Loading...
Minutes 11-18-15 MINUTES OF THE CODE COMPLIANCE/LIEN REDUCTION HEARINGS HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, ON WEDNESDAY, NOVEMBER 18, 2015, AT 9 A.M. PRESENT: Carol Dutra Ellis, Special Magistrate Diane Springer, Code Compliance Coordinator I. Call To Order Carol Ellis, Special Magistrate , called the Hearings to order at 9:25 a.m. and explained her role and the hearing procedures. Pursuant to Florida Statute, all orders are appealable to the Circuit Court in Florida and not the City Commission. She explained a fine will be imposed if the violation(s) are not corrected by the deadline. II. Swearing in of Witnesses and Introduction Ms. Ellis administered an oath to all those intending to testify. III. Approval of September 16, 2015, Minutes with Corrections & October 21, 2015, Minutes Ms. Ellis approved the minutes with the corrections noted for the September 16, 2015, hearing as follows: Page 1 -- Under New Business -- Cases to be heard -- Tabled” should be “New”. Page 24 -- Case #14-1409 -- the compliance date should be 10/16/15 instead of 9/26/15. Pate 26 -- Case #15-1060 was read into the record as 15-1070. IV. Approval of Agenda Courtney Cain, Code Compliance Officer, announced the following changes to the agenda: Case Nos. 15-2155, 15-2165, 07647 were removed. Case Nos. 15-1779, 15-1826, 15-2303 complied. Case No. 15-2206 was tabled until December 16, 2015. Ms. Ellis approved the agenda. Ms. Springer called the roll and determined who was present. Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 18, 2015 V. New Business A. Cases to be Heard – Tabled B. Cases to be Heard – New Case No. 15-1966 Petrucci, Inc. st Property Address: 115 SW 1 Avenue Type of Property: Commercial Violation(s): LDR CH3 ART IV, 1 (G) Artificial lighting, which is used to illuminate any property shall be directed away from any residential use. Officer Cain presented the case, which arose from a citizen complaint. The initial inspection date was August 28, 2015. The initial notice was September 16, 2015, and the written notice sent the same day giving 14 days to comply. Service was received by green card and signed but not dated. It is not a repeat violator. The property was last inspected on November 16, 2015. Ms. Ellis reviewed the facts of the case. Mr. Cain said there was communication with the property owner; he had installed lower wattage bulbs, but the citizen was not satisfied. Louis Derisio, company owner , stated that the lights had been on the property since 1970 and the fixture points down, not across the street. He provided photographs of the fixture. They changed the bulb from 250w to 75w, but the resident was not satisfied. Ms. Ellis stated she would examine the requirement. Decision Ms. Ellis announced she would issue a written order within 30 days. Copies of the photographs were provided. Mr. Cain reported that he and the owner met with the City Building Department and learned that in order to correct the situation, the owner needs to have a photometric study done. Ms. Ellis requested a written report from the City Building Department. Case No. 15-1911 Dorothy Reeves st Property Address: 2070 NW 1 Street Type of Property: Single Family Home - homesteaded Violation(s): CO CH15 SECT 15-120 (B) INC 2 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 18, 2015 Please remove all inoperable, unregistered vehicles from property. Officer Hart presented the case. The initial inspection date was August 14, 2015. This is not a repeat violator. The initial notice was sent August 14, 2015, by a written notice, giving 10 days to comply. Proof of service was posted at the property and at City Hall on November 3, 2015, and was sent regular mail August 14, 2015. Officer Hart provided photographs of the property; Officer Hart said that Ms. Reeves said the vehicles had been removed. Staff recommended a 10-day compliance date of November 28, 2015, or a fine of $50 a day thereafter. Ms. Ellis reviewed the photos, which showed a vehicle on the property. Dorothy Reeves, property owner , said the vehicle in the photograph had been removed, but there is still one unregistered vehicle now on the property. Decision Ms. Ellis ordered the staff recommendation. Case No. 15-2020 Vernon Thompson, Jr. Trust st Location of Violation: 821 NE 1 Street Type of Property: Apartment Building Violation: CO CH15 SECT15-120 (D) and (E) INC CO CH15 ART 9 SECT 15-120 (B2) INC CO CH10 SECT 10-56 (D) and (H) CO CH10 SECT 10-60 (D) Sod all bare areas of lawn including swale area. Repair all broken windows, and all windows are required to have screens. Remove all outside storage and trash and debris. Install smoke detectors in every apartment. Apartment #1 needs kitchen cabinets repaired, front door sealed, and front windows repaired so they can stay open. Officer Shickles presented the case, which arose from a citizen complaint. The initial inspection date was September 11, 2015. This is a repeat violator. Initial notice was issued on September 11, 2015, by a written notice, giving 20 days to comply. Proof of service was posted on property and City Hall on November 5, 2015. The property was last inspected on November 17, 2015. Staff recommends 10 days with a compliance 3 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 18, 2015 date of November 28, 2015 or $4-59 $250 per day. Ms. EIIis reviewed the facts of the case. Officer Shickles reported that sod was installed in some places. Ricky Scott, son of Vernon Thompson, reported the cabinets and front windows will be repaired on November 19, 2015. Ms. EIIis reviewed the outstanding issues with him, advising that the smoke detectors have to be installed on November 19, 2015. The other items need to be in compliance in 10 days (November 28, 2015). She advised the property owner to work with the City to make sure all work is done to Code. Decision Ms. EIIis ordered the staff recommendation, with the exception of the smoke detectors, which will have to be installed on November 19, 2015, or a fine of $250 per day thereafter. Case No. 15 -2037 New York Community Bank Location