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Minutes 03-20-13 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, MARCH 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 Robert Foot, 1 st Vice Chair Diane Springer, Code Compliance Coordinator Gary Cole, 2nd Vice Chair Alan Borrelli Kathleen Carroll ABSENT: Rose Marie Yerzy ® Call to Order Chair Costantino called the meeting to order at 6:30 p.m. and introduced new Code Officer, Wendy Pacheco. Ms. Pacheco lived in Charlotte County on the west coast of Florida and worked there for 15 years. Her husband transferred to the east coast and she was happy with the relocation. She fit right in with the team. II. Approval of Agenda Skip Lewis, Senior Code Compliance Officer, announced the following: The violations in Case Nos: 2 -2143, 12 -1724, 12 -2396, 13 -235, 13-84,13-126, 13 -178, 13 -193, 13 -222 were cured. Case No. 13 -11 was requested to be tabled to April 17, 2013. Motion Mr. Cole moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on April 17, 2013. Ms. Carroll seconded the motion that unanimously passed. Case No. 12 -1915 was requested to be tabled to April 17, 2013. 1 Meeting Minutes Code Compliance Board Boynton Beach, FL Ma 20, 2013 Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on April 17, 2013. Mr. Cole seconded the motion that unanimously passed. Case No. 13 -72 was requested to be tabled to April 17, 2013. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on April 17, 2013. Mr. Cole seconded the motion that unanimously passed Case No.'s: 13 -128, 13 -51, and 13 -93 were removed. Case No. 13 -192 was requested to be tabled to April 17, 2013. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on April 17, 2013. Mr. Cole seconded the motion that unanimously passed. Chair Costantino wanted to add a discussion on Lien Reductions to the end of the agenda. Motion Vice Chair Foot moved to approve the agenda as amended. Ms. Carroll seconded the motion that unanimously passed. III. Swearing in of Witnesses and Introduction Attorney Bridgeman explained the hearing procedures and administered an oath to all who intended to testify. IV. New Business Officer Lewis called the role and determined who was present. Chair Costantino requested hearing pages 34 and 35 first. Motion Ms. Carroll so moved. Vice Chair Foot seconded the motion that unanimously passed. 2 Meeting Minutes Code Compliance Board Boynton Beach, FL March 20, 2013 Case No. 13 -56 Joseph Charmantine Property Address: 406 NW 3rd Street Violation(s): CO CH10 SEC 10 -56(A) Repair driveway. Vestiguerne Pierre, Senior Code Compliance Officer, presented the above referenced case. He commented the Respondent was present. Maria Palacius, Counsel for SunTrust Bank, was present, and indicated the property was in foreclosure. She requested the case be tabled for 90 days. Officer Pierre recommended tabling the case for 60 days because of the foreclosure. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on May 15, 2013. Mr. Cole seconded the motion that unanimously passed. Case No. 13 -100 JP Morgan Chase Bank National Assoc. Property Address: 1498 NW 1st Street Violation(s): CO CH10 SEC 10 -51.5 Inc Property that is vacant or subject to default must be registered and maintained per City Code. Register property. Repair fence, remove trash and debris, mow and trim swale area. Officer Pierre presented the above referenced case. He commented the Respondent was present. Brandon Loshak, Counsel for JP Morgan Chase, pled no contest. He requested 90 days and explained the property was in foreclosure. The Bank was aware of the situation and the property was sent to their property preservation group. Since they did not obtain the title, they wanted to verify the property was vacant. Chair Costantino felt 90 days was too long and expressed concern 90 days would be in the middle of hurricane season. She suggested addressing the violations separately. Officer Pierre testified he was at the property yesterday and it was vacant. The Bank was notified of the matter in mid - February. The team was in process of conducting its due diligence and requested a little more time. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that JP Morgan Chase National Association is in 3 Meeting Minutes Code Compliance Board Boynton Beach, FL March 20, 2013 violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before April 19, 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 April 19, 2013, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Vice Chair Foot requested the fine be increased to $250 per day. Ms. Carroll agreed to amend her motion. Vice Chair Foot seconded the motion that unanimously passed. Case No. 12 -2119 Lewis & Cerise Meyers Property Address: 521 Industrial Avenue Violation(s): BBA FBC 2010 ED. 105.1 CO CH13 SEC 13 -16 Obtain permit for wall installed, and electrical per Red Tag. Business Tax Receipt needed to rent unit. Pete Roy, Chief Code and Rehabilitation Officer, presented the case as noted above, which arose from a department referral. The property is a commercial property. Written