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Minutes 04-16-14 TUTS OF THE CODE COMPLIANCE/LIEN REDUCTION HEARINGS HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA, ON WEDNESDAY, APRIL 16, 2014, AT 9:00 ., PRESENT: Carol Dutra Ellis, Special Magistrate Diane Springer, Code Compliance Coordinator Shana Bridgeman, Board Counsel I. 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 would make a finding there is a violation or not. She was not authorized to excuse violations due to hardship or ignorance or to change the Code. The City Commission adopted the Code and only they could 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 could 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 would 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, she will consider the gravity of the violation, the efforts to comply and any previous violations by the Respondent when setting the fine amounts. 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 February 1, 2014 and March 19, 2014, Minutes Ms. Ellis approved both minutes with one change to the February 19, 2014 minutes: The Case No. on page 12 should read 12 -1838, not 13 -1838. Ill. Approval of Agenda Skip Lewis, Senior Code Compliance Officer, announced the following changes to the agenda: Case Nos. 13 -2790 and 14 -359 were closed. Case Nos. 14 -117, 14 -155, 14 -34, 14 -242, and 14 -257 were corrected. Meeting Minutes Code Compliance Hearings Boynton Beach, FL April 16, 2014 Case No. 14 -156 was removed. Decision Ms. Ellis approved the agenda with the stated changes. Diane Springer, Code Compliance Coordinator, announced the Respondents for the following cases were present: 14 -102, 14 -236, 13 -1726, 13 -1727 and 13 -1728, 13 -2558, 13 -2817, 13 -338, 12 -1253, 10 -540, 13 -40, and 13 -1923. IV. Swearing in of witnesses and introduction The Clerk administered an oath to all those intending to testify. Case No. 14 -102 Robert & Teresa Traxler Property Address: 194 SE 27 Avenue Violation(s): CO CH13 SEC 13 -16 LDR CH3 ART IV SEC 3 (D) Apply for and pass inspection for Business Tax Receipt for rental property. Over one -ton vehicle cannot be parked in a residential zoning District. Remove tow truck. Vestiguerne Pierre, Senior Code Compliance Officer, presented the case which arose from a routine inspection. The initial inspection date was January 24, 2014. A vehicle over one ton cannot be parked in a residential zoning district. Ten days was given to correct the violations. Notice was posted at City Hall and the property on March 25, 2014. The property was last inspected on April 15, 2014. Staff recommended a Cease and Desist Order for the violations. The Respondent was present. Robert Traxler, 194 SE 23 Avenue, the owner of Bridge Towing, was present. He explained he has been parking his vehicles in the City for 20 years. He has a 24 -hour emergency service and he provides a public service. He did not know why the one -ton issue arose after parking in the City at three different residences. Most trucks that are F -250 trucks were more than the one -ton chassis. He suggested the City review the regulation and change it to permit a two -ton chassis because there are many vehicles that are F -250. He mentioned other models that were over one ton. There were no previous violations regarding the truck. Mr. Traxler explained if the Police call him, he has to leave right away and he has signed statements from his neighbors indicating they did not mind the vehicle at the 2 Meeting Minutes Code Compliance Hearings B oynton Beach, FL April 16, 2014 residence. He has over 80 accounts, and asserted that companies that are contracted with the City and for the Police have trucks at their residences without incident. He contended this was selective enforcement. Ms. Ellis reviewed the Home Occupation License regulations and photographs and inquired how long he was at that location. Mr. Traxler responded he resided there for seven years. After Ms. Ellis' review of the documents, she noted paragraph eight of the license regulations restricted vehicles over one ton in residential zoning districts and concluded that based on the agreement and conditions, and the fact that the truck was over one ton, there was a violation. Decision Ms. Ellis recommended a Cease and Desist Order by the City and gave seven days to remove the truck. If the truck was not removed, a $250 fine per day would be imposed. In response to a question from Mr. Traxler, Ms. Ellis explained the matter was appealable to the Circuit Court. Case No. 1 -236 Kory and Kimberly Sheehan Property Address: 146 SE 4 Avenue Violation(s): CO CH15 SEC 15- 120(D) INC. Cl CH13 SEC 13 -16 Remove or repair fence, trim hedges, remove trash and debris from rear yard. Apply for and pass inspection for the Business Tax Receipt for rental property. Courtney Cain, Code Compliance Officer, presented the case which arose from a routine inspection. The initial inspection date was February 11, 2014. The Respondent was to address the above captioned violations and all was corrected, except for the fence. The property was also vacant and the Business Tax Receipt was not an issue. Jeff Fraser, on behalf of HSBC Bank, was in contact with the client on the property. They had been contracting the services in order to remove debris and all other types of violations and obtaining bids to address the fence. The Bank took title to the property on February 18, 2014. Decision Given the client had corrected most of the issues, Ms. Ellis allowed 30 days to address the fence. If that did not occur within 30 days, there would be a $100 fine a day. The compliance date was May 16, 2014. 3 Meeting Minutes Code Compliance Hearings B oynton Beach, FL April 16, 2014 Case No. 13 -2558 Chiung Yuen Chang & Brian Ho 4185 Key Lime Blvd. Luney Guillaume, Code Compliance Officer, presented the case. The Notice of Violation was January 25, 2013. The case was heard February 19, 2014, and no one appeared. The compliance date and fine set was March 1, 2014, or a fine of $100 a day would be imposed thereafter. The violation still exists having 45 days of non- compliance. There was a tenant at the premises because the water bill was in someone else's name. Karen Ho, mother of Brian Ho, the property owner, explained she was told something was on the door, which was the hearing notice. She did not know who she spoke with when the first letter was received, but she explained her son lives at the premises and has a roommate. Ms. Ho had a certified letter from the roommate because they both have to work. She offered if the water bill was an issue, she would put the water bill under his name. Ms. Ellis explained the issue was if Mr. Ho wanted to rent property, he