. The lis pendens was issued on May 8, 2011. The property was registered on September 15, 2011. She advised the Bank would like the lien reduced to $1,500 plus administrative costs. There was currently a contract on the property for $98,000. Officer Roy provided pictures for the Board. 7 Meeting Minutes Code Compliance Board Boynton Beach, FL February 15, 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 March 17, 2010 to an amount of $2,634.12 including administrative costs. Mr. Bucella seconded the motion with discussion by Mr. Foot. Mr. Foot felt that this was a serious problem in that children could have gotten in the area and that would present a safety hazard. He would like to see the fine at $5,000 if not $10,000 plus administrative costs. Chair Costantino concurred. Ms. Johnson advised that the property was well secured at all times. The property was being maintained weekly for quite some time. Vice Chair Yerzy maintained his motion to reduce the fine to $2,634.12. The motion passed 4 -3. (Chair Costantino, Mr. Foot and Mr. Cole dissenting). Case No. 09 -3388 Wells Fargo Bank 118 SE 29 Avenue Officer Roy reviewed the details of the case. The property was cited October 22, 2009, to trim overgrown vegetation, mow yard, maintain pool in sanitary condition and register property. The case was heard December 16, 2009. No one appeared. A compliance date was set for December 31, 2009 or incur a fine of $500 per day. Compliance was documented on February 14, 2012, having 774 days of non - compliance for a fine of $387,000. Thomas Handley, 12095 Sunset Point Circle, Wellington, was the property owner and was trying to complete a short sale to Stellar Homes. He advised when the original offense occurred, he received a notice, as well as Wells Fargo Bank. At that time, the property was mowed, as well as the pool drained. He appeared at the Compliance Board hearing and was told it was a bank lien against Wells Fargo and they would need to register the property. After contacting them, they did not register the property until December 2011. During that time, Wells Fargo took ownership of the property by changing the locks and installing a dead -bolt on the screen enclosure, so there was no possible access to the property. Mr. Handley further advised he had spoken to the Bank on numerous occasions in an attempt for them to close the matter, but was told their research showed no lien on the property. They have taken no responsibility and would be taking it to foreclosure if Mr. Handley would not take care of the lien. Mr. Handley indicated he had a contract in place to complete the short sale to Stellar Homes. As soon as the Bank registered the property, permission was granted to complete the short sale. The date of closing would be February 21S He advised the locks were cut and Stellar Homes completed a lot of improvements. He requested a reduction as much as possible so that he could pay it and complete the short sale. 8 I Meeting Minutes Code Compliance Board Boynton Beach, FL February 15, 2012 Chair Costantino requested clarification on who owns the property. Mr. Handley confirmed he purchased the property with Wells Fargo Bank as the mortgaging company. They had to approve the short sale and as a result, it had been going on for quite some time. It was confirmed that this property was a rental when they purchased another home and now had both properties in short sale status. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2 -84 through 2 -89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of December 16, 2009 to an amount of $5,634.12 including administrative costs. Ms. Carroll seconded the motion that unanimously passed. Case No. 11 -1968 Ocean Properties 777, LLC Property Address: 1510 SW 8 Street Violation(s): LDR CH 4, SEC 11, 6 INC Skip Lewis, Senior Code Compliance Officer, reviewed the details of the case. The property was cited July 27, 2011, to restore property to the most recently approved site plan with the City, including landscaping and irrigation. In addition, the owner was to maintain the parking as per the approved plan. Certified mail was on January 11, 2012 to the owner and the agent. The lighting portion had complied. The owner was present. The City recommended 90 days. James Orefice, 1147 Hillsborough Mile, Hillsborough Beach, was the owner of the property. Mr. Orefice pleaded no contest. He advised he had been in touch with David Howell of Home Depot to discuss the electrical issue. He advised he would get an independent circuit that would allow compliance. When the property was purchased, the lighting and irrigation were part of a grid from which Home Depot was the supplier. He also had discussions with the landscaping and irrigation planners. A couple of companies involved in the original plans would be contacted to see if the situation could be rectified. There were discrepancies and issues regarding who had the plans. Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Ocean Properties 777, 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 May 15, 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, 9 Meeting Minutes Code Compliance Board Boynton Beach, FL February 15, 2012 a fine in the amount of $250 per day for each day the violation continues past May 15, 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 passed 6 -1 (Ms. Carroll dissenting). Case No. 11 -2337 C /HP Cove, Inc. Property Address: 8 Southern Cross Circle Violation(s): CH 10 SEC. 10- 56(A)(B)(D)(E)(F) Numerous Repair Issues throughout all buildings, units and outside areas Officer Herring presented the case as contained in the notice of violation. He advised he had several conversations with the management and originally indicated if they began fixing the stairwells with missing railings, he would table the case as something this large required time. On January 12, 2012, the railings were being repaired. However, the company performing the work, NOVA, was doing the repairs without a permit, so work was stopped. They were then given a compliance date to obtain a permit of January 17, 2012, which did not occur. On January 26, 2012, Officer Herring sent a separate notice giving until February 7 and nothing was done. On February 13 a permit was applied for and approved. Mark Woods, Regional Property Manager for The Lynn Co, the management company for the owners, advised he understood the agreement was that as long as progress was made, compliance would be maintained. Management immediately began addressing all the items which could be addressed by the staff. A licensed contractor was hired to do the work requiring him to obtain the proper permits. Officer Herring was notified that work had commenced, provided a copy of the contract and then sometime later, the information was received that they were not in compliance. Management still had not been aware of why the work was stopped. The contractor could have received the notices. Mr. Woods feels their intentions are good and does not want to put it off. He noted there were a number of things that are due to age of the property and some are ongoing maintenance issues which were taken care of on a daily basis. There was continued discussion and opinions on what had occurred over the period of time. In response to Ms. Yerzy's inquiry of why the property manager did not notice there was not a permit on the building, Mr. Woods advised the property manager was not aware that it was needed. It was left up to the contractor. Mr. Woods had pictures of all the items on the list originally cited and which ones had been completed. He had the notes of the original maintenance supervisor and invoices from a pest control company for the wasp nests. The only thing that stopped forward progress on these issues was the fact the permit was not acquired by the contractor. 10 Meeting Minutes Code Compliance Board Boynton Beach, FL February 15, 2012 Ms. Yerzy inquired whether the contractor had received an engineering report and had he advised how many days the work until the work was completed. Walisa Brown, 5428 Sealine Boulevard, Greenacres, was the property manager for the complex. She advised the contractor took three weeks to complete half of the property, and would take another three weeks to finish the other half. Many other items would continually be maintained. It was company policy to remedy any problem if it was a safety issue. It was confirmed that all work would require an engineering report. There was further discussion about the issues, the steps necessary to complete the work, and the reports required. Mr. Foot advised that the Respondent should be aware that there was a fine accruing of $1,000 per day, with 61 days at present. More discussion ensued regarding the timeline of events. Mr. Foot suggested tabling the matter to the March meeting and advised the Respondent that the Board was the one that made the decisions. The Code Compliance Officer would not speak for the Board in offering assistance. Chair Costantino did not agree with tabling and suggested certifying the fine and could come before the Board at a later time for a lien reduction. Mr. Foot stated there was action on the Respondent's part to remedy the situation and did not feel a lien would help the situation move ahead, but may impede the situation. Liens interfere with financing of properties and could be a problem. He was not modifying the fine amount, but wanted it tabled. Motion Mr. Foot moved to table action on this issue until March 21, 2012. The motion was seconded by Ms. Carroll. The motion failed 3 -4. (Chair Costantino, Ms. Yerzy, Vice Chair Yerzy, Mr. Cole dissenting.) Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole 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 $1000 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. Yerzy seconded the motion that passed 4 -3. (Mr. Foot, Ms. Carroll, Mr. Bucella dissenting). 