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Minutes 10-21-15 MINUTES OF THE CITY OF BOYNTON BEACH CODE/LIEN REDUCTION SPECIAL MAGISTRATE HEARINGS, HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA, ON WEDNESDAY, OCTOBER 21, 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 9:06 a.m. and explained her role and the 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 Approval of July 15, 2015 and August 19, 2015 minutes with corrections Ms. Ellis approved both the July and August meeting minutes with the following corrections made to the August 19, 2015 minutes: • Page 1 of the August meeting minutes, Ms. Ellis approved the June 17 minutes, not the May 20, 2015 minutes with a change on page one to Case No. 15 -371. The case should be removed and not tabled. • Page 26, Case No. 14 -1578, the administrative fee should be $730.15. • Page 35, Case No. 15 -554, the compliance date should be September 18, 2015, not September 15, 2015 • Page 39, Case No. 15 -1420, the fine amount should be $100, not $200. IV. Approval of Agenda Officer Cain announced the following changes to the agenda: Case Nos. 15 -2082 and 15 -1945 were removed as they complied. Case No. 14 -793 was removed. Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida October 2 1, 2015 Ms. Ellis approved the agenda. Diane Springer, Code Compliance Coordinator, called the roll and determined who was present. Ms. Ellis added if any of the Respondents need a translator, the notice sent to them specified they were required to provide their own translator. She also commented most of the cases being heard are cases of "first impression." She explained if she does not have enough information to decide the case based on the testimony, she may need additional information to be supplied to her. V. New Business Case No. 15 -985 Andrea Yekutiel and Charles Adams Property Address: 644 Riviera Drive Violation(s): CO CH 13 SEC 13 -16 Apply for and pass inspection for Business Tax Receipt and Certificate of Use for rental property and operation of halfway house business. Courtney Cain, Code Compliance Officer, presented the case which arose from a citizen complaint. An initial inspection on April 22, 2015 revealed the above violations. The Respondents were not repeat violators. Written notice was sent on April 22, 2015 giving 10 days to correct the violation. Service was obtained by certified mail green card, which was signed, but undated. The property was last inspected on October 19, 2015. There are no safety hazards at the premises. Staff recommended a 30 -day compliance deadline of November 20, 2015, or a fine of $100 a day thereafter. The Respondents submitted an application for the Certificate of Use and Business Tax Receipt. Jason Lloyd, the founder of the group Good Works, that rented the property, explained there were men in the Riviera property and the other property housed women. This was ongoing since January 2015. He had already applied for the Business Tax Receipt and Certificate of Use, when Officer Cain came to the premises, but it was rejected. The person helping him with their reasonable accommodation request advised him to appear at the hearing. There was correspondence from the City yesterday regarding the resolution of the accommodation request. Mr. Lloyd wanted to appear to see if there was anything that had to be done with the building. They had inspections. First they had to fix the gate and replace two screens, but he believed the delay pertained to the number of people living in the house. There cannot be more than six unrelated individuals in a home. 2 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida Oct 2 1, 201 Mike Rumpf, Planning and Zoning Director, confirmed there had been contact between the parties, but Mr. Rumpf was involved in the denial of the Business Tax Receipt for the halfway house based on the number of individuals. He confirmed the Ordinance limits a group home to a maximum of six unrelated individuals. A reasonable accommodation application had been filed, but was denied. The individual representing the reasonable accommodation was to provide additional information within 30 days of the denial. Fifty days after the denial, staff received a request for additional time. Mr. Rumpf clarified the Certificate of Use and Business Tax Receipt was essentially the same thing. Staff recommended 30 days to comply. Ms. Springer commented if the Respondent could present any other evidence to Mr. Rumpf, the extension would be sufficient. Mr. Rumpf's letter was dated August 27, 2015 and the next correspondence was received on October 16 requesting more time. Decision Based on the testimony from the Respondent and the City staff, Ms. Ellis ordered a 30- day compliance date of November 20, 2015, and explained if not corrected by then, a fine of $100 a day would be imposed thereafter. Mr. Lloyd advised they want to work with the City, but with only six people in the house, they could not afford the rent. Case No. 15 -785 Andrea Mendler Yekutiel and Charles Adams Property Address: 1114 SE 29 Avenue Violation(s): CO CH 13 SEC 13 -15 Apply for and pass inspection for Business Tax Receipt and Certificate of Use for rental property and operation of halfway house business. Vestiguerne Pierre, Senior Code Compliance Officer, advised this was the same as the last case, but in a different house. Officer Pierre presented the case which arose from a citizen complaint. An initial inspection on April 7, 2015 revealed the above violations. The Respondents were repeat violators. Written notice was sent April 27, 2015 giving 10 days to comply. The property was last inspected October 20, 2015. Staff recommended a 30 -day compliance date of November 20, 2015 and fine of $150 a day thereafter. Mr. Rumpf advised the reasonable accommodation request he was dealing with covered both properties. Mr. Lloyd agreed it was the same as the other house. They added a women's home, but there were more than six people there. 3 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida October 21 2 015 Decision Based on the testimony of the City, given the issue was similar to the prior case, Ms. Ellis ordered a 30 -day compliance date of November 20, 2015, or a fine of $100 a day thereafter. Case No. 13 -674 Kerry B. Hickman Property Address: 1990 NW 1 St Street Violation(s): CO CH4 SEC 4 -4, 4 -36, and 4 -37 Remove unlawful wooden structure and provide humane confinement in accordance with Ordinance. Every dog must have a current tag and registration with Palm Beach County - provide proof. Proof of rabies vaccinations must be submitted. Liz Roehrich, Animal Cruelty Investigator, explained this is a fine certification for a Cease and Desist Order that was issued in 2013. She reviewed the Notice of Violation was April 16, 2013, for the above listed violations. The case was heard on June 19, 2013, and the Respondent appeared. The compliance date and fine was June 26, 2013, or $500 per occurrence. The dates of the occurrences were August 19, 2015 through October 4, 2015, having with 46 occurrence, two inspections and the Affidavit filing fee together totaling $23,442.06. There was a fine certification held at the August Code meeting with no compliance. Officer Roehrich had proof they were in compliance as of yesterday. There are five dogs on the property and they all have current licenses and rabies vaccinations. She wanted to communicate other outstanding violations and spoke with Mr. Bennett, Ms. Hickman's husband, and Ms. Hickman told him to stop speaking with her and she ordered her off the property. Officer Roehrich requested they certify the fine for the violations they know existed between the dates she had mentioned and had a photograph. Officer Roehrich had documentation that since July 2011, there were 26 or 27 dogs, 21 of which had come and gone from the property. It was not dog ownership, it was a kennel operation. The 21 dogs did not include the five dogs involved in this issue. Ms. Ellis requested confirmation, based on yesterday's inspection, they were in compliance with the rabies and license tags and learned they were. Part of the inspection is to measure the enclosures, Ms. Hickman told her she did not need to measure and Officer Roehrich left and notified Ms. Hickman's attorney of such. Officer Roehrich commented she advised them she would pursue a new Cease and Desist Order if some of the kennels were not removed. Officer Roehrich had photographs of the kennel and Officer Roehrich clarified the wood structures were removed, but more 4 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida Oc 2 1, 2 015 kennels were erected. The Board Order was specific to the manner of keeping, rabies vaccinations, license and tags, but there were still outstanding violations, just not in the Board Order. Ms. Ellis inquired if there were kennel requirements and learned the City of Boynton Beach limits kennel space to a total of 150 square feet. Individuals also have to comply with County Ordinances which require 80 square feet per dog which means someone could have two, 80 -foot kennels on the property. Ms. Ellis noted violations were documented since 2013. Officer Roehrich advised she was involved prior to that. Since July 2011, 26 dogs have been at the location and 21 were gone. Officer Roehrich assumed there may have been more dogs. Part of the confusion was Ms. Hickman contacting Palm Beach County. Ms. Hickman refused to make contact with Officer Roehrich and she clarified she handles enforcement. She had copies of the applicable Ordinances and Florida Statutes. Ms. Ellis inquired if there were other cases pending on the property. Officer Roehrich responded there had been a court case when she issued citations to Mr. Bennett and that hearing was held the afternoon of the last Code Compliance hearing. The citations were contested and Mr. Bennett was found guilty but there was no compliance after that. When a citation is issued and disposed of, they are ordered to pay. There were two simultaneous violations. Mr. Bennett owns the dogs and the violations were occurring on Hickman's property. She advised residents can have 10 dogs, but cannot have 10 kennels. The County Ordinance is for dogs living their entire life outside. Rabies vaccinations and tags are a basic part of ownership. Ms. Ellis viewed photographs submitted by Officer Roehrich. Ms. Hickman confirmed the photographs were of her property. Ms. Ellis inquired if the kennels under City code. Officer Roehrich responded they were not. Officer Roehrich responded they were not cited because yesterday was the first time she was on the property. There are five kennels there, and Ms. Hickman cannot have a kennel operation in a residential area Ryan Shipp, on behalf of Ms. Hickman, responded much of the information was outside of the scope of the case. They were present to address the license and vaccination issue and a wooden structure. There had been a wooden structure on the property since 2013, and they have been in compliance for two years. In regard to the license and rabies vaccinations, Ms. Hickman called Animal Control and whether she was misinformed or not, she was told the puppies had to be licensed and vaccinated at six months. They were licensed and vaccinated at five months, and it is their position she is in compliance with the Ordinance. He thought having a $23K lien on her property for not having dogs licensed and vaccinated was outrageous. He requested the lien not be certified. Ms. Ellis commented this kind of hearing is not as formal as a court of law and she has discretion what is relevant. She considers all of the history relevant. Ms. Ellis had to rule on the 46 occurrences between August 19 and October 4. She explained when a 5 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida October 2 1, 2 015 Cease and Desist Order is issued, if there is an occurrence, even though the person complied the day before the hearing, there is still a violation and a fine. Mr. Shipp explained there was a different set of dogs and Ms. Hickman felt targeted. She wants to do what she can to comply and move on, and he questioned the $23,000 lien. Ms. Ellis explained