Minutes 07-18-12
MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON
WEDNESDAY, JULY 18, 2012, AT 6:30 P.M., IN COMMISSION CHAMBERS
CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA
PRESENT:
Michele Costantino, Chair
Robert Foot, Vice Chair
Alan Borrelli
Robert Bucella
Gary Cole
Kathleen Carroll (Arrived 6:34 p.m.)
Rose Marie Yerzy
Shana Bridgeman, Assistant City Attorney
Diane Springer, Code Compliance Coordinator
I. Call to Order
Chair Costantino called the meeting to order at 6:30 p.m.
II. Approval of June 20, 2012 Code Board and June 18, lien Reduction
Minutes
Motion
Mr. Cole moved to approve the minutes (June 20, 2012). Mr. Bucella seconded the
motion that unanimously passed. It was noted there was a correction to the minutes as
follows:
Case No. 11-3040 (11-3046), the Respondent's name should read ConQress Ave.
Financial Assoc. - J.D. Gretzula DO in the case caption and motion.
Mr. Cole amended his motion to accept the minutes with the stated changes. Mr.
Bucella agreed to the amendment. A vote was taken and the motion unanimously
passed.
Motion
Ms. Yerzy moved to approve the minutes of June 18, 2012, as written. Mr. Cole
seconded the motion that unanimously passed.
III. Approval of Agenda
Skip lewis, Senior Code Compliance Officer, announced the following changes to the
agenda:
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Boynton Beach, Fl
July 18, 2012
Case No. 12-947 was removed.
Case No. 12-611 should be tabled to August 15, 2012.
Motion
Mr. Cole moved that the aforementioned case be tabled until the Code Compliance
Board meeting to be held on August 15, 2012. Mr. Bucella seconded the motion that
unanimously passed.
Case No. 12-980 complied.
Chair Costantino requested moving Case Nos. 10-606 and 10-1607, the Lien
Reductions to the front of the agenda.
Motion
Ms. Yerzy so moved. Mr. Cole seconded the motion that unanimously passed.
Officer Lewis called the roll and determined who was present.
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
Case No. 12-421
Private Capital Group
140 SW 7th Avenue
Pete Roy, Chief Code and Rehabilitation Officer, announced this case complied and
recommended no fine. The notice of violation was March 9, 2012, for violations
pertaining to registration and maintenance of a foreclosed property. The case was
heard and no one appeared. A date and fine was set to correct the violations by May
26, 2012, or a fine of $250 per day would be imposed thereafter. The violations were
corrected on June 6, 2012, having 10 days of non-compliance.
Motion
Based on testimony and evidence presented in the aforementioned case, Ms. Carroll
moved that this Board find that the Respondent, Private Capital Group, 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 May 16, 2012, and in consideration of the
gravity of the violation and the actions taken by the Respondent to remedy the violation
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July 18, 2012
and the previous violations of the Respondent, that this Board impose and certify "No
Fine." Mr. Cole seconded the motion that unanimously passed.
Case No. 10-606
Private Capital Group
140 SW 7th Avenue
Officer Roy presented the case. The notice of violation was March 2, 2010, for
violations pertaining to registration of a foreclosed property. The case was heard on
April 21, 2010, and no one appeared. A date and fine to correct the violations was set
for May 6,2010, or a fine of $100 per day would be imposed thereafter. The violations
were corrected on March 12, 2012, having 675 days of non-compliance at $100 per
day.
Jesse Davidson, Esq., on behalf of Private Capital, read from the Ordinance and noted
it was two-fold. The property was subject to the provisions of the ordinance and must be
maintained in accordance with the property maintenance regulations. When they
realized the property had not been maintained, they took immediate steps to do so. As a
mitigating circumstance, he requested the Board consider they did maintain the property
in accordance with those standards and requested the minimum fine be imposed. He
pointed out the property was a foreclosure with intricate title issues.
Chair Costantino explained this case pertained to registration of the property. Attorney
Davidson explained they had not registered the property. It was his position they
complied with half of the Ordinance and there was no prejudice to the City. There were
realtors involved and renovations were made to the property.
Kathleen Ambridge, Broker with Portfolio Properties, and Janet Mitchell, Realtor with
Destination Realty, were present. Ms. Ambridge testified the owner had resided in the
property for most of the time. The Lis Pendens was filed with the intent to foreclose, but
the bank then started to work with the owner for a solution and loan modification, which
was unsuccessful and delayed the foreclosure proceedings. The owner had to relocate
to find work and moved out in April 2012.
Attorney Davidson stated for the record if one was cited under one specific statute or
Ordinance, the entire regulation applied. He was not aware of any severability in the
Statute. He explained there was no excuse for not complying with the registration, but
at the time, the property was not owned by Private Capital Group and it would be an
injustice to them as it was a foreclosure that had been pending for some time. They are
not familiar with all the Ordinances and they did the best they could. He read from
Section 10.5.5 of the Ordinance, "The property subject to this provision must be
maintained in accordance with the property maintenance regulations as adopted by the
City." It was part of the violation and they complied with half of it.
Ms. Ambridge explained the property was under contract for $100,000 and would close
on July 30th. If the fine was reduced, the bank would pay the fine and Attorney
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July 18, 2012
Davidson expressed now that the occupant vacated the premises, it would be Private
Capital Group's responsibility.
Motion
Based on testimony and evidence presented in the aforementioned case and having
been advised that the Respondent, Private Capital Group, 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 April 21,2010, to
an amount of $5,634.12, including administrative costs. Ms. Carroll seconded the
motion.
Mr. Foot thought the fine was excessive and suggested $2,000. Ms. Carroll was in
favor of the reduced amount. The above motion passed 5-2 (Mr. Foot and Ms. Carroll
dissenting.)
Case No. 10-1607
Howard M. Pennar
209 SW 7th Avenue
Officer Roy presented the case. The notice of violation was May 27, 2010, for violations
pertaining to maintenance. The Respondent was to mow, weed and trim the yard. The
case was heard on July 21, 2010, and no one appeared. The compliance date and fine
set by the Board was July 31,2010, or a fine of $50 a day would be imposed thereafter.
The violations were corrected on June 4,2012, having 673 days of non-compliance.
laura Rollins, Premiere Residential, 1450 SW 10th Street, Suite 8B, Delray Beach,
stated the property was a bank-owned property, assigned to them on May 16, 2012.
