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Minutes 10-15-14 MINUTES THE CODE COMPLIANCE/LIEN I HEARINGS HELD IN COMMISSION , CITY HALL, 100 E. BOYNTON BEACH BLVD. BEACH, BOYNTON FLORI T 1, 2014, AT PRESENT: Carol Dutra Ellis, Special Magistrate Diane Springer, Code Compliance Coordinator I. Call To Order Ms. Ellis, Special Magistrate, called the meeting to order at 9:01 a.m. She 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. Approval of August 20, 2014, Minutes with Corrections and September 17, 2014, Minutes The following corrections were made to the August 20, 2014, minutes: • Page 2, Case No 14 -644, the Respondent should be: " FAiR t ra e d4 e c E + Ellington and Shirlene Beckles" • Page 16, 14 -1370, the Decision should read. "with a $200 a-day fine thefeaftef per occurrence. • Page 26, 14 -483, the table date should read: " .. the following case be tabled to September 974-9, 2094:" There were no corrections to the September 17, 2014, meeting minutes. Ms. Ellis approved the minutes. III. Approval of Agenda Skip Lewis, Senior Code Compliance Officer, announced the following changes to the agenda: Case Nos: 14 -1918, 14 -1926, 14 -2045 and 14 -1979 complied Ms. Ellis approved the agenda with the amendments noted. MEETING MINUTES CODE COMPLIANCE SPECIAL MAGISTRATE HEARINGS BOYNTON BEACH, FLORIDA OCTOBER 15, 2014 IV. SWEARING OF WITNESSES AND INTRODUCTION The Minutes Specialist administered an oath to all those intending to testify. V. NEW BUSINESSES A. CASES TO BE HEARD (RESPONDENTS PRESENT) Diane Springer, Code Compliance Coordinator, announced the Respondents who were present. The cases heard are as follows: Case No. 1 -1198 Jose L. & Linda T Santiago Property Address: 617 SE 1 st Street Violation(s): CO CH 15 SEC 15- 120(D) Install a driveway to meet City Code. Courtney Cain, Code Compliance Officer, presented the case for the above captioned violation which arose from a routine inspection. The initial inspection date was May 19, 2014, which revealed a new driveway needed to be installed. Written notice was sent giving 30 days to correct the violation and the green card was returned signed, but undated. The premises were last inspected October 14, 2014. Jose Santiago, 617 SE 1 st Street, the owner, requested more time. He had a recent death in the family. He agreed the driveway needed to be addressed, and he has been improving the home since he purchased it. Mr. Santiago was out of work for two years and would have addressed the driveway immediately if he had the funds. He requested an extension until the end of the year. Officer Cain had no objections to the extension. Mr. Santiago confirmed he received notice of the hearing. Decision Given the testimony by the City, Ms. Ellis ordered a compliance date of December 31, 2014, and a fine of $100 a day thereafter. Case No. 1 -1859 Gary & Ena Brockett Property Address: 119 SE 6 Avenue Violation(s): BBA FBC 2010 ED 105.1 Permit required for all interior remodeling as noted in red tag. Officer Cain presented the case for the above captioned violation. The case was a City department referral. The initial inspection date was August 12, 2014. Initial written 2 MEETING MINUTES CODE COMPLIANCE SPECIAL MAGISTRATE HEARINGS BOYNTON BEACH, FLORIDA OCTOBER 15, 2014 notice was sent giving 30 days to comply. The green card was signed, but undated. The property was last inspected on October 14, 2014. Gary Brockett, 119 SE 6th Avenue, explained he had the receipt for his permit application. He anticipated receiving the permit in five days. Ms. Ellis and Officer Cain viewed the application receipt. Ms. Ellis received confirmation from the Respondent that he received proper notice. Decision Given the testimony by the City and the Respondent, Ms. Ellis ordered a 10 -day compliance date of October 25, 2014, or a $50 a day fine thereafter. Case No. 14 -1906 Inlet Plaza Property Address: 1808 N. Federal Highway Violation(s) LDR CH4 ART III SEC 11 CO CH15 SEC 15- 120(D) INC. CO CH10 SEC 10 -56 (B) and (D) CO CH10 SEC 10 -58 (D) CO CH10 SEC 10 -59 (D) Repair all broken sign frames /structures on building, paint main sign structures on N. Federal Highway. Patrick Hart, Code Compliance Officer, presented the case for the above captioned violations which arose from a citizen complaint. The initial inspection date was August 13, 2014. The property was a commercial property. Written notice was sent on August 13, 2014, giving 30 days to correct the violations. Notice was posted on the premises and at City Hall on October 2, 2014. Officer Hart had photographs of the violations and the last inspection occurred on October 14, 2014. Hop Kemener, Principal of the Plaza, requested an extension to cure the violations. He explained there was a cash flow issue and they try to remain in compliance. He requested 90 days, and he confirmed he received written notice of the violations. Mr. Kemener explained only the trash was removed, but there are ongoing trash issues. Officer Hart had no objection to the 90 -day extension. Ms. Ellis and Mr. Kemener viewed photographs of the violations. Decision Based on the testimony of the City provided, Ms. Ellis ordered a 90 -day compliance date of January 13, 2015, and a fine of $200 a day thereafter. She emphasized it was important to update the City on his progress and ensure the issues were addressed. 3 MEETING MINUTES CODE COMPLIANCE SPECIAL MAGISTRATE HEARINGS BOYNTON BEACH, FLORIDA OCTOBER 15, 2014 Case No. 1 -1929 Inlet Plaza — Good Samaritan Alliance Church Property Address: 1880 N. Federal Highway Violation(s): CO CH13 SEC 13 -16 Business must apply for and pass inspection for Business Tax Receipt. Officer Hart presented the case for the above captioned violation which arose from a citizen complaint. The initial inspection date was August 14, 2014. The Respondent was a repeat violator. Written notice was sent on August 14, 2014, giving 10 days to correct the violations. Certified mail was sent on September 8, 2014, and the green card was signed, but undated. Officer Hart spoke with the tenant who is out of the country and wanted more time to correct the violations. The property was last inspected on October 14, 2014. Staff recommended 10 days be given to correct the violation and a fine of $250 a day thereafter. Hop Kemener, Principal of the Plaza, explained he was attempting to get the tenant to comply. They have been operating for several years. He understood they had a Business Tax Receipt. Officer Hart confirmed they had a license, but it had expired. No one from the church was present. Decision Ms. Ellis ordered a 15 -day compliance date due to the tenant occupying the premises for some time. The compliance date was October 30, 2014, and the fine was $250 per day thereafter. Ms. Ellis could not give an opinion of whether Mr. Kemener could evict the tenant as the terms were based on the lease. Case No. 1 -1703 Brook Invest LLC Property Address: 3015 Church Hill Drive Violation(s): BBA FBC 2010 ED 105.1 Permits required for interior remodel as noted in the red tag. Vestiguerne Pierre, Code Compliance Officer, presented the case for the above captioned violation. He explained notice was provided by the certified mail, green card, which was signed and dated September 16, 2014. Tim Polovina, a