the issue was ongoing and if Ms. Hickman feels targeted, there has to be more of an effort to comply. There were ongoing issues at the home for many years. Mr. Shipp acknowledged there is some friction between Ms. Hickman and Officer Roehrich, and thought they could set up a meeting for another day. Decision Ms. Ellis certified the lien because the issue was ongoing, and explained Ms. Hickman could come back and request a lien reduction. She could make application and prove compliance in order for Ms. Ellis to erase or reduce the amount. In addition to certifying the lien, Ms. Hickman is to provide the City with an inventory of all the dogs that come and go on the premises until October 21, 2016, as well as the status of their vaccinations. Case No. 15 -390 Michael & Jim Guilbeault Property Address: 2201 S. Federal Highway Violation(s): BBA FBC 2010 ED 105.1 LDR CH4 ART11 SEC 4 A.13 LDR CH3 ART III, SEC 4 CO CH10 SEC 10 -56 A, B, D, E, and G CO CH10 SEC10 -59 A and D Apply for new site plan or maintain plan on file for landscape and parking lot, missing hat racked trees, parking stops. Trash and debris in parking lot, missing /dead hedge material along west wall, overgrowth, trash and debris in hedge along west wall, trash and debris in dumpster enclosure, replace rotted soffit and all wood trim, broken soffit screens, plumbing pipe on north side of the building, repair all holes on exterior of building, remove /cap all open electric on exterior of building, replace missing hedge materials along sides of building, sod bare areas around building, repair irrigation system, mulch all flower beds, 6 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida Octobe 21, 2015 paint sign post along Federal Highway, open electric near sign post, replace irrigation pump, partial address on front of the building, replace missing /broken windows, repair roof drains, repair replace front door and door frame, missing parking lot lighter, all exterior doors, including door for electrical room must work as intended. Ms. Springer explained this was a certification of lien for a Stipulated Settlement Agreement between the City and Mr. Guilbeault and he did not comply by the date in the agreement. Ms. Ellis reviewed the agreement before hearing the case. Ms. Springer explained the Agreement was signed March 18, 2015, giving the Respondents 180 days to comply, by September 25, 2015. The property was inspected on September 28 and was found to be in violation. Under the terms of the agreement, if they had not complied by the date, a lien is placed on the property retroactive to the date of the signing and fines will accrue until compliance. Once corrected, Mr. Guilbeault can go through the regular lien reduction process and have the lien reduced. Ms. Springer had pictures. Andrew Mack, Director of Development and City Engineer, had been working with Mr. Guilbeault since they purchased a distressed property to redevelop into a restaurant. An issue arose through no fault of Mr. Guilbeault, which caused a delay. Since the issue was addressed, he was working diligently to renovate the building. Permits were issued for demolition and for the reconstruction of the restaurant. Ms. Ellis inquired how long until he would come into compliance. Mr. Mack explained on issuance of a permit, they have 180 days to complete the project and have an approved inspection. He thought 90 days. The landscaped portion was the most critical James Guilbeault, the property owner, explained this is a catch 22 situation. There is a $1.8 million loan secured for the building, but the bank does release financing until the building permit is issued. Until they get the permit, the bulk of the financing cannot be disbursed to develop the property. He hoped they would receive the building permit from the City later in the day or the next day. It was a very blighted project that was vacant for eight years. They do not need more fines. They had hoped to be running by August, and now they were hoping by Christmas. They removed all the blight from property and it should be completed within 60 days. When finished, it would be a model property in Boynton Beach. 7 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida Octobe 2 1, 2015 Decision Based on the testimony, Ms. Ellis tabled the case to the next month and would review its progress. Ms. Springer explained according to the agreement, there are no extensions or extenuating circumstances. She had to certify the fine today, but in the future the fine could be reduced. Ms. Ellis inquired if the lien would affect the financing. Mr. Guilbeault did not know, but noted there is a minimum $690 administrative fee to revisit the lien. Of the $1.8 million loan $875,000 was released and $800,000 was to purchase the property. There was $75,000 in working capital for demolition. Until the permit is issued, the rest of the money will not be released. Those funds would also be used for the landscaping. He understood they signed an agreement, but it was a work in progress. Ms. Springer explained there is another similar case on the agenda that also did not come into compliance, and they are present for a lien reduction. Ms. Ellis advised since there is an existing agreement, she had to honor a valid contract. Mr. Guilbeault advised the original contract was with a corporation that does not exist, and they repurchased the building back in August. The original contract was signed by Culinary Solutions LLC that was bought out in August, which was part of the delay. The individuals who signed the agreement are not the owners any more. Ms. Ellis explained when they purchased the property they inherited the agreement. Mr. Guilbeault noted there were 21 violations and 19 were corrected. Mr. Mack commented Mr. Guilbeault owns other businesses and is a very valuable resident. He is involved in the project, and when it comes up for lien reduction, he would hope it would be reduced as minimally as possible. Ms. Ellis commented had there been language extensions could be granted on negotiation of the parties she could have granted one. Mr. Mack explained they may look at adding language when they review the conditional lien waiver program, which is a pilot program. Decision Ms. Ellis certified the lien and when Mr. Guilbeault comes back she would most likely eliminated it at lien reduction. Case No. 15- 791/795 Yachtsman's Properties LLC 1550/1600 N. Federal Hwy. Ms. Springer explained the case originated on April 27, 2015. The Code violations for 1550 N. Federal Highway were: 8 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida October 21, 2015 MOMMOMMEM • Remove all non- conforming signs that do not meet the aesthetics of the building; • The site plan does not meet the minimum landscaped irrigation standards; • Boynton Beach Rehabilitation Center operating without a current Business Tax Receipt; • Pressure clean the walkway; • Repair the dumpster enclosure; • Remove debris from inside and around the dumpster; • Boynton Beach Rehab Center has Fire /Rescue amount due of $150 for an annual fire inspection fee; • Owner or designated agent/occupant of the property in which fire extinguishers are located shall be responsible for inspection, maintenance and recharging; and • The emergency lighting system shall be arranged to provide the required illumination automatically in the event of interruption of normal lighting. The Code violations for 1600 N. Federal Highway were: • Site not maintained according to the site plan; • Dumpster area on northeast corner needs a pad and enclosure; • Pressure clean all mold on walks; • Repair the stop sign at the exit on Federal Highway; and • Remove trash and debris on the property. The compliance date proposed for the Stipulated Agreement was June 29, 2015, or a fine of $200 a day would be imposed thereafter. On June 30 there were violations remaining. The lien was certified on July 15, 2015 and the compliance date was October 14, 2015. There were 106 days of non - compliance at $200 a day for a total lien amount of $21,200 for both properties. Ms. Springer explained Yachtsman's Properties LLC has two separate cases, but when they signed the agreement, both properties were included. Ms. Springer clarified staff started a case for each property because Ms. Springer believed Yachtsman's Properties would be fined twice. She pointed out when Ms. Ellis certified the lien for $200 a day, it encompassed both cases. The compliance date of October 14, 2015 was the date the City received the bond for the dumpster enclosures. The Respondent was trying to obtain tenants since the building was renovated, but could not get a Business Tax Receipt or Certificate of Use until the lien was addressed. The property was a strip mall with many bays. Attorney Jason Evans, representing Yachtsman's Properties, was present with Scott Maslin, a managing member of Yachtsman's Properties at 1550 and 1600 N. Federal Highway. Mr. Evans explained they purchased the property on January 6, 2015. When they purchased the property there was already an agreement in place with the former owner who left the property in grave disrepair and the tenants caused a lot of problems. 9 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida O 21, 201 Mr. Maslin noted the Stipulated Settlement Agreement did not permit extensions. When Mr. Maslin's team took over, they had slightly less than six months to address all the issues including a new roof, a repaved and restriped parking lot and surrounding perimeter. They painted the building, demolished and repaired 36 interior bays and installed new lighting and signs. This took a lot of time and Mr. Maslin's team pushed forward; however, they had difficult tenants that did not want to leave. When Mr. Maslin purchased the property, he was lenient with them and gave them time to find another location and gave rent concessions which proved to be costly. He had to evict them. The last tenant was evicted in May 2015. The tenants destroyed the new roof, paving and the paint job and they demolished the inside of the property. There was also a lot of criminal conduct at the premises. Photographs of the new roof they installed for over $100,000 and photos taken the next day showed someone ripped their air conditioning unit out, dragged it across the roof causing significant damage. The new asphalt parking lot they installed had tire tracks, skid marks and paint dumped on it. Throughout all this time Mr. Maslin communicated with the City regarding all Police and Planning and Zoning matters and paid over $580,000 to improve the property. He planned to bring in more suitable tenants that would be vetted by his team. Mr. Maslin explained his bank hired an independent third party consultant to manage the cash flow and payments to third -party contractors. Copies of the checks paid were included as was a listing of the amounts intended to be spent over the duration of the project. Mr. Evans had all the contracts to match the checks for the work completed and mentioned they had $243,507 more committed to finish the project. They spoke to representatives from the City and advised them of what was occurring and of the revised timeline due to what had occurred. Mr. Maslin commented there was an extortion attempt from a community member that was out on bail on another extortion issue. Mr. Maslin named the individual and advised the person was recently in the news. He had emails from him corroborating the extortion attempts which Ms. Ellis viewed. Mr. Maslin commented he took one of the biggest eyesores in the community that was an epicenter for guns, prostitution, drugs and violence, and through their redevelopment efforts, reduced the crime rate to almost zero. Mr. Evans explained the agreement was binding although it was signed by someone else and he asserted that any owner that would have purchased and improved the property would not have been able to complete the work in that short amount of time. Mr. Maslin went beyond the Code. Once completed, the property will be a benefit to the community. 