Loading...
Minutes 09-18-13 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, SEPTEMBER 1, 2013, AT 6:30 P.M., IN COMMISSION CHAMBERS C ITY H ALL, 100 E. B BEACH BOULEVAR BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Diane Springer, Code Compliance Coordinator Gary Cole, 1 st Vice Chair Shana Bridgeman City Attorney Rose Marie Yerzy, Interim 2nd Vice Chair Alan Borrelli Kathleen Carroll William Cwynar ABSENT: Carol Brenner I. Call to Order Chair Costantino called the meeting to order at 6:30 p.m. and advised Board Member Carroll would be late. II. Approval of June 19, 2013, and July 1 (17), 2013, Minutes and June 26, 2013, Lien Reduction Minutes The following changes were made to the June 19, 2013, minutes: • Page 11, Case No. 13 -900 — the tabled date should be July 17, 2013. • Page 38 — Case No. 12 -636 — the tabled date should be September 18, 2013, in the recommendation and the motion. • Page 39 — after the list of fine certifications, the following motion should be added: • 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 were 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. Meeting Minutes Code Compliance Board Boynton Beach, FL September 18, 2013 Motion Ms. Yerzy moved to approve the minutes as amended. Vice Chair Cole seconded the motion that unanimously passed. The following changes were made to the minutes of July 1 (17), 2013: • Page 15 — Case No. 13 -1257 the Respondent's name should be Peter Ambrosio & Mark & Nancy Arner. • Page 28 — Case No. 13 -1607 — the fine amount should be $150 instead of $300. Motion Vice Chair Cole moved to approve the minutes as amended. Ms. Yerzy seconded the motion that unanimously passed. There were no changes to the June 26, 2013, minutes Motion Vice Chair Cole moved to approve the minutes as presented. Mr. Borrelli seconded the motion that unanimously passed. III. Approval of Agenda Officer Lewis announced the following changes to the agenda: Case No. 13 -1211 was tabled to October 16, 2013. Motion Ms. Yerzy moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on October 16, 2013. Vice Chair Cole seconded the motion that unanimously passed. Case Nos. 13 -1176, 13 -1398, and 13 -1506 complied. Case No. 13 -85 was requested to be tabled to January 15, 2014. 2 Meeting Minutes Code Compliance Board Boynton Beach, FL September 18, 2013 Motion Ms. Yerzy moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on January 15, 2014. Vice Chair Cole seconded the motion that unanimously passed. Case No. 13 -86 was requested to be tabled to January 15, 2014. Motion Ms. Yerzy moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on January 15, 2014. Vice Chair Cole seconded the motion that unanimously passed. Case No. 13 -87 was requested to be tabled to January 15, 2014. Motion Vice Chair Cole moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on January 15, 2014. Ms. Yerzy seconded the motion that unanimously passed. Case No. 13 -88 was requested to be tabled to January 15, 2014. Motion Ms. Yerzy moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on January 15, 2014. Vice Chair Cole seconded the motion that unanimously passed. Case No. 13 -91 was requested to be tabled to January 15, 2014. Motion Vice Chair Cole moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on January 15, 2014. Ms. Yerzy seconded the motion that unanimously passed. Case No. 13 -467 was requested to be tabled to October 16, 2013. Chair Costantino inquired why this case continued to be tabled. It was explained the request was from the Building Department as the Respondent is working with them to resolve the matter. 3 Meeting Minutes Code Compliance Board Boynton Beach, FL September 18, 2013 Motion Vice Chair Cole moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on October 16, 2013. The motion was duly seconded and unanimously passed. Officer Lewis added page 41 A, Case 13 -1456, Rosina Aldajuste to the agenda. Motion Ms. Yerzy moved to approve the agenda. Mr. Cwynar 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 Pierre called the roll and determined who was present. Case No. 13 -0012 Alberta K. Bell Property Address: 2040 NW 1 st Street Violation(s): BBA FBC 2010 ED 105.1 Permits required for excavating, replacing sanitary lines, and demolition of screen enclosure. Red tagged. Officer Pierre requested this case be removed from the agenda due to a situation with the insurance company. He wanted to speak to the Respondent and resolve it. Chair Costantino suggested he speak with her and hear the case later in the meeting. Case No. 13 -908 JP Morgan Chase 191 SE 27 Avenue Pete Roy, Chief Code and Rehabilitation Officer, presented the case as in the notice of violation dated April 30, 2013. The violations pertained to trimming overgrowth, removing horticultural debris, and cleaning and maintaining the pool. The case was heard on July 17, 2013, and Attorney Marguerite White appeared. The compliance date and fine set by the Board was July 27, 2013, or a fine of $1,000 per day would be incurred thereafter. The violation still exists having 52 days of non - compliance. Tamara Walters, representing JP Morgan Chase, explained the Bank checked on the property in June or July, and the property was occupied. She explained they do not have the writ of possession and the property has not yet gone to sale. They were in limbo. Until the Bank had title, they did not have the legal right to enter the property and 4 Meeting Minutes Code Compliance Board Boynton Beach, FL September 18, 2013 address the matter. She emphasized the Bank would like to comply, but they could not legally do so. An upcoming hearing to reset the foreclosure sale was pending. Once the sale occurred, whoever purchased the property would have to obtain a writ of possession to enter the property. Chair Costantino inquired if the Respondent was aware there was a fine of $1,000 per day. Ms. Walters thought the fine should be assessed against the property owner, who was the mortgagor and the title holder. Officer Roy was at the premises several times and did not see anyone there. Ms. Walters explained they received a message from the Bank in July the property was occupied. There was a hearing on June 19, 2013, and they notified the bank and they responded back they could not do anything. Officer Roy was at the premises yesterday. The pool was secured, but it was dirty. No mosquitos were noticed. The property was occupied by the owner who was in default. 