Minutes 07-17-13 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON
WEDNESDAY, JULY 17, 2013, AT 6:30 P.M., IN COMMISSION CHAMBERS
CITY HALL, 1 E. BOYNTON BE BO ULEVA RD, BOY BE ACH, FLORIDA
PRESENT:
Michele Costantino, Chair Shana Bridgeman, City Attorney
Gary Cole, 1st Vice Chair Diane Springer, Code Compliance Coordinator
Alan Borrelli
Carol Brenner (arrived 6:39 p.m.)
Kathleen Carroll
ABSENT:
Rose Marie Yerzy, Interim 2nd Vice Chair
I. 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, and June 26, 2013, Lien Reduction Minutes
Motion
Vice Chair Cole so moved to approve the May 15, 2013 minutes. Ms. Carroll seconded
the motion that unanimously passed.
Motion
Vice Chair Cole so moved to approve the May 22, 2013 minutes. Ms. Carroll seconded
the motion that unanimously passed.
Motion
Vice Chair Cale so moved to approve the June 26, 2013 minutes. Ms. Carroll seconded
the motion that unanimously passed.
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Meeting Minutes
Code Compliance Board
Boynton Beach, Florida July 17, 2013
III. Approval of Agenda
Pete Roy, Chief Code and Rehabilitation Officer, announced the following changes
to the agenda:
Case 12 -1937 was removed.
Case Nos. 13 -576, 13 -1023, and 13 -1031 complied.
Case 13 -900 would be closed and the owner re- cited.
(Ms. Brenner arrived.)
Case 13 -777 was requested to be tabled to August 21, 2013.
Motion
Vice Chair Cole 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 13 -1024 was requested to be tabled to August 21, 2013.
Motion
Vice Chair Cole 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.
Motion
Ms. Carroll moved to approve the agenda as amended. Vice Chair Cole 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 Roy called the roll and determined who was present.
Case No. 13 -908 JP Morgan Chase Bank (191 SE 27th Ave.)
Property Address: 191 SE Avenue
Violation(s): CO CH 10 -51.5 Inc.
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Code Compliance Board
Boynton Beach, Florida July 17, 2013
Property that is vacant or subject to a current
notice of default must be registered and
maintained per City Code. Trim overgrowth
and remove horticultural debris. Clean and
maintain pool.
Officer Roy presented the case as in the notice of violation. The initial inspection date
was April 29, 2013, for overgrown vegetation and the pool. Written notice gave 10 days
to correct the violations. Notice was sent April 30, 2013. Certified mail was sent May
15, 2013, and the green card was signed on April 20, 2013. The property was still not
registered. Staff recommended 10 days be given to correct the violations.
Marguerite White, Esq. with Ronald R. Wolfe & Associates, 4919 Memorial
Highway, Suite 200,Tampa, pled guilty. She advised the borrowers filed bankruptcy
on May 28, 2013, so the Bank had to cease efforts to move forward. They have not
obtained the certificate of title, and have not received relief from the bankruptcy. She
was unsure how long that would take. If they filed for bankruptcy and it was still
inhabited, the Bank cannot do anything.
Chair Costantino inquired if the bank has a maintenance crew. Attorney White explained
the Bank has a preservation team, but she was not notified the property was vacant.
She requested as much time as the Board would allow. Officer Roy advised the
property was vacant, not registered, still overgrown, the horticultural debris still exists
and the pool is a mess. The pool is not secure, due to missing screens on the screen
room. He had photographs he showed the Respondent and the Board.
Attorney White explained they received the judgment on February 28, 2013, and a sale
was scheduled. The owner filed for bankruptcy, so they could not go to sale. Ms.
Brenner pointed out there is a mortgagee clause and the Bank is responsible. This was
important due to the pool and the neighborhood.
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 (191 SE 27th Ave.) 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 27, 2013. The Board has considered
the gravity of the violation, the actions taken by the Respondent and any previous
violations by the Respondent and hereby orders that if the Respondent does not comply
with this Order, a fine in the amount of $1,000 per day for each day the violation
continues past July 27, 2013, plus administrative costs shall be imposed. The
Respondent is further ordered to contact the City of Boynton Beach Code Compliance
Division in order to arrange for re- inspection of the property to verify compliance with
this Order. Ms. Carroll seconded the motion that unanimously passed.
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Code Compliance Board
Boynton Beach, Florida July 17, 2013
Case No. 13 -467 Marta R. Pejouhy
Property Address: 152 SE 28 Avenue
Violations: CO CH 10, SEC 10 -56 (B)
Repair or replace roof.
Officer Roy commented, Andrew Mack, the Chief Building Official, requested this case
be tabled to the meeting next month.
Motion
Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance
Board meeting to be held on August 21, 2013. Vice Chair Cole seconded the motion
that unanimously passed.
Case No. 13 -338 JP Morgan Chase Bank 1802 Meadows Circle
1802 Meadows Circle.
Courtney Cain, Code Compliance Officer, presented the case as in the notice of
violation. The hearing date was May 15, 2013, and no one appeared. The compliance
date and fine set by the Board was May 25, 2013 or a fine of $500 per day would be
imposed thereafter. The violations still exist having 52 days of non - compliance.
Marguerite White, Esq, with Ronald R. Wolfe & Associates, 4919 Memorial
Highway Suite 200,Tampa, explained she tried to obtain additional information why
the violation was not addressed and had no explanation. Chair Costantino explained it
was for a permit for demolition work. Attorney White was aware of the violation, but did
not know why they did not obtain the permit. The work was completed without the
permit. Attorney White was unsure if the property was for sale. She explained often
they are asked to attend meetings at the last minute, and she was unable to obtain
information. She understood if the property was for sale, the violations would make it
difficult to sell.
As to whether everything else was in order, Officer Cain explained it was sited for mold,
but he could not enter the premises to inspect.
Attorney White would communicate with the Bank to obtain the permits. She did not
know the procedure to obtain permits after the work was done, if permits were applied
for or if they were waiting to receive them. She requested, if possible, the case be
reset, now that she was assigned the case, and she would try to obtain additional
information.
Officer Cain explained there was no application submitted.
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Boynton Beach, Florida July 17, 2013
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 May 15, 2013, and having considered the gravity of the violation, the
actions taken by the Respondent, that this Board impose and certify a fine in the
amount of $500 per 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. Brenner seconded the motion that unanimously passed.