must obtain a Business Tax Receipt. Ms. Ho inquired if everyone with a roommate had to have a license. Mr. Ho resides at the premises and does not collect rent. The roommate had financial issues and he was assisting her. She pays the water bill. Ms. Ho explained her son's income tax shows he lives at the address. She further explained no one appeared at the hearing because she had spoken with someone at the City who advised it would be taken care of, so she did not attend. When she got the letter, she came to City Hall, signed in, spoke to an individual and was transferred several times. Ms. Ho explained her son bought the property in 2008 and both Mr. Ho and the roommate travel a lot. When he first purchased the home, he did rent it while he attended NOVA University, but after that, he has resided in the premises. Ms. Ellis explained Mr. Ho must prove occupancy and that there is no tenant. Ms. Ho explained the certified letter verified that information, which was notarized. Officer Guillaume explained the HOA sends a list of rental properties to Code Compliance. Ms. Ellis reviewed the correspondence from the HOA and noted it explained the date was September 2013. Ms. Ho inquired if the HOA had the authority to send information to the City. Ms. Ellis explained at this point, the case was up for fine certification and she would certify the fine. She explained Mr. Ho will have the opportunity to have the lien removed, Ms. Ellis commented the Business Tax Receipt was under $100 and she certified the lien. She explained he will have an opportunity to obtain a lien reduction, but he will have to either comply or show evidence there is no tenant residing in the premises. 4 Meeting Minutes Code Compliance Hearings Boynton Beach, FL April 16, 2014 Ms. Ho explained her son will lose money if he appears. Ms. Ellis explained all are bound by the same rules, and he can afford $100 for the Business Tax Receipt. Decision Ms. Ellis agreed to table the case for another month, which will give time for Mr. Ho to come into compliance. Ms. Ho explained she would apply to the City for the Business Tax Receipt. Case No. 13-2817 Yachtsman Properties LLC 1600 N. Federal Highway Officer Lewis presented the case. The Notice of Violation was December 23, 2013. A Business Tax Receipt was needed and one business was operating there for over three years. There were site maintenance violations and issues with the interior and exterior of the building. The case was heard on February 19, 2014, and no one appeared. The compliance date and fine was to correct the violations before March 1, 2014, or a fine of $50 a day would be imposed thereafter. The property was inspected on April 10 and on the 15 and the violation exists having 45 days of non-compliance. Officer Lewis explained there were three businesses at the location. Two obtained Business Tax Receipts, but one was still operating and had not had a Business Tax Receipt since 2011. The Business Tax Receipt was also revoked by the Building Department for illegal activity and a gambling arrest was made. There were problems with garbage, trash, dumpsters, the fences, landscaping, potholes and more. He had photographs and explained the neighbors were complaining to him. As of April 15 a few plants were planted in the front and the backyard was still a mess. The fine of $50 a day began accruing on March 'I' The Respondents were notified but did not appear. Ms. Ellis reviewed the photographs. Andrew Cohen, Banyan Development, 4721 NW 28 Way, Boca Raton, was part owner of the Center. Mr. Cohen explained they turned over management of the Center at the beginning of the year to Current Capital. Previously, he had been handling most of the property management for six years, but he had to seek employment elsewhere for additional income. Mr. Cohen commented there were miscommunications on the part of both parties, but most of the miscommunication has been resolved in regard to letting the management company run the Center on a day-to-day business. He was unaware a fine was accruing and understood his case was tabled. Decision Ms. Ellis explained there were many violations that have to be remedied. She certified the lien and explained there would be an opportunity to apply for a lien reduction. 5 Meeting Minutes Code Compliance Hearings Boynton Beach, FL April 16, 2014 Case No. No. 13-338 JP Morgan Chase an NA 1802 Meadows Circle W. Ms. Springer presented the case. The Notice of Violation was sent on March 6, 2013, regarding a permit for demolition work and to remove mold and drywall. The case was heard on May 15, 2013, and no one appeared. The compliance date and fine set by the Board was to correct the violations by May 25, 2013, or a fine of $500 a day would be imposed thereafter. The violations were corrected on November 21, 2013, having 179 days of non-compliance for a total of $89,500 with administrative fees of $634.12. Ms. Springer was contacted in December. At that time, the property met the requirements for lien reduction. In March, the attorney appeared and the case was tabled because there was inadequate information. Tamara Walters, JP Morgan Chase, explained the violations were corrected and she had the required receipts for all the work. The property was under contract with the closing to occur on April 18 They were unaware the fine was $500 a day, and corrected the violations as soon as possible. Ms. Ellis reviewed the receipts. Decision Based on the testimony of the City, the Respondent is in compliance, and looking at the receipts and the amount expended, to-date, she reduced the lien to $3,500 plus administrative costs of $634.12. Case No. 12-1253 David Abotbool 227 NE 11 Avenue Ms. Springer presented the case. The Notice of Violation was July 9, 2012, regarding windows and stucco work needing permits. The case was heard September 19, 2012, and no one appeared. The compliance date and fine set by the Board was September 29, 2012, or a fine of $150 a day would be imposed thereafter. The violations were corrected on May 8, 2013, having 220 days of non-compliance, a total fine of $33K plus administrative costs of $634.12. There were outstanding taxes and water bills that had to be paid. The owner had to obtain a Business Tax Receipt because he was renting the property. He needed to replace the missing glass on the front door, mow the yard, replace the soffit and paint it, replace the fence in the rear of the yard, remove trash and debris and replace the mailbox. He was then eligible for lien reduction. When the Officer inspected the property in October, he was ineligible as other violations were found. An officer inspected again in January and more violations were found, and the case was taken off