11 I Meeting Minutes Code Compliance Board Boynton Beach, FL February 15, 2012 Case No. 11 -3289 7 -11, Inc. Property Address: 850 Gateway Boulevard Violation(s): BBA FBC '07 ED/ 105.1 Permit required for remodeling Courtney Cain, Code Compliance Officer, reviewed the details of the case. This was a referral from the City. The initial inspection was January 4, 2012. The number of days given to comply was ten days. Green card was signed on January 30, 2012. The Respondent was present. Damian Ramino, 5643 New Cambridge Road, Orlando was the contractor who performed the work. He pleaded no contest. He advised he was not notified formally and did not realize he would be present alone at the meeting. He advised the property would be put into compliance within the ten days of the red tag. He applied for an electrical permit and it was denied. He advised he requested a full set of prints from the architect and would supply them to the City and as long as the permit takes to get approved, it would be a matter of one or two inspections. Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that 7 -11, 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 March 31, 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 March 31, 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. Chair Costantino called a recess at 8:48 p.m. The meeting reconvened at 8:56 p.m. Case No. 11 -2981 John Dvoracek & E.W. Lammi 1460 NW 1 Street CO CH10 SEC 10 -56 (A)(B)(D) No rear door and broken windows Officer Cain presented the case as contained in the notice of violation. Staff recommended 10 days to comply. 12 Meeting Minutes Code Compliance Board Boynton Beach, FL February 15, 2012 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that John Dvoracek and E.W. Lammi 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 February 25, 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 February 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. Yerzy and unanimously passed. Case No. 11 -3184 Toussaint Charlemond 120 NE 7 Avenue CO CH10 SEC 10 -56 (A)(B)(E) CO CH10 SEC 10 -57 (A)(B) Remove trash and debris Remove mold in kitchen areas Repair kitchen cabinet Repair all electrical outlets Repair Roof Remove unregistered vehicles Officer Cain presented the case as contained in the notice of violation. Staff recommended 30 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Toussaint Charlemond 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 16, 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 March 16, 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 I Meeting Minutes Code Compliance Board Boynton Beach, FL February 15, 2012 Case No. 11 -3302 Bryan A. Sulph 111 S. Atlantic Drive CO CH 10 SEC 10 -56 (A) Repair driveway Officer Cain presented the case as contained in the notice of violation. Staff recommended 30 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Bryan A. Sulph 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 16, 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 March 16, 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 -3440 Clarence & Stephanie R. Lane Mims 621 NW 2nd Street BBA FBC '07 ED 105.1 Permit expired Officer Cain presented the case as contained in the notice of violation. Staff recommended 30 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Clarence & Stephanie R. Lane Mims 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 March 16, 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 $200 per day for each day the violation continues past March 16, 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 14 I Meeting Minutes Code Compliance Board Boynton Beach, FL February 15, 2012 compliance with this Order. The motion was seconded by Mr. Yerzy and unanimously passed. Case No. 11 -2372 Peters 1406 N. Federal Hwy, LLC 1406 N. Federal Hwy CO CH10 SEC 10 -56 (A)(B)(D) Repair fence and screening Pressure clean and paint wall Trim all overgrowth Replace dead or missing shrubs Lift canopy of interior trees to 6ft. 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, Vice Chair Yerzy moved that this Board find that Peters 1406 N. Federal Hwy, 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 February 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 $200 per day for each day the violation continues past February 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 -3143 Ramona Majaraj 2301 N. Congress Avenue, #22 CO CH13 SEC 13 -16 Obtain Business Tax Receipt 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, Vice Chair Yerzy moved that this Board find that Ramona Majaraj is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct 15 Meeting Minutes Code Compliance Board Boynton Beach, FL February 15, 2012 the violation on or before February 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 $150 per day for each day the violation continues past February 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 -3146 Matthew Graham 2303 N. Congress Avenue #11 CO CH13 SEC 13 -16 Obtain Business Tax Receipt 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, Vice Chair Yerzy moved that this Board find that Matthew Graham 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 February 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 $150 per day for each day the violation continues past February 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 Mr. Foot and unanimously passed. Case No. 11 -3160 Barbara Samuels & Adrienne Schauer 2305 N. Congress Avenue, #12 CO CH13 SEC 13 -16 Obtain Business Tax Receipt Officer Cain presented the case as contained in the notice of violation. Staff recommended 10 days to comply. 