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Minutes 05-15-13 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD ON WEDNESDAY, MAY 15, 2013, AT 6:30 P.M., IN COMMISSION CHAMBERS CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Shana Bridgeman, Assistant City Attorney Gary Cole, 1 st Vice Chair Diane Springer, Code Compliance Coordinator Rose Marie Yerzy, Interim 2nd Vice Chair Carol Brenner Kathleen Carroll ABSENT: Alan Borrelli I. Call to Order Chair Costantino called the meeting to order at 6:33 p.m. and announced that Mr. Foot resigned and he hoped to reapply at a later date. Motion Ms. Carroll moved to make the two Interim Vice Chairs permanent. Ms. Brenner seconded the motion that unanimously passed. II. Approval of March 20, 2013, and April 17, 2013, Code Board Minutes and April 24, 2013, Lien Reduction Minutes There were two corrections to the March 20, 2013, minutes which were: Page 22 — Case # 13 -69, the second time the compliance date appears in the motion should read March 30, 2013. Page 23 — Case No. 12 -1721 — the tabled date should be May 15, 2013, instead of May 17, 2013. Motion Ms. Carroll moved to accept the minutes as amended. Ms. Yerzy seconded the motion that unanimously passed. 1 Meeting Minutes Code Compliance Board Boynton Beach, FL May 15, 2013 There was one change made to the April 17, 2013, minutes which was Page 20, Under the "No Fine" cases, Case No. 11 -2340 should be 12 -2340. Motion Ms. Carroll moved to accept the minutes as amended. Mr. Cole seconded the motion that unanimously passed. There were no changes to the April 24, 2013, Lien Reduction Minutes. III. Approval of Agenda Vestiguerne Pierre, Senior Code Compliance Officer, announced the following changes to the agenda: Case No. 13 -11 was tabled to June 19, 2013. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on June 19, 2013. Mr. Cole seconded the motion that unanimously passed. Case No. 13 -576 was tabled to June 19, 2013. Motion Mr. Cole moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on June 19, 2013. Ms. Carroll seconded the motion that unanimously passed. The violations in Case Nos. 12 -1642, 13 -135, 13 -140, and 13 -272 were corrected. Motion Ms. Carroll moved to approve the agenda. Ms. Yerzy 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. 2 Meeting Minutes Code Compliance Board Boynton Beach, FL May 15, 2013 Case No. 13 -56 Charmantine Joseph Property Address: 406 NW 3rd Street Violation(s): CO CH 10 SEC 10 -56(A) Repair driveway. Officer Pierre presented the case as noted above. Joe Lapotka, Esq., 710 S. Olive Avenue, West Palm Beach, representing SunTrust Bank was present. He pled no contest and stated the owner was scheduled to appear. Officer Pierre clarified staff cited the property owner and the Bank received a copy of the violation. The property is occupied and was in foreclosure. The Lis Pendens was filed February 23, 2010, and the Hearing for Final Judgment was set for June 7. It was noted the sale date for the property would be announced then. Officer Pierre explained he was told the driveway would be fixed by Friday. He spoke with the occupant several times and was advised he was working with the Bank to keep the property Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that Charmantine Joseph is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before June 14, 2013. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $150 per day for each day the violation continues past June 14, 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. 12 -1787 Frank R. Risch Property Address: 10 Misty Meadow Drive Violation(s): BBA FBC '07 Ed 105.1 Permit expired. Obtain new permit for solar water heater. Red tagged. Courtney Cain, Code Compliance Officer, presented the case. The initial inspection date was September 18, 2012, and the case was a City department referral for the referenced violations. Written notice was given, and the property was posted on May 6, 2013. Staff recommended 30 days be given to correct the violations. Frank Risch, 10 Misty Meadow Drive, pled not guilty. 3 Meeting Minutes Code Compliance Board Boynton Beach, FL May 15, 2013 Officer Cain explained the Respondent was sited to obtain a new permit for the solar water heater that was installed. Officer Cain had been dealing with Mr. Risch since September 2012, but there had been no resolution of the issue. The contractor that originally pulled the permit disappeared. Mr. Risch has been in touch with the Building Department and Karl Swierzko, the Chief Building Inspector, who has been providing guidance how to resolve the problem. Officer Cain brought the case to the Board as an ongoing case, and he had extended it several times to help him come into compliance. It did not appear a resolution would occur any time soon. Mr. Risch explained he has been trying to find the company for two years. He went to the State and County to locate the original contractor. The company went out of business in Boca Raton, but they are currently located in Melbourne. The installation took place, but the permit from the City had expired and there had been no inspection. He tried to obtain a permit three times, but the City would not issue