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Minutes 05-20-15 MINUTES OF THE CODE COMPLIANCE/LIEN REDUCTION HEARINGS HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD. BOYNT B EACH, FLORIDA, ON W MAY 20, 2015, AT 9 A.M. PRESENT: Carol Dutra Ellis, Special Magistrate Diane Springer, Code Compliance Coordinator I. Call To Order Carol Ellis, Special Magistrate, called the meeting to order at 9:07 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. II Swearing in of Witnesses and Introduction The Minutes Specialist administered an oath to all those intending to testify. III. Approval of the April 15, 2015, Meeting Minutes with one correction: Page 7, Case No. 15 -22, the compliance date and fine should be April 30, 2015, and $250 per day. Decision Ms. Ellis approved the minutes with the correction. IV. Approval of Agenda Vestiguerne Pierre, Senior Code Compliance Officer, announced the following changes: Case Nos. 15 -181, 15 -184, 15 -185, 15 -319, 15 -394, 15 -323, 15 -581, 15 -432, 15 -468, and 15 -662 complied. Case Nos. 15 -502 and 15 -329 were removed. Case No. 15-760 was tabled to June 17, 2015. Decision Ms. Ellis approved the agenda with the changes for the May 20, 2015, Magistrate Hearing. MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BOYN BEACH, FLORIDA MAY 20, 2015 Diane Springer, Code Compliance Manager, determined the Respondents who were present. She advised Case No. 15 -505 would be heard first. Case No. 15 -505 Robert & Lilliana Richardson Property Address: 295 SE 10 Avenue Violation(s): LDR CH3 ARTIV SEC 3.D. LDR CH3 ART IV SEC 3.A. & B.2. CO CH15 SEC G. 151 -120 (D) INC. Storage and /or temporary storage and staging of vegetative matter is not allowed. Business activity and uses are not permitted for the subject property. Open storage of the following items is not permitted in an M -1 zoning district: Barrels, vegetative matters, storm panels, concrete pylons and junk. Repair fence. Courtney Cain, Code Compliance Officer, presented the case, which arose from a citizen complaint for the violations noted above. The subject property is a vacant lot. The Respondents were not repeat violators. Written notice was sent on March 16, 2015, giving 20 days to correct the violations. Service was made by posting the property and in City Hall on April 28, 2015. There was no Business Tax Receipt for the use of the property that the Richardsons lease to Mignanos. The property was last inspected on May 20, 2015, and was a health and safety issue. On March 2nd an email sent by Tradwick McCoy, Legislative Aide to State Representative Bobby Powell, complained about a pile of vegetation behind the home of his constituent, Angel Jones. On March 6, 2015, the property was inspected and found a pile of horticultural vegetation over six -feet high and at least half of the length of the vacant lot. There were also concrete pylons, barrels, storm panels and junk on the premises. The fence was in disrepair. Photographs were taken and a case was started. Mike Rumpf, Planning and Zoning Director, verified the correct section of the Code for the use for the site. On March 16, 2015, a Notice of Violation was mailed to the Richardsons. About the 19 of March, Robbin Garcia, Environmental Specialist with the Florida Department of Health in Palm Beach County, called in reference to a complaint she received about the property. She was told the property was cited and copies of the photographs and violations were sent to her at her request. On March 27, 2015, the property was re- inspected, the violations still remained and a Notice of Hearing was sent by certified mail for the May 20, 2015 Hearing, which was returned by the post office. Attempts to contact the Respondents were made on March 31, 2014, April 3, 2015, and April 15, 2015, and the Notice of Hearing was posted on 2 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BOYN BEACH, FLORIDA MAY 20, 2015 the property and at City Hall. On May 15 a request for postponement was received via email from Mr. Carney. On May 8 the Code Officer took photographs and the violations remained. On May 19 the property was re- inspected and there was still some junk and concrete on the property. The horticultural pile was gone, but the fence still had areas that needed repair. Ms. Ellis read the following excerpts of the letter from Angel Jones, residing at 915 SE 3 rd Street, Boynton Beach, to Mr. McCoy, Legislative Aide to State Representative Bobby Powell as follows: "My parents live in Boynton Beach and their ...inaudible. of residential and the back of the property is commercial. One of their neighbors, whose property is directly next door who has since passed away, when he was alive, sold the commercial part of his property to Mignano Landscaping. Mignano Landscaping dumps all of their landscape debris from all of their trucks in the back of the property and at the end of day, it remains there. They used to pick it up at the end of the week and now it's not picked up at all. There isn't an office there, they just use it as a dump site. There is mounds and mounds of debris there and it's there day after day all day long. As a result, my parents have rats, roaches, and raccoons and snakes on their property for years, which increasingly gets worse over the years. They have called the Health Department and the Health Department just refers them to the City of Boynton Beach. I'm gravely concerned for their health. They both have health issues. They have seen rodents as big as dogs and roaches as big as cats. They have roaches in their car as well. They have spent more money than they have on exterminators and nothing will get rid of them. My parents are below the federal income poverty line and cannot afford to keep paying for exterminators. It's not doing any good to keep wasting money on pest control because the dumping keeps happening and getting worse and this needs to be looked into because it is becoming an environmental health problem. We now see there is a bunch of 50 gallon drums in the yard, we do not know what is in them. Could be chemicals or maybe oil. Can you please help them? We would love your assistance on the matter. I hope we can get a quick resolution before the situation affects their health and well- being." Ms. Ellis requested a summary of the matter. The property was owned by Robert and Lilliana Richardson. Officer Cain assumed they have an arrangement with the landscaping company to dump there, but the landscape company was not the owner of the lot. Ms. Ellis inquired how the lot was zoned and learned it was not zoned for that type of use. 3 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BEA BOYNTON FLORIDA , 2015 Mike Rumpf, Planning and Zoning Director, explained the subject property was zoned M -1. The properties along the tracks in the City have the same zoning, but the use specifically discussed regarding vegetative recycling, storage, or staging is not permitted in the zoning regulations. Ms. Ellis inquired if the current owners have a Business Tax Receipt and learned they did not. The current status, based on the last inspection, showed there was still junk at the premises. Ms. Ellis requested Officer Cain identify in the photographs what junk was being referenced. Ms. Ellis received confirmation the City's position was there are still offending violations. Some were removed, but there still continues to be a violation. Officer Cain explained he was seeking a Cease and Desist Order and a fine of $500 a day. Ms. Ellis inquired what communications had occurred with the Respondent. Officer Cain explained all communication has been occurring through his Supervisor, Ms. Springer. Ms. Springer had correspondence back and forth with the attorney for the Richardsons, who asked for a postponement. She explained they would proceed with the case and noted only this past weekend did they start to address the violations since it was cited in March. Tom Carney, Attorney for the Respondents, 136 SE 5 th Avenue, gave photographs to Ms. Ellis taken four days ago that were sent to Code Compliance. He pointed out the violation area and the area that was asserted to be in violation. He explained he drew on the site plan and explained the area composed 1.7% of the site which has working trucks and boats on it. The cement pylons were gone, but he commented construction materials are allowed in the M -1 district as was the boat and truck. He provided a letter from the Health Department and announced they have a clean bill of health. Mr. Carney explained he represents Messrs. Richardson and Mignano. He advised he had asked for the extension as he was on a pilgrimage and he did not receive notice until the 30 of April. When he did, he immediately called Mike Rumpf and stated he wanted the extension so he could review the entire file and its history. He asserted many of the items cited have been occurring on the property over time, including last year when Code Compliance inspected and stated they only needed to build a fence to keep the area contained. Ms. Ellis questioned the relationship between the owner and the landscaping company and learned Mr. Richardson leases property to Mr. Mignano. Mignanos have about 70 employees in Delray Beach and as a result of the City's action, about 12 of them will lose their jobs affecting 65 families. Ms. Ellis inquired if the Richardsons have a Business Tax Receipt to conduct a business or lease the property. Officer Cain commented they did not. Attorney Carney explained the Richardsons own an air conditioning business next to the property and own property on both sides of the subject parcel. Across the street they operate an owner warehouse abutting the railroad tracks. Ms. Ellis explained based on the fact he has multiple ventures, he should have a Business Tax Receipt. Attorney Carney explained Mignano is licensed from the State and he participates in the Florida Coalition which cities are joining because it is for recycling, but Attorney Carney did not know if the Mignanos had a Business Tax Receipt. 4 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BEACH BOYNTON FLORIDA MAY 20, 2015 Mr. Carney explained all the vegetation is gone and the property passed inspection by the Health Department. The concrete pylons will be used for Mr. Richardson's' business and were pushed into a corner of the industrial site. The storm panels and barrel which was empty were all gone. They did not present a hazard to any party, and the property was not on a major arterial road. He thought there was more at stake than the violation and commented the City was looking at its use regulations for these types of properties. He opined the appropriate thing would have been to give them time to sit down with staff, determine what the proper use for an M -1 property was, and what was grandfathered. Mr. Richardson bought the property 13 years ago and it was used for construction storage prior to his purchase. He commented the Code addresses non- conforming uses and if they were in place and there was no expansion, they were exempt or grandfathered in. He commented they received a Bill of Health from the Health Department, and they cleaned everything. They have been 100% cooperative. Ms. Ellis reviewed the Bill of Health from the Department of Health and explained she was concerned about the surrounding property. Mr. Carney asserted the writer, Angel Jones, has a yard full of rotten mangos which probably contributed to the issue. Ms. Ellis explained the issue is, the use of the property has not been settled. Since it has not been settled, she cannot determine what the proper use was and it was up to the City. Conversely, she is to protect the City and its citizens. She understood the Department of Health said what they did, but commented if someone makes an effort to contact their State Representative, there was something to the issue. She enforces the Code. The statutory legislative intent for Code Enforcement is to protect the health, safety, and welfare of the community. Attorney Carney contended the violations were removed. Ms. Ellis explained that was a disputed fact. The photographs were taken on May 19 Attorney Carney explained assemblage of coral rock is not a violation of any Code anywhere. He asserted it was not a Code violation and it was behind a fence on industrial property. Ms. Ellis reviewed more pictures showing a boat on a trailer and a truck. Attorney Carney replied it was permitted storage. Attorney Carney read under industrial use, as it relates to storage of boats, motor and recreation vehicles, 1, General Note, this use is allowed, but it shall not be located on a lot that fronts on an arterial or collector roadway and it is on the railroad tracks. He referenced Section 89, M -1 District, no storage of boats or motor vehicles in a wrecked condition shall be stored. Ms. Springer pointed out a car was on the premises. Attorney Carney explained the car was backed in. Ms. Springer commented for the record, that vehicle was parked outside the fence the day they inspected. Code Compliance stickered the vehicle and it was now inside the fence. It has no windows, it does not look operable and it is not registered, so it is considered a derelict vehicle. Attorney Carney explained it is used to transfer materials, and Ms. Springer pointed out it does not have a tag. Ms. Springer repeated it has no windows and it is derelict. Attorney Carney disagreed. Officer Cain had no closing comments. Mike Rumpf explained the property in question was not reviewed for use by the City for zoning purposes. There is one property owned by Mr. Richardson which was the subject of a Business Tax Receipt and zoning approval for a warehouse use, but not the subject lot. Ms. Ellis inquired if there was any 5 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BEACH BOYNTON FLORI MAY 20, 2 discussion about it and Mr. Rumpf responded there has been no discussion in the recent past. There is correspondence dating back to 2001 indicating vehicles could be stored on the parcel, but the last line of the memo from a former employee reads, "this is storage for vehicles used by businesses within the building, not a storage use." It would be an accessory use for a vehicle if there were a Business license for the building on lot 20 for landscaping or a contractor -type purpose. It is not for general storage. Ms. Springer clarified the letter refers to lots 18 and 20. Lot 20 was the building and lot 18 was where the storage was allowed. The lots in question were lots 13, 14 and 15. Attorney Carney pointed out some relevant sections of the Code, but thought it was important a review be conducted for the use of storage or anything on those properties. It would be a gray area if a use was approved for lot 20 which was an improved property, and the gray area would be what could continue without further review. Mr. Rumpf heard it was a storage use, separate from the building, for separate storage purposes and reiterated it had not been reviewed. What could be stored there was critical and it was important it be reviewed for compliance with the Code. Reviews for a Business Tax Receipt can take between one and five days. It can be reviewed quickly, but if property improvements are needed, that may be something else. Attorney Carney acknowledged they were not saying the zoning prohibits the use; however, a review should have taken place to see if it complied with zoning. He thought Mr. Richardson was not aware of the review processes, and that Mr. Richardson read the Code and thought it was a permitted use because it was a permitted use for that zone. He commented they wanted to sit with staff and work with them. They spoke with Commissioners and everyone thinks it should be reviewed as it is one of the last industrial sites and it should not be laid fallow. They wanted a two -month extension, so they could sit with staff. They agreed to remove everything from the property. Ms. Ellis appreciated all the presentations. There was no review for the lot which has to take place for the business to go forward. She reiterated she was present to protect the citizens and community. The fact the activity was affecting someone else and their right to enjoy their property weighed heavily on her decision. Ms. Ellis thought there should have been more communication, the owner should have known better, and it was not acceptable. Attorney Carney explained they met with staff last year and put up a fence and the year before it was something else. He disagreed with the statement there was no activity with respect to staff and the site. He urged Ms. Ellis to look at the source of the issue which was the adjacent house. When the issue was raised, Mignano hired a pest control company to ensure nothing occurred at the property. The source of the constituent's issue was not the site and they did nothing but try to cooperate. Ms. Ellis acknowledged going forward there will have to be more cooperation. There was no review of uses and storage and she could not find that acceptable. 6 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BEACH BOYNTON FLORIDA MAY 20, 2015 Decision Ms. Ellis ordered the Cease and Desist Order. Attorney Carney objected and thought it was not warranted because it was not a continuing violation. Ms. Ellis advised that was her decision. There had been public safety and health concerns. Had there not been a letter from the neighbor to that effect, it would have been different. Ms. Ellis ordered the Cease and Desist Order effective Monday, May 25, 2015. Once there was an approval process on the lot, the Cease and Desist would be lifted. There was uncertainty what can be done there. She commented what would prohibit the Respondents going back and doing the same thing. Attorney Carney advised they would not do so. Ms. Ellis reiterated her decision was the Cease and Desist effective on Monday and if there was another violation it will be $500 a day. Case No. 15 -140 Fetlar Property Address: 205 SW 10 Avenue Violation(s): CO CH 13 SEC 13 -16 Pass inspection for the Business Tax Receipt for rental property. Officer Cain requested the case be tabled for 30 days, to June 17, 2015. Decision Ms. Ellis so ordered. Case No. 15 -473 JP Morgan Chase Bank National Assoc. Property Address: 1018 SW 23 Avenue Violation(s): BBA FBC 2010 ED, 105.1 Water heater installed without permit. Officer Pierre presented the case as contained in the above caption. Staff recommended 30 days be given to correct the violation or a fine of $200 a day be imposed thereafter. A representative from Chase Bank was present. Attorney Richard Verdetti, Choice Legal Group, representing JP Morgan Chase, explained his client was trying to obtain a permit for the water heater. He requested an extension of up to 30 days and had made application, but did not have any documentation with him. Staff recommended 30 days be given to correct the violations. 7 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BEACH BOYNTON FLORIDA MAY 20, 2015 Decision Ms. Ellis ordered a 30 -day compliance date of June 19, 2015, with a $200 a day fine. Case No. 15 -496 Bethesda Tabernacle of the Christian & Missionary Alliance Property Address: 2923 S. Federal Highway Violation(s): BBA FBC 2010 ED. 105.1 Work performed without building or electrical permits. Expired permit Alterations cited February 14, 2012. Red Tagged. Officer Pierre presented the case as contained in the Notice of Violation. Ms. Ellis inquired what was done and learned the work was done without a permit as the permit expired, so it was red tagged. The Building Department had gone by to see if the work was done or not, but the Red Tag still exists. Staff recommended 30 days be given to correct the violations or a fine of $200 a day. There has been communication several times between the Respondent and Officer Pierre who advised what needed to be done and to go to the Building Department. Pastor Anthony Mays had spoken with Officer Pierre. He went to the Building Department and met with Mr. Kuntzman. He requested 30 days. Decision Ms. Ellis ordered a 30 -day compliance date of June 19, 2015, with a $200 a day fine if he did not comply. Case No. 14 -1534 JMS Boynton Beach LLC Property Address: 1010 NE 6 th Avenue Violation(s): CO CH10 SEC 10 -56 (A), (B), (D) Sod bare lawn areas. Remove outside storage trash and debris. Repair and restripe parking areas. Jeff Shickles, Code Compliance Officer, presented the case as contained in the Notice of Violation. The case arose from a routine inspection on June 25, 2014. Written notice was sent giving 30 days to correct the violations. There were many extensions. Service was obtained by a Certified Mail signed green card that was not dated. The property was last inspected on May 19, 2015. Staff recommended 30 days be given to correct the violation or a fine of $150 a day thereafter. The outside storage, trash and debris were removed. At one time they planned to demolish the building which was back from June 25 Staff could not extend the case anymore. Ms. Ellis advised she was handed an owners authorization for the property manager to act on 8 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BO Y N TON BEACH, FLORIDA MAY 20, 2015 behalf of the owner, signed by JMS Boynton LLC by Mark Michael, the Manager, authorizing Sandy Yawt to speak on their behalf. Ms. Yawt advised last year they re- sodded and removed debris. They believed the other partner would demolish the building and was working with the City to build a larger project. When they realized that would not occur, they hired a paving contractor. Staff recommended 30 days. Ms. Yawt requested 60 days because they are unsure how long the permitting process takes. Ms. Ellis responded this case was from 2014 and she was not inclined to grant more extensions. She encouraged Ms. Yawt to communicate with the City. She had been dealing with former Code Officers Skip Lewis and Pete Roy. Decision Ms. Ellis ordered a 30 -day compliance date of June 19, 2015, with a $200 a day fine if not complied. Case No. 15 -727 Angela Y. Span Property Address: 548 NW 10 Avenue Violation(s): CO CH10 SEC 10 -52 CO CH13 SEC 13 -16 CO CH15 SEC 15- 120(D) INC. LDR CH3 ART IV SEC 3 (C) Major car repair business prohibited in residential zone. Obtain permits for sheds in the backyard. Remove all unregistered and inoperable vehicles from the property. Apply for and pass inspection for a Business Tax Receipt and Certificate of Use for rental property. Officer Shickles presented the case. A routine inspection on March 31, 2015, revealed the above violations. Written notice was sent giving 10 days to correct the violations. Service was obtained by Certified Mail Green Card signed on April 29, 2015. All was in compliance except the shed permit. The property was last inspected on May 19, 2015. Staff recommended 10 days be given to correct the violations or a fine of $200 a day thereafter. The only outstanding violation was the permits for the sheds. The public health and safety concern had pertained to the Business Tax Receipt, which was addressed. Staff recommended 10 days be given to correct the violations, by May 30, 2015, or a fine of $200 would be imposed thereafter. Angela Razz, property owner, explained she paid for the shed permits and was waiting on the City. Ms. Ellis reviewed the receipt from the City's Development Services Division reflecting $50 was paid for a building permit fee. 9 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BO Y N TON BEACH, FLORIDA Y 20, 2015 Decision Ms. Ellis ordered 10 -day compliance date of May 30, 2015, and a $100 a day fine thereafter. Case No. 15 -737 Kay F. Patrick Property Address: 430 NW 10 Avenue Violation(s): CO CH10 SEC 10 -52 CO CH15 SEC 15 -120 (D) INC. Remove all unregistered & inoperable vehicles from the property. Remove outside storage and trash and debris. Officer Shickles presented the case. A routine inspection on April 1, 2015, revealed the above captioned violations. The Respondent was a repeat violator. Written notice was sent giving 10 days to correct the violations. Service was obtained by a signed Certified Mail green card that was not dated. The property was last inspected on May 19, 2015. Staff recommended a 10 -day compliance date of May 30, 2015, or a fine of $200 a day thereafter. Officer Shickles showed photographs taken on May 18, 2015, to the Respondent and Ms. Ellis taken on May 18, 2015. The Respondent agreed the photographs were of her property. It was noted there is still vehicles, trash and debris on the property. Kay Patrick, 430 NE 5 th Ave, Boynton Beach, explained she was the property owner. The vehicles did not belong to her, but both cars will be removed. She explained she will also remove the outside storage, trash and debris. Ms. Ellis inquired why the violation was recurring and learned one car belonged to her grandson. He got a new car, took the tags off the old one and was selling it. The second car was her son's and he will remove it. Decision Ms. Ellis ordered a five -day compliance date of May 25, 2015, and a fine of $200 a day if not complied by then. Case No. 15 -739 Cicero Clemons Est. Property Address: 1018 NW 5 th Street Violation(s): CO CH10 SEC 10 -52 CO CH15 SEC 15 -120 (D) INC CO CHI SEC 10 -56 (B) Remove unregistered and inoperable vehicles from property. Remove outside storage and trash and debris. Repair chain link fence. 