When they did a property check, it was still occupied. They tried cash for keys with the
tenants, who were living there illegally. The property was vacated on May 28, 2012.
They were made aware of the violations on June 4, 2012, and they immediately had the
property mowed and maintained. They also corrected other violations by July 9, 2012.
She requested the lien be reduced. The property was scheduled to close on July 26,
2012 for $65,000.
The members discussed the reduction amount. Officer Roy explained they obtained the
property on Memorial Day. The property was mowed by June 4,2012. It was noted the
bank would pay the fine.
Motion
Based on testimony and evidence presented in the aforementioned case and having
been advised that the Respondent, Howard M. Pennar, has complied with all lien
reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton
Beach Code of Ordinances, Mr. Foot moved that this Board reduce the fines instituted
in the aforementioned case by virtue of this Board's Order of July 21, 2010, to an
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July 18,2012
amount of $3,000, including administrative costs. Ms. Yerzy seconded the motion.
Chair Costantino suggested the administrative costs be added to the total number. Mr.
Foot amended his motion to reflect the fine amount $3,634.12, including administrative
costs. Ms. Carroll seconded the amendment that unanimously passed.
Case No. 12-0811
Property Address:
Violation(s):
Venkat Williams
531 NW 8th Avenue
CO CH10 SEC 10-56 (A) (B)
Secure property.
Vestiguerne Pierre, Senior Code Compliance Officer, presented the case as
contained in the notice of violation. The mortgage holder cited was BAC Home
Servicing LP. The Respondent was present.
Maggie White, Attorney, BAC Home Loans, 4919 Memorial Highway, Suite 200,
Tampa, Florida, explained the property was in the foreclosure process. They still did
not have title and it was unknown if the property was vacant. Officer Pierre testified the
property was vacant. The Lis Pendens was filed on March 2, 2010. As to why the
property was unsecured if it was vacant, Attorney White explained they were not aware
whether it was occupied or not.
Officer Pierre explained there was glass in the door which was broken so one could
easily open the door to get in and out. He circulated photographs to Attorney White and
the Board.
Attorney White was asked if the Bank learned the property was vacant, how quickly they
could secure the premises, to which she responded the Bank had their own property
inspection personnel. She indicated she would notify the appropriate individual in the
firm to get the bank to secure the premises within the 10 days, but did not know how
long it would take them to address the matter.
Motion
Based on the testimony and evidence presented in the aforementioned case, Mr. Cole
moved that this Board find that Venkat Williams and BAC Home Loan Servicing LP 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 August 17, 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 August 17, 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. Foot seconded the motion for discussion and requested
amending the motion to $500 per day and comply within 10 days. Mr. Cole amended
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July 18, 2012
his motion to reflect a compliance date of July 28, 2012, and a $500 per day fine. Mr.
Foot seconded the amendment that unanimously passed.
Case No.12-969
Property Address:
Violation(s):
Bruce Pearson
127 Arthur Court
CO CH15 SEC 15-120(D) INC
CO CH10 SEC 10-56(A)
Property is unsafe. Power must be
restored before unit can be occupied.
Repair broken windows and structure in
the rear. Remove debris in the back
yard and unregistered/inoperable
vehicle,
Officer Pierre presented the case as contained in the notice of violation. The
Respondent was present.
Bruce Michael Pearson, 1130 NW 3rd Avenue, Delray Beach, pled not guilty. He
wanted it clear for the record the house has been in his family since 1976 and this was
not a buy it, flip it, try to rent it, and make money situation. His mother passed away in
2005 and he wound up with the mortgage which was now upside down. He was renting
the property to keep it. The tenant was through the Housing Authority of West Palm
Beach so many conditions are the responsibility of the tenant, such as power. He did
not feel, when a tenant did not pay the electric bill, it was his responsibility to pay it.
The notice indicated the property was unsafe and that was unclear as it did not say
what was unsafe and what needed to be done. He noted there were no broken
windows. He spoke to the tenant earlier in the day, who indicated she spoke with the
Officer. When he received the letter in June, he spoke to the tenant right away and
advised she had to mow the lawn as it was her responsibility and she did. He did not
feel it was his responsibility to clean their debris and items from the back porch, and
was unsure what that had to do with Code Compliance because the property was
fenced and the backyard was not visible. He was unsure of the legality of a Code
Officer being able to access the back yard to look in the backyard.
Mr. Pearson was in the home inspection business and was familiar with safe and unsafe
conditions and Florida Building Code. As to repairing a structure in the rear, his father
constructed a deck and thatched item for grapevines to grow into. The tenant had put
wood on it, and he removed the wood from the top of it. As to unregistered/inoperable
vehicles, he was unsure if he was supposed to hire someone to tow it. He thought the
item should be red-tagged and then just towed.
Officer Pierre explained he received a call from the Police Department. Officer Roehrich
went to the property as there was a situation with a dog there and the dog owner was
cited. When Officer Pierre returned to the property, the tenant allowed him to enter the
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July 18, 2012
premises and it was determined the window was not broken. As to the automobile, he
was citing everything on the property including the vehicle. He had a photograph
reflecting there was no power at the home, no meter and it was unsafe to live in the
property without power, per Code.
Mr. Pearson believed if one did not pay for power; FP&L tagged the meter. When he
contacted FP&L, they were unaware there was no meter and was advised they did not
feel the box was safe. There was no cover plate, just open prongs and someone could
be shocked. Mr. Pearson had heard rumors individuals steal them and use them on
other properties. Homeowners are not allowed to address the meter box. FP&L was
advised of the matter and was the only entity that could address it. Mr. Pearson
explained it was not his responsibility.
Mr. Pearson noted the tenant was not always home and did not know how someone
could live in a home without power in the summer as it was hot. When asked what his
responsibility was, he responded if there was a problem with the house, he fixes it. If an
appliance breaks, it should be repaired. He makes the home livable. Ms. Carroll
explained the tenant should maintain the electric, but she did not and she created an
unsafe property, which made it the owner's responsibility. It was suggested he contact
Section 8 Housing to have their team come and fix the items because her rent is being
paid by them or they can evict her. As to the car, even though she owned it, Mr.
Pearson was the property owner and he had to take on that responsibility. He inquired if
he was allowed to remove it or if the City could impound it. This had happened before
and then it was gone. Officer Pierre explained the car was there, but the main issue
was the electric. Mr. Pearson was allowing the tenant to stay there in an unsafe
situation that she created, but he was responsible to address the matter by fixing it or
having her removed.