one. Mr. Sweirzko said the permit had to be pulled by the original contractor, and the heater had to be hardwired. Mr. Risch paid $225 to have it hardwired by a licensed contractor, but the City would not inspect it. He called and sent letters and they refused to contact or talk to him. Mr. Swierzko recommended filing a complaint with the State, which he did. According to the West Palm Beach office, the matter was still under investigation. An inquiry was made whether, in general, the water heater would be in compliance in its current state. Officer Cain explained the only way to be in compliance is to get the permit. An owner permit cannot be issued because the work had to be performed by a licensed contractor. The City is requiring him to use the original contractor. Mr. Risch hired another licensed contractor to hardwire the heater and the name of the contractor was given to him by the Building Department. The City would still not issue the permit because they would not go against the original contractor Officer Cain explained contractors do not like finishing work started by another contractor. Chair Costantino thought this was contrary as engineering and architectural drawings are accepted by the Building Department for other code cases regarding work other contractors started. Officer Cain was under the impression, in the situation Chair Costantino laid out, that if an engineer and contractor were willing to accept such a project, it was okay with the City, but contractors usually would not. Chair Costantino recommended tabling the case and hearing it at the Lien Reduction meeting to be held next week. It was requested Mr. Swierzko attend the next meeting and explain why using another contractor was not permissible. 4 Meeting Minutes Code Compliance Board Boynton Beach, FL May 15, 2013 Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Lien Reduction meeting to be held on May 22, 2013. Vice Chair Cole seconded the motion that unanimously passed. Case No. 13 -450 Joseph & Gizelle St. Pierre Property Address: 458 SW 2nd Avenue Violation(s): CO CH15 SEC 15- 120(D) Inc. CO CH10 SEC 10 -2 CO CH 10 SEC 10 -56 (A), (B), (D) Mow grass, weed and trim overgrowth on property. Remove outside storage on front porch and property. Install four -inch numbers on the building to be visible from the City Street. Wendy Pacheco, Code Compliance Officer, presented the case which arose from a routine inspection. The initial inspection date was March 14, 2013, for violations pertaining to mowing grass, weeds, removing outside storage and posting house numbers. Ten days was given to correct the violations. Officer Pacheco spoke to Mr. St. Pierre who indicated he was in a car accident and would comply after he healed. Some of the work was done. Staff recommended 30 days be given to correct the violations. Joseph St. Pierre, 458 SW 2nd Avenue, pled not guilty. Officer Pacheco had photographs she showed to the Respondent and Board. Mr. St. Pierre confirmed the photos were of his yard. His son cleaned the front yard, but he could not clean up the back. He needed 30 days to address all the violations. if not, he would hire someone to do so. He was also working on the house numbers. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that Joseph and Gizelle St. Pierre are in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondents correct the violations on or before June 14, 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 June 14, 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. 5 Meeting Minutes Code Compliance Board Boynton Beach, FL May 15, 2013 Case No. 13 -578 JP Morgan Chase NA Property Address: 1102 NW 8th Street Violation(s): CO CH10 SEC 10 -51.5 Inc. Property that is vacant or subject to default must be registered and maintained per City Code. Register property. Remove or trim Florida Holly. Cut grass and trim hedges, trees and bushes. Officer Pacheco presented the case as contained in the notice of violation. The case arose from a routine inspection. The initial inspection date was March 25, 2013, for the above referenced violations. Fifteen days was given to correct the violations. Notice was sent on April 16, 2013. Staff recommended 45 days be given to correct the violations. Amy Consilio, 2424 N. Federal Highway, Boca Raton, Attorney for JP Morgan Chase, explained the home was a foreclosure and pled no contest. She agreed 45 days was sufficient to achieve full compliance. Chair Costantino inquired why the recommendation was made to trim the Florida Holly when it is invasive. Officer Pacheco responded it could be trimmed or removed. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that JP Morgan Chase NA is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violations on or before June 29, 2013. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $150 per day for each day the violations continues past June 29, 2013, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Yerzy seconded the motion that unanimously passed. Case No. 13 -631 Robert E. Lee, Jr. Property Address: 1135 SW 25th Avenue Violation(s): CO Ch 13 SEC 13 -16 LDR CH3 ARTV SEC 3(C) Business Tax Receipt needed for home business — cease antifreeze manufacturing from garage until license received. 