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Minutes 06-19-13 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, JUNE 19, 2013, AT 6:30 P.., IN COMMISSION CHAMBERS CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Shana Bridgeman, City Attorney Gary Cole, 1st Vice Chair Diane Springer, Code Compliance Coordinator Rose Marie Yerzy, Interim 2nd Vice Chair Alan Borrelli Carol Brenner Kathleen Carroll 1. Call to Order Chair Costantino called the meeting to order at 6:30 p.m. Approval of May 15, 2013, Code Compliance Board Minutes and May 22, 2013, Lien Reduction Minutes Chair Costantino requested the May 15, 2013, Code Compliance minutes be tabled to the next meeting as she had not had an opportunity to review them. Motion Ms. Yerzy so moved. Vice Chair Cole seconded the motion that unanimously passed. Chair Costantino requested the May 22, 2013, Code Lien Reduction minutes be tabled to the next meeting as she had not had an opportunity to review them. Motion Vice Chair Cole so moved. Ms. Yerzy seconded the motion that unanimously passed. III. Approval of Agenda Skip Lewis, Senior Code Compliance Officer, announced the following changes to the agenda: Case No. 13 -576 was recommended to be tabled to July 17, 2013. Motion Ms. Yerzy moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on July 17, 2013. Ms. Carroll seconded the motion that unanimously passed. 1 Meeting Minutes Code Compliance Board Boynton Beach, FL June 19, 2013 Case No. 12 -1937 was requested to be tabled to July 17, 2013. Motion Ms. Yerzy moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on July 17, 2013. Ms. Carroll seconded the motion that unanimously passed. The violations in Case No. 13-452 were corrected. Case No. 13 -946 was requested to be tabled to November 20, 2013. Motion Ms. Yerzy moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on November 20, 2013. Vice Chair Cole seconded the motion that unanimously passed. Case No. 13 -947 was requested to be tabled to November 20, 2013. Motion Ms. Yerzy moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on November 20, 2013. Ms. Carroll seconded the motion that unanimously passed. Case Nos.: 13-364,13-689 and 13 -724 were removed. Motion Ms. Yerzy moved to approve the agenda as amended. Ms. Carroll seconded the motion that unanimously passed. IV. Swearing in of Witnesses and Introduction Attorney Bridgeman explained the hearing procedures and administered an oath to all who intended to testify. Officer Lewis called the roll and determined who was present. Case No. 13 -674 Kerry B. Hickman Property Address: 1990 NW 1 st Street Violation(s): CO CH4 SEC. 4 -4, SEC 4 -36 and 4 -37 Remove unlawful wooden structure and provide humane confinement according to Ordinance. Provide proof of current tag and 2 Meeting Minutes Code Compliance Board Boynton Beach, FL June 19, 2013 registration with Palm Beach County. Provide proof of rabies vaccinations. Liz Roehrich, Animal Cruelty Investigator, presented the case as contained in the notice of violation. The case was a Police Department referral. The initial inspection date was April 3, 2013. Written notice was on April 16, 2013, giving two days to comply. Certified mail was sent April 16, 2013, and was returned unclaimed on June 9, 2013. The notice was hand delivered on June 12, 2013. There were multiple dogs on the property. On July 29, 2011, Officer Roehrich responded to a complaint of tethered dogs. There were seven pit bulls in the backyard; some confined in unlawful structures and none of them having vaccinations or licenses. Citations and backup warnings were issued. The citations were contested, the Respondent was found guilty and ordered to pay the citations. Officer Roehrich repeatedly tried to recheck, but there was no response and no one answered the door. A case was originally opened in November 2011. At that time, the Respondent complied. There were two dogs on the property and four dogs disappeared in the process. Officer Roehrich signed -off on the case and took no further action. On April 3, 2013, the Police Department was at the premises to serve a search warrant and called her to the scene. At that time, there were six dogs on the property and none of them were licensed or had vaccinations, and they were in unlawful enclosures. Officer Roehrich issued more citations and then initiated this case. Kerry Hickman 1990 NW 1st Street, Boynton Beach, pled not guilty, and stated she does not own the dogs. Officer Roehrich confirmed the three dogs at the premises were owned by her other half who had always resided there. Officer Roehrich had photographs she presented to the Board. Ms. Hickman explained Officer Roehrich was not called to the address. She overheard Officer Roehrich tell the officer she overheard it on the radio. She explained Officer Roehrich had already cited Roy Bennett, so she did not know why she was here. Officer Roehrich explained they are currently in compliance, but dogs are in and out of property all the time. They were in compliance at one point in time with three dogs, but three dogs disappeared from the property. Palm Beach Animal Control was involved in the matter in Delray Beach and when they rechecked the Delray address, those dogs disappeared too. Ms. Hickman explained she does not own any dogs and there are no dogs at the Delray Beach address. She commented there were three dogs that have licenses and rabies vaccinations, and she had documentation she produced to the Board. Chair Costantino reviewed the photographs and commented there were dog pens and dogs in pens. Officer Roehrich explained the dogs in the pens were legal, which she 3 Meeting Minutes Code Compliance Board Boynton Beach, FL June 19, 2013 signed off on, but the unlawful structure remained on the property and when she next visited the property, there were more dogs housed in the illegal enclosures. Investigator Roehrich reiterated the respondent was in compliance and she did a recheck, but she anticipated they would be out of compliance in the future and wanted the Cease and Desist Order. Chair Costantino commented the documents say the dogs reside at 1990 NW 1st Street. Roy Bennett owns the dog and his name was not on the property. Ms. Hickman explained Mr. Bennett allowed the dogs on the property and he lives there. She works two jobs and does not go in the backyard. Vice Chair Cole explained to Ms. Hickman she was in compliance and if the Board issued a Cease and Desist Order it would not cost her anything unless it was found to be untrue. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that a Cease and Desist Order be issued giving Kerry Hickman until June 26, 2013, to bring the violations of the City of Boynton Beach Code sections as cited into compliance. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that a fine in the amount of $500 per recurrence of the violation thereafter shall be imposed upon the Respondent. Ms. Yerzy seconded the motion that passed unanimously. Case No. 13 -1008 Valerie Venegas Property Address: 450 NE 14th Avenue Violation(s): CO CH2.5 SEC 2.5 -12 +13 Excess false alarms and service fee. Officer Lewis presented the case. The initial inspection date was May 9, 2013, for the above violation. He commented the Respondent was present. Valerie Venegas, 450 NE 14th Avenue, requested clarification and then pled no contest. She explained she called the alarm company several times. They came out and changed the battery and serviced the alarm. She just had French doors put in three or four months ago and noticed that was the only sensor that kept defaulting. Ms. Venegas works and cannot always advise the alarm company not to dispatch, but she has been telling them not to dispatch. When she can, she leaves her job and often arrives before the Police. She has the alarm company on the phone telling them not to dispatch, but she is told they could not reach her and they already contacted the police. 