Case No. 13 -843 Donald M. Marks
Property Address: 746 W. Ocean Avenue
Violation(s): CO CH 15 SEC 15 -120 (D) Inc.
CH 15 ART IX -15 -120 (A)
CH 10 SEC 10 -56 (D)
Mow overgrown yard and trim hedges and
trees. Cut down hedge in swale area on north
side. Trim trees hanging over road, repair
mailbox, and add house numbers.
Officer Cain presented the case as in the notice of violation. The initial inspection date
was April 26, 2013. Written notice gave 30 days to correct the violation. Notice was
posted on the property on July 8, 2013. Staff recommended 30 days be given.
Don Marks, 746 W Ocean Avenue, pled not guilty. Officer Cain had photos he
presented to the Respondent and the Board.
Mr. Marks explained he just went through the mediation process and the home is in
foreclosure. He has to be out in 90 days. Chair Costantino inquired why he did not
maintain the property. Mr. Marks responded he is on a limited disability income. He
had been maintaining it for years, but could no longer do so. He had someone that
maintained it for him, but they moved. He does not have the income or method to do it
and he was packing up to move.
Mr. Marks signed an Order with the Bank to turn over the keys in 90 days. He had his
neighbor cut the swale grass. There would have been a lis pendens filed, but since he
was in mediation with the Bank, it may have been pulled. If he signed the Order, it
would not be in the court system. The Bank would have to step in and correct the
violations. The Bank could not say they could not do anything, because they signed an
Order he will give them the keys.
The property needs maintenance, but if the Board did not take some action, the case
would be delayed. Chair Costantino expressed whatever action the Board took would
carry over to the Bank when he left. Staff recommended the case be closed and they
would re -cite the new owner.
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Code Compliance Board
Boynton Beach, Florida July 17, 2013
Motion
Ms. Carroll moved to close Case No. 13 -843. Vice Chair Cole seconded the motion that
unanimously passed. Staff would obtain the information on the Bank from the lis
pendens.
Case No. 13 -1121 Elizabeth Duarte
Property Address: 128 SE 6th Avenue
Violation(s): BBA FBC 2010 105.1
Permit required to replace windows and all
interior remodeling.
Officer Cain presented the case as in the notice of violation. The case was a City
referral. The initial inspection date was May 23, 2013. Written notice was sent giving
14 days to correct the violations. Certified mail was sent and the green card was signed
on June 20, 2013. There are safety issues associated with the case. Staff
recommended 15 days be given.
Elizabeth and Nicolas Duarte, 128 SE 6th Avenue, pled no contest. They purchased
the property in late February. The windows were hurricane impact windows. They were
unaware the windows, which were installed in 2009, failed inspection twice. They were
trying to get the notice of acceptance numbers, but the company that sold the windows
was bought out in 2010, and their notice of acceptance numbers expired about 2013.
He did not know if the new company would accept the numbers from the window. The
new company's notice of acceptance would expire in 2017.
Mr. Duarte explained they have the applications for the contractor, electrician and
plumber all signed and ready to go, but until this matter was resolved, they could not
move forward. He had to order one window because the picture window was too big.
They screwed the window together and threw away the mullion bars. Mr. Duarte
ordered the smaller window with the bars in order to install it properly. He commented a
homeowner's permit was originally pulled for the windows and if he could get a
homeowner's (owner /builder) permit, he would be fine, but he did not want to do
anything else because he did not want to be fined.
Motion
Vice Chair Cole 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. 13 -1101 Lloyd S. Thompson
Property Address: 2731 NW 2nd Street
Violation(s): CO CH15 SEC 15 -120 (D) 1 Inc.
Mow yard and trim hedges.
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Code Compliance Board
Boynton Beach, Florida July 17, 2013
Luney Guillaume, Code Compliance Officer, presented the case as in the notice of
violation. The case arose from a routine inspection on May 24, 2013. Written notice
gave 10 days to comply. The certified mail green card was signed on June 7, 2013.
Staff recommended 10 days be given to comply.
Lloyd Thompson explained he had resided at 2721 NW 2nd Street, but he moved a
few years ago and he pled no contest. He can not afford the property so he gave it to
his daughter. He told someone to cut the grass and the renter moved out. He was not
trying to rent the property and gave the property back to the bank.
The property was not yet in foreclosure. He let the Bank know they could take the
property in November of last year. Three or four weeks ago they sent a release
statement and he requested a short sale package which he had not yet received. He
could sell the house or give it back, but he wanted the house to go back to the Bank.
He told lawn maintenance to cut the grass a week and a half ago. Officer Guillaume had
photos he showed the Respondent and the Board.
Motion
Based on the testimony and evidence presented in the aforementioned case, Ms.
Carroll moved that this Board find that Lloyd S. Thompson 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 August 21, 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 August
21, 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.
It was noted the date should be August 16, 2013.
Amended Motion
Ms. Carroll amended her motion to reflect August 16, 2013. Ms. Brenner agreed to the
amendment and the motion unanimously passed.
Case No. 13 -1194 Robert C. and Roberto S. Garcia
Property Address: 159 SE 26th Avenue
Violation(s): CO CH 13 SEC 13 -16
Apply for and pass Business Tax Receipt
Inspection.
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Boynton Beach, Florida July 17, 2013
Officer Cain presented the case as in the notice of violation. The case arose from a
routine inspection. The initial notice was a written notice. Staff recommended 10 days
be given to correct the violation.
Austin Ken Willis, 159 SE 26th Avenue, was representing the property owner. He
was the resident. Ms. Springer did not have an affidavit authorizing him to speak on the
owner's behalf. Mr. Willis explained the first violation was debris outside the residence.
Chair Costantino explained the case pertained to the Business Tax Receipt. Mr. Willis
explained the owner wanted to know if the violation still applied if he occupied one of the
rooms in the home four to six weeks each year. Chair Costantino recommended he
speak with Ms. Springer.
Motion
Based on the testimony and evidence presented in the aforementioned case, Ms.