6 Meeting Minutes Code Compliance Board Boynton Beach, FL May 15, 2013 Officer Pierre presented the case as contained in the notice of violation. A Business Tax Receipt was needed and the Respondent was present. Robert Lee, Jr. 1135 SW 25th Avenue, pled no contest and stated he has a Business Tax Receipt. The issue was he makes antifreeze in the garage. Mr. Lee explained antifreeze cannot be made in a garage as it was a distillery product. He was trying to improve the quality of what he is doing, which was to go to customer locations and recycle their antifreeze there. At his home, he has several small tanks and a filtration system using 75% water and 25% glycol. He is trying to get the color right. He runs it through a carbon media to obtain an improved product, similar to removing odors or colors from well water. After that, the product would be brought to the customer, but he was just experimenting with it to see what combination worked. A question was posed whether the substances were combustible. Mr. Lee responded it is not a combustible or hazardous solution. When asked whether it were toxic, he maintained antifreeze was not toxic. Mr. Lee indicated he has a license from the EPA and his address was on the license. Upon further questioning, Mr. Lee responded he would stop the process and rent a place in Delray. He contended people do not understand the material he deals with is nothing more than water and glycol. There were no chemicals used or anything to hurt anyone. He explained coolants were put on the hazardous list years ago because of the materials in vehicle radiators and they now use plastic. The solutions were then adjusted. Officer Pierre explained a Business Tax Receipt is permitted for a home occupation, but it specifies one cannot use their garage for storage, or manufacturing. The license only covers an office, phone and car for personal office use. Discussion followed on how the Board should proceed. Attorney Bridgeman explained the issue was whether the Board feels he had a license to do what he was doing and if not, to make a finding a violation occurred, or vote to find him in compliance, because he does have a Business Tax Receipt. It was decided a motion finding a violation would be entered and a Cease and Desist Order would also be needed. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Robert E. Lee, Jr. is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before May 25, 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 May 25, 2013, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Brenner seconded the motion. 7 Meeting Minutes Code Compliance Board Boynton Beach, FL May 15, 2013 Vote There was discussion on the fine amount and Ms. Carroll amended the fine amount to $500 per day. Ms. Brenner agreed to the amendment and seconded the motion that unanimously passed. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that a Cease and Desist Order be issued giving Robert E. Lee, Jr. until May 25, 2013, to bring the violations of City of Boynton Beach Code sections as cited into compliance. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that a fine in the amount of $1,000 per recurrence of the violation thereafter shall be imposed upon the Respondent. Ms. Yerzy seconded the motion that passed unanimously. Chair Costantino explained to Mr. Lee he has 10 days to prove he is in compliance before the $500 per day fine applied and each occurrence of the violation would result in a $1,000 fine. Attorney Bridgeman administered an oath to the next two Respondents, who would testify. Case No. 13 -452 Dieufort & Yanick Louis -Jeune Property Address: 469 SW 2nd Avenue Violation(s): CO CH15 SEC 15- 120(D) Inc. CO CH10 SEC 10 -2 CO CH10 SEC 10 -56(A) and (B) CO CH13 SEC 13 -16 CO CH10 SEC 10 -24(A) (1) Apply and pass inspection for Business Tax Receipt for rental property. Trim trees and hedges. Install minimum four -inch house numbers on building to be visible from the street. Remove outside storage, mow grass and weeds and keep trash cans out of public view. Officer Pacheco presented the case. The initial inspection date was March 19, 2013, for the above referenced violations. The Respondents corrected most of them and only the Business Tax Receipt, numbers on the residence and some outside storage remained. Staff recommended 30 days be given to correct the violations. 8 Meeting Minutes Code Compliance Board Boynton Beach, FL May 15, 2013 Jeune Louis Dieufort, 469 SW 2nd Avenue, pled no contest and requested 10 days. He had started the process for the Business Tax Receipt and explained it is a rental property. He had not yet called for an inspection as he was just starting the process. Officer Pacheco had photographs she presented to the Board. After review, Chair Costantino suggested tabling the matter to give the City the opportunity to inspect. Motion Ms. Carroll moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on June 19, 2013. Ms. Yerzy seconded the motion that unanimously passed. Case No. 13 -575 Litha Milfort Property Address: 504 NW 8th Court Violation(s): CO CH15 SEC 15- 120(D) Inc and (B) 2D CO CH10 SEC 10 -2 Remove outside