Officer Pierre explained Section 8 recipients are to maintain the electric. It was the
landlord's responsibility to know the tenant was not paying it and the tenant could
potentially lose their voucher and he could lose the tenant. Mr. Pearson had contacted
FP&L and asked them to cover it. He advised the tenant told him that she called FP&L.
He contacted them and was informed they would address it tomorrow.
Mr. Foot thought this was one of the more flagrant unsafe situations the Board
encountered.
Motion
Based on the testimony and evidence presented in the aforementioned case, Mr. Foot
moved that this Board find that Bruce M. Pearson 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 July 25, 2012. The Board has considered the gravity of the
violations, the actions taken by the Respondent and any previous violations by the
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July 18, 2012
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 July 25,
2012, plus administrative costs shall be imposed. The Respondent is further ordered to
contact the City of Boynton Beach Code Compliance Division in order to arrange for re-
inspection of the property to verify compliance with this Order. Ms. Carroll seconded
the motion that unanimously passed.
Case No. 12-0784
Property Address:
Violation(s):
Ka Hock & Jeanne Go
3452 W. Boynton Beach Boulevard
CO CH2.5 SEC 2.5-12 & 13
Excessive false alarm service fee.
Invoice #14377.
Diane Springer, Code Compliance Coordinator presented the case as contained in the
notice of violation. The initial inspection date was May 1,2012, for violations pertaining
to excessive false alarms. Notice was sent on May 2, 2012, giving 30 days to correct
the violations. Certified mail was sent June 5, 2012, and the return receipt was signed
on June 7, 2012. The Respondent was present.
Adam Farber, Esq., representing Dr. Go, 3452 W. Boynton Beach Boulevard, was
present with Dr. Go, and pled not guilty.
Attorney Farber testified Dr. Go did not receive the first notice until May 2, and the
certified mail on June 7,2012, but the dates on the false alarms dated back to last year
and they were not informed until recently. Since they received the invoice, they
contacted the carrier to determine the problem. The carrier will charge them to come out
and fix the alarm. In the meantime, they were considering switching companies, but did
not want to leave the site unprotected. He requested the Board reduce or remove the
fine and allow them more time.
Ms. Springer explained there were seven incidents from October 1, 2011 which were
October 21, 2011, October 24,2011, and October 24, 2012. Those were the three free
false alarms. The next ones occurred on March 7, 2012, April 8, 2012, and April 25,
2012. An invoice was sent on May 1, 2012, to Dr. Go at 3452 W. Boynton Beach
Boulevard. They did not receive payment nor hear from Dr. Go or his representative.
On June 1, 2012, an additional bill was issued for the same dates and on July 2, 2012,
another bill was sent with an additional charge of $1,000 for a false alarm that occurred
on June 29, 2012. There were instructions included on the bottom of the bill explaining
that if one was having a problem with the alarm company, a work order from the alarm
company needed to be provided to Ms. Springer within 30 days from the date of the bill
and she had not received anything.
All seven incidents were false alarms and the Police responded to each incident. Ms.
Springer had copies of the reports for each incident. Attorney Farber indicated there
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July 18, 2012
was no communication between the Police and the owner regarding them ever stopping
by. Ms. Springer explained the Police do not have to contact the owner. The Police
respond and the alarm company knows when they have dispatched the Police.
Attorney Farber inquired how the owner would know there were false alarms. Ms.
Springer explained the alarm company is supposed to inform them. Dr. Go testified that
he advised the alarm company that they should contact him and he would decide when
to dispatch the Police. Chair Costantino explained that was an issue between him and
the alarm company and he should reinforce it with them. She explained they have been
dispatching the Police and now there were false alarm reports and payment due.
Chair Costantino explained they were given three free false alarms. Attorney Farber
explained they were not aware of the free false alarms and if they had been, they would
have addressed it a long time ago. Ms. Springer explained they received an invoice in
May and June of this year which Ms. Springer produced. Attorney Farber explained
they did not receive bills last year and inquired why they were not notified they had a bill
in October of 2011. He believed they should have been notified of the false alarm and
the associated dollar amount. Chair Costantino explained it was up to the alarm
company and it was not cost effective for the City to send invoices each time there was
a false alarm when no payment was due.
Ms. Springer explained all the police reports indicate that the alarm company had
attempted to contact a representative and on all seven occasions, no representative
was contacted and they dispatched the police. Attorney Farber inquired by what means
had a representative attempted to be contacted. Ms. Springer explained it was the
alarm company, and it was written in the notes that the alarm company attempted to
make contact with a representative but no representative was available, and .there was
no answer at the representative's phone number, and that was why police were
dispatched. Even if Dr. Go had an agreement with the alarm company, no one was
available to say not to send the police and they were dispatched.
Mr. Foot suggested giving a payment deadline. From there on, they deal with their
contractor. He thought a motion was appropriate and if they do not pay the amount in
full, they assess a fine from there on.
Motion
Based on the testimony and evidence presented in the aforementioned case, Mr. Foot
moved that this Board find that Dr. Ka Hock Go and Jeanne Go are in violation of the
City of Boynton Beach Code section as cited, and moved to order that the Respondents
correct the violations on or before August 17, 2012. The Board has considered the
gravity of the violations, the actions taken by the Respondents, and any previous
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July 18, 2012
violations by Respondents, and hereby orders that if the Respondents do not comply
with this Order, a fine in the amount of $50 per day for each day the violation continues
past August 17, 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 and verification of payment of the fees to comply with
this Order. Mr. Cole seconded the motion that passed unanimously.
Attorney Farber inquired how much was owed and was told $1,450 according to Invoice
No. 14377. Ms. Springer advised the amount was $2,450. The narrative did not contain
the additional $1,000 for the latest incident; however, Attorney Bridgeman confirmed it
was within the Board's purview to collect the entire outstanding amount. Ms. Springer
explained how payment should be made and further explained the only way the amount
could be reduced or waived was to present a work order from the alarm company within
30 days of the first bill that is received. In this instance, she received nothing. The only
possible charge that could be waived or reduced, if there was a problem with the alarm,
would be the last bill for $1,000. The others would have to be paid in full.
Case No. 12-1025
Property Address:
Violation(s):
Ka Hock Go
311 NW 2nd Street
CO CH13 SEC 13-16
Business Tax Receipt required to rent
residence.
Officer Pierre presented the case as contained in the notice of violation. The
Respondent was present.
