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Minutes 06-20-12 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, JUNE 20, 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 Gary Cole, Second Vice Chair Diane Springer, Code Compliance Coordinator Robert Bucella Kathleen Carroll Rose Marie Yerzy ABSENT: Robert Foot, Vice Chair I. Call to Order Chair Costantino called the meeting to order at 6:30 p.m. She announced that before the meeting proceeded, the Board would take a few moments to remember Mr. Richard Yerzy. She said a few words about him, addressed Mrs. Yerzy and introduced Willie Webb, retired Code Officer to offer words of comfort. Also speaking on behalf of Richard Yerzy were Scott Blasie, Mark Karageorge and James Brake. II. Approval of Minutes of May 16, 2012, Code Board Minutes and May 21, 2011 Lien Reduction Minutes The following change was made to the May 16, 2012, Code Board minutes: • Page 8, Case No. 12 -385 — The violation code should be LDR CH3 ART.IV SEC (D). Motion Mr. Cole moved to accept the minutes as amended. Ms. Carroll seconded the motion that unanimously passed. The following changes were made to the May 21, 2012, Lien Reduction minutes: • Page 1, Item III — Swearing in of Witness — The "distribution of reduction procedures were distributed to the respondents" instead of the Board. • Page 8, Case No. 11 -1172 — The address should read 115 SE 14 Ave. 1 Meeting Minutes Code Compliance Board Boynton Beach, FL June 20, 2012 Motion Ms. Carroll 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: 08 -2511 tabled to August 15, 2012. Motion Mr. Cole moved to table the aforementioned case to August 15, 2012. The motion was seconded by Ms. Carroll and unanimously passed. Case Nos: 12 -515, 12 -481, 12 -565, and 12 -694 complied. Motion Ms. Carroll moved to approve the agenda as amended. Mr. Cole 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 Herring called the roll and determined who was present. Case No. 12 -890 Jane A. Lindros & William R. Zigmont, Jr. Property Address: 1001 NE 7 Street Violation(s): CO CH10 SEC 10 -56 (A)(B) CO CH15 SEC 15 -120 (D) INC Mow, weed and trim all overgrowth. Remove all inoperable vehicles and outside storage. John Herring, Code Compliance Officer, presented the case for the above items as contained in the notice of violation. This was a citizen complaint. The Respondent was present. 2 Meeting Minutes Code Compliance Board Boynton Beach, FL June 20, 2012 Jane Lindros, 1001 NE 7 Street, Boynton Beach, pled no contest. She advised she had been working for the past week and there are no inoperable vehicles. The property had been edged, mowed, and trimmed. The tag was taken off the Silverado but should be resolved this week. She was given 30 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Jane A. Lindros and William R. Zigmont, Jr. 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 July 20, 2012. The Board has considered the gravity of the violations, 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 $200 per day for each day the violations continue past July 20, 2012, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Yerzy seconded the motion that unanimously passed. Case No. 12 -470 Bank of New York Property Address: 5 Corrie Place Violation(s): CO CH10 SEC 10 -51.5 INC Make repairs to any structural members and paint. Replace rotted exterior siding. Officer Herring presented the case for the above items as contained in the notice of violation. This was the result of a citizen complaint. Initial inspection date was March 13, 2012. Thirty days were given to comply. The Respondent was present. Maxwell Tyler Hamilton, attorney with Robertson, Anschutz and Schnied, 3010 N. Military Trail, Suite 300, Boca Raton, pled not guilty. He advised the firm recently became counsel of record on this property. As soon as the violation was known, the Bank made repairs to the property. He requested that he be advised what repairs were left and he would take care of the situation. He requested 60 days. Officer Herring noted that there was a bee infestation cited in the past and it still existed. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that Bank of New York 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 August 19, 2012. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the 3 Meeting Minutes Code Compliance Board Boynton Beach, FL June 20, 2012 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 August 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. Carroll seconded the motion that unanimously passed. Case No. 12 -709 Lori Podray Property Address: 220 SW 1 Street Violation(s): CO CH 10 SEC 10 -56 (A)(B) CO CH 15 SEC 15 -120 (D) INC. Remove all outside storage and inoperable vehicles from property. Office Herring presented the case for the above item as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. The owner was not cooperative. To comply, the property owner installed a fence to enclose the visible violation and the fence was not permitted. The fence, however, was not part of the case. This was a repeat violator. Lori Podray, 42 South Harbor Drive, pled no contest. She advised there was outside storage and she spoke to the tenant and the outside storage was removed. She stated she had pictures of the property taken this date and indicated there was no outside storage anymore. Officer Herring showed the pictures to the Board that were taken when the violation was noted. There was a lengthy discussion, with the Respondent becoming agitated at times regarding the issue of the fence being erected to hide the violation. Ms. Podray advised it was not a new fence; the fence had always been there but was repaired. Ms. Springer indicated Ms. Podray called the office and spoke to her, as well as Officer Roy. She advised she was aware of the violation and explained she put the fence up to come into compliance and asked if it was necessary to look over the fence. Ms. Springer reviewed the State Statute which stated extreme measures could not be used to look into someone's property. Officer Roy looked over the fence, using no extreme measures to view the violation still existed behind a newly erected fence. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Lori Podray 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 July 5, 2012. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $500 per day for each day the violation continues past July 5, 2012, plus administrative 4 Meeting Minutes Code Compliance Board Boynton Beach, FL June 20, 2012 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. Ms. Podray argued about the 15 day time frame. She advised everyone else was getting 30 and 45 days, but she was getting 15 days. After several continued outbursts, she was escorted out of the Chambers by a police officer. Case No. 11 -2463 Daniel Jerome Property Address: 1621 NW 1 Court Violation(s): CO CH15 SEC 15 -210 (D) INC Repair fence, clean front and rear of property, remove all trash and debris and ensure all vehicles have tags and are in good running condition. Courtney Cain, Code Compliance Officer, presented the case for the above items as contained in the notice of violation. The hearing took place on December 21, 2011 and no one appeared. Compliance date and proposed fine set by the Board was January 20, 2012 or $200 per day. The violation still existed for 151 days of non - compliance. Daniel Jerome, 1621 NW 1 Street, advised all his vehicles had tags and were running. He had most of the cleanup completed but when the violation occurred, he was ready to go into the hospital. While he had an operation, his wife passed away. Between his job and taking care of his son, in addition to dealing with the death of his wife, he got behind. He requested two months to complete compliance. Chair Costantino reminded Mr. Jerome that there was a $200 fine running on the property. There was discussion on how to dispose of the case to everyone's satisfaction. Ms. Carroll suggested tabling the case for 30 days and see what progress Mr. Jerome could make in that time. Motion Ms. Carroll moved to table the aforementioned case to July 18, 2012. Mr. Cole seconded the motion that unanimously passed. Case No. 12 -100 BAC Home Loans Servicing Property Address: 80 Baytree Circle Violation(s): CO CH10 SEC 10 -51.5 INC Property must be registered. Secure property, repair roof, remove mold and repair damaged ceiling and walls, remove all trash and debris, and exterminate rodents. 5 Meeting Minutes Code Compliance Board Boynton Beach, FL June 20, 2012 Officer Cain presented the case for the above items as contained in the notice of violation. Code Compliance hearing date was April 18, 2012 and Richard Hyman appeared. Compliance date and proposed fine set by the Board was May 3, 2012 or $150 per day. The violation still existed for 47 days of non - compliance. Ben Werber, Attorney with Shapiro, Fishman and Geshay, 2424 North Federal Highway, Suite 360, Boca Raton, was representing the Bank. He advised the property was registered on April 19, 2012 and asked for 60 days to comply. The agent responsible for the property had told the Bank that there was a tenant living on the property, but the paperwork stated it was vacant. Ms. Springer clarified this was a first Board order and all that was required was to register and secure the property. The other violations had until June 17 to comply and would be on next month's hearing docket. Motion Ms. Carroll moved to table the aforementioned case to July 18, 2012. Mr. Cole seconded the motion that unanimously passed. Case No. 12 -609 Central Mortgage Company Property Address: 1050 NW 4 Street Violation(s): CO CH10 SEC 10 -51.5 INC Property must be registered. Secure property, repair or replace broken windows. Officer Cain presented the case for the above items as contained in the notice of violation. Staff recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Central Mortgage Company 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 June 30, 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 June 30, 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. 6 Meeting Minutes Code Compliance Board Boynton Beach, FL June 20, 2012 Case No. 12 -741 Charlie & Geneva McClindon Property Address: 642 NW 5 Street Violation(s): CO CH10 SEC 10 -56 (D) Secure property. Officer Cain 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 Charlie and Geneva McClendon 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 June 30, 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 $300 per day for each day the violation continues past June 30, 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 -765 Trudevelopment, Inc. Property Address: 3120 East Atlantic Drive Violation(s): CO CH13 SEC 13 -16 BBA FBC '07 ED 105.1 Business Tax Receipt needed to rent property. A permit is required for the installation of the fence. Officer Cain 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 Trudevelopment 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 June 30, 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 $150 per day for each day the violations continue past June 30, 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 7 Meeting Minutes Code Compliance Board Boynton Beach, FL June 20, 2012 the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case No. 12 -254 1200 West Industrial LLC, Euro Auto Service Property Address: 1200 West Industrial Avenue Violation(s) 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 60 days be given to correct the violations as he cannot get the Business Tax Receipt until some permitted items are worked out between the City Building Department and their architect. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that 1200 West Industrial LLC, Euro Auto Service 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 August 19, 2012. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $300 per day for each day the violation continues past August 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. Carroll seconded the motion that unanimously passed. Case No. 12 -539 Jean & Marie Thermilus Property Address: 1001 NW 7 Street Violation(s): CO CH15 SEC 15 -120 (C) INC CO CH15 ART IX, SEC 15- 118/119 Have sprinkler systems in operable condition. Have all sprinkler heads spray water onto own property. Remove all unregistered and /or inoperable vehicles. 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 Jean and Marie Thermilus are in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the 8 Meeting Minutes Code Compliance Board Boynton Beach, FL June 20, 2012 violations on or before June 30, 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 June 30, 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 -615 Al Hankerson, Est. Property Address: 320 NW 2 Street Violation(s): CO CH15 SEC 15 -120 (D) INC. CO CH10 SEC 10 -56 (B)(D)(E)(G)(H) Repair or replace all broken windows and exterior doors, all rotted structural members of front porch, all rotted soffit and fascia. Secure the property, repair garage doors, remove outside storage, trash and debris, and mow, weed and trim. 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 Al Hankerson, Est. 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 June 30, 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 30, 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 -666 JP Morgan Chase Bank Property Address. 151 Citrus Park Circle Violation(s): CO CH 10 SEC 10 -51 INC Bring pool back to sanitary condition. 9 Meeting Minutes Code Compliance Board Boynton Beach, FL June 20, 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. This was a health and safety hazard. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that JP Morgan Chase 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 June 30, 2012. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $1000 per day for each day the violation continues past June 30, 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 -671 Paul M. Maiorana Property Address: 1416 Meadows Circle, West Violation(s): BBA FBC '07 ED. 105.1 Obtain a permit for the interior demolition as stated on the red tag dated April 5, 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 violation. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll 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 June 30, 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 June 30, 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 -672 Harold & Vera Hart Property Address: 714 NW 7 Street Violation(s): BBA FBC '7 ED. 105.1 10 Meeting Minutes Code Compliance Board Boynton Beach, FL June 20, 2012 Obtain a permit for the rear sliders that were replaced with double doors as stated on the red tag dated March 28, 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 violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that Harold and Vera Hart are in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondents correct the violation on or before June 30, 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 June 30, 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. Case No. 12 -674 Paz Plaza, Inc. Property Address: 3301 W. Boynton Beach Blvd, #09 Violation(s): BBA FBC `7 ED. 105.1 Obtain a permit for plumbing work performed without a permit as stated on the red tag dated March 2012. Officer Herring presented the case for the above items as contained in the notice of violation. Staff recommended 60 days be given to correct the violation. Officer Herring stated he spoke to the owner and the contractor and there was an issue with the structural details that was required by the Building Department. They are trying to work with the Building Department presently. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Paz Plaza, Inc. is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before August 19, 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 August 19, 2012, plus administrative costs shall be imposed. The Respondent is further ordered to contact the 11 Meeting Minutes Code Compliance Board Boynton Beach, FL June 20, 2012 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 -696 JP Morgan Chase Bank Property Address: 1007 NW 9 Street Violation(s): CO CH10 SEC 12 -51.5 INC Mow, weed, and trim property. Officer Herring 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 owner recently found out the property was vacant and will take care of the matter immediately. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that JP Morgan Chase 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 July 5, 2012. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $250 per day for each day the violation continues past July 5, 2012, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case No. 12 -691 James L. & Gloria Ekleberry Property Address: 999 Old Boynton Road Violation(s): CH 2.5 -3 and 7 Alarm permit and decal required. Ms. Springer 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 James L. and Gloria Ekleberry 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 June 30, 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 June 30, 2012, plus administrative costs shall be imposed. The Respondents are further ordered 12 Meeting Minutes Code Compliance Board Boynton Beach, FL June 20, 2012 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 -725 Boynton Partners, LLC Property Address: 405 SW 1 Court Violation(s): CO CH 2 SEC 2.5 -3 and 2.5 -7. Alarm operating permit and decal required. Ms. Springer 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 Boynton Partners, 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 June 30, 