of Violation: 124 NW 14 Avenue Type of Property: Single Family, non - homesteaded Violation: CO CH10 SECT 10 -51.5 INC Please register property and obtain a roof permit. Officer Shickles presented the case, which arose from a citizen complaint. The initial inspection date was July 24, 2015. This is not a repeat. violator. Initial notice was issued on September 12, 2015, giving 10 days to comply. Proof of service was a signed green card not dated. The property was last inspected on November 17, 2015. Staff recommended a 10 -day compliance date of November 28, 2015, or $100 a day. Ms. EIIis reviewed the facts of the case. Officer Shickles stated that the property was now registered; the roof permit is the only item needed. Officer Shickles clarified that if the owner applies for the permit in the 10 -day period, that would be satisfactory with the City. Sheree Edwards, attorney for New York Community Bank, stated the roof work was done but the contractor did not pull a permit. She provided photos of the completed work and copies of the invoices and stated they need additional time to get the permit. Decision Ms. EIIis ordered a 15 -day compliance date of December 3, 2015, or a fine of $100 a day thereafter. Case No. 15 -2174 Janel Nord Location of Violation: 206 NE 12 Avenue Type of property: Multi- family property 4 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 18, 2015 Violation CO CH10 SECT 10 -56 (A) and (B) CO CH10 SECT 10 -52 CO CH15 SECT 15 -120 (D) INC Remove all inoperable and unregistered vehicles. Remove outside storage and trash and debris. Sod all bare areas of lawn and resurface and re- stripe parking area. Officer Shickles presented the case, which was a routine inspection. The initial inspection date was October 1, 2015. This is not a repeat violator. Initial notice was issued on October 1, 2015, with 20 days to comply. Proof of service was posted on property and City Hall November 5, 2015. The property was last inspected on November 17, 2015. City recommends 10 days with a compliance date of November 28, 2015, or $100 a day. All violations are still outstanding except that the vehicles are now registered. Janel Nord, owner of the property, stated he needed more time to finish the cleaning and sodding because he just bought the property. Photographs were provided by Officer Shickles. Ms. Ellis thought all the work could be finished in 10 days, and she advised Mr. Nord to update the City on his progress. Decision Ms. Ellis ordered a 10 -day compliance date of November 28, 2015, or $100 a day fine thereafter. Case No. 15 -2202 Robert and Tanya Daniel Location of Violation: 227 NE 10 Avenue Type of property: Store /Office Residential Duplex Violation CO CH13 SECT 13 -16 CO CH10 SECT 10 -60 (B). CO CH10 SECT 10 -56 (D) CO CH15 SECT 15 -120 (D) INC LDR CH4 ART IV, SECT 2 Apply for and pass inspection for business tax receipt license for your rental property and have tenant Empire Barbershop also get a business tax receipt license to operate a business. Remove outside storage and trash and debris from carport. Repair broken windows. Remove un- permitted feather 5 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 18, 2015 banner and place shutters in the up position. Officer Shickles presented the case, which was a routine inspection. The initial inspection date was October 5, 2015. This is not a repeat violator. Initial notice was issued on October 5, 2015 with a written notice with 10 days to comply. Proof of service was a signed affidavit of service by Robert Daniel dated November 5, 2015. The property was last inspected on November 17, 2015. City recommends 10 days with a compliance date of November 28, 2015, or $100 per day. Ms. Ellis reviewed the facts of the case. All violations have been fixed, except Mr. Daniel is waiting on the business tax receipt from Empire Barbershop. The application has been filed. Robert Reed Daniel, owner of the property, stated he is waiting for a business license from the State of Florida (which may take 30 days), and the City informed him they need to see that license before issuing the business tax receipt. Mr. Daniel said the barbershop owner would have all applicable documentation. They have been operating the barbershop with the intent that the license be issued. Decision Given the verbal testimony and the fact that the respondent cannot control actions taken by the State, Ms. Ellis ordered a 30 -day compliance date of December 18, 2015, or $100 per day thereafter. Case No. 15 -2231 Emil E. and Belinda C. Gutwein Location of Violation: 916 NW 4 Street Type of property: Single family - homesteaded Violation CO CH13 SECT 13 -16 Apply for and pass inspection for a business tax receipt license for rental property and have a tenant clarity. Obtain a business tax receipt license to operate an adult congregate living facility. Officer Shickles presented the case, which was a City Department referral. The initial inspection date was October 9, 2015. This is not a repeat violator. Initial notice was issued on October 9, 2015, with 10 days to comply. Proof of service was a notice dated November 5, 2015, was posted on property and City Hall. The property was last inspected on November 17, 2015. City recommends 10 days with a compliance date of November 28, 2015, or $100 per day. Ms. Ellis reviewed the facts of the case. Officer Shickles reported that on November 17, 2015, there was evidence of someone living in the garage, so he was unable to issue the license. It will be cited for a different code violation, which prohibits them getting the license until that is cleared. 