Adam Farber, Esq., representing Dr. Go, 3452 W. Boynton Beach Boulevard, was
present with Dr. Go, and pled not guilty. Attorney Farber explained the home was being
rented at a loss to Dr. Go to a couple with six children. It is being done as a favor. Dr.
Go testified he was collecting reduced rent.
Chair Costantino explained renting a unit requires an inspection to ensure it is in a
habitable condition. A Business Tax Receipt is then obtained to rent the property. She
explained the Board does not know if the property is safe unless they follow the
procedure. Dr. Go explained he was just trying to help the family. It was noted there
were six children residing there, and the property should be inspected to ensure it was
up to Code. Dr. Go responded he would comply with the requirement.
Motion
Based on the testimony and evidence presented in the aforementioned case, Ms.
Carroll moved that this Board find that Dr. Ka Hock Go 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 2, 2012. The Board has considered the gravity of the
violation, the actions taken by the Respondent and any previous violations by the
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July 18, 2012
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 August 2,
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. 12-791
Property Address:
Violation (s):
Peter & Cynthia Thomsen
464 S. Circle Dr.
CO CH 2.5 SEC 2.5-12 & 13
Excessive false alarm service fee.
Invoice #10925.
Ms. Springer presented the case as contained in the notice of violation. The initial
inspection took place on May 1, 2012, for excessive false alarms. Written notice was
sent via regular mail on May 3, 2012, giving 30 days to comply. Notice was sent by
certified mail on June 5, 2012, and the return receipt was signed on June 12, 2012.
Staff had spoken to both the property owner and tenant who were present at the
meeting. The fine was $1,125.
Michele Andrews, 464 South Circle Dr. Boynton Beach, the tenant, pled not guilty. Ms.
Andrews testified the property owner notified her on June 25, 2012, about papers she
received from the City regarding fees she had to pay. She was told the same letters
she was receiving were also being sent to the rental property, but she had not received
anything. Ms. Andrews explained she learned about the matter when the landlord told
her about it. She then emailed Ms. Springer to see what could be done about the fees,
because she could not afford the fees. There were several break-in attempts, so she
got a deal with the alarm installers and they did not advise she had to have the alarm
registered to Ms. Andrews.
Ms. Andrews did not know what was wrong with the alarm, and was told there would be
a charge of about $100 for each 30-minute unit needed to check the system. Ms.
Andrews was not contacted, except once, when she first had ADT installed. Around the
time of the false alarms, she just had a child and she was home. She explained there
were no alarms or police arriving.
Ms. Springer informed the Board she had received an email from Ms. Andrews on June
25, 2012, requesting the fees be waived. She explained the only way it could be done
was to provide a work order from ADT that there was a malfunction. If she could not,
they could set up a payment plan. They require $100 per month and there was no
further communication since. Ms. Andrews contacted ADT and they walked her through
the trouble shoot process via telephone, but she did not have a work order.
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Boynton Beach, Fl
July 18, 2012
Chair Costantino explained the only solution left was to pay the amount. The Board did
not have the authority to reduce the fine. It was noted the bill would be $600 if a work
order was provided.
Motion
Based on the testimony and evidence presented in the aforementioned case, Mr.
Bucella moved that this Board find that Peter and Cynthia Thomsen are in violation of
the City of Boynton Beach Code section as cited, and moved to order that the
Respondents correct the violation on or before August 17, 2012. The Board has
considered the gravity of the violations, the actions taken by the Respondents, and any
previous violations by Respondents, and hereby orders that if the Respondents do not
comply with this Order, a fine in the amount of $50 per day for each day the violation
continues past August 17, 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 and verification of payment of
the fees to comply with this Order. Mr. Cole seconded the motion that passed
unanimously.
Case No. 12-1059
Property Address:
Violation(s):
Lansdowne Mortgage llC
1154 SW 27th Avenue
CO CH10 SEC 10-51.5INC
Property that is vacant or subject to
default must be registered with the City
and maintained in accordance with
property maintenance regulations per
City Code. Register property, repair or
replace wood fence and gates and
broken windows. Remove trash and
debris, and mow overgrown yard areas
on the property. Clean pool and replace
screening on pool enclosure. Pool is
unsecured.
Courtney Cain, Code Officer, presented the case as contained in the notice of
violation. The case arose from a citizen complaint. The initial inspection date was June
6,2012. The registration portion of the case complied. The yard was mowed, the trash
removed and the windows were repaired. The pool was still unsecured and the gates
needed to be replaced.
Dale Dishaw, representing Lansdowne Mortgage, LLC, pled not guilty. The property
was in foreclosure. When they were made aware of the violations, they addressed
them right away. In this case, the individual who obtained the loan died of a heart
attack and three months later the husband committed suicide in the house. The son
and daughter come and go all the time. It was dangerous to go to the property and the
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July 18, 2012
neighbor across the street indicated they had not seen the son or daughter in a few
months. The fence and gate were replaced. The broken windows were boarded up
and all the trash was removed. They did not do anything with the pool as they did not
have title. The screen enclosure around the pool will fall down because it was attached
to the fascia which was rotted. The home's interior was demolished.
Mr. Dishaw explained when they receive title, they will send a crew and restore it to a
sellable or rentable condition. The foreclosure was taking extra time because the
owners were deceased. A Lis Pendens was filed over a year ago. It was noted if the
home was registered, they had the authority to make repairs.
Officer Cain had photographs taken earlier in the day which he circulated to the
Respondent and Board. He noted the fence and gate they installed was on the east
side of the home; however, the west side of the home was open and provided access.
Mr. Dishaw explained he was requested to obtain more time. He explained until he had
certificate of title, he would be in danger if the son arrived while he was repairing the
pool, but agreed to repair it as soon as title was received. Chair Costantino explained
the pool was a dangerous situation.
Motion
Based on the testimony and evidence presented in the aforementioned case, Ms.
Carroll moved that this Board find that Lansdowne Mortgage 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 July 28, 2012. The Board has considered the gravity
of the violation, the actions taken by the Respondent and any previous violations by the
Respondent and hereby orders that if the Respondent does not comply with this Order,
a fine in the amount of $1,000 per day for each day the violation continues past July 28,
2012, plus administrative costs shall be imposed. The Respondent is further ordered to
contact the City of Boynton Beach Code Compliance Division in order to arrange for re-
inspection of the property to verify compliance with this Order. Ms. Yerzy seconded the
motion that unanimously passed.
