Minutes 08-20-14 MINUTES OF THE CODE COMPLIANCE /LIEN REDUCTION HEARINGS
HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD.
BOYNTON BEACH, FLORIDA ON WEDNESDAY, AUGUST 20, 2014, AT 9.00 A.M.
PRESENT:
Carol Dutra Ellis, Special Magistrate
Diane Springer, Code Compliance Coordinator
Shana Bridgeman, Assistant City Attorney
1. Call to Order
Ms. Ellis, Special Magistrate, called the meeting to order at 9:00 a.m. Ms. Ellis
explained her role in the hearings and the hearing procedures. Pursuant to Florida
Statute, all Orders are appealable to the Circuit Court in Florida and not the City
Commission.
II. Approval of June 1, 2014 Minutes
There was one change to the minutes as follows:
Page 28, Case No. 13 -147, the address should be: 137 NE 11 Avenue.
Ms. Ellis approved the minutes with the correction.
Approval of Agenda
Pete Roy, Senior Code Compliance Officer, announced the following changes to the
agenda:
Case Nos: 14-156, 14 -1044, and 14 -1586 were removed.
Case Nos: 14 -1500, 14 -1523, 14 -1119, 14 -1371, 14 -1266, 14 -1092, 14 -1565 were in
compliance.
Page 87A, Case No. 14 -1003 was added to the agenda as a fine certification.
Ms. Springer called the roll and determined who was present.
IV. Swearing in of Witnesses and Introduction
The Minutes Specialist administered an oath to all those intending to testify.
Meeting Minutes
Code Compliance /Lien Reduction Hearings
Boynton Beach, Florida August 20, 2014
V. New Business
Case No. 14 -1289 J S Ende Family LP — Unity Strut
Assembly
Property Address: 6600 High Ridge Road
Violation(s): CO CH13 SEC 13 -16
Unity Strut Assembly operating business
without a Business Tax Receipt.
Officer Guillaume presented the case for the above captioned violation which was a City
Department referral. The initial inspection date was June 3, 2014. Contact was made
on July 2, 2014. Written notice was made giving 15 days to correct the violation. The
green card was signed July 17, 2014. The Respondent was present.
Christian Rammer, Comptroller for J S Ende Family LP and Unity Automotive,
which operates in the building, explained they purchased the building in September of
last year. He was unaware they needed the Business Tax Receipt. The Fire Marshall
had advised him to apply and have a building and fire inspection. He located the original
pp Y g p
firm who designed the sprinkler system and submitted the application on June 23, 2014.
The application was returned with comments, and he resubmitted the application two
days ago.
Decision
Given the Respondent was taking steps to comply; Ms. Ellis gave 15 days for the actual
license. Mr. Rammer requested 30 days. Ms. Ellis gave a 30 -day compliance date of
September 19, 2014, or a $100 a day fine would be imposed thereafter.
Case No. 14 -644 Ellington & Shirlene Beckles Est,
Property Address: 300 NW 16 Court
Violation(s): CO CH13 SEC 13 -16
CO CH15 SEC 15- 120(D) INC
Apply for and pass inspection for
Business Tax Receipt for rental
property. Mow and trim overgrowth.
Remove trash and debris.
Officer Weixler presented the case for the above captioned violations. The case arose
from a routine inspection. The initial inspection date was March 24, 2014. The
Respondent is a repeat violator and 15 days was given to correct the violations.
Service was obtained by posting and the individual signed for service on August 13,
2014. The Respondent just applied for the Business Tax Receipt. The property was
last inspected August 19, 2014. Staff recommended 30 days be given to correct the
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Boynton Beach, Florida August 20, 2014
violations and a fine of $100 a day. Only the Business Tax Receipt was outstanding
and application was made.
Emerson Beckles, acting owner for his deceased father, explained he applied for
the Business Tax Receipt on August 20, 2014. The tenant was at the premises for
about a week.
Decision
Since application was made and the two other violations were remedied, Ms. Ellis
ordered a 30 -day compliance date, and if not resolved in 30 days, a fine of $100 a day
would be imposed thereafter.
Case No. 14 -727 Ellington Beckles Est.
Property Address: 310 NW 16 Court
Violation(s): BBA FBC 2010 ED 105.1
CO CH14 SEC 15- 120(D) INC
Remove unpermitted structure at rear of
the home or get a permit. Remove
inoperable vehicles from property.
Remove trash and debris. Trim and
mow overgrowth on property and front
Swale area.
Officer Weixler presented the case for the above captioned violations which arose from
a routine inspection. The initial inspection date was March 31, 2014. Written notice was
sent on March 31, 2014 giving 15 days to correct the violations. The property was
posted on August 11, 2014. At the May 21 hearing, the case was tabled to June 20
to allow an extension. The property was inspected on July 22, 2014, and the violations
still existed. The last inspection was on August 19, 2014. Staff recommended 30 days
be given to correct the violations and a fine of $100. He spoke with the Respondent who
was trying to comply.
Emerson Beckles explained he was removing the debris. The vehicles were operable.
One vehicle belonged to his father, and the other two belong to his sister who was up
north helping family. He uses the vehicles and they run. He spoke to his sister about
the issue with the cars. The shed has been on the property before he was born. He
took photos and would speak with Andrew Mack at the Building Department.
Decision
Based on the testimony of the City and the comments by the Respondent, Ms. Ellis
ordered a 30 -day compliance date of September 19, 2014, and a $100 a day fine
thereafter.
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Boynton Beach, Florida August 20, 2014
Mr. Beckles commented the shed would take longer than 30 days and he was working
on obtaining a permit. Ms. Ellis explained she could give an extension if needed.
Case No. 14 -902 New York Community Bank
Property Address: 2628 NE 3 rd Street
Violation(s): CO CH1- SEC 10 -51.5 INC.
Property that is vacant or subject to a
current notice of default must be
maintained in accordance with City
Code and be registered. Register
inoperable vehicles. Remove trash and
debris, mow and trim overgrowth,
remove unsanitary conditions in home
interior and remove infestations.
Restore electrical outlets to a safe
condition, repair /replace wood siding.