6 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 18, 2015 Emil Gutwein, owner of the property, said he had applied for the business license. He said a family member was living in the garage, but he was unaware that a resident was not allowed in the garage, since it has a bathroom, egress, etc. He bought the house for use as a halfway house. Ms. Springer pointed out there are six beds, and the seventh bed would not be allowed under the rules for a congregate adult living facility. In order to get the business license, he will have to remove the bedroom from the garage. Decision Ms. Ellis ordered a 10 -day compliance date of November 28, 2015, or $100 a day thereafter. Case No. 15 -1714 Assilien Saint Fort & Rose Philippe Location of Violation: 10 NW 28 Avenue Type of property: Single family, non - homesteaded Violation CO SECT 105.1 FPC 2014 edition Boynton Beach amendments permit required for new roof, fence, air conditioning, garage door, house floors, and interior completion. Officer Weixler presented the case, which was a routine inspection. The initial inspection date was July 24, 2015. This is not a repeat violator. Initial notice was written and issued on July 24, 2015, with 10 days to comply. Proof of service was a notice dated November 2, 2015, was posted on property. The City recommends 30 days with a compliance date of December 18, 2015, or $100 per day. Ms. Ellis reviewed the facts of the case. Officer Weixler stated that as of this day, none of the permits have been applied for. Maxine Cheesman, representing Mr. Saint Fort, stated that there was material fraudulent non - disclosure of the permits at the time Mr. Saint Fort bought the property. She said he procured a copy of a contract on October 14, 2015, with proof of down payment, a copy of which she offered to the court. It was an invoice from J &M Contractors of South Florida, dated September 14, issued to Mr. Saint Fort to correct the following violations: roof requires permit, a/c condenser requires mechanical contractor and separate permit; and exterior front and rear doors, and garage door. Ms. Cheesman said the owners went on vacation, and nothing had been done since September 14, 2015. She will follow up with them on this day and asked for 60 days given the circumstances under which he got the property. 7 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 18, 2015 Decision Ms. EIIis ordered a 45 -day compliance date of January 2, 2016, or $200 a day thereafter. Case No. 15 -2061 HCP Boynton Beach — Homewood Residence at Boynton Location of Violation: 2400 S Congress Avenue Type of property: Multi- family residence Violation: CO CH13 SECT 13 -16 Obtain a business tax receipt license for rental /adult congregate living. Officer Weixler presented the case, which was a City Department referral. The initial inspection date was September 15, 2015. This is not a repeat violator. Initial notice was written and issued on September 15, 2015, with 10 days to comply. Proof of service was signed green card dated October 23, 2015. The property was last inspected on November 17, 2015. The City recommends 10 days with a compliance date of November 28, 2015, or $100 a day. Ms. EIIis reviewed the facts of the case, and Officer Weixler said the respondent has made application for the business tax receipt. Anna Diaz, Executive Director of the property, represented the owners. Decision Ms. EIIis ordered the staff recommendation. B. Lien Penalty Certifications — New Case No. 15 -1260 10 Property LLC Officer Cain presented the case, and Ms. Springer noted it was a fine certification case. The owner just has to complete the last step, picking up the permit, which is ready to pickup. Decision Ms. EIIis ordered a 10 -day compliance and stated in case of non - compliance, the lien would be certified. Case No.15 -1395 Cynthia J. Matthews Location of Violation: 1641 NW 5 Street Violation: CO CH15 SECT 15 -120 INC 8 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 18, 2015 Please remove all materials stored outside as well as trash. Officer Hart presented the case, noting that the notice of violation was June 12, 2015. The magistrate hearing was August 19, 2015, and no one appeared. The compliance date was August 29, 2015, at a proposed fine by the Magistrate of $50 per day plus administrative charges. The last inspection was on November 17, 2015, and , the violation still exists. The violation has existed for 80 days; four inspections at $96.03, which totals $384.12, with an affidavit filing of $250.00 for a total of $634.12. Officer Hart had photos taken at the property the day prior. Ricky Matthews, the owner's son, said nobody appeared in August because his mother has early onset Alzheimer's; he has stepped in to take over the property management. He stated he understood the violation and produced photos to show that a lot of the original trash has been removed. Officer Hart said the trash was not removed by the compliance date, but has gradually been removed. Decision Ms. Ellis ordered all trash to be removed by 5:00 p.m. on this day (November 18, 2015). If it is not removed, the fine will stand. Mr. Matthews confirmed that the washing machine and the glass table tops have to be removed. Case No. 15 -1058 Wayne and Jaimie Shapiro Officer Weixler stated there was no fine and no violation. Case No. 15 -1582 Aldy Jean Jacques Location of Violation: 413 SW 7 Avenue Violation: CO CH15 SECT 15 -120 (D) INC A permit is required for all work that has been performed at the property: garage conversion and conversion of patio required a licensed contractor. (See red tag date 6- 26 -15) Remove all trash and debris from west side of house. Officer Cain presented the case, saying that the violation date was June 30, 2015. The Magistrate hearing date was August 19, 2015, but no one appeared. Compliance date was set for September 18, 2015. The fine proposed by the Magistrate was $300 a day. The violation still exists. There were 60 days of non - compliance which equals $480.15, and the total fine is $730.15. Ms. Ellis reviewed the facts of the case, noting the trash was removed. 