Loading...
Minutes 02-18-15 MINUTES OF THE CODE COMPLIANCE/LIEN REDUCTION HEARINGS HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, ON WEDNESDAY, FEBRUARY 1, 2015, AT PRESENT: Carol Dutra Ellis, Special Magistrate Diane Springer, Code Compliance Coordinator 1. Call To Order Ms. Ellis, Special Magistrate, called the meeting to order at 9:02 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(s) are not corrected by the deadline. Il. Approval of over 19, 2014 Minutes with Correction and December 17, 2014 Minutes. Decision Ms. Ellis approved the December minutes as presented and the November minutes with one change on page 23, Case No. 14-2085, the compliance date should be November 29, 2014 and not November 20, 2014. ® Approval of Agenda Vestiguerne Pierre, Senior Code Compliance Officer, announced the following changes to the agenda: Case Nos.: 14-2376, 14-2464, 03-2123, 14-2776, 14-2773, 14-1469, 14-2657, 14-2659, 14-2693 complied. Case Nos.: 14-2536, 14-2670, 14-2671, 15-24, 15-29, 15-31 were removed. Case Nos.: 14-2694 and 14-2433 were tabled to the March meeting. Decision Ms. Ellis approved the agenda with the changes as cited by staff. IV. Swearing in of Witnesses and Introduction The Minutes Specialist administered an oath to all those intending to testify. Meeting Minutes Code Compliance Magistrate Hearings Boynton Beach, Florida February 18, 2015 V. New business (Respondents Present) Case No. 15-46 Dorothy Reeves Property Address: 2070 NW 1 st Street Violation(s): CO CH4 SEC 4-4, 4-32, 4-36, and 4-37 Manner of keeping, No tethering; dogs must be on a leash at all times when off owner's property. Each dog must have current tag and registration with Palm Beach County. Proof of rabies vaccinations must be submitted. Liz Roehrich, Animal Cruelty Investigator, explained the case arose from a citizen complaint. The initial inspection on October 21, 2014, revealed the above violations. The Respondent was not a repeat violator. Verbal notice was issued October 21, 2014. Courtesy notice was provided the same day and written notice was sent January 9, 2015, giving four days to comply. Certified mail was sent January 14, 2015. The green card was returned on January 26, 2015, signed, but undated. A Police Officer responded to the residence on October 21, 2014, regarding a dog tethered outside in the rain. The Officer contacted a family member at the home who would not identify herself and who was not Ms. Reeves, who advised the Officer the dog was put outside as punishment, told the Officer to leave, and slammed the door. Officer Roehrich followed up on the case on October 27, 2014. At that time, Ms. Reeves was unaware of the incident that occurred with the Police Officer and the granddaughter was identified. The dog was still on the property. Officer Roehrich issued a warning notice to Ms. Reeves about the vaccinations, license, and not to keep the dog tethered outside. On recheck, there was no compliance. Voice mails were left for Ms. Reeves and Officer Roehrich had not heard back. Another citizen complaint was made on January 8, 2015. Officer Roehrich responded and at that time, the granddaughter's dog had been removed, but the grandson had two pit bulls. Officer Roehrich had photographs she showed the Respondent and Ms. Ellis. Officer Roehrich sought a Cease and Desist Order to obtain permanent compliance. She expressed her belief Ms. Reeves would take the correct actions. Dorothy Reeves, the property owner, advised Officer Roehrich was correct. The dogs were there, but they would not be there anymore. Ms. Ellis explained to Ms. Reeves, there would be no fines associated with the previous violations, but if they occurred again, there would be an automatic fine. 2 Meeting Minutes Code Compliance Magistrate Hearings Boynton Beach, Florida February 18, 2015 Decision Based ' on the testimony by the City, Ms. Ellis ordered the Cease and Desist Order, effective February 19, 2015, with a $250 per occurrence fine. Case No. 14-2406 Frederic Fortier Property Address: 57 Misty Meadow Drive Violation(s): CO CH13 SEC 13-16 Apply for and pass Business Tax Receipt inspection for your rental property. Glenn Weixler, Code Compliance Officer, presented the case which arose from a citizen complaint. An inspection on October 24, 2014, revealed the above violation. The Respondent was not a repeat violator. Written notice was sent giving 10 days to correct the violation. The green card was signed on January 31, 2015. The property was last inspected on February 17, 2015. Staff recommended a 30-day compliance deadline or a fine of $100 a day would be imposed thereafter. is rolo, representing Mr. Fortier, explained Mr. Fortier purchased the property through a short sale and was unaware of the violations. He has a contractor and will do the work, but the issue was access. The current resident was a tenant and there was a language barrier. When they try to do the work, no access is given. The lease will expire in March. Officer Weixler explained the Business Tax Receipt was applied for on October 29, 2014, and it took until December 10, 2014, for the inspection. They had gained access and saw the garage was enclosed. Research showed the enclosure was done without the permits, so they failed the inspection. He indicated the Respondent needs the permit to remove the wall. Mr. Zagarolo indicated the Building Department advised he did not need a permit to remove the wall and they would reconfirm the permit was not needed later in