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Minutes 04-15-15 MINUTES OF THE CODE COMPLIANCE /LIEN REDUCTION HEARINGS HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, ON WEDNESDAY, APRIL 15, 2015, AT 9 A.M. PRESENT: Carol Dutra Ellis, Special Magistrate Diane Springer, Code Compliance Coordinator I. Call To Order Carol Ellis, Special Magistrate, called the meeting to order at 9:10 a.m. She explained her role in the hearings and the hearing procedures. Pursuant to Florida p g 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. Ms. Ellis requested a few moments of silence for the passing of Senior Code Compliance Officer, Skip Lewis. II. Approval of the March 18, 2015, Meeting Minutes with the following correction: Page 24, Case No. 15 -324, the compliance date should be March 28, 2015. Decision Ms. Ellis approved the minutes with the corrections. III. Approval of Agenda Vestiguerne Pierre, Senior Code Compliance Officer, announced the following changes:. Case No..15 -126, 15 -305, 15 -128, 15 -265, 15 -267, 14 -800, 15 -472, 15 -325 complied. Case Nos. 15 -181, 15 -184, 15 -185, 15 -319, 14 -1968, 15 -323, 15 -354 were tabled for 30 days. Case No. 15 -317 was removed. Decision Ms. Ellis approved the agenda. Meeting Minutes Special Magistrate Hearings Boynton Beach, Florida April 15, 2015 Case No. 15 -394 John S. Kennelly Property Address: 1128 SW 26 Avenue Violation(s): CO CH15 SEC 15 -120 (D) INC. Mow and weed front yard. Officer Pierre presented the case as contained in the Notice of Violation and advised the Respondent was present. Officer Pierre had photographs he showed to the Respondent and Ms. EIIis. The Respondent also had photos. John Kennelly, 2855 NE 30 Street, Lighthouse Point, the owner of the property, explained a notice dated March 5 was not mailed until March 11 and was received on March 13. On the 17 he had a crew at the house to address the issues. It was resolved within one or two days of receiving the notice. The crew has now been tasked with cutting and weeding every two weeks. They are employees of some of his businesses. He had photos on his phone reflecting the current condition of the property as of this morning, and he apologized for the oversight. Officer Pierre requested the case be tabled. His photos were taken yesterday and there were weeds remaining. He acknowledged the property was mowed, but it was all weeds and not grass. Mr. Kennelly wanted to show the photos reflecting the property was maintained. The grass in the front yard had different vegetation, and he understood it was compliant. He commented the garden had no weeds. Ms. EIIis recognized Mr. Kennelly's efforts to comply. If there were weeds, it could be remedied. After this hearing, she recommended he confer with the Code Officer. Decision Ms. EIIis tabled the case until the next month. She anticipated all the issues would be addressed by then. Mr. Kennelly requested the case be dismissed. He commented only prior to the notice was there a violation. The evidence shows the property is compliant, and he proved his case and the City had not. The City could recite the case, if needed, and he preferred not to come to a hearing again. Ms. EIIis responded there was a dispute of fact. She was tabling the case until next month, and explained he would most likely not have to come back if resolved. Case No. 14 -1738 Cameau 0 & Marie B. Danois 2655 SE 2 Street Diane Springer, Code Compliance Coordinator, explained a Notice of Violation was sent on July 25, 2014, to apply for and pass a Business Tax Receipt inspection for a rental property, address trash and debris, and install four -inch house numbers to be visible from the street. The case was heard on September 27, 2014, and no one 2 Meeting Minutes Special Magistrate Hearings Boynton Beach, Florida April 15, 2015 appeared. The compliance date and fine was to comply by September 27, 2014, or a fine of $50 a day would be imposed thereafter. The violations were corrected on March 14, 2015, having 157 of non - compliance fora fine of $7,850. Ms. Springer was contacted at the end of