Loading...
Minutes 02-20-13 MINUTES OF THE CODE COMPLIANCE AND LIEN REDUCTION BOARD MEETING HELD ON WEDNESDAY, FEBRUARY 20, 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 Gary Cole, 2nd Vice Chair Diane Springer, Code Compliance Coordinator Alan Borrelli RoseMarie Yerzy ABSENT: Robert Foot, 1st Vice Chair Kathleen Carroll I. Call to Order Chair Costantino called the meeting to order at 6:31 p.m. II. Approval of 12/19/12 & 1116113 Code Board Minutes & 12/17/12 Lien Reduction Minutes Motion Mr. Cole moved to approve the minutes of December 19, 2012. Mrs. Yerzy seconded the motion that unanimously passed. Motion Mr. Cole moved to approve the minutes of January 16, 2013. Mrs. Yerzy seconded the motion that unanimously passed. Motion Mr. Cole moved to approve the Lien Reduction minutes of December 17, 2012. Mrs. Yerzy seconded the motion that unanimously passed. Meeting Minutes Code Compliance Board Boynton Beach, FL February 20, 2013 III. Approval of Agenda Pete Roy, Chief Code and Rehabilitation Officer, announced the following changes to the agenda: The following cases were tabled to March 20, 2013: Case Nos: 12 -1724, 13 -11, and 12 -2119. Motion Mr. Cole moved to table the aforementioned cases to March 20, 2013. Mrs. Yerzy seconded the motion that unanimously passed. The following case was tabled to February 19, 2014. Case No: 03 -2123. Motion Mrs. Yerzy moved to table the aforementioned case to February 19, 2014. Mr. Cole seconded the motion that unanimously passed. The following cases complied: Case Nos: 12 -1761, 12 -2297 and 12 -760. Motion Mr. Cole moved to approve the agenda as amended. Mrs. 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 Roy called the roll and determined who was present. Ms. Springer welcomed new Supervisor, Sgt. Paul Sheridan. 2 Meeting Minutes Code Compliance Board Boynton Beach, FL February 20, 2013 Case No. 12 -2425 Frederic & Michelle Mance Location: 9 Bentwater Circle Violation(s): BBA FBC 2010 ED. 105.1 A permit is required for all remodeling. Vestiguerne Pierre, Sr. Code Enforcement Officer, presented the details of the case. The Respondents are required to obtain permits for all remodeling done on the premises. It was brought to the attention that Mrs. Yerzy and Mr. Cole are part of the same homeowner's association of the Mance's. Attorney Bridgman indicated there would be no conflict if no gain was realized and also if the vote was on this issue alone and not on any knowledge either Board member may have on other issues outside the Code meeting. Frederic Mance, 9 Bentwater Circle, pled no contest. He advised the residence was purchased in March and they are trying to get permits. The Building Department had tied a previous addition on the home to the window permit the Respondents were attempting to get. Mr. Mance was asking for an extension of ninety days to get all the paperwork in order. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Frederic and Michelle Mance 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 May 21, 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 May 21, 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. Borelli seconded the motion that unanimously passed. Case No. 12 -2330 Felix Jimenez & Isabel Miguel Location: 404 NE 20 Avenue Violation(s). CH10 SEC 10 -56 (A) (B) (D) Remove or repair fence. Remove all trash and debris from the yard areas and clean up outdoor storage. Skip Lewis, Senior Code Compliance Officer, presented the details of the case and advised Mr Jimenez may need an interpreter. 3 Meeting Minutes Code Compliance Board Boynton Beach, FL February 20, 2013 Felix Jimenez, 404 NE 20 Avenue. Mr. Garcia conveyed the issues as explained by Officer Lewis to Mr. Jimenez. Mr. Jimenez explained that some of the issues were complied and he was working on completing the remaining issues. Fifteen days was agreeable for him to remedy the remaining issues. Motion Based on the testimony and evidence presented in the aforementioned case, Mrs. Yerzy moved that this Board find that Felix Jimenez and Isabel Miguel 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 March 7, 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 $50 per day for each day the violations continue past March 7, 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 -1725 Patrick Ceme & Marie Touissant Property Address: 1900 NE 2 Lane Violation(s): CO CH14 SEC. 14 -3 Oversized vehicles are not permitted to be parked in residential zoning district. Vestiguerne Pierre, Senior Code Enforcement Officer, presented the case as contained in the notice of violation. Marie Touissant, 1900 NE 2 Lane, pled no contest. She advised she was trying to either sell the vehicle or save money to ship the vehicle to Haiti to help her family. She requested a June or July timeframe. Officer Pierre indicated this had been ongoing since September. Mr. Cole suggested moving it to a storage area which should be fairly inexpensive. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Patrick Ceme and Marie Touissant 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 March 7, 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 March 7, 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 4 Meeting Minutes Code Compliance Board Boynton Beach, FL February 20, 2013 arrange for re- inspection of the property to verify compliance with this Order. Mrs. Yerzy seconded the motion that unanimously passed. Case No. 12 -2349 Gilmer & Marianela Diaz Property Address: 2851 N. Seacrest Blvd. Violation(s): CO CH10 SEC 10 -56 (A) Repair driveway. Officer Pierre presented the case as contained in the notice of violation. Marianela Diaz, 2851 N. Seacrest Blvd, pled no contest and requested two months as she just returned to work from maternity leave. Motion Based on the testimony and evidence presented in the aforementioned case, Mrs. Yerzy moved that this Board find that Gilmer and Marianela Diaz 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 March 22, 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 March 22, 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 -2381 B.T. & Geneva Wilkins Property Address: 133 NW 6 Avenue Violation(s) CO CH13 SEC 13 -58 Permit required for garage sale. Officer Pierre presented the case as contained in the notice of violation. He advised only two garage sales are allowed in one year and they have had numerous yard sales. Officer Pierre was also requesting a Cease and Desist Order. B.T. and Geneva Wilkins, 133 NW 6 Avenue, pled not guilty. Mr. Wilkins stated he was selling for the Church and was under the understanding that garage sales could be held without a permit as long as the proceeds were for the church. Officer Pierre advised the Code stated the same permit rule for churches and residents. Mrs. Wilkins added that when Officer Pierre approached her residence, he was rude and loud. She was frightened of him and asked him to leave her property. He then summoned the police who arrived with dogs. Chair Costantino advised her she would have to take his demeanor up with his supervisors and that the Board was present to only hear the violation. 5 Meeting Minutes Code Compliance Board Boynton Beach, FL February 20, 2013 Motion Based on testimony and evidence presented in the aforementioned case, Mr. Cole moved that a Cease and Desist Order be issued giving B.T. and Geneva Wilkins until February 27, 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 violation, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that a fine in the amount of $300 per reoccurrence, of the violation thereafter shall be imposed upon the Respondents. The motion was seconded by Mrs. Yerzy and unanimously passed. Case No. 12 -2399 Woodrow Jr. & Mary Carrington Property Address: 201 NW 4 Avenue Violation(s). LDR CH3 ART.IV SEC. 3 (C) (D) Auto repair or body work not allowed in residential zoning district. Remove all unregistered /inoperable vehicles and auto parts from property. Officer Pierre presented the case as contained in the notice of violation. He advised that as of now the Respondent has complied but decided to bring it before the Board to ask for a Cease and Desist Order as it appeared to be a recurring issue. Woodrow Carrington and Mary Carrington, 201 NW 4 Avenue, pled not guilty. Mr. Carrington stated the date he received the compliance letter, he immediately complied so he was confused why he was at this hearing. The pictures shown were taken the same day he received the notice of violation. He had requested the State Statute defining the rules. He understood that if there were a reoccurrence on the property he could be cited and fined, but also stated he must be notified of a reoccurrence. He claimed he never was. He was finding it difficult to understand why he was required to come to a Code Compliance Board hearing, if he was already in compliance which was even stated by the Code Officer. Officer Pierre explained that he sent a letter for an unregistered vehicle at this property. The case complied but it was reoccurring. There were several vehicles and then he witnessed someone painting a vehicle in the garage. He called the owner and it was ceased immediately. Even if he complied, he was told he would be brought to the Board and be issued a Cease and Desist Order. Motion Based on testimony and evidence presented in the aforementioned case, Mr. Cole moved that a Cease and Desist Order be issued giving Woodrow Jr. and Mary Carrington until February 27, 2013 to bring the violations of the City of Boynton Beach 6 Meeting Minutes Code Compliance Board Boynton Beach, FL February 20, 2013 Code sections as cited into compliance. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that a fine in the amount of $500 per reoccurrence, of the violations thereafter shall be imposed upon the Respondents. The motion was seconded by Mr. Borelli and unanimously approved. Case No. 13 -58 Daniel Lushan — Church of God Bread of Life Property Address 617 NE 3 Street Violation(s) LDR CH13 SEC. 13 -16 City approval and Business Tax Receipt required to be issued prior to operating structure as a church. Officer Pierre presented the case as contained in the notice of violation. The structure was currently a warehouse and the desire was to convert it to a church. It was quite an involved process to get the permits as the whole structure has to change He cannot obtain the Business Tax Receipt (license) until the permits are received. Daniel Lushan, 7532 Valencia Drive, Boca Raton, pled no contest. He had requested an inspection of the property and was to inform the City as to what needed to be done. He was unsure the amount of work needing to be done at this point. The permit process began a few weeks ago. Motion Mr. Cole moved to table the aforementioned case to March 20, 2013. Mrs. Yerzy seconded the motion that unanimously passed. Case No. 13 -71 BNW Trading, Inc. — Rainbow City Food Store Property Address: 1919 N. Seacrest Blvd Violation(s) CH10 SEC 10 -56 (A) CH15 SEC15 -120 (D) INC Replace broken windows, repair or replace all broken light fixtures, remove unregistered and /or inoperable vehicle. Outside cooking is not allowed, sod all bare areas, repair the dumpster enclosure and remove grill Officer Pierre presented the case as contained in the notice of violation. Bill Warrayat, 94 Palm Beach Plantation Boulevard, Royal Palm Beach, the owner of the property, pled not guilty. Mr. Warrayat explained that in January, Officer Pierre informed him of a car parked on the side of the building and requested it be removed. 7 Meeting Minutes Code Compliance Board Boynton Beach, FL February 20, 2013 He indicated Officer Pierre was rude to him, his employees and the customers. This was the first time he had any contact with the Officer. When he came into the store, he mentioned only the vehicle. Mr. Warrayat felt it escalated unnecessarily to the Officer taking pictures of other violations. When he received the first letter, it indicated all the violations. He spoke to the Chief about the violations and about Officer Pierre's attitude and he was told he would investigate it and follow up with him. Later that week, he received a second letter and it mentioned the car only. He assumed the Chief handled the matter and the only violation remaining was the vehicle, even though the vehicle had been removed a few days prior. The third letter was received at the end of the month. Chair Costantino brought it to the attention of Mr. Warrayat, that these are separate cases with two different case numbers. The letters were not for the same violation. Mr. Warrayat reiterated that numerous violations had been taken care of before he received the third letter. He did not call Officer Pierre to inform him some things were taken care of, but Officer Pierre did a re- inspection just before he received the third letter. Officer Pierre indicated he went on the property and re- inspected and found the dumpster enclosure and the vehicle were taken care of. All the other violations still exist as well as they were seen cooking outside. He also confirmed the case number dealing with the vehicle was closed. There was brief discussion on the amount of time needed to comply each violation and whether permits were needed from the City. Mr. Warrayat also addressed the grass issue where the sod violation exists. He explained there was no irrigation at that point. He inquired whether he could replace it with asphalt or concrete. Chair Costantino suggested he address that issue with the Building Department as that would be a change in the site plan. He requested 90 days to comply with all the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that BNW Trading, Inc. is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before April 6, 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 $250 per day for each day the violation continues past April 6, 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. Mrs. Yerzy seconded the motion that unanimously passed. 8 Meeting Minutes Code Compliance Board Boynton Beach, FL February 20, 2013 Motion Based on testimony and evidence presented in the aforementioned case, Mr. Cole moved that a Cease and Desist Order be issued giving BNW Trading, Inc. until February 27, 2013 to bring the violations of the City of Boynton Beach Code sections as cited, into compliance. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that a fine in the amount of $300 per reoccurrence, of the violations thereafter shall be imposed upon the Respondents. The motion was seconded by Mrs. Yerzy and unanimously approved. (This Cease and Desist Order is for the cooking on premises). Case No. 12 -636 Ralph Lowe Property Address: 1619 NE 3 Street Violation(s) CH10 SEC 10 -56 (A) (B) (D) Permit is required for enclosure and windows. Repair shutters, scrape and paint outside walls and sod bare areas of lawn. Officer Lewis presented the case as contained in the notice of violation. Ralph Lowe, explained the reason he had not taken care of the violations to date was due to economic issues. He indicated his situation has improved and he has an engineer working on the enclosure. He went to the Building Department to file a permit for the windows. He requested a little more time so he could complete all the items. Officer Lewis suggested tabling the case for thirty days until the permits are received. Motion Mr. Cole moved to table the aforementioned case to March 20, 2013. Mrs. Yerzy seconded the motion that unanimously passed. Case No. 10 -2191 Countrywide Home Loans 206 NE 12th 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 September 15, 2010 and no one appeared. The compliance date was set for September 25, 2010 or incur a fine of $150 per day. The case complied on January 24, 2012 for a total of 485 days. All requirements for lien reduction had been met. Ms. Springer advised the current property owner contacted her about a month ago and indicated they never were aware until two days before closing when the title company did the final search and found two liens. She was told that if he pulled out of the deal, he would lose the deposit. Rather than lose the $6,000 deposit, she purchased the property with the liens on it, not 9 Meeting Minutes Code Compliance Board Boynton Beach, FL February 20, 2013 realizing how large the liens were. The property was brought into compliance by the Bank before the current owner purchased it. The Certificate of Title from the Bank was on September 28, 2011 and the Bank was in compliance on January 24, 2012. The property owners have taken this property which was an absolute mess and made it beautiful. Jude Altidor, 206 NE 12 Avenue, was the owner of the property. She advised she bought the house with the liens and was trying to take care of everything. She now needed to repair the air conditioner. She sold her home in her country when her mom passed away in order to purchase this property. She further advised everything in the house was repaired or replaced. Motion Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent, Countrywide Home Loans, Inc. has complied with all lien reduction procedures set forth in Section 2 -84 through 2 -89 of the City of Boynton Beach Code of Ordinances, Mr. Cole moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of September 15, 2010 to an amount of $634.12, including administrative costs. Mrs. Yerzy seconded the motion that unanimously passed. Case No. 10 -2191 Countrywide Home Loans 206 NE 12th 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 February 16, 2011 and no one appeared. The compliance date was set for February 26, 2011 or incur a fine of $500 per day. The case complied on January 24, 2012 for a total of 331 days. All requirements for lien reduction had been met The above case explanation applies to this case, as well. Judas Altidor, 206 NE 12 Avenue, was the owner of the property In response to a question from Chair Costantino, Ms. Altidor advised she purchased the property on April 27, 2012 Motion Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent, Countrywide Home Loans, Inc. has complied with all lien reduction procedures set forth in Section 2 -84 through 2 -89 of the City of Boynton Beach Code of Ordinances, Mrs. Yerzy moved that this Board rescind the fines instituted in the aforementioned case by virtue of this Board's Order of February 16, 2011, and the lien imposed by this order be released. Mr. Cole seconded the motion that unanimously passed. 10 Meeting Minutes Code Compliance Board Boynton Beach, FL February 20, 2013 Case No. 12 -2344 Sue B. Samona Tr Property Address: 1308 Piazza Delle Pallottole 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 March 2, 2013. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Sue B. Samona Tr 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 March 2, 2013. The Board has considered the gravity of the violation, the action taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past March 2, 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. Mrs. Yerzy seconded the motion that unanimously passed. Case No. 12 -2464 Ricardo Hickel Property Address: 1033 Fosters Mill Road 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 March 2, 2013. Motion Based on the testimony and evidence presented in the aforementioned case, Mrs. Yerzy moved that this Board find that Ricardo Rickel 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 March 2, 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 $50 per day for each day the violation continues past March 2, 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. 11 Meeting Minutes Code Compliance Board Boynton Beach, FL February 20, 2013 Case No. 12 -2469 Sandra Dodge Property Address. 227 SW 7 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 March 2, 2013. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Sandra Dodge 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 March 2, 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 $50 per day for each day the violation continues past March 2, 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 Mrs. Yerzy seconded the motion that unanimously passed. Case No. 12 -2474 Frederick & Loraine Chalmers Property Address: 45 Country Lake Circle 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 March 2, 2013. Motion Based on the testimony and evidence presented in the aforementioned case, Mrs Yerzy moved that this Board find that Frederick and Loraine Chalmers 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 March 2, 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 March 2, 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. 12 Meeting Minutes Code Compliance Board Boynton Beach, FL February 20, 2013 Case No. 12 -1689 Esther & John P. Navin Property Address: 2 Renaissance Way, Unit 102 Violation(s): CO CH13 SEC 13 -16 Business Tax Receipt required. Officer Pierre requested the case be tabled for thirty days. Motion Mrs Yerzy moved the aforementioned case be tabled to March 20, 2013. Mr. Cole seconded the motion that unanimously passed. Case No. 12 -2143 Dianne Tammany & Betty Tator Property Address: 2 Renaissance Way, Unit 102 Violation(s) CO CH13 SEC 13 -16 CO CH10 SEC 10 -56 (A) (E) (H) Business Tax Receipt required. Exterminate infestation of bed bugs from property. Officer Pierre requested the case be tabled for thirty days. Motion Mr Cole moved the aforementioned case be tabled to March 20, 2013. Mrs. Yerzy seconded the motion that unanimously passed. Case No. 12 -2379 Jennifer Bates Property Address 903 SW 27 Terrace Violation(s)• CO CH13 SEC 13 -16 Business Tax Receipt required. Officer Guillaume presented the case as contained in the notice of violation. The City recommended 10 days to March 2, 2013. Motion Based on the testimony and evidence presented in the aforementioned case, Mrs. 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 March 2, 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 March 2, 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 13 Meeting Minutes Code Compliance Board Boynton Beach, FL February 20, 2013 the property to verify compliance with this Order. Mr. Cole seconded the motion that passed unanimously. Case No. 12 -2396 Beata & Scott Galloway Property Address. 808 Belmont Place Violation(s) CO CH13 SEC 13 -16 Property must have a Business Tax Receipt. Officer Guillaume requested the case be tabled to March 20, 2013. Motion Mr. Cole moved the aforementioned case be tabled to March 20, 2013. Mrs Yerzy seconded the motion that unanimously passed. Case No. 13 -74 U.S. Bank NA TR Property Address: 3112 SW 1 Place Violation(s): CO CH10 SEC 10 -51.5 INC. Please register property. Repair or replace fence, secure all doors and windows, replace all broken windows and maintain pool in a sanitary condition Motion Based on the testimony and evidence presented in the aforementioned case, Mrs. Yerzy moved that this Board find that U.S. Bank NA TR is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before March 2, 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 March 2, 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. 13 -81 Zhi Rue Chen Property Address 117 SE 22 Avenue Violation(s) CO CH13 SEC 13 -16 CO CH 15 SEC 15 -120 (D) (1) BBA FBC 2010 ED 105.1 Please obtain Business Tax Receipt. A permit is required to convert a single family home into 14 Meeting Minutes Code Compliance Board Boynton Beach, FL February 20, 2013 a duplex unit. Remove outside storage in rear and repair or replace roof. Officer Guillaume presented the case as contained in the notice of violation. The City recommended 10 days for a compliance date of March 2, 2013. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Zhi Rue Chen 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 March 2, 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 $1,000 per day for each day the violations continue past March 2, 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. Mrs. Yerzy seconded the motion that unanimously passed. Case No. 12 -2072 JP Morgan Chase Bank National Assoc Property Address 401 NE 14 Avenue Violation(s). CO CH10 SEC 10 -51 -5 INC Property must be registered. Maintain property per City regulations. Officer Lewis presented the case as contained in the notice of violation The City recommended 10 days for a compliance date of March 2, 2013. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that JP Morgan Chase Bank National Assoc 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 March 2, 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 March 2, 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. Mrs. Yerzy seconded the motion that unanimously passed. 15 Meeting Minutes Code Compliance Board Boynton Beach, FL February 20, 2013 Case No. 12 -2161 Banyan Development Property Address. 1600 N. Federal Highway Violation(s): CO CH10 SEC 10 -56 (B) Fill in potholes in the parking areas, remove all overgrown Florida holly trees and cut back overgrowth on the perimeter of the property, remove all trash and debris, maintain dumpster areas free of bulk and loose items and remove all unpermitted feather banners and signs. Officer Lewis presented the case as contained in the notice of violation. The City recommended 15 days for a compliance date of March 7, 2013. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Banyan Development 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 March 7, 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 March 7, 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. Mrs. Yerzy seconded the motion that unanimously passed. Case No. 12 -2393 Marie Gedeon Property Address: 1525 NE 2 Court Violation (s) CO CH10 SEC 10 -56 (B) CO CH10 SEC 10 -52 Remove inoperable or unregistered vehicle from the property. Remove outdoor storage from the front to the property /building. Officer Lewis presented the case as contained in the notice of violation. The City recommended 15 days for a compliance date of March 7, 2013 Motion Based on the testimony and evidence presented in the aforementioned case, Mrs Yerzy moved that this Board find that Marie Gedeon 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 March 7, 2013. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the 16 • Meeting Minutes Code Compliance Board Boynton Beach, FL February 20, 2013 Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $250 per day for each day the violations continue past March 7, 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 -2345 Salvatore Zambito Property Address: 2671 NW 1 Street Violation(s) CO CH13 SEC 13 -16 Business Tax Receipt required. Officer Pierre presented the case as contained in the notice of violation. The City recommended 10 days for a compliance date of March 2, 2013. Motion Based on the testimony and evidence presented in the aforementioned case, Mrs. Yerzy moved that this Board find that Savatore Zambito is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violations on or before March 2, 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 March 2, 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 -2380 Frederic Moreau & Marie Gladice Pompe Property Address: 512 NW 9 Avenue Violation(s)• CO CH10 SEC 10 -56 (D) Please secure building to prevent unauthorized individuals from entry. Officer Pierre presented the case as contained in the notice of violation The City recommended 10 days for a compliance date of March 2, 2013. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Frederic Moreau and Marie Gladice Pompe 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 March 2, 2013 The Board has considered the gravity of the violation, the actions taken by the Respondents and any 17 Meeting Minutes Code Compliance Board Boynton Beach, FL February 20, 2013 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 March 2, 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. Mrs. Yerzy seconded the motion that unanimously passed. Case No. 13 -40 Dalland Properties LP Property Address. 233 NW 5 Court Violation(s)• CO CH10 SEC 10 -56 (A) CO CH13 SEC 13 -16 Business Tax Receipt required. Fix driveway. Officer Pierre presented the case as contained in the notice of violation. The City recommended 10 days for a compliance date of March 2, 2013. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Dalland Properties 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 March 2, 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 $1,000 per day for each day the violations continue past March 2, 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. Mrs Yerzy seconded the motion that unanimously passed. Case No. 12 -1892 Mark Valverde Property Address: 1690 Renaissance Commons Blvd #1527 Violation(s) CO CH13 SEC 13 -16 Business Tax Receipt required. Pete Roy, Chief Code Rehabilitation Officer, presented the case as contained in the notice of violation. The City recommended 30 days for a compliance date of March 22, 2013 Motion Based on the testimony and evidence presented in the aforementioned case, Mrs. Yerzy moved that this Board find that Mark Valverde 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 March 22, 2013. The Board has considered the gravity of the violation, the 18 Meeting Minutes Code Compliance Board Boynton Beach, FL February 20, 2013 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 March 22, 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 -2337 Guss Irrevocable Gift Tr. Property Address. 3 Renaissance Way #305 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 March 22, 2013. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Guss Irrevocable Gift Tr. 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 March 22, 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 March 22, 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. Mrs. Yerzy seconded the motion that unanimously passed. Case No. 12 -2340 Linda Boxer Property Address: 3 Renaissance Way #311 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 March 22, 2013. Motion Based on the testimony and evidence presented in the aforementioned case, Mrs. Yerzy moved that this Board find that Linda Boxer 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 March 22, 2013. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and 19 Meeting Minutes Code Compliance Board Boynton Beach, FL February 20, 2013 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 March 22, 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 -2460 Marie G. Antilus, Frantzso Harirte & Frantz & Marie Thelismon Property Address 318 SW 7 Avenue Violation(s). CO CH10 SEC 10 -56 (A) (B) CO CH15 SEC 15 -120 (D) INC Remove all inoperable and unregistered vehicles 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 March 2, 2013 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Marie G. Antilus, Frantzso Harirte & Frantz and Marie Thelismon 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 March 2, 2013. The Board has considered the gravity of the violation, the actions taken by the Respondent 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 $300 per day for each day the violations continue past March 2, 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. Mrs. Yerzy seconded the motion that unanimously passed. Officer Roy recommended the following ten cases, be certified as "No Fine ". Case No. 12 -1834 Dupree Smith 2604 NE 3 Street Case No. 12 -271 Graceworks LLC 1203 Knuth Road Case No. 12 -1563 SMI Investment Group 1 Renaissance Way #403 Case No. 12 -1601 Bernardo Fontana 243 SE 24 Avenue Case No: 12 -2105 Bank of new York, Inc. 1175 SW 27 Place Case No: 12 -1496 Robert & Lillian Karp 1 Renaissance Commons Case No: 11 -3385 Charles Roberts 130 NE 3 Avenue Case No: 12 -2327 Michael G. Holeman 3275 Grove Road Case No: 12 -1919 Mamie Harvard Estate 2540 NW 2 "d Street Case No: 12 -2306 Ellington Beckles Est. 310 NW 16 Court 20 Meeting Minutes Code Compliance Board Boynton Beach, FL February 20, 2013 Motion Based on testimony and evidence presented in the aforementioned cases, Mr. Cole 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." Mrs. Yerzy seconded the motion that unanimously passed. Officer Roy recommended the following cases be tabled to March 20, 2013: Case No. 12 -2246 Millicent Forbes 715 Mission Hill Rd Case No. 12 -1210 Dan Dangelo 1160 Renaissance Commons Blvd #2316 Case No. 12 -1633 James Dangelo 1690Renaissance Commons David Haupt Blvd #1121 Motion Mrs Yerzy moved to table the aforementioned case to March 20, 2013 The motion was seconded by Mr. Cole and unanimously passed. Officer Roy recommended the following cases be tabled to April 17, 2013: Case No. 11 -1968 Ocean Properties LLS 1510 SW 8 Street Case No. 12 -2285 Danie Jackson 38 S. Palm Drive Motion Mr. Cole moved to table the aforementioned case to April 17, 2013. The motion was seconded by Mrs. Yerzy and unanimously passed. Officer Roy recommended the following case closed: Case No. 12 -1605 US Bank National Assoc TR 1498 NW 1 Street Motion Mrs Yerzy moved to close the aforementioned case. The motion was seconded by Mr. Cole and unanimously passed. Officer Roy 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 21 Meeting Minutes Code Compliance Board Boynton Beach, FL February 20, 2013 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 sixteen 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 -1953 ($250) Jennifer Bates 903 SW 27 Terrace Case No. 12 -1212 ($100) Big Sky RE Invest 1600 Renaissance Commons Case No. 12 -1297 ($500) Shawn Maesel 1600 Renaissance Commons Case No. 12 -1309 ($100) Jeffrey & Susan Skatoff 1600 Renaissance Commons Case No. 12 -1639 ($100) Gary Olson 1600 Renaissance Commons Case No. 12 -2139 ($500) M &T Bank 1023 NW 6 Avenue Case No. 12 -2102 ($100) Delphine Hamon 2130 N. Seacrest Blvd Case No. 12 -2212 ($150) Maria Belman 410 NE 26 Avenue Case No. 12 -2241 ($200) Gregory Brown 213 NE 9th Avenue Case No. 12 -2025 ($150) Bank of New York 512 NW 9 Avenue Case No. 12 -2080 ($100) Dalland Properties 520 NW 13 Avenue Case No. 12 -1809 ($100) SunTrust Mortgage 1600 Renaissance Commons Case No. 12 -2021 ($250) GMAC Mortgage 320 SW 5 Avenue Case No. 12 -2145 ($150) St. Charles & Wisline Mercie 301 SW 5 Lane Case No. 12 -2149 ($250) Deutsche Bank 319 SW 9 Avenue Case No. 12 -2248 ($200) Wells Fargo Bank 415 SW 7 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, Mrs. Yerzy moved that the fines be certified in the Cases as requested by the Code Officer. Mr. Cole seconded the motion that unanimously passed. Officer Roy requested the following case be certified on a Cease and Desist at $500 per occurrence for two occurrences. Case No. 12 -2102 Delphine Hamon 2130 N. Seacrest Blvd. Motion Mrs. Yerzy moved to certify the above case at $500 per occurrence for two occurrences The motion was seconded by Mr. Cole and unanimously passed. 22 Meeting Minutes Code Compliance Board Boynton Beach, FL February 20, 2013 I. Adjournment Motion There being no further business to discuss, Mr. Cole moved to adjourn. Mrs. Yerzy seconded the motion that unanimously passed. The meeting was adjourned at 8:35 p.m. 1 a Ellie Caruso Recording Secretary 23