the day with the Building Department. The wall was there upon purchase. He reiterated the tenant was not allowing access to the property. Decision Based on the testimony and there was effort on the part of the owner to comply, and recognizing the owner purchased an "As Is" property, Ms. Ellis ordered a 45-day compliance deadline of April 4, 2015, or a fine of $250 a day would be imposed thereafter. Case No. 14-2701 Brenda Clay Property Address: 404 NW 8 th Avenue Violation(s): CO CH10 SEC 10-52 CO CH15 SEC 15-120(D) INC 3 Meeting Minutes Code Compliance Magistrate Hearings Boynton Beach, Florida February 18, 2015 Remove inoperable / unregistered vehicles and trailer from the property. Remove outside storage of appliances and concrete from the property. Jeff Shickles, Code Compliance Officer, presented the case. A routine inspection on December 11, 2014, revealed the above violations. The Respondent was a repeat violator. Written notice was sent and service was obtained by posting the property and City Hall on February 6, 2015. The property was last inspected February 17, 2015. Staff recommended a 10-day compliance deadline of February 28, 2015, or a fine of $200 a day thereafter. Brenda Clay, homeowner, verified the photographs were of her property. She indicated her personal vehicle was on the premises and it was insured and tagged, but the other vehicles did not belong to her. Decision Ms. Ellis ordered a 10 -day compliance deadline to register or remove the vehicles or a $200 a day fine would be imposed thereafter. Case No. 14-2689 Madelyn Victor Property Address: 2627 NE 4th Court Violation(s): CO CH 15 SEC 15-120(D) INC CO CH10 SEC 10-52 Remove inoperable vehicle from property. Officer Weixler presented the case. A routine inspection on December 20, 2014, revealed the above violations. The Respondent was not a repeat violator. Written notice was sent on December 10, 2014, giving 10 days to correct the violation. Notice was posted on February 9, 2015, and the property was last inspected on February 17, 2015. Staff recommended a 30-day compliance deadline of March 20, 2015, and a fine of $150 a day thereafter. Deon Blue, the Respondent's husband, and Ms. Ellis reviewed photographs Officer Weixler had of the premises. Mr. Blue explained they needed a few days. His car was damaged and he was waiting on the insurance company. Decision Ms. Ellis ordered the staff recommendation. Case No. 14-2326 501 E. Gateway Blvd. Land Trust 501 E. Gateway Blvd. 4 Meeting Minutes Code Compliance Magistrate Hearings Boynton Beach, Florida February 18, 2015 Officer Weixler recommended no fine. The violations were corrected. Sidney Besse, the Property Manager, was present and advised all was addressed. He requested no fine. Decision Ms. Ellis so ordered. Case No. 11-2953 Adalgisa Scotuzzi 1690 Renaissance Commons Blvd., No. 304 Diane Springer, Code Compliance Manager, reviewed the case pertained to needing a permit for interior demolition of drywall and installation. The Notice of Violation was sent October 24, 2011. The case was heard January 18, 2012. No one appeared. The compliance date and fine set by the Board was March 1, 2012, or a fine of $100 a day thereafter. Compliance was confirmed on July 2, 2014, accruing a total fine of $83,500 with administrative costs. Ms. Springer explained the case was in compliance and ready for lien reduction when they were first contacted. This case was a Chinese drywall issue. on DuPerault, owner of the property, explained he and his wife purchased the property two months ago. It appeared the prior owner lived in Washington D.C. Most of their correspondence was returned. He speculated they started their own renovation without permits and the City halted the work. Due to the $100 a day fine, the owners gave up and abandoned the property. Several years later, the drywall issue was finished and a separate contractor rehabbed 300 units with permits. He understood the fine imposed, but noted this case involved the prior owner and no amount of money would have remedied the situation. The home was a foreclosure that was four years behind in property taxes and Homeowner Association Assessments. He requested a dramatic fee reduction. Mr. DuPerault indicated they paid about $30,000 for the foreclosed unit. Back taxes were about $13,000 and they paid in excess of the HOA fees. He advised the total they paid was what the unit was appraised for. Mr. DuPerault advised he learned of the case via the notices posted on the door. He went to City Hall, pulled records to learn what was occurring. They did not want more liens or foreclosures and wanted to ensure all would not worsen. Decision Based on the testimony of the City, Ms. Ellis reduced the lien to $2,500 plus administrative fees of $826.18. 