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Minutes 01-21-15 MINUTES OF THE CODE COMPLIANCE/LIEN REDUCTION HEARINGS HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, ON WEDNESDAY, JANUARY 21, 2015, AT 9 A.M. PRESENT: Carol Dutra Ellis, Special Magistrate Diane Springer, Code Compliance Coordinator 1. Call To Order Ms. Ellis, Special Magistrate, called the meeting to order at 9:02 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. Ill. Approval of Agenda Vestiguerne Pierre, Senior Code Compliance Officer, announced the following changes to the agenda: Case Nos.:14-2376, 14-2464, 14-727 were tabled to the February 18, 2015 meeting. Case Nos. 14-2442 and 14-14-2073 14-2658 were corrected. Case No. 14-2199 was removed. Decision Ms. Ellis approved the agenda with the changes as cited by staff. 111111. 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) Case o.1 -2466 Mahalia Bradley Property Address: 100 NE 17th Court Violation(s): CO C H10 SEC 10-52 CO CH15 SEC 15-120(D) INC CO CH10 SEC 10-56(D) Meeting Minutes Code Compliance Hearings Boynton Beach, Florida January 21, 2015 Remove inoperable unregistered vehicles from property and all materials stored outside. Install four-inch house numbers on building to be visible from the street. Pat Hart, Code Compliance Officer, advised the case arose from a routine inspection on October 28, 2014, which revealed the above captioned violations. Written notice was sent on October 28, 2014. Certified mail was sent December 5, 2014. The green card was signed on December 15, 2014. The inoperable vehicle and outside storage was removed. The last inspection occurred on January 20, 2015. Officer Hart had photographs he showed to Ms. Ellis. Mahalia Bradley, the owner, indicated the house numbers are five inches and they were installed outside by the light. Ms. Ellis suggested a re-inspection occur. Decision Ms. Ellis ordered seven days to arrange for an inspection. If the house numbers were not posted, a $100 a day fine would be imposed thereafter. Case No. 14-2504 Chantale Jacques Property Address: 123 NE 11th Avenue Violation(s): CO CH10 SEC 10-52 CO CH15 SEC 15-120(D) INC BBA FBC 2010 ED 105.1 Remove unregistered and inoperable vehicles form the property. Clean outsides storage from rear of the property. Obtain a permit for the shed in the backyard. Jeff Shickles, Code Compliance Officer, advised the case arose from a routine inspection on November 10. 2014. The above caption violations were noted. The Respondent was not a repeat violator. Written notice was sent and service was obtained by a signed green card, dated some time in December. The property was last inspected on January 20, 2015, and no progress was made. Officer Shickles had photographs Ms. Ellis viewed. Andrew Jacques, the Respondent's son, was present and explained the car was damaged and needed an inspection from the insurance company. He did not know how long it would take, and a lawyer was working on the matter. He requested seeing the photographs so he would know what to do. He commented they started removing the items last weekend. Staff recommended a 10 -day compliance deadline of January 31, 2015, or a $150 fine a day thereafter. 2 Meeting Minutes Code Compliance Hearings Boynton Beach, Florida January 21, 2015 Ms. Ellis explained there were ongoing violations. If there was a shed, they must obtain a permit from the Building Department. She emphasized they had 10 days to apply for a permit and 10 days to clean the property and remove the vehicle. Decision Ms. Ellis ordered the staff recommendation. Case No. 14-792 Christa Jean Property Address: 113 Arthur Court Violation(s): CO CH15 SEC 15-120(D) INC CO CH10 SEC 10-52 CO CH10 SEC 10-56 (D) Repair roof and gutter. Remove inoperable vehicle from property and all outside storage. Install four-inch house numbers on building to be visible from the street. Officer Hart reviewed the case arose from a routine inspection on April 2, 2014. The above captioned violations were noted. Written notice was sent the same day giving 10 days to correct the violations. Certified mail was sent December 22, 2014. The green card was signed January 2, 2015. The vehicle and outside storage was removed. Staff recommended a 30-day compliance deadline of February 20, 2015, or a fine of $100 a day thereafter. Ms. Ellis inquired why it took so long for the case to be heard and learned it had been tabled. Officer Hart had photographs Ms. Ellis viewed. Christa Jean, the owner, commented the roof was in bad condition. She contacted someone to repair the roof and needed 30 days. Ms. Jean further stated the numbers were on the mailbox; however, Ms. Ellis explained they had to be on the house. Decision Ms. Ellis ordered a 30-day deadline to repair the roof, by February 20, 2015, or a fine of $100 a day would be imposed thereafter. She ordered seven days to install the house numbers by January 28, 2015, or a fine of $100 a day would be imposed thereafter, Case No. 14-2181 Larry A. Gamble, Sr. Property Address: 230 NW 12 Avenue Violation(s): CO CH10 SEC 10-52 CO C15 SEC 15-120(D) INC CO CH10 SEC 10-56 (B) Repair or replace wood fence, remove all trash and debris and outside storage from the property. Remove all 3 Meeting Minutes Code Compliance Hearings Boynton Beach, Florida January 21, 2015 unregistered and unlicensed trailers from the property. Officer Shickles explained the case arose