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Minutes 05-16-12 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, MAY 16, 2012, AT 6:30 P.M., IN COMMISSION CHAMBERS CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Robert Bucella Kathleen Carroll Gary Cole Robert Foot Shana Bridgeman, Assistant City Attorney Diane Springer, Code Compliance Coordinator ABSENT: Richard Yerzy, Vice Chair Rose Marie Yerzy I. Call to Order Chair Costantino called the meeting to order at 6:30 p.m. Approval of Minutes of April 16, 2012, Lien Reduction and April 18, 2012, Code Board Minutes The following changes were made to the April 16, 2012, Lien Reduction minutes: · Page 1, Case NO.1 0-2994 - The address should be 1199 SW 25th Avenue. · Page 4, Case No. 11-1271 - The address should be 60 Bay tree Lane. Mr. Cole requested an addition on page 5, Case No. 11-1271. He did not state for the record that the name on the mortgage and eviction papers matched and he requested it be included in the minutes. Motion Mr. Carroll moved to accept the minutes with the amendment. Mr. Bucella seconded the motion that unanimously passed. The following changes were made to the April 18, 2012, Code Compliance minutes: · Page 2, Case No. 11-3342 was included in the minutes in error. This case was not on the agenda. 1 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2012 · Page 18, Case No. 11-3246 - the compliance dates in the motion paragraphs should read May 18, 2012, instead of May 15, 2012. Motion Mr. Foot moved to approve the minutes as amended noting he had only checked the items he participated in. Mr. Cole seconded the motion that unanimously passed. III. Approval of Agenda Pete Roy, Code Compliance Officer, announced the following changes to the agenda: Case Nos: 12-404, 12-310, 12-464, and12-448 complied. Case Nos: 12-429 and 12-494 were removed. Motion Ms. Carroll moved to approve the agenda. Mr. Foot seconded the motion that unanimously passed. IV. Swearing in of Witnesses and Introduction Attorney Bridgeman explained the hearing procedures and administered an oath to all who intended to testify. V. New Business Officer Roy called the roll and determined who was present. Case No. 12-624 Property Address: Violation( s): Evelyn & Jose Alamo 190 NW 14th Court CO CH15 SEC 15-120(E) (D) INC Remove trash and debris including auto parts around property. Remove unregistered inoperable vehicles from property. Repair driveway. Vestiguerne Pierre, Senior Code Compliance Officer, presented the case for the above items as contained in the notice of violation. The Respondent was present. Evelyn Alamo, 2711 NE 4th Street, Boynton Beach, pled guilty and requested two months to repair the driveway. The other violations were addressed. Officer Pierre confirmed only the driveway remained outstanding, and he was fine with two months. 2 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2012 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Evelyn & Jose Alamo 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 July 15, 2012. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violation 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 continue past July 15, 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. 12-516 Property Address: Violation( s): Emigrant Funding Corp. 717 NE 10th Avenue CO CH15 SEC 15-120(D) INC CO CH13 SEC 13-16 CO CH10 SEC 10-56(B) Business Tax Receipt required to rent property. Mow and trim overgrown yard, Re-sod dead areas of lawn, remove trash and debris. Skip Lewis, Senior Code Compliance Officer, presented the case for the above items as contained in the notice of violation. Staff recommended 15 days be given to correct the violations. The unit was a multi-family unit. The Respondent was present. Joy Mattingly, representing Emigrant Funding Corp., 624 N. Flagler Drive, West Palm Beach, pled no contest. She requested 15 days to correct the violations but preferred 30 days for the Business Tax Receipt. The property was currently under consideration to be sold to a new owner who would be responsible for the Business Tax Receipt. She commented the unit was occupied under the prior owner, but Emigrant was not collecting any rent. She was not aware of any rent being collected. Officer Lewis commented the property was cited before the Bank took ownership. It was owned by Mark Behar who had not had a Business Tax Receipt since 2009 and was collecting rent. There have been complaints from the Police Department and he had to recite the property once they took ownership. He explained there was a buyer, but they do not plan on doing anything to bring it into compliance. They would let the next purchaser address the violations, which he would have to cite after this case. He had not been inside the unit, and no inspections were made to verify whether there were any safety issues or funds collected. The prior owner knew about the violations as the property was a foreclosure. There have been numerous complaints from the neighbors regarding the aesthetics of the property. The mowing was addressed, but he could not testify to the management of the eight units, which were all occupied. 3 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2012 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Emigrant Funding Corp 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 31, 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 $250 per day for each day the violations continue past May 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. Mr. Bucella seconded the motion that unanimously passed. Case No. 11-3448 Property Address: Violation( s): David Dennis 1314 S. Seacrest Boulevard FBC '04 ED 104.1.1 Permit expired and red-tagged. Obtain permit. Officer Roy presented the case for the above item as contained in the notice of violation. Staff recommended 30 days be given to correct the violations. The red-tag was for the expired permit. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that David Dennis 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 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 $150 per day for each day the violation continues past June 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. Ms. Carroll seconded the motion that unanimously passed. Case No. 11-233 Property Address: Violation( s): B. J. & Jacqueline Fitzpatrick 208 NE 1 st Street 6 CO CH10 SEC 10-2 CO CH13 SEC 13-16 CO CH15-120 (D) INC. CO CH15-120(B) 1 CO CH10 SEC 10-56(A) (B) (D) (H) 4 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2012 Trim right-of-way on the south side of the property. Remove or trim Florida Holly. Replace or repair torn or missing patio screen. Repair or replace missing soffit screen. Repair broken windows. Mow, weed and trim property. Remove outside storage. Obtain a Business Tax Receipt to rent property. Remove bees from property. Repair all rotted fascia and soffit on all units. John Herring, Code Compliance Officer, presented the case for the above items as contained in the notice of violation. All the violations were corrected except for the Business Tax Receipt and minor outside storage issues. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that B.J. & Jacqueline Fitzpatrick 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 26, 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 $100 per day for each day the violations continue past May 26,2012 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. There was discussion the Respondent was a repeat violator; however, he had cured several of the violations. Vote Ms. Carroll amended her motion to $250. Mr. Foot seconded the motion that unanimously passed. Case No. 11-2077 Property Address: Violation< s): Eric & Catherine Johansen 2110 Tuscany Way CO CH13 SEe 13-16 Business Tax Receipt needed to rent property. Officer Herring presented the case for the above items as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. 5 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2012 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that Eric and Catherine Johansen are in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondents correct the violations on or before May 26, 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 May 26, 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. Foot seconded the motion that unanimously passed. Case No. 11-2078 Property Address: Violation< s): Christopher Bull 2116 Tuscany Way CO CH13 SEC 13-16 Business Tax Receipt needed to rent property. Officer Herring presented the case for the above items as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented the aforementioned case, Mr. Cole moved that this Board find that Christopher Bull 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 26, 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 26, 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. 11-2084 Property Address: Violation< s) Benjamin D. Lifland 2206 Tuscany Way CO CH130 SEC 13-16 Business Tax Receipt needed to rent property. Officer Herring presented the case for the above items as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. 6 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2012 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that Benjamin D. Lifland 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 26, 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 26, 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. 11-2277 Property Address: Violation( s): Tang Services Inc. 2412 Tuscany Way CO CH13 SEC 13-16 Business Tax Receipt needed to rent property. Officer Herring presented the case for the above items as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Tang Services Inc. is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before May 26, 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 26, 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. 11-2278 Property Address: Violation( s): Blue Star Realty LLC 2305 Tuscany Way CO CH13 SEC 13-16 Business Tax Receipt required to rent property. Officer Herring presented the case for the above items as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. 7 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2012 Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Blue Star Realty LLC is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before May 26, 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 26, 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. 