10 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BOYN BEACH, FLORIDA MAY 20, 2015 Officer Shickles presented the case. A routine inspection on April 1, 2015, revealed the above violations. The Respondent was not a repeat violator. Written notice was sent giving 10 days to correct the violations. Service was obtained from the signed Certified Mail green card that was not dated. The property was last inspected on May 19, 2015. Staff recommended a 10 -day compliance deadline of May 30, 2015, or a fine of $100 a day thereafter. Ms. Ellis noted no one was present to speak. Officer Shickles explained the Respondent was present earlier, but left. Decision Since the Respondent was not present, Ms. Ellis ordered the recommendation of the City for a 10 -day compliance date of May 30, 2015, and a fine of $200 a day. Case No. 15 -752 Jude St. Felix & Jacqueline Telamour Property Address: 727 W. Ocean Avenue Violation(s): CO CH10 SEC 10 -52 CO CH15 SEC 15 -120 (D) INC Remove inoperable and unregistered vehicles from the property. Remove all outside storage and trash and debris. Officer Shickles presented the case. A routine inspection on April 1, 2015, revealed the above violations. The Respondents were repeat violators and had previous violations for the same section of the Code. Written notice was sent giving 10 days to correct the violations and service was obtained by Certified Mail green card dated April 28, 2015. The property was last inspected on May 19, 2015. Staff recommended a 10 -day compliance deadline of May 30, 2015, or a $200 a day fine thereafter. Jacqueline Telamour, the property owner, requested clarification about the debris. She removed the cars, but there was one left, Officer Shickles showed photographs taken on May 15, 2015, to the Respondent and Ms. Ellis. The Respondent verified the property was hers and the photos reflected an unregistered Toyota pick -up truck, various trash, car tires, paper bags and other items of that nature. Decision Ms. Ellis explained there have been prior violations and gave five days to remove the vehicles and trash. If not, a fine of $250 a day would be imposed thereafter. Case No. 15 -625 Bank of America Property Address: 3180 Orange Street Violation(s): CO CH10 SEC 10 -51.5 INC All property that is vacant or subject to a current notice of default must be registered with the City and maintained 11 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BEACH BOYNTON FLORIDA MAY 20, 2015 per City Code. Permit required for new roof, windows and all other renovations. Remove trash and debris. Glenn Weixler, Code Compliance Officer, presented the case. A routine inspection on March 18, 2015, revealed the above violations. The Respondent was not a repeat violator. Written notice was sent on March 18, 2015, giving 10 days to correct the violation. Notice was sent by Certified Mail on April 15, 2015, and the green card was signed on April 27, 2015. The property was last inspected May 19, 2015. Staff recommended a 30 -day compliance date of June 19, 2015, or a fine of $150 a day thereafter. Marjorie Brunelli, Attorney on behalf of Bank of America, explained the Bank purchased the foreclosed property at auction. She requested 60 days to remodel the property to sell it and correct all the violations. The Certificate of Title was obtained November 2014. Ms. Ellis explained permits are needed for a new roof, windows and all the other renovations. They do not have permits for anything. They also had to remove the trash and debris, maintain the property and they had not. Officer Weixler clarified as long as the permit was applied for and was in process, it should comply. Ms. Ellis explained agreed and stated they would not need 60 days to apply for a permit. Decision Ms. Ellis ordered the staff recommendation to apply for the permits in 30 days or a $200 a day fine would be imposed thereafter. Case No. 14 -2335 Simone Snyder Property Address: 103 SE 5 Avenue Violation(s): CO CH15 SEC 15- 120(D) INC CO CH 13 SEC 13 -16 Mow overgrown yard, remove weeds from rocks. Install sod in yard. Apply for and pass Business Tax Receipt inspection for your rental property. Officer Cain presented the case. The Notice of Violation date was October 10, 2014. A hearing was held on February 18, 2015, and no one appeared. The compliance date and fine was to comply by March 20, 2015, or a fine of $100 a day would be imposed thereafter. The violations remain. The property was last inspected on May 19, 2015, having 60 days of non - compliance and four inspections. Ms. Ellis reviewed the documents and noted there was a narrative to mow the overgrown yard, weed and sod. The yard was mowed, but the weeds in the rocks and sod violations still exist. Ms. Ellis requested confirmation no one appeared in February for the hearing and the violations were ongoing since 2014. The next step was to certify the fine. 12 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BOYNTON BE ACH, F LORIDA MAY 20, 2015 Simone Snyder, property owner, explained she planned to be present, but she was in Virginia and the airports were closed due to snow. She contacted Sgt. Davis, Officer Cain's supervisor, because Officer Cain was inundated, she could not correspond to him by phone or email and he was not responsive to her. When she was notified of the violation, she had the yard cut immediately. In reference to the Business Tax Receipt, she had temporary guests from Virginia there. She requested they move and during their move out, she was cited for outside storage in addition to the Business Tax Receipt. Ms. Snyder had copies of the emails she sent to Officer Cain and Sgt. Davis with regard to her compliance and their move out. She also contacted the Building Department in reference to the Business Tax Receipt and inquired if she needed one to have a roommate and she was told no. After the temporary guests moved out, she got a roommate and she was cited again for a Business Tax Receipt. She spoke with Ms. Springer on several occasions who recommended obtaining a Certificate of Exemption which she obtained. Ms. Snyder explained to Code she was in the process of designing the front yard and had removed concrete from the front yard to put in a new driveway off 5 th Avenue. Ms. Ellis inquired about the status of the yard and Officer Cain explained the yard was mowed October 10, 2014, prior to the hearing. Ms. Ellis requested viewing the exemption. Ms. Snyder responded she has the certificate and it was on her window. Officer Cain confirmed she had the exemption from the Business Tax Receipt. Ms. Ellis asked when the renter's exemption was filed and learned it was prior to the February 9th hearing. Officer Cain pointed out cutting the overgrowth and obtaining the renters exemption did not satisfy the violation due to the sod and weeds in the rocks. Ms. Snyder explained in December she applied weed killer to the gravel and pulled some weeds. She was trying to prepare the property for a driveway and did not want to install sod. Ms. Ellis inquired if she applied for a permit for the new driveway and learned she did not. She had installed sod in the areas around where the driveway would be installed. Ms. Ellis explained as a property owner, Ms. Snyder had to make an effort. There is still part of the violation open and it was ongoing since October 2014. The total fine was $6,000 plus administrative fees of $634.12. Ms. Ellis acknowledged Ms. Snyder obtained the exemption and cut the grass prior to the hearing. Ms. Springer pointed out Ms. Snyder asked for a continuance and she removed her case from the January agenda, which gave Ms. Snyder an additional 30 days. Ms. Snyder explained about her landscaping plans, but the plans changed. In hindsight, she would have filed plans and obtained a permit. Ms. Ellis explained if the lien is certified, there was still an opportunity to come back and reduce the lien. Decision Ms. Ellis certified the fine and noted the fine was still accruing. Ms. Ellis encouraged Ms. Snyder to make up her mind about the driveway and install sod. Ms. Snyder did not know when the photos were taken which did not include a driveway. She explained she 13 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BOYN BEACH, FLORIDA MAY 20, 2015 planted sod and installed a new walkway that was later removed and that was why there were bare patches. She no longer planned to install a driveway. Decision Ms. Ellis gave Ms. Snyder until Friday to produce evidence about the sod and show that she complied. If she complied, she would not certify the fine. If she does not communicate with Code Compliance by 5 p.m., Friday, the fine will continue to accrue. Ms. Ellis tabled the case to next month. 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) Reactivate 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. Officer Cain presented the case. The Notice of Violation was on October 30, 2014. The hearing date was February 18, 2015, and no one appeared. The compliance date set was March 20, 2015. The violations still exist. The property was last inspected on May 19, 2015, having 60 days of non - compliance and four inspections costing $634.12. Officer Cain explained only the roof and the fence permits remained outstanding. Ms. Snyder submitted documentation from the Building Department to have the permit reinstated. Ms. Snyder said the Building Department told her it was approved and there was no reason to reopen it. She emphasized she did try to apply and she submitted paperwork to Code Compliance. She advised the driveway was registered and the permit for the fence was done in November. Ms. Ellis received correspondence alleging to be a permit for the installed fence and commented the issue was when they were obtained. Ms. Springer explained, with this case, Ms. Snyder bought a foreclosed property and the City lost the lien in foreclosure, but the violation still remained. Ms. Snyder was then cited and Ms. Snyder took possession in 2010. The permit had to be reinstated Ms. Ellis commented the issue was if the permits were issued prior to the compliance date and she gave Ms. Snyder until 5 p.m., Friday to provide something more specific. Between now and Friday, Ms. Snyder will have to speak with Code, and the roof permit had to be reinstated. 14 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS FLORIDA BOYNTON BEACH, MAY 20, 2015 Decision Ms. Ellis tabled the case to the meeting next month, and gave Ms. Snyder until 5 p.m. on Friday to research the permits and re- instate them. She will work with the City to resolve. Case No. 15 -339 Donet Dawes Property Address: 321 NE 15 Avenue Violation(s): CO CH10 SEC 10 -52 CO CH10 SEC 10 -56 (D) CO CHI SEC 15 -120 (D) INC CO CH10 SEC 10 -60 (B) (3) Remove inoperable and unregistered vehicles from the property. Raise all shutters on house to allow egress. Place four -inch house numbers on structure to be visible from City Street. Officer Hart, Code Compliance Officer, recommended no fine. The Respondent, Donet Dawes, was present and advised he was sorry for the violation. (Ms. Ellis addressed the fine later in the meeting.) Case No. 14 -2550 Marie and Vilius Thomas Property Address: 125 NW 4 th Avenue Violation(s): CO CH10 SEC 10 -60 (B) (4) CO CH10 SEC 10 -52 CO CH15 SEC 15 -120 (D) INC CO CH10 SEC 10 -56 (B) Remove trash, debris and outside storage from rear and front of property (Hot water tank, furniture, etc.) Remove unregistered and inoperable vehicles. Repair fence and gates. Move awnings or hurricane shutters in up position per safety requirements. Officer Shickles presented the case. The violation date was November 12, 2014. The case was heard on January 24, 2015, and no one appeared. The compliance date and fine set was March 7, 2015, or a fine of $300 a day thereafter. The violation still exists. The property was last inspected on May 18, 2015, having 73 days of non - compliance. All of the violations were addressed except for the outside storage, and trash and debris comprised of a hot water heater, furniture and refrigerator. Officer Shickles advised there were no prior violations. 