4 Meeting Minutes Code Compliance Board Boynton Beach, FL June 19, 2013 Officer Lewis explained Ms. Venegas was up to $75 per false alarm, but he suggested she contact Tanya Guim -Leon from Code Compliance. Ms. Venegas used her three free false alarms and then had the $75 fee. Ms. Venegas explained she was trying to cancel the service. She lives in Boynton Beach, and was frustrated. She wanted the alarm company to de -arm the French doors as it is an inconvenience to her as well. Once Ms. Venegas paid the $75, the case would be closed. For the worst case scenario, if it happened again, she would get another fine. Three free false alarms are allowed for the year starting in October. Officer Lewis recommended 15 days be given for Ms. Venegas to address the matter. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Valerie Venegas is in violation of the City of Boynton Beach Code section as cited, and moved to order that the Respondent correct the violation on or before July 4, 2013. The Board has considered the gravity of the violation, the actions taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $15 per day for each day the violation continues past July 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 and verification of payment of the fees to comply with this Order. Ms. Carroll seconded the motion that passed unanimously. Case No.13 -731 South Florida Property — Judan Sussman Property Address: 200 Knuth Road Violation(s): CO CH13 SEC 13 -16 Business Tax Receipt needed to operate business. Officer Cain presented the case. The building was a commercial building. The initial inspection date was April 29, 2013. Written notice was issued giving 14 days to correct the violations. Certified mail was sent and signed on May 17, 2013. Warren Izard, 200 Knuth Road, Boynton Beach, pled no contest. He had a copy of Mr. Sussman's application and he had delivered a check. He was waiting for a response. Mr. Sussman represents an out -of -state company and staff wanted additional information. He requested the matter be tabled for 30 days to get the documentation in order. He is an individual representative and wanted to register as a sole proprietor. He had been in contact with Saleica Brown, Karl Swierzko and Eliu Cueto, all of whom were from the Building Department, with regard to the documents he had to provide. The applicant works for an attorney and it appeared he was a personal assistant to the attorney. 5 Meeting Minutes Code Compliance Board Boynton Beach, FL June 19, 2013 Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that South Florida Property — Judan Sussman 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 July 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 July 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. Yerzy seconded the motion that unanimously passed. Case No.13 -856 South Florida Property — Classic Professional Service Property Address: 200 Knuth Road, #100 Violation(s): CO CH 13 SEC 13 -16 Business Tax Receipt needed to operate business. Officer Cain presented the case. The building was a commercial building. The case was a City referral. Written notice was issued giving 14 days to correct the violations. Certified Mail was sent and signed on May 17, 2013. Warren Izard, South Florida Property Ventures, 200 Knuth Road, Boynton Beach, pled not guilty and had a copy of the license he received today. Mr. Izard changed his plea to no contest. Officer Cain reviewed the documents and found all in order. Mr. Izard further added that business owner, Mr. Jacque was told by Carolyn from the City that the individual who did the fire inspection never submitted the fire inspection paperwork and that was the reason for the delay in receiving his license. It was unknown when the paperwork was filed. Mr. Enos Jacque, 200 Knuth Road, Boynton Beach, explained he applied for the Business Tax Receipt two or three weeks ago. He started doing business around the same time he was sited to obtain the license. Chair Costantino explained the paperwork shows the business was operating back in April. The violation was dated April 29, 2013. Mr. Jacque did not believe he had started operating his business at that time. Officer Cain explained he does not go door -to -door on commercial properties. The violation was the result of a building department referral. 6 Meeting Minutes Code Compliance Board Boynton Beach, FL June 19, 2013 Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that South Florida Property — Classic Professional Service 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 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 June 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. Yerzy seconded the motion that unanimously passed. Case No. 13 -794 JP Morgan Chase — Duetsche Bank National Trust (649 W. Ocean Avenue) Property Address: 649 W. Ocean Avenue Violation(s): CO CH10 SEC 10 -51.5 INC. Property that is vacant or subject to default must be maintained per City Code. Mow overgrown yard and maintain. Officer Cain presented the case as in the notice of violation. The case arose from a routine inspection. The initial inspection date was April 24, 2013. Written notice gave 10 days to correct the violations. The certified mail return receipt was signed on May 6, 2013. Christopher Ritaccio, Esq., representing the Bank, 8349 Genove Way, Wellington, pled not guilty. Officer Cain had photographs he presented to the Respondent and the Board. Attorney Ritaccio explained the property was a foreclosure. The Bank would be a trespasser, unless the certificate of title is obtained, which to date, was not. It was still with the original borrower and resident of the home. The Bank does not have a lis pendens and the issue is they cannot enter the premises. The Bank sent inspectors who indicated the home appeared occupied. There were no phone books or garbage piled up. As to the lawn not being mowed, Attorney Ritaccio indicated that was recent according to the inspectors that were there earlier in the season. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that JP Morgan Chase — Duetsche Bank National Bank 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 July 4, 2013. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous 7 Meeting Minutes Code Compliance Board Boynton Beach, FL June 19, 2013 NOMMMMMEIRFMOM 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 July 4, 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. Officer Cain explained he should have requested a Cease and Desist Order as it has been an ongoing problem. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that a Cease and Desist Order be issued giving JP Morgan Chase — Duetsche Bank National Bank until July 4 2013, to bring the violation of City of Boynton Beach Code section as cited into compliance. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that a fine in the amount of $500 per occurrence of the violation thereafter shall be imposed upon the Respondents. Ms. Brenner seconded the motion that passed unanimously. Attorney Ritaccio went on record when the property is vacant they will address the matter. Case No. 13 -467 Marta R. Pejouhy Property Address: 152 SE 28th Avenue Violation(s): CO CH10 SEC 10 -56(B) Repair or replace roof. Officer Guillaume presented the case as contained in the notice of violation. The case was a citizen complaint. The initial inspection date was March 19, 2013. Written notice gave 30 days. The certified mail was signed on May 8, 2013. Marta Pejouhy, 152 SE 28th Avenue, pled no contest. She did not know how long it would take to correct the violation. Wendy Pejouhy 2024 Kenwood Road, West Palm Beach, the Respondent's daughter - in -law was present and stated they have been trying to get the roof repaired and get the money together to do so, but the Respondent is on a fixed income of only $700 per month. She and her husband were also trying to repair the roof, but the Bank would not lend money because there was a lien on the house. Habitat for Humanity would help, but again, could not because there is a lien against the