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Minutes 11-19-12 MINUTES OF THE CODE COMPLIANCE AND LIEN REDUCTION BOARD MEETING HELD ON MONDAY NOVEMBER 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 ABSENT: Gary Cole, 2nd Vice Chair Rose Marie Yerzy I. CaII to Order Chair Costantino called the meeting to order at 6.30 p.m. II. Approval of 9/19/12 Code Board Minutes and 10/15/12 Lien Reduction Minutes The following change was made to the minutes: Case #12 -1372: In the motion paragraph, the second compliance date mentioned, should read October 4, 2012. Motion Vice Chair Foot moved to approve the Code Board minutes as amended. Ms Carroll seconded the motion that unanimously passed Motion Vice Chair Foot moved to approve the Code Lien Reduction minutes. Ms. Carroll seconded the motion that unanimously passed. Meeting Minutes Code Compliance Board Boynton Beach, FL November 19, 2012 III. Approval of Agenda Skip Lewis, Senior Code Compliance Officer, announced the following changes to the agenda: Case Nos 08 -2511, 12 -611, 12 -932, 12 -1709, 12 -1780, 12 -1849, and 12 -1910 complied Case Nos: 12 -1510, 12 -1786, and 12 -1964 were removed. Motion Vice Chair Foot moved to approve the agenda as amended. Ms. Carroll 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 Lewis called the roll and determined who was present. Case No. 12 -2017 Pisa, Inc. Location: 215 SE 8 Avenue Violation(s). BBC 15 -8.5. 15 -10.5 Sound emanating from property exceeds 100 ft. and considered a sound disturbance or injurious to health or welfare and the enjoyment of life or property to neighbors Courtney Cain, Code Compliance Officer, presented the details of the case. This originated as a citizen complaint. He noted the Respondent was present. Frank Pezzoa, 6557 Timber Lane, Boca Raton, was the owner of the business He pled not guilty. He commented he was a commercial business in the State of Florida, and registered in the City of Boynton Beach. Officer Cain advised the property was bordering on residential properties and that was creating the issue. Mr. Pezzo advised his business entailed general mechanical work. However, this specific date there was an off -road vehicle there that was set up for the Texas Mile, which was won with what was now known as the fastest mustang in the world. He indicated Boynton Beach should be proud. He advised that was the vehicle being tested that evening and admittedly it was late, but the vehicle had to be on a trailer to leave the next day for Texas. There had been other officers at the property in 2 Meeting Minutes Code Compliance Board Boynton Beach, FL November 19, 2012 the past who indicated there was no problem. The building lies approximately 50 feet from the railroad tracks, and the houses appear to be closer to the center of the railroad tracks. Mr Pezzo further stated that he took some sound readings and the trains and a pressure cleaner registered louder than the cars at his business. He stated this was a one time incident and it occurred at 5:58 p.m. Chair Costantino recommended a Cease and Desist Order that would protect the neighbors should another incident occur. She clarified for the Respondent what the order meant Officer Cain advised the testing of vehicles must be completed indoors, and the standard noise level had to remain inside. The Respondent advised he had tested vehicles on his Dyno machine since he opened his business four years ago. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Pisa, Inc. is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent corrects the violation on or before November 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 $50 per day for each day the violation continues past November 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. Vice Chair Foot seconded the motion that unanimously passed. Motion Based on testimony and evidence presented in the aforementioned case, Ms. Carroll moved that a Cease and Desist Order be issued giving Pisa, Inc. until November 29, 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 the Respondent, and any previous violations by the Respondent, and hereby orders that a fine in the amount of $100 per occurrence of the violation thereafter shall be imposed upon the Respondent. The motion was seconded by Mr. Bucella and unanimously approved. Case No. 12 -1374 Forum Shoppes of Boynton LLC (Slate Billiards) Location 140 N. Congress Ave, #2 Violation(s): CH 13 SEC 13 -16 Operating business without a Business Tax Receipt. 3 Meeting Minutes Code Compliance Board Boynton Beach, FL November 19, 2012 Luney Guillaume, Code Compliance Officer, presented the details of the case. This case originated as a Building Department complaint. Fifteen days had been given to comply and the Respondent was present. Mike Bradford, 1200 Scotia Drive, Unit 203, Hypoluxo, the owner of Slate Billiards, pled not guilty He advised a license was applied for when they opened in March, 2011. The initial violation was given because there was a misunderstanding. The DBA was missing on the initial form. The violation was cleared up, but the application had been held up for the pool table lights which, by opinion, did not meet specifications. He continued that he was not aware a permit was needed to hang the lights over the pool tables. Apparently, the box that surrounds the lights was not UL approved; therefore, he could not get approval from the Building Department for a Business Tax Receipt. The light itself was UL approved, but the box, which was effectively similar to a lamp shade, was not. His opinion was that lamp shades do not have to be UL approved. He does not have the funds to install new lighting. He presented an example of another type of lighting that was considered to be the best of all pool