notice was sent on October 25, 2012, allowing 10 days to correct the violations. Notice was sent certified mail on January 8, 2013, and signed on January 10, 2013. They applied for a permit but it was rejected. Lewis Meyers, the property owner, pled guilty. He commented he had submitted plans at least a dozen times and has been trying to obtain the Business Tax Receipt for a year.The plans keep coming back and he forwards them to the architect and they have been shuttled back and forth. Mr. Meyers owns the property. He purchased it in February of 2012 and did not rent it out. It was clarified the violation was to obtain a Business Tax Receipt, but a permit was needed. Officer Roy did not think 30 days would be sufficient and recommended 60 days. The Respondent has a machine design business. Chair Costantino thought 30 days was appropriate because the Respondent was operating a business. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Lewis & Cerise Meyers 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 April 19, 2013. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the 4 Meeting Minutes Code Compliance Board Boynton Beach, FL March 20, 2013 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 April 19, 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. Foot seconded the motion that unanimously passed. Case No. 13 -67 Clarence & Judith Safford Property Address: 1408 SW 17th Avenue Violation(s): BBA FBC 2010 ED. 105.1 Permit required for screen porch enclosure and storm panels as contained in Red Tag. Luney Guillaume, Code Compliance Officer, presented the case as noted above. A representative for the Respondent was present. Derle Bailey, 2600 Country Lake Trail, Boynton Beach, was authorized to speak on the Respondents' behalf and provided a copy of the authorization to staff. Mr. Bailey pled no contest and requested 60 days. Chair Costantino questioned the date of the Red Tag in the narrative and it was clarified the date should have been November 6, 2012. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Clarence & Judith Safford 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 19, 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 May 19, 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. 13 -13 Federal National Mortgage Assoc. Property Address: 652 Oak Street Violation(s): BBA FBC 2010 ED. 105.1 Permit required for new roof and window installation and any other required by the Building Department. 5 Meeting Minutes Code Compliance Board Boynton Beach, FL March 20, 2013 Officer Lewis presented the case as contained in the notice of violation. The only outstanding violation was a permit for the windows. A representative from Nautica Realty was present. Cindy Mitchell, 1200 S. Federal Highway, Suite 307, Boynton Beach, was present on behalf of the Bank and pled no contest. She requested 60 days. The property was under contract. They replaced the roof, performed electrical work and the home would be renovated by the new buyer. Closing was scheduled for April 4, 2013. The buyer agreed to take care of the windows permit and Ms. Mitchell noted the windows were installed by the prior owner. Officer Lewis did not see any safety issues, but commented the dwelling had been a mess. The neighbors complained and the owner vacated the property. As soon as they learned of the violations, they addressed them. The delay was due to product approval of the windows. Mr. Cole was concerned the windows may not pass. Ms. Mitchell explained seven windows were replaced and the rest were jalousie windows. The buyer wanted all new windows and wanted them to be the same style. The contract was a cash contract and the buyer intended to address the windows and make other renovations to the property. It was senseless for the Bank to obtain a permit for seven windows, knowing the buyer would be replacing all of them. The members discussed tabling the case for 30 days to have the buyer provide something in writing to the Board. Ms. Mitchell explained the buyer was willing to sign a hold harmless, but was unsure if there were any fines accrued on the property. The owner wanted something in writing to ensure he would not address the windows and then incur accrued fees. He was willing to address the windows within 60 days. Further discussion ensued a deadline would run with the property. Officer Lewis suggested moving the case forward. If the property sold, it would be a new case with the new owner. The buyer, by law, had to be made aware of the violations. The property looks good and the windows were already installed. The home was secure and well kept. Rather than re- citing the case, he suggested giving the benefit of doubt. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Federal National Mortgage Assoc. 