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Minutes 04-18-12 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, APRIL 18, 2012, AT 6:30 P.M., IN COMMISSION CHAMBERS CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Shana Bridgeman, Assistant City Attorney Robert Bucella Diane Springer, Code Compliance Coordinator Kathleen Carroll Gary Cole Robert Foot Rose Marie Yerzy ABSENT: Richard Yerzy, Vice Chair I. Call to Order Chair Costantino called the meeting to order at 6:31 p.m. II. Approval of Minutes of March 19, 2012 Lien Reduction and March 21, 2012 Code Board Minutes The following changes were made to the March 19, 2012 Lien Reduction minutes: Page 6, Case #10 -73, the respondent is Bank of America, not Wiley Page 7, Case # 11 -272, should be 11 -242. Also, second paragraph, Ms- Paladino should be Mr. Paladino. Page 9, Case #11 -272, second paragraph, should read Case #11 -242. Page 10, Case #11 272, second paragraph, should read Case #11 -242. Motion Mr. Foot moved to approve the minutes as amended. Ms. Carroll seconded the motion that unanimously passed. Meeting Minutes Code Compliance Board Boynton Beach, FL April 18, 2012 The following changes were made to the March 21, 2012 Code Compliance minutes: Page 8 — Case # 11 -3552, should be 11 -3352. Page 20 — The Respondent's name should be Dorsonne, not Sorconne. Page 24 — should read "Officer Pierre requested a Lien Certification for a Cease and Desist Order ". Motion Mr. Foot moved to approve the minutes as amended. Mr. Bucella seconded the motion that unanimously passed. III. Approval of Agenda John Herring, Code Compliance Officer, announced the following changes to the agenda: Case No. 11 -3448 was requested to be tabled to May 16, 2012. Motion Mr. Foot moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on May 16, 2012. Ms. Carroll seconded the motion that unanimously passed. Case Nos.: 12 -150, 12 -367, 12 -354, 12 -292, 12 -187, 11 -3221, 12 -6, and 12 -36 had complied. Case No.: 11 -2730 and 11 3342 was closed. Motion Mr. Foot moved to accept the agenda. Ms. Carroll seconded the motion that unanimously passed. IV. Swearing in of Witnesses and Introduction Attorney Bridgeman explained the hearing procedures and administered the oath to all who intended to testify. 2 Meeting Minutes Code Compliance Board Boynton Beach, FL April 18, 2012 V. New Business Officer Herring called the roll and determined who was present. Chair Costantino requested to move Old Business, Item D. Lien Reduction, Case No. 08 -3901 to the beginning of the meeting. Case No. 08 -3901 Raymond P. Marasco 1704 SW 18 Street Chair Costantino, explained that at the last lien reduction meeting, Joseph Fisher, representative of Bank of America, informed the Board that the owner of the property, Bank of America, was planning to donate this property to Habitat for Humanity. They were looking for a complete lien reduction. It was the Board's opinion to have Bank of America supply a letter, as well as Habitat for Humanity, to prove that this was what was going to take place. The letter received was in the Board packet. Chair Costantino opined that the letter received was not sufficient and instead of setting the lien, would like to give them additional time to supply what was requested. There was discussion and a suggestion of releasing the lien subject to Bank of America delivering transfer of title. Attorney Bridgeman advised that it was not possible to attach a condition. It was suggested to table the case to next month's regular Code meeting. Motion Ms. Carroll moved to table the case to the May 16, 2012 meeting. Mr. Cole seconded the motion that unanimously passed. Case No. 12 -262 W. J. Priff Property Address: 330 High Point Court Violation(s): CO CH 2.5 SEC 2.5 -12, 13 Excessive false alarms and service fee Pete Roy, Chief Code and Rehabilitation Officer, presented the case, which arose from a City referral. The initial inspection date was February 12, 2012. The original written notice was on February 13, 2012. Staff recommended 10 days for compliance. Certified mail was sent on March 7, 2012. The Respondent owes $1,025 for the excessive false alarms. Jeff Tomberg, 626 SE 4 Street, Boynton Beach, personal representative for The Estate of W. J. Priff entered a plea of no contest. Mr. Tomberg advised Mr. Priff became ill in the middle of December of 2011. Mr. Priff had no family and his estate would be going to different charities. Mr. Tomberg requested that since Mr. Priff was hospitalized and transferred to a nursing home from the end of December until his death on April 4 the fine be reevaluated. Mr. Tomberg notified the City on February 16, 2012 when he first learned of the situation, and indicated that he was not immediately 3 Meeting Minutes Code Compliance Board Boynton Beach, FL April 18, 2012 aware that Mr. Priff had been ill. He further stated he was a model citizen and had not had any prior situations. He indicated the motion detectors would go off when the neighbors put newspapers in the door. Mr. Tomberg indicated he immediately contacted Code Enforcement when he learned of the lien and contacted the alarm service to discontinue the service. He requested a reduction to an amount that would be reasonable. Chair Costantino