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Minutes 12-19-12 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD O WEDNESDAY, DECEMBER 19, 2012, AT 6:30 P.., IN COMMISSION CHAMBERS CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Shana Bridgeman, Assistant City Attorney Robert Foot, 1 st Vice Chair Diane Springer, Code Compliance Coordinator Gary Cole, 2nd Vice Chair Robert Bucella Kathleen Carroll Rose Marie Yerzy ABSENT: Alan Borrelli 1. Call to Order Chair Costantino called the meeting to order at 6:30 p.m. II. Approval of October 17, 2012, Code Compliance Minutes There was one correction noted on page 24, Case No. 12 -1387, the compliance date should be November 1, 2012, and not November 16, 2012. Motion Vice Chair Foot moved to approve with the correction. Mr. Bucella seconded the motion that unanimously passed. III. Approval of Agenda Vestiguerne Pierre, Senior Code Compliance Officer, announced the following changes: Case Nos.: 12 -1568, 12 -1787 and 12 -1211 were removed. Case No. 02 -227, the Lien Reduction, was moved to the front of the agenda. Motion Vice Chair Foot moved to approve the agenda as amended. Ms. Carroll seconded the motion that unanimously passed. Meeting Minutes Code Compliance Board Boynton Beach, FL December 19, 2012 IV. Swearing in of Witnesses and Introduction Shana Bridgeman, Board Counsel, explained the hearing procedures and administered an oath to all those intending to testify. V. New Business Officer Pierre called the roll and determined who was present. Chair Costantino also pointed out the January 16, 2013, meeting would be a combination Code Compliance and Lien Reduction meeting. Case No. 02 -227 Christine A. Tetrick & Joseph Magnetico 1010 Coral Ct. Diane Springer, Code Compliance Coordinator, presented the case as contained in the Notice of Violation issued on January 23, 2002, which related to needing a permit for an irrigation system and shed. The case was heard on March 20, 2002, and no one appeared. A compliance date and fine was set for April 19, 2002, or a fine of $25 per day would be incurred thereafter. The violations were corrected on December 6, 2012, accruing a fine of $97,075 plus administrative fees. This case had been tabled from the Lien Reduction meeting. Ms. Springer explained Ms. Tetrick had applied for a mortgage re- finance which was when the lien was discovered. Mr. Magnetico received the certified mail and did not inform Ms. Tetrick of the lien. Upon learning of the lien, Ms. Tetrick came to City and was advised what had to be done. She went to the Building Department, was told what to do and she did it. The shed was removed. She contacted a contractor to repair the irrigation system and obtain permits. When she received the estimates from the plumber and electrician, the price was more than she could afford. She had the irrigation system removed, also with a permit, and it was approved by the Building Department on December 6, 2012. She paid for the permit and she requested a refund; however, the Building Department is not refunding the money. They collected the fees from her, were not reviewing any plans and would not conduct any inspections. Christine Ann Tetrick, 1010 Coral Court, Boynton Beach, explained when she first purchased the property, she made the mistake of putting someone on the deed she should not have. She paid for everything regarding the house, made all the payments and within 12 months, realized Mr. Magnetico was not honorable and she was in the process of throwing him out. She opined that was why she did not know about the mail. She paid $40,000 to have him removed from the deed, but it was a Quit Claim Deed and her lawyer should have done a title search. It was only when she applied and was approved for a government refinance program that she found the lien. She made contact with the City to find out what to do and consequently removed the shed, but it was too expensive to fix the irrigation system as it was too expensive to do so and she removed it. She commented she is on disability.. 2 Meeting Minutes Code Compliance Board Boynton Beach, FL December 19, 2012 Motion Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondents, Christine A. Tetrick & Joseph Magnetico, 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 March 20, 2002, to an amount of zero dollars, including administrative costs. Ms. Carroll seconded the motion. Vice Chair Foot commented the Board heard a similar case and did not zero out the fine. He thought the City should at least recapture the City's costs. Vote The motion passed 5 -1 (Vice Chair Foot dissenting). Case No. 12 -1980 Dalan Enterprise Inc. — HD Aero Support Property Address: 3547 High Ridge Rd. Violation(s): BBA FBC 2010 ED. 105 -1 Rack shelving installed without permit and fire wall opening without permit. Red tagged. Courtney Cain, Code Compliance Officer, presented the case as contained in the Notice of Violation. The initial inspection date was October 5, 2012. The Respondent requested 60 days to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Dalan Enterprise Inc. — HD Aero Support 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 February 17, 2013. 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 February 17, 2013, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Bucella seconded the motion that unanimously passed. Case No. 12 -1721 Thomas McGraw Property Address: 118 SE 29th Avenue Violation(s): BBA FBC 2010 ED 105.1 3 Meeting Minutes Code Compliance Board Boynton Beach, FL December 19, 2012 Red tagged. Permit required for rear windows /shutters /HVAC and screen porch enclosure. Luney Guillaume, Code Compliance Officer, presented the case as in the Notice of Violation and noted the work was red tagged. The initial inspection date was September 11, 2012 and he noted the owner was present. Karl McGraw, 118 SE 29th Avenue, pled no contest and requested 60 to 90 days to correct the violations. She commented they purchased the home on July 20, 2012. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Thomas McGraw 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 February 17, 2013. 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 February 17, 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 -1381 Bank of New York Trustee 137 SE 8th Avenue Mitchell Granat, Esq., with Butler and Hocsh, on behalf of Bank of New York Trustee, owner of the property, was present. Pete Roy, Chief Code and Rehabilitation Officer, presented the case. The Notice of Violation was on July 25, 2012, which pertained to violations of personal and real property. The Respondent was to mow, weed, trim overgrowth, remove outside storage, replace ripped or missing screens and windows, repair concrete over the front door and driveway, repair damaged soffit, sprinkler pump, gate must be self - latching and the property must be secured. The case was heard on October 17, 2012, and Attorney Marjorie Levine appeared. The compliance date and fine was set for October 27, 2012, or a fine of $350 per day would be imposed thereafter. The violations still exist. The members reviewed photographs of the property. The home was vacant and the case was not a registration or mortgage issue. There was no pool and the gate self - latched which would only replace what was originally there. The property was mowed 4 Meeting Minutes Code Compliance Board Boynton Beach, FL December 19, 2012 and the overgrowth and outside storage was gone. The screens, the repair over the front door and the gate remained. Attorney Granat requested the Board consider some of the time delay was due to the Bank having to make an insurance claim. The Bank was spending about $15,800 to repair the home. There was a pool at the property. Sixty percent of the work was done and it should all be completed by December 31 st. Vice Chair Foot wanted to table the case to January 16, 2013, and explained there was progress made at the property. Discussion followed there was a pool, which was covered but the gate latch did not work. The violations were outstanding for 52 days. If the owners complied by December 31st, it would be simple in January to certify or not. Vice Chair Foot did not think certifying the fine would be the best use of the community's resources. Motion Vice Chair Foot moved to table the case until January 16, 2013. The motion died for lack of a second. 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 October 17, 2012, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $350 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that passed 5 -1 (Vice Chair Foot dissenting). Case No. 12 -2155 Maria Ozuna Property Address: 1601 NE 4th Street Violation(s): CO CH2.5 SEC 2.5 -12 and 13 CO CH2.5 SEC. 2.5 -3 and 2.5 -7 Excessive false alarms and service fees. Alarm permit/decal display. John Herring, Code Compliance Officer, presented the case as in the Notice of Violation. Staff recommended 30 days be given to correct the violation. 5 Meeting Minutes Code Compliance Board Boynton Beach, FL December 19, 2012 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Maria Ozuna 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 18, 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 18, 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. Carroll seconded the motion that unanimously passed. Case No. 12 -1563 SMI Investment Group LLC Property Address: 1 Renaissance Way, Unit 403 Violation(s): CO CH13 SEC 13 -16 Business tax receipt required to rent residence. Officer Cain presented the case as in the Notice of Violation. Staff recommended 15 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that SMI Investment Group, LLC is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before January 3, 2013. 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 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. Ms. Yerzy seconded the motion that unanimously passed. Case No. 12 -1564 JC Family Investment Trust #1 Property Address: 1 Renaissance Way, Unit 404 Violation(s): CO CH13 SEC 13 -16 Business tax receipt required to rent residence. Officer Cain presented the case as in the Notice of Violation. Staff recommended 15 days be given to correct the violation. 6 Meeting Minutes Code Compliance Board Boynton Beach, FL December 19, 2012 Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that JC Family Investment Trust #1 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 January 3, 2013. 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 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. Mr. Cale seconded the motion that unanimously passed. Case No. 12 -1691 Jennifer & Steven Boyer Property Address: 2 Renaissance Way, Unit 110 Violation(s): CO CH13 SEC 13 -16 Business tax receipt required to rent residence. Officer Cain presented the case as in the Notice of Violation. Staff recommended 15 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Jennifer & Steven Boyer 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 January 3, 2013. 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 January 3, 2013, 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. Vote The motion unanimously passed. Case No. 11 -2652 James W. & Yvonne Hogenkamp Property Address: 128 Buttonwood Circle Violation(s): CO CH13 SEC 13 -16 Business tax receipt required to rent residence. 7 Meeting Minutes Code Compliance Board Boynton Beach, FL December 19, 2012 Officer Guillaume presented the case as 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. Carroll moved that this Board find that James W. and Yvonne Hogenkamp 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 January 18, 2013. 