16 Meeting Minutes Code Compliance Board Boynton Beach, FL February 15, 2012 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Barbara Samuels & Adrienne Schauer 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 February 25, 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 $150 per day for each day the violation continues past February 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 Vice Chair Yerzy and unanimously passed. Case No. 11 -3162 Kaiser Shekha & Robert Giles 2305 N. Congress Avenue, #18 CO CH13 SEC 13 -16 Obtain Business Tax Receipt 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, Vice Chair Yerzy moved that this Board find that Barbara Samuels & Adricnnc Schauer Kaiser Shekha & Robert Giles 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 February 25, 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 $150 per day for each day the violation continues past February 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 Mr. Cole and unanimously passed. Case No. 11 -3163 Lucy Kam 2305 N. Congress Avenue, #21 CO CH13 SEC 13 -16 Obtain Business Tax Receipt 17 Meeting Minutes Code Compliance Board Boynton Beach, FL February 15, 2012 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, Vice Chair Yerzy moved that this Board find that Lucy Kam 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 February 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 $150 per day for each day the violation continues past February 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 -3165 Todd & Cynthia Corabi Autumn E. & James A. Luciani 2305 N. Congress Avenue, #33 CO CH13 SEC 13 -16 Obtain Business Tax Receipt 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, Vice Chair Yerzy moved that this Board find that Todd & Cynthia Corabi and Autumn E. & James A. Luciani 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 February 25, 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 $150 per day for each day the violation continues past February 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. Yerzy and unanimously passed. 18 I Meeting Minutes Code Compliance Board Boynton Beach, FL February 15, 2012 Case No. 11 -3170 Sharon Cohn 2305 N. Congress Avenue, #32 CO CH13 SEC 13 -16 Obtain Business Tax Receipt 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. Foot moved that this Board find that Sharon Cohn 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 February 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 $150 per day for each day the violation continues past February 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 Vice Chair Yerzy and unanimously passed. Case No 11 -3273 Douglas A. Smigel 2307 N. Congress Avenue, #13 CO CH13 SEC 13 -16 Obtain Business Tax Receipt 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. Foot moved that this Board find that Douglas A. Smigel 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 February 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 $150 per day for each day the violation continues past February 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 19 I Meeting Minutes Code Compliance Board Boynton Beach, FL February 15, 2012 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 -3279 Kristen Harper 2307 N. Congress Avenue, #32 CO CH13 SEC 13 -16 Obtain Business Tax Receipt 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, Vice Chair Yerzy moved that this Board find that Kristen Harper 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 February 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 $150 per day for each day the violation continues past February 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 Mr. Cole and unanimously passed. Case No. 11 -3343 Victor & Barbara Dieguez 2313 N. Congress Avenue, #17 CO CH13 SEC 13 -16 Obtain Business Tax Receipt 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, Ms. Yerzy moved that this Board find that Victor & Barbara Dieguez 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 February 25, 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 $150 per day for each day the violation continues past February 20 I Meeting Minutes Code Compliance Board Boynton Beach, FL February 15, 2012 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 Vice Chair Yerzy and unanimously passed. Case No. 11 -3345 Victor & Barbara Dieguez 2313 N. Congress Avenue, #13 CO CH13 SEC 13 -16 Obtain Business Tax Receipt 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. Foot moved that this Board find that Victor & Barbara Dieguez 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 February 25, 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 $150 per day for each day the violation continues past February 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 Vice Chair Yerzy and unanimously passed. Case No. 11 -3177 Bank of America 131 NW 10 Street CO CH 10 SEC 10 -51.5 INC Maintain property Repair or replace roof Officer Herring presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Bank of America 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 