partner with Brook Invest LLC, explained this pertained to a demolition permit which has been in the Building Department. He requested a 30 -day extension. He explained TML Construction was the general contractor. Mr. Polovina originally attempted to obtain a permit as an owner, but the demolition was already done and he was unaware he needed a demolition permit, although he had obtained 4 MEETING MINUTES CODE COMPLIANCE SPECIAL MAGISTRATE HEARINGS BOYNTON BEACH, FLORIDA OCTOBER 15, 2014 dumpsters. He had already been to the Building Department and later spoke with Code Compliance. The matter was close to resolution and he hoped he would obtain the permit in the next week. Mr. Polovina confirmed he received notice of the violation. Decision Based on the testimony given, Ms. Ellis ordered a 30 -day compliance date of November 14, 2014, and a fine of $200 a day if not complied by then. Case No. 1 -1740 Alex & Sultane Mesidort Property Address: 3618 SE 2nd Court Violation(s): CO CH15 SEC 15- 120(D) INC CO CH 10Sec 10 -52 Fix all broken windows. Remove unregistered /inoperable vehicles from the property. Officer Pierre presented the case for the above captioned violations. Notice was confirmed via the certified mail green card dated September 13, 2014. Staff recommended 30 days to comply. Alex Mesidort, 3618 SE 2 " Court, the owner, explained he tried to move the vehicles. There was one left, but he misplaced the title so he was applying for a duplicate title. He planned to send the vehicle to Haiti. He was attempting to fix the windows, but needed more time. Mr. Misidort confirmed he received written notice. He requested more time to correct the violations; however, Ms. Ellis found 30 days to be sufficient. Decision Ms. Ellis ordered a 30 day compliance date of November 14, 2014, due to a safety issue with the windows, and a $100 a day fine thereafter. Case No. 1 -1827 Kalince Die & Timothy Jeanty Property Address: 227 Gateway Boulevard Violation(s): CO CH13 SEC 13 -16 BBA FBC 2010 ED 105.1 Secure permits for unsafe electric in the back bedroom addition, ceiling fan, dryer receptacle. Install missing smoke detectors as stated on the red tag. Apply for and pass inspection for Business Tax Receipt. Glenn Weixier, Code Compliance Officer, presented the case for the above captioned violations which arose from a routine inspection. The initial inspection date was August 5 MEETING MINUTES CODE COMPLIANCE SPECIAL MAGISTRATE HEARINGS BOYNTON BEACH, FLORIDA OCTOBER 15, 2014 6, 2014, and written notice was sent the same day giving 30 days to correct the violations. Notice was effected via certified mail green card signed on September 15, 2014. The property was last inspected on October 14, 2014, and staff recommended 30 days be given to correct the violations and a fine of $50 a day thereafter. alince and Fiore Die, 227 East Gateway Boulevard were present. Ms. Die has been in touch with Officer Weixler to obtain the permits. The property was an investment property and she did not know about the issues. When notified, they applied and she had a printout proving they applied for the permits. They hired an architect and engineer and were waiting for the review process to be over. They also hired a contractor to address the issues and the matter was a timing issue. As soon as the permits are received, the work would be done. She requested 90 days and advised the property is currently vacant. Ms. Ellis inquired why 90 days was needed. Ms Die did not know how long it would be before the permit would be received and there were changes made by the architect. The Respondent confirmed they received written notice regarding the violations and explained the property was obtained last April. Decision Since the property was vacant, Ms. Ellis ordered a 45 -day compliance date of November 29, 2014, and a fine of $200 a day thereafter. Ms. Ellis explained the premises cannot be rented until a permit is obtained as there is a public safety issue. Case No. 14 -1829 Todd A. Arnold Property Address: 405 NE 23 Avenue Violations: CO CH10 SEC 10 -52 BBA FBC 2010 ED 105.1 Secure canopy structure or get the required building permit. Remove all unregistered cars from property. Officer Weixler presented the case for the above captioned violations. The case arose from a routine inspection. The initial inspection date was August 6, 2014. The Respondent was not a repeat violator, but there were recurring violations at the premises. Written notice was sent August 6, 2014, giving 10 days to correct the violations. Service was obtained by posting on August 6, 2014. Regular mail was also sent August 6, 2014. Officer Weixler advised the Respondent corrected the violations. The canopy was removed when he inspected on October 14, 2014, and the vehicles in the backyard were registered. He requested a Cease and Desist Order for the canopy and inoperable vehicles. On April 2, 2013, a citation was issued for inoperable vehicles, tires, trash and debris, and an auto dealer shop not allowed. On December 11, 2013, he was cited for inoperable vehicles. On June 6, 2014, he was cited for inoperable 6 MEETING MINUTES CODE COMPLIANCE SPECIAL MAGISTRATE HEARINGS BOYNTON BEACH, FLORIDA OCTOBER 15, 2014 vehicles and a canopy structure. The present case was for inoperable vehicles and the canopy structure. Mark Arnold, 405 NE 23 Avenue, was the designee for the property as he was purchasing it from his brother, Todd Arnold. He requested a transcript of the proceedings and had a list of individuals to subpoena to testify on his behalf. Ms. Ellis reviewed the list with Mr. Arnold to determine the basis for the subpoena. Based on that information, or other information she deemed relevant, she would decide how to proceed. Mr. Arnold explained it would be helpful for Ms. Ellis to understand the context of the witness list and his point of view. He explained the 5 th Amendment of the Constitution was clear an individual cannot be deprived of life, liberty, and the pursuit of happiness or property without due process. He contended the City was trying to remove due process from the entire Code Enforcement procedure by issuing a Cease and Desist order which allows the City to fine, just because they think there is a violation. Mr. Arnold pointed out Officer Weixler stated in his presentation there were no violations currently on the property. Mr. Arnold explained there was never a fine imposed during his term of ownership of the property, and there were multiple violation notices in the absence of violations. He asserted the City was citing violations that did not exist under the Code, and many of the witnesses would be called to testify about what the Code says, and what does and does not constitute a violation. Mr. Arnold commented he attempted numerous times to sit with City representatives to read the Code with them so they would understand the violations did not exist and they never did. In spite of violations that did not exist, he worked with the City in every case and removed items he was not required to remove such as the canopy. He opined what the City deemed as an inoperable car, which did not meet the definition of an operable car, was moved anyway, and there was no Code section prohibiting one from having a canopy, which he still