Minutes 11-19-14 MINUTES OF THE CODE COMPLIANCE/LIEN REDUCTION HEARINGS
HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOY ON BEACH BLVD.
BOYNTON BEACH, FLORIDA, ON WEDNESDAY, NOVEMBER 19, 2014,
PRESENT:
Carol Dutra Ellis, Special Magistrate
Diane Springer, Code Compliance Coordinator
® 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. She
explained a fine will be imposed if the violation is not corrected by the deadline.
11. Approval of Agenda
Pete Roy, Chief Code and Rehabilitation Officer, announced the following changes
to the agenda:
Case Nos., 14-1860, 14-1036 and 14-2178 complied.
Ms. Ellis approved the agenda with the changes.
Ill. Swearing in of Witnesses and Introduction
The Minutes Specialist administered an oath to all those intending to testify.
IV. New business
A. Cases to be Heard (Respondents Present)
Ms. Springer announced the Respondents for the following cases were present.
Case No. 14-1829 Todd A Arnold
Property Address: 405 NE 23 Avenue
Violation(s): CO CH10 SEC 10-52
1313A FBC 2010 ED 105.1
Secure canopy structure or get the
required building permit. Remove all
unregistered cars from the property.
Meeting Minutes
Code Compliance Special Magistrate Hearings
Boynton Beach, Florida over 1, 2014
Officer Roy explained this case complied; however he was requesting a Cease and
Desist Order.
Ms. Ellis recalled the case was presented last month. At that time, she deferred the
matter to allow her time to investigate the facts.
Decision,
Based on her findings and review of the case, Ms. Ellis dismissed Case No. 14-1829.
Todd Arnold, owner, explained there were two issues: one was a canopy requiring a
permit, and the second being no Code provision. He was allowed to use a temporary
canopy, but had removed it. When he asked for Ms. Ellis' opinion on the matter, she
responded she would have to contact the City Attorney to give an answer. No Cease
and Desist Order would be issued. Her job was only to rule if there was a current
violation.
Case No. 14-2217 ICTNVM Investments LLC
Property Address: 112 Commerce Road
Violation(s): BBA FBC 2010 WS 105.1
Racks over eight feet installed without
permit.
Lune y Guillaume, Code Compliance Officer, explained the case was a Red Tag from
the Building Department. The initial inspection on September 24, 2014, revealed the
above violation. The Respondent was not a repeat violator. Written notice gave 15
days to correct the violation. Service was obtained by a certified mail. The green card
was signed on October 24, 2014. The property was last inspected on November 18,
2014.
Frank Russell, General Manager, reviewed the history of the company and stated they
store electronic items on steel racks. He was told he needed permits for the racks by
the Fire Department. He hired a general contractor and started the process.
Engineering and sprinkler system reports were submitted repeatedly. He assumed they
were compliant, but he was advised the permit expired. He obtained a new contractor
and filed for a new permit. Currently, the City and contractor were working on new
engineering reports.
Ms. Ellis inquired if he had been in discussion with Code Compliance and learned he
had only been dealing with the Building Department. Mr. Russell was told the process
would take 90 days. His contractor was ensuring they had all the information to be
compliant and he was aware minor bracing was needed.
2
Meeting Minutes
Code Compliance Special Magistrate Hearings
Boynton Beach, Florida November 1, 2014
Staff recommended 15 days be given to correct the violations. When asked if he
received proper notice, Mr. Russell confirmed the President of the company had
received the notice.
Decision
Based on the testimony of the Respondent and City, Ms. Ellis ordered a 30-day
compliance date of December 19, 2014, and if not corrected by then, a fine of $150 a
day will be imposed thereafter.
Case No. 14-2263 ICTZNVM
Property Address: 111 Commerce Road
Violation(s): BBA FBC 2010 ED 105.1
Racks over eight feet installed without
permit. Red Tagged.
Officer Guillaume explained the case was a Red Tag from the Building Department.
The initial inspection on October 2, 2014, revealed the above violation. The Respondent
was not a repeat violator. Written notice gave 15 days to correct the violation. The
certified mail green card was signed October 24, 2014.
Mr. Russell explained there were two warehouses with the same issue.
Decision
Ms. Ellis ordered a compliance date of December 19, 2014, and a $150 find per day.
She extended staff's recommendation due to the Thanksgiving holiday.
Case No. 14-2026 Bank of New York Mellon
Property Address: 2639 SW 7 th Street
Violation(s): CO CH10 SEC 10-51.5 INC.
Property that is vacant or subject to a
current notice of default must be
registered with the City and maintained
per City Code. Register property.
Obtain permits to repair roof.
Courtney Cain, Code Compliance Officer, explained the case was a City department
referral. The initial inspection on August 27, 2014, revealed the above violation.
Written notice was sent giving 30 days to correct the violation and the certified mail
green card was signed on October 9, 2014.
Mark Ruder man, Bank of New York Mellon, advised the property has been
registered. The bid to repair the roof was approved by the property management
3
Meeting Minutes
Code Compliance Special Magistrate Hearings
Boynton Beach, Florida November 1, 2014
company, and he learned work will be completed in the next two weeks. He did not
know if the company had applied for the permit.
Staff recommended 15 days be given to correct the violation by December 4, 2014, or a
fine of $200 a day would be imposed thereafter.
Decision
Ms. Ellis explained the issue is getting the permit, and she ordered a 30-day compliance
date of December 19, 2014, or a $200 a day fine thereafter.
Case No. 14-2138 Aquilla Copeland
Property Address: 213 NE 12 Avenue
Violation(s): CO City Hall 13 SEC 13-16
BBA RFBC 2010 ED 105.1
Permit required for air conditioning unit
and wood fence installed without
building permit. Apply for and pass
inspection for a Business Tax Receipt
for rental property.
Jeff Shickles, Code Compliance Officer, explained the case was a City department
referral from Animal Control. The initial inspection on September 16, 2014, revealed the
above violations. Written notice was sent on October 3, 2014, giving 15 days to correct
them. The certified mail green card was signed November 4, 2014. He commented the
Business Tax Receipt for the rental was not needed as the owner lives there. The
property was last inspected on November 18, 2014.
Aquilla Copeland and her husband, Raymond Burns, were present. Mr. Burns
advised he was trying to comply. Animal Control complained about the fence and
wanted a bigger enclosure. He got a larger enclosure and bigger fence. His neighbors
then informed him City personnel were at the property when they were at school. They
had obtained permits for the doors and windows and improved the property. He opined
the City did not know the fence was only an enclosure for their one dog.
The Respondents obtained paperwork from the City and had received the notice stating
they needed to contact Code Compliance by the 20 They planned to call on the 20th,
but Officer Shickles showed up and advised he was unsure they needed a permit for the
fence and the air conditioner, and he would get back to them. They then received the
notice of hearing and still did not know how to proceed with the permit because Officer
Shickles did not get back to them. Mr. Burns advised he has one dog and this has been
a continuing issue. The dog was a pit bull and she got out once. He noted by trying to
comply with Animal Control, they wound up in Code Compliance and they felt targeted.
4
Meeting Minutes
Code Compliance Special Magistrate Hearings
Boynton Beach, Florida over 19, 2014
Officer Shickles advised the fence required a permit. He had photographs he showed
to Ms. Ellis and the Respondents. After her review of the evidence, Ms. Ellis explained
they needed a permit for the air conditioner and the fence, even though the work was
already done on the fence
Decision
Given the testimony by the City and the Respondent, Ms. Ellis ordered 15 days to apply
for the permits by December 4, 2014, and if not complied by then, a fine of $100 a day
would be imposed thereafter.
