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Minutes 01-15-14 MINUTES OF THE CODE COMPLIANCE SPECIAL MAGISTRATE MEETING HELD WEDNESDAY, JANUARY 15, 2014, AT 9:00 A.M., IN COMMISSION CHAMBERS CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Carol Dutra Ellis, Special Magistrate Diane Springer, Code Compliance Coordinator Shana Bridgeman, Assistant City Attorney I. Call to Order Carol Ellis, Special Magistrate, called the meeting to order at 9:09 a.m. II. Approval of October 16, 2013, and November 20, 2013, Regular Minutes and October 23, 2013, Lien Reduction Minutes respectively. The following amendments were made to the October 16, 2013, minutes: ➢ On Page 2, New Business, Item Cases to be heard — the word "Tabled" should be "New". ➢ Page 4, Case 13 -1754, the first motion should state the Cease and Desist Order is for the water violation. ➢ Page 28, Lien Certifications, the word "New" should be inserted between Case Nos.13 -635 and 13 -1304. The following amendment was made to the November 20, 2013, minutes: ➢ Page 2, there were no objections to Chair Costantino's request to hear Case Nos. 13- 1503 and 13 -789 first. Ms. Ellis approved the minutes as listed and amended. III. Approval of Agenda Officer Skip Lewis announced Case No. 13 -638 was removed and Case No. had 13- 2596 complied. Ms. Ellis approved the agenda with the changes made on record Meeting Minutes Code Compliance Special Magistrate Boynton Beach, FL January 15, 2014 IV. Swearing in of Witnesses and Introduction Ms. Ellis reviewed the hearing procedures. The purpose of the hearing is to determine if a violation has occurred or is occurring. She will make a finding there is a violation or not. She is not authorized to excuse violations due to hardship or ignorance. She is not authorized to change the Code. The City Commission adopted the Code and only they can enact or change it. The City will present its case first, and then the Respondent. Respondents can question the City's witnesses and present their own witnesses and evidence. Ms. Ellis can ask questions of any witness that she considers relevant. Testimony is given under oath, and strict rules of evidence do not apply to the hearings. At the conclusion of the hearing, she will enter an Order. If a violation occurred, the Order will provide the appropriate amount of time to rectify the violation. If not rectified by the date, when setting the fine amounts, she will consider the gravity of the violation, the efforts to comply and any previous violations by the Respondent. All Orders are appealable only to the Circuit Court of Palm Beach County, not the City Commission. If a transcript is needed, Florida Statutes requires the Respondent to obtain one. The Clerk administered an oath to all those intending to testify. V. New Business Officer Lewis called the roll and determined who was present. Respondents not previously sworn in were administered an oath. A. Cases to Be Heard — Tabled Case No. 13 -86 Boynton Land Trust 40 Property Address: 720 E. Ocean Avenue 40 Violation(s): CO CH15 SEC 15 -120 (D) and (E) INC BBA FBC 2010 ED 105.1 Permits required for two pilings. Red tagged. Officer Roy presented the case as in the notice of violation. The case was a City complaint and Department referral. The initial inspection date was January 11, 2013. Written notice was sent on January 17, 2013, giving 15 days to comply. Certified Mail was sent on August 6, 2013. The green card was signed on August 19, 2013. Notice was posted at City Hall on December 31, 2013 for the hearing. Officer Roy spoke with Diane Gosset from the Land Trust and contractors are trying to obtain permits to remove the poles. Staff recommended 60 days be given to correct the violations. Larry Robbins was trying to assist the Respondent. They obtained new Department of Environmental Protection permits and the Army Corps of Engineers promised to send documents approving the project. The problem was the engineer that sealed the drawing, sealed an improper drawing. The owners are attempting to have the engineer 2 Meeting Minutes Code Compliance Special Magistrate Boynton Beach, FL January 15, 2014 alter the document to conform to the City's documents. He will also render a sketch of what repairs need to be done and proceed with the work. Mr. Robbins is a licensed contractor, but the work done was by another contractor that was licensed, who did not pull permits. He repeated the obstacle was the engineer had improper notations on the drawing. In the absence of errors and omissions insurance, Mr. Robbins' engineer declined to approve the pilings. Civil action may be taken against the engineer, but he assumed a solution was imminent. Decision Based on the testimony given by the City and the Respondent, Ms. Ellis adopted the City's recommendation and set the compliance date for March 16, 2014, and the fine at $50 a day. Case No. 13 -87 Boynton Land Trust 50 Property Address: 720 E. Ocean Avenue 50 Violation(s): CO CH15 SEC 15 -120 (D) and (E) INC BBA FBC 2010 ED 105.1 Permits required for two pilings. Red tagged. Officer Roy presented the case as in the notice of violation. The case was a City complaint and Department referral. The initial inspection date was January 11, 2013. Written notice was sent on January 17, 2013, giving 15 days to comply. Certified Mail was sent on August 6, 2013. The green card was signed on August 8, 2013. Notice was posted at City Hall on October 31, 2013, for the February sic (January 15, 2014) hearing. He spoke with Diane Gosset, a /k/a Boynton Land Trust. The contractor, Larry Robbins, had spoken with the Building Department about permits. Staff recommended 60 days be given to correct the violations or a fine of $50 per day would be imposed thereafter. Mr. Robbins explained this and the previous projects are being addressed concurrently, Decision Ms. Ellis approved the staff recommendation and set a compliance date of March 16, 2014, and the fine at $50 a day. Case No. 13 -91 Patricia Feraco Property Address: 760 E. Ocean Avenue, 205 N. Violation(s): BBA FBC 2010 ED 105.1 CO CH15 SEC 15 -120 (D) and (E) INC Remove submerged pilings from dock area. Permit may be required. 3 Meeting Minutes Code Compliance Special Magistrate Boynton Beach, FL January 15, 2014 Officer Roy presented the case as in the notice of violation. The case arose from a citizen complaint. The initial inspection date was January 11, 2013. Written notice was sent on January 17, 2013, giving 14 days to comply. Certified mail was sent on December 17, 2013. The green card was signed on December 19, 2013. Officer Roy spoke with Ms. Feraco who was one of the first to obtain a contractor and she has not been able to have the piling removed. Staff recommended 60 days be given to correct the violations or a fine of $50 a day would be imposed thereafter. Patricia Feraco, 760 E. Ocean Avenue, No. 205 North, the owner of Dock area K, had been working since January to obtain a contractor to remove the pilings. She is on her third contractor. Each time she is advised she needs a larger barge to remove the pilings because they are 30 feet deep in the Intracoastal. Another resident and she have adjoining pilings. They started with Contractor Mike Duncan, then Coastal Seawall, and lastly Mr. Newmark of Pilings Plus, who removed one of the pilings in September. It was Mr. Newmark who advised they needed a larger barge. He recommended B &M Marine Construction who they have a contract with. She was promised the pilings would be removed by the end of the week. Decision Based on the testimony and information presented by the staff, Ms. Ellis approved the staff recommendation and set the compliance date as March 16, 2014, and the fine at $50 a day. b. Cases to be Heard - New Case No. 13 -2616 Buddy Lee Land LLC Property Address: 1110 SE 1 St Street Violation(s): BBA FBC 2010 105.1 Permit required for all work done in Unit 5. Red tagged. Officer Cain presented the case as in the notice of violation. The case was a City referral. The initial inspection date was December 2, 2013. Written notice was sent giving 10 days to comply. The property was posted on December 31, 2013. Mary Law, 3481 S. Seacrest Boulevard, explained this is in reference to a warehouse she pwns. Each year the Fire Marshal goes through the warehouse and if there are deficiencies, they are corrected. There is a tenant they were in the process of evicting that had violations in Bay 5. The tenant was using propane tanks and cooking, which