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 July 17, 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 $1,000 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Yerzy seconded the motion that unanimously passed Chair Costantino requested Ms. Walters convey to the Bank that they drain the pool and explained the order would be mailed to her. Mr. Cwyner inquired if the property owner was still at the premises, why they would not be served as opposed to the Bank. Attorney Bridgeman explained the Code Officer serves the Bank in compliance with the language contained in the City's Ordinance, which holds banks responsible for maintaining the property once the property is vacant and there is a lis pendens filed. Case No. 13 -12 Alberta K. Bell Property Address: 2040 NW 1 St Street Violation(s): BBA FBC 2010 ED 105.1 Permits required for excavating, replacing sanitary lines, and demolition of screen enclosure. Red tagged. Officer Pierre presented the case as in the notice of violation. The Respondent was present. Olenza Roberts, 16822 Mercott Boulevard, Loxahatchee, the general contractor hired to fix the problem, was present 5 Meeting Minutes Code Compliance Board Boynton Beach, FL September 18, 2013 Alberta Bell, owner, 2040 NW 1 St Street, and her daughter, Octavia Bell, were present. (Ms. Carroll arrived at 6:55 p.m.) Mr. Roberts requested 90 days because this issue involved the insurance company and the cost of the repairs exceeded the owner's budget. Ms. Bell has a property adjuster working in her favor, but the insurance company was trying to deny the claim, which was causing the delay. The home had old cast iron piping and a contractor tried to make the repairs from the rear of the house; however, when Mr. Roberts followed the line into the kitchen area, under the floor, he saw the sewer line had corroded and was causing a sewer odor. The tenant called Code Enforcement and Ms. Bell released the tenant from the Section 8 Program. Currently, the owner is going back and forth with the insurance company, hence the request for the 90 -day extension. Mr. Roberts cut the kitchen floor to locate the problem. He did not do the original work. He stepped in to identify the problem before pulling a permit. He was aware a permit had to be pulled, but he had to identify the problem first. He understood the damage to the screen enclosure dismount was caused from a hurricane. Photographs were shown to the Respondent and the Board. The property was vacant. Mr. Roberts explained he felt strongly the insurance company would pay the claim. They had a meeting with them, and they requested more documents from the owner. The property adjuster was working on the matter. The insurance claim was for the sewer line, not the screen enclosure, and the leak caused breathing problems for the tenant. The sewer line goes straight through the house. The line runs 30 to 40 feet, but he did not know where it tied in. Letters from the insurance company and adjuster were presented to the Board. Ms. Bell did not know how long it would take to address the matter if the insurance company denied the claim. It would be a significant expense to make the repairs and the Respondent was on a fixed income. The sewer line should be tapped. Chair Costantino commented this would be a long drawn -out process. She recommended setting a date and fine, and the Respondents continue to work on the matter. Once they obtain the permit and final inspections, the Respondent can come back to the Board. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Alberta K. Bell 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 November 17, 2013. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $150 per day for each day the violation continues past November 17, 2013, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- 6 Meeting Minutes Code Compliance Board Boynton Beach, FL September 18, 2013 inspection of the property to verify compliance with this Order. Vice Chair Cole seconded the motion that unanimously passed. Mr. Roberts questioned why the extension was only 60 days as opposed to 90 days. Chair Costantino explained this would give them leverage, and they should notify the insurance company this is the amount of time they have to make a decision on the matter. It was explained the fine starts running in November. She suggested once the permit and work is done, they notify Code Compliance. If a fine starts to accrue, they can come back to the Board. Case No. 13 -1338 Harold E. Jones Property Address: 1050 SW 23 Avenue Violation(s): CO CH20 SEC 20 -7 LDR CH3 ART IV SEC 3(C) Boat repair not permitted in this zoning district. Boat must be parked on a hard surface. Officer Pierre presented the case as in the notice of violation and announced the Respondent was present. Harold E. Jones, 1051 SW 23 Avenue, pled no contest. He requested 60 days and hopefully would get rid of the boat sooner. He had a check that bounced from a buyer and commented he could not seem to get rid of the boat. It was supposed to be picked up this past weekend. Officer Pierre had photographs he showed the Board. The boat was parked on the side of the house next to a hedge, but it stuck out in the front of the house by 10 to 15 feet. Five people were going to pick it up. He tried to give it away to local charities, but the boat was given to his son by a company he worked for, but he did not have the title. The vehicle identification numbers showed the boat is not stolen, but a charity company would not take the boat without a clear title. Chair Costantino did not think 60 days would help. Although the property was well maintained, the Board should consider the neighbors. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that Harold E. Jones 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 2, 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 2, 2013, plus administrative costs shall be imposed. The Respondent is 7 Meeting Minutes Code Compliance Board Boynton Beach, FL Septem 1 20 13 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 -1479 U.S. Bank National Association Property Address: 1016 SW 28 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 property. Remove all trash and debris from carport. Officer Pierre presented the case as in the notice of violation. The Respondent was to register the property and remove trash and debris from the carport. Only the trash and debris remained outstanding. Lisa Szulgh -Rier, representing the Bank was put under oath. She works for the law office of Elizabeth Wellborn, Deerfield Beach, and advised she had no jurisdiction to enter a plea on behalf of the client. The property was occupied either by the owner or someone else. The property was in foreclosure. Officer Pierre testified he was at the property the day before and it is vacant. Ms. Szulgh -Rier had no record of when the property was checked, only a record in the system indicating the Bank said it was occupied. Chair Costantino thought records should be updated. Ms. Szulgh -Rier explained they have to abide by the laws of the State of Florida. If it is occupied, whether by an owner, tenant or someone else, the preservation team cannot go out or they will violate the law if they remove property on the premises. She can request re- evaluation of the property, but if it is occupied, they cannot remove anything from the premises. Chair Costantino suggested the Bank representative and lawyers should check before the meeting to ensure it was occupied. Ms. Szulgh -Rier reiterated someone had been to the property. She was not present to argue, only to represent the Bank and to let the Board know what they were told. The lis pendens was filed June 7, 2012. The owner was U.S. Bank National Association. The mortgage and note are in the name of the borrower, not the Bank. They issued the foreclosure, therefore the Bank cannot address the matters. They will re- evaluate the matter, and they use mailing records. Often it looks like individuals do not live there, but they send mail to the law office with the return address of the property. They are obligated to evaluate. Officer Pierre had photographs he showed the Respondent and the Board. Attorney Bridgeman explained the Ordinance the Code Officer must follow. They will not cite the property and have the case unless he determined the property is in violation according 8 Meeting Minutes Code Compliance Board Boynton Beach, FL September 18, 2013 to the Code of Ordinance. The Ordinance specifies if the property is vacant and there is a lis pendens filed, the Bank is responsible for maintaining the property. U.S. Bank registered the property. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that U.S. Bank National Association 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 October 18, 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 October 18, 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 -1503 JP Morgan Chase National Property Address: 2586 SW 10 Street Violation(s): CO CH10 SEC 10 -51.5 INC. Property that is vacant or subject to default must be maintained per City Code. Remove outside storage, clean and secure pool, repair fence, windows and screens, wires and remove boat from property. Officer Cain presented the case as in the notice of violation. The only violations remaining were the pool was unsecured and unclean. The initial inspection date was July 18, 2013. Christina Suarez - Arias, Esq. with Butler and Hosch, P.A., representing JP Morgan Chase National Bank, the mortgagor on the property, advised they did not have title to the property. The lis pendens was recorded November 2012, and the property is owner occupied. The owners were served on the property and were litigating the case, but the Court indicated they should be able to move to judgment within the next few months. They checked on the property, and the preservation team reflected it is occupied. She requested any fines be levied against the property owner as they still inhabit the residence. Once they take title, they will address the matter immediately. Officer Cain explained he inspected the property earlier in the day. There were no curtains on the windows. The rooms have no furniture in them. He spoke with the owner on a few occasions, and he is returning to the property. He was the person who removed the boat, cut the grass and repaired the fence. Unless he was sleeping on the 9 Meeting Minutes Code Compliance Board Boynton Beach, FL September 1 2013 floor, there was no sign the dwelling was inhabited. The air conditioning unit was gone and he did not know if there was an electric meter. He and the Senior Officer visited the premises several times. The case arose from a complaint from a neighbor. Ms. Suarez -Arias explained the home was inspected within the last 30 days and the owner is receiving mail at the property and litigating the case from that property; therefore, they cannot enter the home until title is secured. The owner maintained the property, not their preservation team. Officer Pierre explained the owner receives his mail at 1260 S. Federal Highway according to the Property Appraiser's Office. He is not listing that address as his place of residence. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that JP Morgan Chase National Bank 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 October 3, 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 October 3, 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. Attorney Suarez -Arias inquired ,for the record, where the information was that stated the lender was the owner and the title was in the lender's name. Chair Costantino referred her to the staff. Case No. 13 -1613 Gerald Fasolo Property Address: 1503 NE 4 th Court Violation(s): CO CH10 SEC 10 -52 CO CH15 SEC 15- 120(D) INC. Remove all inoperable, damaged vehicles, trash and debris from the property. Mow and trim overgrown yard areas. Officer Lewis presented the case as in the notice of violation. The case was a referral from the Fire Department. The initial inspection date was July 30, 2013. He commented staff was requesting a Cease and Desist Order. Attorney Bridgeman administered an oath to the Respondent. 10 Meeting Minutes Code Compliance Board Boynton Beach, FL September 18, 2013 Gerald Fasolo, 1503 NE 4 th Court, pled guilty, but explained people set his house on fire, not him, and it was causing him problems. He inquired what was left to do before the case was closed as he had addressed some of the issues. Officer Lewis explained an inoperable vehicle and trash and debris remained on the property. As to how he would dispose of the debris from the fire, Mr. Fasolo explained City staff told him he could put some out each Thursday. Several cars that were inoperable and unregistered had caught fire. All the vehicles were removed except for a red Cadillac without a tag that was not his. A black Impala belonged to his daughter and a blue Mazda Protege, which was his, were registered. Officer Lewis explained a violation still existed. Officer Lewis explained he could not bring vehicles back to the premises. The vehicles were set on fire while he was asleep in the house. Mr. Fasolo advised the neighbors alerted him to the fire. The yard was cut twice. Officer Lewis explained Mr. Fasolo had a history of bringing vehicles to the home. Mr. Fasolo reiterated all of the vehicles belonged to him and they were all a few hundred dollars away from being drivable. He had intended to sell them. When asked if he had a dealer's license, he responded he did not. He explained they were his vehicles and they were registered to him. The cars are gone There was still debris to be removed as the carport was completely burned. There was brief discussion of removal of the trash. Normally when there is a fire, there is insurance involved, but Mr. Fasolo advised he had no insurance. Officer Lewis recommended obtaining a dumpster, filling it and hauling it off. Mr. Fasolo commented he did not have a job. He spoke with churches and organizations for assistance, but has not received any. The fire occurred on July 23, 2013. The following Cease and Desist Order pertained to prohibiting any more cars on the property: Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that a Cease and Desist Order be issued giving Gerald Fasolo until September 28, 2013, to bring the violation of City of Boynton Beach Code sections as cited into compliance. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that a fine in the amount of $200 per recurrence of the violation thereafter shall be imposed upon the Respondent. Ms. Yerzy seconded the motion that passed unanimously. Mr. Fasolo inquired why he received 10 days when he was already a victim. After a brief exchange with Chair Costantino, she requested Mr. Fasolo leave the Chambers. 11 Meeting Minutes Code Compliance Board Boynton Beach, FL September 18, 2013 Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that Gerald Fasolo 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 October 18, 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 October 18, 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 -1542 Discount Auto Parts Property Address: 1480 SW 8 th Street Violation(s): CO CH2.5 SEC 2.5 -12 +13 Excess false alarms. Ms. Springer requested this case be tabled. Motion Ms. Yerzy moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on October 16, 2013. Vice Chair Cole seconded the motion that unanimously passed. Case No. 13 -1654 M & A Capital Investments Property Address: 444 SW 8 th Avenue Violation(s): CO CH 10 SEC 10 -56 (D) Secure building. 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 M & A Capital Investments 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 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 $500 per day for each day the violation continues past 12 Meeting Minutes Code Compliance Board Boynton Beach, FL September 18, 2013 September 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. Yerzy seconded the motion that unanimously passed. Case No. 13 -1250 New York Community Bank Property Address: 418 NW 11 th 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 property, remove blue tarp and replace roof. 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 New York Community 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 28, 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 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. Yerzy seconded the motion that unanimously passed. Case No. 13 -1330 Ricky Norfus Property Address: 133 NW 14 Avenue Violation(s): CO CH13 SEC 13 -16 Apply for and pass inspection for a Business Tax Receipt for rental property. 