from a routine inspection on September 19, 2014. The above captioned violations were noted. Written notice was sent giving 30 days to correct the violations. Service was obtained by the green card signed on October 31, 2014. The property was last inspected on January 20, 2015, and staff recommended a 10-day compliance deadline. Larry Gamble, the owner, advised he cleaned up the trailer, obtained the tag for the car, repaired the fence and removed the trash and debris. He wanted to know what remained outstanding. Officer Shickles had photographs Ms. Ellis and Mr. Gamble viewed. He disagreed with the photographs submitted and showed Ms. Ellis photographs he had on his phone showing the property was cleaned. Ms. Ellis noted there was a dispute. Decision Based on the testimony of the City and the Respondent, Ms. Ellis gave 10 days to correct the violations and for staff to reinspect and advise if the property was in compliance. If not, they would give specific directions to comply. It did not appear there was a lot remaining to be done. The compliance deadline was January 31, 2015, or a fine of $150 a day would be imposed thereafter. Officer Shickles advised the photographs Mr. Gamble produced was not the location. Ms. Ellis did not feel all were addressed and there was still a violation. Case o.1 -2457 Guerlande & Larousse Darcelin Property Address: 428 NW 4 th Avenue Violation(s): CO CH10 SEC 10-52 CO CH15 SEC 15-120(D) INC Remove inoperable vehicles from property. Officer Shickles advised the case arose from a routine inspection on October 28, 2014, which revealed the above captioned violations. The Respondents were not repeat violators. Written notice was sent giving 10 days to comply. Service was obtained by a signed green card dated December 13, 2014. The property was last inspected on January 20, 2015. Staff recommended a 10-day compliance deadline of January 31, 2015, or a fine of $50 a day thereafter. The Minutes Specialist administered an oath to all those intending to testify. 4 Meeting Minutes Code Compliance Hearings Boynton Beach, Florida January 21, 2015 Guerlande and Larousse Darcelin, the owners, explained he had an accident and there was insurance on the vehicle. He had not received any funds to fix the car. Officer Shickles had photographs he showed to the Respondents and Ms. Ellis. He did not recall when he had the accident, but he maintained insurance on it. The vehicle was parked in front of the home. Officer Shickles recommended 10 days be given to correct the violations. Mr. Darcelin wanted to fix and use the car and obtained a quote. Decision Ms. Ellis ordered the staff recommendation. Mr. Darcelin requested 60 to 90 days. Ms. Ellis noted the vehicle was an ongoing violation since October and the 10-day deadline remained. Case o.1 -2458 Henry & Dorothy Davis Property Address: 529 NW 5th Street Violation(s): CO C15 SEC 15-120(D) INC BBA FBC 2010 ED 105.1 Remove trash and debris and outside storage from rear of the property. Obtain permit for concrete shed. Officer Shickles stated the case arose from a routine inspection on October 28, 1014, which revealed the above captioned violations. The Respondents were not repeat violators. Written notice was sent giving 30 days to correct the violations. Individual service was signed on January 8, 2015. The property was last inspected on January 20, 2015. Staff recommended a 10-day compliance deadline of January 31, 2015, or a fine of $150 a day thereafter. Officer Shickles had photographs he showed to Ms. Ellis and the Respondents. Dorothy and Henry Davis, the property owners, were in agreement with the photographs. They explained they were cleaning up the property, but there were extenuating circumstances. A year ago, Mr. Davis had a heart attack, a broken wrist and fractured foot, which had not completely healed. They were unable to correct the violation or pay someone to clean up the property. Mrs. Davis advised a neighbor recently provided a trailer to haul the trash and the neighbor on the other side agreed to load the trash and debris into the trailer. She explained Hurricane Katrina demolished their shed. There had been a shed, but the Building Department would not permit it. The concrete building was on the property since 1983. They lived at the property since the 70s. Decision Ms. Ellis ordered 10 days to remove the trash and debris and if the trash and debris was not addressed, a fine of $100 a day would be imposed thereafter. She encouraged the Respondents to contact the City so they could inspect for the trash and debris. The 5 Meeting Minutes Code Compliance Hearings Boynton Beach, Florida January 21, 2015 Respondent requested more time. Staff had no objection to a 15-day compliance deadline of February 5, 2015. Decision Ms. Ellis so ordered. Mr. Davis constructed the shed in the 1970s when he purchased the property and he provided the property's history. Officer Shickles only found a permit for a re-roof in 2000. Decision Ms. Ellis wanted City staff to research the shed/permit issues and she tabled this portion of the violation for 30 days. Mr. Davis protested his right to have items in his backyard, out of view. Ms. Ellis explained there were ordinances detailing what was permitted and the process to be followed in every City. She encouraged Mr. Davis to communicate with Officer Shickles. Case No. 14-2217 11CTNVM Property Address: 112 Commerce Road