10 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida October 21, 2015 There were only two issues they could stipulate to from all of the violations detailed in the agreement which was landscaping and the dumpster. Mr. Maslin explained there was landscaping installed, but the contractor did not follow the correct planning and permitting procedures resulting in the wrong landscaping being planted. The other issue was extreme dumping with actual unassembled roofs dumped in the back of the plaza. They felt they could not make the repairs with what was already taking place. They met with the City; everyone was on the same page, and they have a plan to expeditiously replace the dumpster enclosures. Ms. Springer agreed they were the only two items that did not comply, but the City Manager agreed to go forward with lien reductions due to the bond and the action plan for the landscaping submitted to the City. Decision Based on all of the testimony and detailed presentation, Ms. Ellis reduced the lien of $21,200 to $2,500. Case No. 15 -357 Yachtsman's Properties LLC 1600 N. Federal Highway Ms. Springer presented the case. The Notice of Violation was sent on February 11, 2015 regarding discharge by user, to the public sewer, of certain liquids or waste (grease or oil) is prohibited. The case was heard on March 18, 2015, and Jason Evans appeared. The case was tabled to April 15, 2015, and the Respondent was asked to provide documentation that the grease was removed. No one appeared for the April hearing and Ms. Ellis certified a fine of $10,000 for the irreparable damage. Ms. Springer included minutes from that hearing in the backup. Ms. Ellis inquired why no one appeared and Mr. Evans responded he did not get notice of the second hearing and he would have appeared. He explained the issue was already resolved before the second hearing. Mr. Evans pointed out pages 17 and 18 of his presentation showed they responded to retaliation from a tenant spilling oil down the drain by hiring a company that pumps and cleans the catch basin with a high velocity jet drainage line. Mr. Maslin explained there was a timeline in the presentation regarding the oil spill. The spill was an intentional act from a tenant they were in litigation with and they had a video. Ms. Ellis commented she had specifically requested information from them and the City environmentalist had submitted documentation. It was Mr. Maslin's understanding the information was sent to the City and Yachtsman's Properties complied. Mr. Evans thought the Code Officer should testify. Officer Hart explained he spoke with Mr. Maslin who did say, via phone, that it was addressed, but he did not get documentation by mail or email about it prior to the second hearing or thereafter. Mr. Evans asked if Ms. Ellis could table the case to allow 11 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida October 21, 2015 them to provide documentation. They will pay the fine with the earlier case so he could obtain the Business Tax Receipt. He had tenants lined up. Mr. Evans thought this would have been better resolved if he had attended the hearing. Ms. Springer advised a letter was sent March 26, 2015 for the April 15 hearing. The green card was signed by "Rosado" at Yachtsman's Properties LLC. Ms. Springer explained if Mr. Evans appears on record, they do not to notify him because Mr. Evans was present as a representative. Ms. Ellis explained the invoice paid was to remedy the matter. She thought she would receive a professional report regarding the environmental impact and that it was remediated. Mr. Maslin responded they acted quickly to resolve the matter when they received the notice. If there was an ongoing issue with the oil spill and the environment, their cleaners and specialists would have taken further steps, and they did not. He also thought they would have received another violation to remediate what was found. Mr. Maslin advised this was not a large oil spill. It was someone dragging the cooking oil and pouring it onto the concrete with some of it finding its way into the drain. The drain was what their specialist cleaned up. Decision Ms. Ellis wanted something written from the specialist explaining what they did within five days. If Ms. Ellis received it, she would reduce the lien to $3,500; if not the fine would stand. Ms. Ellis advised the documentation must be done to the satisfaction of a professional. Mr. Maslin agreed to contact the company. Mr. Evans inquired if they could get a Business Tax Receipt issued once all was done. Ms. Springer explained they would have to wait for the minutes, but she spoke with Mr. Maslin and staff will fast track them. Case No. 15 -1830 Citimortgage Property Address: 633 Castilla 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. Trim overgrown yard and hedges, weed driveway and rock it. Repair all deteriorated soffits and replace, repair broken windows. Permit required. Officer Cain presented the case which arose from a citizen complaint. An initial inspection on August 10, 2015 revealed the above listed violations. The Notice of 12 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida Octobe 2 1, 2 0 1 5 Violation was sent on August 10, 2015 giving 10 days to correct the violations. Service was made by certified mail green card signed on September 11, 2015. The property was last inspected on October 20, 2015 and the violations remain. There were no safety hazards. Staff recommended a 15 -day compliance deadline of November 5, 2015, or a fine of $100 a day thereafter. Amina McNeil on behalf of Citimortgage, advised the property was sold at a foreclosure sale on September 16, 2015. The Certificate of Title was issued on October 7, 2015 to a third party that was not the bank or any of their beneficiaries. Ms. Ellis viewed a copy of the Certificate of Title so Code Compliance could contact them. Decision Ms. Ellis closed the case against Citimortgage. Case No. 15 -1834 Wells Fargo Bank Property Address: 219 SW 9 Avenue 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. Weed driveway. Install sod. Trim all hedges. Officer Cain presented the case which arose from a routine inspection. An initial inspection on August 10, 2015, revealed the above violations. Written notice was sent the same day giving 10 days to correct the violations by September 18, 2015. The property was last inspected on October 20, 2015. The Respondent was not a repeat violator and there were no safety hazards. Staff recommended a 30 -day compliance deadline of November 20, 2015, or a fine of $100 a day thereafter. Scott Modlin, Esq., representing the Respondent, agreed 30 days would be perfect. Ms. Ellis suggested pictures be taken with regard to weeding and sodding, using photographs to document compliance. Decision Ms. Ellis gave 30 days to comply by November 20, 2015 or a fine of $100 a day thereafter. Officer Cain confirmed the property was registered with the City. Case No. 15 -1803 Boynton Business Park, LLC Property Address: 1300 W. Industrial Avenue 13 Meeting Minutes Code /Lien Reduction Magistrate Hearings B oynton Beach, Florida October 21, 2015 Violation(s): CO CH13 SEC 13 -17 Inc. Obtain a Certificate of Use. Contact Business Tax Receipt Division to apply. Patrick Hart, Code Compliance Officer, presented the case which was a City department referral. An initial inspection on August 6, 2015, revealed the above violation. Written notice was sent the same day giving 30 days to correct the violation. The Respondent was not a repeat violator. Certified mail was sent September 14, 2015. The green card was signed September 21, 2015. The property was last inspected on October 20, 2015. Staff recommended a 30 -day compliance date of November 20, 2015, or a fine of $100 a day thereafter. Corey Tickner, the Respondent, advised the matter would be addressed by then. Decision Ms. Ellis ordered a 30 -day compliance date of November 20, 2015, or a fine of $100 a day. Case No. 15 -1864 Raymond & Lois Marcinkowski Trust Property Address: 510 W. Industrial Avenue Violation(s): CO CH 13 SEC 13 -7 Inc. Obtain a Certificate of Use. Contact Business Tax Receipt Division to apply. Officer Hart presented the case which arose from a routine inspection. The initial inspection on August 11, 2015 revealed the above listed violation. Written notice was sent the same day giving 30 days to correct the violation. Certified Mail was sent September 14, 2015. The green card was signed and dated September 21, 2015. The property was last inspected October 20, 2015. The Respondents are not repeat violators. Staff recommended a compliance deadline of November 20, 2015 or a fine of $100 a day thereafter. Raymond Marcinkowski, the Respondent, explained he applied for the Certificate of Use on April 10 and he had a cancelled check where he paid for it. Officer Hart said the system shows the application was still in review. Ms. Ellis inquired if he scheduled an inspection when he applied and Mr. Marcinkowski advised the City handles the inspection. When he received the notice he went to the Building Department and was told they would take care of it. Ms. Ellis reviewed the documents showing it was applied for and the cancelled check. Ms. Springer recommended he go to the Building Department and find out why they did not conduct the inspection and let them know he appeared at the meeting this morning. She explained Mr. Marcinkowski should schedule a date. 14 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida October 2 1, 2015 Decision Ms. Ellis tabled the case for 30 days. Case No. 15 -1914 Debborrah D. Washington Property Address: 1590 NW 1st Street Violation(s): CO CH15 SEC 15 -120 (D) INC Remove all materials stored outside and trash and debris. Officer Hart presented the case which arose from a routine inspection. An initial inspection on August 14, 2015, revealed the above violation. Written notice was sent the same day giving 10 days to correct the violations. Notice was posted on the property on September 28, 2015 and the property was last inspected on October 20, 2015. Staff recommended a 10 -day compliance deadline of October 31, 2015, or a fine of $100 a day thereafter. Officer Hart had photographs Ms. Ellis reviewed. The Respondent was not a repeat violator. Debborrah Washington, the Respondent, confirmed the photographs were of her property, but had no comments. Decision Ms. Ellis ordered a 10 -day compliance deadline of October 31, 2015 or a fine of $100 a day. Case No. 15 -1550 Ian Chin Property Address: 195 SE 27 Way Violation(s): CO CH13 SEC 13 -16 CO CH15 SEC 15 -120 (D) INC Sod and weed yard. Fix sprinklers. Obtain Business Tax Receipt for rental property. Officer Hart presented the case which arose from a routine inspection. An initial inspection on June 25, 2015 revealed the above violations. Written notice was sent the same day giving 30 days to correct the violations. Certified mail was sent September 1, 2015, and the green card was signed September 4, 2015. The property was last inspected on October 20, 2015. Officer Hart had pictures of the property and advised the Respondent was not a repeat violator. Staff recommended a 10 -day compliance deadline of October 31, 2015, or a fine of $150 a day thereafter. Officer Hart advised the situation with the grass had improved. 15 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida October 21 2015 Ian Chin, the Respondent, confirmed the pictures were of his property. He advised he filed for the Business Tax Receipt and was waiting for the inspection. Decision Ms. Ellis ordered a 10 -day compliance deadline of October 31, 2015, or a fine of $150 a day thereafter. Case No. 15 -1553 Marie M. Isma Property Address: 3240 SE 2nd Street Violation(s): CO CH15 SEC 15 -120 (D) INC Sod and weed swale. Repair /reseal the driveway. Officer Hart presented the case. An initial inspection on June 25, 2015, revealed the above listed violations. Written notice was sent the same day giving 30 days to correct the violation. Certified Mail was sent on September 26, 2015 and was signed, but not dated. The property was last inspected October 20, 2015. Staff recommended a 30 -day compliance deadline of November 20, 2015 or a fine of $150 a day thereafter. Officer Hart had pictures he showed to the Respondent and Ms. Ellis. The Respondent was not a repeat violator. Marie Isma, the Respondent, confirmed the pictures were of her property and that she would get the work done. Decision Ms. Ellis ordered the 30 -day compliance deadline of November 20, 2015, or a fine of $150 a day thereafter. Case No. 15 -1955 Michael Bastien Property Address: 141 NE 5 th Avenue Violation(s): CO CH 13 SEC 13 -16 CO CH 10 SEC 10 -56 (B) and (D) CO CH15 SEC 15 -120 (D) INC Remove outside storage and trash and debris from the carport and outside property area. Mow and trim property. Repair front door and wood fence. Apply for and pass inspection for Business Tax Receipt for rental property. 