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Minutes 09-16-15 MINUTES OF THE CODE COMPLIANCE /LIEN REDUCTION MAGISTRATE HEARINGS HELD IN COMMISSION CHAMBERS, CITY HALL 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, ON WEDNESDAY, SEPTEMBER 16, 2015, AT 9:00 A.M. PRESENT. Carol Dutra Ellis, Special Magistrate Diane Springer, Code Compliance Coordinator I. Call To Order Carol Ellis, Special Magistrate, called the hearings to order at 9:10 a.m. and explained her role and the hearing procedures. Pursuant to Florida Statute, all orders are appealable to the Circuit Court in Palm Beach County, 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 Agenda Approval Diane Springer, Code Compliance Coordinator, determined who was present. Officer Pierre announced the following changes to the agenda: • Case No. 15 -1221 complied • Case No. 15 -1489 was closed • Case No. 15 -743 complied with no fine. Ms. Ellis approved the agenda. IV New Business A B. Cases to be Heard — Tabled New Case No. 15 -962 David Kislak Company LLC Property Address: 121 SW 5'" Avenue Violation(s): CO CH15 SEC 15 -120 (D) INC CO CH10 SEC 10 -52 Remove trash and debris, inoperable vehicle, install sod in front and rear yard. Repair gutters. Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton each, Florida September 16, 2015 Officer Pierre presented the case. The initial inspection date on April 22, 2015 noted the above violations. Written notice was sent the same day. The Respondent was not a repeat violator. Staff recommended a 15 -day compliance deadline of October 1, 2015, or a fine of $100 a day thereafter. All the violations continue to exist. Christina Rodriguez, Property Manager, advised they removed the cars, repaired the gutters and the sod was being installed this afternoon and the next day,. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -1282 Cheryl & Keith Washington 411 SW 10 Avenue Property Address: CO CH13 SEC 13 -16 Violation(s): Obtain Business Tax Receipt for your rental property. Officer Pierre presented the case which arose from a citizen complaint for the above violations. Ten days was given to comply. Staff recommended a 10 -day compliance deadline of September 26, 2015, or a fine of $100 a day thereafter. Cheryl Washington, the Respondent, advised she mailed in a check on June 22, 2015, for the Business Tax Receipt and it was returned because it was the improper amount. The second check was mailed on July 1, 2015, which was returned for the same reason. She contacted Officer Cain, but had not heard back from him. She advised the violation was sent to the renter and not to her. She paid the Business Tax Receipt fees listed on the application, but Officer Cain cannot inspect because he was attending school. Ms. Ellis explained since she already made the application, the last step was to schedule an inspection. Decision Ms. Ellis gave 10 days to complete the process, by September 26, 2015, or a fine of $100 a day would be imposed thereafter. Ms. Ellis explained the earliest inspection would be on Friday. She recommended Ms. Washington call the office today to schedule it. If other violations are found, they have to be corrected within 10 days. Ms. Washington objected to being in her position because she tried twice to make payment. The amount to be paid was highlighted. 2 Meeting Minutes Code /Lien Reduction Magistrate Hearings B o yn ton Beach, Florida September 16, 2015 Case No. 15 -1386 Gasbert Vibert & Viola Dubuisson Property Address: 129 SW 7 Avenue Violation(s): CO CH13 SEC 13 -16 CO CH15 SEC 15- 120(D) INC Install sod in yard. Repair and resurface driveway. Obtain a Business Tax Receipt for rental property. Officer Pierre presented the case. A routine inspection on June 12, 2015, revealed the above violations. The Respondents were not repeat violators. Written notice was sent on June 12, 2015, giving 10 days to correct the violations. The property was last inspected on September 15, 2015. Staff recommended a 30 -day compliance deadline of October 16, 2015, or a fine of $100 a day thereafter. Ms. Ellis learned, based on the last inspection, all of the violations remained outstanding. Viola Dubuisson, the Respondent, explained she installed the grass, but she did not have the money for the driveway. She was told it was $8,000 to $9,000. Johnson Robert, the Respondent's son, explained she installed the sod and the violation indicated she has a Business Tax Receipt. She owns the property and no one is living there. She was waiting to save the funds for the driveway. Officer Pierre did not have information about the Business Tax Receipt because it was Officer Cain's case. Ms. Ellis requested a utility bill or driver's license be produced to ensure they live at the premises. Officer Cain had told them he would remove the Business Tax Receipt from the violation, but it had not occurred. Decision Due to there being conflicting information, Ms. Ellis tabled the case to the next month. It was noted there is a program in the Building Department that could help with repairs for qualified applicants. Case No. 15 -1415 Mr. Rodriguez Enterprises INC Out of Bound Property Address: 217 NE 3 rd Street Violation(s): CO CH 13 SEC 13 -16 Out of Bound tenant operating without Business Tax Receipt. Officer Pierre presented the case which arose from a City Department referral. An initial inspection on June 16, 2015, noted the above violation. Staff gave 14 days to correct the violation. Service for the hearing was obtained by the certified mail green card which was signed, but undated. The Respondent was not a repeat violator. Staff recommended a 10 -day compliance deadline of September 26, 2015, or a fine of $100 a day thereafter. 