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Minutes 03-19-14 MINUTES OF THE CODE COMPLIANCE SPECIAL MAGISTRATE MEETING HELD WEDNESDAY, MARCH 19, 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 1. Call to order Ms. Ellis explained she serves as the Code Enforcement Special Magistrate for the City of Boynton Beach and she 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 i 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. Ms. Ellis called the meeting to order at 9 a.m. II. Approval of January 15, 2014 Minutes Ms. Ellis approved the minutes with the following changes: The compliance date for Case Nos. 13 -2511, 13 -2537 and 13 -2247 was January 25, 2014. The fine in Case No.13 -2320 was $100. III. Approval of Agenda Pete Roy, Chief Code and Rehabilitation Officer, announced the violations in Case No. 13 -2698 were corrected. Ms. Springer announced the Respondents for Case Nos. 14 -137; 13 -2502; 14 -66; 14- 102; 13 -467; 13 -1742; 013 -1726; 13 -1727 and 13 -1728 were present. Ms. Ellis approved the Agenda with the change. Meeting Minutes Code Compliance Board Boynton Beach, FL March 19, 2014 IV. Swearing in of witnesses and introduction The Clerk administered an oath to all those intending to testify. Case No. 14 -137 Carlo Dareus & Ernst Renelique Property Address: 337 SW 5 th Lane Violation(s): CO CH15 SEC 15- 120(S) INC. Do not store vehicles at your property. Remove all vehicles from property. Courtney Cain, Code Compliance Officer, presented the case as in the Notice of Violation. The case arose from a routine inspection. The initial inspection date was January 28, 2014, regarding the above violations. Written notice was sent giving 10 days to comply. Notice was effectuated by posting the property and at City Hall on February 24, 2014. He spoke with the owner a few times about storing the vehicles. The last inspection occurred on March 17 or 18, 2014. Ms. Ellis inquired if the owner explained why he did not comply when Officer Cain spoke with him. Officer Cain explained the property complied, but staff wanted a Cease and Desist Order because they would comply, and two weeks later, the property would again be out of compliance. The owner had not been before the Code Board and was not a repeat violator, but the problem was an ongoing. Ernest Renelique, the property owner, explained all was corrected. The tenants were removed and there were no more cars in the street or in front of the home. He commented the tenant had a car business and has auction access to purchase vehicles. Decision Ms. Ellis approved the recommendation for the Cease and Desist Order, effective March 26, 2014. Should the tenant fail to comply, a fine of $100 per occurrence would be imposed. Case No. 13 -2502 Florida Investments and Trade LLC All For 1 Tires and More Property Address: 555 N. Railroad Avenue, Bay 4 Violation(s): CO CH13 SEC 13 -16 BBA FBC 2010 ED 105.1 Tenant operating without a Business Tax Receipt. Secure Business Tax Receipt. Air compressor installed without permit. Red tagged. 2 Meeting Minutes Code Compliance Board Boynto Beach, FL March 19, 2014 Officer Guillaume, Code Compliance Officer, presented the case as in the notice of violation. The property was red tagged by the Building Department. The initial inspection date was November 22, 2013. Written notice gave 10 days. Notice was made by posting the property and at City Hall on February 25, 2014. The tenant was present. Officer Guillaume explained the owner applied for the Business Tax Receip,t but had not called for the inspection. The tenant was operating the business, from what Officer Guillaume could tell, since locating to the property. There were no previous violations and there were no discussions with the tenant about the matter. Michael Richardson, the tenant explained the problem was with the electrical wiring. When they tried to obtain a Business Tax Receipt, the City asked for the blueprints for the wiring, but they could not find the electrician that did the work and the owner did not know who the electrician was. They just found an electrician who would provide a blueprint, who had forwarded information to the City. When the City responds, they will obtain the permit. Once they obtain the permit, they can call the Building Department for the final inspection and then they could obtain the Business Tax Receipt. Officer Guillaume thought 30 days for compliance was appropriate. Decision Given the testimony of the Officer and Respondent and that there is a process to obtain a permit, Ms. Ellis supported staff's recommendation of 30 days to obtain the permit. Should the Respondent fail to do so, a fine of $100 per day would be imposed. Case No. 14 -66 Doremus Alexandre Property Address: 2551 NE 1st Lane Violation(s): CO CH15 SEC 15- 120(D) INC CO CH14 SEC 14 -3 Remove inoperable box truck, buckets, appliances and other items stored on the property and carport. Officer