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Minutes 11-20-13 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, NOVEMBER 20, 2013, AT 6:30 P.., IN COMMISSION CHAMBERS CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, 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, 2nd Vice Chair Alan Borrelli Kathleen Carroll William Cwynar ABSENT: Carol Brenner 1. Call to Order Chair Costantino called the meeting to order at 6:31 p.m. Chair Costantino acknowledged the presence of Police Chief, Jeffrey Katz. Approval of September 18, 2013, and September 25, 2013, Regular Minutes and Lien Reduction Minutes respectively. Motion Ms. Yerzy moved to approve the September 18, 2013, meeting minutes. Ms. Carroll seconded the motion that unanimously passed. It was noted there were two changes to the September 18, 2013, meeting minutes as follows: ➢ Page 14 Case No. 13 -1330 — The first time the compliance date is mentioned in the motion paragraph, it should read September 28, 2013. ➢ Page 17, Case No. 13 -1400 — The first time the compliance date is mentioned in the motion paragraph, it should read September 28, 2013. Motion Ms. Carroll amended the motion to include the corrections cited. Ms. Yerzy agreed to the amendment that unanimously passed. There were no changes to the September 25, 2013, Lien Reduction Minutes. Meeting Minutes Code Compliance Board Boynton Beach, FL November 20, 2013 Motion Vice Chair Cole moved to approve. Ms. Carroll seconded the motion that unanimously passed. III. Approval of Agenda Chief Code and Rehabilitation Officer Pete Roy, announced the following changes to the agenda: Case Nos. 13 -1478, 13 -1858 and 13 -1993 complied. Motion Ms. Yerzy moved to approve the agenda. Vice Chair Cole seconded the motion that unanimously passed. IV. Swearing in of Witnesses and Introduction. Attorney Bridgeman explained the hearing procedures and administered an oath to all who intended to testify. Officer Roy announced Case No. 12 -1937 will be tabled to the January 15, 2014, meeting. 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 Officer Roy called the roll and determined who was present. There were no objections to Chair Costantino's request to hear Case Nos. 13 -503 and 13 -789 first. Case No. 13-73 503 Diane Bader Trust 716 W. Ocean Avenue Code Compliance Coordinator, Diane Springer, presented the case as in the notice of violation. The notice of violation was sent on April 24, 2013, for violations pertaining to applying for and passing an inspection for a Business Tax Receipt for a rental property, to mow and maintain overgrown yard, and paint the garage door. The case was heard on June 19, 2013, and no one appeared. The compliance date and fine set by the Board was July 4, 2013, or a fine of $100 per day would be imposed thereafter. 2 Meeting Minutes Code Compliance Board Boynton Beach, FL November 20, 2013 The property was purchased on September 16, 2013. Ms. Springer received a call the next day from the ownerws inquiring what needed to be done to comply. Officer Roy visited the premises on September 18, 2013, and complied the case. They paid an outstanding water bill of $119.68 to come before the Board, in addition to the application fee. Ashlee Parrotta, 716 W. Ocean Avenue, explained she purchased the property and signed a waiver to take responsibility for the lien in order to purchase the house. The home was a short sale and it was 17 months before they closed and moved in. They immediately mowed the lawn and painted the garage door. Mr. Parrotta ultimately replaced the door and obtained all permits and inspections for it. They did not know about the lien until the day they closed. Had they known there was an issue, Mr. Parrotta could have mowed the grass for the prior owner. She sought to ensure all issues were addressed and advised she and her family lived at the premises. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2 -84 through 2 -89 of the City of Boynton Beach Code of Ordinances, Ms. Yerzy moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of June 19, 2013, to an amount of $1,000 including administrative costs. Vice Chair Cole seconded the motion that passed 4 — 2 (Ms. Carroll and Mr. Cwynar dissenting). Case No. 13 -1503 JP Morgan Chase Bank National 2586 SW 10 Street Officer Cain presented the case as in the notice of violation. The notice of violation date was July 18, 2013, to remove outside storage, clean and secure the pool, repair the fence, windows and screens, repair wires and remove the boat from the property. The only outstanding violation that remained was the fence. The hearing was held September 18, 2013, and Attorney Christina Suarez -Arias appeared. The compliance date and fine was October 3, 2013, or a fine of $1,000 per day would be imposed thereafter. Christina Suarez- Arias, with Butler and Hosch, P.A., 3185 South Conway Road, Suite E, Orlando, representing the lender, requested that the lien be reduced based on the information provided by the Code Officer what has complied. The lender hired was addressing issues. Per their records, the property was occupied. She requested the lien be lessened to some degree so it would not show as a cloud on the title upon judgment and for resale purposes. As to the legal matters, the judgment date was pending. It had not gone to foreclosure or passed title. The lis pendens was recorded and the work done was to remedy the known Code violations. 3 Meeting Minutes Code Compliance Board Boynton Beach, FL November 20, 2013 Ms. Yerzy inquired if the pool was dirty. Officer Cain explained the pool was secured, but the fence was broken. They used a wire mesh over the pool. Officer Cain had photographs he provided to the Respondent and Board. Mr. Cwynar inquired if there was power at the home and asserted if there is no power, they cannot keep the pool clean. Officer Cain explained, by Ordinance, the owner had to keep the pool clean regardless of whether there was power or not. Chair Costantino inquired if people can still access the pool area and Officer Cain responded they could. The pool cover used was not sufficient. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent has not complied with this Board's Order dated September 18, 2013, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $1,000 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Yerzy seconded the motion that passed 5 -1 (Mr. Cwynar dissenting). Mr. Cwynar, as a point of order, requested a discussion. He explained he was the newest member on the Board and attended one lien reduction. He found it interesting and confusing that the Board imposes ridiculous dollar amount fines per day, and then the party comes to a lien reduction and the same Board reduces the lien. He inquired if it was just a bunch of busy work. He thought it was uncommon. Ms. Carroll explained the goal is to gain compliance, and in some cases, the best way to get someone's attention to gain compliance is to set a fine. Once the issue is rectified, the Board considers reductions. Mr. Cwynar noted there were individuals that had fines that accrued to $100,000 that were reduced to cost. Ms. Carroll reiterated the role is to achieve compliance. Mr. Cwynar thought it was odd. Chair Costantino also pointed out most of the cases that are fined $1,000 per day are either repeat offenders or swimming pool matters. Mr. Cwynar interjected a pool cannot be kept clean if there is no electric for the pump. Chair Costantino suggested the Board