3 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton B each, Fl September 16, 201 Alexandra Dunn, the Respondent, advised she took care of the matter. Ms. Ellis asked if an inspection took place and Officer Pierre explained when a Business Tax Receipt is late, they have to renew it. Ms. Dunn advised she had a receipt. Decision Ms. Ellis explained they usually deal with residential properties and this was a commercial business. They will confirm if anything else was needed from Business Tax. Ms. Ellis tabled the case to the next meeting. Case No. 15 -990 Raneel L. Greitzer & Miquel A. Rodriguez Property Address: 2109 E. Ridge Circle E. Violation(s): BBA FBC 2010 ED 105.1 Permits are required for the shed on the south side of the home. Officer Shickles presented the case which arose from a citizen complaint. An inspection on April 27, 2015 revealed the above violation. Written notice was sent April 27, 2015, giving 10 days to correct the violation. Service was obtained by a signed certified mail green card dated September 24, 2015. The permit was applied for on May 11 th , but the plans were not approved. The resident received comments on May 19 The property was last inspected on September 11, 2015. Staff recommended a 10 -day compliance deadline of September 26, 2015, or a fine of $100 a day thereafter. Ranee Rodriguez, the Respondent, explained the hurricane tie straps were on the shed. He needed a letter from the HOA president, but she was out of town. Decision Ms. Ellis advised she had 10 days to comply, by September 26, 2015, or a fine of $100 a day thereafter. Case No. 15 -1470 MCJ Investment LLC Property Address: 280 NE 16 Court Violation(s): CO CH10 SEC 10 -56 (B) & (D) CO CH10 SEC 10 -59 (D) CO CH15 SEC 15 -120 (D) INC Install four -inch house numbers on building to be visible from the street. Remove all materials stored outside, trash and debris. Replace missing /broken windows, missing /torn soffit screens, remove tarp and replace /repair roof, remove /repair chain 4 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boy nton each, Florida September 16, 2015 link fence, replace and paint damaged fascia. Cap all open electric. Officer Shickles presented the case for Officer Hart. Officer Shickles advised the case arose from a routine inspection on June 18, 2015, which revealed the above violations. The Respondent is not a repeat violator. Written notice was sent June 18, 2915, giving 30 days to comply. Service was obtained by posting the property on September 2, 2015. The tarp was removed from the roof, but staff was unable to verify proper repairs were made. A roof permit was not applied for. The property was last inspected September 11, 2015. Staff recommended a 30 -day compliance deadline of October 16, 2015, or a fine of $250 a day thereafter. Tezan Ceasar, Manager of MCJ Investments, advised they removed the tarp. The roof was good. As for the two broken windows, they will repair them. The grass was cut and they are almost done. The fence was cut by trespassers. He asked if he still needed permits and was referred to the Building Department. Ms. Ellis advised 30 days will be given. The numbers were not posted on the home. Decision Ms. Ellis gave 30 days to complete the repairs, or a fine of $250 a day would be imposed thereafter, and gave five days to install the house numbers or a fine of $250 a day would be imposed as well. Case No. 15 -1269 Renel & Rosemarie Eloi Property Address: 166 W. Ocean Avenue Violation(s): CO CH10 SEC 10 -52 CO CH15 SEC 15 -120 (D) INC CO CH 10 10 -56 (B) Remove all weeds and debris from property and sod yard. Remove inoperable / unregistered vehicle from the property. Install four -inch house numbers on the building. Officer Shickles presented the case which arose from a routine inspection. An initial inspection on May 5, 2015, revealed the above violations. The Respondents were not repeat violators. Written notice was sent on May 5, 2015, giving 30 days to correct the violations. Service was obtained by a certified mail green card that was signed but undated. The front yard was not addressed. The house numbers were posted and the yard was weeded. The property was last inspected September 11, 2015. Staff recommended a 10 -day compliance deadline of September 26, 2015, or a fine of $200 a day thereafter. 5 Meeting Minutes Code /Lien Reduction Magistrate Hearings B o yn ton Beach, Fl Se 16, 2015 Officer Shickles had photographs he showed to the Respondent and Ms. Ellis. The Respondent confirmed the photographs were of his property. Renel Eloi, the Respondent, explained they put the house numbers on the home and cut the grass. He started planting sod yesterday.. Decision Ms. Ellis gave 10 days to resolve the matter with the sod, by September 26, 2015, or a fine of $200 a day would be imposed thereafter. Case No. 15 -1593 Joseph J. DeKam Property Address: 119 SE 15 Avenue Violation(s): CO CHI SEC 15 -120 (D) INC CO CHI SEC 10 -52 CO CH2O SEC 10 -6 CO C H10 SEC 10 -56 (D) Boat must be parked on hard surface. Sod yard. Remove unregistered vehicles from property. Install minimum four -inch house numbers on building to be visible from the street. Officer Pierre presented the case. A routine inspection on July 5, 2015, revealed the above violations. Written notice was sent on July 6, 2015. The house numbers were posted and the boat was complied. The only outstanding item was the sod and debris. Staff recommended a 10 -day compliance deadline of September 26, 2015, or a fine of $100 a day thereafter. The Respondent was a repeat violator. Joseph DeKam, the Respondent, had no comment and advised he was living at the premises. Ms. Ellis inquired why there were repeat violations. Mr. DeKam described himself as a "red neck" and he works on things like that. He bought a house so he could fix things and thought not being able to fix items in his driveway was disappointing. An arm injury caused the swamp buggy to remain. Decision Ms. Ellis gave 10 days to resolve the sod and debris, by September 26, 2015, or a fine of $100 a day thereafter. Mr. DeKam inquired what he could work on in his driveway, and Ms. Ellis suggested he speak with the Code Officer. 