February 25, 2012. The Board has considered the gravity of 21 I Meeting Minutes Code Compliance Board Boynton Beach, FL February 15, 2012 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 February 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 Mr. Cole and tfflaneasly passed 6 -1 (Mr. Foot dissenting.) Case No. 11 -3255 Citibank 805 SW 1 Avenue CO CH10 SEC 10 -51.5 INC Register property Mow yard and trim overgrowth 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. Bucella moved that this Board find that Citibank 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 February 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 $250 per day for each day the violation continues past February 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 -2315 Home Depot USA 1500 SW 8 Street LDR CH 4 SEC. 11 LDR CH 4 ART VI INC. LDR CH 4 ART VII Entire site must meet Code Restore landscaping Stop signs must be visible Officer Lewis presented the case as contained in the notice of violation. Staff recommended five months to comply. 22 Meeting Minutes Code Compliance Board Boynton Beach, FL February 15, 2012 Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Home Depot USA 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 July 14, 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 $300 per day for each day the violation continues past July 14, 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 -2683 Lendalk Properties, LLC 665 South Road BBA FBC '07 ED. 105.1 Obtain Business Tax Receipt Officer Lewis 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, Mr. Cole moved that this Board find that Lendalk Properties, 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 April 15, 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 April 15, 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 -2745 R &C Hotels, Inc. 614 NE 8 Street CO CH10 SEC. 10 -56(B) LDR CH 4 ART IV SEC. 4.A.7 Obtain Permit to repair sign Maintain sign 23 I Meeting Minutes Code Compliance Board Boynton Beach, FL February 15, 2012 Officer Lewis presented the case as contained in the notice of violation. Staff recommended 30 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that R &C Hotels, 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 March 16, 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 March 16, 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 -2886 George & Yvette Williams 110 NE 27 Avenue CO CH15 SEC. 15- 120(D) INC CO CH 10 SEC. 10 -52 Maintain private property Remove inoperable vehicles Officer Lewis presented the case as contained in the notice of violation. Staff recommended 30 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that George & Yvette Williams 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 March 16, 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 $150 per day for each day the violation continues past March 16, 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. 24 I Meeting Minutes Code Compliance Board Boynton Beach, FL February 15, 2012 Case No. 11 -3081 Emigrant Mortgage Co. 714 Presidential Drive CO CH 10 SEC. 10 -51.5 INC Register property Mow yard and trim overgrowth Officer Lewis presented the case as contained in the notice of violation. Staff recommended 30 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Emigrant Mortgage 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 March 16, 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 March 16, 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 -3287 William M. Ganoe 460 Ocean Parkway CO CH10 SEC. 10 -56 (A)(D) Secure property Officer Lewis 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 William M. Ganoe 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 February 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 $500 per day for each day the violation continues past February 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 25 Meeting Minutes Code Compliance Board Boynton Beach, FL February 15, 2012 re- inspection of the property to verify compliance with this Order. The motion was seconded by Ms. Yerzy and unanimously passed. Case No 11 -3459 Mark Behar 717 NE 10 Avenue CO CH13 SEC. 13 -16 CO CH15 SEC. 15 -120 (D) INC Remove all trash and debris Mow yard and trim overgrowth Register property Officer Lewis presented the case as contained in the notice of violation. Staff recommended 7 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Mark Behar 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 February 22, 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 February 22, 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 -3461 Joseph & Marie St. Leger 181 N. Atlantic Drive CO CH15 SEC. 15- 120(D) INC CO CH 10 SEC. 10 -52 Maintain private property Remove inoperable vehicles Officer Lewis presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that a Cease and Desist Order be issued giving Joseph & Marie St. Leger 26 I Meeting Minutes Code Compliance Board Boynton Beach, FL February 15, 2012 until February 25, 2012 to bring the violation of City of Boynton Beach Code Section as cited into compliance. 