removed. Mr. Arnold commented this was not a pattern of repeat violations; it was a pattern of harassment by the City. This was the reason for the witness list. Ms. Ellis explained part of the reason to have a Magistrate was for her to analyze the facts in terms of the Code. As far as subpoenaing other individuals, she would look at the Code and the facts and make a determination whether or not a violation occurred. Mr. Arnold explained he was pretty sure he was allowed to subpoena witnesses, which Ms. Ellis clarified as long as there was a basis to do so and as long as she made a determination that their testimony would be relevant. Ms. Ellis would need to know if the individuals on the list had any involvement with the case. 7 MEETING MINUTES CODE COMPLIANCE SPECIAL MAGISTRATE HEARINGS BOYNTON BEACH, FLORIDA OCTOBER 15, 2014 Lori LaVerriere, City Manager, was on the witness list because Mr. Arnold felt the City had consistently denied him due process in responding to the complaints. The City issued citations, and on the citation it specified he has the right to request a hearing. As the City Manager, Mr. Arnold sent her a certified letter, within the specified five -day period, requesting a hearing. The hearing was not granted. He was denied due process, and they have done that several times. Carl Swierzko, Chief Field Inspector, was on the subpoena list. Mr. Arnold was cited for having a canopy, and the canopy was not there as confirmed by Officer Weixler. Additionally, Mr. Arnold's original citation indicated he needed a building permit. Mr. Arnold went to the Building Department and spoke with Mr. Swierzko, who indicated there was no permit required and there is no Ordinance prohibiting a canopy structure as long as it was not attached to the building, and his was not. He had indicated there was no compliance issue. In spite of that fact and it was legal, Mr. Arnold still removed the canopy. Mr. Arnold explained he went the extra mile and cooperated with the City to make the problem go away, and now Officer Weixler was requesting a Cease and Desist Order as if Mr. Arnold was trying not to comply. Skip Lewis, Senior Code Compliance Officer, would be available for questioning. Sergeant Sheridan was on the subpoena list. Mr. Arnold explained he was one of the officers involved in filing the violation notices when there were no violations. Sergeant Sheridan was also the subject of a complaint Mr. Arnold filed against the City. Mr. Arnold believed part of his case regarding the City continuing to issue frivolous violation notices was that Mr. Arnold had filed a complaint against Sergeant Sheridan. Sergeant Sheridan had a car towed illegally. He filed a complaint with the City and Chief Katz approved a reimbursement of that tow. Chief Katz was also on the subpoena list for the same reason. The Chief was familiar with the complaint filed, and he approved the reimbursement of the illegal tow. Mr. Arnold explained on at least two occasions, the City illegally towed his vehicles in direct violation of the City's Ordinances. Also on the subpoena list was Glenn Weixler, Code Compliance Officer. Mr. Arnold explained he had, on numerous occasions, asked Officer Weixler to sit with him and read the Code. Officer Weixler refused and Mr. Arnold wanted Officer Weixler to cite the provision that he was violating. Mr. Arnold asserted there was no violation. Ms. Springer, Code Compliance Coordinator, was on the subpoena list because she was involved in the complaint against Sgt. Sheridan. When he requested information from the Police Department who had the car illegally towed, the Police Department indicated it was towed by Code Enforcement. Ms. Springer is a supervisor in the Code Enforcement Division, and she advised the Code Enforcement Division had nothing to do with the tow. When he obtained the report from the Officer who ordered the tow, he did it on the orders of Sgt. Sheridan, and then they denied involvement. 8 MEETING MINUTES CODE COMPLIANCE SPECIAL MAGISTRATE HEARINGS BO YNTON BEACH, FLORIDA OCTOBER 15, 2014 Tanya, the Code Enforcement Receptionist, was being subpoenaed because she had indicated to Mr. Arnold, on numerous occasions that the Code Enforcement Department had nothing to do with the tow, when they had ordered it. Police Officers Jean and Patnic were on the list. Mr. Arnold explained he did not have the Officers' full names because they do not use full names on the report; rather they only put a designation on the report. Those Officers were on the scene of the illegal tows and they were familiar with who ordered them and why. Ms. Ellis explained, based on Mr. Arnold's testimony, the Cease and Desist hearing would be tabled until next month. Mr. Arnold's witnesses would not testify today. She explained it was her responsibility to review the Ordinances. If the Cease and Desist hearing moved forward, she would be the individual to make a finding of whether or not there was a violation. In terms of the subpoena, she needed time to review the transcript and testimony in order to make a determination whether she would issue subpoenas and she would submit a written order on the subpoenas before the next month. Everything was on hold at the moment. Ms. Ellis commented she appreciated Mr. Arnold's testimony and background information. Decision Ms. Ellis tabled the Cease and Desist hearing on November 19, 2014, and with respect to the subpoena list, Ms. Ellis would issue a written order regarding whether she would be issuing subpoenas. Mr. Arnold requested confirmation the matter would be heard on November 19, 2014. Ms. Ellis confirmed it would and one of three things would occur at that time; she would either make a ruling at that hearing, take everything under advisement and submit a written order, or she could table the matter again. Ms. Ellis returned the subpoena list to Mr. Arnold. As to the transcript, the City Clerk could provide it to him. Ms. Springer advised cases Nos 13 -82 and 13 -82 were tabled to this meeting. At the Petitioners request, they were tabled to the November 19, 2014 meeting. Case No. 13 -310 Roy Dean 2601 N E 3rd Court #102 Ms. Springer presented the case. The Notice of Violation was sent on March 1, 2013, for a demolition permit for work done in an apartment. The case was heard on May 15, 2013, and no one appeared. The compliance date and fine, was to comply by May 30, 2013, or a fine of $100 a day would be imposed thereafter. The violations were 9 MEETING MINUTES CODE COMPLIANCE SPECIAL MAGISTRATE HEARINGS BO Y N TON BEACH, FLORIDA OCTOBER 15, 2014 corrected on September 22, 2014, accruing a fine of $54K and administrative costs of $634.12. Ms. Springer was contacted in September and she explained what needed to be done. Mr. Dean obtained the permit on September 22, 2014. There were outstanding taxes of $4,303, and the permit was finalized on September 29, 2014, the taxes were paid on October 2, 2014, and the property passed the lien reduction inspection on October 1, 2014. Roy Dean, 2601 NE 3rd Court, Unit 102, owner ,explained when he purchased the property it was an "as is" sale. The property had water damage, which the Association wanted him to resolve. He did not know he needed a permit. The property management firm took over so he