Case No. 11-2853
Property Address:
Violation(s):
Brownstone Management llC
1500 SW 30th Ave. 8
CO CH13 SEC 13-16
BBA FBC '05105.1.1
Permit needed for walk-in cooler. Red
tagged. Business Tax Receipt needed
to operate.
John Herring, Code Compliance Officer, presented the case as contained in the
notice of violation. The property was a commercial property. This was a City department
referral. The initial inspection date was October 17, 2011. Written notice was sent giving
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Meeting Minutes
Code Compliance Board
Boynton Beach, -Fl
July 18, 2012
30 days to correct the violations. Notice was sent via regular mail on October 20, 2011.
Certified Mail was sent June 20,2012. The return receipt was signed June 25,2012. A
permit was applied for as of April 17, 2012, and was rejected on April 26, 2012.
Dave Beasley, 14721 Bonaire Boulevard, Delray Beach, pled no contest and requested
60 days. They have been in communication with the Building Department and plan
reviewers several times. There were several comments made by the plan reviewer
because there was a lot of work to be done. He felt 60 days was sufficient to complete
the process.
Officer Herring explained the Business Tax Receipt was contingent on them receiving
the permit for the walk-in cooler. They received the comments and were working on
them, but they were not completed yet. Mr. Beasley explained there were several items
for which they would request exceptions. Officer Herring suggested allowing 90 days.
Motion
Based on the testimony and evidence presented in the aforementioned case, Mr.
Bucella moved that this Board find that Brownstone Management 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 October 16, 2012. The Board has
considered the gravity of the violations, the actions taken by the Respondent and any
previous violations by the Respondent and hereby orders that if the Respondent does
not comply with this Order, a fine in the amount of $250 per day for each day the
violations continue past October 16, 2012, plus administrative costs shall be imposed.
The Respondent is further ordered to contact the City of Boynton Beach Code
Compliance Division in order to arrange for re-inspection of the property to verify
compliance with this Order. Mr. Cole seconded the motion that unanimously passed.
Case No. 12-820
Catherine Albuquerque & Jason
Cochrane
1036 SW 27th Avenue
CO CH 10 SEC 10-56 (B) (C)
CO CH15 SEC 15-120(D) INC
Mow grass and weeds. Trim bushes
and trees. Maintain pool and spa in a
sanitary condition.
Property Address:
Violation(s):
Officer Herring presented the case as contained in the notice of violation. The case
arose from a citizen complaint. The initial inspection date was May 8, 2012. Written
notice was sent on May 10, 2012, giving 15 days to correct the violation. Certified Mail
was sent June 4, 2012. The return receipt was signed June 7, 2012. He had
photographs available and reported a representative was present.
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Meeting Minutes
Code Compliance Board
Boynton Beach, Fl
July 18, 2012
Misty Sheets, Esq., The Law Firm of Marshall Watson, 1800 NW 49th Street, Suite
120, Ft. Lauderdale, pled no contest and explained they were in the middle of a
foreclosure case and had to re-serve the Respondent. At the time of re-service, they
were living at the premises, so they believe the unit was owner-occupied. She spoke
with the Code Officer who advised he visited the premises earlier in the day and it
appeared vacant and no one answered the door. They would have to verify it was
vacant. The property had a Fannie Mae mortgage which required bids and Attorney
Sheets requested as much time as could be granted.
Officer Herring explained Fannie Mae was not cited, but was given a copy. He
circulated the photographs to the Respondent and the Board. The pool was secured
but was a mess and it appeared to be somewhat empty. There was a hole in the fence
which allowed him to obtain photographs of the pool, but no one could enter. The gates
were latched. The front was mowed.
Attorney Sheets requested 30 days.
Motion
Based on the testimony and evidence presented in the aforementioned case, Ms.
Carroll moved that this Board find that Catherine Albuquerque and Jason Cochrane
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 August 17, 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 August 17, 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. 12-834
Property Address:
Violation(s):
First Financial Properties, llC
2303 S. Federal Highway Unit 21
BBA FBC '07 ED 105.1
Obtain permit for window replacement.
Red tagged.
Officer Herring presented the case as contained in the notice of violation. The initial
inspection date was May 11, 2012. Written notice was sent via regular mail on May 14,
2012, giving 30 days to correct the violation. Certified mail was sent June 20, 2012, and
the return receipt was signed June 27,2012. The Respondent was present.
Shawn Massel, 4858 Pine Tree Drive, Boynton Beach, pled no contest and requested
30 days. This apartment was owned by friends of his. After the hurricane, they had
windows installed. Someone did another inspection when windows were installed at
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Meeting Minutes
Code Compliance Board
Boynton Beach, Fl
July 18, 2012
Fairfield Apartments and noticed there was no permit there. He told them he would pull
a permit for them. It was a matter of finding out who bought the windows, and add
shutters. He commented 30 days would be sufficient.
Motion
Based on the testimony and evidence presented in the aforementioned case, Mr. Cole
moved that this Board find that First Financial Properties, 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 August 17, 2012. The Board has considered the gravity of the
violation, the actions taken by the Respondent and any previous violations by the
Respondent and hereby orders that if the Respondent does not comply with this Order,
a fine in the amount of $500 per day for each day the violation continues past August
17,2012, plus administrative costs shall be imposed. The Respondent is further ordered
to contact the City of Boynton Beach Code Compliance Division in order to arrange for
re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded
the motion that unanimously passed.
Case No. 12-1002
Property Address:
Violation(s):
KNHK llC
3300 S. Congress Ave #18
CO CH13 SEC 13-16
Business Tax Receipt needed to
operate a business.
Officer Herring presented the case as contained in the notice of violation, which arose
from a citizen complaint. The initial inspection date was May 4, 2012. Written notice
was sent via regular mail on May 29, 2012, giving 10 days to correct the violations.
Certified mail was sent on June 11,2012, and the property was posted on July 7,2012.
The permit was applied for and was pending final approval to be issued. There were
some discrepancies with the paperwork and inspections were needed.
Kenneth James Snyder, 7 Finsbury Lane, Boynton Beach, the tenant, was present
and commented he had hoped to have this resolved, but the paperwork was taking a
long time. He submitted the permit application for the door yesterday. He commented
he just moved to this area. He was transferring his license from his home based
business, and that was when this issue arose in February. He was not operating out of
the building. He is a licensed contractor under a General Contractor's supervision and
was trying to become a General Contractor. He needed the City permit to get the
County permit and needed an inspection on the door.