11 -2290 Eugene H. & Nadia Cromwell Property Address: 2415 Tuscany Way Violation(s): CO CH 13 SEC 13 -16 Business Tax Receipt required to rent property. Officer Herring presented the case for the above items as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Eugene H. & Nadia Cromwell 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 26, 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 May 26, 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. Bucella seconded the motion that unanimously passed. Case No. 12 -385 Hong Lei & Jenny Cai Property Address 3113 N. Evergreen Circle Violation(s): CO CH 13 SEC 13 -16 CO-CH LDR CH 343 Art. IV SEC 3(D) (�) Business Tax Receipt needed to rent property. Have vehicle in operable condition and properly registered. Storage and sales of vehicles is prohibited in PID. 8 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2012 Officer Herring presented the case for the above items as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. The inoperable vehicles were gone; only the Business Tax Receipt needed to be obtained. It was determined a Cease and Desist Order for the vehicles would also be issued. The following motion was for the Business Tax Receipt: Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that Hong Lei & Jenny Cai 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 26, 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 May 26, 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. The following Cease and Desist Order was for the vehicles: Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that a Cease and Desist Order be issued giving Hong Lei & Jenny Cai until May 26, 2012, to bring the violations of City of Boynton Beach Code sections as cited into compliance. 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 a fine in the amount of $500 per recurrence of the violation thereafter shall be imposed upon the Respondents. Mr. Foot seconded the motion that passed unanimously. Case No. 12-456 Property Address: Violation( s): Maudira & Zelima Delhomme 815 NW 6th Avenue CO CH10 SEC 10-56(B) (C) (D) (G) CO CH 15 SEC 15-120(D) INC Remove Trash and debris, remove outside storage. Install four-inch house numbers on the building, visible from the street. Restore pool to sanitary condition. Officer Herring presented the case for the above items as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. The violations 9 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2012 were a health and safety hazard. The pool was green. Although it was fenced in, there were children on the premises. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that Maudira & Zelima Delhomme 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 26, 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 $500 per day for each day the violations continue past May 26, 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. The Respondent was a repeat violator and after brief discussion, it was decided a higher fine would be appropriate. Motion Based on the testimony and evidence presented in the aforementioned case, Bucella moved that this Board find that Maudira & Zelima Delhomme 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 26, 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 $1,000 per day for each day the violations continue past May 26, 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. 12-471 Property Address: Violation( s): Ryan Holmes 821 NW 8th Way CO CH1 0 SEC 10-56(A) (B) (D) Replace or repair damaged or rotted fascia. Repair, replace or removed damaged, rotted leaning fence. Install four-inch house numbers to be visible from the City Street. Officer Herring presented the case for the above items as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. 10 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2012 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Ryan Holmes 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 26, 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 May 26, 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. 12-218 Property Address: Violation( s): Scott Maesel 2303 S. Federal Highway # 18 CO CH13 SEC 13-16 Business Tax Receipt needed to rent property. Officer Pierre presented the case for the above items as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Scott Maesel 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 26,2012. 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 26, 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. 12-530 Property Address: Violation( s): Annie Jones 314 NW 3rd Street LDR CH3 ART. IV SEC 3(C) Stop auto repair in R-1 Zoning District. Remove all unregistered vehicles from the property. 11 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2012 Officer Pierre presented the case for the above items as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. A Cease and Desist Order was requested which encompassed both items. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that a Cease and Desist Order be issued giving Annie Jones until May 26,2012, to bring the violation of City of Boynton Beach Code sections as cited into compliance. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by the Respondents, and hereby orders that a fine in the amount of $500 per occurrence of the violation thereafter shall be imposed upon the Respondents. Ms. Carroll seconded the motion that passed unanimously. Case No. 12-583 Property Address: Violation( s): AI Hankerson Est. 320 NW 2nd Street CO CH 15 SEC 15-120(D) 1 B. Mow and trim alleyway. Remove trash and debris. Officer Pierre presented the case for the above items as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. The property was a mess and the complaint arose from a neighbor. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that AI Hankerson Est. is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before May 26, 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 May 26, 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. 