Lewis, Senior Code Compliance Officer, presented the case which arose from a routine inspection. The initial inspection date was January 16, 2014, noting the above captioned violations. Written notice gave 10 days to comply. Service was obtained by certified mail on February 20, 2014. The property was inspected on March 18, 2014. Staff recommended 10 days be given to comply or a fine of $100 a day thereafter. The Respondent was not a repeat violator. Officer Lewis had photographs he distributed to the Respondent and Ms. Ellis. Doremus Alexandre, 2551 NE 1 st Lane, the property owner, explained he lives at the premises. He was planning to send the truck to Haiti. He tried to fix the clutch and called someone to help him fix it. He had to get the part and wait for the letter to send the vehicle to Haiti. 3 Meeting Minutes Code Compliance Board Boynton Beach, FL March 19, 2014 Decision Ms. Ellis ordered 10 days to remove the truck, appliances and other items stored on the property and carport or a fine of $100 a day would apply. Case No. 14 -102 Robert and Teresa Traxler Property Address: 194 SE 27 Avenue Violation(s): CO CH13 SEC 13 -16 LDR CH3 ART. IV SEC 13 -16 Apply for and pass Business Tax Receipt inspection for rental property. Vehicle over one ton cannot be parked in a residential zoning district. Remove truck. Vestiguerne Pierre, Senior Code Compliance Officer, presented the case as in the Notice of Violation. The initial inspection date was January 24, 2014, for the above violations. The Respondent was not a repeat violator. Written notice gave 10 days to correct the violations. Notice was posted on February 24, 2014, at the property and at City Hall. He spoke with the owner. The last inspection occurred on March 14, 2014. Robert Traxler, 194 SE 27 Avenue, owner of Bridge Towing, has resided in the City for 20 years and had his truck at three different residences during that time. The truck has been at the current location for five years as he is a 24 -hour service. He has driven throughout Boynton Beach and found trucks similar to his, and larger, parked at residences and felt it was selective enforcement. Mr. Traxler commented Mike Rumpf, Planning and Zoning Director, has been involved in the matter. He explained he has a homesteaded property and he lives at the business property. He produced his license for Ms. Ellis. Decision Ms. Ellis tabled the case to the April 16, 2014, to review the matter. Case No. 13 -467 Marta R. Pejouhy Property Address: 152 SE 28 Avenue Violation(s): CO CH 10 SEC 10 -56 (B) Repair or replace roof. Officer Guillaume presented the case. The Notice of Violation date was March 19, 2013, for the above captioned violations. Walter Pejouhy appeared on behalf of Marta Pejouhy on January 20, 2013. The compliance date and fine set by the Board was to comply by January 14, 2014, or a fine of $100 per day would be imposed thereafter. The violations were corrected on February 27, 2014, having 53 days of non- compliance. 4 Meeting Minutes Code Compliance Board Boynton Beach, FL March 19, 2014 Staff recommended no fine be imposed. An affidavit of compliance was filed on March 10, 2014. Wendy Pejouhy, the Respondent's daughter -in -law, was present. She lives at the residence and the repairs were completed. Decision Given the testimony and affidavit of compliance, Ms. Ellis approved the City's recommendation of no fine. Case No. 13 -1724 Nathaniel Robinson Property Address: 335 NE 11 Avenue Violation(s): CO CH 13 SEC 13 -16 Apply for and pass inspection for Business Tax Receipt for rental property. Officer Lewis presented the case which was previously tabled. The Notice of Violation was August 14, 2013, for the above violations. The case was heard October 1, 2013. The compliance date was set for October 31, 2013. The property was inspected on March 18, 2014, and the violation still exists having 138 days of non - compliance. Staff recommended certifying the case. Nathaniel Robinson, 335 NE 11 th Avenue, the property owner, explained he is a pastor of a church in LaBelle. He thought his son was taking care of the items, but he had not. He had the funds to take care of the items yesterday and pay the bills. He left the money on the table and when he returned, the money was gone. He called the Police, filed a report and requested more time. Ms. Ellis explained the case was ongoing since last year and it was already tabled at one point. Decision Ms. Ellis approved the staff's recommendation and certified the fine. She explained the violations had to be corrected and if a lien is on the property, there will be an opportunity to reduce the lien at a later date. Ms. Ellis explained to Mr. Robinson the fine was $200 a day for 138 days, plus administrative costs of $1,018.24 and $750 for inspection fees and $250 for affidavit filing costs. Case No. 13 -1726 Jessie M. and Thelmar Patterson Property Address: 518 NW 12 