February for a lien reduction because the lien was discovered. There were tenants in the property without the Business Tax Receipt. The property passed the Business Tax Receipt inspection for the interior, but there were exterior violations that needed to be addressed, including repair of the outside electrical plug on the front of the house, repair Tight fixtures, gutters, paint the building, repair the rear porch screen, sod the yard and swale, remove trash and debris and obtain a permit for newly installed windows. It was re- inspected on March 19, 2015, and was eligible for lien reduction. Fabiola Angela Danois, 2657 SE 2 Street, was present on behalf of her parents who own the property. She requested a complete removal of the lien. They spent over $4,000, plus other lesser expenses from Home Depot for the repairs. She commented $4,000 was a lot of money. She apologized for the inconvenience and would make efforts to continue to comply. Ms. Danois explained they use the home for a rental property. Ms. Springer was unsure of any prior violations. Ms. Danois explained her father goes to the property all the time and the tenants put items outside which they told to remove. They are strict. Ms. Ellis inquired why no one appeared at the initial hearing. Ms. Danois was unsure about miscommunication, but it was noted her dad signed the green card. Decision Based on the testimony of the Respondent and the City, Ms. Ellis reduced the lien from $7,850, to $1,000, plus the administrative costs for a total of $1,634.12. Case No. 13 -362 Raffaela Liuzzo Mazzocchi 201 NE 27 Avenue Ms. Springer explained there were two cases for the same property for two different violations, The Notice of Violation was sent March 8, 2013, to apply for and pass inspection for a Business Tax Receipt for a rental property. The case was heard April 17, 2013, and no one appeared. The compliance date was April 17, 2013, or a fine of $50 a day would be imposed thereafter. The violations were corrected on November 24, 2014, . having a total fine of $28,750, plus administrative costs of $634.12. Ms. Springer was contacted in November 2014, and the property was vacant so no Business Tax Receipt was needed. The Respondents did need to sod, trim hedges and pay outstanding property taxes. She was contacted in January, and a re- inspection revealed they had to weed the flower beds, sod, replace window screens remove outside storage and repair the soffit and electric meter. In February and March, there were still items outstanding. The soffit repair and taxes were not addressed, plus there 3 Meeting Minutes Special Magistrate Hearings Boynton Beach, Florida April 15, 2015 was an outstanding water bill. Those items were then addressed and they were eligible forte lien reduction. David Ryan, Real Estate Broker, requested only imposing the administrative fees. The Respondent was going through a divorce and turned his properties over to his property manager who did not pay any of the bills for two years When they were made aware of the issues, they addressed them. The property was currently under contract. Decision Ms. EIIis reduced the lien to $2,000 plus administrative costs, for a total of $2,634.12. Case No. 14 -123 Raffaela Liuzzo Mazzocchi 201 NE 27 Avenue Ms. Springer presented the case. The Notice of Violation was sent January 28, 2014. An alarm:decal was needed. The case was heard March 19, 2014. The compliance date and fine was March 29, 2014, or a fine of $150 a day would be imposed thereafter. The violations' were corrected on May 22, 2014, accruing a total fine of $7,950. Mr. Ryan explained it was the same property. Decision Ms. EIIis reduced the lien to $1,346.03, including the administrative fees. Case No. 14 -1530 Fetlar LLC 207 SW 1 Avenue Ms. Springer explained there were two liens on the same property and she presented the case. The Notice of Violation was sent June 25, 2014, regarding permits for the air conditioner and the garage door. The case was heard on August 20, 2014, . and Ms. Boggs appeared. The compliance date and fine was set for August 25, 