Loading...
Minutes 09-17-14 MINUTES OF THE CODE COMPLIANCE/LIEN REDUCTION HEARINGS HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA ,N WEDNES SEPTEMBER 17, 2014, AT 9 A.M. PRESENT: Carol Dutra Ellis, Special Magistrate Diane Springer, Code Compliance Coordinator 1. CALL TO ORDER Ms. Ellis, Special Magistrate, called the meeting to order at 9:01 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 JULY 16, 2014 MINUTES There was one change to the minutes as follows: Page 15, Case No. 14 -1169, the fine amount should be: $150. Ms. Ellis approved the minutes with the correction. APPROVAL OF AGENDA Vestiguerne Pierre, Senior Code Compliance Officer, announced the following change to the agenda: Case No: 14 -1760 was corrected. 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 who were present to testify. Case No. 14 -1224 King Investment Solutions, Inc. Property Address: 109 SE 31 Avenue Violation(s): CO CH10 SEC 10 -56 A, B, C and E BBA FBC 2010 ED 105.1 Sod bare spot in front yard. Permits required for interior renovations. Secure pool and clean, repair or fill in. Replace missing window screens, repair sprinkler system. Gates must be self - latching and closing for safety barrier for pool. Meeting Minutes Code Magistrate Hearings Boynton Beach, Florida September 17, 2014 Officer Pierre presented the case. The Notice of Violation was sent May 21, 2014. The hearing date was July 16, 2014, and no one appeared. The compliance date and fine set was July 23, 2014, and a $150 a day. There were 545 days of non - compliance. The Respondent was present. David Hernandez, the property owner, explained he had hired a contractor to work on the property, do maintenance on the exterior and whatever else needed to be done. He was also supposed to pull permits. After the Stop Work Order, Mr. Hernandez realized the contractor was not doing what he said. Mr. Hernandez intervened. He just learned the permits were now approved. He was unable to obtain a dumpster due to the Stop Work Order and proof of his change of contractor. This was the first property he rehabbed in Boynton Beach. Ms. Ellis pointed out the case was up for a lien penalty certification, and he should have appeared at the previous meeting. Mr. Hernandez commented he was advised the mail was being thrown away. He had a mailing address in Miami. Mr. Hernandez clarified he purchased the property in March 2014. Nothing was done for about three months, and when he hired a Boynton Beach contractor, he trusted he was aware of the procedures to be followed. Officer Pierre explained the contractor working on the property was told to get a dumpster. He said he would the next week, but did not. He was storing the trash in the carport. Ms. Ellis explained the Code Compliance process. This meeting was to certify the lien; however, it does not mean he cannot return and petition for a lien reduction. Mr. Hernandez expressed his frustration at the situation and commented, he was duped. Decision Ms. Ellis certified the lien and recommended working with the City to get the issues resolved. Case No. 13 -2623 PRH Boynton Beach, LLC 324 N. Federal Highway Diane Springer, Code Compliance Coordinator, presented the case. The Notice of Violation was sent on December 2, 2013, to secure permits for an interior remodel. The case was heard on January 15, 2014 and Richard Fortenbury appeared. The compliance date and fine set was February 14, 2014, and $100 a day. The violations were corrected on August 20, 2014, accruing a fine of $18,600 and administrative fees of $634.12. Rather than pull permits for the remodel, the owner decided to remove the tenant's interior renovations and pulled a demolition permit issued on June 4, 2014. The work was finalized on August 4, 2014. A water bill of $71.29 was also paid. 2 Meeting Minutes Code Magistrate Hearings Boynton Beach, Florida September 17, 2014 Rich Fortenbury, Asset Manager, confirmed Ms. Springer's comments, Mr. Fortenbury met with the Building Department several times and the easiest way to correct the situation was to pull a demolition permit, which they obtained. Decision Given the testimony by the City the Petitioner was eligible for a lien reduction and based on the Petitioner's testimony, Ms. Ellis reduced the lien to $2,500 and $634.12 for administrative costs. Case No. 13 -2522 Wells Fargo Bank NA TR 1202 Meadows Circle Ms. Springer presented the case. The Notice of Violation was sent on November 19, 2014, to register a foreclosed property, remove and repair water damaged drywall and construction materials. The