did not get the notices from the City regarding the permit or the fine. When he received that information, he hired an architect and a contractor to pull the permits. Since then, he went to the Tax Collector and Property Appraisers office and updated his contact information. The letters were sent to the premises and he lives in Broward. He purchased the property in 2007 and it had not been rented. Discussion followed the notice was sent to the address of record. He learned about the violation when the property was posted. Mr. Dean spoke to the mailman because the association said they sent him correspondence he never received, and he updated his address with the post office. All the work was completed and the permit was approved .. Ms. Ellis explained it was the owner's responsibility to update their contact information. Decision Ms. Ellis reduced the lien to $1,000 plus the $634.12. Mr. Dean explained Boynton Beach has been very helpful, expedient and kind. He appreciated the help of Code Compliance. Case No. 09 -2110 Olga L & Cristian Saavedra 1021 Grove Park Circle Ms. Springer advised a Notice of Violation was sent on June 30, 2009, regarding a Business Tax Receipt. The case was heard on September 16, 2009, and no one appeared. The compliance date and fine set was October 1, 2009, or a fine of $50 a day would be imposed thereafter. The violations were corrected on October 10, 2014, accruing a fine of $91,300, plus administrative costs of $634.12. The compliance date was based on the day the inspection was completed, but the Respondent had advised the property was vacant prior to that, so the Business Tax Receipt would not have been required. The compliance date was the date compliance was verified. 10 MEETING MINUTES CODE COMPLIANCE SPECIAL MAGISTRATE HEARINGS BOYNTON BEACH, FLORIDA OCTOBER 15, 2014 Ms. Springer was contacted in early October. The lien reduction inspection occurred on October 5, 2014. There were two outstanding water bills totaling $850 that had to be paid, and all else was fine. Constance Rao, the broker representing the property, was administered an oath. She explained she was trying to effect a short sale. The property is under contract, and there is also a pending foreclosure sale. November 24, 2014, was when the window of opportunity would close. There were numerous contracts and three different lender servicing agents. She spent hundreds of dollars of her own money hoping to make a Commission. The owners live out of state and the property was never rented, although the owner's daughter did reside in the premises for a short time, and left in early 2014. Ms. Rao hoped the lien reduction would be substantial, otherwise there would be no short sale and there were thousands of man hours involved. Negotiations were so difficult, she actually hired a professional negotiator. The property was an investment property; however, the market fell immediately after the owners purchased it. In addition to the water bill, nearly $5,000 in fines were paid to the Homeowner's Association. The contract that was accepted by the bank was for $300,000 and the original price was $527,000. The new owner knows he has to invest about $20,000 into the home. The exterior was in pristine condition because the Homeowner's Association maintained it. Decision Given the testimony, Ms. Ellis reduced the $91,300 lien to $3,000 plus administrative costs of $634.12. Ms. Rao did not know if it could close with that amount. The bank would not pay the amount and the owners did not have the money. If it sold, she would only earn $4,500. Ms. Ellis explained the bank was recapturing their loss. The owners were walking away from a quarter million dollars of debt and may possibly have their deficiency waived. A short sale was not mandatory and the owners were receiving a substantial benefit. She understood the broker put in many hours, but she could not justify eliminating the lien. The reduction stood at $3,000 plus $634.12 in administrative fees. Case No. 11 -2388 Frandieu Nazaire 607 S. Seacrest Boulevard Ms. Springer presented the case. The Notice of Violation was sent August 30, 2011, for a permit for a carport enclosure. The case was heard November 16, 2011, and Mr. Nazaire appeared. The compliance date and fine set was January 15, 2012, and a fine of $100 a day thereafter. The case complied August 28, 2013, accruing a fine of $59,000 and administrative costs of $730.15. Mr. Nazaire had an outstanding water bill of $136 that had to be paid. Ms. Springer was contacted in early September for a lien reduction inspection. He had to paint new 11 MEETING MINUTES CODE COMPLIANCE SPECIAL MAGISTRATE HEARINGS BOYNTON BEACH, FLORIDA OC 15, 2014 stucco, replace rotted soffit, missing screens, remove trash and debris, outside storage, repair the driveway and fence, repair or remove open electrical, obtain a permit for interior renovations and sod the bare areas on the front lawn and on the north side. Ms. Springer was contacted on September 22, 2014, for a re- inspection and the sod had not been installed. It was re- inspected on October 10, 2014, and the property was eligible for the lien reduction. Frandieu Nazaire explained he purchased the property from the bank in "as is" condition. He then learned there was a Code violation. It took him some time to fix the property because he had to get the money to hire a contractor and get the permit. He was happy everything was completed. He purchased the property in 2011 and the property had been vacant. Ms. Ellis requested clarification why he could not meet the compliance deadline. Mr. Nazaire explained he had to hire an architect and licensed contractor. He spent more than $45K in repairs to the property, but he did not bring proof of the cost of the repairs. Decision Ms. Ellis tabled the case to the next meeting to allow Mr. Nazaire time to collect and provide to the City information on what was spent to improve the property. Case No. 13 -1049 Bank of America 14 Las Islas Ms. Springer presented the case. The Notice of Violation was May 15, 2013. The case was heard on July 17, 2013, and no one appeared. The Respondent was to register as a foreclosed property, remove trash, debris and outside storage, maintain the yard, trim bushes, hedges and overgrowth, mow and weed, repair or replace open electric, missing or torn screens, exterminate rodents in and around the home and make the back porch and home sanitary. The compliance date and fine set was July 27, 2013, or a fine of $750 a day would be imposed thereafter. The violations were corrected on October 1, 2014, accruing a fine of $322,500, plus administrative costs of $634.12. In order to be eligible for lien reduction, the Respondent paid the water bill. Ms. Springer was contacted in July, but the case was not in compliance because the original violations were not addressed. In addition to those violations, the Respondent had to repair the fence, the gates had to self -latch and self - close, the palm trees and other horticulture had to be trimmed, the sprinkler system had to be repaired and the front yard had to be sodded. The property was re- inspected on August 27, 2014, and the Code Officer found the air conditioning and the pool pumps were installed without permits. The property was