inquired as to the dates Mr. Priff was hospitalized and the dates of the false alarms. Officer Roy indicated that there were conversations between Mr. Tomberg and Ms. Springer and that Ms. Springer or the police department were the only ones who could release the amount. Mr. Foot reminded the Board that they were only present to hear the case and determine that the fines were justified and paid. There was discussion on time frame for the fines to be paid as there were mitigating factors and to give Mr. Tomberg adequate time to attempt reduction of the fines. Diane Springer, Code Compliance Coordinator, informed the Board that before the case was brought before the Board, she determined that they are false alarms. The only way a false alarm could be reduced would be if it was a faulty alarm system and documentation was presented in the form of a work order that the alarm system had been repaired for the dates in question. She had no proof that this was a faulty alarm system. As a representative for the Chief of Police, Ms. Springer deemed these were false alarms. Mr. Tomberg stated he was representing the estate and was asking that the mitigating factors be taken into consideration. Mr. Foot suggested he appeal his case to Ms. Springer as the Board had no authority. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that The Estate of W. J. Priff is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before June 17, 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 $25 per day for each day the violation continues past June 17, 2012, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Cole seconded the motion that unanimously passed. Case No. 12 -271 Graceworks, LLC (Southern Dance Theatre) Property Address: 1203 Knuth Road Violation(s) CO CH 2.5 SEC 2.5 -12, 13 Excessive false alarms and service fee 4 Meeting Minutes Code Compliance Board Boynton Beach, FL April 18, 2012 Ms. Springer presented the case as noted above. The complaint came in as a City Department referral. The initial inspection was completed on February 2, 2012 for excessive false alarms. Staff had recommended 15 days to correct the violation. There had been correspondence between the tenant and the City. It was stated a work order would need to be submitted within 30 days of evidence that the alarm system had been worked on by the alarm company. Ms. Springer advised she had not received anything that would allow her to waive or lower the alarm fees. Staff recommended 10 days for compliance. Penni Greenly, 4783 Palo Verde Drive, Boynton Beach, was the President of Southern Dance Theatre and Graceworks, LLC, pled no contest. She advised she wanted to request an installment schedule for the fine. Ms. Springer indicated she was previously paying $100 per month per an agreement and the City would agree to continue with the $100 per month for the new fine of $1,000. Ms. Greenly advised she had numerous letters sent between herself and Ms. Springer since October 6 She sent a packet with what she believed to be what the City requested, which were the problems that had occurred and what had been done to rectify them. There was discussion on the amount of time needed to pay the fine and to continue paying $100 per month. Ms. Greenly would have 60 days to make her payment and /or payment arrangements. All funds would be due within 10 months. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Graceworks, LLC is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation or before June 17, 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 $25 per day for each day the violation continues past June 17, 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. Ms. Carroll seconded the motion that unanimously passed. Case No. 12 -100 BAC Home Loans Servicing Property Address: 80 Baytree Circle Violation(s): CO CH 10 SEC 10 -51.5 INC. Register and secure property. Repair roof, damaged ceiling and walls. Remove all trash and debris. Exterminate rodents. 5 Meeting Minutes Code Compliance Board Boynton Beach, FL April 18, 2012 Courtney Cain, Code Compliance Office, presented the case. He noted this was a citizen complaint. Initial notice was a written notice and the number of days given to comply was 14 days. The Respondent was present. Rachel Hyman, attorney for Shapiro, Fishman & Gashay, 2424 North Federal Hwy, Suite 360, Boca Raton, pled no contest. She was requesting 60 days to come into compliance. There would be two motions. One would be to secure the property and another for the remainder of the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that BAC Home Loans Servicing is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation of Registration of the Property and securing the property on or before May 3, 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 May 3, 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. Ms. Carroll seconded the motion that unanimously passed. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that BAC Home Loans Servicing is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the remaining violations on or before June 17, 2012. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $500 per day for each day the violations continue past June 17, 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. Ms. Carroll seconded the motion that unanimously passed. 