Case No. 14-2133 Rosetta Rafala
Property Address: 3201 Ridge Hill Road A
Violation(s): BBA FBC 2010 ED 105.1
Secure permits for new windows in the
entire unit as stated in the red tag.
Officer Shickles explained the property was a multi-family condo and the case arose
from a citizen complaint. The initial inspection on September 15, 2014, revealed the
above violation. More specifically, Officer Shickles noted permits were needed for the
two exterior window walls rebuilt in the Florida room and a slab re-pour on August 29,
2014. The Respondent is not a repeat violator. Written notice was sent on September
15, 2014, giving 10 days to correct the violation.
The Notice of Hearing was posted in City Hall and on the premises on October 30,
2013.
The notes in the file indicated the contractor told the owner they would pull permits and
did not and the contractor has since passed away. The owner requested a 30-day
extension and advised she was working with the Building Department for the permits.
The property was last inspected on November 14, 2014.
Rosetta Rafala, the Respondent, purchased the condo and lived in Connecticut when
she purchased it. The contractor requested payment and she sent it to him.
Ms. Ellis inquired if she hired anyone else to fix the violations. Ms. Rafala explained she
just arrived from Connecticut and she spoke with a contractor yesterday. After a review
of the project, he advised he would have to bring in an inspector to learn what needed
to be done. He would then give a price and get a permit. Ms. Rafala advised she will
live at the premises year round.
Decision
Given the testimony by the City and by the Respondent, Ms. Ellis ordered 30 days to
apply for a permit by December 19, 2014. She recommended working with the Building
5
Meeting Minutes
Code Compliance Special Magistrate Hearings
Boynton Beach, Florida over 19, 2014
Department and apprising Code Compliance of her progress. If the violations are not
corrected by December 19, 2014, a $100 a day fine would be imposed thereafter. She
clarified she had to get the permit issued in 30 days.
Case No. 14-2325 Live Oak Park LLC
Property Address: 3196 N. Seacrest Boulevard
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 overgrowth. Remove
outside storage, trash and debris and
remove or repair broken fence.
Officer Roy advised this case had complied. Later in the meeting, Officer Roy clarified
this case would be tabled to the December 17, 2014 meeting.
Case No. 14-2326 501 E. Gateway Boulevard Land Trust
Property Address: 501 Gateway Boulevard
Violation(s): CO CH13 SEC 13-16
CO CH15 SEC 15-120(D) INC.
BBA FBC 2010 ED 105.1
CO CH10 SEC 10-58(D) and (F)
Apply for and pass Business Tax
Receipt inspection for your rental
property. Remove trash and debris,
obtain permit for electrical panel, repair
damaged walls, replace front and rear
door to comply with a tight seal, and
bring sanitary drainage and plumbing
systems up to Code. Unsanitary living
conditions unacceptable. Repair roof
edge so sunlight does not enter home
from the outside.
Officer Roy advised this case arose from a citizen complaint. The initial inspection on
October 9, 2014, revealed the above violations. Written notice was sent October 19,
2014, giving 10 days to correct the violations. Service was made by certified mail. The
green card was signed on October 27, 2014. Staff requested seven days be given to
correct the violations due to the unsanitary conditions and a fine of $250 a day
thereafter. The property was last inspected on November 14, 2014.
Sydney Bess, the Property Manager, advised he received the file a week ago. The
prior property manager was not forthcoming with the owner so they changed
companies. They learned of the violations and notices when they received the file and
6
Meeting Minutes
Code Compliance Special Magistrate Hearings
Boynton Beach, Florida over 19, 2014
they already hired a contractor to address the outside issues that do not need permits.
The wood around the roof was fixed and they were now applying for permits to resolve
the remaining violations.
The property was vacant. The former property manager gave an estimate of $1,800 for
the new permits. The funds were sent and nothing was done. A Business Tax Receipt
application was filed, but he learned that if the other violations were not addressed, the
Business Tax Receipt application would not be approved. The new owner applied for
the Business Tax Receipt, removed the trash and debris, they repaired the roof, and
only need the permit for the electrical panel, fix the damaged walls, rear, and front
doors, and bring the sanitary system up to Code. Ms. Ellis noted it was an unsanitary
property and she appreciated Mr. Bess's efforts to remedy the violations.
Decision
Due to public health and safety, Ms. Ellis ordered a seven-day compliance date of
November 26, 2014. If not complied by then, a $200 a day fine would be imposed
thereafter.
Mr. Bess commented they could do the plumbing in seven days, but the permits and
fixing the doors would take longer. Ms. Ellis explained the seven days was just for the
plumbing. She noted the issue would come back to the Board in a month.
Case No. 13-82 Daniel P. Navillo 762 Rider Road
Diane Springer, Code Compliance Coordinator, presented the case. The Notice of
Violation was sent on January 17, 2013, to secure permits for work on both units,
including electrical, mechanical, structural, broken windows, the pool and dock. The
case was heard May 20, 2014. Patty Navilio appeared. The compliance date and fine
set was May 4, 2013, or a fine of $500 a day would be imposed thereafter. The case
complied on June 16, 2014, having 407 days of non-compliance and accruing a fine of
$203,500 and the administrative costs.
The case started as a complaint about a bed and breakfast being operated in a
residential zone. Code Compliance discovered there were several building violations
and the Chief Building Inspector performed an inspection and the premises were
placarded on March 14, 2013 as unsafe and barring occupancy. Permits were pulled in
August 2013, and additional permits were issued in June 2014. The case complied on
June 16, 2014, and permits for all Code sections were pulled.
When the request for lien reduction was received in July 2014, the inspection showed
violations such as: open electrical that needed to be repaired, a washed-out area by the
pool had to be repaired, the south parking needed to be rocked and paved, another
washed out area by the base of the house needed to be filled, the driveway needed to
be repaired on the west side, and the Applicant needed to pressure clean the decks,
7
Meeting Minutes
Code Compliance Special Magistrate Hearings
Boynton Beach, Florida November 19, 2014
roof and exterior walls. Taxes in the amount of $7,000 and a water bill of about $3,500
had to be paid. Ms. Ellis received confirmation they complied in June, but it took a few
months for Ms. Navilio to be eligible for lien reduction because other violations were
found. Staff researched when permits were pulled and three parts were issued on June
16, 2014. Only one part was issued when Ms. Navilio thought it was.
Patty Navilio, on behalf of Daniel Navilio, advised her brother was no longer the
owner the property. She gave paperwork to Ms. Springer regarding Thomas Papoutsis,
the new owner she was representing. Ms. Navilio came before the Board when the
building was placarded in March 2013. She was not fined, but was given time to get the
permits. They were asked to vacate the house which they did.
While working with the City, Ms. Navilio did not know a notice was sent to attend a
meeting in May. They were not receiving mail because it was being returned because
the house was vacant. She thought all departments were communicating with one
another.
Ms. Navilio contended the requirement says to get the permit, not complete the work.
The permit was issued for all the subcontractors, but Ms. Navilio did not submit the
Notice of Commencement to close the permit until months later. She contended she
complied when she got the permit on August 29, 2013.
The new owner was Thomas Papoutsis. Ms. Navilio stepped in on behalf of her brother
so he and the investor would not lose the property. There were ongoing foreclosure
proceedings, so the investor purchased the property at the end of September 2013.
Ms. Ellis inquired why the new owner did not attend the hearing. Ms. Navilio explained
he has five children.
Ms. Springer explained the permit has one permit number and four elements have to be
satisfied. This is broken down in the Building Department because four different trades
have to apply for the permit. The first part of the permit was a building which addressed
the structural issues. There were still mechanical, plumbing and electrical that had to
be pulled to satisfy the violations on the property. Those permits were not issued until
June 16, 2014. Compliance with one section of the permit does not constitute
compliance for all the issues. The Building Department advised the entire permit had to
be issued. The plans had a stamp of approval for all of the components; it was not
issued until June 2014. Ms. Navilio explained that was the gray area with closing out
the permit. Ms. Springer explained the issue was not closing the permit; it was the
issuance of the permit.