storage, tires, mattresses, bed frames, broken glass, trash and debris. Mow grass and trim all bushes and hedges, including rear swale area by road. Officer Pacheco presented the case as contained in the notice of violation. The initial inspection date was March 26 2013, for the above referenced violations. Officer Pacheco had photographs she distributed. She advised the front yard looked good and only the rear yard had storage problems. Staff recommended 10 days be given to correct the violations. Litha Milford, 504 NW 8th Court, pled no contest and stated she did not know what to do with the tires from the backyard. Officer Pacheo agreed to advise her of their proper disposal after meeting. Officer Pacheco had photographs she showed the Respondent and the Board. The Respondent only had to trim the hedges and make them neat, not trim the height. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that Litha Milfort 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 May 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 $100 per day for each day the violations continue past May 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- 9 Meeting Minutes Code Compliance Board Boynton Beach, FL May 15, 2013 inspection of the property to verify compliance with this Order. Ms. Brenner seconded the motion that unanimously passed. Case No. 13 -338 JP Morgan Chase Bank NA Property Address: 1802 Meadows Circle W Violation(s): BBA FBC 2010 ED. 105.1 Permit required for demolition work, (removal of mold and drywall) as noted in red tag. Officer Cain presented the case as in the notice of violation. He reported it is a health hazard and 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 JP Morgan Chase Bank NA 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 May 25, 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 May 25, 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 -339 Tarpon IV LLC Property Address: 1815 Meadows Circle W. Violation(s): BBA FBC 2010 ED. 105.1 Remove mold from the property. Permit required for all work being done in Unit (Electric, plumbing, mechanical) as in red tag. Officer Cain presented the case as in the notice of violation. He reported it is a health hazard and 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 Tarpon IV 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 May 25, 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 May 25, 10 Meeting Minutes Code Compliance Board Boynton Beach, FL May 15, 2013 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 -509 Bernie & Colleen Hoffman Property Address: 940 Greenbriar Drive Violation(s): LDR CH1 Art V SEC. Remove basketball hoop from right -of- way and maintain on your property. Officer Cain presented the case as in the notice of violation. He requested a Cease and Desist Order be entered as it could be a health hazard. 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 Bernie & Colleen Hoffman 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 May 25, 2013. The Board has considered the gravity of the violation, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $500 per day for each day the violation continues past May 25, 2013, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Vice Chair Cole seconded the motion that unanimously passed. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that a Cease and Desist Order be issued giving Bernie & Colleen Hoffman until May 25, 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 Respondents, and any previous violations by the Respondents, and hereby orders that a fine in the amount of $1,000 per occurrence of the violation thereafter shall be imposed upon the Respondents. Vice Chair Cole seconded the motion that passed unanimously. Case No. 13 -240 AUM Properties LLC Property Address: 226 SW 10th Avenue Violation(s): CH CO 20 SEC 13 -16 Business Tax Receipt required to rent unit. 11 Meeting Minutes Code Compliance Board Boynton Beach, FL May 15, 2013 Pete Roy, Chief Code and Rehabilitation Officer, presented the case as contained 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 AUM Properties, 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 May 25, 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 May 25, 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 -592 Federal National Mortgage Association Property Address: 3528 S. Seacrest Boulevard Violation(s): CO CH10 SEC 10 -51 -5 Property that is vacant or subject to default must be registered and maintained per City Code. Mow overgrown yard and trim vegetation. 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 Federal National Mortgage Association is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violations on or before May 25, 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 May 25, 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. 