Officer Weixler presented the case for the above captioned violation which arose from a
routine inspection. The initial inspection date was April 17, 2014. Written notice was
sent on April 17, 2014, giving 10 days to correct the violations. Service was obtained by
certified mail on July 9, 2014, and the green card was signed on July 14, 2014. Officer
Weixler gave an extension to accommodate evicting the tenants. The Respondent was
in the process of pulling a permit. Some work was done, but permits were not pulled for
the work done on the exterior of the home. The property was last inspected on August
19, 2014. He recommended 15 days be given to correct the violation by September 4,
2014, and a $100 fine. The infestations were removed. He had also witnessed
exposed wires and shoddy electrical work. An electrical contractor was needed along
with a permit for the work. The vehicles were removed and the property was vacant.
Two representatives from New York Community Bank and its Preservation Team,
working on the foreclosed property explained the Bank obtained the Certificate of Title
in December, 2013, and they just obtained possession from the tenant in May. The
bank has made efforts to bring the property into compliance. She requested 60 days.
The repairs must go through the Bank and they obtained a Boynton Beach contractor
who will pull a permit.
Decision
Given the City's testimony and the testimony by the Respondent, Ms. Ellis ordered 45
days for compliance. The fine will be $150 a day starting on October 4, 2014.
Case No. 14 -1212 Luis Bayon & Milagros Medina
Property Address: 3129 E. Palm Drive
Violation(s): CO CH10 SEC 10 -52
CO CH15 SEC 15- 120(D) INC.
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Boynton Beach, Florida August 20, 2014
Remove blue tarp and cinder blocks
from roof. Remove outside storage,
trash and debris, inoperable vehicles,
large stones from Swale area.
Officer Weixler presented the case for the above captioned violations which arose from
a routine inspection. The initial inspection date was May 19, 2014. Written notice was
sent by regular mail on May 19, 2014, giving 10 days to correct the violations. Certified
mail on July 10, 2014 and the green card was signed July 14, 2014. The property was
last inspected on August 19, 2014. He recommended a 30 day compliance date of
September 19, 2014, and a fine of $50 a day. The only outstanding violation was the
roof.
Luis Bayon, property owner, explained he corrected all he could, but still had work on
the roof remaining. He requested 30 days.
Decision
Ms. Ellis ordered a 30 -day compliance date of September 19, 2014, with a $50 a day
fine thereafter.
Case No. 14 -1475 16 Prop LLC
Property Address: 2401 NW 2 nd Street
Violation(s): CO CH13 SEC 13 -16
Apply for and pass inspection for
Business Tax Receipt for rental
property.
Officer Weixler presented the case for the above captioned violations. The case arose
from a routine inspection. Written notice was sent by regular mail on June 17, 2014,
giving 10 days to correct the violations. Certified mail was sent on July 9, 2014, and the
green card was signed on July 14, 2014. They applied for the permit for the water
heater. Once that was obtained, the property would pass inspection for the Business
Tax Receipt. He recommended 15 days be given to correct the violation and a $100 a
day fine.
Newmon Mathal, authorized agent for the Corporation, explained the contractor
applied for the permit, and they addressed the smoke detectors. As soon as they get
the permit, they will call for the inspection.
Decision
Ms. Ellis approved the recommendation of the City for a 15 -day compliance date with a
$100 a day fine if not complied.
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Code Compliance /Lien Reduction Hearings
Boynton Beach, Florida August 20, 2014
Case No. 11 -295 Nizer Uri & Susan Uri 103 E Boynton Beach Blvd
Diane Springer, Code Compliance Coordinator, explained the Notice of Violation
was sent on February 4, 2014, regarding non - payment of an annual fire inspection fee.
The case was heard on March 16, 2011, and no one appeared. The compliance date
and fine set by the Board was March 26, 2011, and a fine of $250 a day thereafter. The
case complied on August 3, 2011, accruing a total fine of $32,250 and administrative
fees of $346.03.
Ms. Springer was contacted in early August by Ms. Uri, who learned of the lien. She
was provided with a list of items to be addressed. The property was reinspected
yesterday, and she was eligible for lien reduction.
Suzanna Uri, property owner, was out of the country and had a tenant who went
bankrupt and left. She was unaware of the violations until the Bank brought it to her
attention. Shee would have addressed it sooner had she known. She lives in Tampa,
and updated her address with the Property Appraiser's office so she will be able to be
contacted if there are issues.
Decision
Given the testimony by the City and the Respondent and given the fact she complied
with the issues, the City mentioned and that she is eligible for the lien reduction per the
City's testimony, the lien of $32,250 was reduced to $5,000 plus administrative costs of
$346.03.
Case No. 14 -1542 Fetlar LLC
Property Address: 457 SW 3 rd Avenue
Violation(s): CO CH13 SEC 13 -16
Apply for and pass inspection for
Business Tax Receipt for rental
property.
Officer Roy presented the case for the above captioned violation which arose from a
routine inspection. The initial inspection date was June 30, 2014. Written notice was
sent giving 30 days to correct the violations. The certified mail green card was signed
but not dated. The property was last inspected on August 19, 2014. Staff recommended
five days be given to correct the violation and a fine of $500 a day.
Lela Boggs, representing Fetlar, was present. She commented she would ensure the
Business Tax Receipt would be addressed.
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Boynton Beach, Florida August 20, 2014
Decision
Ms. Ellis ordered the August 25, 2014 compliance date, with a $500 a day fine if not
complied by that date.
Case No. 14 -1543 Fetlar LLC
Property Address: 306 SW 4 Avenue
Violation(s): CO CH 13 SEC 13 -16
Apply for and pass inspection for
Business Tax Receipt for rental
property.
Officer Roy presented the case for the above captioned violation which arose from a
routine inspection. The initial inspection date was June 30, 2014. Written notice was
sent giving 30 days to correct the violation. The certified mail green card was signed
but not dated. The property was last inspected on August 29, 2014. Staff recommended
five days be given to correct the violation or a $500 a day fine.
Ms. Boggs stated they will address the violation by then.
Decision
Ms. Ellis ordered the August 25, 2014, compliance date for the Business Tax Receipt
with a $500 a day fine if not complied with by that date.
