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Minutes 08-21-13 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, AUGUST 21, 2013, AT 6:30 P.M., IN COMMISSION CHAMBERS CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Stacey Weinger, City Attorney Gary Cole, 1 st Vice Chair Diane Springer, Code Compliance Coordinator Rose Marie Yerzy, Interim 2nd Vice Chair Alan Borrelli Kathleen Carroll ABSENT: Carol Brenner I. Call to Order Chair Costantino called the meeting to order at 6:30 p.m. II. Approval of Agenda Vestiguerne Pierre, Senior Code Compliance Officer, announced the following changes to the agenda: Case No. 13 -1121 was requested to be tabled for 30 days. Motion Ms. Yerzy 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. Case No. 13 -467 was requested to be tabled for 30 days. Motion Ms. Yerzy 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. The case was tabled because the Building Department was working with the Respondent to repair the house. The motion unanimously passed. 1 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2013 Case Nos. 3 -1176, 13 -1178, and 13 -1310 were removed. Case Nos. 13 -1272, 13 -1289, and 13 -165 complied Case No. 12 -1721 was requested to be tabled for 30 days. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on September 18, 2013. Vice Chair Cole seconded the motion that unanimously passed. Case No. 12 -2425 was requested to be tabled for 30 days. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on September 18, 2013. Vice Chair Cole seconded the motion that unanimously passed. Motion Ms. Yerzy moved to accept the agenda. Ms. Carroll seconded the motion that unanimously passed. III. Swearing in of Witnesses and Introduction Attorney Weinger explained the hearing procedures and administered an oath to all who intended to testify. Officer Pierre called the roll and determined who was present. Case No. 13 -364 Kathleen Biernacki Property Address: 1154 SW 28 Avenue Violation(s): CO CH15 SEC 15- 120(D) 1 INC CO CH20 SEC 20 -6 Remove unlicensed inoperable vehicles from the property. Boat must be registered or removed from the property. Repair the roof. Officer Guillaume presented the case as in the notice of violation. The case arose from a complaint. The only outstanding violation was the roof and the Respondent was present. 2 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2013 Steve and Kathleen Biernacki, 1154 SW 20 Avenue, did not know how to plead. Mr. Biernacki explained he needed time to repair the roof and admitted they were guilty of having a white tarp on the roof. He was having trouble paying the mortgage and requested 90 days. Officer Guillaume had photographs he showed to the Respondent and the Board. The roof was a the roof and Chair Costantino noted its repair was a huge expense. She inquired if the roof could be repaired with shingles and it was explained that was up to the Respondent. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Kathleen Biernacki 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 November 13, 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 November 19, 2013 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Vice Chair Cole seconded the motion that unanimously passed. Case No. 13 -1095 Frandieu Nazaire Property Address: 3060 N. Seacrest Boulevard Violation(s): CO CH13 SEC 13 -16 CO CH10 SEC 10- 56(D), (E), (H) Apply for and pass Business Tax Receipt inspection for rental property. Repair roof leaks, ceiling, plumbing (sink) in kitchen and exterminate ant infestation. Skip Lewis, Sr. Code Compliance Officer, presented the case as in the notice of violation. The initial inspection date was May 21, 2013. The case arose from a citizen complaint from the tenant living at the property at the time. A Business Tax Receipt was needed. Service was obtained on June 28, 2013. Officer Lewis had not heard from the-property owner throughout the entire citation process but noted he was present. Frandieu Nazaire, 3060 N. Seacrest Boulevard, pled not guilty. Officer Lewis explained the tenant called and Officer Guillaume conducted an inspection. The home had roof leaks and had an ant infestation. At that time, they needed the Business Tax Receipt. A tenant was paying rent and the water bill which was under another name. Service was obtained by certified mail at Buttonwood Lane. 3 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2013 The Property Appraiser's office listed the homeowner's address as 121 Buttonwood Lane and the property is not homesteaded. Mr. Nazaire explained he purchased the property in November. He received the letter from the City saying he had to fix items on the property and he made repairs. To cover the cost of the mortgage, taxes and insurance, he rented the property. The tenant moved into the unit in January, made two payments, and moved out in June. Mr. Nazaire agreed to obtain a Business Tax Receipt, and do what has to be done. He fixed the sink, and exterminated the ants leaving only the repairs to the interior and exterior of the home which will be costly. Chair Costantino inquired if he purchased the property with the intent to rent it. Mr. Nazaire explained he purchased the property for his mother, but she is not moving yet. She further asked if he checked the laws regarding rental property. Mr. Nazaire explained he learned of the regulations when he received the letter advising he needed the Business Tax Receipt. He agreed to keep the property