Ms. Springer pointed out the Navilio's had not been in attendance for all the meetings,
but her brother attended the meeting in May when the fine was imposed.
8
Meeting Minutes
Code Compliance Special Magistrate Hearings
Boynton Beach, Florida November 19, 2014
Ms. Ellis explained the current request is to reduce the lien. If eligible, she could reduce
the lien. The lien was set for $203,500 based on 407 days of non-compliance at $500 a
day.
Decision
Based on the testimony, Ms. Ellis reduced the lien from $203,500 to $20,000. It was
clarified the violations were being treated as two separate cases and the fine was in
addition to the administrative costs of $634.12.
Case No. 13-83 Daniel P. Navillo 764 Rider Road
Ms. Springer explained the Notice of Violation was sent on January 17, 2013, for the
same violations as in the prior case. The case was heard on March 20, 2013, and Patty
Navilio appeared. The compliance date and fine was set for May 4, 2014 or a fine of
$500 would be imposed thereafter. The violations were corrected on June 16, 2014,
having $203,500 in fines and administrative fees. Staff recommended imposing only
administrative fees of $634.12 for the second case.
Decision
Ms. Ellis approved the staff recommendation of a fine of $634.12.
Case No. 11-2388 Frandieu Nazaire 607 S. Seacrest Boulevard
Ms. Springer explained the Notice of Violation was sent on August 30, 2011, regarding
a permit for the carport enclosure. The case was heard on November 16, 2011, and
Frandieu Nazaire appeared. The compliance date and fine set was January 16, 2012,
and the violations were corrected on August 28, 2013, accruing a fine of $59,000 and
administrative fees of $730.15.
Ms. Springer was contacted in September for the lien reduction. There was a long list,
of repairs to be made, which Ms. Springer reviewed. In September, the property was
re-inspected and a few items were outstanding. A lien reduction inspection on October
10 revealed the property was eligible. The case was heard last month and the matter
was tabled to allow Mr. Nazaire time to provide information on the sale of the property.
Frandieu Nazaire provided receipts on how much he spent to improve the property. He
commented all was in compliance and he provided an invoice for $54,000. He stated
this home was a foreclosure property and the market value of the property was about
$130,000.
9
Meeting Minutes
Code Compliance Special Magistrate Hearings
Boynton Beach, Florida November 19, 2014
Decision
Based on the testimony, Ms. Ellis reduced the $59,000 lien to $2,000 plus $730.50 in
administrative costs.
Case No. 13-1459 Lynn Cave 423 Bayfront Drive
Ms. Springer explained a Notice of Violation was sent on July 10, 2013, regarding an
inspection for a Business Tax Receipt. The case was heard October 16, 2013, and no
one appeared. The compliance date was to comply by October 31, 2013, or a fine of
$150 a day would be imposed thereafter. The violations were corrected on October 17,
2014, accruing a fine of $53,500 and administrative fees of $634.12. Ms. Springer
explained she was contacted on October 16, 2014, for lien reduction information. An
inspection revealed the property was in compliance and all was up to date.
Lynn Cave, the property owner and Gracy Livingston, the settlement attorney for
the current sale of the property, were present. Ms. Cave explained she was selling
the property at a great loss and in conducting the title search, learned of the lien. She
advised she never got a letter or notice about the matter. She emailed Ms. Springer
and made application to come, but had not paid the $60 because she did not know
where to pay.
Ms. Cave advised the property was rented about 50% of the time. Since staff could not
determine when it was rented, they used the date the Code Officer verified it was
vacant. The address used was from the Property Appraiser and Tax Collector. She did
not know a Business Tax Receipt was needed to have a rental property.
Attorney Livingston commented when she presented Ms. Cave with information on the
lien, she had no idea of it. She called immediately, and the home was being sold. She
hoped this would not be an issue with the sale.
Decision
Based on the testimony of the City and Respondent and given the Respondent is
eligible for the lien reduction. Ms. Ellis reduced the lien from $52,500 to $2,000 plus
administrative costs $634.12
Case No. 14-836 Antonio Reale 521 NE 2 "d Street
Ms. Springer explained the Notice of Violation was sent on April 8, 2014, regarding a
Business Tax Receipt and inspection, outside storage, trash and debris. The case was
heard June 18, 2014, and Heather Grimes appeared. The compliance date and fine
was June 28, 2014, or a fine of $50 a day would be imposed thereafter. The violations
were corrected on September 22, 2014, accruing a fine of $4,250 and administrative
fees of $634.12
10
Meeting Minutes
Code Compliance Special Magistrate Hearings
Boynton Beach, Florida November 19, 2014
Ms. Springer did not remember when Mr. Reale contacted her. He thought he was in
compliance because he applied for the Business Tax Receipt, but he had not called for
the inspection. When an inspection occurred, the Business Tax Receipt was issued.
She was contacted again for a lien reduction' inspection and there were some minor
violations, which Ms. Springer reviewed, and a water bill of $431.03 to be paid. When
the property was re-inspected October 16, 2014, it was eligible for lien reduction.
Heather Grimes, for Property Manager for Mr. Reale, explained she had attended the
hearing in June and she was advised they had 90 days to comply. Mr. Reale was in the
process of selling the property, which sold on October 1, 2014. The new owner made
all the repairs. Prior to that, she called several times for an inspection. Each time there
were issues, and it took 85 days to address them. She did not know they were being
charged for each inspection.
Ms. Springer apprised Ms. Grimes they were not charged for the Business Tax Receipt
inspection. There were four inspections involved with the entire case.
Decision
Given the testimony by the City and the Respondent and staff indicates the property is
eligible, Ms. Ellis reduced the lien from $4,250 to $800 plus $634.12.
Case No. 11-2952 American Asset Holdings LL C 1660 Renaissance
Commons Blvd. 2124
Ms. Springer explained a Notice of Violation for this property was sent on October 24,
2011, for permits for interior renovations and demolition. The case was heard on
January 18, 2012, and no one appeared. The compliance date and fine set was January
28, 2012, or a fine of $250 a day would be imposed thereafter. The violations were
corrected on June 12, 2014, accruing a fine of $216,250 plus administrative costs.
The case initiated from a red tag from the Building Department. Ms. Springer was
contacted in March 2014 and was advised the matter pertained to Chinese drywall and
there was litigation ongoing between Renaissance Commons and the unit owner. A
Stop Work Order was issued by the Building Department so they had to wait for
litigation to conclude before they could do anything. There were also outstanding
property taxes.
Wayne Schwartz, Counsel for Jason Banks, the property owner, explained the
property was in the name of a corporation because his accountant advised him to put it
in the name of a company when he was divorcing. Mr. Banks obtained the property in
2011 and then learned the unit had the toxic Chinese drywall. He made arrangements
with Scott Design and Construction to do the interior demolition and remove the drywall.
The complex has about 300 units. All of the members in this complex were part of a
class action suit in 2009 against manufacturers of the drywall. There was companion
11
Meeting Minutes
Code Compliance Special Magistrate Hearings
Boynton Beach, Florida November 19, 2014
federal court litigation which was consolidated. Scott Design and Construction applied
for and pulled a permit in the spring of 2011 to do the demolition work to comply with the
Red Tag.
The HOA President, Mr. Comparato, advised Mr. Banks the property was involved in
litigation, and they would reach a settlement and then make repairs. Mr. Banks waited
throughout 2011, but could not live in the unit and was displaced. He also learned the
fumes were destroying the plumbing and electrical conduits behind the walls, and Mr.
