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Minutes 01-16-13 MINUTES OF THE CODE COMPLIANCE AND LIEN REDUCTION BOARD MEETING HELD ON WEDNESDAY, JANUARY 16, 2013, AT 6:30 P.M., IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BOULEVARD BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Shana Bridgeman, Assistant City Attorney Robert Foot, 1st Vice Chair Diane Springer, Code Compliance Coordinator Gary Cole, 2nd Vice Chair Alan Borrelli Kathleen Carroll (arr 7 07 p m ) RoseMarie Yerzy I. Call to Order Chair Costantino called the meeting to order at 6:30 p.m. II. Approval of 11/19/12 Code Board Minutes Motion Mr. Cole moved to approve the Code Board minutes. Mr. Foot seconded the motion that unanimously passed III. Approval of Agenda John Herring, Code Compliance Officer, announced the following changes to the agenda Case Nos: 12 -2304, 12 -2352, 12 -2236, and 12 -2405 complied. Case Nos: 12 -1568 and 12 -1787 were removed. Case Nos: 12 -1724, 12 -1761 and 12 -2297 were tabled to February 20, 2013. Motion Mr. Foot moved to table the aforementioned cases to February 20, 2013. Mr. Cole seconded the motion that unanimously passed. Meeting Minutes Code Compliance Board Boynton Beach, FL January 16, 2013 Motion Mr. Foot moved to approve the agenda as amended. Ms. Yerzy 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 Herring called the roll and determined who was present. Case No. 12 -2384 Carl L. Morobitto, Jr./Terri Lynn Ricciardelli Location: 1018 and 1020 SW 4 Street Violation(s): CH 4 SEC 4 -13, 4 -32 Animals creating a nuisance. All cats must be confined to owner's property. Liz Roehrich, Animal Cruelty Investigator, presented the details of the case. This originated as a citizen complaint. The Respondent has numerous cats on the property that create a nuisance in the neighborhood. Both verbal and written warnings had been issued upon receiving certified affidavits from the neighbors on April 26, 2012. An additional written warning was issued on September 26, 2012. The Respondent obtained a feral cat colony permit from the County and was advised the permit was not valid in the City because the Ordinance superseded it. She picked up traps but did not use them. She was issued a civil citation on October 15, 2012. She contested it and was found guilty. Although there are a lot Tess cats, the violation continues. The City was requesting a Cease and Desist Order. She noted the Respondent was present. Terri Lynn Ricciardelli, 1020 SW 4 Street pled no contest. She indicated she was doing the best she could to trap the remainder of the cats. She was working with a woman from the coalition recommended by Ms. Roehrich. She had tagged, micro - chipped and obtained two years of rabies shots for the cats before bringing them to the pound. She believed there were possibly four cats left to trap that were chipped and spayed and three that have not been spayed and have not been caught. She indicated she would need approximately three or four days to catch the remainder of the cats. Ms Roehrich indicated another problem was the fact that Ms. Ricciardelli provides food sources for the cats. These food sources attract other animals as well. Ms. Ricciardelli indicated she feeds the cats in the morning in an attempt to catch them. Jay Galoci, 440 SW 10 Avenue, was a witness in the case and had provided a sworn statement. He advised the cats do not just stay on Ms. Ricciardelli's property. They go 2 Meeting Minutes Code Compliance Board Boynton Beach, FL January 16, 2013 to the neighbor's properties as well. They are a great nuisance and destroy the property. He has tried catching some of the cats but was unable to because they were not hungry so they would run away. Barbara Esper, 448 SW 10 Avenue, was also a witness in the case. She reiterated what Mr. Galoci indicated. The cats appear as if they do not want to leave because they are well fed. It has been a problem for her that has been going on for a long time. The lawn maintenance man stopped mowing her yard due to the mess the cats make in her yard She also indicated there had been an increase in raccoons and possums because of the food sources. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Carl L. Morobitto, Jr. and Terri Lynn Ricciardelli 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 23, 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 $250 per day for each day the violations continue past January 23, 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. Motion Based on testimony and evidence presented in the aforementioned case, Mr. Foot moved that a Cease and Desist Order be issued giving Carl L. Morobitto, Jr.and Terri Lynn Ricciardelli until January 23, 2013 to bring the violation of the City of Boynton Beach Code section as cited into compliance. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that a fine in the amount of $250 per occurrence, per day of the violation thereafter shall be imposed upon the Respondents. The motion was seconded by Ms. Yerzy and unanimously approved. Case No. 12 -651 Robert Domenick Location: 2316 SW 23 Cranbrook Drive Violation(s): BBA FBC '07 ED. 105.1 Permit for A/C Changeout has expired. Luney Guillaume, Code Compliance Officer, presented the details of the case. Mr. Levine appeared at the Code Compliance hearing date. The compliance date set by the Board was December 1, 2012 or $100 per day and the violation still exists. 