12 -2092 Patrick Moree Property Address: 350 NE 27th Avenue Violation(s): CO Ch15 SEC 15- 120(D) Inc. 12 Meeting Minutes Code Compliance Board Boynton Beach, FL May 15, 2013 CO CH1- SEC 10 -56(B) Remove all appliances, metal, barrels, inoperable vehicles, trash and debris from the property. Property needs to be maintained per code. Skip Lewis, Senior Code Compliance Officer, presented the case as contained in the notice of violation. Staff recommended 30 days be given for compliance. He explained the property owner was trying to evict the tenants. Chair Costantino noted this case had been extended several times. Officer Lewis advised the property owner has been bringing the property into compliance. The tenant is a junk, scrap metal operator and he was served with eviction papers, but the process takes time. The Respondent intends to improve the property and sell it. Officer Lewis had photographs he distributed to the Board. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Patrick Moree is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before June 14, 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 June 14, 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 -7 Manette Paul Property Address: 2206 NE 2nd Court Violation(s): CO CH15 SEC 15- 120(D) Inc. CO CH10 SEC 10- 56(A), (B) Mow, weed and trim overgrowth in the rear. Repair fence. Install four -inch house numbers on building to be visible from the street. Officer Lewis presented the case as contained in the notice of violation. He advised the only outstanding violation was to repair the fence. The Respondent was present earlier in the meeting and left, but she requested 30 days to repair the fence due to financial constraints. Staff recommended 30 days be given for compliance. 13 Meeting Minutes Code Compliance Board Boynton Beach, FL May 15, 2013 Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Manette Paul is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before June 14, 2013. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past June 14, 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 -147 Dalland Properties LP Property Address: 137 NE 11th Avenue Violation(s): CO CH15 SEC 15- 120(D) Inc. CO CH10 SEC 10 -56 (B), (D) Remove broken and deteriorated wood fencing, 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, Vice Chair Cole moved that this Board find that Dalland Properties LP 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 May 25, 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 May 25, 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 -234 Danie L. Jackson Property Address: 38 S. Palm Drive Violation(s): CO CHI SEC 15- 120(D) Inc. CO CH10 SEC 10 -51 and 10 -52 Remove inoperable vehicles from yard and swale areas. Cease and desist storing vehicles 14 Meeting Minutes Code Compliance Board Boynton Beach, FL May 15, 2013 in the right -of -way on property and other rights - of -way. Officer Lewis presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violations. A Cease and Desist Order was also requested for the storage of inoperable vehicles. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that Danie L. Jackson 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 May 25, 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 May 25, 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. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that a Cease and Desist Order be issued giving Danie L. Jackson until May 25, 2013, to bring the violations of City of Boynton Beach Code sections as cited into compliance. The Board has considered the gravity of the violations, the actions taken by the Respondent, and any previous violations by the Respondent, and hereby orders that a fine in the amount of $1,000 per occurrence of the violation thereafter shall be imposed upon the Respondent. Vice Chair Cole seconded the motion that passed unanimously. Case No. 13 -310 Roy Dean Property Address: 2601 NE 3rd Court 102 Violation(s): BBA FBC 2010 ED 105.1 Permit required for demolition work in apartment as noted in red tag. Officer Lewis presented the case as contained 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 Roy Dean is in violation of the City of Boynton 15 Meeting Minutes Code Compliance Board Boynton Beach, FL May 15, 2013 Beach Code section cited and moved to Order that the Respondent correct the violation on or before May 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 May 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 -343 Rosebud House, LLC Property Address: 121 NE 4th Avenue Violation(s): CO CH 13 SEC. 13 -16 Business Tax Receipt inspection needed. Officer Lewis presented the case as in the notice of violation. Staff recommended 15 days be given to correct the violation. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Rosebud House, 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 May 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 May 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 -605 Jonah & George S. Frederick Property Address: 319 NE 15th Court Violation(s): CO CH15 SEC. 15- 120(D) Inc. BBA FBC 2010 ED. 105.1 CO CH10 SEC 10 -56(C) Secure Pool from entry with approved pool barrier. Permit required. Sod swale area. Remove trash and debris on property. Officer Lewis presented the case as in the notice of violation. The only outstanding violation was to secure a permit. The Respondent was at the meeting earlier and left. The pool is secure. The staff recommended 15 days be given to correct the violation. The Respondent requested 30 days and had just purchased the property. Officer Lewis 16 Meeting Minutes Code Compliance Board Boynton Beach, FL May 15, 2013 had cited the earlier owner for the same violations, and had to recite the new owners. The violations were inherited. Pool barriers have to be inspected and approved. The Respondent understands and wants to comply, but had to obtain a permit. He noted the house looks very nice. There is wood fencing, which was installed without the permit, but it is securely locked, where it was previously open for a long time. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that Jonah & George S. Frederick 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 June 14, 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 June 14, 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 -607 Inoel Ruiz Property Address: 3225 E. Atlantic Drive Violation(s): CO CH13 SEC 13 -16 Business Tax Receipt inspection needed. Officer Lewis presented the case as in the notice of violation. Staff recommended 15 days be given to correct the violation. He explained the truck was removed. The Respondent was also present earlier in the meeting and left. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Inoel Ruiz 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 May 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 May 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 -608 Angela D. Girtman Property Address: 1920 NE 1st Lane 17 Meeting Minutes Code Compliance Board Boynton Beach, FL May 15, 2013 Violation(s): CO CH15 SEC 15- 120(D) INC CO CH14 SEC 14 -3 CO CH10 SEC 10 -52 Remove inoperable vehicles and trucks over one ton from the property. Mow and trim overgrown weeds and yard. Remove trash and debris. Officer Lewis presented the case as contained in the notice of violation. Staff recommended 15 days be given to correct the violations. Officer Lewis commented the Respondent was present earlier in the meeting, and left. She stated the oversized truck was removed, but he was unable to verify it. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that Angela D. 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 May 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 May 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 -653 Wachovia Mortgage FSB Property Address: 620 NE 7th Avenue Violation(s): CO CH15 SEC 15 -120 (D) INC. CO CH 13 SEC 13 -16 Inspection needed for Business Tax Receipt for rental property. Move inoperable vehicles, trailers and outdoor stored materials. Mow and yrim overgrown yard areas. Officer Lewis presented the case as contained in the notice of violation. Staff recommended 10 days be given to correct them. He noted the bank owns the property, but people are living there. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Yerzy moved that this Board find that Wachovia Mortgage FSC is in violation of the City of 18 Meeting Minutes Code Compliance Board Boynton Beach, FL May 15, 2013 Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before May 25, 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 May 25, 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 -275 Bank of America Property Address: 1301 NW 8th Street Violation(s): CO CH15 SEC 150120(D) INC CO Ch 13 SEC 13 -16 Inspection needed for Business Tax Receipt for rental property. Remove inoperable vehicles, trailers and outdoor stored materials. Mow and trim overgrown yard areas. Officer Pacheco presented the case as contained in the notice of violation. Staff recommended 30 days be given to correct the violations. Officer Pacheco had photographs for the Board. The property was maintained by mowing only. There was much work that needed to be done. The boat on the property belonged to a neighbor. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that Bank of America is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before June 14, 2013. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $300 per day for each day the violations continue past June 14, 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 -351 Nelson Antoine Property Address: 1401 NW 3rd Street Violation(s): CO CH15 SEC 15- 120(D) INC. CO CH13 SEC. 13 -16 Inspection needed for Business Tax Receipt for rental property. Remove debris in back of property. 19 Meeting Minutes Code Compliance Board Boynton Beach, FL May 15, 2013 Officer Pierre presented the case as contained 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 Nelson Antoine 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 May 25, 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 May 25, 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 -415 Casa 2 B LLC Property Address: 206 NW 5th Avenue Violation(s): CO CH13 SEC 13 -16 Inspection needed for Business Tax Receipt for rental property. Officer Pierre presented the case as contained 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 Casa 2 B 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 May 25, 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 May 25, 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 -241 AUM Properties LLC Property Address: 229 W. Ocean Avenue Violation(s): CO CH 13 SEC 13 -16 Business Tax Receipt needed to rent residence. 