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 30, 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 -517 DP Squared LLC Property Address: 2901 NW Commerce Park Drive Violation(s): BBA FBC '07 ED. 105.1 Permit is required for all remodeling and electrical work as noted in red tag dated March 13, 2012. Officer Cain 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 DP Squared 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 June 30, 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 13 Meeting Minutes Code Compliance Board Boynton Beach, FL June 20, 2012 fine in the amount of $250 per day for each day the violation continues past June 30, 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 -645 Patricia A. Weaver Property Address: 2311 N. Congress Ave. # 16 Violation(s): CO CH13 SEC 13 -16 Business Tax Receipt needed to rent property. Courtney Cain, Code Officer, presented the case for the above item as contained in the notice of violation. Staff recommended 15 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Patricia A. Weaver 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 July 5, 2012. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $150 per day for each day the violation continues past July 5, 2012, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case No. 12 -647 Kimberly J. Fox Property Address: 2313 N. Congress Ave. #31 Violation(s): CO CH13 SEC 13 -16 Business Tax Receipt needed to rent property. Officer Cain presented the case for the above item as contained in the notice of violation. Staff recommended 15 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Kimberly J. Fox 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 July 5, 2012. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and 14 Meeting Minutes Code Compliance Board Boynton Beach, FL June 20, 2012 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 July 5, 2012, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case No. 12 -655 Houssam & Marcie Tannous Property Address: 20 Heather Cove Drive Violation(s): CO CH10 SEC 10 -56 (A)(B)(C) Repair driveway, clean pool, mow yard, remove all trash and debris, and repair siding on house. Officer Cain presented the case for the above items as contained in the notice of violation. Staff recommended the case be tabled for three months. The respondent has been in the hospital and Officer Cain offered to work with him to come into compliance. Motion Ms. Carroll moved to table the aforementioned case to September 19, 2012. Mr. Cole seconded the motion that unanimously passed. Case No. 12 -699 Leigh Depuma Property Address: 116 SE 3rd Avenue Violation(s): CO CH13 SEC 13 -16 CO CH15 SEC 15 -120 (D) 1 INC Must obtain business tax receipt, remove inoperable vehicles, and install sod in yard. 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. Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Leigh Dupuma 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 June 30, 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 $350 per day for each day the violations continue past June 30, 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. 15 Meeting Minutes Code Compliance Board Boynton Beach, FL June 20, 2012 Case No. 12 -807 Andre St. Juste Property Address: 925 Greenbriar Drive Violation(s): CO CH14 SEC 14 -5 CO CH15 SEC 16 -120 (A) Remove vehicles from sidewalk. No parking allowed on sidewalk. 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. This is a repeat offender. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Andre St. Juste 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 June 30, 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 30, 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 -826 BAC Home Loan Servicing Property Address: 2602 SW 8 Street Violation(s): CO CH10 SEC 10 -51.5 INC Mow grass and weeds, remove all trash. Officer Cain presented the case for the items noted above as contained in the notice of violation Staff recommended 10 days to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that BAC Home Loan Servicing 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 June 30, 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 June 30, 2012, plus administrative costs shall be imposed. The Respondent is further ordered to 16 Meeting Minutes Code Compliance Board Boynton Beach, FL June 20, 2012 of Beach Code Compliance Division in order to arrange the City o Boynton B a Co a Co a for re- p g inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case No. 12 -550 Jean Claude & Elphanise Chery Property Address: 206 SW 12 Avenue Violation(s): CO CH10 SEC 10 -56 (A)(B) Remove all outside storage, remove all trash and debris, mow, weed and trim all overgrowth. Officer Herring 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 Jean Claude and Elphanise Chery 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 June 30, 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 June 30, 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 -697 Bank of New York Property Address: 1096 SW 27 Avenue Violation(s): CO CH10 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, repair or replace roof and soffit over front door, repair or replace garage door, replace missing screens, repair hole on side of house, remove all trash and debris. Officer Herring 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. 17 Meeting Minutes Code Compliance Board Boynton Beach, FL June 20, 2012 Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Bank of New York 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 June 30, 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 $1000 per day for each day the violations continue past June 30, 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. Officer Herring requested the following cases be certified at $100 per day: Case No. 12 -15 Finbar E. Quinn 141 Lancaster Road 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 violation, and 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. Mr. Cole seconded the motion that unanimously passed. Case No. 12 -359 James Schaffer & Madalyn James 70 Sausalito Drive 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 April 18, 2012, and having considered the gravity of the violation, and the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $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. Mr. Cole seconded the motion that unanimously passed. 