Violation(s): BBA FBC 2010 ED 105.1 Racks installed without permit. Red tagged. Luney Guillaume, Code Compliance Officer, explained the Notice of Violation for this case was September 24, 2014, for racks over eight feet installed without a permit. The case was heard November 19, 2014, and Frank Grasso appeared. The compliance date and fine set by the Board was December 19, 2014, or a fine of $150 a day thereafter. The violations remained outstanding for 30 days. Frank Grasso, General Manager, commented, he, his general contractor and the sprinkler contractor had been in contact with the Building Department. The Fire Inspector was in the hospital for 2.5 weeks, delaying the matter. The sprinkler manager contacted Rick Lee who agreed to pull that part from the permit so it could be addressed. It was hand delivered in a letter a week and a half ago and there had been no action since. Mr. Grasso was seeking relief on some of the fine due to the extenuating circumstances. He produced documents in support of his testimony. The general contractor advised the issue was under review and the permit was imminent. Ms. Ellis acknowledged it appeared there had been efforts to comply and it takes time for the different department reviews. 6 Meeting Minutes Code Compliance Hearings Boynton Beach, Florida January 21, 2015 Decision Ms. Ellis tabled the case to the next meeting to see what would occur. She advised the fines would continue to accrue, but if it complied, no fine would be imposed. Case No. 14-2263 1CTNVM Property Address: 111 Commerce Road Violation(s): BBA FBC 2010 ED 105.1 Racks installed without permit. Red tagged. Officer Guillaume presented the case which was the same as the prior case. The case was heard November 19, 2014, and Frank Grasso appeared. The compliance date and fine set by the Board was December 19, 2014, or a fine of $150 a day thereafter. The violations remained outstanding for 30 days. Decision Ms. Ellis tabled the case to the next meeting. Case No. 14-1515 Rockwell Management LLC Property Address: 333 SE 23 Avenue Violation(s): CO CH10 SEC 10-56(C) CO CH15 SEC 15-120(D) INC CO CH13 SEC 13-16 Apply for and pass inspection for the Business Tax Receipt for rental property. Fix screen, driveway apron, and rotted fascia. Remove debris in patio and on patio and sod bare spots in yard. Officer Pierre explained the Notice of Violation was June 24, 2014, for the above violations. The Code Compliance Hearing was October 10, 2014, and no one appeared. The compliance date and fine set was to comply by November 11, 2014, or a fine of $200 a day would be imposed thereafter. The property was still in violation, having 67 days of non-compliance. The debris was removed and they fixed the driveway, but they could not obtain the Business Tax Receipt because it could not pass inspection. The fine totaled $13,400 plus administrative fees. An attorney spoke on behalf of Rockwell Management LLC, and explained Rockwell Management LLC received the notice and took good faith actions to address the property. The owner does not know what else needed to be done and requested he be given a specific list of the details, so he could make the repairs. He noted the owner 7 Meeting Minutes Code Compliance Hearings Boynton Beach, Florida January 21, 2015 has a good track record and suggested the matter be tabled so the owner could close on the property. Officer Pierre responded the statements were not accurate. He and Officer Cain went to the property and explained exactly what needed to be done to obtain the license. The Attorney explained two individuals approached him interested in purchasing the property, but the owner could not afford to address the roof. He had to sell the property. Ms. Ellis inquired why no one appeared in October and the Attorney responded Officer Pierre advised him he would request the matter be tabled to the November meeting. Officer Pierre responded that was not accurate, he would request the matter be given 30 days. Ms. Ellis explained the issue is there are violations that have to be resolved. She understood some of the violations were repaired and the pool, screen and rotten fascia had to be repaired. Ms. Ellis was told the pool had been maintained since July and the fascia board was repaired. Officer Pierre explained the interior was in bad shape. There was a tenant in the premises with a leaking roof and live electrical wires. The Attorney explained they have a buyer with the funds to address the roof, who needs time to close on the property and be given time to make the repairs. If he was given the list of repairs, he would close on the property and correct the violations. Ms. Ellis noted this was a public safety hazard. The Attorney explained there were three units and the tenant in the unit with the violations was given a discount and the opportunity to leave. Ms. Ellis explained she cannot turn a blind eye to the situation Decision Ms. Ellis certified the lien, advised it should be remedied, and they would have the opportunity to come back to have the lien reduced or removed. Case o.1 -2242 IgIad Naurelus Property Address: 216 SW 5 th Avenue Violation(s): CO CH13 SEC 13-16 Apply for and pass inspection for your Business Tax Receipt for rental property. Officer Shickles reported the case was heard November 19, 2014, and the Respondent appeared. The compliance date and fine set by the Board was to comply by November 