Officer Herring recommended 10 days be given. The issue was he did not have the
proper license to install a door on commercial property. Mr. Snyder responded he was
when under the purview of a General Contractor and he finally received the permit.
Officer Herring explained Mr. Snyder was operating outside the scope of his license.
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Meeting Minutes
Code Compliance Board
Boynton Beach, Fl
July 18, 2012
Motion
Based on the testimony and evidence presented in the aforementioned case, Mr.
Bucella moved that this Board find that KNHK 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 July 28, 2012. The Board has considered the gravity of the violation, the
actions taken by the Respondent and any previous violations by the Respondent and
hereby orders that if the Respondent does not comply with this Order, a fine in the
amount of $300 per day for each day the violation continues past July 28, 2012, plus
administrative costs shall be imposed. The Respondent is further ordered to contact the
City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of
the property to verify compliance with this Order. Mr. Cole seconded the motion.
It was explained to Mr. Snyder that if the issue continued past the compliance date, he
had the right to return to the Board and discuss the case again.
Vote
The motion unanimously passed.
Case No. 12-978
Property Address:
Violation(s):
Gary & Andrea Schneider
329 SW 14th Avenue
CO CH15 SEC 15-120(D) INC
CO CH 10 SEC 10-56(A) (B)
Mow, weed and trim all overgrowth and
maintain per City Ordinance.
Pete Roy, Chief Code and Rehabilitation Officer, presented the case as contained in
the notice of violation. The mortgage holder cited was J.P. Morgan Chase Bank. The
case arose from a routine inspection. The initial inspection date was May 22, 2012.
Written notice was sent on May 20, 2012, giving 10 days to correct the violations.
Certified mail was sent on June 11,2012, and the return receipt was signed on June 14,
2012. Officer Roy spoke with Mike Hill, who was believed to be associated with the
Bank who inquired what was needed. Officer Roy responded to him but that was 10
days ago and since then, nothing has occurred. Staff recommended 10 days be given
to correct the violations.
Margaret White, Esq., Florida Default Law Group, POB 25018, Tampa, Florida, pled no
contest and requested 15 days. Officer Roy had no objections. Attorney White
explained it appeared the homeowner still resided on the property. He was not certain,
but believed there was correspondence that they were still working on a modification.
With that in mind, she requested as much time as possible. Chair Costantino inquired if
she was in contact with the property owner to correct the violations. Attorney White
explained they would have to send a letter to them. Officer Roy explained he did not
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Meeting Minutes
Code Compliance Board
Boynton Beach, Fl
July 18, 2012
see anyone there on his last visit to the premises, but acknowledged the return receipt
was signed. It was occupied when it was cited.
Mr. Bucella inquired if the owners were in the home, why they were not cited. Attorney
White explained they filed a foreclosure, but it appeared the owners were hoping to
remain in the property and have indicated so. She hoped they were notified as well.
Motion
Based on the testimony and evidence presented in the aforementioned case, Mr. Foot
moved that this Board find that Gary and Andrea Schneider 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 August 2, 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 $200 per day for each day the violations continue past August 2,
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. 11-2463
Daniel Jerome
1621 NW 1st Court
Officer Cain presented the lien certification. The notice of violation was September 8,
2011, which pertained to fence repairs, clean front and rear of property, remove trash
and debris, all vehicles must have current tag and be in operable condition. The hearing
was December 21, 2011, and no one appeared, The compliance date and fine set by
the Board was January 20, 2012, or a fine of $200 a day would be imposed thereafter.
The violations remained outstanding.
Daniel Jerome, 1621 NW 1st Court, commented he was doing the best he could. He
was told to clean the front, which he did, and did not know how one could see in the
back because of the fence.
Officer Cain explained Mr. Jerome brought in the vehicle registrations and the front yard
was satisfactory. He did attempt to do some cleaning in the rear yard on the north side.
He was only able to look over the fence to view what was there. He explained he would
need to gain access to the back of the property.
Mr. Jerome explained he has diabetes and gets off of work and only has about two
hours. Sometimes he does not feel well and that was why it took so long.
Chair Costantino inquired if he understood they would put a lien on the property and she
explained what a lien was. The City could foreclose on the property. Mr. Jerome was
advised a fine of $200 per day back when the fine started could be $35,000 today.
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Meeting Minutes
Code Compliance Board
Boynton Beach, Fl
July 18, 2012
Officer Cain explained it would take some time to clean the property. He had a
photograph which he showed the Respondent and the Board. It was noted there was a
puppy chained in the yard which was not permitted. He explained he does this
sometimes when he goes to work because he does not want him to go outside,
sometimes even inside, so when he gets home he lets the dog loose in the yard and he
comes inside. Officer Cain explained he saw the dog in the yard and there was no one
available to say he could not do so. Mr. Jerome explained the dog gets food and water
and shade.
It was thought as long as he was making an honest effort to clean it, the matter could be
tabled for 60 days. Chair Costantino disagreed. Mr. Cole recalled this case and that 30
days was given. A suggestion was made that given the amount of fine accrued, it would
be cheaper to hire someone to come in with a container and pay them than have the
fine. It was also thought he could make a great deal of money in scrap metal.
Motion
Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance
Board meeting to be held on September 19,2012. Ms. Yerzy seconded the motion that
passed 6-1, (Chair Costantino dissenting.)
Case No. 12-100
BAC Home Loans Servicing lP
80 Bay tree Circle
Officer Cain presented the case which pertained to a foreclosed property and property
maintenance. The notice of violation was January 24, 2012. The case was heard on
April 18, 2012. There were two Board orders for the property. The compliance date
was set for May 3, 2012, for the first Order (register and secure the property) or a fine of
$150 per day would be imposed thereafter. The second Order was to comply by June
17,2012, or a fine of $500 per day would be imposed. The Respondent was present.
Amanda Fredlander, Esq., Law Firm of Shapiro, Fishman and Gache, on behalf of the
Bank, 2424 N. Federal Highway, Suite 360, Boca Raton, was present. Ms. Fredlander
was in contact with the Bank earlier today and the information they were given was they
complied with the work orders that needed to be done. The latest information they
received was a Code Officer inspected the premises and the violations were not
corrected.
Officer Cain explained the property was registered. There were remaining outstanding
items. Ms. Fredlander was unaware there was an extensive list of repairs. Photographs
were provided to Ms. Fredlander and the Board. Ms. Fredlander requested a week to
ensure all was complied with and agreed to contact the Bank the first thing in the
morning. She would develop a detailed list and try to correct all the violations as soon
as possible.