was dangerous and the unit was red tagged. The tenant moved out and she called for a re- inspection. The Fire Marshall explained there was a water heater, grease trap and a sink that needed to be permitted; however, there is a bathroom and shower at the premises which would need the water heater. She was told they wanted the items removed. She contacted three contractors and the work is still not done. This has been 4 Meeting Minutes Code Compliance Special Magistrate Boynton Beach, FL January 15, 2014 ongoing for two months. When she purchased the building, she tried to research the permits and things seemed to be okay, but she could not find the records. The building was constructed between 1960 and 1990. She asserted the City is alleging she is guilty, but they cannot prove the work was not permitted. She was annoyed and felt the City keeps picking out items. The tenant is gone and Ms. Law removed all the items except the ones that were originally there. Ms. Law explained the City did not want the items permitted, they wanted them removed. The items have been sitting in the parking lot for almost three weeks, of which she had photographs. She spoke to the Building and Code Compliance Inspectors and requested a list of the items to be removed. She explained they only cite the Code to the Respondent, not the action to be taken and there is no end to it. The staff recommendation was 15 days and $100 per day. Officer Cain had emails he entered into evidence from the Building Official Karl Swierzko to Andrew Mack and Ms. Springer and himself. One email was from Mr. Mack to Ms. Law outlining what needed to be done, which goes into detail what items needed to be removed. Ms. Law explained she spoke with Ms. Byrne in the morning, but Ms. Byrne had meetings. She was going to get the information in the afternoon. Ms. Law was working and did not get the emails until 10 p.m. Ms. Law was advised the Building Inspector went by and itemized the items the day before the hearing. Decision Ms. Ellis wanted to review the matter further and tabled the case to next month. Ms. Law explained she wanted changes made. Ms. Ellis referred her to the City Commission as the Code Compliance meeting is not the proper forum. The case was tabled to February 19, 2014. Case No. 13 -2624 SRP SUB LLC Property Address: 457 SW 3 rd Avenue Violation(s): CO CH 13 SEC 13 -16 CO CH 15 SEC 15- 120(E) INC. Apply for and pass inspection for the Business Tax Receipt for rental property. Repair or replace all broken windows. Officer Cain presented the case as in the notice of violation. The case was a City Department referral. The initial inspection date was December 2, 2013. Written notice was sent and gave V days to correct the violations. The green card was signed on December 24, 2013. Staff recommended 15 days be given to correct the violations or a fine of $50 a day thereafter. 5 Meeting Minutes Code Compliance Special Magistrate Boynton Beach, FL January 15, 2014 Lou Caster Carr, SRP SUB LLC Compliance Director, 2700 W. Cypress Creek, Ft. Lauderdale, met with the Code Inspector at the property and requested more time. Officer Cain concurred and explained the windows were replaced without permits and that would need more than 15 days. Officer Cain suggested 30 days be given to correct the violations. An unidentified woman explained she has been living at the property since 2013. Prior to that time, the property was being rehabbed. Decision Based on the testimony and evidence presented, Ms. Ellis approved the staff recommendation and set the compliance date as February 14, 2014, and the fine at $50 a day. Case No. 13 -2411 Donald M. Marks Property Address: 746 W. Ocean Avenue Violation(s): CO CH15 SEC 15- 120(D) INC Mow, weed and trim property. Officer Hart presented the case as in the notice of violation. The case arose from a routine inspection. The initial inspection date was October 23, 2013. Written notice was sent giving 10 days to correct the violations. Notice was posted on December 21, 2013. Officer Hart spoke with Mr. Marks in mid - December and he asked for more time; however, the violation still exists. Donald Marks, 746 W. Ocean Avenue, did not know why he was summoned, and expressed it was previously addressed. The property was supposed to go back to the bank and they were supposed to make arrangements to have the matter addressed. Mr. Marks expressed he lives at the property, but it was a foreclosure. The property was sold two weeks ago and the buyers backed out so the bank has the property. He was not the title holder.. Officer Hart requested the case be tabled another month. Decision Based on the testimony and evidence presented, Ms. Ellis tabled the case to February 19, 2014. Case No. 13 -601 Todd and Mark Arnold Property Address: 405 NE 23� Avenue Violation(s): CO CH 15 SEC 15- 120(D) INC CO CH 10 SEC 13 -16 CO CH 10 SEC 10 -52, 10 -56 (B) 6 Meeting Minutes Code Compliance Special Magistrate Boynton Beach, FL January 15, 2014 LDR CH 3, ART IV SEC 3 (D) Cease and Desist unpermitted auto repair and storage of inoperable vehicles at the location. Remove inoperable vehicles, tires, trash and debris from the front, rear and side yards. Auto dealer /shop not allowed in residential zoning districts. Officer Lewis presented the case as in the notice of violation. The initial inspection date was April 2, 2013. He requested one Cease and Desist Order for the unpermitted auto repair, storage of inoperable vehicles and to remove inoperable vehicles, and another Cease and Desist for automotive sales without a Business Tax Receipt in a residential area. Staff recommended 15 days be given to correct the violations. He also requested a regular Board Order for all of the violations. Mark Arnold, 405 NE 23 Avenue, commented he requested a postponement by certified mail and inquired what the basis for the denial was. Ms. Ellis explained she was present to rule on the case and to hear his response. Mr. Arnold requested a postponement as he was involved in a motorcycle accident two weeks ago and was injured and suppose to be in physical therapy. Ms. Ellis noted the notice of violation was issued in April 2013 and inquired what he did to rectify the matter. Her information from staff was he is running a business at the location. Mr. Arnold explained that was not correct. There was a letter sent last April and there were discussions with the City and all was rectified. Many of the alleged violations are not provided for in the Code and never occurred. He corrected every item and they conducted an on -site inspection in May. It was his understanding the case was dismissed. He heard nothing further until December. Mr. Arnold stated unequivocally there has never been an auto dealer at the premises and he had photographs of the property. There were no "For Sale" signs there. The only cars that he works on are cars he owns. Mr. Arnold commented there was a legitimate basis for the maintenance issue which he corrected last May. Since then, on August 25, 2013, Sgt. Sheridan tagged a car he owned on Federal Highway and gave a five day notice claiming it was abandoned. Mr. Arnold commented it was not abandoned under the Code and a citation should not have been issued. Mr. Arnold read the definition of abandoned vehicles under section 10 -15. Ms. Ellis explained since there are many facts disputed, she will table the matter to the next meeting. She will review the evidence to obtain a better understanding. Mr. Arnold commented he invited Officer Lewis to again inspect the property but he refused to do so. Officer Lewis commented he was never invited to the property. The inoperable vehicles on the property must have current tags and be registered to be considered 7 Meeting Minutes Code Compliance Special Magistrate Boynton Beach, FL January 15, 2014 operable. The "For Sale" vehicles being sold all over the City were part of the case. Mr. Arnold asserted Officer Lewis was not truthful. Decision Based on the testimony and evidence presented, Ms. EIIis tabled the case to February 19, 2014. Case No. 13 -1470 Nachtman Enterprises, LLC Property Address: 210 NE 27 Court Violation(s): CO CH13 SEC 13 -16 Apply for and pass inspection for Business Tax Receipt for rental property. Officer Lewis presented the case as in the notice of violation. The initial inspection date was July 10, 2013. Written notice was sent giving 15 days to correct the violation. Proof of service was by posting. Staff recommended a compliance date of January 30, 2014. He inspected the property, but it did not pass. Juan Caldona, General Contractor, Nachman Enterprises, in North Miami, explained the property is currently in compliance. He spoke with Officer Lewis on Monday and an inspection was made. There were some outstanding items which were addressed. Yesterday, the car was removed and smoke detectors were in each room. The property had been rented for about a year. Nachtman Enterprises purchased the property about a year ago, but Mr. Caldona did not know the history of the property prior to that. He explained he just received the papers last month, so he contacted Officer Lewis and did the work. There are other properties in the City they have that do not have a Business Tax Receipt. Decision Ms. EIIis decided, given information that there were prior violations, she adopted the staff recommendation and set the compliance date as January 30, 2014, and the fine at $100 a day. Case No. 13 -2511 Jillette D. Watson Property Address: 2103 NE 2 Court Violation(s): CO CH 10 SEC 10 -52 and 10 -56 (B) CO CH 15 SEC 15- 120(D) INC. LDR CH 3 ART IV, SEC 3(C) Remove inoperable equipment and auto repair equipment. Cease unpermitted auto repairs at the location. 