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Minutes 09-19-12 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD O WEDNESDAY, SEPTEMBER 19, 2012, AT 6:30 P.M., IN COMMISSION CHAMBERS CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Shana Bridgeman, Assistant City Attorney Robert Foot, 1st Vice Chair Diane Springer, Code Compliance Coordinator Alan Borrelli Robert Bucella Kathleen Carroll Rose Marie Yerzy ABSENT: Gary Cole, 2nd Vice Chair I. Call to Order Chair Costantino called the meeting to order at 6:30 p.m. II. Approval of July 18, 2012 Code and August 20, 2012 Lien Reduction Minutes Motion Mr. Foot moved to approve (the July 18, 2012 Meeting Minutes). Ms. Carroll seconded the motion that unanimously passed. As to the August 20, 2012, Lien Reduction Meeting, the following corrections were noted: ➢ On page 2, Case No. 11 -2861 was heard on December 21, 2011, not December 21,204-2. ➢ On page 10, the case was heard on December 15, 2042 2011 ➢ On page 13, Case No. 12 -1201, the Respondent's name is Kevin not Keven Hoebee. Motion Mr. Foot moved to approve the minutes as amended. Ms. Carroll seconded the motion that unanimously passed. 1 Meeting Minutes Code Compliance Board Boynton Beach, FL September 19, 2012 III. Approval of Agenda John Herring, Code Compliance Officer, announced the following changes to the agenda: The violations in case nos.12 -1062, 12 -1096, and 12 -1284 were corrected. Case No. 2 -651 was requested to be tabled to October 17, 2012. Motion Mr. Foot moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on October 17, 2012. Ms. Yerzy seconded the motion that unanimously passed. Case No. 12 -611 was requested to be tabled to October 17, 2012. Motion Ms. Yerzy moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on October 17, 2012. Ms. Carroll seconded the motion that unanimously passed. Case No. 12 -932 was requested to be tabled to October 17, 2012. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on October 17, 2012. Mr. Bucella seconded the motion that unanimously passed. Case Nos.: 12 -655, 12 -1426, and 12 -1427 were removed. Motion Ms. Carroll moved to approve the agenda as amended. Ms. Yerzy seconded the motion that unanimously passed. IV. Swearing in of Witnesses and Introduction Attorney 'B rid geman explained the hearing procedures and administered an oath to all who intended to testify. 2 Meeting Minutes Code Compliance Board Boynton Beach, FL September 19, 2012 V. New Business Officer Herring called the roll and determined who was present. Case No. 12 -1415 Jean Dufresne Location: 2651 NW 2nd Street Violation(s): CH 10 CH 10 -56(D) Secure building. Vestiguerne Pierre, Senior Code Compliance Officer, presented the case. He noted the Respondent was present and the request was to secure the property. Tammi Calderone, Attorney for the Bank of America, 1800 NW 49th Street, Ft. Lauderdale, was present on behalf of the Bank. The property was a foreclosure and the owner was cited, not the Bank. Officer Pierre had photographs he distributed to the Board. Attorney Calderone testified the Bank does not have the Certificate of Title. The violation occurred in May of this year, and the owner was still the current owner. The Bank was trying to secure a sale of a foreclosed property. The final judgment was entered, a sale did occur, but the property was not vacated, so they were attempting another sale. She wanted the record to reflect they requested more time in the interest of liens that could be imposed on the property, if possible, so a buyer could purchase the property, whether it was the Bank or someone else, and they would then have the opportunity to cure the violation. The structure was empty, but individuals had entered and caught it on fire. The Fire Department broke the windows to gain entrance and put out the fire. It was now vacant and the Lis Pendens was filed. The property was not yet registered. Officer Pierre explained staff has another case scheduled next month for overgrowth and registration. It was brought to the Board because the property was unsecured and unsafe to the community. It was to abate the nuisance. Mr. Foot suggested $500 after seven days. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Jean Dufresne 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 September 26, 2012. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $500 per day for each day the violation continues past September 26, 2012, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- 3 Meeting Minutes Code Compliance Board Boynton Beach, FL September 19, 2012 inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case No. 12 -1467 Northwood Trust Inc. Location: 204 NW 6th Avenue Violation(s): CH 15 SEC 15- 120(D) Inc. CH 13 SEC 13 -16 Mow yard, trim hedges and remove trash and debris from front and rear yards. Business Tax Receipt required to rent residence. Officer Pierre presented the case as noted above. The Respondent was present. Nicholas Arsali, owner of Northwood Trust, 3 Harbor Drive, North Ocean Ridge, pled no contest and requested 30 days. The issue with this case was the person living at the property was the former owner with children. They agreed he could stay at the property and take care of it. He did not know it was not in compliance and would bring it up to Code at his expense. They applied for a Business Tax Receipt even though they were not receiving rent. A 30 -day window would allow them to obtain an inspection and obtain a landscaper to trim the yard. The trash and debris was already removed. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Northwood Trust Inc. 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 19, 2012. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past October 19, 2012, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. A suggestion was made that a fine of $150 per day may be more appropriate. Ms. Carroll amended her motion to $150 per day due to children in the house.. Mr. Arsali explained no children were in the home. The family had adult children over the age of 20. Mr. Foot seconded the motion that unanimously passed. Case No. 12 -1256 Renan & Iva Laurore Location: 504 NW 12th Avenue Violation(s): 104.1.1. BBA FBC 2004 Permit expired. Property red tagged. 4 Meeting Minutes Code Compliance Board Boynton Beach, FL September 19, 2012 Courtney Cain, Code Compliance Officer, presented the case as noted above. The case was a City department referral. The property was a commercial property that had an expired permit. The initial inspection date was July 20, 2012. Written notice was sent on September 7, 2012 giving 30 days. The Notice of Hearing was posted on the property and at City Hall. Staff recommended 60 days be given to correct the violation due to the engineer requesting that amount of time. There were comments regarding the red tag that needed to be answered. Renan Laurore, 504 NW 12th Avenue, pled no contest. He agreed with the request for 60 days as the architect would be communicating with the City regarding the dimensions. Mr. Laurore had changed contractors but not the architect. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Renan & Iva Laurore 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 November 18, 2012. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $250 per day for each day the violation continues past November 18, 2012, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Yerzy seconded the motion that unanimously passed. Case No. 12 -806 Amy & Michael Senkowicz Location: 915 Greenbriar Drive Violation(s): CO CH 20 SEC 20 -6 & 7 Parking boat in right -of -way. Cease boat repairs and install four -inch numbers on dwelling to be visible from the street. Luney Guillaume, Code Compliance Officer, presented the case which arose from a citizen complaint. The initial inspection date was May 4, 2012. The violation was corrected., but he was requesting a Cease and Desist Order for the boat. Michael Senkowicz, 915 Greenbriar Drive, was present and pled no contest. Chair Costantino explained what a Cease and Desist Order was. Mr. Senkowicz explained he just finished his service with the Marine Corp and he was a commercial fisherman. He was parking his boat in the front yard, taking it each night to fish and returning it to the front yard. He had been cited before to move the boat. He testified he moved the boat into the driveway and he had not been cited since. 5 Meeting Minutes Code Compliance Board Boynton Beach, FL September 19, 2012 Discussion followed why an owner could not repair his own boat. Officer Guillaume and Pete Roy, Chief Code and Rehabilitation Officer, explained he could not grind, sand, spray paint or make those types of repairs. As to the motor, he could take the cowling off the motor and tune it up. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that a Cease and Desist Order be issued giving Amy and Michael Senkowicz until September 29, 2012, to bring the violations of the City of Boynton Beach Code sections as cited into compliance. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that a fine in the amount of $250 per occurrence of the violation thereafter shall be imposed upon the Respondents. Ms. Yerzy seconded the motion that passed unanimously. Case No. 12 -1227 Doris Jefferson Property Address: 336 NE 10th Avenue Violation(s): CO CH 15 SEC 15- 120(D) Inc. CO CH 10 SEC 10 -56 (C) Remove unpermitted above- ground pool or secure proper permit for pool and pool barrier. Remove outdoor stored washing machine, and trash and debris from property Skip Lewis, Senior Code Compliance Officer, presented the case which was a multi- family rental property. The case arose from a citizen complaint. The initial inspection date was June 29, 2012. The pool was removed. Theresa Ford, representing the Estate of Doris Jefferson, 408 NE MLK Boulevard, pled no contest. To her knowledge, there was an outside hookup for the washing machine when the building was constructed. She commented the machine was operational. The individual occupying the premises was present. Walter Johnson, 336 Martin Luther King Boulevard, the tenant, explained when they moved into the dwelling, the hookup was outside, so they allowed them to put their washing machine there. Officer Lewis had photographs he showed to the Board. Since the property was cited, vending machines, bicycles and more items were stored on the yard. Officer Lewis had photographs of the additional items as well. Ms. Ford explained she was the administrator of Ms. Jefferson's Estate and the apartments were in existence for some time. There was a hookup and platform for the machines. The washing machine was not a stored item. If they had to remove the machines they would, but the hookup and platform were installed years ago. She 6 Meeting Minutes Code Compliance Board Boynton Beach, FL September 19, 2012 offered to install a shed to house the machines. Officer Lewis noted there was electric at the site and since the electric was exposed a dangerous situation was created when it rained. The machines were four to five feet from the structure and Officer Lewis could not locate any permits. Ms. Ford requested 30 days. If she purchased a shed, it would require a permit as well as for the electrical, water and sewer. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that the Doris Jefferson Estate 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 September 26, 2012. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $150 per day for each day the violations continue past September 26, 2012, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Discussion followed about the fine amount. Mr. Bucella amended his motion to reflect a fine of $100 per day. Mr. Foot seconded the motion that unanimously passed. Case No. 12 -52 U.S. Bank National Tr. 1530 Rialto Drive Diane Springer, Code Compliance Coordinator, presented the case. The notice of violation was January 13, 2012, to secure an unsanitary pool, replace a missing gate on the fence, secure windows, remove outside storage, trash and debris and repair or replace torn screens on windows. The case was heard on March 21, 2012, and no one appeared. A compliance date and fine was set for March 31, 2012, or a fine of $1,000 per day would be incurred thereafter. The violations were corrected on July 12, 2012. Ms. Springer stated the water and taxes were up -to -date prior to the Respondent applying for lien reduction and there were no other violations that had to be corrected to bring the case before the Board. Gina Matilla, 2755 S. Federal Highway, Broker for the Bank, stated she received the assignment to list the property in August of last year. From then until March 19, 2012, the property was occupied. She inspected the premises every 10 days. She acknowledged even though it was the Bank's property, they could not trespass. The property was re -keyed on March 19th. She immediately obtained bids to secure the pool, clean it out and the pool was cleaned and secured by April 30th. She did not know of the violation because she gets notices or the posts on the door. The notice did go to the Bank, but it never got to the right place. The property was under contract since 7 Meeting Minutes Code Compliance Board Boynton Beach, FL September 19, 2012 May and was listed for $229K. She explained she had a buyer. The Bank spent about $23,000 on the property. They rehabbed the interior, fixed the pool and secured the gate. She spent countless hours inspecting and managing the property. Ms. Matilla became aware of the lien about two months ago when the property went to closing. She only was involved with the title, once the property was under contract. The home is under contract, but the owner does not feel they should pay a $96K lien. She also noted it was a gated community. Mr. Foot thought the community endured the damage to the home and thought a fine of $6,000 was appropriate. Chair Costantino inquired if staff started proceedings when the Lis Pendens was filed. She noted the brokers indicate they cannot enter the premises and so staff cites the Bank when the Lis Pendens was filed, therefore making the Bank responsible. Attorney Bridgeman clarified it is the Bank's responsibility to maintain the property according to the City's Ordinance. If the Bank takes the position they cannot go on property they have the mortgage on, that was their position. It was not the City's position. Ms. Matilla commented she was taught to not break the law when it comes to occupied properties and the Bank does not want vendors on the property when it was occupied. She made several attempts to contact the occupant. The Bank is responsible, once cited by the Code Compliance Officer. Chair Costantino explained the issue is the Ordinance was violated from a certain date. If the Bank does not address it, the Board does not have to be lenient. Ms. Matilla commented she understood there was a violation which they tried to address, but possession was nine tenths of the law. She and the Bank tried to pay the occupant to move several times and he never responded. Mr. Bucella noted the Bank does not want to assume liability of going on the property and they took a legal position that was opposed to the Ordinance. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2 -84 through 2 -89 of the City of Boynton Beach Code of Ordinances, Ms. Yerzy moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of March 21, 2012, to an amount of $9,600 including administrative costs. Mr. Foot seconded the motion that passed 5 -1 (Ms. Carroll dissenting). Case No. 08 -22 United Realty Management Inc. 135 NE 11th Avenue Ms. Springer presented the case as contained in the notice of violation dated January 3, 2008. The case was heard March 19, 2008, and no one appeared. A compliance date and fine was established as March 29, 2008, or a $100 a day fine would be imposed thereafter. The violations were corrected on June 21, 2012. The property, which was a 8 Meeting Minutes Code Compliance Board Boynton Beach, FL September 19, 2012 rental property, was up for sale. When the property was purchased, the former property owner held the mortgage and they foreclosed. Candice Smith, 1190 SW 20th Street, Boca Raton, was present as was Melanie Barney, of the same address. Ms. Barney explained her mother did a mortgage to United Realty as an investment. She loaned the real estate investor the money to improve the property and gave him a contract for one year. The investor paid the interest on the contract for 11 months. She invested her savings of $105,000. The investor defaulted on the loan after 11 months, so she did a deed in lieu of foreclosure, so a title search was not done at that point. When she initially took the property, a title search was done that confirmed there were no liens. The investor acquired a lien from replacing the roof which they learned of in 2012 due to an offer to sell. The lien was from 2008 when he did not obtain a permit for the new roof. Ms. Smith also inherited a septic tank problem, back taxes and several repairs from renters and evictions from non- payment. The home was also burglarized and all the appliances taken. She requested an extensive reduction. Ms. Smith commented when the roof was inspected, they were told they had to make additional repairs such as soffits, jalousie windows, screens, and more landscaping. Ms. Smith has no income so this was a hardship. They could not sell the home because no one would want the lien although they recently had an offer for $19K, but there was over $120K invested in the home. The investor then did a deed in lieu of foreclosure back to Ms. Smith, so there was no recourse. The home was rented at one time to a Section 8 tenant for a year, and then another tenant for three months who was evicted. Ms. Smith intended to sell the property for whatever they could get for it. Ms. Barney paid to hire an engineer to get the roof that was installed by the investor approved. The members discussed there were extenuating circumstances involved in this case. It was thought the Respondent was a senior victim of untrustworthy individuals. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2 -84 through 2 -89 of the City of Boynton Beach Code of Ordinances, Mr. Bucella moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of March 19, 2008, to an amount of $634.12 including administrative costs. Ms. Yerzy seconded the motion that unanimously passed. Ms. Smith praised the Boynton Beach Police Department for their assistance and guidance after the burglary. 9 Meeting Minutes Code Compliance Board Boynton Beach, FL September 19, 2012 Case No. 8 -3801 First Impressions Academy 3520 Old Boynton Rd. of Boynton Inc. Ms. Springer presented the case. The notice of violation was December 3, 2008, regarding non - payment of excessive false alarm fees. The case was heard on January 21, 2009, and no one appeared. A compliance date and fine was set by the Board for February 20, 2009, or a fine of $50 per day would be imposed thereafter. The violation was corrected on April 25, 2012. She noted the next case pertained to the same property. Ms. Springer explained she received a letter in April 2012 from the Respondent, Ms. O'Keefe, requesting information about the liens she had discovered that were on the property. Ms. O'Keefe was going through paperwork after an employee left and found them. She indicated she was not aware of the excessive false alarm fee because the information was never given to her. Staff had to do an extensive inspection on a commercial property to qualify for the reduction and only found the parking lot needed to be repaired. There were cracks in the concrete which were repaired. Janice O'Keefe, 8867 SE Marina Bay Drive, Hobe Sound, explained she had health problems in 2009 and she hired a general manager to run the three schools she operates in Boynton Beach. The first school in Boynton was in operation for 17 years. The other two were in operation for nine years, and they never had a problem. The schools are gold seal approved, they are accredited and for health issues, she had to hire a general manager who was an employee for 15 years. Ms. O'Keefe included a packet of materials the employee left for Ms. O'Keefe by the employee for the Board to pursue. When Ms. O'Keefe realized there was a problem, she advised the school needed to call a validator. The next day when Ms. O'Keefe went to the school to call, the employee had cleared everything out because she knew she would be caught. The employee never turned in the accreditation papers. She explained she had spent the last year saving her businesses. She had never signed anything regarding a violation. The violations were mailed to the schools and the employee or Director signed for many of them. She had worked diligently with Ms. Springer to conform the property to Code. She requested the lien be reduced to administrative costs. She explained the violations were a great burden and she appreciated the purpose of the ordinances. She wanted to be a good citizen and believed she has been for the past 17 years. The schools employ over 50 people and have provided care to City employees at their Seacrest location. Ms. Springer explained there were four false alarms: three were free and one unpaid. Had Ms. O'Keefe known about it, she could have had the opportunity to show the alarm may have been caused by a malfunction. There was one actual false alarm caused by an employee without the right code, which was a free one. Ms. O'Keefe did not know 10 Meeting Minutes Code Compliance Board Boynton Beach, FL September 19, 2012 about it, she did not have the opportunity to provide a work order to Ms. Springer within 30 days and have the fee waived. A copy of the letter the employee left for Ms. O'Keefe was included in the meeting materials. The day after Ms. O'Keefe spoke with Ms. Springer, she came in and paid the fee of $175. Ms. O'Keefe explained she and her husband were the sole owners. Chair Costantino inquired why Ms. O'Keefe did not check with the General Manager or double check on the operation. Ms. O'Keefe explained she was involved in the business, but not in the day -to -day operations, and she had no reason to distrust the employee. She had a 15 -year history with the employee who was educated and seemed to have Ms. O'Keefe's best interests at heart. Ms. O'Keefe explained she was proactive. They had problems with the alarm company so they got another. When prompted by the Board about whether money was taken, Ms. O'Keefe responded she did not want to make accusations that were not proven. She had consulted an attorney about unaccounted funds and with the verification needed, it would be cost prohibitive. Her concern was to have her schools accredited, which were now both gold seal accredited. Ms. O'Keefe did not file a police investigation and a suggestion was made to her that the matter could be pursued criminally. The members agreed this case had extenuating circumstances. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent, First Impressions Academy of Boynton, Inc., 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, Ms. Carroll moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of January 21, 2009, to an amount of $1,038.09 including administrative costs. Mr. Foot seconded the motion that unanimously passed. Case No. 9 -3839 First Impressions Academy 3520 Old Boynton Rd. of Boynton Inc. Ms. Springer presented the case which pertained to non - payment of Annual Fire Inspection Fees. The case was heard on January 20, 2010, and no one appeared. A compliance date was set for January 30, 2010, or a fine of $50 per day would be imposed thereafter. The violations were corrected on April 25, 2012. Ms. Springer explained this case arose during the same time the employee was employed as the general manager as in the previous case. She checked the record and explained every fire inspection fee prior to and after the subject time period was paid in full and on time. This fee was likely left on the desk unaddressed. Ms. O'Keefe had sent her copies of 11 Meeting Minutes Code Compliance Board Boynton Beach, FL September 19, 2012 payments that were made because she thought they were paid all along. Ms. Springer, pointed out the missed payment and she did not have a record of payment for it. Janice O'Keefe, 3520 Old Boynton Road, Boynton Beach, had no further testimony as the circumstances were the same as the previous case. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent, First Impressions Academy of Boynton Inc., 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 fine instituted in the aforementioned case by virtue of this Board's Order of January 20, 2010, to an amount of $846.03 including administrative costs. Ms. Yerzy seconded the motion that unanimously passed. Case No. 12 -1240 Lake Success Rentals LLC Location: 19 Peachtree Place Violation(s): CO CH10 SEC 10 -56 (D) CO CH13 SEC 13 -16 Repair or replace damaged or missing stucco on exterior wall. Business Tax Receipt needed to rent residence. Officer Herring presented the case as contained in the notice of violation. Staff recommended 30 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 Lake Success Rentals 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 19, 2012. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $150 per day for each day the violations continue past October 19, 2012, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case No. 12 -1462 Southern Homes of Palm Beach Location: 3081 Waterside Circle Violation(s): CO CH 10 SEC 10 -56 (A) (B) 12 Meeting Minutes Code Compliance Board Boynton Beach, FL September 19, 2012 CO CH15 SEC 15- 120(D) 1 Inc. B Trim trees and bushes along perimeter to 14 feet above street. Remove weeds and grass growing between wall and street.Officer Herring presented the case as contained in the notice of violation. The violations were corrected, however; the Respondent is a repeat violator. He recommended a Cease and Desist Order. Discussion followed whether the Cease and Desist Order was practical for these types of violations. Officer Herring agreed it was because the Respondent was constantly not monitoring the perimeter vegetation. He commented they are required to maintain the property in accordance with Code. There was a perimeter wall and when the vegetation hung over it, it was a violation. Photographs were distributed to the Board. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that a Cease and Desist Order be issued giving Southern Homes of Palm Beach County until September 29, 2012, to bring the violations of the City of Boynton Beach Code sections as cited into compliance. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that a fine in the amount of $250 per recurrence of the violation thereafter shall be imposed upon the Respondents. Mr. Bucella seconded the motion that passed unanimously. Case No. 12- 1024 Leon & Gail Jenkins Location: 304 NW 6th Avenue Violation(s): CO CH 13 SEC 13 -16 Business Tax Receipt needed to rent residence. Officer Pierre presented the case as contained in the notice of violation. Staff recommended 30 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 Leon and Gail Jenkins 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 October 19, 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, 13 Meeting Minutes Code Compliance Board Boynton Beach, FL September 19, 2012 a fine in the amount of $150 per day for each day the violation continues past October 19, 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- 1324 Francisco Alvarez Location: 2431 N. Seacrest Boulevard Violation(s): CO CH 15 SEC 15 -120 (D) Inc. CO CH 10 SEC 10 -56 (D) Remove unregistered /inoperable vehicle from the property. Install four -inch numbers on house to be visible from the street. 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 Francisco Alvarez 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 September 29, 2012. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past September 29, 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 -1344 Deutsche Bank National Trust Co. Property Address: 105 Arthur Court Violation(s): CO Ch 10 SEC 10 -51.5. Inc. Property that is vacant or subject to default must be registered and maintained per City Code. Register property, secure building, fix broken windows and remove trash and debris. Officer Pierre presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violation. The property was vacant, but was in a bad neighborhood. 4 Meeting Minutes Code Compliance Board Boynton Beach, FL September 19, 2012 Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Deutsche Bank National Trust Co. 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 September 29, 2012. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $250 per day for each day the violation continues past September 29, 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 -1468 21st Century Financial Inc. Property Address: 1531 NW 2nd Street Violation(s): CO CH15 SEC 15- 120(D) Inc. _ - Mow and trim property. Remove trash and debris. Officer Pierre presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that 21st Century Financial Inc. is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before September 29, 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 September 29, 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. Discussion followed the fine was too high. Mr. Bucella amended his motion to reflect a fine of $100 per day. Ms. Yerzy agreed to the amendment and the motion unanimously passed. Case No. 12 -1469 Gladys Jones Estate Property Address: 541 NW 9th Avenue Violation(s): CO CH15 SEC 15- 120(D) Inc. CO CH20 SEC 20 -6 15 Meeting Minutes Code Compliance Board Boynton Beach, FL September 19, 2012 Remove unregistered /inoperable vehicle from the property. Remove trash and debris. Trailer must be parked on a hard surface. Officer Pierre presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violation. Motion Based on the "testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Gladys Jones Estate 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 September 29, 2012. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past September 29, 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 -1252 3455 High Ridge Road, LLC Property Address: 3455 High Ridge Road Violation(s): BBA FBC '07 ED 105.1 Building permit expired. Renew permit. Officer Cain presented the case as contained in the notice of violation. Staff recommended 30 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that 3455 High Ridge Road, 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 October 19, 2012. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past October 19, 2012, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. 16 Meeting Minutes ' Code Compliance Board Boynton Beach, FL September 19, 2012 Case No. 12 -1312 Max Developers Inc. Property Address: 901 N. Congress Avenue Violation(s): LDR CH3 ART V SEC 3 E No mobile or temporary storage containers in C -3 District. Remove container(s). Officer Cain presented the case as contained in the notice of violation. Staff recommended 15 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that Max Developers Inc., is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before October 4, 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 October 4, 2012, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Yerzy seconded the motion that unanimously passed. Case No. 12 -1425 James R. Ferrero Property Address: 1 Renaissance Way # 108 Violation(s): Business Tax Receipt needed to rent residence. Officer Cain presented the case as contained in the notice of violation. Staff recommended 15 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that James R. Ferrero 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 October 4, 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 October 4, 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. 17 Meeting Minutes Code Compliance Board Boynton Beach, FL September 19, 2012 Case No. 12 -1428 Tracy Legenos & Shawn Maesel Property Address: 1 Renaissance Way #112 Violation(s): CO CH 13 SEC 13 -16 Business Tax Receipt needed to rent receipt. Officer Cain presented the case as contained in the notice of violation. Staff recommended 15 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Tracy Legenos & Shawn Maesel 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 October 4, 2012. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $150 per day for each day the violation continues past October 4, 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. It was noted the Respondents were repeat violators. Ms. Yerzy amended her motion to reflect a fine of $250 per day. Mr. Bucella agreed to the amendment and the motion unanimously passed. Case No. 12 -1448 Citibank NA Property Address: 653 SW 1st Court Violation(s): CO CH10 SEC 10 -51.5 Inc. Property that is vacant or subject to default must be registered and maintained per City Code. Remove bees around electric meter. Remove inoperable vehicle and outside storage. Mow, weed and trim overgrowth. Replace jalousie windows. Officer Guillaume presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Citibank NA 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 September 29, 2012. The Board has considered the gravity of the violation, the 18 Meeting Minutes Code Compliance Board Boynton Beach, FL September 19, 2012 actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $250 per day for each day the violation continues past September 29, 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 -1020 Celise & Gregory Kleinrichert Property Address: 695 NE 15th Place Violation(s): CO CH 15 SEC 15 -120 (D) Inc. CO CH 10 SEC 10 -56 (B) (D) CO CH 10 SEC 10 -3 Repair deteriorated dock, deck and structure materials or remove hurricane hazardous materials. Officer Lewis presented the case as contained in the notice of violation. The Respondents had some financial issues and were repeat violators. They requested 60 days. Some of the planks could become lose and be a hurricane hazard. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that Celise & Gregory Kleinrichert 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 November 18, 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 November 18, 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 that unanimously passed. Case No. 12 -1253 David Abotrool Property Address: 227 NE 11th Avenue Violation(s): BBA FBC 2010 ED 105.5 Secure permits for installed windows and stucco work. Red tagged. Officer Lewis presented the case as contained in the notice of violation. The property was unpermitted..There was another case pending and the property looked terrible. Staff recommended 10 days be given to correct the violation. 