2014, or a fine of $50 a day thereafter. The violations were corrected on January 26, 2015, accruing a lien of $76,500. Ms. Boggs contacted Ms. Springer in February for lien reduction inspection and it was learned there was an outstanding water bill and rotten wood, mold, repair gutter down spout,. sod bare areas in the front yard and repair or replace screens over the exterior attic opening. When the property was re- inspected, all was repaired. Leia Boggs, Fetlar LLC, explained the situation arose from the first contractor they hired. They hired a second contractor and it took longer to get the job done than they had anticipated. 4 Meeting Minutes Special Magistrate Hearings Boynton .Beach, Florida April 15, 2015 Decision Based on the testimony and evidence presented, Ms. Ellis reduced the lien from $76,500 to $10,000 plus administrative costs of $634.12. Case No: 14 -1544 Fetlar LLC 207 SW 1 Avenue Ms. Springer presented the case. The Notice of Violation was sent on June 30, 2014, to obtain a Business Tax Receipt. The case was heard on August 20, 2014, and Krishwa Ramnanan appeared. The compliance date and fine was August 25, 2014, or a fine of $500 a day would be imposed thereafter. The violations were corrected on January 29, 2015, accruing a fine of $78,000. Ms. Boggs had no comment. Decision Given the testimony, Ms. Ellis reduced the lien from $78,000 to $10,000 plus administrative costs of $634.12. Case No. 11 -2045 Georges Joseph 7205 Chesapeake Circle Ms. Springer announced Case No. 11 -2045 would be tabled to the next month's meeting. Case No. 15 -283 Marie Dor Property Address:. 915 SW 3rd Street Violation(s): CO CH15 SEC 15- 120(D) INC Remove all outside storage from carport. Repair or remove fence. Courtney Cain, Code Compliance Officer, presented the case as contained in the Notice of Violation. The Respondent was not a repeat violator. Staff recommended a 15 -day compliance deadline of April 30, 2015, or a fine of $100 a day would be imposed thereafter. Decision Seeing no one in the audience to respond, Ms. Ellis ordered the staff recommendation. Case No. 15 -457 Boynton Business Park LLC Property Address: 1300 W Industrial Ave. 104 Violation(s): BBA FBC 2010 ED 105.1 5 Meeting Minutes Special Magistrate Hearings Boynton, Beach, Florida April 15, 2015 Permits required for all remodeling of wall and electric as noted in the red tag. Officer Cain presented the case as contained in the Notice of Violation. The Respondent was a repeat violator. The violations were a health and safety hazard. Staff recommended a 10 -day compliance deadline of April 25, 2015, or a fine of $250 a day would be imposed thereafter. Decision Due to the health and safety violations, Ms. Ellis ordered a seven -day compliance deadline of April 22, 2015, and a fine of $500 a day thereafter would be imposed. Case No. 14 -2369 Frederic Fortier Property Address: 64 Paxford Lane Violation(s): CO CH13 SEC 13 -16 Pass Business Tax Receipt inspection for rental property. Luney Guillaume, Code Compliance, presented the case as contained in the Notice of Violation. Staff recommended a 10 -day compliance deadline of April 25, 2015, or a fine of $500 a day would be imposed thereafter. Decision Seeing no one in the audience to respond, Ms. Ellis ordered the staff recommendation. Case No. 14 -2770 Rogowski Holdings LLC Property Address: 524 E. Ridge Circle Violation(s): CO CH13 SEC 13 -16 Pass Business Tax Receipt inspection for rental property. Officer Guillaume presented the case as contained in the Notice of Violation. Staff recommended a 10 -day compliance deadline of April 25, 2014, or a fine of $100 a day thereafter. Decision Seeing no one in the audience to respond, Ms. Ellis ordered the staff recommendation. Case No. 15 -125 IH2 Property Florida, LP Property Address: 78 Buxton Lane Violation(s): CO CH13 SEC 13 -16 6 Meeting Minutes Special Magistrate Hearings Boynton Beach, Florida April 15, 2015 Pass Business Tax Receipt inspection for rental property. Officer Guillaume presented the case as contained in the Notice of Violation. Staff recommended a 10 -day compliance deadline of April 25, 2015, or a fine of $500 a day thereafter. Decision Seeing no one in the audience to respond, Ms. Ellis ordered the staff recommendation. Case No. 15 -129 IH3 Property Florida, LP Property Address: 1369 E. Fairfax Circle Violation(s): CO CH13 SEC 13 -16 Pass Business Tax Receipt inspection for rental property. Officer Guillaume p resented the case as contained in the Notice of Violation. Staff recommended a 10 -day compliance deadline of April 25, 2015, or a fine of $500 a day thereafter. Decision Seeing no one in the audience to respond, Ms. Ellis ordered the staff recommendation. Case No. 15 -131 2014 3 IH Borrower LP Property Address: 1222 Via De Fossi Violation(s): CO CH13 SEC 13 -16 Pass Business Tax Receipt inspection for rental property. Officer Guillaume presented the case as contained in the Notice of Violation. Staff recommended a 10 -day compliance deadline of April 25, 2015, or a fine of $100 a day thereafter. Decision Seeing no one in the audience to respond, Ms. Ellis ordered the staff recommendation. Case No. 15 -22 Derek & Michelle Roper Property. Address: 1515 NE 4 Street Violation(s): CO CH15 SEC 15- 120(D) INC Remove all outside store materials, trash and debris. 7 Meeting Minutes Special Magistrate Hearings Boynton Beach, Florida April 15, 2015 Pat Hart, Code Compliance Officer, presented the case as contained in the Notice of Violation. The Respondents were not repeat violators, but the violations were a hurricane hazard. Staff recommended a 30 -day compliance deadline of April 30, 2015, or a fine of $2-00 $250 a day thereafter. Decision Seeing no one in the audience to respond, Ms. Ellis ordered the staff recommendation. Case No. 15 -336 Business Netto LLC Property Address: 2144 NE 2nd Street Violation(s): CO CH10 -52 CO CH13-16 CO CH15 SEC 15- 120(D) INC CO CH10 SEC 10 -56 (D) • Remove all outside stored materials, trash and debris, unregistered and /or inoperable vehicles, trim, mow and weed all overgrowth, and install four - inch house numbers to be visible from • the street. Officer Hart presented the case as contained in the Notice of Violation. The Respondent was not a repeat violator. Staff recommended a 30 -day compliance deadline of May 15, 2015, or a fine of $250 a day thereafter. Decision Seeing no one in the audience to respond, and due to the nature of the violations, Ms. Ellis ordered the staff recommendation Case No. 15 -85 2014 12 1H Borrower LP Property Address: 220 Lane Monterrey Circle Violation(s): CO CH13 SEC 13 -16 Apply for and pass Business Tax Receipt inspection for rental property. Officer Pierre presented the case as contained in the Notice of Violation. Staff recommended a 10 -day compliance deadline of April 25, 2015, or a fine of $100 a day thereafter. Decision Seeing no one in the audience to respond, Ms. Ellis ordered the staff recommendation. 8 Meeting Minutes Special Magistrate Hearings Boynton Beach, Florida April 15, 2015 Case No. 15 -94 Peters 3377 N Federal Highway LLC Pawn or Cash Property' Address: 3377 S. Federal Highway Violation(s): LDR CH21 II SEC 3 Remove all unpermitted signs and banners, including flags. Officer Pierre presented the case as contained in the Notice of Violation. Staff recommended a 10 -day compliance deadline of April 25, 2015, or a fine of $100 a day thereafter. Decision Seeing no one in the audience to respond, Ms. Ellis ordered the staff recommendation. Case No. 15 -350 David Hargrove Property Address: 152 NW 11 Avenue Violation(s): CO CH10 SEC 10 -52 CO CH10 SEC 10 -56 (A) & (D) CO CH15 SEC 15 -120 (D) INC Remove outside storage, paint cans, buckets, trash and debris. Remove inoperable / unregistered Chevy Caprice, repair and paint soffits and fascia, and repair all broken windows. Jeff Shickles, Code Compliance Officer, presented the case as contained in the Notice of Violation. The Respondent was not a repeat violator. Staff recommended a 10 -day compliance deadline of April 25, 2015, or a,fine of $100 a day thereafter. Decision Seeing no one in the audience to respond, Ms. Ellis ordered the staff recommendation. Case No. 15 -35 Bilbar S. Kabdola, Sr. Property Address: 3243 Grove Road Violation(s): CO CH13 SEC 13 -16 Apply for and pass Business Tax Receipt inspection for rental property. Officer Weixler, Code Compliance Officer, presented the case as contained in the Notice of Violation. The Respondent was not a repeat violator. Staff recommended a 10 -day compliance deadline of April 25, 2015, or a fine of $100 a day thereafter. 