8 Meeting Minutes Code Compliance Special Magistrate Boynton Beach, FL January 15, 2014 Officer Lewis presented the case as in the notice of violation. The initial inspection date was November 19, 2013. Service was obtained by posting. At this time, only the inoperable vehicles in the backyard and another vehicle that did not have a current tag remained. Staff recommended 10 days be given to correct the violations or a fine of $50 per day be imposed thereafter. Odel Chambers explained the property belonged to his mother and two cars were there. He just moved and needed a place for his car. He lives in Ft. Lauderdale and was in the process of removing them. Decision Based on the testimony and evidence presented, Ms. Ellis approved the staff recommendation and set the compliance date as Fcbruary January 25, 2014, and the fine at $50 a day. Case No. 13 -2537 Gerard & Odly Philistin Property Address: 2122 NE 1 Court Violation(s): CO CH 15 SEC 15- 120(D) INC CO CH 10 SEC 10 -52 Remove inoperable vehicles from the property. Officer Lewis presented the case as in the notice of violation. Service was obtained by posting the property. Staff recommended 10 days be given to correct the violations or a fine of $50 be imposed thereafter. Ingrid Jones, speaking on behalf of her Uncle, Gerard Philistin, explained the unpermitted vehicle was already removed. She did not have any photos. Officer Lewis explained they have a truck with a flat tire and the tire needs to be fixed. If the cars have current tags and no flat tires, she will be in compliance. Ms. Jones explained the vehicle owner was not present and by tomorrow the issue would be corrected. Officer Lewis inquired if the owner knew he could not bring vehicles to the property without tags. Mr. Philistin, who was present, did not comment. Decision Based on the testimony and evidence presented, Ms. Ellis adopted the staff recommendation and set the compliance date as February January 25, 2014, and the fine at $50 a day. Case No. 13 -2247 Two Guys Boynton Group LLC Property Address: 118 SW 25 Avenue Violation(s): CO CH 13 SEC 13 -16 9 Meeting Minutes Code Compliance Special Magistrate Boynton Beach, FL January 15, 2014 Apply for and pass inspection for Business Tax Receipt for rental property. Officer Pierre presented the case as in the notice of violation. The case was a City Department referral. Notice of violation was sent on October 9, 2013, giving 10 days to correct the violations. Staff recommended a compliance date and fine of February 25, 2014, or a fine of $50 per day be imposed thereafter. Ms. EIIis noted no one was present for the case. Decision Based on the testimony and evidence presented, Ms. EIIis approved the staff recommendation and set the compliance date as F ebruar y January 25, 2014, and the fine at $50 a day. Case No. 13 -2446 Jennifer Bates Property Address: 903 SW 26 Terrace Violation(s): CO CH15 SEC 15- 120(D) INC. Repair or replace driveway. Remove unregistered, inoperable vehicle. Sod yard. Officer Pierre presented the case as in the notice of violation. Staff recommended 10 days be given to correct the violations or a fine of $50 per day be imposed thereafter. Monique Litanien, Attorney for Greentree Servicing, requested additional time as a permit would be needed for the work and she did not think it would be received in 10 days. She requested 60 days. Officer Pierre had no objection to the 60 days. She was unclear on the ownership and did not know if it was a deed -in -lieu. It appeared Ms. Bates was the owner, but Greentree Services was given the notice of violation. She advised Greentree Services would take responsibility for the issue and she was unsure if the property was occupied. Decision Based on the testimony and evidence presented, Ms. EIIis approved the staff recommendation and set the compliance date as March 16, 2014, and the fine at $50 a day. Case No. 13 -2286 John Nickels, II Property Address: 119 SW 3rd Avenue Violation(s): CO CH 15 SEC 15- 120(D) INC. CO CH 10 SEC 10 -58 (A) and (E) 10 Meeting Minutes Code Compliance Special Magistrate Boynton Beach, FL January 15, 2014 Mow, weed and trim overgrowth and hedges. Remove trash and debris and outside storage. Remove auto and auto parts. Officer Roy presented the case as in the notice of violation. The case was a City department referral. The initial inspection date was October 15, 2013. The initial notice was sent on October 17, 2013 giving 14 days to comply. Certified mail was sent on December 17, 2013. The green card was signed on December 19, 2013. Notice was posted at the premises and in City Hall on December 30, 2013. The police assisted with this case and an arrest was made. Currently, the vehicle and auto parts are gone. Staff recommended 10 days be given to correct the violations and a fine of $50 a day thereafter. Elizabeth Porter, Choice Legal Group, representing Fannie Mae in the foreclosure, believed the property owner removed the car and debris. They are asserting their rights through a bankruptcy case. They were up to the default stage in the process and were not the owners of the property. The property is vacant and she requested more time. Ms. Porter did not know if they were trying to keep the property or surrender it. She tried to contact the client to determine what they would do. Prior to the hearing, Officer Roy commented the issues were overgrown grass and brush. If that is the case, Ms. Porter offered they may be able to do something, but they cannot guarantee it. Decision Based on the testimony and evidence presented, Ms. Ellis approved the staff recommendation and set the compliance date as February 14, 2014, and the fine at $50 a day. Case No. 13 -2382 Forstenia & Altman Butler & Eugene McTyere Property Address: 2070 NW 2 Street Violation(s): CO CH 10 SEC 10 -56 (D) CO CH 15 SEC 15 -120 (D) Repair roof. Jeffrey Shickles, Code Compliance Officer, presented the case as in the notice of violation. The case arose from a routine inspection. The initial inspection date was October 24, 2013. Written notice was sent on October 28, 2013, giving 30 days to correct the violation. Certified mail and individual service to Ms. Butler was on December 30, 2013. Staff recommended 30 days be given to correct the violations or a fine of $50 per day be imposed thereafter. Ms. Butler, 207 NW 2 Street, the property owner, explained she was not able to comply in that time period as she is older and has a limited income. She asked the City 11 Meeting Minutes Code Compliance Special Magistrate Boynton Beach, FL January 15, 2014 for help and they have not responded. She commented it has been about a year. She had contacted Brenda Cornelius, from the City, who put her on a housing rehabilitation waiting list, but Ms. Cornelius is no longer with the City. She spoke to someone else, but to -date, the employee had not received any information. Decision Based on the testimony and evidence presented, Ms. Ellis set the compliance date as April 15, 2014, and the fine at $50 a day. Case No. 13 -2416 Alton & Ruthie Banks Property Address: 430 NW 5 th Avenue Violation(s): CO CH 10 SEC 10 -52 CO CH 15 SEC 15- 120(D) INC Remove outside storage from carport, plywood from window, and inoperable vehicles from rear yard. Mow and trim backyard