3 Meeting Minutes Code Compliance Board Boynton Beach, FL January 16, 2013 Kathleen McCarthy, 2316 SW 23 Cranbrook Drive, advised she was appearing on behalf of the Bank who had filed a lis pendens in the foreclosure matter against Mr. Domenick. She requested additional time to comply with what needs to be done on the property. At this time, there was no final judgment, so the owner may still be in the property Officer Guillaume advised the property was vacant. Ms. McCarthy indicated the lis pendens was filed in January, 2008. However, the City had no record of that filing. The Respondent was requesting 30 days so as to relay the information to the bank and get someone to the property. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Robert Domenik has not complied with the 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 of $100 per day, plus administrative costs, which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based on the certification of fine Mr. Foot seconded the motion that unanimously passed. Case No. 12 -1605 US Bank National Association Tr Property Address: 1498 NW 1 Street Violation(s) CO CH10 SEC 10 -51.5 INC Property must be registered, repair fence, mow overgrown areas, and trim overgrown vegetation on property and right of way. Vestiguerne Pierre, Senior Code Enforcement Officer, presented the case as contained in the notice of violation. The hearing date was October 17, 2012. The compliance date and proposed fine set by the Board was December 16, 2012 or $150 per day The violation still exists and the number of days of non - compliance was 30 days. Mark Matri, 1498 NW 1 Street, represented the Bank who was filing the foreclosure action. His understanding was that the Bank was not aware of the issues and received a first notice. He was requesting 30 days to get a property preservation team out to the property to inspect and take action for compliance. When an inquiry was made as to the registration of the property, Mr. Matri indicated the lis pendens was filed in November and service was obtained as well. He was not aware of the procedures to register the property. Chair Costantino requested an explanation as to why the Notice of Violation was dated August 23, 2012 for registering the foreclosure property if the lis pendens was not filed until November. Officer Pierre indicated according to his records, the lis pendens was filed on December 16, 2008. Mr. Matri indicated that would have had to be a separate lis pendens that was possibly dismissed or there were 4 Meeting Minutes Code Compliance Board Boynton Beach, FL January 16, 2013 two foreclosures. He again requested 30 days to get his team out to the property and be in compliance Motion Mr. Foot moved to table the aforementioned case to February 20, 2013. Mr. Cole seconded the motion that unanimously passed. Case No. 12 -2568 Philip & Hattie Denaro Property Address: 64 Baytree Lane Violation(s): CO CH10 SEC 10 -52 CO CH 15 SEC 15 -120 (D) INC Remove all inoperable and unregistered vehicles from property. Courtney Cain, Code Enforcement Officer, presented the case as contained in the notice of violation. Notice of violation date was September 19, 2011. The Code Compliance hearing was November 16, 2011 and Philip Denaro appeared. The compliance date set by the Board was a Cease and Desist by November 17, 2011 or $500 per occurrence. Dates of occurrences were November 29, 2012 and November 30, 2012. The Respondent was present. Agnes Holland, advised she was the attorney for Mr. Denaro. She commented that the Respondent was in compliance at this point and had a neighbor present who was willing to testify. Chair Costantino pointed out there was evidence of two occurrences. Attorney Holland requested to recite the mitigating circumstances as to why the Respondent was not in compliance previously. She advised the property was owned by Philip, Sr. & Hattie Denaro. The Respondent present was Philip Denaro, Jr. Mr. Philip Denaro, Sr. passed away on July 1, 2012. Mrs. Denaro had received the notice of violation but received it within a month after Mr. Denaro's passing. She was not in a position to handle it at that time. She now lives in assisted living and Mr. Philip Denaro, Jr. was the current resident of the property. He has corrected the situation and is asking the Board to consider the unusual circumstances. Chair Costantino confirmed that it was Philip Denaro, Jr. that appeared on November 16, 2011. Philip Denaro, Jr. 64 Baytree Lane, confirmed he was the one that appeared on November 26, 2011. He was confused as to what the Cease and Desist order meant. Chair Costantino explained the procedure when a Cease and Desist order is issued. She explained to Mr. Denaro that the fines occurred because unregistered and inoperable vehicles were found on the property after the Cease and Desist order was issued. Mr. Foot inquired if the cars were family cars that were no longer drivable. Officer Cain advised that he remembered from the last hearing he had an automotive sales operation that he was involved in and brought the cars home. Many of the cars go from a plate to a paper tag. As an additional note, there was already a lien on the property for 29 prior occurrences which proved he knew what was happening. 