9 Meeting Minutes Special Magistrate Hearings Boynton Beach, Florida April 15, 2015 Decision Seeing no one in the audience to respond, Ms. EIIis ordered the staff recommendation. Case No. 15 -37 Raymond R & Dennis J Carrier Property Address: 3245 Grove Road Violation(s): CO CH13 SEC 13 -16 Apply for and pass Business Tax Receipt inspection for rental property. Officer Weixler presented the case as contained in the Notice of Violation. The Respondents were not repeat violators. Staff recommended a 10 -day compliance deadline of April 25, 2015, or a fine of $100 a day thereafter. Decision Seeing no one in the audience to respond, Ms. Ellis ordered the staff recommendation. Case No. 15 -51 Lucienne & Fresnel Osiris Property Address: 3039 Grove Road Violation(s): CO CH13, SEC 13 -16 Apply for and pass inspection for Business Tax Receipt for rental duplex. Officer Weixler presented the case as contained in the Notice of Violation and noted the property was a duplex. Unit A was the 3039 Grove Address and Unit B, was the 3031 Grove Road address. The Respondents were not repeat violators. Staff recommended a 10 -day compliance deadline of April 25, 2015, or a fine of $100 a day thereafter. Decision Seeing no one in the audience to respond, Ms. Ellis ordered the staff recommendation. Case No. 15 -346 Rosemene Desile & Albert St. Victor Property 461 NE 26 Avenue Violation(s): CO CH14 SEC 14 -3 Remove white truck from property. Oversized vehicles are prohibited in single- family zones. Officer Weixler presented the case as contained in the Notice of Violation. There was an oversized vehicle on the property on two occasions. They were not repeat violators and the truck was removed. Officer Weixler requested a Cease and Desist Order and he explained the Cease and Desist Order to the Respondents earlier in the day. 10 Meeting Minutes Special Magistrate Hearings Boynton Beach, Florida April 15, 2015 Decision Ms. Ellis granted a Cease and Desist Order for the aforementioned violation with a $500 fine per occurrence effective April 16th. Officer Pierre recommended the following cases receive "No Fine ": Case No. Respondent Address 15 -45 Caixia Qiu 2581 SW 10 Court 14 -2400 Charles Herring Sr. 134 SE 8 Avenue 14 -2431 Eliseu Monteiro 815 SW 3rd Street 14 -792 Christa Jean 113 Arthur Court 15 -43 Caixia Qiu 2581 SW 10 Court 14 -2472 Salana LLC 130 NE 17 Court 14 -2732 Rodney Blake 2935 SE 1 Street 14 -2614 Glaston E. Sims 400 NW 8 Avenue 14 -2631 Vernon Thompson Jr., Trust 821 NE 1 Street Officer Pierre recommended Case No. 14 -1582 be tabled to May 20, 2015, and Case No. 14 -1289 be tabled to June 17, 2015. Officer Pierre read the following into the record: "The City was requesting that the fines be certified in the following cases. All the violators have been provided Notice of today's hearing, with Proof of Notice filed in the record with the Board Clerk. At this time, no one is present this morning for any of the cases / am requesting for certification at this time. All of the cases have been re- inspected and each case remains in non - compliance. The following cases are requested for certification at this time in the amount established by the Board in the Orders of Violation for each case, as set forth on the docket ": Case No. Name Address Amount per day 14 -947 Darryl & Dorothy Mitchell 1471 SW 26 $50 14 -2702 IH2 Property Florida LLC 2031 NW 1 Street $200 14 -2411 Federal National Mtge Assoc. 