move on. Case No. 13 -467 Marta Pejouhy Property Address: 152 SE 28 Avenue Violation(s): CO CH10 SEC 10 -56(B) Repair or replace roof. Officer Roy presented the case as in the notice of violation. The case was a citizen complaint regarding the roof. The initial inspection date was March 19, 2013. Written 4 Meeting Minutes Code Compliance Board Boynton Beach, FL November 20, 2013 notice was sent giving 30 days to comply. The notice was sent certified mail on October 18, 2013. The green card was signed on October 23, 2013. The case is a health and safety hazard. Staff recommended 30 days be given to correct the violation. The Respondent and a representative were present. Walter Pejouhy, 2024 Kenwood Road, West Palm Beach, the Respondent's son, pled no contest. They received roofing company estimates to repair the roof. He was unsure of how much time to request and thought 30 or 60 days may be appropriate. No contracts were given, only verbal estimates were received. They were trying to address a prior lien which would allow Habitat for Humanity to address the roof, but they were unable to do so. The Respondent resides at the home. Officer Roy had photographs he submitted to the Board, which were viewed. Mr. Pejouhy did not know if the hole in the roof remained. The roof was last done in 1993. He explained his mother was on a fixed income. Motion Ms. Yerzy moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on December 20, 2013. Ms. Carroll seconded the motion. It was noted there was no December meeting and Chair Costantino did not see the logic in tabling the case. She suggested they set a compliance date and allow them to proceed. Ms. Yerzy withdrew her motion and Ms. Carroll withdrew her second. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that Marta Pejouhy 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 January 4, 2014. 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 January 4, 2014, 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 -723 Armenian Cultural Association America Property Address: 850 W. Boynton Beach Boulevard Violation(s): CO CH15 SEC 15- 120(D) Inc. Mow property and remove trash and debris. 5 Meeting Minutes Code Compliance Board Boynton Beach, FL November 20, 2013 Officer Cain presented the case as in the notice of violation. The case arose from a citizen complaint. The Respondent was to mow 50 feet around the property as there must be a 50 -foot separation between adjacent developed properties. The initial notice was a written notice giving 14 days to correct the violations. The violations still exist. Staff recommended 10 days. Albert Masmanlan, 850 W. Boynton Beach Boulevard, a member of the Association, pled no contest and explained they just hired a new company and the issue should be resolved by the end of December. He was in charge of the project but was hospitalized, causing the delay. He appreciated the Code Officer giving them time to do the work, which they hoped would be completed. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that the Armenian Cultural Association 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 November 30, 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 November 30, 2013, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Borelli seconded the motion that unanimously passed. Case No. 13 -2275 Leclerc & Marie S. VII Property Address: 439 SW 7 th Court Violation(s): CO CH10 SEC 10 -56 (A), (B), (C) & (H) Clean and maintain pool in sanitary condition. Trim all overgrowth and exterminate bee population in trees. Officer Cain presented the case as in the notice of violation which arose from a citizen complaint. The initial inspection date was October 15, 2013. He advised only the pool violation remained outstanding. The initial notice was a written notice giving 10 days to comply. The green card was signed on October 31, 2013, and the Respondents were present. Paul VII, son of the property owner, pled no contest to the swimming pool violation and not guilty to the others. Chair Costantino explained they were only addressing the swimming pool. Mr. Vil explained they have to order a new pump and requested 15 to 30 days. 6 Meeting Minutes Code Compliance Board Boynton Beach, FL November 20, 2013 Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that Leclerc and Marie Vil are in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondents correct the violation on or before December 20, 2013. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $150 per day for each day the violation continues past December 20, 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 -1998 SP Sub LLC Property Address: 2915 SE 2 "d Street Violation(s): CO CH15 SEC 10 -56 (A) and (H) CO CH13 SEC 13 -16 Apply for and pass inspection for Business Tax Receipt for rental property. Remove bees and /or debris. Mow property and remove trash. Officer Pierre presented the case as in the notice of violation. The Respondent was present. Lucas Carr, 2700 W. Cypress Creek Road, Suite D118, Ft. Lauderdale, the Code Officer for the company, pled no contest. He explained the lawn was mowed, the trash would be scheduled for bulk pickup within the next two or three days. The fence would be repaired within the next 7 to 10 days. Other violations he and Officer Pierre discussed regarding the interior would take more time. He requested 45 days for interior items such as appliances, kitchen and bathroom items and additional smoke detectors. Officer Pierre had been at the property and thought 45 days would be adequate. The individuals formerly in the home had vacated. The company was fixing it to rent. Allowing 45 days was fine because the property was vacant. Mr. Carr explained they applied for the Business Tax Receipt and tried to be proactive, but they had not moved along with the process to renovate it. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that SRP Sub LLC is in violation of the City of Boynton 7 Meeting Minutes Code Compliance Board Boynton Beach, FL November 20, 2013 Beach Code sections cited and moved to Order that the Respondent correct the violations on or before January 19, 2014. 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 January 19, 2014, 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. Chair Costantino recommended the Respondent contact Code Enforcement if the violations are completed prior to the date to inspect and close the case. Case No. 12 -806 Amy & Michael Senkowicz 915 Greenbriar Drive Officer Pierre presented the case as in the notice of violation and explained this case was a Cease and Desist. He explained their boat must be parked on a hard surface driveway or behind the roof line and the Respondent was to cease the boat repair. The hearing was held on September 19, 2012, and the Respondent appeared. The compliance date and fine set by the Board was September 29, 2012, or a fine of $250 per occurrence would be imposed thereafter. There was one occurrence on October 16, 2013. Mikylo Senkowicz, 915 Greenbriar Drive, was present. He confirmed he was warned about the issue, but the last time he was present he was told he could make minor repairs on the boat at the property. He came home from fishing and left the boat in the road as he was working on it and the Code Officer took photographs. He did not know he could not work on the boat on the street. He feels he has been harassed. One of his neighbors hates him and keeps calling when the boat is in the street. Michael Senkowicz, the