Case No. 14 -1544 Fetlar LLC
Property Address: 207 SW 1 St Avenue
Violation(s): CO CH13 SEC 13 -16
Apply for and pass inspection for
Business Tax Receipt for rental property
Officer Roy presented the case for the above captioned violation which arose from a
routine inspection. Written notice was sent giving 30 days to correct the violations. The
certified mail green card was signed but not dated. The property was last inspected on
August 29, 2014. Staff recommended five days be given to correct the violation or a
$500 a day fine.
Ms. Boggs stated they will address the violation by the 25th.
Decision
Ms. Ellis ordered the August 25, 2014 compliance date for the Business Tax Receipt
with a $500 a day fine if not complied with by that date.
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Boynton Beach, Florida August 20, 2014
Case No. 14 -1529 Fetlar LLC
Property Address: 1154 SW 27 Avenue
Violation(s): BBA FBC 2010 ED 105.1
Secure permits for air conditioning
system, washing machine hose bibb
and garage door.
Officer Hart presented the case for the above captioned violation, which was a City
Department referral. The initial inspection date was June 25, 2014. Written notice was
sent on June 25, 2014, via regular mail giving 10 days to correct the violation. Certified
mail was sent on July 9, 2014. The green card was signed on July 14, 2014. The
property was last inspected on August 19, 2014. Staff recommended five days be given
to comply by August 25, 2014, or a $500 a day fine.
Ms. Boggs reported they will address the violation by then.
Decision
Ms. Ellis ordered the August 25, 2014 compliance date, with a $500 a day fine if not
complied with by that date.
Case No. 14 -1530 Fetlar LLC
Property Address: 207 SW 1 st Avenue
Violation(s): BBA FBC 2010 ED 105.1
Permits required for air conditioning
system and garage door.
Officer Hart presented the case for the above captioned violation which was a City
Department referral. The initial inspection date was June 25, 2014. Written notice was
sent regular mail on June 25, 2014, giving five days to correct the violation. Certified
mail was sent on July 9, 2014. The green card was signed on July 14, 2014. The
property was last inspected on August 19, 2014. Staff recommended five days be given
to correct the violation and a $500 a day fine.
Ms. Boggs agreed to address the violations by then.
Decision
Ms. Ellis ordered the August 25, 2014 compliance date, with a $500 a day fine if not
complied with by that date.
Case No. 14 -1531 Fetlar LLC
Property Address: 306 SW 4 Avenue
Violation(s): BBA FBC 2010 ED 105.1
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Boynton Beach, Florida August 20, 2014
Permit required for entry door, wood
fence (pool barrier), new HVAC system
and electric.
Officer Hart presented the case for the above captioned violation which was a City
Department referral. The initial inspection date was June 25, 2014, and written notice
was sent the same day. Certified mail was sent on July 9, 2014, and signed on July 14,
2014. The property was last inspected on August 19, 2014. Staff recommended five
days be given to correct the violation and a $500 a day fine.
Ms. Boggs indicated the violation would be addressed by then.
Decision
Ms. Ellis ordered the August 25, 2014 compliance date, with a $500 a day fine if not
complied with by that date.
Case No. 14 -1424 Fetlar LLC
Property Address: 2084 SW 13 Terrace
Violation(s): Apply for and pass inspection for
Business Tax Receipt for rental
property.
Officer Lewis presented the case for the above captioned violation which arose from a
routine inspection. The initial inspection date was June 12, 2014. Written notice was
sent giving 10 days to correct the violation. Certified mail was sent on August 5, 2014.
There was no contact with the property owner. Staff recommended five days be given
to correct the violation and a fine of $500 a day.
Ms. Boggs explained the mail was going to Connecticut and she was unaware of the
case. She received notification about three cases. She agreed to have the Business
Tax Receipt by August 25, 2014.
Decision
Ms. Ellis ordered the August 25, 2014 compliance date, with a $500 a day fine if not
complied with by that date.
Case No. 14 -1425 Fetlar LLC
Property Address: 1053 Coral Drive
Violation(s): BBA FBC 2010 ED 105.0
CO CH13 SEC 13 -16
Apply for and pass inspection for
Business Tax Receipt for rental
property. Permits required for kitchen
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Boynton Beach, Florida August 20, 2014
and bathroom remodeling and HVAC
replacement and doors as noted in the
red tag.
Officer Lewis presented the case for the above captioned violations which was a City
Department referral. The initial inspection date was June 12, 2014. Written notice was
sent giving 15 days to correct the violation. Certified mail was sent on July 22, 2014.
The City had a case against the prior owner, SSRP Sub, and the name was changed to
Fetlar LLC in the middle of the case. Staff recommended five days be given to correct
the violations and a $500 a day fine.
Ms. Boggs responded they will address it by the compliance date.
Decision
Ms. Ellis ordered the August 25, 2014 compliance date, with a $500 a day fine if not
complied with by that date.
Case No. 14 -1439 Fetlar LLC
Property Address: 102 NW 8 th Street
Violation(s): BBA FBC 2010 ED 105.0
CO CH13 SEC 13 -16
Apply for and pass inspection for
Business Tax Receipt for rental
property. Permits required for fence and
air conditioner as noted in the red tag.
Permit expired.
Officer Lewis presented the case for the above captioned violations which arose from a
City Department referral. The initial inspection date was June 13, 2014. Service was
obtained via certified mail on August 5, 2014. Staff recommended five days be given to
correct the violations and a $500 a day.
Ms. Boggs explained they were in the process of addressing it.
Decision
Ms. Ellis ordered the August 25, 2014 compliance date, with a $500 a day fine if not
complied with by that date.
Case No. 14 -1493 Fetlar LLC
Property Address: 1113 SW 15 Street
Violation(s): CO CH 13 SEC 13 -15
Apply for and pass Business Tax
Receipt inspection for rental property.
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Meeting Minutes
Code Com. pliance /Lien Reduction Hearings
Boynton Beach, Florida August 20, 2014
Officer Lewis presented the case for the above captioned violation which was a City
Department referral. Written notice was sent giving 10 days to correct the violation.