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 January 18, 2013, 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 -1953 Jennifer Bates Property Address: 903 SW 27th Terrace Violation(s): CO CH15 SEC 15- 120(D) 1 Inc. Mow overgrown yard, trim bushes and clean pool and maintain in a sanitary condition. Officer Guillaume presented the case as 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 Jennifer Bates 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 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 December 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 -2105 Bank of New York Trust Property Address: 1175 SW 27th Place Violation(s): CO CH 15 SEC 15 -120 (D) 1 Inc. CO CH13 SEC 13 -16 8 Meeting Minutes Code Compliance Board Boynton Beach, FL December 19, 2012 Mow overgrown yard and trim overgrown vegetation. Business tax receipt needed to rent residence. Officer Guillaume presented the case as in the Notice of Violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Bank of New York Trust, 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 29, 2012. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past December 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. Cole seconded the motion. Mr. Foot inquired if this was enough time for the Respondent to comply. It was noted the Respondent only had to pay the fee and call for an inspection. Vote The motion passed 5 -1 (Vice Chair Foot dissenting). Case No. 12 -0874 Joseph & Bernadette Alexander Property Address: 10 NE 19th Avenue Violation(s): CO CH10 SEC 10 -3 CO CH 15 SEC 15- 120(D) Inc. CO CH10 SEC 10 -56(A) (B)(D)(E)(G) CO CH10 SEC 10 -59(A) Repair or replace all broken windows. Remove outside storage, trash and debris. Install grass in bare areas of yard. Repair or replace all damaged, rotted or missing soffit and fascia. Remove items from the roof and all dead trees and shrubs. Mow, weed and trim property. Repair chain link fence gate. Trailers need to be on hard surfaces. Secure unsafe electrical panel and install smoke detectors in Unit B. 9 Meeting Minutes Code Compliance Board Boynton Beach, FL December 19, 2012 Officer Herring presented the case as contained in the Notice of Violation. Staff recommended 30 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Joseph & Bernadette Alexander 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 January 18, 2013. 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 January 18, 2013, 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 -1210 Dan Dangelo Property Address: 1660 Renaissance Commons Blvd., Unit 2316 Violation(s): CO CH13 SEC 13 -16 Business tax receipt required to rent residence. 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, Ms. Carroll moved that this Board find that Dan Dangelo 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 January 3, 2013. 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 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. Ms. Yerzy seconded the motion that unanimously passed. Case No. 12 -1212 Big Sky Real Estate Investment LLC Property Address: 1660 Renaissance Commons Blvd., Unit 2323 Violation(s): CO CH 13 SEC 13 -16 Business tax receipt required to rent residence. 10 Meeting Minutes Code Compliance Board Boynton Beach, FL December 19, 2012 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, Ms. Carroll moved that this Board find that Big Sky Real Estate Investment LLC is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before January 3, 2013. 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 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. Mr. Cole seconded the motion that unanimously passed Case No. 12 -1232 Joseph and Candace Gazzal Property Address: 1660 Renaissance Commons Blvd., Unit 2224 Violation(s): CO CH13 SEC 13 -16 Business tax receipt required to rent residence. 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, Ms. Yerzy moved that this Board find that Joseph and Candace Gazzal 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 January 3, 2013. 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 January 3, 2013, 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 -1297 Shawn Maesel Property Address: 1660 Renaissance Commons Blvd., Unit 2417 Violation(s): CO CH13 SEC 13 -16 Business tax receipt required to rent residence. 11 Meeting Minutes Code Compliance Board Boynton Beach, FL December 19, 2012 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 Shawn Maesel 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 January 3, 2013. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $500 per day for each day the violation continues past 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 -1299 Raymond & Rogina Rizk Property Address: 1660 Renaissance Commons Blvd., Unit 2423 Violation(s): CO CH13 SEC 13 -16 Business tax receipt required to rent residence. 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, Ms. Yerzy moved that this Board find that Raymond & Rogina Rizk 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 January 3, 2013. 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 January 3, 2013, 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 -1301 Louis & Michele Cammarata Property Address: 1660 Renaissance Commons Blvd., Unit 2503 Violation(s): CO CH13 SEC 13 -16 Business tax receipt required to rent residence. 12 Meeting Minutes Code Compliance Board Boynton Beach, FL Decem 19, 2012 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 Louis & Michele Cammarata 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 January 3, 2013. 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 January 3, 2013, 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 -1306 L & L Smith Florida Realty LLC Property Address: 1660 Renaissance Commons Blvd., Unit 2512 Violation(s): CO CH 13 SEC 13 -16 Business tax receipt required to rent residence. 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. Bucella moved that this Board find that L & L Smith Florida Realty, Inc. is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before January 3, 2013. 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 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. Ms. Yerzy seconded the motion that unanimously passed. Case No. 12 -1309 Jeffrey & Susan Skatoff Property Address: 1660 Renaissance Commons Blvd., Unit 2517 Violation(s): CO CH 13 SEC 13 -16 Business tax receipt required to rent residence. 