re- inspected on October 1, 2014, and all the violations were corrected and the permits 12 foe I off w w • •w MEETING MINUTES CODE COMPLIANCE SPECIAL MAGISTRATE HEARINGS BOYNTON BEACH, FLORIDA OCTOBER 15, 2014 and a professional company handled the mold remediation. Then the interior renovations were started. He did not know if he needed a permit, and was told if it was replacing drywall, a permit was not needed, but he found out from the City's inspector a permit was needed. He contacted the City and the issue was immediately addressed. Mr. Lee had letters from the neighbors for Ms. Ellis to review, and he requested the fine be reduced to administrative fees only. Ms. Ellis viewed the letters. Mr. Lee explained the home was vacant and he did not know if the property would be rented or listed. He spent $97,000 and the value of the property was $180,000 to $200,000. The previous property owner had a $1 million lien, but the bank foreclosed on the property and the City had to recite the bank. Then Mr, Lee purchased the property from the bank. Decision Given the testimony by the Respondent and the evidence reviewed, Ms. Ellis reduced the lien to $1,000 plus administrative costs of $634.12. Case No. 13 -1416 Bank of New York Mellon 1018 W. Fairfax Circle Ms. Springer explained the Notice of Violation was sent on July 1, 2013, regarding registering a foreclosed property, repairing the roof and all damage from the roof, replace rotted wood exterior, remove all horticultural debris, mow, weed and trim all overgrowth, remove bee and rodent infestations and replace missing window screens. The case was heard September 18, 2013, and no one appeared. The compliance date to correct the violations was by September 28, 2013, or a fine of $1,000 a day would be imposed thereafter. The violations were corrected on August 21, 2014, accruing a fine of $326,000 plus administrative costs. The roof had a very large hole it in, covered by blue tarp which caused interior damage. The violation was caused by the drywall. Mr. Lee explained there was some overlapping with the prior lien. He addressed the repair and requested the lien be eliminated and only administrative costs be imposed. Decision Based on the testimony, Ms. Ellis reduced the lien to $1,000 plus administrative costs of $634.12. Case No. 1 -1487 Antoine Luc Jean - Charles Est. and Phalante Jean - Charles Property Address: 323 SW 3 rd Avenue Violation(s) CO CH10 SEC 10 -56 (A) and (D) CO CH15 SEC 15- 120(E) INC 14 MEETING MINUTES CODE COMPLIANCE SPECIAL MAGISTRATE HEARINGS BO Y N TON BEACH, FLORIDA OCTOBER 15, 2014 Remove blue tarp, repair roof, and install four -inch house numbers on home. Officer Cain presented the case for the above captioned violations. The case arose from a routine inspection on June 23, 2014. The tarp was removed and the house numbers were installed. Only the roof repair needed to be addressed. Written notice was sent giving 30 days to correct the violations. Notice was posted on the property and City Hall on September 24, 2014. The violation is a health and safety matter. Staff recommended 15 days be given to correct the violations or a fine of $100 would be imposed thereafter. Marie Francis was administered an oath, and advised her mother wrote a letter authorizing her to be present. She and her mother live at the premises and Ms. Francis confirmed her mother received the notice. When she received the letter, she went to City Hall and spoke with Debbie Reamsnyder from Community Improvement. Ms. Reamsnyder requested documents to ascertain whether they qualified for assistance. Ms. Francis commented she thought Ms. Reamsnyder may have thought they had received an extension. They had the blue tarp on the roof for a while, and when Ms. Francis received the notice of hearing, the tarp was removed. So far, her mother has not been qualified for assistance. The numbers were posted on the home. Ms. Ellis explained the City recommended a 15 -day extension; however, Ms. Francis did not think that would be enough time. The roof damage was extensive and Officer Cain also agreed 15 days would not be enough time to obtain a permit or contractor. Ms. Francis acknowledged all the rooms in the house had leaks from the roof. Officer Cain explained the safety issue was the water getting into the electrical system. Ms. Francis noted her mother planned to fix the violation, but did not have enough funds. They had anticipated they would receive assistance from the City and did not qualify. Three individuals live in the home and they were all working. Ms. Francis explained her mother hoped the matter could wait until the tax season. Ms. Ellis reviewed paperwork showing assistance from the City was denied. The damage to the roof occurred because the roof was old and it had deteriorated. The sheetrock was off and was now down to tar paper. The damage did not occur as the result of a storm. Decision Ms. Ellis gave a 30 -day compliance date of November 14, 2014, and a fine of $100 a day. She advised it would be an expensive repair, but it is a safety issue and it could cause a fire. This was dangerous for the house, residents, and the entire neighborhood. 15 MEETING MINUTES CODE COMPLIANCE SPECIAL MAGISTRATE HEARINGS BOYNTON BEACH, FLORIDA OCTOBER 15, 2014 Ms. Francis advised she would convey the information to her mother when she returned from Haiti the next week. Ms. Ellis suggested she call her with the information as she was bound by her decision. Case No. 1 -1701 Gary & Ena Brockett Property Address: 229 W. Ocean Avenue Violation(s): COCH13 SEC 13 -16 Apply for and pass inspection for Business Tax Receipt for rental property. Mow front and rear yard, weed and trim all hedges and trees, sod yard, move all trash and debris from the property. Officer Cain presented the case for the above captioned violations which rose from a routine inspection on July 21, 2014. Only the Business Tax Receipt remained outstanding as the property was mowed. Written notice was sent giving 10 days to correct the violations and the certified mail green card was signed on September 16, 2014. The property was last inspected on October 14, 2014. Staff recommended 10 days be given to correct the violations and a fine of $200 a day thereafter. Decision Seeing no one in the audience to speak on the matter, and finding proper notice was given to the Respondent, Ms. Ellis ordered a 10 -day compliance date of October 25, 2014, and a $200 a day fine thereafter. Case No. 1 -2042 Frank and Patricia Maloney Property Address: 407 S. Federal Highway Violation(s): CO CH 13 SEC 13 -16 Business operating without Business Tax Receipt. Officer Cain advised this case complied. Case No. 14 -1985 I3 Property Florida LP Property Address: 1818 NE 6 th Street Violation(s): CO CH 13 SAEC 13 -16 Apply for and pass inspection for Business Tax Receipt for rental property. Officer Hart presented the case for the above captioned violation. The Respondent was a repeat violator. Written notice was sent regular mail on August 20, 2014. Certified 16 MEETING MINUTES CODE COMPLIANCE SPECIAL MAGISTRATE HEARINGS BOYNTON BEACH, FLORIDA OCTOBER 15, 2014 mail was sent September 9, 2014, and the green card was dated September 24, 2014. Staff recommended 10 days and a fine of $200 a day. Decision Seeing