6 i 1 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida September 16, 2015 Case No. 15 -1761 Boynton Property Rehabilitation Property Address: 1511 SW 21S Street Violation(s): BBA FBC 2010 ED 105.1 Secure plumbing, electrical, structural and mechanical permits for water heater, air conditioner, new windows and doors, kitchen and two bathrooms remodeled. Red tagged. Officer Shickles presented the case which was a City department referral. An inspection on August 12, 2015, revealed the above violations. Written notice was sent the same day, giving 10 days to correct the violations. Service was obtained by a signed green card dated August 27, 2015. The Respondent was not a repeat violator. The air conditioning permit was obtained, but not the others. The request is in the Building Department and he was waiting for an inspection. Staff recommended a 10- day compliance deadline of September 26, 2015, or a fine of $100 a day thereafter. Keith Lewis, the Respondent, explained the contractor submitted drawings a few days ago and they were in review. Decision Ms. Ellis gave 10 days to correct the violations, by September 26, 2015, or a fine of $100 a day thereafter.. Case No. 15 -1606 Joseph C. Demesmin Property Address: 3253 Grove Road Violation(s): CO CH10 SEC 10 -52 CO CH14 SEC 14 -3 CO CH15 SEC 15 -120 (D) INC Auto repair of any kind is prohibited. Remove oversized vehicle from property. Remove car engine, trash and debris and inoperable vehicle from the property. Officer Pierre presented the case which arose from a citizen complaint. The initial inspection on July 7, 2015 revealed the above violations. Written notice was sent the same day giving five days to correct the violations. Service was obtained by certified mail sent on August 19, 2015. The green card was signed, but not dated. The bus, trash and debris still remained as of September 8, 2015. Staff recommended a 15 -day compliance deadline of October 1, 2015, or a fine of $200 a day thereafter. Ms. Ellis stated on record the Respondent had prior violations of the same nature dating back to 2010. 7 1 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida September 16, 2015 Mary Demesmin, the Respondent's wife, was present. Her daughter served as a translator and advised only one vehicle remained at the property and her son was moving it today. Decision Ms. Ellis gave a 15 -day compliance deadline of October 1, 2015, or a fine of $200 a day would be imposed thereafter. Case No. 15 -1653 Roberson & Lyciana Innocent Property Address: 3310 E. Atlantic Drive Violation(s): CO CH13 SEC 13 -16 CO CH10 SEC 10 -52 CO CH15 SEC 15 -120 (D) INC Obtain Business Tax Receipt for rental property. Remove inoperable and/or unregistered vehicles from the property. Remove all trash and debris and outside storage. Mow and trim overgrowth. Officer Pierre presented the case which arose from a citizen complaint. The initial inspection on July 13, 2015, revealed the above violations. Written notice was sent the same day giving 10 days to correct the violations. Service was obtained on August 17, 2015. Staff recommended a 15 -day compliance deadline of October 1, 2015, or a fine of $100 a day would be imposed thereafter. He advised all of the violations remained. Roberson Innocent, the Respondent, advised they trimmed the property. He explained he has a tenant at the property. He had applied for a Business Tax Receipt and would schedule an inspection. Ms. Ellis explained she would give a 15 -day compliance deadline of October 1, 2015. Mr. Innocent did not know how much had to be done to the inside of the home and requested 30 -days due to the tenant. Officer Pierre had no objections to the request for 30 days. Decision Ms. Ellis ordered a 30 -day compliance deadline of October 16, 2015, or a fine of $100 a day thereafter. Case No. 15 -457 Boynton Business Park LLC Property Address: 1300 W. Industrial Avenue Violation(s): BBAFBC 2010 ED 105.1 Permits required for all remodeling of wall and electric. Red tagged. 8 Meeting Minutes Code /Lien Reduction Magistrate Hearings F l o rida Boynton Beach, to r 16, 2015 Officer Pierre advised this case had complied and recommended no fine. Case No. 15 -783 Susan G. Froehlich 104 SE 5 th Avenue Officer Pierre presented the case. The Notice of Violation was sent on April 7, 2015, to weed the rocked area by the road and to sod. The case was heard on June 17, 2015, and Ms. Froehlich appeared. The compliance deadline and fine was July 15, 2015, or a fine of $100 a day would be imposed thereafter. The violation still exists with 60 days of non - compliance plus $634.12 in administrative fees. Susan Froehlich, the Respondent, advised she was installing a sprinkler system for the last two months and had just finished. She cannot install sod without the sprinkler system. She had not heard anything from anyone for 30 days or she would have spoken up sooner. She thought an officer would see that she was installing the system. She received no letters or communication, only the hearing notice and she appeared. Ms. Ellis explained at the last meeting, Ms. Froehlich was to stay in contact with the City to advise of her progress. Ms. Froehlich explained she just purchased the property a year ago, and it never had grass. It was a giant sand lot. She made many improvements, cleared a quarter of the property, repaired the fence, restored the white picket fence and the day she finished it, she was cited for grass. She explained there was only so much one person could do to improve a home. Ms. Ellis explained she did not comply and she certified the fine. Ms. Froehlich contended she just finished installing the sprinkler yesterday. Officer Pierre advised this was not his case, but there was a big improvement. He commented Ms. Ellis could give another 30 days because there was progress with the sprinkler system. Ms. Ellis commented because Officer Pierre advised there was progress, she would table the case. Decision Ms. Ellis tabled the case one more month. If the violations are not fully complied, she would certify the fine. Case No. 15 -1260 10 Prop LLC 746 W. Ocean Avenue Officer Pierre presented the case. The Notice of Violation was May 26, 2015, regarding a permit needed for a garage conversion and aluminum carport. The case was heard July 15, 2015 and Newman Mathoi appeared. The compliance date and fine set was to comply by July 30, 2015, or a fine of $100 a day would be imposed thereafter. The property was last inspected September 11, 2015, and the violations remain. There were 47 days of non - compliance and a total of $730.15 in administrative fees. 9 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida September 16, 2015 Newman Mathoi explained they applied for a permit on June 5, 2015, and turned in items the plan reviewer needed two days ago. He had a printout showing the permit was still in plan review which Ms. Ellis reviewed. There was a tenant who applied for the Business Tax Receipt who has a sober home. The violation was they created a room addition. The property has two liens. The home was taxed as a three - bedroom, which staff was researching. Decision Ms. Ellis tabled the case to the next meeting on October 21, 2015. Case No. 15 -615 Nadine Marcellus 1800 NE 2 nd Lane Officer Shickles presented the