home. She did not know how long it would take to correct the violation, but they were trying to address the first lien. 8 Meeting Minutes Code Compliance Board Boynton Beach, FL June 19, 2013 Officer Guillaume had photographs of the hole in the roof, which he showed to the Respondent and the Board. The Respondent inquired how it was learned she needed a roof repair. Officer Guillaume explained a neighbor complained. There is a tarp on the roof. The Respondent acknowledged the home has an old lien, and she did not know how long the tarp was on the roof. She requested assistance. Regarding the old lien from the City, she commented she and her lawyers had asked questions about it and no one answered the questions. She thought the tarp may have been put on the roof a week ago, she did not remember. Ms. Pejouhy requested a couple of months to repair the roof, as she was doing her best and she needed help. She was also happy the City changed and everything was getting better. Ms. Carroll inquired of the daughter -in -law how long she estimated it would take to get the money together. Ms. Pejouhy responded at least three or four months, due to the lien. She explained the lien was an illegal lien because of the structure in the back of the home. Mr. Pejouhy challenged it and was advised they would be red tagged for not tearing it down. There was discussion this is the hurricane season. The daughter -in -law acknowledged they were trying to help her, but she refused. Ms. Pejouhy asked if the Board could give her the opportunity to avoid the lien. Chair Costantino explained the Board cannot release the lien. Chair Costantino suggested the Board give her 30 days to find some way to clear up what they have and go from there. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on July 17, 2013. Vice Chair Cole seconded the motion that unanimously passed. Case No. 13 -516 Jorge Adilo Pineda & German Claros Pineda Property Address: 214 NE 14th Avenue Violation(s): CO CH15 SEC 15- 120(D) Inc. CO CH10 SEC 10 -56(B) Remove all outdoor stored trailers, materials, trash and debris. Vehicles over one ton are not allowed to be parked in residential areas. Officer Lewis presented the case as in the notice of violation. The initial inspection date was March 22, 2013 regarding the above. The property was posted on June 5, 2013. 9 Meeting Minutes Code Compliance Board Boynton Beach, FL June 19, 2013 Jorge Pineda, 214 NE 14th Avenue, commented he speaks very little English and requested assistance. Jorge Tovar, 516 E. Lakewood Road, West Palm Beach, a Respondent for a different case, acted as interpreter only for Mr. Pineda and confirmed Mr. Pineda understood the violation. It was learned Mr. Pineda has a landscape company and a truck which comes and goes. There were excessive trailers on the property. Officer Lewis had photographs of tires and items stored in the backyard, which needed to be removed and disposed of properly. There can be no outdoor storage, and a landscape company cannot store work vehicles in a residential area. Mr. Pineda has two trailers. Officer Lewis suggested Mr. Pineda contact the office and someone would translate better. Mr. Pineda agreed to do so. Chair Costantino suggested Mr. Pineda appear at the Lien Reduction meeting the next week. Officer Lewis suggested giving a compliance date. He explained he was looking for a Cease and Desist Order for 15 days, and then a compliance date of 15 days for the overall case. Chair Costantino explained to the Respondent he had to contact the office who would explain what needed to be done. The photographs should also assist him with the clean -up. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Jorge Adilo Pineda & German Claros Pineda 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 July 4, 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 $100 per day for each day the violations continue past July 4, 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. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that a Cease and Desist Order be issued giving Jorge Adilo Pineda & German Claros Pineda until July 4, 2013, to bring the violations of City of Boynton Beach Code sections as cited into compliance. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that a fine in the amount of $300 per occurrence of the 10 Meeting Minutes Code Compliance Board Boynton Beach, FL June 19, 2013 violation thereafter shall be imposed upon the Respondents. Ms. Yerzy seconded the motion that passed unanimously. Case No. 13 -900 Deutsche Bank (207 SE 4th Avenue) Property Address: 207 SE 4th Avenue Violation(s): CO CH10 SEC 10 -51.5 Inc. Property that is vacant or subject to default must be registered with the City and maintained per City code. Remove outside storage, trash, debris and any inoperable vehicles. Pete Roy, Chief Code and Rehabilitation Officer, presented the case as in the notice of violation. The case arose from a routine inspection. The initial inspection date was April 25, 2013, to remove outside storage, trash and debris, and inoperable vehicles. Written notice was sent April 30, 2013, giving 10 days to correct the violations. Certified mail was sent on May 15, 2013, and posted on the property on May 16, 2013. Emma Keller, Esq., representing the Bank, 2424 N Federal Highway, Boca Raton, pled no contest. Attorney Keller explained they have not filed a complaint on the case. The property was occupied and they cannot access it due to liability reasons. They do not have certificate of title, they were not the violator, and they requested leniency. As soon as they obtain the title, they will remedy the violations. The property was registered on May 15, 2013. The violation was only the outside storage. A suggestion was made to table the case. Motion Vice Chair Cole moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on July 1-8, 17, 2013. Ms. Carroll seconded the motion that unanimously passed. Case No. 13 -908 JP Morgan Chase Bank (191 SE 27th Ave.) Property Address: 191 SE 27th Avenue Violation(s): CO CH 10 SEC 10 -51.5 Inc. Property that is vacant or subject to default must be maintained per City code. Trim all overgrowth. Remove all horticultural debris. Clean and maintain pool. Officer Roy presented the case as in the notice of violation. The case arose from a department referral. The initial inspection date was April 29, 2013. Notice was sent on April 30, 2013, and 10 days was given to correct the violations. Written notice was sent on May 15, 2013, and the certified mail return receipt was signed on May 20, 2013. 11 Meeting Minutes Code Compliance Board Boynton Beach, FL June 19, 2013 Ryan Shirley, Esq, representing the Bank, 100 Yacht Club Place, Tequesta, pled no contest. Attorney Shirley explained they do not own the property and it was up to the homeowners to fix the violations. They do not have the Certificate of Title. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that JP Morgan Chase Bank is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before July 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 $250 per day for each day the violation continues past July 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. Yerzy seconded the motion. Officer Roy recommended tabling the case. Attorney Bridgeman concurred. Motion Vice Chair Cole moved to remove his prior motion. Ms. Yerzy seconded the motion that unanimously passed. Motion Vice Chair Cole moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on July 17, 2013. Ms. Yerzy seconded the motion that unanimously passed Case No. 13 -82 Daniel P. Navilio 762 Rider Road Officer Lewis presented the case. The notice of violation was dated January 17, 2013. Patty Navilio appeared on March 20, 2013. The compliance date was May 4, 2013, or a fine of $500 per day would be imposed thereafter. The violation still exists having 45 days of non - compliance. Staff recommended certifying the fine. Dan Navilio, 762 Rider Road, was present. He submitted an application for permits in mid -March and got all the interior work done except the HVAC system which was not signed off on yet. With the HVAC, the architects had a meeting with the reviewers and a special consultant talked to the City and he still had not received approval. Officer Lewis explained he has a rejection letter from the City as the work did not meet the Code. There was no application since Officer Lewis last checked earlier this week. The Respondent had no documentation at the meeting. Some of the work was done three years ago to convert the dwelling into a bed and breakfast. Instead of letting the case 12 Meeting Minutes Code Compliance Board Boynton Beach, FL June 19, 2013 drag on, Officer Lewis recommended Mr. Navilio come back for a lien reduction. Mr. Navilio never called him and this was the first Officer Lewis had seen Mr. Navilio since the last hearing. This was the same situation as the last case. The Board had no questions. Officer Lewis highlighted the case for the benefit of the new members. The violations pertained to securing building permits for all work done on both units including plumbing, electrical, structural and mechanical alterations, a pool was installed, and there was a deteriorated dock. The case was red tagged. The units were rented. Mr. Navilio's sister appeared on his behalf for the Sailfish Lodge and Marina. Staff posted a "Do Not Occupy" placard at the property. Individuals were there for some time until staff received another complaint. Mr. Navilio was living at the premises at one time and all the work was done without permits. Obtaining permits after the work done is more difficult. Mr. Navilio reiterated he did apply for permits in March and all was approved except for the HVAC. Officer Lewis countered the work did not meet the Code and recommended if they can obtain the permit, they use the lien reduction process. 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 March 20, 2013, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $500 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. Yerzy seconded the motion that unanimously passed. Case No. 13 -83 Daniel P. Navilio 762 Rider Road Officer Lewis presented the case. The initial inspection date was January 7, 2013, and this matter was the same as the other case. Patty Navilio had appeared. The compliance date was May 4, 2013, or a fine of $500 per day would be imposed thereafter. The violations still exist. Dan Navilio, 764 Rider Road, had no additional evidence other than he is going through the process, but it was taking longer than was anticipated. The HVAC was the final component for the interior work. All the other work was approved by all the other Departments. Officer Lewis recommended he be contacted as soon as he picks up the permits and they can start the lien reduction process. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Brenner moved that this Board find that the Respondent has not complied with this Board's Order dated March 20, 2013, and having considered the gravity of the 13 Meeting Minutes Code Compliance Board B oynton B FL June 19, 2013 violations, the actions taken by the Respondent, 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 Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Vice Chair Cole seconded the motion that unanimously passed. Case No. 13 -362 Raffaela Lluzzo Mazzocchi 201 NE 27th Avenue Officer Lewis presented the case. The notice of violation was March 8, 2013. A Business Tax Receipt was needed as was an inspection. The case was heard on April 17, 2013, and no one appeared. The compliance date was April 27, 2013, or a fine of $50 per day would be imposed thereafter. The violation still exists having 52 days of non - compliance. Raffaela Mazzocchi, 6651 Florida Drive, Lake Worth, her temporary address, explained the property is a rental property. Her permanent residence is 125 Buttonwood Circle, but the home had mold so they have not lived at the premises for the last four months. Ms. Mazzocchi explained she has many things going on and completely forgot about the case. She owned the property slightly over two years, and it was rented about seven months ago. She was aware she needed the Business Tax Receipt, as she has other rental properties throughout the City. Her other properties are licensed and are inspected. Ms. Mazzocchi requested less than two weeks to comply. There were 52 days of non- compliance at $50 per day plus $634.12 for administrative costs totaling about $3,200. Ms. Mazzocchi explained she can file for the license and pass the inspection, but needed 30 days. Chair Costantino advised the Board was ready to lien the property. Vice Chair Cole recommended certifying the fine and the Respondent could apply for lien reduction. 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 April 17, 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 $50 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. Yerzy seconded the motion that unanimously passed. Chair explained the lien reduction process to Ms. Mazzocchi. Case No. 13 -430 2481 NW 2nd Street LLC 2481 NW 2nd Street 14 Meeting Minutes Code Compliance Board Boynton Beach, FL June 19, 2013 Vestiguerne Pierre, Senior Code Compliance Officer, presented the case. The case was heard April 17, 2013, and no one appeared. The compliance date and fine was April 27, 2013, or a fine of $150 per day would be imposed thereafter. The violations still exist. Jorge Tovar, 517 E. Lakewood Road, West Palm Beach, works for the owner. Mr. Tovar testified the owner was aware he was speaking on his behalf and he explained he had an inspection three or four weeks ago and started the work. He was told he needed a permit for the windows which were replaced before he purchased the property. The City does not have documentation for the windows and Home Depot did not have them, so he did not know how to proceed. The other work was done. He asked for more time to finish the work. The driveway work was a resurface, but he still needed a Business Tax Receipt. The initial inspection did not pass, and he was working on those issues. Officer Pierre requested the case be tabled. Mr. Tovar has worked very hard on the property. Except for the permit for the windows and the ceiling in the laundry room needing to be fixed, all was done. Office Pierre requested more time be given to complete the work. Mr. Tovar explained the owner is on vacation and will be back in two weeks, but he could keep working to correct the violations and anticipated he needed three weeks to do so. The most difficult part would be the windows. The property is a rental property and he needed a contractor to pull the permit. The contractor would remove and install new windows to meet the Code. Motion Vice Chair Cale moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on August 21, 2013. Ms. Carroll seconded the motion that unanimously passed. Case No. 12 -1787 Frank R. Risch Property Address: 10 Misty Meadow Drive Violation(s): BBA FBC '07 ED 105.1 Permit expired. Obtain new permit. Red tagged. Officer Cain reported this case complied. Case No. 13 -11 E & A Sunshine LLC Property Address: 520 E. Woolbright Road Violation(s): BBA FBC 2010 ED 105.1 Permits required for interior remodeling (walls, ceiling and electrical) as noted in Red tag. 5 Meeting Minutes Code Compliance Board Boynton Beach, FL June 19, 2013 Officer Guillaume presented the case as in the notice of violation. Staff recommended 15 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that E & A Sunshine 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 July 4, 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 July 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. Ms. Carroll seconded the motion that unanimously passed. Case No. 13 -542 Catherine Allen Property Address: 318 NE 4th Avenue Violation(s): CO CH4 SEC 4 -4 and 4 -32 Dogs must be humanely secured to owner's property at all times or on leash when off the owner's property. Owner is to provide proper shelter for animal, providing protection from cold, heat, wind and rain. Officer Roehrich presented the case as in the notice of violation. The violations pertained to the manner of keeping dogs. Staff recommended a Cease and Desist Order be entered. The dog was living in a hot garage inside a crate. When out of the crate, the dog was running lose and injuring other dogs. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that a Cease and Desist Order be issued giving Catherine Allen until June 26, 2013, to bring the violations of City of Boynton Beach Code sections as cited into compliance. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that a fine in the amount of $300 per occurrence of the violation thereafter shall be imposed upon the Respondent. Ms. Carroll seconded the motion. Ms. Yerzy amended her motion to reflect a fine of $500 per occurrence. Ms. Carroll agreed to the amendment and the motion passed unanimously. Case No. 13 -672 Louise Denson Property Address: 229 NW 3rd Avenue 16 Meeting Minutes Code Compliance Board Boynton Beach, FL June 19, 2013 Violation(s): CO CH4 SEC 4 -4 Do not tether dogs, provide legal enclosures or keep inside or within secure fenced yard. Current tag and registration needed. Officer Roehrich presented the case as in the notice of violation pertaining to the manner of keeping. Staff recommended a Cease and Desist Order be entered as this has been an ongoing problem for 20 years. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that a Cease and Desist Order be issued giving Louise Denson until June 26, 2013, to bring the violations of City of Boynton Beach Code sections as cited into compliance. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that a fine in the amount of $500 per occurrence of the violation thereafter shall be imposed upon the Respondent. Ms. Brenner seconded the motion that unanimously passed. Case No. 13 -673 Amy and Michael Senkowicz Property Address: 915 Greenbriar Drive Violation(s): CO CH4 SEC 4 -32, 4 -36 and 4 -37 Dogs must be humanely secured to owner's property at all times or on a leash when off property. Each dog must have current tag and registration. Proof of rabies vaccination must be submitted. Officer Roehrich presented the case as in the notice of violation. The Respondents are in compliance with the rabies vaccination and license. Staff recommended a Cease and Desist Order be entered as this has been an ongoing problem with a pitbull getting loose. The Respondents have sought to avoid the citation process. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that a Cease and Desist Order be issued giving Amy and Michael Senkowicz until June 26, 2013, to bring the violations of City of Boynton Beach Code sections as cited into compliance. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that a fine in the amount of $500 per occurrence of the violation thereafter shall be imposed upon the Respondent. Ms. Carroll seconded the motion that unanimously passed. 17 Meeting Minutes Code Compliance Board Boynton Beach, FL June 1, 2013 SHEREEMENM Case No. 13 -827 Zhijun Liu Property Address: 3121 N Evergreen Circle Violation(s): CO CH 2 SEC 2.5 -3 and 2.5 -7 Alarm permit / decal display. Officer Lewis presented the case as in the notice of violation. Staff recommended 15 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that Zhijun Liu 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 July 4, 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 July 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. Ms. Yerzy seconded the motion that unanimously passed. Case No. 13 -832 'Dai Tawale Property Address: 529 NW 11 th Avenue Violation(s): CO CH2.5 SEC 2.5 -3 and 2.5 -7 Alarm permit / decal display. Officer Lewis presented the case as in the notice of violation. Staff recommended 15 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that N'Dai Tawale 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 July 4, 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 July 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. Vice Chair Cale seconded the motion that unanimously passed Case No. 13 -1006 Jillette D. Watson Property Address: 2103 NE 2nd Court 18 Meeting Minutes Code Compliance Board Boynton Beach, FL June 19, 2013 Violation(s): CO CH2 SEC 2.5 -12 +13 Excess false alarms and service fees. Officer Lewis presented the case as in the notice of violation. Staff recommended 30 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Brenner moved that this Board find that Jillette D. Watson 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 July 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 July 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. Yerzy seconded the motion that unanimously passed. Case No. 13 -789 Diane Bader Trust Property Address: 716 W. Ocean Avenue Violation(s): CO CH13 SEC 13 -16 CO CH15 SEC 15- 120(D) Inc. & (E) Inc. Mow overgrown yard and maintain. Paint garage door, apply and pass inspection for Business Tax Receipt for rental property. Officer Cain presented the case as in the notice of violation. Staff recommended 15 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that Diane Bader Trust is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before July 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 $100 per day for each day the violations continue past July 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. Ms. Carroll seconded the motion that unanimously passed. 9 Meeting Minutes Code Compliance Board Boynton Beach, FL June 19, 2013 Case No. 13 -793 Wells Fargo Bank NA (74 Rosewood Circle) Property Address: 74 Rosewood Circle Violation(s): CO CH10 SEC 10 -51.5 (Inc. Property that is vacant or subject to current notice of default must be maintained per City Code. Trim all hedges and shrubs and maintain. Officer Cain presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that Wells Fargo Bank NA (74 Rosewood Circle) 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 29, 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 29, 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 -818 Victor Cook Property Address: 653 SW 1 st Court Violation(s): CO CH15 SEC 15- 1210(D) Inc. Mow overgrown yard, remove stored furniture from open carport. Officer Cain presented the case as in the notice of violation. The Respondent is a repeat violator. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Victor Cook 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 29, 2013. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $250 per day for each day the violation continues past June 29, 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 20 Meeting Minutes Code Compliance Board Boynton Beach, FL June 19, 2013 the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case No. 13 -828 Carl L. Morobitto Jr. Property Address: 1020 SW 4th Street Violation(s): CO CH15 SEC 15- 120(D) Inc. LDR CH3 ART V SEC 2 Mow overgrown yard. Trim hedges. Remove dilapidated shed from side rear yard. Officer Cain presented the case as in the notice of violation. Staff recommended 15 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Carl L. Morobitto Jr. is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before July 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 $200 per day for each day the violations continue past July 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. Vice Chair Cole seconded the motion that unanimously passed. Case No. 13 -925 Bank of America (437 SW 10th Avenue) Property Address: 437 SW 10th Avenue Violation(s): CO CH1- SEC 10 -51.5 Inc. Property that is vacant or subject to current notice of default must be maintained per City Code. Mow overgrown yard. Trim hedges. Remove or replace fence. Officer Cain presented the case as in the notice of violation. Staff recommended 15 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Bank of America (437 SW 10th Avenue) 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 July 4, 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,. 