and south side of property. Officer Shickles presented the case as in the notice of violation. The case was a citizen complaint. The initial inspection date was October 30, 2013, Written notice was sent on October 30, 2013, giving 15 days to correct the violations. Certified mail was sent on December 18, 2013. The green card was signed on December 20, 2013. He spoke with Mr. Banks who was complying with much of the tree trimming and indicated he was trying to remove the car. Mr. Banks was cooperative. Staff recommended 10 days be given to correct the violations. Alton Banks, 420 NW 5 th Avenue, requested more time. He was speaking with someone that would remove the car. In a few days the property should comply. Decision Based on the testimony and evidence presented, Ms. Ellis set the compliance date as January 30, 2014, and the fine at $50 a day. Case No. 13 -2623 PRH Boynton Beach LLC Property Address: 324 N. Federal Highway Violation(s): BBA FBC ED 2010 105.0 Secure permits for interior remodel. Red tagged. Officer Shickles presented the case as in the notice of violation. The case arose from a City department referral. The initial inspection date was December 3, 2013. Written notice was sent on December 3, 2013. Certified mail was sent on December 18, 2013. The green card was signed on December 20, 2013 and a stop work order was issued. 12 Meeting Minutes Code Compliance Special Magistrate Boynton Beach, FL January 15, 2014 Staff recommended 10 days be given to correct the violations and a fine of $100 per day thereafter. Rich Forveria, authorized agent for PRH Boynton Beach, worked on the subject property. The tenant in this property remodeled without authorization resulting in the red tag. The firm intervened, submitted building plans and received comments from them. He requested more than 10 days. He met with the tenant, and financially, the tenant cannot move forward with the restaurant, so they will need time to work through the issues with an architect and obtain hotel and restaurant division approval. He did not know how long that process would take. The property was a second generation restaurant and the tenant was given some funds to purchase equipment. They did not know the tenant would remove an existing bar and remodel. His understanding was they would paint, purchase equipment and be operational within 60 days after receiving the proper licenses. He was working with the Building Department, had a copy of comments given by the Building Department and a copy of permit 13 -4418. The comments were reasonable and could be addressed quickly. Only the time frame to gain approval from the hotel and restaurant division was unknown. He requested a minimum of 30 days. Decision Based on the testimony and evidence presented, Ms. Ellis set the compliance date as February 14, 2014, and the fine at $100 per day. Case No. 12 -1721 Thomas McGraw Property Address: 118 SE 29 Avenue Violation(s): BBA FBC 2010 ED 105.1 Permit required for rear windows, shutters, HVAC and screen porch enclosure. Red tagged. Officer Guillaume presented the case as in the notice of violation. Cary McGraw, 118 SE 29 Avenue, speaking on behalf of her husband who was the property owner, indicated they needed to obtain" two sub - permits. They were in the process of changing contractors and were working with the individuals they purchased the home from, and they would use their own contractor and pull permits. They need to find out who the electrical and mechanical contractors were. Once they have that information, they can apply for the sub permit and the name change for the contractor. All the paperwork is done. They purchased the home on July 12, 2012. In October 2012, they were contacted by the City. The company selling the house, Stellar Homes, purchases foreclosed homes and resells them. They purchased the home with the understanding the title search was done. Nothing was found until they received a notice they were in violation for the window, air conditioner and enclosed screen porch. 13 Meeting Minutes Code Compliance Special Magistrate Boynton Beach, FL January 15, 2014 The HVAC was addressed, but the screen porch enclosure turned out to be an entire backroom that was enclosed. Stellar Homes approached the City in April 2012. Their permit application was rejected and the title search did not reveal the violation. Ms. McGraw explained there is at least $40,000 worth of work. She hired an attorney and was working with Ms. Springer and Mr. Swierzko of the Building Department who were helpful. Her attorney has been able to get Stellar Homes to accept responsibility and they will soon sign an agreement to have the work done. On her own, Ms. McGraw contacted an architect to submit plans. She hoped to have the name of the electrical and mechanical contractor any day now. Decision Based on the testimony and evidence presented, Ms. Ellis tabled the case to February 19, 2014. D. Lien Reductions Case No. 12 -2119 Lewis & Cerise Meyers 521 Industrial Avenue Diane Springer, Code Compliance Coordinator, presented the case. The notice of violation was sent on October 22, 2012. The case was heard on March 20, 2013, and no one appeared. The compliance date and fine set by the Board was April 19, 2013, or a fine of $250 per day would be imposed thereafter. The violations were corrected on November 14, 2013. The taxes and water bills are up -to -date. The case originated from a red tag from the Building Department and the Business Tax Receipt could not be obtained until the permit was finalized. When they did, 208 days had elapsed. Lee Meyers, 521 Industrial Avenue, purchased the building and were moving in. He did not know he needed anything from the City as he had his business license from the State. An inspector noted items to be corrected. They needed a drawing of what was being changed, so he hired an architect and submitted the plans 12 to 14 times and the architect gave up. He was then advised he could submit his own drawing, which he did which was approved. When he obtained the permit, they made the improvements which were inspected and approved. Decision Based on the testimony and evidence presented, Ms. Ellis reduced the lien to administrative costs of $634.12. Case No. 10 -3129 GMAC Mortgage LLC 1443 NW 4 Street Ms. Springer presented the case which pertained to registration of a foreclosed property. The notice of violation was sent on October 21, 2010. The case was heard on January 19, 2011, and no one appeared. The compliance date and fine set by the 14 Meeting Minutes Code Compliance Special Magistrate Boynton Beach, FL January 15, 2014 Board was January 29, 2011, or a fine of $50 per day would be imposed thereafter. The violations were corrected on December 14, 2012, having 684 days of non- compliance. Ms. Springer was contacted in July 2013 by David Goodman. The case had complied, but there were outstanding water bills that needed to be paid. A lien reduction inspection took place and 15 items were identified to be fixed, which were emailed to Mr. Goodman on August 5, 2013. Ms. Springer was again contacted in December by Mr. Julteus and there was storage that needed to be removed and the swale needed to be addressed. Those items were corrected on December 20, 2013, making him eligible for lien reduction. Fransnet Julteus, owner of the property, purchased the property as is. When he contacted Ms. Springer, she explained what needed to be done. He got all the permits, contacted her and requested a lien reduction. Decision Based on the testimony and evidence presented, Ms. Ellis reduced the lien to administrative costs of $634.12. Case No. 10 -93 Flagstar Bank FSB 2950 S. Seacrest Boulevard Ms. Springer presented the case which pertained to registration of a foreclosed property and community appearance and maintenance violations. The notice of violation was sent on January 15, 2010. The case was heard on February 17, 2010, and Attorney Ryan Shipp appeared. The compliance date was March 19, 2010, or a fine of $50 a day would be imposed thereafter. The violations were corrected on August 4, 2010, having 502 days of non - compliance. Ms. Springer was contacted in May 2013 by Lisa Johnson for the Bank indicating the violations were being addressed. Ms. Springer indicated there were municipal liens that needed to be paid in order to qualify for the lien reduction and she emailed the outstanding items in May, which were to obtain a permit to replace roof, replace missing windows and screens, rotted wood, missing soffit screens, remove rubble and sod areas of the property. The repairs were made and the permits were finalized on December 30, 2013. Bernadine Jones, Property Manager for Prodigy Capital, was present and explained they took the property over from Flagstar Bank in April 2013, and they brought the property up to Code. They purchased the property for $95K and invested $63K as the violations were significant. The property is under contract for $180K and looks great. 