Staff recommended five days be given to correct the violations and a fine of $500 a day.
There were permits needed, and they would not pass inspection for the Business Tax
Receipt until the permits were received.
Ms. Boggs explained she spoke with Ms. Springer and were addressing the issue.
They would be able to comply by August 25
Decision
Ms. Ellis ordered the August 25, 2014 compliance date, with a $500 a day fine if not
complied with by that date.
Case No. 14 -1508 Fetlar LLC
Property Address: 1154 SW 27 Avenue
Violation(s): CO CH13 SEC 13 -15
Apply for and pass Business Tax
Receipt inspection for rental property.
Officer Lewis presented the case for the above captioned violation which arose from a
routine inspection. Written notice was sent giving 10 days to correct the violation.
Certified mail was sent and the green card was signed on August 5, 2014. Staff
recommended five days be given to correct the violation and a fine of $500 a day.
Ms. Boggs advised the matter would be addressed by then.
Decision
Ms. Ellis ordered the August 25, 2014 compliance date, with a $500 a day fine if not
complied with by that date.
Case No. 147 -1427 Fetlar LLC
Property Address: 8052 Stirrup Cay Court
Violation(s): CO CH13 SEC 13 -15
Apply for and pass Business Tax
Receipt inspection for rental property.
Officer Guillaume presented the case for the above captioned violation which arose
from a complaint. The initial inspection date was June 12, 2014. Fifteen days was
given to correct the violation. The green card was signed July 18, 2014. Staff
recommended five days be given to correct the violation and a fine of $500 a day.
Ms. Boggs stated they would take care of the matter by then.
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Boynton Beach, Florida August 20, 2014
Decision
Ms. Ellis ordered the August 25, 2014 compliance date, with a $500 a day fine if not
complied with by that date.
Case No. 14 -1517 Fetlar LLC
Property Address: 197 SE 27 Court
Violation(s): CO CH13 SEC 13 -15
Apply for and pass Business Tax
Receipt inspection for rental property.
Officer Roy presented the case for the above captioned violation which arose from a
routine violation. The initial inspection date was June 24, 2014. Written notice was sent
on June 24, 2014, giving 21 days to correct the violations. Certified mail was sent on
July 23, 2013, and the green card was signed on July 28, 2014. The property was last
inspected on August 18, 2014. Staff recommended five days be given to correct the
violation and a $500 a day fine.
Ms. Boggs commented they would take care of the matter by then.
Decision
Ms. Ellis ordered the August 25, 2014 compliance date, with a $500 a day fine if not
complied with by that date.
Case No. 14 -1490 Home Depot USA Inc.
Property Address: 1500 SW 8 th Street
Violation(s): CO CH2.5 SEC 2.5 -12 +13
Excess false alarm and service fee.
Officer Roy presented the case for the above captioned violation which was a City
Department referral. The initial inspection date was June 22, 2014. Certified mail was
sent on July 8, 2014, giving 15 days to correct the violations. The green card was
signed on July 15, 2014. Staff recommended 10 days be given to correct the violations
and a fine of $50 a day.
Decision
Based on the testimony of the City and seeing no one in the audience to speak on the
matter, Ms. Ellis ordered a 10 -day compliance date of August 30, 2014, with a $50 a
day fine thereafter
Case No. 14 -1377 Norma L. McCarter TR
Property Address: 413 SW 4 th Street
Violation(s): CO CH15 SEC 15- 120(D) INC
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Boynton Beach, Florida August 20, 2014
Mow overgrown front and back yard.
Remove trash and debris. Remove
outside storage from property. Repair
or remove fence.
Officer Roy presented the case for the above captioned violation which arose from a
routine inspection. The initial inspection date was June 9, 2014. Service was provided
via the certified mail green card signed on July 11, 2014. The property was last
inspected on August 19, 2014. Staff recommended 10 days be given to correct the
violations and a fine of $100 a day.
Decision
Based on the testimony of the City and seeing no one in the audience to speak on the
matter, Ms. Ellis ordered a 10 -day compliance date of August 30, 2014, and a $100 a
day fine thereafter.
Case No. 14 -1381 Sheila Aldrich
Property Address: 409 SW 5 th Avenue
Violation(s): CO CH15 SEC 15- 120(D) INC
Mow overgrown back yard. Remove
trash and debris from front side, weed
and define driveway.
Officer Roy presented the case for the above captioned violation. Staff gave 14 days to
correct the violations. The green card was signed on July 14, 2014. Staff recommended
10 days be given to correct the violations and a fine of $50 a day.
Decision
Given the testimony by the City and seeing no one in the audience to speak on the
matter, Ms. Ellis ordered a 10 -day compliance date of August 30, 2014, with a $50 a
day fine thereafter.
Case No. 14 -1414 Marie Islande Louis Juste
Property Address: 238 SW 5 th Avenue
Violation(s): CO CH10 SEC 10 -56 A, B and D
CO CH15 SEC 15 -120 (D) INC
Remove outside storage, trash and
debris. Mow and trim all overgrowth
including hedge on east side of
driveway. Repair gutter, remove
unlicensed /inoperable vehicles from the
property.
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Boynton Beach, Florida August 20, 2014
Officer Roy presented the case for the above captioned violations which arose from a
routine inspection. The Respondent is a repeat violator. Certified mail was sent and
signed but not dated. Staff recommended 10 days be given to correct the violations by
August 30, 2014, and a $200 a day fine.
Decision
Based on the testimony of the City and seeing no one in the audience to speak on the
matter, Ms. Ellis ordered a 10 -day compliance date of August 30, 2014, and a $200 a
day fine thereafter.
Case No. 14 -476 Miguel & Jhoyse Vasquez
Property Address: 75 Paxford Lane
Violation(s): CH 10 SEC 10 -56 (B)
Repair hole on south side wall.
Officer Guillaume presented the case for the above captioned violation which arose
from a citizen complaint. The initial inspection date was June 23, 2014. Staff gave 15
days to correct the violation. Notice was posted at the premises on August 8, 2014.
Staff recommended 10 days to correct the violations by August 30, 2014, or $100 a day.