Carroll moved that this Board find that Robert C. and Roberto S. Garcia 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 August 16, 2013. The Board has
considered the gravity of the violation, the actions taken by the Respondents and any
previous violations by the Respondents and hereby orders that if the Respondents do
not comply with this Order, a fine in the amount of $100 per day for each day the
violation continues past August 16, 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. 12 -2425 Frederic & Michele Mance 9 Bentwater Circle
Officer Cain presented the case as in the notice of violation requiring a permit for a
remodel and structural changes. The case was heard on February 20, 2013. The
Respondents were present. The compliance date and fine set by the Board was to
comply by May 21, 2013, or a fine of $100 per day would be imposed thereafter. The
violation still exists having 56 days of non - compliance.
Frederic and Michele Mance, 9 Bentwater Circle, were present and explained they
hired an architect and contractor. They applied for the permits and were rejected. They
submitted revised plans which were also rejected. The architect is revising the plans for
the den in the back. The plans for the windows and doors were fine, but the den was
delaying the matter. He commented the den came with the house. Mr. Mance also
explained the architect called Officer Cain twice to find out what was wanted on the
plans, but there was no return call. Mr. Mance explained he has a document from the
architect's attorney documenting the phone calls with no return calls received.
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Code Compliance Board
Boynton Beach, Florida July 17, 2013
Officer Cain explained what was submitted was rejected with comments. Chair
Costantino explained the architect needs to speak to the Building Department. Mr.
Mance explained the architect and contractor came to the Building Department twice
and they were trying to comply. Ms. Mance inquired if the Board members had a copy
of the MLS listing showing the den was constructed at the time of sale. Chair
Costantino suggested giving 30 days before certifying the fine. The Respondents
needed assistance from the City advising how to proceed. Ms. Mance explained they
tried to phone the Building Department, but cannot reach them by telephone.
Motion
Ms. Brenner moved that the aforementioned case be tabled until the Code Compliance
Board meeting to be held on August 21, 2013. Vice Chair Cole seconded the motion
that unanimously passed.
Case No. 13 -234 Danie L. Jackson 38 S. Palm Drive
Officer Lewis presented the case as in the notice of violation. The initial notice of
violation was February 15, 2013, to remove inoperable vehicles and stop storing
vehicles in the right of way. The hearing was held on May 15, 2013, and no one
appeared. The compliance date and fine set by the Board was May 25, 2013, or a fine
of $500 per day would be imposed thereafter. The violation still exists having 52 days of
non - compliance.
Danie L. Jackson, 38 S. Palm Drive, explained the first time he received a letter; it
referred to a car with no tag in the swale area. He commented the vehicle has a tag on
it and he does not park there any more. He inquired where he could park the vehicle
and he would move it.
Officer Lewis explained a Cease and Desist was ordered, but he did not have the
number of occurrences. He only cited him for inoperable vehicles on the property. He
had photographs he showed to the Respondent and Board.
Mr. Jackson explained he purchased the automobiles at auction, but had to make minor
repairs before selling them to the public. He has a location off -site where he sells the
vehicles and was aware they could not be sold at his residence. Officer Lewis explained
the case arose because the vehicles were placed on another individual's properties.
Officer Lewis sited a neighbor across the street, and the car wound up back on his
property. He explained Mr. Jackson never contacted him. Mr. Jackson thought he was
being sited for the one vehicle and was unaware it was for the vehicles in the yard.
Chair Costantino explained he has a fine of $500 per day running. Mr. Jackson
contended the vehicles have tags. Officer Lewis inquired why he had not contacted him
as there was much work done in preparation for the hearing. Chair Costantino
explained he has accrued a fine of $26,634 and he should have addressed this in
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Code Compliance Board
Boynton Beach, Florida July 17, 2013
February. Chair Costantino explained how a Cease and Desist Order works and pointed
out the Cease and Desist was $1,000 per occurrence. Although the Board was not
certifying any occurrences at this time, she cautioned they could in the future. After
further discussion, it was noted minor repairs to personal vehicles were permissible.
Residents can sell three vehicles per year.
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 May 15, 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. Carroll seconded the motion for discussion.
Mr. Borelli commented it appeared the Respondent was using his driveway to buy and
sell cars. He inquired if that was a prohibited activity. Officer Lewis explained that would
be a separate case; however, there were no witnesses to vehicles being sold from the
property. Mr. Jackson commented he had a dealer's license and the address listed
Lake Park. Once the matter was addressed, Mr. Jackson could appear for a lien
reduction.
Vote
The motion unanimously passed.
Case No. 11 -612 Anthony Varano, Jr. Anthony Varano Sr 1410 Via de Pep!
Marianna Varano
Diane Springer, Code Compliance Coordinator, presented the case as in the notice
of violation. The notice of violation was sent March 10, 2011 to obtain a Business Tax
Receipt. The case was heard April 20, 2011, and no one appeared. The compliance
date and fine set by the Board was to comply by April 20, 2011, or a fine of $75 per day
would be incurred thereafter. The violations were corrected after 551 days of non-
compliance.
The applicant met all the requirements to appear for the lien reduction. They paid the
application fee, and a water bill of over $600 from the former tenant. The original notice
of hearing was sent, the green card signed and returned. The case arose as a
complaint from animal control. The property does have a current Business Tax Receipt.
Neil Tygar, Esq., representing the Respondent, 5341 W. Atlantic Avenue, Delray
Beach, and Anthony Varano, Sr., the Respondent, 7283 Via Leonardo, Lake
Worth, were present. Attorney Tygar explained the property was occupied by Mr.
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Code Compliance Board
Boynton Beach, F lorida July 17, 2013
Varano Sr.'s son, who vacated the property and moved to a larger home to
accommodate a new child. The property was vacant for around a year, and Mr. Varano.
Sr., then rented the property. The unit was rented for less than two months as the
tenant had problems. Mr. Varano, Sr., was unaware he needed the Business Tax
Receipt and at that time had not received anything from Code Compliance because he
did not live there. When he found out about the lien a year later, during the process of
selling another property as a short sale, he immediately complied. Since then, he paid
two lien releases on other properties in the amount of $750. For his poor judgment in
renting without a Business Tax Receipt, he incurred substantial repair bills, paid $1,500
in release fines plus all the other expenses and the water bill He requested a reduction
to the lowest amount allowed.
