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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: 1 Meeting Minutes Code Compliance Board 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 2 Meeting Minutes Code Compliance Board Boynton Beach, Fl 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 3 Meeting Minutes Code Compliance Board Boynton Beach, Fl 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 4 Meeting Minutes Code Compliance Board Boynton Beach, Fl 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 5 Meeting Minutes Code Compliance Board Boynton Beach, Fl 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 6 Meeting Minutes Code Compliance Board Boynton Beach, FL 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 7 Meeting Minutes Code Compliance Board Boynton Beach, Fl 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 8 Meeting Minutes Code Compliance Board Boynton Beach, Fl 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 9 Meeting Minutes Code Compliance Board Boynton Beach, Fl 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 10 Meeting Minutes Code Compliance Board Boynton Beach, Fl 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. 11 Meeting Minutes Code Compliance Board 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 12 Meeting Minutes Code Compliance Board Boynton Beach, Fl 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 13 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. 14 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 15 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. 16 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 17 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. 18 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. 19 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 20 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. 21 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. 22 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. 23 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 24 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. 25 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 26 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. 27 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 28 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 29