12-630 Property Address: Violation(s): Leon I & Gail R. Jenkins 134 NW 10th Avenue CO CH15 SEC 15-120(D) INC. Units 1 and 4 are not safe to occupy until power is restored. Repair or replace broken windows. Remove unpermitted fence. Repair 12 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2012 fascia boards. Remove trash and debris from the property. Officer Pierre explained this case was supposed to be removed. Only two violations remained outstanding and the Respondent was working on the permit for the fence. Motion Mr. Foot moved to remove Case No. 12-630 from the agenda. Ms. Carroll seconded the motion that unanimously passed. Case No. 11.3369 Property Address: Violation< s): Silma Leonard 2317 N. Congress Ave. # 26 CO CH13 SEC 13-16 Business Tax Receipt needed to rent property. Courtney Cain, Code Officer, presented the case for the above items as contained in the notice of violation. Staff recommended 15 days be given to correct the violations. This was an individual unit within a multi-unit complex, with some units rented and some owner-occupied. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Silma Leonard 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 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 $100 per day for each day the violation continues past May 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. Ms. Carroll seconded the motion that unanimously passed. Case No.12-409 Property Address: Violation< s): Shawn Maesel 816 S. Seacrest Boulevard CO CH13 SEC 13-16 Business Tax Receipt needed to rent property. Officer Roy presented the case for the above items as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. 13 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2012 Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Shawn Maesel 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 26, 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 26, 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. Case No.12-418 Property Address: Violation(s): Wells Fargo Bank 1806 SW 19th Avenue CO CH10 SEC 10-51.5 INC. Property that is vacant or subject to current notice of default must be maintained per City Code. Repair or replace garage door. Officer Roy presented the case for the above items as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that Wells Fargo Bank is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before May 26, 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 26, 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. 12-338 Property Address: Violation( s): Edward Gonzalez Est. 1154 SW 27th Avenue CO CH15 SEC 15-120(D) INC. CO CH1 0 SEC 10-56(B) (C) Repair all broken windows, mow grass and weeds. Remove trash including boat and utility trailer. Replace or repair all screening around 14 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2012 pool to secure it. Maintain pool in a sanitary manner. Mike Mellilo, Senior Code Compliance Officer, presented the case for the above items as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. He explained the house was not an issue with the bank. The owner passed away and there was no lis pendens. The pool was wide open and the property was in terrible condition. The west side of the property was wide open and the pool water was black. There were boats and trash on the premises and no mortgage on the property. Diane Springer, Code Compliance Coordinator, stated she spoke to the complainant who indicated there were adult children involved. The complainant was angry that staff was citing the estate and felt the children should not be burdened. A buyer was interested in the property and mowed it, but could not do anything further until they purchased the property. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Edward Gonzalez, Est. 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 26, 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 $1 ,000 per day for each day the violations continue past May 26, 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. 12-351 Property Address: Violation( s): Heros A & Liliane Silva 3025 S. Federal Highway CO CH13 SEC 13-16 Business Tax Receipt needed to rent property. Officer Melillo presented the case for the above items as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. This complaint came from the Business Tax Receipt office as the property was a commercial property. The owner has not paid for the license for two years and was moving, but in the meantime was still open for business. 15 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2012 Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Heros A & Liliane Silva 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 26, 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 May 26, 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. Foot seconded the motion that unanimously passed. Case No. 12-374 Property Address: Violation( s): Isabel Sermeno 422 SW 5th Avenue CO CH 13 Sec 13-16 CO CH10 SEC 10-56 (A) (B) (C) (D) (G) Business Tax Receipt required to rent property. Remove trash and debris. Secure pool area and clean pool. Screens needed on windows. Soffit screens to be replaced. Officer Roy presented the case for the items noted above as contained in the notice of violation Staff recommended 10 days be given to correct the violations. Officer Roy had spokne with the owner earlier in the day who indicated it would be corrected within a few days. The property was vacant and the bank would take it over. If one could walk through the overgrowth on the way to the backyard, they could gain access to the pool; but the owner indicated it would be taken care of all at once. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Isabel Sermeno 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 26, 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 $1,000 per day for each day the violations continue past May 26, 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. 