Avenue 5 Meeting Minutes Code Compliance Board Boynton Beach, FL March 19, 2014 Violation(s): CO CH13 SEC 13 -16 Apply for and pass inspection for Business Tax Receipt for rental property. Officer Guillaume presented the case. The Notice of Violation was August 14, 2013, regarding the above captioned violations. The case was heard January 15, 2014, and no one appeared. The compliance date and fine was set for January 30, 2014, or a fine of $50 a day would be imposed thereafter. The violation still exists having 47 days of non - compliance. Sherry Smith, the daughter of the property owner was present. Ms. Smith gave her address as 1020 NW 3 rd Street, Boynton Beach, and indicated she thought the issues was corrected. She requested more time as she needs help to address the items. Officer Guillaume explained they have not been able to gain access to the inside of the property. There are tenants living at the premises. Ms. Ellis received confirmation the owners were notified as of August of last year and nothing has occurred. Ms. Smith thought someone had looked at the property. Ms. Ellis explained an application has to be made for the Business Tax Receipt. Officer Guillaume explained they had applied but Officer Roy went to the premises while Officer Guillaume was on vacation and had not been able to make the inspection. Ms. Ellis suggested the owners speak with the tenant and inform them they must allow access to the Code Officer. Decision Ms. Ellis tabled the case to the meeting on April 16, 2014. She explained if the inspectors have not gained access by next month, the fine would be doubled. Case No. 13 -1727 Jessie M. and Thelmar Patterson Property Address: 522 NW 11 Avenue Violation(s): CO CH13 SEC 13 -16 Apply for and pass inspection for Business Tax Receipt for rental property. Officer Guillaume presented the case. The Notice of Violation was August 14, 2013, for the above captioned violations. The case was heard January 15, 2014, and no one appeared. The compliance date and fine set by the Board was to comply by January 30, 2014, or a fine of $50 a day would be imposed thereafter. The violations still exist having 47 days of non - compliance. Sherry Smith again reiterated she thought they were communicating. Officer Guillaume explained this was the same as the previous case with the problem being the 6 Meeting Minutes Code Compliance Board Boynton Beach, FL March 19, 2014 inspection. Ms. Ellis explained although they applied for the Business Tax Receipt, the process is not complete until it is inspected. Decision Ms. Ellis tabled the case until the next month. Case No. 13 -1728 Jessie M. and Thelmar Patterson Property Address: 532 NW 11 th Avenue Violation(s): CO CH 13 SEC 13 -16 Apply for and pass inspection for Business Tax Receipt for rental property. Officer Guillaume presented the case. The Notice of Violation was August 14, 2013, for the above captioned violations. The case was heard January 15, 2014, and no one appeared. The compliance date and fine was January 30, 2014, or a fine of $50 a day would be imposed thereafter. The violations still exist having 47 days of non- compliance. The Business Tax Receipt application has been made. Decision Ms. Ellis tabled all three cases until April 16, 2014. Case No. 13 -653 Wachovia Mortgage FS Property Address: 620 NE 7 th Avenue Violation(s): CO CH15 SEC 15- 120(D) Inc. CO CH13 SEC 13016 Apply for and pass inspection for Business Tax Receipt for rental property. Remove inoperable vehicles, trailers and outdoor stored materials. Mow and trim overgrown yard. Ms. Springer presented the case as in the notice of violation. The case was heard on May 15, 2013, and no one appeared. The compliance date and fine set by the Board was to comply by May 25, 2014, or a fine of $500 per day would be imposed thereafter. The violations were corrected on August 22, 2013, having 88 days of noncompliance totaling $44K, plus administrative fees. Three outstanding water bills had to be paid in order to be eligible for lien reduction. Ms. Springer was contacted August 29, 2013, by the title company requesting information on the lien reduction. An inspection was made on September 3, 2014, and dead vegetation had to be removed, and the soffit and fascia had to be painted where repairs were made. Ms. Springer was again contacted on September 12, 2013, and 7 Meeting Minutes Code Compliance Board Boynton Beach, FL March 19, 2014 missing window and soffit screens, fence repairs, trash, debris, overgrown trees and shrubs and mailbox repairs were identified. Ms. Springer was contacted on October 9, 2014, and a re- inspection showed missing screens in the rear sliding glass doors and trash and debris, the shed violation, and the overgrown conditions still existed. On October 23, 2013, Ms. Springer was contacted. The property was inspected on November 13 and was eligible for lien reduction. An application was sent, but