the agenda. Currently, the property is barely in compliance for 6 Meeting Minutes Code Compliance Hearings Boynton Beach, FL April 16, 2014 lien reduction. The property could be in better shape, but there were no outstanding violations. Omar Salazar, Attorney, for the property owner, explained David Abotbool lives in Massachusetts and he restored the abandoned property and rents it. The lien was imposed on November 27, 2012, and the violations were corrected. The Property Manager was present to answer questions and Attorney Salazar requested a reduction of the lien. Greg Jacobs, explained he worked for True Development who services the property. He started the job about two months ago and he explained whoever worked for Mr. Abotbool before did not do what they said they would. He commented they hauled numerous loads of concrete, rocks, debris, old construction materials, and tires from the property. He had the receipt from Waste Management. There was a large tree in the front of the property that does not allow grass to grow, so they put down Chattahoochee rock. He spoke with one of the Code Officers who recommended removing the weeds from the rocks. He commented he would maintain the yard. The tenant there had chairs out front, and he told them to remove them. He explained he would ensure the yard was maintained Decision Based on the testimony from the City and the Respondent and his representative, Ms. Ellis reduced the lien to $3,500 plus administrative costs of $634.12. Case No. 10-540 Joshua Properties IV, LL 3313 Grove Road Ms. Springer presented the case. The Notice of Violation was sent on February 25, 2010, regarding repair or removal of the fence and a Business Tax Receipt needed for rental property. The case was heard on April 21, 2010, and no one appeared. The compliance date and fine set by the Board was May 6, 2010, or a fine of $50 a day would be imposed thereafter. The violations were corrected on November 14, 2013, having 1,287 of non-compliance, a fine of $64,350, and administrative costs of $634.12. Ms. Springer was contacted in August 2013 about how to comply. The property was re- inspected in September. The fence was repaired, but a Business Tax Receipt was needed. Once the Business Tax Receipt was resolved, there were outstanding water and property taxes that needed to be paid. She was again contacted in December to be placed on the agenda for a lien reduction; however, an inspection revealed several violations, which were to remove trash, debris and auto parts, repair the driveway apron, sod bare spots and repair the hurricane shutters. The property was re-inspected on February 24, 2014, and a vehicle without a tag had to be removed, which was addressed immediately. The property became eligible on February 28, 2014, for the lien reduction. 7 Meeting Minutes Code Compliance Hearings Boynton Beach, FL April 16, 2014 Jacqueline Chang for Hamilton Property Partners, the new owners was present. The lien was on Joshua Properties. A title search showed the lien and they contacted Ms. Springer. Ms Chang explained the property was purchased in a package in 2012. Decision Given the testimony by the City and the Respondent and Ms. Ellis noting for the record the compliance date was November 14, 2013, Ms. Ellis reduced the lien to $3,500 plus administrative fees of $634.12. Case No. 13 -0 Dalland Properties LP 233 NW 5 Court Ms. Springer presented the case. The Notice of Violation was sent on January 11, 2013, regarding a Business Tax Receipt for rental property and to repair the driveway. The case was heard on February 20, 2013, and no one appeared. The compliance date and fine set by the Board was March 2, 2013, or a fine of $1,000 per day would be imposed thereafter. The violations were corrected on May 8, 2013, having 66 days of non - compliance, a fine of $66,000 and administrative fees of $634.12. Ms. Springer was contacted in January for a lien reduction inspection, and the officer found bushes near the air conditioning compressor needed to be trimmed, trash and debris needed to be removed and a doorknob needed to be installed on the west side of the dwelling. Additionally, water bills close to $2,500 needed to be paid. The property was re- inspected on February 28, 2014, and was eligible for lien reduction. Bernadine Jones, for Dalland Properties, was hired in January to bring 80 of Dalland's properties in Palm Beach County into compliance. They did have a preservation team that did not do what they were supposed to do. She got a new team together and requested the lien reduction. She would ensure the properties would be maintained. Dalland purchased too many properties all at once and thought they had the right management team, but they did not. They were backtracking to bring all the properties into compliance. She explained Dalland purchased the properties in 2012. Decision Based on the testimony by the City and the Respondent's representative, Ms. Ellis reduced the lien to $2,500 plus administrative costs of $634.12. Case No. 13 -1923 Dalland Properties LP 233 NW 5 Court Ms. Springer presented the case. The Notice of Violation was sent August 27, 2013, regarding repairs to the plumbing system, cleaning all unsanitary conditions due to plumbing issues, repairing the flooring, walls, baseboard, etc. damaged by water and sewage, and the house could not be occupied until it passed inspection. The case was heard November 16, 2013, and no one appeared. The compliance date and fine set by 8 Meeting Minutes Code Compliance Hearings Boynton Beach, FL April 16, 2014 the Board was October 16, 2013, or a fine of $500 a day would be imposed thereafter. The violations were corrected December 11, 2013, having 45 days of non - compliance, a fine of $22,500, and administrative fees of $634.12. Ms. Ellis inquired why no one appeared. Bernadine Jones, Dalland Properties, explained there was a meeting with Dalland and the management team did not do the job they were paid to do, including appearing at the hearing. The home is not occupied and Dalland was planning to sell the home. Ms. Jones reiterated Dalland purchased too many properties at once and assured Ms. Ellis the property would be maintained until sold. Decision Based on the testimony of the City and the Respondent, Ms. Ellis reduced the lien to $2,500 plus administrative costs of $634.12. Case No. 13 -2252 SP Sub LLC 1053 Coral Drive Patrick Hart, Code Compliance Officer, presented the case. The Notice of Violation was sent October 10, 2013, regarding the repair of the screen enclosure and cleaning and securing the pool. The case was heard February 19, 2014, and Lou Caster Car appeared. The compliance date and fine was March 21, 2014, or a fine of $100 