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Minutes 10-17-12 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, OCTOBER 17, 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 Gary Cole, 2nd Vice Chair Alan Borrelli Robert Bucella Rose Marie Yerzy ABSENT: Kathleen Carroll I. CaII to Order Chair Costantino called the meeting to order at 6:30 p.m II. Approval of August 15, 2012 Code Board Minutes The following changes were made to the minutes: Case #12 -961, page four, the fourth line down should read uninhabitable, not Inhabitable. Case #12 -1158, page five, last line in the motion should read Mr. Foot seconded the motion, not amendment Case #12 -1225, page, 10, after the case, it should be notated Mr. Foot left the meeting. Case #12 -988, page 17, the fine amount should be $250.00, not $280.O0- Case # 12 -933, page 25, the following cease and desist cases be certified, not the following cases be issued a cease and desist order. Motion Mr. Cole moved to approve the minutes as amended. Ms. Yerzy seconded the motion that unanimously passed. III. Approval of Agenda Pete Roy, Chief Code Compliance Officer, announced the following changes to the agenda: Meeting Minutes Code Compliance Board Boynton Beach, FL October 17, 2012 Case No. 12 -611 should be tabled to November 19, 2012. Motion Ms. Yerzy moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on November 19, 2012. Mr. Cole seconded the motion that unanimously passed. Case No. 12 -932 was requested to be tabled to November 19, 2012. Motion Mr. Bucella moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on November 19, 2012. Mr. Cole seconded the motion that unanimously passed. Case Nos. 12 -1460, 12 -1465, 12 -1521, 12 -1523, 12 -1529, 12 -1563, 12 -1564, 12 -1568, and 12 -1374 were removed. Case No 12 -505 complied Motion Vice Chair Foot moved to approve the agenda as amended. Mr Cole seconded the motion that unanimously passed. IV. Swearing in of Witnesses and Introduction Attorney Bridgeman explained the hearing procedures and administered an oath to all who intended to testify. V. New Business Officer Roy called the roll and determined who was present. Chair Costantino requested pg. 40, Case No. 12 -947 be heard first. Case No. 12 -947 Ellington Beckles, Est. Location: 310 NW 16 Court Violation(s): CH 10 CH 10 -56(A) CH 15 SEC 15- 120(D) INC Mow and trim yard and hedges and remove unregistered and inoperable vehicles 2 Meeting Minutes Code Compliance Board Boynton Beach, FL October 17, 2012 Vestiguerne Pierre, Senior Code Compliance Officer, presented the details of the case. He noted the Respondent was present. Jerry Beckles, 310 NW 16 Court, was the son of the deceased. He pled no contest. He requested two months. He indicated most of the violations were corrected. He had to remove one vehicle and remove the debris collected from the property. Mr. Beckles advised that in reference to his father's work truck, the State recommended he wait to dispose of the vehicle until after the probate process was completed at which time he would dispose of it. The other vehicles were operable and were used for daily transportation. It was noted he had received a three -month extension to take care of the violations in the past. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Ellington Beckles, Est. is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before November 16, 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 November 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. Foot seconded the motion that unanimously passed. Case No. 12 -655 Houssam & Marcie Tannous Location: 20 Heather Cove Drive Violation(s): CH 10 SEC 10 -56 (A) (B) (C) Repair driveway, clean pool, mow yard and remove all trash and debris. Repair siding on house. Courtney Cain, Code Compliance Officer, presented the details of the case. This case originated as a citizen complaint Thirty days had been given to comply and the Respondent was present. Houssam Tannous, 20 Heather Cove Drive, pled no contest. He advised he had a heart attack in May and Officer Cain gave him three months to get caught up. However, he was still physically struggling and felt another 30 days should be enough time to fix the remainder of the items. 3 Meeting Minutes Code Compliance Board Boynton Beach, FL October 17, 2012 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Houssam and Marcie Tannous 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 16, 2012. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past November 16, 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 -651 Robert Domenick Location 2316 SW 23 Cranbrook Drive Violation(s). BBA FBC 07 ED. 105.1 Permit expired Property red tagged Luney Guillaume, Code Compliance Officer, presented the case as noted above. This was an expired permit issue. The Respondent was present. Marjorie Levine, 6743 Royal Orchid Circle, Delray Beach was the attorney for Washington Mutual, and pled no contest. She requested 90 days to secure the permit and it was denied. The Board approved 45 days for her to contact the client and apply for a new permit. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Robert Domenick 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 December 1, 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 December 1, 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 -988 Bank of America National Assoc. Location: 2651 NW 2 Street Violation(s): CO CH 10 SEC 10 -51.5 INC 4 Meeting Minutes Code Compliance Board Boynton Beach, FL October 17, 2012 Foreclosure property must be registered. Mow overgrown yard, trim overgrown vegetation and secure all doors and windows. Officer Guillaume presented the details of the case. The compliance date set was August 25, 2012 or $250 per day. The violations still exist. Marjorie Levine, 6743 Royal Orchid Circle, Delray Beach was the attorney for Bank of America. She advised the Bank was not granted the Certificate of Title as the defendants just declared bankruptcy so the Bank cannot proceed to Certificate of Title, and the sale must be vacated. Chair Costantino reminded the Respondent that the Board was ready to put a lien on the property, but the Respondent insisted they could not comply with all the violations as it would be trespassing Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that the Board find that the Respondent has not complied with this Board's Order dated August 15, 2012. 