Comparato refused to do any remediation because his goal was to have a global
settlement in which to make the repairs. Mr. Banks only wanted to remove the drywall
by himself to avoid the matter turning into a major problem.
On September 29, Mr. Banks hired two people to permanently remove the drywall, but
the HA Manager contacted Mr. Comparato. Mr. Banks advised Mr. Comparato he
could no longer wait and he would remove the drywall. The next day Mr. Banks got a
letter and Cease and Desist Order from HOA counsel barring him to do work in the unit
because the HOA was responsible for the drywall. They threatened litigation and they
would get an injunction, so Mr. Banks hired Mr. Schwartz as Counsel.
Attorney Schwartz tried for five months to negotiate with HO A Counsel to come up with
a successful plan to remediate the unit, including just removing the drywall with a
general contractor who would pull permits. In one of the cases being litigated, they
issued a protocol scope of work to satisfy removal of the toxic drywall, which they
offered to follow, but were stonewalled. This culminated in a memo to all unit owners
from Mr. Comparator that the HOA would not allow any remediation and if done, it
would have to be completely stripped and remediated a second time. The federal case
was not settled until late 2013. As to the red tag, Mr. Banks did not appreciate he had
to pull a permit to correct a red tag and then withdraw the permit.
Ms. Ellis inquired why no one appeared for the hearing on January 18 Attorney
Schwarz explained friends of Mr. Banks offered him a place to stay in Costa Rica and
there was a communication gap with the mail. He did not have knowledge of the
hearing.
The HA changed their position when they were notified of their settlement. From the
$24 million dollar settlement Mr. Comparato received, they retained Moss Construction.
The following June, they got to Mr. Banks' unit. Moss Construction pulled all of the
permits to strip and remediate. There was no cash payment to individual unit owners,
only the benefit of having the units remediated.
To the extent of any liens imposed, there was no reimbursement for out-of-pocket
expenses to unit owners. In terms of compliance, Moss Construction pulled permits,
completed the work and a certificate of occupancy and environmental certification was
issued. He requested the fine be reduced to administrative costs only.
12
Meeting Minutes
Code Compliance Special Magistrate Hearings
Boynton Beach, Florida November 19, 2014
Decision
Ms. Ellis reduced the lien to $1,000 plus the $634.12 in administrative costs.
The Minutes Specialist administered an oath to Respondents who arrived after the
meeting commenced.
Case No. 14-2112 Juan B. Medina
Property Address: 70 NE 28 Court
Violation(s): CO C15 SEC 15-120(D) Inc.
CO CH10 SEC 10-56(D)
Install four-inch house numbers on
building to be visible from the street.
Mow, trim and weed yard, and remove
trash and debris.
Officer Roy advised the case arose from a citizen complaint. An initial inspection on
September 15, 2014, revealed the above captioned violations. Written notice was sent
September 15, 2014, giving 10 days to correct them. Certified mail was sent on
October 13, 2014, and notice was posted at the premises and at City Hall on October 5,
2014. Regular mail was sent October 15, 2014. The property was last inspected on
November 17, 2014, and the only violation that remained was installation of the house
numbers. Staff recommended 10 days be given to correct the violations and a fine of
$100 a day thereafter.
Juan Medina advised he called the City after he mowed and addressed the issues.
Ms. Ellis noted he still had to install four-inch house numbers.
Decision
Ms. Ellis gave seven days to install the house numbers, by November 16, 2014. If they
were not installed by then, a fine of $100 a day would be imposed thereafter.
Case No. 14-2242 11glad A. Naurelus
Property Address: 216 SW 5th Avenue
Violation(s): CO CH13 SEC 13-16
Apply for and pass Business Tax
Receipt inspection for rental property.
Officer Shickles advised the case was a City department referral. The initial inspection
on September 25, 2014, revealed the above noted violation. Written notice was sent
giving 10 days to correct it. Notice was obtained by substitute service on Periandi
Gerome. Mr. Naurelus claims homestead at another address, and Officer Shickles
advised Mr. Naurelus indicated he was not renting the property. The premises were last
13
Meeting Minutes
Code Compliance Special Magistrate Hearings
Boynton Beach, Florida November 19, 2014
inspected on November 18, 2014. Staff recommended 10 days be given to correct the
violation, or a fine of $200 a day thereafter.
Officer Shickles explained everything was in Mr. Naurelus' name and when he posted
the property. Ms. Gerome advised she was renting.
Iglad Naurelus explained the property was not rented. The renter Officer Shickles
spoke with has a child with the boarder. Mr. Naurelus was unaware of the issue, but
was aware there were issues of abuse. He advised the boarder was staying there for
free, but if there were any issues, they would be evicted. The woman got angry,
trashed the interior, called Code Enforcement and showed Code Enforcement the
damage. The family moved out two weeks ago. Mr. Naurelus lives at the premises with
his cousin and was a tenant in common. All the utilities are under Mr. Naurelus' name.
He commented he owns two other properties. His sister lives in one and is one of the
owners. Another home was the home he was evicting the tenant from, and a third was
his girlfriends' home.
Noting the discrepancy that the City is indicating he lives at 216 SW 5 t" Avenue and Mr.
Naurelus stated he did not, Ms. Ellis recommended he bring whatever evidence the City
requires to satisfy that he lives there full-time.
Decision
Ms. Ellis ordered Mr. Naurelus to submit all evidence he lives at the premises by Friday,
November 21 st. If not, he would be found in violation. She further ordered 10 days be
given to obtain a Business Tax Receipt or a fine of $150 a day would be imposed
thereafter.
Case o.1 -1392 Iglad A. Naurelus 216 SW 5th Avenue
Officer Roy presented the case regarding outside storage and the repair of gutters. The
Notice of Violation was June 9, 2014. The case was heard and no one appeared. The
compliance date and fine set was August 27, 2014, or a fine of $150 a day thereafter
would be imposed. The property was last inspected on November 18, 2014. The
violation still exists having 83 days of non-compliance. Officer Roy had photos he
showed to the Respondent and Ms. Ellis. Mr. Naurelus confirmed the property was his.
Staff recommended certifying the fine.
Mr. Naurelus stated he would take care of the matter.
Decision
Ms. Ellis, given the ongoing violations, certified the lien. She noted once remedied, he
could return and request a lien reduction.
14
Meeting Minutes
Code Compliance Special Magistrate Hearings
Boynton Beach, Florida November 19, 2014
Mr. Naurelus asked for more time. Ms. Ellis explained the hearing already took place
and he did not show. He advised he did not know the hearing was in the morning and
he came in the afternoon. Ms. Ellis advised she could not grant an extension. She
certified the fine and advised he could come back to request a reduction.
Case No. 14-2260 Rossene R. Jean-Pierre
Property Address: 121 Arthur Court
Violation(s): CO CH13 SEC 13-16
Apply for and pass inspection for
Business Tax Receipt for rental
property.
Officer Roy explained the case arose from a citizen complaint. The initial inspection on
September 15, 2014, revealed the above violation. The Respondent was not a repeat
violator. Written notice was sent September 2, 2014 giving 10 days. Certified mail was
sent on October 30, 2014, and sent via regular mail on October 2, 2014. Staff
recommended 15 days be given to correct the violations and a fine of $100 a day
thereafter.
Rossene R. Jean Pierre, the property owner, explained he lives at the property and it
was not a rental property. Officer Roy noted he has his mailing address in West Palm
Beach and there was no exemption information.