29, 2014, or a fine of $150 a day would be imposed thereafter. The violation still exists having 52 days of non-compliance. The property was last inspected January 20, 2015. Mr. Naurelus had a water bill with his name on it, but had other water bills in his name. 8 Meeting Minutes Code Compliance Hearings Boynton Beach, Florida January 21, 2015 Iglad Naurelus, SW 5 th Avenue, produced his ATT bill. Ms. Ellis noted the violation was at 216 SW 5 th Avenue. The Property Appraiser's website also showed the subject property was not homesteaded. Mr. Naurelus did not now why it was not. He did not change his driver's license, but asserted he lives at the premises. Decision Based on the evidence and that there was sufficient time to address the matter, Ms. Ellis certified the fine. She commented there was a fine imposed on the property and he had one more opportunity to remove the lien. It was not a matter of changing his license; he had to live at the premises. Officer Shickles explained Mr. Naurelus has not contacted him since the hearing. When he posted the property months ago, a woman there stated she was renting. Case No. 09-2813 Alex Rivera & Christy Carone 1814 Meadows Circle W. Diane Springer, Code Compliance Coordinator, advised the Notice of Violation was sent on August 27, 2009, regarding a Business Tax Receipt. The case was heard on November 18, 2009, and no one appeared. The compliance date set by the Board was December 18, 2009, or a fine of $100 would be imposed thereafter. Compliance was confirmed on November 24, 2014, having a fine of $180,100 and administrative costs of $634.12. Ms. Springer was contacted in November and staff confirmed the property was vacant. There was an outstanding water bill of $168.91 that had to be paid. All else was in compliance. Juan Robles, Realtor with Century 21, and representative of the owner, explained the property was foreclosed by Deutsch Bank National Trust Company in August 2013. The property was sold at auction, and Deutsch Bank assured the owner there were no liens, and the owner made the purchase. The new owner already paid hefty fines from the Homeowner's Association. She decided to sell the property because she could not maintain it and the HOA fees and learned of the liens. He commented the owner was taking a loss. He requested the fines be waived, but was aware she would have to pay administrative fees to the City. Decision Ms. Ellis reduced the lien to $1,500 plus the administrative fees of $634.12. 9 Meeting Minutes Code Compliance Hearings Boynton Beach, Florida HEM January 21, 2015 Case No. 13-1394 Pelican Estates, Inc. 1340 Neptune Drive Ms. Springer explained the Notice of Violation was sent on June 28, 2013, regarding a Business Tax Receipt. The case was heard on October 26, 2013, and no one appeared. The compliance date and fine set was October 26, 2013, or a fine of $200 a day would be imposed thereafter The violations were corrected on October 22, 2014, having 360 days of non-compliance and a total fine of $72,072, plus five inspections at $730.15. The property was a commercial property. She was first contacted in November and the Respondent had to remove outside storage, wood on the northeast corner and parking spaces, restripe the parking lot, trim the overgrowth, remove an inoperable truck in the rear of the property, an unpermitted sign on the road front, place six-inch street numbers on the building, paint over the old signage and replace the stop sign at both entrances. The Respondent complied within a short period of time. Andrew Marciniszin, representing Pelican Estates, Inc., explained they learned of the liens in August 2014. Prior to that, the bookkeeper received the notice and went to the City and paid the Business Tax Receipt in October. He thought he was correcting the issue by making the payment. The bookkeeper became ill, and they finally received the notices in August. They contacted the tenant and corrected the matter. He requested the City reduce the lien. Decision Based on the testimony, Ms. Ellis reduced the lien to $1,000 plus administrative costs of $730.15. Case No. 14-2575 Sylvie Ellassaint — Jose Vargas, Tenant Property Address: 21 S. Atlantic Drive Violation(s): CH 15 ARTX SEC 15-121:124 It is unlawful for any person who is required to register as a sexual predator or offender, under the laws of the State to establish a permanent or temporary residence within 2,500 feet of any school, designated public school bus stop, day care center, park, playground or any other place where children regularly congregate. Officer Hart presented the case as contained in the Notice of Violation. The case was a City department referral. The initial inspection date was November 14, 2014. Written notice was sent November 14, 2014, giving 30 days to address the matter. Service was 10 Meeting Minutes Code Compliance Hearings Boynton Beach, Florida January 21, 2015 obtained by posting at City Hall on December 30, 2014. The Florida Department of Law Enforcement website reflected the owner still resided at the premises as of January 2015. Officer Hart had a map which Ms. Ellis reviewed. Jose Vargas, explained if he had to move, he would need more time. His wife was present and explained they moved from New Jersey and registered. The Palm Beach County Sheriff's Department did not advise them they were not in compliance, until the Boynton Beach Police showed up. Her