706 SW 27th Way $100 14 -2647 Joann Batey 130 NW 5 Avenue $100 14 -2711 BN Estates LLC 401 NW 13 Avenue $100 11 Meeting Minutes Special Magistrate Hearings Boynton Beach, Florida April 15, 2015 Decision Ms. Ellis ordered the lien certifications as stated by Officer Pierre. C. Lien Penalty Certifications Tabled — Irreparable Damages Case No. 15 -357 Yachtsman Properties LLC 1600 N. Federal Highway Officer Hart explained a Notice of Violation was issued February 11, 2015, pertaining to discharge by user to a public sewer of certain liquid or waste, grease and oil is prohibited. The case was tabled last month. It was noted irreparable damages could be certified from $1 to $15,000. Officer Hart explained there was a letter received in response to the violation which Ms. Ellis reviewed. Nothing was received from the Respondent. Officer Hart explained the violating tenant was evicted and the violation goes to the landlord. He was unaware of any earlier precedent. Ms. Ellis,received information from the City's Environmental Inspector Arsenio Elizondo opinion the Utilities Department. The inspector gave h is p inion based on the facts, Ms. Ellis read the following into the record: "The used cooking oil grease that was observed inside the storm drains in question at 1600 N Federal Highway, in all likelihood would decompose on site, but would unlikely impact any body of water. It would however have the potential to attract vermin, cause an odor nuisance and other unpleasant scenarios. The impact to the groundwater would in all likelihood be similar to the impact that used cooking oil grease inside a household septic tank system would have on the groundwater in its vicinity." Ms. Ellis _emphasized it was unlikely impact any body of water. There was no one present to comment and they did not present anything to negate or add to what was provided. Decision Ms. Ellis certified the lien. Given this opinion from the inspector and there is a range of fine to be.imposed, with no precedent, Ms. Ellis imposed a $10,000 fine, based on the fact it was unlikely there would be an impact on any body of water resulting from the dumping, of cooking oil. Had there been an opinion there would have been an impact, 12 Meeting Minutes Special Magistrate Hearings Boynton Beach, Florida April 15, 2015 the fine would have reflected that. The impact will only impact the immediate vicinity, not the entire community. VII. Conditional Release of Lien A. Approve the Recording of the Stipulated Agreement for Conditional Release of Lien for: 2861 N. Seacrest Boulevard. Ms. EIIis noted this was an agreement between the City and the seller and the buyer regarding 2861 N. Seacrest Boulevard. It indicates if the property is not brought into compliance, there will be a penalty of $250 a day, the buyer and seller signed . the agreement. Decision Ms. Ellis approved and signed the Agreement. 2201 S. Federal Highway The second stipulated agreement was between the City, Anon Patel, LLC, and Culinary Solutions, the buyer, regarding 2201 S. Federal Highway. The agreement has been signed by the buyer and seller. If the property is not brought into compliance within the period, a penalty of $200 a day will accrue. Decision Ms. Ellis approved and signed the Stipulated Settlement Agreement. B. Certification of Lien for Failure to Comply with Stipulated Agreement Yachtsman's Properties LLC 15 -792 sic (15 -791) & 15 -795 Ms. Springer explained this pertained to Yachtsman Properties located at 1515 and 1616 N. Federal Highway. They opened two new cases with a list of violations that did not comply: The agreement stipulated they were to comply by March 31, 2015, or pay a fine of $200 a day. The inspection occurred on March 31st, and there was list of items not in compliance. Accordingly, the City can impose a lien on the property without notice to the owner. 13 Meeting Minutes Special Magistrate Hearings Boynton Beach, Florida April 15, 2015 Decision Ms. Ellis 'noted there was no one present from Yachtsman property. Based on the information, they violated the agreement and the City was imposing a lien without further notice to the Respondent. VIII. Adjournment There being no further business to discuss, Ms. Ellis adjourned the meeting at 10:09 a.m. 0±kUUrvti- 01 Catherine Cherry Minutes Specialist 042115 14