a day would be imposed thereafter. The property was last inspected on April 15, 2014. The pool was cleaned, but still unsecured. The number of days of non - compliance was 25, and there were four inspections totaling $434.12. The Respondent was not present. Decision Based on no one being present to speak on the matter, Ms. Ellis certified the fine. Case No. 13 -2522 Wells Fargo Bank NA TR 1202 Meadows Circle Officer Hart explained the Respondent was present earlier in the meeting. The case was tabled for 30 days. Case No. 13 -2353 Laina & Leon Feinstein Property Address: 510 SW 1 st Street Violation(s): CO SH10 SEC 10 -56 (A) and (D) Lock all doors and windows. Officer Cain presented the case for the above captioned violations. Staff recommended 10 days to correct the violations which was April 26, 2014, and a fine of $200 a day. 9 Meeting Minutes Code Compliance Hearings Boynton Beach, FL April 16, 2014 Decision No one was present to speak on the matter, and given the testimony from the City, Ms. Ellis ordered a 10 -day compliance date of April 26, 2014, and $200 a day fine. Case No. 1 -397 Scott and Julie Robertson Property Address: 117 SE 29 Avenue Violation(s): COCH 2.5 SEC 2.5 -3+ 2.5 -7 Obtain alarm decal per City ordinance and place on front door or front window. Officer Lewis presented the case. The case was a referral from the Police Department. The initial inspection date was February 27, 2014, for the above captioned violation. Written notice gave 15 days to correct it. Notice was sent certified mail on March 24, 2014, and the green card was signed on April 1, 2014. No alarm permit has been issued to -date. Staff recommended 15 days be given to comply, by May 1, 2014, or a fine of $50 a day. Decision No one was present to speak on the matter, and given the testimony from the City, Ms. Ellis ordered the recommendation from the City for a 15 -day compliance date of May 1, 2014, and a $50 a day fine. Case No. 1 -425 Larios Family Trust Property Address: 8238 White Rock Circle Violation(s): COCH 2.5 SEC 2.5 -3+ 2.5 -7 Obtain alarm decal per City ordinance and place on front door or front window. Officer Lewis presented the case, which was a referral from the Police Department. Written notice was sent March 4, 2014, giving 10 days to correct the violations. Notice was posted on the premises and at City Hall on April 4, 2014. To -date, no alarm permit was on record. Staff recommended 15 days be given to correct the violation and a fine of $50 a day be imposed thereafter. Decision No one was present to speak on the matter, and given the testimony from the City, Ms. Ellis ordered the recommendation from the City for a 15 -day compliance date of May 1, 2014, and $50 a day fine. Case No. 14 -223 Laurent & Jessica LeSae Property Address: 340 SW 10 Avenue Violation(s): BBA FBC 2010 ED 105.1 0 Meeting Minutes Code Compliance Hearings Boynton Beach, FL April 16, 2014 Permit required for re-roof and air conditioning work. (Former Case No. 13-119 issued to Prodigy Capital, Inc. — No permit obtained.) Officer Cain presented the case as contained in the Notice of Violation. Staff recommended 10 days be given to correct the violations, by April 26, 2014, or a fine of $100 a day be imposed thereafter. Decision No one was present to speak on the matter, and given the testimony from the City, Ms. Ellis approved the recommendation from the City for a 10 -day compliance date of April 26, 2014, and $100 a day fine. Case No. 14-367 SRP SUB LLC Property Address: CO CH 13 SEC 13-16 Violation(s): Apply for and pass inspection for Business Tax Receipt. Officer Cain presented the case as contained in the Notice of Violation. Staff recommended 10 days be given to correct the violations by April 26, 2014, or a fine of $150 a day be imposed thereafter. Decision No one was present to testify and based on the testimony given by the City, Ms. Ellis approved the recommendation of the 10-day compliance date of April 26, 2014, and $150 fine per day. Case No. 13-369 Danus LLC Property Address: 906 SE 3 rd Street Violation(s): CO CH13 SEC 13-16 Pass inspection for Business Tax Receipt for rental property that was applied for on October 24, 2013. Officer Cain presented the case as in the Notice of Violation. Fourteen days was given to comply. Staff recommended 10 days to correct the violation by April 26, 2014, or a fine of $100 a day thereafter. Decision No one was present to testify and based on the testimony given by the City, Ms. Ellis 11 Meeting Minutes Code Compliance Hearings Boynton Beach, FL April 16, 2014 approved the recommendation of the City for a 10 -day compliance date of April 26, 2014, and $100 fine per day Case No. 14 -221 Gene and Robert Pupa Property Address: 70 Paxford Lane Violation(s): CO CH13 SEC 13 -16 Apply for and pass Business Tax Receipt for rental property. Officer Guillaume presented the case for the above captioned violation. The initial inspection date was February 7, 2014, and notice gave 10 days to correct the violation. The green card was signed on March 25, 2014. Staff recommended 15 days to correct the violation and a fine of $50 a day be imposed thereafter. Decision No one was present to testify and based on the testimony given by the City, Ms. Ellis ordered the recommendation of the City for a 15 -day compliance date of May 1, 2014, and $50 fine per day. Case No. 13 -1874 Sheila Aldrich Property Address: 409 SW 5 th Avenue Violation(s): 10 -2 B.B. C. of Ord. CO CH14 SEC 14 -3 Please remove or trim Florida Holly Remove oversized vehicle. Officer Hart presented the case as in the Notice of Violation. The case arose from a routine inspection and the initial inspection date was on August 23, 2013. The Respondent is not a repeat violator. Written notice was sent via regular mail on August 23, 2014, giving 10 days to correct the violations. Certified mail was sent March 12, 2014. The green card was signed March 15, 2014. Officer Hart spoke to the Respondent who indicated she would address the matter today. Staff recommended 10 days be given to correct the violations by April 26, 2014, or a fine of $50 a day be imposed thereafter. Decision No one was present to testify and based on the testimony given by the City, Ms. Ellis ordered the recommendation of the City for a 10 -day compliance date of April 26, 2014, and $50 fine per day. Case No. 14 -19 Boynton JCP Associates LLC Players Arcade Property Address: CO CH13 SEC 13 -16 12 Meeting Minutes Code Compliance Hearings Boynton Beach, FL April 16, 2014 Violation(s): Operating a business within City Limits without a Business Tax Receipt. Officer Hart presented the case for the above captioned violation. The case arose from a citizen complaint and the initial inspection