mother had a stroke, and then Mr. Vargas had a stroke. She is in school, takes care of her mother, her children and him. She advised it is hard for her to find a place to move her family, due to his charges. Ms. Ellis sympathized and explained children have to be protected. He was not permitted to be at the home. Decision Ms. Ellis gave Mr. Vargas seven days to vacate or a fine of $500 a day would be imposed thereafter. She advised this charge would follow Mr. Vargas all his life. B. Cases to be Heard — New. The following Respondents were not present. Case No. 14-2345 Maturin Adlajuste Property Address: 2416 NE 3 rd Street Violation(s): BBA FBC 2010 ED 105.1 Permit expired. Remove carport enclosure structure (garage) or secure proper building permit. Officer Hart presented the case. Service was by certified mail sent on December 22, 2014. The green card was signed December 24, 2014. Regular mail was sent October 10, 2014. As of January 20, 2015„ the permits had not been obtained. He spoke with the Respondent and was advised they would obtain the permit within 60 days. Staff recommended a 60-day compliance deadline of March 22, 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. 14-2620 Dominick Brunetti Property Address: 740 Rider Road Violation(s): CO CH2 SEC 2.5 — 3 + 2.5-7 Obtain alarm decal as required by Ordinance and place on front door or front window. 11 Meeting Minutes Code Compliance Hearings Boynton Beach, Florida January 21, 2015 Officer Pierre presented the case for the above captioned violation. The initial inspection date was November 24, 2014. Staff recommended a 10-day compliance deadline of January 31, 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. 14-2650 1865 Woollbright Road LLC — Gold Standard Jewelers Property Address: 1865 W. Woolbright Road Violation(s): CO CH2 SEC 2.5-3 + 2.5-7 Obtain alarm decal as required by Ordinance and place on front door or front window. Officer Pierre presented the case for the above captioned violation. The initial inspection date was December 2, 2014. Staff recommended a 10-day compliance deadline of January 31, 2015, or a fine of $100 a day would be imposed thereafter. Decision Seeing no one in the audience to respond, Ms. Ellis ordered the staff recommendation. Case No. 14-2546 NHO Real Estate USA LLC Property Address: 94 Magnolia Circle Violation(s): CO CH13 SEC 13-16 CO CH15 SEC 15-120(D) INC Apply for and pass inspection for Business Tax Receipt for your rental property. Remove washer and dryer from the driveway. Officer Guillaume presented the case. An initial inspection on November 12, 2014, revealed the above captioned violations. Staff recommended a 10-day compliance deadline of January 31, 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. 14-2548 NT & T LLC Property Address: 606 Meadows Circle Violation(s): CO CH 13 SEC 13-16 12 Meeting Minutes Code Compliance Hearings Boynton Beach, Florida January 21, 2015 Apply for and pass inspection for your Business Tax Receipt for rental property. Officer Guillaume explained the case arose from a citizen complaint. The initial inspection date was November 12, 2014. Staff recommended a 10 -day compliance deadline of January 31, 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 -2441 Margie M. Moore Property Address: 2101 NE 1 Way Violation(s): CO CH15 SEC 10- 120(D) INC CO Ch10 SEC 10 -56 (B) Please mow, trim and weed all overgrowth. Repair or remove broken wood fence. Paint home exterior. Officer Hart presented the case for the above captioned violations. The Respondent was not a repeat violator. Service was obtained on December 17, 2014. Regular mail was sent on October 17, 2014, and notice was posted at City Hall on December 30, 2014. Staff recommended a 45 -day compliance deadline of March 7. 2015, or 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 42-2444 Ellington Beckles Property Address: 201 NE 18 Avenue Violation(s): CO CH10 SEC 10 -52 CO CH13 SEC 13 -16 CO CH15 SEC 15- 120(D) INC Mow, trim and weed all overgrowth. Remove inoperable and /or unregistered vehicles form the property. Apply for and pass inspection for Business Tax Receipt for your rental property. Officer Hart presented the case. The Respondent was a repeat violator. Service was obtained by certified mail sent December 17, 2014. The green card was signed on December 20, 2014. Notice was sent regular mail on October 27, 2014. Staff 13 Meeting Minutes Code Compliance Hearings Boynton Beach, Florida January 21, 2015 recommended a 10 -day compliance deadline of January 31, 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 -2452 Candelaria V. Velasquez Property Address: 312 NE 20 Avenue Violation(s): CO CH15 SEC 15- 120(D) INC Remove all materials stored outside, including trash and debris. Officer Hart presented the case for the above captioned violation. The Respondent was not a repeat violator. Certified mail was sent on December 9, 2014. The green card was signed December 20, 2014. Regular mail was sent October 28, 2014. Staff recommended a 10 -day compliance deadline of January 31, 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 -2454 Johnny and Manouche Marcandy Property Address: 338 Gateway Blvd. Violation(s): CO CH15 SEC 15- 120(D) INC CO CH10 SEC 10 -56 (B) and (D) Remove materials stored outside. Repair or remove broken fence. Remove blue tarp and repair roof. Officer Hart presented the case for the above captioned