Ms. Springer had a copy of the notice of violation she showed to the Respondent and
the Board. Chair Costantino noted the total amount for the partial releases was
$1,460.13. Mr. Varano had other properties in Renaissance Commons he was selling
and this lien was holding up the sale of those properties so the City prepared partial
releases at the amount of administrative costs. Attorney Tygar pointed out the sales
were short sales, and he did not receive monies or profit from them. He wanted to
liquidate them. Mr. Varano Sr. did not recognize the signature on the green card. He
has three children and he purchased one property for each child. They did move into
the units, but they ended up leaving. The tenant that moved out had problems with
animal control and Mr. Varano believed he was arrested.
Chair Costantino pointed out he should have made it his responsibility to learn about the
rules in the City. Mr. Varano responded affirmatively, and reiterated he did not learn
about the violations until he tried to sell one of the units.
The summons was addressed to his son because he homesteaded the property. The
notice was posted on the door, but Mr. Varano, Sr., never saw the posting. He learned
of it when he went to contract on a short sale. Chair Costantino inquired about the
address on file with the Property Appraiser's office and it was ascertained, when the son
left, he did not update his address with the County.
Chair Costantino inquired about the water bill paid. Ms. Springer responded one bill
was over $600 and she noticed there was an outstanding amount for the current tenant
which he paid. The total amount paid was about $800.
Attorney Tygar requested the Board consider Mr. Varano, Sr., is not a professional
landlord. The interior of the unit was damaged from the animals and Mr. Varano, Sr.,
worked with Officer Roehrich from Animal Control and met her at the unit several times
to rectify what she wanted corrected. To his knowledge, the matter was left in good
standing and that was why Mr. Varano, Sr., did not know any of this transpired.
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Code Compliance Board
Boynton Beach, Florida July 17, 2013
He felt the issue with animal control would not have concluded unless all was corrected.
He was unaware of the violations and fines accruing. The Animal Control Officer signed
off, so he thought all was fine.
The property was then vacant. The first short sale occurred in November of last year,
and Mr. Varano, Sr.'s, Attorney was notified of the violations that had to be rectified.
Once done, he contacted Ms. Springer. It was noted only this property had the lien, not
the others.
Originally, the mortgage documents were sent to the subject location. Now they go to a
different address. The Bank did not contact him about the lien although the Bank was
cited on the case. Attorney Tygar explained this property was also in foreclosure. If they
can clear the lien, they should be able to sell the unit almost immediately. There was
discussion about the notice dated March 28 being picked up.
Attorney Tygar commented his client made heroic efforts, took care of everything with
animal control, is not a professional landlord, bought homes for his children, had a
vacancy for a year and allowed someone to move in by mistake for two months. This
was a citation given to him about not applying for a Business Tax Receipt for a two
month tenant. Given the amount of time he spent to short sale the property and resolve
the matter, it was not logical for Mr. Varano to intentionally or willfully ignore anything.
Attorney Tygar commented even he was unaware of it. He commented the violation was
not intentional and by the time he was sited, the tenant was out. There was no other
business to get a license for, but Mr. Varano, Sr., still got the license.
Chair Costantino contended the owner did not let the proper authorities know of the
proper mailing address. If he had changed the address on the County level, staff would
have known how to contact the proper party. It is not staff's job to search for the
respondent to ensure he /she receives the proper notification. There was nothing that
had to be done other than an inspection. Attorney Tygar reiterated Mr. Varano, Sr.,
paid dearly for a mistake and he suffered for it.
Vice Chair Cale commented the client has not kept up with his properties and thought
allowing a property stand to remain in his son's name when he did not live there was
questionable. Attorney Tygar commented the property was homesteaded when the son
was there. When the son moved, the homestead was transferred when his son bought
another property. Ms. Springer explained the Property Appraiser's site listed the mailing
address as Via de Pepi and there is no exemption.
Motion
Based on testimony and evidence presented in the aforementioned case and having
been advised that the Respondents Anthony Varano, Jr. ,Anthony Varano Sr., and
Marianna Varano have complied with all lien reduction procedures set forth in Section 2-
84 through 2 -89 of the City of Boynton Beach Code of Ordinances, Ms. Carroll moved
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Code Compliance Board
Boynton Beach, Florida July 17, 2013
that this Board reduce the fines instituted in the aforementioned case by virtue of this
Board's Order of April 20, 2011, to an amount of $2,730.15, including administrative
costs. Mr. Borelli seconded the motion that unanimously passed. It was noted the
reduction included the City's inspection costs.
Case No. 13 -509 Bernie & Colleen Hoffman 940 Greenbriar Drive
The Respondent identified himself and Attorney Bridgeman administered an oath to
him.
Officer Cain presented the case as in the notice of violation. The notice of violation was
March 20, 2013, to remove a basketball hoop from the right -of -way. The hearing was
May 15, 2013 and no one appeared. The compliance date and fine set by the Board
was May 25, 2013 or $500 per day thereafter. The violations still exist having 52 days of
non compliance.
Mr. Hoffman, 940 Greenbriar Drive, explained he bought a basketball hoop for his
children that he put in front of his house. It has a base filled with sand that weighs
about 200 pounds. Within a week or two, someone from the City advised him the hoop
could not be on the street so he moved the hoop onto his lawn. Three months go by and
he never heard anything. He thought he complied. The hoop slightly stuck out over the
lawn. He called and spoke to Officer Cain and was told if it encroached over the street,
he should turn the hoop around when not in use. He spun it around to face the house
and was still receiving letters. He called again and was told turning it around was not
sufficient as there is an easement and the hoop had to be placed by the garage. He was
not aware of the legalities, but he commented he would like to get rid of the hoop or
donate it.
Chair Costantino inquired why he did not show up when he received the hearing notice.
Mr. Hoffman responded this was the first letter he remembered receiving. Officer Cain
showed the signature card to the Respondent and Chair Costantino pointed out the
letter reads "You are hereby ordered to appear before the Code Compliance Board on
May 15, 2013." Mr. Hoffman commented had he known he had to show up, he would
have.
The current fine was $26,634.12 and the Board was preparing to certify the fine. Mr.
Hoffman explained he was told to turn the hoop around and send Officer Cain a picture
by email which he did. He had the picture on his phone. Officer Cain confirmed Mr.
Hoffman did call him and testified that what Mr. Hoffman told the Board was not correct.
Officer Cain explained any time he believes he has a difficult resident, his supervisor
gets involved. Officer Roy was in the office and he brought it to the attention of Ms.