case was heard on February 29, 2014, and no one appeared. The compliance date and fine was March 1, 2014, and a fine of $100 a day. The violations were corrected on August 11, 2014, accruing a fine of $16,300 and administrative fees of $730.15. Ms. Springer was contacted in June. The contractor informed the realtor the inspection had passed, but it had failed. She was contacted again in August and Ms. Springer confirmed the violations were corrected; however, to qualify for lien reduction, the Petitioner had to replace the missing window and slider screens, repair or replace an electrical outlet cover, the broken handle on the screen door and repair a peep hole. A re- inspection on August 27, 2014, confirmed the items were addressed and the case was eligible for lien reduction. An outstanding water bill of $2,237.47 was also paid. Jeff Palino, of Green River Capital, representing Wells Fargo, explained the property was a foreclosure. They obtained the property on October 30, 2013, and an inspection revealed the property was vacant. The premises were re -keyed and they noticed mold inside the property. There was some pushback from the Homeowners Association and there were issues with gaining access to the property. He had documents as proof. On three occasions when they did receive access, they found the lockbox was removed and the lock was changed. They still gained access. They obtained bids to address the mold, water and air conditioning issues and hired Amerishield. They learned the company did not pull a permit, and Mr. Palino believed they could remove the drywall, but they were not able. They also learned, because they had to remove the air conditioner from the closet due to mold, they wanted them to put it back. When they finished everything, Code Compliance found other issues. The property was under contract. They spent $6,970 and another $2,000 to reinstall the air conditioning, remove trash, and pay the water bill. The property was ready to close and for sale for $35,000. Mr. Palino requested the fine be reduced to a reasonable amount. 3 Meeting Minutes Code Magistrate Hearings Boynton Beach, Florida September 17, 2014 Decision Based on the testimony of the Petitioner and the City that the case was eligible for lien reduction, Ms. Ellis reduced the lien from $16,300 to $1,500, plus the $730.15 administrative fees. Ms. Springer advised the next two cases pertained to the same property owner. Case No. 3 -2 Daniel P. Navilio 762 Rider Road Case No. 3 -3 Daniel P. Navilio 762 Rider Road Ms. Springer presented the case. The Notice of Violation was sent on January 17, 2013, regarding securing building permits for work on both units, including plumbing, electrical, structural, mechanical alterations and the pool installation. Mr. Navilio was to repair broken windows and a deteriorated deck. The case was heard on May 20, 2013, and Patty Navilio, the Respondent's sister appeared. The compliance date and fine set by the Board was May 4, 2013, or a fine of $500 a day would be imposed thereafter. The violations were corrected by July 14, 2014, accruing a fine of $217,500 and administrative fees of $634.12. The case arose from a citizen complaining the Respondent was running a bed and breakfast in a residential zone. A Code Officer inspected and learned there were individuals staying there as guests and found building violations. The Building Department placarded the home on May 24, 2013. There was to be no occupancy in the building and use of the pool was prohibited. Permits were pulled in June and August 2014. The June permits were for the original violations, which complied on July 14, 2014. Additional items needed for lien reduction required a permit which was pulled in August. When the case complied on July 14, 2014, Ms. Springer was contacted four days later for a lien reduction inspection, which revealed open electrical that had to be addressed. A washed -out area near the pool needed repair, the south parking area needed to be rocked and paved, another washed out area near the base of the house had to be filled, and the decks, roof and walls needed to be pressure cleaned. Property taxes of $6,958.95 and water bill of $3,567.05 were also paid. A wall was removed between two units to make one large room. The units were considered two units with two different parcel numbers; however, they applied to the County to convert the two units to one. At the time the Respondent was sited, the property had two separate units and two case numbers were used. Patty Navilio, who was present in May 