6 Meeting Minutes Code Compliance Board Boynton Beach, FL April 18, 2012 Case No. 12 -146 Bank of America Property Address: 3071 N. Evergreen Circle Violation(s): CO CH10 SEC 10 -51.5 INC Register property. Officer Cain presented the case and stated it was a citizen complaint. The initial inspection date occurred on January 30, 2012, for the violation noted above. They were given 10 days to comply. The Respondent was present. Melissa Muros, attorney, Robertson, Anschutz & Schneid, 3010 N. Military Trail, Boca Raton, pled no contest. She advised the property had been registered but inadvertently left off the name of the property manager and requested a 15 day extension for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Bank of America is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before May 3, 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 May 3, 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. Ms. Yerzy seconded the motion that unanimously passed. Case No. 12 -405 Charles R. Herring, Sr. Property Address: 134 SE 8 Avenue Violation(s): CO CH15 SEC 15 -120 (D)1 INC CO CH10 SEC 10 -56(A) (D) Remove all unlicensed and inoperable vehicles. Remove all outside storage. Remove blue tarp, repair or replace roof. Luney Guillaume, Code Compliance Officer, presented the case as noted in the staff report. The Respondent was present. Charles R. Herring, Sr., 134 SE 8 Avenue, pled no contest. He advised that most of the cleaning was done. He stated the only problem he was having was with the roof. It was going to take a lot of money and he needed more time to procure the funding. Mr. Foot inquired of Mr. Herring how much time he felt was needed to repair the roof. Mr. 7 Meeting Minutes Code Compliance Board Boynton Beach, FL April 18, 2012 Herring requested four months for the roof. The Board agreed and also suggested 15 days for compliance on the other violations. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Charles R. Herring, Sr. is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations of clean -up and removing the vehicle on or before May 3, 2012. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past May 3, 2012, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Bucella seconded the motion that unanimously passed. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Charles R. Herring, Sr. is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation of repairing or replacing the roof on or before August 16, 2012. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past August 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. Ms. Yerzy seconded the motion that unanimously passed. Case No. 09 -3852 Crystal Key at Woolbright Place Property Address: SW 8 Street Violation(s): LDR CH 4 SEC 11 LDR CH 7.5 II SEC 5(B) Restore berm area to reflect current site plan. Officer Roy presented the case as noted above and advised it was a citizen complaint. The initial inspection date was December 10, 2009. Staff recommended 10 days be given to correct the violation. He noted the current site plan which should be on file with the City, could be found. A plan of action was requested from the property manager, Lynn Greenburg regarding Phase I. Nothing had occurred to date. The City was requesting 60 days to submit the plan and finish the work in Phase I through III. 8 Meeting Minutes Code Compliance Board Boynton Beach, FL April 18, 2012 Abner Galdos, President of Crystal Key, 174 Hemming Way, Boynton Beach, pled no contest and advised there was an agreement with the City. However, the individuals the agreement was originally made with are not present. Connie Galdos, 174 Hemming Way, advised the agreement was made with the City in 2009. Present were Scott Blasie, Kevin Hallahan and Carisse LeJeune. It was decided at that time, after going through the property and the original violations, as long as Crystal Key complied in steps to bring the property up to what the City wanted, the opportunity would be given for full compliance. She advised compliance occurred, but Ms. Greenburg was no longer the property manager. She did not tell anyone what was going on. She advised they are present without representation but wanted to explain to the Board and the City that the necessary steps were being taken as agreed to at the 2009 meeting. Officer Roy advised they had not contacted Mr. Hallahan although there were several emails between him and Ms. Greenburg, who had since left. Officer Roy informed the Board he had left a voicemail with the new manager, Joyce Martelli to contact Mr. Hallahan and submit a plan of action. Mr. Galdos advised the property was in the preserve, on the outside of Crystal Key. Nothing could be done with this huge piece of property. Originally, the violation was for invasive plants in addition to other items. Since then, all the invasives had been eradicated and everything the City required was completed. Unfortunately, with foreclosures, the funds were limited and the agreement was that as long as improvement was ongoing, the City would allow things to continue the way they were. The last step was to add vegetation. Originally the site plan required a large