date was January 8, 2014. Written notice was sent via regular mail on January 8, 2014, giving 10 days to correct the violation. The Respondent is not a repeat violator. Certified mail was sent on March 3, 2014, and the green card was signed on March 11, 2014. The property was last inspected on April 15, 2014. Staff recommended 30 days be given to cure the violations or a fine of $100 a day be imposed thereafter. The property would either be sold or vacated. Decision No one was present to testify and based on the testimony given by the City, Ms. Ellis ordered the recommendation of the City for a 30 -day compliance date of May 16, 2014, and $100 fine per day. Case No. 14 -116 I1-12 Property Florida LP Property Address: 40 E. Tara Lakes Drive Violation(s): BBA FBC 2010 ED 105.1 Permits required for all changes made to property. Red tagged. Officer Hart presented the case for the above captioned violations. The case was a City department referral and the initial inspection date was February 10, 2014. The Respondent is not a repeat violator. Written notice was sent via regular mail on February 10, 2014, giving 10 days to correct the violation. Certified mail was sent on February 24, 2014. The green card was signed on March 3, 2014. The property was last inspected on April 15, 2014. Staff recommended 10 days to cure the violation or a fine of $50 a day be imposed thereafter. Decision No one was present to testify and based on the testimony given by the City, Ms. Ellis ordered the recommendation of the City for a 10 -day compliance date of April 26, 2014, and $50 fine per day. Case No. 14 -245 I1-12 Property Florida LP Property Address: 1077 SW 25 Way Violation(s): CO CH13 SEC 13 -16 CO CH10 SEC 10 -56 (D) Apply for and pass inspection for Business Tax Receipt for rental property. Install four -inch numbers on building to be visible from the street. 13 Meeting Minutes Code Compliance Hearings Boynton Beach, FL April 16, 2014 Officer Hart presented the case for the above captioned violations. The case arose from a routine inspection and the initial inspection date was February 11, 2014. The Respondent is not a repeat violator. Written notice was sent via regular mail on February 11, 2014, giving 10 days to cure the violations. Certified mail was sent on March 3, 2014. The green card was signed on March 11, 2014. The property was last inspected on April 15, 2014. Staff recommended 10 days be given to correct the violations and a fine of $50 a day be imposed thereafter. Decision No one was present to testify and based on the testimony given by the City, Ms. Ellis ordered the recommendation of the City for a 7 -day compliance date of April 23, 2014, due to the numbers needing to be on the home and $50 fine per day. Case No. 14 -265 C C Consulting & Sales Inc. Property Address: 1083 SDW 24 Avenue Violation(s): CO CH10 SEC 10 -56(D) CO CH10 SEC 10 -58(E) Repair hole in exterior wall in carport. Obtain proper permits and replace hot water heater. Officer Hart presented the case for the above captioned violations. The case arose from a routine inspection on February 12, 2014. Written notice was sent via regular mail on February 12, 2014, giving 10 days to comply. Certified mail was sent on March 3, 2014. The green card was signed on March 6, 2014. The property was last inspected on April 15, 2014. Staff recommended 10 days be given to correct the violations by April 26, 2014, or a fine of $100 a day be imposed thereafter. Decision No one was present to testify and based on the testimony given by the City, Ms. Ellis ordered the recommendation of the City for a 10 -day compliance date of April 26, 2014, and $100 fine per day. Case No. 1 -266 US Bank National Association Property Address: 1083 SW 25 Place Violation(s): CO CH10 SEC 10 -56 (A) CO CHI SEC 15- 120(D) INC Vacant structures must be secure. Remove outside stored material from side of home. Repair rotted soffit and fascia, ceiling in carport that is missing, and install four -inch house numbers on home. 14 Meeting Minutes Code Compliance Hearings Boynton Beach, FL April 16, 2014 Officer Hart presented the case for the above captioned violations. The case arose from a routine inspection on February 12, 2014. The Respondent is not a repeat violator. Written notice was sent on February 12, 2014, giving 30 days to comply. Certified mail was sent on March 25, 2014, and the green card was signed on March 31, 2014. Staff recommended 10 days be given to correct the violations by April 26, 2014, or a fine of $100 be imposed thereafter. Decision No one was present to speak on the matter and based on the testimony given by the City, Ms. Ellis ordered the recommendation of the City for a 10 -day compliance date of April 26, 2014, and $100 fine per day. Case No. 14 -314 Claudette Doreus Property Address: 712 SW 3` Avenue Violation(s): CO CH10 SEC 10 -56 (A) CO CH15 SEC 15- 120(D) INC Remove all outside storage from property and items covered with blue tarp. Officer Hart presented the case regarding the above captioned violations. The case arose from a citizen complaint and the initial inspection date was February 19, 2014. Written notice was sent via regular mail on February 19, 2014, giving 10 days to comply. The Respondent is not a repeat violator. Certified mail was sent on March 12, 2014. The green card was signed on March 14, 2014. The property was last inspected on April 15, 2014. Staff recommended 10 days be given to correct the violations by April 26, 2014, and a fine of $50 a day. Decision No one was present to testify and based on the testimony given by the City, Ms. Ellis ordered the recommendation of the City for a 10 -day compliance date of April 26, 2014, and a $50 fine per day. Case No. 1 -349 Nationstar Mortgage LLC Property Address: 719 SW 1 St Court Violation(s): CO CHI 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. Mow, weed and trim overgrown backyard. Clean or drain and cover pool, and secure property. 