2013, advised she did not know there was a lien placed on the property, and they complied with the Code Violations as of August 29, 2013. She had copies of the permits associated with the interior alterations. The deck was completed in June of last year. She commented all the work associated with the Red Tag was finished and they complied with the pool violation by removing i. She 4 Meeting Minutes Code Magistrate Hearings Boynton Beach, Florida September 17, 2014 thought when she attended the meeting, as long as she did what was required to secure the proper permits, they would not be fined. She had copies of the permits bringing them into compliance as of August 29, 2013. The property was currently vacant, but they wanted to rent it as a vacation rental. When she asked for the rental inspection, she learned of the lien. An investor gave her brother funds to get the property out of foreclosure. They will be in partnership, and were waiting for the paperwork from the bank. Ms. Springer explained the building permit was issued in August 2013, but the plumbing, mechanical, electrical and structural permits were issued on June 16, 2014. Ms. Navilio differed. Ms. Springer had copies of the information which Ms. Navilio viewed, but did not understand. Decision Ms. Ellis opted to table the case for one month to determine the compliance date. She noted there were two separate violations. Ms. Ellis tabled the case to October 15, 2014. The Respondent for the next two cases was put under oath. Case No. 14 -1746 Fetlar LLC Property Address: 2915 SE 2 nd 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 and explained the Respondent was present. Leia Boggs, Authorized Agent, stated she spoke with the Code Officer. She was going to communicate with the tenants to schedule a date for the inspection. Officer Pierre recommended 10 days be given to correct the violation and a fine of $100 a day. Decision Ms. Ellis explained to Ms. Boggs she had until September 27, 2014, or a $150 a day fine would be imposed thereafter. Case No. 14 -1532 Fetlar LLC Property Address: 401 NW 8 Court Violation(s): CO CH13 SEC 13 -16 5 Meeting Minutes Code Magistrate Hearings Boynton Beach, Florida September 17, 2014 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. The initial inspection date was September 25, 2014. The Respondent was a repeat violator. Written notice was sent on June 25, 2014, giving five days to correct the violation. Certified mail was sent on August 11, 2014. The green card was signed on August 19, 2014. The property was last inspected September 16, 2014. Staff recommended five days be given to correct the violation and a fine of $500 a day. Leia Boggs explained the matter would be addressed by then. Decision Ms. Ellis ordered a five day compliance date of September 22, 2014, and a fine of $500 a day thereafter. Case No. 14 -735 Ira Morris Property Address: 3 Fawkland Circle Violation(s): CO CH10 SEC 10 -56 (B) Repair wall on the west side of the building. Officer Guillaume presented the case for the above captioned violation which arose from a citizen complaint. The initial inspection date was March 31, 2014, and thirty days was given to correct the violation. The green card was signed on August 19, 2014. The last inspection occurred on September 16, 2014. Ira Morris, 3 Fawkland Circle, stated when he received the complaint, he requested an extension, which was approved. He applied to the bank to repair the property, but it was denied. He got a loan modification last month, reducing his monthly payment, permitting him to have extra funds. Soon his car loan would be satisfied, providing him with further funds. The estimate for the repair was $3,600. He needed until February to pay for the repair; however, Officer Guillaume recommended 90 days. Mr. Morris stuccoed the home. His wife recently passed away and she was the one who hired the workers. He did not have the receipt so he could not contact them. He had to do everything on his own. Decision Based on the testimony of the City and the Respondent, Ms. Ellis ordered the recommendation of the City for a 90 -day compliance date of December 16, 2014. If not 6 Meeting Minutes Code Magistrate Hearings Boynton Beach, Florida September 17, 2014 corrected by then, a fine of $200 a day would be imposed. Case No. 14 -1674 Stellar Homes Groups Property Address: 7205 Chesapeake Circle Violation(s): BBA FBC 2010 ED 105.1 Remodeling permit required. Four times fee will be assessed. Plumbing, electrical, mechanical and building permits required. Pete Roy, Chief Code and