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 on this certification of fine Mr. Bucella seconded the motion that passed unanimously. Chair Costantino advised the Respondent the fine was $13,634.12 and will continue to run at $250 per day. Case No. 12 -1398 Donna A. Morris Property Address: 2292 SE 4 Street Violation(s): CO CH 2.5 SEC. 2.5 -3, 2.5 -7 Alarm Permit/Decal Display John Herring, Code Compliance Officer, presented the details of the case The case arose from a police department referral. The initial inspection date was July 26, 2012. The City recommended 10 days . The Respondent was present. Donna A. Morris, 2292 SE 4 Street, pled no contest. She advised the alarm had been disarmed. Even though the alarm was still wired in, it was not connected to the phone system any longer. She keeps the signs out for deterrence. Officer Herring indicated the false alarm paperwork was generated on April 6, 2012. Ms. Morris indicated the alarm went off while she was up north and terminated it when she returned. There was brief discussion whether the case should be dismissed as there was no violation or keep it as a violation. It was the alarm initially going off that created the paperwork for the violation. 5 Meeting Minutes Code Compliance Board Boynton Beach, FL October 17, 2012 Diane Springer, Code Compliance Coordinator, advised that the alarm went off on April 6, 2012 and the police responded, finding no decal. She was cited to obtain the decal. As far as the City is concerned, unless she proves that she does not have an alarm, she needs a decal. There was evidence she had an alarm in April. There was no evidence she does not have an alarm now. If she can prove she does not have an alarm, the case would be dropped. If she does not purchase a decal and the alarm goes off, she would still be in violation. A letter from her alarm company would be acceptable proof. It was decided to table the case to enable the Respondent to produce a letter. Motion Ms. Yerzy moved that the aforementioned case be tabled to November 19, 2012. The motion was seconded by Mr. Cole and passed 5 -1. (Mr. Foot dissenting). Case No. 12 -1601 Bernardo Fontana Location. 243 SE 24 Avenue Violation(s) CO CH13 SEC 13 -16 Business Tax Receipt needed to rent residence. Officer Cain presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Paolo Fontana, 2000 Murano Bay Drive, advised he and his father own the property but his father was ill and in New York. He pled not guilty. Mr. Cain indicated he was cited to obtain a Business Tax Receipt and proof was needed that he had one Mr. Fontana commented it began when there was a big electrical problem that needed repair. Officer Cain, FPL, and others were present at the home to try and remedy the situation. Over the course of a long weekend during the summer, Mr. Fontana advised he had all the electric brought up to code, the wiring was replaced, and the boxes all redone. During the process, Officer Cain inspected both apartments and it was noted that there was not a rental license. He advised he was not aware and would take responsibility for that. He paid the prorated amount, paid the permit, hired a contractor, and had everything to code in the apartment in question. In the second apartment, the tenant stopped paying rent and he received judgment from the court. He would have had everything repaired in that apartment also, but lost a few weeks being out of town tending to his sick father. He requested more time as he was starting the eviction process on the other apartment and as soon as the tenant was evicted, he would fix all the violations. He also indicated his check for the rental license for 2012 was returned 6 Meeting Minutes Code Compliance Board Boynton Beach, FL October 17, 2012 as he was told he needed to have an inspection done before payment could be accepted. He also wanted time to get the second apartment tenant evicted so he could complete requirements on that apartment also. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Bernardo Fontana 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 November 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 $100 per day for each day the violations continue past November 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. There was discussion by Officer Cain indicated that because an eviction was involved, it may take longer than 30 days to comply. Mr. Cole amended his motion giving Mr. Fontana 60 days to December 16, 2012. Mr. Bucella seconded the motion that unanimously passed. Case No. 12 -1194 Suddueth Asset Mgmt Trust Agreement Location: 1005 SW 5 Court Violation(s). CO CH10 SEC 10 -56 (A) (B) (D) BBA FBC 2010 ED. 105.1 Work done without proper permit, as noted in the red tag. Current evidence of roof leaking and water leaking into structure Roof sheathing is rotted, rafters are rotted and damaged. Fascia board replaced without proper sealing against water. Flat roof on rear of structure in disrepair and leaking. Officer Guillaume presented the details of the violation. He presented photographs for the Board to review. The Respondent was present and given 15 days to comply David Sutton, 708 Staffordshire Lane, Sun City Center, FL was representing his wife who owned the property and pled not guilty. He advised he had a diary of each day since the gutter fell off the house in June. He was notified by the tenant that the gutter had fallen off the home but since he was a general contractor, Mr. Sutton gave his permission to have the gutter and fascia replaced and he would pay the expenses. After three days, the tenant advised he did not want to take responsibility for it, so Mr. Sutton travelled from New York to Florida to fix it himself. He did the repair, and an inspector came and approved the repair, but shortly after a chief inspector arrived and 7 Meeting Minutes Code Compliance Board Boynton Beach, FL October 17, 2012 rejected the repair. He since had two insurance adjusters, two wind mitigations and a roof inspector licensed by the State to provide a five year warranty against leaks. The pictures shown are from the rear overhang of the porch which, Mr. Sutton claimed was not an inhabitable part of the home or a part that could leak into the home. Mr. Sutton advised that the tenant had been forcibly removed from the home eight weeks prior. He was confused as to why the building inspector was contacting the tenant about the gutter and not his wife, the owner of the home. He was very recently informed by his tenant, not the Board that there was a hearing this date. He provided documentation of all the work performed. Chair Costantino inquired of Mr. Sutton whether any paid contractor had pulled a permit for the work. Chair Costantino called for a recess at 7:27 p.m. due to the rain and inability to hear. Chair Costantino reconvened the meeting at 7:32 p.m. Mr. Sutton advised that he had made repairs to the exterior overhang fascia on the porch. He reiterated the information from his inspections and from the numerous entities he summoned that stated everything was repaired sufficiently except for the area outside the home, which in his opinion, was not structural. Mr. Foot also presented the question on the issue of the permit. Mr. Sutton advised a permit was not required to "waterproof' a home. Mr Foot commented the City does not agree as they cited him for not having a permit. Ms. Springer advised this was originally a complaint from Mr. Sutton's tenant. Code