and live there and get a rental license until his mother arrived. The address was listed as N. Seacrest and Chair Costantino asked who lives at Buttonwood Lane. Michele Hipolight was put under oath. She explained when the Chair asked for the property address, he provided the property address, not where he was residing. Officer Lewis did not know how severe the roof leaks were as he had not been inside. Mr. Nazaire commented the roof was not leaking anymore. Mr. Nazaire requested five to six months to make the repairs because he did not have the money. Presently, the home is rented to a friend, and he will collect rent from him. Officer Lewis suggested the premises be vacated as it was unknown what repairs were outstanding. Chair Costantino recommended if he was renting the property, he should apply for the Business Tax Receipt and let the Code Officers in to inspect the property. Ms. Hipolight commented there was only one area in the house by the back patio that had a slight leak, not the entire house. The same was true for the plumbing by the back patio, and that was fixed. She explained the reason the tenant called was because they destroyed the property, and did not want to pay. There were no ants in the home when it was rented, and the tenant could have called them to address it, but the tenant opted not to call the landlord and called the City instead. Chair Costantino explained the problem was, if renting, the property needs to be inspected for the health, safety and welfare of the tenants. If they do not comply, any liability is on the owner. Their only recourse is to come to the Code Board. 4 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2013 Officer Lewis was going to recommended 15 days be given to correct the violations and then come back. The problem was there has been no contact since May. Ms. Hipolight was unaware they had to call and stated they went to the Court. Chair Costantino pointed out the telephone number was at the bottom of the letter. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that Frandieu Nazaire 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 September 5, 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 September 5, 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. Chair Costantino recommended Mr. Nazaire call the Building Department and apply for the Business Tax Receipt and request an inspection. They would give a list of what needed to be done. If not done by September 5th, the Board will decide whether to lien the property. The Respondent will be called back before the Board and the fine could start running on September 5 Officers Pierre or Guillaume will assist them in knowing what to do. Case No. 13 -1183 Bank of America Property Address: 1457 SW 25 Place, C Violation(s): CO CH10 SEC 10 -51 -5 INC Property that is vacant or subject to a current notice of default must be maintained in accordance with property maintenance regulations as per Code. Secure the property. Repair the roof and ceiling and repair all water damage. Officer Pierre presented the case as in the notice of violation and stated the Respondent was present. Jeff Paolino, Apogee Realty, representing Fannie Mae and the Bank, 3600 S. Congress Avenue, pled no contest and explained they brought most of violations into compliance. The roof and interior of the property remained outstanding. The roof was leaking for a few years, and it is a two -story property. The inside is a mess. Fannie Mae is attempting to get the Bank to take it back. The banks usually give the property to Fannie Mae who usually gives it to them. They fix the violations to put the home on 5 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2013 the market so it would have a clear title and be financed, but this property was way out of those bounds. As to when the interior and roof will be addressed, he could tarp the roof soon, but they are still in limbo whether Fannie Mae will give the property back to the Bank. Mr. Paolino requested 30 days with a fine thereafter to help expedite a decision from Fannie Mae or the Bank. They secured and registered the property and cleaned the exterior the best they could. Officer Pierre commented the property is not secure and it is a nightmare for the neighbors. The property is a fourplex and the mold is growing into other properties because of the leaks. Officer Pierre had photographs he showed to the Respondent and Board. Mr. Paolino explained in this complex, most all of the units have roofing problems. Another unit they have that is listed for sale had repairs made to the roof. Unless all four unit owners agree they need a new roof, it is difficult to correct and harder to tarp because you cannot tarp part of the roof. Chair Costantino explained there are partial tarps. Mr. Paolino explained in this case, it is way past the valley of the roof. The valley is in the middle of the neighbor's property. He agreed the roof is causing damage, but he only receives direction from the asset managers. It was an odd situation. Officer Pierre explained he could not take photographs because he could not breath when he entered the unit. Chair Costantino inquired why the building was not evacuated. Officer Pierre explained the people living in the building own the units and the neighbors have complained. The unit was an end unit in Golfview Harbor. In those units, usually all four roofs need to be replaced at the same time. The Respondent showed the Board