Rehabilitation Officer, presented the case for the above captioned violation which was a City department referral. The initial inspection date was July 14, 2014. Written notice was sent on July 15, 2014, giving 15 days to comply. Certified mail was sent on August 1, 2014, and was signed on August 5, 2014. The property was last inspected September 17, 2014. Staff recommended 15 days be given to correct the violation and a fine of $100 a day thereafter. Leia Boggs, Authorized Agent, explained the matter would be addressed by then. Decision Ms. Ellis ordered a compliance date of October 2, 2014, with a $100 a day fine imposed thereafter. Case No. 14 -1725 Lyciana V. and Roberson Innocent Property Address: 127 Arthur Court Violation(s): BBA FBC 2010 ED. 105.1 Secure permit for window and stucco replacement. Red tagged. Officer Weixler presented the case for the above captioned violation which arose from a routine inspection. The initial inspection date was July 25, 2014, and the property was red tagged on November 4, 2013. The Respondent was a repeat violator. Notice was sent on July 25, 2014, giving 30 days to correct the violation. Service was by posting on September 5, 2014, and the property was last inspected on September 16, 2014. Staff recommended 30 days be given to correct the violation and a fine of $50 a day thereafter. Reginald Harris, Richard Boyette Associates, Consulting Engineers, was administered an oath. Mr. Harris explained he got the project a few days ago and tried to research the matter. The property was purchased in June 2014. The original owner, Marilyn Ocean, hired a draftsman to do the work. The draftsman hired an engineer to sign and seal drawings. He has since tried to contact both the draftsman and engineer to address the comments and certify the plans and was unsuccessful. The engineer 7 Meeting Minutes Code Magistrate Hearings Boynton Beach, Florida September 17, 2014 said he was not hired by the owner to answer the Building Department comments. Mr. Harris stated there were six pages of comments and the plans were incomplete. He forwarded the information to the engineer, who was responsible, since the plans have to be certified to pass, but the buck was being passed to the draftsman and he was in a catch 22 position. He was trying to help, but he could not do so in the timeframe provided. Ms. Ellis pointed out regardless, once the client purchased the property, he inherited the issues. Decision Ms. Ellis ordered a 45 -day compliance date of November 1, 2014, and if not complied by then, a fine of $250 would be imposed thereafter. V. New Business Case No. 14 -1625 Brian and Wendy Lulfs Property Address: 829 Shore Drive Violation(s): CO CH1.5 SEC 1.5 -12 +13 Excess false alarms and service fees. Officer Pierre presented the case for the above captioned violation. Staff recommended 10 days be given to correct the violation. 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 September 27, 2014, with a $150 fine per day. Case No. 14 -1853 Discount Auto Parts Inc. Property Address: 1480 SW 8 Street Violation(s): CO CH2 SEC 2.5 — 12 + 13 Excess false alarms and service fees. Officer Pierre presented the case for the above captioned violation. Staff recommended 10 days be given to correct the violation. 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 September 27, 2014, with a $150 a day fine. 8 Meeting Minutes Code Magistrate Hearings Boynton Beach, Florida September 17, 2014 Case No. 14 -1594 Marie Gedeon Property Address: 1525 NE 2nd Court Violation(s): CO CH15 SEC 15- 120(D) INC. Remove all outside stored material, trash and debris. Officer Hart presented the case for the above captioned violation. Notice was posted at City Hall on September 4, 2014, and mailed regular mail on July 2, 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 September 27, 2014, with a $50 a day fine thereafter. Case No. 14 -1656 Josephine Glennon & Carlos Hernandez Property Address: 121 NE 17 Avenue Violation(s): CO CH13 SEC 13 -16 Apply for and pass Business Tax Receipt inspection for rental property. Officer Hart presented the case for the above captioned violation. Notice was posted at City Hall on July 14, 2014. Certified mail was sent August 11, 2014, and the green card was signed on August 20, 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 September 27, 2014, and a $100 a day fine thereafter. Case No. 14 -1664 Guy Estella Property Address: 111 NE 16 Avenue Violation(s): CO CH15 SEC 15- 120(D) INC CO CH15 SEC 15- 120(D) INC Mow, weed and trim overgrowth. Install four -inch house numbers on building, visible from the street. Repair or replace rotted wood over carport. 