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Meeting Minutes
Code Compliance Board
Boynton Beach, Fl
July 18, 2012
Officer Cain explained two neighbors and the President of the HOA came over to him at
the premises. The garage door cannot be secured and they have field rats going to the
neighbor's homes. They had 30 days from last month to do something and they did
nothing.
The following motion pertained to the Board Order to register and secure the property:
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 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. Yerzy seconded the motion that unanimously passed.
The following motion pertained to the Board Order on the remaining violations:
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 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. Ms. Yerzy seconded the motion that unanimously passed.
Case No. 12-281
Property Address:
Violation(s):
Fred and Pam Greenspan
18 Southport Lane, Unit C
CO CH13 SEC 13-16
Business Tax Receipt and inspection is
required to rent residence.
Officer Herring presented the case 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 Fred and Pam Greenspan 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 28, 2012. The Board has considered the gravity of the
violation, the actions taken by the Respondents and any previous violations by the
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Meeting Minutes
Code Compliance Board
Boynton Beach, Fl
July 18, 2012
Respondents and hereby orders that if the Respondents do not comply with this Order,
a fine in the amount of $50 per day for each day the violation continues past July 28,
2012, plus administrative costs shall be imposed. The Respondents are further ordered
to contact the City of Boynton Beach Code Compliance Division in order to arrange for
re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded
the motion that unanimously passed.
Case No. 12-282
Property Address:
Violation(s):
Ian and Janet Staub
2 South port Lane D
CO CH13 SEC 13-16
Business Tax Receipt and inspection
required to rent residence.
Officer Herring presented the case 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 Ian and Janet Staub 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 28, 2012. The Board has considered the gravity of the
violation, the actions taken by the Respondents and any previous violations by the
Respondents and hereby orders that if the Respondents do not comply with this Order,
a fine in the amount of $50 per day for each day the violation continues past July 28,
2012, plus administrative costs shall be imposed. The Respondents are further ordered
to contact the City of Boynton Beach Code Compliance Division in order to arrange for
re-inspection of the property to verify compliance with this Order. Ms. Carroll seconded
the motion that unanimously passed.
Case No. 12-933
Property Address:
Violation(s):
Arthur S. lubus, Jr.
620 NW 10th Court
CO CH13 SEC 13-16
CO CH15 SEC 15-120(D) INC
LDR CH3 ART IV SEC 3 (C) (D)
Storing and shipping cars from your
property not permitted in a residential
zoning district. Business Tax Receipt
needed for rental property.
Officer Herring presented the case as contained in the notice of violation. He noted the
Business Tax Receipt was obtained, but recommended a Cease and Desist Order
imposing a $100 fine per occurrence be issued for the automobiles and 10 days be
given to comply. Officer Herring also believed this would be an ongoing problem.
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Meeting Minutes
Code Compliance Board
Boynton Beach, Fl
July 18,2012
Motion
Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy
moved that a Cease and Desist Order be issued giving Arthur S. Lubus, Jr. until July 28,
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. 12-752
Property Address:
Violation(s):
Anthony Bruzzese
2152 NE 1st Way 205
CO CH13 SEC 13-16
Business Tax Receipt needed to rent
unit.
Officer Pierre presented the case 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 Anthony Bruzzese 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 28, 2012. The Board has considered the gravity of the
violation, the actions taken by the Respondent and any previous violations by the
Respondent and hereby orders that if the Respondent does not comply with this Order,
a fine in the amount of $50 per day for each day the violation continues past July 28,
2012, plus administrative costs shall be imposed. The Respondent is further ordered to
contact the City of Boynton Beach Code Compliance Division in order to arrange for re-
inspection of the property to verify compliance with this Order. Ms. Carroll seconded
the motion that unanimously passed.
Case No. 12-448
Property Address:
Violation(s):
BAC Home loans Servicing lP
8049 Stirrup Cay Court
CO CH10 SEC 10-51.5INC
Property that is vacant or subject to
default must be registered with the city
and maintained per Code. Mow, weed
and trim all overgrowth and weed.
Replace broken window in front door.
Remove trash and horticultural debris.
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Meeting Minutes
Code Compliance Board
Boynton Beach, Fl
July 18, 2012
Officer Cain presented the case as contained in the notice of violation. Staff
recommended seven 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 BAC Home Loans Servicing LP 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 25, 2012. The Board has considered the gravity of the
violation, the actions taken by the Respondent and any previous violations by the
Respondent and hereby orders that if the Respondent does not comply with this Order,
a fine in the amount of $500 per day for each day the violation continues past July 25,
2012, plus administrative costs shall be imposed. The Respondent is further ordered to
contact the City of Boynton Beach Code Compliance Division in order to arrange for re-
inspection of the property to verify compliance with this Order. Ms. Carroll seconded
the motion that unanimously passed.
Case No. 12-875
Property Address:
Violation(s):
Scott and Anna Robledo
125 NE 11th Avenue
CO CH13 SEC 13-16
CO CH15 SEC 15-120(D) INC
CO CH10 SEC 10-56(B)
Mow and trim overgrown yard areas,
trees, etc. Remove trash and debris
and discarded items. Business Tax
Receipt required to rent unit.
Officer Lewis presented the case as contained in the notice of violation. Staff
recommended 15 days be given to correct the violations. He noted the property
appeared to be vacant
Motion
Based on the testimony and evidence presented in the aforementioned case, Mr.
Bucella moved that this Board find that Scott and Anna Robledo 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 August 2, 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 $250 per day for each day the violations continue
past August 2, 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.
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Meeting Minutes
Code Compliance Board
Boynton Beach, Fl
July 18, 2012
Case No. 12-966
Property Address:
Violation(s):
Ernst & Jona Paul
1525 N E 1 st Street
CO CH15 SEC 15-120(D) INC
CO CH13 SEC 13-16
CO CH10 SEC 10-56(B) (D)
Business Tax Receipt needed to rent
unit. Remove outdoor stored barrels,
materials, buckets, etc., from back yard
and property. Remove inoperable
vehicles, trash, and debris. Mow and
trim all overgrown yard areas. Water
service required to occupy premises.
Officer Lewis presented the case as contained in the notice of violation. Staff
recommended 15 days be given to correct the violations. He noted the water service
was restored, but the outdoor storage and Business Tax Receipt remained outstanding.