13 Meeting Minutes Code Compliance Board Boynton Beach, FL December 19, 2012 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. Bucella moved that this Board find that Jeffrey & Susan Skatoff 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 January 3, 2013. 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 January 3, 2013, 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 -1496 Herbert & Lillian Karp Property Address: 1660 Renaissance Commons Blvd., Unit 2203 Violation(s): CO CH13 SEC 13 -16 Business tax receipt required to rent residence. 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. Bucella moved that this Board find that Herbert & Lillian Karp 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 January 3, 2013. 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 January 3, 2013, 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 -1498 Jacqueline & Ronald Reckselt Property Address: 1660 Renaissance Commons Blvd., Unit 2125 Violation(s): CO CH13 SEC 13 -16 Business tax receipt required to rent residence. 14 Meeting Minutes Code Compliance Board Boynton Beach, FL December 19, 2012 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. Bucella moved that this Board find that Jacqueline & Ronald Reckseit 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 January 3, 2013. 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 January 3, 2013, 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 -1499 Nicole Gonzalez Property Address: 1660 Renaissance Commons Blvd., Unit 2122 Violation(s): CO CH13 SEC 13 -16 Business tax receipt required to rent residence. 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, Vice Chair Foot moved that this Board find that Nicole Gonzalez 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 January 3, 2013. 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 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. Mr. Cole seconded the motion that unanimously passed. Case No. 12 -1632 Jacqueline & Ronald Reckseit Property Address: 1690 Renaissance Commons Blvd., Unit 1111 Violation(s): CO CH 13 SEC 13 -16 Business tax receipt required to rent residence. 15 Meeting Minutes Code Compliance Board Boynton Beach, FL December 19, 2012 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, Ms. Yerzy moved that this Board find that Jacqueline & Ronald Reckseit 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 January 3, 2013. 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 January 3, 2013, 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 -1633 James Dangelo & David Haupt Property Address: 1690 Renaissance Commons Blvd., Unit 1121 Violation(s): CO CH13 SEC 13 -16 Business tax receipt required to rent residence. 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 James Dangelo & David Haupt 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 January 3, 2013. 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 January 3, 2013, 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 -1637 Timothy & Karen Irvin Property Address: 1690 Renaissance Commons Blvd., Unit 1216 Violation(s): CO CH13 SEC 13 -16 Business tax receipt required to rent residence. 6 Meeting Minutes Code Compliance Board Boynton Beach, FL December 19, 2012 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, Ms. Yerzy moved that this Board find that Timothy & Karen Irvin 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 January 3, 2013. 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 January 3, 2013, 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 -1639 Gary Olson Property Address: 1690 Renaissance Commons Blvd., Unit 1217 Violation(s): CO CH13 SEC 13 -16 Business tax receipt required to rent residence. 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. Bucella moved that this Board find that Gary Olson 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 January 3, 2013. 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 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. Ms. Yerzy seconded the motion that unanimously passed. Case No. 12 -1788 Joseph & Bernadette Alexander Property Address: 10 NE 19th Avenue Violation(s): BBA FBC 2010 Ed. 105.1 Obtain permit for water heater installed /replaced. Red tagged. 17 Meeting Minutes Code Compliance Board Boynton Beach, FL December 19, 2012 Officer Herring presented the case as contained in the Notice of Violation. Staff recommended 30 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that Joseph & Bernadette Alexander 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 January 18, 2013. 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 January 18, 2013, 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 -1917 Raymond & Rogina Rizk Property Address: 1690 Renaissance Commons Blvd, Unit 1623 Violation(s): CO CH13 SEC. 13 -16 Business tax receipt required to rent residence. Officer Herring presented the case as contained in the Notice of Violation. Staff recommended 15 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that Raymond & Rogina Rizk 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 January 3, 2013. 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 January 3, 2013, 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 -2125 Bank of New York Trust Property Address: 5 Eaton Place Violation(s): CO CH10 SEC. 10 -56(B) Remove blue tarp from roof. Obtain permits to repair roof. 18 Meeting Minutes Code Compliance Board Boynton Beach, FL December 19, 2012 Officer Herring 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. Cole moved that this Board find that Bank of New York Trust 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 January 18, 2013. 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 January 18, 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 -2138 U.S. Bank National Association Property Address: 1020 NW 8th Street Violation(s): CO CH10 SEC. 10 -51.5 Inc Property that is vacant or subject to default must be maintained per City Code. Secure pool and restore to sanitary condition. Repair /replace broken or missing fence and gate, and damaged or missing soffit and fascia. Mow, weed and trim grass, bushes and Florida Holly. 