5 Meeting Minutes Code Compliance Board Boynton Beach, FL January 16, 2013 Motion Based on testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Philip and Hattie Denaro on November 29, 2012 and November 30, 2012 did not comply with this Board's Cease and Desist Order dated November 16, 2011, and having considered the gravity of the violation, the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $500 per occurrence for two occurrences plus administrative costs. Mr. Cole seconded the motion that unanimously passed. Case No. 10 -3141 JP Morgan Chase Bank 229 NE 11 Avenue Diane Springer, Code Compliance Coordinator, presented the details of the case as contained in the original violation. This case came before the Board on December 15, 2010 and no one appeared. The compliance date was set for December 25, 2010 or incur a fine of $150 per day. The case complied on January 22, 2011 for a total of 331 days All requirements for lien reduction had been met. Jean R. Dieujoste, 136 W. Ocean Drive, was the broker in charge of the property for the owner, Bluestone Holdings. He advised the property was currently in compliance. Approximately $24,000 was spent on the property in the last two months. The home was purchased knowing there was a lien on it for $30,000. Motion Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent, JP Morgan Chase Bank, has complied with all lien reduction procedures set forth in Section 2 -84 through 2 -89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of December 15, 2010 to an amount of $5,634.12, including administrative costs. Mr. Cole seconded the motion that unanimously passed. Chair Costantino requested it be noted that Mayor Hay was present, as a spectator. Case No. 11 -807 GMAC Mortgage LLC 1456 SW 25 Avenue #D Ms. Springer presented the details of the case as contained in the original violation. This case came before the Board on June 15, 2011 and no one appeared. The compliance date was set for June 30, 2011 or incur a fine of $250 per day. The case complied on November 19, 2012 for a total of 507 days. All requirements for lien reduction had been met. 6 Meeting Minutes Code Compliance Board Boynton Beach, FL January 16, 2013 Jeffrey Paolino, 3600 So. Congress Avenue, represented Fannie Mae on this property. Fannie Mae got the property in late November and anything that had to be completed was approved by the Bank and done. There was a leak in the roof that was repaired and the inside of the property was redone. The property would be sold for $40,000 to $60,000. Mr. Cole mentioned that the property was ignored for 507 days. Mr. Paolino responded that most of the fine was running on the property registration violation and that the bank had to get the certificate. There could also be numerous people working on the property file which allows things to get lost in the shuffle. He was asking for as much of a reduction as possible. Motion Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent, GMAC Mortgage 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, Mr. Cole 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 $10,730.15, including administrative costs. Ms. Yerzy seconded the motion that passed 5 -1. (Ms. Carroll dissenting). Case No. 12 -2205 Sauvens Castelly & Marsha & Shirley Joseph Property Address: 611 NW 1 Avenue Violation(s): CH2.5 SEC 2.5 -3, 2.5 -7 Alarm permit/decal display location. Officer Herring presented the case as contained in the notice of violation. The City recommended 10 days for a compliance date of January 26, 2013. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Sauvens Castelly & Marsha & Shirley Joseph 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 January 26, 2013. 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 $50 per day for each day the violation continues past January 26, 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. 7 Meeting Minutes Code Compliance Board Boynton Beach, FL January 16, 2013 Case No. 12 -2285 Danie Jackson Property Address: 38 So. Palm Drive Violation(s): CH2.5 SEC 2.5 -3, 2.5 -7 Alarm permit/decal display location. Officer Herring presented the case as contained in the notice of violation. The City recommended 10 days for a compliance date of January 26, 2013. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Danie Jackson 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 January 26, 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 26, 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. Foot seconded the motion that unanimously passed. Case No. 12 -1694 Richard Campbell Property Address: 2 Renaissance Way #115 Violation(s): CO CH13 SEC 13 -16 Property must be registered. Officer Cain presented the case as contained in the notice of violation. The City recommended 15 days fora compliance date of January 31, 2013. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Richard Campbell 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 January 31, 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 $150 per day for each day the violation continues past January 31, 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. 8 Meeting Minutes Code Compliance Board Boynton Beach, FL January 16, 2013 Case No. 12 -1978 Forum Shoppes of Boynton LLC- Palermo Bakery Property Address: 140 N. Congress Avenue #4 Violation(s): BBA FBC 2010 ED 105.1 Business Tax Receipt required. Obtain permits for coolers. Officer Guillaume presented the case as contained in the notice of violation. The City recommended 60 days for a compliance date of March 17, 2013. The motion was made with discussion by Mr. Foot. He inquired if all the problems are still continuing and Officer Guillaume indicated the owner was working with the Building Department to obtain the permits for the coolers. There was discussion on the safety of the coolers and if it could potentially be a health hazard. Ms. Springer indicated she spoke with the Building Department and was advised that someone had granted a 30 day extension on the application, so the compliance date cannot be prior to that. That was the reason 60 days was requested. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Forum Shoppes of Boynton LLC - Palermo Bakery 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 March 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 $150 per day for each day the violation continues past March 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. Ms. Carroll seconded the motion that passed 5 -1 (Chair Costantino dissenting). Case No. 12 -2246 Millicent Forbes Property Address: 715 Mission Hill Road Violation(s): CO CH13 SEC 13 -16 Property must have a Business Tax Receipt. Officer Guillaume presented the case as contained in the notice of violation. The City recommended 15 days for a compliance date of January 31, 2013. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Millicent Forbes 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 January 31, 2013. The Board has considered the gravity of 9 Meeting Minutes Code Compliance Board Boynton Beach, FL January 16, 2013 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 -2254 Bank of New York Trust Property Address 1468 SW 25 Place, #D Violation(s): CO CH10 ORD 09 -040 INC Property must be maintained. Remove all mold from inside the property. Repair roof and apply for all required permits. Secure property and remove rodent infestation. Officer Herring presented the case as contained in the notice of violation. The City recommended 10 days for a compliance date of January 26, 2013. 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 sections cited and moved to Order that the Respondent correct the violations on or before January 26, 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 $500 per day for each day the violations continue past January 26, 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 -2258 CitiMortgage Property Address: 1468 25 Place #B Violation(s): CO CH10 SEC 10 -51 -5 INC Property must be maintained. Remove all mold from inside the property. Remove all trash, debris and outside storage. Secure property. Officer Herring presented the case as contained in the notice of violation. The City recommended 10 days for a compliance date of January 26, 2013. This is a health and safety hazard. 10 Meeting Minutes Code Compliance Board Boynton Beach, FL January 16, 2013 Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that CitiMortgage 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 26, 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 $500 per day for each day the violations continue past January 26, 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 -2259 John J. Blevins, Jr. Property Address: 1468 SW 25 Place #A Violation(s): CO CH10 SEC 10 -56 (B) (D) (E) CO CH15 SEC 15 -120 (D) INC. Remove all outside storage, repair or replace fence enclosure, repair patio, repair or replace all torn or missing screens on patio, repair or replace all broken windows and secure the property. Officer Herring presented the case as contained in the notice of violation. The City recommended 10 days for a compliance date of January 26, 2013. Motion Based on the testimony and evidence presented in the aforementioned case, Mr Foot moved that this Board find that John J. Blevins, Jr. 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 26, 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 $300 per day for each day the violations continue past January 26, 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. The motion died for lack of a second. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that John J. Blevins, Jr. is in violation of the City of 11 Meeting Minutes Code Compliance Board Boynton Beach, FL January 16, 2013 Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before January 26, 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 $500 per day for each day the violations continue past January 26, 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 with discussion by Mr. Foot. He commented on the health hazard designation and requested Officer Herring to explain. Officer Herring explained the property was constantly getting broken into, leaving broken windows where people could get hurt. The patio and fence are also in disrepair and creates a safety hazard. The motion passed unanimously. Case No. 12 -2260 BAC Home Loans Servicing LP Property Address: 906 NW 13 Avenue Violation(s): CO CH10 SEC 10 -51.5 INC. Property must be maintained. Mow, weed and trim property. Repair or replace all damaged or missing soffit and fascia. Officer Herring presented the case as contained in the notice of violation. He had spoken to the representative and they are getting the soffit repaired and yard is approximately 75% complete. The City recommended 30 days for a compliance date of February 15, 2013. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that BAC Home Loans Servicing LP is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before February 15, 2013. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $150 per day for each day the violations continue past February 15, 2013, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case No. 12 -2263 PNC Bank Property Address: 816 NW 8 Avenue Violation(s) CO CH10 SEC 10 -51.5 INC 12 Meeting Minutes Code Compliance Board Boynton Beach, FL January 16, 2013 Property must be maintained. Repair or P Y p replace all broken windows. Secure pool and bring it back to a sanitary condition. Repair or replace all torn or missing soffit screens. Mow, weed, and trim property. Officer Herring presented the case as contained in the notice of violation. The City recommended 10 days for a compliance date of January 26, 2013. This was a health and safety hazard. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that PNC Bank 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 26, 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 $1000 per day for each day the violations continue past January 26, 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 -2184 Candeleria V. Velasqez Property Address: 312 NE 20 Avenue Violation(s): CO CH10 SEC 10 -52 + 10 -56 (B) CO CH 14 SEC 14 -3 Remove inoperable vehicles and over one ton trucks from property. Remove outdoor stored materials, trash, and debris. Skip Lewis, Senior Code Compliance Officer, presented the case as contained in the notice of violation. The City recommended 10 days for a compliance date of January 26, 2013. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Candeleria V Velasquez 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 26, 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 $350 per day for each day the violations continue past January 13 Meeting Minutes Code Compliance Board Boynton Beach, FL January 16, 2013 26, 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 -2185 Catherine Allen Property Address: 318 NE 20 Avenue Violation(s): CO CH15 SEC 15 -120 (D) INC CO H10 SEC 10 -52 Cease and desist storing inoperable vehicles on the property. Remove outdoor stored materials and any debris. Officer Lewis presented the case as contained in the notice of violation. The City recommended 10 days for a compliance date of January 26, 2013. Officer Lewis also requested a Cease and Desist order. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Catherine Allen 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 26, 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 $500 per day for each day the violations continue past January 26, 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. This motion was for the trash and debris. Motion Based on testimony and evidence presented in the aforementioned case, Mr. Foot moved that a Cease and Desist Order be issued giving Catherine Allen until January 26, 2013 to bring the violation of the City of Boynton Beach Code section 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 Respondent, and hereby orders that a fine in the amount of $500 per occurrence, per day of the violation thereafter shall be imposed upon the Respondent. The motion was seconded by Ms. Yerzy and unanimously approved. This motion was for the inoperable vehicles. Case No. 12 -2212 Maria Belman Property Address 410 NE 26 Avenue Violation(s). CO CH15 SEC 15 -120 (D) (E) INC 14 Meeting Minutes Code Compliance Board Boynton Beach, FL January 16, 2013 CO CH10 SEC 10 -56 (B) Remove deteriorated fencing and gate /wood. Mow and trim overgrown shrubs and bushes and remove trash and debris from the property. Officer Lewis presented the case as contained in the notice of violation. The City recommended 10 days for a compliance date of January 26, 2013. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Maria Belman 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 26, 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 $150 per day for each day the violations continue past January 26, 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 -2327 Michael G. Holeman Property Address: 3275 Grove Road Violation(s): CO CH13 SEC 13 -16 Business Tax Receipt required. Officer Lewis presented the case as contained in the notice of violation. The City recommended 15 days fora compliance date of January 31, 2013. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Michael G. Holeman 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 January 31, 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 31, 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. Foot seconded the motion that unanimously passed. 15 Meeting Minutes Code Compliance Board Boynton Beach, FL January 16, 2013 Case No. 12 -2357 Lamar Nixon Property Address: 412 NE 1s Street Violation(s): CO CH10 SEC 10 -56 (B) (D) Secure all doors and windows from entry and maintain property. Remove all trash, debris, barrels, and garbage from the exterior of the property. Officer Lewis presented the case as contained in the notice of violation. The City recommended 10 days for a compliance date of January 26, 2013. Officer Lewis also requested a Cease and Desist order. There had been problems with the property being broken in to. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Lamar Nixon 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 26, 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 $300 per day for each day the violations continue past January 26, 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. Motion Based on testimony and evidence presented in the aforementioned case, Mr. Foot moved that a Cease and Desist Order be issued giving Lamar Nixon until January 26, 2013 to bring the violation of the City of Boynton Beach Code section 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 Respondent, and hereby orders that a fine in the amount of $300 per occurrence, per day of the violation thereafter shall be imposed upon the Respondent The motion was seconded by Mr. Cole and unanimously approved. This motion was for the securing of the property. Case No. 12 -760 Marilee Opoka Property Address: 2002 So. Federal Highway Violation(s): CO CH13 SEC 13 -16 Business Tax Receipt required. 16 Meeting Minutes Code Compliance Board Boynton Beach, FL January 16, 2013 Officer Guillaume requested this case be tabled to the February meeting. Motion Ms. Yerzy moved that the aforementioned case be tabled to February 20, 2013. Mr. Cole seconded the motion that unanimously passed. Case No. 12 -2306 Ellington Beckles Est. Property Address: 310 NW 16 Street Violation(s). CO CH15 SEC 15 -120 (D) INC Remove all trash and debris from yard, trim overgrowth, and fix broken windows. Officer Pierre presented the case as contained in the notice of violation. The City recommended 15 days for a compliance date of January 31, 2013. The only thing remaining is a small amount of debris. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Ellington Beckles Est. is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before January 31, 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 $350 per day for each day the violation continues past January 31, 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. Foot seconded the motion that unanimously passed. Case No. 12 -1768 Allan J. and Rebecca Proske Property Address: 1660 Renaissance Commons Blvd. #2523 Violation(s): CO CH13 SEC 13 -16 Business Tax Receipt required. 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 February 15, 2013. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Allan J. and Rebecca Proske is in violation of the 17 Meeting Minutes Code Compliance Board Boynton Beach, FL January 16, 2013 City of Boynton Beach Code sections cited and moved Order y y c C d s c s ted a d oved to Or e that the Respondents correct the violation on or before February 15, 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 February 15, 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 -2175 Marie and Rigaud Alsume Property Address: 1184 SW 27 Place Violation(s) CO CH10 SEC 10 -56 (A) (D) Remove blue tarp and repair roof. Officer Roy presented the case as contained in the notice of violation. The City recommended 30 days for a compliance date of February 15, 2013. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Marie and Riguad Alsume 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 February 15, 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 $500 per day for each day the violation continues past February 15, 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 -2222 Andrea L. & Tarek M. Loutfy & John Marino Property Address: 2 Renaissance Way #407 Violation(s): CO CH13 SEC 13 -16 Business Tax Receipt required. Officer Roy presented the case as contained in the notice of violation. The City recommended 30 days for a compliance date of February 15, 2013. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Andrea L. & Tarek M. Loutfy & John Marino are in violation of the City of Boynton Beach Code sections cited and moved to Order that the 18 Meeting Minutes Code Compliance Board Boynton Beach, FL January 16, 2013 Respondent correct the violation on or before February 15, 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 violations continue past February 15, 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 -2224 Emmanuel Mellis Property Address. 