Decision
Given the testimony by the City and seeing no one in the audience to speak on the
matter, Ms. Ellis ordered a 10 -day compliance date of August 30, 2014, with a $100 a
day fine thereafter.
Case No. 14 -1498 Taylor Bean & Whitaker Mortgage Corp.
Property Address: 334 NE 24 Avenue
Violation(s): CO CH10 SEC 10 -56(C)
Clean and maintain pool in sanitary
condition.
Officer Guillaume presented the case for the above captioned violation which arose
from a citizen complaint. The initial inspection date was June 23, 2014. Notice was sent
certified mail and the green card was signed on July 21, 2014. Staff recommended 10
days be given to correct the violation, by August 30, 2014, or a fine of $500 a day. The
pool was filthy.
Decision
Ms. Ellis ordered a seven -day compliance date, due to the public health issue, and a
fine of $500 a day thereafter.
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Boynton Beach, Florida August 20, 2014
Case No. 14 -115 Claudio A. & Jacqueline Burleigh
Property Address: 429 NW 7 th Street
Violation(s): CO CH15 SEC 15- 120(D) INC
BBA FBC 2010 ED 105.1
CO CH10 SEC 10 -15(D)
Obtain permit for patio and shed. Deck
must be structurally sound, in good
repair or removed. Remove all
materials stored outside and trash and
debris.
Officer Hart presented the case for the above captioned violations which arose from a
routine inspection. The initial inspection date was February 10, 2014. Written notice
was sent the same day. Certified mail was sent on May 9, 2014, and the green card
was signed on May 15, 2014. The Respondents applied for the permits and the
property was cleaned up. The property was last inspected on August 19, 2014. Staff
recommended 30 days be given to correct the violations by September 19, 2014, and a
fine of $100 a day.
Decision
Given the testimony by the City and seeing no one in the audience to speak on the
matter, Ms. Ellis ordered a 30 -day compliance date of September 19, 2014, with a $100
a day fine thereafter.
Case No. 14 -1370 Yachtsman Properties LLC
Transcome Caribbean Market
Property Address: 1550 N. Federal Hgwy.
Violation(s): CO CH13 SEC 13 -16
LDR CH 4 ART 4 SEC 5
Signs cannot cover more than 20% of
windows. Business Tax Receipt needed.
Officer Hart presented the case for the above captioned violations which arose from a
citizen complaint. The initial inspection date was June 9, 2014. Written notice was sent
the same day. Certified mail was sent on July 17, 2014, the green card was signed, but
undated. The Respondent has not had an active Business Tax Receipt since 2010.
The property was last inspected on August 19, 2014. He requested a Cease and Desist
Order. Staff recommended 15 days be given to correct the violations by September 4,
2014, and $100 a day.
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Decision
Given the testimony by the City and the history of the case, Ms. Ellis ordered a seven -
day compliance date of August 27, 2014, with a $200 per occurrence a day fine
thcr after. Ms. Ellis also ordered a Cease and Desist Order for the Business Tax
Receipt.
Case No. 14 -1404 Yachtsman Properties LLC.
Tropical Island Restaurant
Property Address: 1600 N. Federal Highway
Violation(s): CO CH13 SEC 13 -16
Business Tax Receipt needed.
Officer Hart presented the case for the above captioned violation which arose from a
citizen complaint. The initial inspection date was June 11, 2014, and written notice was
sent the same day. Certified mail was sent on July 17, 2014, and the green card was
signed, but not dated. The Respondents applied for, but has not paid for the Business
Tax Receipt. Officer Hart requested a Cease and Desist Order for the Business Tax
Receipt and recommended .10 days be given to correct the violations, by August 30,
2014, and a fine of $100 a day.
Decision
Based on the testimony of the City and seeing no one in the audience to speak on the
matter, Ms. Ellis ordered a 10 -day compliance date of August 30, 2014, and $200 per
occurrence.
Case No. 14 -1569 1531 NW 2 " Street Land Trust
Property Address: 1531 NW 2 Street
Violation(s): CO CH13 SEC 13 -16
CO CH15 SEC 15- 120(D) INC
CO CH10 SEC 10 -56(D)
Mow, trim, and weed overgrowth. Install
four -inch house numbers on building
visible from the street. Business Tax
Receipt needed. Remove trash and
debris and materials stored outside.
Officer Hart presented the case for the above captioned violations which arose from a
citizen complaint. The initial inspection date was June 11, 2014 and written notice was
sent the same day. The Respondent was a repeat violator. Certified mail was sent on
July 17;2014, and the green card was signed on July 21, 2014. The inspection for the
Business Tax Receipt has been scheduled. The property was last inspected August 19,
2014. Staff recommended 10 days be given to correct the violations and a fine of $50 a
day.
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Code Compliance /Lien Reduction Hearings
Boynton Beach, Florida August 20, 2014
Decision
Given the testimony by the City and seeing no one in the audience to speak on the
matter, Ms. Ellis ordered a 10 -day compliance date of August 30, 2014, with a $50 a
day fine thereafter.
Case No. 14 -1578 Anacel LC
Property Address: 1601 NW 3` Street
Violation(s): CO CH 13 SEC 13 -16
CO CH10 SEC 10 -56 (E)
Repair all water damaged drywall and
wood. Business Tax Receipt needed for
rental.
Officer Hart presented the case for the above captioned violations which arose from a
citizen complaint. The initial inspection date was July 2, 2014, and written notice was
sent the same day. Certified mail was sent on July 16, 2014, and the green card was
signed on July 21, 2014. Officer Hart spoke to the landlord and work was ongoing. The
violations should be corrected within 30 days. Staff recommended 30 days be given to
correct the violations by September 19, 2014, and a fine of $100 a day.
Decision
Given the testimony by the City and seeing no one in the audience to speak on the
matter, Ms. Ellis ordered a 30 -day compliance date of September 19, 2014, and a fine
of $100 a day thereafter.
Case No. 14 -1591 1481 Land Trust
Property Address: 1481 NW 1 St Street
Violation(s): CO CH15 SEC 15- 120(D) INC
Remove trash and debris and materials
stored outdoors. Register and maintain
or remove inoperable vehicle.