15 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BOYNTON BEACH, FLORIDA MAY 20, 2015 Mary Thomas, the owner, and her son Gaspar were present. He explained in January, Code Compliance came by, saw his mother and him addressing the problem and was told they did not have to appear. As for the water heater, he has a small business and he waits until he has about 10 hot water heaters and then gives them to his brother who sells them for scrap and makes money. His mother and stepfather were not working and he has to support his family. Ms. Ellis commented if storing items for resale, they are being stored on a residential property for a commercial purpose. Ms. Ellis viewed photographs and the Respondent had photos showing the heaters were gone. Officer Shickles explained they were repeat violators for another case prior to January. Ms. Ellis explained they could not store the heaters on the property. Decision Ms. Ellis tabled the case to the next month and between now and the next month, they have to provide evidence to the City showing all of the items were removed. The next hearing was June 17, 2015, and they had to satisfy all the violations. Case No. 15 -72 Anton Patterson 536 NW 11 Avenue Officer Shickles presented the case. A Notice of Violation was sent January 9, 2015. The case was heard on March 18, 2015, and Mr. Patterson appeared. The compliance date and fine set was to comply by March 28, 2015, or a fine of $150 a day thereafter would be imposed. The property was last inspected on May 19, 2015, having 53 days of non - compliance. The only outstanding violation was the electrical permit. Antoine Patterson, the owner, explained his electrician should have pulled the permit, and the paperwork should have been filed yesterday or today. It took him a while to contact the electrician. Ms. Ellis noted the issue had been ongoing since January. If he needed more time, he could have asked at the hearing. She noted Mr. Patterson accepted the compliance date which has passed. Mr. Patterson requested a few more days and Ms. Ellis gave him until Friday to produce evidence the permit was applied for. If no documentation was submitted, the fine would stand. Decision Ms. Ellis ruled, pending receipt of the evidence by Friday 5 p.m., she would not certify the fine. If not received, the fine would stand. Case No. 15 -310 Federal National Mortgage Assoc. 642 NW 5 1h Street Officer Shickles presented the case. The Notice of Violation was February 12, 2015, to obtain building and electrical permits for the conversion of two rooms. The case was heard on March 18, 2015, and Joe Sauter appeared. The compliance date and fine set was to comply by March 28, 2015, or a fine of $150 a day would be imposed thereafter. 16 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BO Y N TON BEACH, FLORIDA AY 20, 2015 The property was last inspected on May 19, 2015, and the violations still exist, having 53 days of non - compliance. Joe Sauter, listing broker with Joe Sauter Realty, was present in March. He advised they obtained three general contractor bids for the work and just received the approval this morning. They approved one of the bids for under $30,000 to do the work. He requested an extension. Ms. Ellis learned the work on the conversion of the two rooms was Red Tagged by the Building Department on February 5, 2015, which means work was done without the permit. Mr. Sauter was unsure the work was started by Fannie Mae contractors or from the prior owner. Mr. Sauter's client took ownership of the property in February 2014 and advised there was a pending contract. The property had several contracts, but they found a buyer and was pushing for the permits. There will be an application made by the end of the week. Decision Ms. Ellis tabled the case given this could be remedied quickly. She will hear the case on June 17, 2015, to ensure all was addressed. Case No. 15 -367 Glenn J. Kopensky Trust 510 NW 11 Avenue Officer Shickles presented the case. A Notice of Violation was sent on February 12, 2015 regarding an unregistered black Ford Freestar Van, mow and trim overgrowth, and remove outside storage of furniture. The case was heard on March 18, 2015, and Larry Lang appeared. The compliance date and fine was March 28, 2015, or a fine of $100 thereafter would be imposed. An inspection on May 18, 2015, showed the violation still exists having 53 days of non - compliance. This was a tricky case. A resident that lives in one of the apartments parks the van outside the perimeter of the property. Sometimes it encroaches onto the property line. All was remedied except for the van. Officer Shickles had a photograph taken on May 4 th showing the vehicle inside the rear property line. It was unregistered and had a March 2014 yellow sticker on it. Larry Lang, the Property Manager, advised the van was owned by the mother of one of the tenants, but it had not been on the property. Sometimes she parks it on the lot next door. He tried to get her to stop and had since seen it only once. He cannot regulate if she parks it next door as she comes there to visit and take care of the children. Officer Shickles advised the car was there every day he drives by, and it was parked on the property. Ms. Ellis explained since all else was remedied, and because there is a dispute, it was hard to make a determination without evidence. Ms. Springer recommended there be no fine and they could start another case with a Cease and Desist Order. 17 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BOYNTON BEACH, FLORIDA MAY 20, 2015 Decision Ms. Ellis certified no fine. The Minutes Specialist administered an oath to the following Respondents. Case No. 15 -167 IH3 Property Florida LP 1382 Via De Pepi Officer Guillaume presented the case. A Notice of Violation was sent on January 21, 2015, regarding a Business Tax Receipt inspection for a rental property. The case was heard March 18, 2015, and no one appeared. The compliance date and fine set was March 28, 2015, or a fine of $500 a day would be imposed thereafter. The property was last inspected on May 19, 2015. The violation still exists having 53 days of non- compliance. William Overfeldt, representing IH3 and IH2 Properties, was present. He has 50 or 60 Business Tax Receipts to be turned into the Building Department and was unsure it was included. The company was working on the matter and he advised the employee who had handled this left the company. Decision Ms. Ellis certified the fine and explained they would have an opportunity to petition for a lien reduction. Case No. 15 -482 Sonia M. White Property Address: 712 NE 10 Avenue Violation(s): CO CH 10 SEC 10 -52 CO CH14 SEC 14 -13 CO CH15 SEC 15 -120 (D) INC Remove oversized unregistered and /or inoperable vehicle from property. Officer Shickles presented the case. A routine inspection on March 4, 2015, revealed the above captioned violations. The Respondent was not a repeat violator. Written notice was sent and he spoke to Ms. White and gave her 30 days to comply. Service was made by Certified Mail green card signed on April 17, 2015. The property was last inspected on May 19, 2015. Staff recommended a 10 -day compliance date of May 30, 2015, or a fine of $100 a day. Sonia White, the property owner, was present. An unidentified male advised there are two vehicles: one was licensed and the other was his brother's business truck which was registered. He explained the oversized truck was licensed and insured. Officer Shickles advised vehicles over one -ton were not permitted and it was argued there were RV and boat owners with their vehicles down the street. The truck was a business truck 18 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BOYNTON BEACH, FLORIDA MAY 20, 2015 and it was not parked there every day. He did not have a personal car, so when he has to go out on a job, he has to get a ride from Public Storage, where he stores the truck. If he does not have a ride home, he parks the truck at the house until someone could follow him to storage to drop the truck and drive him home. In the morning, he gets the truck and leaves for the job. Ms. Ellis ordered the truck gone in 10 days. He inquired if he could park the truck at the house during lunch to eat. He had storage receipts showing the truck is parked at that facility. Officer Pierre responded he had 15 minutes to stay on the property and grab something to eat, per City Code. Decision Ms. Ellis ordered a 10 -day compliance date of May 30, 2015. She noted if the vehicle is parked for more than the permitted time, she may have to issue a Cease and Desist Order, which meant the truck could not be there at all. She requested he be mindful of the time. If the Officer sees him, he will have to return in 15 minutes to see if the truck was still present. He requested the Code Officer not be petty about it. Ms. Ellis responded she could not change the Code and the Officers will act in good faith. She repeated the 10 -day compliance date and advised there will be a $200 a day fine if not removed. Case No. 14 -1475 16 PROP LLC 2401 NW 2 nd Street Ms. Springer presented the case. A Notice of Violation was sent of June 17, 2014, regarding a Business Tax Receipt inspection for a rental property. The case was heard on August 20, 2014, and Newman Mathai appeared. The compliance date and fine set was September 4, 2014, or $100 a day thereafter. The violations were corrected on April 7, 2015, having 207 days of non - compliance, accruing a fine of $21,400 plus four inspections and administrative costs of $634.12. Ms. Springer was contacted in April for a lien reduction inspection, which revealed the Respondent had to sod bare areas in the yard, remove outside storage and pay a water bill of over $200. They were now eligible for lien reduction. Newman Mathai, Registered Agent for the company, explained they usually obtain their properties at auction so there are usually issues. Decision Based on the testimony of the City and the Respondent, Ms. Ellis reduced the lien to $2,500 plus $634.12 for a total of $3,134.12 19 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BOYN BEACH, FLORIDA MAY 20, 2015 Case No. 14 -245 IH2 Property Florida LP 1077 SW 4 Avenue Ms. Springer presented the case. The Notice of Violation was sent February 11, 2014, regarding a Business Tax Receipt inspection for a rental property and to install four -inch house numbers on the building. The case was heard April 16, 2014, and no one appeared. The compliance date and fine was April 23, 2014, or a fine of $50 a day thereafter. The violations were corrected on November 25, 2014, having 215 days of non - compliance accruing a fine of $10,750 plus administrative fees of $634.12. Ms. Springer was first contacted in December 2014. The side driveway needed to be weeded. They needed to resurface the driveway and repair the screens in the screened room. The property was re- inspected in January and the weeds in the driveway and screens were outstanding. Another inspection on February 26, 2015, showed there were still weeds in the driveway. There was outside storage and a water bill that had to be paid. The case was ready for lien reduction on April 9, 2015. Wayne Overfeldt, Construction Manager for IH2 Properties and Invitation Homes, did not recall if it was an auction property. They have several properties in the City and they had difficulty getting workers to the home to make the repairs. They installed sod and fixed the irrigation system. Decision Based on the testimony of both parties, Ms. Ellis reduced the lien to $2,500 plus $634.12 in administrative costs. Ms. Springer explained the reductions are not final until the meeting minutes are typed and she presents the information to the City Commission, which could take over a month. Once they receive the final letter, Ms. Springer will email to the Respondents they have 90 days to make the payment. Case No. 14 -350 IH2 Property Florida, LP 706 SW 4 Avenue Ms. Springer advised the Notice of Violation was sent February 24, 2014, regarding a Business Tax Receipt inspection for rental property. The case was heard on April 16, 2014, and no one appeared. The compliance date and fine set was April 26, 2014, or a fine of $50 a day thereafter. The violations were corrected on November 26, 2014, having 213 days of non - compliance and administrative fees of $634.12. Ms. Springer was first contacted in December for a lien reduction inspection, and they needed to remove outside storage, trash and debris on the side and back of the property, repair ripped screens in the front entrance, repair the rear patio door closure mechanism, obtain a permit for newly installed air conditioning and pay a water bill. The property was inspected again in January and the outside storage, trash and debris, ripped screens and rear patio door mechanism remained outstanding. An inspection on 20 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BEACH, BOYNTON FLORIDA MAY 20, 2015 January 20, 2015, revealed a broken gate. Another inspection on February 27, 2015, showed palm trees needed to be trimmed and there were two unlicensed vehicles in the front yard. The property passed inspection on April 3, 2015. William Overfeldt, Construction Manager for IH2 Properties and Invitation Homes, explained the only information he had were notes indicating they came into compliance on March 25, 2015, regarding trimming the palm trees, bushes and removing debris. Decision Based on the testimony of the City, Ms. Ellis reduced the $15,200 lien to $3,000 plus $634.12 in administrative costs. Case No. 14 -116 IH2 Property LP 40 E. Tara Lakes Drive Ms. Springer presented the case. The Notice of Violation was January 28, 2014, regarding permits for all changes made to the property, air conditioner, water heater, light fixture change outs, bathrooms and mold remediation as stated in the Red Tag. The case was heard on April 16, 2014, and no one appeared. The compliance date set was April 26, 2014, or a fine of $50 a day would be imposed thereafter. The violations were corrected on February 25, 2015, having 304 days of non - compliance and administrative fees of $634.12. Ms. Springer was contacted in February and a lien reduction inspection showed they had to remove trash and debris, there were fencing pylons and an old table that had to be removed. They had to cover the dryer vent, level the patio stones or remove them, and repair or remove broken patio stones on the driveway and pay an outstanding water bill. In May the violations still existed, and they found missing fence panels on the gate. The property was re- inspected and the dryer vent violation still remained. The property passed inspection on April 17, 2015. William Overfeldt, Construction Manager, Invitation and IH2 Homes, explained the property was purchased at auction. They started work on it and went through a few general contractors, but had issues with them pulling permits. They found a general contractor that pulled the needed permits and the building was approved on February 6, 2015. Decision Given the testimony of both parties, Ms. Ellis reduced the $15,200 lien to $3,000 plus $634.12 in administrative costs. 