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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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-
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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,
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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.
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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.
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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.
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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
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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
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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
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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
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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
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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.
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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.
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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
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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
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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
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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
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