Officer Hart presented the case for the above captioned violation which was a City
department referral. The initial inspection date was July 2, 2014, and written notice was
sent the same day giving 10 days to correct the violations. Certified mail was sent on
July 16, 2014, and the green card was signed on July 19, 2014. The inoperable
vehicles were removed and the property was last inspected on August 19, 2014. Staff
recommended 10 days be given to correct the violation and a fine of $50 a day.
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Code Compliance /Lien Reduction Hearings
Boynton Beach, Florida August 20, 2014
Decision
Given the testimony by the City and seeing no one in the audience to speak on the
matter, Ms. Ellis ordered a 10 -day compliance date of August 30, 2014, with a $50 a
day fine thereafter.
Case No. 14 -1593 Harvest Residential 1 LLC
Property Address: 326 NE 12 Avenue
Violation(s): CO CH10 SEC 10 -56(B)
Repair or remove broken fence on west
side of property.
Officer Hart presented the case for the above captioned violation which arose from a
routine inspection. The initial inspection date was July 2, 2014 and written notice was
sent the same day giving 10 days to correct the violation. Certified mail was sent on July
17, 2014, and the green card was signed July 21, 2014. The property was last
inspected on August 19, 2014. Staff recommended 10 days be given to correct the
violation and a fine of $50 a day.
Decision
Given the testimony by the City and seeing no one in the audience to speak on the
matter, Ms. Ellis ordered a 10 -day compliance date of August 30, 2014, and a $50 a day
fine thereafter.
Case No. 14 -1605 Federal National Mortgage Assoc.
Property Address: 515 NW 11 Avenue
Violation(s): CO CH 10 SEC 10 -56 (B) and (D)
Paint exterior of building, remove
materials stored outside, repair, replace
or remove fence, and install four -inch
house numbers on the building visible
from the street.
Officer Hart presented the case for the above captioned violations which were a City
department referral. The initial inspection date was July 3, 2014, and written notice was
sent the same day giving 10 days to correct the violations. Certified mail was sent on
July 17, 2014, and the green card was signed, but not dated. The property was last
inspected on August 19, 2014. Staff recommended 10 days be given to correct the
violations and a fine of $50 a day.
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Code Compliance /Lien Reduction Hearings
Boynton Beach, Florida August 20, 201
Decision
Given the testimony by the City, Ms. Ellis ordered a seven -day compliance date of
August 27, 2014, due to the house numbers needing to be put on the house
immediately, and a fine of $50 a day fine thereafter.
Case No. 14 -1295 Florida Investment & Trade LLC
Property Address: 700 W. Industrial Avenue
Violation(s): CO CH15 SEC 15 -120 B.2 INC & D INC
CO CH10 SEC 10 -51
Remove all inoperable vehicles, trailers
trash and debris from swale and right -of-
way. Cease and Desist inoperable
vehicles in right -of -way.
Officer Lewis presented the case for the above captioned violations which arose from a
citizen complaint. The initial inspection date was June 3, 2014. Written notice was sent
giving 15 days to correct the violations. Service was obtained by posting. A Cease and
Desist was requested. Staff recommended 10 days be given to correct the violations
and a fine of $200 a day. The property was last inspected on August 19, 2014.
Decision
Given the testimony by the City and seeing no one in the audience to speak on the
matter, Ms. Ellis ordered the Cease and Desist within 10 days, by August 30, 2014, with
a fine of $200 per occurrence.
Case No. 14 -1343 Morguard Boynton Town Center —
Mattress One. Inc.
Property Address: 600 N. Congress Avenue
Violation(s): CO CH13 SEC 13 -16
Business Tax Receipt needed. Remove
unpermitted Grand Opening banner.
Officer Lewis presented the case for the above captioned violation. The initial
inspection date was June 6, 2014. The company needed to pass the Business Tax
Receipt inspection. Written notice was sent giving 15 days to correct the violation.
Service was obtained on July 9, 2014. Staff recommended 10 days be given to correct
the violation and a fine of $100 a day.
Decision
Given the testimony by the City and seeing no one in the audience to speak on the
matter, Ms. Ellis ordered a 10 -day compliance date of August 30, 2014, with a $100 a
day fine thereafter.
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Code Compliance /Lien Reduction Hearings
Boynton Beach, Florida August 20, 2014
Case No. 14 -1383 Royal Residential Real Estate
Property Address: 2881 SE 2 nd Street
Violation(s): CO CH15 SEC 15- 120(D) INC
Mow yard, and weed driveway and yard.
Officer Roy presented the case for the above captioned violation. The Respondent was
a repeat violator. Written notice was sent June 10, 2014. Certified mail was sent on
July 2, 2014, and the green card was signed, but undated. Service was also posted at
City Hall on July 17, 2014. Staff recommended 10 days be given to correct the violation
by August 30, 2014, and a fine of $50 a day.
Decision
Given the testimony by the City and seeing no one in the audience to speak on the
matter, Ms. Ellis ordered a 10 -day compliance date of August 30, 2014, and a fine of
$150 a day thereafter, due to the repeat violator status.
Case No. 14 -1429 Roody Silverain
Property Address: 3010 SE 2 nd Avenue
Violation(s): CO CH15 SEC 15- 120(D) INC
Remove trash and debris, tires and
refrigerator. Mow swale area and fix
light fixture.
Officer Roy presented the case for the above captioned violation. The Respondent was
a repeat violator. Certified mail was sent on July 2, 2014, and the green card was
signed on July 10, 2014. This was a health and safety hazard. Staff recommended 10
days be given to correct the violation by August 30, 2014, and fine of $100 a day.
Decision
Given the testimony by the City and seeing no one in the audience to speak on the
matter, Ms. Ellis ordered a seven -day compliance date of August 27, 2014, with a $200
a day fine thereafter.
Case No. 14 -1431 John S. and Susan E. Elliott
Property Address: 140 SW 24 Avenue
Violation(s): CO CH15 SEC 15- 120(D) INC
CO Chl- SEC 10 -52
Remove inoperable /unregistered vehicle
from carport.