16 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2012 Case No. 12-415 Property Address: Violation( s): Aspile & Yolette G. Subtyl 214 SW 10th Avenue CO CH15 SEC 15-120(D) INC. Mow, weed and trim all overgrowth. Remove all outside storage, trash and debris. Officer Roy presented the case for the items noted above as contained in the notice of violation Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that Aspile & Yolette G. Subtyl 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 26, 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 May 26, 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. 12-421 Property Address: Violation( s): Private Capital Group 140 SW 7th Avenue CO CH1 0 SEC 10-51.5 INC. Property that is vacant or subject to current notice of default must be registered with the City and maintained per City Code. Mow, weed and trim all overgrowth. Officer Roy presented the case for the items noted above as contained in the notice of violation Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Private Capital Group 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 26, 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 May 26, 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- 17 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2012 inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case No. 12-536 Property Address: Violation(s): Gary Russell 345 SW 13th Avenue CO CH1 0 SEC 10-56(A) (C) (D) Secure pool. Repair fence around property. Officer Roy presented the case for the items noted above as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. There had been another case involving the same property which pertained to overgrowth and there had been a lien on the property. The pool was unclean and the fence was broken thereby providing access. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Gary Russell 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 26,2012. 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 $1,000 per day for each day the violation continues past May 26, 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. 12-542 Property Address: Violation( s): G & C Holdings LLC 1311 S Seacrest Boulevard CO CH14 SEC 14-3 CO CH15 SEC 15-120(D) INC Remove outside storage, trash and debris. Remove oversized truck. Mow, weed and trim property and maintain per City Code. Officer Roy presented the case for the items noted above as contained in the notice of violation Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that G & C Holdings LLC is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before May 26, 2012. The Board has considered the gravity of the 18 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2012 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 $250 per day for each day the violations continue past May 26, 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. Officer Roy requested the following cases be certified at $100 per day: Case No. 11-3421 David & Nataliya Giordano 2315 N. Congress Ave. #31 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 March 31, 2012, and having considered the gravity of the violation, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Case No. 11-2522 Ronald Luongo 3204 Tuscany Way 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 March 21, 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 $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. 11-2527 Ronald Luongo 3221 Tuscany Way 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 March 21, 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 $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. 19 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2012 Case No. 11.2904 William & Lori Padilla 3319 Tuscany Way 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 March 21, 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 $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 be certified at $150 per day: Case No. 11-3453 HSBC Bank USA National Assoc. 708 NW 1st 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 March 21, 2012, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $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 case be certified at $250 per day: Case No. 11-3397 Karen J. Efron Tr. 190 SE 27th Place 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 March 21, 20112, 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. Mr. Bucella seconded the motion that unanimously passed. Officer Roy requested the following case be certified at $500 per day: 20 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16,2012 Case No. 12-34 Marcellus Jean Francois 238 SW 5th Avenue 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 March 21, 2012, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $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. Officer Roy requested the following case be certified at $1,000 per day: Case No. 12-52 u.s. Bank National Tr. 1530 Rialto Drive 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 March 21, 2012 and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $1,000 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Officer Roy requested the following case be certified at $150 a day plus Nuisance Abatement: Case No. 12-126 Thomas A. Agius 3350 Ocean Parkway 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 March 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 $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. Mr. Bucella seconded the motion that unanimously passed. 