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 May 19, 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 $200 per day for each day the violation continues past May 19, 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- 6 Meeting Minutes Code Compliance Board Boynton Beach, FL March 20, 2013 inspection of the property to verify compliance with this Order. Vice Chair Foot seconded the motion that unanimously passed. Case No. 13 -82 Daniel P. Navilio Property Address: 762 Rider Road Violation(s): BBA FBC 2010 ED. 105 -1 CO CH15 SEC 15- 120(E) Inc CO CH 10 SEC. 10 -56 (D) Obtain permits for work done on both units including plumbing, electrical, structural, mechanical, alterations, and pool installation. Corrections must be made as noted in Red Tag. Officer Lewis presented the case as contained in the notice of violation. The initial inspection date was January 17, 2013. The property was Red Tagged for the remodelling work done to the units and to repair the dock. Patty Navilio, 2015 Sedgwick, Chicago, Illinois, the Respondent's sister, was authorized to speak on her brother's behalf. Due to her brother's illness, she was working on a loan modification for the property. She pled no contest and indicated she was working with the Building Department to correct the violations. She had blue prints with her and her architect, Andrew Mack, the Chief Building Official, and Karl Swierzko, the Chief Building Inspector, were scheduled to meet the next day to review the plans and ascertain what inspections were needed to correct the violations. Drawings were done for the pool and a misunderstanding arose between her and the architect. As to the interior alterations, the remodel was done several years ago and the violations were not caused by Mr. Navilio. She was trying to resolve the dock issue and was reviewing bids. The windows were fixed. She conveyed Mr. Mack suggested 45 days because the permits could occur soon, but the inspections and approvals could take 45 days. Ms. Navilio hoped to have the dock repaired in 45 days. The work was done to have a bed and breakfast. There was some confusion because the Respondent had a website and it was thought she was operating, but was not. Before the violations were cited, she entered into leases in the fall of last year to seasonally rent the house. She got cited and after the meeting with Mr. Swierzko and Mr. Mack, she agreed to move whomever had a contract to lease the premises and relocate them elsewhere. The house was currently vacant and the violations were posted. They applied for the Business Tax Receipt. The home was occupied up until they were told they could not inhabit the dwelling. Officer Lewis testified for the record that on March 8, 2013, when he posted the property, four individuals came to the door questioning the posting. He explained about the case and was told they rented the unit off the website. He notified the Building 7 Meeting Minutes Code Compliance Board Boynton Beach, FL March 20, 2013 Department. He again visited the premises on March 14, 2013, and there was another group of individuals present who indicated they would get a hotel room, and they too, rented the unit off the website. Photographs were in the file. The home was currently placarded not to be occupied. Officer Lewis pointed out Unit 762 had a case pending. Two apartments were converted to one without permits. The Respondent had previously applied for a bed and breakfast permit, but the work was already done and they opened for business. The last party indicated they paid $1,500 for four nights. When he visited the premises on March 14, 2013, the second case was opened. He advised he would verify the property was vacant the next day. Discussion followed the property was vacant this week. When the notices were posted it was not for individuals inhabiting the premises, it was for building violations and Ms. Navilio thought they were two separate issues. She worked concurrently with the Building Department. She had not spoken with Officer Lewis and did what was requested. She requested an inspection and was seeking to work with all to resolve the matter. As to doing work without a permit, licensed contractors were used and the work was done several years ago. An opening was created between two units. She was a licensed contractor in Chicago and thought the work, from what she could see, had been done in a workmanship -like manner. She volunteered to have someone inspect the house and what occurred several years ago. An inspector would not be able to see the work in progress. This case was just for permits. Occupancy was addressed through the placard, they would be subject to arrest. Officer Lewis had no objections to allowing 45 days to correct the violations. The City only wants to ensure permits for all the work and then individuals could occupy the premises. The work was finished and concealed, which made it difficult. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Foot moved that this Board find that Daniel Navilio 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 May 4, 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 May 4, 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 -83 Daniel P. Navilio Property Address: 764 Rider Road Violation(s): BBA FBC 2010 Ed. 105.1 8 Meeting Minutes Code Compliance Board Boynton Beach, FL March 20, 2013 CO CH10 SEC. 10 -56(D) CO CH15 SEC. 15- 120(D) Inc Secure all required permits for work done to both units to include plumbing, electrical, structural, mechanical, alterations, and pool installation. Repair broken windows and deteriorated dock. Corrections must be made as noted in Red Tag. Officer Lewis presented the case as contained in the notice of violation. It was basically the same as the previous case. Patty Navilio, 2015 Sedgwick, Chicago, Illinois, pled no contest and requested 45 days. She had no other testimony. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Foot moved that this Board find that Daniel Navilio 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 May 4, 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 May 4, 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 -1980 Dalan Enterprise Inc. 3547 High Ridge Rd. HD Aero Support Courtney Cain, Senior Code Compliance Officer, presented the case. The notice of violation was sent October 5, 2012, regarding a permit for rack shelving and body wall. The hearing was held December 10, 2012, and no one appeared. The compliance date and fine set by the Board was to comply by February 17, 2013 or incur a fine of $50 per day. The violations still exist. Saar Dgani, 3547 High Ridge Road, Boynton Beach, the owner was present and explained they filed for rack permits. They had previously filed for all the permits, but when they filed for the rack system, it was denied because of the sprinkler issue. They obtained an architect and engineer. The shelves were 18 -feet high and there was a sprinkler system inside the shelving. The estimates were cost prohibitive and a different solution was needed. The wall opening was repaired and inspected. His subcontractor was present to testify. 9 Meeting Minutes Code Compliance Board Boynton Beach, FL March 20, 2013 Oliver Windbank, 8813 Sandycrest Lane, Boynton Beach, explained they were not allowed to pull one permit for the racks and opening in the wall. They pulled a permit for the fire wall in October, and in November it was approved. Officer Cain testified the fire wall was corrected. Only the rack system and sprinklers needed to be addressed. He explained there is an existing sprinkler system in the building and he thought it covered the racks, but it did not. They would have to drop sprinklers into the rack wall and needed to hire an engineer. It took a month. The Respondent was present in December and received an extra 60 days. The estimate was for $25,000 and they ran out of time. They were looking at other bids or other solutions. Currently, the Respondent did not have the funds to correct the violation. After brief discussion about the case, a decision was made to table the case to monitor the situation. Motion Mr. Cole moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on April 17, 2013. Vice Chair Foot seconded the motion that unanimously passed. Case No. 12 -2283 Lake Success Rentals LLC 121 SW 7th Avenue Officer Roy explained the Respondent was a late arrival. Attorney Bridgeman administered an oath to him. Officer Roy presented the case. The notice of violation was November 16, 2012, for violations pertaining to a Business Tax Receipt. The case was heard on January 16, 2013, and no one appeared. The compliance date and fine set by the Board was January 26, 2013, or a fine of $300 per day would be imposed. The violations still exist. Leonardo Farias, 2909 Discovery Circle E., Deerfield Beach, was the property manager. He was authorized to testify on behalf of Lake Success Rentals, LLC and stated they applied for the Business Tax Receipt and called for an inspection, but there was a problem. They had failed some inspections and at other times, no one was available to allow the home to be inspected. The dwelling was still occupied and rent was being collected. They were trying to request an extension and reschedule the inspection. The tenant was rude to individuals trying to correct the violations. They sent several notices to the tenant, but the inspector did not gain access. Mr. Farias commented they addressed all the violations and planned to post a notice and obtain keys since they have the authority to give 24 hours notice before entering the premises. They applied for the Business Tax Receipt and permits and he requested a one -week extension. Discussion followed about tabling the matter or certifying the fine. 10 Meeting Minutes Code Compliance Board Boynton Beach, FL March 20, 2013 Motion Mr. Foot moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on April 17, 2013. The motion died for lack of a second. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that the Respondent has not complied with this Board's Order dated January 16, 2013, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $300 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. The motion died for lack of a second. After further discussion, the members agreed to the above fine and compliance date. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that the Respondent has not complied with this Board's Order dated January 16, 2013, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $300 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion that passed 4 -1, (Vice Chair Foot dissenting.) Case No. 12 -1689 Esther & John P. Navin Property Address: 2 Renaissance Way #102 Violation(s): CO CH13 SEC 13 -16 Business Tax Receipt needed to rent unit. Officer Cain advised this case complied. Motion Vice Chair Foot moved to amend the agenda to remove the case. Mr. Cale seconded the motion that unanimously passed. Case No. 13 -58 Daniel Lushan - Church of God Bread of Life Property Address: 807 Meadows Circle Violation(s): CO CH13 SEC 13 -16 CO CH10 SEC 10- 56(A), (E) and (H) 11 Meeting Minutes Code Compliance Board Boynton Beach, FL March 20, 2013 Business Tax Receipt needed to rent residence. Exterminate Bed Bug infestation from property. Officer Pierre advised this case complied. Motion Ms Carroll. moved to amend the agenda to remove the case. Mr. Cole seconded the motion that unanimously passed Case No. 13 -186 BAC Home Loans Servicing LP Property Address: 3770 Newport Avenue Violation(s): CO CH15 SEC 15- 120(D) Inc Mow overgrown front and rear yard. Remove all trash and debris from property. Officer Cain presented the case and recommended 10 days be given for compliance. 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 section cited and moved to Order that the Respondent correct the violation on or before March 30, 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 30, 2013, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Vice Chair Foot seconded the motion that passed 4 -1 (Ms. Carroll dissenting.) Case No. 13 -59 Bank of New York Trust Property Address: 1175 SW 27th Place Violation(s): CO CH10 SEC 10 -51.5 Inc Property that is vacant or subject to current notice of default must be registered and maintained per City Code. Register property, remove trash, secure pool and maintain swimming pool in a sanitary condition. Officer Guillaume presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violation. The swimming pool was unsecured. 12 Meeting Minutes Code Compliance Board Boynton Beach, FL March 20, 2013 Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Foot moved that this Board find that Bank of New York Trust is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before March 30, 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 $1,000 per day for each day the violation continues past March 30, 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. 13 -146 George Showak Property Address: 140 SE 9th Avenue Violation(s): CO CH15 SEC 15- 120(D) Inc CO CH 10 SEC 10- 56(A), (B) and (D) Remove all trash and debris, inoperable vehicles, outside storage and repair broken windows, doors and screening. Officer Guillaume presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that George Showak 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 30, 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 violations continue past March 30, 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. It was noted there was only one vehicle at the premises. The motion unanimously passed. Case No. 13 -161 Bertha Elmond Property Address: 2915 SE 2nd Street Violation(s): CO CH10 SEC 10- 56(A), (B) and (E) Remove outside storage and bees in the wall. Mow overgrown yard, repair bathroom floor, 13 Meeting Minutes Code Compliance Board Boynton Beach, FL March 2 2013 replace oven, and kitchen cabinet, replace missing screens and install smoke detectors in each bedroom. Business Tax Receipt needed to rent residence. Officer Guillaume presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Bertha Elmond 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 30, 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 30, 2013, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Vice Chair Foot seconded the motion that unanimously passed. Case No. 13 -189 Shawn Maesel Property Address: 405 S 21 st Street Violation(s): CO CH15 SEC 15- 120(SD) Inc CO CH 13 SEC 13 -16 CO CH 20 SEC 20 -6 Remove inoperable, unregistered vehicles and boat trailers. Put boat trailers on a hard surface. Business Tax Receipt needed to rent residence. Officer Guillaume presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violation. The only violation remaining was the Business Tax Receipt, which was a repeat violation. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Foot moved that this Board find that Shawn Maesel 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 30, 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 March 30, 14 Meeting Minutes Code Compliance Board Boynton Beach, FL March 20, 2013 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, Mr. Cole moved that this Board find that Shawn Maesel 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 30, 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 30, 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 4 -1 (Vice Chair Foot dissenting.) Case No. 13 -14 Frank Janots Property Address: 710 NE 7th Street #102 Violation(s): BBA FBC 2010 ED 105.1 Permit required for installation of a concrete patio slab as noted in the Red Tag. Officer Lewis presented the case as contained in the notice of violation. Staff recommended 30 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Frank Janots 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 April 19, 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 April 19, 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 4 -1 (Vice Chair Foot dissenting.) Case No. 13 -68 Inlet Plaza Property Address: 1808 N. Federal Highway Violation(s): 13 -15 BBC Ord. 15 Meeting Minutes Code Compliance Board Boynton Beach, FL March 20, 2013 CO CH 13 SEC 13 -16 Business Tax Receipt required for all business activity in the plaza. Units 1880, 1864, 1872 and 1856 need a Business Tax Receipt. Officer Lewis presented the case as contained in the notice of violation. Staff recommended 30 days be given to correct the violations. The property manager got all of the businesses to obtain their Business Tax Receipt except for the church and unit 1880. The City never got any fees for the units for three or four years. The property manager was attempting to get the businesses approved or evicted. He requested 45 days, but Officer Lewis thought 30 days was appropriate. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Inlet Plaza 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 April 19, 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 April 19, 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 -139 Felix & Victoire Sainfleur Property Address: 2130 NE 2nd Street Violation(s): CO CH15 Sec 15- 120(D) Inc CO CH 10 SEC 10 -56 (B) and (D) Remove inoperable vehicles, trash, tires and debris from the property. Install minimum of four inch house numbers on structure to be visible from City Street. Officer Lewis presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. There was only one vehicle at the premises. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Felix & Victoire Sainfieur 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 30, 2013. The Board has considered the gravity of the 16 Meeting Minutes Code Compliance Board Boynton Beach, FL March 20, 2013 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 $200 per day for each day the violation continues past March 30, 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. 13 -145 Richard and Takeeta Meeks Property Address: 1633 NE 4th Court Violation(s): CO CH 13 SEC 13 -16 Business Tax Receipt required to rent unit. Officer Lewis presented the case as contained in the notice of violation. Staff recommended 10 days to correct the violation. The property is occupied and there was no response from the owner. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Foot moved that this Board find that Richard and Takeeta Meeks 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 30, 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 March 30, 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. 13 -158 ATM Trading Inc. — Kwik Stop Property Address: 524 Gateway Boulevard Violation(s): CO CH15 SEC 15- 120(E) Inc. CO CH10 SEC 10 -56(B) LDR CH3 ART III SEC 4 & ART IV SEC 3.(D) Mow, weed entire property, remove trash and debris and outdoor stored trailer /truck from property. Repair chain link fence. Install approved site plan modification fence to screen grill or remove grill. Cease outdoor cooking until fence has been installed. Officer Lewis presented the case as contained in the notice of violation. All violations were corrected except the trash, debris and overgrown grassy area in the side yard. 17 Meeting Minutes Code Compliance Board Boynton Beach, FL March 20, 2013 The property accumulates a lot of trash because it is situated on Gateway and has an alleyway behind it. It is across from the Crossings development. Officer Lewis felt 10 days to correct the violation was sufficient. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that ATM Trading Inc. — Kwik Stop 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 30, 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 30, 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. 13 -229 Bank of America Property Address: 2910 Ocean Parkway Violation(s): CO CH10 SEC 10 -51.5 Inc Remove dead vegetation from carport, cut overgrown hedges, trees and shrubs. Officer Lewis presented the case as contained in the notice of violation. Staff recommended 10 days to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Foot moved that this Board find that Bank of America 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 30, 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 30, 2013, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Cale seconded the motion that unanimously passed. Case No. 13 -123 Jean R. Alerte Property Address: 2350 N. Seacrest Boulevard Violation(s): CO CH 10 SEC 10 -56(A) Repair driveway. 