Decision
Ms. Ellis ruled Mr. Jean-Pierre will have to produce evidence to the City by Friday,
November 21 to confirm he is the owner and he lives there. If not done by Friday, he
will be found in violation. She gave seven days to comply or a fine of $100 a day would
be imposed thereafter.
Case No. 13-1675 Blanche H. Girtman NE 1 t" Avenue
Ms. Springer presented the case. The Notice of Violation was sent on August 10, 2013,
to mow an overgrown vacant lot, and remove the downed fence stored on the lot. The
case was heard on September 18, 2013, and no one appeared. The compliance date
and fine set was September 28, 2013 or a fine of $200 a day would be imposed
thereafter. The violations were corrected on December 21, 2013, accruing a fine of
$16,600 plus administrative fees.
There were outstanding property taxes and this was a property just purchased by the
CA. The Respondent is elderly. Her daughter was unaware of the lien until the CRA
tried to purchase the property. The property has been maintained and they were asking
for a reduction.
15
Meeting Minutes
Code Compliance Special Magistrate Hearings
Boynton Beach, Florida November 1, 2014
Claire Girtman Gale, the Respondent's daughter, explained her mother is 92 years
old and was frail. She has old age dementia. Ms. Girtman found a letter going through
her mother's mail, but the fees were already assessed. She contacted Code
Compliance right away and worked to satisfy the requirements. She was assuming all
of her mother's duties, and she had assumed her mother had addressed them. The
subject property was allowed to be used for a community garden for 5 to 10 years. The
matter occurred through a lack of communication. After two knee surgeries, with one at
age 88, her mother could not maintain the property. She requested a reduction.
Decision,
Given the testimony by the City and the Respondent's representative, and the fact she
is eligible for the lien reduction, Ms. Ellis reduced the lien from $16,600 to $500 plus
administrative costs of $634.12.
Case No. 14-2155 Michael L Snadowsky & Lanai C
Jenks-Snadowsky
Property Address: 1395 E. Fairfax Circle
Violation(s): CO CH2 SEC 2.5-3 + 2.5-7
Obtain Alarm Decal as required and
place on front door or front window.
Officer Roy presented the case for the above captioned violation. The Respondents
were not repeat offenders. Certified mail was sent on October 13, 2014 and the green
card was signed on October 20, 2014. Staff recommended 10 days be given to correct
the violation 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 by the City to the Respondent, Ms. Ellis ordered a 10-day compliance date of
November 29, 2014, and a fine of $100 a day would be imposed thereafter
Case No. 14-1392 Federal National Mortgage Assoc.
Property Address: 232 SW 4th Avenue
Violation(s): CO CH 13 SEC 13-16
COCH15 SEC 15-120(D) Inc.
Apply for and pass inspection for
Business Tax Receipt for rental
property. Install sod in front yard and
swale area.
Officer Cain presented the case for the above captioned violations and commented the
case was a health and safety matter. Staff recommended a 15-day compliance date, or
a fine of $50 a day would be imposed thereafter.
16
Meeting Minutes
Code Compliance Special Magistrate Hearings
Boynton Beach, Florida November 19, 2014
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 December 4, 2014, and a fine of
$50 a day fine thereafter.
Case No. 14-1389 Primo Sabataso III & Brianne
Sabataso
Property Address: 226 SW 4 th Avenue
Violation(s): CO CH15 SEC 15-120(E) Inc.
Repair garage door.
Officer Cain presented the case for the above captioned violations. The Respondents
were not repeat violators. Service was obtained by the certified mail green card, which
was signed, but undated. He spoke with Respondent who asked for 30 days. Staff
recommended a 30-day compliance date of December 19, 2014, 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 30-day compliance date of December 19, 2014, and a fine of
$50 a day thereafter.
Case No. 14-1561 Marie Jucinla Estimable, Jean Vernet
Estimable and Rivelinio Estimable
Property Address: 146 SW 6 th Avenue
Violation(s): CO CH15 SEC 15-120(D) INC.
Repair fence on east side of house,
remove outside storage, remove car
seat from front porch, trim all hedges
and trees, repair screen door and sod
front yard and out by road.
Officer Cain presented the case for the above captioned violation. The Respondents
were not repeat violators. Service was obtained by the certified mail green card signed
October 9, 2014. This case was a hurricane hazard. Staff recommended 15 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 respond, Ms. Ellis
ordered a 15-day compliance date of December 4, 2014, and a fine of $50 a day
thereafter.
17
Meeting Minutes
Code Compliance Special Magistrate Hearings
Boynton Beach, Florida November 1, 2014
Case No. 14-1713 Cherie L. Deschenes
Property Address: 449 NW 1 St Avenue
Violation(s): CO CH 10 SEC 10-56 (A), (B) and (D)
Mow overgrown yard and trim hedges.
Secure property.
Officer Cain presented the case for the above captioned violation. The Respondent was
not a repeat violator. Service was obtained by posting at the property and City Hall on
October 18, 2014. The case was a health and safety and hurricane hazard. Staff
recommended 30 days be given to correct the violations and a fine of $100 a day
thereafter.
Decision
Given the testimony by the City and seeing no one in the audience to respond, Ms. Ellis
ordered a 30-day compliance date of December 19, 2014, and a fine of $100 a day
thereafter.
Case No. 14-1901 Escile Cosmeus
Property Address: 215 SW 4 t" Avenue
Violation(s): CO CH15 SEC 15-120(D) and (E) Inc.
CO CH10 SEC 10-56 (D)
Mow yard. Trim hedges and trees.
Remove blue tarp and repair roof.
Officer Cain presented the case for the above captioned violations. The violations were
a health and safety hazard. Service was obtained by the certified mail. The green card
was signed, but undated. Staff recommended 15 days be given to correct the violations
and a fine of $100 a day thereafter.
Decision
Given the testimony by the City and seeing no one in the audience to respond, Ms. Ellis
ordered a 15-day compliance date of December 4, 2014, and a fine of $100 a day
thereafter.
Case No. 14-2056 Aldy Jean Jacques
Property Address: 413 SW 7 t" Avenue
Violation(s): CO CH13 SEC 13-16
Apply for and pass Business Tax
Receipt inspection for your rental
property.
Officer Cain presented the case for the above captioned violations. Service was
obtained via posting the property and at City Hall on October 18, 2014. The violations
18
Meeting Minutes
Code Compliance Special Magistrate Hearings
Boynton Beach, Florida November 19, 2014
were a health and safety hazard. Staff recommended 10 days be given to correct the
violations and a fine of $50 a day thereafter.
Decision
Given the testimony by the City and seeing no one in the audience to respond, Ms. Ellis
ordered a 10-day compliance date of November 29, 2014, and a $50 a day fine
thereafter.
Case No. 14-2076 Joseph Dinolfo III
Property Address: 146 SW 7 th Avenue
Violation(s): CO CH 13 SEC 13-16
Apply for and pass Business Tax
Receipt inspection for your rental
property.
Officer Cain presented the case for the above captioned violation. Service was obtained
by posting the property and at City Hall on October 30, 2014. The violations were a
health and safety hazard. Staff recommended 10 days be given to correct the violations
and a fine of $50 a day thereafter.
Decision
Given the testimony by the City and seeing no one in the audience to respond, Ms. Ellis
ordered a 10 -day compliance date of November 29, 2014 or a $50 a day fine thereafter.
Case No. 14-2169 Nationstar Mortgage LLC
Property Address: 324 NW 1 st Avenue
Violation(s): CO CH10 SEC 10-51.5 INC.
Property that is vacant or subject to
default must be registered and
maintained per City Code. Register,
mow, weed and trim property. Clean
and cover pool. Fence gate must be
self-closing and self-latching.