case. The Notice of Violation was sent March 18, 2015, regarding a Business Tax Receipt and Certificate of Use inspection. The case was heard on July 15, 2015, and Nadine Marcellus appeared. The compliance date and fine was July 25, 2015, or a fine of $100 a day would be imposed thereafter. The property was last inspected on September 11, 2015, and the violation was still outstanding having 52 days of non - compliance plus administrative costs of $730.15. Jean Marcellus, the Respondent's father, was present and advised he does not speak English well. Ms. Ellis pointed out the notice indicates Respondents need to bring a translator if they cannot communicate. Mr. Marcellus apologized. Officer Pierre served as translator. Mr. Marcellus did not object to what was presented. He was advised he did not comply and Ms. Ellis would certify the fine. Mr. Marcellus explained the home was under his daughter's name, but she would not obtain the Business Tax Receipt. They cannot obtain a license unless the daughter cooperated. He was trying to put the house in his name. Decision Ms. Ellis advised she cannot delay the matter and she certified the fine. She pointed out he would have an opportunity to return for a lien reduction. Case No. 15 -1075 Frank & Ellen Vonderlacken 525 NW 7 Court Officer Pierre presented the case. The Notice of Violation was sent May 1, 2015, to install house numbers, and cease yard sales each week. Additionally, the Respondent was to remove debris from the yard. The case was heard on June 17, 2015 and Ellen Vonderlacken appeared. The compliance date and fine was July 17, 2015, or a fine of $100 a day would be imposed thereafter. The violations still exist. The property was last inspected on September 15, 2015, having 60 days of non - compliance and administrative fees of $634.12. The yard sales ceased. The numbers were not on the home and the sod and debris, including unused tires, were still on the property. He had photographs he showed to the Respondent and Ms. Ellis. 10 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida September 16, 2015 Ellen Vonderlacken explained she and her two children were abandoned by her husband. She is on disability and broke. Ms. Vonderlacken had photographs she provided to Ms. Ellis that were taken yesterday. As for the fine, Ms. Vonderlacken, advised she was told she had an extension. She disputed the matter and advised she did not know she could not have a tire on her proeprty as it was not in the initial complaint. She asserted her yard was in better condition than others and the house numbers were on the mailbox. She had called Officer Pierre twice and asked for an extension. He was to call her back, but she did not hear anything. Decision Ms. Ellis gave 15 days to get all done, especially the numbers on the home. If not complied, the fine will stand.. Case No. 15 -1179 Lisa Hart 1214 NW 7 t " Avenue Officer Shickles presented the case. The Notice of Violation was sent on May 7, 2015. The case was heard July 15, 2015, and the Respondent appeared. The compliance date and fine set was July 25, 2015 or a fine of $100 a day would be imposed thereafter. The property was last inspected on September 15, 2015, and the violations still existed having 52 days of non - compliance. Ms. Ellis reviewed the facts of the case. The Respondent sodded some of the yard. The side of the yard and the back, which is visible from the street, had not been started. Officer Shickles had photographs he showed to the Respondent and Ms. Ellis. Lisa Hart, the Respondent, explained the photographs were of the area around her driveway that needed sod was addressed within the required time frame. The Officer returned, banging on the door with an attitude, because she dug up a tree between her home and the neighbors. Officer Shickles explained the case was not complied, and Ms. Hart contended the tree had nothing to do with the case and that she would grass the area. Officer Shickles asserted the backyard was not addressed and Ms. Hart commented that was not in the original violation. She explained her lawn is mowed and the grass in the front of the property was in compliance. She had a photograph Ms. Ellis viewed. Officer Shickles had no comments. The picture showed the yard was overgrown. Ms. Ellis explained the violation notice referred to the entire property, not just certain portions. The picture represented the property and there was still overgrowth. Ms. Ellis certified the fine and explained when fully addressed, the Respondent could return for a lien reduction. Ms. Hart inquired when the fine would start and Ms. Ellis advised the fine was set at the last hearing and the violations were to be addressed by July 25, 2015. Officer Shickles had photographs he showed to Ms. Ellis. 11 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton each, Florida September 16, 201 Decision Ms. Ellis gave 15 days to address all the issues, communicate with the City, provide photographs and make sure they see evidence of compliance. She advised this was for the entire property. Case No. 15 -1015 Shumar Metellus 510 NE 26 Avenue Officer Pierre advised this case was tabled to October 21, 2015. The Respondent was present and wanted to speak. Officer Pierre reviewed the violations pertained to a Business Tax Receipt and Certificate of Use that were needed. The property was last inspected on July 14, 2015. Staff recommended a 10 -day compliance deadline. Diana Fleming, the Respondent's mother, explained they applied for the Business Tax Receipt a month ago and they had an inspection. Ms. Fleming had paperwork Ms. Ellis viewed. Decision Ms. Ellis advised the case would be heard next month and she should speak with the Building Department to address the violations. Ms. Fleming inquired if it mattered that the property will no longer be rented. Ms. Ellis advised if the owner moves back in, he will have to present evidence he is living there, such as a utility bill. Ms. Ellis advised the son should provide evidence to the Code Officer. Case No. 13 -2413 Frank W. Allen 1428 SW 25 Place B. Ms. Springer presented the case. The Notice of Violation was sent October 30, 2014 to repair the roof. The compliance date and fine was February 14, 2014, or a fine of $50 a day would be imposed thereafter. The violations were corrected on June 25, 2015, accruing a fine of $24,750 and administrative fees of $730.15. Ms. Springer was contacted in July for the lien reduction inspection. The Respondent had to pay a water bill, but failed inspection because of an open permit. Once the permit was finalized, the property was ready for lien reduction. Robert Arnold, SD Trust Services, explained Mr. Allen conveyed the property to the firm in August 2014, and there is a deed recorded. Ms. Springer explained they purchased the property with the lien on it and that was why the lien is under his name. Mr. Arnold explained his firm did the remediation. The roof was damaged and the water destroyed the interior of the unit. They paid for a demolition permit and closed it out. The property is in compliance. They want to make other repairs up to Code. Decision Ms. Ellis reduced the lien to $1,000 plus administrative fees of $730.15. 