not returned. Code Compliance was contacted in January and they re- inspected and the property passed inspection in January. Robert Spear, 51 East Commercial Boulevard, Ft. Lauderdale, represented the title company. The attorneys representing Wachovia, requested the lien be reduced to 10% of the original fine amount. He did not have any paperwork showing how Wachovia remediated the violations. Wachovia usually has the listing agent coordinate the field team and advise what needs to be done that cost money. Otherwise, the listing agent usually mowed and maintained the property. When repairs are made, the agent contacts Wachovia to obtain approval and either obtains payment from them or handle it, depending on what needed to be repaired. Each time an inspection was made, because the property laid vacant, items arose. Currently, there is a contract on the property. Ms. Springer had photographs she showed the Respondent and Ms. Ellis. Ms. Ellis noted significant improvement was made. Decision Based on the testimony of the City and the Respondent and the evidence in the record, Ms. Ellis reduced the lien to $3,000 plus the administrative costs of $634.12. Case No. 10 -2987 Citimortgage Property Address: 437 W. Ocean Avenue Violation(s): CO CH10 SEC 10 -51.5 Inc. Property that is vacant or subject to a current notice of default must be registered with the City and maintained per City Code. Register property, and mow, weed and trim hedges. Ms. Springer presented the case. The Notice of Violation was sent on October 6, 2010, for the above captioned violations. The case was heard on November 17, 2010, and no one appeared. The compliance date and fine was set for December 2, 2010, or a fine of $150 a day would be imposed thereafter. The violations were corrected on March 6, 2013, having 824 days of non - compliance for a total of $123,600 plus administrative fees. 8 Meeting Minutes Code Compliance Board Boynton Beach, FL March 19, 201 Ms. Springer was contacted in October 2013. The property was inspected and no violations were found. Only an outstanding water bill had to be paid, which was paid in October. Ms. Ellis noted the property complied in March and inquired why it took so long be eligible. Ms. Springer explained the Officer can verify compliance, but Code Compliance has contacted for a lien reduction by a realtor or bank/title company which did not occur until later. Nick Jackson, Exit Realty Global Group, explained the property was assigned to them in September 2013, and they took possession of the property in February 2014. The bank was unable to take possession earlier because the prior owners were litigating and then they put tenants in the premises. They spent approximately $20K on the property. They replaced the roof, most of the windows that were broken, the inside was gutted and items were stolen. The tenant left before the eviction was completed. They worked expeditiously to bring the property into compliance, which was now under contract with an owner who would occupy the home. The fine exceeds the value of the property. Mr. Jackson offered to email Ms. Ellis the list of expenses to bring the property up to Code. Ms. Springer had photographs the Respondent and Ms. Ellis viewed. The contract price was $95K. The property was in foreclosure in late December 2009 or 2010, and Fannie Mae was the lien holder. Decision Based on the testimony of the Officer and Respondent and the evidence presented, Ms. Ellis reduced the lien to $3,500 plus the administrative costs of $634.12. Case No. 11 -890 Bank of New York Mellon Property Address: 2100 N. Seacrest Boulevard Violation(s): CO CH 10 SEC 20 -51.5 INC. Property that is vacant or subject to a current notice of default must be maintained per City Code. Secure property. Remove vehicles, trash and debris from the property. Ms. Springer presented the case as in the Notice of Violation. The case was heard on July 20, 2011, and no one appeared. The compliance date and fine was July 31, 2011, or a fine of $250 a day would be imposed thereafter. The violations were corrected on December 8 2011, having 129 days of non - compliance and a fine of $32,250 plus administrative fees. Ms. Springer was contacted in August for a lien reduction inspection; however, repairs to the rotted fence, broken shutters, windows and screens, missing soffit screens, doors and frames needed to be done as well as to trim overgrown hedges, mow grass, 9 Meeting Minutes Code Compliance Board Boynton Beach, FL March 19, 2014 remove trash and debris, and repair and weed the driveway. A water bill of over $2,000 was outstanding as well as a municipal lien. The property was inspected in December 2013. Some items were corrected but it was learned permits were only pulled for two of the four windows that were replaced and a door. The property was re- inspected in January. The driveway needed to be replaced and they needed to