Officer Cain presented the case as contained in the Notice of Violation. The
Respondent was not a repeat violator. Service was obtained by the certified mail green
card signed on October 9, 2014. The violations are a health and safety hazard, due to
the pool being unsecured Staff recommended 10 days be given to correct the violations
or a fine of $500 a day thereafter.
19
Meeting Minutes
Code Compliance Special Magistrate Hearings
Boynton Beach, Florida November 19, 2014
Decision
Given the testimony by the City and seeing no one in the audience to respond, Ms. Ellis
ordered a 10-day compliance date of November 29, 2014, and a fine of $500 a day
thereafter.
Case o.1 -2063 Carolyn M. Brignola
Property Address: 38 Farnsworth Drive
Violation(s): BBA FBC 201 ED 105.1
CO CH13 SEC 13-16
Permit required for bathroom remodel.
Apply for and pass Business Tax
Receipt inspection for your rental
property.
Officer Guillaume presented the case as contained in the Notice of Violation. The case
arose from a citizen complaint. An initial inspection on September 4, 2014, revealed a
permit and Business Tax Receipt was needed. Written notice gave 15 days to correct
the violation. Staff recommended 15 days be given and a fine of $100 a day thereafter.
Decision
Given the testimony by the City and seeing no one in the audience to respond, Ms. Ellis
ordered a 15-day compliance date of December 4, 2014, and a $100 a day fine
thereafter.
Case No. 14-2120 Linda P. King
Property Address: 201 NE 28� Court
Violation(s): CO CH15 SEC 15-120(D) INC.
CO CH 10 SEC 10-56 (D)
Mow, weed and trim overgrowth,
remove trash and debris. Secure all
windows and doors, and install four-inch
house numbers on building to be visible
from the street.
Officer Roy presented the case as contained in the Notice of Violation. The Respondent
was not a repeat violator. Service was obtained by posting the property and at City Hall
on November 5, 2014. Staff recommended 10 days be given to correct the violations
and a fine of $200 a day thereafter.
20
Meeting Minutes
Code Compliance Special Magistrate Hearings
Boynton Beach, Florida November 19, 2014
Decision
Given the testimony by the City and seeing no one in the audience to respond, Ms. Ellis
ordered a 10-day compliance date of November 29, 2014, and a $200 a day fine
thereafter.
Case No. 14-2193 Sandra S. Bailey Trust
Property Address: 1851 NE 2nd Lane
Violation(s): CO CH10 SEC 10-52
CO CH1 5 SEC 15- 120(D) INC
BBA FBC 2010 ED 105.1
Remove inoperable vehicles, trash and
debris and all materials stored outside.
Obtain a building permit for new wood
fence in rear of the property.
Officer Roy presented the case as contained in the Notice of Violation. The Respondent
was a repeat violator. Written notice was sent giving 15 days to correct the violations.
Service was obtained by posting at City Hall and the property. Staff recommended 30
days be given to correct the violation and a fine of $200 a day thereafter.
Decision
Given the testimony by the City and seeing no one in the audience to respond, Ms. Ellis
ordered a 30-day compliance date of December 19, 2014, and a fine of $200 a day
thereafter.
Case No. 14-2196 Bernadette Alexander
Property Address: 10 NE 19 Avenue
Violation(s): CO CH10 SEC 10-52
CO CH15 SEC 15-120(D) INC
CO CH13 SEC 13-16
CO CH10 SEC 10-56(D)
Remove inoperable vehicles from the
property. Remove all materials stored
outside and trash and debris. Install
four-inch house numbers on building to
be visible from the street. Sod areas
void of grass. Repair or remove broken
shutters on front of the home and apply
for and pass Business Tax Receipt
inspection for your rental property.
Officer Roy presented the case as contained in the Notice of Violation. The
Respondent was not a repeat violator. Service was obtained by posting the property
21
Meeting Minutes
Code Compliance Special Magistrate Hearings
Boynton Beach, Florida November 19, 2014
and at City Hall on November 6, 2014. Staff recommended 10 days be given to correct
the violations or a fine of $100 a day thereafter.
Decision
Given the testimony by the City and seeing no one in the audience to respond, Ms. Ellis
ordered a 10 -day compliance date of November 29, 2014, and a $100 a day fine
thereafter.
Case No. 14-2200 Bertha Brown & Scott Groven
Property Address: 210 NE 9th Avenue
Violation(s): CO CH 10 SEC 10-56 (D)
BBA FBC 2010 ED 105.1
Obtain permit for window replacement.
Paint house exterior and install four-inch
house numbers of property visible from
the street.
Officer Roy presented the case as contained in the Notice of Violation. The
Respondents were not repeat violators. Service was obtained by posting the property
and City Hall on November 6, 2014. Staff recommended 30 days be given to correct
the violations or a fine of $200 a day thereafter.
Decision
Given the testimony by the City and seeing no one in the audience to respond, Ms. Ellis
ordered a 30-day compliance date of December 19, 2014, with a $200 a day fine.
Case No. 14-2201 Linda R. Koch
Property Address: 1901 NE 2 nd Lane
Violation(s): CO CH13 SEC 13-16
CO CH15 SEC 15-120(D) INC
Apply for and pass Business Tax
Receipt inspection for your rental
property. Mow, weed and trim all
overgrowth.
Officer Roy presented the case as contained in the Notice of Violation, The Respondent
was not a repeat violator. Certified mail was sent on October 2, 2014, and service was
obtained via the green card signed on October 20, 2014. Staff recommended 10 days
be given to correct the violations and a fine of $100 a day thereafter.
Decision
22
Meeting Minutes
Code Compliance Special Magistrate Hearings
Boynton Beach, Florida November 19, 2014
Given the testimony by the City and seeing no one in the audience to respond, Ms. Ellis
ordered a 10 -day compliance date of November 29, 2014 and the $100 a day fine
thereafter.
Case No. 14 -2085 1A Boynton Beach Congress LLC
Property Address: 363 N. Congress Avenue
Violation(s): LDR CH4 ART III SEC 10.D
Remove unapproved donation clothing
bin from the back lot of Sports Authority
or receive City approval.
Officer Guillaume presented the case as contained in the Notice of Violation. A routine
inspection on September 10, 2014, revealed the above captioned violation. The
Respondent was not a repeat violator. Written notice was sent giving 15 days to correct
the violation. Service was obtained by a certified mail. The green card was signed on
October 14, 2014. Staff recommended 10 days be given to correct the violation and a
fine of $100 a day thereafter.
Decision
Given the testimony by the City and seeing no one in the audience to respond, Ms. Ellis
ordered a 10 -day compliance date of November 20, 29, 2014, and a $100 a day fine
thereafter.
Case No. 14 -2139 Real Strategic Capital LLC
Property Address: 102 SW 7 Street
Violation(s): BBA FBC 2010 ED 105.1
Permits needed for electrical, drywall
and exterior doors.
Officer Guillaume presented the case as contained in the Notice of Violation. An initial
inspection on September 15, 2014, revealed the above captioned violation. The
Respondent was not a repeat violator. Written notice was sent giving 10 days to correct
the violation. Service was obtained by the certified mail. The green card was signed
October 2, 2014. Staff recommended 10 days be given to correction the violation and a
fine of $100 a day thereafter.
Decision
Given the testimony by the City and seeing no one in the audience to respond, Ms. Ellis
ordered a 10 -day compliance date of November 29, 2014, and a $200 a day fine
thereafter.
Case No. 14 -1451 Boynton Beach Palms LLC
Property Address: 2309 SE 3rd Street
23
Meeting Minutes
Code Compliance Special Magistrate Hearings
Boynton Beach, Florida November 19, 2014
Violation(s): CO CH 13 SEC 13-16
CO CH15 SEC 15-120 (D) INC.