5 Meeting Minutes Code Compliance Magistrate Hearings Boynton Beach, Florida February 18, 2015 Case No. 12-1809 SunTrust Mortgage Inc. 660 Renaissance Commons Blvd. No. 2621 Ms. Springer reviewed the Notice of Violation was sent September 13, 2012, pertaining to a Business Tax Receipt for a rental property. The case was heard December 19, 2012, and no one appeared. The compliance date and fine set by the Board was January 18, 2013, or a fine of $100 a day would be imposed thereafter. Compliance was verified on January 12, 2014, accruing a total fine of $69,900 plus administrative costs. They only had to register the property with the City's vendor, which they did. Joseph Harmon, representing SunTrust, was present. Ms. Ellis inquired when the bank took possession of the property and he responded he also represents Keller Williams. They obtained possession about seven or eight months ago. He handles weekly inspections of the home and was unaware anything needed to be done. He requested a reduction and advised it was vacant. Ms. Springer explained SunTrust took possession in February 2011, and there was a tenant at the premises at that time. Mr. Harmon did not know why SunTrust did not send a representative in 2012. Decision Based on the testimony by the City and the Respondent's Representative, Ms. Ellis reduced the lien to $7,500, plus administrative costs, because the bank was the owner since the violation occurred and she did not understand why it took the Bank so long to respond. Case No. 12-1639 Gary Olson 1660 Renaissance Commons Blvd. o. 1217 Ms. Springer reviewed the case pertained to needing a Business Tax Receipt for rental property. The Notice of Violation was sent August 24, 2012. The case was heard December 19, 2012, and no one appeared. The compliance date and fine set by the Board was January 3, 2013, or a fine of $100 a day would be imposed thereafter. Compliance was verified on February 4, 2015, having a total fine of $76,100. Ms. Springer advised there was nothing to be done to come into compliance, and it was in compliance when it was inspected. This case was initiated by the management company, who sent a list of all units rented in the building. Mr. Olson had proof from the management company, his name was sent in error and the unit was not rented. Correspondence was sent to a Boca Raton address listed on the tax rolls, but it was not his address. Gary Olson, the property owner, commented the unit had Chinese drywall and was uninhabitable. The unit was properly repaired through a class-action lawsuit. It was 6 Meeting Minutes Code Compliance Magistrate Hearings Boynton Beach, Florida February 18, 2015 currently vacant except for items he was storing on the premises and he intended to sell the unit. Ms. Springer advised due to the HOA forwarding their name to the City, staff may have cited him in error. The item had to be heard in order to release the lien. Decision Based on the clarification, Ms. Ellis eliminated the fine since there was never a violation. Case No. 15-99 Henrietta D. Copeland Property Address: 404 S. Circle Drive Violation(s): CO CH4 SEC 4-32 Dogs must be humanely secured to owner's property or on a leash when off the premises. Officer Roehrich explained the case arose from ongoing citizen complaints. The initial inspection in 2013 revealed the above violation. Notices were sent in 2013, 2014, and courtesy, verbal and civil citations were issued. More recently, written notice was sent on January 14, 2015, giving five days to correct the violation. Certified mail was sent January 21, 2015 and returned on January 30, 2015, signed, but undated. There are several small dogs that run lose. The property owner was present. Ms. Copeland's mother resided in the garage and was an animal lover with four small dogs. Officer Roehrich receives continual complaints because the dogs are running loose in the street and chasing children. Two of the dogs were hit by cars, so there were two dogs remaining plus one dog Mr. and Mrs. Copeland have. She recommended a Cease and Desist Order be issued with a penalty of $250 per occurrence. Ms. Copeland requested Officer Roehrich remove the dogs from the property; however, Officer Roehrich does not get involved in family matters. The mother does not want her dogs removed, but the Respondent did not want to be responsible for them. Henrietta Copeland, the property owner, was administered an oath. She had no comments and added as of two weeks ago, the dogs were leashed and secured. Ms. Ellis explained how a Cease and Desist Order works to Ms. Copeland. Decision Ms. Ellis ordered a Cease and Desist Order effective February 19, 2015, and a fine of $250 per occurrence. Case No. 14-2757 U.S. an National Association Property Address: 7904 Manor Forest Lane Violation(s): CO CH10 SEC 10-51.5 INC BA FBC 2010 ED 105.1 7 Meeting Minutes Code Compliance Magistrate Hearings Boynton Beach, Florida February 18, 2015 Property that is vacant or subject to a current notice of default must be registered with the City and maintained per City Code. Permit required for new garage door. Officer Weixler presented the case which arose from a citizen complaint. The initial inspection on December 22, 2014, revealed the above violations. Written notice was sent giving 15 days to correct the violations. The green card was signed on January 20, 2015, and the property was last inspected on February 17, 2015. Staff recommended a 10- day compliance deadline or a fine of $250 a day thereafter. Evan Heffner, U.S. Bank Representative, advised the Bank had not yet taken ownership of the property, which was in foreclosure but they had registered the property. He inquired if they would be responsible for obtaining a permit for the garage door. Ms. Springer explained she received a call from "Geraldine" from the management company. She assumed the management company was hired by the Bank. She explained they were cited for the garage door without the permit. There also had been a roof leak and someone placed a tarp on the roof. Whoever was doing the work was doing it without the permit. Decision Ms. Ellis tabled the case to the next month's meeting. Someone had to confirm who was doing the work. She