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, Ms. Yerzy moved that this Board find that U.S. Bank National Association 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 January 3, 2013. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $500 per day for each day the violation continues past 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. Mr. Cole seconded the motion. 19 Meeting Minutes Code Compliance Board Boynton Beach, FL December 19, 2012 The property was a foreclosure property and was registered. The lis pendens was filed on September 18, 2008. It was unknown who held the title. Vice Chair Foot recalled a case heard at a prior lien reduction and commented this could be a problem for the individual as it could lead to a lien. Attorney Bridgeman explained she could not foretell what would happen with this case. The Board was citing the case under the Property Registration Ordinance and that was the matter being heard. It was noted there were some limitations to the Ordinance and further discussion on this matter would occur at the end of the meeting. Vote The motion unanimously passed. Case No. 12 -2139 M & T Bank Property Address: 1023 NW 6th Avenue Violation(s): CO CH10 SEC. 10 -51.5 Inc Property that is vacant or subject to default must be registered and maintained per City Code. Restore pool to sanitary condition. Repair /replace missing or torn screens on patio. Secure pool as fence gate is not secure. 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 M & T Bank 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 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 $500 per day for each day the violation continues past December 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 -1740 Alice and John Snow Property Address: 421 NE 7th Avenue Violation(s): BBA FBC 2010 ED. 105.1 Permit required for concrete drive. Red tagged. 20 Meeting Minutes Code Compliance Board Boynton Beach, FL December 19, 2012 Officer Roy presented the case as contained in the Notice of Violation. Staff recommended 15 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that Alice and John Snow 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 January 3, 2013. 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 January 3, 2013, 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 -2102 Delphine Hamon Property Address: 2130 N. Seacrest Boulevard Violation(s): CO CH15 SEC 15- 120(D) Inc. CO CH10 SEC 10 -56(B) Cease and desist storage of inoperable vehicles on the property. Remove all outdoor storage of materials, trash and debris. Officer Roy presented the case as contained in the Notice of Violation. Staff recommended 10 days be given to correct the violations. It was noted the Respondent was a repeat violator. Chair Costantino suggested a Cease and Desist Order be issued regarding the storage of inoperable vehicles. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cale moved that a Cease and Desist Order be issued giving Delphine Hamon until December 29, 2012, to bring the violations of City of Boynton Beach Code sections as cited into compliance. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by the Respondents, and hereby orders that a fine in the amount of $500 per ocurrence of the violation thereafter shall be imposed upon the Respondents. Mr. Bucella seconded the motion that passed unanimously. The following motion pertained to the outdoor storage of materials, trash and debris. 21 Meeting Minutes Code Compliance Board B Be FL December 1 20 Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Foot moved that this Board find that Delphine Hamon 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 29, 2012. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past December 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. Cole seconded the motion that unanimously passed. Case No. 12 -2217 BHAM Partners LLC Property Address: 1310 N. Federal Highway Violation(s): CO CH 13 SEC 13 -16 Business tax receipt needed for your business activity. Officer Roy 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 BHAM Partners LLC is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before January 3, 2013. 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 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. Ms. Carroll seconded the motion that unanimously passed. Case No. 12 -2241 Gregory W. Brown Property Address: 213 NE 9th Avenue Violation(s): CO CH10 SEC 10 -56(H) Remove bee infestation from building and the hive from the citrus tree. 22 Meeting Minutes Code Compliance Board Boynton Beach, FL December 19, 2012 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 Gregory W. Brown 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 29, 2012. The Board has considered the gravity of the violation, the actions taken by the Respondents 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 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 -1919 Mamie Harvard Estate Property Address: 2540 NW 2nd Street Violation(s): CO CH10 SEC 10 -60 (B) (4) Property shall not be occupied with all shutters down over windows. Remove shutters from windows. Officer Pierre presented the case as contained in the Notice of Violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Mamie Harvard Estate 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 29, 2012. The Board has considered the gravity of the violation, the actions taken by the Respondents 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 December 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 -2025 Bank of New York Mellon Property Address: 512 NW 9th Avenue Violation(s): CO CH10 SEC 10 -51.5 Inc. 23 Meeting Minutes Code Compliance Board Boynton Beach, FL December 19, 2012 Property that is vacant or subject to default must be registered with the City and maintained per City Code. Mow overgrown yard areas 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 Bank of New York Mellon 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 29, 2012. The Board has considered the gravity of the violation, the actions taken by the Respondents 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 29, 2012, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Yerzy seconded the motion that unanimously passed. Case No. 12 -2044 Djenise Cassis Property Address: 2541 N. Seacrest Boulevard Violation(s): CO CH15 SEC 15- 120(D) Inc. Remove all used tires from the property. Officer Pierre presented the case as contained in the Notice of Violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that Djenise Cassis 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 29, 2012. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $500 per day for each day the violation continues past December 29, 2012, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Yerzy seconded the motion that unanimously passed. 24 Meeting Minutes Code Compliance Board Boynton Beach, FL December 19, 2012 Case No. 12 -2080 Dalland Properties, L.P. Property Address: 520 NW 13th Avenue Violation(s): CO CH15 SEC 15- 120(D) Inc. CO CH 13 SEC 13 -16 Business tax receipt needed to rent residence. Mow yard. Officer Pierre presented the case as contained in the Notice of Violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that Dalland Properties, L.P. 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 29, 2012. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past December 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 -1805 RJR Realty LLC Property Address: 1660 Renaissance Commons Blvd., Unit 2604 Violation(s): CO CH13 SEC 13 -16 Business tax receipt needed to rent residence. Officer Roy 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. Cole moved that this Board find that RJR Realty LLC is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before January 18, 2013. The Board has considered the gravity of the violation, the actions taken by the Respondents 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 January 18, 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- 25 Meeting Minutes Code Compliance Board Boynton Beach, FL D ece m ber 19, 2012 inspection of the property to verify compliance with this Order. Ms. Yerzy seconded the motion that unanimously passed. Case No. 12 -1809 Suntrust Mortgage Inc. Property Address: 1660 Renaissance Commons Blvd., Unit 2621 Violation(s): CO CH13 SEC 13 -16 Business tax receipt needed to rent residence. Officer Roy 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 Suntrust Mortgage Inc. is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before January 18, 2013. The Board has considered the gravity of the violation, the actions taken by the Respondents 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 January 18, 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. Carroll seconded the motion that unanimously passed. Case No. 12 -1856 Raymond and Rogina Rizk Property Address: 1690 Renaissance Commons Blvd., Unit 1426 Violation(s): CO CH 13 SEC 13 -16 Business tax receipt needed to rent residence. Officer Roy 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. Cole moved that this Board find that Raymond and Rogina Rizk 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 January 18, 2013. 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 January 18, 2013, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in 26 Meeting Minutes Code Compliance Board Boynton Beach, FL December 19, 2012 order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Yerzy seconded the motion. Vice Chair Foot noted a difference in the time allowed between this case and case nos.12 -1299 and 12 -1917 as they were owned by the same Respondents. He proposed to conform the amount of time given the other two cases to this one. Officer Roy explained he would have to consult with Officer Herring and they would have to reconsider those cases. Vote The motion unanimously passed. Motion Vice Chair Foot moved to reconsider Case No. 12 -1299 on page 12 of these minutes (page 18 on the agenda) and Case No. 12 -1917 on page 18 of these minutes, (page 30 on the agenda). Ms. Yerzy seconded the motion that unanimously passed. Case No. 12 -1299 Raymond & Rogina Rizk Property Address: 1660 Renaissance Commons Blvd., Unit 2423 Violation(s): CO CH13 SEC 13 -16 Business tax receipt required to rent residence. Motion Ms. Yerzy moved to change the compliance date to January 18, 2013. Ms. Carroll seconded the motion that unanimously passed. Case No. 12 -1917 Raymond & Rogina Rizk Property Address: 1690 Renaissance Commons Blvd, Unit 1623 Violation(s): CO CH13 SEC. 13 -16 Business tax receipt required to rent residence. Motion Mr. Bucella moved to change the compliance date to January 18, 2013. Ms. Carroll seconded the motion that unanimously passed. Case No. 12 -1894 David and Karen Schmidt Property Address: 1690 Renaissance Commons Blvd., Unit 1615 Violation(s): CO CH13 SEC 13 -16 Business tax receipt needed to rent residence. 27 Meeting Minutes Code Compliance Board Boynton Beach, FL December 19, 2012 Officer Roy 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 David and Karen Schmidt 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 January 18, 2013. 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 January 18, 2013, 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 -1990 Anthony Comparato — JC Family Investment Trust No. 1 Property Address: 2 Renaissance Way, Unit 304 Violation(s): CO CH13 SEC 13 -16 Business tax receipt needed to rent residence. Officer Roy 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 Anthony Comparato — JC Family Investment Trust No. 1 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 January 18, 2013. The Board has considered the gravity of the violation, the actions taken by the Respondents 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 January 18, 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. Mr. Cole seconded the motion that unanimously passed. Case No. 12 -2021 GMAC Mortgage LLC Property Address: 320 SW 5th Avenue Violation(s): CO CH10 SEC 10 -51.5 Inc. 28 Meeting Minutes Code Compliance Board Boynton Beach, FL December 19, 2012 Property that is vacant or subject to default must be registered and maintained per City Code. Remove trash and debris. Mow overgrowth. Repair screen door, sprinkler and gutters. 