20 Meeting Minutes Code Compliance Board Boynton Beach, FL May 15, 2013 Officer Roy presented the case as contained 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 AUM Properties LLC is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before June 14, 2013. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per day for each day the violation continues past June 14, 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 -480 Keith & Cheryl Washington Property Address: 411 SW 10th Avenue Violation(s): CHIP 13 ART 1 SEC 13 -16 Inspection for the Business Tax Receipt needed. Officer Roy presented the case as contained 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 Keith & Cheryl Washington 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 May 25, 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 May 25, 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 -627 Chase Bank Finance Property Address: 122 SW 4th Avenue Violation(s): CO CH10 SEC 10 -51.5 INC Property that is vacant or subject to default must be registered and maintained per City 21 Meeting Minutes Code Compliance Board Boynton Beach, FL May 15, 2013 Code. Remove dilapidated shed, outside storage, trash and debris. Do not occupy house without proper water service. Officer Roy presented the case as contained 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 Chase Bank Finance 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 May 25, 2013. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $300 per day for each day the violation continues past May 25, 2013, plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Vice Chair Cole seconded the motion that unanimously passed Officer Pierre recommended the following cases be certified as "No Fine ": Case No. 12 -1788 Joseph & Bernadette Alexander 10 NE 19th Avenue Case No. 12 -791 Peter & Cynthia Thomsen 464 S. Circle Drive Case No. 13 -161 Bertha Elmond 2915 SE 2nd Street Case No. 13 -158 ATM Trading Inc. — Kwik Stop 524 Gateway Boulevard Case No. 12 -2260 BAC Home Loans Servicing LP 906 NW 13th Avenue Case No. 13 -123 Jean R. Alerte 2350 N. Seacrest Boulevard Case No. 13 -200 James G. Ambroise 261 NW 28th Avenue Case No. 12 -1301 Louis & Michele Cammarata 1660 Renaissance Commons Boulevard No. 2503 Motion Based on testimony and evidence presented in the aforementioned cases, Ms. Carroll moved that this Board find that the named Respondents were in violation of the City of Boynton Beach Code section as cited subsequent to the date of compliance specified in 22 Meeting Minutes Code Compliance Board Boynton Beach, FL May 15, 2013 the Board's Orders, 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." Vice Chair Cole seconded the motion that unanimously passed. Case No. 12 -1721 Thomas McGraw 118 SE 29th Avenue Officer Pierre requested this case be tabled to June 19, 2013. Motion Ms. Yerzy moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on June 19, 2013. Ms. Carroll seconded the motion that unanimously passed. Officer Pierre read the following into the record: "The City was requesting that the fines be certified in the following cases. All the violators have been provided Notice of tonight's hearing, with proof of Notice filed in the record with the Board Clerk. No one is present this evening for any of the cases I am requesting for certification at this time. All of the cases have been re- inspected and each case remains in non- compliance. The following cases are requested for certification at this time in the amount established by the Board in the Orders of Violation for each case, as set forth on the docket Case No. 12 -2285 Danie Jackson 38 S. Palm Drive $100 Case No. 13 -189 Shawn R. Maesel 405 SE 21st Avenue $500 Case No. 13 -139 Felix & Victoire Sainfleur 2130 NE 2nd Street $200 Case No. 13 -145 Richard & Takeeta Meeks 1633 NE 4th Court $150 Case No. 13 -229 Bank of America 2910 Ocean Parkway $100 Case No. 13 -71 BNW Trading Inc. Rainbow City Food Store 1919 N. Seacrest Blvd $250 Case No. 12 -2449 Dalan Enterprises Inc. 4 Renaissance Way #109 $50 Case No. 13 -69 72 LLC 121 W. Ocean Avenue $150 23 Meeting Minutes Code Compliance Board Boynton Beach, FL May 15, 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. Carroll moved that the fines be certified in the Cases as requested by the Code Officer, Vice Chair Cole seconded the motion that unanimously passed. Case No. 10 -2873 Leigh Depuma 116 SE 3rd Avenue Officer Pierre requested the Board certify a Cease and Desist Order for one occurrence at $500. Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole move that this Board find that the Respondent, on April 15, 2013, did not comply with this Board's Cease and Desist Order dated November 17, 2010, and having considered the gravity of the violation, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $500 per occurrence, plus administrative costs. Ms. Carroll seconded the motion that unanimously passed. Adjournment There being no further business to discuss, Ms. Carroll moved to adjourn. Ms. Yerzy seconded the motion that unanimously passed. The meeting was properly adjourned at 8:06 p.m. Catherine Cherry Minutes Specialist 051613 24