Officer Roy presented the case for the above captioned violations. Service was sent by
certified mail and posting the property and City Hall on August 6, 2014. Staff
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Code Compliance /Lien Reduction Hearings
Boynton Beach, Florida August 20, 2014
recommended 10 days be given to correct the violation by August 30, 2014, and a fine
of $50 a day.
Decision
Given the testimony by the City and seeing no one in the audience to speak on the
matter, Ms. Ellis ordered a 10 -day compliance date of August 30, 2014, and fine of $50
a day thereafter.
Case No. 14 -1516 Zhi Rui Chen
Property Address: 117 SE 22 Avenue
Violation(s): CO CH10 SED 10 -52
CO CH15 SEC 15- 120(D) INC
CO City Hall 14 SEC 14 -3
Remove unregistered /inoperable vehicle
from property, including over one -ton
truck. Remove tires, sod yard, remove
debris from carport
Officer Roy presented the case for the above captioned violations. The Respondent
was a repeat violator. Certified mail was sent on July 8, 2014, and there was no
response. Notice was posted on the property and City Hall on August 6, 2014. Staff
recommended 10 days be given to correct the violations by August 30, 2014, and a fine
of $100 a day.
Decision
Given the testimony by the City and due to the Respondent being a repeat violator, Ms.
Ellis ordered a seven -day compliance date of August 27, 2014, and a $150 a day fine
thereafter.
Case No. 14 -1392 Igland A. Naurelus
Property Address: 216 SW 5th Avenue
Violation(s): CO CH15 SEC 15- 120(D) and (E) INC
Remove outside storage on west side of
the house including vehicle and trailer.
Remove trash and debris. Install sod.
Repair gutters.
Officer Roy presented the case for the above captioned violations. The Respondent is a
repeat violator. Written notice was sent giving 30 days to correct the violations.
Certified mail was sent on July 16, 2014, giving 10 days to correct the violations and
was signed on July 21, 2014. Staff recommended 10 days be given to correct the
violations by August 30, 2014, and a fine of $100 a day.
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Code Compliance/Lien Reduction Hearings
Boynton Be ach, Florida Aug 20, 2
Decision
Given the testimony by the City and seeing the Respondent was a repeat violator, Ms.
Ellis ordered a seven -day compliance date of August 27, 2014, and a $150 a day fine
thereafter.
Case No. 14 -1267 Florida Investment Trade
Property Address: 555 N. Railroad Avenue
Violation(s): LDR CH3 ART III SEC 4
LDR CH4 ART II SEC 4.1 13
CO CH 10 SEC 10 -56 (A), (B) and (G)
Trim overgrowth and remove trash and
debris. Tenant operating outside the
scope of their license doing auto repairs.
Restore property to site plan on file with
the City. Repair parking spots and
stops. Replace missing landscaping.
Officer Roy presented the case for the above captioned violations. After inspecting the
premises, 30 days was given to correct the violations. Certified mail was sent on July 9,
2014, with no response. Service was obtained by posting the premises and City Hall on
August 11, 2014. Staff recommended 30 days be given to correct the violations by
September 19, 2014, and a fine of $100 a day. Staff requested a Cease and Desist
Order. Several businesses were operating at the location.
Decision
Given the testimony by the City and seeing no one in the audience to speak on the
matter, Ms. Ellis ordered the Cease and Desist Order with a 30 -day compliance date of
September 19, 2014, and a $100 fine per occurrence.
Case No. 14 -1463 Dalland Properties
Property Address: 307 NE 13 Avenue
Violation(s): CO CH13 SEC 13 -16
Pass inspection for Business Tax
Receipt.
Officer Roy presented the case for the above captioned violation. Certified mail was
sent on July 9, 2014, and the green card was signed July 14, 2014. The Respondent
was a repeat violator. Staff recommended 10 days be given to correct the violations by
August 30, 2014, and a fine of $100 a day.
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Code Compliance /Lien Reduction Hearings
Boynton Beach, Florida August 20, 2014
Decision
Given the testimony by the City and seeing no one in the audience to speak on the
matter, Ms. Ellis ordered a 10 -day compliance date of August 30, 2014, and a $200 a
day fine thereafter due to the repeat violator status.
Case No. 14 -1464 Dalland Properties, LLC
Property Address: 134 NW 6 th Avenue
Violation(s): CO CH10 SEC 13 -16
Pass inspection for Business Tax
Receipt for rental property.
Officer Roy presented the case for the above captioned violation. Staff recommended
10 days be given to correct the violations by August 30, 2014, and a fine of $100 a day.
Decision
Given the testimony by the City and seeing no one in the audience to speak on the
matter, Ms. Ellis ordered a 10 -day compliance date of August 30, 2014, and a fine of
$200 a day thereafter due to their repeat violator status.
Case No. 14 -680 Gloria H. Mosch
Property Address: 127 S. Atlantic Drive
Violation(s): CO CH15 SEC 15- 120(D) INC
Trim and mow overgrowth. Remove
trash and debris from property and
under carport.
Officer Weixler presented the case for the above captioned violation. Written notice
was sent on March 24, 2014. Certified mail was sent on July 17, 2014. The green card
was signed on July 29, 2014. Staff recommended 15 days be given to correct the
violations and a fine of $50 a day.
Decision
Given the testimony by the City and seeing no one in the audience to speak on the
matter, Ms. Ellis ordered a 15 -day compliance date of September 4, 2014, and a fine of
$50 a day thereafter.
Case No. 14 -1488 Eran Salzman
Property Address: 2320 NW 2 nd Street
Violation(s): CO CH10 SEC 10 -52
CO CH 13 SEC 13 -16
CO CH15 SEC 15- 120(D) INC
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Code Compliance /Lien Reduction Hearings
Boynton Beach, Florida August 20, 2014
Apply for and pass inspection for
Business Tax Receipt for rental
property. Mow and trim overgrowth.
Register or remove inoperable vehicle.
Officer Weixler presented the case for the above captioned violations. Service was
obtained by posting on July 11, 2014. Staff recommended 15 days be given to correct
the violations by September 4, 2014, and a fine of $100 a day.