table lights, but would not qualify as the shade also was not UL approved. He added he would love nothing more than become compliant, but the City makes it impossible to do so. He researched the shade and there was no such thing as an UL approved box for a commercial business that fits over pool lights. Mr Bradford commented that his lights were UL approved, the light itself is UL approved and they had been hanging for nearly two years with no incident. There was no safety issue involved. He indicated the business had been open for 25 years under different owners. He noted that the last owner had lights hanging that were plugged in using a lampshade cord and he operated with a Business Tax Receipt When he opened, he replaced all the cords, making them more energy efficient Chair Costantino advised he was operating a business without a Business Tax Receipt because the business failed the Building Department inspection and was still operating and felt he was putting his customers in a health and safety situation. Mr. Bradford vehemently disagreed and reiterated he was trying to obtain the license but the City was the one holding him back. He requested 60 days to try and resolve this issue. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Foot moved that this Board find that Forum Shoppes of Boynton LLC — Slate Billiards is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent corrects the violation on or before December 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 $250 per day for each day the violation continues past December 19, 2012, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code 4 Meeting Minutes Code Compliance Board Boynton Beach, FL November 19, 2012 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. 10 -2791 Deutsche Bank National Trust 724 W. Ocean Ave Diane Springer, Code Compliance Coordinator, presented the case as contained in the original notice of violation. It was brought before the Board on November 17, 2010 and no one appeared. The compliance date set was December 2, 2010 or incur a fine of $150 per day. The case complied on October 23, 2012 for 690 days of non- compliance plus administrative costs. The case met all the Lien Reduction requirements. Ms. Springer further stated she spoke to an attorney on October 17, 2012 who referred the Respondent to her and requested information on how to comply the case After the Respondent received the information, the case was complied in six days. The Respondent was present. Esther Stern, 680 NE 32 Street, Boca Raton, was a member of the management company. She advised the liens were put in place before she owned the property. It was purchased on the foreclosure auction and as soon as she was informed of the liens, they were taken care of immediately The house was sold for approximately $70,000. Vice Chair Foot requested confirmation of who would be paying the fines. Ms. Stern advised her company Deutsche Bank National Trust LLC was responsible for payment of the fines and was not affiliated with Deutsche Bank. Motion Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent, Deutsche Bank National Trust LLC, 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, Vice Chair Foot moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of November 17, 2010 to an amount of $5,364.12, including administrative costs. Mr. Bucella seconded the motion The motion passed 4 -1 (Ms. Carroll dissenting). Case No. 11 -3397 Karen J. Efron Trust 190 SE 27 Place Ms. Springer presented the case as contained in the original notice of violation. It was brought before the Board on March 21, 2012 and no one appeared. The compliance date set was March 31, 2012 or incur a fine of $250 per day. The case complied on June 13, 2012 for 73 days of non - compliance plus administrative costs. The case met all the Lien Reduction requirements Ms. Springer further stated all the violations were corrected which included payment of outstanding property taxes and water bills, in order to appear before the Board. In addition, a wooden fence was repaired, replacement of screens on patio doors was completed, screws were removed from awning windows, and the overgrown yard was mowed and hedges were trimmed. The Respondent was present. 5 Meeting Minutes Code Compliance Board Boynton Beach, FL November 19, 2012 Scott Efron, 17569 Middlebrook Way, Boca Raton, advised he lived in Boston and was here for the winter. He contacted Code Enforcement when he first received the letter. He advised he was working on everything that was in violation, but the condensers on the air conditioning units were constantly being stolen. All permits were secured that were necessary and all the work was performed. He did not bring the paperwork that stated he had completed all the necessary permits. Mark Sandullo, 17569 Middlebrook Way, Boca Raton was a colleague of Mr. Efron. He advised a letter was received from Code Enforcement indicating what needed to be done. He was assured from the Code Enforcement Officer that everything would be okay as long as they continued to pursue the permits. They diligently did everything the City asked. Ms. Springer stated the case was initiated on December 15, 2011. Application was made for the permits on January 5, 2012. They did not get the permits until June. She believes the Code Enforcement Officer had given several extensions and had checked on several occasions to see if the permit was issued. At one point, the Respondent was told to pick up the first set of comments in January. The second set of comments was called for in April. She continued that it may have been perceived that the Respondent was not doing anything and that was why the case was initiated. The permit was issued on June 13, 2012. The Respondent stated