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 GMAC Mortgage LLC is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before December 29, 2012. The Board has considered the gravity of the violation, the actions taken by the Respondents 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 29, 2012, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Yerzy seconded the motion that unanimously passed. Case No. 12 -2145 St. Charles & Wisleine Merice Property Address: 301 SW 5th Lane Violation(s): CO CH14 SEC 14 -3 Remove oversized truck from property. 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. Cole moved that this Board find that St. Charles & Wisleine Merice 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 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 with this Order, a fine in the amount of $150 per day for each day the violation continues past December 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. 29 Meeting Minutes Code Compliance Board Boynton Beach, FL December 19, 2012 Case No. 12 -2149 Deutsche Bank Property Address: 319 SW 9th Avenue Violation(s): CO CH10 SEC 10 -51.5 Inc. Property that is vacant or subject to default must be registered and maintained per City Code. Mow, weed and trim overgrowth, remove outside storage, repair fence, soffit and screens. Officer Roy 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 Deutsche Bank 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 January 18, 2013. The Board has considered the gravity of the violation, the actions taken by the Respondents 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 January 18, 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. Mr. Bucella seconded the motion that unanimously passed. Officer Pierre recommended the following cases be certified as No Fine: Case No. 12 -0120 Gregory G. Van Vliet 1830 N. Seacrest Boulevard Case No. 12 -1775 Logra Mgmnt - Pawn It, Inc. 3557 W. Boynton Beach Blvd. Case No. 12 -1256 Renan & Iva Laurore 504 NW 12th Avenue Case No. 12 -1522 Howard Taft 1 Renaissance Way # 303 Case No. 12 -1524 Alan & Lisa J. Candeub 1 Renaissance Way #307 Case No. 12 -0960 Johnny Marcandy 317 NW 7th Court Case No. 12 -1020 Celise & Gregory Kleinrichert 695 NE 15th Place Case No. 12 -1520 Lancore Nursery LLC 2632 N. Federal Highway Case No. 12 -1578 Andrew & Gail Luchey 128 NW 10th Avenue Case No. 12 -1331 ABK Properties LLC 112 SW 9th Avenue Case No. 12 -1657 Rose Joaseus 465 SW 3rd Avenue Motion Based on testimony and evidence presented in the aforementioned cases, Vice Chair Foot moved that this Board find that the named Respondents were in violation of the 30 Meeting Minutes Code Compliance Board Boynton Beach, FL December 19, 2012 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." Ms. Carroll seconded the motion that unanimously passed. Officer Pierre recommended the following case be tabled to February 20, 2093: Case No. 11 -1968 Ocean Properties 777 LLC 1510 SW 8 Street Motion Vice Chair Foot moved to table the aforementioned case to February 20, 2013. The motion was seconded by Ms. Carroll and unanimously passed. Officer Pierre recommended the following case be tabled to July 97, 2093: Case No. 08 -3379 Forum Shoppes of Boynton LLC 140 N. Congress Avenue Motion Ms. Carroll moved to table the aforementioned case to July 17, 2013. The motion was seconded by Mr. Cole and unanimously passed. Officer Pierre read the following verbatim: "The City was requesting that the fines be certified in the following cases. All the 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 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 -1425 ($150) James R. Ferraro 1 Renaissance Way # 108 Case No. 12 -1430 ($150) Equity Trust Co. Custodian 1 Renaissance Way# 201 Case No. 12 -1288 ($500) FM Leasing Corporation 130 SE 14th Avenue Case No. 12 -1676 ($200) Laina & Leon Feinstein 508 SW 1st Street Case No. 12 -1506 ($300) Jennifer Bates 903 SW 27th Terrace Case No. 12 -1713 ($1,000) Lawrence W. King 978 Old Boynton Road Case No. 12 -1683 ($1,000) Wells Fargo Bank 261 N. Atlantic Drive 31 Meeting Minutes Code Compliance Board Boynton Beach, FL December 19, 2012 Case No. 12 -1634 ($1,000) Deutsche Bank National Trust 2531 SW 11th Court 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 by each Respondent to remedy the violation, and previous violations of each Respondent, Ms. Carroll moved that the fines be certified in the cases as requested by the Code Officer. Mr. Bucella seconded the motion that unanimously passed. Officer Pierre requested a Cease and Desist certification for the following case at $500 per occurrence with 51 occurrences: Case No. 12 -1506 Jennifer Bates 903 SW 27th Terrace Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole move that this Board find that the Respondent on October 28, 2012 to December 19, 2012, did not comply with this Board's Cease and Desist Order dated October 17, 2012, and having considered the gravity of the violation, the actions taken by the Respondent that this Board impose and certify a fine in the amount of $500 per occurrence for 51 occurrences plus administrative costs. Ms. Carroll seconded the motion. Vice Chair Foot noted the Respondents name came up earlier. He inquired if the Board was treating her as a repeat offender. Officer Pierre had no knowledge about the case. Vote The motion unanimously passed. Officer Pierre requested the following Lien Penalty Certification for Nusiance Abatement in the amount of $1,000: Case No. 12 -1742 Garry Rowell 345 SW 13th Avenue Motion Mr. Cole moved to certify the fine. Ms. Carroll seconded the motion that unanimously passed. 