paint and repair the stucco where the air conditioner was, the air conditioner condenser needed to be replaced and the front yard sodded. The items were all corrected and the property met all the requirements for the lien reduction. Sue King, Data Quick Title, 5629 Strand Boulevard, Naples, the authorized agent for the Bank, explained the property was a bank -owned foreclosure. They recorded the certificate of title on July 12, 2013. In 2012, the assessed value of the home was $31,455. This year the value is $41,966. The Bank invested $45,532 in the repairs and there were mold issues they addressed. She thought the repairs increased the value. Ms. King opined the home may sell for $45K to $50K and she offered to email a list of the repairs needed. Ms. Ellis agreed to recall the case pending receipt of the expenses. Case No. 13 -747 Sky Boynton Holdings LLC- T- Mobile South LLC Property Address: 310 N. Congress Avenue Violation(s): BBA FBC 2010 ED 105.1 Tenant to obtain building permit for store front, customer counter and electrical repair work performed without permits. Red tagged. Ms. Springer presented the case. The Notice of Violation date was April 23, 2013, for the above captioned violations. The case was heard on June 19, 2013. The compliance date and fine was June 29, 2013, or a fine of $300 a day would be imposed thereafter. The violations were corrected on January 21, 2014, having 205 days of non- compliance and a fine totaling $61,500 plus administrative fees. Rhonda Blanchard, Nationwide Security and Building Services in Southern California, the property repair and maintenance company for T- Mobile, explained there was an emergency at the location as a motorist drove through the front window. The firm contracts local contractors in the area to take care of the repairs. The company went to the site, gave a quote, made the repairs, but did not pull a permit. They received notification from T- Mobile that a notice was left at the site for non - compliance and not having a permit. They immediately applied to the City for the permits and submitted sketches. The permit process was a long process that started on April 15 They were notified on July 12 by T- Mobile about a hearing, which they interpreted to read T- Mobile would appear at the August 21S hearing, while T- Mobile thought Nationwide Security and Building Services would appear. The permits were closed and 10 Meeting Minutes Code Compliance Board Boynton Beach, FL March 19, 2014 they were requesting a reduction. They would go back to the contractor that did the work to hold them accountable. Stan Wachowski, property owner for the shopping center, explained it was a case of too many people involved. They notified the individuals handling the repair, and the matter fell through the cracks. The work was done by licensed personnel using local vendors. They learned of the outstanding lien while going through a refinance process. They contacted all the parties involved to get to the bottom of the matter. T- Mobile has been a tenant since the shopping center was built nearly 10 years ago. There was also some confusion about the type of permit to be pulled. There was no damage to the electrical, it was just the storefront. Decision Given the testimony and there were issues, Ms. Ellis reduced the lien to $4K plus administrative costs of $634.12. 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. Red tagged. Ms. Springer presented the case. The notice of violation was sent on March 6, 2013, for the above captioned violation which involved mold and drywall. The case was heard May 15, 2013. The compliance date and fine was May 25, 2013, or a fine of $500 per day would be imposed thereafter. The violations were corrected on November 21, 2013, having 179 days of non- compliance, and a total fine of $89,500 plus administrative fees. Ms. Springer was contacted in December, and at that time, the property met all the requirements for lien reduction. Ryan Shirley, of Ronald R. Wolf and Associates for JP Morgan Chase, explained he was not given information about why a permit was not obtained. The Bank obtained the Certificate of Title on January 30, 2013 and came into compliance about 10 months after taking possession. The property is not under contract, but they want to sell it. The property is worth about $45K. Attorney Shirley did not have information about how much money was spent in repairs, but he agreed to provide it to Ms. Springer by the end of the week. Ms. Ellis explained she needed that information before making her decision. Decision Ms. Ellis tabled the case to April 19, 2014. Case No. 10 -3262 Deutsche Bank National Trust Property Address: 921 NW 3 rd Street 11 Meeting Minutes Code Compliance Board Boynton Beach, FL March 19, 2014 Violation(s): CO CH10 SEC 10.51.5 INC Property that is vacant or subject to a current notice of default must be registered with the City and maintained