15 Meeting Minutes Code Compliance Special Magistrate Boynton Beach, FL January 15, 2014 Decision Based on the testimony and evidence presented, Ms. Ellis reduced the lien to administrative costs of $730.15. Case No. 12 -418 Wells Fargo Bank 1806 SW 19 Avenue Ms. Springer presented the case which pertained to repairing or replacing the garage door. The notice of violation was sent on March 9, 2012. The case was heard on May 16, 2012, and no one appeared. The compliance date was May 26, 2012, or a fine of $200 a day would be imposed thereafter. The violations were corrected on January 8, 2014, having 591 days of non - compliance. Ms. Springer was contacted in September 2013, by Gina Mattila who requested an inspection to determine any other violations. In addition to addressing the garage door, they had to repair rotted fascia and soffit, replace the gutter system, replace the door on the west side, pressure clean and repaint where paint had peeled and pressure clean the roof. There was an outstanding water bill of over $3,000 that had to be paid. Permits needed to be obtained and they were all finalized for lien reduction. Gina Mattila, Mega Real Estate, Broker for Wells Fargo Bank, received title to the property last summer. The property was shoulder deep in trash, and they could not do anything to the property then because they did not know what was in the trash. They evicted tenants which took a few months. They cleaned out the property and contacted Ms. Springer. There were delays with permits and contractors, but they paid all the bills and requested a reduction. The lien was more than the value of the home. The bank spent about $1 OK. Ms. Mattila had photographs she provided to Ms. Ellis. Decision Based on the testimony and evidence presented, Ms. Ellis reduced the lien to administrative costs of $730.15. Case No. 11 -566 Katies Kids Learning Center 2895 SE 2 " Street Ms. Springer presented the case which pertained to excessive false alarms and service fees. The notice of violation was sent on March 2, 2011. The case was heard on April 20, 2011, and Kathryn Mohammed and Jennifer Snow appeared. The compliance date and fine set by the Board was May 20, 2011, or a fine of $50 a day would be imposed thereafter. The violations were corrected on November 12, 2013, having 906 days of non - compliance. Ms. Springer stressed there are still items outstanding. A fine of $3,450 had to be paid, which was paid. They had an outstanding water bill of $2,400 which had to be paid. They had to secure the rear door, weed the swale, repair open wiring at the front and rear doors, trim overgrown hedges, replace the missing air conditioning compressor, 16 Meeting Minutes Code Compliance Special Magistrate Boynton Beach, FL January 15, 2014 replace missing window and soffit screens, replace slats on fence, rail on chain fence, trim the palm trees and repair the broken clean out cap. The driveway was repaired which needed a permit. Shana Freyman, Gray Robinson, authorized representative for Bank of America, pointed out the property is owned by Bank of America Trust. The certificate of title was issued due to Bank of America's foreclosure in June 2012. The violation occurred in 2011. The lien was filed four minutes before Bank of America filed its foreclosure action. After the title was issued and the bank was preparing to market the property they learned of the liens and took steps to address the matter. They paid the fire alarm fee and addressed all the other issues, which was $13,166.89. They also invested approximately $9,800 in repairs. The bank is owed about $300K on the final judgment and they were selling the property for $70K. Decision Based on the testimony and evidence presented, Ms. Ellis reduced the lien to administrative costs of $346.03. Case No. 13 -1065 Federal National Mortgage Association 1376 Via De Pepi Ms. Springer presented the case which pertained to a Business Tax Receipt for a rental property. The notice of violation was sent on May 17, 2013. The case was heard on July 17, 2013, and no one appeared. The compliance date and fine set by the Board was July 27, 2013, or a fine of $150 a day would be imposed thereafter. They complied on October 30, 2013, having 94 days of non - compliance. Ms. Springer was contacted in October by Apogee Realty and she explained the property had already complied but the lien remained on the property. They met all the requirements for a lien reduction and she emailed the lien reduction application in November 2013. John Mullin, of Tripp Scott, P.A., representing Fannie Mae, explained this was a foreclosure. Fannie Mae took title in February, 2013. The property Manager advised them of the requirement to get a permit. The order imposing the lien was at the end of September and by October 30th, they paid the permit and obtained the license. The property was a six -unit dwelling. Decision Based on the testimony and evidence presented, Ms. Ellis reduced the lien to administrative costs of $634.12. Ms. Ellis noted for the record there were no respondents in the audience to speak on any of the following cases: 17 Meeting Minutes Code Compliance Special Magistrate Boynton Beach, FL January 15, 2014 Case No. 12 -1937 Kilpatrick Building Inc. — Horizon Distributors Property Address: 7700 High Ridge Road, B Violation(s): CO CH 13 SEC 13 -16 BBA FBC 2010 ED 105.1 Business Tax Receipt needed for two businesses operating from same space. Permits will be needed for structural changes and rack shelving. Officer Cain presented the case as in the notice of violation. The case was a City department referral. The initial inspection date was September 28, 2012. Staff recommended 15 days be given to correct the violations and a fine of $50 per day thereafter. Decision There was no one present to speak on the matter. Ms. Ellis approved the City's recommendation. Case No. 13 -1121 was tabled from last month and had complied. Case No. 13 -85 Molina Family Trust Property Address: 720 E. Ocean Avenue, 20 Violation(s): CO CH 15 SEC 15- 120(D) INC BBA FBC 2010 ED 105.1 CO CH 10 SEC 10 -56 (A) Make repairs to dock or remove. Permit will be required. Officer Roy presented the case as in the notice of violation. The case arose from a citizen complaint. The initial inspection date was January 11, 2013. Written notice was sent on January 17, 2013, giving 15 days to correct the violations. Certified mail was sent between August 6, and August 20, 2013. The property was posted and at City Hall on December 31, 2013. He spoke with the owners about the September hearing. The case was tabled from last September to this hearing. Staff recommended 60 days be given to correct the violations or a fine of $50 a day be imposed thereafter. Decision There was no one present to speak on the matter. Ms. Ellis approved the City's recommendation. Case No. 13 -88 Albert Cronin Property Address: 720 E. Ocean Avenue, 6- 18 Meeting Minutes Code Compliance Special Magistrate Boynton Beach, FL January 15, 2014 Violation(s): CO CH 15 SEC 15- 120(D) INC BBA FBC 2010 ED 105.1 CO CH 10 SEC 10 -56 (A) Make repairs to dock or remove. Permit will be required. Officer Roy presented the case as in the notice of violation. The case arose from a citizen complaint. The initial inspection date was January 11, 2013. Written notice was sent on January 17, 2013, giving 15 days to correct the violations. Certified mail was sent on December 17, 2013 and the green card was signed on December 19, 2013. Staff recommended 60 days be given to correct the violations or a fine of $50 a day be imposed thereafter Decision There was no one present to speak on the matter. Ms. Ellis approved the City's recommendation. Case No. 13 -1178 Sandra Dodge Property Address: 227 SW 7 th Avenue Violation(s): CO CH 15 SEC 15- 120(D) INC BBA FBC 2010 ED 105.1 Paint house and awnings. Permit required for carport enclosure. Officer Cain presented the case as in the notice of violation. The case arose from a routine inspection. The carport enclosure portion of the violation was closed. The initial inspection date was June 3, 2013. Written notice was sent giving 30 days to correct the violation. Staff recommended 30 days be given 1 to correct the violations or a fine of $50 a day be imposed thereafter. Decision There was no one present to speak on the matter. Ms. Ellis approved the City's recommendation. Case No. 13 -2354 SFRH SF Rental LP Property Address: 302 SW 5 th Avenue Violation(s): CO CH 13 SEC 13 -16 CO CH 15 SEC 15- 1230(D) INC Apply for and pass inspection for a Business Tax Receipt. Replace wood fence on east side of property. 