15 Meeting Minutes Code Compliance Hearings B oynton Beach, FL April 16, 2014 Officer Hart presented the case for the above captioned violation. The case arose from a routine inspection on February 24, 2014. Written notice was sent via regular mail on February 24, 2014, giving 10 days to comply. Notice was posted at City Hall on April 4, 2014. The Respondent is not a repeat violator. The property was secured and the overgrowth was mowed. The property was last inspected on April 15, 2014. Staff recommended 30 day be given to comply or a fine of $100 a day be imposed thereafter. Decision No one was present to testify and based on the testimony given by the City, Ms. Ellis ordered the recommendation of the City for a 30 -day compliance date of May 16, 2014, and $100 fine per day.. Case No. 1 -350 I2 Property Florida LP Property Address: 706 SE 4 Avenue Violation(s): CO CH13 SEC 13 -16 Apply for and pass inspection for Business Tax Receipt for rental property. Officer Hart presented the case for the above captioned violation. The case arose from a routine inspection and the initial inspection date was February 24, 2014, and written notice was sent via regular mail the same day. The Respondent was not a repeat violator. Certified mail was sent on March 12, 2014. The green card was signed on March 17, 2014, and the property was last inspected on April 15, 2014. Staff recommended 10 days be given to correct the violation and a fine of $50 a day thereafter. Decision No one was present to testify and based on the testimony given by the City, Ms. Ellis ordered the recommendation of the City for a 10 -day compliance date of April 26, 2014, and $50 fine per day. Case No. 1 -351 Landis Wright Property Address: 736 SW 1 St Court Violation(s): CO CH 10 SEC 10 -56 (E) Paint exterior and replace rotted wood on front of property. Officer Hart presented the case for the above captioned violation. The case arose from a routine inspection and the initial inspection date was February 26, 2014. Written notice was sent on February 26, 2014, giving 10 days to cure the violations. Notice was posted at City Hall on April 4, 2014, and the property was last inspected on April 15, 16 Meeting Minutes Code Compliance Hearings Boynton Beach, FL April 16, 2014 2014. Staff recommended 10 days be given to correct the violation and a fine of $50 a day thereafter. Decision No one was present to testify and based on the testimony given by the City, Ms. Ellis ordered the recommendation of the City for a 10 -day compliance date of April 26, 2014, and $50 fine per day Case No. 13 -2757 Johnny L and Linda A Waters Property Address: 1635 NE 3 rd Street Violation(s): CO CH15 SEC 15 -120 (D) INC CO CH10 SEC 10 -52 Remove inoperable vehicles, jet ski, appliances, trash and debris from the property and right -of -way. Officer Lewis presented the case for the above captioned violations. The case arose from a routine inspection and the initial inspection date was February 26, 2014. Written notice was sent on February 26, 2014, giving 15 days to correct the violations. The Respondent is a repeat violator. Certified mail was sent on March 6, 2014. Photographs were available and the property was last inspected on April 15, 2014. Staff recommended 10 days be given to correct the violations or a fine of $100 a day thereafter. Decision No one was present to testify and based on the testimony given by the City, Ms. Ellis approved the recommendation of the City for a 10 -day compliance date of April 26, 2014, and $100 fine per day. Case No. 1 -7 Mark G & Iris H. Mordaunt Property Address: 631 Las Palmas Parkway Violation(s): CO CH 10 SEC 10 -56 (D) Secure building from entry. Officer Lewis presented the case for the above captioned violations. The case was a referral from the Police Department and the initial inspection date was January 6, 2014. The Respondent is not a repeat violator. Written notice was sent giving 10 days to correct the violations. The property was posted on March 18, 2014. There were no health or safety hazards. Staff recommended 10 days be given to correct the violation by April 26, 2014. 17 Meeting Minutes Code Compliance Hearings Boynton Beach, FL April 16, 2014 Decision No one was present to testify and based on the testimony given by the City, Ms. Ellis ordered the recommendation of the City for a 10 -day compliance date of April 26, 2014, and $50 fine per day. Case No. 14 -59 Southern Engineering Property Address: 2301 NE 3 rd Street Violation(s): CO CH 13 SEC 13 -16 COCH15 SEC 15 -120 (D) INC Clean up yard and remove outdoor stored materials, trash and debris. Repair chain link fence. Apply for and pass inspection for Business Tax Receipt for rental property. Officer Lewis presented the case for the above captioned violations. The Respondent was a repeat violator. Written notice was sent giving 15 days to correct the violations. The certified mail green card was signed on March 10, 2014, and the property was last inspected in April 15, 2014. Staff recommended 15 days to correct the violations or a fine of $100 a day thereafter. Decision No one was present to testify and based on the testimony given by the City, Ms. Ellis ordered the recommendation of the City for a 15 -day compliance date of May 1, 2014, and $100 fine per day. Case No. 14 -94 Haim Realty Group, LLC Property Address: 1580 NW 2nd Lane Violation(s): CO CH13 SEC 13 -16 CO CH10 SEC 10 -52 Apply for and pass inspection for Business Tax Receipt for rental property. Remove inoperable vehicles and outdoor storage. Officer Lewis presented the case for the above captioned violations. The case arose from a routine inspection on January 23, 2014. The Respondent is not a repeat violator. Written notice was sent giving 15 days to cure the violation. The certified mail green card was signed on March 25, 2014. Staff recommended 30 days be given to correct the violations, by May 16, 2014, and a fine of $50 a day thereafter. The owner contacted Officer Lewis and was trying to evict the tenant who was causing the problem. 18 Meeting Minutes Code Compliance Hearings Boynton Beach, FL April 16, 2014 Decision No one was present to testify and based on the testimony given by the City, Ms. Ellis ordered the recommendation of the City for a 30-day compliance date of May 16, 2014, and $50 fine per day Case No. 14-230 SRP SUB LLC Property Address: 205 SW 10 Avenue Violation(s): CO CH13 SEC 13-16 Apply for and pass inspection for Business Tax Receipt for rental property. Officer Lewis presented the case for the above captioned violation. The case arose from a routine inspection. The initial inspection date was February 10, 2014. Written notice was sent giving 15 days to comply. Service was obtained via certified mail. The green card was signed on March 19, 2014. The Respondents submitted an application for the Business Tax Receipt. Staff recommended 10 days be given to comply by April 26, 2014, or a fine of $100 be imposed thereafter. Decision No one was present to testify and based on the testimony given by the City, Ms. Ellis ordered the recommendation of the City for a 10-day compliance date of April 26, 2014, and $100 fine per day. Case No. 14-335 Sun Lovers Homes South Florida, Inc. Property Address: 350 NE 27 Avenue Violation(s): CO CH13 SEC 13-16 Apply for and pass inspection for Business Tax Receipt for rental property. Officer Lewis presented the case for the above captioned violation. The case arose from a routine inspection and the initial inspection date