9 Meeting Minutes Code Magistrate Hearings Boynton Beach, Florida September 17, 2014 Officer Hart presented the case for the above captioned violations. The Respondent was a repeat violator. Notice was sent July 14, 2014, and posted at City Hall on September 4, 2014. The house numbers were installed. Staff recommended 15 days be given to correct the violations and a fine of $200 a day. Decision Ms. Ellis ordered a 10 -day compliance date of September 27, 2014, with a $200 a day fine. Case No. 14 -1752 Marva Campbell Property Address: 2101 N. Seacrest Boulevard Violation(s): CO CH10 SEC 10 -56(A) and (D) Secure windows and doors. Officer Hart presented the case for the above captioned violation. Notice was sent via regular mail on July 26, 2014, and was posted at City Hall on September 4, 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 September 27, 2014, and a $100 a day fine thereafter. Case No. 14 -1753 Marva Campbell Property Address: 2101 N. Seacrest Boulevard Violation(s): CO CH15 SEC 15- 120(D) INC. CO CH10 SEC 10 -56(A) (D) Remove all outside stored materials. Repair and paint rotten wood on soffit and fascia. Install four -inch house numbers on building. Repair hole in wall in carport. Officer Hart presented the case for the above captioned violations. Notice was sent regular mail on July 26, 2014, and posted at City Hall on September 4, 2014. Staff recommended 10 days be given to correct the violations and a fine of $150 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 September 27, 2014, and a $150 a day fine. 0 Meeting Minutes Code Magistrate Hearings Boynton Beach, Florida September 17, 2014 Case No. 14 -1754 Carlos and Brandi Infante Property Address: 1951 N. Seacrest Boulevard Violation(s): CO CH15 SEC15- 120(D) INC Mow, weed and trim overgrowth. Officer Hart presented the case for the above captioned violation. Notice was sent regular mail on July 26, 2014, and posted at City Hall on September 4, 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 September 27, 2014, with a $50 a day fine thereafter. Case No. 14 -1755 John L. Patterson Property Address: 1680 N. Seacrest Boulevard Violation(s): CO CH15 SEC 15- 120(D) Inc. Remove outside stored materials, trash and debris. Officer Hart presented the case for the above captioned violation. Notice was sent regular mail July 26, 2014, and posted at City Hall on September 4, 2014. Staff recommended 10 days be given to correct the violation and a fine of $50 a day thereafter. 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 September 27, 2014, with a $50 a day fine. Case No. 14 -1780 Michael Coleman Property Address: 1971 N. Seacrest Boulevard Violation(s): CO CH13 SEC 13 -16 Apply for and pass inspection for Business Tax Receipt. Officer Hart presented the case for the above captioned violation. Notice was sent regular mail on July 26, 2014, and posted at City Hall on September 4, 2014. Staff recommended 10 days be given to correct the violation and a fine of $50 a day. 1 Meeting Minutes Code Magistrate Hearings Boynton Beach, Florida September 17, 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 September 27, 2014, and a fine of $50 a day thereafter. Case No. 14 -1833 Assets Recovery 23 LLC Property Address: 1515 N. Seacrest Boulevard Violation(s): BBA FBC 2010 ED 105.1 Secure permit for hurricane shutters, plumbing and roof work as stated on the red tag. Officer Hart presented the case for the above captioned violation. Notice was sent regular mail on August 6, 2014. Certified mail was sent on August 22, 2014, and the green card was not dated. 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 September 27, 2014, and a $50 a day fine thereafter. Case No. 14 -1834 JP Morgan Chase Bank National Property Address: 115 NE 15 Avenue Violation(s): CO CH10 SEC 10 -51.5 INC Property that is vacant or subject to a current notice of default must be registered with the City and maintained per City Code. Secure doors and windows. Install four -inch house numbers of building, visible from the street. Repair or replace rotted wood on soffit and fascia. Repair holes in exterior walls. Officer Hart presented the case for the above captioned violations. Notice was sent regular mail on August 6, 2014. Certified mail was sent on August 22, 2014, and the green card was signed on August 25, 2014. Staff recommended 10 days be given to correct the violation and a fine of $100 a day. 2 Meeting Minutes Code Magistrate Hearings Boynton