21 Meeting Minutes Code Compliance Board Boynton Beach, FL June 19, 2013 a fine in the amount of $250 per day for each day the violation continues past July 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. Vice Chair Cole seconded the motion that unanimously passed. Case No. 13 -958 Federal National Mortgage Assoc. (615 S 2nd Avenue.) Property Address: 615 SW 2nd Avenue Violation(s): CO CH15 SEC 15- 120(D) Inc. CO CH 13 SEC 13 -16 Mow overgrown yard and maintain. Apply for and pass Business Tax Receipt Inspection for rental property. Officer Cain presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that Federal National Mortgage Assoc. (615 SW 2nd Avenue) 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 June 29, 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 June 29, 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 -984 Vela Cadet, Simone V. Joseph, Oslet Ostac Vincent Property Address: 118 SW 9th Avenue Violation(s): CO CH15 SEC 15- 120(D) Inc. Remove pallets, wood, trash and debris from property. Remove fence gates from carport. Officer Cain presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Vela Cadet, Simone V. Joseph, Oslet & Ostac Vincent 22 Meeting Minutes Code Compliance Board Boynton Beach, FL June 19, 2013 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 June 29, 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 $200 per day for each day the violation continues past June 29, 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 -372 OWB REO LLC (2304 SW 20th Way) Property Address: 2304 SW 20th Way Violation(s): CO CH10 SEC 10 -51.5 Inc. Property that is vacant or subject to current notice of default must be registered with the City and maintained per City Code. Register property. Remove blue tarp and repair or replace roof. Officer Guillaume presented the case as in the notice of violation. Staff recommended 30 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case. Vice Chair Cole moved that this Board find that OWB REO LLC (2304 SW 20th Way) 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 July 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 $350 per day for each day the violation continues past July 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. Yerzy seconded the motion that unanimously passed. Case No. 13 -693 Michael Sanches Property Address: 2221 MW 1 st Street Violation(s): CO CH15 SEC 15- 120(D) Inc. Mow overgrown yard. Officer Guillaume presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violations. 23 Meeting Minutes Code Compliance Board Boynton Beach, FL June 19, 2013 Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cale moved that this Board find that Michael Sanches 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 29, 2013. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $300 per day for each day the violation continues past June 29, 2013, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Yerzy seconded the motion that unanimously passed. Case No. 13 -696 Dalland Properties LP Property Address: 1930 NW 2nd Court Violation(s): CO CH 13 SEC 13 -16 Apply for and pass Business Tax Receipt inspection for rental property. Officer Guillaume presented the case as in the notice of violation. Staff recommended 15 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cale moved that this Board find that Dalland Properties 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 July 4, 2013. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $300 per day for each day the violation continues past July 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. Ms. Carroll seconded the motion that unanimously passed. Case No. 13 -918 Stewardship Fund No. 3 LP Property Address: 550 NW 11 th Avenue Violation(s): CO CH 10 SEC 10 -56 (H) Remove bees from building. Officer Guillaume presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violations. 24 Meeting Minutes Code Compliance Board Boynton Beach, FL June 19, 2013 Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Stewardship Fund No. 3 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 June 29, 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 $400 per day for each day the violation continues past June 29, 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 seconded the motion that unanimously passed Case No. 13 -387 Marcia Sheehan Property Address: 725 Shore Drive Violation(s): BBA FBC 2010 ED. 105.1 LDR CH3 ART IV SEC 3(C) Secure permit with Development Department for Tiki / Chicki Hut installed on the property. Officer Lewis presented the case as in the notice of violation. Staff recommended 30 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Marcia Sheehan 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 July 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 $300 per day for each day the violations continue past July 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 unanimously passed. Case No. 13 -375 JHA Holdings 1 LLC Property Address: 204 SW 1 st Avenue Violation(s): CO CH13 SEC 13 -16 CO CH15 SEC 15- 120(D) Inc. Apply for and pass inspection for Business Tax Receipt. Remove all outside storage from all units. 25 Meeting Minutes Code Compliance Board Boynton Beach, FL June 19, 2013 Officer Roy presented the case as in the notice of violation. Staff recommended 15 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that JHA Holdings 1 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 July 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 July 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. Ms. Carroll seconded the motion that unanimously passed. Case No. 13 -571 Rolande Lovinsky & Amson Cetoute Property Address: 508 NW 8th Street Violation(s): CO CH15 SEC 15- 120(D) Inc. CO CH10 SEC 10 -2 Remove outside storage of chairs, boxes, appliances, clean up backyard. Repair, replace or remove damaged fence. Install minimum four -inch house numbers on home to be visible from the street. Officer Roy presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Rolande Lovinsky & Amson Cetoute 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 June 29, 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 $300 per day for each day the violations continue past June 29, 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 -615 12312 Wilkins Avenue LLC Property Address: 1340 Piazza Pitti 26 Meeting Minutes Code Compliance Board Boynton Beach, FL June 19, 2013 Violation(s): CO Ch13 SEC 13 -16 Apply for and pass inspection for Business Tax Receipt for rental property. Officer Roy presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Brenner moved that this Board find that 12312 Wilkins Avenue 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 June 29, 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 June 29, 2013, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Yerzy seconded the motion that unanimously passed. Case No. 13 -616 12312 Wilkins Avenue LLC Property Address: 1480 Via Alferi Violation(s): CO Ch13 SEC 13 -16 Apply for and pass inspection for Business Tax Receipt for rental property. Officer Roy presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that 12312 Wilkins Avenue 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 June 29, 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 29, 2013, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed 5 -1 (Ms. Yerzy dissenting.) Case No. 13 -635 Raymond & Lois Marcinkoski Tr — L.T. Automotive Inc. 27 Meeting Minutes Code Compliance Board Boynton Beach, FL June 19, 2013 Property Address: 510 W. Industrial Ave. Violation(s): CO CH13 SEC 13 -16 Operating a business within the City limits of Boynton Beach without Business Tax Receipt. Officer Roy presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Raymond & Lois Marcinkoski Tr — L.T. Automotive Inc. 