18 Meeting Minutes Code Compliance Board Boynton Beach, FL March 20, 2013 Officer Pierre presented the case as in the notice of violation. Staff recommended 30 days to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Jean R. Alerte 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 April 19, 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 April 19, 2013, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Vice Chair Foot seconded the motion that unanimously passed. Case No. 13 -200 James G. Ambroise Property Address: 261 NW 28th Avenue Violation(s): CO CH15 SEC 15- 120(D) INC Remove unregistered, inoperable vehicle from property. Repair or replace driveway. Officer Pierre presented the case as contained in the notice of violation. Staff recommended 30 days be given to correct the violations. He noted the vehicles were removed. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that James G. Ambroise 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 April 19, 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 April 19, 2013, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Vice Chair Foot seconded the motion that unanimously passed Case No. 13 -208 William M. & Sharon Ganoe Property Address: 2260 NW 2nd Street Violation(s CO CH15 SEC 15- 120(D) INC Mow yard. 19 Meeting Minutes Code Compliance Board Boynton Beach, FL M arch 20, 2013 Officer Pierre presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. He noted the vehicles were removed. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Foot moved that this Board find that William M. & Sharon Ganoe 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 30, 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 March 30, 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 -2449 Dalan Enterprises, Inc. Property Address: 4 Renaissance Way #109 Violation(s): CO CHI SEC 13 -16 Business Tax Receipt needed to rent residence. Officer Roy presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Dalan Enterprises, Inc. is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before March 30, 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 30, 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 -2452 Kjell Steinar Kjorkleiv Property Address: 4 Renaissance Way #104 Violation(s): CO CH13 SEC 13 -16 Business Tax Receipt needed to rent residence. 20 Meeting Minutes Code Compliance Board Boynton Beach, FL March 20, 2013 Officer Roy presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cale moved that this Board find that Kjell Steinar Kjorkleiv 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 30, 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 30, 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. 13 -26 SI Investment Group LLC Property Address: 4 Renaissance Way #210 Violation(s): CO CH13 SEC 13 -16 Business Tax Receipt needed to rent residence. Officer Roy presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that SMI Investment Group LLC is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before March 30, 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 30, 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. 13 -69 72 LLC Property Address: 121 West Ocean Avenue Violation(s): CO CH10 SEC 10 -56(A) and (B) CO CH15 SEC 15 -120 (D) INC Remove trash and debris and outside storage from property. 21 Meeting Minutes Code Compliance Board Boynton Beach, FL March 20, 2013 Officer Roy presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that 72 LLC 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 30, 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 March 20, 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. Officer Lewis recommended the following cases be certified as No Fine: Case No. 12 -2246 Millicent Forbes 715 Mission Hill Road Case No. 12 -1210 Dan Dangelo 1660 Renaissance Commons Blvd. #2316 Case No. 12 -1633 James Dangelo & David Haupt 1690 Renaissance Commons Blvd. #1121 Case No. 11 -2315 Home Depo USA 1500 SW 8th Street Case No. 12 -2155 Maria Ozuna 1601 NE 4th Street Case No. 12 -2344 Sue B. Samona TR. 1308 Piazza Delle Pallottole Case No. 12 -2464 Ricardo Hickel 1033 Fosters Mill Road Case No. 12 -2258 Citimortgage 1468 SW 25th Place B Case No. 12 -2175 Marie & Rigaud Alsume 1184 SW 27th Place Motion Based on testimony and evidence presented in the aforementioned cases, Vice Chair Foot moved that this Board find that the named Respondents were in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Orders, and in consideration of the gravity of the violations and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents, that this Board impose and certify "No Fine." Ms. Carroll seconded the motion that unanimously passed. Officer Lewis recommended the following case be tabled to April 17, 2013: Case No. 12 -1917 Raymond & Rogina Rizk 1510 SW 8 th Street 22 Meeting Minutes Code Compliance Board Boynton Beach, FL M arch 20, 2013 Motion Ms. Carroll moved to table the aforementioned case to April 17, 2013. The motion was seconded by Mr. Cole and unanimously passed. Officer Lewis recommended the following case be tabled to May 17, 2013: Case No. 12 -1721 Thomas McGraw 118 SE 29th Avenue Motion Ms. Carroll moved to table the aforementioned case to May 17, 2013. The motion was seconded by Mr. Cole and unanimously passed. Officer Lewis read