Beach, Florida September 17, 2014 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, due to needing the house numbers and a $100 a day fine thereafter. Case No. 14 -1501 DDIRM Meadows Square LLC Property Address: 4701 N. Congress Avenue Violation(s): LDR CH4 ART III, SEC. 10 -4 Donation bines must be registered with the Development Department and comply with the Code. Officer Guillaume presented the case for the above captioned violation. The case arose from a citizen complaint. The initial inspection date was June 23, 2014. Staff gave 30 days to correct the violation. The green card was signed on August 18, 2014. Staff recommended 10 days be given to correct the violation. Decision Given the testimony by the City and seeing no one in the audience to speak on the matter, Ms. Ellis ordered a 0 -day compliance date of September 27, 2014, and a $100 a day fine thereafter. Case No. 14 -1610 Houssam and Marcie Tannous Property Address: 20 Heather Cove Drive Violation(s): CO CH15 SEC 15- 120(D) Inc. Trim and mow overgrown vegetation. Officer Guillaume presented the case for the above captioned violation. The case arose from a citizen complaint. The initial inspection date was July 7, 2014, and 10 days was given to comply. Notice was posted at the premises and in City Hall on August 21, 2014. Staff recommended 10 days be given to correct the violation. 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 September 27, 2014, with a $100 a day fine thereafter. Case No. 14 -1186 St. Patrick Properties LLC Property Address: 701 SW 1 St Avenue Violation(s): CO CH10 SEC 10 -56(B) CO CH13 SEC 13 -16 13 Meeting Minutes Code Magistrate Hearings Boynton Beach, Florida September 17, 2014 Apply for and pass inspection for Business Tax Receipt. Clean up all overgrowth, weeds, trash and debris. Officer Lewis presented the case for the above captioned violations. Certified mail was signed on August 14, 2014. Staff recommended 10 days be given to correct the violations. 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 October 2, 2014, with a $100 a day fine thereafter. Case No. 14 -1191 Gajife LLC Property Address: 815 W. Boynton Beach Boulevard Violation(s): CO CH13 SEC 13 -16 Apply for and pass Business Tax Receipt inspection for rental property. Officer Lewis presented the case for the above captioned violation. Certified mail was sent on August 14, 2014, giving 15 days to correct the violation. 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 15 -day compliance date of October 2, 2014, with a $100 a day fine thereafter. Case No. 14 -1310 Robert E. Carl Property Address: 108 SW 8 Court Violation(s): BBA FBC 210 ED 105.1 Permit required for reroof as red tagged. Officer Lewis presented the case for the above captioned violation. Staff recommended 10 days be given to correct the violation 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 September 27, 2014, with a $100 a day fine thereafter. 1 Meeting Minutes Code Magistrate Hearings Boynton Beach, Florida September 17, 2014 Case No. 14 -1706 Kathleen Biernacki Property Address: 1154 SW 28 Avenue Violation(s): BBA FBC 2010 ED 105.1 CO CH10 SEC 10 -3 Renew expired permit for roof. Officer Lewis presented the case for the above captioned violation. The owner called and advised the permit was renewed. They requested 30 days to finish the roof. Staff recommended 30 days be given to correct the violation or 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 October 17, 2014, with a $100 a day fine thereaftger. Case No. 14 -1855 Mikel Jean Fils & Jeanette Pierre Property Address: 23 Peachtree Place Violation(s): CO CH13 SEC 13 -16 Apply for and pass Business Tax Receipt inspection for rental property. Officer Lewis presented the case for the above captioned violation. Staff recommended 15 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 15 -day compliance date of October 2, 2014, with a $100 a day fine thereafter. Case No. 14 -1598 Colfin Al FL 3 LLC Property Address: 2931 S. Seacrest Boulevard Violation(s): CO CHI SEC 15- 120(D) INC Mow and trim overgrown yard, remove dead tree, and sod swale. Officer Pierre presented the case for the above captioned violation. Staff recommended 10 days be given to correct the violation and a fine of $100 a day. 15 Meeting Minutes Code Magistrate Hearings Boynton Beach, Florida September 17, 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 September 27, 2014, and a $100 a day fine thereafter. Case No. 14 -1738 Cameau and Marie B. Danois Property Address: 2655 SE 2 nd Street Violation(s): CO CH13 SEC 13 -16 CO CH15 SEC 15- 120(D) Inc. CO CH10 SEC 10 -56(D) Apply for and pass Business Tax Receipt inspection for rental property. Remove trash and debris and install four -inch house numbers. Officer Pierre presented the case for the above captioned violations. 