violations. Service was posted at City Hall on January 8, 2015. Regular mail was sent on October 28, 2014. Staff recommended a 45 -day compliance deadline of March 7, 2015, or 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- 246862 Richard Meeks Property Address: 1941 NE 1 Way Violation(s): CO CH10 SEC 10 -52 CO CH15 SEC 15- 120(D) INC 14 Meeting Minutes Code Compliance Hearings Boynton Beach, Florida January 21, 2015 Remove inoperable, unregistered vehicles from the property. Remove all materials stored outside and trash and debris. Officer Hart presented the case for the above captioned violations. Notice was posted at City Hall on January 2, 2015. Written notice was sent on October 28, 2014. The Respondent was not a repeat violator. Staff recommended a 10-day compliance deadline of January 31, 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. 14-2467 FPM Properties Property Address: 161 NE 17 Court Violation(s): CO CH10 SEC 10-52 CO Ch15 SEC 15-120(D) INC CO Ch10 SEC 10-56 (D) Remove inoperable, unregistered vehicles from property. Remove all materials stored outside, as well as trash and debris. Install four-inch house numbers on building to be visible from the street. Officer Hart presented the case for the above captioned violations. Service was obtained by posting at City Hall on January 8, 2015. Notice was sent by regular mail on October 18, 2014. Staff recommended a 10-day compliance deadline of January 31, 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. 14-2569 St. Michael Properties LLC Property Address: 1402 Meadows Circle W. Violation(s): CO CH13 SEC 13-16 Apply for and pass inspection for Business Tax Receipt for your rental property. Officer Hart presented the case for the above captioned violations. Service was sent by certified mail on December 4, 2014. The green card was signed, but not dated. Notice 15 Meeting Minutes Code Compliance Hearings Boynton Beach, Florida January 21, 2015 was sent regular mail on November 13, 2014. Staff recommended a 10-day compliance deadline of January 31, 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. 14-2636 Leon and Gall Jenkins Property Address: 1860 N. Seacrest Blvd. Violation(s): Apply for and pass inspection for Business Tax Receipt for your rental property. Officer Hart presented the case for the above captioned violation. Service was sent by certified mail on December 17, 2014. The green card was signed, but not dated. Regular mail was sent December 1, 2014. The Respondents obtained the Business Tax Receipt, but the City requested a Cease and Desist Order, due to their repeat violator status. Decision Seeing no one in the audience to respond, Ms. Ellis ordered the Cease and Desist Order with a $250 per occurrence fine, commencing January 22, 2015. Case No. 14-2637 Leon and Gall Jenkins Property Address: 1450 NW 1 St Street Violation(s): Apply for and pass inspection for Business Tax Receipt for your rental property. Officer Hart presented the case for the above captioned violation. The Respondents were repeat violators. Service was obtained by certified mail sent December 17, 2014. The green card was signed, but not dated. Regular mail was sent December 1, 2014. The Respondents obtained the Business Tax Receipt, but the City requested a Cease and Desist Order, due to their repeat violator status. Staff recommended a fine of $250 per occurrence. Decision Seeing no one in the audience to respond, Ms. Ellis ordered the Cease and Desist Order with a $250 per occurrence fine, commencing January 22, 2015. Case No. 14-2638 Leon and Gail Jenkins Property Address: 1500 NW 3 rd Street Violation(s): CO CH13 SEC 13-16 16 Meeting Minutes Code Compliance Hearings Boynton Beach, Florida January 21, 2015 All rental property within the City Limits of Boynton Beach must apply for and pass inspection for a Business Tax Receipt. Officer Hart presented the case for the above captioned violation. Service was sent December 17, 2014. The green card was signed December 22, 2014. Written notice was sent December 1, 2014. There was no Business Tax Receipt. Staff requested a Cease and Desist Order and a 10-day compliance deadline of January 31, 2015, and a fine of $100 a day. Decision Ms. Ellis ordered a compliance deadline of January 31, 2015, with a fine of $100 a day thereafter, and a Cease and Desist Order commencing January 22, 2015, with a $250 fine per occurrence. Ms. Ellis recessed the meeting at 10:53 for a short break. The meeting reconvened at 11 a.m. The Respondent for the following case had arrived and was administered an oath. Case No. 14-2595 Blana H. Jones Property Address: 221 NW 5 th Court Violation(s): CO CH 10 SEC 10-52 CO CH10 SEC 10-56 (D) CO C15 SEC 15-120(D) INC Remove all unregistered and/or inoperable vehicles from the property. Remove outside stored items of furniture and buckets. Install four-inch house numbers on building to be visible from the City Street. Officer Shickles presented the case. An initial inspection on November 19, 2014, revealed the above captioned violations. Written notice was sent giving 15 days to correct them. The Respondent was not a repeat violator. Certified mail was sent and the green card was signed, but not dated. Staff recommended a 10-day compliance deadline of January 31, 2015, or a fine of $100 a day thereafter. Officer Shickles had photographs he gave to Ms. Ellis. There were three vehicles on the premises. The house numbers were installed. Ms. Jones, the owner, testified the old car was an antique belonging to her son who died, and it was removed. Another car had a valid tag, but she suspended the insurance until April 2015, when it would be repaired. All the vehicles were removed except for the one yellow vehicle. 