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Minutes 04-17-13 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, APRIL 17, 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 Kathleen Carroll Rose Marie Yerzy ABSENT: Robert Foot, 1st Vice Chair Carol Brenner I. CaII to Order Chair Costantino called the meeting to order at 6:30 p.m. II. Approval of Gary Cole as First Vice - Chairperson and Election of Interim Second Vice - Chairperson Motion Mrs Yerzy moved to approve Gary Cole as First -Vice Chairperson. Ms Carroll seconded the motion that unanimously passed. Motion Vice Chair Cole moved to nominate Mrs. Yerzy as Interim Second Vice - Chairperson. Ms. Carroll seconded the motion that unanimously passed. Mr. Foot had been hospitalized and Ms. Carroll provided a positive update on his condition III. Approval of 2/20/13 Code Board Minutes and 3/18/13 Lien Reduction Minutes Meeting Minutes Code Compliance Board Boynton Beach, FL April 17, 2013 As noted, there were two changes to the February 20, 2013 Code Board Minutes. On page nine, case number 12 -636 should be tabled to April 17, 2013. On page 10, case number 10 -2191, should be 10 -3521 Motion Ms Carroll moved to approve the amended minutes of February 20, 2013. The motion was seconded by Vice Chair Cole and unanimously passed Motion Ms. Carroll moved to approve the minutes of March 18, 2013. The motion was seconded by Vice Chair Cole and unanimously passed II. Approval of Agenda Pete Roy, Chief Code and Rehabilitation Officer, announced the following. Case No. 13 -11 was requested to be tabled to May 15, 2013. Motion Vice Chair Cole moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on May 15, 2013. Ms. Carroll seconded the motion that unanimously passed. Case Nos. 13 -72, 13 -192, 13 -188, 13 -239, 13 -281, 13 -378, 13 -284, 13 -422 have complied. Case No. 13 -329 has been removed. Motion Ms. Carroll moved to approve the agenda, as amended. Mrs. Yerzy 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 Roy called the role and determined who was present. 2 Meeting Minutes Code Compliance Board Boynton Beach, FL April 17, 2013 Case No. 12 -1915 Susan Levin Property Address 101 Villa Circle Violation(s): CO CH13 SEC 13 -16 Must obtain a Business Tax Receipt. Luney Guillaume, Code Compliance Officer, presented the above referenced case. This was a rental property and a tenant was living in the house. He commented the Respondent was present. Susan Levin, 5079 Coronado Ridge, Boca Raton was the owner of the home and pled not guilty. She advised the tenant no longer was paying rent for the house. She had been living there as a Section 8 tenant through the Delray Beach Housing Authority and they terminated her assistance as of February 1, 2013 The Housing Authority had paid the rent until March 1 and the tenant has refused to leave. Ms. Levin stated she did not realize she needed a Business Tax Receipt and as soon as she was advised, she contacted the City and applied. When the officer went to inspect the property, he found issues that needed to be addressed due to the tenant's refusal to admit repairmen or the owner. Ms Levin further stated that each year she rented to her through the Housing Authority; everything had to pass their inspection every year. If there was anything wrong now, the tenant created it. An eviction had been started but the court process was very long. Ms. Levin advised she was also applying for a Deed in Lieu of Foreclosure as she cannot pay the mortgage any longer due to all the money she had lost on the home rental. She requested an additional sixty days for the eviction process to complete. Vice Chair Cole requested clarification on what the violations were Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Susan Levin 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 June 1, 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 June 1, 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 Cole seconded the motion that unanimously passed. Case No. 13 -104 Jody M. Silvers Property Address: 3345 Ocean Parkway Violation(s): CO CH10 SEC 10 -52 3 Meeting Minutes Code Compliance Board Boynton Beach, FL April 17, 2013 Mow, weed, and trim overgrown swale and yard areas, remove all trash, debris and inoperable recreational vehicle. Skip Lewis, Senior Code Enforcement Officer, presented the above referenced case. The RV has been removed but there was still overgrowth and some trash and debris. Amy Concilio, 2424 No. Federal Highway, Boca Raton, was the attorney for the mortgagee. She pled no contest as the Bank was not the violator She requested 30 days as the foreclosure sale took place last week and were waiting for the Certificate of Title to be issued which would take approximately 10 -20 days. The previous owner still resided on the property and a writ of possession would have to be procured. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Jody M. Silvers 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 17, 2013. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $150 per day for each day the violation continues past May 17, 2013, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mrs. Yerzy seconded the motion that unanimously passed Case No. 13 -336 Mia Real Holdings, LLC Property Address: 458 NW 1 Avenue Violation(s): BBA FBC 2010 ED. 105.1 Permits required as noted in red tag and electrical service FPL drop deemed unsafe and too close to pool. (FPL notified) Wendy Pacheco, Code Compliance Officer, presented the case as noted above, which arose from a City referral. Windows and irrigation installed and alterations to the electric were completed without permits. The electrical service was deemed unsafe because it was too close to the pool and, therefore, was a safety hazard. The Respondent was present. Avi Stern, 5455 No. Federal Highway, Ste J., Boca Raton, owner, pled no contest. He advised he needed 45 -60 days in order to complete the permit process, and complete the repairs. There was a misunderstanding on who was responsible The windows were boarded up when the house was purchased by Mia Real Holdings. He 4 Meeting Minutes Code Compliance Board Boynton Beach, FL April 17, 2013 advised he did not perform the electrical repairs. The repair was done by the previous owner Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that Mia Real Holdings, 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 May 17, 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 $400 per day for each day the violations continue past May 17, 2013, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case No. 13 -245 Mia Real Holdings, LLC Property Address: 458 NW 1 Avenue Violation(s): CO CH10 SEC 10 -56 (B) (C) CP CH15 SEC 15 -120 (D) INC Remove all trash and debris and outside storage. Secure pool. Officer Roy presented the case as noted above. This was a City department referral. Initial notice was given on February 25, 2013 and 10 days was given to comply. The outside storage has been complied, there was a little trash and debris outside and the pool was still unsecured. Avi Stern, 5455 No. Federal Highway, Ste J., Boca Raton, owner, pled no contest. He advised the pool was secured but someone knocked over the fence again. He would fix it again as soon as possible. He also advised that the pool was green because there was currently no electric running to the house and the pool pump could not run. Officer Roy indicated there was a latch for the pool but it would not properly shut due to wheels on the bottom of the gate and the gate sitting on grass. It does not self latch. Motion Based on the testimony and evidence presented in the aforementioned case, Mrs. Yerzy moved that this Board find that Mia Real Holdings 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 April 27, 2013. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $1000 per day for each day the violation continues past April 27, 5 Meeting Minutes Code Compliance Board Boynton Beach, FL April 17, 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. Vice Chair Cole seconded the motion that unanimously passed. Case No. 12 -1978 Forum Shoppes of Boynton LLC (Palermo) Property Address: 140 N. Congress Avenue, #4 Violation(s): BBA FBC 2010 ED. 105.1 CO CH13 SEC 13 -16 Permit required for two walk -in coolers /freezers, display case and wall between kitchen and sales area. Must obtain Business Tax Receipt. Officer Guillaume presented the case as contained in the notice of violation. The hearing date was set for January 16, 2013 and no one appeared. The compliance date and proposed fine was March 17, 2013 or $150 per day. The violation still exists. The Respondent was present. Anna Orlando, 10387 Oak Meadow Lane, Wellington, was the owner of Palermo Bakery. She advised that everything requested had been completed. She secured the permits, hired the proper people and she was waiting for the re- inspection. Officer Guillaume mentioned she only applied for her license this day and she replied the City would not issue the license until she had the permits. Diane Springer, Code Compliance Coordinator, indicated there were five parts to the permit. Her contractor had picked up two of them. There are three parts of the permit that still have to be printed and they were called on March 14, 2013 to pick them up and they have still not been picked up. Ms. Orlando applied for her Business Tax Receipt and it would not be issued until the permits are picked up and all the inspections have been passed. In addition, they have not had a Business Tax Receipt since 2011 Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair 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 $150 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 unanimously passed. Case No. 13 -385 Cinase & Murat Donastor & Ducles Elusca Property Address: 1607 NE 4 Street Violation(s): CO CH15 SEC 15- 120(D) Inc 6 Meeting Minutes Code Compliance Board Boynton Beach, FL April 17, 2013 Please mow overgrown yard areas Officer Lewis presented the case as contained in the notice of violation. This was a routine inspection and it was still unresolved. Cinase Donastor, 1607 NE 1 Street, pled no contest. She advised that it would take one week to mow the property. Officer Lewis stated the City recommended ten days. Chair Costantino advised she would prefer to give 15 days to comply. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that Cinase & Murat Donastor & Ducles Elusca 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 May 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 by May 2, 2013, a fine in the amount of $100 per day for each day the violations continue past May 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. Vice Chair Cole seconded the motion that unanimously passed. Case No. 13 -263 Bank of New York Mellon Property Address: 2731 NW 1 Street Violation(s). CO CH10 SEC. 10 -51.5 Vacant property must be registered Property must not be occupied until water and power has been restored. Remove trash and debris from property and fix the roof. Officer Roy presented the case as contained in the notice of violation. This was discovered during a routine inspection on February 20, 2013. The City recommended 10 days for compliance. Jenna