Enforcement notified the Building Division of work done on the fascia. The section that fell off with the gutter was replaced by the property owner but was replaced incorrectly, with no waterproofing. The Building Division, upon inspection, found the rotten wood, fascia boards, the Teaks on the inside of the property, and the roof that needed repair. Mr. Sutton was also cited to obtain the permit for work that was already done on the fascia, and to repair the rotted rafters and damage due to water infiltration on the flat roof and the fascia board which was replaced without proper sealing, and had to be taken care of. A contractor applied for and received the permit. The still outstanding items were the repairs. The family was notified by certified mail three times. Each time the certified letter was sent, the post office was not able to obtain a signature. Ms. Springer advised Mr. Sutton called her a few weeks ago and explained they never received a letter, so she emailed and sent by regular mail, the notice to appear tonight. Mr Sutton argued that the pictures showed the exterior overhang of a porch which was not structural. He felt they were not part of the roof that would come down and cause Teaks indoors, which was what Code Enforcement addressed. In addition, he stated he had proof from a state certified roofer that there was no evidence of any kind of leakage or damage from leakage inside the home. 8 Meeting Minutes Code Compliance Board Boynton Beach, FL October 17, 2012 There was further discussion on the issue of whether the back structure was a part of the home and it was the opinion of the Board that the Respondent must have the contractor who pulled the permit, make the repairs on the roof and call for an inspection. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Suddueth Asset Mgmt Trust Agreement 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 December 16, 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 December 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. Bucella seconded the motion that unanimously passed. The Respondent became angry and had to be removed by the police officer in attendance. Case No. 12- 1068 Robert S. Cole Location 728 NE 9 Avenue Violation(s) CO CH 15 SEC 15 -120 (D) INC CO CH 10 SEC 10 -56 (B) (D) Mow and trim overgrown weeds, grass and bushes on the property. Repair or replace deteriorated wood siding on the east side of the building. Skip Lewis, Senior Code Compliance Officer, presented the case as contained in the notice of violation. The only violation left to correct was to fix the siding on the side of the house. Robert Cole, 728 NE 9 Avenue, pled no contest. He indicated he could complete the work in 30 days. Motion Based on the testimony and evidence presented in the aforementioned case, Mr Bucella moved that this Board find that Robert S. Cole 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 November 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 9 Meeting Minutes Code Compliance Board Boynton Beach, FL October 17, 2012 Order, a fine in the amount of $150 per day for each day the violations continue past November 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 -1605 U.S. Bank National Association Tr. Property Address 1498 NW 1 Street 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, repair fence, mow all overgrown yard areas and trim overgrown vegetation on property and right -of -way. Officer Pierre presented the case as contained in the notice of violation. He indicated everything was complied with except the fence. Ian Norge, 2727 West Cypress Creek Boulevard, Ft. Lauderdale, pled no contest. He advised the Bank does not have title to the property. He represents JP Morgan, who was actually the first mortgage holder on the property. The foreclosure action had not been filed but would be filed within the next few weeks and then it would go through the foreclosure process. Mr. Norge did not anticipate it would take a long time to get judgment, but could not provide a specific date in which the Court would issue judgment and pass title to the client Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that U.S. Bank National Association Tr. is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violations on or before December 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 $150 per day for each day the violations continue past December 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. Ms. Yerzy seconded the motion that unanimously passed. Case No. 12 -1726 Sandra Bailey Property Address 1851 NE 2 Lane Violation(s): CO CH15 SEC 15- 120(D) INC Remove all unregistered vehicles from the property Remove trash and debris. 10 Meeting Minutes Code Compliance Board Boynton Beach, FL October 17, 2012 Officer Pierre presented the case as contained in the notice of violation Officer Pierre provided photographs and indicated that he and the Respondent had gone back and forth on the phone. The only thing she did was move the trash from the front of the house to the back of the house to comply. Officer Pierre advised her that action would not comply the case, it would have to be moved off the property. He was requesting a Cease and Desist Order. Sandra Bailey, 644 Las Palmas Park, pled not guilty and advised her tenant collects things and takes them apart. She commented the violation was to clean up the front yard and dispose of the truck. The truck was removed and the front yard was clean. Every photograph presented by Officer Pierre was the back yard. She felt she complied with the violation, and advised the tenant was slowly hauling things away from the back yard. She requested 60 days to give the tenant time to dispose of everything. Officer Pierre would not agree to 60 days. Mr. Foot commented on the repeat offender status Officer Pierre indicated it was for the same incident of piling debris in the front and backyard. Ms. Bailey disputed the accusation that she was a repeat offender, claiming she had never received any violation notifications. There were discussions on what could have labeled her a repeat offender. She was informed it did not have to be on the same property and since she owns 10 properties, she could have been cited in the past on one of the other properties. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that Sandra Bailey 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 November 16, 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 November 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. Discussion followed and the opinion was the fine was too low. Mr. Bucella amended his motion to reflect a fine of $500 per day. Mr. Foot seconded the motion and the motion unanimously passed. Motion Based on testimony and evidence presented in the aforementioned case, Mr. Cole moved that a Cease and Desist Order be issued giving Sandra Bailey until November 19, 2012 to bring the violation of the City of Boynton Beach Code section as cited into compliance The Board has considered the gravity of the violation, the actions taken by 11 Meeting Minutes Code Compliance Board Boynton Beach, FL October 17, 2012 the Respondent, and any previous violation by the Respondent, and hereby orders that a fine in the amount of $500 per reoccurrence of the violation thereafter shall be imposed upon the Respondent. The motion was seconded by Mr. Foot and unanimously approved. Case No. 12 -1669 US Bank National Association Tr. Property Address. 