Springer there may be a situation. Officer Cain showed the Respondent a photograph
and Mr. Hoffman agreed it was an accurate image of his house. Officer Cain explained
even after the conversation, he tried to make it clear to Mr. Hoffman there was a right -
of -way six or seven feet into the yard and it would be best to move the hoop closer to
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Boynton Beach, Florida July 17, 2013
the garage. Mr. Hoffman commented he had inquired what was wrong with the hoop
being on his lawn with just the hoop sticking out. Officer Cain reiterated the hoop was in
the right -of -way.
There was brief dialogue whether to table the case or certify the fine.
Chair Costantino explained people should understand that when they buy a single -
family home, they do not own the land near the street. Officer Cain offered to show Mr.
Hoffman the right -of -way line.
Motion
Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance
Board meeting to be held on August 21, 2013. Vice Chair Cole seconded the motion
that unanimously passed.
Chair Costantino recommended Mr. Hoffman remove the hoop, call Officer Cain and
have him inspect the property and the Board will see him next month and they will
decide the disposition of the case. Mr. Hoffman explained he would donate it. Chair
Costantino suggested he contact the Police Department PAL Program.
Case No. 13 -1105 Clarence Hullfish
Property Address: 2931 S. Seacrest Boulevard
Violation(s): CO CH 2.5 SEC 2.5- 3 +2 -5.7
Excessive alarms.
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 Clarence Hullfish 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 27, 2013. The Board has considered the gravity of the
violation, the actions taken by the Respondent and any previous violations by the
Respondent and hereby orders that if the Respondent does not comply with this Order,
a fine in the amount of $50 per day for each day the violation continues past July 27,
2013, plus administrative costs shall be imposed. The Respondent is further ordered to
contact the City of Boynton Beach Code Compliance Division in order to arrange for re-
inspection of the property to verify compliance with this Order. Ms. Carroll seconded
the motion that unanimously passed.
Case No. 13 -1149 Larry E. Bellamy
Property Address: 4160 Key Lime Boulevard
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Violation(s): CO CH 2.5 SEC 2.5- 3 +2 -5.7
Excessive alarms.
Officer Roy presented the case as in the notice of violation. Staff recommended 10 days
be given for compliance.
Motion
Based on the testimony and evidence presented in the aforementioned case, Vice Chair
Cole moved that this Board find that Larry E. Bellamy 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 27, 2013. The Board has considered the gravity of the
violation, the actions taken by the Respondent and any previous violations by the
Respondent and hereby orders that if the Respondent does not comply with this Order,
a fine in the amount of $50 per day for each day the violation continues past July 27,
2013, plus administrative costs shall be imposed. The Respondent is further ordered to
contact the City of Boynton Beach Code Compliance Division in order to arrange for re-
inspection of the property to verify compliance with this Order. Ms. Carroll seconded
the motion that unanimously passed.
Case No. 13 -1162 Timothy M. Clay
Property Address: 632 NE 20th Lane
Violation(s): CO CH 2.5 SEC 2.5- 3 +2 -5.7
Excessive alarms.
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 Timothy M. Clay 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 27, 2013. The Board has considered the gravity of the
violation, the actions taken by the Respondent and any previous violations by the
Respondent and hereby orders that if the Respondent does not comply with this Order,
a fine in the amount of $50 per day for each day the violation continues past July 27,
2013, plus administrative costs shall be imposed. The Respondent is further ordered to
contact the City of Boynton Beach Code Compliance Division in order to arrange for re-
inspection of the property to verify compliance with this Order. Ms. Carroll seconded
the motion that unanimously passed.
Case No. 13 -1257 Timothy All, Cla Peter Ambrosio & Mark & Nancy Arner
Property Address: 632 NE 20th Lane 94 Mayfair Lane
Violation(s): CO CH 2.5 SEC 2.5- 3 +2 -5.7
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Code Compliance Board
Boynton Beach, Florida July 17, 2013
Excessive alarms.
Officer Roy requested this case be tabled to August 21, 2013.
Motion
Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance
Board meeting to be held on August 21, 2013. Vice Chair Cole seconded the motion
that unanimously passed.
Case No. 13 -1015 Ka Hock D. & Jeanne Go
Property Address: 301 W. Boynton Beach Boulevard
Violation(s): CO CH15 SEC 15 -120 (D) 1 Inc.
Repair or remove fence.
Officer Guillaume presented the case as in the notice of violation. Staff recommended
15 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 Ka Hock D. & Jeanne Go 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 August 1, 2013. The Board has considered the gravity of the
violation, the actions taken by the Respondents and any previous violations by the
Respondents and hereby orders that if the Respondents do not comply with this Order,
a fine in the amount of $500 per day for each day the violation continues past August 1,
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.
Chair Costantino noted they are a repeat violator and requested a higher fine.
Vote
Vice Chair Cole amended his motion to reflect a fine amount of $1,000 per day. Ms.
Carroll agreed to the amendment and the motion unanimously passed.
Case No. 13 -1169 David & Mirtha Saget
Property Address: 322 SW 7th Avenue
Violation(s): CO CH15 SEC 15 -120 (D) (E) 1 Inc.
CO CH10 SEC 10 -56 (A) (D)
Install four -inch numbers on home visible from
street. Repair fence or remove. Remove
oversized vehicles from the property. Remove
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Code Compliance Board
Boynton Beach, Florida July 17, 2013
blue tarp and repair roof. Remove trash and
debris.
Officer Cain presented the case as in the notice of violation. Staff recommended 30
days to correct the violation.
Motion
Based on the testimony and evidence presented in the aforementioned case, Vice Chair
Cole moved that this Board find that David & Mirtha Saget 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 August 16, 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 $1,000 per day for each day the violations continue past August
16, 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 -665 Alvin Flint & Alfred Dort
Property Address: 310 Ocean Parkway
Violation(s): CO CH15 SEC 15 -120 (D) 1 Inc.
CO CH10 SEC 10 -56 (B) (C) (D) and (E)
CO CH10 SEC 10 -58 (A)
CO CH10 SEC 10 -59 (D)
Secure safe electrical service to building and
water service. Secure pool entry and restore to
sanitary condition. Remove inoperable
vehicles, trash and debris. Repair front door
and other structural deficiencies with the front
door /entrance.