21 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BOYNTON BEACH, FLORIDA MAY 20, 2015 Case No. 14 -1515 Rockwell Management LLC 333 SE 23 d Avenue Ms. Springer presented the case. The Notice of Violation was June 24, 2014, regarding cleaning and maintaining the pool in a sanitary condition, repair screen, remove debris from patio on the property, repair driveway apron, sod bare spots in yard, repair rotten fascia and apply for and pass inspection for Business Tax Receipt for rental property. The case was heard on October 15, 2014, and no one appeared. The compliance date and fine was January 11, 2014, or a fine of $200 a day would be imposed thereafter. The violations were corrected on March 23, 2015, having 128 days of non - compliance, accruing a fine of $25,600 and administrative fees of $730.15. Ms. Springer was contacted in April for a lien reduction inspection and at that time, the property needed grass, an outstanding water bill had to be paid and the Business Tax Receipt had to be issued. All was corrected and was eligible for a lien reduction on May 4, 2015. David Abrams, the property owner, purchased the property on February 28, 2015, from Rockwell Management. They understood there were violations on the property and immediately met with Ms. Springer and the Inspectors, paid the water bill at closing and applied for the roof permit. They replaced the roof, obtained the permit and had all the inspections done on March 25 There were old permits from the original owner which they addressed. The Fire Department conducted an inspection, they obtained the Business Tax Receipt and did all he was supposed to do. The prior owner could not afford the roof, so they purchased the property, had a roof put on and put down five pallets of sod. He noted there had been police activity on the premises and trash. Ms. Ellis reviewed photographs of the property from the Respondent and a timeline of events, ownership and inspections, and a detailed list of repairs with the amounts expended. Decision Given the testimony by the Respondent, Ms. Ellis reduced the $25,600 lien to $1,500 plus $730.15 in administrative fees. Case No. 09 -1616 Kevin Faber & Serene Prinyavivatkul 170 SE 27 Avenue Ms. Springer presented the case. The Notice of Violation was sent on May 27, 2009, regarding an expired permit. The case was heard on July 15, 2009. The compliance date and fine set was August 14, 2009, or a fine of $100 a day would be imposed thereafter. The violations were corrected on November 5, 2014, having 1,908 days of non - compliance totaling $190,800 plus administrative costs of $634.12 . Ms. Springer was contacted for a lien reduction and there was nothing that had to be done to comply. 22 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BEACH BOYNTON FLORIDA 015 Serene Prinyavivatkul and Kevin Faber, 170 SE 27 Avenue, explained they took ownership of the property in 2004. They thought the hearing was an oversight on their part. They have dogs so they pulled permits for the fence. It took a long time to sign off and the self - closing latch did not work and the gates started to sag. They had moved out of the property, but kept it up and thought it was resolved. They moved back in and when they tried to refinance, they learned of the lien. Ms. Springer explained the permit was not approved because of the latch and they never got another inspection. It was now approved. Mr. Faber explained they always had a padlock on it. Ms. Ellis reviewed photographs of the property which the Respondents verified as their property. Ms. Ellis also saw a padlock for the fence. Decision Given the testimony, Ms. Ellis reduced the lien to $2,000 plus $634.12 administrative costs. Case No. 14 -1508 Fetlar LLC 1154 SW 27 Avenue Ms. Springer presented the case. The Notice of Violation was sent on June 24, 2014, regarding a Business Tax Receipt inspection for rental property. The case was heard on August 20, 2014, and Krishwa Ramnanan appeared. The compliance date set was August 28, 2014, or a fine of $500 a day would be imposed thereafter. The violations were corrected on March 9, 2015, having 195 days of non- compliance and a fine of $97,500 and administrative fees of $634.12, In April, a lien reduction inspection revealed the Respondents had to sod the front yard, repair the sprinkler system and repair the driveway. A second inspection in May showed the property was eligible for lien reduction. Leia Boggs explained this property took longer than expected for the Business Tax Receipt because the home was occupied and it was difficult for the tenants to take time off to accommodate an inspection. When they inspected, they found items the owners addressed immediately so they could apply for lien reduction. Decision Ms. Ellis reduced the lien to $15,000 plus administrative costs of $634.12. Case No. 14 -1529 Fetlar LLC 1154 SW 27 Avenue Ms. Springer advised a Notice of Violation was sent on June 25, 2014, regarding, permits for an installed air conditioner, washing machine, hose bib and garage door. The case was heard on August 20, 2014, and Leia Boggs appeared. The compliance date set was August 25, 2014, or a fine of $500 would be imposed thereafter. 23 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BOYN BEACH, FLORIDA MAY 20, 2015 Lela Boggs explained they hired the wrong vendors for the work and now they pull permits. Decision Ms. Ellis reduced the lien to $10,000 plus $730.15 for administrative fees. Case No. 14 -1917 Fetlar LLC 146 SE 27 Way Ms. Springer presented the case. The Notice of Violation was sent on August 14, 2014, regarding a Business Tax Receipt inspection for a rental property. The case was heard on October 15, 2014, and no one appeared. The compliance date and fine set was to correct the violations by October 25, 2014, or a fine of $500 a day would be imposed thereafter. The violations were corrected on May 1, 2015, having 187 days of non- compliance and a fine of $93,500 plus administrative costs of $634.12. The Business Tax Receipt and lien reduction inspection took place at the same time. All they needed to do was finalized open permits and obtain the 2014 and 2015 Business Tax Receipts for the property. Lela Boggs explained this case had the same situation with the Business Tax Receipt. It was an occupied home so they had to coordinate with the tenants to obtain the inspection. It took longer than expected. Decision Ms. Ellis reduced the lien to $15,000 plus $634.15 for administrative costs. Case No. 14 -1493 Fetlar LLC 1113 SW 15 Street Ms. Springer presented the case. The Notice of Violation was sent June 23, 2014, regarding a Business Tax Receipt inspection needed for a rental property. The case was heard on August 20, 2014, and Krishwa Ramnanan appeared. The compliance date set was August 25, 2014, or a fine of $500 a day would be imposed thereafter. The violations were corrected on March 9, 2015, having 195 days of non - compliance and a fine of $97,500 plus $634.12 for administrative fees. A lien reduction inspection occurred in April and they needed to paint the fascia boards, weed the hedge, repair the wall fencing on the front porch and finalize open permits. Lela Boggs explained this was a situation where they were in compliance, but when the re- inspection occurred, they found more violations which they addressed immediately. They had to reschedule the Business Tax Receipt inspection because the tenant had already left for work. Decision 24 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BEACH BOYNTON FLORIDA MAY 20, 2015 Ms. Ellis reduced the lien to $15,000 plus $634.12 in administrative costs. Case No. 14 -1531 Fetlar LLC 306 SW 4th Avenue Ms. Springer presented the case. The Notice of Violation was sent June 25, 2014, regarding permits needed for installed entry door, wood fence which served as a pool barrier, heating, ventilation and air conditioning and electrical. The case was heard on August 20, 2014, and Ms. Boggs appeared. The compliance date and fine set was August 25, 2014, or a fine of $500 a day would be imposed thereafter. The violations were corrected on November 26, 2014, having 92 days of non - compliance and a fine of $46,000 plus $730.15. The Respondent only needed to obtain the 2015 Business Tax Receipt and the permits finalized to be eligible for lien reduction. Leia Boggs explained they had the wrong vendors for the properties. They had to find new vendors to resolve the issues, which took a while. Decision Ms. Ellis reduced the lien to $10,000 plus administrative fees of $730.15. Case No. 14 -1543 Fetlar LLC 306 SW 4 th Avenue Ms. Springer presented the case. The Notice of Violation was sent on June 30, 2014, regarding a Business Tax Receipt inspection for rental property. The case was heard August 20, 2014, and Krishwa Ramnanan appeared. The compliance date and fine set was August 25, 2014, or a fine of $500 would be imposed thereafter. The violations were corrected on March 9, 2015, having 195 days of non - compliance and a fine of $97,500 plus $634.12 in administrative fees. Leia Boggs explained the unit was occupied and it took time to coordinate the inspection with the tenant. Decision Ms. Ellis reduced the lien to $15,000 plus $634.12. Case No. 14 -1542 Fetlar LLC 457 SW 3` Avenue Ms. Springer presented the case. The Notice of Violation was sent on June 30, 2015, regarding applying for and passing a Business Tax Receipt inspection for a rental property. The case was heard August 20, 2014, and Krishwa Ramnanan appeared. The compliance date and fine set was August 25, 2014, or a fine of $500 a day would be imposed thereafter. The violations were corrected on May 4, 2015, having a total of 251 days of non - compliance and a fine of $125,500 plus administrative costs of 25 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BOYNTON BEACH, FLORIDA MAY 20, 2015 $634.12. The Respondent needed to obtain a 2014 and 2015 Business Tax Receipt and have the permits finalized. Leia Boggs explained the BTR inspection showed they had to re -sod and pressure clean the roof. Once done, the property was brought back into compliance. Decision Ms. Ellis reduced the lien to $15,000 plus $634.14 in administrative costs. Case No. 14 -1439 Fetlar LLC 1102 NW 8 Street Ms. Springer presented the case. The Notice of Violation was sent June 13, 2014, regarding applying for and passing a Business Tax Receipt inspection for rental property, obtain permits for an installed fence and air conditioner. The expired permit needed to be renewed and a final inspection made. Use of the pool was prohibited until the final inspections are approved. The case was heard on August 20, 2014, and Krishwa Ramnanan appeared. The compliance date and fine set was to comply by August 25, 2015, or a fine of $500 a day would be imposed thereafter. The violations were corrected on April 27, 2015, having 244 days of non - compliance, accruing a fine of $122,000 plus administrative fees of $634.12. The Respondent needed to pay a water bill, repair and /or replace torn soffit screens, repair roof damage and install screens on the sliding door. Leia Boggs explained they got the permits approved quickly for this home, but they had an issue with the tenant. They tried three times to enter the home, but the tenant was not home. The final time, they used a locksmith for the Business Tax Receipt inspection. Decision Ms. Ellis reduced the lien to $15,000 plus $634.12. Case No. 13 -2252 Fetlar LLC (SRB SUB LLC) 1053 Coral Drive Ms. Springer presented the case. The Notice of Violation was sent October 10, 2013, for violations pertaining to the pool and repair screen enclosure. The case was heard February 19, 2014, and Luc Carr Ramnanan appeared. The compliance date and fine set was March 21, 2014, or a fine of $100 a day would be imposed thereafter. The violations were corrected on June 6, 2014, having 76 days of non - compliance and a fine of $7,600, plus the administrative costs of $634.12. The Respondent had to sod bare areas of the front yard, obtain a fence permit and pay the outstanding water bills. Leia Boggs explained they got the home into compliance quickly, but more violations were found when re- inspected. 