19 Meeting Minutes Code Compliance Special Magistrate Boynton Beach, FL January 15, 2014 Officer Cain presented the case as in the notice of violation. The case arose from a routine inspection. The initial inspection date was October 25, 2013. Written notice was sent giving 14 days to correct the violations. Notice was posted at the premises and at City Hall on December 31, 2013. Staff recommended 15 days be given to correct the violations or a fine of $50 per day be imposed thereafter. Decision There was no one present to speak on the matter. Ms. Ellis approved the City's recommendation. Case No. 13 -2361 Meriles Jean Property Address: 115 SW 5 th Avenue Violation(s): CO CH 15 SEC 15- 120(D) INC BBA FBC 2010 ED 105.1 CO CH 10 SEC 10 -56 (D) Remove tarp from roof. Obtain roofing permit and repair roof. Remove trash and debris and furniture from carport. Officer Cain presented the case as in the notice of violation. The case arose from a routine inspection. The initial inspection date was October 25, 2013. Written notice was sent giving 30 days to correct the violations. The green card was not signed. Staff recommended 15 days be given to correct the violations or a fine of $50 a day be imposed thereafter. Decision There was no one present to speak on the matter. Ms. Ellis approved the City's recommendation. Case No. 13 -2435 Robert & Llliana Richardson Property Address: 295 SE 10 Avenue Violation(s): LDR CH3 ART IV. SEC 3 (C) Move bus off property line and screen fence along railroad. Officer Cain presented the case as in the notice of violation. The case arose from a citizen complaint. The initial inspection date was November 5, 2013. Written notice was sent giving 30 days to correct the violations. The green card was signed on December 24, 2013. Staff recommended 15 days be given to correct the violations or a fine of $50 per day be imposed thereafter. Decision 20 Meeting Minutes Code Compliance Special Magistrate Boynton Beach, FL January 15, 2014 There was no one present to speak on the matter. Ms. Ellis approved the City's recommendation. Case No. 13 -2582 Katherine C Bradley & Jean L Waters Property Address: 128 SW 11 Avenue Violation(s): CO CH15 SEC 15- 120(D) INC Remove storage from carport and trash and debris on property. Officer Cain presented the case as in the notice of violation. The case arose from a routine inspection. The initial inspection date was November 26, 2013. Written notice was sent giving 10 days to correct the violations. Staff recommended 15 days be given to correct the violations or a fine of $50 a day be imposed thereafter. Decision Based on the testimony and evidence, Ms. Ellis approved the City's recommendation. The compliance date was January 30, 2014, and the fine was $50 a day. Case No. 13 -2594 Pelican Point at Boynton Beach Condo Association Property Address: 620 SW 1 St Street Violation(s): CO CH 10 SEC 10 -56 (A), (C) and (D) Drain, clean and cover pool or repair filtration system and maintain in sanitary condition. Officer Cain presented the case as in the notice of violation. The case arose from a citizen complaint. The initial inspection date was November 26, 2013. Written notice was sent giving 10 days to correct the violations. Notice was posted at the property and at City Hall on December 31, 2013. The property is in compliance, but staff requested a Cease and Desist Order imposing $100 per recurrence. Decision Based on the testimony and evidence presented, Ms. Ellis approved the City's recommendation. The Cease and Desist Order would be effective January 25, 2013, and $100 would be imposed per recurrence. Case No. 13 -1726 Jessie & Thelmar Patterson Property Address: 518 NW 12 Avenue Violation(s): CO CH 13 SEC 13 -16 Apply for and pass inspection for a Business Tax Receipt for rental property. 21 Meeting Minutes Code Compliance Special Magistrate Boynton Beach, FL January 15, 2014 Officer Guillaume presented the case as in the notice of violation. The case arose from a citizen complaint. The initial inspection date was August 14, 2013. Written notice was sent giving 10 days to correct the violations. Notice was posted at the premises and at City Hall on December 31, 2013. Staff recommended 15 days be given to correct the violations or a fine of $50 a day be imposed thereafter. Decision There was no one present to speak on the matter. Ms. Ellis approved the City's recommendation. Case No. 13 -1727 Jessie M. Patterson Property Address: 522 NW 11 Avenue Violation(s): CO CH 13 SEC 13 -16 Apply for and pass inspection for a Business Tax Receipt for rental property. Officer Guillaume presented the case as in the notice of violation. The case arose from a citizen complaint. Written notice was sent giving 10 days to correct the violations. The green card was signed on December 20, 2013. Staff recommended 15 days be given to correct the violations or a fine of $50 a day be imposed thereafter. Decision There was no one present to speak on the matter. Ms. Ellis approved the City's recommendation. Case No. 13 -1728 Thelmar & Jessie Patterson Property Address: 532 NW 11 Avenue Violation(s): CO CH 13 SEC 13 -16 Apply for and pass inspection for a Business Tax Receipt for rental property. Officer Guillaume presented the case as in the notice of violation. The case arose from a citizen complaint. The initial inspection date was August 14, 2013. Written notice was sent giving 10 days to correct the violations. The green card was signed on December 30, 2013. Staff recommended 15 days be given to correct the violations or a fine of $50 a day be imposed thereafter. Decision There was no one present to speak on the matter. Ms. Ellis approved the City's recommendation. 22 Meeting Minutes Code Compliance Special Magistrate Boynton Beach, FL January 15, 2014 Case No. 13 -2126 Charles Phillipe Property Address: 3211 N. Seacrest Boulevard Violation(s): CO CH 13 SEC 13 -16 Apply for and pass inspection for a Business Tax Receipt for rental property. Officer Guillaume presented the case as in the notice of violation. The case arose from a citizen complaint. The initial inspection date was September 25, 2013. Written notice was sent giving 10 days to correct the violations. The green card was signed on December 20, 2013. Staff recommended 15 days be given to correct the violations or a fine of $50 a day be imposed thereafter. Decision There was no one present to speak on the matter. Ms. Ellis approved the City's recommendation. Case No. 13 -2328 Cynthia J. Matthews Property Address: 1691 NW 5 th Street, No. B Violation(s): CO CH 10 SEC 10 -56 (A), (E) and H CO CH 10 SEC 10 -58 (D) CO CH 13 SEC 13 -16 Apply for and pass inspection for a Business Tax Receipt for rental property. Repair holes in wall, ceiling, plumbing in the kitchen and exterminate rat and ant infestations. Officer Guillaume presented the case as in the notice of violation. The initial inspection date was October 23, 2013. Written notice was sent giving 10 days to correct the violations. Notice was posted at the premises and at City Hall on January 3, 2014. Staff recommended 15 days be given to correct the violations or a fine of $50 a day be imposed thereafter. Decision There was no one present to speak on the matter. Ms. Ellis approved the City's recommendation. Case No. 13 -2405 Marie A. Thomas Property Address: 218 SW 7 th Street Violation(s): CO CH 15 SEC 15- 120(D) INC Mow, weed and trim overgrowth. 