requested the information be supplied in seven days. If they were doing the work, they had to cease and desist. Case No. 14-2702 11-112 Property Florida LP Property Address: 2031 NW 1 St Street Violation(s): CO CH13 SEC 13-16 Apply for and pass Business Tax Receipt inspection for your rental property. Pat Hart, Code Compliance Officer, presented the case. The initial inspection on December 11, 2014, revealed the above violation. The Respondent was a repeat violator. Notice was sent regular mail on December 11, 2014, giving 10 days to correct the violation. Certified mail was sent January 12, 2015. The green card was signed and dated January 16, 2015. The property was last inspected February 17, 2015. Staff recommended a 10-day compliance deadline of February 28, 2015, or a fine of $200 a day thereafter. Linda Vega, Invitation Homes, explained they had a change of staff and they were searching their files to see what was completed and if a Business Tax Receipt was 8 Meeting Minutes Code Compliance Magistrate Hearings Boynton Beach, Florida February 18, 2015 applied for. Coworkers did not find any paperwork. They were checking to see if an application was submitted or payment sent. Decision Ms. Ellis ordered the staff recommendation. The 10 days was to make and pay for the application and have an inspection. Case No. 14-2735 Aston, Lorenza, and Arthur Morris Property Address: 242 SE 26 Avenue Violation(s): CO CH15 SEC 15-120(D) INC Trailer must be parked on hard surface. Repair driveway and remove trash and debris. Officer Pierre presented the case as contained in the Notice of Violation. Staff recommended a 15-day compliance deadline of March 5, 2015, or a fine of $100 a day thereafter. Lorenza and Aston Morris, property owners, were present. Ms. Morris advised the vehicle was moved. Officer Pierre had photographs he showed to the Respondents and Ms. Ellis. Ms. Morris confirmed the photographs were of her home and the property was a rental property. She told the tenants to move the trailer and the tenants advised they did. As for the driveway, they fixed it two or three months ago, but it was not fixed correctly. When she visited the premises, she told the tenants to remove the trash and debris, but did not observe any. Decision Ms. Ellis explained all three items had to be addressed by March 5, 2015, or a fine of $100 a day would be imposed thereafter. Case No. 14-2736 Aston, Lorenza, and Arthur Morris Property Address: 232 SE 26 Avenue Violation(s): CO CH15 SEC 15-120(D) INC Cease auto repair. Remove auto parts from property. Repair driveway. Fix window. Officer Pierre presented the case as contained in the Notice of Violation. There was a tenant at the premises doing the auto repairs. There were parts all over and grease on the driveway. Ms. Morris visited the premises on Monday and did not see any vehicle repair. She saw one vehicle and told them not to make repairs. Staff recommended a 10-day compliance deadline of February 28, 2015, or a fine of $200 a day would be imposed thereafter. 9 Meeting Minutes Code Compliance Magistrate Hearings Boynton Beach, Florida February 18, 2015 Officer Pierre had photographs he showed to Ms. Morris reflecting the window that still needed to be fixed. Decision Ms. Ellis ordered a 10-day compliance deadline of February 28, 2015, or a fine of $100 a day would be imposed thereafter. Case No. 14-2475 JIP Morgan Chase Bank 125 NW 6 th Avenue Officer Shickles recommended no fine for this case. The violations were corrected. Decision Ms. Ellis so ordered. Case No. 10-207 Sunshine Investment Group LL C 201 SE 22 Avenue Ms. Springer reviewed the Notice of Violation for this case was sent January 26, 2010, regarding a Business Tax Receipt and to remove outside storage from the front yard. The case was heard on March 17, 2012 and no one appeared. The compliance date and fine set by the Board was to correct the violations by March 27, 2010, or a fine of $150 a day would be imposed thereafter. In June 2012, Ms. Springer was contacted by the owner for a lien reduction inspection. The officer found a drain pipe that needed to be repaired, outside storage, the gate to the pool was not self-latching, outstanding water bills and three years of property taxes that needed to be paid. Ms. Springer was again contacted in August 2012, and only the drainpipe had been addressed. Additionally, the officer saw the pool needed to be maintained in a sanitary manner. Another re-inspection occurred at the end of August and was in compliance except for the outstanding water bill and property taxes. Ms. Springer did not hear from the owner until October 2014, when the property was put up for sale. Another lien inspection revealed more outside storage, missing outlet covers, there were overgrown hedges, trees and Holly, trash and recycle bins had to be placed out of site, a Business Tax Receipt needed to be renewed, and the outstanding taxes had to be paid. Another re-inspection took place in November and the property was not in compliance. At that time, photographs were sent to Mr. Antoine to show what needed to be done, and he was informed house numbers needed to be posted on the premises. In December, the Code Officers found the soffit screens needed to be repaired and some were installed incorrectly and the property taxes had to be paid. The taxes were paid in January. On February 5, 2015, the property was re-inspected and window screens were needed. The property was re-inspected on February 10, 