9 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 18, 2015 Aldy Jean Jacques, owner of the property, explained they had to hire an engineer before hiring a contractor to do the work. He said he was late to the first hearing and spoke to someone in the back of the room, who informed him that his case had already been heard. Mr. Jacques said he later contacted the inspector and the City, asking for more time. He did not know if the application had been applied for, since the contractor was handling that. He said he had tenants in the property (a halfway house). Ms. Ellis advised the owner that he needs to be aware of what is going on at his property, and he should know whether a permit application has been made. Decision Ms. EIIis certified the fine and advised Mr. Jacques he would have an opportunity to have the lien removed or reduced if he presents information that he has complied. Case No. 15 -1416 Boynton Business Park LLC — NextEra Landscaping Violation Address: 1370 W Industrial Avenue, Bay 102 Violation: CO CH13 SECT 13 -16 Your tenant NextEra Landscaping must apply for and pass inspection for a business tax receipt license to operate a business. Officer Shickles presented the case. The notice of violation date was June 16, 2015. The magistrate hearing date was September 16, 2015, but no one appeared. Compliance date was set at September 26, 2015, or $200 per day. The violation still exists; number of days of non - compliance is 52 and administrative costs are $634.12. Corey Tickner, Director of Property Management in the Third Party Property Management Company, said he was present at the hearing in September, but did not stay for this particular case because the tenant said they would be present. He said the tenant has made application and is in review with the City. However, the tenant's lease is up in December, and they have been given notice that if their license is not obtained by the end of the year, their lease will not be renewed. Officer Shickles confirmed it is in review and is handled by the Building Department. Decision Ms. EIIis advised the respondent that if the issue is not settled within 10 days, the lien will stand. 10 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 18, 2015 • B. Lien Penalty Certifications — Tabled Irreparable Damage Case No. 15 -2002 Liliang Yang and Xiu Juan Dong Violation Address: 240 N Congress Avenue Officer Shickles presented the case. The notice of violation date was September 3, 2015. He presented an incident report from the Environmental Inspector Arsenio Alejandro for the City of Boynton Beach Utility Department regarding cooking grease discharge into a storm drain. Ms. Ellis read the report into the record, noting that the City's Environmental Inspector concluded no damage was caused by the spill. Decision Ms. Ellis closed the case since there was no irreparable damage. Case No. 11 -1925 Marva Campbell Violation Address: 2101 N Seacrest Boulevard Violation: CO CH15 SECT 15 -120 (B) INC Mow overgrown property; trim hedges; remove trash and debris. Code Compliance Coordinator Springer presented the case, noting the notice of violation was sent on July 26, 2011, and it came before the Code Board on September 21, 2011. No one appeared. The compliance date and fine proposed on October 1, 2011, was $100 per day. The case complied on March 2, 2015, for 1,247 days of non- compliance at $100 a day; total amount of the fine is $124,700 with the administrative costs of $634.12. There were outstanding taxes for 2014 that had to be paid, an outstanding water bill of $455.55, and two municipal liens on the property that had to be paid before the case could go before the magistrate. Ms. Springer stated that on February 25, 2015, a request was received for a lien reduction inspection and to verify compliance on all the cases. Only two of the three liens came into compliance. On March 18, 2015, another request was received to verify compliance on the third case, which complied. The Code Officer found the following items that needed to be corrected for lien reduction: install sod in the yard, obtain permit for the shed, paint the house and the fascia, repair hole in the soffit, replace rotted wood around the screen porch, and obtain permit for newly installed door. On May 6, 2015, no permits had been pulled. On July 29, 2015, another request was received for a lien reduction inspection; only the hole in the soffit was left to fix. Staff returned on November 5, 2015, but the hole in the soffit was still there; they returned on November 9, 2015, and it was complied for lien reduction. 11 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 18, 2015 Bryan Koch, owner of the property, said he purchased the property on August 28, 2015, from the bank. He stated he did not see these liens at the time of closing, although he paid the outstanding water bill. He brought the house into compliance and is currently offering the house for sale. He had a contract for $120,000, but the appraisal came up short. Ms. Ellis asked for photos of the home, and Ms. Springer provided them. Ms. Ellis mentioned that the photo dated November 16, 2015, showed the house had been totally renovated. Mr. Koch estimated he put $21,373 into those renovations. Decision Based on the testimony and seeing that the respondent transformed the property, Ms. Ellis reduced the $124,700 lien to $10,000 plus the administrative costs. Case No. 14 -1752 Marva Campbell Violation Address: 2101 N Seacrest Boulevard Violation: CO'CH10 SECT10 -56 (A) and (D) Secure all doors and windows. Ms. Springer presented the case. The notice of violation was sent on July 26, 2014, for the sections noted above. The compliance hearing was on September 17, 2014, and no one appeared. Compliance date and fine set was September 27, 2014, or $100 per pP p p p day; the case complied on March 2, 2015. The number of days of non - compliance was 155 at $100 per day for a total fine of $15,500 with the administrative costs of $634.12. Decision Ms. Ellis reduced the lien to $1,000 plus administrative costs. Case No. 14 -1753 Marva Campbell Violation Address: 2101 N Seacrest Boulevard Violation(s): CO CH15 SECT 15 -120 (D) INC CO CH10 SECT 10 -56 (A) and (D) Remove outside stored materials. Repair and paint all rotten wood on soffit and fascia. Install four -inch house numbers on building and repair the hole in the wall in the carport. Ms. Springer presented the case. The notice of violation was sent on July 26, 2014, for the sections noted above. The compliance hearing was on September 17, 2014, and no one appeared. Compliance date and fine set was September 27, 2014, or $100 a day; the case complied on July 30, 2015. The number of days of non - compliance was 305 at $100 per day for a total fine of $47,750 plus the administrative costs of $634.12. 