Mcquid, 2301 Collins Avenue, Miami Beach, represented the Respondent. She pled no contest and requested an extension of time to file the appropriate motion based on the fact the Respondent does not own the property yet. As a result, he cannot send a crew to rectify the Code violations. The sale date was set for May 30, 2013. Lis Pendens was filed November 3, 2011. Motion 7 Meeting Minutes Code Compliance Board Boynton Beach, FL April 17, 2013 Based on the testimony and evidence presented in the aforementioned case, Mrs. Yerzy moved that this Board find that Bank of New York Mellon 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 27, 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 April 27, 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 Cole seconded the motion that unanimously passed. Case No. 13 -160 Bank of New York TR Property Address. 6 Corrie Place Violation(s): CO CH10 SEC 10 -51.5 INC Property must be maintained. Remove bees and beehive from west side of house. Courtney Cain, Code Compliance Officer, presented the case as contained in the notice of violation. The City recommended seven days to April 24, 2013. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that Bank of New York 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 April 24, 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 April 24, 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 -244 Khadi Wurie Property Address. 4 Las Sendas Violation(s): CO CH10 SEC 10 -56 (C) (D) Secure pool, repair all fence sections and gates to ensure the pool is secured and repair pool screen enclosure. Officer Cain presented the case as contained in the Notice of Violation The City recommends seven days to April 24, 2013. 8 Meeting Minutes Code Compliance Board Boynton Beach, FL April 17, 2013 Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Khadi Wurie 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 24, 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 April 24, 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 Cole seconded the motion that unanimously passed. Case No. 13 -238 Ari M. Hukki Property Address: 26 Valencia Drive Violation(s): CO CH13 SEC 13 -16 Renting unit without first obtaining a Business Tax Receipt 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, Vice Chair Cole moved that this Board find that Ari M. Hukki 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 27, 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 27, 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 passed unanimously. Case No. 13 -252 Citimortgage, Inc. Property Address: 5 Baytree Circle 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, and secure property 9 Meeting Minutes Code Compliance Board Boynton Beach, FL April 17, 2013 Officer Guillaume presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that Citimortgage, Inc. 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 27, 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 violation continues past April 27, 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. 13 -264 Mortgage & Real Estate Income Property Address: SW 3rd Street Violation(s): CO CH15 SEC 15- 120(D) Inc CO CH10 SEC 10 -56(A) (B) Remove all outside storage from vacant lot. 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, Ms. Carroll moved that this Board find that Mortgage & Real Estate Income is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before April 27, 2013. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $500 per day for each day the violation continues past April 27, 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 Cole seconded the motion. It was noted there was only one vehicle at the premises. The motion unanimously passed. Case No. 13 -291 Federal National Mortgage Association Property Address: 906 SW 3 Street Violation(s): CO CH10 SEC 10 -51.5 INC 10 Meeting Minutes Code Compliance Board Boynton Beach, FL April 17, 2013 Property must be registered. 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, Mrs. Yerzy moved that this Board find that Federal National Mortgage Association is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before April 27, 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 27, 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. 13-431 Edward & Wendy Haukland Property Address: 232 SW 4 Avenue Violation(s): CO CH10SEC 10 -56 (C) CO CH 13 SEC 13 -16 Business Tax Receipt needed to rent residence. Maintain swimming pool 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, Vice Chair Cole moved that this Board find that Edward & Wendy Haukland 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 27, 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 $350 per day for each day the violations continue past April 27, 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 -260 Craig Tobin Property Address: 714 NW 7th Street 11 Meeting Minutes Code Compliance Board Boynton Beach, FL April 17, 2013 Violation(s) BBA FBC 2010 ED 105.1 CO CH 13 SEC 13 -16 Permit required for installation of windows and garage enclosure. Business Tax Receipt required for rental. Officer Pacheco 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, Vice Chair Cole moved that this Board find that Craig Tobin 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 27, 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 April 27, 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 -232 Bethanie & Luce Francois Property Address: 2621 NE 4 Street Violation(s): CO CH 10 SEC 10 -56 (B) CO CH 15 SEC 15 -120 (D) INC Remove all inoperable vehicles from the property. Remove