18 Meeting Minutes Code Compliance Board Boynton Beach, FL June 20, 2012 Officer Herring requested the following case be certified at $200 per day: Case No. 11 -3289 7 -11 Inc. 850 Gateway Blvd. 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 violations, 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. Ms. Carroll seconded the motion that unanimously passed. Case No. 12 -112 John J. Blevins, Jr. 1468 SW 25 Place, Unit A 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 April 18, 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 $200 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Officer Herring requested the following case be certified at $250 per day: Case No. 12 -210 Steven Geiger 608 NE 2 Street 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, 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. Mr. Bucella seconded the motion that unanimously passed. 19 Meeting Minutes Code Compliance Board Boynton Beach, FL June 20, 2012 Case No. 11 -3036 Anita Winston 1633 NE 4 Street 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 May 5, 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. Mr. Bucella seconded the motion that unanimously passed. Officer Herring requested the following case be certified at $250 a day plus Nuisance Abatement: Case No. 12 -315 Daniel & Woyaline Dirogene 1635 NE 4 Court 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 May 3, 2011, and having considered the gravity of the violation, and the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $250 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. Cole seconded the motion that unanimously passed. Motion Based on testimony and evidence presented in the aforementioned case, Ms. Carroll 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. Cole seconded the motion that unanimously passed. Officer Roy requested the following cases be certified as "No Fine ": Case No. 12 -440 Becky & Carlos Morales 1400 NW 1 Court Motion Based on testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that the Respondents, Becky and Carlos Morales, were in violation of the City of Boynton Beach Code section as cited subsequent to the date of 20 Meeting Minutes Code Compliance Board Boynton Beach, FL June 20, 2012 compliance specified in the Board's Order of April 18, 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. Case No. 11-3046 Congress Ave. Financial Assoc. 555 N. Congress Ave. #201 J.D. Gretzula DO Motion Based on testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that the Respondent, Congress Ave. Financial Assoc. J.D. Gretzula DO, 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. 12-173 Paul M. Maiorana 1416 Meadows Circle, W Motion Based on testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that the Respondent, Paul M. Maiorana, 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 April 18, 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. 11-2683 Lendalk Properties, LLC 665 South Road Motion Based on testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that the Respondent, Lendalk Properties, LLC, was in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Order of February 15, 2012, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent, that this Board impose and certify “No Fine.” Ms. Carroll seconded the motion that unanimously passed. 21 Meeting Minutes Code Compliance Board Boynton Beach, FL June 20, 2012 Case No. 12 -208 US Bank National Assoc. Trust 428 NE 14 Avenue Motion Based on testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that the Respondent, US Bank National Assoc. Trust was in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Order of April 18, 2012, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent, that this Board impose and certify "No Fine." Ms. Carroll seconded the motion that unanimously passed. Case No. 12 -239 Vernon Thompson Jr., TR 821 NE 1 Street Motion Based on testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that the Respondent, Vernon Thompson Jr., TR was in violation of the City of Boynton Beach Code sections as cited subsequent to the date of compliance specified in the Board's Order of April 18, 2012, and in consideration of the gravity of the violations and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent, that this Board impose and certify "No Fine." Ms. Carroll seconded the motion that unanimously passed. Officer Herring requested the following cases be tabled to July 18, 2012: Case No 11 -2953 Adalgisa Scotuzzi 1690 Renaissance Commons Boulevard #1304 Motion Mr. Cole moved to table Case No. 11 -2953 to July 18, 2012. Mr. Bucella seconded the motion that unanimously passed. Officer Herring requested the following cases be tabled to August 15, 2012 Case No. 11 -1968 Ocean Properties 777 LLC 1510 SW 8 Street Motion Ms. Yerzy moved to table Case No. 11 -1968 to August 15, 2012. Ms. Carroll seconded the motion that unanimously passed. 22 Meeting Minutes Code Compliance Board Boynton Beach, FL June 20, 2012 VII. Adjournment In closing, Chair Costantino commented on behalf of the Board and asked the City Clerk's office to pass on the Board's condolences to Commissioner Ross on the passing of her father. Motion Ms. Carroll moved to adjourn. Mr. Bucella seconded the motion that unanimously passed. The meeting was adjourned at 8:10 p.m. 7! �6 z e L .__ jj Ellie Caruso Recording Secretary 23