12 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 18, 2015 Decision Ms. Ellis reduced the lien to $1,000 plus administrative costs. Case No. 14 -1451 Boynton Beach Palms LLC Violation Address: 2309 SE 3rd Street Violation: CO CH13 SECT 13 -16 CO CH15 SECT 15 -120 (D) INC Obtain business tax receipt for multi- family building. Remove loose trash around dumpster and keep area clean at all times. Trim front hedges. Type of property: Multi- family dwelling, 4 units or more Ms. Springer presented the case. The notice of violation was sent on June 13, 2014, for the sections noted above. The compliance hearing was on November 19, 2014, and no one appeared. Compliance date and fine set was November 24, 2014, or $100 per day; the case complied on July 1, 2015. The number of days of non - compliance was 213 at $100 per day for a total fine of $21,300 plus the administrative costs of $730.15. An outstanding water bill of $1,682.85 had to be paid; also the 2014 property taxes were overdue, over $12,000. Ms. Springer was first contacted by Mr. Baez by phone requesting a lien reduction inspection and verification of compliance. She asked that he send the request by email, which she received on June 25, 2015. The property was inspected on June 29, 2015. There was still trash around the dumpster. Ms. Springer emailed Mr. Baez the inspection result on June 29, 2015. The property was re- inspected on July 1, 2015, and the case complied. A lien reduction inspection was done, and it was determined the owner needed to resurface and re- stripe the parking lot, remove outside storage, repair or remove chain link fence on north side of property, fix all windows to working order, and remove poultry from the property. The property was re- inspected and the violations still existed; property was re- inspected on September 22, 2015, and still did not pass inspection — only the poultry was removed. It was re- inspected on October 28, 2015, and was satisfactory for lien reduction. However, the owner had replaced a window that he pulled a permit for, so he had to wait until the permit was final before he could appear in court. Ms. Ellis reviewed the facts of the case, including photographs. Raymond Baez, owner of the property, explained it took a long time to obtain the business tax receipt because he lives out of state and did not know a license was required. It was not until someone from the City called his office that he was made 13 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 18, 2015 aware of the need for the license. Mr. Baez stated that they complied as soon as they found out the license was needed. Ms. Ellis clarified the nature of the case to Mr. Baez, which was strictly a lien reduction request. If he wished to discuss the merits of the case, he would need to do so at the Circuit Court. Ms. Ellis pointed out that Mr. Baez could have researched the matter on the City's website. Decision Based on the compliance with the requirements for a lien reduction, Ms. Ellis reduced the lien to $5,000 plus administrative costs. Case No. 14 -896 Kevin and Jeneen Gallagher Violation Address: 441 SW 3 Avenue Violation: CO CH15 SECT 15 -120 (D) INC Mow overgrown yard. Remove outside storage from carport. Ms. Springer presented the case. The notice of violation was sent on April 17, 2014, for the sections noted above. The compliance hearing was on July 16, 2014, and no one appeared. Compliance date and fine set was August 15, 2014, or $50 per day; the case complied on December 8, 2014. The number of days of non - compliance was 114 at $50 per day for a total fine of $5,700 plus the administrative costs of $634.12. Ms. Springer said they have been to the property at least seven times for re- inspection for lien reduction. There was an outstanding water bill of $347.59 that had to be paid. Ms. Springer was originally contacted in December, 2014, by Jeneen Gallagher, and the following had to be done for lien reduction: repair the roof, fascia, and soffit fence; repair the window, remove trash and debris from the rear, repair screen room pool, and a permit was required for the fence and washer and dryer and carport, the shed and the playground structure. Ms. Springer was contacted by Mr. Gallagher in June of 2015, and some additional items had to be done: repair the windows, scrape and paint the tie beam around the carport; remove plexiglass from window and carport and replace with glass; remove p p 9 p p 9 materials stored in carport (wood and granite); repair the damaged soffit; replace missing window screens; repair open electrical; raise the shutters on one side of the house; repair missing or broken windows in the utility room; remove un- permitted washer and dryer from the carport; and pay outstanding water bill. Ms. Springer was contacted again in July of 2015; the permits were pulled, but Ms. Springer advised Mr. Gallagher he had to wait until they were final before doing the lien reduction. The property has been sold; staff visited the property and found storage in the back yard. The new owner cleaned up the yard. She showed before and after photos. 