per City Code. Secure the property. Remove trash and debris and remove unknown tenant. Ms. Springer presented the case. The notice of violation was sent November 9, 2010, for the above captioned violations. The case was heard January 19, 2011. The compliance date and fine was January 29, 2011, or a fine of $1,000 a day would be imposed thereafter. The violations were corrected on March 18, 2014, having 1,143 days of noncompliance and a total fine of $1,143,000 plus administrative fees. Ms. Springer was contacted in September for a lien reduction inspection. The officer found the case had not complied. There was still trash and debris in the property. He also found other violations that needed to be taken care of, such as mowing, weeding and trimming, replacing rotten wood, remove bee infestation, replace missing windows, replace missing screens, pay an outstanding water bill, and registration of the foreclosure property. She was again contacted in October for a re- inspection and all the items remained outstanding. The Code Officer and Property Manager met onsite. The Code Officer provided a list and pointed out exactly what needed to be done. The Code Compliance office was again contacted in January, and some items remained. The property was inspected again on February 24 and still had items outstanding. On March 18, 2014, an inspection revealed the items were addressed and the case was eligible for a lien reduction. Ms. Springer had before and after photos she showed to the Respondent and Ms. Ellis. Amanda Glass, Sandals Realty Group, listing agent for the Bank, explained they obtained the property in September of last year, when it was just foreclosed. Their field services crew was sent to do the work. When she got involved around January, they had tried to fix windows, but replaced them with hurricane impact windows. She retained a contractor, but the property was not in compliance. She met Officer Roy on site and got all the items on the list done in about 18 days. Ms. Glass explained she spent about $30K on the property and anticipated the service crew handled about $5,000. The violations were outstanding since 2010 and there were vagrants at the property. Decision Given the fact the Respondent spent a lot of money bringing the property into compliance and making it a marketable property with the hopes of getting it on the tax 12 Meeting Minutes Code Compliance Board Boynton Beach, FL March 19, 2014 roles as a productive property, and given the fact the Respondent came into the picture recently, Ms. Ellis reduced the lien to $2,500 plus administrative costs of $634.12. Ms. Springer recommended tabling the following cases: 12 -1253; 10 -540; 13 -40 and 13 -1923. Decision Ms. Ellis agreed to the recommendation. Ms. Ellis recalled Case No. 11 -890 Case No. 11 -890 Bank of New York Mellon Property Address: 2100 N. Seacrest Boulevard Violation(s): CO CH10 SEC 20- 51.5 INC. Property that is vacant or subject to a current notice of default must be maintained per City Code. Secure property. Remove .vehicles, trash and debris from the property. Ms. King produced emails of the repairs that totaled about $45K, which was more than the value of the home. Decision Given the testimony by the Respondent and City and the evidence by the Respondent, Ms. Ellis reduced the lien to $1,000 plus administrative costs of $730.15. Case No. 13 -2351 Bank of New York Trust Property Address: 1411 NW 1S Court Violation(s): CO CH15 SEC 15- 120(D) INC CO CH 13 SEC 13 -16 Apply for and pass inspection for the Business Tax Receipt. Remove inoperable vehicles, trash and debris from the property. Officer Lewis presented the case which was previously tabled. The case arose from a routine inspection. The initial inspection date was October 25, 2013, noting the above captioned violations. The Respondent was not a routine violator. Written notice gave 15 days to correct the violations. The property was posted on February 24, 2014, and staff recommended 10 days be given to correct the violations. Ms. Ellis reviewed photographs. 13 Meeting Minutes Code Compliance Board Boynton Beach, FL March 1, 2014 Decision Seeing no one present to speak on the case and based on the testimony and evidence by the City, Ms. Ellis upheld staff's recommendation for 10 days to comply and a fine of $150 a day thereafter. Case No. 13 -2259 Melissa Espinoza Property Address: 1521 NE 1 St Street Violation(s): CO CH2.5 SEC 2.5 -12 +13 Excessive false alarms and service fee. Officer Roy presented the case which was a referral from the Police Department. The initial inspection date was October 11, 2013. Initial notice was on October 11, 2013, giving 15 days to comply. Notice was sent Certified Mail and posted at City Hall on March 5, 2014. A payment of $200 has not been made. Staff recommended 10 days be given to correct the violation. Decision Seeing no one in the audience to speak on the