no one in the audience to speak on the matter, based on the testimony and finding proper notice was given to the Respondent, Ms. Ellis ordered at 10 -day compliance date of October 25, 2014, and a fine of $200 a day. Case No. 14 -2049 Elance Frazier Property Address: 212 NE 15 Avenue Violation(s): CO CH15 SEC 15- 120(A) and () Mow, weed and trim overgrowth. Remove trash and debris. Remove /trim tree blocking sidewalk, remove grass /weeds growing over sidewalk. Officer Hart presented the case for the above captioned violations. Notice was sent via regular mail on August 29, 2014, and was posted at City Hall on October 2, 2014. Staff recommended 10 days be given to correct the violations and a fine of $100 a day thereafter. Decision Seeing no one in the audience to speak on the matter, and finding proper notice was given to the Respondent, Ms. Ellis ordered 10 -day compliance date of October 25, 2014, with a $100 a day fine. Case No. 14 -1234 RS13 Venture Inc. Property Address: 1701 S Congress Avenue Violation(s): CO CH10 SEC 10 -56(B) LDR CHI ART III SEC 4 Remove unpermitted clothing bins, trash, debris and used pallets from property. Repair pot holes in parking lot and driveways. Maintain landscaping per code requirements. Officer Lewis presented the case for the above captioned violations. Proof of service was by the certified mail, green card on August 27, 2014. Staff recommended 10 days be given to correct the violations and a fine of $100 a day. 17 MEETING MINUTES CODE COMPLIANCE SPECIAL MAGISTRATE HEARINGS BOYNTON BEACH, FLORIDA OCTOBER 15, 2014 Decision Seeing no one in the audience to speak on the matter, and finding proper notice was given to the Respondent, Ms. Ellis ordered a 10 -day compliance date of October 25 2014, with a $100 a day fine thereafter. Case No. 14 -1898 First Horizons Home Loan Property Address: 2531 SW 13 Court Violation(s): CO CI-11- SEC 10 -56 (A), (B), (C) & (D) CO CH10 SEC 10 -51.5 INC. Repair roof, restore pool to a sanitary condition, remove trash, debris, tires and exterior storage. Property that is vacant or subject to a current notice of default must be registered and maintained per City Code. Officer Lewis presented the case for the above captioned violations. Notice was sent to the Bank on September 11, 2014. Staff recommended 45 days be given to correct the violations and a fine of $100 a day thereafter.. Decision Seeing no one in the audience to speak on the matter, and finding proper notice was given, Ms. Ellis ordered 45 day compliance date with a $200 a day fine thereafter due to the pool. Case No. 14 -1947 Olen Residential Realty Corp. Property Address: 2301 S. Congress Avenue Violation(s): LDR CH2 ART II SEC 2F1133 LDR CH3 ART III SEC 4 Mark all handicap parking spaces and install signs in accord with recent parking lot plan on file with the City. Modifications require approval and inspection by City staff. Officer Lewis presented the case for the above captioned violations. Service was obtained by posting the property on October 6, 2014. Staff recommended 30 days be given to correct the violations and a fine of $100 a day. 18 MEETING MINUTES CODE COMPLIANCE SPECIAL MAGISTRATE HEARINGS BOYNTON BEACH, FLORIDA OCTOBER 15, 2014 Decision Seeing no one in the audience to speak on the matter, and finding proper notice was given to the Respondent, Ms. Ellis ordered a 30 -day compliance date of November 14„ 2014, and a $100 a day fine thereafter. Case No. 14 -2014 Pelican Estates Inc. Finnish Granite Group Property Address: CO CH13 SEC 13 -16 Violation(s): Tenant operating without a Business Tax Receipt. Officer Lewis presented the case for the above captioned violation. The Respondent is a repeat violator. The initial inspection date was August 25, 2014. Service was obtained by posting on October 6, 2014. Staff recommended 15 days be given to correct the violation and a $200 a day fine thereafter. Decision Seeing no one in the audience to speak on the matter„ and finding proper notice was provided to the Respondent, Ms. Ellis ordered a 15 -day compliance date of October 30, 2014, and a $200 a day fine thereafter. Case No. 14 -2022 Pro Serve Industries Inc. Property Address: 1202 SW 21 Avenue Violation(s): BBA FBC 2010 ED 105.1 Permits required for re- roofing and any interior repairs of water damage. Officer Lewis presented the case for the above captioned violations. Service was obtained September 18, 2014, and the certified mail green card was signed October 30, 2014. Staff recommended 15 days and a fine of $200 a day. Decision Seeing no one in the audience to speak on the matter, and finding proper notice was given by the City to the Respondent, Ms. Ellis ordered a 15 -day compliance date of October 30, 2014, with a $200 a day fine thereafter. Case No. 1 -1515 Rockwell Management LLC Property Address: 333 SE 23 Avenue Violation(s): CO CH10 SEC 10 -56 (C) CO CH15 SEC 15- 1230(D) INC CO CH13 SEC 13 -16 19 MEETING MINUTES CODE COMPLIANCE SPECIAL MAGISTRATE HEARINGS BOYNTON BEACH, FLORIDA OCTOBER 15, 2014 Apply for and pass inspection for Business Tax Receipt, clean and maintain pool in sanitary condition, fix screen, remove debris in patio and on property, repair driveway apron, rotted fascia and sod bare spots in yard. Officer Pierre presented the case for the above captioned violations. Staff recommended 30 days be given to correct the violations, by November 14, 2014, and a fine of $100 a day. Decision Seeing no one in the audience to speak on the matter, and finding proper notice was given by the City to the Respondent, Ms. Ellis ordered a 30 -day compliance date of November 14, 2014, and a fine of $200 a day thereafter due to the pool. Case No. 14 -1899 Karen Schiff Property Address: 3566 S. Lake Drive Violation(s): CO CH10 SEC 10 -56 (C) and (D) CO CH13 SEC 13 -16 CO CH15 SEC 15- 120(D) INC Trim overgrown hedges, remove all debris from property including refrigerator. Clean and maintain pool in a sanitary condition, install minimum size -four inch house numbers on building to be visible from the Street, repair all light fixtures, apply for and pass inspection for Business Tax Receipt for rental property Officer Pierre presented the case as stated in the Notice of Violation. Staff recommended 15 days be given to correct the violations and a fine of $50 a day. Decision Seeing no one in the audience to speak on the matter, and finding proper notice was given by the City to the Respondent, Ms. Ellis ordered a 15 -day compliance date of October 30, 2014, and a fine of $50 a day thereafter. Case No. 14 -1917 Fetlar LLC Property Address: 146 SE 27 Way Violation(s): CO CH 13 SEC 13 -16 20 MEETING MINUTES CODE COMPLIANCE SPECIAL MAGISTRATE HEARINGS BOYNTON BEACH, FLORIDA OCTOBER 15, 2 Mow and trim overgrown yard. Pass inspection for Business Tax Receipt for rental property. Officer Pierre presented the case as contained in the Notice of Violation. Staff recommended 10 days be given to correct the violations and a fine of $100 a day. Decision Seeing no one in the audience to speak on the matter, and finding proper notice was given by the City to the Respondent, and the Respondent was a repeat violator, Ms. Ellis ordered a 10 -day compliance date of October 25, 2014, and a fine of $500 a day thereafter. Case No. 14 -1935 Aurora Loan