309 SW 4 Street Violation(s) CO CH15 SEC 15- 120(D) INC CO CH 10 SEC 10 -56 (A) (B) CO CH13 SEC 13 -16 Remove unregistered /inoperable vehicle from the property. Maintain property. A Business Tax Receipt is required to rent property Officer Roy presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violation. He noted the Respondent has had Certificate of Title since August 5, 2010. Jason Abolsky, 7000 W. Palmetto Park Road, Boca Raton, requested to table the matter for 60 days and pled no contest. He explained the previous owners that were foreclosed upon were still occupying the property. It was their inoperable vehicle. The Bank was working on a modification to restore title in their name and hope to have it within 45 days. The Bank would like the owner of the vehicle to appear before the Board, but plans to address the issue within the 45 day time frame to get it resolved. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that US Bank National Association Tr. 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 December 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 December 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. Ms. Yerzy seconded the motion that unanimously passed. Case No. 12 -1083 Lake Success Rentals Property Address: 121 SE 5 Avenue Violation(s). BBA FBC 2010 ED 105.1 Building permit required, as noted in red tag. 12 Meeting Minutes Code Compliance Board Boynton Beach, FL October 17, 2012 Officer Guillaume presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violation and the violation still existed Leia Benacio, 4813 Gateway Gardens Drive, was representing Lake Success Rentals. She explained that a permit was applied for at the beginning of September. They received notification that the plans would have to be modified by the engineer. She immediately contacted the engineer and provided all the paperwork and this date it was submitted for a second review and the permit to be issued. All work was stopped in June because of the issue with the permit. It took time to find another engineer and have him draw the plans and submit them and then hire a contractor. The manager previously handling this property was fired and misfiled the original paperwork which was why no one showed up to the original hearing. She was requesting 30 days for permit and inspections. Motion Mr. Foot moved to table the aforementioned case to November 19, 2012. The motion was seconded by Mr. Cole and unanimously passed Case No. 12 -933 Arthur S. Lubus, Jr. Property Address: 620 NW 10 Court Violation(s). LDR CH3 ART IV SEC 3 (C) LDR CH3 ART IV SEC 3 (D) CH13 SEC 13 -16 CH15 SEC 15 -120 (D) INC Cease storage and shipment of cars from property. Business Tax Receipt required. Officer Herring presented the case as contained in the notice of violation. A Cease and Desist Order was set by the Board on July 28, 2012 or $500 per occurrence. Dates of occurrences were September 21, 2012, September 25, 2012, October 4, 2012, October 5, 2012, October 6, 2012, and October 10, 2012 for a total of six occurrences. The violation for the Business Tax Receipt was complied. Arthur Lubus, 10295 NW 18 Drive, Plantation, FL, advised this was a rental property. He had been at the property several times and complied with the Business Tax Receipt. When he visits, there appears to be no violation, speaks to the tenant and the tenant states there was no violation. He received an email with a picture and he told the tenant to cease the activity and advised it was not permitted. He was unsure what to do at this point with the tenant Officer Herring advised he had spoken to the tenant and he did state that he buys and ships cars He also stated he had a property somewhere within the county with industrial zoning. Officer Herring advised the tenant this type of activity was not allowed in a residential zone. When the Cease and Desist was first ordered, he had one occurrence, and then it stopped, and then became sporadic. 13 Meeting Minutes Code Compliance Board Boynton Beach, FL October 17, 2012 Chair Costantino advised Mr Lubus that the fine was currently $3,826.18 including administrative costs and this hearing was to certify the fine. Mr. Lubus asked for suggestions as to what he could do to prevent his tenant from continuing this activity. There was brief discussion on possible police intervention. Motion Based on testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that the Respondent on September 21, 2012, September 25, 2012, October 4, 2012, October 5, 2012, October 6, 2012, and October 10, 2012 did not comply with this Board's Cease and Desist Order dated July 18, 2012, and having considered the gravity of the violation, and the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $500 per occurrence for six occurrences plus administrative costs. Mr. Cole seconded the motion that passed unanimously. Chair Costantino called for a recess at 8:19 p.m. Chair Costantino reconvened the meeting at 8:26 p.m. Case No. 12 -1381 Bank of New York Trustee Property Address: 137 SE 8 Avenue Violation(s) CO CH10 SEC 10 -51.5 INC Mow, weed and trim all overgrowth, remove outside storage, replace ripped and missing screens, replace missing windows, repair concrete over front door and driveway, repair damaged soffit, replace sprinkler pump, gate should be self latching and secure all property openings. Officer Roy presented the case as contained in the notice of violation All the violations still exist except the mowing. Staff recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Bank of New York Trustee 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 27, 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 $350 per day for each day the violation continues past October 27, 2012, plus administrative costs shall be imposed. The Respondent is further ordered 14 Meeting Minutes Code Compliance Board Boynton Beach, FL October 17, 2012 to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Bucella seconded the motion that unanimously passed. Case No. 12 -1598 Cheryl D. Marshall Property Address: 2491 NW 2 Street Violation(s) CO CH 2.5 SEC 2.5 -3, 2.5 -7 Alarm permit/decal display location. Officer Herring 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 Cheryl D. Marshall 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 27, 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 27, 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 -1771 Joseph M. and Beverly Tucker Property Address: 219 SE 23 Avenue Violation(s) CO CH 2 SEC 2.5 -12, 13 Excess false alarms. Officer Herring 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 Joseph M. and Beverly Tucker 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 27, 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 October 27, 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 15 Meeting Minutes Code Compliance Board Boynton Beach, FL October 17, 2012 arrange for re- inspection of the property to verify compliance with this Order. Mr. Bucella seconded the motion that unanimously passed. Case No. 12 -1775 Logra Management Inc. Property Address. 