12 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida September 16, 2015 Case No. 14 -2022 Pro Serve Industries Inc. 1202 SW 21 Avenue Ms. Springer presented the case. The Notice of Violation was sent August 26, 2014. The case was heard October 15, 2014, and no one appeared. The compliance date and fine set was October 30, 2014, or a fine of $200 a day would be imposed thereafter. The violations were corrected on May 28, 2015, accruing a fine of $41,800 and administrative fees of $826.18. Ms. Springer was contacted in early September for a lien reduction and they needed to final the air conditioning permit, which was done two days later. Pete Lewis, Pro Serve Industries, Inc,. advised they took ownership of the property a year ago. The roof was done, and they got through all the permits. The contractor was elderly and became ill. He contacted his company to call in the inspection. The owner /contractor died and he called the company manager but he was not working in Boynton Beach and could not call in inspections. He has new permits pulled and he obtained the final inspections. The process was long with the change of contractor. All the prior work received a sign off. Decision Based on the testimony presented, Ms. Ellis reduced the lien from $41,800 to $2,000 plus administrative costs of $826.18. Case No. 13 -1820 Chase Home Finance LLC 405 NW 7 Court Ms. Springer presented the case. The Notice of Violation was sent on August 21, 2013, regarding registration of a foreclosed property, secure the property, mow, weed and trim overgrowth, repair rotten soffits and remove trash and debris. The case was heard on October 16, 2013, and no one appeared. The compliance date and fine was October 26, 2013, or a fine of $1,000 thereafter. The violations were corrected on April 27, 2015, accruing a fine of $547,000 plus administrative fees of $634.12. Ms. Springer was contacted in 2014 for a lien reduction inspection. All the violations remained outstanding. She was contacted several other times, and each time they went out, they found the original violations and others. In November 2014, they had to repair or replace a dilapidated fence, replace the gate, paint the fascia and house numbers, install window screens, replace rotten wood on wash house door, remove a Jacuzzi, obtain a shed permit, and pay outstanding water bills. Ms. Springer was contacted in April 2015, by Margie Goldman and the violations were corrected, but the following was needed for lien reduction: install sod in the front yard, weed and replace planter in the front yard, replace a broken mailbox, paint the fascia, replace missing window screens, repair torn soffit screens, repair gate to the back yard on the north side of the property, replace wood siding and the door on the utility room, install a screen on the sliding door in the rear, pressure clean the building, driveway and walkway, and pay two outstanding water bills. Ms. Springer was contacted in August and all was done, 13 Meeting Minutes Code /Lien Reduction Magistrate Hearings B o y nton Beach, Florida September 16, 2015 except one permit had to be finalized. It passed inspection and the property was eligible for lien reduction on September 2, 2015. Margie Goldman Spadera, listing agent and bank representative, advised there is a contract on the property for $110,000. Chase took ownership in December 2013, and Ms. Goldman Spadera became the listing agent in November 2014. They put the house up for auction, and when she became aware of the violations, they addressed them. The Bank spent about $7,300 to cure the violations and unpaid water bills. The house was vacant for a prolonged period of time. Ms. Springer had before and after photographs of the property the Respondent and Ms. Ellis reviewed. Ms. Ellis remarked the property was beautiful. They listed the property the first of the year, and the Bank auctioned the property. Someone purchased the property and the Bank wanted the property listed. The property was under contract in July. She hoped with the lien reduction addressed, they could close in October. Decision Ms. Ellis noted there were substantial improvements made to the home and she reduced the lien to $3,000, plus administrative fees based on the property being overhauled. The following Respondents were administered an oath: Case No. 15 -1728 Willie J. Morrell Est. Property Address: 350 NW 16 Court Violation(s): CO CH10 SEC 10 -56 (D) CO CH15 SEC 15 -120 (D) INC Remove inoperable / unregistered vehicles and overgrown vegetation from the fence. Install four -inch house numbers on the building to be visible from the street. Officer Shickles presented the case. A routine inspection on July 27, 2015, revealed the above violations. The Respondent was not a repeat violator. Written notice was sent on July 27, 2015, giving 10 days to correct the violations. Notice was obtained by posting the property and City Hall on September 3, 2015. The property was last inspected on September 11, 2015. Staff recommended a 10 -day compliance deadline or a fine of $200 a day would be imposed thereafter. Mr. Morrell, the Respondent was present. Officer Shickles advised all the violations remained outstanding. Mr. More[[ advised he just got out of the hospital and he has family members living with him. He had been in the hospital for a month. Ms. Ellis explained the violations to Mr. Morrell who indicated he understood. 