matter, Ms. Ellis ordered the staff recommendation of compliance by March 29, 2014, with a $150 fine. Case No. 14 -123 Raffaela Liuzzo Mazzocchi Property Address: 201 NW 27 Avenue Violation(s): CO CH2.5 SEC 2.5- 3 +2.5 +7 Obtain an alarm decal as required by Ordinance. Decal shall be placed on front door or on front window. Officer Roy presented the case which was a police department referral. The initial inspection date was January 28, 2014, for the above captioned violations. Written notice was sent from the Police Department giving 15 days to comply. Notice was sent certified mail on February 20, 2014, and notice was posted at City Hall on March 6, 2014. There was no permit on record. Staff recommended 10 days be given to correct the violation. Decision Seeing no one in the audience to testify, Ms. Ellis approved the recommendation of staff which was 10 days, March 29, 2014, with a $150 a day fee for noncompliance. Case No. 14 -125 Hazel Butler & Chris Freeman Property Address: 221 SW 8 th Avenue Violation(s): CO CH2 SEC 2.5- 3 +2.5 -7 4 Meeting Minutes Code Compliance Board Boynton Beach, FL March 19, 2014 Obtain an alarm decal as required by Ordinance. Decal shall be placed on front door or on front window. Officer Roy presented the case which was a Police Department referral. The initial inspection date was January 28, 2014, for the above captioned violations. Certified mail was sent on February 20, 2014, and notice was posted at City Hall and the property on March 7, 2014. There was no alarm permit on record. Staff recommended 10 days, March 29, 2014, be given to correct the violations. Decision Seeing no one in the audience to speak on the matter, Ms. Ellis approved the recommendation of staff for a compliance date of March 29; 2014, with a $150 fine per day. Case No. 14 -130 GOP LLC Property Address: 57 Lancaster Road Violation(s): CO CH2 SEC 2.5- 3 +2.5 -7 Obtain an alarm decal as required by Ordinance. Decal shall be placed on front door or on front window. Officer Roy presented the case which was a Police Department referral. The initial inspection date was January 28, 2014, for the above captioned violations. Certified mail was sent on sent on February 24, 2014, giving 15 days to comply. The certificate of mailing was signed on February 28, 2014. There was no alarm permit on record. Staff recommended 10 days, March 29, 2014, be given to comply. Decision Seeing no one in the audience to speak on the case and based on the testimony given by the City, Ms. Ellis ordered a10 -day compliance date of March 29, 2014, with a $150 fine per day. Case No. 14 -107 Aldin Augustin & Marie P. Faustin Property Address: 607 SW 1 St Avenue Violation(s): CO CH15 SEC 15- 120(D) INC CO CH10 SEC 10 -52 Vehicles on property must be registered or removed. Remove trash and debris as well as outside storage. Officer Hart presented the case which arose from a routine inspection on January 24, 2014, for the above captioned violations. The Respondent was not a repeat violator. 15 Meeting Minutes Code Compliance Board Boynton Beach, FL March 19, 2014 Written notice was sent on January 24, 2014, giving 10 days to correct the violations. Certified mail was sent on February 20, 2014. The green card was unsigned. Notice was posted at City Hall on March 5, 2014. Some of the vehicles remained outstanding. The last inspection date was the morning of March 19, 2014. Staff recommended seven days, March 26, 2014, be given to correct the violations and a fine of $100 per day. Decision Seeing no one in the audience to speak on the case and based on the testimony given by the City, Ms. Ellis ordered a 10 -day compliance date of March 26, 2014, with a $100 a day fine. Case No. 14 -81 Wells Fargo Bank NA Property Address: 719 SW27th Terrace Violation(s): CO CH10 SEC 10.51.5 INC Property that is vacant or subject to a current notice of default must be maintained per City Code. Maintain pool in sanitary condition. Officer Pierre presented the case as in the notice of violation. The case arose from a routine inspection for the above captioned violations. Written notice was sent giving 10 days to comply. The green card was signed on February 24, 2014. The property was last inspected on March 18, 2014. Staff recommended 10 days be given to correct the violations. Decision Based on the testimony of staff and it is somewhat of a safety issue with the pool, Ms. Ellis upheld 10 days to correct the violations and a $200 a day fine. Case No. 14 -50 Financial Freedom Division Onewest Bank Property Address: 405 NW 3` Avenue Violation(s): CO CH10 SEC10 -51.5 INC Property that is vacant or subject to a current notice of default must be registered with the City and maintained per City Code. Renew registration. Secure property at all openings. Remove trash and debris. Officer Shickles presented the case which was a Police Department Referral. The initial inspection date was November 20, 