3557 W. Boynton Beach Blvd Violation(s): CO CH 2.5 SEC 2.5 -3, 2.5 -7 CO CH 2.5 SEC 2.5 -12, 2.5 -13 Excess false alarms Alarm permit/decal display location Officer Herring presented the case as contained in the notice of violation. He advised the false alarms had complied. The decal was required. Staff recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Logra Management, 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 27, 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 27, 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 -1430 Equity Trust Co. Property Address: 1 Renaissance Way, 201 Violation(s): CO CH13 SEC. 13 -16 Must obtain Business Tax 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, Mr. Bucella moved that this Board find that Equity 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 November 1, 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 16 Meeting Minutes Code Compliance Board Boynton Beach, FL October 17, 2012 November 1, 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 -1456 Richard S. Lacertosa Property Address: 1 Renaissance Way, 202 Violation(s). CO CH 13 SEC 13 -16 Business Tax Receipt needed to rent unit Officer Cain requested the aforementioned case be removed from the agenda. Motion Ms. Yerzy moved to remove the aforementioned case from the agenda. Mr. Bucella seconded the motion that unanimously passed. Case No. 12 -1522 Howard Taft Property Address: 1 Renaissance Way, 303 Violation(s): CO CH13 SEC 13 -16 Business Tax Receipt required. 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, Ms. Yerzy moved that this Board find that Howard Taft 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 November 16, 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 November 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 -1524 Alan and Lisa J. Candeub Property Address. 1 Renaissance Way, 307 Violation(s): CO CH13 SEC 13 -16 Business Tax Receipt needed to rent residence. 17 Meeting Minutes Code Compliance Board Boynton Beach, FL October 17, 2012 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, Ms. Yerzy moved that this Board find that Alan and Lisa J. Candeub are in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondents correct the violation on or before November 16, 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 November 16, 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 -1567 Lakhbir Manak Property Address: 1 Renaissance Way, 410 Violation(s) CO CH13 SEC 13 -16 Business Tax Receipt required. Officer Cain requested the aforementioned case be removed from the agenda. Motion Ms. Yerzy moved to remove the aforementioned case from the agenda. Mr. Cole seconded the motion that unanimously passed. Case No. 12 -1733 Kathleen L., Kevin J., & Michael J. Ogonowski Property Address 522 SE 20 Court Violation(s): CO CH10 SEC 10 -52 CO CH10 SEC 10 -56 (A) (B) CO CH15 SEC 15 -120 (D) INC Mow overgrown yard, trim all hedges, bushes and trees, and remove all inoperable vehicles from property. 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. Bucella moved that this Board find that Kathleen L., Kevin J., & Michael J. Ogonowski 18 Meeting Minutes Code Compliance Board Boynton Beach, FL October 17, 2012 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 16, 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 November 16, 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 -1288 FBM Leasing Corp Location: 130 SE 14 Avenue Violation(s) CO CH10 SEC 10 -56 (A) (B) (E) CO CH10 SEC 10 -57 (A -C) CO CH10 SEC 10 -58 (A -F) CO CH10 SEC 10 -59 (A) (C) (D) (E) CO CH13 SEC 13 -16 Make repairs in Units 1 -5 to include repair of all plumbing fixtures and drainage, repair any electrical problems, and replace rotted cabinets, repair locks and doors. There is sewage backup in Unit 3. Repair any leaks in air conditioning and refrigerators. Must obtain Business Tax Receipt. Officer Guillaume 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 FBM Leasing is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violations on or before November 1, 2012. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $350 per day for each day the violations continue past November 1, 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 with discussion from Mr. Foot. He questioned the long list of violations. There were 5 units in this property. The motion failed 3 -3 (Chair Costantino, Messrs Foot, Cole dissenting). 19 Meeting Minutes Code Compliance Board Boynton Beach, FL October 17, 2012 Mr. Foot amended the motion giving to November 16, 2012 to correct the violations or pay a fine of $1,000 per day. The motion failed for a lack of a second. Mr. Cole amended the motion giving to November 16, 2012 to correct the violations or pay a fine of $500 per day. Mr. Bucella seconded the motion that passed 5 -1. (Mr. Foot dissenting). Case No. 12 -1471 James Tuccillo Property Address 212 SE 1 Avenue Violation(s): CO CH15 SEC 15 -120 (D) INC Mow overgrown yard, trim overgrown vegetation, and remove all outside storage 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 James Tuccillo 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 27, 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 27, 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 -1491 Vanessa Padalino Property Address. 205 NE 3 Street, 107 Violation(s): CO CH13 SEC 13 -16 Business Tax Receipt required. 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 Vanessa Padalino 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 27, 2012. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent 20 Meeting Minutes Code Compliance Board Boynton Beach, FL October 17, 2012 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 27, 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 -1676 Laina & Leon Feinstein Property Address: 508 SW 1 Street Violation(s): CO CH13 SEC 13 -16 CO CH10 SEC 10 -56 (E) Business Tax Receipt required. Repair bedroom and kitchen ceiling and repair or replace roof. 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 Laina and Leon Feinstein are in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondents correct the violations on or before October 27, 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 October 27, 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 passed 5 -1 (Mr. Borelli dissenting). Case No. 12 -960 Johnny Marcandy Property Address: 317 NW 7 Court Violation(s): CO CH13 SEC 13 -16 BBA FBC 2010 ED. 105 1 Business Tax Receipt required. Obtain permit for carport enclosure. Officer Herring presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violation. 