Officer Lewis presented the case as in the notice of violation. The Respondents have
made progress. The power and water is on. They were working on cleaning the pool,
getting rid of the automobile and making some repairs. Staff recommended 30 days to
correct the violations. The pool is secure.
Motion
Based on the testimony and evidence presented in the aforementioned case, Vice Chair
Cole moved that this Board find that Alvin Flint and Alfred Dort 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 August 16, 2013. The Board has considered the
gravity of the violations, the actions taken by the Respondents and any previous
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Code Compliance Board
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violations by the Respondents and hereby orders that if the Respondents do not comply
with this Order, a fine in the amount of $500 per day for each day the violations continue
past August 16, 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 -945 Ernst & Jona Paul
Property Address: 1525 NE 1st Street
Violation(s): BBA FBC 2010 ED 105.1
Obtain permit for windows and front door
replacement. Red tagged.
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, Vice Chair
Cole moved that this Board find that Ernst & Jona Paul 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 August 16, 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 $300 per day for each day the violation continues past August
16, 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 -948 Boynton Beach Aerie 3944 Inc.
Fraternal Order of Eagles
Property Address: 1002 N. Federal Highway
Violation(s): CO CH 15 SEC 15- 120(D) Inc.
CO CH 10 SEC 10 -52
CO CH13 SEC 13 -16
LDR CH3 ART 11 SEC 6
Cut palms and vegetation back to 30 inches in
height and off the sidewalk 25 feet north and
east of intersection on SW corner of the
property. Remove inoperable vehicles from
property. Cease auto sales from property.
Business Tax Receipt needed to conduct
business.
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Code Compliance Board
Boynton Beach, Florida July 17, 2013
Officer Lewis presented the case as in the notice of violation. He requested a Cease
and Desist Order for the sale of vehicles and inoperable vehicles on the property. 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 a Cease and Desist Order be issued giving Boynton Beach Aerie
3944 Inc. Fraternal Order of Eagles until July 27, 2013, to bring the violations of the City
of Boynton Beach Code sections as cited into compliance. The Board has considered
the gravity of the violations, the actions taken by the 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 Respondents. Ms.
Carroll seconded the motion that passed 4 -1 (Ms. Brenner dissented for discussion.)
Ms. Brenner noted this was in a commercial area and inquired if they should apply for a
license. It was noted this was a service organization.
Revote
The motion unanimously passed.
Case No. 13 -950 Domenick & Flloena Giuliano
Property Address: 2615 NE 1st Court, 105
Violation(s): BBA FBC 2010 Ed. 105.1
Building permit required for patio pavers. Red
tagged.
Officer Lewis presented the case as in the notice of violation. Staff recommended 30
days be given to correct the violation..
Motion
Based on the testimony and evidence presented in the aforementioned case, Vice Chair
Cole moved that this Board find that Domenick & Filomena Giullano 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 August 16, 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 $300 per day for each day the
violation continues past August 16, 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.
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Code Compliance Board
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Case No. 13 -951 Domenick & Filomena Giuliano
Property Address: 2615 NE 1st Court, 109
Violation(s): BBA FBC 2010 Ed. 105.1
Building permit required for patio pavers. Red
tagged.
Officer Lewis presented the case as in the notice of violation. Staff recommended 30
days be given to correct the violation.
Motion
Based on the testimony and evidence presented in the aforementioned case, Vice Chair
Cole moved that this Board find that Domenick & Filomena Giuliano 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 August 16, 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 $300 per day for each day the
violation continues past August 16, 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 -952 Robert J. March
Property Address: 2615 NE 1 st Court, 111
Violation(s): BBA FBC 2010 Ed. 105.1
Building permit required for patio pavers. Red
tagged.
Officer Lewis presented the case as in the notice of violation. Staff recommended 30
days be given to correct the violation.
Motion
Based on the testimony and evidence presented in the aforementioned case, Vice Chair
Cole moved that this Board find that Robert J. March 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 August 16, 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 August
16, 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.
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Code Compliance Board
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Case No. 13 -953 Thomas Matash & Kimberly McDermott
Property Address: 2615 NE 1st Court, 112
Violation(s): BBA FBC 2010 Ed. 105.1
Building permit required for patio pavers. Red
tagged.
Officer Lewis presented the case as in the notice of violation. Staff recommended 30
days be given to correct the violation.
Motion
Based on the testimony and evidence presented in the aforementioned case, Vice Chair
Cale moved that this Board find that Thomas Matash & Kimberly McDermott 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 August 16, 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 $300 per day for each day the
violation continues past August 16, 2013, plus administrative costs shall be imposed.
The Respondents are further ordered to contact the City of Boynton Beach Code
Compliance Division in order to arrange for re- inspection of the property to verify
compliance with this Order. Mr. Borelli seconded the motion that unanimously passed
Case No. 13 -1047 Eric & Cindy Jones
Property Address: 3360 E. Atlantic Drive
Violation(s): CO CH15 SEC 15 -120 (D) Inc.
Mow and trim overgrown yard and swale.
Remove trash and debris.
Officer Lewis presented the case as in the notice of violation. Staff recommended 15
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 Eric & Cindy Jones are in violation of the City of
Boynton Beach Code section cited and moved to Order that the Respondents correct
the violations on or before August 1, 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 August 1,
2013, plus administrative costs shall be imposed. The Respondents are further ordered
to contact the City of Boynton Beach Code Compliance Division in order to arrange for
re- inspection of the property to verify compliance with this Order. Mr. Borelli seconded
the motion that unanimously passed.
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Case No. 13 -1076 Carmelo Campos
Property Address: 330 NE 16th Avenue
Violation(s): CO CH15 SEC 15- 120(D) Inc.
CO CH10 SEC 10 -56 (B)
Mow and trim overgrown yard and swale
areas. Remove trash and debris, plywood,
buckets and other items stored in yard area.
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 Carmelo Campos 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 August 1, 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 $750 per day for each day the violations continue past August 1,
2013, plus administrative costs shall be imposed. The Respondent is further ordered to
contact the City of Boynton Beach Code Compliance Division in order to arrange for re-
inspection of the property to verify compliance with this Order. Mr. Borelli seconded the
motion that unanimously passed.
Case No. 13 -1139 David R. Moody
Property Address: 184 S. Palm Drive
Violation(s): CO CH15 SEC 15 -120 (D) Inc.
Remove inoperable vehicle from the property.