Motion
Based on the testimony and evidence presented in the aforementioned case, Mr. Foot
moved that this Board find that Ernst & Jona Paul 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 August 2, 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 August 2,
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. 12-833
Property Address:
Violation (s):
Andy Weber
2303 S. Federal Hwy, Unit 22
BBA FBC '07 ED 105.1
Permit needed for window replacement.
Red tagged.
Officer Herring presented the case 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 Andy Weber is in violation of the City of Boynton
Beach Code section cited and moved to Order that the Respondent correct the violation
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Meeting Minutes
Code Compliance Board
Boynton Beach, Fl
July 18, 2012
on or before July 28, 2012. The Board has considered the gravity of the violation, the
actions taken by the Respondent and any previous violations by the Respondent and
hereby orders that if the Respondent does not comply with this Order, a fine in the
amount of $100 per day for each day the violation continues past July 28, 2012, plus
administrative costs shall be imposed. The Respondent is further ordered to contact the
City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of
the property to verify compliance with this Order. Ms. Carroll seconded the motion that
unanimously passed.
Case No. 12-849
Property Address:
Violation(s):
Mercy Caamano TR
3612 S. Seacrest Boulevard
CO CH15 SEC 15-120(D) INC
Mow grass and weeds. Remove trash.
Officer Herring presented the case 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 Mercy Caamano TR is in violation of the City of
Boynton Beach Code section cited and moved to Order that the Respondent correct the
violation on or before July 28, 2012. The Board has considered the gravity of the
violation, the actions taken by the Respondent and any previous violations by the
Respondent and hereby orders that if the Respondent does not comply with this Order,
a fine in the amount of $150 per day for each day the violation continues past July 28,
2012, plus administrative costs shall be imposed. The Respondent is further ordered to
contact the City of Boynton Beach Code Compliance Division in order to arrange for re-
inspection of the property to verify compliance with this Order. Ms. Carroll seconded
the motion that unanimously passed.
Officer Lewis recommended the following cases be certified at $100 per day:
Case No. 11-2953
Adalgisa Scotuzzi
1690 Renaissance
Commons Blvd #1304
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 January 18, 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.
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Meeting Minutes
Code Compliance Board
Boynton Beach, Fl
July 18, 2012
Case No. 11-2277
Tang Services Inc.
2412 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 May 16, 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 Lewis recommended the following case be certified at $200 per day:
Case No. 12-418
Wells Fargo Bank
1806 SW 19th Avenue
Motion
Based on the testimony and evidence presented in the aforementioned case, Mr. Cole
moved that this Board find that the Respondent has not complied with this Board's
Order dated May 16, 2012, and having considered the gravity of the violation, the
actions taken by the Respondent, that this Board impose and certify a fine in the
amount of $200 per day plus administrative costs which shall continue to accrue until
the Respondent comes into compliance or until a judgment is entered based upon this
certification of fine. Ms. Carroll seconded the motion that unanimously passed.
Officer Lewis recommended the following cases be certified at $250 per day:
Case No. 12-583
AI & Willie Mae Hankerson Est.
320 NW 2nd Street
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 16, 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 $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. Foot seconded the motion that unanimously passed.
Case No. 12-516
Emigrant Funding Corp.
717 NE 10th 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
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Meeting Minutes
Code Compliance Board
Boynton Beach, Fl
July 18, 2012
Board's Order dated May 16, 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 $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. Foot seconded the motion that unanimously passed.
Case No. 12-542
G&C Holdings llC 1311 S. Seacrest Boulevard
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 16, 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 $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. Foot seconded the motion that unanimously passed.
Officer Lewis recommended the following case be certified at $500 per day:
Case No. 12-471
Ryan Holmes
821 NW 8th Way
Motion
Based on the testimony and evidence presented in the aforementioned case, Mr. Cole
moved that this Board find that the Respondent has not complied with this Board's
Order dated May 16, 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, Ms. Carroll seconded the motion that unanimously passed.
Officer Lewis recommended the following cases be certified at $1,000 per day:
Case No. 12-456
Maudira & Zelima Delhomme
815 NW 6th Avenue
Motion
Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy
moved that this Board find that the Respondents have not complied with this Board's
Order dated May 16, 2012 and having considered the gravity of the violations, the
actions taken by the Respondents, 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 Respondents come into compliance or until a judgment is entered based upon this
certification of fine. Mr. Cole seconded the motion that unanimously passed.
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Meeting Minutes
Code Compliance Board
Boynton Beach, Fl
July 18, 2012
Case No. 12-536
Gary Russell
345 SW 13th Avenue
Motion
Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy
moved that this Board find that the Respondent has not complied with this Board's
Order dated May 16, 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. Mr. Cole seconded the motion that unanimously passed.
Officer Lewis recommended the following cases be certified at zero dollars "No Fine":
Case No. 11-2078
Christopher Bull
2116 Tuscany Way
Motion
Based on testimony and evidence presented in the aforementioned case, Ms. Yerzy
moved that this Board find that the Respondent was in violation of the City of Boynton
Beach Code section as cited subsequent to the date of compliance specified in the
Board's Order of May 16, 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. 11-2290
Eugene H. Nadia Cromwell
2415 Tuscany Way
Motion
Based on testimony and evidence presented in the aforementioned case, Ms. Yerzy
moved that this Board find that the Respondent was in violation of the City of Boynton
Beach Code section as cited subsequent to the date of compliance specified in the
Board's Order of May 16, 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. 12-218
Scott Maesel
2303 S. Federal Hgwy #18
Motion
Based on testimony and evidence presented the aforementioned case, Ms. Yerzy
moved that this Board find that the Respondent was in violation of the City of Boynton
Beach Code section as cited subsequent to the date of compliance specified in the
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Meeting Minutes
Code Compliance Board
Boynton Beach, Fl
July 18, 2012
Board's Order of May 16, 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.
It was noted the following case was omitted from the $100 Fine Certifications:
Case No. 12-409
Shawn Maesel
816 S. Seacrest Blvd
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 May 16, 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. Mr. Cole seconded the motion that unanimously passed.
Chair Costantino advised she enjoyed attending Code Enforcement School and when
she compiled her notes, she would ask Ms. Springer to make copies for the members.
She commented there were great teachers and speakers.
Adjournment
There being no further business to discuss, the meeting was properly adjourned at 9:02
p.m.
Catherine Cherry
Recording Secretary
072312
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