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 a fine in the amount of $500 per reoccurrence of the violation thereafter shall be imposed on the Respondents. The motion was seconded by Mr. Cole and unanimously passed. Case No. 11 -3399 Georgene S. Barger 134 SE 26 Avenue CO CH13 SEC. 13 -16 Obtain Business Tax Receipt Officer Melillo presented the case as contained in the notice of violation. Staff recommended 10 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Georgene S. Barger 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 February 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 $150 per day for each day the violation continues past February 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 Vice Chair Yerzy and unanimously passed. Case No. 11 -3442 Lamy Pierre 438 SW 10 Avenue CO CH10 SEC. 10 -56 (A)(D) Remove blue tarp, repair roof Officer Roy presented the case as contained in the notice of violation. Staff recommended 30 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that Marlar Lamy Pierre is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct 27 Meeting Minutes Code Compliance Board Boynton Beach, FL February 15, 2012 the violation on or before March 16, 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 $300 per day for each day the violation continues past March 16, 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. Officer Roy requested the following cases to be certified at $100 per day: Case No. 11 -2705 US Bank Nat'I Assoc. 1020 NW 8 Street Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent has not complied with this Board's Order dated December 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 $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 -2864 US Bank Nat'I Trustee. 116 NW 6 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 December 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 $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 Roy requested the following case to be certified at $150 per day: Case No. 11 -2316 Sunpoint Savings Bank 901 S. Federal Hwy 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 28 Meeting Minutes Code Compliance Board Boynton Beach, FL February 15, 2012 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 $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 Roy requested the following cases to be certified at $200 per day: Case No. 11 -2947 Patreese Harvey 2745 NW 2 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 December 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 $200 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case No. 11 -2674 Suntrust Mortgage, Inc. 412 SW 10 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 December 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 $200 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case No. 11 -2861 HSBC Bank USA Nat'l Assn Tr. 708 NW 1 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 December 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 $200 per day plus administrative costs which shall continue to accrue 29 Meeting Minutes Code Compliance Board Boynton Beach, FL February 15, 2012 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 -2973 BAC Home Loans Servicing 2935 SE 1 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 December 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 $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 Roy requested the following case to be certified at $250 per day: Case No. 11 -2731 Capstone Resdev LLC 101 S. Federal Hwy 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 December 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 $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. Vice Chair Yerzy seconded the motion that unanimously passed. Officer Roy requested the following cases to be certified at $300 per day: Case No. 11 -2980 John Dvoracek & E.W. Lami 1460 NW 1 Street Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that the Respondents have not complied with this Board's Order dated December 21, 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 $300 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered 30 Meeting Minutes Code Compliance Board Boynton Beach, FL February 15, 2012 based upon this certification of fine. Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 11 -1586 Bank of New York Mellon 501 W. Ocean Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that the Respondent has not complied with this Board's Order dated December 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 $300 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. Vice Chair Yerzy seconded the motion that unanimously passed. Officer Roy requested the following cases be certified a fine plus nuisance abatement: Case No. 11 -3004 Aida Rivera 1622 NE 4 Court 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 December 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 $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. Mr. Bucella seconded the motion that unanimously passed. Motion Based on testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that there exists a threat to public health, safety and welfare and pursuant to Section 2 -79 of the City's Code of Ordinances direct City officials to take all necessary action to correct the violation and to recover any costs and expenses incurred from the property owner. Ms. Yerzy seconded the motion that unanimously passed. 