14 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 18, 2015 Kevin Gallagher, former owner of the property, said he had moved out and his ex- wife remained on the property so he was not aware of the issues. Decision Ms. Ellis reduced the lien to $1,000 plus the administrative costs. Case No. 14 -793 1635 Seacrest LLC Violation Address: 1106 NW 1 Street Violation: CO CH10 SECT 10 -52 CO CH13 SECT 13 -16 CO CH15 SECT 14 -122 (D) INC Remove inoperable unregistered vehicles. Mow and trim the overgrowth. Apply for a past inspection for business tax receipt for the rental property. Ms. Springer presented the case. The notice of violation was sent on April 2, 2014, for the sections noted above. The compliance hearing was on May 21, 2014, and an individual named Jackie Heby appeared. Compliance date and fine set was May 31, 2014, or $100 a day; the case complied on July 31, 2015. The number of days of non- compliance was 425 at $100 a day for a total fine of $42,500 plus the administrative costs of $730.15. Ms. Springer was contacted in July for a lien reduction inspection. They had to mow the yard, trim the trees, obtain a permit for the water heater and have the air conditioning inspected and permits finaled. The property was re- inspected on August 8, 2015: the trees still needed trimming, and the water heater permit was not finaled. On August 25, 2015, the property was,inspected again and it was satisfactory for lien reduction. It was set to go before the Board in October; however, when staff went to the property to take photos for the hearing, they discovered overgrowth. On November 16, 2015, another inspection occurred, and it was again overgrown. The mowing was done November 17, 2015. Ms. Springer presented photos. Ronald Godfrey, owner of the property, and Jackie Heby, representative of the property appeared. Mr. Godfrey stated they purchased the property at auction and had not seen the property. They inherited a tenant who would not let the inspectors inside and did not follow up mowing the lawn. He said they have invested in the renovation of the property and presented photos. Decision Ms. Ellis reduced the fine to $2500, plus the administrative costs. 15 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 18, 2015 A. Respondent Case No. 15 -1864 Wayne and Lois Marcinkoski Trust Location of Violation: 510 W Industrial Avenue Type of Property: Commercial Violation: CO CH13 SECT 13 -7 INC Please obtain a Certificate of Use and Occupancy. Contact Business Tax Division at 561- 742 -6350 to apply. Officer Hart presented the case, which arose from a routine inspection. The original inspection date was August 11, 2015. This is not a repeat violator. The initial notice was issued August 11, 2015, via written notice. Number of days given to comply was 30. Proof of service was sent Certified Mail October 23, 2015; the green card was not dated and was sent Regular Mail on August 11, 2015. The last inspection was November 17, 2015. The City recommends 30 days, November 28, 2015, or $100 a day. Wayne Marcinkoski, son of the property owners, presented the application dated April, 2015, and the cancelled check. Ms. Springer stated that the case was tabled last month, and the father was supposed to go to the Building Department to set up an inspection. Mr. Marcinkoski stated his father had been to the City four times in the past month and has a meeting with the City Manager in the next week. Ms. Springer suggested tabling the matter to the next month, pending the outcome of the meeting with the City Manager. She advised Mr. Marcinkoski to speak with Salieca Brown at the Building Department after this meeting. She advised Mr. Marcinkoski that he would not have to appear in December if the case was resolved before then. Decision Ms. Ellis tabled the case until December 16, 2015. B. Lien Penalty Certifications — New Case No. 15-1761 Boynton Property Rehabilitation Officer Shickels stated he was presented permits that were just picked up, and recommended complying the case with no fine. Decision 16 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 18, 2015 Ms. Ellis complied the case. Ms. Ellis declared a break at 11:34 a.m. Ms. Ellis readjourned the court at 11 :39 a.m. Case No. 15 -1580 FMB Leasing Corp Location of Violation: 130 SE 14 th Avenue Violation: Per Notice of Violation Officer Cain presented the case, noting there could be a health issue because a well was installed without a permit. City recommends 15 days for ,compliance by December 3, 2015, or $250 a day. Decision Ms. Ellis ordered a 15 -day compliance date of December 3, 2015, or $250 a day. B. Cases to be Heard — New Case No. 15 -2011 Nanette Roberts Trust Title Holder Location of Violation: 42 S Sausalito Drive Violation: Per Notice of Violation Officer Cain presented the case, noting there were no health and safety hazards. City recommends 30 days with a compliance date of December 18, 2015, or $50 a day. Decision Ms. Ellis ordered a 30 -day compliance date of December 18, 2015, or $50 a day. Case No. 15 -2237 Morguard Boynton Town Center - Pollo Campero Location of Violation: 750 N Congress Avenue Violation: Per Notice of Violation Officer Cain presented the case noting there were no health and safety hazards. City recommends 10 days with a compliance date of November 28, 2015, or $50 a day. Decision Ms. Ellis ordered a 10 -day compliance date of November 18, 2015, or $50 a day. Case No. 15 -1812 Joanne B. & Scot P. Gimmy Location of Violation: 131 W Ocean Avenue Violation: Per Notice of Violation 17 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 18, 2015 Officer Can presented the case noting there were no health and safety hazards. City recommends 30 days with a compliance date of December 18, 2015, or $100 a day. Decision Ms. Ellis ordered a 30 -day compliance date of December 18, 2015, or $100 a day. Case No. 15 -2143 Ronald & Julie Clapp Trust Location of Violation: 805 SW 3 Street Violation: Per Notice of Violation Officer Cain presented the case noting there were no health and safety hazards. City recommends 15 days with a compliance date of December 3, 2015, or $100 a day. Decision Ms. Ellis ordered a 15 -day compliance date of December 3, 2015, or $100 a day. Case No. 15 -2144 Bank of America Location of Violation: 600 NW 10 Court Violation: Per Notice of Violation Officer Cain presented the case noting there were no health and safety hazards. City recommends 15 days with a compliance date of December 3, 2015, or $100 a day. Decision Ms. EIIis ordered a 15 -day compliance date of December 3, 2015, or $100 a day. Case No. 15 -2160 147 SW 7 Ave LLC Location of Violation: 146 SW 7 Avenue Violation: Per Notice of Violation Officer Cain presented the case noting there were no health and safety hazards. City recommends 15 days with a compliance