2015, and part of the chain link fence was removed creating a safety hazard, and two inoperable 10 Meeting Minutes Code Compliance Magistrate Hearings Boynton Beach, Florida February 18, 2015 vehicles were on the property. On February 12, 2015, all was corrected and eligible for lien reduction. Antoine Buissonniere, the property owner, was present and had no comment. Ms. Ellis noted there were many start and stops. He advised there were tenants that were not cooperating and they did not take care of items they were supposed to. He advised in 2012, he did not have the money for the lien reduction. Ms. Springer confirmed compliance was originally achieved in 2012. Decision Based on the testimony by the City, Ms. Ellis reduced the lien to $1,500 plus $634.12 in administrative costs. Case No. 14-2764 Mikel Jean Fills & Jeannette Pierre Property Address: 23 Peachtree Place Violation(s): CO CH4 SEC 4-32 Dogs must be humanely secured to owner's property at all times or on a leash when off the premises. Officer Roehrich presented the case for the above violation. The Respondents were not repeat violators. Notice was sent by certified mail on January 21, 2015. The green card was not returned. Notice was posted at the premises and at City Hall on February 9, 2015. The tenant owns two Rottweilers and they have unlawfully bred the dogs twice, which they were cited for. One dog was aggressive, got out through a hole under the fence, and charged a woman walking a small dog on a leash. A video was available. Officer Roehrich spoke with the owner, but it did not resolve the issue with the tenants. The tenants were continuing to breed the dogs. She requested a Cease and Desist order with a fine of $1,000 per occurrence. 'A neighbor was available to testify to what she witnessed; however, Ms. Ellis advised it was not necessary. Decision Ms. Ellis issued the Cease and Desist Order, effective February 19, 2015, with a $1,000 per occurrence. Case No. 15-98 Dave Hargrove Property Address: 146 NW 11 th Avenue Violation(s): CO CH4 SEC 4-, 4-32, 4-36, 4-37 Dogs must be humanely secured to owner's property at all times or on a leash when off the property. All dogs need County tag and registration, proof Meeting Minutes Code Compliance Magistrate Hearings Boynton Beach, Florida February 18, 2015 of rabies needed. Not adhering to tether regulations. Officer Roehrich presented the case for the above violations. The Respondent was not a repeat violator in the Code process. There has been a tenant at the property, with a revolving door of pit bulls. He was previously convicted for abuse and neglect of dogs in 2011. In 2013, he was cited for the dogs being tethered outside, with no rabies, license or tag. January 9, 2015, he was cited civilly for animal cruelty for overloading a puppy on a heavy chain. She had photographs she showed to Ms. Ellis. Officer Roehrich requested a Cease and Desist Order with a $1,000 fine per occurrence. Decision Seeing no one in the audience to respond, Ms. Ellis ordered the Cease and Desist Order, effective, February 19, 2015, with a $1,000 fine per occurrence. Case No. 14-2335 Simone Snyder Property Address: 103 SE 5th Avenue Violation(s): CO Ch15 SEC 15-120(D) INC. CO CH13 SEC 13-16 Mow overgrown yard, weed rocks and install sod in yard. Apply for and pass Business Tax Receipt inspection for your rental property. Courtney Cain, Code Compliance Officer, presented the case as in the Notice of Violation. An initial inspection on October 10, 2014, revealed the above violations. The property was last inspected February 17, 2014. Staff recommended a 30-day compliance deadline of March 20, 2015, or a fine of $100 a day thereafter. Decision Seeing no one in the audience to respond, Ms. Ellis ordered the staff recommendation. Case No. 14-2477 Simone Snyder Property Address: 103 SE 5 th Avenue Violation(s): CO Ch15 SEC 15-120(D) INC. BBA FBC 2010 ED 105.1 CO CH10 SEC 10-56 (B) Reinstate roof permit, obtain permit for installed fence. Repair holes in wall, replace missing windows, remove or register car in carport. Remove outside storage from property. 12 Meeting Minutes Code Compliance Magistrate Hearings Boynton Beach, Florida February 18, 2015 Officer Cain presented the case as contained in the Notice of Violation. An initial inspection on October 30, 2014, revealed the above violations. Staff recommended a 30 -day compliance deadline of March 20, 2015, or a fine of $100 a day thereafter. Decision Seeing no one in the audience to respond, Ms. Ellis ordered the staff recommendation. Case No. 14 -2747 Federal National Mortgage Assoc. Property 345 SW 13 Avenue Violation(s): CO CH10 SEC 10 -56 (A), (B), (C), (D) Cover pool with tarp. Repair chain link and wood fence. Maintain per City Code. Trim overgrowth on west and rear property. Officer Cain presented the case as contained in the Notice of Violation. The case arose from a citizen complaint. Notice was sent December 22, 2014. Service was obtained by a signed green card dated January 2, 2015. The property was last inspected February 17, 2015. The pool is a safety hazard. Staff recommended a 10 -day compliance deadline of February-2-G, 28, 2015, or a fine of $250 a day thereafter. Decision Due to the safety issue, Ms. Ellis ordered a seven -day compliance date of February 25, 2015, with a $250 a day fine thereafter.. Case No. 14 -2758 Aldy Jean Jacques Property Address: 413 SW 7 Avenue Violation(s): CO CH13 SEC 13 -16 Apply for and pass Business Tax Receipt inspection