Remove tires, trash and debris.
Officer Lewis presented the case as in the notice of violation. Staff recommended 15
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 David R. Moody 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 August 1, 2013. The Board has considered the gravity of the
violation, the actions taken by the Respondent and any previous violations by the
Respondent and hereby orders that if the Respondent does not comply with this Order,
a fine in the amount of $500 per day for each day the violation continues past August 1,
2013, plus administrative costs shall be imposed. The Respondent is further ordered to
contact the City of Boynton Beach Code Compliance Division in order to arrange for re-
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Code Compliance Board
Boynton Beach, Florida July 17, 2013
inspection of the property to verify compliance with this Order. Mr. Borelli seconded the
motion that unanimously passed.
Case No. 13 -760 American Home Mortgage Service (1103
NW 7 th Court.)
Property Address: 1103 NW 7 th Court
Violations: CO CH10 SEC 10 -51.5 Inc.
Register property. Remove outside storage.
Secure home - back slider unlocked. Clean
pool and maintain in sanitary condition.
Secure pool by replacing torn or missing
screens. Trim bushes and hedges, mow weed
and trim overgrowth.
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 American Home Mortgage Services 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 July 27, 2013. The Board has
considered the gravity of the violations, the actions taken by the Respondent and any
previous violations by the Respondent and hereby orders that if the Respondent does
not comply with this Order, a fine in the amount of $1,000 per day for each day the
violations continue past July 27, 2013, plus administrative costs shall be imposed. The
Respondent is further ordered to contact the City of Boynton Beach Code Compliance
Division in order to arrange for re- inspection of the property to verify compliance with
this Order. Ms. Brenner seconded the motion that unanimously passed.
Case No. 13 -1049 Bank of America (14 Las Islas)
Property Address: 14 Las Islas
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 trash and debris and
outside storage. Mow, weed and trim, trim
overgrown bushes and hedges. Repair or
replace open electric. Replace /repair torn or
missing screens. Exterminate rodents in and
around the house. Make back porch and
home sanitary.
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Code Compliance Board
Boynton Beach, Florida July 17, 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
Cale moved that this Board find that Bank of America is in violation of the City of
Boynton Beach Code section cited and moved to Order that the Respondent correct the
violations on or before July 27, 2013. The Board has considered the gravity of the
violations, the actions taken by the Respondent and any previous violations by the
Respondent and hereby orders that if the Respondent does not comply with this Order,
a fine in the amount of $750 per day for each day the violations continue past July 27,
2013, plus administrative costs shall be imposed. The Respondent is further ordered to
contact the City of Boynton Beach Code Compliance Division in order to arrange for re-
inspection of the property to verify compliance with this Order. Ms. Carroll seconded
the motion that unanimously passed.
Case No. 13 -435 Deutsche Bank National Trust (GMAC
Mortgage LLC (919 NW 3 rd Street)
Property Address: 919 NW 3 rd 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. Remove
debris, mow yard, and trim hedges.
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 Deutsche Bank National Trust (GMAC Mortgage
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 July 27, 2013. The Board has
considered the gravity of the violations, the actions taken by the Respondent and any
previous violations by the Respondent and hereby orders that if the Respondent does
not comply with this Order, a fine in the amount of $200 per day for each day the
violations continue past July 27, 2013, plus administrative costs shall be imposed. The
Respondent is further ordered to contact the City of Boynton Beach Code Compliance
Division in order to arrange for re- inspection of the property to verify compliance with
this Order. Mr. Borelli seconded the motion that unanimously passed.
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Code Compliance Board
Boynton Beach, Florida July 17, 2013
Case No. 13 -803 Washington Mutual Bank Ocwen Loan
Servicing LLP (205 Gulfstream Boulevard)
Property Address: 205 Gulfstream Boulevard.
Violation(s): CO CHI 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. Remove
debris, mow front and back yards and trim.
Property is unsecured.
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 Washington Mutual Bank Ocwen Loan Servicing
LLP 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 July 27, 2013. The Board has
considered the gravity of the violations, the actions taken by the Respondent and any
previous violations by the Respondent and hereby orders that if the Respondent does
not comply with this Order, a fine in the amount of $750 per day for each day the
violations continue past July 27, 2013, plus administrative costs shall be imposed. The
Respondent is further ordered to contact the City of Boynton Beach Code Compliance
Division in order to arrange for re- inspection of the property to verify compliance with
this Order. Mr. Borelli seconded the motion that unanimously passed.
Case No. 3 -805 JP Morgan Chase HS BC Mortgage Services
(3643 SE 2 nd Street)
Property Address: 3643 SE 2 nd 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. Trim
overgrown yard.
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 JP Morgan Chase HSBC Mortgage Services 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 July 27, 2013. The Board has
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Code Compliance Board
Boynton Beach, Florida July 17, 2013
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 July 27, 2013, plus administrative costs shall be imposed. The
Respondent is further ordered to contact the City of Boynton Beach Code Compliance
Division in order to arrange for re- inspection of the property to verify compliance with
this Order. Mr. Borelli seconded the motion that unanimously passed.
Case No. 13 -1092 Bank of America — Countrywide Bank (I IS
SE 31 Avenue)
Property Address: 118 SE 31 st Avenue
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.
Officer Cain 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 Bank of America — Countrywide 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 27, 2013. The Board has considered
the gravity of the violation, the actions taken by the Respondent and any previous
violations by the Respondent and hereby orders that if the Respondent does not comply
with this Order, a fine in the amount of $300 per day for each day the violation continues
past July 27, 2013, plus administrative costs shall be imposed. The Respondent is
further ordered to contact the City of Boynton Beach Code Compliance Division in order
to arrange for re- inspection of the property to verify compliance with this Order. Mr.
Borelli seconded the motion that unanimously passed.
Case No. 13 -1232 Zhi ui Chen
Property Address: 117 SE 22 Avenue
Violation(s): CO CH15- 120(D) Inc.
CO CH20 SEC 20 -7
Remove outside storage from carport and
remove one -ton vehicle. Remove unregistered
inoperable vehicles. Mow yard. Remove dead
tree from front yard.
Officer Cain presented the case as in the notice of violation. Staff recommended 10
days be given to correct the violations.