date of December 3, 2015, or $100 a day. Decision Ms. EIIis ordered a 15 -day compliance date of December 3, 2015, or $100 a day. Case No. 15 -2186 ABK Properties LLC Location of Violation: 431 SW 9 Avenue Violation: Per Notice of Violation 18 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 18, 2015' Officer Cain presented the case noting there were no health and safety hazards. City recommends 15 days with a compliance date of December 3, 2015, or $250 a day. It is a repeat violator. Decision Ms. Ellis ordered a 15 -day compliance date of December 3, 2015, or $250 a day. Case No. 15 -616 301 North Federal Way LLC Officer Hart stated he received a letter from Kevin Hallahan, City Forester, on November 17, 2015, and would like to table the case for 60 days. Decision Ms. Ellis tabled the case for 60 days to January 20, 2016. Case No. 15 -1695 American Real Estate Strategies Location of Violation: 1615 NE 3rd Court Violation: i Per Notice of Violation . Officer Hart presented the case. City recommends 10 days with a compliance date of November 28, 2015, or $500 a day. Decision Ms. Ellis ordered a 10 -day compliance date of November 28, 2015, or $500 a day. Case No. 15 -1729 Ellington Beckles Est Location of Violation: 310 NW 16 Court Violation: Per Notice of Violation Officer Hart presented the case, stating it is a repeat violator. City recommends 30 days with a compliance date of December 18, 2015, or $300 a day. Decision Ms. Ellis ordered a 30 -day compliance date of December 18, 2015, at $300 a day. Case No. 15 -1820 Joseph Mulhern Location of Violation: 2181 NE 1 Lane Violation: Per Notice of Violation 19 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 18, 2015 Officer Hart presented the case. City recommends 10 days with a compliance date of November 28, 2015, or $100 a day. Decision Ms. Ellis ordered a 10 -day compliance date of November 28, 2015, or $100 a day. Case No. 15 -1892 Towne Center Investments LLC — Ali Baba Restaurant & Hookah Location of Violation: 901 N. Congress Avenue Violation: Per Notice of Violation Officer Hart presented the case. City recommends 10 days with a compliance date of November 28, 2015, or $100 a day. Decision Ms. EIIis ordered a 10 -day compliance date of November 28, 2015, or $100 a day. Case No. 15 -1915 Ellington G. & Shirlene Beckles Location of Violation: NW 16 Court Violation: Per Notice of Violation Officer Hart presented the case. This is a repeat violator. City recommends 10 days with a compliance date of November 28, 2015, or $250 a day. Decision Ms. Ellis ordered a 10 -day compliance date of November 28, 2015, or $250 a day. Case No. 15 -1997 Linda Cahill Location of Violation: 615 NE 15t Place Violation: Per Notice of Violation Officer Hart presented the case. This is a repeat violator. City recommends 45 days with a compliance date of January 2, 2016, or $200 a day. Decision Ms. Ellis ordered a 45 -day compliance date of January 2, 2016, or $200.a day. Case No. 15 -2032 Jimmy Benitez Location of Violation: 171 NE 17 Avenue Violation: Per Notice of Violation 20 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 18, 2015 Officer Hart presented the case. City recommends 30 days with a compliance date of December 18, 2015, or $200 a day. Decision Ms. Ellis ordered a 30 -day compliance date of December 18, 2015, or $200 a day. Case No. 15 -2168 Audrique J. Charles Location of Violation: 1971 N Seacrest Boulevard Violation: Per Notice of Violation Officer Hart presented the case. City recommends 10 days with a compliance date of November 28, 2015, or $50 a day. • Decision Ms. Ellis ordered a 10 -day compliance date of November 28, 2015, or $50 a day. Case No. 15 -2188 Bank of New York Trust Location of Violation: 1411 NW 1 Court Violation: Per Notice of Violation Officer Hart presented the case. City recommends 10 days with a compliance date of November 28, 2015, or $100 a day. Decision Ms. Ellis ordered a 10 -day compliance date of November 28, 2015, or $100 a day. Case No. 15 -2198 Carmelo Campos Location of Violation: 330 NE 16 Court Violation: Per Notice of Violation Officer Hart presented the case. It has a safety hazard: blind corner and cannot see past the overgrowth on a swale. City recommends 7 days with a compliance date of November 25, 2015, or $1,000 a day. Decision Ms. Ellis ordered a 7 -day compliance date of November 25, 2015, or $1,000 a day. Case No. 15 -1980 Joseph & Delizia Noreus Location of Violation: 501 NW 5 Street 21 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 18, 2015 Violation: Per Notice of Violation Officer Shickles presented the case. City recommends 10 days with a compliance date of November 28, 2015, or $100 a day. Decision Ms. Ellis ordered a 10 -day compliance date of November 28, 2015, or $100 a day. Case No. 15 -2072 Bham Partners LLC Location of Violation: 1310 N Federal Highway Violation: Per Notice of Violation Officer Shickles presented the case. City recommends 20 days with a compliance date of December 8, 2015, or $100 a day. Decision Ms. Ellis ordered a 20 -day compliance date of December 8, 2015, or $100 a day. Case No. 15 -2124 DCS Properties LLC Location of Violation: 425 SW 1 Court Violation: Per Notice of Violation Officer Shickles presented the case. City recommends 10 days with a compliance date of November 28, 2015, or $100 a day. Decision Ms. Ellis ordered a 10 -day compliance date of November 28, 2015, or $100 a day. Case No. 15 -2128 DCS Properties LLC Location of Violation: 628 SW 1 Street Violation: Per Notice of Violation Officer Shickles presented the case. City recommends 10 days with a compliance date of November 28, 2015, or $100 a day. Decision Ms. Ellis ordered a 10 -day compliance date of November 28, 2015, or $100 a day. Case No. 15 -2130 DCS Properties LLC Location of Violation: 620 SW 1 Street 22 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 18, 2015 Violation: Per Notice of Violation Officer Shickles presented the case. City recommends 10 days with a compliance date of November 28, 2015, or $100 a day. Decision Ms. Ellis ordered a 10 -day compliance date of November 