2 Renaissance Way #410 Violation(s): CO CH13 SEC 13 -16 Business Tax Receipt required. Officer Roy presented the case as contained in the notice of violation. The City recommended 30 days for a compliance date of February 15, 2013. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that Emmanuel Mellis 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 February 15, 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 15, 2013, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed Case No. 12 -2226 Kjell Rune Staalesen Property Address: 2 Renaissance Way #412 Violation(s): CO CH13 SEC 13 -16 Business Tax Receipt required. Officer Roy presented the case as contained in the notice of violation. The City recommended 30 days for a compliance date of February 15, 2013. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Kjell Rune Staalesen 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 February 15, 2013. The Board has considered the gravity of 19 Meeting Minutes Code Compliance Board Boynton Beach, FL January 16, 2013 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 15, 2013, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Cole seconded the motion that unanimously passed. Case No. 12 -2232 Paul W. Dwyer Property Address: 3 Renaissance Way #109 Violation(s): CO CH13 SEC 13 -16 Business Tax Receipt required. Officer Roy presented the case as contained in the notice of violation. The City recommended 30 days for a compliance date of February 15, 2013. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Paul W. Dwyer 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 February 15, 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 15, 2013, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case No. 12 -2248 Wells Fargo Bank NA Trustee Property Address: 415 SW 7 t11 Court Violation(s): CO CH10 SEC 10 -56 (A) (B) (D) CO CH15 SEC 15 -120 (D) INC CO CH13 SEC 13 -16 Mow, weed and trim all overgrowth, and make repairs to garage door. Business Tax Receipt is required. Officer Roy presented the case as contained in the notice of violation. The City recommended 10 days for a compliance date of January 26, 2013. 20 Meeting Minutes Code Compliance Board Boynton Beach, FL January 16, 2013 Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Wells Fargo Bank NA Trustee 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 26, 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 $200 per day for each day the violations continue past January 26, 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 -2283 Lake Success Rentals, Inc. Property Address: 121 SW 7 Avenue Violation(s) CO CH13 SEC 13 -16 Obtain 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 January 26, 2013. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Lake Success Rentals, Inc. 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 January 26, 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 $300 per day for each day the violations continue past January 26, 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. Officer Herring recommended the following three cases, be certified as "No Fine ". Case No. 12 -1374 Forum Shoppes of Boynton 140 N. Congress Avenue Case No. 12 -1240 Lake Success Rentals, Inc. 19 Peachtree Place Case No. 12 -1932 Bank of America 457 SW 3rd Avenue 21 Meeting Minutes Code Compliance Board Boynton Beach, FL January 16, 2013 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. Cole seconded the motion that unanimously passed. Officer Herring recommended the following case be tabled to February 20, 2013: Case No. 12 -1834 Dupree Smith 2604 NE 3 Street Motion Mr. Foot moved to table the aforementioned case to February 20, 2013. The motion was seconded by Ms. Carroll and unanimously passed. Officer Herring recommended the following case be tabled to March 20, 2013: Case No. 111 -2315 Home Depot USA 1500 SW 8 Street Motion Mr. Foot moved to table the aforementioned case to March 20, 2013. The motion was seconded by Mr. Cole and unanimously passed Officer Herring 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 nine 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 -1398 ($50) Donna A. Morris 2292 SE 4 Street Case No. 12 -1727 ($100) Arthur & Yvonne House 5 Corrie Place Case No. 12 -1916 ($1000) Jonathan M. Dwork 154 Orange Drive Case No. 12 -1916 ($200) Jonathan M. Dwork 154 Orange Drive Case No. 12 -1981 ($250) Bank of New York Mellon 1801 NE 2nd Lane Case No. 12 -1838 ($250) James L. Ware 1739 Banyan Creek Ct Case No. 12 -1942 ($50) Jason Gouldon 89 Buxton Lane 22 Meeting Minutes Code Compliance Board Boynton Beach, FL January 16, 2013 Case No. 12 -1887 ($250) US Bank Nat'l Assoc 457 NW 1 Avenue Case No. 12 -1898 ($150) Karen Campbell/ 204 NW 1 Avenue Ignatius Rodriguez 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, Mr. Foot 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. Foot moved to adjourn. Ms. Carroll seconded the motion that unanimously passed. The meeting was adjourned at 8:18 p.m. Ecat,(Azt_ Ellie Caruso Recording Secretary 23