21 Meeting Minutes Code Compliance Board Boynton Beach, FL October 17, 2012 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that Johnny Marcandy 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 27, 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 27, 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 -1506 Jennifer Bates Property Address 903 SW 27 Terrace Violation(s) CO CH15 SEC 15 -120 (D) INC LDR CH3 ART.IV SEC 3 (C) Remove all unregistered and/or inoperable vehicles. Refrain from storing cars and shipping cars from property. Officer Herring presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violation. Officer Herring also requested a Cease and Desist Order be issued. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Jennifer Bates is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violations on or before October 27, 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 $300 per day for each day the violations continue past October 27, 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 Motion Based on testimony and evidence presented in the aforementioned case, Mr. Cole moved that a Cease and Desist Order be issued giving Jennifer Bates until October 28, 2012 to bring the violation of the City of Boynton Beach Code section as cited into 22 Meeting Minutes Code Compliance Board Boynton Beach, FL October 17, 2012 compliance. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violation by the Respondent, and hereby orders that a fine in the amount of $500 per occurrence of the violation thereafter shall be imposed upon the Respondent. The motion was seconded by Ms. Yerzy and unanimously approved. Case No. 12 -1713 Lawrence W. King, Jr. Property Address: 978 Old Boynton Road Violation(s). CO CH10 SEC 10 -56 (A) (B) (D) (G) CO CH15 SEC. 15 -120 (D) INC Remove outside storage. Remove all inoperable /unregistered trailer and vehicles. Secure the property, obtain a permit for the shed, replace /repair all damaged or missing fascia, repair or replace all broken or missing windows, and remove all trash and debris. Officer Herring 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 Lawrence W. King, Jr. is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violations on or before October 27, 2012. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $1000 per day for each day the violations continue past October 27, 2012, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Foot seconded the motion that unanimously passed. Case No. 12 -140 James J. and Jeffrey S. Gillum Property Address. 330 NE 26 Avenue, 115 Violation(s): BBA FBC 2004 105.1 New permit required to replace expired one. Officer Lewis presented the case as contained in the notice of violation. Staff recommended 60 days be given to correct the violation. 23 Meeting Minutes Code Compliance Board Boynton Beach, FL October 17, 2012 Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that James J. and Jeffrey S Gillum 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 December 16, 2012. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past December 16, 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 -636 Ralph Lowe Property Address: 1619 NE 3 Street Violation(s) CO CH10 SEC 10 -56 (A) (B) (D) BBA FBC '07 ED. 105.1 Permit is required for enclosure and windows. Repair shutters, scrape and paint outside walls, sod areas of lawn. Officer Lewis presented the case as contained in the notice of violation. Staff recommended 90 days be given to correct the violation. The only violation remaining is to obtain the permit. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that Ralph Lowe is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violations on or before January 15, 2013. 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 January 15, 2013, 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 -1387 Albert Pica, Jr. Property Address 817 N. Railroad Avenue, B Violation(s). CO CH13 SEC 13 -16 BBA FBC 2010 ED. 105 1 24 Meeting Minutes Code Compliance Board Boynton Beach, FL October 17, 2012 Business Tax Receipt required. Secure permit for renovation work. Officer Lewis 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, Ms. Yerzy moved that this Board find that Albert Pica, Jr. is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violations on or before November 16 1, 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 November 16 1, 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. 12-1520 Lancore Nursery LLC. Property Address: 2632 N. Federal Hwy Violation(s): CO CH10 SEC 10-2 CO CH15 SEC. 15-120 (D) INC Mow and trim overgrown vacant lot and remove all trash and debris. Officer Lewis 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. Cole moved that this Board find that Lancore Nursery LLC is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violations on or before October 27, 2012. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $500 per day for each day the violations continue past October 27, 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. 25 Meeting Minutes Code Compliance Board Boynton Beach, FL October 17, 2012 Business Tax Receipt required. Secure permit for renovation work. Officer Lewis 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, Ms. Yerzy moved that this Board find that Albert Pica, Jr. is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violations on or before November 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 $100 per day for each day the violations continue past November 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. Bucella seconded the motion that unanimously passed Case No. 12 -1520 Lancore Nursery LLC. Property Address: 2632 N. Federal Hwy Violation(s) CO CH10 SEC 10 -2 CO CH15 SEC. 15 -120 (D) INC Mow and trim overgrown vacant lot and remove all trash and debris. Officer Lewis 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. Cole moved that this Board find that Lancore Nursery LLC is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violations on or before October 27, 2012. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $500 per day for each day the violations continue past October 27, 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. 25 Meeting Minutes Code Compliance Board Boynton Beach, FL October 17, 2012 Case No. 12 -1692 Prime Property of the Palm Beaches Property Address 409 NE 10 "Avenue Violation(s) CO CH10 SEC 10 -56 (B) CO CH15 SEC. 15 -120 (D) INC CO CH 13 SEC. 13 -16 Cease and desist the sale of food, beverages, etc. at the property. Remove all inoperable trailers, truck, trash and debris. Officer Herring 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. Cole moved that this Board find that Prime Property of the Palm Beaches is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violations on or before November 1, 2012. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $200 per day for each day the violations continue past November 1, 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 -1578 Andrew & Gail Luchey Property Address: 128 NW 10 Avenue Violation(s) CO CH15 SEC. 15 -120 (D) INC Remove all trash and debris, and trim overgrowth. 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 Andrew and Gail Luchey 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 27, 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 $500 per day for each day the violation continues past October 27, 2012, plus administrative costs shall be imposed. The Respondents 26 Meeting Minutes Code Compliance Board Boynton Beach, FL October 17, 2012 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 -1683 Wells Fargo Bank NA Property Address: 261 N. Atlantic Drive Violation(s) CO CH10 SEC 10 -51.5 INC Property must be registered. Property is not to be occupied until all violations are corrected. Fix roof and ceiling, repair all windows and doors, and repair the front and rear screen windows and doors. The pool is not safe. Permit for pool fencing is required. Repair all light fixtures. Permit is required for your new windows. 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 Wells Fargo Bank NA is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violations on or before October 27, 2012. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $1000 per day for each day the violations continue past October 27, 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 -1379 Marie & Rigaud Alsume Property Address: 1184 SW 27 Place Violation(s): CO CH10 SEC 10 -56 (A) (B) (C) Clean pool and repair filtration system. Maintain pool in a sanitary condition Officer Roy presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violation. 27 Meeting Minutes Code Compliance Board Boynton Beach, FL October 17, 2012 Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Marie and Rigaud Alsume are in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondents correct the violations on or before October 27, 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 October 27, 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 -1634 Deutsche Bank National Trust Property Address: 2531 SW 11 Court Violation(s): CO CH10 SEC 10 -51.5 INC Property must be registered. Mow, weed and trim property, secure gates to pool and clean and maintain pool in sanitary condition. Officer Roy 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 Deutsche Bank National Trust is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violations on or before October 27, 2012. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $1000 per day for each day the violations continue past October 27, 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 -1638 Wayne Course Property Address: 449 NW 1 Street Violation(s) CO CH10 SEC 10 -56 (A) (B) (D) CO CH15 SEC. 15 -120 (D) INC CO CH13 SEC. 13 -16 Mow, weed and trim all overgrowth including hedges and areas on east side. Remove all 28 Meeting Minutes Code Compliance Board Boynton Beach, FL October 17, 2012 trash and debris. Remove outside storage. Replace missing windows and screens. Business Tax Receipt is required. Officer Roy presented the case as contained in the notice of violation Staff recommended 30 days be given to correct the violation. The house is now vacant so the Business Tax receipt was no longer a violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Wayne Course is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violations on or before November 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 $500 per day for each day the violations continue past November 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. Ms. Yerzy seconded the motion that unanimously passed. Case No. 12 -1657 Rose Joaseus Property Address: 465 SW 3 Avenue Violation(s) CO CH15 SEC 15 -120 (D) INC Remove trailer from front yard. Trailer must be registered. Officer Roy 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 Rose Joaseus 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 27, 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 October 27, 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. 29 Meeting Minutes Code Compliance Board Boynton Beach, FL October 17, 2012 Case No. 12 -1707 Maria & Jose Urdialez Property Address 104 SW 8th Avenue Violation(s) CO CH10 SEC 10 -56 (A) (B) (D) Mow, weed and trim all overgrowth, including hedges. Officer Roy 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 Maris and Jose Urdialez are in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondents correct the violations on or before October 27, 2012. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past October 27, 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 -1742 Garry Rowell Property Address 345 SW 13 Avenue Violation(s) CO CH10 SEC 10 -56 (A) (C) (D) Secure all openings of structure to prevent unauthorized individuals from entering the building. Secure swimming pool. Fix fence. Officer Roy presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violation. He stated the intention was to board up the house and cover up the pool. This was a health and safety hazard. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Garry Rowell is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violations on or before October 27, 2012. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $1000 per day for each day the violations continue past October 27, 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- 30 Meeting Minutes Code Compliance Board Boynton Beach, FL October 17, 2012 inspection of the property to verify compliance with this Order. Ms. Yerzy seconded the motion that unanimously passed. Officer Roy recommended the following case be certified at $50 per day: Case No. 12 -281 Fred and Pam Greenspan 18 Southport Ln. #C Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole 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, and the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $50 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. Yerzy seconded the motion that unanimously passed. Officer Roy recommended the following cases be certified at $100 per day: Case No. 12 -1190 Wells Fargo Bank 84 SW 5 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 August 15, 2012, and having considered the gravity of the violations, and the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $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. Bucella seconded the motion that unanimously passed. Case No. 12 -1097 Donnie L & Doris Jones 205 NE 9 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 August 15, 2012, and having considered the gravity of the violations, and the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $100 per day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Mr. Bucella seconded the motion that unanimously passed. 