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 September 27, 2014, with a $50 a day fine thereafter. Case No. 14 -1739 Deutsche Bank Trust Co. Property Address: 243 SE 25 Avenue Violation(s): CO CH10 SEC 10 -51.5 INC. Property that is vacant or subject to a current notice of default must be registered and maintained per City Code. Mow overgrown yard areas and trim overgrown vegetation. Officer Pierre presented the case for the above captioned violation. 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 September 27, 2014, with a $100 a day fine thereafter. 16 Meeting Minutes Code Magistrate Hearings Boynton Beach, Florida September 17, 2014 Case No. 14 -1794 Royal F. Clark III Property Address: 1371 SW 26 Avenue Violation(s): CO CH10 SEC 10 -56(C) CO CH15 SEC 15- 120(D) INC Clean pool and maintain in sanitary condition. Mow front and rear yards and fix gate. Officer Pierre presented the case for the above captioned violations. Staff recommended 10 days be given to correct the violations and a fine of $150 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 September 24, 2014, due to the pool and sanitation issue and a $200 a day fine thereafter. Case No. 14 -1621 Benjamin L. Ho Property Address: 1101 N. Federal Highway Violation(s): 10 -2 Boynton Beach Code of Ord. CO CH15 SEC 15- 120(D) Inc. CO CH15 SEC 15- 120(B) 1 CO CH10 SEC 10 -56 (B) Mow, weed and trim all overgrowth and remove trash and debris including in the rear right -of -way. Officer Roy presented the case for the above captioned violations. The case arose from a routine inspection. The initial inspection date was July 10, 2014. Written notice was sent July 15, 2014. Certified mail was sent on August 14, 2014, and the property was posted on August 21, 2014. The property was last inspected on September 16, 2014. Staff recommended 10 days be given to correct the violations and a fine of $500 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 September 27, 2014, and a $500 a day fine thereafter. Case No. 14 -1636 Michael R. Rogers Property Address: 111 NE 3 rd Avenue Violation(s): CO CH15 SEC 15- 120(D) INC 17 Meeting Minutes Code Magistrate Hearings Boynton Beach, Florida September 17, 2014 Mow, weed and trim overgrowth, remove trash and debris and outside storage from property. Officer Roy presented the case for the above captioned violation. The case arose from a routine inspection. Written notice was sent giving 15 days to correct the violation. Certified mail was sent on July 30, 2014, and the property was posted on August 27, 2014. Staff recommended 10 days be given to correct the violation and a fine of $100. 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 September 27, 2014, and a $100 a day fine thereafter. Case No. 14 -1640 Marie Rose Ella Lezin Property Address: 126 NE 3` Avenue Violation(s): CO CH15 SEC 15- 120(D) INC & (B) 1 CO CH10 SEC 10 -56 (A) and (B) Mow overgrowth in alley and sod front yard. Officer Roy presented the case for the above captioned violations. The case arose from a routine inspection. Written notice was sent on April 11, 2014. Certified mail was sent on April 30, 2014, and the green card was signed on August 18, 2014. Staff recommended 10 days be given to correct the violations 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 September 27, 2014, and a $100 a day fine thereafter. Case No. 14 -1819 Guadalupe Diosdado Property Address: 1110 NW 1 St Street Violation(s): LDR CH3 ART IV SEC 3 (C) and (D) Car repair prohibited in residential zoning. Cease repairs immediately. Officer Roy presented the case for the above captioned violation and stated he was seeking a Cease and Desist Order. Certified mail was sent on August 26, 2014. The green card was signed and undated. Staff recommended a Cease and Desist Order imposing a $100 fine for each occurrence. 