28, 2015, or $100 a day. Case No. 15 -2131 DCS Properties LLC Location of Violation: 604 SW 1 Street Violation: Per Notice of Violation Officer Shickles presented the case. City recommends 10 days with a compliance date of November 28, 2015, or $100 a day. Decision Ms. Ellis ordered a 10 -day compliance date of November 28, 2015, or $100 a day. Case No. 15 -2222 Al Hankerson Est Location of Violation: 320 NW 2 Street Violation: Per Notice of Violation Officer Shickles presented the case. It is a repeat violator. City recommends 10 days with a compliance date of November 28, 2015, or $1,000 a day. Decision Ms. Ellis ordered a 10 -day compliance date of November 28, 2015, or $1,000 a day. Case No. 15 -2303 Gamar and Guerylne Chery Officer Shickles advised the case had complied. Case No. 15 -765 Francesco and Rose Rocca Location of Violation: 2615 NE 3rd Court, Unit #109 Violation: Per Notice of Violation Officer Weixler presented the case. City recommends 15 days with a compliance date of December 3, 2015, or $100 a day. Decision 23 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 18, 2015 Ms. Ellis ordered a 15 -day compliance date of December 3, 2015, or $100 a day. Case No. 15 -1255 Eretzor Investments LLC Location of Violation: 1301 NW 7 Court Violation: Per Notice of Violation Officer Weixler presented the case. City recommends 15 days with a compliance date of December 3, 2015, or $100 a day. Decision Ms. Ellis ordered a 15 -day compliance date of December 3, 2015, or $100 a day. Case No. 15 -1840 Shumar Metellus Location of Violation: 510 NE 26 Avenue Violation: Per Notice of Violation Officer Weixler presented the case. City recommends 15 days with a compliance date of December 3, 2015, or $100 a day. Decision Ms. Ellis ordered a 15 -day compliance date of December 3, 2015, or $100 a day. Case No. 15 -1951 Quality Warehouse Corp Location of Violation: 3020 High Ridge Road Violation: Per Notice of Violation Officer Weixler presented the case. City recommends 10 days with a compliance date of November 28, 2015, or $200 a day. Decision Ms. Ellis ordered a 10 -day compliance date of November 28, 2015, or $200 a day. Case No. 15 -2066 Lillian Mayhew Tr Location of Violation: 313 SE 21 Avenue Violation: Per Notice of Violation Officer Weixler presented the case. City recommends 15 days with a compliance date of December 3, 2015, or $150 a day. Decision 24 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 18, 2015 Ms. Ellis ordered a 15 -day compliance date of December 3, 2015, or $150 a day. Case No. 15 -2069 Eric & Cindy Jones Location of Violation: 3360 E Atlantic Drive Violation: Per Notice of Violation Officer Weixler presented the case. There is a health and safety hazard present; the property is attracting rodents and vagrants living in an unsecured home. City recommends 7 days with a compliance date of November 25, 2015, or $500 a day. Decision Ms. EIIis ordered a 7 -day compliance date of November 25, 2015, or $500 a day. Case No. 15 -2070 Eric & Cindy Jones Location of Violation: 3360 E Atlantic Drive Violation: Per Notice of Violation Officer Weixler presented the case. City recommends 15 days with a compliance date of December 3, 2015, or $100 a day. Decision Ms. EIIis ordered a 15 -day compliance date of December 3, 2015, or $100 a day. Case No. 15 -2194 Elizabeth M. Ceruto Trustee Location of Violation: 8143 Mystic Harbor Circle Violation: Per Notice of Violation Officer Weixler presented the case. There is a health and safety hazard. City recommends 7 days with a compliance date of November 25, 2015, or $500 a day. Decision Ms. EIIis ordered a 7 -day compliance date of November 25, 2015, or $500 a day. VI. OLD BUSINESS V 1 inn Penalty Certific 25 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 18, 2015 Officer Cain stated the following cases have complied and recommended they be certified as "No Fine ": Case No. Respondent Address 14 -1582 Maureen Gross 15 -585 2 Chiefs LLC 15 -990 Ranee L. Greitzer & Miguel A. Rodriguez 15 -1019 Christiana Trust A Division of Wilmington Savings Trust 15 -1112 John Holland 15 -1470 MCJ Investment LLC — first order only 15 -1572 Annie Moorer 15 -1609 Meir Moar & Sharvit Dai Daniel 15 -1675 Gaspar Thomas 15 -1648 James & Linda Ford 15 -633 Edward Castagna 15 -1080 Socorro Mendoza 15 -1303 Jan and Selva Ganesh 15 -1400 Josephine Daffin 15 -1748 Edward Castagna 15 -509 Peneil Evangelical Alliance 15 -993 Colin D. Groff 15 -1368 Gil and Simcha Stetner Ms. Ellis ordered no fines for the above cases. Officer Cain requested that the following cases be tabled to December 16, 2015. Case No. Respondent 15 -1366 Harry & Rebecca Schmid 15 -1631 Broadtree Homes Florida LLC 15 -1726 Howard Brown 15 -1728 Willie J. Morrell Est 15 -1590 Ms. Ellis tabled the above cases to December 16, 2015. Officer Cain requested that the following case be tabled to January 20, 2016. Case No. Respondent 15 -1042 Sunny Side in Florida IV LLC 26 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 18, 2015 Ms. Ellis tabled the above case to January 20, 2016. B. Lien Penalty Certification -- New 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 I 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, with the amount as set forth on the docket ": Case No. Respondent 15 -1379 David Kislak Company LLC 15 -1466 Ada!win LLC 15 -1470 — second order only MCJ Investment LLC 15 -1561 Jul Properties LLC 15 -1570 Bernice Potter Est. 15 -1621 Lake Ida Tract LLC 15 -1017 Business Netto LLC 15 -496 Bethesda Tabernacle of the Christian & Missionary Alliance Inc. Ms. Ellis certified the fines for the aforementioned cases. C. Rescission of Order Ms. Springer said the case was brought before the court last month. It should have been "no fine" but was on the wrong list. Case No. Respondent Case No. 15 -1488 TAH 2015 1 Borrower LLC Ms. Ellis rescinded the order given on Case No. 15 -1488 on page 90, and will order a "no fine" on that case. 27 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida November 18, 2015 Ms. Ellis concluded the meeting at 2:46 p.m. [J. Rubin, Prototype Inc.] 28