14 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boy nton c , Fl to r 16 201 Decision Ms. Ellis ordered the four -inch house numbers to be posted on the building within seven days, by September 23, 2015, or a fine of $200 a day would be imposed thereafter. Ms. Ellis ordered 15 days to comply with the other violations, by October 1, 2015, or a fine of $200 a day would be imposed. Case No. 15 -1207 Sorin Filat 616 NW Vt Avenue Officer Shickles explained this case is a fine certification and the Respondent was present. The violations were corrected and staff recommended no fine. Decision Ms. Ellis ordered no fine and closed the case. Case No. 15 -504 Peninsula Boynton Proper LLC Property Address: 2700 N. Federal Highway Violation(s): BBA FBC 2010 ED 105.1 Permits required for demolition and repair of two towers that were removed. Officer Pierre presented the case which arose from a citizen complaint. An initial inspection on March 6, 2015 revealed the above violation. Written notice was sent the same day giving 10 days to correct the violations. Certified mail was sent July 15, 2015, and the green card was returned signed, but undated. The permits were still open. Staff recommended a 15 -day compliance deadline of October 1, 2015, or a fine of $200 a day thereafter. Federica Drado, Construction Manager, explained as of last Thursday, a lady in the Building Department gave instructions to complete the work and they needed the final permit which they did on Friday. The structure is partially complete. On Friday they requested an inspection for Monday morning. The inspector advised the work was completed without the inspections and they had to take it apart or have an architect sign off on the property. The architect of record issued a letter which they provided. After the meeting, they will request a final inspection for tomorrow which will resolve the matter. Decision Ms. Ellis gave 15 days to correct the violations, by October 1, 2015, or a fine of $200 a day thereafter. 15 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida September 16, 2015 Case No. 15 -1507 Morguard Boynton Town Center 800 N. Congress Avenue Officer Pierre presented the case which was heard on August 19, 2015, and no one appeared. A Cease and Desist Order was issued to comply by August 20, 2015, or be fined $500 per occurrence. There were three occurrences. The Respondent was present. Ms. Ellis reviewed the facts of the case and the dates. Inspections on August 21, 2015, August 31, 2015, and September 1, 2015, revealed violations which was a pile of vegetation. The complaint was lodged by the Vice Mayor Casello on June 23, 2015. Officer Pierre had photographs the Respondent and Ms. Ellis viewed. Bill Horowitz, the Property Manager, was present. Ms. Ellis asked why no one appeared. Mr. Horowitz explained they continuously pick up palm fronds from the property and thought it was resolved, but he did not communicate it to the Code Officer. As of three months ago, they started picking up the fronds more actively. In 2007, the property was used as a staging area, which ceased July 7. The issue is some of the employees were still using it for staging, but it was also used as a dumping ground by others. They pick it up weekly. Ms. Ellis noted the location is in a prominent area of the City and Mr. Horowitz clarified it was not. It was in the back of the property next to a vacant piece of land. Ms. Ellis advised she would have to enforce the Cease and Desist, and the company has to communicate better. Mr. Horowitz advised the photographs were of different dumping areas that were not theirs. He pays for landscaping and portering services to remove the debris. Ms. Ellis noted they still owned the property. Decision Ms. Ellis enforced the Cease and Desist. Mr. Horowitz explained when they notice debris is dumped, he needs a few days for the hauler to remove it. They do not have security at the premises. She suggested working out some type of plan with Code Enforcement. Mr. Horowitz advised he did and he was advised to attend the hearing. Ms. Springer had spoken with him and conveyed at one point they had an employee in a golf cart that would pick up the fronds and was leaving them there for the landscaper to remove, but that stopped. Ms. Springer advised Public Works will schedule special pickups, but there is a charge. She did not know how to respond, but advised they do not inspect the property daily, only reactively. She suggested they should advise Code they were addressing the issue the next day when they notice fronds on the property. Mr. Horowitz requested she remove the Cease and Desist order. Ms. Ellis noted the violations were recurring. She thought if there were no instances within a long period of time, she could consider lifting the Order. 16 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Bea Fl September 16, 201 Mr. Horowitz inquired if he had any further recourse and Ms. Ellis explained an appeal could be made to the Circuit Court. Case No. 14 -2569 St. Michael Properties LLC 1402 Meadows Circle W. Ms. Springer presented the case. The Notice of Violation was sent on November 11, 2014, regarding a Business Tax Receipt inspection for a rental property. The case was heard January 21, 2015 and no one appeared. The compliance date and fine was January 31, 2015, or a fine of $100 a day would be imposed thereafter. The violations were corrected July 30, 2015, accruing a fine of $17,900 and administrative fees of $634.12. A lien reduction inspection was requested on July 31, 2015 and the only thing they had to do was to pay outstanding 2015 taxes and water bills. She emailed a reminder on August 21, 2015, the taxes and water bill were not paid which held up the lien reduction. They paid the bills on September 9, 2015. Eduardo Subervi, Managing Member, apologized for not attending the January hearing. They moved in December so the notice may have been misplaced. They had a new tenant who would not permit access to the Unit. They owned the property since 2012. It was a foreclosure and they rented it out in 2013. Decision Ms. Ellis reduced the lien to $1,500 plus administrative fees of $634.12. Ms. Ellis recessed the meeting at 19:38 a.m. for a short break and reconvened the meeting at 19:46 a.m. Ms. Springer advised representatives for Case No. 14 -793 and Case No. 12 -2425 were not present: Decision Ms. Ellis tabled Case Nos :14 -793 and 12 -2425 to the next meeting Officer Pierre advised Case 15 -1580 should be tabled to the next meeting. Decision Ms. Ellis tabled Case No. 15 -1580 to the next meeting. Case No. 15 -411 Lola Cariello Property Address: 1748 Palmland Drive Violation(s): BBA FBC 2010 ED 105.1 Obtain permits for garage converted to an office. 