the following verbatim: "The City was requesting that the fines be certified in the following cases. All the violators have been provided Notice of tonight's hearing, with Proof of Notice filed in the record with the board clerk. No one is present this evening for any of the cases I am requesting for certification at this time. All of the cases have been re- inspected and each case remains in non- compliance. The following cases are requested for certification at this time in the amounts established by the Board in the Orders of Violation for each case, as set forth on the docket ": Case No. 2 -2469 Sandra Dodge 227SW7thAvenue $50 Case No. 12 -2379 Jennifer Bates 903 SW 27th Terrace $100 Case No. 12 -2254 Bank of New York Trust 1468 SW 25th PI. D $500 Case No. 12 -2259 John J. Blevins Jr. 1468 SW 25th PI. A $500 Case No. 12 -1740 Alice & John Snow 421 NE 7th Avenue $150 Case No. 12 -2072 JP Morgan Chase Bank 401 NE 15th Avenue $100 National Association Case No. 12 -2185 Catherine Allen 308 NEth 20th Avenue $500 Case No. 13 -40 Dalland Properties LP 233 NW 5th Court $1,000 Case No. 12 -2185 Catherine Allen 318 NE 20th Avenue Officer Lewis recommended the Board certify the Cease and Desist Order at $500 per occurrence for five occurrences. 23 Meeting Minutes Code Compliance Board Boynton Beach, FL March 20, 2013 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Cole move that this Board find that the Respondent on January 30, 2013; February 5, 2013; February 19, 2013; February 26, 2013, and February 28, 2013 did not comply with this Board's Cease and Desist Order dated January 16, 2013, and having considered the gravity of the violation, the actions taken by the Respondent that this Board impose and certify a fine in the amount of $500 per occurrence for five occurrences plus administrative costs. Ms. Carroll seconded the motion that unanimously passed. Case No. 12 -2380 Frederic Moreau & Marie Gladice Pompe 512 NW 9th Avenue Officer Lewis recommended this case be certified as it was a threat to the public's health and safety. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondents have not complied with this Board's Order dated February 20, 2012, 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 day plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Vice Chair Foot seconded the motion that unanimously passed. An Abatement Order to secure the premises was needed. Motion Based on testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that there exists a threat to public health, safety and welfare and pursuant to Section 2 -79 of the City's Code of Ordinances direct City officials to take all necessary action to correct the violation and to recover any costs and expenses incurred from the property owner. Ms. Carroll seconded the motion that unanimously passed. Discussion of Lien Reductions Chair Costantino commented the Board was back in the position of not having enough members appear for the lien reduction or regular meetings. She suggested if there are five or less lien reductions, they be moved to the regular board meeting. Ms. Springer explained the problem with the suggestion was she could get a case the day before the meeting and has no way of knowing when the cases will come in. She 24 Meeting Minutes Code Compliance Board Boynton Beach, FL March 20, 2013 tries to get the reductions to the Board as quickly as possible and it was an issue with short sales. Discussion followed the lien reductions could be heard first at the regular meetings and the Board could try this on a temporary basis until more members were appointed. Chair Costantino added she has had to call the members for meetings and there was an instance last year when there was no quorum and the reductions had to be moved to the regular agenda. She noted if a quorum is not obtained within 20 minutes of the meeting time, the meeting is cancelled. Further discussion followed. Ms. Carroll cannot make two meetings in one week and there were problems with reserving the Commission Chambers. It was so problematic for her, she offered her resignation. Ms. Springer commented it was also difficult for her to get two agendas out in the same week. She agreed to check with the City Clerk for alternative meeting dates. Ms. Carroll has attempted to recruit individuals and the City Commission is aware there are many vacancies on the Board. Vice Chair Foot commented the Board does not receive recognition in the Palm Beach Post, which he looks at regularly and helps remind him of the meetings. Motion Ms. Carroll moved to combine both meetings for next month while Ms. Springer explores options with the City and the Board can discuss it next month and to tentatively combine the April and May meetings to the third Wednesday in April and May. Vice Chair Foot seconded the motion that unanimously passed. Adjournment Motion There being no further business to discuss, Vice Chair Foot moved to adjourn. Ms. Carroll seconded the motion that unanimously passed. The meeting was adjourned at 8:21 p.m. a4v=tl� & Catherine Cherry Recording Secretary 040813 25