photographs. Golfview Harbor has a Homeowners' Association, but the owner is responsible for the roof. Mr. Paolino agreed the other three units, which are occupied, were affected by the matter. Mr. Paolino requested two weeks to 30 days and then a fine. He acknowledged it was a serious issue. He sought something significant to bring Fannie Mae and the Bank to resolve the issue. Fannie Mae and Freddie Mac, as part of their directives, want to ensure the community has no negative effects from any of their properties. No one wants to enter this unit. With a pending fine, he thought someone would take ownership of the matter. They can address the roof, strip the property and a mold remediation company could be used. He noted it is costly and the Bank may veer from it. 6 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 201 Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Bank of America is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before August 28, 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 August 28, 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. Mr. Paolino understood he has seven days before the fine applies, He inquired if it would be sufficient if he got the approvals within seven days. Chair Costantino explained it has to be completed, but once completed, he can apply for a lien reduction. Case No. 13 -675 JP Morgan Chase National 2370 NW 2 nd Street Officer Pierre presented the case as in the notice of violation. The case was heard on June 19, 2013 and no one appeared. The compliance date and fine set by the Board was June 29, 2013 or $250 per day would be imposed thereafter. There were 52 days of non - compliance. Jeff Paolino, 3600 S. Congress Avenue, explained the violations were for an open permit, driveway apron and to register the property. He alleged the property was registered. Officer Pierre explained as of yesterday, the property was not registered. Mr. Paolino requested 24 hours to register the property. As for the driveway apron, he just received approval for a construction company approved by Fannie Mae, for $1,450 and he was in the process of getting the permit to start the work to close out the case. Chair Costantino explained the fine accrued to date was $13,000. Mr. Paolino explained they got the property in mid -July and they tried to comply. He assumed the driveway and registration violations were from the prior owner. When Fannie Mae got the property, they started work. He noted the violations did not originate with Fannie Mae. Chair Costantino explained if Fannie Mae took control in March, the Code Compliance Board meeting was in June and Code sends the notice to the address listed on the County tax rolls. Officer Pierre explained when the property is in foreclosure, staff uses the address listed on the lis pendens to contact the bank who owns it. Staff then sends the notice to the bank or the bank's representative. 7 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2013 Mr. Paolino explained once the foreclosure takes place and they get the property, a title search is done to determine any outstanding issues. He thought the property would be totally addressed within 30 days, unless a permit is a problem. 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 June 19, 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 $250 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. Officer Pierre introduced new Code Officer Patrick Hart. Officer Hart explained he has been on the job a month. This was his first Code Compliance Board meeting and the job is a totally new experience for him. He was born and raised in Boynton Beach and he was happy to be here. Chair Costantino and the members welcomed him. Case No. 13 -1257 Peter Ambrosio & Mark & Nancy Arner Property Address: 94 Mayfair Lane Violation(s): CO CH2.5 SEC 2.5 -3 and 2.5 -7 Alarm permit needed. Officer Pierre 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, Ms. Carroll moved that this Board find that Peter Ambrosio & Mark & Nancy Amer 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 31, 2013. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past August 31, 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 -777 Hazel & Melvin Clemmons Property Address: 1621 NW 5 Street A Violation(s): CO CH15 SEC 15 -120 (D) INC 8 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2013 Remove unlicensed & inoperable vehicles from the property. Officer Guillaume presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Hazel & Melvin Clemmons 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 31, 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 $75 per day for each day the violation continues past August 31, 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 -1024 Jason Robinson Property Address: 430 NW 6 th Avenue Violation(s): LDR CH 3 ART II SEC 6 Trim bushes along NW 6 th Avenue that are obstructing sight lines. Officer Pierre explained the case complied. Motion Ms. Carroll moved to amend the agenda. Vice Chair Cole seconded the motion that unanimously passed. Case No. 13 -1129 Prodigy Capital Inc. Property Address: 340 SW 10 Avenue Violation(s): BBA FBC 2010 ED 105.1 Permit required for air conditioning and reroofing work. Red tagged. Officer Cain presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violation. 