26 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS FLOR BOYNTON BEACH, MAY 20, 2015 Decision Ms. Ellis reduced the lien to $3,500 plus $634.12. Case No 14 -1425 Fetlar LLC 1053 Coral Drive Ms. Springer presented the case. The Notice of Violation was sent June 12, 2014, regarding permits for the kitchen and bath remodel, HVAC replacement and doors, and to apply for and pass a Business Tax Receipt inspection for rental property. The case was heard on August 20, 2014, and Krishwa Ramnanan appeared. The compliance date and fine set was August 25, 2014, or a fine of $500 a day would be imposed thereafter. The violations were corrected on April 6, 2015, accruing a fine of $111,500 plus $634. 12. Leia Boggs explained once they got the right vendors they addressed the violations. Decision Ms. Ellis reduced the lien to $15,000 plus $634.12. Case No. 14 -1517 Fetlar LLC 194 SE 27 Court Ms. Springer presented the case. The Notice of Violation was sent on June 24, 2014, to apply for and pass a Business Tax Receipt inspection for rental property. The case was heard on August 20, 2014, and Krishwa Ramnanan appeared. The compliance date and fine set was August 24, 2014, or a fine of $500 a day would be imposed thereafter. The violations were corrected on May 7, 2015, accruing a fine of $127,000 plus $634.12 in administrative fees. There was only an outstanding water bill. Serena Sakkarawah explained they had a number of issues with their properties. They were occupied properties and duplexes and they could not schedule inspections at the same time, which diminished their ability to cure the violations in a timely manner. She was aware they were prolonged issues. The company's vendor performance was under review regarding permitting issues and it affects their investment power within the City. They were trying to improve their process. Decision Based on the testimony, Ms. Ellis reduced the lien to $15,000 plus $634.12. Case No. 13 -69 72 LLC 121 W. Ocean Avenue Ms. Springer presented the case. The Notice of Violation was January 14, 2013, to remove trash and debris and outside storage. The case was heard March 20, 2013 and no one appeared. The compliance date and fine was March 30, 2013, or a fine of $150 27 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BOYN BEACH, FLORIDA MAY 20, 2015 a day would be imposed thereafter. The violations were corrected on June 14, 2013, accruing a fine of $11,100 plus $634.12 in administrative fees. Ms. Springer was contacted in June 2013 and she explained there were liens from the former owner that were lost in a foreclosure, but the new owner had to bring all those violations into compliance. She explained once the violations were in compliance and all the permits were pulled and finalized, he could apply for a lien reduction. She was contacted in March 2015 for a lien reduction and Ms. Springer explained he had to install sod, mow the overgrown yard, repair the bedroom window, install screens in all windows, repair screens around the bottom of the house, repair the garage door, seal the soffits, remove a dead Coconut Palm, and obtain a permit for a recently installed roof. Additionally, there were outstanding property taxes and water bills that had to be paid. Ms. Springer was again contacted on March 26, 2015, and there was no roof permit. In April, the Respondent still needed to get the roof and mechanical permits for a six -room addition on the back of the house. Normally, Ms. Springer does not take a case to the Board with open permits that had to be finalized. The Building Official agreed that since he was doing the remodel, and has the required permits and was passing inspections, Ms. Springer could bring the lien reduction process forward. She noted there were five parts to the permit. He only had three and needed the other two. He also had a tenant so he had to get the Business Tax Receipt. The Respondent did not pass inspection until this month, but somehow the 2015 Business Tax Receipt was issued. He did not have smoke detectors. Currently, the Respondent installed some sod and he still had the renovation in the back, but all else complied. She had pictures she showed to the Respondent and Ms. Ellis. The Respondent confirmed the property was theirs. Mr. Diane Abraham, owner, explained some of the photographs were old photographs. They purchased the property several years ago. There were open permits they were unaware of at closing. His concern was when they opened the water account he specified their address was in Florida. Several times they requested all correspondence come to the address. The water bill is sent to the Florida address, but not the others. In March they applied for a loan and the attorney advised of the lien. He thought all was taken care of and a few years back, when they spoke to the City, they were advised there was no need to appear. They pulled two permits and complied. They obtained an air conditioning contractor who pulled the permit and the other permit was for the roof for the addition. There was a prior open permit for the roof, but the prior owner did not finish the work. In December, Line Tec moved the water meter from the back to the front of the home. All the pipes for landscaping were compromised and the trees died. They will redo the entire property and want to enhance it. He will need something in writing so he can obtain the loan. Ms. Springer advised she could provide a letter pending City Commission review. 28 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BO YNTON BEACH, FLORIDA MAY 20, 2015 Decision Ms. Ellis reduced the lien to $1,000 plus $634.12 in administrative costs. Case No. 15 -758 Grape Leaf Park LLC Property Address: 1622 NE 4 th Court Violation(s): BBA FBC 2010 ED 105.1 Permit required for garage enclosure. Windows and doors improperly installed. Miscellaneous plumbing needs inspection by the City. Permit needed for water heater. Officer Weixler presented the case. A routine inspection on April 1, 2015, revealed the above captioned violations. The Respondent was not a repeat violator. Written notice was sent April 1, 2015, giving 10 days to correct the violations. Notice was sent by Certified Mail on April 23, 2014, and the signed green card was dated May 1, 2015. The Respondent has Permit No. 15 -2159 for the enclosure, which was applied for on May 8 th. It was currently in Plan check. The property was last inspected yesterday and the Respondent requested a 30 -day extension. Staff recommended a 30 -day compliance date of June 19, 2015, and a fine of $250 a day. Ms. Springer explained the property was purchased under the Conditional Release of Lien program. Nabil Kishk, registered owner, asked about the $250 a day fine and Ms. Ellis explained it would not apply as long as the issues were addressed within the specified time. He was worried because Code Compliance inspects and finds something else. He commented sometimes there are issues for six or eight times and the plans were rejected. He advised they should be done within 30 days. Ms. Ellis noted he already applied for the permit, and he did not have to finish the work within 30 days. He had to get the permit issued within 30 days. Decision Ms. Ellis ordered 30 days to obtain the permits, by June 19, 2015, or a fine of $250 a day if not complied. Case No. 15 -454 10 PROP LLC Property Address: 746 W. Ocean Avenue Violation(s): CO CH13 SEC 13 -16 Business Tax Receipt needed to operate Newlife Recovery Resources, LLC business. Officer Cain presented the case as contained in the Notice of Violation. The case arose from a citizen complaint. An initial inspection on February 25, 2015, revealed the above 29 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BOYNTON BEACH, FLORIDA MAY 20, 2015 captioned violation. The Respondent was not a repeat violator. Written notice was sent giving 10 days to correct the violations. The Certified Mail green card was signed April 27, 2015, and the property was last inspected on May 19, 2015. Newman Mathai, Registered Agent for the company, and Keneai Brittle, the tenant, were present. Mr. Mathai explained the facility was an Adult Congregate Living facility with health care. Mr. Mathai explained they have a Business Tax Receipt, but there was a room the prior owner enclosed. They contacted the Building Department and Property Appraiser and they were taxing the building for that room for the last 10 years. They recommended they contact the Building Department who asked for a survey and elevation survey. All was turned in, but they could not do all of it within 10 days so they asked for more time. Staff recommended a 10 -day compliance deadline. Decision Ms. Ellis ordered a 30 -day compliance deadline of June 19, 2015, or a fine of $200 a day thereafter. Case No. 15 -480 DJV Development LLC Property Address: 136 NE 12 Avenue Violation(s): CO CH15 SEC 15 -120 (D) INC. CO Ch13 SEC 13 -16 Remove outside storage, trash and debris from entire property. Apply for and pass Inspection for Business Tax Receipt and Certificate of Use for rental property. Officer Shickles presented the case. A routine inspection on March 4, 2015, revealed the above violations. The Respondent was not a repeat violator. Written notice was sent giving 10 days to correct the violations. Service was by a signed Certified Mail green card. Substitute service was made on Jeryl Johnson. The tenant. The property was last inspected on May 19, 2015. Staff recommended a 10 -day compliance deadline of May 30, 2015. Albert Williams, the property manager, resides at the premises. He explained there were building materials stacked by the door of the middle building, which he removed. There were a few things in the yard which he did not think were in violation. Staff recommended a 10 -day compliance deadline of May 30, 2015. Decision Ms. Ellis ordered a 10 -day compliance deadline of May 30, 2015, and a fine of $200 a day thereafter. 30 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BOYN BEACH, FLORIDA MAY 20, 2015 Case No.15 -573 DJV Development LLC Property Address: 119 NW 10 Avenue Violation(s): CO CH10 SEC 10 -52 CO CH 15 SEC 15 -120 (D) INC Remove inoperable / unregistered vehicles from the property. Remove outside storage of tires, coolers, furniture, ladders and trash and debris. Officer Shickles presented the case. A routine inspection on March 13, 2015, revealed the above captioned violations. The Respondent was not a repeat violator. Written notice was sent giving 10 days to correct the violations. Service was made by a signed Certified Mail green card and substitute service was made on Jeryl Johnson. The property was last inspected on May 19, 2015. Staff recommended a 10 -day compliance deadline of May 30, 2015, and a fine of $200 a day thereafter. Albert Williams inquired about the debris. Officer Shickles had photographs of the violations taken on May 18, 2015, which he showed to the Respondent and Ms. Ellis. Mr. Williams verified the property was his. Mr. Williams advised there was a tenant at the premises and he would try to get the tenants to take care of the chairs. Decision Ms. Ellis ordered a 10 -day compliance deadline of May 30, 2015, and a $200 a day fine thereafter. Case No. 15 -214 DJV Development LLC 124 NE 13 Avenue Officer Shickles presented the case. The Notice of Violation was sent January 27, 2015. Unit 130 has a rodent infestation. The Respondent was to repair plumbing under the kitchen and replace interior doors. The case was heard on March 18, 2015, and Mr. Williams appeared. The compliance date was March 25, 2015, and the fine was $250 a day thereafter. The property was last inspected on May 19, 2015, and the violations still exist. Ms. Ellis inquired if there was still a rodent problem. Mr. Williams responded he placed bait stations inside and outside the unit. The tenant has a powered chair and was destroying the doors. The suggestion was to replace the door or evict. Mr. Williams advised he has an Order of Eviction and the tenant would be moving out July 1st. He commented if the tenant leaves food out, he could not use the traps, and he has seen food out each time he visited the premises. The tenant advised he does not have the arm strength to reset the traps, and the traps would harm his cats. Ms. Ellis noted this issue could affect others and was a public health issue. 