the contractors were slow but they continually followed up with the City. All work was done with permits. Ms. Springer added that there was a red tag from the Building Department on November 9, 2011 that stated unpermitted work was observed on the windows and re -roof. Motion Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent, Karen J. Efron Trust, has complied with all lien reduction procedures set forth in Section 2 -84 through 2 -89 of the City of Boynton Beach Code of Ordinances, Mr. Bucella moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of March 21, 2012 to an amount of $2,364.12, including administrative costs. Ms. Carroll seconded the motion that unanimously passed. Case No. 11 -674 Jean & Chrislene Volcy 57 Buxton Lane Ms. Springer presented the details of the case as noted in the original violation The case was brought before the Board on June 15, 2011 and no one appeared. The compliance date proposed was June 30, 2011, or incur $150 per day. The case complied on October 2, 2012 for a total of 459 days of non - compliance plus administrative costs. Ms. Springer stated she was first contacted by Mr. Baughman to confirm compliance at the beginning of October. On October 10, 2012, he requested a lien reduction inspection and it was found he still had to replace the missing structural 6 Meeting Minutes Code Compliance Board Boynton Beach, FL November 19, 2012 members of the screened room and repair the north side screens. The second inspection on October 29, 2012, was successful. The Respondent was present. John Baughman, 57 Buxton Lane, was the realtor for the Bank. Mr. Baughman advised the property was taken as a foreclosure and, as a result, the Code violations were inherited Possession of the property was not taken until the first week of July. The repairs were started on July 6 mainly the HOA repairs. Upon completion, the extensive and fairly expensive City violations were addressed. Permits were required, as well as, architectural approval. Mr. Baughman continued that the occupants were paid $2,500 for cash for keys relocation assistance and the property was under contract as of September 12, 2012 for $115,000. The buyers are currently living in a hotel and waiting for closing. Approximately $11,000 was spent on repairs. Motion Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondents, Jean & Chrislene Volcy, have complied with all lien reduction procedures set forth in Section 2 -84 through 2 -89 of the City of Boynton Beach Code of Ordinances, Mr. Bucella moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of June 15, 2011 to an amount of $4,230.15, including administrative costs. Vice Chair Foot seconded the motion The motion passed 4 -1 (Ms. Carroll dissenting). Case No. 11 -290 Southern Homes of Palm Beach LLC 3031 Waterside Cir Ms Springer presented the details of the case as contained in the original violation. This case came before the Board on March 16, 2011 and no one appeared. The compliance date was set for March 26, 2011 or incur a fine of $100 per day. The case complied on December 21, 2011 for a total of 269 days. All requirements for lien reduction had been met. The case originally was for non - payment for the fire inspection fee. Alexander Aguirre, 9630 SW 146 Street, Miami, and David Andrada. 12600 SW 50 Court, Miramar, were the representatives for Waterside Homeowners Association. Mr. Aguirre stated the property was issued a receivership in August, 2010. In February, 2011, the receivership took possession of the property. In April, notification was made indicating there was a change in the President for the association. There was also a change in management in May and accounts were set up by the receivership. He read a letter of resignation from the President and notice of the appointment of Mr. Andrada to the HOA Board. The change in Board members had caused minor conflicts to invoicing approvals between the Board, the HOA Management Company and the receivership This created delays in payments to vendors and associated work on the property. He continued to explain why the $300 fire inspection fee could not be paid and reiterated that receiver was court appointed. 7 Meeting Minutes Code Compliance Board Boynton Beach, FL November 19, 2012 Motion Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent, Southern Homes of Palm Beach LLC, 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, Vice Chair Foot moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of March 16, 2011 to an amount of $2,346.03, including administrative costs Ms. Carroll seconded the motion that unanimously passed. Case No. 12 -1398 Donna A. Morris Property Address: 2292 SE 4 Street Violation(s) CO CH2.5 SEC 2.5 -3, 2.5 -7 Alarm permit/decal display Officer Lewis presented the case as contained in the notice of violation. The City recommended 15 days for a compliance date of December 4, 2012. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that Donna A. Morris is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before December 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 $50 per day for each day the violation continues past December 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. Vice Chair Foot seconded the motion that unanimously passed. Case No. 12 -1818 Jeffrey and Mary Hutchison Property Address: 3045 Pine Tree Lane Violation(s): CO CH2 5 SEC 2.5 -3, 2.5 -7 Alarm permit/decal display Officer Lewis presented the case as contained in the notice of violation. The City recommended 15 days for a compliance date of December 4, 2012. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that Jeffrey and Mary Hutchison are in violation of the City of Boynton Beach Code sections cited and moved to Order that the 8 Meeting Minutes Code Compliance Board Boynton Beach, FL November 19, 2012 Respondents correct the violation on or before December 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 $50 per day for each day the violation continues past December 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. Ms. Carroll seconded the motion that unanimously passed. Case No. 12 -1727 Arthur and Yvonne House Property Address: 5 Corrie Place Violation(s): BBA FBC 2010 ED. 105.1 A permit is required for replacing siding on second floor as noted in red tag dated August 20, 2012. Officer Cain presented the case as contained in the notice of violation. The City recommended 10 days for a compliance date of November 29, 2012. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that Arthur and Yvonne House 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 29, 2012. The Board has considered the gravity of the violation, the action 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 November 29, 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 -1916 Jonathan M. Dwork Property Address. 154 Orange Drive Violation(s): CO CH15 SEC 15 -120 (D) (E) CO CH10 SEC 10 -56 (C) Remove all trash and debris and clean and maintain pool in sanitary condition. Officer Cain presented the case as contained in the notice of violation The City recommended 10 days for a compliance date of November 29, 2012. 9 Meeting Minutes Code Compliance Board Boynton Beach, FL November 19, 2012 Motion Based on the testimony and evidence presented in the aforementioned case, Mr Bucella moved that this Board find that Jonathan M. Dwork is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before November 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 $1,000 per day for each day the violation continues past November 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 This motion is for the pool and fence violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr Bucella moved that this Board find that Jonathan M. Dwork is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before December 19, 2012. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $200 per day for each day the violation continues past December 19, 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. This motion is for the removal of weeds and trash. Case No. 12 -1981 Bank of New York Mellon Property Address: 1801 NE 2 Lane Violation(s) CO CH10 SEC 10 -51.5 INC Property must be registered. Mow all overgrown yard areas, trim hedges to four feet in front, repair fence, and remove all trash and debris. Officer Cain presented the case as contained in the notice of violation. The City recommended 10 days for a compliance date of November 29, 2012. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that Bank of New York Mellon is in violation of the 10 Meeting Minutes Code Compliance Board Boynton Beach, FL November 19, 2012 City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before November 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 November 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 -1838 James L. Ware Property Address 1739 Banyan Creek Court Violation(s). CO CH10 SEC 10 -56 (C) Swimming pool must be maintained in sanitary condition. Officer Guillaume presented the case as contained in the notice of violation. The City recommended 10 days for a compliance date of November 29, 2012. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that James L. Ware is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before November 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 November 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. 11 -3385 Charles Roberts Property Address: 130 NE 3 Avenue Violation(s): CO CH10 SEC 10 -56 (B) CO CH10 SEC 10 -59 (A) CO CH10 SEC 10 -52 CO CH13 SEC 13 -16 Property must have a Business Tax Receipt, mow and remove weeds from all yard areas, remove all trash, debris, and abandoned, inoperable, or unregistered vehicles. 11 Meeting Minutes Code Compliance Board Boynton Beach, FL November 19, 2012 Officer Lewis presented the case as contained in the notice of violation. The City recommended 45 days for a compliance date of January 3, 2013. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that Charles Roberts 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 January 3, 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 $50 per day for each day the violations continue past January 3, 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. Vice Chair Foot seconded the motion that unanimously passed. Case No. 12 -1834 Dupree Smith Property Address: 2604 NE 3rd Street Violation(s) CO CH13 SEC 13 -16 Must obtain Business Tax Receipt Officer Lewis presented the case as contained in the notice of violation. The City recommended 30 days for a compliance date of December 19, 2012. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that Dupree Smith is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before December 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 $50 per day for each day the violation continues past December 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 -1863 First Euclid Properties LLC Property Address: 304 NE 23 Avenue Violation(s) CO CH10 SEC 10 -56 (A) LDR CH2 SEC 4 (E) Cut hedges on corner of NE 2 Court to a height of 30 inches, 25 feet each way from 12 Meeting Minutes Code Compliance Board Boynton Beach, FL November 19, 2012 corner to permit a clear line of sight from the intersection Officer Lewis presented the case as contained in the notice of violation. The City recommended 10 days for a compliance date of November 29, 2012. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that First Euclid Properties LLC is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before November 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 $100 per day for each day the violation continues past November 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 -1899 Edrica Miller Property Address: 2020 NE 1 Lane Violation(s). CO CH10 SEC 10 -56 (B) Mow, weed and trim property. Officer Lewis presented the case as contained in the notice of violation. The City recommended 15 days for a compliance date of December 4, 2012. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that Edrica Miller is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before December 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 $50 per day for each day the violation continues past December 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. 13 Meeting Minutes Code Compliance Board Boynton Beach, FL November 19, 2012 Case No. 12 -1942 Jason Gouldon Property Address 89 Buxton Lane Violation(s): CO CH13 SEC 13 -16 Must obtain a Business Tax Receipt Officer Lewis presented the case as contained in the notice of violation. The City recommended 15 days for a compliance date of December 4, 2012. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that Jason Gouldon is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before December 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 $50 per day for each day the violation continues past December 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. Vice Chair Foot seconded the motion that unanimously passed. Case No. 12 -1844 Brenda Clay Property Address: 404 NW 8 Avenue Violation(s). CO CH15 SEC 15 -120 (D) INC Remove all unregistered and inoperable vehicles from the property. Vestiguerne Pierre, Senior Code Enforcement Officer, presented the case as contained in the notice of violation. The City recommended 10 days for a compliance date of November 29, 2012. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that Brenda Clay is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before November 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 November 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. 14 Meeting Minutes Code Compliance Board Boynton Beach, FL November 19, 2012 Case No. 12 -1846 Fritznel Estime Property Address: 2371 NW 1 Street Violation(s)• CO CH15 SEC 15 -120 (D) INC Remove inoperable, unregistered vehicle from the carport. Officer Pierre presented the case as contained in the notice of violation. The City recommended 10 days for a compliance date of November 29, 2012. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that Fritznel Estime is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before November 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 November 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 -1962 Gertrude Dunbar Property Address: 2451 N. Seacrest Blvd Violation(s). CO CH15 SEC 15 -120 (D) INC Remove unregistered /inoperable vehicles from the property. Officer Pierre presented the case as contained in the notice of violation The City recommended 30 days for a compliance date of December 19, 2012. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that Gertrude Dunbar is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before December 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 $150 per day for each day the violation continues past December 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. 15 Meeting Minutes Code Compliance Board Boynton Beach, FL November 19, 2012 Case No. 12 -1261 CC Consulting & Sales, Inc. Property Address 1083 SW 24 Avenue Violation(s) CO CH15 SEC 15 -120 (D) (E) CO CH10 SEC 10 -56 (A) (B) (D) Repair /replace roof. Pressure clean mold on house, replace rotted fascia and paint, remove dilapidated fencing in rear yard, secure the property, remove plywood from window, mow, weed and trip all overgrowth to include hedges on SW 11 Street. Pete Roy, Chief Code and Rehabilitation Officer presented the case as contained in the notice of violation. The City recommended 30 days for a compliance date of December 19, 2012. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that CC Consulting & Sales, 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 December 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 $200 per day for each day the violations continue past December 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 -1774 Robert & Kimberly Magner Property Address: 1660 Renaissance Commons Blvd, #2602 Violation(s): CO CH13 SEC 13 -16 Must obtain a Business Tax Receipt. Officer Roy presented the case as contained in the notice of violation. The City recommended 10 days for a compliance date of November 29, 2012. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that Robert & Kimberly Magner 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 29, 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 16 Meeting Minutes Code Compliance Board Boynton Beach, FL November 19, 2012 with this Order, a fine in the amount of $50 per day for each day the violation continues past November 29, 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 -1885 Bank of New York Mellon Tr. Property Address: 1102 SW 1 Street Violation(s)' CO CH10 SEC 10 -51.5 INC Property must be registered. Mow, weed and trim property. Officer Roy presented the case as contained in the notice of violation The City recommended 10 days for a compliance date of November 29, 2012 Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Foot moved that this Board find that Bank of New York Mellon 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 November 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 $300 per day for each day the violations continue past November 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. Mr. Bucella seconded the motion that unanimously passed. Case No. 12 -1887 US Bank National Association Property Address: 4571 NW 1 Avenue Violation(s): CO CH10 SEC 10 -51.5 INC Property must be registered. Mow, weed and trim overgrowth and remove any trash and debris. Officer Roy presented the case as contained in the notice of violation The City recommended 10 days for a compliance date of November 29, 2012. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that US Bank National Association 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 29, 2012. The Board has 17 Meeting Minutes Code Compliance Board Boynton Beach, FL November 19, 2012 considered the ravit of the violations, the actions taken by the Respondent and any Y � Y p d Y 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 November 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 -1898 Karen Campbell & Ignatius Rodriguez Property Address 204 NW 1 Avenue Violation(s). CO CH10 SEC 10 -56 (A) (B) CO CH15 SEC 15 -120 (D) INC Mow, weed and trim all overgrowth Maintain per City ordinance. Officer Roy presented the case as contained in the notice of violation The City recommended 10 days for a compliance date of November 29, 2012. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Foot moved that this Board find that Karen Campbell & Ignatius Rodriguez 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 29, 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 $150 per day for each day the violations continue past November 29, 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 -1931 Rozia Laine Property Address 327 SW 3 Avenue Violation(s). CO CH15 SEC 15 -120 (D) INC CO CH13 SEC 13 -16 Obtain Business Tax Receipt Mow, weed and trim property. Officer Roy presented the case as contained in the notice of violation. The City recommended 15 days for a compliance date of December 4, 2012. 18 Meeting Minutes Code Compliance Board Boynton Beach, FL November 19, 2012 Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Foot moved that this Board find that Rozia Laine 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 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 $200 per day for each day the violations continue past December 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. Mr. Bucella seconded the motion that unanimously passed. Case No. 12 -1932 Bank of America Property Address: 457 SW 3 Avenue Violation (s) CO CH15 SEC 15 -120 (D) INC CO CH10 SEC 10 -56 (A) (B) (D) Remove all trash and debris; mow, weed, and trim overgrowth; remove dilapidated unpermitted shed; repair screens on screen room; pressure clean roof; remove all horticultural debris (palm fronds). Officer Roy presented the case as contained in the notice of violation. The City recommended 10 days for a compliance date of November 29, 2012. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that Bank of America 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 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 November 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. Chair Costantino advised there was a new motion that was distributed for certifying multiple cases Officer Lewis recommended the following three cases, be certified as "No Fine ". 19 Meeting Minutes Code Compliance Board Boynton Beach, FL November 19, 2012 Case No. 12 -1083 Lake Success Rentals LLC 121 SE 5 Avenue Case No. 12 -1312 Max Developers, Inc. 901 N. Congress Avenue Case No. 12 -1024 Leon I & Gail R. Jenkins 304 NW 6 Avenue Motion Based on testimony and evidence presented in the aforementioned cases, Ms. Carroll moved that this Board find that the named Respondents, were in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Orders, 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. Officer Lewis recommended the following case be tabled to January 16, 2013: Case No. 11 -2315 Home Depot USA 1500 SW 8 Street Motion Vice Chair Foot moved to table the aforementioned case to January 16, 2013. The motion was seconded by Ms. Carroll and unanimously passed. Officer Lewis recited the following: "The City is requesting that the fines be certified in the following cases. All violators have been provided notice of tonight's hearing, with proof of notice filed in the record with the Board Clerk. No one is present this evening for any of the cases I am requesting for certification at this time. All of the cases have been re- inspected and each case remains in non-compliance." The following four cases are requested for certification at this time in the amounts established by the Board in the Orders of Violation for each case, as set forth on the docket: Case No. 12 -1428 ($250) Tracey Legenos & Shawn Maesel 1 Renaissance Way #112 Case No. 12 -1448 ($250) Citibank NA 653 SW 1 Court Case No. 12 -1253 ($150) David Abotbool 227 NE 11 Avenue Case No. 12 -1469 ($100) Gladys Jones Estate 541 NW 9 Avenue Motion Based upon the sworn testimony of the City's Code Enforcement Officer that the listed cases are not in compliance, the fact that no Respondents from the cases listed by the Code Enforcement Officer are present, and this Board's previous finding in each case of the amount of the fine and in consideration of the gravity of each violation, actions taken 20 Meeting Minutes Code Compliance Board Boynton Beach, FL November 19, 2012 by each Respondent to remedy the violation, and previous violations of each Respondent, Mr. Bucella moved that the fines be certified in the Cases as requested by the Code Officer. Ms. Carroll seconded the motion that unanimously passed VI. Adjournment Motion There being no further business to discuss, Mr. Bucella moved to adjourn. Ms. Carroll seconded the motion that unanimously passed. The meeting was adjourned at 8:18 p.m. C- Ellie Caruso Recording Secretary 21