amount of material that somehow mysteriously disappeared. The problem was communication and finding out what could be planted. There was discussion about the original timeline and who was spoken to regarding the issues. Mr. Galdos commented the management company, APM, was supposed to inform the City what was done. Chair Costantino inquired how long was needed to be in touch with Mr. Hallahan to determine what should be done. Mr. Galdos advised he would try to call Mr. Hallahan immediately and give him the required information. Mr. Foot mentioned that if the original site plan could not be located, how would the berm area be restored to a current site plan if there was not one. The violation stated the berm was not restored to reflect the current site plan. There was no site plan so there, in essence, was no violation and the case should be closed. There was brief discussion on this issue and a suggestion to table for 30 days. Attorney Bridgeman agreed that if the property was being cited for not complying with the site plan and there was no site plan, there was nothing to comply with. 9 Meeting Minutes Code Compliance Board Boynton Beach, FL April 18, 2012 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Crystal Key at Woolbright Place is not in violation of the City of Boynton Beach Code section as cited. Mr. Bucella seconded the motion that passed 5 -1. (Chair Costantino dissenting.) Case No. 11 -2816 Deutsche Bank National Trust Property Address: 2671 NW 1 Street Violation(s): CO CH10 SEC 10 -51.5 INC Register property. Permit required for carport enclosure. Mow, weed, trim property, and remove all trash and debris. Replace water meter and turn water on. Officer Pierre presented the case as contained in the notice of violation. The notice of violation was dated October 13, 2011. The number of days of non - compliance was 58 days at $100 per day. The Respondent was present. Salvatore Zambito, 2671 NW 1 Street, Boynton Beach, advised he was not present representing Deutsche Bank, but was representing himself as the new owner of the property. He was present in December at the Code hearing, with the attorney who was present. He signed a contract to purchase the property in December of 2011 and commented that Deutsche Bank was given 60 days to be in compliance. The purpose of that was that the closing was to take place January 1, 2012, and the agreement then was that the property would be brought to compliance by him. He presented the affidavit of closing. He did not close on the property until March 16, 2012. Most of the items had been complied with. He pled no contest and advised this was not his responsibility. Chair Costantino advised that the purpose of this hearing was to certify a fine. Mr. Zambito commented that the hearing was to fine Duetsche Bank, not him, the owner of the property. Chair Costantino reminded Mr. Zambito that when a property was cited, the fine stayed with the property, no matter who the property owner was. For the record, the only item left was to secure a permit for enclosing the carport. Mr. Foot inquired of Attorney Bridgeman if a fine was accruing, but had not been certified for lien status, does the fine go away with the transfer of the property or does the new owner become responsible for the accruing fine? Attorney Bridgeman stated that the fine attaches to the violator and the lien attaches to the property. The lien had not been certified and there had been no notice to this current violator. The certification would have to be against the Bank. Officer Pierre advised the Bank did register the property. That part of the violation was complied when the attorney asked for more time in December. When the new owner 10 Meeting Minutes Code Compliance Board Boynton Beach, FL April 18, 2012 purchased the property, the new owner should be cited to obtain a permit for the wall. This case should be disposed of and a new case should be created. Motion Ms. Carroll moved to close Case No. 11 -2816 effective this date. Ms. Yerzy seconded the motion that unanimously passed. Case No. 12 -29 Sem Po Ying Property Address: 1461 NW 1 Court Violation(s): BBA FBC '07 ED. 105.1 Obtain permit to replace water heater. Officer Pierre presented the case as contained in the notice of violation. Staff recommended 10 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Sem Po Ying are in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before April 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 April 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. Ms. Carroll seconded the motion that unanimously passed. Case No. 12 -256 Frank Nigro Property Address: 125 Flamingo Drive Violation(s): CO CH15 SEC 15 -120 (D) INC Remove unregistered /inoperable vehicle from carport. Officer Pierre presented the case as contained in the notice of violation. Staff recommended 10 days for compliance. 