property owner, explained his son does not live at the premises. He acknowledged there is a problem with a neighbor and the neighbor knew how to work the system. He requested the Officer explain the violation. Officer Pierre explained the boat cannot be stored on the street and he had photos of the boat parked on the street. When Officer Pierre was called, he went to the premises. The boat was on the street and he was working on it. The Code does not allow it. He took the photograph and according to the Cease and Desist Order, it is a violation. Mikylo Senkowicz explained the Officer had been on his street several times and the boat was always where it should be, but it is on an incline and it is hard to work on there, so he made minor repairs on the street. Officer Pierre stressed the Code Compliance Office receives many complaints from the neighbors regarding the boat parked on the street, blocking traffic. They opened the case to stop all of that. 8 Meeting Minutes Code Compliance Board Boynton Beach, FL November 20, 2013 Mikylo Senkowicz commented that was in the past and they complied. This one time, he had a problem with the boat and it was on the street because of the incline of the driveway. The neighbor called and they came and took the photograph. He understood he could make minor repairs. The neighborhood is a boating community. All the neighbors have been doing this. Mikylo Senkowicz explained did not have the money to take the boat somewhere else and indicated he was not blocking traffic. Chair Costantino requested seeing the photographs which were viewed by the Respondent and the members. Vice Chair Cole commented the photographs did not look like minor repairs as the covers were off both engines. Mikylo Senkowicz said the boat was only there for an hour, maybe two. They were changing a spark plug. Vice Chair Cole explained Palm Beach County, in addition to Boynton Beach, does not allow parking a boat in front of the home. A boat can be parked in front of the house on the driveway. Chair Costantino explained the Board was to determine if a violation of the Cease and Desist Order occurred on October 15, 2013. Motion Based on testimony and evidence in the aforementioned case, Mr. Cwynar moved to find Amy and Michael Senkowicz are not in violation of the City of Boynton Beach Code Ordinance section as cited. The motion died for lack of a second. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that the Respondents on October 16, 2013, did not comply with this Board's Cease and Desist Order dated September 19, 2012, and having considered the gravity of the violation, and the actions taken by the Respondents, that this Board impose and certify a fine in the amount of $250 per occurrence for one occurrence plus administrative costs. The motion died for lack of a second. Chair Costantino commented the Respondent is or is not in violation. They have the photographs for evidence and the Code Officer's testimony. The boat was on the street, the covers were off and work was being done. Mikylo Senkowicz reiterated he was told they can make minor repairs and they are about to sell the boat because it was not worth the trouble. 9 Meeting Minutes Code Compliance Board Boynton Beach, FL November 20, 2013 Ms. Yerzy inquired if they could not do any kind of repair whatsoever. Officer Pierre responded they cannot do any kind of work on the street. The boat should not be stored or worked on in the street. Mr. Senkowicz explained they were not storing the boat on the street. Motion Mr. Cwynar moved to table the case to February 18, 2014. Mr. Borelli seconded the motion. The motion passed 4 -2 (Chair Costantino and Vice Chair Cole dissenting). It was noted the case should be tabled to February 19, 2014. Mr. Cwynar agreed to the date of February 19, 2014. Case No. 11 -922 Thelmar & Jessie Patterson 536 NW 11 Avenue Ms. Springer presented the case as in the notice of violation. The notice of violation was April 21, 2011, to provide a healthy, properly maintained place for the tenant to live and keep the premises in good condition. All electrical outlets must be covered and working. All windows and screens and plumbing must be in good working order. Walls must be free of holes, and doors must be weatherproof and waterproof. The Respondents should exterminate for rodents, ants and bugs. All appliances must be in working order including the air conditioner. The case was heard on October 19, 2011, and no one appeared. The compliance date and fine set by the Board was October 29, 2011, or a fine of $250 per day would be imposed thereafter. The violations were corrected on September 26, 2013, having 697 days of non - compliance. Ms. Springer was contacted in August by Mr. Patterson and she explained what needed to be done to bring the case into compliance. The property was inspected on September 26, 2013, and the violations were corrected, but other violations, not part of the case, were found. The Respondents were asked to remove trash and debris, remove outside storage, mow and trim overgrowth, the palm tree in the rear of the house and weed and edge the driveway. An outstanding water bill of $1,291 was paid. The property was re- inspected on November 3, 2013, and it met all requirements for lien reduction. Perry Paterson, 518 NW 2 " d Street and his sister, Shirley Smith, 1020 NW 3rd Street, both of Boynton Beach, were present. They were the son and daughter of the Respondents. Mr. Patterson explained the property was solely controlled by his mother who died in June of this year. His father had died about 13 years ago. His sister and he were appointed executors of the estate and they attempted to bring the property into 10 Meeting Minutes Code Compliance Board Boynton Beach, FL November 20, 2013 compliance, which was accomplished. The family has been trying to determine how to work around the issues. There was a squatter in the premises which took a month to remove. There was no water service. The property is currently vacant and they were trying to get rid of the lien. Mr. Patterson estimated he spent $3,000 to $4,000 to repair the home. He purchased a new refrigerator and appliances, paint, and they trimmed the trees and cleaned the property. Ms. Springer had photographs she distributed to the Respondent and the Board. Mr. Patterson explained they were trying to sell the property years ago, but the mother did not want to. The property currently is not sold. A realtor is looking at it and there is a for sale sign on the property. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondents have complied with all lien reduction procedures set forth in Section 2 -84 through 2 -89 of the City of Boynton Beach Code of Ordinances, Mr. Cwynar moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of October 19, 2011, to an amount of $730.15 including administrative costs. Ms. Carroll seconded the motion that passed 5 -1 (Vice Chair Cale dissenting.) Case No. 12 -609 Central Mortgage Company 1050 NW 4 Street Ms. Springer presented the case. The notice of violation was sent April 11, 2012, regarding registration of a foreclosed property and to secure the dwelling and repair or replace broken windows. The case was heard on June 20, 2012, and no one appeared. The compliance date and fine set by the Board was June 30, 2012, or a fine of $200 per day would be imposed thereafter. The violations were corrected on November 8, 2013, having 495 days of non - compliance. Ms. Springer was contacted in September by an attorney who informed her the foreclosure was over and the property was purchased by FRED Florida LLC. She spoke with Jack Norton who requested a lien reduction inspection on October 1 10, 2013. The inspector found broken windows still existed and he provided other violations that needed to be corrected in order to apply for the lien reduction, which were to replace the air conditioning compressor, repair the front door knob and pay outstanding water bills of about $665. On November 6, 2013, the inspector re- inspected and found a broken PVC pipe in the rear yard. A re- inspection occurred on November 8, 2013, and the property met all requirements for the lien reduction. Jack Norton, FREO Florida, 201 North Franklin Street, Suite 1750, Tampa, explained he represents a hedge fund that purchases properties in South Florida. They purchase homes with the intent to improve them and rent them. He purchased many 11 Meeting Minutes Code Compliance Board Boynton Beach, FL November 20, 2013 properties for the company. In this instance, the home was purchased in a bulk sale, in January 2013. They painted, cleaned the interior, and landscaped the home with intent to rent, but decided it did not meet their criteria and to sell it. The home was under contract in September and he received the lien search and found out about the fines. The property is one of the best looking homes in the area. There was a broken window, but the home was vandalized and that was why they decided to sell it. When the home was vandalized, they stole the air conditioner and broke the doorknob. He spoke with Ms. Springer and took care of the problem in a few weeks. They spent about $1,500 and had to replace the air conditioning compressor. The property complied and they addressed the issues immediately. He hoped the fines would be reduced to administrative costs. The property was under contract. The fines were at $99K and the contract was about $92K. They had it listed for $89K and there were multiple offers. The purchaser was an investor and would probably lease it. Ms. Springer had photographs. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2 -84 through 2 -89 of the City of Boynton Beach Code of Ordinances, Mr. Cwynar moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of June 20, 2012, to an amount of $634.12 including administrative costs. The motion died for lack of a second. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2 -84 through 2 -89 of the City of Boynton Beach Code of Ordinances, Vice Chair Cole moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of June 20, 2012, to an amount of $3,634.12 including administrative costs. Ms. Yerzy seconded the motion that passed 5- 1 (Mr. Cwynar dissenting.) Case No. 11 -3137 Gustave Ovilma 3030 SE 2 " Street Ms. Springer presented the case as in the notice of violation. The notice of violation was sent on November 21, 2011, regarding obtaining a Business Tax Receipt for a rental property. The case was heard on January 18, 2012, and no one appeared. The compliance date and fine set by the Board was January 28, 2012, or a fine of $200 per day would be imposed thereafter. The violations were corrected on October 30, 2013, having 640 days of non - compliance. 12 Meeting Minutes Code Compliance Board Boynton Beach, FL November 20, 2013 The property was purchased in August 2013. Ms. Springer was contacted by Mr. Ernst Simeus who requested a lien reduction inspection. On November 6, 2013, she informed him he needed to replace screens and install smoke detectors in the bedroom. The home was re- inspected the next day and passed. There were no outstanding taxes or water bills that needed to be paid. Ernst Simeus, 6748 Bulrush Court, West Palm Beach, explained the property was purchased from a short sale and it was in foreclosure. The prior owner did not comply. He learned the tenant was served with the foreclosure notice and the tenant refused to leave and was evicted. There were many problems. Mr. Simeus planned to rent the premises. When they applied for the license, the inspector mentioned the repairs and they addressed them all. He requested the Board reduce the liens to administrative fees. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2 -84 through 2 -89 of the City of Boynton Beach Code of Ordinances, Ms. Yerzy moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of January 18, 2012, to an amount of $1,634.12, including administrative costs. Ms. Carroll seconded the motion that passed 5 -1 (Mr. Cwynar dissenting.) Case No. 11 -3036 Anita Winston 1633 NE 4 th Street Ms. Springer presented the case. The notice of violation was November 8, 2011, regarding securing building permits, restoring the exterior area to a sanitary condition including a sewer line spill, and removing all outdoor stored materials, trash and debris. The case was heard on March 21, 2012, and Jonathan Steinberg, the Respondent's son, appeared. The compliance date and fine set by the Board was May 5, 2012, or a fine of $250 per day would be imposed thereafter. The violations were corrected on June 13, 2013, having 403 days of non - compliance. Ms. Springer was contacted last year by Kim Martin, Ms. Winston's daughter, inquiring about the status of the case and she tried to correct the violations. At one point there was a fire. The brother was living in the home which became uninhabitable. The mother then became ill and was moved to Georgia. Ms. Martin again contacted Ms. Springer in June, and they met with the building department to discuss what needed to be done to repair the property. The entire roof was destroyed by the fire and it was suggested the roof be removed during hurricane season, but Ms. Martin decided to demolish the home. She contacted Habitat for Humanity and she gifted the property to them. Habitat subsequently demolished the home. All the permits were finalized and the lot was vacant. 3 Meeting Minutes Code Compliance Board Boynton Beach, FL November 20, 2013 Mike Campbell, 181 S. SE 5 th Avenue, Delray Beach, worked with the family since June or July to correct the violations. They offered to donate the land to Habitat for Humanity so they could construct an affordable home for a needy family and move forward with the property. They were also working with the Lord's Place across the street to provide construction training for the men living there. He requested the lien be reduced. Chair Costantino inquired about the training. Mr. Campbell explained the residents will be volunteers for Habitat's construction program and Habitat will build the home. Chair Costantino expressed concern regarding the construction debris. Mr. Campbell explained that would not occur. The process would take three to four months. They will begin construction around June 2014. Habitat has a maintenance contract with a company to maintain Habitat's 40 vacant lots. They are mowed twice per month to ensure they are kept clean. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2 -84 through 2 -89 of the City of Boynton Beach Code of Ordinances, Ms. Yerzy moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of March 21, 2012, to an amount of $634.12 including administrative costs. Vice Chair Cole seconded the motion. Chair Costantino wanted to follow through with the gifting and zero the fine. Ms. Yerzy amended her motion to zero. Ms. Carroll seconded the amendment that unanimously passed. Case No. 13 -2239 Aaron Clay and Alfred Dort Property Address: 310 Ocean Parkway Violation(s): BBA FBC 2010 ED 105.1 CO CH 15 SEC 15- 120(D) Inc. CO CH 10 SEC 10 -52 Secure permits for new door and windows. Remove trash and debris from property and swale area. Cease and Desist the storage of inoperable vehicles on the property and unpermitted auto repair. Officer Lewis presented the case as in the notice of violation. The case was a routine inspection. The initial inspection date was October 9, 2013. Ten days was given to correct the violations. The City wanted a Cease and Desist on the inoperable vehicles. He had been cited before for the auto repair and the trash and debris. Staff recommended 30 days for the permits and 10 days for the inoperable vehicles. 14 Meeting Minutes Code Compliance Board Boynton Beach, FL Nov ember 20, 2013 Alfred Dort, 310 Ocean Parkway, pled no contest and explained he is in a high crime area. He took a tag off a vehicle because the tag was stolen in the past. He had the vehicle registration showing he had the tag as well. Mr. Dort explained the vehicle was operable. Chair Costantino explained the plates needed to stay on the vehicle. Mr. Dort understood, but explained he sought to avoid the situation reoccurring. Officer Lewis explained the vehicle had a flat tire. When the case originated, there was a car raised with the tires off. Chair Costantino inquired if the car was the same vehicle Mr. Dort had the plates for. Officer Lewis explained the photographs show the car backed up to the home. He met with both owners this past week and explained he would ask for the Cease and Desist as they had a junk car on the premises before. The members viewed the photographs. Chair Costantino inquired if Mr. Dort considered putting the tag in the back window of the vehicle. Mr. Dort explained he had, but the windows would be broken and vandals would still take the tag. Chair Costantino explained if a police report was filed, it would be a legitimate reason for the tag to be off the vehicle. As to the violations regarding the permits, Mr. Dort was in the process of obtaining them and requested 30 days. He is a single father and he was trying to address the matter. The debris is in a designated area and they pick it up, but even when it is removed, some trash remains. He explained they were trying to minimize and address the situation. They filled out the permit paperwork, but they need to submit it and they were in the process of doing so. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that Aaron Clay and Alfred Dort are in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondents correct the violations on or before December 20, 2013. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $100 per day for each day the violations continue past December 20, 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. 15 Meeting Minutes Code Compliance Board Boynton Beach, FL November 20, 2013 Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that a Cease and Desist Order be issued giving Aaron Clay and Alfred Dort until November 30, 2013, to bring the violations of City of Boynton Beach Code sections as cited into compliance. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that a fine in the amount of $100 per recurrence of the violation thereafter shall be imposed upon the Respondents. Vice Chair Cole seconded the motion that passed unanimously. Mr. Dort inquired what constitutes an inoperable vehicle as sometimes tires do go flat. Chair Costantino explained a car cannot be driven with a flat tire and the Board has no way to know if there is anything wrong with it. If there is no tag on it, it appears to be undriveable. Case No. 13 -946 White Elk Enterprises, LLC Property Address: 220 W. Boynton Beach Boulevard Violation(s): BBA FBC 2010 ED 105.1 Permit required for remodeling work. Red tagged. 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. Carroll moved that this Board find that White Elk Enterprises, 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 30, 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 November 30, 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 passed 5 -1 (Mr. Cwynar dissenting). Case No. 13 -947 White Elk Enterprises, LLC Property Address: 226 W. Boynton Beach Boulevard Violation(s): BBA FBC 2010 ED. 105.1 Permit required for remodeling work. Red tagged. 16 Meeting Minutes Code Compliance Board Boynton Beach, FL November 20, 2013 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 White Elk Enterprises, 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 30, 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 November 30, 2013, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed 5 -1 (Mr. Cwynar dissenting). Case No. 13 -1121 Elizabeth Duarte Property Address: 128 SE 6 th Avenue Violation(s): BBA FBC 2010 ED. 105.1 Permit required to replace windows and interior remodeling. Officer Cain requested this case be tabled to the next meeting. Motion Ms. Yerzy moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on January 15, 2014. Ms. Carroll seconded the motion that unanimously passed. Case No. 13 -2109 Valerie Venegas Property Address: 450 NE 14 Avenue Violation(s): CO CH2 SEC 2.5 — 12+ 13 Excess false alarms and service fee. Officer Roy presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Valerie Venegas is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation 17 Meeting Minutes Code Compliance Board Boynton Beach, FL November 20, 2013 on or before November 30, 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 November 30, 2013, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed 5 -1 (Mr. Cwynar dissenting). Case No. 13 -2129 Carla Blue — Anthony Mays Property Address: 1291 SW 28 Avenue Violation(s): CO CH2 SEC 2.5- 12 +13 Excess false alarms and service fee. Officer Roy presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that Carla Blue — Anthony Mays 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 November 30, 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 November 30, 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 -2148 Dalland Properties LP — Eboni Shephard Property Address: 134 NW 6 th Avenue Violation(s): CO CH2.5 SEC 2.5- 3 +2.5 -7 Alarm permit/decal display. Officer Roy presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Dalland Properties LP — Eboni Shephard are in violation of the City of Boynton Beach Code section cited and moved to Order that the 18 Meeting Minutes Code Compliance Board Boynton Beach, FL November 20, 2013 Respondents correct the violation on or before November 30, 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 November 30, 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 -2260 Michele & Michael Perkins Property Address: 74 Cedar Circle Violation(s): CO CH2.5 SEC 2.5 -12 +13 Excess false alarms & service fees. 