17 Meeting Minutes Code Compliance Hearings Boynton Beach, Florida January 21, 2015 Ms. Ellis explained the City Code does not permit cars that did not work to be stored on residential property and it had to be removed or towed. Decision Ms. Ellis ordered 15 days to remove the vehicle and items stored outside from the property, by February 5, 2015, or a fine of $50 a day would be imposed thereafter. Case No. 14-1736 SFRH SF Rental LIP Property Address: 2511 SE 2nd Street Violation(s): CO CH13 SEC 13-16 Apply for and pass inspection for a Business Tax Receipt for your rental property. Officer Pierre presented the case for the above captioned violation as stated in the Notice of Violation. Staff recommended a 10-day compliance deadline of January 31, 2015, or a fine of $100 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case o.1 -2411 Federal National Mortgage Assoc. Property Address: 706 SW 27 Way Violation(s): CO CH130 SEC 13-16 CO CG15 SEC 15-120(D) INC Apply for and pass inspection for Business Tax Receipt for your rental property. Replace or repair driveway. Officer Pierre presented the case for the above captioned violations as contained in the Notice of Violation. Staff recommended a 10-day compliance deadline of January 31, 2015, or a fine of $100 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 14-2517 United Capital Group LLC Property Address: 641 NW 5 Street Violation(s): CO CH13 SEC 13-16 Apply for and pass inspection for Business Tax Receipt for your rental property. 18 Meeting Minutes Code Compliance Hearings Boynton Beach, Florida January 21, 2015 Officer Shickles presented the case for the above captioned violation as contained in the Notice of Violation. The case arose from a routine inspection. The Respondent was not a repeat violator. Proof of service was obtained by a signed green card to the registered agent, but it was not dated. Staff recommended a 10-day compliance deadline of January 31, 2015, or a fine of $100 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No.1 -2534 Uganda V. Allen Property Address: 147 NW 13 Avenue Violation(s): CO CH15 SEC 15-120(D) INC BBA FBC 2010 ED 105.1 CO CH10 SEC 10-56 (B) and (D) Repair chain link fence. Mow and trim overgrowth. Repair screens on soffit and fascia. Obtain permits for windows to be replaced. Secure property; and remove trash and debris and maintain property per City Code. Officer Shickles presented the case for the above captioned violations. The Respondent was not a repeat violator. Service was sent certified mail. The green card was signed and dated December 23, 2014. Staff recommended a 15-day compliance deadline of February 5, 2015, or a fine of $150 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 14-2550 Marie and Villus Thomas Property Address: 125 NW 4 th Avenue Violation(s): CO CH10 SEC 10-60 (B) (4) CO CH 10 SEC 10-52 CO CH15 SEC 15-120 (D) INC CO CH10 SEC 10-56 (B) Remove trash & debris and outside storage from yard. Remove unregistered and/or inoperable vehicles. Repair fence and gates. Remove awning or hurricane shutters in up position per safety requirements. 19 Meeting Minutes Code Compliance Hearings Boynton Beach, Florida January 21, 2015 Officer Shickles presented the case for the above captioned violations. The Respondents were repeat violators. Proof of service was sent certified mail. The green card was signed December 11, 2014. The property was a health and safety hazard. Staff recommended a 45-day compliance deadline of March 7, 2015, and a fine of $300 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 14-2598 104 NW 5 th Avenue Land Trust Property Address: 104 NW 5th Avenue Violation(s): CO CH10 SEC 10-56 (D) Secure property at all openings. Officer Shickles presented the case for the above violation. The Respondent was not a repeat violator. Service was by certified mail. The green card was signed and dated December 19, 2014. Staff recommended a 10-day compliance deadline of January 31, 2015, or a fine of $500 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case o.1 -2604 David M. Wilson Property Address: 215 NW 6 t" Avenue Violation(s): CO CH13 SEC 13-16 Apply for and pass inspection for Business Tax Receipt for your rental property. Officer Shickles presented the case for the above violation. Service was obtained by posting the property and at City Hall on January 8, 2015. The Respondent was not a repeat violator. Staff recommended a 10-day compliance deadline of January 31, 2015, or a fine of $100 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case o.1 -2605 Southern Engineering & Construction LLC Property Address: 204 NW 6 t" Avenue Violation(s): CO CH 10 SEC 10-52 CO CH13 SEC 13-16 20 Meeting Minutes Code Compliance Hearings Boynton Beach, Florida January 21, 2015 CO CH 15-120 (D) INC BBA FBC 2010 ED 105.1 Apply for and pass inspection for a Business Tax Receipt for your rental property. Mow and trim property and maintain per City Ordinance. Remove outside storage of tires, refrigerators, etc. Obtain permit for shed. Remove inoperable/unregistered vehicles. Officer Shickles presented