18 Meeting Minutes Code Magistrate Hearings Boynton Beach, Florida September 17, 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 Order with a $100 fine per occurrence. Ms. Ellis recommended a seven -day compliance date of September 20, 2014. Officer Roy explained the case had already complied. Ms. Ellis changed the compliance date of the Order to be effective September 17, 2014. Case No. 14 -1617 Bentley Partners LLC Property Address: 2105 NE 3 rd Street Violation(s): CO CH13 SEC 13 -16 CO CH14 SEC 15- 120(D) INC & (D) 1 B Apply for and pass inspection for the Business Tax Receipt for rental property. Mow, weed and trim all overgrowth. Remove all materials stored outside and trash and debris. Trim trees along NE 20 Avenue to minimum height of 14 feet over road and 10 feet over swale. Officer Weixler presented the case for the above captioned violations. Service was by certified mail sent on August 1, 2014. The green card was signed on August 5, 2014. Staff recommended 30 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 30 -day compliance date of October 17, 2014, and a fine of $50 a day thereafter. Case No. 14 -1698 Gloria Mosch Property Address: 127 S. Atlantic Drive Violation(s): CO CH10 SEC 10 -56 (C) Restore pool to sanitary condition or drain and cover. Officer Weixler presented the case for the above captioned violation. The Respondent was a repeat violator. Service was by posting on September 4, 2014. Staff recommended 10 days be given to correct the violation and a fine of $150 a day. 19 Meeting Minutes Code Magistrate Hearings B oynton Beach, Florida September 17, 2014 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 September 24, 2014, and a fine of $250 a day thereafter as there is a sanitary issue. Case No. 14 -1722 Rossene R. Jean - Pierre Property Address: 121 Arthur Court Violation(s): CO CH15 SEC 15- 120(D) INC Mow and trim all overgrowth. Officer Weixler presented the case for the above captioned violation. Service was by certified mail sent on August 11, 2014. The green card was signed August 2, 2014. Staff recommended 10 days be given to correct the violation and a $100 a day fine. 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 September 27, 2914, and a $100 a day fine thereafter. Case No. 14 -1800 Nomis D. LLC Property Address: 2731 NW 1 St Street Violation(s): CO CH13 SEC 13 -16 CO CH15 SEC 15 -120 (D) INC Apply for and pass Business Tax Receipt inspection for rental property. Mow and trim all overgrowth. Officer Weixler presented the case for the above captioned violations. Service was by certified mail sent on August 22, 2014. The green card was signed August 27, 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 October 2, 2014, with a $50 a day fine thereafter. Case No. 14 -1806 9600 SW 64 Street LLC Property Address: 2870 NE 4 th Street Violation(s): CO CH 13 SEC 13 -16 Apply for and pass Business Tax Receipt inspection for rental property. 20 Meeting Minutes Code Magistrate Hearings Boynton Beach, Florida September 17, 2014 Officer Weixler presented the case for the above captioned violation. Service was by posting on August 5, 2014. Staff recommended 30 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 30 -day compliance date of October 17, 2014, with a $50 a day fine thereafter. VI. Old Business Officer Pierre recommended the following cases that complied have "No Fine ": Case No. 14 -483 Michael J & Jane A. Morris 921 SW 34 Avenue Case No. 14 -1200 Dinfrint LLC 210 SE 1 St Street Case No. 14 -1135 La Marieta Florida LLC 815 W Boynton Beach Blvd 1106 Case No. 14 -1129 J.P. Morgan Chase Bank 160 SE 27 Avenue Case No. 14 -1273 Vernon Thompson Jr. Tr. 606 NE 1 St Street Officer Pierre recommended the following cases be tabled to November 19, 2014: Case No. 14 -1274 Lamar Nixon 411 NE 2 " d Street Case No. 14 -947 Darrell & Dorothy Mitchell 1471 SW 26 Avenue B Officer Pierre recommended the following case be tabled to October 16, 2015: Case No. 08 -3379 Forum Shoppes of Boynton LLC 140 N. Congress Avenue Officer Pierre 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. 14 -1490 Home Depot USA 1500 SW 8 th Street 50 21 Meeting Minutes Code Magistrate Hearings Boynton Beach, Florida September 17, 2014 Case No. 14 -0896 Kevin & Janeen Gallagher 441 SW 3 rd Avenue 50 Case No. 14 -1120 Maryann Loser 324 NW 1 st Avenue $150 Case No. 14 -1012 Colfin Al FL 3 LLC 91 Las Brisas $100 Case No. 14 -0643 Thomas Killea 736 W. Ocean Avenue 25 Case No. 14 -1192 FPM Properties LLC 161 NE 17 Court 50 Case No. 14 -1328 Yachtsman Properties LLC 1550 N. Federal Highway $150 Case No. 14 -1084 Tertin Florida LLC 815 W. Boynton Beach 50 Boulevard 13205 Case No. 14 -1142 Federal National Mtge Assoc. 109 SE 31" Avenue 50 Case No. 14 -1165 David Newell & Kelly A. Field 3391 Orange Street $100 Decision Ms. Ellis ordered the Lien Penalty Certifications as previously described by City staff. Adjournment There being no further business to discuss, Ms. Ellis adjourned the meeting at 10:48 a.m. oa4w/Ki Catherine Cherry Minutes Specialist 092314 22