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, Ms. Carroll moved that this Board find that Ricky Norfus is in violation of the City of Boynton 13 Meeting Minutes Code Compliance Board Boynton Beach, FL September 18, 2013 Beach Code section cited and moved to Order that the Respondent correct the violation on or before September 4-8, 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 $150 per day for each day the violation continues past September 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. Yerzy seconded the motion that unanimously passed. Case No. 13 -1410 Desmond W. Morrison Property Address: 421 NW 3rd Avenue Violation(s): CO CH13 SEC 13 -16 Apply for and pass inspection for a Business Tax Receipt for rental property. Officer Guillaume requested this case be tabled to the next meeting Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on October 16, 2013. Vice Chair Cole seconded the motion that unanimously passed. Case No. 13 -1498 David Hargrove Property Address: 146 NW 11 th Avenue Violation(s): CO CHI Sec 10 -56 (E) CO CH 10 Sec 10 -58 (D) Repair ceiling and bathroom, repair or replace kitchen cabinet, and plumbing system must be in good working order. 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, Ms. Yerzy moved that this Board find that David Hargrove 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 28, 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 14 Meeting Minutes Code Compliance Board Boynton Beach, FL September 18, 2013 September 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. Vice Chair Cole seconded the motion that unanimously passed. Case No. 13 -1585 Jean Alexis Property Address: 3201 N. Seacrest Boulevard Violation(s): CO CH15 SEC 15- 120(D) Inc. CO CH13 Sec 13 -16 Apply for and pass inspection for Business Tax Receipt for rental property. Mow overgrown yard areas and trim overgrown vegetation. 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 Jean Alexis 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 28, 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 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. Yerzy seconded the motion that unanimously passed. Case No. 13 -1581 Ginette Joseph Property Address: 3460 Ocean Parkway Violation(s): CO CH15 Sec 15- 120(D) Inc. Mow and trim overgrown property. Remove trash and debris. Officer Hart 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 Ginette Joseph is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the 15 Meeting Minutes Code Compliance Board Boynton Be FL September 18, 2013 P violations on or before September 28, 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 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. Vice Chair Cole seconded the motion that unanimously passed. Case No. 13 -1630 Eugene Fitzgerald Est. & Stella M. Smith Property Address: 1831 NE 2 "d Lane Violation(s): CO CH15 SEC 15- 120(D) Inc. Mow overgrowth, remove trash and debris and outdoor stored materials. Officer Hart 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 Eugene Fitzgerald Est. & Stella M. Smith 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 September 28, 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 $150 per day for each day the violations continue past September 28, 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. Yerzy seconded the motion that unanimously passed. Case No. 13 -1400 B.J. & Jacqueline Fitzpatrick Property Address: 2977 Grove Road Violation(s): CO CH13 Sec 13 -16 Apply for and pass inspection for a Business Tax Receipt for rental property. Officer Lewis presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violation. It was noted the Respondents were repeat violators. 16 Meeting Minutes Code Compliance Board Boynton Beach, FL September 18, 2013 Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that B.J. & Jacqueline Fitzpatrick 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 September 2-6 28, 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 $250 per day for each day the violation continues past September 28, 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 -1414 Luz V. Escamilla Property Address: 411 NE 25 Avenue Violation(s): CO CH 13 Sec 13 -16 Apply for and pass inspection for a Business Tax Receipt for rental property. Officer Lewis presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that Luz V. Escamilla 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 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 $150 per day for each day the violation continues past September 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. Case No. 13 -1423 Dalland Properties LP Property Address: 2206 NE 4 th Court Violation(s): CO CH13 Sec 13 -16 Apply for and pass inspection for a Business Tax Receipt for rental property. 17 Meeting Minutes Code Compliance Board Boynton Beach, FL September 18, 2013 Officer Lewis presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violation. It was noted the Respondent was a repeat violator. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Dalland Properties LP is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before September 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 $250 per day for each day the violation continues past September 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. Vice Chair Cole seconded the motion that unanimously passed. Case No. 13 -1426 Darwin 3 LLC Property Address: 717 NE 10 Avenue Violation(s): BBA FBC 2010 Ed. 105.1 Building permit needed for remodeling as noted in red tag. Officer Lewis presented the case as in the notice of violation. Staff recommended 60 days be given to correct the violation. The Respondent was starting the application process. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Darwin 3 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 November 17, 2013. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $150 per day for each day the violation continues past November 17, 2013, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Yerzy seconded the motion that unanimously passed. Case No. 13 -1507 Juan & Paulina B. Garcia Property Address: 2317 NE 14 Street 18 Meeting Minutes Code Compliance Board Boynton Beach, FL September 18, 2013 Violation(s): CO CH15 Sec 15- 120(D) Inc. Mow and trim overgrown yard areas. Remove inoperable vehicles, trash and debris. Officer Lewis presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Juan & Paulina B. Garcia 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 September 28, 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 $250 per day for each day the violations continue past September 28, 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 -1512 Charles Roberts Property Address: 130 NE 3` Avenue Violation(s): CO CH15 SEC 15- 120(D) Inc. Mow and trim overgrown property. Remove all trash and debris. 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 Charles Roberts 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 28, 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 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. Vice Chair Cole seconded the motion that unanimously passed. 19 Meeting Minutes Code Compliance Board Boynton Beach, FL September 18, 2013 Case No. 13 -1675 Blanche H. Girtman Property Address: NE 10 Avenue Violation(s): CO CH15 SEC 15- 120(D) Inc. CO CH15 SEC 15- 120(E) Inc. Mow overgrown vacant lot. Remove downed fencing stored on vacant lot. 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 Blanche H. Girtman 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 28, 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 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. Case No. 13 -1456 Rosena Altajuste Property Address: 126 S. Atlantic Drive Violation(s): CO CH13 Sec 13 -16 Business Tax Receipt needed. Officer Lewis presented the case. The applicant had not applied for the Business Tax Receipt, and he had heard nothing from the owners. He posted the property to provide service. 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 Rosena Altajuste 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 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 $150 per day for each day the violation continues past September 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 20 Meeting Minutes Code Compliance Board Boynton Beach, FL S eptember 18, 2013 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 -1684 Royal Residential Real Estate Property Address: 2881 SE 2 nd Street Violation(s): CO CH 13 Sec 13 -16 Business Tax Receipt needed. Mow overgrown yard areas. Officer Pierre presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cale moved that this Board find that Royal Residential Real Estate 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 28, 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 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. Case No. 13 -1706 SRP Sub LLC Property Address: 190 SE 27 Place Violation(s): CO CH15 SEC 15- 120(D) Inc. Mow yard. 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 SRP Sub 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 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 $100 per day for each day the violation continues past September 28, 2013, plus administrative costs shall be imposed. The Respondent is 21 Meeting Minutes Code Compliance Board Boynton Beach, FL September 18, 2013 further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Yerzy seconded the motion that unanimously passed. Case No. 13 -1690 Federal National Mortgage Property Address: 2950 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. Register property. 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. Yerzy moved that this Board find that Federal National Mortgage 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 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 $100 per day for each day the violation continues past September 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. Case No. 13 -1055 James D. & Sandra D. Whitten Property Address: 830 NW 4 Avenue Violation(s): CO CH15 SEC 15 -120 (D), (E) Inc. CO CH10 SEC 10 -56 (D) CO CH10 SEC 10 -2 Remove outside storage and trash and debris from property. Mow, weed and trim overgrown areas. Repair, remove or replace burnt/broken fence. Fix or replace missing windows in front and rear of the property. Officer Lewis presented the following case as contained in the notices of violation. Staff recommended 30 days be given to correct the violations. 22 Meeting Minutes Code Compliance Board Boynton Beach, FL September 18, 2013 Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that James D. & Sandra D. Whitten 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 October 18, 2013. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $500 per day for each day the violations continue past October 18, 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 -1302 Delores Swasey Property Address: 3 Corrie Place Violation(s): CO CH13 SEC 13 -16 Apply for and pass inspection for Business Tax Receipt for rental property. 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, Ms. Yerzy moved that this Board find that Delores Swasey 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 October 18, 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 October 18, 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 -1308 Xuejun Zhu & Li Rao Property Address: 801 Meadows Circle Violation(s): CO CH13 SEC 13 -16 Apply for and pass inspection for Business Tax Receipt for rental property. 