Business Tax Receipt needed to
operate business. Remove trash and
debris around dumpster and keep area
clean at all times. Trim front hedges.
Officer Cain presented the case as contained in the Notice of Violation. Service was
obtained by the certified mail. The green card was signed on October 10, 2014. Staff
recommended 10 days be given to correct the violations and a fine of $100 a day
thereafter.
Decision
Given the testimony by the City and seeing no one in the audience to respond, Ms. Ellis
ordered a 10-day compliance date of November 29, 2014, or the $100 a day fine
thereafter.
Case No. 14-2288 JMC Real Estate INC
Property Address: 112 SE 23 Avenue
Violation(s): CO CH15 SEC 15-120(D) INC.
Mow and trim yard overgrowth. Remove
trash and debris from property and
weed areas.
Officer Cain presented the case as contained in the Notice of Violation. Notice was
posted at the premises and at City Hall on October 30, 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 respond, Ms. Ellis
ordered a 10-day compliance date of November 29, 2014, and a $50 a day fine
thereafter.
Case No. 14-2338 Prime Properties of the Palm
Beaches
Property Address: 550 NW 13 Avenue
Violation(s): CO CH 10 SEC 10-52
CO CH15 SEC 15-120(D) INC.
CO CH10 SEC 10-56 (D)
Remove any and all inoperable
unregistered vehicles and outside
storage of appliances from the property.
24
Meeting Minutes
Code Compliance Special Magistrate Hearings
Boynton Beach, Florida November 19, 2014
Install four-inch house numbers on
building to be visible from the street.
Ms. Springer administered an oath to the Respondent.
Officer Shickles presented the case as contained in the Notice of Violation. The case
arose from a routine inspection on October 10, 2014. The Respondent was a repeat
violator. Written notice was sent giving 10 days. Service was obtained by posting the
property and at City Hall on November 5, 2014. All the vehicles were removed except
for two registered vehicles. The property was last inspected November 17, 2014. Staff
recommended a 10 -day compliance date and a fine of $200 a day thereafter.
Kevin Ballard advised they installed the house numbers and they removed the
appliances. The cars not registered were removed. Officer Shickles had photographs of
the vehicles.
Decision
Ms. Ellis ordered 10 days to remove the vehicles by November 29, 2014, and if not, a
fine of $200 a day would be imposed.
Case No. 14-2077 Powermind Global Service
Property Address: 320 NE 13 Avenue
Violation(s): CO CH 10 SEC 10-56 (A) and (D)
Secure property at all openings.
Officer Shickles presented the case as contained in the Notice of Violation. The
Respondent was not a repeat violator. Service was obtained by posting the property
and at City Hall on November 5, 2014. The violations are a health and safety hazard.
Staff recommended 10 days be given to correct the violations and a fine of $200 a day
thereafter,
Decision
Given the testimony by the City and seeing no one in the audience to respond, Ms. Ellis
ordered a 10-day compliance date of November 29, 2014, and a $200 a day fine
thereafter.
Case No. 14-2177 Andra Jackson
Property Address: 558 NW 9th Avenue
Violation(s): COCH15 SEC 15-120(D) INC.
CO CH 15 SEC 15-120 (13) 1
Mow and trim property, and swale area
near road.
25
Meeting Minutes
Code Compliance Special Magistrate Hearings
Boynton Beach, Florida November 19, 2014
Officer Shickles presented the case as contained in the Notice of Violation. The
Respondent is a repeat violator. Service was obtained by certified mail. The green card
was signed sometime between October 3 rd and the 10 Staff recommended 10 days to
correct the violations and a fine of $150 a day thereafter.
Decision
Given the testimony by the City and seeing no one in the audience to respond, Ms. Ellis
ordered a 10-day compliance date of November 29, 2014, and a fine of $100 a day
thereafter.
Case No. 14-2210 Doris Jones, Elizabeth Gable Est &
Abagall Denson
Property Address: 115 NW 6 th Avenue
Violation(s): CO CH 13 SEC 13-16
Apply for and pass Business Tax
Receipt inspection for your rental
property.
Officer Shickles presented the case as contained in the Notice of Violation. The case
arose from a City department referral. The Respondents were not repeat violators.
Service was obtained by certified mail. The green card was signed sometime between
October 23 and October 27 Staff recommended 10 days be given to correct the
violation and a fine of $100 a day thereafter.
Decision
Given the testimony by the City and seeing no one in the audience to respond, Ms. Ellis
ordered a 10-day compliance date of November 29, 2014, and a fine of $100 a day
thereafter.
Case No. 14-2225 Gladys Jones Estate
Property Address: 541 NW 9th Avenue
Violation(s): CO CH15 SEC 15-120(D) INC
CO CH10 SEC 10-56 (B)
Trim holly tree. Trim and mow entire
property. Repair or remove chain link
fence.
Officer Shickles presented the case as contained in the Notice of Violation. The
Respondent is not a repeat violator. Service was obtained by posting the property and
City Hall on November 5, 2014. Staff recommended 10 days be given to correct the
violations and $100 a day fine thereafter.
26
Meeting Minutes
Code Compliance Special Magistrate Hearings
Boynton Beach, Florida November 19, 2014
Decision
Given the testimony by the City and seeing no one in the audience to respond, Ms. Ellis
ordered a 10-day compliance date of November 29, 2014, and a $100 a day fine
thereafter.
Case No. 14-2257 Isadora Johnson
Property Address: 608 NW 5 th Street
Violation(s): CO CH 15 SEC 15-120 (D)
CO CH 10 sec 10-52
CO CH10 SEC 10-56 (D)
Mow and trim property. Remove
outside storage from carport. Fix broken
window. Remove inoperable and
unregistered vehicle form the property.
Officer Shickles presented the case as contained in the Notice of Violation. Service was
obtained by the certified mail. The green card was signed between October 23 and
27 The Respondent was a repeat violator. Staff recommended 10 days be given to
correct the violations and a fine of $200 a day thereafter.
Decision
Given the testimony by the City and seeing no one in the audience to respond, Ms. Ellis
ordered a 10-day compliance date of November 29, 2014, and a fine of $200 a day
thereafter.
Case o.1 -1582 Maureen Gross
Property Address: 3200 E. Atlantic Drive
Violation(s): CO CH13 SEC 13-16
CO CH15 SEC 15-120(D) INC
CO CH 10 SEC 10-56 (D)
Apply for and pass Business Tax
Receipt inspection for rental property.
Remove or repair all fences, and mow
and trim all overgrowth.
Officer Shickles presented the case as contained in the Notice of Violation. The
Respondent is not a repeat violator. Service was obtained by the certified mail. The
green card was signed on October 16, 2014. The property was last inspected on
November 14, 2014. Staff recommended 30 days be given to correct the violations and
a fine of $50 a day would be imposed thereafter.
27
Meeting Minutes
Code Compliance Special Magistrate Hearings
Boynton Beach, Florida November 19, 2014
NESEEMEMEM
Decision
Given the testimony by the City and seeing no one in the audience to respond, Ms. Ellis
ordered a 30-day compliance date of December 19, 2014, and a $50 a day fine
thereafter.
Case No. 14-2059 Capital Fund Management Group Inc.
Property Address: 1 Crossings Circle D
Violation(s): CO CH13 SEC 13-16
CO CH 10 SEC 10-56 (B) and (E)
CO CH 10 SEC 10-58 (D)
Apply for and pass Business Tax
Receipt inspection for your rental
property. Repair plumbing, broken pipe
under bedroom floor, leaking traps
under sinks, exterior wall with gaping
hole. Abate all mold issues, stop water
intrusion to the home. Repair window
jams with hole in bedroom.