23 Meeting Minutes Code Compliance Special Magistrate Boynton Beach, FL January 15, 2014 Officer Hart presented the case as in the notice of violation. The case arose from a routine inspection on October 29, 2013. Written notice was sent on October 30, 2013, giving 10 days to correct the violations. Notice was posted at the premises and at City Hall on December 31, 2013. Staff recommended 10 days be given to correct the violations or a fine of $50 a day be imposed thereafter. Decision There was no one present to speak on the matter. Ms. Ellis approved the City's recommendation. Case No. 13 -2413 Frank W. Allen Property Address: 1428 SW 25 Place, Unit B Violation(s): CO CH 10 SEC 10 -56 (D) Repair roof and prevent water from entering the property. Officer Hart presented the case as in the notice of violation. The case arose from a citizen complaint on October 24, 2013. Written notice was sent on October 30, 2013, giving 30 days to correct the violations. Notice was posted on December 31, 2013. Staff recommended 30 days be given to correct the violations or a fine of $50 a day be imposed thereafter. Decision There was no one present to speak on the matter. Ms. Ellis approved the City's recommendation. Case No. 13 -2467 Boynton Business Park, LLC Property Address: 1300 W. Industrial Avenue Violation(s): CO CH 13 SEC 13 -16 Apply for and pass inspection for a Business Tax Receipt. Officer Hart presented the case as in the notice of violation. The case was a City department referral. The initial inspection date was November 8, 2013. Written notice was sent on November 8, 2013, giving 10 days to correct the violations. Certified mail was sent on December 17, 2013. The green card was signed on December 20, 2013. Staff recommended 10 days be given to correct the violations or a fine of $50 a day be imposed thereafter. Decision There was no one present to speak on the matter. Ms. Ellis approved the City's recommendation. 24 Meeting Minutes Code Compliance Special Magistrate Boynton Beach, FL January 15, 2014 Case No. 13 -2475 Sainvil & Erina Clerge Property Address: 1441 SW 26 Avenue A. Violation(s): CO CH 10 SEC 10 -56 (D) Remove tarp and repair roof. Officer Hart presented the case as in the notice of violation. The case arose from a routine inspection on October 28, 2013. Written notice was sent on November 8, 2014, giving 30 days to correct the violations. Notice was posted at the premises and at City Hall on December 31, 2013. Staff recommended 60 days be given to correct the violations or a fine of $50 a day be imposed thereafter. Decision There was no one present to speak on the matter. Ms. Ellis approved the City's recommendation. Case No. 13 -2477 Deutsche Home Loan Funding Property Address: 2304 SW 20 Way Violation(s): CO CH 10 SEC 10.51.5 INC Property that is vacant or subject to a current notice of default must be registered with the City and maintained per City Code. Register property. Officer Hart presented the case as in the notice of violation. The case arose from a routine inspection on November 4, 2013. Written notice was sent on November 8, 2013, giving 10 days to correct the violations. Certified mail was sent on November 17, 2013. The green card was signed. on November 19, 2013. Staff recommended 10 days be given to correct the violations or a fine of $50 a day be imposed thereafter. Decision There was no one present to speak on the matter. Ms. Ellis approved the City's recommendation. Case No. 13 -2531 William Ertrican Property Address: 102 SW 7 th Street Violation(s): CO CH 15 SEC 15- 120(D) INC. Remove trash and debris and all materials stored outside. Officer Hart presented the case as in the notice of violation. The case arose from a citizen complaint on November 20, 2013. Written notice was sent on November 21, 2013, giving 10 days to correct the violations. Notice was posted at the property on 25 Meeting Minutes Code Compliance Special Magistrate Boynton Beach, FL January 15, 2014 December 31, 2013. Staff recommended 10 days be given to correct the violations or a fine of $50 a day be imposed thereafter. Decision There was no one present to speak on the matter. Ms. Ellis approved the City's recommendation. Ms. Ellis recessed the meeting at 11:30 a.m. for a short break and reconvened the meeting at 11:38 a.m. Case No. 13 -2185 Ricot & Gislaine Denis Property Address: 1625 NE 1 St Street Violation(s): CO CH 15 SEC 15- 120(D) INC CO CH 10 SEC 10 -56 Remove inoperable vehicle /truck, junk, trash and debris from the property. Officer Lewis presented the case as in the notice of violation. The initial inspection date was October 1, 2013. Written notice was sent giving 10 days to correct the violations. Staff recommended 15 days be given to correct the violations or a fine of $50 a day be imposed thereafter. Decision There was no one present to speak on the matter. Ms. Ellis approved the City's recommendation. Case No. 13 -2240 IVIDC2 Rental LLC Property Address: 29 Crossings Circle Violation(s): CO CH 13 SEC 13 -16 Apply for and pass inspection for a Business Tax Receipt for rental property. Officer Lewis presented the case as in the notice of violation. The case arose from a citizen complaint. The initial inspection date was October 9, 2013. Written notice was sent giving 15 days to correct the violation. The property was posted on December 30, 2013. Staff recommended 10 days be given to correct the violations or a fine of $50 a day be imposed thereafter. Decision There was no one present to speak on the matter. Ms. Ellis approved the City's recommendation. 26 Meeting Minutes Code Compliance Special Magistrate Boynton Beach, FL January 15, 2014 Case No. 13 -2272 Andrews Sixth Generation Investment Property Address: 627 NE 6 th Avenue Violation(s): CO CH 13 SEC 13 -16 CO CH 15 SEC 15- 120(D) INC Apply for and pass inspection for a Business Tax Receipt. Obtain permit for reroof done in 2012. Permit expired. Officer Lewis presented the case as in the notice of violation. The case arose from a routine inspection. The initial inspection date was October 14, 2013. Written notice was sent giving 15 days to correct the violations. The property was posted for service. Staff recommended 15 days be given to correct the violations or a fine of $50 a day be imposed thereafter. Decision There was no one present to speak on the matter. Ms. Ellis approved the City's recommendation. Case No. 13 -2648 Frankel Drouillard Property Address: 1611 NE 3rd Court Violation(s): CO CH 15 SEC 15- 120(D) INC Remove all outside storage from property. Officer Lewis presented the case as in the notice of violation. The initial inspection date was December 3, 2013. Certified mail was sent on December 27, 2013. Staff recommended 15 days be given to correct the violations or a fine of $50 a day be imposed thereafter. Decision There was no one present to speak on the matter. Ms. Ellis approved the City's recommendation. Case No. 13 -2665 IA Fund LLC Property Address: 1622 NE 4 th Court Violation(s): CO CH 15 SEC 15- 120(D) INC Remove all trash, tires, debris and junk from property and swale area. Mow and trim overgrown yard areas. Officer Lewis presented the case as in the notice of violation. Written notice was sent giving 10 days to correct the violations. The property was posted for this hearing. Staff 27 Meeting Minutes Code Compliance Special Magistrate Boynton Beach, FL January 15, 2014 recommended 10 days be given to correct the violations or a fine of $100 a day be imposed thereafter. The property is vacant property. He has had problems citing it in the past, and it looks bad. It is an eyesore for the neighbors. Decision There was no one present to speak on the matter. Ms. Ellis approved the City's recommendation. Case No. 13 -1685 Joseph Pinard Property Address: 2910 SE 2 nd Street Violation(s): CO CH 13 SEC 13 -16 CO CH 10 Sec 10 -56 (A) Apply for and pass inspection for a Business Tax Receipt. Repair driveway. Officer Pierre presented the case as in the notice of violation. The case arose from a routine inspection. Written notice was sent on December 18, 2013 giving 10 days to correct the violations. Notice was posted at the premises and at City Hall on December 26, 2013. Staff recommended 10 days be given to correct the violations or a fine of $50 a day be imposed thereafter. Decision There was no one present to speak on the matter. Ms. Ellis approved the City's recommendation. Case No. 13 -2307 Elizabeth & Timothy Lienberger Property Address: 181 SE 30 Avenue Violation(s): LDR CH 3 ART II SEC 6 Remove hedges from swale area. Trim overgrowth. Officer Pierre presented the case as in the notice of violation. Written notice was sent on October 21, 2013, giving 10 days to correct the violations. Notice was posted at the premises and City Hall on January 2, 2014. Staff recommended 10 days be given to correct the violations or a fine of $50 a day be imposed thereafter. Decision There was no one present to speak on the matter. Ms. Ellis approved