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Motion
Based on the testimony and evidence presented in the aforementioned case, Vice Chair
Cole moved that this Board find that Zhi Rui Chen is in violation of the City of Boynton
Beach Code sections cited and moved to Order that the Respondent correct the
violations on or before July 27, 2013. The Board has considered the gravity of the
violations the actions taken by the Respondent and any previous violations by the
Respondent and hereby orders that if the Respondent does not comply with this Order,
a fine in the amount of $1,000 per day for each day the violations continue past July 27,
2013, plus administrative costs shall be imposed. The Respondent is further ordered to
contact the City of Boynton Beach Code Compliance Division in order to arrange for re-
inspection of the property to verify compliance with this Order. Mr. Borelli seconded the
motion that unanimously passed.
Case No. 13 -1063 Janet Digiovanni
Property Address: 1310 Via de Pepi
Violation(s): CO CH 13 SEC 13 -16
Apply for and pass inspection for Business Tax
Receipt.
Officer Roy presented the case as in the notice of violation. Staff recommended 30 days
be given to correct the violation.
Motion
Based on the testimony and evidence presented in the aforementioned case, Vice Chair
Cole moved that this Board find that Janet Digiovanni 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 August 16, 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 August
16, 2013, plus administrative costs shall be imposed. The Respondent is further ordered
to contact the City of Boynton Beach Code Compliance Division in order to arrange for
re- inspection of the property to verify compliance with this Order. Mr. Borelli seconded
the motion that unanimously passed.
Case No. 13 -1065 Federal National Mortgage Assoc. (1376 Via
de Pepi)
Property Address: 1376 Via de Pepi
Violation(s): CO CH13 SEC 13 -16
Apply for and pass inspection for Business Tax
Receipt for rental property..
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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 Federal National Mortgage Association 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 27, 2013. The Board has considered
the gravity of the violation, the actions taken by the Respondent and any previous
violations by the Respondent and hereby orders that if the Respondent does not comply
with this Order, a fine in the amount of $150 per day for each day the violation continues
past July 27, 2013, plus administrative costs shall be imposed. The Respondent is
further ordered to contact the City of Boynton Beach Code Compliance Division in order
to arrange for re- inspection of the property to verify compliance with this Order. Mr.
Boreili seconded the motion that unanimously passed.
Case No. 13 -1607 Amazing Houses Inc.
Property Address: 1480 Via de Pepi
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 Amazing Houses Inc. is in violation of the City of
Boynton Beach Code section cited and moved to Order that the Respondent correct the
violation on or before July 27, 2013. The Board has considered the gravity of the
violation, the actions taken by the Respondent and any previous violations by the
Respondent and hereby orders that if the Respondent does not comply with this Order,
a fine in the amount of $399 $150 per day for each day the violation continues past July
27, 2013, plus administrative costs shall be imposed. The Respondent is further ordered
to contact the City of Boynton Beach Code Compliance Division in order to arrange for
re- inspection of the property to verify compliance with this Order. Mr. Boreili seconded
the motion that unanimously passed.
Case No. 13 -1167 James & Mary Jo Gantier
Property Address: 403 SW 6 Avenue
Violation(s): CO CH13 SEC 13 -16
Apply for and pass inspection for Business Tax
Receipt for rental property.
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Code Compliance Board
Boynton Beach, Florida July 17, 2013
Officer Roy presented the case as in the notice of violation. Staff recommended 10 days
be given to correct the violation.
Motion
Based on the testimony and evidence presented in the aforementioned case, Vice Chair
Cole moved that this Board find that James & Mary Jo Gantier 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 27, 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 $300 per day for each day the violation continues past July 27,
2013, plus administrative costs shall be imposed. The Respondents are further ordered
to contact the City of Boynton Beach Code Compliance Division in order to arrange for
re- inspection of the property to verify compliance with this Order. Mr. Borelli seconded
the motion that unanimously passed.
Ms. Brenner noted there were many violations from Renaissance Commons for renting
without a Business Tax Receipt and they have a process to apply for a rental at
Renaissance Commons. She inquired if staff could contact them; however, Ms.
Springer explained Renaissance Commons provides them with a list of units being
rented. It was thought a Business Tax Receipt should be part of their process.
Officer Roy recommended the following cases receive No Fine:
Case No. 13 -343 Rosebud House LLC 121 NE 4 Avenue
Motion
Based on testimony and evidence presented in the aforementioned case, Ms. Carroll
moved that this Board find that the Respondent, Rosebud House LLC, 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 May 15, 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.
Case No. 13 -415 Casa 2 B LLC 206 NW 5th Avenue
Motion
Based on testimony and evidence presented in the aforementioned case, Ms. Carroll
moved that this Board find that the Respondent, Casa 2 B LLC 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 May 15, 2013, and in consideration of the gravity of the
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Code Compliance Board
Boynton Beach, Florida July 17, 2013
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 Roy reported the following case should be tabled to August 29, 2093:
Case No. 12 -1721 Thomas McGraw 118 SE 29 Avenue
Motion
Vice Chair Cole 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.
Officer Roy reported the following case should be tabled to September 18, 2013:
Case No. 08 -3379 Forum Shoppes of Boynton LLC 140 N. Congress Avenue
Motion
Vice Chair Cole moved that the aforementioned case be tabled until the Code
Compliance Board meeting to be held on September 18, 2013. Ms. Carroll seconded
the motion that unanimously passed.
Officer Roy 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 per day
3 -339 Tarpon IV LLC 1815 Meadows Circle W. $500
13 -147 Dalland Properties LP 1 37 NE 11 Ave $500
13 -310 Roy Dean 2601 NE 3 rd Ct. #102 $100
13 -653 Wachovia Mortgage FSB 620 NE 7 th Ave. $500
13 -575 Litha Milfort 504 NW 8 th Ct $100
13 -56 Charmantine Joseph 4016 NW 3 rd St $150
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Code Compliance Board
Boynton Beach, Florida July 17, 2
13 -351 Nelson Antoine 1401 NW 3 rd St $150
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.
Chair Costantino announced she and Ms. Springer attended the City Commission
meeting last month. The Bank owned property with the swimming pool that received a
lien reduction to $65,000 was appealed. The City Commission upheld the ruling.
Adjournment
There being no further business to discuss, Ms. Carroll moved to adjourn. The meeting
was adjourned at 8:41 p.m.
Catherine Cherry
Minutes Specialist
130722
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