16 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida O ctober 2 1, 201 Jeff Shickles, Code Compliance Officer, presented the case which arose from a routine inspection. An initial inspection on August 24, 2015, revealed the above listed violations. Written notice was sent the same day giving 10 days to correct the violations. Service was made by certified mail green card signed on September 12, 2015. The Respondent is not a repeat violator. The property was mowed and the front door and wood fence were repaired. The property was last inspected on October 20, 2015. He recommended a 10 -day compliance deadline of October 31, 2015, or a fine of $100 a day thereafter. Officer Shickles spoke to the owner prior to the meeting who indicated he lives at the premises. Officer Shickles cited the property because it was not homesteaded. The water bill was also in his name. Michael Bastien's son served as translator for the Respondent, Mr. Bastien, who was present. Mr. Bastien had no comments. He was living on the property, with his son and his brother. No one else related to them was living at the premises. Mr. Bastien purchased the property in 2003. Ms. Ellis inquired why the property was not homesteaded and explained what a homestead exemption was. Mr. Bastien advised his father applied for a homestead exemption, but it does not appear on the County records. Ms. Ellis inquired if he understood he has to remove the outside storage, trash and debris from the carport and was advised Mr. Bastien understood. Ms. Ellis explained they need a Business Tax Receipt because the City was alleging the house was rented out and she needed evidence he lives in the house and that he was not receiving income from a tenant She requested receiving a copy of his driver's license and a utility bill such as a water or electric bill by 5 p.m. If it is received, the violation would be removed. Decision Ms. Ellis ordered a 10 -day compliance date for the trash and debris, by October 31, 2015, or a fine of $100 a day would be imposed. Later in the meeting, at 1:37 p.m. Ms. Ellis advised she received a copy of Mr. Bastien's driver's license, car registration and a utility bill. The Business Tax Receipt portion of the case was closed. Case No. 15 -1876 Amy C. Hoffman Zajic Property Address: 7086 Lawrence Road Violation(s): CO CH10 SEC 10 -52 LDR CH3 ART IV SEC 3 (C) Auto sales of any kind is prohibited in R- 1 zoning single - family residence exceeding two vehicles registered to the home owner in a 12 month period. 17 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida October 21, 2 015 Glenn Weixler, Code Compliance Officer, presented the case which arose from a routine inspection. An initial inspection on August 12, 2015 revealed the above listed violations. The Respondent was not a repeat violator. Written notice was sent the same day giving 10 days to correct the violations and service was obtained by posting the property on August 5, 2015. Officer Weixler had a picture of three different months that vehicles were on the property. Staff recommended a 10 -day compliance deadline of October 31, 2015 or a fine of $100 a day thereafter. He also requested a Cease and Desist Order, but advised they were currently in compliance. Ms. Ellis and the Respondent viewed the photographs. Amy Hoffman Zajic, the Respondent, advised a neighbor asked if he could park the cars there as he had ads on Craig's list. The property was 10 acres and there were five property owners. She agreed, but did not know it was a violation. The neighbor said he would stop, which occurred in August. Decision Ms. Ellis issued the Cease and Desist Order effective the next day. The Order specified this could not be done for three months. Then the Order would be lifted. If it happened again, there will be a $500 fine per occurrence. Case No. 15 -1438 US Bank National Assoc. Trust/OCWEN Property Address: 426 NE 26 Avenue Violation(s): CO CH 10 SEC 10 -56 (A) and (D) Secure all exterior doors and windows. Officer Weixler presented the case for fine certification and advised the Notice of Violation was sent June 17, 2015, for the above violation. The case was heard August 19, 2015, and no one appeared. The compliance date and fine was to comply by August 29, 2015, or a fine of $500 a day would be imposed thereafter. The property was last inspected on October 14, 2015 and the violations still exist having 52 days of non- compliance. The four inspections totalled $384.12. He had a photograph of a picture he showed to the Respondent and Ms. Ellis. Don Clemens, Contractor for Altisource, who maintains properties for the bank advised they were in the process of repairing all the windows. He rebuilt the jalousie windows and purchased screens, but did not know about the latch. The violation notice indicated it was not secured, but he screwed the door shut from the interior. Ms. Ellis inquired why no one appeared at the hearing and Mr. Clemens advised he was unaware of the hearing. He was not sure how long the Bank was the owner, but Altisource took possession of the property in September 2014. The total lien was 52 days of non- compliance at $500. Ms. Ellis advised the Bank has to do a better job. 18 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida October 21, 2 015 Decision Ms. Ellis certified the fine and explained there will be an opportunity to apply for a lien reduction, but given the history of the case and that no one appeared, this is a public safety issue. Mr. Clemens advised the picture of the broken window is in the utility room and there is no access to the house. Ms. Ellis advised they cannot have open structures which invite activities. Case No. 15 -2002 Liliang Yang & Xiu Juan Dong Property Address: 240 N. Congress Avenue Violation(s): CO CH26 ART VI SEC 26 CO CH26 ART VI SEC 26 Irreparable damage done by discharging oil and grease to the stormwater system. Cease and desist activity. Officer Shickles presented the case. The Notice of Violation was sent September 3, 2015, regarding discharge of oil and grease and a Cease and Desist Order was issued. Officer Shickles received a complaint from dispatch on September 3, 2015. An anonymous caller advised they kept seeing Kingdom Buffet dumping oil in the water drain. Officer Shickles contacted the City's environmental inspector and they visited the site. They confirmed it was occurring. Officer Shickles had photographs he showed to the Respondent and Ms. Ellis. There had been no communication to the Respondents to alleviate the matter. Officer Shickles requested the fine and Cease and Desist be certified. Hui Stanley Liu, a shareholder of the business, had a copy of an invoice from Raider Rooter, a sewer drain cleaning, grease trap and septic tank pumping company, for a customer request for maintenance. They pumped and cleared the storm drain behind the building, and cleaned out grease from the drain. There were no other issues at this time. City staff had not seen the document. Ms. Ellis needed further information and requested the City environmental inspector review the matter to ensure the service was adequate. Decision Ms. Ellis tabled the case to ensure the City finds this acceptable and requested they issue something in writing to ensure it is acceptable. Officer Shickles commented the environmental inspector had told him he was at the premises several times for the same issue. Ms. Ellis requested the environmentalist put it in writing. Ms. Ellis explained to Mr. Liu they cannot dump grease. Mr. Liu advised he spoke to the kitchen manager. They have the grease trap blue tank behind the restaurant to 19 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida Oct 21, 201 collect all the grease. Ms. Ellis advised Mr. Liu would have to come back next month, and she will receive a report or letter from the City and offer an opinion. Based on that, she may issue a fine. Case No. 12 -2425 Frederic & Michele Mance 9 Bentwater Circle Ms. Springer presented the case. The Notice of Violation was sent on December 19, 2012, regarding a permit needed for remodeling including replacing doors, windows and structural changes in the rear of the building. The case was heard February 20, 2013, and Frederic and Michele Mance appeared. The compliance date set was May 21, 2015, or a fine of $100 a day thereafter. The violations were corrected on December 5, 2013, accruing a fine of $19,700 and administrative costs of $922.21. This case came from the Building Department on December 6, 2012. The owner was issued a stop work order. Ms. Springer was contacted March 20, 2014 for a lien reduction inspection, but trees needed to be trimmed, there was trash and debris, they had to sod bare areas, address outside storage and paint the house. She was contacted again in August 2015 and they needed to install four -inch house numbers on the home. There were torn window screens, outside storage and horticultural debris. They were eligible on August 25, 2015, for the lien reduction. Frederic Mance, the Respondent, commented he obtained the property through a short sale. The property was in disrepair and they were making repairs and did not know he needed a permit for the windows. They stopped work, got the permit and came to inspect and they noticed the den which used to be a porch. When they purchased the property, the den was already existing, but the Building Inspector said they put the den up. Staff tied it all together and would not issue the permit until the den was completed. It was a pre- existing condition. They purchased the property on March 12, 2015 only to have the den ripped out and rebuilt. He had to sell his truck to pay for the repairs. Due to the lien reduction hearing, they had to make the repairs faster than they could afford. They purchased the property for $135,000. Ms. Springer explained they appeared at every meeting except the last one. It was a very long process. They obtained the permit and the Building Department advised the had addressed the issues so they did not appear at the last hearing when the fine was certified. Decision Based on the testimony, Ms. Ellis reduced the lien to administrative costs of $922.21. 20 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boy nton Beach, Florida Octobe 21, 2015 Case No. 12 -1212 Big Sky Real Estate Investment LLC 1660 Renaissance Commons Blvd. 2323 Ms. Springer presented the case. The Notice of Violation was sent June 26, 2012 to pass inspection for a Business Tax Receipt. The case was heard December 19, 2012 and no one appeared. The compliance date and fine was January 13, 2013 or $100 a day fine. The violations were corrected on March 5, 2015, accruing a fine of $6,000 plus administrative fees of $730.15. Nothing needed to be done for lien reduction. The property was in total compliance. Anthony Polimeni, the owner of the LLC, bought the property in 2011. Mr. Polimeni owns the LLC, but it was previously owned by him and his father. In June 2012, his father died, and he did not know of the liens. Certified mail was sent to the father's office, but they stopped leasing the office after his death. When he applied for a mortgage, they learned of the lien. In early 2013, he hired Renaissance Management to manage the property. They sent him the bills for the Business Tax Receipt in 2013 and he paid them. The property was rented. Decision Based on the testimony, Ms. Ellis reduced the lien to $1,000 plus $730.15. Case No. 14 -1012 Colfin Al FL 3 LLC 91 Las Brisas Ms. Springer presented the case. The Notice of Violation was sent April 25, 2014 for a Business Tax Receipt needed for rental property. The case was heard June 18, 2014 and Carmen Bengochea appeared. The compliance date and fine was August 23, 2015 or a fine of $100 a day thereafter. The violations were corrected on May 21, 2015 accruing a fine of $29,100 and administrative fees of $634.12. Ms. Springer was contacted in April for lien reduction, but they did not pass the Business Tax Receipt inspection because of the lack of smoke detectors in the bedrooms and they had to pay a water bill. Then they learned an air conditioning permit was needed. The water bill was paid and the Business Tax Receipt was renewed. They were eligible for lien reduction as of September 24, 2015. Melissa Tom, Colony American Homes Project Manager, commented they worked with the City, and had several different vendors involved with the home, which was occupied. The issue arose when the resident would not let the inspector enter the premises. When they gained access, they found additional items, so it took longer to comply. 