the City's recommendation. Case No. 13 -2631 Jean & Marie Bobo Property Address: 2212 SE 3rd Street 28 Meeting Minutes Code Compliance Special Magistrate Boynton Beach, FL January 15, 2014 Violation(s): CO CH 13 SEC 13 -16 CO CH 15 SEC 15- 120(D) INC Apply for and pass inspection for a Business Tax Receipt for rental property. Remove unregistered and inoperable vehicle, trash and debris from property. Trim overgrowth. Officer Pierre presented the case as in the notice of violation. Written notice was sent on December 19, 2013, giving 10 days to correct the violations. Notice was posted at the premises and City Hall on January 2, 2014. Staff recommended 10 days be given to correct the violations or a fine of $50 a day be imposed thereafter. Decision There was no one present to speak on the matter. Ms. Ellis approved the City's recommendation. Case No. 13 -2640 Elcius Monaille Property Address: 190 SE 27 Avenue Violation(s): CO CH 15 SEC 15- 120(D) INC CO CH 10 SEC 10 -51 Remove debris in carport and inoperable vehicle. Remove truck from rear yard. Sod yard and replace fence. Officer Pierre presented the case as in the notice of violation. Certified mail was sent on December 19, 2013. The green card was signed on December 26, 2013. Staff recommended 10 days be given to correct the violations or a fine of $50 a day be imposed thereafter. Decision There was no one present to speak on the matter. Ms. Ellis approved the City's recommendation. Case No. 13 -2642 Luiz & Danielle De Araujo Property Address: 149 SE 27 Place Violation(s): CO CH 15 SEC 15- 120(D) INC Remove unregistered /inoperable vehicle from property and concrete block from road. 29 Meeting Minutes Code Compliance Special Magistrate Boynton Beach, FL January 15, 2014 Officer Pierre presented the case as in the notice of violation. Written notice was sent December 2, 2013, giving 10 days to correct the violations. Notice was posted at the premises and City Hall on January 2, 2014. Staff recommended 10 days be given to correct the violations or a fine of $50 a day be imposed thereafter. Only the concrete block portion of the case remained outstanding. Decision There was no one present to speak on the matter. Ms. Ellis approved the City's recommendation. Case No. 13 -2667 Juvenal & Myrna Suarez Property Address: 197 SE 27 Court Violation(s): CO CH 15 SEC 15- 120(D) INC CO CH 10 SEC 10 -56 (A) Remove inoperable vehicle and debris, including construction debris from property. Install minimum of four -inch house numbers on the property to be visible from the street. Officer Pierre presented the case as in the notice of violation. The initial inspection date was November 4, 2013. Notice was posted at the premises and City Hall on January 2, 2014. Staff recommended 10 days be given to correct the violations or a fine of $50 a day be imposed thereafter. Ms. Ellis increased the fine to $100 based on the debris and lack of house numbers. Decision There was no one present to speak on the matter. Ms. Ellis approved the City's recommendation with the fine amount increased to $100 per day. Case No. 13 -2320 Fairhomes Turquoise Waters Properties LLC Property Address: 8008 Red Reef Lane Violation(s): CO CH13 SEC 13 -16 Apply for and pass inspection for a Business Tax Receipt for rental property. Officer Shickles presented the case as in the notice of violation. The case was a City department referral. Written notice was sent on November 18, 2013, giving 10 days to correct the violations. Certified mail was sent. on December 1, 2013, and substitute service was obtained by the tenant, Brian Clancy. Staff recommended 10 days be given to correct the violations or a fine of $50 a day be imposed thereafter. Ms. Ellis 30 Meeting Minutes Code Compliance Special Magistrate Boynton Beach, FL January 15, 2014 increased the fine from $50 to $200. The tenant received the notice and the landlord should be aware of the hearing. Decision There was no one present to speak on the matter. Ms. EIIis approved the City's recommendation for 10 days to correct the violation with the fine amount increased to $200 $100 per day. Case No. 13 -2390 Marjorie Holder Property Address: 2030 NW 2 Court Violation(s): CO CH 13 Sec 13 -16 CO CH 15 SEC 15- 120(D) INC Apply for and pass inspection for a Business Tax Receipt for rental property. Repair or remove broken fence. Officer Shickles presented the case as in the notice of violation. The case arose from a routine inspection. Written notice was sent on October 29, 2013, giving 10 days to correct the violations. Certified mail was sent on December 18, 2013, and substitute service was obtained on December 30, 2013, from the tenant Lakeisha Smith. Staff recommended 10 days be given to correct the violations or a fine of $50 a day be imposed thereafter. Ms. EIIis increased the fine amount to $100 per day based on the tenant obtaining the notice and the landlord should be aware of the hearing. Decision There was no one present to speak on the matter. Ms. EIIis approved the City's recommendation for 10 days to correct the violations with the fine amount increased to $100 per day. Officer Lewis requested the following cases be certified at "No Fine as the cases complied:" Case No. 13 -1412 Ronald II & Gerri Taylor 714 Buttonwood Lane Case No. 13 -2129 Clara Blue & Anthony Mays 1291 SW 28 Avenue Case No. 13 -723 Armenian Cultural Assoc. 850 W. Boynton Beach Blvd. Case No. 13 -2232 HH Easco LLC 222 SE 5 Avenue Case No. 13 -2275 Leclerc & Marie S. Vil 439 SW 7 Court Case No. 13 -1911 Patricia M. White 91 SW 28 Avenue Case No. 13 -1754 Cosimo & Stella Falzone 333 SE 23 Avenue Case No. 13 -1865 US Bank National Assoc. Trustee 815 SW 3 Street Case No. 13 -1647 AUM Properties 408 NE 3 Street Case No. 13 -1812 John & Rachel Floyd 2201 SE 3 Street 31 Meeting Minutes Code Compliance Special Magistrate Boynton Beach, FL January 15, 2014 Decision Based on the testimony given by the City that the violators are in compliance, Ms. Ellis approved the recommendation of the City. Officer Lewis requested the following two cases be tabled to February 19, 2014: Case No. 13 -364 Kathleen Biernacki 1154 SW 28 Avenue Case No. 13 -1724 Nathaniel Robinson 335 NE 11 Avenue Decision There was no one present to speak on the matter. Ms. Ellis approved the City's recommendation to table the cases. Officer Lewis requested the following two cases be tabled the March 19, 2014: Case No. 13 -946 White Elk Enterprises LLC 220 W. Boynton Beach Blvd. Case No. 13 -947 White Elk Enterprises LLC 226 W. Boynton Beach Blvd. Decision There was no one present to speak on the matter. Ms. Ellis approved the City's recommendation to table the cases. Officer Lewis read the following into the record: "The City was requesting that the fines be certified in the following cases. All the violators have been provided Notice of tonight's hearing, with Proof of Notice filed in the record with the Board Clerk. No one is present this evening for any of the cases I am requesting for certification at this time. All of the cases have been re- inspected and each case remains in non- compliance. The following cases are requested for certification at this time in the amount established by the Board in the Orders of Violation for each case, as set forth on the docket ": Case No. Name Address Amount per day Case No. 13 -2103 Capstone Resdev LLC 101 S. Federal Highway $250 Case No. 13 -2134 Debra J. Wilson 115 SW 2 nd Avenue $1,000 Case No. 13 -2093 Shira Funding Group 3000 Ocean Parkway $200 Case No. 13 -1789 Barbara Schwartz Estate 320 SW 5 th Avenue $100 Case No. 13 -1892 Mary E. Darrell 2510 NW 2 nd Street $500 32 Meeting Minutes Code Compliance Special Magistrate Boynton Beach, FL January 15, 2014 Case No. 13 -2105 Wayne Graves 16 Cedar Circle $1,000 Case No. 13 -1426 Darwin 3 LLC 717 NE 10 Avenue $150 Case No. 13 -1851 John & Jennifer Davis 3184 Ocean Parkway $200 Case No. 13 -2174 US Bank National Assoc. 2741 NW 1 "'Street $300 Case No. 13 -1394 Pelican Estates Inc. 1340 Neptune Drive $200 Case No. 13 -1836 Lasalle Bank National Assoc. 1281 SW 28 Avenue $250 Case No. 13 -1922 Ankit & Sansari Shah 157 Lake Monterey Circle $100 Case No. 13 -1708 was requested to be tabled to February 19, 2014 as there was a last minute change Decision Ms. Ellis approved the recommendation of the City for the aforementioned cases. Ms. Ellis concluded the January 15, 2014, Special Magistrate Meeting of Boynton Beach at 12:03 p.m. �"-- W a Catherine Cherry Minutes Specialist 940198 33