32 Meeting Minutes Code Compliance Board Boynton Beach, FL December 19, 2012 Motion Based on 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. Vice Chair Foot explained at the prior Lien Reduction meeting, there was a case involving Deutsch Bank as the mortgagee and the original homeowner, who was requesting a lien reduction to accommodate a short sale. A question arose about whether the Board should consider reducing the lien in this situation because the Bank had been cited. Under the normal process, the Bank would pay the lien. It was his opinion it was not fair to the property owner to delay his short sale because the Bank had not fulfilled its responsibility. Vice Chair Foot wanted the City Commission to modify the Ordinance language to include additional protection for the property owner. Attorney Bridgeman pointed out there was nothing in the Code that specified only the person or entity cited could apply for a Lien Reduction. Any party could apply. That was why prospective buyers often appeared and indicated the Bank did not maintain the property. They wanted to close the sale and the lien would kill the deal if not reduced. Discussion followed that currently, the Board cites the Bank for not maintaining the property and the lien goes against the Bank. When the Board sites the Bank, the Bank has filed a lis pendens, but has not completed the foreclosure process and received the Certificate of Title. In this instance, as per the Ordinance, the Board could not lien property the Bank did not yet own and it was the title company who pointed out the lien and would not give clear title. Vice Chair Foot thought it was an unusual situation. Normally the mortgagee has clear title to the property and they or someone else transfers it at the time of sale. The purpose of the discussion was to determine if the Board wanted Attorney Cherof to present this to the Commission as a recommendation of the entire Board or as a standalone position of Vice Chair Foot's. There was discussion whether Banks pass the liens onto the buyer. Chair Costantino noted there were times the Board inquired who was going to pay the fine and the Respondent indicated the Bank gives them money and the Board accepts the Bank's offering. Vice Chair Foot had indicated he was unhappy that the property owner on Monday was held up in their attempt to a conduct a short sale because the Bank did not do what they were supposed to do. It was a policy decision and not a legal question. The legal aspect was the Code was being enforced as it is written and the City was doing what it was supposed to do. The lien was written correctly, the Code Officer acted correctly, 33 Meeting Minutes Code Compliance Board Boynton Beach, FL December 19, 2012 and there was no issue from the work the City did. The problem Vice Chair Foot had pertained to what the title company was saying, which the City had no control over. Discussion ensued when the property does go into foreclosure, the Bank cannot ask the judge to remove the lien because the lien was against the Bank. If a property address is listed on the lien and it is attached to the property when they foreclosed, staff lists the City as defendant and the City's lien is removed. Motion Vice Chair Foot moved that this Board support the request for the City Attorney to ask the City Commission to consider modification of the applicable Ordinance to provide more protection for individuals who may be associated with a fine against a mortgagee and where a lien can become an issue. Attorney Bridgeman summarized the Legal Department agreed to relay Vice Chair Foot's concern to the Commission, which was the property owner is at times harmed by the Bank failing to fulfill its responsibility and whether the Commission wanted to modify the Ordinance to give the property owner some additional protection. The question was whether the Board wanted to join Vice Chair Foot's concern. Mr. Bucella seconded the motion. Ms. Carroll inquired how the members would know when these cases come before the Board that the Bank was being cited and not the property. Ms. Springer explained she marks it on the agenda. Ms. Springer further clarified if the case is sited under the Abandoned Property Ordinance and /or if a lis pendens is filed when the violations are noted, staff cites the Bank. She pointed out the concern about the property owner in this case, and in 99 out of 100 cases that come before the Board, is the property owner abandoned the property. The owner voluntarily walked away from the property when foreclosure proceedings commenced and that was why they cited the Bank. In this case the owner returned to address property he abandoned years ago via a short sale, but could not get clear title due to the process. Ms. Springer emphasized the Ordinance was put in place to have someone clean up the property, if not the property owner, then the Bank. Someone had to be held responsible for leaving the City with an eyesore and that was where the Ordinance came into play. If the Bank fails to do so, they are just as responsible as the property owner who abandoned the property. In order to gain some leverage, they cite the Bank. 34 Meeting Minutes Code Compliance Board Boynton Beach, FL December 19, 2012 Vote Chair Costantino requested a roll call vote whether the Board supported joining in Vice Chair Foot's concern. The motion failed 1 -5, (Messrs. Cole and Bucella, Mses. Carroll and Yerzy and Chair Costantino dissenting). It was agreed the message would be conveyed to the Commission from Vice Chair Foot and not the Board. Mr. Bucella announced this was his last meeting. It had been an honor to serve on the Board. The members were wished a Happy Holiday and New Year. Adjournment There being no further business to discuss, the meeting was properly adjourned at 8:06 p.m. T 9 Catherine Cherry Recording Secretary 122312 35