for your rental property. Officer Cain requested this case be tabled to the next month's meeting. Decision Ms. Ellis so ordered. Case No. 14 -2577 Khadi Wurie Property Address: 4 Las Sendas Violation(s): CO CH10 SEC 10 -56 (A), (B), (C), (D) 13 Meeting Minutes Code Compliance Magistrate Hearings Boynton Beach, Florida February 18, 2015 Clean and maintain pool in sanitary condition. Trim overgrowth and maintain per City Code. Repair broken window. Officer Weixler presented the case which arose from a citizen complaint. An initial inspection on November 17, 2014, revealed the above violations. The property was last inspected February 12, 2015. The Respondent was a repeat violator. Written notice was sent giving 14 days to correct the violations. Service was obtained by the green card signed on January 17, 2015. The violations were a health and safety hazard. Staff recommended a 10 -day compliance deadline of February 28, 2015, or a fine of $250 a day thereafter. Decision Seeing no one in the audience to respond and due to the safety issue, Ms. EIIis ordered a seven -day compliance date of February 25, 2015, and a fine of $300 a day thereafter. Case No. 15 -43 Caixia Qiu Property Address: 2581 SW 10 Court Violation(s): CO CH13 EC 13 -16 Apply for and pass Business Tax Receipt inspection for rental property. Officer Weixler presented the case which arose from a citizen complaint. The initial inspection on January 8, 2015, revealed the above violation. The Respondent was not a repeat violator. Written notice was sent giving 10 days to correct the violations. The property was posted on February 9, 2015. The property was last inspected on February 17, 2015. Staff recommended a 10 -day compliance deadline of February 28, 2015, and a fine of $100 a day thereafter. Decision Seeing no one in the audience to respond, Ms. EIIis ordered the staff recommendation. Case No. 15 -45 Caixia Qiu Property Address: 2581 SW 10 Court Violation(s): CO CH13 EC 13 -16 Apply for and pass Business Tax Receipt inspection for rental property. Office Weixler presented the case which arose from a citizen complaint. The initial inspection on January 9, 2015, revealed the above violation. Written notice was sent giving 10 days to correct the violation. Service was obtained by posting the property on February. 9, 2015. The property was last inspected on February 17, 2015. Staff 14 Meeting Minutes Code Compliance Magistrate Hearings Boynton Beach, Florida February 18, 2015 recommended a 10 -day compliance deadline of February 28, 2015, or a fine of $100 a day thereafter. Decision Seeing no one in the audience to respond, Ms. Ellis ordered the staff recommendation. Case No. 14 -2468 Tales Gresseau & Jean Arcelin Property Address: 1615 NE 2 Street Violation(s): CO CH10 SEC 10 -52 CO CH10 SEC 10 -56 (D) CO CH15 SEC 15 -120 (D) INC. Remove inoperable / unregistered vehicles from property. Remove materials stored outside, trash and debris. Install four -inch house numbers on building to be visible from the street. Officer Hart presented the case. The Respondents were not repeat violators. Service was obtained by certified mail sent on January 12, 2015. The green card was signed, but undated. Notice was sent regular mail on October 28, 2014. Most of the trash and debris was removed. He spoke with the property owners and they requested 30 days. Staff recommended a 30 -day compliance deadline of March 20, 2015, and a fine of $100 a day thereafter. Decision Ms. Ellis ordered a 30 -day compliance deadline and $100 a day fine thereafter for the vehicle removal. She ordered a seven -day compliance deadline and $100 a day fine thereafter for the four -inch house numbers. Case No. 14 -2472 Salana LLC Property Address: 130 NE 17 Court Violation(s): CO CH13 SEC 13 -16 CO CH14 -3 CO CH15 SEC 15 -120 (D) INC Remove oversized, inoperable truck, materials stored outside, and trash and debris from property. Mow, weed and trim yard. Apply for and pass Business Tax Receipt inspection for rental property. Officer Hart presented the case. The Respondent was not a repeat violator. Notice was sent certified mail on January 1, 2015. The green card was signed and dated 15 Meeting Minutes Code Compliance Magistrate Hearings Boynton Beach, Florida February 18, 2015 January 25, 2015. Regular mail was sent on October 28, 2014.The outside storage, trash and debris was removed. Staff recommended a 10 -day compliance deadline of February 28, 2015, or a fine of $175 a day thereafter. Decision Seeing no one in the audience to respond, Ms. Ellis ordered the staff recommendation. Case No. 14 -2594 Bible Church of God Property Address: 1390 N. Seacrest Blvd. Violation(s): CO CH10 SEC 10 -2 Trim overgrowth 50 feet around the perimeter of your property. Officer Hart presented the case. The Respondent was a repeat violator. Service was obtained by posting the property and City Hall on February 6, 2015. Regular mail was sent November 19, 2014. Staff recommended a 60 -day compliance deadline of April 19, 2015, or a fine of $250 a day thereafter. Decision Noting the Respondent's repeat violator status, and seeing no one in the audience to respond, Ms. Ellis ordered a 45 -day compliance deadline of April 4, 2015, or a fine of $250 a day thereafter. Case No. 14 -2624 Kristin Harper Property Address: 108 Harbors Way Violation(s): CO CH13 SEC 13 -16 Apply for and pass Business Tax Receipt inspection for your rental property. Officer Hart presented the case. The Respondent was a repeat violator. Service was obtained. by posting the property and City Hall on February 6, 2015. Regular mail was sent on December 1, 2014. Staff recommended a 10 -day compliance deadline of February. 