9 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2013 Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that Prodigy Capital 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 August 31, 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 31, 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 -1304 Boynton Partners LLC Property Address: 418 SW 1 St Street Violation(s): CO CH10 SEC 10 -56 (A), (D) and (E) Remove mold from apartment unit 418, building 11. 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, Ms. Yerzy moved that this Board find that Boynton Partners 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 August 31, 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 August 31, 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 -1328 Paxton Investment LLC Property Address: 603 Belmont Place Violation(s): CO CH13 SEC 13 -16 Apply for and pass Business Tax Receipt Inspection. Officer Cain presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violation. 1 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2013 Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Yerzy moved that this Board find that Paxton Investments, 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 August 31, 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 August 31, 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 -1132 Gloria H. Mosch Property Address: 127 S. Atlantic Drive Violation(s): CO CH 10 SEC 10 -56(C) Clean pool and maintain in sanitary condition. Officer Guillaume presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that Gloria H. Mosch 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 31, 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 August 31, 2013, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion. It was noted this was a pool violation. Officer Guillaume confirmed the pool was green. Vice Chair Cole amended the motion to reflect a fine of $500. Ms. Carroll agreed to the amendment and the motion unanimously passed.. Case No. 13 -1359 Marie Lubin & Jean -Louis Marcellus Property Address: 2181 N. Seacrest Blvd. Violation(s): CO CH15 SEC 15- 120(D) 1 A 11 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2013 Remove unlicensed inoperable vehicles from yard. Officer Guillaume presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Marie Lubin & Jean -Louis Marcellus 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 31, 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 31, 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 -1372 Don R. Altmix Property Address: 713 NW 8 th Street Violation(s): CO CH15 SEC 15- 120(D) 1 INC Mow and trim overgrown property, remove boat in swale area. Officer Guillaume 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 Don R. Altmix 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 August 31, 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 August 31, 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 -1406 Bank of New York Mellon Property Address: 426 NW 11 Avenue 12 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2013 Violation(s): CO CH10 SEC 10 -51.5 INC Property that is vacant or subject to a current notice of default must be maintained per City Code. Officer Guillaume presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Bank of New York Mellon 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 31, 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 31, 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 -1180 Tim Clay Property Address: 632 NE 20 Lane Violation(s): CO CH13 SEC 13 -16 Apply for and pass Business Tax Receipt inspection for rental properties. 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 Tim 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 September 5, 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 September 5, 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. 3 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2013 Case No. 13 -1197 Nationwide Investment Firm Corp. Property Address: 537 E. Ridge Circle N. Violation(s): CO CH15 SEC 15 -120 (D) INC CO CH 13 SEC 13 -16 Apply and pass inspection for Business Tax Receipt for rental property. Remove buckets, tires, trash and debris from property. Officer Lewis 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. Carroll moved that this Board find that Nationwide Investment Firm Corp. 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 31, 2013. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $250 per day for each day the violations continue past August 31, 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 -1203 John Virgil Property Address: 2880 NE 4 th Street Violation(s): CO CH10 SEC 10 -3 BBA FBC 2010 ED 105.1 CO CH10 SEC 10 -56 (B), (D), (E) CO CH10 SEC 10 -58 (A) CO CH10 SEC 10 -59 (A), (D) and (E) Secure legal electric power to building before occupancy, water service needed, repair exterior deteriorated building materials, doors, windows, etc. remove trash, debris, dog pens, pipes, etc. from yard areas. Mow and trim overgrown yard areas, clean interior of home and repair ceilings, repair window, doors, exterior siding, and attached wood structure. Officer Lewis presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violations. 