19 Meeting Minutes Code Compliance Board Boynton Beach, FL September 19, 2012 Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that David Abotrool 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 September 29, 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 September 29, 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 -1359 Cendy Odom Property Address: 209 Gateway Boulevard Violation(s): CO CH 13 SEC 13 -16 CO CGH10 SEC 10 -56 (B), (D) Business Tax Receipt needed to rent unit. Remove all outside storage, trash and debris. Officer Lewis presented the case as contained in the notice of violation. He commented the Business Tax Receipt was addressed. Only the outdoor storage and debris from the tenant remained outstanding. The landlord was, however, aware of it. The tenant was collecting tires. Officer Lewis spoke to the tenant when he posted the property and he explained what had to be done to the property. The landlord indicated it would be addressed, but it was not. Officer Lewis called to advise the landlord about the matter, and she was in North Carolina. Staff recommended 15 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that Cendy Odom 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 October 4, 2012. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $200 per day for each day the violation continues past October 4, 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. 20 Meeting Minutes Code Compliance Board Boynton Beach, FL September 19, 2012 Case No. 12 -1372 Southwest Jefferson Inc. Property Address: 225 NE 9th Avenue Violation(s): CO CH15 SEC 15 -120 (D) Inc. Mow and trim overgrown areas of property including rear property line. Remove trash and debris. Officer Lewis presented the case as contained in the notice of violation and recommended a compliance date of October 4, 2012. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that Southwest Jefferson Inc. is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before October 4, 2012. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $200 per day for each day the violation continues past October, 4 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 -1331 ABK Properties LLC Property Address: 112 SW 9th Avenue Violation(s): CO CH 13 SEC 13 -16 CO CH10 SEC10 -56 (A) (B) CO CHI SEC 15- 120(D) Inc. Mow, weed and trim overgrowth and maintain per City Code. Business Tax Receipt needed to rent residence. Officer Roy presented the case as contained in the notice of violation. Staff recommended a compliance date of September 29, 2012. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that ABK Properties 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 September 29, 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 21 Meeting Minutes Code Compliance Board Boynton Beach, FL September 19, 2012 Order, a fine in the amount of $250 per day for each day the violations continue past September 29, 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 -1363 Lake Success Rentals Property Address: 121 SW 7th Avenue Violation(s): CO CH15 SEC 150129(D) Inc. CO CH 10 SEC 10 -56 (A), (B), and (D) Remove all outside storage, trash and debris. Mow, weed and trim overgrowth. Business Tax Receipt required to residence. Officer Roy presented the case as contained in the notice of violation and recommended a compliance date of September 29, 2012. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that Lake Success Rentals 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 September 29, 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 September 29, 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 -1378 William R. Dunne Property Address: 1506 SW 22nd Street Violation(s): CO CH 15 SEC 15- 120(D) Inc. CO CH 10 SEC 10 -56 (A) (B) and (E) Mow, weed and trim overgrowth. Pressure clean roof and maintain property per City Code. Officer Roy presented the case as contained in the notice of violation and recommended a compliance date of October 4, 2012. 22 Meeting Minutes Code Compliance Board Boynton Beach, FL September 19, 2012 Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that William R. Dunne 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 4, 2012. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past October 4, 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 -1381 Bank of New York Trustee Location:' 137 SE 8th Avenue Violation(s) CO CH10 SEC 10- 51.5.1 Inc. Property that is vacant or subject to default must be registered and maintained per City Code. Mow, weed and trim overgrowth. Remove outside storage. Replace missing and ripped screens, replace missing windows, Repair concrete over front door, driveway and damaged soffit. Replace sprinkler pump, secure building at all openings and gates to be self - latching. Officer Roy requested this case be tabled to the next meeting. Motion Mr. Foot moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on October 17, 2012. Ms. Carroll seconded the motion that unanimously passed. Officer Herring recommended the following case be certified at $50 per day. Case No. 12 -752 Anthony Bruzzese 2152 NE 1st Way #205 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 July 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 23 Meeting Minutes Code Compliance Board Boynton Beach, FL September 19, 2012 amount of $50 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Officer Herring recommended the following case be certified at $200 per day: Case No. 12 -1180 Serge Alcin & Nerlee Escarlment 426 SW 8th Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondents have not complied with this Board's Order dated August 15, 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 $200 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. Foot seconded the motion that unanimously passed. Officer Herring recommended the following case be certified at $250 per day: Case No. 12 -875 Scott and Anna Robledo 125 NE 11th Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondents have not complied with this Board's Order dated August 15, 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 $250 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. Foot seconded the motion that unanimously passed. Officer Herring recommended the following cases be certified at $500 per day. Case No. 12 -448 BAC Home Loan Servicing LLP 8049 Stirrup Cay Court 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 July 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 24 Meeting Minutes Code Compliance Board Boynton Beach, FL September 19, 2012 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. Case No. 12 -966 Ernst and Jona Paul 1525 NE 1st Street 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 July 18, 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 $500 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that unanimously passed. Officer Herring recommended the following cases be certified at zero dollars or "No Fine": Case No. 11 -2463 Daniel Jerome 1621 NW 1st Court Motion Based on testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that the Respondent, Daniel Jerome, 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 December 21, 2011, 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." Mr. Bucella seconded the motion that unanimously passed. Case No. 12 -890 Jane Lindros & William R. Zigmont Jr. 1001 NE 7th Street Motion Based on testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that the Respondents, Jane Lindros and William R. Zigmont Jr. were in violation of the City of Boynton Beach Code sections as cited subsequent to the date of compliance specified in the Board's Order of June 20, 2012, and in consideration of the gravity of the violations and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents, that this Board impose and certify "No Fine ". Mr. Bucella seconded the motion that unanimously passed. 25 Meeting Minutes Code Compliance Board Boynton Beach, FL September 19, 2012 Case No. 12 -784 Ka Hock & Jeanne Go 3452 W. Boynton Beach Blvd. Motion Based on testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that the Respondents, Ka Hock & Jeanne Go were in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Order of August 17, 2012, and in consideration of the gravity of the violation and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents, that this Board impose and certify "No Fine." Mr. Bucella seconded the motion that unanimously passed. Case No. 12 -470 Bank of New York 5 Corrie Place Motion Based on testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that the Respondent, Bank of New York 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 June 20, 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." Mr. Bucella seconded the motion that unanimously passed. Case No. 12 -978 Gary & Andrea Schneider 329 SW 14th Avenue Motion Based on testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that the Respondents, Gary & Andrea Schneider were in violation of the City of Boynton Beach Code sections as cited subsequent to the date of compliance specified in the Board's Order of July 18, 2012, and in consideration of the gravity of the violations and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents, that this Board impose and certify "No Fine." Mr. Bucella seconded the motion that unanimously passed. Case No. 12 -1179 Countrywide Home Loans Inc. 228 SW 8th Avenue Motion Based on testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that the Respondent, Countrywide Home Loans Inc. was in violation of the City of Boynton Beach Code sections as cited subsequent to the date of compliance specified in the Board's Order of August 15, 2012, and in consideration of 26 Meeting Minutes Code Compliance Board Boynton Beach, FL September 19, 2012 the gravity of the violations and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent, that this Board impose and certify "No Fine." Mr. Bucella seconded the motion that unanimously passed. Case No. 12 -1185 Robert Jr. and Elizabeth Stibal 441 SW 10th Avenue Motion Based on testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that the Respondents, Robert Jr. and Elizabeth Stibal were in violation of the City of Boynton Beach Code sections as cited subsequent to the date of compliance specified in the Board's Order of August 15, 2012, and in consideration of the gravity of the violations and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents, that this Board impose and certify "No Fine." Mr. Bucella seconded the motion that unanimously passed. Case No. 12 -1226 Shawn Maesel 806 S. Seacrest Boulevard Motion Based on testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that the Respondent, Shawn Maesel, was in violation of the City of Boynton Beach Code sections as cited subsequent to the date of compliance specified in the Board's Order of August 15, 2012 and in consideration of the gravity of the violations and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent, that this Board impose and certify "No Fine." Mr. Bucella seconded the motion that unanimously passed. Officer Herring requested the following case be tabled to October 17, 2012, Case No. 12 -1002 KNHK LLC 330 S. Congress Ave. #18 Motion Ms. Yerzy moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on October 17, 2012. Mr. Bucella seconded the motion that unanimously passed. 27 Meeting Minutes Code Compliance Board Boynton Beach, FL September 19, 2012 Officer Herring requested the following case be tabled to November 19, 2092, Case No. 11 -2315 Home Depot USA 1500 SW 8th Street Motion Mr. Bucella moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on November 19, 2012. Ms. Carroll seconded the motion that unanimously passed. VI. Adjournment Motion There being no further business to discuss, Ms. Yerzy moved to adjourn. Ms. Carroll seconded the motion that unanimously passed. The meeting was adjourned at 8:19 p.m. Catherine Cherry Recording Secretary 092412 28