21 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16,2012 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. Ms. Carroll seconded the motion that unanimously passed. Officer Roy requested the following cases be certified as uNo Fine": Case No. 11-3171 Kristi Ballard 2303 N. Congress Ave. #33 Motion Based on testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that the Respondent, Kristi Ballard, 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 March 21, 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. 11-3367 Robert Medina, Jr. 2317 N. Congress Ave. #24 Motion Based on testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that the Respondent, Robert Medina, Jr., was in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Order of March 21, 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. 11-3424 Patricia A. Hershey 2315 N. Congress Ave. #38 Motion Based on testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that the Respondent, Patricia A. Hershey, 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 March 21, 2012, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the 22 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2012 previous violations of the Respondent, that this Board impose and certify "No Fine." Ms. Carroll seconded the motion that unanimously passed. Case No. 11-3427 Michael & Marta Antoine 2319 N. Congress Ave. #13 Motion Based on testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that the Respondents, Michael & Martha Antoine, 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 March 21, 2012, and in consideration of the gravity of the violation and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents, that this Board impose and certify "No Fine." Ms. Carroll seconded the motion that unanimously passed. Case No. 11-3217 Julie & John Galassini TR. 4307 Tuscany Way Motion Based on testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that the Respondents, Julie & John Galassini TR., 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 March 21, 2012, and in consideration of the gravity of the violation and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents, that this Board impose and certify "No Fine." Ms. Carroll seconded the motion that unanimously passed. Case No. 12-97 Franck & Ascania Alfred 431 SW 4th Avenue Motion Based on testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that the Respondents, Frank & Ascania Alfred, were in violation of the City of Boynton Beach Code sections as cited subsequent to the date of compliance specified in the Board's Order of March 21, 2012, and in consideration of the gravity of the violations and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents, that this Board impose and certify "No Fine." Ms. Carroll seconded the motion that unanimously passed. Case No. 12-233 Hyrus & Marie Dorsonne 420 SW 3rd Avenue Motion Based on testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that the Respondents, Hyrus & Marie Dorsonne, were in 23 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16, 2012 violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Order of March 21, 2012, and in consideration of the gravity of the violation and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents, that this Board impose and certify "No Fine." Ms. Carroll seconded the motion that unanimously passed. Officer Roy requested the following cases be tabled to June 20, 2012: Case No 11-2953 Adalgisa Scotuzzi 1690 Renaissance Commons Boulevard #1304 Motion Ms. Carroll moved to table Case No. 11-2953 to June 20,2012. Mr. Cole seconded the motion that unanimously passed. Case No. 12-210 Stephen Geiger 608 NE 2nd Street Motion Ms. Carroll moved to table Case No. 12-210 to June 20,2012. Mr. Cole seconded the motion that unanimously passed. Case No. 12-15 Finbar E. Quinn 141 Lancaster Road Motion Ms. Carroll moved to table Case No. 12-15 to June 20,2012. Mr. Cole seconded the motion that unanimously passed. Case No. 11-3289 7 Eleven Inc. 850 Gateway Boulevard Motion Ms. Carroll moved to table Case No. 11-3289 to June 20,2012. Mr. Cole seconded the motion that unanimously passed. Chair Costantino reviewed she had requested the next item be tabled pending receipt of documentation showing the Bank was donating the property to Habitat for Humanity. Copies of the document were included in the meeting materials and were reviewed. Chair Costantino was satisfied with the paperwork and requested the Board consider imposing just the administrative fees since those costs come from the department's budget. Provisions for payment of any fees that would be imposed were included in the document. 24 Meeting Minutes Code Compliance Board Boynton Beach, FL May 16,2012 Case No. 08-3901 Raymond P. Marasco 1704 SW 18th Street Motion Based on 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. Bucella moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of January 21, 2009, to an amount of $634.12, including administrative costs. Ms. Carroll seconded the motion that unanimously passed. D. Appointing Temporary Vice Chairperson Chair Costantino requested this item be put on the agenda because Vice Chair Yerzy was recuperating very slowly and would not be present at the meeting next month. He would still be the Vice Chair, but someone had to cover that position until such time as he could indicate what his plans were. Ms. Carroll was the next senior member of the Board and was asked to serve. Ms. Carroll declined due to her schedule. Mr. Cole was approached to serve as Vice Chair, which he accepted. Motion Mr. Foot so moved for Mr. Cole to serve as Vice Chair. Ms. Carroll seconded the motion that unanimously passed. VII. Adjournment Motion Mr. Bucella moved to adjourn. Ms. Carroll seconded the motion that unanimously passed. The meeting was adjourned at 7:27 p.m. Catherine Cherry Recording Secretary 051712 25