31 Meeting Minutes Code Compliance Board Boynton Beach, FL October 17, 2012 Officer Roy recommended the following case be certified at $200 per day: Case No. 12 -1107 Mohammad Kibria & Farhan Newaz 21 Hawthorne Lane 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 August 15, 2012, and having considered the gravity of the violations, and 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. Cole seconded the motion that unanimously passed. Officer Roy recommended the following cases be certified at $250 per day: Case No. 12 -1133 Kristine Flynn 418 NW 11 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 August 15, 2012, and having considered the gravity of the violation, and the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $250 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Bucella seconded the motion that unanimously passed. Case No. 12 -1344 Deutsche Bank National Trust 105 Arthur Court 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 September 19, 2012, and having considered the gravity of the violations, and the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $250 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Bucella seconded the motion that unanimously passed. Officer Roy recommended the following case be certified at $300 per day. Case No. 12 -1090 Federal National Mortgage Assoc. 1256 Gondola Court 32 Meeting Minutes Code Compliance Board Boynton Beach, FL October 17, 2012 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that the Respondent has not complied with this Board's Order dated August 15, 2012, and having considered the gravity of the violation, and the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $300 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Cole seconded the motion that unanimously passed. Officer Roy recommended the following cases be certified at $500 per day: Case No. 12 -906 Nationwide Investment Firm Corp. 1093 SW 25 Place Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that the Respondent has not complied with this Board's Order dated August 15, 2012, and having considered the gravity of the violation, and the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $500 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Cole seconded the motion that unanimously passed. Case No. 12 -1053 Bank of New York Mellon 113 Seacrest Court Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that the Respondent has not complied with this Board's Order dated August 15, 2012, and having considered the gravity of the violation, and the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $500 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Cole seconded the motion that unanimously passed Officer Roy recommended the following case be certified at $1000 per day: Case No. 12 -1089 Sebastian & Lorraine Brusca 1004 NW 7 Street 33 Meeting Minutes Code Compliance Board Boynton Beach, FL October 17, 2012 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 August 15, 2012, and having considered the gravity of the violation, and the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $1000 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. Officer Roy requested a Lien Certification and Order to Abate the Nuisance for the following case: Case No. 12 -1415 Jean S. Dufresne 2651 NW 22 Street 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 September 19, 2012, and having considered the gravity of the violation, and the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $500 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Mr. Bucella seconded the motion that unanimously passed. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that there exists a threat to public health, safety and welfare and pursuant to Section 2 -79 of the City's Code of Ordinances direct City officials to take all necessary action to correct the violation and to recover any costs and expenses incurred from the property owner. Ms. Yerzy seconded the motion that unanimously passed. Officer Roy recommended the following cases be certified at zero dollars or "No Fine ": Case No. 12 -1002 KNHK LLC 3300 S. Congress Avenue, #18 Motion Based on testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that the Respondent, KNHK LLC, was in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Order of July 18, 2012, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous 34 Meeting Minutes Code Compliance Board Boynton Beach, FL October 17, 2012 violations of the Respondent, that this Board impose and certify "No Fine." Mr. Bucella seconded the motion that unanimously passed. Case No. 12 -993 Marwan & Suhair Gali 1005 N. Seacrest Blvd. Motion Based on testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that the Respondents, Marwan & Suhair Gali, 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 15, 2012, and in consideration of the gravity of the violation and the actions taken by the Respondents to remedy the violation and the previous violations of the Respondents, that this Board impose and certify "No Fine." Mr. Bucella seconded the motion that unanimously passed. Case No. 12 -254 1200 West Industrial Avenue LLC 1200 W. Industrial Ave. Euro Auto Service LLC Motion Based on testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that the Respondent, 1200 West Industrial Avenue LLC, Euro Auto Service LLC 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 June 20, 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. Case No. 12 -1324 Francisco Alvarez 2431 N. Seacrest Blvd. Motion Based on testimony and evidence presented in the aforementioned case, Ms Yerzy moved that this Board find that the Respondent, Francisco Alvarez 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 September 19, 2012, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violations and the previous violations of the Respondent, that this Board impose and certify "No Fine." Mr. Bucella seconded the motion that unanimously passed. Officer Roy requested the following cases be tabled to December 19, 2012, Case No. 11 -1968 Ocean Properties 777 LLC 1510 SW 8 Street 35 Meeting Minutes Code Compliance Board Boynton Beach, FL October 17, 2012 Motion Ms. Yerzy moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on December 19 2012. Mr. Bucella seconded the motion that unanimously passed. Case No. 12 -120 Gregory G. Van Vliet 1830 N. Seacrest Blvd. Motion Ms. Yerzy moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on December 19, 2012. Mr. Bucella seconded the motion that unanimously passed. VI. Adjournment Motion There being no further business to discuss, Mr. Cole moved to adjourn. Mr. Bucella seconded the motion that unanimously passed The meeting was adjourned at 9:09 pm C�:tC �. �'� C, - Ellie Caruso Recording Secretary 36