all tires, trash and debris. Mow and trim overgrown yard areas including bushes. Officer Lewis presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that Bethanie & Luce Francois are in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondents correct the violations on or before April 27, 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 $500 per day for each day the violations continue past April 27, 2013, plus administrative costs shall be imposed. The Respondents are 12 Meeting Minutes Code Compliance Board Boynton Beach, FL April 17, 2013 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 -282 Thora R. Cargill Property Address: 3100 Ocean Parkway Violation(s) CO CH 10 SEC 10 -56 (D) Secure building. Officer Lewis presented the case as contained in the notice of violation. Staff recommended seven days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Thora R. Cargill 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 24, 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 April 24, 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 Cole seconded the motion that unanimously passed. Case No. 13 -288 Brenda Bryant Property Address: 2122 NE 1 Street Violation(s): CO CH 10 SEC 10 -52 CO CH 10 SEC 10 -56 (D) CO CH 15 SEC 15 -120 (D) INC Remove inoperable vehicles, auto parts, tires and outdoor stored materials, trash and debns from the property. Install minimum size 4 inch house numbers on building to be visible from City street. Officer Lewis presented the case as contained in the notice of violation. Staff recommended 10 days to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that Brenda Bryant is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the 13 Meeting Minutes Code Compliance Board Boynton Beach, FL April 17, 2013 violations on or before April 27, 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 April 27, 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. 13 -340 Jeanne Araia Property Address: 331 NE 15 Court Violation(s). CO CH13 SEC 13 -16 Must obtain Business Tax Receipt. 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 Cole moved that this Board find that Jeanne Araia 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 27, 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 27, 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 -362 Raffaela Liuzzo - Mazzocchi Property Address: 2910 Ocean Parkway Violation(s): CO CH13 SEC 13 -6 Business Tax Receipt required. 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 Cole moved that this Board find that Raffaela Liuzzo - Mazzocchi 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 27, 2013. The Board has considered the gravity of the 14 Meeting Minutes Code Compliance Board Boynton Beach, FL April 17, 2013 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 27, 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. 13 -367 Benjamin E. Leonard Property Address: 391 NE 27 Avenue Violation(s): CO CH10 SEC 10 -52 CO CH15 SEC 15 -120 (D) INC Mow and trim overgrown yard areas. Remove all inoperable vehicles, trash and debris from the property. Officer Lewis presented the case as in the notice of violation. Staff recommended 10 days to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Mrs. Yerzy moved that this Board find that Benjamin E. Leonard 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 27, 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 violation continues past April 27, 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 Cole seconded the motion that unanimously passed. Case No. 13 -369 Brian K. & Michelle C. Bouis Property Address: 351 NE 27 Avenue Violation(s): CO CH15 SEC 15- 120(D) INC CO CH10 SEC 10 -52 Remove unregistered, inoperable vehicle from property. Mow and trim overgrowth. Officer Lewis presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. 15 Meeting Minutes Code Compliance Board Boynton Beach, FL April 17, 2013 Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that Brian K. & Michelle C. Bouis 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 April 27, 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 $500 per day for each day the violations continue past April 27, 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 -397 Donald L. Smith, Jr. Property Address: 2622 NE 4 Court Violation(s CO CH15 SEC 15- 120(D) INC CO CH10 SEC 10 -52 CO CH10 SEC 10 -56 (C) Remove inoperable vehicles, tires and any debris from the property. Restore pool to sanitary condition. Officer Lewis presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that Donald L. Smith, Jr. is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before April 27, 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 April 27, 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. 13 -399 Nelson A. Heath Property Address: 501 NE 25 Avenue Violation(s): CO CH10 SEC 10 -52 CO CH 15 SEC 15 -120 (D) INC 16 Meeting Minutes Code Compliance Board Boynton Beach, FL April 17, 2013 Remove inoperable vehicles, outdoor stored materials, and mow and trim property Officer Lewis 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, Mrs. Yerzy moved that this Board find that Nelson A. Heath 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 27, 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 April 27, 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 Cole seconded the motion that unanimously passed. Case No. 13 -400 US Bank National Association TR Property Address: 426 NE 26 Avenue Violation(s). CO CH10 SEC 10 -52 CO CH10 SEC 10 -56 (B) CO CH15 SEC 15 -120 (D) INC. Remove inoperable vehicles, trash, debris and outdoor storage from the property. Officer Lewis 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, Vice Chair Cole moved that this Board find that US Bank National Association 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 April 27, 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 April 27, 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. 