11 Meeting Minutes Code Compliance Board Boynton Beach, FL April 18, 2012 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that Frank Nigro is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before April 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 April 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. Ms. Carroll seconded the motion that unanimously passed. Case No. 12-440 Becky and Carlos Morales Property Address: 1400 NW 1 Court Violation(s): CO CH15 SEC 15 -120 (D) INC Remove all loose trash in swale area. Officer Pierre presented the case as contained in the notice of violation. Staff recommended seven days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Becky and Carlos Morales 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 April 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 $200 per day for each day the violation continues past April 25, 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. Ms. Carroll seconded the motion that unanimously passed. Case No. 12 -359 James Schaeffer & Madalyn James Property Address: 70 Sausalito Drive Violation(s): BBA FBC '07 ED. 105.1 AC permit has expired. Officer Cain presented the case as contained in the notice of violation. Staff recommended 10 days for compliance. 12 Meeting Minutes Code Compliance Board Boynton Beach, FL April 18, 2012 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that James Schaeffer and Madalyn James 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 April 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 April 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. Ms. Carroll seconded the motion that unanimously passed. Case No. 12-404 Robert W. Weber, Jr. Property Address: 213 SE 3rd Avenue, 3A Violation(s): CO CH15 SEC 15 -120 (D) INC Remove all pyramids and pipes from right -of- way and remove stops behind dumpster. Officer Guillaume presented the case as contained in the notice of violation. Staff recommended tabling the case until May 16, 2012. Motion Mr. Foot moved to table the aforementioned case to May 16, 2012. Ms. Carroll seconded the motion that unanimously passed. Case No. 12 -173 Paul M. Maiorana Property Address: 1416 Meadows Circle, W Violation(s): CO CH10 SEC 10 -56 (D) (E) Remove mold from interior of unit and secure property. Officer Herring presented the case as contained in the notice of violation. Staff recommended 10 days for compliance. The mold had been removed, but the property remained unsecured. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Paul M. Maiorana is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before April 28, 2012. The Board has considered the gravity of the violation, the 13 Meeting Minutes Code Compliance Board Boynton Beach, FL April 18, 2012 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 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. Ms. Carroll seconded the motion that unanimously passed. Case No. 11 -2912 Patrick McKenna Property Address: 2520 NE 1 Court Violation(s): BBA FBC '07 ED. 105.1 Secure all required permits. Skip Lewis, Senior Code Compliance Officer, presented the case as contained in the notice of violation. Staff recommended 15 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Patrick McKenna is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before May 3, 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 May 3, 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. Ms. Yerzy seconded the motion that unanimously passed. Case No. 12 -120 Gregory G. Van Vliet Property Address: 1830 N. Seacrest Blvd. Violation(s): CO CH10 SEC 10 -56 (A) (D) (E) Repair or replace deteriorated roof. Repaint exterior where deteriorated. Remove trash and debris. Replace of repair and resurface driveway. Obtain building permits. Officer Lewis presented the case as contained in the notice of violation. Staff recommended five months for compliance. Motion 14 Meeting Minutes Code Compliance Board Boynton Beach, FL April 18, 2012 Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Gregory G. Van Vliet is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violations on or before September 19, 2012. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past September 19, 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. Ms. Yerzy seconded the motion that unanimously passed. Case No. 12 -208 U.S. Bank National Assn. Trustee Property Address: 428 NE 14 Avenue Violation(s): CO CH13 SEC 13 -16 CO CH 15 SEC 15 -120 (D) INC Business Tax Receipt required to rent unit. Remove all trash, debris and outside storage. Officer Lewis presented the case as contained in the notice of violation. Staff recommended 15 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that U.S. Bank National Assn. Trustee is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violations on or before May 3, 2012. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $200 per day for each day the violations continue past May 3, 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. Ms. Carroll seconded the motion that unanimously passed. Case No. 12 -239 Vernon Thompson Jr. Tr. Property Address: 821 NE 1 Street, #1 Violation(s): CO CH15 SEC 15 -120 (D) INC. Repair or replace broken AC unit in Unit #8 and any other units. Remove trash, debris and inoperable vehicles. 