31 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BOYN BEACH, FLORIDA MAY 20, 2015 Decision Due to the public health issue Ms. Ellis certified the fine and explained he may have the opportunity to return for a lien reduction. Mr. Williams commented if a person was living in unsanitary conditions, they were doing what they could to correct the situation, even to the point of removing someone from the property. There are six units on the property and no other unit has complained. Officer Shickles advised when he shows up at the property, the tenants approach him and complain about the issues with the rodents, trash and debris. Case No. 15 -316 DJV Development LLC 336 NE 10 Avenue Officer Shickles presented the case. The Notice of Violation was sent on February 12, 2015, regarding permits for the hot water tanks, interior remodeling and electric panel. The case was heard March 18, 2015, and Albert Williams appeared. The compliance date and fine was March 28, 2015, or a fine of $250 a day would be imposed thereafter. The property was last inspected on May 19, 2015, and the violations still exist having 53 days of non - compliance. This case was Red Tagged by the Building Department. Mr. Williams explained they used a general contractor (GC) and pulled the permit to have the work done. They hired a licensed plumber and electrician. The GC spoke to John Kuntzman in the Building Department who advised as long as the work was done under a GC, the plumber and electrician's license was under the contractor's license. The inspector inspected the property and learned it was a structural matter, and not electrical or plumbing. The contractor pulled the permit, but appeared to not have pulled an electrical or plumbing permit. They pulled the permit, got the inspections and now have to have a structural inspection. Officer Shickles explained the permit issued was for interior doors and windows. It was not electrical or plumbing. Officer Weixler, Code Compliance Officer and former Building Department employee, explained unless a set of plans with electrical and plumbing, reflecting doors and windows is submitted, they will not issue an electrical and plumbing permit. They only received structural plans. It could have and should have been done with one permit, but the plans were not submitted for the electrical and plumbing permit. It now must be done on a separate permit. Mr. Williams advised he hired an architect and assumed all was submitted to the contractor and then to the Building Department. Ms. Ellis suggested contractors hired should communicate better. She had granted several extensions. Decision Ms. Ellis certified the fine and commented he could come back at another time to apply for a lien reduction. 32 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BOYNTON BEACH, FLORIDA MAY 20, 2015 Case No. 14 -2441 Margie M. Moore 2101 NE 1 St Way Officer Hart requested this case be tabled for 30 days. Decision Ms. Ellis tabled the case for 30 days. Ms. Ellis recessed the Hearings at 1:08 p.m. The Hearings were reconvened at 1:18 p.m. Case No. 15 -467 Ranee L. Greitzer & Miguel Rodriguez Property Address: 2109 E. Ridge Circle E. Violation(s): CO CH15 SEC 15 -120 (D) INC. Remove all outside stored materials as well as trash and debris, and unregistered /inoperable vehicles. Officer Pierre advised the violations for this case were corrected. Case No. 15 -468 Jeremiah Kelleher Property Address: 2114 E. Ridge Circle E. Violation(s): CO CH 13 SEC 13 -16 CO CH15 SEC 15 -120 (D) INC Remove inoperable / unregistered vehicles. Apply for and pass inspection for the Business Tax Receipt and Certificate of Use for your rental property. Officer Pierre announced he erroneously listed this case as complied earlier in the meeting. He explained this case would be tabled to June 17, 2015. Case No. 15 -244 BAC Home Loans Servicing LP Property Address: 638 Snug Harbor Drive #13 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. Officer Cain presented the case as contained in the Notice of Violation. The Respondent was not a repeat violator. Staff recommended a 10 -day compliance date of May 30, 2015, and a fine of $100 a day thereafter. 33 i MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BEACH BOYNTON FLORIDA MAY 20, 2015 Decision Given the testimony by the City and seeing no one present to respond, Ms. Ellis ordered the staff recommendation. Case No. 15 -314 137 Woolbright Inc. Property Address: 137 E. Woolbright Road Violation(s): BBA FBC 2010 ED 105.1 Unit 101 has an unsafe structure. Drywall and insulation covered with mold. Ceiling caved in. No access. Red tagged. Officer Cain presented the case as contained in the Notice of Violation. The Respondent was not a repeat violator. The violations were a health and safety hazard. Staff recommended a 15 -day compliance date of June 4, 2015, or a fine of $500 a day thereafter. Decision Seeing no one in the audience to respond, Ms. Ellis ordered the staff recommendation. Case No. 15 -689 Jacintho Carreiro Property Address: 600 NW 10 Court Violation(s): CO CH13 SEC 13 -16 Apply for and pass inspection for the Business Tax Receipt and Certificate of Use for rental property. Sobriety Now Inc. to apply for and pass inspection for a Business Tax Receipt and Certificate of Use for rental property. Officer Cain presented the case as contained in the Notice of Violation. The Respondent was not a repeat violator. Staff recommended a 10 -day compliance deadline of May 30, 2015, and a fine of $100 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -130 2014 1 1 H Borrower LP Property Address: 1530 Rialto Drive Violation(s): CO CH13 SEC 13 -16 Pass inspection for a Business Tax Receipt for your rental property.. 34 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BOYN BEACH, FLORIDA MAY 20, 2015 Officer Guillaume presented the case as contained in the Notice of Violation. Staff recommended a 10 -day compliance date of May 30, 2015, and a fine of $500 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -289 Raymond & Lois Marcinkoski Tr.. Property Address: 422 W. Industrial Avenue Violation(s): BBA FBC 2010 ED 105.1 CO CH 13 SEC 13 -16 Electrical work performed without proper permit and inspections in Bay 8. Bay 8 tenant to apply for and pass inspection for the Certificate of Use and Business Tax Receipt for rental property. Unit missing number on building as noted in the Red Tag. Officer Guillaume presented the case as contained in the Notice of Violation. Staff recommended a 10 -day compliance date of May 30, 2015, and a fine of $500 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -515 SWAY 2014 1 Borrower LLC Property Address: 408 NW 24 Avenue Violation(s): BBA FBC 2010 ED 105.1 CO CHI SEC 13 -16 Obtain permit for air conditioning and water heater. Apply for and pass inspection for the Certificate of Use and Business Tax Receipt for your rental property. Officer Guillaume presented the case as contained in the Notice of Violation. Staff recommended a 15 -day compliance date of June 4, 2015, and a $100 a day fine thereafter. Decision Ms. Ellis ordered the staff recommendation. 35 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BOYN BEACH, FLORIDA MAY 20, 2015 Case No. 15 -519 1200 West Industrial LLC Property Address: 1200 West Industrial Avenue Violation(s): BBA FBC 2010 ED. 105.1 Overhead doors installed without proper permits on the east building that runs north and south behind the boats. Officer Guillaume presented the case as contained in the Notice of Violation. Staff recommended a 15 -day compliance deadline of June 4, 2015, or a fine of $100 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -525 HSBC Bank USA NA Property Address: 2612 SW 23` Cranbrook Drive Violation(s): BBA FBC 2010 ED 105.1 Permit for French door and windows expired. Officer Guillaume presented the case as contained in the Notice of Violation. Staff recommended a 15 -day compliance deadline of June 4, 2015, and a fine of $100 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -147 ILU Properties LLC Property Address: 1629 NE 1 St Street Violation(s): CO CH 13 SEC 13 -16 Pass Business Tax Receipt inspection for your rental property. Officer Hart presented the case as contained in the Notice of Violation. The Respondent was not a repeat violator. Staff recommended a 10 -day compliance deadline of May 30, 2015, and a fine of $100 a day. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -447 Odean R. Smart Property Address: 1508 NE 15 Court Violation(s): CO CH15 SEC 15 -120 (D) INC 36 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BOYNTON BEACH, FLORIDA MAY 20, 2015 Remove all 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. Staff recommended a 10 -day compliance deadline of May 30, 2015, and a fine of $100 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -460 Mia Rentals II LLC Property Address: 2586 SW 10 Street Violation(s): CO CH15 SEC 15 -120 (D) INC CO CH 10 SEC 10 -56 (D) Repair / replace all soffit screens, broken /rotted garage door (permit required) and install four -inch house numbers on building to be visible from the street. Officer Hart presented the case as contained in the Notice of Violation. The Respondent was not a repeat violator. Staff recommended a 10 -day compliance deadline and a fine of $50 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -539 Alfred Lariviere & August Perez Property Address: 2116 NE 3 rd Street. Violation(s): CO CH13 SEC 13 -16 Apply for and pass inspection for Certificate of Use and Business Tax Receipt for your rental property. Officer Hart presented the case as contained in the Notice of Violation. The Respondent was not a repeat violator. Staff recommended a 10 -day compliance deadline of May 30, 2015, and a fine of $100 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. 37 MEETING MINUTES ,SPECIAL MAGISTRATE HEARINGS BEACH BOYNTON FLORIDA MAY 20, 2015 Case No. 15 -562 Peter Powell Property Address: 2087 NW 2 nd Street Violation(s): CO CH13 SEC 13 -16 Apply for and pass inspection for Certificate of Use and Business Tax Receipt for your rental property. Officer Hart presented the case as contained in the Notice of Violation. The Respondent was not a repeat violator. Staff recommended a 10 -day compliance deadline of May 30, 2015, and a fine of $100 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -914 Bible Church of God Inc. Property Address: 1390 N. Seacrest Boulevard Violation(s): CO CH15 SEC 15 -120 (D) INC. Remove trash and debris from the property. Officer Hart presented the case as contained in the Notice of Violation. The Respondent was not a repeat violator. Staff recommended a 15 -day compliance deadline of June 4, 2015, and a fine of $100 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 14 -2481 Winter Palace Investments LLC Property Address: 2702 SW 8 th Street Violation(s): CO CH 13 SEC 13 -16 Pass inspection for the Business Tax Receipt for your rental property. Officer Pierre presented the case as contained in the Notice of Violation. Staff recommended a 15 -day compliance deadline of June 4, 2015, and a fine of $100 thereafter.. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -383 Jane & Michael Morris Property Address: 921 SW 34 Avenue 38 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BEACH, BOYNTON FLORIDA MAY 20, 2 Violation(s): BBA FBC 2010 ED 105.1 Permit expired. Life safety issue for no pool barrier. Officer Pierre presented the case as contained in the Notice of Violation. Staff recommended a 10 -day compliance deadline of May 30, 2015, and a fine of $250 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -393 Bruce & Marjorie Hamilton Property Address: 1914 SW 17 Avenue Violation(s): CO CH 10 SEC 10 -56 (D) Repair or replace roof. Officer Pierre presented the case as contained in the Notice of Violation. Staff recommended a 30 -day compliance deadline of June 19, 2015, and a fine of $250 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -516 Realty Acquisitions & Trust, Inc. Property Address: 2319 S. Federal Highway Violation(s): CO CH15 SEC 15 -120 (D) INC. Mow and trim overgrown lot Officer Pierre presented the case as contained in the Notice of Violation. Staff recommended a 10 -day compliance deadline of May 30, 2015, and a fine of $200 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -485 MF Homes LLC Property Address: 545 NW 9 th Avenue Violation(s): CO CH10 SEC 10 -52 + (A) CO CH15 SEC 15 -120 (D) INC LDR CH3 ART IV SEC 3) and (D) 39 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BOYNTON BEACH, FLORIDA MAY 20, 2015 Major car repair prohibited in Residential R1 -A Zoning District. Sod is required in front yard. Officer Shickles presented the case as contained in the Notice of Violation. The Respondent was a repeat violator. Staff recommended a 10 -day compliance deadline of May 30, 2015, and a fine of $175 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -568 Bernadette G. Butler Property Address: 222 NE 13 Avenue Violation(s): CO CH10 SEC 10 -52 CO CH 15 SEC 15 -120 (D) INC BBA FBC 2010 ED. 105.1 Remove outside storage of washer. Remove trash and debris. Remove inoperable / unregistered vehicles. Obtain building permits for shed and electrical. Tenant living in the shed is prohibited. Officer Shickles presented the case as contained in the Notice of Violation. The Respondent was not a repeat violator. Staff recommended a 10 -day compliance deadline of May 30, 2015, and a fine of $150 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -576 Karen Schiff Property Address: 3566 S. Lake Drive Violation(s): CO CH 10 SEC 10 -56 (D) CO CH15 SEC 15 -120 (D) INC Mow and trim all overgrowth, and pressure clean your roof. Officer Shickles presented the case as contained in the Notice of Violation. The Respondent was not a repeat violator. Ms. Schiff requested Officer Shickles convey that she does not pressure clean the roof because it breaks the tiles. Staff recommended a 15 -day compliance deadline of June 4, 2015, and a fine of $50 a day thereafter.. 40 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BOYNTON BEACH, FLORIDA M AY 20, 2015 Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -577 Lucia & Maria Garcia Property Address: 1046 Old Boynton Road Violation(s): CO CH13 SEC 13 -16 Apply for and pass inspection for the Certificate of Use and Business Tax Receipt for your rental property. Officer Shickles presented the case as contained in the Notice of Violation. The Respondents were not repeat violators. Staff recommended a 10 -day compliance deadline of May 30, 2015, and a fine of $250 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -672 Joseph J. Scrivio Property Address: 1046 Old Boynton Road Violation(s): CO CH13 SEC 13 -16 Apply for and pass inspection for the certificate of use and Business Tax Receipt for your rental property. Officer Shickles presented the case as contained in the Notice of Violation. The Respondent was not a repeat violator. Staff recommended a 10 -day compliance deadline of May 30, 2015, and a fine of $100 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -679 Wells Farg Bank NA TR Property Address: 815 NW 6 Avenue Violation(s): CO CH13 SEC 13 -16 Apply for and pass Business Tax Receipt inspection for the Certificate of Use and Business Tax Receipt for your rental property. Officer Shickles presented the case as contained in the Notice of Violation. The Respondent was not a repeat violator. Staff recommended a 10 -day compliance deadline of May 30, 2015, and a fine of $100 a day thereafter. 41 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BEACH BOYNTON FLORIDA MAY 20, 2015 Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -687 Joann Bate Property Address: 130 NW 5 th Avenue Violation(s): CO CH4 SEC 4 -13 Unlawful to harbor, keep, possess, breed or deal in roosters in the City of Boynton Beach. Officer Shickles presented the case as contained in the Notice of Violation. The Respondent was not a repeat violator. Staff recommended a 10 -day compliance deadline of May 30, 2015, and a fine of $50 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -690 Cut hills Backyard LLC Property Address: 522 NE 4 th Street Violation(s): BBA FBC 2010 ED 105.1 Permits for air conditioning unit and exterior wall outlets installed, electrical & mechanical permits are required. Red tagged. Officer Shickles presented the case as contained in the Notice of Violation. The Respondent was not a repeat violator. Staff recommended a 10 -day compliance deadline of May 30, 2015, and a fine of $200 a day thereafter, Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -710 Ring Holdings LLC Property Address: 522 NW 11 th Avenue Violation(s): CO CH 13 SEC 13 -16 CO CH 15 SEC 15 -120 (D) INC. CO CH10 SEC 10 -56 (D) CO CH 10 SEC 10 -58 (D) Apply for and pass inspection for Business Tax Receipt for rental property. Remove outside storage, trash and debris, screens on soffits are 42 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BEACH BOYNTON FLORIDA 1 required. Repair soffits and fascia, repair leak from bath tub and room air conditioning unit. Officer Shickles presented the case as contained in the Notice of Violation. The Respondent was not a repeat violator. Staff recommended a10 -day compliance date of May 30, 2015, and a fine of $150 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -743 MF Homes II LLC Property Address: 440 NE 27 Avenue Violation(s): CO CH13 SEC 13 -16 CO CH 10 SEC 10 -56 (B) and (D) Apply for and pass inspection for the Business Tax Receipt and Certificate of Use for your rental property. Repair roof leak. Install screens in all windows. Officer Shickles presented the case as contained in the Notice of Violation. The Respondent was a repeat violator. Staff recommended a 10 -day compliance deadline of May 30, 2015, and a fine of $200 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -755 Vernon Thompson Jr. TR Property Address: 208 NE 10 Avenue Violation(s): CO CH19 SEC 10 -24 (A) (1) CO CH13 SEC 13 -16 CO CH15 SEC 15 -120 (D) INC. CO CH10 SEC 10 -56 (B) and (D) Apply for and pass inspection for the Business Tax Receipt and Certificate of Use for your rental property. Remove outside storage, trash and debris. Trash can must not be in view from street on non - pickup days. Repair or replace wood fence, and paint fascia. 43 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BEACH BOYNTON FLORIDA , 2015 Officer Shickles presented the case as contained in the Notice of Violation. The Respondent was a repeat violator. Staff recommended a 10 -day compliance deadline of May 30, 2015, or a fine of $200 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -240 BAC Home Loans Servicing LP Property Address: 2371 NE 1 St Lane 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. Officer Weixler presented the case as contained in the Notice of Violation. Staff recommended a 10 -day compliance deadline of May 30, 2015, or a fine of $150 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -544 Leroy J & Mary J Burger TR Property Address: 311 NE 28 Court Violation(s): CO CH 13 SEC 13 -16 Apply for and pass inspection for the Certificate of Use and Business Tax Receipt for rental property. Officer Weixler presented the case as contained in the Notice of Violation. The Respondents were not repeat violators. Staff recommended a 15 -day compliance deadline of June 4, 2015, or a fine of $100 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -550 Ellareese Murray Property Address: 351 NE 27 Court Violation(s): CO CH 13 SEC 13 -16 Apply for and pass inspection for Certificate of Use and Business Tax Receipt for your rental property.. 44 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BOYNTON BEACH, FLORIDA MAY 20, 2015 Officer Weixler presented the case as contained in the Notice of Violation. The Respondent was not a repeat violator. Staff recommended a 10 -day compliance deadline of May 30, June 4, 2015, and a fine of $150 a day thereafter. Decision Ms. EIIis ordered the staff recommendation. Case No. 15 -693 Pedro Trevino Property Address: 2322 NE 3 Street Violation(s): CO CH10 SEC 10 -56 (D) and (A) Property that is vacant, or vacant structures and premises shall be maintained in a clean, safe, secure and sanitary condition. Secure home. Officer ' Weixler presented the case as contained in the Notice of Violation. The Respondent was not a repeat violator. Staff recommended a 10 -day compliance deadline of May 30, 2015, or a fine of $150 a day thereafter Decision Ms. EIIis ordered the staff recommendation. Case No. 15 -747 3024 Palm Drive Land Trust Property Address: 3024 E. Palm Drive Violation(s): CO CH13 SEC 13 -16 Apply for and pass inspection for certificate of use and Business Tax Receipt for your rental property. Officer Weixler presented the case as contained in the Notice of Violation. The Respondent was not a repeat violator. Staff recommended a 30 -day compliance deadline of June 19, 2015, or a fine of $150 a day thereafter. Decision - Ms. EIIis ordered the staff recommendation. Officer Pierre recommended the following cases be certified as "No Fine ": Case No. Respondent Address 15 -280 Citimortgage 661 NW 25 Avenue 14 -2454 Johnny & Manouche Marcandy 318 Gateway Boulevard 15 -337 Keith & Paulette May 360 NE 14 Avenue 45 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BEACH BOYNTON FLORIDA MAY 20, 2015 15 -247 Bank of New York Trust 3006 Waterside Circle 14 -2458 Henry & Dorothy Davis 529 NW 5 th Street 15 -9 AUM Properties LLC 408 NE 3 rd Street 15 -61 Larry Jackson Jr & Christine Glover 216 NW 4 th Avenue 15 -68 Leon I Jenkins, James Jenkins Jr. Anthony King, Helen Y Miller and Alvin B. Striggles 541 NW 9 th Avenue 15 -160 Dalland Properties LP 137 NE 11 Avenue 15 -368 Jean W. Paul 407 NE 2 Street 14 -2692 Jean Stephene 2960 N. Seacrest Blvd. Officer Pierre recommended the following cases be tabled for 30 days: Case No. Respondent Address 14 -1582 Maureen Gross 3200 E. Atlantic Drive 14 -2345 Maturin Adaljuste 1390 N. Seacrest Blvd. 14 -2580 Logra Management Inc. 3501 W. Boynton Beach Boulevard 14 -2753 Devalla LLC 802 Ocean Inlet Drive 14 -2699 Forstenia & Altiman Butler 2070 NW 2n Street and Eugene Mctyere 15 -457 Boynton Business Park LLC 1300 W. Industrial Ave. 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 1 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 15 -136 Bible Church of God 1390 N. Seacrest Blvd. $100 14 -2758 Aldy Jean Jacques 413 SW 7 th Ave. $100 14 -2546 NHO Real Estate USA LLC 94 Magnolia Circle $100 15 -261 Bank of America 9 Westgate Lane C $100 15 -264 Bank of New York Trust 2512 Venetian Court $100 15 -278 Aurora Loan Services LLC 1508 Meadows Circle W $100 46 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BEACH BOYNTON FLORIDA MAY 2, 2015 15 -286 US Bank National Assoc. TR 5003 Wheatley Ct. $100 14 -2624 Kristin Harper 108 Harbors Way $200 15 -21 Daniel & Woyaline Dirogene 1635 NE 4 th Court $500 15 -92 Andre J Jean 201 NE 16 Avenue $200 15 -212 Edrica Miller 2020 NE 1 St Lane $500 15 -277 Nathaniel A, Jaquarius, Jamar & Jarmel Shelton 1614 N. Seacrest Blvd. $500 15 -351 Felix & Victoire Sainfleur 2130 NE 2nd Street $100 15 -5 Daniel & Milagros Guadalupe 2325 SW 11 Street $100 14 -2701 Brenda Clay 404 NW 8 th Avenue $200 15 -237 HNG LLC 521 SW 1 St Court $100 15 -38 Elins Elan 3293 Grove Road $150 Officer Pierre requested certifying the following Cease and Desist for $150 for one occurrence: Case No. 14 -965 Leroy J. & Mary K Burger 270 NW 14 Avenue Decision Ms. Ellis ordered the lien penalty certifications and certified the Cease and Desist Order. Ms. Springer requested the Board Order be rescinded for the following cases as there was an error: Case No. 15 -791 Yachtsman Properties LLC 7205 Chesapeake Circle Case No. 15 -795 Yachtsman Properties LLC 7205 Chesapeake Circle Decision Ms. Ellis rescinded the Order imposing liens for Case Numbers 15 -791 and 15 -795, Yachtsman Properties LLC. Ms. Springer explained the lien reduction for Case No. 11 -2045 was tabled last month, because no one appeared. She clarified the Respondent did appear and they went through the Conditional Release of Lien program, and would not seek a lien reduction. Decision With respect to Case No. 11 -2045 as cited by Ms. Springer, Ms. Ellis noted the Respondent was not seeking a lien reduction. 47 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BEACH BOYNTON FLORIDA MAY 20, 2015 Approve Satisfaction of Stipulated Agreement Ms. Springer explained a Stipulated Agreement was signed by both parties. They have passed the inspection, and an approval for the following was needed: Grape Leaf Park LLC 1622 NE 4 th Court Kyle Smith 647 South Road Decision Ms. Ellis signed the Satisfaction of Stipulated Agreement as listed above. Adjournment There being no further business to discuss, Ms. Ellis adjourned the meeting at 1:54 p.m. & Catherine Cherry Minutes Specialist 052295 48