17 Meeting Minutes Code Compliance Board Boynton Beach, FL April 17, 2013 Case No. 13 -472 N. Suzette & Bradley D. Cooper Property Address: 611 NE 7 Avenue Violation(s): CO CH13 SEC 13 -16 Business Tax Receipt needed to rent residence Officer Lewis presented the case as in the notice of violation. Staff recommended 30 days be given to correct the violation. The Respondent indicated she had applied for the Business Tax Receipt. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that N. Suzette & Bradley D. Cooper 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 17, 2013. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past May 17, 2013, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mrs. Yerzy seconded the motion that unanimously passed. Case No. 13 -404 Celamise Moises Property Address: 450 NW 1 Avenue Violation(s). CO CH10 SEC 10 -2 CO CH15 SEC 15 -120 (D) INC Remove stove in carport area. Officer Pacheco 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, Mrs. Yerzy moved that this Board find that Celamise Moises 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 27, 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 April 27, 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 Cole seconded the motion that unanimously passed. 18 Meeting Minutes Code Compliance Board Boynton Beach, FL April 17, 2013 Case No. 13 -416 Josephine Daffin Property Address: 315 NW 10 Avenue Violation(s): CO CH 10 SEC 10 -56 (A) CO CH15 SEC 15 -120 (D) INC Repair broken window; remove all inoperable, unregistered vehicles from the property. 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, Mrs. Yerzy moved that this Board find that Josephine Daffin 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 27, 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 April 27, 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 Cole seconded the motion that unanimously passed. Case No. 13 -430 2481 NW 2 Street LLC Property Address: 2481 NW 2 Street Violation(s): CO CH10 SEC 10 -56 (A) CO CH13 SEC 13 -16 Apply and pass inspection for Business Tax Receipt. 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, Vice Chair Cole moved that this Board find that 2481 NW 2nd Street 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 April 27, 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 27, 2013, plus administrative costs shall be imposed. The Respondent is further ordered to 19 Meeting Minutes Code Compliance Board Boynton Beach, FL April 17, 2013 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 Lewis recommended the following cases be certified as No Fine: Case No. 12 -1917 Raymond & Rogina Rizk 1690 Renaissance Commons Blvd. #1623 Case No. 11 -1968 Ocean Properties 1510 SW 8 Street Case No. 12 -2161 Banyan Development 1600 N. Federal Hwy Case No. 11 -2340 Linda Boxer 3 Renaissance Way #311 Motion Based on testimony and evidence presented in the aforementioned cases, Ms. Carroll moved that this Board find that the named Respondents were in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Orders, and in consideration of the gravity of the violations and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents, that this Board impose and certify "No Fine." Vice Chair Cole seconded the motion that unanimously passed. Officer Lewis recommended the following cases be tabled to May 15, 2013: Case No. 12 -2285 Danie Jackson 38 S. Palm Drive Case No. 12 -1788 Joseph & Bernadette Alexander 10 NE 9 Avenue Motion Mrs. Yerzy moved to table the aforementioned cases to May 15, 2013. The motion was seconded by Ms. Carroll and unanimously passed. Officer Lewis recommended the following case be tabled to June 19 2013: Case No. 12 -636 Ralph Lowe 1619 NE 3 Street Motion Ms. Carroll moved to table the aforementioned case to June 19, 2013 The motion was seconded by Vice Chair Cole and unanimously passed. Officer Lewis read the following verbatim: 20 Meeting Minutes Code Compliance Board Boynton Beach, FL April 17, 2013 "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 case is requested for certification at this time in the amount established by the Board in the Orders of Violation for each case, as set forth on the docket Case No. 12 -1980 Dalen Enterprise, Inc. 3547 High Ridge Rd $50 Discussion of Lien Reduction Board Meeting Chair Costantino commented there should be another discussion regarding the second meeting. It was hard to plan vacations because the regular Code Board meeting was one week and the Lien Reduction meeting was the next week. It was making it harder for the members to attend because now there were two weeks out of the month; plans outside of the meetings could not be made. Chair Costantino advised if enough notice was given if a member could not attend that week, the meeting could be cancelled. There was discussion on the best timeline to utilize. Chair Costantino suggested trying to have the regular Code Board meeting one week and the Lien Reduction the next. It could be fine tuned from there. Adjournment Motion There being no further business to discuss, Ms. Carroll moved to adjourn Vice Chair Cole seconded the motion that unanimously passed. The meeting was adjourned at 7:50 p.m. ��ii� r7 6 `l,''C ' ��, i'v��Cr Ellie Caruso Recording Secretary 21