28, 2015, or a fine of $200 a day thereafter. Decision Seeing no one in the audience to respond, Ms. Ellis ordered the staff recommendation. Case No.; 14 -2649 Earl Q. Cain Est. Property Address: 1701 NW 14 Court Violation(s): CO CH10 SEC 10 -56 (D) CO CH15 SEC 15 -120 (D) INC 16 Meeting Minutes Code Compliance Magistrate Hearings Boynton Beach, Florida February 18, 2015 Mow overgrowth, remove trash and debris, repair wood rot on back patio, replace or repair missing soffit screens and hole in exterior wall. Secure all windows and doors. Officer Hart presented the case. Service was obtained by posting the property and City Hall on January 15, 2015. Regular mail was sent December 2, 2014. The overgrowth and mowing was addressed. Staff recommended a 10 -day compliance deadline of February 28, 2015, or a fine of $100 a day thereafter. Decision Seeing no one in the audience to respond, Ms. Ellis ordered the staff recommendation. Case No. 14 -2696 Faith Nixon Property Address: 2000 NW 2 Street Violation(s): CO CH10 SEC 10 -52 CO CH15 SEC 15 -120 (D) INC Remove inoperable vehicles from the property, and materials stored outside including trash and debris. Officer Hart presented the case as contained in the Notice of Violation. The Respondent was not a repeat violator. Certified mail was sent January 12, 2015, and service obtained from the green card signed on January 16, 2015. The Respondent requested 15 days...Staff recommended a 15 -day compliance deadline of March 5, 2015, or a fine of $100 a day thereafter. Decision Seeing no one in the audience to respond, Ms. Ellis ordered the staff recommendation Case No. 14 -2699 Altima & Forstenia Butler & Eugene McTyere Property Address: 2070 NW 2 Street Violation(s): CO CH10 SEC 10 -56 (D) Apply for permits and repair or replace roof. Officer Hart presented the case as contained in the Notice of Violation. The Respondents were repeat violators. Certified mail was sent January 12, 2015, and service obtained from the green card signed January 14, 2015. Regular mail was sent December 10, 2014. He spoke with Ms. Butler and the roof should be fixed in 60 days. 17 Meeting Minutes Code Compliance Magistrate Hearings Boynton Beach, Florida February 18, 2015 Staff recommended a 60 -day compliance deadline of April 19, 2015, or a fine of $200 a day thereafter. Decision Seeing no one in the audience to respond, Ms. Ellis ordered the staff recommendation. Case No 14 -2732 Rodney Blake Property Address: 2935 SE 1 Street Violation(s): CO CH13 SEC 13 -16 CO CH15 SEC 15 -120 (D) INC CO CH2O SEC 20 -6 Boat must be parked on a hard surface. Mow and trim yard. 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 a 10 -day compliance deadline of February 28, 2015, or a fine of $100 a day thereafter. Decision Seeing no one in the audience to respond, Ms. EIIis ordered the staff recommendation. Case No. 15 -60 Meryl Hartman Property Address: 3638 SE 2nd Court 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 a 10 -day compliance deadline of February 28, 2015, or a fine of $100 a day thereafter. Decision Seeing no one in the audience to respond, Ms. EIIis ordered the staff recommendation. Case No. 14 -2614 Glaston E. Sims Property Address: 400 NW 8 Avenue Violation(s): CO CH10 SEC 10 -56 (A), (B), (D), (H) CO CH10 SEC 10 -58 (A), (D), (F) CO CH10 SEC 10 -52 18 Meeting Minutes Code Compliance Magistrate Hearings Boynton Beach, Florida February 18, 2015 Repair sanitary drainage, remove rodents from property. Repair or replace rotted wood including fascia and interior damage, replace missing soffit screens, repair chain link fence, remove trash and debris from exterior, trim overgrowth and remove horticultural debris. Register or remove unregistered vehicle. Officer Shickles presented the case as contained in the Notice of Violation. He advised the soffits were repaired, and the vehicle and horticultural debris was removed. An exterminator was called to address the rodent problem, but the drainage issue still remained. He advised it was a health and safety hazard. Staff recommended a 10 -day compliance date of February 28, 2015, or a fine of $200 a day thereafter. Decision Seeing no one in the audience to respond, and noting the safety issue, Ms. Ellis ordered a seven -day compliance deadline of February 25, 2015, or a $250 a day fine thereafter. Case No. 14 -2631 Vernon Thompson Jr. TR Property Address: 821 NE 1 Street Violation(s): CO CI-110 SEC 10 -56 (D) CO CH15 SEC 15 -120 (C), (E) INC CO CH15 SEC 15 -120 (B) 2B • Repair, pave and restripe parking lot. Remove basketball hoop from right of way. Remove trash and debris and outside storage from property. Repair broken window. Pressure clean and paint building and fascia, and install four -inch house numbers on building to be visible from City Street. Officer Shickles presented the case as contained in the Notice of Violation. The Respondent was a repeat violator. Certified mail was sent. Service was obtained from the green card signed January 15, 2015. Staff recommended a 10 -day compliance deadline of February 28, 2015, and a fine of $150 a day thereafter. Decision Seeing no one in the audience to respond, Ms. Ellis ordered the staff recommendation. Case No. 14 -2662 Wanda Burguess & Bernice Thomas 19 Meeting Minutes Code Compliance Magistrate Hearings