14 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2013 Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that John Virgil 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 31, 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 August 31 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 -1207 Deutsche Bank — Indymac Bank Property Address: 443 NE 20 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 and maintained per City Code. Register property, mow overgrown yard areas, and 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 Deutsche Bank — Indymac Bank 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 September 5, 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 September 5, 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 -1307 Denise J. Donowa Property Address: 200 Ocean Parkway Violation(s): CO CH13 SEC13 -16 15 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2013 Apply and pass inspection for Business Tax Receipt for rental property. Officer Lewis presented the case as in the notice of violation. The Respondent had called from out of town. She will have to come to town to address the matter. Staff recommended 30 days be given. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Denise J. Donowa 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 September 20, 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 September 20, 2013, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Case No. 13 -1329 Hodaya Acquisitions LLC Property Address: 1706 NE 6 th Street Violation(s): CO CH13 SEC 13 -16 Apply and pass inspection for Business Tax Receipt for rental property 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 Hodaya Acquisitions 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 September 5, 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 September 5, 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. 16 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2013 Case No. 13 -1371 Harvest Residential 1 LLC Property Address: 326 NE 12 Avenue Violation(s): CO CH13 SEC 13 -16 Apply and pass inspection for Business Tax Receipt for rental property 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, Ms. Yerzy moved that this Board find that Harvest Residential 1 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 September 5, 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 September 5, 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 -1421 Cendy Odom Property Address: 209 Gateway Boulevard Violation(s): CO CH15 SEC 15- 120(D) INC CO CH10 SEC 10 -56 (B), (D) CO CH15 SEC 15 -120 (E) INC Cease and desist accumulation of junk, bed, metal, trash and debris, and other outdoor stored items. Remove all items from the property. Paint facia board and repair roof tiles. Officer Lewis presented the case as in the notice of violation. The Respondent did appear. Officer Lewis explained the case and that he would recommend 15 days. The Respondent is a habitual offender and he recommended 10 days for the Cease and Desist. Officer Lewis had showed the Respondent photographs and she was aware of the Cease and Desist Order. The Respondent allegedly cleaned up the property. The following motion was to Cease and Desist regarding the accumulation of items outdoors: 17 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2013 Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that a Cease and Desist Order be issued giving Cendy Odom until August 31, 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 $250 per recurrence of the violation thereafter shall be imposed upon the Respondent. Ms. Yerzy seconded the motion that passed unanimously. The following was a motion finding a violation for the other items: Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that Cendy Odom 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 September 5, 2013. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $150 per day for each day the violations continue past September 5, 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. 13-1444 Jane A. Archer Property Address: 3031 E. Palm Drive Violation(s): CO CH15 SEC 15- 120(D) INC CO CH10 SEC 10 -56 (B) Mow and trim overgrown yard areas. Remove outside stored materials, metal products, trash and debris from the property. Officer Lewis 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 Jane A. Archer 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 31, 2013. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the 18 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2013 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 August 31, 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 -1181 James W. Gibbs Property Address: 160 SE 27 Avenue Violation(s): CO CH10 SEC 10 -56 (C) Maintain pool in clear and sanitary condition. Officer Pierre presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violation. It was noted the pool was green. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that James W. Gibbs 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 31, 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, 31, 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 -1191 Federal National Mortgage Assoc. Property Address: 1395 SW 17 Avenue Violation(s): CO CH10 SEC 10 -51.5 INC Property that is vacant or subject to a current notice of default must be maintained per City Code. Repair patio screen, front gutter, weed yard and repair roof. 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 Federal National Mortgage Assoc. is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent 19 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2013 correct the violations on or before August 31, 2013. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $250 per day for each day the violations continue past August 31, 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 -1320 Berta Elmond Property Address: 2915 SE 2 " Street Violation(s): CO CH10 SEC 10 -56 (H) CO CH13 SEC 13 -16 Repair fence and remove bees from property. Apply for and pass Business Tax Receipt inspection for rental 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 Berta Elmond is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before August 31, 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 August 31, 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 -1345 Dawn Pelosi Property Address: 2581 SW 10 Court Violation(s): CO CH15 SEC 15- 120(D) INC CO CH10 SEC 10 -56 (A), (B) and (D) Repair driveway, fix mailbox and fence, and install minimum size four -inch house numbers on the building. Officer Pierre presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violations. 20 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2013 Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that Dawn Pelosi 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 31, 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 August 31, 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 -129 Brian & Sherie E. Weinman Property Address: 1009 NW 8 th Street Violation(s): CO CH13 SEC 13 -16 CO CH10 SEC 10 -56 (B) Mow, weed and trim property. Business Tax Receipt needed to rent residence. Pete Roy, Chief Code and Rehabilitation Officer, 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 Brian & Sherie E. Weinman 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 31, 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 $200 per day for each day the violations continue past August 31, 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 -1116 Wells Fargo Bank A T Property Address: 815 NW 6 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. Register 21 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2013 property. Clean and maintain pool in a sanitary condition. Officer Roy presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violations. Officer Roy explained the pool was green, but it was secure. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Wells Fargo Bank NA TR 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 August 31, 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 August 31, 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 -1125 Robert & Sandra Brenan Property Address: 1252 Via De Fossi Violation(s): CO CH13 SEC 13 -16 Apply for and pass Business Tax Receipt inspection. Officer Roy presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Borelli moved that this Board find that Robert & Sandra Brenan 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 31, 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 31, 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. 22 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2013 Chair Costantino introduced Tanya Guim -Leon and Norma Smith, Administrative Associates in Code Compliance. She thanked them and the Officers for all their hard work. Chair Costantino advised Ms. Springer, Code Compliance Administrator, was not at the meeting as she lost two family members within 24 hours of one another. Officer Pierre recommended the following cases receive No Fine: Case No. 13 -509 Bernie & Colleen Hoffman 940 Greenbriar Drive Motion Based on testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that the Respondents, Bernie & Colleen Hoffman, were 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 Respondents to remedy the violation and the previous violations of the Respondents, that this Board impose and certify "No Fine." Ms. Carroll seconded the motion that unanimously passed. Case No. 13 -793 Wells Fargo Bank, N.A. 74 Rosewood Circle Motion Based on testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that the Respondent, Wells Fargo Bank, N.A., 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 June 19, 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." Ms. Carroll seconded the motion that unanimously passed.. Case No. 13 -818 Victor Cook 653 SW 1 st Court Motion Based on testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that the Respondent, Victor Cook, 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 June 19, 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." Ms. Carroll seconded the motion that unanimously passed. 23 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2013 Case No. 13 -828 Carl L. Morobitto, Jr. 1020 SW 4th Street Motion Based on testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that the Respondent, Carl L. Morobitto, Jr., 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 June 19, 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." Ms. Carroll seconded the motion that unanimously passed. Case No. 13 -989 Marc & Ritha Fervil 128 SE 27 Place Motion Based on testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that the Respondents, Marc & Ritha Fervil, were 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 June 19, 2013, and in consideration of the gravity of the violation and the actions taken by the Respondents to remedy the violation and the previous violations of the Respondents, that this Board impose and certify "No Fine." Ms. Carroll seconded the motion that unanimously passed. Case No. 13 -991 Judith Lohmann 137 SE 27 Avenue Motion Based on testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that the Respondent, Judith Lohmann, 