23 Meeting Minutes Code Compliance Board Boynton Beach, FL September 18, 2013 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 Xuejun Zhu & Li Rao 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 October 18, 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 October 18, 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. Yerzy seconded the motion that unanimously passed. Case No. 13 -1322 Charles T. Murone Jr. Property Address: 719 Meadows Circle Violation(s): CO CH 13 SEC 13 -16 Apply for and pass inspection for Business Tax Receipt for rental property. 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, Ms. Yerzy moved that this Board find that Charles T. Murone, Jr. 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 October 18, 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 October 18, 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 -1412 Ronald 11 & Gerd Taylor Property Address: 714 Buttonwood Lane Violation(s): CO CH13 SEC 13 -16 24 Meeting Minutes Code Compliance Board Boynton Beach, FL September 18, 2013 Apply for and pass inspection for Business Tax Receipt for rental property. 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 Ronald II & Gerri Taylor 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 October 18, 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 October 18, 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 -1416 Bank of New York Mellon Property Address: 1018 W. Fairfax Circle Violation(s): CO CH10 SEC10 -51.5 Inc. Property that is vacant or subject to a current notice of default must be registered with the City and maintained per City Code. Register property. Repair roof and all roof damage incurred. Replace rotted wood exterior. Remove horticultural debris. Mow, weed and trim overgrowth. Remove bee and rodent infestation, replace missing window screens. 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 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 violations on or before September 28, 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 25 Meeting Minutes Code Compliance Board Boynton Beach, FL September 18, 2013 September 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. Vice Chair Cole seconded the motion that unanimously passed. Case No. 13 -1465 Avraham & Narkis Harash Property Address: 32 Paxford Lane Violation(s): CO CH13 SEC 13 -16 Apply for and pass inspection for Business Tax Receipt for rental property. 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 Avraham & Narkis Hargash 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 October 18, 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 October 18, 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 -1690 Federal National Mortgage Property Address: 2950 SE 2 "d Street Violation(s): CO CH10 SEC 10 -51.5 Inc. Property that is vacant or subject to a current notice of default must be registered with the City and maintained per City Code. Register property. Officer Pierre returned to case 13 -1690, heard earlier in the meeting. The recommendation made was for 10 days, but the agreement with the owner was for 30 days. Motion Vice Chair Cole moved to rescind the prior motion. Ms. Carroll seconded the motion that unanimously passed. 26 Meeting Minutes Code Compliance Board Boynton Beach, FL September 18, 2013 Officer Pierre reintroduced the case and recommended 30 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 Federal National Mortgage 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 October 18, 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 October 18, 2013, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Vice Chair Cale seconded the motion that unanimously passed. Officer Lewis requested the following cases be certified at "No Fine:" Case No. 13 -387 Marcia Sheehan 725 Shore Drive Motion Based on testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that the Respondent, Marcia Sheehan, was in violation of the City of Boynton Beach Code sections 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 violations and the actions taken by the Respondent to remedy the violations 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 -1169 David & Mirtha Saget 322 SW 7th Avenue Motion Based on testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that the Respondents, David & Mirtha Saget, were in violation of the City of Boynton Beach Code sections as cited subsequent to the date of compliance specified in the Board's Order of July 17, 2013, and in consideration of the gravity of the violations and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents, that this Board impose and certify "No Fine." Ms. Carroll seconded the motion that unanimously passed. 27 Meeting Minutes Code Compliance Board Boynton Beach, FL September 18, 2013 Case No. 13 -1015 Hock Ka D. & Jeanne Go 301 W. Boynton Beach Blvd Motion Based on testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that the Respondents, Hock Ka D. & Jeanne Go 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 July 17, 2013, and in consideration of the gravity of the violation and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents, that this Board impose and certify "No Fine." Ms. Carroll seconded the motion that unanimously passed. Case No. 13 -950 Domenick & Filomena Giuliano 2615 NE 1 St Ct. #105 Motion Based on testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that the Respondents, Domenick & Filomena Giuliano, 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 July 17, 2013, and in consideration of the gravity of the violation and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents, that this Board impose and certify "No Fine." Ms. Carroll seconded the motion that unanimously passed. Case No. 13 -951 Domenick & Filomena Giuliano 2615 NE 1 st Ct. #109 Motion Based on testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that the Respondents, Domenick & Filomena Giuliano, 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 July 17, 2013, and in consideration of the gravity of the violation and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents, that this Board impose and certify "No Fine." Ms. Carroll seconded the motion that unanimously passed. Case No. 13 -952 Robert J. March 2615 NE Ct. #111 Motion Based on testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that the Respondent, Robert J. March, 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 July 17, 2013, and in consideration of the gravity of the 28 Meeting Minutes Code Compliance Board Boynton Beach, FL September 18, 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." Ms. Carroll seconded the motion that unanimously passed. Case o. 13 -953 Thomas Matash &Kimberly McDermott 2615 NE 1 st Ct. #112 Motion Based on testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that the Respondents, Thomas Matash & Kimberly McDermott, 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 July 17, 2013, and in consideration of the gravity of the violation and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents, that this Board impose and certify "No Fine." Ms. Carroll seconded the motion that unanimously passed. Case No. 13 -1232 Zhi Rui Chen 117 SE 22 " Avenue Motion Based on testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that the Respondent, Zhi Rui Chen, was in violation of the City of Boynton Beach Code sections as cited subsequent to the date of compliance specified in the Board's Order of July 17, 2013, and in consideration of the gravity of the violations and the actions taken by the Respondent to remedy the violations 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 -899 US Bank National Assoc. 202 SE 1 st Avenue Motion Based on testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that the Respondent, US Bank National Association, was in violation of the City of Boynton Beach Code sections 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 violations and the actions taken by the Respondent to remedy the violations 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 -1167 James & Mary Jo Ganthier 403 SW 6 Avenue 29 Meeting Minutes Code Compliance Board Boynton Beach, FL September 18, 2013 Motion Based on testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that the Respondents, James & Mary Jo Ganthier, 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 July 17, 2013, and in consideration of the gravity of the violation and the actions taken by the Respondents to remedy the violations and the previous violations of the Respondents, that this Board impose and certify "No Fine." Ms. Carroll seconded the motion that unanimously passed. Officer Lewis requested the following cases be tabled to October 16, 2093: Case No. 13 -605 Jonah & George S. Frederick 319 NE 15 Court Motion Ms. Yerzy moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on October 16, 2013. Vice Chair Cole seconded the motion that unanimously passed. Case No. 13 -635 Raymond & Lois Marcinkoski TR. 510 W. Industrial Ave. L.T. Automotive Inc. Motion Ms. Yerzy moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on October 16, 2013. Vice Chair Cole seconded the motion that unanimously passed. Officer Lewis requested the following case be tabled to November 23, 2093: Case No. 13 -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 November 23, 2013. Ms. Carroll seconded the motion that unanimously passed. Officer Lewis requested the following case be tabled for one year: Case No. 08 -3379 Forum Shoppes of Boynton LLC 140 N. Congress Avenue 30 Meeting Minutes Code Compliance Board Boynton Beach, FL S 1 2013 Motion Ms. Yerzy moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on September 17, 2014. Vice Chair Cole seconded the motion that unanimously passed. Officer Lewis read the following into the record: "The City was requesting that the fines be certified in the following cases. All the violators have been provided Notice of tonight's hearing, with Proof of Notice filed in the record with the Board Clerk. No one is present this evening for any of the cases I am requesting for certification at this time. All of the cases have been re- inspected and each case remains in non- compliance. The following cases are requested for certification at this time in the amount established by the Board in the Orders of Violation for each case, as set forth on the docket ": Case No. Name Address Amount per day 12 -2425 Frederic & Michele Mance 9 Bentwater Circle $100 12 -636 Ralph Lowe 1619 NE 3 rd St. $100 13 -372 OWB REO LLC 2304 SW 20 Way $350 13 -1101 Lloyd S. Thompson 2731 NW 2n St. $100 13 -1047 Eric & Cindy Jones 3360 E. Atlantic Dr. $300 13 -1076 Carmelo Campos 330 NE 16 Ave. $750 13 -803 Washington Mutual Bank 205 Gulfstream Blvd $750 OCwen Loan Servicing LLC 13 -805 JP Morgan Chase 3643 SE 2 St. $350 HSBC Mortgage Services Inc. 13 -1092 Bank of America 118 SE 31S Ave. $300 Countrywide Bank 13 -760 American Home Mortgage 1103 NW 7 th Ct. $1,000 Servicing 13 -1049 Bank of America 14 Las Islas $750 13 -1065 Federal National Mortgage 1376 Via De Pepi $150 Assoc. 13 -1067 Amazing Houses Inc. 1480 Via De Pepi $150 31 Meeting Minutes Code Compliance Board Boynton Beach, FL September 18, 2013 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. Yerzy 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 reminded all of the Lien Reduction meeting next Wednesday. Adjournment Motion There being no further business to discuss, Ms. Yerzy moved to adjourn. Vice Chair Cole seconded the motion that unanimously passed. The meeting was adjourned at 8:12 p.m. gn. Catherine Cherry Minutes Specialist 091913 32