Services Property Address: 2709 SW 7 th Street Violation(s): CO CH10 SEC 10 -51.5 INC Weed driveway. Property that is vacant or subject to a current notice of default must be registered and maintained per City Code. Officer Pierre presented the case as contained in the Notice of Violation. Staff recommended 10 days be given to correct the violations and a fine of $100 a day. Decision Seeing no one in the audience to speak on the matter, and finding proper notice was given by the City to the Respondent, Ms. Ellis ordered a 10 day compliance date of October 25, 2014, and a fine of $100 a day thereafter. Case No. 14 -1984 I1-12 Property Florida LP Property Address: 3205 Chapel Hill Boulevard Violation(s): CO CH13 SEC 13 -16 Apply for and pass Business Tax Receipt inspection for rental property. Officer Pierre presented the case as contained in the Notice of Violation. Staff recommended 10 days be given to correct the violation and a fine of $500 a day. Decision Seeing no one in the audience to speak on the matter, and finding proper notice was given by the City to the Respondent, Ms. Ellis ordered a 10 day compliance date of October 25, 2014, and a fine of $500 a day thereafter. 21 MEETING MINUTES CODE COMPLIANCE SPECIAL MAGISTRATE HEARINGS BOYNTON BEACH, FLORIDA OCTOBER 15, 2014 Case No. 14 -2067 Waterside at Boynton HOA Inc. Property Address: 3081 Waterside Circle Violation(s): CO CH15 SEC 15- 120(D) Inc. CO CH10 SEC 10 -56(A) Trim all trees and bushes above the street on Palmer Road. Remove dead branches hanging over the wall, paint the wall, and keep trees trimmed at all times. Officer Pierre presented the case as contained in the Notice of Violation. Staff recommended 30 days be given to correct the violations and a fine of $100 a day. Decision Seeing no one in the audience to speak on the matter, and finding proper notice was given by the City to the Respondent, Ms. Ellis ordered a 30 -day compliance date of November 14, 2014, and a fine of $100 a day thereafter. Case No. 14 -1675 Ka Hock D & Jeanne Go Property Address: 301 W. Boynton Beach Boulevard Violation(s): LDR CH3 ART III SEC 4 LDR Ch4 ART II SEC 4.A.13 Restore property to site plan on file with the City. Pete Roy, Chief Code and Rehabilitation Officer, presented the case as contained in the Notice of Violation. Service was made by posting on September 15, 2014. Staff recommended 10 days be given to correct the violations and a fine of $100 a day. Decision Seeing no one in the audience to speak on the matter, and finding proper notice was given by the City to the Respondent, Ms. Ellis ordered a 10 -day compliance date of November 14, 2014, and a fine of $100 a day thereafter. Case No. 14 -1788 Steven M. Harrier and Lawrence R. Rondon Property Address: 640 NE 6 th Court Violation(s): CO CH13 SEC 13 -16 Pass Business Tax Receipt inspection for rental property. 22 MEETING MINUTES CODE COMPLIANCE SPECIAL MAGISTRATE HEARINGS BOYNTON BEACH, FLORIDA OCTOBER 15, 2014 Officer Roy presented the case as contained in the Notice of Violation. Service was made by posting City Hall and the property on October 5, 2014. Staff recommended 10 days be given to correct the violation and fine of $100 a day. Decision Seeing no one in the audience to speak on the matter, and finding proper notice was given by the City to the Respondent, Ms. Ellis ordered a 10 -day compliance date of October 25, 2014, and a fine of $100 a day. Case No. 1 -1966 Boynton Beach Fifth Avenue Realty Property Address: 315 NE 5 Avenue Violation(s): CO CH15 SEC 15- 120(D) INC. CO CH10 SEC 10 -56 (A) and (B) Mow and trim overgrown property. Officer Pierre presented the case as in the Notice of Violation. Notice was provided by certified mail, green card, signed on September 15, 2014. Staff recommended 10 days be given to correct the violations and a fine of $200 a day. Decision Seeing no one in the audience to speak on the matter, and finding proper notice was given by the City to the Respondent, Ms. Ellis ordered a 10 -day compliance date of October 25, 2014, and a fine of $200 a day thereafter. Case No. 1 -1771 Doris Jones, Elizabeth Gambles Estate & Abigail Denson Property Address: 115 NW 6 Avenue Violation(s): CO CH10 SEC 10 -56 (A), (B), (C), & (D) Repair roof, windows and doors. Pressure clean and paint house and roof. Remove outside storage. Jeff Shickles, Code Compliance Officer, presented the case as contained in the Notice of Violation. Notice was made by posting the property on October 3, 2014. Staff recommended 15 days be given to correct the violations and a fine of $100 a day. Decision Seeing no one in the audience to speak on the matter, and finding proper notice was given by the City to the Respondent, Ms. Ellis ordered a 15 -day compliance date of October 30, 2014, and a fine of $100 a day thereafter. 23 MEETING MINUTES CODE COMPLIANCE SPECIAL MAGISTRATE HEARINGS BOYNTON BEACH, FLORIDA OCTOBER 15, 2014 Case No. 14 -1805 All Hankerson Est. Property Address: 320 NW 2 nd Street Violation(s): CO CH10 SEC 10 -56 (A), (B), and (D) CO CH15 SEC 15- 120(D) and (E) INC Mow overgrowth, remove outside storage, scrape and paint house, and sod bare areas of lawn. Officer Shickles presented the case as contained in the Notice of Violation. Notice was provided by signed certified mail, green card, dated September 11, 2014. The Respondent is a repeat violator. Staff recommended a 10 -day compliance date and a fine of $100 a day. Decision Seeing no one in the audience to speak on the matter, and finding proper notice was given by the City to the Respondent, Ms. Ellis ordered a 10 -day compliance date of October 25, 2014, and a fine of $200 a day fine thereafter due to the repeat violator status. Case No. 14 -1951 B.J. and Jacqueline Fitzpatrick Property Address: 220 NE 10 Avenue Violation(s): BBA FBC 2010 ED 105.1 Permit required for chain link fence in front of property. Officer Shickles presented the case as contained in the Notice of Violation. Notice was provided by the certified mail, green card, signed on September 24, 2014. Staff recommended 30 days be given to correct the violations and a fine of $100 a day. Decision Seeing no one in the audience to speak on the matter, and finding proper notice was given by the City to the Respondent, Ms. Ellis ordered a 30 -day compliance date of November 14, 2014, and a fine of $100 a day thereafter. Case No. 14 -1958 Nathaniel Robinson Property Address: 517 NE 15t Street Violation(s): CO CH15 SEC 15- 120(D) INC Remove all outside storage and inoperable vehicles from property and trim all overgrowth. Officer Shickles presented the case as in the Notice of Violation. Notice was sent via written mail on August 18, 2014 and service was obtained via the certified mail, green 24 MEETING MINUTES CODE COMPLIANCE SPECIAL MAGISTRATE HEARINGS BOYNTON BEACH, FLORIDA OCTOBER 15, 2014 card, signed September 1, 2014. Staff recommended 10 days be given to correct the violations and a fine of $100 a day. Decision Seeing no one in the audience to speak on the matter, and finding proper notice was given by the City to the Respondent, Ms. Ellis ordered a 10 -day compliance date of October 25, 2014, and a fine of $100 a day thereafter. Case No. 14 -1970 240 LLC Property Address: 240 NE 6 th Avenue Violation(s): CO CH 15 SEC 15 -120 (B) 1 LDR CH4 ART III SEC .2 Repair parking lot and sod Swale. Officer Shickles presented the case as contained in the Notice of Violation. Notice was given by certified mail. The green card was signed between September 22, 2014, and September 30, 2014. Staff recommended 15 days be given to correct the violations and a fine of $150 a day. Decision Seeing no one in the audience to speak on the matter, and finding proper notice was given by the City to the Respondent, Ms. Ellis ordered a 15 -day compliance date of October 30, 2014, and a fine of $150 a day thereafter. Case No. 14 -1993 Wells Fargo Bank N Property Address: 415 NW 4 Avenue Violation(s): CO CH15 SEC 15 -120 (D) and (E) INC CO CH 10 SEC 10 -56 (A), (B) and (D) Mow, weed and trim overgrowth on property. Remove unpermitted fence and screening. Replace windows and screens. Repair fascia in rear, prepare and paint bare areas, cap open electric, replace air conditioning condenser, repair lamp post and repair driveway and pressure clean. Officer Shickles presented the case as contained in the Notice of Violation. Service was made by certified mail green card signed on September 13, 2014. Staff recommended 15 days be given to correct the violations and a fine of $150 a day. 25 MEETING MINUTES CODE COMPLIANCE SPECIAL MAGISTRATE HEARINGS BOYNTON BEACH, FLORIDA OCTOBER 15, 2 Decision Seeing no one in the audience to speak on the matter, and finding proper notice was given by the City to the Respondent, Ms. Ellis ordered a 15 -day compliance date of October 15, 2014, and a fine of $150 a day thereafter. Case No. 14 -2043 Lavelle Johnson Property Address: 401 NW 5th Avenue Violation(s): CO CH13 SEC 13 -16 CO CH14 SEC 14 -3 CO CH15 SEC 15- 120(D) INC Apply for and pass inspection for Business Tax Receipt for rental property. Remove outside storage and trailers from rear. Remove oversized truck and unregistered vehicles from property Officer Shickles presented the case as contained in the Notice of Violation. Notice was obtained by signed substitute service from tenant, Rick Norfus. Staff recommended 10 days be given to correct the violations and a fine of $100 a day. Decision Seeing no one in the audience to speak on the matter, and finding proper notice was given by the City to the Respondent, Ms. Ellis ordered a 10 -day compliance date of October 25, 2014, and a fine of $100 a day thereafter. Case No. 14 -1905 Joseph K. Maluro Property Address: 27 Crossings Circle B Violation(s): CO CH10 SEC 10 -56 (E) Abate mold in residence. Officer Weixler presented the case as in the Notice of Violation. Notice was made by posting on October 6, 2014. Staff recommended 10 days be given to correct the violation and a fine of $100 a day. Decision Seeing no one in the audience to speak on the matter, and finding proper notice was given by the City to the Respondent, Ms. Ellis ordered a 10 -day compliance date of October 25, 2014, and a fine of $100 a day. Case No. 14 -1996 Hagstrom 76 LLC Property Address: 2260 NW 2 nd Street 26 MEETING MINUTES CODE COMPLIANCE SPECIAL MAGISTRATE HEARINGS BOYNTON BEACH, FLORIDA OCTOBER 15, 2 014 Violation(s): BBA FBC 2010 ED 105.1 Obtain permit for newly installed windows. Officer Weixler presented the case as contained in the Notice of Violation. Notice was provided by the certified mail green card signed on September 15, 2014. Staff recommended 30 days be given to correct the violations and a fine of $150 a day thereafter. Decision Seeing no one in the audience to speak on the matter, and finding proper notice was given by the City to the Respondent, Ms. Ellis ordered a 30 -day compliance date of November 14, 2014, and a fine of $150 a day thereafter. Case No. 14 -2018 Bentley Partners LLC Property Address: 2105 NE 3 rd Street Violation(s): BBA FBC 2010 ED. 105.1 Obtain permit for the water heater installed. Officer Weixler presented the case as contained in the Notice of Violation. Notice was provided by certified mail, green card, signed on September 23, 2014. Staff recommended 30 days be given to correct the violation and a fine of $150 a day. Decision Seeing no one in the audience to speak on the matter, and finding proper notice was given by the City to the Respondent, Ms. Ellis ordered a 30 -day compliance date of November 14, 2014, and a fine of $150 a day thereafter. Officer Lewis announced the following cases complied and recommended "No Fine ". Case No. 14 -1591 1481 Land Trust 1481 NW 1 Street Case No. 14 -1488 Eran Salzman 2320 NW 2 nd Street Case No. 14 -1571 Palm Beach County Housing Authority 2750 NE 4th Street Decision Ms. Ellis found the cases complied and ordered no fine be issued. Officer Lewis recommended the City table the following cases to November 19, 2014: Case No. 14 -1289 JS Ende Family Limited Partnership 6600 High Ridge Road Unity Strut Assembly 27 MEETING MINUTES CODE COMPLIANCE SPECIAL MAGISTRATE HEARINGS BOYNTON BEACH, FLORIDA OCTOBER 15, 2014 Case No. 14 -1578 Anacel LLC 1601 NW Td Street Decision Ms. Ellis ordered the aforementioned cases be tabled to the November 19, 2014, meeting. Officer Lewis read the following into the record: "The City was requesting that the fines be certified in the following cases. All the violators have been provided Notice of tonight's hearing, with Proof of Notice filed in the record with the Board Clerk. At this time, no one is present this evening for any of the cases l 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 -1377 Norma L McCarter TR 413 SW 0 Street $100 14 -1381 Sheila Aldrich 409 SW 5 th Avenue $ 50 14 -1414 Marie Island Louis Juste 238 SW 5 th Avenue $200 14 -1542 Fetlar LLC 457 SW 3 rd Avenue $500 14 -1543 Fetlar LLC 306 SW 4 th Avenue $500 14 -1544 Fetlar LLC 207 SW 1 St Avenue $500 14 -0476 Miguel & Jhoyse Vazquez 75 Paxford Lane $100 14 -1424 Fetlar LLC 2084 SW 13 Terrace $500 14 -1425 Fetlar LLC 1053 Coral Drive $500 14 -1439 Fetlar LLC 1102 NW 8 th Street $500 14 -1493 Fetlar LLC 1113 SW 15 Street $500 14 -1508 Fetlar LLC 1154 SW 27 Avenue $500 14 -1383 Royal Residential Real Estate 2881 SE 2 nd Street $150 14 -1517 Fetlar LLC 194 SE 27 Court $500 14 -1463 Dalland Properties 307 NE 13 Avenue $200 14 -1464 Dalland Properties 134 NW 6 th Avenue $200 14 -1475 16 Prop LLC 2401 NW 2 nd Street $100 14 -1553 Abraham Cowrie 3150 Orange Street $150 14 -1588 Nelson A. Heath 501 NE 25 Avenue $250 28 MEETING MINUTES CODE COMPLIANCE SPECIAL MAGISTRATE HEARINGS BOYNTON BEACH, FLORIDA OCTOBER 15, 2014 Decision Ms. Ellis ordered the lien certifications for the amount listed on the docket for the above referenced cases recited by City staff. Ms. Ellis commented she found proper notice was given to the Respondents. Officer Lewis announced the following case was for nuisance abatement: Case No. 14-1120 Maryanne Loser 324 NW V Avenue Decision Ms. Ellis reviewed the case and seeing no one in the audience to speak on the matter, and seeing the City was requesting to abate the nuisance which was to secure the building and prevent unauthorized individuals from entering the building, per Code CH 10, Sec 10-56 (D), Ms. Ellis ordered the nuisance be abated as recommended by the City. j Ad'ournment There being no further business to discuss, Ms. Ellis adjourned the meeting at 11:33 a. m. L 0hJLQ Catherine Cherry Minutes Specialist 110514 29