15 Meeting Minutes Code Compliance Board Boynton Beach, FL April 18, 2012 Officer Lewispresented the case as contained in the notice of violation. Staff recommended 15 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Vernon Thompson, Jr. Tr. is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before May 3, 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 May 3, 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. Ms. Carroll seconded the motion that unanimously passed. Case No. 12 -315 Daniel & Woyaline Dirogene Property Address: 1635 NE 4 Court Violation(s): CO CH10 SEC 10 -56 (D) Secure property. Officer Lewis presented the case as contained in the notice of violation. Staff recommended 15 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Daniel and Woyaline Dirogene 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 May 3, 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 May 3, 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. Ms. Carroll seconded the motion that unanimously passed. 16 Meeting Minutes Code Compliance Board Boynton Beach, FL April 18, 2012 Case No. 12 -398 Ernst Hilaire & lmmaculee Laurenvil Property Address: 1509 NE 2 Court Violation(s): CO CH 4 SEC 4 -18 CO CH 15 SEC 15 -120 (D) Remove inoperable vehicles, trash and debris, and chickens and roosters. Officer Lewis presented the case as contained in the notice of violation. Staff recommended 15 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Ernst Hilaire & Immaculee Laurenvil are in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondents correct the violations on or before May 3, 2012. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $300 per day for each day the violations continue past May 3, 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. 12-401 Marie Alice Alexis Property Address: 2645 NE 4 Street Violation(s): CO CH10 SEC 10 -56(B) (D) CO CH 15 SEC 15 -120 (D) INC Remove all auto parts, trash and debris from the rear, sides and front of the property. Cease auto repair on the property. Install house numbers to be seen from street. Officer Lewis presented the case as contained in the notice of violation. Staff recommended 15 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that Marie Alice Alexis is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before May 3, 2012. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, 17 Meeting Minutes Code Compliance Board Boynton Beach, FL April 18, 2012 a fine in the amount of $300 per day for each day the violations continue past May 3, 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. Ms. Carroll seconded the motion that unanimously passed. Case No. 11 -3246 Irena Lyubarsky Property Address: 56 Lancaster Road Violation(s): CO CH13 SEC 13 -16 Business Tax Receipt required to rent unit. Mike Melillo, Senior Code Compliance Officer, presented the case as contained in the notice of violation. He advised the Respondent's attorney contacted him and stated she had been very sick for quite some time and did not have knowledge of any violations. He advised he would take care of it. Staff recommended 30 days for compliance. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that Irena Lyubarsky is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before May 18 45, 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 $50 per day for each day the violation continues past May 18 45, 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. Ms. Carroll seconded the motion that unanimously passed Case No. 12 -112 John J. Blevins, Jr. Property Address: 1468 SW 25 Place, #A Violation(s): BBA FBC '07 ED. 105.1 Obtain permit for roof and remodeling. Officer Melillo presented the case as contained in the notice of violation Staff recommended 10 days for compliance. He advised this had been going on for a long time. The bank was in the process of foreclosing on the property. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that John J. Blevins, Jr. is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation 18 Meeting Minutes Code Compliance Board Boynton Beach, FL April 18, 2012 on or before April 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 April 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. Ms. Carroll seconded the motion that unanimously passed. Case No. 12 -261 Joseph M. & Beverly K. Tucker Property Address: 219 SE 23 Avenue Violation(s): CO CH13 SEC 13 -16 CO CH 2 SEC 2.5 -12, 13 Business Tax Receipt required rent unit. Excessive alarms. Officer Melillo presented the case as contained in the notice of violation. Staff recommended 10 days for compliance. He advised the alarm fee had now been paid. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that Joseph M. & Beverly K. Tucker are in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondents correct the violations on or before April 28, 2012. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past April 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. Ms. Carroll seconded the motion that unanimously passed. Officer Herring requested the following cases be certified at $150 per day: Case No. 11 -3302 Bryan A. Sulph 111 S. Atlantic Drive 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 February 15, 2012, and having considered the gravity of the violation, and 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 19 Meeting Minutes Code Compliance Board Boynton Beach, FL April 18, 2012 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 -3343 Victor & Barbara Dieguez 2313 N. Congress Ave, #17 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that the Respondents have not complied with this Board's Order dated February 15, 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 $150 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case No. 11 -3399 Georgene S. Barger 134 SE 26 Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that the Respondent has not complied with this Board's Order dated February 15, 2012, and having considered the gravity of the violation, and the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $150 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Officer Herring requested the following cases be certified at $200 per day: Case No. 11 -692 Carmelo Campos 330 NE 16 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 May 18, 2011, and having considered the gravity of the violation, and 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. Foot seconded the motion that unanimously passed. 20 Meeting Minutes Code Compliance Board Boynton Beach, FL April 18, 2012 Case No. 11 -3177 Bank of America 131 NW 10 Court 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 February 15, 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 $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. Foot seconded the motion that unanimously passed. Officer Herring requested the following cases be certified at $250 per day: Case No. 11 -3184 Toussaint Charlemond 120 NE 17 Avenue 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 February 15, 2012, and having considered the gravity of the violations, and the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $250 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case No. 11 -3255 Citibank NA Trustee 805 SW 1 Avenue 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 February 15, 2012, and having considered the gravity of the violations, and the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $250 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case No. 11 -2952 American Asset Holdings 1660 Renaissance Commons Blvd, #2124 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 21 Meeting Minutes Code Compliance Board Boynton Beach, FL April 18, 2012 Order dated January 18, 2012, and having considered the gravity of the violations, and the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $250 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Officer Herring requested a Lien Certification and Order to Abate the Nuisance for the cases listed below: Case No. 11 -3287 William M. Ganoe 460 Ocean Parkway 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. Carroll seconded the motion that unanimously passed. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated February 15, 2012, and having considered the gravity of the violation, and 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. Mr. Cole seconded the motion that unanimously passed. Case No. 11 -2981 John Dvoracek & E. W. Lammi 2460 NW 1 Street Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondents have not complied with this Board's Order dated February 15, 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 $500 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Yerzy seconded the motion that unanimously passed. 22 Meeting Minutes Code Compliance Board Boynton Beach, FL April 18, 2012 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. Mr. Foot seconded the motion that unanimously passed. Officer Herring requested the following cases be certified as "No Fine ": Case No. 11 -3170 Sharon Cohn 2303 N. Congress Ave., #32 Motion Based on testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that the Respondent 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 February 15, 2012, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify "No Fine." Ms. Carroll seconded the motion that unanimously passed. Case No. 11 -3273 Douglas A. Smigel 2307 N. Congress Ave., #13 Motion Based on testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that the Respondent 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 February 15, 2012, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify "No Fine." Ms. Carroll seconded the motion that unanimously passed. Case No. 11 -3279 Kristen Harper 2307 N. Congress Ave., #32 Motion Based on testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that the Respondent 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 February 15, 2012, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous 23 Meeting Minutes Code Compliance Board Boynton Beach, FL April 18, 2012 violations of the Respondent, that this Board impose and certify "No Fine." Ms. Carroll seconded the motion that unanimously passed. Case No. 11 -2886 George & Yvette Williams 110 NE 27 Avenue Motion Based on testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that the Respondents 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 February 15, 2012, and in consideration of the gravity of the violation and the actions taken by the Respondents to remedy the violation and the previous violations of the Respondents, that this Board impose and certify "No Fine." Ms. Carroll seconded the motion that unanimously passed VII. Adjournment There being no further business to discuss, the meeting was properly adjourned at 8:17 p.m. C Ellie Caruso Recording Secretary 24