21 Meeting Minutes Code /Lien Reduction Magistrate Hearings B oynton Beach, Florida O ct o ber 2 1, 201 Decision Based on the testimony, Ms. Ellis reduced the lien to $3,000 plus the $634.12 in administrative fees. Case No. 10 -3128 JP Morgan Chase National Assoc. 2370 NW 2 " d Street Ms. Springer presented the case. The Notice of Violation was sent October 21, 2010 regarding registration of a foreclosed property. The case was heard January 11, 2010 and no one appeared. The compliance date and fine was January 29, 2011 or $50 a day. The violations were corrected on August 23, 2013 accruing a fine of $46,800 and administrative fees of $634.12. Ms. Springer was contacted in 2013 by a realtor about the property and she sent a list of violations that needed to be corrected. She was not contacted again until March 2014. She resent the list which included replacing missing windows screens, replace the air conditioning compressor, repair the sprinkler system, weed and repair the driveway and fence, replace the fascia and obtain permits for newly installed doors and windows. The property was inspected in April and they needed to sod bare areas of the yard, repair the driveway, there was an inoperable vehicle on the property and there was an outstanding water bill. An inspection in September showed the property was eligible for lien reduction inspection. Chrismane Alexandre, the property owner, bought the home from the Bank in 2014. The realtor who helped Mr. Alexandre with the paperwork explained he purchased the home which had to be gutted and he was unaware he needed permits. When Mr. Alexandre received the letter from the City he contacted him and was advised to obtain the permit. He hired an architect, made the improvements and complied. Mr. Alexandre paid $48,000 and the approximate market value was about $140,000. Decision Based on the testimony, Ms. Ellis reduced the lien to $4,600 plus administrative fees of $634.12. Ms. Springer explained the following two cases are for the same property, but have two separate liens. Case No. 12 -1224 Andre J. Jean 201 NW 16 Avenue Ms. Springer presented the case. The Notice of Violation was sent on June 28, 2012 regarding dogs must be humanely secured to the owners property at all times or on a leash when off the owner's property. Each dog must have a current tag and registration with Palm Beach County and proof of rabies vaccination must be submitted. The case 22 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida O ct o ber 2 1, 2 was heard on August 15, 2012, and Patrick Jean, the property owner's son appeared. The compliance date and fine was a Cease and Desist Order on August 22, 2012 or $250 per occurrence. There were three separate liens filed. There were 39 occurrences for the first lien totaling $9,750; one occurrence in December 2013 for $250 and another occurrence on March 21 st for $250, totaling $10,250 for the three liens and affidavit filing costs of $750. Ms. Springer was contacted in July for a lien reduction inspection and the Respondent had to repair or replace ripped window and soffit screens, remove outside storage, trash and debris, repair broken windows, replace rotted fascia in the back of the house and finish painting the rear of the home. The property was re- inspected in August and they needed soffit screens and to remove outside storage. It was eligible for lien reduction on September 8, 2015, and then Liz Roehrich, Animal Cruelty Officer, advised there was a dog on the property that did not have proof of license and vaccination. The property was re- inspected and they found a broken window and a washing machine discharging into the ground. The Respondent repaired the window, removed the washer and pipe and capped the pipe. A. Joseph Jean, the Respondent, commented it took some time but it got done. Decision Ms. Ellis reduced the lien to $2,000 plus $750 administrative costs. Case No 15 -92 Andrea J. Jean 201 NE 16 Avenue Ms. Springer presented the case. The Notice of Violation was sent January 12, 2015 to apply for and pass inspection for a Business Tax Receipt inspection, paint the home exterior, and obtain a permit for the newly installed fence. The case was heard March 18, 2015 and no one appeared. The compliance date and fine was April 17, 2015, or a fine of $200 a day would be imposed thereafter. The violations were corrected on June 29, 2015, accruing a fine of $14,400 and administrative costs of $634.12. Joseph Jean explained he had a permit when he first installed the fence, but it took time to get the permit and make the repairs. His son lives in the home and did not tell him about the violations. Had he known, he would have addressed it. He called the Code Officer to find out what had to be done. The mail was sent to 202 SE 6 th Street in Delay Beach. There was a signed green card for the prior case, but Mr. Jean explained for this case, they did not forward the mail to him. Decision Ms. Ellis reduced the lien to $1,440 plus the administrative fees of $634.12. 23 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida Octobe 2 1, 2 015 MOMMMOMMEM Case No. 13 -2174 US Bank National Association 2741 NW 1S Street Ms. Springer presented the case. The Notice of Violation was sent September 30, 2013, regarding a Business Tax Receipt Inspection, repair damaged concrete columns, mow and trim overgrown yard areas, and remove trash and debris. The case was heard November 20, 2013, and no one appeared. The compliance date and fine set by the Board was December 5, 2013, or a fine of $300 a day would be imposed thereafter. The violations were corrected on September 30, 2015, accruing a fine of $198,900 plus administrative fees of $734.15. Ms. Springer was contacted for a lien reduction inspection in August which revealed they had to sod the swale, remove or register the vehicle with no tag, repair the fence, install screens on the windows and obtain a Business Tax Receipt and Certificate of Use for a rental property. An inspection on August 24, 2015, revealed the windows and fence were installed without permits. They passed the Business Tax Receipt inspection on September 30, 2015, and the lien reduction inspection on October 1, 2015. Jacqueline Kuyk, Esq., representing the property owner, explained this was a foreclosure property. It was purchased in September 2014, and they did not have knowledge of the lien because it did not appear in the title search. The owner attempted to sell the properly and learned of the issue. There was a contract on the property. The Property Appraiser valued the property at $50,000. In 2014, the value was $47,000. The listing price was $175,000. Jacob Monde, the owner, purchased the property for $81,000. It was a distressed property and he invested a lot to repair it. The windows were installed before he took ownership and he did not know about the fence. He was renting the property and had to evict the tenants to make the repairs. The property is now vacant. They requested a reasonable reduction Decision Given the testimony, Ms. Ellis reduced the lien to $10,000 plus administrative fees of $730.15. Case No. 13 -575 Litha Milfort 504 NW 8 t " Street Ms. Springer presented the case. The Notice of Violation was sent on March 29, 2013 for outside storage, tires, mattresses, bedframes, broken glass, remove trash and debris and others. The Respondent was to mow the grass and trim bushes and hedges including the rear swale area. The case was heard on May 15, 2013, and Litha Milfort appeared. The compliance date and fine was May 30, 2013, or a fine of $100 a day thereafter. The violations were corrected on September 21, 2015, accruing a fine of $84,300 plus administrative fees of $634.12. To be eligible for lien reduction they had to repair the driveway and pay an outstanding water bill.. 24 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida October 21, 2 0 1 5 Jacob Monde, the current owner, purchased the property from the bank as a foreclosure. Ms. Milfort was the prior owner before the bank took possession. The title search did not show the violation and when he became aware of the lien, he contacted Ms. Springer. He paid $112,000 and he was trying to refinance. The assessed value is $113,000, and the property is now rented. Decision Ms. Ellis reduced the lien to $5,000 plus $634.12 in administrative fees. Case No. 14 -5 A Fresh Start LLC 2830 SW 5 Street Ms. Springer presented the case. The Notice of Violation was sent January 2, 2014 for a Business Tax Receipt needed for a rental property. The case was heard on April 16, 2014 and no one appeared. The compliance date and fine was April 26, 2014, or a fine of $50 a day. The violations were corrected on September 4, 2015, accruing a fine of $24,750 and administrative costs of $634.12. Ms. Springer was contacted in September and the Respondent needed to trim the overgrown yard and hedges, weed the driveway, secure the pool and house, repair the soffits, remove trash and debris and repair the door on the rear porch. The property was re- inspected and sod in the front and side was needed and the pool seal was not secured. It also needed a self - latching gate. The owner met with the Code Officer who explained how to correct the gate. The property was re- inspected on September 14, 2015 and it was eligible for lien reduction. Stephen Carroll, A Fresh Start, and Rob Burkhardt, the property owner, advised the property transfer was made in September of this year. Mr. Carroll explained he obtained the property to rent to a family friend while they were in school in Florida. The address on the Property Appraiser's site was incorrect and they did not know about the Business Tax Receipt. He also had to install a new flat roof and air conditioner on the home. He finally sold the property and moved on. The property sold for $240,000 and he purchased the property for $215. He sodded the lawn and wants to do a lot of work on the home as he wants to live there. Ms. Springer advised the owner of A Fresh Start did appear at some point and explained the mailing address was incorrect. Ms. Springer agreed the address was incorrect. They certified the fine and they had posted the property. Decision Ms. Ellis reduced the lien to $1,000 plus $634.12 for administrative fees. 25 Meeting Minutes Code /Lien Reduction Magistrate Hearings B oynton Beach, Florida Octobe 2 1, 201 Case No. 14 -1736 SFRH Rental LP 2511 SE 2 nd Street Ms. Springer presented the case. The Notice of Violation was sent on July 25, 2014. The case was heard on January 21, 2015, and no one appeared. The compliance date and fine was January 31, 2015 or $100 a day thereafter. The violations were corrected on September 15, 2015, accruing a fine of $22,600 plus $634.12 in administrative costs. A lien reduction inspection on September 18, 2015 revealed the Respondent had to repair the fascia board in the front, paint the unit, mow the yard, remove outside storage, repair the screen door and pay a water bill. They were eligible for lien reduction on October 8, 2015. Leo Farias, representing the Respondent, explained the violation was from the prior owner. They purchased the property in April 2015 and received the Notice of Violation on June 19, 2015. It took until September 19, 2015 to make all the repairs. Decision Based on the testimony, Ms. Ellis reduced the fine to $2,000 plus $634.12 for administrative fees. Ms. Springer called the roll as individuals came in late. Officer Cain advised Case Nos 15 -1415, 15 -1677 and 15 -1765 complied. Case No 15- 783 complied with "No Fine." Officer Cain advised Case No. 15 -1580 should be tabled for 60 days. Decision Ms. Ellis tabled the case for 60 days, to December 16, 2015. Case No. 15 -1760 Mr. Rodriguez Enterprises Inc. Out of Bound Barber Shop Property Address: 2174 NE 3 rd Street Violation(s): LDR CH4 ART IV SEC 2 Out of Bound Barber Shop installed sign without approval or permit. Officer Cain presented the case which arose from a citizen complaint. An initial inspection on July 31, 2015, revealed the above violation. Written notice was sent the same day giving 10 days to correct the violation. The Respondent was not a repeat violator. Service was by personal service. The property was last inspected on October 19, 2015. There were no safety hazards and staff recommended a 10 -day compliance date of October 31, 2015, or a fine of $100 a day thereafter. 