the case for the above captioned violations. The Respondent was a repeat violator. Proof of service was sent by certified mail. The green card was signed, but undated. Staff recommended a 10-day compliance deadline of January 31, 2015, or a fine of $200 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No.1 -2634 Allen & Mae H. Gainer Property Address: 720 NW 3 rd Street Violation(s): CO CH 10- SEC 10-52 CO C13 SEC 13-16 CO CH15 SEC 10-120(S) INC Remove unregistered and/or inoperable vehicle from property. Remove outside storage of tires, clothing and trash and debris. Apply for and pass inspection for Business Tax Receipt for your rental property. Officer Shickles presented the case for the above captioned violations. The Respondents were repeat violators. Service was obtained by posting the property and at City Hall on January 8, 2015. Staff recommended a 10-day compliance deadline, or a fine of $100 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case o.1 -2647 Joann Batey Property Address: 130 NW 5 t" Avenue Violation(s): CO CH13 SEC 13-16 21 Meeting Minutes Code Compliance Hearings Boynton Beach, Florida January 21, 2015 Apply for and pass inspection for a Business Tax Receipt for your rental property. Officer Shickles presented the case for the above violation. The Respondent was not a repeat violator. Service was obtained by substitute service on the tenant on December 30, 2014. Staff recommended a 10-day compliance deadline of January 31, 2015, or a fine of $100 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 14-2522 Alandra L. Cooper Property Address: 2680 NW 1' Street Violation(s): CO CH 13 SEC 13-16 Apply for and pass Business Tax Receipt inspection for your rental property. Officer Hart presented the case for the above violation. The Respondent was not a repeat violator. Written notice was sent November 12, 2014. Certified mail was sent on December 5, 2014. The green card was signed, but undated. Officer Hart spoke to the owner yesterday and was advised the violations were corrected. Staff would have to reinspect the premises. Staff recommended a 10-day compliance deadline of January 31, 2015, or a fine of $100 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. V. Old Business A & B Lien Penalty Certifications Officer Pierre recommended the following cases receive "No Fine". Case No. 14-1713 Cherie L. Deschenes 449 NW 'I' Avenue Case No. 14-2076 Joseph Dinolfo 111 146 SW 7 th Avenue Case No. 14-2112 Juan Medina 70 NE 2w8th Court Case No. 14-2201 Linda R. Koch 1901 NE 2 nd Lane Case No. 14-1898 First Horizon Home Loans 2531 SW 13 Court Case No. 14-1899 Karen Schiff 3566 S. Lake Drive Case No. 14-1827 Kalince Die & Timothy Jeanty 227 Gateway Blvd. Case No. 14-1996 Hagstrorn 76 LLC 2260 NW 2 nd Street 22 Meeting Minutes Code Compliance Hearings Boynton Beach, Florida January 21, 2015 Case No. 14-2179 Phanor Joseph 2651 NE 4 th Street Case No. 14-2231 Agony Camille 3015 Ocean Pkwy. Case No. 14-2324 Safeguard Properties LLC 1316 NE 4 th Street Officer Pierre announced the following case was tabled to February 18, 2015: Case No. 14-2326 501 E. Gateway Blvd. Land Trust 501 Gateway Blvd. Officer Pierre announced the following case was tabled to July 15, 2015: Case No. 14-1267 Florida investment Trade 555 N. Railroad Avenue Officer Pierre read the following statement into the record: "The City is requesting the fines be certified in the following cases. All violators have been provided notice of today's hearing and Proof of Notice has been filed in the record with the Board Clerk. At this time, no one is present in Chambers for any of the cases / am requesting for certification. All of the cases have been re-inspected prior to today's hearing and each case remains in non-compliance. The following cases are requested for certification in the amount previously established by the Board in the Orders of Violation for each case." Case No. Name Address Amount per day 14-2022 Pro Sery Industries Inc. 1202 SW 21' Avenue $200 14-1905 Joseph K. Maiuro 27 Crossings Circle $100 14-1382 Federal National Mortgage Association 232 SW 4 th Ave. $ 50 14-2169 Nationstar Mtge. LLC 324 NW 1' Avenue $500 14-2063 Carolyn M. Brignola 38 Farnworth Drive $100 14-2120 Linda P. King 201 NE 28th Court $200 14-2196 Bernadette Alexander 10 NE 19 Avenue $100 14-2085 IA Boynton Beach Congress LLC 365 N. Congress Avenue $100 14-1451 Boynton Beach Palms LLC 2309 SE 3 rd Street $100 14-2026 Bank of New York Mellon 2639 SW 7 th Street $200 14-2077 Powermind Global Service 320 NE 13 Avenue $200 14-2177 Andra Jackson 558 NW 9th Avenue $150 14-2210 Doris Jones, Elizabeth Gamble Est. & Abagail Denson 115 NW 6 th Avenue $100 14-2257 Isidora R. Johnson 608 NW 5th Street $200 14-2059 Capital Fund Management Group Inc. 1 Crossings Circle D. $250 14-2170 Jenny Mosqueda 3215 Ocean Parkway $100 23 Meeting Minutes Code Compliance Hearings Boynton Beach, Florida January 21, 2015 14-2202 2820 SW 22 Prodigy Land Trust 3350 Ocean Parkway $100 Approve the conditional release of lien for four liens on 647 South Road. Payment of $16,064.56 was received for release of the liens. Decision Ms. Ellis approved the conditional release of lien for the 647 South Road Property, and the lien penalty certifications as stated by staff. I. Adjournment There being no further business to discuss, Ms. Ellis adjourned the meeting at 11:27 a.m. Cat L e Minutes Specialist 020215 24