Boynton Beach, Florida February 18, 2015 Property Address: 432 NW 12 Avenue Violation(s): CO CH13 SEC 13 -16 BBA FBC 2010 ED 105.1 CO CH10 SEC 10 -56 (D) CO CH10 SEC 10 -58 (F) CO CH10 SEC 10 -59 (E) Apply for and pass Business Tax Receipt inspection for your rental property. Obtain permit for backyard shed, repair broken windows, and washer drain. ` Obtain electrical meter covers for 434. Officer Shickles presented the case as contained in the Notice of Violation. Service was obtained by the signed green card dated January 30, 2015. Staff recommended a 10- day compliance deadline of February 28, 2015, or a fine of $50 a day thereafter. Decision Seeing no one in the audience to respond, Ms. Ellis ordered the staff recommendation. Case No. 14 -2679 Robert Pulik & Devon Culverson Property Address: 628 South Road. Violation(s): CO CH15 SEC 15 -120 (D) INC. CO CH10 SEC 10 -52 Mow and trim property. Remove outside storage and trash and debris from rear and side yards. Remove inoperable and unregistered vehicles. Officer Shickles 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 February 6, 2015. Staff recommended a 10 -day compliance deadline of February 28, 2015, or a fine of $50 a day thereafter. Decision Seeing no one in the audience to respond, Ms. Ellis ordered a 10 -day compliance deadline with a $200 a day fine. Case No. 14 -2711 BN Estates LLC Property Address: 401 NW 13 Avenue Violation(s): CO CH13 SEC 13 -16 CO CH15 SEC 15 -120 (D) INC CO CH10 SEC 10 -56 (B) 20 Meeting Minutes Code Compliance Magistrate Hearings Boynton .Beach, Florida February 18, 2015 Mow and trim yard and bushes. Remove outside storage of wood and tires. Paint house numbers a contrasting color from house. 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 Respondent was not a repeat violator. Service was obtained by posting the property and City Hall on February 2, 2015. Staff recommended a 10 -day compliance deadline of February 28, 2015, or a fine of $100 a day thereafter. Decision Seeing no one in the audience to respond, Ms. Ellis ordered the staff recommendation. Case No. 14 -2266 Ulrick and Yvonne Joseph Property. Address: 3180 E. Atlantic Drive Violation(s): CO CH13 SEC 13 -16 Apply for and pass Business Tax Receipt inspection for rental property. Officer Weixler advised this case complied. Case No. 14 -2692 Jean Stephene Property Address: 2960 N. Seacrest Blvd. Violation(s): CO CH13 SEC 13 -16 Apply for and pass Business Tax Receipt inspection for rental property. Officer Weixler presented the case as contained in the Notice of Violation. The Respondent was not a repeat violator. The green card was signed January 23, 2015. Staff recommended a 15 -day compliance deadline of March 15, 2015, or a fine of $100 a day thereafter. Decision Seeing no one in the audience to respond, Ms. Ellis ordered the staff recommendation. Officer Pierre recommended the following cases receive "No Fine: ". Case No. 14-2217 ICTNVM Investments LLC 112 Commerce Road Case No. 14 -2263 ICTNVM Investments LLC 111 Commerce Road Case No. 14 -2081 Anworth Properties INC 816 NW 8 Avenue Case No. 14 -2133 Rosetta Rafala 321 Ridge Hill Rd. A 21 Meeting Minutes Code Compliance Magistrate Hearings Boynton Beach, Florida February 18, 2015 Officer Pierre recommended the following cases be tabled to March 18, 2015: Case No. 14 -727 Ellington Beckles Est. 310 NW 16 Court Case No. 14 -2200 Bertha G. Brown & Grovenia Scott 210 NE 19 Avenue Case No. 14 -1582 Maureen Gross 3200 E. Atlantic Drive Officer Pierre recommended the following cases be tabled to April 15, 2015: Case No.14 -1289 J S Ende Family LP 6600 High Ridge Road Case No.14 -947 Darrell & Dorothy Mitchell 1471 SW 25 Avenue B Case No.14 -2431 Eliseu Monteiro 815 SW 3 Street Officer Pierre 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 morning for any of the cases I am requesting for certification at this time. All of the cases have been re- inspected and each case remains in non - compliance. The following cases are requested for certification at this time in the amount established by the Board in the Orders of Violation for each case, as set forth on the docket ": Case No. Name Address Amount per day 14 -1906 Inlet Plaza - 1808 N. Federal Highway $200 14 -2413 Jonathan & Linda Painter 2706 SW 5 Avenue $100 14 -2414 Lansdowne Mortgage LLC 103 SE 21 Avenue $100 14 -2449 Beauly LLC 3070 SE 1 Place $500 14 -2336 Michael Sanches 2221 NW 1 Street $500 Officer Pierre announced the Cease and Desist Order for the following case should be certified at $100 for one occurrence plus administrative fees: Case No. 13 -2239 Aaron Clay & Alfred Dort 310 Ocean Parkway Decision Ms. Ellis ordered the aforementioned lien penalty cases certified, tabled the cases recommended by staff, and certified the Cease and Desist Order for one occurrence. 22 Meeting Minutes Code Compliance Magistrate Hearings Boynton Beach, Florida February 18, 2015 Decision Ms. Ellis approved the conditional release of two liens for 1550 and 1600 N. Federal Highway properties and recording of the stipulated agreement as payment of $12,268.24 was received for the release of liens. Ms. Springer advised Case No. 14 -2401 that appeared on page eight of the January agenda was not heard. The violations were corrected and the case has been closed. Decision Ms. Ellis ordered the case closed. Adjournment There being no further business to discuss, Ms. Ellis adjourned the meeting at 10:57 a.m. &tte./Aulul- Catherine Cherry Minutes Specialist 20150218 23