26 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida Octob 21, 2 015 Alexandra Dunn, the shop owner, was present and advised she took the sign down until she could get the permit paperwork going. Decision Ms. Ellis closed the case. Case No. 15 -1757 Charite & Paul Louisdort Property Address: 115 SW 9 Avenue Violation(s): CO CH15 -120 (D) INC CO CH 15-120 (B) 2 INC CO CH10 SEC 10 -56 (B) Weed and rock swale. Remove outside storage from property including wood and trailer. Sod east side of driveway. Install minimum four -inch house numbers on building to be visible from the street. Officer Cain presented the case which arose from a routine inspection. An initial inspection on July 31, 2015 revealed the above violations. Written notice was sent the same day giving 15 days to correct the violations. The only outstanding items were the weeds and rocks in the swale area. The house numbers were installed. The Respondent was not a repeat violator. Service was obtained by a signed green card dated September 18, 2015. The property was last inspected October 20, 2015. There were no safety hazards on the property and staff recommended a 30 -day compliance date of November 20, 2015 or a fine of $100 a day thereafter. Charite Louisdort, the Respondent, requested a translator. Ms. Ellis advised next time she appears for a Code matter, she must bring her own interpreter. Officer Cain had photographs he showed to the Respondent. Officer Pierre served as translator and advised Ms. Louisdort understood the violations. Decision Ms. Ellis gave 30 days to address the weeds and rocks by November 20, 2015 or a fine of $100 a day would be imposed. Case No. 15 -1758 Pyrrhus Wigens Property Address: 117 SW 9 Avenue Violation(s): CO CH15 SEC 15 -120 (D) INC CO CH10 SEC 10 -56 (B) and (D) Mow overgrown yard. Install sod in yard, weed and rock swale area. Install 27 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida October 21, 2015 minimum four -inch house numbers on building to be visible from the street. Officer Cain presented the case. A routine inspection on July 31, 2015 revealed the above violations. Written notice was sent the same day giving 30 days to correct the violations. Service was made by a signed green card dated September 18, 2015. The property was last inspected October 20, 2015. There were no safety hazards and the Respondent was not a repeat violator. Staff recommended a 30 -day compliance date of November 20, 2015 or a fine of $100 a day thereafter. Pyrrhus Wigens, the Respondent, was present and advised he sodded the back yard. Officer Cain had photographs he showed to the Respondent and Ms. Ellis. Mr. Wigens confirmed the pictures were of his home. Decision Ms. Ellis gave 30 days to sod, weed and rock the swale area by November 20, 2015. The numbers had to be posted on the home by Friday. If not complied by Friday for the numbers or 30 days for the other violations, a fine of $100 a day would accrue. Case No. 15 -1172 Tina Rufan & Bin Liang Property Address: 114 NW 6 th Street Violation(s): CO CH13 SEC 13 -16 CO CH15 SEC 15 -120 (B) 21N CO CH15 SEC 15 -120 (D) INC CO CH 10 SEC 10 -52 Obtain Business Tax Receipt for rental property. Mow and trim including swale. Remove outside storage of car parts and all unregistered and inoperable vehicles from the property. Officer Shickles presented the case which arose from a routine inspection. The initial inspection on May 7, 2015, revealed the above listed violations. Written notice was sent May 7, 2015 giving 10 days to correct the violations. Service was obtained by the Certified Mail green card signed September 22, 2015. The property was last inspected on October 20, 2015. The Respondents were not repeat violators. Staff recommended a 10 -day compliance date of October 31, 2015 or a fine of $100 a day thereafter. Officer Shickles advised the Respondents mowed and trimmed the yard. The Business Tax Receipt was in review, but yesterday there were two cars on the property without tags which were a gold Malibu and a blue Buick with a temporary tag belonging to a Mercedes Benz. The outside storage was gone. 28 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida October 21, 2 0 1 5 Bing Laing, the Respondent, understood the violations and advised they were addressing them. They renewed the Business Tax Receipt and the property was maintained. Ms. Ellis advised they had to schedule an inspection with the City. The vehicles had to be removed. Decision Ms. Ellis gave 10 days to address the violations by October 31, 2015, or a fine of $100 a day fine would be imposed thereafter,. Case No. 15 -1628 Palmflo LLC Property Address: 340 NE 11 Avenue Violation(s): CO CH 13 SEC 13 -16 Obtain Business Tax Receipt for rental property. Officer Shickles presented the case. A routine inspection on July 9, 2015 revealed the above violation. Written notice was sent the same day giving 10 days to correct the violation. Service was obtained by a Certified Mail green card signed September 12, 2015. The property was last inspected on October 20, 2015. The Respondent was not a repeat violator. Staff recommended a 10 -day compliance date and a fine of $100 a day thereafter. Lisa Amar, the Respondent, explained they have to address a septic tank. They have an invoice from September 12, 2015, which they paid and the Health Department makes an inspection. She would call them to see if they could have a new inspection so they could close the Business Tax Receipt. It has taken months and she thought the septic review would take more than 10 days. She thought 30 days would be better. Decision Ms. Ellis gave 30 days to correct the violation, by November 20, 2015, or a fine of $100 a day would be imposed thereafter. Case No. 15 -1848 IH2 Property Florida LP 641 NW 9 th Court Officer Shickles presented the case which arose from a City Department referral. The initial inspection on August 11, 2015 revealed the above listed violation. Written notice was sent August 27, 2015 giving 10 days to address the violation. Service was obtained by a certified mail green card signed on September 21, 2015. The Respondent was a repeat violator. Staff recommended a 10 -day compliance date to correct the violations by October 31, 2015, or a fine of $200 a day be imposed thereafter. 29 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida October 21, 2015 William Overfeldt Jr., Construction Manager with IH2 Property, advised the property should comply within 10 days. Decision Ms. Ellis ordered a 10 -day compliance date of October 31, 2015 or a fine of $200 a day thereafter. Case No. 15 -1158 IH2 Property Florida Property Address: 1012 NW 7 th Street Violation(s): CO CH13 SEC 13 -16 CO CH 15 SEC 15 -120 (D) INC BBA FBC 2010 ED 105.1 Remove weeds and sod the grass. Obtain a Business Tax Receipt for rental property. Officer Weixler presented the case. An initial inspection on May 6, 2015, revealed the above violations. The case was heard on July 15, 2015 and no one appeared. The compliance date and fine was August 14, 2015, or $500 a day. The property was last inspected on October 20, 2015, and the violations still exist, having 67 days of non- compliance and accruing administrative fees of $634.12. William Overfeldt, Construction Manager for IH2 Property explained they took possession of the property in 2013 or 2014. He commented the last hearing notice was not processed by the company. They received the notice, but it was not sent to the right department. Ms. Ellis explained the City is requesting the fine be certified. Mr. Overfeldt advised the Business Tax Receipt was paid on August 3, 2015 and he had the receipt. Officer Weixler explained the sod violation exists and there was no Business Tax Receipt inspection. Decision Ms. Ellis certified the fine and advised he could apply for a lien reduction in the future. Case No.14 -1985 IH3 Property Florida LP 1818 NE 6 th Street Ms. Springer presented the case. The Notice of Violation was sent August 20, 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 was October 25, 2015, or $200 a day thereafter. The violations were corrected on July 24, 30 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida Oc 21, 2 015 2015 accruing a fine of $54,200 and administrative fees $634.12. The only thing that needed to be done was to pay outstanding 2013 property taxes. William Overfeldt, Construction Manager for IH3 Properties, explained the property was purchased at a short sale. They were unaware of the Business Tax Receipt requirements. When notified, they learned they could not apply for the Business Tax Receipt until the taxes were paid. They paid the taxes, had the Business Tax Receipt inspection, but there were scheduling issues with the resident which caused the delay. Decision Ms. Ellis reduced the lien to $7,500 plus $634.12 administrative fees. Ms. Springer announced to everyone involved with the lien reduction process, this was not the final amount. They need to obtain the minutes, it had to go before the City Commission to be approved and there is a seven -day approval period. After that, payment must be made in full within 90 days. Case No. 15 -1907 Lamar Nixon Property Address: 411 NE 2nd Street Violation(s): CO CH 10 SEC 10 -52 CO CH13 SEC 13 -16 CO CH15 SEC 15 -120 (D) INC Sod bare areas of lawn. Remove all unregistered / inoperable vehicles, outside storage from carport and rear of the property. Obtain a Business Tax Receipt for rental property. Officer Shickles presented the case. A routine inspection on August 13, 2015 revealed the above violations. Written notice was sent the same day giving 30 days to correct them. Service was obtained by posting the property and in City Hall on October 5, 2015. Mr. Daffin spoke with Officer Shickles about the vehicle when it was stickered and he indicated he was renting the property from Mr. Nixon and then said he was a family member. The property was last inspected on October 20, 2015. Staff recommended a 10 -day compliance deadline of October 31, 2015, or a fine of $200 a day thereafter. The Respondent was a repeat violator. Ms. Ellis inquired about the prior violations and learned they were same. Lamar Nixon, the Respondent, was present. Officer Shickles explained Mr. Nixon sodded and on Monday. There was a Ford Focus with an expired tag that was removed. Yesterday there was a Ford Explorer with an expired decal. In 2014, Mr. Nixon said he was not renting the property and that he lived 31 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida October 21, 2015 there, so he closed the case. Officer Shickles believed Mr. Nixon was currently renting. He may have applied for a rental exemption to show a family member is there. Mr. Nixon advised he lives at the premises and that Officer Shickles is sending the mail to his mother's address. He and his sons live in one side and his cousin lives in the other. Ms. Ellis