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 June 29, 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 June 29, 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 -747 Sky Boynton Holdings LLC — T Mobile South LLC Property Address: 310 N. Congress Avenue Violation(s): BBA FBC 2010 ED 105.1 Obtain building permits for store front, customer counter and electrical repairs. Work performed without proper building permits. Red tag. 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 Sky Boynton Holdings LLC — T Mobile South LLC 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 June 29, 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 June 29, 2013, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance 28 Meeting Minutes Code Compliance Board Boynton Beach, FL June 19, 2013 Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Yerzy seconded the motion that unanimously passed. Case No. 13 -898 Countrywide Home Loans Inc (6 Valencia Drive) Property Address: CO CH10 SEC 10 -51.5 Inc. Property that is vacant or subject to current notice of default may be registered with the City and maintained per City Code. Register property. Clean and maintain pool in sanitary condition. Officer Roy presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Countrywide Home Loans Inc (6 Valencia Drive) 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 June 29, 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 June 29, 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 Cale seconded the motion that unanimously passed. Case No. 13 -912 Karen Rich Property Address: 7756 Manor Forest Lane Violation(s): CO CJ15 SEC 15- 120(D) Inc. CO CH13 SEC 13 -16 Remove covered car parked in road /swale to the driveway. Apply for and pass Business Tax Receipt needed for rental property. Officer Roy presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Karen Rich 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 June 29, 2013. The Board has considered the gravity of the violations, the 29 Meeting Minutes Code Compliance Board Boynton Beach, FL June 19, 2013 actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $250 per day for each day the violations continue past June 29, 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 -932 Bank of America — US Bank National Association (7904 Manor Forest Lane) Property Address: 7904 Manor Forest Lane Violation(s): CO CH10 SEC 10 -51.5 Inc. Property that is vacant or subject to current notice of default must be maintained per City code. Repair /replace roof in damaged area. Fix fence in disrepair. Officer Roy presented the case as in the notice of violation. Staff recommended 15 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that Bank of America — US Bank National Association (7904 Manor Forest Lane) 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 July 4, 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 $300 per day for each day the violations continue past July 4, 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. Brenner seconded the motion that unanimously passed. Case No. 13 -959 Lawrence W. King Jr. Property Address: 978 Old Boynton Road Violation(s): CO CH 15 SEC 15- 120(D) Inc. CO CH10 SEC 10 -2 Mow, weed and trim overgrowth. Trim hedges and bushes. Remove all outside storage. Officer Roy presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violations. 30 Meeting Minutes Code Compliance Board Boynton Beach, FL J une 19, 2013 Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that Lawrence W. King Jr. is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before June 29, 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 June 29, 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. Brenner seconded the motion that unanimously passed. Case No.13 -675 JP Morgan Chase (2370 NW 2nd Street) Property Address: 2370 NW 2nd Street Violation(s): CO CH10 SEC 10 -51.5 Inc. Property that is vacant or subject to a current notice of default must be registered with the City and maintained per City Code. Register property. Repair driveway apron. Officer Pierre presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that JP Morgan Chase (2370 NW 2nd Street) 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 29 2013. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $250 per day for each day the violation continues past June 29, 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 -911 Chase Home Finance LLC (2325 SW 11th Street) Property Address: 2325 SW 11 th Street Violation(s): CO CH10 SEC 10 -51.5 Inc. Property that is vacant or subject to a current notice of default must be registered with the City and maintained per City Code. Register 31 Meeting (Minutes Code Compliance Board Boynton Beach, FL June 19, 2013 property. Remove dead tree from yard. Mow and trim property. Officer Pierre presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Brenner moved that this Board find that Chase Home Finance LLC (2325 SW 11th Street) 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 29, 2013. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $250 per day for each day the violation continues past June 29, 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 Cale seconded the motion that unanimously passed. Case No. 13 -986 LaSalle Bank National Assoc. (125 SE 27th Place) Property Address: 125 SE 27th Place Violation(s): CO CH10 SEC 10 -51.5 Inc. Property that is vacant or subject to a current notice of default must be registered with the City and maintained per City Code. Register property. Remove dead tree from yard. Remove all unregistered / inoperable vehicles from the property. Officer Pierre presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that LaSalle Bank National Assoc (125 SE 27th Place) 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 29, 2013. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $300 per day for each day the violation continues past June 29, 2013, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance 32 Meeting Minutes Code Compliance Board Boynton Beach, FL June 19, 2013 Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Brenner seconded the motion that unanimously passed. Case No. 13 -989 Marc and Ritha Fervil Property Address: 128 SE 27th Place Violation(s): CO CH15 SEC 15- 120(D) Inc. Remove all unregistered / in operable vehicles from the property. Remove debris from front yard. Officer Pierre presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Marc and Ritha Fervil 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 June 29, 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 $400 per day for each day the violation continues past June 29, 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 Cale seconded the motion that unanimously passed. Case No. 13 -990 Countrywide Home Loans Servicing (170 SE 27th Place) Property Address: 179 SE 27th Place Violation(s): CO C15 SEC 15- 120(D) Inc. CO CH 13 SEC 13 -16 Remove debris from front yard including the refrigerator. Remove unregistered / inoperable vehicles from property. Apply for and pass inspection for Business Tax Receipt needed for rental property Officer Pierre presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violations. It was noted the refrigerator was removed. The tires and vehicles still remained. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that Countrywide Home Loans Servicing (170 SE 27th 33 Meeting Minutes Code Compliance Board Boynton Beach, FL June 19, 2013 P Place) 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 June 29, 2013. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $350 per day for each day the violations continue past June 29, 2013, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Yerzy seconded the motion that unanimously passed. Case No. 13 -991 Judith Lohmann Property Address: 137 SE 27th Avenue Violation(s): CO CH15 SEC 15- 120(D) Inc. Remove outside storage from property. Officer Pierre presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Judith Lohmann 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 29, 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 June 29, 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 -872 Christopher J. Brebbia Property Address: 203 SE 4th Avenue, Apt. B Violation(s): CO CH 15 SEC 15- 120(D) Inc. CO CH10 SEC 10 -56(A) and (B) Remove all outside storage and inoperable vehicles. Officer Roy presented the case as in the notice of violation. Staff recommended 30 days be given to correct the violations. There were a few boats and four or five vehicles on the property. The landlord was threatened with a gun. 34 Meeting Minutes Code Compliance Board Boynton Beach, FL June 1 2 013 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Borrelli moved that this Board find that Christopher J. Brebbia 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 July 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 $500 per day for each day the violations continue past July 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. Yerzy seconded the motion that unanimously passed. Case No. 13 -877 Deutsche Bank National Trust (203 SE 4th Avenue) Property Address: 203 SE 4th Avenue Violation(s): CO CH10 SEC 10 -51.5 Inc. Property that is vacant or subject to current notice of default must be registered with the City and maintained per City Code. Register property. Remove all outside storage. Mow, weed, and trim including hedges. Officer Roy presented the case as in the notice of violation. Staff recommended 30 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that Deutsche Bank National Trust (203 SE 4th Avenue) 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 July 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 $300 per day for each day the violation continues past July 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. Yerzy seconded the motion that unanimously passed. Case No. 13 -881 James Tuccillo Property Address: 212 SE 1 st Avenue Violation(s): CO CH 10 SEC 10 -56(A) (B) (D) Mow, weed and trim all overgrowth. Repair fence. 35 Meeting Minutes Code Compliance Board Boynton Beach, FL June 19, 2013 Officer Roy presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that James Tuccillo 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 29, 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 June 29, 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 -895 Bank of New York Mellon (405 SE 1st Street) Property Address: 405 SE 1 st Street Violation(s): CO CH10 SEC 10 -51.5 Inc. Property that is vacant or subject to current notice of default must be registered with the City and maintained per City Code. Register property. Remove all outside storage. Mow, weed, and trim including hedges. Officer Roy presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Bank of New York Mellon (405 SE 1 st Street) 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 29, 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 June 29, 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 -899 US Bank National Assoc. (202 SE 1st Street) Property Address: 202 SE 1 st Street 36 Meeting Minutes Code Compliance Board Boynton Beach, FL June 19, 2013 Violation(s): CO CH 10 SEC 10 -51.5 Inc. Property that is vacant or subject to current notice of default must be registered with the City and maintained per City Code. Register property. Remove horticultural debris. Mow, weed, and trim all overgrowth. Repair fence gate. Officer Roy presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that US Bank National Assoc. (202 SE 1st Street) 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 June 29, 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 June 29, 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. Officer Lewis recommended the following case receive "No Fine". - Case No. 13 -263 Bank of New York Mellon 273 NW 1st Street Motion Based on testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent, Bank of New York Mellon, was in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Order of April 17, 2013, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation and the previous violations of the Respondent, that this Board impose and certify "No Fine." Vice Chair Cole seconded the motion that unanimously passed. Officer Lewis requested the following cases be tabled to July 17, 2013: Case No. 12 -1721 Thomas McGraw 118 SE 29th Avenue 37 Meeting Minutes Code Compliance Board Boynton Beach, FL June 19, 2013 Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on July 17, 2013. Vice Chair Cole seconded the motion that unanimously passed. Case No. 12 -2425 Frederic & Michele Mance 9 Bentwater Circle Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on July 17, 2013. Vice Chair Cole seconded the motion that unanimously passed. Officer Lewis recommended the following case be tabled to September 8, 18, 2013: Case No. 12 -636 Ralph Lowe 1619 NE 3rd Street Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on September 8, 18 2013. Vice Chair Cole seconded the motion that unanimously passed. Officer Lewis read the following into the record: "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 amount established by the Board in the Orders of Violation for each case, as set forth on the docket Case No. Name Address Amount 13 -160 Bank of New York 5 Corrie PI. $250 13 -238 Ari M. Hukki 26 Valencia Dr. $50 13 -244 Khadi Wurie 4 Las Sendas $500 13 -252 CitiMortgage Inc. 5 Baytree Cir. $300 13 -81 Zhi Rui Chen 117 SE 22nd Ave. $1,000 13 -431 Edward & Wendy Haukland 232 SW 4th Ave. $350 13 -288 Brenda Bryant 2122 NE 1st St. $500 38 Meeting Minutes Code Compliance Board Boynton Beach, FL June 19, 2013 13 -367 Benjamin E. Leonard 391 NE 27th Ave $500 13 -369 Brian Keith & Michele Bouie 351 NE 27th Ave. $500 13 -397 Donald L. Smith, Jr. 2622 NE 4th Ct. $1,000 13 -399 Nelson A. Heath 501 NE 25th Ave. $500 13 -400 US Bank National Assoc Tr. 426 NE 26th Ave. $500 12 -2119 Lewis & Cerise Meyers 521 Industrial Ave. $250 13 -260 Craig Tobin 714 NW 7th St. $200 Motion Based upon the sworn testimony of the City's Code Enforcement Officer that the listed cases are not in compliance, the fact that no Respondents from the cases listed by the Code Enforcement Officer are present, and this Board's previous finding in each case of the amount of the fine and in consideration of the gravity of each violation, actions taken by each Respondent to remedy the violation, and previous violations of each Respondent, Vice Chair Cole moved that the fines be certified in the cases as requested by the Code Officer. Ms. Carroll seconded the motion that unanimously passed. Officer Lewis recommended a Cease and Desist Order at $250 per occurrence for 39 occurrences for the following case: Case No. 12 -1224 Andre J. Jean 201 NE 16th Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy move that this Board find that the Respondent on April 5, 2013 to May 13, 2013, did not comply with this Board's Cease and Desist Order dated August 15, 2012, and having considered the gravity of the violations, and the actions taken by the Respondent that this Board impose and certify a fine in the amount of $250 per occurrence for 39 occurrences plus administrative costs. Ms. Carroll seconded the motion that unanimously passed. Officer Lewis recommended a Fine Certification at $1,000 per day and Nuisance Abatement for the following case: Case No. 13 -282 Thora R. Cargill 3100 Ocean Parkway Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated April 17, 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 $1,000 per day plus administrative costs which shall continue to accrue until 39 Meeting Minutes Code Compliance Board Boynton Beach, FL June 19, 2013 the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Yerzy seconded the motion that unanimously passed. Motion Based on testimony and evidence presented in the aforementioned case, Ms. Yerzy 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. Adjournment Motion There being no further business to discuss Ms. Carroll moved to adjourn. Ms. Yerzy seconded the motion that unanimously passed. The meeting was adjourned at 8:44 p.m. Ojkitz ( Catherine Cherry Minutes Specialist 062013 40