was February 21, 2014. Written notice was sent giving 15 days. Service was obtained by posting the property on April 4, 2014. The property was last inspected on April 15, 2014, and the violation still exists. The Respondent is not a repeat violator. Staff recommended 15 days be given to correct the violation or a fine of $100 be imposed thereafter, 19 Meeting Minutes Code Compliance Hearings Boynton Beach, FL April 16, 2014 Decision No one was present to testify and based on the testimony given by the City, Ms. Ellis ordered the recommendation of the City for a 15-day compliance date of May 1, 2014, and a $100 fine per day. Ms. Ellis recessed the meeting for a short break at 10:36 a.m, and reconvened the meeting at 10:41 a.m. Case No. 14-5 A Fresh Start LLC Property Address: 2830 SW 5th Street Violation(s): CO CH13 SEC 13-16 Apply for and pass inspection for Business Tax Receipt for rental property. Officer Pierre presented the case for the above captioned violation. The case arose from a routine inspection and the initial inspection date was January 2, 2014. The property was last inspected on April 15, 2014. Staff recommended 10 days be given to correct the violation. Decision No one was present to testify and based on the testimony given by the City, Ms. Ellis ordered the recommendation of the City for a 10-day compliance date of April 26, 2014, and $50 fine per day thereafter. Case No. 14-182 11-12 Property Florida LP Property Address: 2709 SW 5 Street Violation(s): CO CH13 SEC 13-16 Apply for and pass inspection for Business Tax Receipt for rental property. Officer Pierre presented the case for the above captioned violation. The case arose from a routine inspection and the initial inspection date was January 30, 2014. The property was last inspected on April 15, 2014. Staff recommended 10 days be given to correct the violation and fine of $50 a day thereafter. Decision No one was present to testify and based on the testimony given by the City, Ms. Ellis ordered the recommendation of the City for a 10 -day compliance date of April 26, 2014, and $50 fine per day. 20 Meeting Minutes Code Compliance Hearings Boynton Beach, FL April 16, 2014 Case No. 14 -184 I2 Property Florida LP Property Address: 2640 SW 8 th Street Violation(s): CO CH 13 SEC 13 -16 Apply for and pass inspection for Business Tax Receipt for rental property. Officer Pierre presented the case for the above captioned violation. Staff recommended 10 days be given to correct the violation and a fine of $50 a day thereafter. Decision No one was present to testify and based on the testimony given by the City, Ms. Ellis ordered the recommendation of the City for a 10 -day compliance date of April 26, 2014, and $50 fine per day. Case No. 14 -185 Ruth S. Green Property Address: 2822 SW5th Street Violation(s): CO CH10 SEC 10 -56 (B) Repair or replace your driveway. Officer Pierre presented the case for the above captioned violation. Staff recommended 30 days be given to correct the violation and a fine of $50 thereafter. Decision No one was present to testify and based on the testimony given by the City, Ms. Ellis ordered the recommendation of the City for a 30 -day compliance date of May 16, 2014, and $50 fine per day. Case No. 14 -253 SP SUB LLC Property Address: 146 SE 27 Way Violation(s): CO CH13 SEC 13 -16 Apply for and pass inspection for Business Tax Receipt for rental property. Officer Pierre presented the case for the above captioned violation. Staff recommended 10 days be given to correct the violation and a fine of $50 a day thereafter. Decision No one was present to testify and based on the testimony given by the City, Ms. Ellis ordered the recommendation of the City for a 10 -day compliance date of April 26, 2014, and $50 fine per day. 21 Meeting Minutes Code Compliance Hearings Boynton Beach, FL April 16, 2014 Case No. 1 -309 Citimortape Inc. Property Address: 2701 SW 7 Street Violation(s): CO CH10 SEC 10 -51.5 INC. Property that is vacant and subject to a current notice of default must be maintained per City Code. Remove trash and debris, repair roof and driveway. Officer Pierre presented the case for the above captioned violation. Staff recommended 15 days be given to correct the violation and a fine of $100. Olen Mclean, representing the Bank, was recently retained and just became aware of the matter. She had a notice of appearance from the Bank and was administered an oath. The matter was a transfer and was being reopened for foreclosure. The title was not issued. The Ordinance the case was cited under holds the Bank responsible for the property if the property is in default or vacant once the lis pendens is issued. CitiMortgage was a beneficial owner. Ms. Ellis noted the violation pertained to trash and debris and repairs to the roof and driveway. Ms. Mclean commented the preservation team would address the issues. Decision Ms. Ellis ordered a 30 -day compliance date of May 16, 2014, and if the violation is not corrected, there would be a $100 a day fine. Case No. 13 -2478 5 PROP LLC Property Address: CO CH15 SEC 15- 120(D) INC Violation(s): CO CH10 SEC 10 -56 (A), (B), (D),& (H) Repair roof, fence, windows rotted wood and door. Remove or trim Florida Holly in back of property. Exterminate bees. Pete Roy, Chief Code and Rehabilitation Officer, presented the case for the above captioned violations. The Respondent is not a repeat violator. The initial inspection date was October 23, 2013, and written notice was sent on November 8, 2013, giving 30 days to cure the violations. Certified mail was sent on March 25, 2014, and the green card was signed on March 27, 2014. The Florida Holly and bees were removed and the Respondent was still working on the violations. The property was last inspected on April 15, 2014. Staff recommended 30 days be given to correct the violations, by May 16, 2014, and a fine of $100 day thereafter.. 