requested copies of a utility bill. Ms. Ellis viewed paperwork from the Respondent showing he had a rental exemption application issued by the Development Department where he states a family member is living in the residence and the paper was notarized. Mr. Nixon only had to file the application which voids the Business Tax Receipt. Ms. Ellis noted the application states that Mr. Daffin is a family member. Based on the documentation, Ms. Ellis advised the Business Tax Receipt part of the case would be closed. Mr. Nixon advised he moved the vehicles and did everything he was told to do within the required time. Officer Shickles had pictures he showed to the Respondent and Ms. Ellis. Mr. Nixon agreed the photos were of his property. The vehicles were removed. He contented the photographs were of his backyard which is behind a wooden fence. He asserted Officer Shickles had to open the gate to take the pictures, which was not permissible. Mr. Nixon advised his friend saw Officer Shickles open the gate. The 2014 case was the same, but Mr. Nixon explained the supervisor at that time told him as long as it was screened behind the fence, it was okay. Officer Shickles explained under oath, the gate was open when he took the picture. Ms. Ellis explained the Code is specific it has to be outside storage, if it is enclosed, they typically do not site. She noted some items were taller than the fence. Mr. Nixon advised he would remove them and requested 30 days as he needed assistance from his friend. Decision Ms. Ellis ordered a 10 -day compliance date of October 31, 2015 and advised him to clear out the cars or a fine of $200 a day would be imposed. She explained the Business Tax Receipt portion of the case was closed. Case No. 15 -1260 10 Prop LLC Property Address: 746 W. Ocean Avenue Violation(s): BBA FBC 2010 ED 105.1 Permit required for garage conversion and aluminum carport as noted on the inspection report. 32 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida O ct o ber 21, 201 Officer Cain presented the case. The Notice of Violation was May 14, 2015. The case was heard on July 15, 2015, and the Respondent appeared. The compliance date and fine was July 30, 2015 or $100 a day. The violations still exist having 82 days of non- compliance and administrative fees of $730.15. Ms. Ellis reviewed she had tabled the case, but there was still no compliance. Officer Cain recommended tabling the case for another month. Newman Mathoi, authorized representative of 10 Prop LLC, was present and provided Ms. Ellis with a list of items he worked on, the history of their activities and status of the permit application. Decision Based on the recommendation of the City Ms. Ellis tabled the case for another month. Case No. 15 -1201 Laura J. Hover Property Address: 918 SW 28 Avenue Violation(s): CO CH15 SEC 15 -120 (D) INC Weed and mow overgrown yard. Weed driveway. Officer Pierre presented the case. The Notice of Violation was sent May 8, 2015, to correct the above violations. The case was heard on August 19, 2015 and no one appeared. The compliance date and fine was August 29, 2015, and $50 a day thereafter. The violations still exist. The property was last inspected October 13, 2015 having 52 days of non - compliance. The administrative fees were $634.12. A friend of the Respondent advised she could not get off of work. The property is vacant and she was trying to sell it. He advised she wrote a letter to deliver to the Magistrate. She has not been living in the house for over a year. He had pictures showing the violations were in compliance before the compliance deadline and it was still in compliance. They weeded the driveway. Ms. Ellis read the letter from the Respondent. Officer Pierre had photographs he showed to Ms. Hover's friend and Ms. Ellis. The friend confirmed the photos were of the subject property. Ms. Ellis noted the photograph showed the property was still overgrown, but was sympathetic to the circumstances Decision Ms. Ellis certified the fine and advised when remedied, Ms. Hover could apply for a lien reduction. The violations were still accruing. The property had to be mowed, and she needed to weed the driveway. She recommended when it was all addressed they call Officer Pierre so he could comply the case so the fine would stop running. 33 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida O ct o ber 21, 201 Case No. 14 -1186 St. Patrick Properties LLC 701 SW 15t Avenue Ms. Springer presented the case. The Notice of Violation was sent May 6, 2014 for violations pertaining to weeds, trash and debris, trimming Palm trees, and applying for a Business Tax Receipt for a rental property. The case was heard on January 17, 2014, and the compliance date and fine was October 2, 2014 or $100 a day thereafter. The violations were corrected on August 16, 2015, accruing a fine of $30,700 plus administrative fees of $634.12. Ms. Springer was contacted in July, but the property did not pass the Business Tax Receipt or Lien Reduction inspection. They had to remove overgrown Florida Holly, vines from the fence, trash and debris, mow the overgrown rear yard, sod the yard and swale and repair the deck in the front. The property was re- inspected on July 16, 2015. The Florida Holly and deck still remained outstanding. On August 6, 2015, all the violations were addressed and the Business Tax Receipt was issued. It was eligible for lien reduction at that time, but yesterday when the Officers went to the property to take pictures, the yard was overgrown. They mowed the property yesterday and it was eligible for the lien reduction. Vanessa Martinez, the Property Manager, explained she was only managing the property for seven months and did not know the details. They purchased the home February 13, 2015 and had a tenant. They were trying to sell the home and when Ms. Martinez received a history of the property from Ms. Springer, there was a violation from last May. Ms. Martinez was unsuccessful in her attempts to contact the tenant. The mother finally contacted Ms. Martinez to advise the tenant had died. When Ms. Martinez started as property manager, they moved offices in October 2014, and she did not receive notices. Decision Ms. Ellis reduced the lien to $3,000 plus administrative fees of $634.12. Case No. 09 -3390 Countrywide Home Loans 1613 NE 4 Street Ms. Springer presented the case. The Notice of Violation was sent October 23, 2009 regarding maintaining and registering a foreclosed property. The case was heard on December 16, 2009, and no one appeared. The compliance date and fine was December 26, 2009 or $250 a day thereafter. The violations were corrected on October 24, 2011, accruing a lien of $166,500 plus administrative fees of $634.12. They had to sod the yard, paint the house, install a front door with a permit, remove or repair the fence, repair the fascia and soffit on the north side of the house, replace missing window screens, remove trash and debris and pay an outstanding water bill and it was eligible for lien Reduction on September 14, 2015, 34 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida October 21, 2015 Harel Amir, on behalf of Bank of America, understood one violation was the failure to register a vacant property. He believed it was registered in 2009 and had a lengthy foreclosure process before final judgment was issued. The Certificate of Title was issued to his client on April 17, 2015. The work started when they obtained title to the property. He thought they were diligent in getting the work done. The home is under contract for about $67,000 pending the outcome of the hearing. Decision Based on the testimony, Ms. Ellis reduced the lien to $10,000 plus $634.12 in administrative fees. Ms. Ellis recessed the meeting for a short break at 9:93 p.m., and reconvened the meeting at 9:99 p.m. Case No. 15 -2007 Bernice Potter, Est. Property Address: 1641 NW 3 rd Lane Violation(s): CO CH2.5 SEC 2.5 - 12 +13 False Alarm invoice #3849 The above address is in violation of excessive false alarms. Pay all fines to avoid Special Magistrate. Officer Pierre presented the case. An initial inspection on September 9, 2015 revealed the above listed violation. Staff recommended a 10 -day compliance date of October 31, 2015 or a fine of $50 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -2105 Marlon Devall Property Address: 1501 Meadows Circle West Violation(s): CO CH2 SEC 2.5 SEC 2.5 -12 +13 False alarm invoice no. 16749 Valentin Marilyn. The above address is in violation of excessive false alarms. Pay all fines to avoid Special Magistrate. Officer Pierre presented the case as contained in the Notice of Violation. Staff recommended a 10 -day compliance deadline of October 31, 2015 or a fine of $50 a day thereafter.. 35 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida October 21, 2015 Decision Ms. Ellis ordered the staff recommendation Case No. 15 -1678 Daniel Elysee Property Address: 216 SW 8th Avenue Violation(s): CO CH15 SEC 15 -120 (D) INC Install sod in yard. Paint house and roof. Remove outside storage from property. Officer Cain presented the case as in the Notice of Violation. Staff recommended a 30- day compliance deadline of November 20, 2015 or a fine of $200 a day thereafter Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -1743 Venus Pierre -Louis Property Address: 104 SW 8 th Avenue Violation(s): BBA FBC 2010 ED 105.1 Permit needed to install hot water heater by a licensed contractor within 10 days. Renew Business Tax Receipt within 10 days. Repair driveway in 30 days. Install sod in yard and swale in 30 days. Repair broken windows in 30 days. Officer Cain presented the case as in the Notice of Violation and advised there were no safety hazards. Staff recommended a 30 -day compliance deadline of November 20, 2015, or a fine of $100 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -1759 Hazel Butler and Chris Freeman Property Address: 221 SW 8 th Avenue Violation(s): CO CH15 SEC 15 -120 (E) INC CO CH15 SEC 15 -120 (D) INC Install sod in yard wherever dead or bare spots occur. Repair broken window in front of the house. 36 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida Octobe 21, 201 Officer Cain presented the case as in the Notice of Violation. There were no health or safety issues at the location. Staff recommended a 30 -day compliance date of November 20, 2015, or a fine of $100 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -1818 Carrie M. Terranova - Women in Recovery Property Address: 127 SE 13 Avenue Violation(s): CO CH 13 SEC 13 -16 Apply for and pass inspection for a Business Tax Receipt for rental property. Tenant must apply for and pass inspection for Business Tax Receipt for adult congregate living facility. Officer Cain presented the case as in the Notice of Violation. There were no health or safety issues at the property. Staff recommended a 15 -day compliance deadline of November 5, 2015 or a fine of $100 a day thereafter.. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -1870 Patricia J. Hoffman Trust Property Address: 1305 S. Federal Highway Violation(s): LDR CH3 ART III SEC 4 LDR CH21 ART II SEC 3 LDR CH4 ART III SEC 11 CO CH 10 SEC 10 -56 (B) and (D) Repair all broken windows. Remove trash and debris from the property. Remove marque out front. Weed and repair parking lot and resurface it. Officer Cain presented the case as in the Notice of Violation. He noted there are several broken windows and the property is unsecured. Staff recommended a 15 -day compliance date of November 5, 2015 or a fine of $500 a day thereafter. 