Decision
Given the testimony by the City and seeing no one in the audience to speak on the
matter, Ms. Ellis ordered a 15 -day compliance date of September 4, 2014, and a $100 a
day fine thereafter.
Case No. 14 -1553 Abraham Cowrie
Property Address: 3150 Orange Street
Violation(s): CO CH 10 SEC 10 -56 (D)
Secure the property.
Officer Weixler presented the case for the above captioned violation. The Respondent
was a repeat violator. Service was obtained by posting on August 11, 2014. The home
was vacant. Staff recommended a 15 -day compliance date of September 4, 2014, and
a fine of $200.
Decision
Ms. Ellis ordered a three -day compliance date of August 23, 2014, and a fine of $300 a
day thereafter. It is a public safety issue.
Case No. 14 -1571 Palm Beach County Housing
Authority
Property Address: 2750 NE 4 th Street
Violation(s): CO CH 13 SEC 13 -16
CO CH 15 SEC 15- 120(D)
Pass inspection for Business Tax
Receipt. Mow, weed and trim property.
Officer Weixler presented the case for the above captioned violations. Written notice
was sent July 1, 2014, and service was obtained by certified mail sent on July 17, 2014.
The green card was signed July 22, 2014. Staff recommended 10 days be given to
correct the violations by August 30, 2014, and a fine of $100 a day.
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Code Compliance /Lien Reduction Hearings
Boynton Beach, Florida August 20, 2014
Decision
Given the testimony by the City and seeing no one in the audience to speak on the
matter, Ms. Ellis ordered a 10 -day compliance date of August 30, 2014, and a fine of
$100 a day.
Case No. 14 -1588 Nelson A. Heath
Property Address: 501 NE 25 Avenue
Violation(s): CO CH14 SEC 14 -3
CO CH15 SEC 15- 120(D) INC
CO CH10 SEC 10 -56 (D)
Remove outside storage, and trash and
debris from the property. Remove
oversized vehicle from the property.
Repair or remove damaged fence
(gate).
Officer Weixler presented the case for the above captioned violations. Written notice
was sent on July 2, 2014. Service was obtained by certified mail sent on July 23, 2014.
The green card was signed August 2, 2014. The Respondent was a repeat violator.
Staff recommended 15 days be given to correct the violations by September 4, 2014,
and a $100 fine a day.
Decision
Given the testimony by the City and seeing no one in the audience to speak on the
matter, Ms. Ellis ordered a 10 -day compliance date of August 30, 2014, and a $250 a
day fine thereafter due to the Respondent's repeat violator status.
(Ms. Ellis recessed the meeting for a short break at 90:39 a.m. and reconvened the
meeting at 90:46 a.m.)
Ms. Ellis clarified that all the cases that had fines attached to them would begin to
accrue after the compliance date.
Officer Roy recommended the following cases that complied have "No Fine"
Case No. 14 -604 Rose Joaseus 465 SW 3 rd Avenue
Case No. 14 -969 Daniel Jerome 1624 NW 1 st Court
Case No. 14 -1027 Odilia Ariste 1431 NW Td Street
Case No. 14 -1098 Herald Altidor Sr. & Jr., & Cindy Altidors 706 NW 8 th Street
Case No. 14 -936 I1-12 Property Florida LLP 2846 SW 6 th Street
Case No. 14 -941 Colfin Al FL3 LLC 2819 SW 5 th Street
Case No. 14 -978 14 PROP LLC 531 NW 8 th Avenue
Case No. 14 -1157 MF Homes LLC 545 NW 9 th Avenue
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Code Compliance /Lien Reduction Hearings
Boynton Beach, Florida August 20, 2014
Case No. 14 -978 14 PROP LLC 531 NW 8 Avenue
Case No. 14 -1157 MF Homes LLC 545 NW 9 Avenue
Case No. 14 -929 David R. Moody 184 S. Palm Drive
Officer Roy recommended the following case be tabled to September 17 4-9, 2014:
Case No. 14 -483 Michael J. & Jane A. Morris 921 SW 34th 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"
Case No. Name Address Amount per day
14 -647 MF Associates Commerce 2901 NW Commerce Park Dr. $100
Park LLC
14 -446 Barbara P. Garside 207 SE 4 Avenue $200
14 -818 Jean W. LaTouche 804 S. Seacrest Blvd $50
14 -904 Rosyvanne Delva 449 SW 3rd Avenue $50
14 -1035 Regency Centers INC 4766 N. Congress Avenue $100
14 -245 IH2 Property Florida LP 1077 SW 25 Way $50
14 -625 Robert & Mary Aspenwall Trusts 613 SW 4 Avenue $100
14 -1021 Cynthia J. Matthews 1631 NW 5 Street $150
14 -1030 Melvin Clemmons Est 1621 NW 5 Street B $50
14 -1069 Cynthia J. Matthews 1691 NW 5 Street $200
13 -2647 Murat & Cinaise Donastor 1607 NE 4 Street $100
and Ducles Elusca
14 -887 Janice & Roy Van Hooft 319 Glen Arbor Terrace $50
14 -933 Colfin Al FL 3 LLC 2931 S. Seacrest Blvd. $50
14 -793 1635 Seacrest LLC 1106 NW 1 Street $100
14 -836 Antonio Reale 521 NE 2nd Street $50
14 -981 Eldredge & Zelma McGrady 503 NW 9 Avenue i $50
14 -773 SFRH SF Rental LP 2621 NE 3rd Street $100
14 -1051 Victor Scarpulla 581 Alto Road $100
14 -1003 IH3 Property Florida LP 12 Redwood Court $100
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Code Compliance /Lien Reduction Hearings
Boynton Beach, Florida August 20, 2014
Decision
Ms. Ellis ordered the lien certifications for the cases recited by City Staff
Officer Roy announced the following case was for nuisance abatement.
Case 14 -7 Mark G & Iris H. Mordaunt 631 Las Palmas Parkway
Decision
Seeing no one in the audience to speak on the matter, Ms. Ellis ordered the Nuisance
Abatement as recommended by City staff.
Adjournment
There being no further business to discuss, Ms. Ellis adjourned the hearings at 10:53
a.m.
Catherine Cherry
Minutes Specialist
090214
27