Officer Shickles presented the case as contained in the Notice of Violation. Written
notice was sent giving five days to correct the violations. Service was obtained by
certified mail. The green card was signed on October 27, 2014. Staff recommended 10
days be given to correct the violations or a $250 fine per day thereafter.
Decision
Given the testimony by the City and seeing no one in the audience to respond, Ms. Ellis
ordered a 10-day compliance date of November 29, 2014, and a $250 a day fine
thereafter.
Case o.1 -2170 Jenny Mosqueda
Property Address: 3215 Ocean Parkway
Violation(s): CO CH 15 SEC 15-120(D) INC
Mow and trim overgrowth, remove trash
and debris, blue tarp from roof and
make adequate repairs, and remove or
repair broken lattice.
Officer Shickles presented the case as contained in the Notice of Violation. The
Respondent is not a repeat violator. Service was obtained by posting the property and
at City Hall on November 5, 2014. Staff recommended 15 days be given to correct the
violation and a fine of $100 a day thereafter,
28
Meeting Minutes
Code Compliance Special Magistrate Hearings
Boynton Beach, Florida November 1, 2014
Decision
Given the testimony by the City and seeing no one in the audience to respond, Ms. Ellis
ordered a 15-day compliance date of December 4, 2014, and a $100 a day fine
thereafter.
Case No. 14-2179 PhanorJoseph
Property Address: 2651 NE 4 th Street
Violation(s): BBA FBC 2010 ED 105.1
Red tagged. Secure permits for work in
progress including stucco, electrical
panel service change, and air
conditioning systems.
Officer Shickles presented the case as contained in the Notice of Violation. The
Respondent was not a repeat violator. Service was obtained by the certified mail. The
green card was signed but undated. Staff recommended 10 days be given to correct
the violations and a fine of $100 a day thereafter.
Decision
Given the testimony by the City and seeing no one in the audience to respond, Ms. Ellis
ordered a 10-day compliance date of November 29, 2014, and a $100 a day fine
thereafter.
Case No. 14-2202 2820 SW 22 "d Prodigy Land Trust
Property Address: 3350 Ocean Parkway
Violation(s): CO CH13 SEC 13-16
Apply for and pass Business Tax
Receipt inspection for rental property.
Officer Shickles presented the case as contained in the Notice of Violation. The
Respondent was not a repeat violator. Service was obtained by certified mail. The
green card was signed on October 16, 2014. Staff recommended 15 days be given to
correct the violations and a fine of $100 a day thereafter.
Decision
Given the testimony by the City and seeing no one in the audience to respond, Ms. Ellis
ordered a 15-day compliance date of December 4, 2014, and a $100 a day fine
thereafter.
Case No. 14-2231 Agony Camille
Property Address: 3015 Ocean Parkway
Violation(s): CO CH10 SEC 10-56 (B) and (D)
29
Meeting Minutes
Code Compliance Special Magistrate Hearings
Boynton Beach, Florida November 19, 2014
CO CH15 SEC 15-120(D) INC
CO CH10 SEC 10-52
Remove all trash and debris from
property. Remove outside storage and
the refrigerator in the side yard, remove
all inoperable vehicles, repair torn
screen in front of the home, and mow
property and trim overgrown yard.
Officer Roy presented the case as contained in the Notice of Violation. The Respondent
was not a repeat violator. Service was obtained by certified mail. The green card was
signed on October 28, 2014. Staff recommended 15 days be given to correct the
violations and a fine of $50 a day thereafter.
Decision
Given the testimony by the City and seeing no one in the audience to respond, Ms. Ellis
ordered a 15-day compliance date of December 4, 2014, and a fine of $50 a day
thereafter.
Case No. 14-2324 Safeguard Properties LLC
Property Address: 1613 NE 4th Street
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. Exterminate or remove swarm of
bees from pack of the house.
Officer Roy presented the case as contained in the Notice of Violation. Service was
obtained by certified mail sent on October 23, 2014, and signed on October 27, 2014.
Staff recommended seven days be given to correct the violations and a fine of $150 a
day thereafter,
Decision
Given the testimony by the City and seeing no one in the audience to respond, Ms. Ellis
ordered a seven-day compliance date of November 26, 2014, and a $150 a day fine
thereafter.
Officer Roy announced the following cases complied and recommended no fine:
Case No. 14-1274 Lamar Nixon 411 NE 2 " Avenue
Case No.14-1625 Brian & Wendy Lulfs 829 Shore Drive
Case No. 14-1191 Gajfe LLC 815 W Boynton Beach Blvd.
30
Meeting Minutes
Code Compliance Special Magistrate Hearings
Boynton Beach, Florida November 1, 2014
Case No. 14-1746 Fetlar LLC 2915 SE 2nd Street
Case No. 14-1621 Benjamin Ho 1101 N. Federal Highway
Case No. 14-1158 Wilguet Charlemond 40 S. Atlantic Drive
Case No. 14-1800 Nomis D LLC 2731 NW 1' Street
Decision
Ms. Ellis found the cases complied and ordered no fine be issued.
Officer Roy recommended the following cases be tabled to December 17, 2014.
Case No 14-727 Ellington Beckles Est. 310 NW 16 Court
Case No. 14-1617 Bentley Partners LLC 2105 NE 3 Court
Case No. 14-947 Daryl[ & Dorothy Mitchel 1471 SW 26 Ave. B
Case No. 14-1594 Marie Gedeon 1525 NE 2nd Court
Case No. 14-1267 FL Investment Trade 555 N. Railroad Ave.
Decision,
Ms. Ellis ordered the cases, as stated by staff, tabled.
Officer Roy 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 today'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 / 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
14-1578 Anacel LLC 1601 NW 3 rd Street $100
14-1853 Discount Auto Parts Inc. 1480 SW 8 th Street $150
14-1529 Fetlar LLC 11554 SW 27 Ave. $500
14-1530 Fetlar LLC 207 SW 1 St Avenue $500
14-1531 Fetlar LLC 306 SW 4thAvenue $500
14-1532 Fetlar LLC 401 NW 8 th Court $500
14-1656 Josephine Glennon &
Carlos Hernandez 121 NE 17 Avenue $100
14-1752 Marva Campbell 2101 N. Seacrest Blvd. $100
31
Meeting Minutes
Code Compliance Special Magistrate Hearings
Boyntor Beach, Florida November 19, 2014
14-1753 Marva Campbell 2101 N. Seacrest Blvd. $100
14-1754 Carlos & Brandi Infante 1951 N. Seacrest Blvd. $50
14-1834 JP Morgan Chase Bank Nat. 115 NE 15 Avenue $100
14-1186 St. Patrick Properties 701 SW 1 st Avenue $100
14-1855 Mikel Jean Fils & Jeanette Pierre 23 Peachtree Place $100
14-1429 Roody Silverain 3010 SE 2 nd Street $200
14-1516 ZhiRuiChen 117 SE 22 Avenue $150
14-1598 Colfin Al FL 3 LLC 2931 S. Seacrest Blvd. $100
14-1738 Cameau O. & Marie B. Danois 2655 SE 2 nd Street $50
14-1739 Deutsche Bank Trust Co. 243 SE 25 Avenue $100
14-1794 Royal F. Clark 111 1371 SW 26 Avenue $200
14-1636 Michael R. Rogers 111 NE 3 rd Avenue $100
14-1698 Gloria H. Mosch 127 S. Atlantic Drive $250
14-1806 9600 NW 64 Street LLC 2870 NE 4 th Street $50
Decision
Ms. Ellis ordered certification of the cases as previously mentioned by the City.
Adjournment
There being no further business before the Board, Ms. Ellis adjourned the meeting at
12:08 p.m.
Catherine Cherry
Minutes Specialist
12814
32