37 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida October 21, 2015 Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -1496 Leigh Lawrence & Joann Noel Property Address: 2319 N. Congress Avenue 15 Violation(s): CO CH 13 SEC 13 -16 Obtain Business Tax Receipt for rental property. Officer Hart presented the case as in the Notice of Violation. The Respondents were not repeat violators. Staff recommended a 30 -day compliance deadline of November 20, 2015 or a fine of $150 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -1574 Kenneth and Pearl Moore Property Address: 1690 NW 3 rd Lane Violation(s): CO CH15 SEC 15 -120 (D) INC Remove all materials stored outside and trash and debris. Remove all inoperable unregistered vehicles from the property. Officer Hart presented the case as in the Notice of Violation. The Respondents were not repeat violators. Staff recommended a 10 -day compliance deadline of October 31, 2015 or a fine of $100 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -1767 Jimmi and Lillian Reed Property Address: 191 NW 14 Court Violation(s): CO CH15 SEC 15 -120 (D) INC. CO CH10 SEC 10 -56 (B) and (D) Remove all unregistered /inoperable vehicles from the property. Place four - inch house numbers on the building to be visible from the street. Repair wood siding on detached accessory structure in the rear of the property or remove the 38 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida Octobe 21, 2015 structure. Contact Building Department to obtain proper permit. Officer Hart presented the case as in the Notice of Violation. The Respondents were not repeat violators. Staff recommended a 30 -day compliance deadline of November 20, 2015 or a fine of $100 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -1768 Encarnacion and Maria Figueroa Property Address: 1630 NW 3 rd Lane Violation(s): CO CH15 SEC 15 -120 (D) INC Sod all bare areas of the front yard void of grass. Officer Hart presented the case as in the Notice of Violation. The Respondents were not repeat violators. Staff recommended a 30 -day compliance deadline of November 20, 2015, or a fine of $100 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -1776 Bibi Alli Property Address: 405 NW 15 Avenue Violation(s): CO CH13 SEC 13 -16 CO CH15 SEC 15 -120 (D) INC CO CHI SEC 10 -56 (B) Obtain a Business Tax Receipt for rental property. Mow, weed and trim all overgrowth. Repair driveway /Parking area to remove potholes. Officer Hart presented the case as in the Notice of Violation. The Respondent was not a repeat violator. Staff recommended a 10 -day compliance deadline of October 31, 2015, or a fine of $200 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. 39 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida October 21, 2015 Case No. 1790 Aspen 1020 West Industrial LLC Property Address: 1040 W. Industrial Avenue Violation(s): CO CH13 SEC 13 -7 INC Obtain a Certificate of Use and Occupancy. Officer Hart presented the case as in the Notice of Violation. The Respondent was not a repeat violator. Staff recommended a 10 -day compliance deadline of October 31, 2015 or a fine of $100 thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -1792 Florida Investment and Trade LLC Property Address: 700 W. Industrial Avenue Violation(s): CO CH 13 SEC 13 -7 INC Obtain a Certificate of Use and Occupancy. Officer Hart presented the case as in the Notice of Violation. The Respondent was not a repeat violator. Staff recommended a 10 -day compliance deadline of October 31, 2015 or a fine of $100 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -1794 Aspen 1020 West Industrial LLC Property Address: 1020 W. Industrial Avenue Violation(s): CO CH13 SEC 13 -7 Obtain a Certificate of Use and Occupancy. Officer Hart presented the case as in the Notice of Violation. The Respondent was not a repeat violator. Staff recommended a 10 -day compliance deadline of October 31, 2015 or a fine of $100 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -1795 Lloyds of Boynton Beach Inc. Property Address: 314 W. Industrial Avenue 40 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida October 21, 2015 MMOMMMEM Violation(s): CO CH13 SEC 13 -7 OMC Obtain a Certificate of Use and Occupancy. Officer Hart presented the case as in the Notice of Violation. The Respondent was not a repeat violator. Staff recommended a 10 -day compliance deadline of October 31, 2015 or a fine of $100 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -1797 Michael & Mary Marshall Property Address: 606 W. Industrial Avenue Violation(s): CO CH13 SEC 13 -7 INC Obtain a Certificate of Use and Occupancy. Officer Hart presented the case as in the Notice of Violation. The Respondents were not repeat violators. Staff recommended a 10 -day compliance date of October 31, 2015 or a fine of $100 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -1798 Daniel Jacques Trust Property Address: 617 W. Industrial Avenue Violation(s): CO CH13 SEC 13 -7 INC Obtain a Certificate of Use and Occupancy. Officer Hart presented the case as in the Notice of Violation. The Respondent was not a repeat violator. Staff recommended a 10 -day compliance deadline of October 31, 2015, or a fine of $100 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -1874 Daniel Jacques Property Address: 628 W. Industrial Avenue Violation(s): CO CH13 SEC 13 -7 INC 41 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida October 21, 2015 Obtain a Certificate of Use and Occupancy. Business Tax Receipt Division advised if a vacant lot is being used for storage or debris dumping it needs a Certificate of Use. Officer Hart presented the case as in the Notice of Violation. The Respondent was not a repeat violator. Staff recommended a 10 -day compliance deadline of October 31, 2015 or a fine of $100 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -1473 Maria M. Medina Property Address: 618 SW 2 nd Avenue Violation(s): LDR CH3 ART V SEC 10 C Obtain a permit before operating a vending business on public or private property. Obtain a Business Tax Receipt. Officer Pierre presented the case as in the Notice of Violation. Staff recommended a 10- day compliance deadline of October 31, 2015, or a fine of $50 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -1947 Makenson Charles Property Address: 152 SE 30 Avenue Violation(s): CO CH15 SEC 15 -120 (D) INC Remove all debris from front and rear of the property. Sod bare spot in yard. Remove refrigerator from the property. Officer Pierre presented the case as in the Notice of Violation. Staff recommended a 10 day compliance deadline of October 31, 2015, or a fine of $100 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. 42 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida October 21, 2 0 1 5 Case No. 15 -1910 Rosena Estella Property Address: 514 NE 2 nd Street Violation(s): CO CH10 SEC 10 -52 CO CH 13 SEC 13 -16 CO Ch 15 SEC 15 -120 (D) INC Remove all unregistered and inoperable vehicles. Obtain a Business Tax Receipt for rental property. Mow and trim property. Remove outside storage, trash and debris. Officer Shickles presented the case as in the Notice of Violation. Staff recommended a 10 -day compliance deadline of October 31, 2015, or a fine of $100 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -1954 Michael K. Tam Property Address: 407 NW 7 th Street Violation(s): CO CHI SEC 10 -52 CO CH13 SEC 13 -16 CO CH15 SEC 15 -120 (D) INC Apply for and pass inspection for Business Tax Receipt. Sod bare areas of the lawn. Mow and trim property. Remove outside storage, trash and debris and unregistered and inoperable vehicles. Officer Shickles presented the case as in the Notice of Violation. Staff recommended a 10 -day compliance deadline of October 31, 2015, or a fine of $100 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -1846 Bobby and Kathryn Johnson Property Address: 31 Ocean Parkway Violation(s): CO CH 10 SEC 10 -52 CO CH15 SEC 15 -120 (D) INC Mow and trim all overgrowth on property. Remove all inoperable / unregistered vehicles from the property. 43 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida O 21, 201 Repair the chain link fence on east side of yard. Officer Weixler presented the case as contained in the Notice of Violation. The Respondents were not repeat violators. There were no health or safety issues at the property. Staff recommended a 30 -day compliance deadline of November 20, 2015, or a fine of $100 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -1919 John Virgil Property Address: 2880 NE 4 th Street Violation(s): CO CH10 SEC 10 -56 (A) and (B) Secure the back of the house. Large holes and broken windows need to be secured. Officer Weixler presented the case as contained in the Notice of Violation. The Respondent was a repeat violator and there were health and safety issues at the property. Staff recommended a 10 -day compliance deadline of October 31, 2015, or a fine of $1,000 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. Case No. 15 -1921 ILU Properties LLC Property Address: 3130 Orange Street Violation(s): CO CH13 SEC 13 -16 Obtain Business Tax Receipt for rental property. Officer Weixler presented the case as contained in the Notice of Violation. The Respondent was a repeat violator. There were no health or safety issues at the property. Staff recommended a 10 -day compliance deadline of October 31, 2015, or a fine of $200 a day thereafter. Decision Ms. Ellis ordered the staff recommendation. 44 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida Oc 21, 201 Case No. 15 -1646 MVP Homes LLC 1016 SW 28 Avenue Ms. Springer advised she needed approval to file a Stipulated Settlement Agreement between MVP homes, the buyer, the seller and the City. Ms. Ellis signed the Stipulated Settlement Agreement between the City, US Bank National and MVP Homes LLC with regard to the property located 1016 SW 28 Avenue, Boynton Beach, Florida, 33437. Officer Cain recommended No Fine for the following cases: Case No. Respondent Address 15 -1049 Carimene Barthe 229 SE 3 rd Avenue 15 -1015 Shumar Metellus 510 NE 26 Avenue 15 -1588 1708 NE 4 th St. LLC Regal Park Assisted Living Facility 1708 NE 4 th Street 15 -1063 Cerise & Lewis Meyers 655 Castilla Lane 15 -636 Edward Jerkins & Anarita Nozinor Est 1420 NW 1 St Court 15 -1641 Marlon Devall 1501 Meadows Circle W. 15 -554 Lakhmichand N. Kalra Trust Holder 3725 Diane Drive 15 -1020 Sunny Side in Florida IV LLC 100 SW 2n Avenue 14 -1420 Casa 2 B LLC 206 NW 5 th Avenue 15 -1421 Palm Beach County Housing Authority 610 NW 2nd Street 15 -1429 Marie Y. Augustin 652 SW 4 th Avenue 15 -1445 Palm Beach County Housing Authority 521 NW 9 Th Avenue 15 -1447 Palm Beach County Housing Authority 631 NW 5 th Street 15 -1450 Shay Angel 1203 NW 4 th Street 15 -1490 Annette and Stanley D. Hicks 315 NW 11 Avenue 15 -1499 DJV Development LLC 120 NE 13 Avenue 15 -1500 DJV Development LLC 124 NE 13 Avenue 15 -1009 Dupree Smith 2604 NE Td Street Decision Ms. Ellis ordered the aforementioned cases as "No Fine." Officer Cain recommended Case Nos. 15 -1058, 15 -1395 and 15 -585 be tabled to November 18, 2015: Decision Ms. Ellis tabled the aforementioned cases. Officer Cain recommended Case No. 14 -1289 be tabled for 60 days. 45 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boynton Beach, Florida O ctober 21, 201 Decision Ms. Ellis tabled the case for 60 days. Officer Cain 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 l 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 -497 Mildred Jeanne Cook 650 Snug Harbor Dr 106 $100 15 -1060 2013 B Property Owner LLC 110 S. Palm Dr. $150 15 -1008 Marie Island Louis Juste 238 SW 5" Ave. $1,000 15 -1418 Aldy Jean Jacques - Elite Recovery Resources LLC 413 SW 7 th Avenue $100 15 -1487 Sam Harris Jr. 1600 NW 1 St Court $100 15 -1204 Lasse and Kaija Luoto 1103 NW 7 th Court $150 15 -382 E &A Sunshine LLC - 1627 S. Federal Highway $100 Prime Communications LPME 15 -1376 Golfview Harbor Estates INC. 1445 SW 25 Place $100 15 -1488 TAH 2015 1 Borrower LLC 2511 SE 2 nd Street $100 15 -1302 Atlantic Shelter LLC 322 SW 1 St Street $100 15 -1394 Queen E. McClendon 119 NE 12 Avenue $100 15 -1402 Patricia J. McConnell 2401 SW 121 t Avenue $100 15 -1431 Bank of New York Mellon Trust 539 NW 13 Avenue $100 15 -1492 Earnestine Hatcher /Dora Jones 415 NW 9 th Avenue $100 15 -1055 Greenmount Management LLC 3164 Ocean Parkway $100 15 -1388 DYC Rental LLC 3185 E. Atlantic Drive $100 15 -1469 Flagstar Bank FSB 2627 NE 4 th Court $100 Decision Ms. Ellis approved the cases 46 Meeting Minutes Code /Lien Reduction Magistrate Hearings Boy nton Beach, Florida October 21, 2 0 1 5 Adjournment There being no further business to discuss, Ms. Ellis adjourned the meeting at 1:49 p.m. 0 0tiIA Catherine Cherry Minutes Specialist 102695 47