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, Ms. Yerzy moved that this Board find that Michele and Michael Perkins 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 November 30, 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 November 30, 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 -2103 Capstone Resdev LLC Property Address: 101 S. Federal Highway Violation(s): CO CH15 SEC 15- 120(D) INC CO CH10 SEC 10 -2 Mow overgrown lot and remove all trash and debris. Officer Cain presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion 19 Meeting Minutes Code Compliance Board Boynton Beach, FL November 20, 2013 Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Capstone Resdev 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 November 30, 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 November 30, 2013, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed 5 -1 (Mr. Cwynar dissenting). Case No. 13 -2134 Debra J. Wilson Property Address: 115 SW 2 "d Avenue Violation(s): CO CH10 SEC 10 -56 (A), (B), (C) and (E) Remove trash and debris. Remove outside storage. Clean and maintain pool in a sanitary condition. Repair rotted wood on shed. Replace broken windows. Rescreen front porch door. Secure open wiring. Mow weed and trim overgrowth and maintain per City ordinance. If property is rented, obtain a Business Tax Receipt. Officer Cain presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Debra J. Wilson 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 30, 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 November 30, 2013, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed 5 -1 (Mr. Cwynar dissenting). Case No. 13 -2232 HH Easco LLC Property Address: 222 SE 5 th Avenue Violation(s): CO CH13 SEC 13 -16 20 Meeting Minutes Code Compliance Board Boynton Beach, FL November 20, 2013 Apply for and pass Business Tax Receipt for rental property. 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 HH Easco 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 30, 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 November 30, 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 -2093 Shira Funding Group LLC Property Address: 3000 Ocean Parkway Violation(s): CO CH10 SEC 10 -56 (A), (B), (D) and (H) CO CH10 SEC 10 -57 (A), (B), (C) CO CH10 SEC 10 -59 (A) and (E) CO CH13 SEC 13 -16 Apply for and pass Business Tax Receipt inspection for rental property. Repair or replace all broken windows, rotted wood, kitchen cabinets, holes in the wall and exterminate any infestation. Officer Roy presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Shira Funding Group 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 November 30, 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 21 Meeting Minutes Code Compliance Board Boynton Beach, FL November 20, 2013 November 30, 2013, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed 5 -1 (Mr. Cwynar dissenting). Case No. 13 -1789 Barbara Schwartz Estate Property Address: 320 SW 5 th Avenue Violation(s): CO CH10 SEC 10 -56(B) Remove /repair broken fence. Officer Hart 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 Cale moved that this Board find that Barbara Schwartz Estate 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 30, 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 November 30, 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 -1892 Mary E. Darrell Property Address: 2510 NW 2 nd Street Violation(s): CO CH10 SEC 10 -52 CO CH 15 SEC 15- 120(D) Inc. Remove /repair inoperable vehicle. Remove all materials stored outside. 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, Vice Chair moved that this Board find that Mary E. Darrell is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the 22 Meeting Minutes Code Compliance Board Boynton Beach, FL November 20, 2013 violations on or before November 30, 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 November 30, 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 passed 5 -1 (Mr. Cwynar dissenting). Case No. 13 -1992 Commerce Warehouse LLC Property Address: 160 Commerce Road, Unit A Violation(s): CO CH13 SEC 13 -16 Unit A must have a Business Tax Receipt. Officer Hart 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 Commerce Warehouse 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 30, 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 November 30, 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 -2037 Nationstar Mortgage LLC Property Address: 506 NW 8tn Court Violation(s): CO CH1- 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. Maintain pool in a sanitary condition. Officer Hart presented the case as in the notice of violation. Staff recommended 30 days be given to correct the violations. Officer Hart explained the pool is not yet drained and they will begin the process to do so. It is covered with a wood and mesh cover. 23 Meeting Minutes Code Compliance Board Boynton Beach, FL November 20, 2013 Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Nationstar Mortgage 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 December 20, 2013. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $300 per day for each day the violations continue past December 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. Vice Chair Cole seconded the motion that passed 5 -1 (Mr. Cwynar dissenting). Case No. 13 -2041 Federal National Mortgage Assoc. Property Address: 120 SW 11 Avenue Violation(s): CO CH10 SEC 10 -56 (B) Repair roof on building in rear of property. Officer Hart 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 Assoc. 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 30, 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 November 30, 2013, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed 5 -1 (Mr. Cwynar dissenting). Case No. 13 -2064 Barry A. Morris Property Address: 237 NW 28 Street Violation(s): CO CH10 SEC 13 -16 Apply for and pass Business Tax Receipt for your rental property. 24 Meeting Minutes Code Compliance Board Boynton Beach, FL November 20, 2013 Officer Hart 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 Barry A. Morris 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 30, 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 November 30, 2013, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Vice Chair Cale seconded the motion that unanimously passed. Case No. 13 -2105 Wayne Graves Property Address: 46 Cedar Circle Violation(s): CO CH15 SEC 15- 120(E) Inc. CO CH15 SEC 15- 120(D) Inc. CO CH10 SEC 10 -56 (C) and (D) Mow and trim overgrowth. Remove all trash and debris as well as materials stored outside. Pool must be in a sanitary condition or drained and covered. Repair screen enclosure. Four - inch house numbers must be displayed on the home and be visible from the street. Officer Hart presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violations. It was learned the pool was not covered and the screen enclosure was ripped. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Wayne Graves 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 30, 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 November 30, 2013, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order 25 Meeting Minutes Code Compliance Board Boynton Beach, FL November 20, 2013 to arrange for re- inspection of the property to verify compliance with this Order. Vice Chair Cole seconded the motion that passed 5 -1 (Mr. Cwynar dissenting). Case No. 13 -1453 Virginia N. Nigro Property Address: 1811 NE 5th Violation(s): CO CH13 SEC 13 -16 Apply for and pass 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 Virginia N. Nigro 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 December 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 December 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 Case No. 13 -2029 Robert & Carol Muchel Property Address: 637 Las Palmas Parkway Violation(s): CO CH10 SEC 10 -56 (A). (B) and (C) Mow and trim overgrown yard areas. Restore pool to a sanitary condition. Officer Lewis presented the case as in the notice of violation. Staff recommended 30 days be given to correct the violations. He had spoken with the owner earlier and learned the Respondent's wife had died and he needed assistance with the trimming. The pool pump was broken so he was adding chlorine to it. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that Robert & Carol Muchel 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 December 20, 2013. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by 26 Meeting Minutes Code Compliance Board Boynton Beach, FL November 20, 2013 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 December 20, 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 passed 5 -1 (Mr. Cwynar dissenting). Case No. 13 -2174 US Bank National Assoc. TR Property Address: 2741 NW 1 st Street Violation(s): CO CH15 SEC 15 -120 (D) Inc. CO CH10 SEC 10 -56 (B) Apply for and pass inspection for Business Tax Receipt. Repair damaged concrete columns, mow and trim overgrown yard areas, remove all trash and debris. Officer Lewis presented the case as in the notice of violation. Staff recommended 15 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that US Bank National Assoc. TR is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before December 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 $300 per day for each day the violations continue past December 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 passed 5 -1 (Mr. Cwynar dissenting). Case No. 13 -2194 Brian J. Fitzpatrick Property Address: NE 1 St Street Violation(s): CO CH15 SEC 15- 120(D) Inc 10 -2 BBC of Ordinances CO CH10 SEC 10 -3 Mow, weed and trim all overgrown yard areas. Remove dead vegetation, trash and debris on the vacant lot. Cease and Desist further overgrowth, trash and debris violations. 27 Meeting Minutes Code Compliance Board Boynton Beach, FL November 20, 2013 Officer Lewis presented the case as in the notice of violation. Staff recommended a Cease and Desist Order for the overgrowth, trash, debris and mowing giving 10 days. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair moved that a Cease and Desist Order be issued giving Brian J. Fitzpatrick until November 30, 2013, to bring the violations of the City of Boynton Beach Code sections as cited into compliance. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that a fine in the amount of $500 per recurrence of the violation thereafter shall be imposed upon the Respondent. Ms. Yerzy seconded the motion that unanimously passed. Case No. 13 -2306 Joseph & Marie Saint Leger Property Address: 181 N. Atlantic Drive Violation(s): CO CH15 SEC 15- 120(D) Inc. Remove all tires, trash and debris and outdoor storage on the property. Officer Lewis presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violations. He requested a Cease and Desist Order as there was a pending case regarding vehicles. Also the neighbors had complained. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that a Cease and Desist Order be issued giving Joseph & Marie Saint Leger until November 30, 2013, to bring the violations of City of Boynton Beach Code sections as cited into compliance. The Board has considered the gravity of the violations, the actions taken by the Respondents, and any previous violations by the Respondents, and hereby orders that a fine in the amount of $500 per recurrence of the violations thereafter shall be imposed upon the Respondents. Vice Chair Cole seconded the motion that passed unanimously. Case No. 13 -1346 C C Consulting and Sales Inc. Property Address: 1083 SW 24 Avenue Violation(s): CO CH15 SEC 15- 120(D) Inc. BBA FBC 2 -1- ED 105.1 CO CH10 SEC 10 -56 (D) Obtain permit for the new windows. Install four -inch house numbers on building to be visible from the street. 28 Meeting Minutes Code Compliance Board Boynton Beach, FL November 20, 2013 Officer Pierre presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that C C Consulting and Sales Inc. 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 30, 2013. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $350 per day for each day the violations continue past November 30, 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 passed 5 -1 (Mr. Cwynar dissenting). Case No. 13 -1729 Two Guys Boynton Group LLC Property Address: 118 SW 25 th Avenue Violation(s): BBA FBC 2010 ED 1051 Air conditioning, irrigation systems and front door installed without proper permits. Red tagged. Officer Pierre presented the case as in the notice of violation. Staff recommended 30 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Two Guys Boynton Group LLC is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violations on or before December 20, 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 December 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 passed 5 -1 (Mr. Cwynar dissenting). Case No. 13 -1812 John & Rachel Floyd Property Address: 2201 SE 3` Street Violation(s): CO CH13 SEC 13 -16 29 Meeting Minutes Code Compliance Board Boynton Beach, FL November 20, 2013 CO CH15 SEC 15- 120(D) Inc. Apply for and pass inspection for Business Tax Receipt for rental property. Remove debris and outside storage from property including used tires. Officer Pierre presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that John & Rachel Floyd 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 November 30, 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 November 30, 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 passed 5 -1 (Mr. Cwynar dissenting). Case No. 13- 1836 LaSalle Bank National Assoc. Property Address: 1281 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. Mow overgrown yard areas and trim overgrown vegetation. Secure the property. Officer Pierre presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violations. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that LaSalle Bank National Assoc. 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 30, 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 30 Meeting Minutes Code Compliance Board Boynton Beach, FL November 20, 2013 November 30, 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 passed 5 -1 (Mr. Cwynar dissenting). Case No. 13 -1922 Ankit & Bansari Shah Property Address: 157 Lake Monterey Circle Violation(s): CO CH13 SEC 13 -16 Apply for and pass inspection for Business Tax Receipt for rental 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, Vice Chair Cole moved that this Board find that Ankit and Bansari Shah 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 November 30, 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 November 30, 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 -1930 Dept Pt- FL20461 /Storage Equities Inc. Property Address: 3000 S. Federal Highway Violation(s): CO CH13 SEC13 -16 Apply for and pass Business Tax Receipt for rental 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 Dept Pt- FL20461 /Storage Equities, 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 November 30, 2013. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations 31 Meeting Minutes Code Compliance Board Boynton Beach, FL November 20, 2013 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 November 30, 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 -1967 Branden Grimshaw Property Address: 906 SW 27 Terrace Violation(s): BBA FBC 2010 ED 105.1 Permit required to replace air conditioner. Red tagged. Officer Pierre 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 Branden Grimshaw 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 December 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 $150 per day for each day the violation continues past December 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 -2018 YUS Properties LLC Property Address: 2426 Venetian Way Violation(s): CO CH13 SEC 13 -16 Apply for and pass Business Tax Receipt for rental 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 YUS Properties LLC is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation 32 Meeting Minutes Code Compliance Board Boynton Beach, FL November 20, 2013 on or before November 30, 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 November 30, 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 -2169 Millicent Forbes Property Address: 715 Mission Hill Road Violation(s): CO CH10 SEC 10 -56 (C) CO CH 13 SEC 13 -16 Secure pool and fix the gate. Remove all debris from your carport. Outside storage is not allowed. Apply for and pass inspection for Business Tax Receipt 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, Vice Chair Cole moved that this Board find that Millicent Forbes 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 30, 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 November 30, 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 passed 5 -1 (Mr. Cwynar dissenting). Case No. 13 -2176 Deutsche Bank National Trust Co. Property Address: 144 SW 27 Place 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. Clean and maintain pool in a sanitary condition. Fix screen enclosure. Mow and trim back yard. Fix fence. 33 Meeting Minutes Code Compliance Board Boynton Beach, FL November 20, 2013 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 Deutsche Bank National Trust Co. 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 30, 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 November 30, 2013, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that passed 4 -2 (Messrs Cwynar and BoreAf dissenting). Officer Roy requested the following cases be certified at "No Fine:" Case No. 13 -1769 Robert V. Goeddel & 118 SW 14 Avenue Anna A. Owen - Goeddel Motion Based on testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that the Respondents, Robert V. Goeddel & Anna A. Owen - Goeddel, 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 October 16, 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. Case No. 13 -1414 Luz Escamilla 411 NE 25 Avenue Motion Based on testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that the Respondent, Luz Escamilla, 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 September 18, 2013, and in consideration of the gravity of the violation and the actions taken by the Respondent to remedy the violation 34 Meeting Minutes Code Compliance Board Boynton Beach, FL November 20, 2013 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 -1507 Juan & Paulina B. Garcia 2317 NE 4 Street Motion Based on testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that the Respondents, Juan & Paulina B. Garcia, 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 September 18, 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 -1915 The Platinum Org. Inc. 2730 N. Seacrest Blvd. Motion Based on testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that the Respondent, The Platinum Org., Inc. 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 October 16, 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 -1302 Delores Swasey 3 Corrie Place Motion Based on testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that the Respondent, Delores Swasey, 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 September 18, 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. 35 Meeting Minutes Code Compliance Board Boynton Beach, FL November 20, 2013 Case No. 13 -1322 Charles T. Murone Jr. 719 Meadows Circle Motion Based on testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that the Respondent, Charles T. Murone, 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 September 18, 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 Roy requested the following cases be tabled to January 95, 2094; Case No. 12 -1721 Thomas McGraw 118 SE 29 Avenue Motion Ms. Carroll 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 -1412 Ronald II & Gerri Taylor 714 Buttonwood Lane Motion Ms. Carroll 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. Officer Roy read the following into the record. "The City was requesting that the fines be certified in the following cases. All the violators have been provided Notice of tonight's hearing, with Proof of Notice filed in the record with the Board Clerk. No one is present this evening for any of the cases I am requesting for certification at this time. All of the cases have been re- inspected and each case remains in non- compliance. The following cases are requested for certification at this time in the amount established by the Board in the Orders of Violation for each case, as set forth on the docket ": 36 Meeting Minutes Code Compliance Board Boynton Beach, FL November 20, 2013 Case No. Name Address Amount per day 13 -1250 New York Community Bank 418 NW 11 Avenue 150.00 13 -1330 Ricky Norfus 133 NW 14 Avenue 150.00 13 -1585 Jean Alexis 3201 N. Seacrest Boulevard 150.00 13 -1793 Henry Sharp 214 NW 5 th Avenue 350.00 13 -1910 Targon IV LLC 534 NW 5 th Street 500.00 13 -1917 Lloyd S. Thompson 2731 NW 2 Street 300.00 13 -1918 Rishad S. Ahmed 2161 N. Seacrest Blvd. 100.00 13 -1923 Dalland Properties LP 233 NW 5 th Court 500.00 13 -1985 Rene & Yanet Estrada 423 NW 11 th Avenue 300.00 13 -1581 Ginette Joseph 3460 Ocean Parkway 100.00 13 -1423 Dalland Properties LP 2206 NE 4 th Court 250.00 13 -1675 Blanche H. Girtman NE 10 Avenue 200.00 13 -1854 Julia Robinson and 215 NE 21 Avenue 300.00 Carl E. Smith 13 -1479 US Bank National Assoc. 1016 SW 28 Avenue 250.00 13 -1684 Royal Residential Real Estate 2881 SE 2nd Street 150.00 13 -1308 Xuejun Zhu and Li Rao 801 Meadows Circle 100.00 13 -1416 Bank of New York Mellon 1018 W. Fairfax Circle 1,000.00 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. Officer Roy requested certifying a Cease and Desist for 6 occurrences at $500 per occurrence. Case No. 11 -3461 Joseph & Marie Saint Leger 181 N. Atlantic Drive Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole move that this Board find that the Respondents Joseph & Marie Saint Leger on 6 occasions did not comply with this Board's Cease and Desist Order dated February 15, 2012, and having considered the gravity of the violations, the actions taken by the Respondents that this Board impose and certify a fine in the amount of $500 per 37 Meeting Minutes Code Compliance Board Boynton Beach, FL November 20, 2013 occurrence for 6 occurrences plus administrative costs. Ms. Yerzy seconded the motion that unanimously passed. Chair Costantino explained several of the Board members have asked about the email sent to them from the City Attorney's office. Ms. Carroll inquired if anyone can elaborate on it and whether the Board was being replaced by a Grand Master. Attorney Bridgeman explained she did not have an answer as it was an administrative decision. They will evaluate how things go with a Magistrate and then decide what to do going forward. Ms. Carroll inquired about the members whose seats are up in December. Attorney Bridgeman suggested proceeding as normal. It was noted there was no meeting in December. 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 8:36 p.m. Catherine Cherry Minutes Specialist 112513 38