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 June 19, 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." Ms. Carroll seconded the motion that unanimously passed. Case No. 13 -26 SMI Investment Group, LLC 4 Renaissance Way #210 Motion Based on testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that the Respondent, SMI Investment Group, 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 March 20, 2013, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the 24 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2013 violation and the previous violations of the Respondent, that this Board impose and certify "No Fine." Ms. Carroll seconded the motion that unanimously passed. Case No. 13 -627 Chase Home Finance, LLC 122 SW 4th Avenue Motion Based on testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that the Respondent, Chase Home Finance, 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." Ms. Carroll seconded the motion that unanimously passed. Case No. 13 -895 The Bank of New York Mellon 405 SE 1 st Street Motion Based on testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that the Respondent, The 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 June 19, 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." Ms. Carroll seconded the motion that unanimously passed. Case No. 13 -912 Karen Rich 7756 Manor Forest Lane Motion Based on testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that the Respondent, The 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 June 19, 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." Ms. Carroll seconded the motion that unanimously passed. Case No. 13 -959 Lawrence W. King Jr. 978 Old Boynton Road Motion Based on testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that the Respondent, The Bank of New York Mellon, was in 25 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2013 violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in the Board's Order of June 19, 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." Ms. Carroll seconded the motion that unanimously passed. Officer Pierre reported the following case should be tabled to September 18, 2013: Case No. 13 -387 Marcia Sheehan 725 Shore Drive Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held September 18, 2013. Ms. Yerzy seconded the motion that unanimously passed. Case No. 13 -605 Jonah & George S. Frederick 319 NE 15 Court Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held September 18, 2013. Ms. Yerzy seconded the motion that unanimously passed. Case No. 13 -635 Raymond & Lois Marcinkoski TR. 510 W. Industrial Avenue L.T. Automotive Inc. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held September 18, 2013. Ms. Yerzy seconded the motion that unanimously passed. Officer Pierre 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 ": 26 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2013 Case No. Name Address Amount per day 13 -430 2841 NW 2 nd St., LLC 2841 NW 2 nd St. $150 13 -1105 Clarence E. Hullfish 2931 S. Seacrest Blvd. $ 50 13 -1162 Timothy M. Clay 632 NE 20 Lane $ 50 13 -375 JHA Holdings I LLC 204 SW 1 st Avenue $500 13 -789 Diane Bader Trust 716 W. Ocean Ave. $100 13 -925 Bank of America 437 SW 10 Avenue $250 13 -11 E &A Sunshine LLC 520 E. Woolbright Rd. $150 13 -693 Michael Sanches 2221 NW 1 st St. $300 13 -696 Dallard Properties LP 1930 NW 2 nd Ct. $300 13 -911 Chase Home Finance 2325 SW 11 th St. $250 13 -986 LaSalle Bank Nat'l Assoc. 125 SE 27 PL $350 13 -990 Countrywide Home Loans Svc, 179 SE 27 Place $350 13 -275 Bank of America 1301 NW 8 th St. $300 13 -571 Rolande & Cetoute A. Lovinsky 508 NW 8 th Street $300 13 -578 JP Morgan Chase N.A. Bank of America 1102 NW 8 th St. $150 3 -615 12312 Wilkins Avenue LLC 1340 Piazza Pitti $200 13 -616 12312 Wilkins Avenue LLC 1480 Via Alferi $100 13 -747 Sky Boynton Holdings T- Mobile South, LLC 130 N. Congress $300 13 -872 Christopher J. Brebbia 211 SE 4 th Avenue $500 13 -877 Deutsche Bank National Trust 203 SE 4 th Avenue $300 13 -898 Countrywide Home Loans, Inc. 6 Valencia Dr. $500 13 -932 Bank of America 7904 Manor Forest Lane $300 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, Ms. Carroll moved that the fines be certified in the cases as requested by the Code Officer. Ms. Yerzy seconded the motion that unanimously passed. 27 Meeting Minutes Code Compliance Board Boynton Beach, FL August 21, 2013 Officer Pierre requested a Fine Certification for a Cease and Desist Order at $500 per occurrence for 56 occurrences. Case No. 13 -542 Catherine Allen 318 NE 20 Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that the Respondent from June 20, 2013 to August 15, 2013, did not comply with this Board's Cease and Desist Order dated June 19, 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 occurrence for 56 occurrences plus administrative costs. Vice Chair Cole seconded the motion that unanimously passed. Case No. 13 -672 Louise Denson 229 NW 3rd Avenue Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that the Respondent, from June 20, 2013 to August 15, 2013, did not comply with this Board's Cease and Desist Order dated June 19, 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 occurrence for 56 occurrences plus administrative costs. Ms. Carroll seconded the motion that unanimously passed. Adjournment There being no further business to discuss, Chair Costantino properly adjourned the meeting at 7:50 p.m. Ci t Catherine Cherry Minutes Specialist 090313 28