31 I Meeting Minutes Code Compliance Board Boynton Beach, FL February 15, 2012 Case No. 11 -3129 Haibin Zheng 204 NE 12 Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that the Respondent has not complied with this Board's Order dated January 8, 2012, 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. Motion Based on testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that there exists a threat to public health, safety and welfare and pursuant to Section 2 -79 of the City's Code of Ordinances direct City officials to take all necessary action to correct the violation and to recover any costs and expenses incurred from the property owner. Ms. Yerzy seconded the motion that unanimously passed. Case No. 11 -3264 Clyde & Alberta Jones 1625 NE 2 Street Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondents have not complied with this Board's Order dated January 18, 2012, and having considered the gravity of the violation, and the actions taken by the Respondents, 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 Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Motion Based on testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that there exists a threat to public health, safety and welfare and pursuant to Section 2 -79 of the City's Code of Ordinances direct City officials to take all necessary action to correct the violation and to recover any costs and expenses incurred from the property owner. Vice Chair Yerzy seconded the motion that unanimously passed. 32 Meeting Minutes Code Compliance Board Boynton Beach, FL February 15, 2012 Case No. 11 -2869 Raymond & Linda Avallone 1622 NE 4 Court Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that the Respondents have not complied with this Board's Order dated December 21, 2011, and having considered the gravity of the violation, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $200 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Motion Based on testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that there exists a threat to public health, safety and welfare and pursuant to Section 2 -79 of the City's Code of Ordinances direct City officials to take all necessary action to correct the violation and to recover any costs and expenses incurred from the property owner. Ms. Yerzy seconded the motion that unanimously passed. Officer Roy requested the following cases be certified as no fine": Case No 11 -1335 Deutsche Bank Nat'l Trust 1144 SW 27 Place Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent, Deutsche Bank Nat'l Trust, was in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Order of July 20, 2011 and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent, that this Board impose and certify "No Fine." Mr. Cole seconded the motion that unanimously passed. Case No. 11 -2704 Countrywide Home Loans, Inc. 908 NW 10 Avenue Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent, Countrywide Home Loans, Inc. was in violation of the City of Boynton Beach Code section as cited subsequent to the 33 Meeting Minutes Code Compliance Board Boynton Beach, FL February 15, 2012 date of compliance specified in the Board's Order of December 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." Mr. Cole seconded the motion that unanimously passed. Case No. 11 -2706 Washington Mutual Bank 842 NW 8 Avenue Motion Based on testimony and evidence presented in the aforementioned case, Vice Chair Yerzy moved that this Board find that the Respondent, Washington Mutual Bank, was in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Order of December 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." Mr. Cole seconded the motion that unanimously passed. Officer Roy requested the following cases be tabled to March 21, 2012: Case No. 11 -2388 Frandieu Nazaire 607 S. Seacrest Blvd. Motion Vice Chair Yerzy moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on March 21, 2012. Mr. Cole seconded the motion that unanimously passed. Case No. 11 -2463 Jerome Daniel 1621 NW 1 Court Motion Mr. Cole moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on March 21, 2012. Vice Chair Yerzy seconded the motion that unanimously passed. VII. Election of Officers Chair Costantino advised she would entertain motions for the Chair, Vice Chair and Second Vice Chair. 34 I Meeting Minutes Code Compliance Board Boynton Beach, FL February 15, 2012 Motion Mr. Colc Vice Chair Yerzy moved to retain Michele Costantino as Chair. The motion was seconded by Mr. Cole and unanimously passed. Motion Mr. Cole moved to retain Richard Yerzy as Vice Chair. The motion was seconded by Mr. Cele Foot and unanimously passed. Motion Vice Chair Yerzy moved to appoint Robert Foot as Second Vice Chair. The motion was seconded by Mr. Cole and unanimously passed. VII. Adjournment Motion There being no further business, the meeting was adjourned at 9:30 p.m. ,X1 1( C Ellie Caruso Recording Secretary 35