2013. Written notice was sent giving 15 days to 16 Meeting Minutes Code Compliance Board Boynton Beach, FL March 19, 2014 comply. Service was obtained by certified mail. The green card was signed by Ms. Joanna Reyes. There are vagrants occupying the premises leaving trash and debris all over the property. The property was last inspected on March 18, 2014. Staff recommended 10 days be given to correct the violations and a fine of $100 per day. Officer Shickles had photographs which Ms. Ellis viewed. Decision Seeing there was no one to speak on the matter and based on the testimony and evidence presented by the City, Ms. Ellis ordered a 10 -day compliance date of March 29, 2014, and a fine of $100 per day fine. Case No. 14 -157 Andra Jackson Property Address: 558 NW 9 th Avenue Violation(s): CO CH 15 SEC 15- 120(D) INC CO CH 10 SEC 10 -56(B) Mow and trim overgrowth. Repair or remove broken chain link fence. Officer Shickles presented the case as in the notice of violation. The case arose from a routine inspection. The initial inspection date was January 28, 2014, for the above captioned violations. The Respondent is a repeat violator. Initial notice was a written notice giving 10 days to comply. Notice was posted at the premises and at City Hall on March 5, 2014. The property has been cited for overgrowth in 2012, 2013, and 2014. The property was last inspected on March 17, 2014. Staff recommended 10 days, March 29, 2014, be given to correct the violations and a fine of $100 per day. Officer Shickles had photographs which Ms. Ellis viewed. Decision Based on the testimony of the City and there being no one in the audience to speak on the matter based on the evidence presented, Ms. Ellis ordered at 10 -day compliance date of March 29, 2014, with a $100 per day fine. Case No. 12 -806 Amy and Michael Senkowicz Property Address: 915 Greenbriar Drive Violation(s): CO CH20 SEC 20 -6 and 20 -7 CO CGH10 SEC 10 -56 (D) Boat must be parked on a hard surface driveway or behind front roofline. Remove boat from street. Cease boat repairs, install minimum four -inch house numbers on street visible from street. 17 Meeting Minutes Code Compliance Board Boynton Beach, FL March 19, 2014 Officer Pierre requested this case be revisited. The case was originally heard on August 9, 2012 and was before the Board again in 2013. Officer Pierre explained the case was heard because of a violation that reoccurred, but the owner sold the property and the boat. Officer Pierre had agreed that if she would provide the sale information and closing date, the case would be reconsidered to remove the lien. The fine was for $500 as they violated a Cease and Desist order last month. Ms. Ellis heard the case last month and had certified the fine. Afterward, they sold the property. Decision Based on the history of the case and the testimony given by the City, Ms. Ellis ordered the recommendation of the City to rescind the fine and refund the $500 back to the owner cited for the violation. Officer Roy recommended the following cases be certified as No Fine: Case No. 13 -946 White Elk Enterprises LLC 220 W. Boynton Beach Boulevard Case No. 13 -947 White Elk Enterprises LLC 226 W. Boynton Beach Boulevard Case No. 13 -2029 Robert & Carol Mcchel 637 Las Palmas Parkway Case No. 13 -2260 Michelle & Michael Perkins 74 Cedar Circle Case No. 13 -2361 Meriles Jean 115 SW 5th Avenue Case No. 13 -2185 Ricot & Gislaine Denis 1625 NE 1 Street Case Case No. 13 -2511 Jillette D. Watson 2103 NE 2 nd Court Case No. 13 -2648 Frankel Drouillard 1611 NE 3 rd Court Case No. 13 -2307 Elizabeth A. and Tim Lienberger 181 SE 30 Avenue Case No. 13 -2631 Jean and Marie Bobo 2212 SE 3 rd Street Case No. 13 -2667 Juvenal & Myrna Suarez 197 SE 27 Court Officer Roy recommended the following cases be tabled to April 96, 2094: Case No. 13 -2354 SFRH SF Rental LP 302 SW 5 Avenue Case No. 13 -2272 Andrews Sixth Generation Investment 627 NE 6 Avenue Officer Roy read the following statement 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. At this time, 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 ": 18 Meeting Minutes Code Compliance Board Boynton Beach, FL March 19, 2014 Case No. Name Address Amount per day 13 -2328 Cynthia J. Matthews 1691 NW 5 Street B $50 13 -2405 Marie A. Thomas 218 SW 7th Street $50 13 -2413 Frank W. Allen 1428 SW 25 Place B $50 13 -2531 William Entrican 102 SW 7 Street $50 13 -2240 MDC2 Rental LLC 29 Crossings Circle A $50 13 -2665 IMA Fund 1 LLC 1622 NE 4 Court $100 13 -2640 Elcius Monaille 190 SE 27 Avenue $50 13 -2286 John Nickels II 119 SW 3 rd Avenue $50 13 -2320 Fairhomes Turquoise 8008 Red Reef Lane $100 Waters Properties 13 -2390 Marjorie Holder 2030 NW 2 nd Court $100 13 -2416 Alton & Ruthie Banks 430 NW 5 Avenue $50 Decision Ms. Ellis certified the fines previously stated by the City. Ms. Ellis adjourned the meeting at 10:52 a.m. Catherine Cherry Minutes Specialist 032014 19