17 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boyn each, Fl September 16, 2015 Officer Pierre presented the case as contained in the Notice of Violation. Staff recommended a 30 -day compliance deadline of October 16, 2015, or a fine of $100 a day thereafter. Decision Based on the testimony of the City, Ms. Ellis ordered the staff recommendation. Case No. 15 -1618 Deutsche Bank National Trust Co. Property Address: 119 SW 5 th Avenue Violation(s): CO CH10 SEC 10 -512.5 INC Property that is vacant or subject to a current notice of default must be registered with the City and maintained per City Code Mow overgrown yard, install sod and remove trash and debris from property. Officer Pierre presented the case as contained in the Notice of Violation. Staff recommended a 30 -day compliance date of October 16, 2015, or a fine of $100 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -1466 Adalwin LLC Property Address: 1611 NW 1 St Court Violation(s): CO CH15 SEC 15 -120 (D) INC CO CH10 SEC 10 -56 (D) Remove all unregistered inoperable vehicles from the property and install four -inch house numbers visible from the street. Officer Shickles presented the case as contained in the Notice of Violation. Staff recommended a 10 -day compliance deadline of September 26, 2015, or a fine of $100 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. 18 Meeting Minutes 1 Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida September 16, 2015 Case No. 15 -1561 JUL Properties LLC Property Address: 1475 NW 1 St Court Violation(s): CO CH13 SEC 13 -16 CO CH10 SEC 10 -56 (D) House numbers must be displayed on structure of home. Obtain a Business Tax Receipt for your rental property. Officer Shickles presented the case as contained in the Notice of Violation. Staff recommended a 15 -day compliance date of September 26, 2015, or a fine of $150 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -1570 Bernice Potter Est. Property Address: 1641 NW 3r Lane Violation(s): CO CH4 SEC 14 -3 CO CH15 SEC 15 -120 (D) INC CO CH10 SEC 10 -56 (D) Remove oversized truck, place four -inch house numbers on building to be visible from the street. Sod bare areas in front yard. Officer Shickles presented the case as contained in the Notice of Violation. Staff recommended a 15 -day compliance date of October 1, 2015, or a fine of $100 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -1572 Annie Moorer Property Address: 1618 NW 3r Street Violation(s): CO CH10 Sec 15 -120 (D) INC Remove all inoperable /unregistered vehicles from the property. Weed and remove overgrowth from the fence. Officer Shickles presented the case as contained in the Notice of Violation. Staff recommended a 10 -day compliance date of September 26, 2015, or a fine of $100 a day thereafter. 19 Meeting Minutes Code /Lien Reduction Magistrate Hearings B oynton Beach, Florida September 16, 2015 Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -1609 Meir Maor & Sharvit Dai Daniel Property Address: 225 NE 6 th Avenue Violation(s): CO CH10 SEC 13 -16 Obtain Business Tax Receipt for rental property. Officer Shickles presented the case as contained in the Notice of Violation. Staff recommended a 15 -day compliance deadline of October 1, 2015, or a fine of $200 a day would be imposed thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -1631 Broadtree Homes Florida LLC Property Address: 4 Whitehall Way Violation(s): CO CH10 SEC 15 -120 (D) INC CO CH 13 SEC 13 -16 Obtain a Business Tax Receipt for rental property. Mow, trim and weed overgrowth. Officer Shickles presented the case as contained in the Notice of Violation. Staff recommended a 10 -day compliance date of September 26, 2015, or a fine of $100 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No.15 -1675 Gaspar Tomas Property Address: 302 NE 20 Avenue Violation(s): CO CH10 SEC 15 -120 (D) INC Remove all materials stored outside, and trash and debris. Officer Shickles presented the case as contained in the Notice of Violation. Staff recommended a 10 -day compliance date of September 26, 2015, or a fine of $100 a day thereafter. 20 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton B each, I ri r 16, 2015 Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -1723 Johnny Marcandy Property Address: 404 NW 15 Avenue Violation(s): CO CH10 SEC 15 -120 (D) INC CO CH10 SEC 10 -56 (D) Remove all inoperable / unregistered vehicles. Place four -inch house numbers on the building to be visible from the street. Officer Shickles presented the case as contained in the Notice of Violation. Staff recommended a 10 -day compliance date of September 26, 2015, or a fine of $100 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -1726 Howard Brown Property Address: 1480 NW 2nd Street Violation(s): CO CH10 SEC 10 -56 (D) CO Ch15 SEC 15 -120 (D) INC Place four -inch house numbers on building to be visible from the street. Mow, trim and weed all overgrowth. Remove wood and replace all broken or missing windows. Paint unpainted fascia. Officer Shickles presented the case as contained in the Notice of Violation. Staff recommended a 15 -day compliance date of October 1, 2015, or a fine of $150 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -1112 John Holland Property Address: 710 NW 8 1h Court Violation(s): CO CH15 SEC 15 -120 (D) INC Remove illegal storage, wood fencing, trailers and canopy. 21 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton lri da September 16, 201 Officer Shickles presented the case as contained in the Notice of Violation. Staff recommended a 10 -day compliance date of September 26, 2015, or a fine of $100 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -1590 Lakhmichand N. Kalra Trust Holoder Property Address: 3725 Diane Drive Violation(s): CO CH 13 SEC 13 -16 CO CH15 SEC 15 -120 (D) INC CO CH10 SEC 10 -52 CO CH10 SEC 10 -58 (D) Mow and trim overgrown yard, sod bare spots in front yard, apply for and pass inspection for Business Tax Receipt, fix sprinkler system, remove unwanted unlicensed trailer. Officer Pierre presented the case as contained in the Notice of Violation. Staff recommended a 15 -day compliance date of October 1, 2015, or a fine of $100 a day thereafter.. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -1621 Lake Ida Tract LLC Property Address: 12807 Lake Drive Violation(s): CO CH15 SEC 15 -120 (D) INC Mow and trim trees back from roadway. Trim and mow yard. Officer Pierre presented the case as contained in the Notice of Violation. Staff recommended a 10 -day compliance date of September 26, 2015, or a fine of $100 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -1648 James & Linda Ford Property Address: 2177 SE 1 St Circle Violation(s): CO CH13 SEC 13 -16 22 Meeting Minutes Code /Lien Reduction Magistrate Hearings B oynton Beach, Florida September 16, 2015 Apply for and pass inspection for Business Tax Receipt for your rental property. Officer Pierre presented the case as contained in the Notice of Violation. Staff recommended a 10 -day compliance date of September 26, 2015, or a fine of $100 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -633 Edward Castagna Property Address: 1504 Meadows Circle W. Violation(s): CO CH 13 SEC 13 -16 Obtain a Business Tax Receipt for your rental property. Officer Shickles presented the case as contained in the Notice of Violation. Staff recommended a 10 -day compliance date of September 26, 2015, or a fine of $100 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -1416 Boynton Business Park LLC Nextera Landscaping LLC Property Address: 1370 W. Industrial Avenue Violation(s): CO Ch 13 SEC 13 -16 Unit 102, Nextera Landscaping LLC, operating without a Business Tax Receipt. Tenant must apply for and pass inspection for a Business Tax Receipt. Officer Shickles presented the case as contained in the Notice of Violation. Staff recommended a 10 -day compliance date of September 26, 2015, or a fine of $200 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. 23 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida Septe 16, 2015 Case No. 15 -1748 Edward Castagna Property Address: 1733 Meadows Circle W. Violation(s): CO CH13 SEC 13 -16 Renew Business Tax Receipt for rental property. Officer Shickles presented the case as contained in the Notice of Violation. Staff recommended a 10 -day compliance date of September 26, 2015, or a fine of $100 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -1368 Gil & Simcha Stetner Property Address: 21 Crossings Circle A Violation(s): CO CH13 SEC 13 -16 Obtain a Business Tax Receipt for your rental property. Officer Pierre presented the case as contained in the Notice of Violation. Staff recommended a 10 -day compliance date of September 26, 2015, or a fine of $100 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -1409 JDR Landscaping Plus Property Address: 2201 NE 4 th Street Violation(s): CO CH13 SEC 13 -16 CO Ch15 SEC 15 -120 (D) INC BBA FBC 2010 ED 105.1 Obtain a Business Tax Receipt for your rental property. Pavers and carport enclosure done without a permit, gutter downspout missing, remove all trash and debris and outside storage from the property. Officer Pierre presented the case as contained in the Notice of Violation. Staff recommended a 10 -day compliance date of September 2-6-, 6 2015, or a fine of $100 a day thereafter. 24 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, F lorida r 16, 2015 Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -1668 Mark Maher Property Address: 620 Lakeside Harbor Violation(s): CO CH10 SEC 15 -120 (D) INC Mow and trim all overgrowth on vacant lot. Officer Pierre presented the case as contained in the Notice of Violation. Staff recommended a 10 -day compliance date of September 26, 2015, or a find of $100 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -1703 AMM Florida Investments LLC Property Address: 341 NE 23 Avenue Violation(s): CO CH15 SEC 15 -120 (D) INC Mow and trim overgrowth. Officer Pierre presented the case as contained in the Notice of Violation. Staff recommended a 10 -day compliance date of September 26, 2015, or a fine of $100 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -1765 John H. & Ivonne Reynolds Property Address: 2320 NW 1 St Street Violation(s): CO CH10 SEC 10 -52 CO CH15 SEC 150120 (D) INC Remove or register unregistered vehicle on the property. All vehicles must be operational. Mow and trim overgrowth and sod or seed bare areas on front lawn. Officer Pierre advised the following cases should be certified as "No Fine ": 25 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida Septe 16, 2015 Case No. Respondent Address 08 -3379 Forum Shoppes of Boynton LLC 140 N. Congress Avenue 15 -724 DJV Development LLC 143 NE 9th Avenue 15 -859 DJV Development LLC 336 NE 13 Avenue 15 -860 DJV Development LLC 339 NE 12 Avenue A 15 -944 Sonia R. Narwani 425 Key Lime Boulevard 15 -1002 Iglad A. Naurelus 216 SW 5 Avenue 15 -500 John Whitaker 18 Chelsea Lane 15 -1193 Anworth Properties Inc. 816 NW 8 Avenue 15 -1270 Po Ying Sem 1461 NW 1 st Court 15 -975 Eduardo & Hermelinda Santiago 409 NW 7 Court 15 -1174 Jose Cuevas Est. 610 NW 7 Street 15 -1183 Fetlar LLC 649 W. Ocean Avenue 15 -1188 Rogowski Holdings LLC 220 SW 6 Street 15 -1207 Sorin Filat 616 NW 1 st Avenue 15 -1254 PRH Boynton Beach LLC 400 N. Federal Highway 15 -911 Victor Scarpulla 581 Alto Road Officer Pierre announced the Case Nos 15 -1049, 15 -1058, and 15 -1078 1060 would be tabled to October 21, 2015. 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 in Chambers for any of the cases 1 am requesting for certification at this time. All of the cases have been re- inspected prior to the hearing 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 -314 137 Woolbright Inc. 137 E. Woolright Rd. $500 15 -1008 Marie Island Louis Juste 238 SW 5 Avenue $1,000 15 -1098 Wells Fargo Bank NA Trust 815 NW 6 Avenue $ 50 15 -1194 Jessica A. Sacoulas 813 NW 5 Avenue $100 15 -1285 James & Nicole A. Latham 603 SW 3 d Avenue $ 50 15 -443 Adalwin LLC 411 NW 13 Avenue $500 15 -1185 RHA 2 LLC 655 W. Ocean Avenue $200 15 -1186 Rita Fowler, Rita Fowler Tr 26 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida September 16, 2015 And Rita Fowler Tr. Title Holder 200 SW 7 th Street $200 15 -1187 Marie G. Leveille Est. 222 SW 6 th Street $150 Officer Pierre advised Case Nos. 15 -593 and 15 -924 was certified. Officer Pierre advised Case No. 15 -585 was tabled to October 21, 2015. Ms. Ellis inquired if this completed the lien certifications and learned it did. Adjournment Ms. Ellis adjourned the hearing at 12:13 p.m. Catherine Cherry Minutes Specialist 100915 27