22 Meeting Minutes Code Compliance Hearings B oynton Beach, FL April 16, 201 Decision No one was present to testify and based on the testimony given by the City, Ms. Ellis ordered the recommendation of the City for a 30 -day compliance date of May 16, 2014, and $100 fine per day. Case No. 1 -195 Marwan & Suhair Gall Property Address: 1005 N. Seacrest Boulevard Violation(s): LDR CH4 ART IV SEC 3 INC LDR CH4 ART IV SEC 2 Remove all unpermitted signs from building. Officer Shickles presented the case for the above captioned violation. The case was a City department referral, and the initial inspection date was February 3, 2014. Staff recommended 15 days be given to correct the violations by May 1, 2014, and a fine of $50 a day thereafter. Decision No one was present to testify and based on the testimony given by the City, Ms. Ellis ordered the recommendation of the City for a 15 -day compliance date of May 1, 2014, and $50 fine per day. Case No. 1 -220 Joyce A. & Jesse L. Potts Sr. Property Address: 343 NE 13 Avenue Violation(s): CO CH 13 SEC 13 -16 Apply for and pass inspection for the Business Tax Receipt for rental. Officer Shickles presented the case for the above captioned violation. The case was a City department referral, and the initial inspection date was February 6, 2014. The Respondents are not repeat violators. Staff recommended 10 days be given to correct the violation, by April 26, 2014, or a fine of $50 a day be imposed thereafter. Decision No one was present to testify and based on the testimony given by the City, Ms. Ellis ordered the recommendation of the City for a 10 -day compliance date of April 26, 2014, and $50 fine per day. Case No. 14 -232 Florida Investment Trade — Andy's Pre -owned Cars Property Address: 555 N. Railroad Avenue Violation(s): CO CH13 SEC 13 -16 23 Meeting Minutes Code Compliance Hearings Boynton Beach, FL April 16, 2014 Operating a business without a Business Tax Receipt. Officer Shickles presented the case for the above captioned violation. The case arose from a routine inspection, and the initial inspection date was February 10, 2014. Staff recommended 10 days be given to correct the violation, by April 26, 2014, and a fine of $150 a day thereafter. Decision No one was present to testify and based on the testimony given by the City, Ms. Ellis ordered the recommendation of the City for a 10 -day compliance date of April 26, 2014, and $150 fine per day. Case No. 14 -317 Trust No. 2900 — Dragon Extreme Property Address: 2900 NW Commerce Park Drive A -5 Bays 5, 6 and 7 Violation(s): CHP 13 ART 1 Sec 13 -16 Operating a business without a Business Tax Receipt. Officer Shickles presented the case for the above captioned violation. The case arose from a routine inspection. The initial inspection date was February 20, 2014. Staff recommended 10 days be given to correct the violation, by April 26, 2014, and a fine of $150 a day thereafter. Decision No one was present to testify and based on the testimony given by the City, Ms. Ellis ordered the recommendation of the City for a 10 -day compliance date of April 26, 2014, and $150 fine per day. Case No. 14 -329 Barbara Josey Property Address: 221 NW 3 rd Court Violation(s): CO CH15 SEC 15- 120(D) INC. Repair or remove inoperable/ unregistered vehicle from the property. Officer Shickles presented the case for the above captioned violation. The case arose from a routine inspection, and the initial inspection date was February 21, 2014. Staff recommended 10 days be given to correct the violation, by April 26, 2014, and a fine of $50 a day thereafter. 24 Meeting Minutes Code Compliance Hearings Boynton Beach, FL April 16, 2014 Decision No one was present to testify and based on the testimony given by the City, Ms. Ellis ordered the recommendation of the City for a 10 -day compliance date of April 26, 2014, and $50 fine per day. Case No. 14 -361 PH Boynton Beach LLC Property Address: 400 N. Federal Highway Violation(s): BBA FBC 2010 ED 105.1 Obtain permit for installation of landscape lighting and outside wall lights. Red tagged. Officer Shickles presented the case for the above captioned violation. The case arose from a department referral, and the initial inspection date was February 25, 2014. The Respondent is a repeat violator. Written notice was sent giving 10 days to correct the violation. Proof of service was via a signed green card dated March 25, 2014. A Stop Work Order was posted by the Building Department. The lighting job was a $20K job. Staff recommended 10 days be given to correct the violation, by April 26, 2014, and a fine of $150 a day thereafter. Decision No one was present to testify and based on the testimony given by the City, Ms. Ellis ordered the recommendation of the City for a 10 -day compliance date of April 26, 2014, and $150 fine per day. Officer Lewis recommended certifying the following cases as "No Fine" as they complied. Case No. 13 -2272 Andrews Sixth Generation Investment 627 NE 6 th Avenue Case No. 13 -2780 Barbara Nohrenberg 144 NW 10 Court Case No. 14 -35 Johnnie L. Patillo TR Title Holder 746 NW 1 St Avenue Case No. 14 -41 Forum Shoppes of Boynton LLC 140 N Congress Avenue Case No. 13 -2368 Maurice L. Beachem 2320 NE 4 th Court Case No. 13 -2427 Christian J. Servil 210 NW 28 Avenue Case No. 13 -2754 Naromie Julien 1627 NE 4 th Court Case No. 13 -2813 Guy Estella 111 NE 16 Avenue Case No. 13 -2735 Kathleen Ogonowski Et Al 522 SE 20 Court Case No. 14 -80 Fern & Keslene Neossaint 2901 SE 2 nd Street Case No. 13 -2708 Kevin Martinson 1016 SW 28 Avenue Case No. 13 -2776 James & Patricia Arden 2025 SW 24 Circle Decision 25 Meeting Minutes Code Compliance Hearings Boynton Beach, FL April 16, 2014 Ms. Ellis ordered the recommendation of the City. Officer Lewis recommended the following cases be tabled to May 21, 2014. Case No. 13 -2354 SFRH Staff recommended. Rental LP 302 DE 5 th Avenue Case No. 13 -1937 Kilpatrick Building Inc. — Tom Willhite 7700 High Ridge Road B Horizon Distributors Case No. 13 -2474 M &T Bank 1473 SW 27 Avenue D Case No. 13 -1726 Jessie M. & Thelmar Patterson 518 NW 12 Avenue Case No. 13 -1727 Jessie M. & Thelmar Patterson 522 NW 11 Avenue Case No. 13 -1728 Jessie & Thelmar Patterson 532 NW 11 Avenue Officer Lewis recommended the following case be tabled for 60 days, to June 18, 2014. Case No. 13 -2095 Claudio Camilucci & Ann Koplas 720 E. Ocean Avenue 401 Officer Lewis 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 ": Case No. Name Address Amount per day 13 -1178 Sandra Dodge 227 SW 7 th Avenue $50 13 -2624 SRP SUB LLC 457 SW 3 rd Avenue $50 13 -2798 Isalene & Extile A. St. Jacques 142 SW 11 Avenue $100 13 -2802 Adal Win LLC 214 SW 10 Avenue $150 14 -28 JP Morgan Chase Bank 61 Eastgate Drive H $25 13 -2446 Jennifer Bates 903 SW 27 Terrace $50 14 -16 SRP SUB LLC 190 SE 27 Place $100 14 -78 Corn & K Neessaont 3010 SE 2 nd Street $50 Roody Silverain $100 13 -2623 PRH Boynton Beach LLC 324 N. Federal Highway $100 Decision Ms. Ellis ordered the Fine Certifications as stated by the City. 26 Meeting Minutes Code Compliance Hearings Boynton Beach, Fl- April 16, 2014 Officer Lewis explained the following case needed to be certified and was a nuisance abatement requiring the property be boarded and secured. Case No. 13-2812 Douglas M. Feeley 131 NE 24 Avenue $50 a day Decision Ms. Ellis ordered the recommendation of the City to certify the fine and the nuisance abatement for Case No. 13-2812. There being no further business, Ms. Ellis adjourned the meeting at 11:10 a.m. Catherine Cherry Minutes Specialist 042114 27