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Minutes 12-16-15 MINUTES OF THE CODE COMPLIANCE /LIEN REDUCTION HEARINGS HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, ON WEDNESDAY, DECEMBER 16, 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 9:00 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. ID. Approval of November 18, 2015, Minutes with Corrections Ms. Ellis approved the minutes with the corrections noted for the November 18, 2015, hearing with following corrections: • Page 3 and 4 Case #15 -2020 the fine amount for order for all violations except smoke detectors should be $250.00 instead of $150.00 • Page 25 — Case #15 -2070 and 15 -2197 should appear under "New Business" • "VI — Old Business" should begin with "No Fine" cases IV. Approval of Agenda The following changes to the agenda were announced: Page 1, Case No. 15 -1864 is tabled for 30 days. Page 2, Case No. 15 -2206 complied. Page 16, Case No. 15 -2368 complied. Page 23, Case No. 15 -2319 complied. Page 34, Case No. 15 -2451 complied. Ms. Ellis approved the agenda. Ms. Springer called the roll and determined who was present. Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida December 16, 2015 V. New Business A. Cases to be Heard — Tabled (NONE) B. Cases to be Heard — New Case No. 15 -2057 Jimmy Benitez — Flores Vidal Property Address: 171 NE 17 Avenue Type of Property: Single- family home, unknown if it is homesteaded Violation(s): Section 4 -32, Leash law Section 4 -4, Manner of keeping Liz Roehrich, Animal Cruelty Investigator for Boynton Beach, presented the case, which originated as multiple citizen complaints with a pit bull running at large. It is not a repeat violator as far as the Code process. The initial contact was September 1, 2015, with a verbal warning and citations. Written notice was provided on September 14, 2015, giving three days to comply. Notice was sent Certified Mail on November 10, 2015. It was returned unsigned, and the property and City Hall were posted on November 24, 2015. Ms. Roehrich stated that the pit bull had been continually running loose on the property, and the dog owner was the prior owner of the property. Mr. Benitez, who is the current property owner of record, has never been seen, and the house appears to be vacant. It is used for storage for a lawn business. The dog has been chained since the citation. She showed photos of the dog being chained, and said he is chained at all times. Ms. Ellis received the photos into evidence, noting the photos were taken December 15, 2015, and there is a picture of the pit bull chained as described. No one was present to speak on the matter. Ms. Roehrich indicated the dog owner said the dog was there for guard dog purposes. Staff recommends a Cease and Desist order with at least a $250 per occurrence fine. Decision Ms. Ellis issued a Cease and Desist Order with a $250 fine per occurrence, effective immediately. Case No. 15 -2283 Savens Castelly, Marsha Joseph and Shirley Joseph Property Address: 611 NW 1 Avenue Type of Property: Single- family home, homesteaded Violation(s): Section 105.1, Florida Building Code, 2014 Edition, Boynton Beach 2 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida December 16, 2015 Amendments. A permit is required for the installation of the driveway apron. Officer Cain presented the case, which arose from a citizen complaint. The initial inspection date was October 15, 2015. It is not a repeat violator. Initial notice was October 15, 2015, and it was a written notice. Fourteen days were given to comply. The green card was signed but was not dated. Date of last inspection was December 15, 2015. Ms. Ellis reviewed the facts of the case, and was informed the owner planned to obtain a contractor to get a permit. Staff recommended 30 days or $100 per day. Savens Castelly, property owner, said he understood what needs to be done regarding the violation. He said he had been informed that since he did the work himself, he could not have gotten a permit. He has been looking for a contractor and has one who will meet with him on this day. Ms. Ellis suggested he update the City as to his progress. Decision Ms. ordered a 30 -day compliance date of January 15, 2016, or a fine of $100 a day thereafter. She recommended he update the City on his progress, especially if he needs more time. Case No. 15 -2395 Kenneth Hall Property Address: 110 SE 3rd Avenue Type of Property: Single- family home, homesteaded Violation(s): CO CH15 SECT 15 -120 (D) INC All vehicles must have current motor vehicle registration, license plate, or they must be removed from property. Officer Cain presented the case, which arose from a citizen complaint. The initial inspection date was October 28, 2015. It is not a repeat violator. Initial notice was October 28, 2015, and was a written notice. Fourteen days were given to comply. Proof of service was an undated green card. Date of last inspection was December 14, 2015. There are no safety hazards. Staff recommends 15 days to comply, or $100 a day. Kenneth Hall, property owner, asked for leniency. He said he is a long -time resident and former City employee. He explained he collects old cars and has had many on his property over the years which he removes and sells. Mr. Hall said he currently has three cars that are unlicensed, and has four cars that are licensed that he drives. He felt that haying to license and insure the three cars that are part of his collection was beyond the scope of reasonableness for his situation. Ms. Ellis reviewed the facts of 3 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida December 16, 2015 the case. Mr. Hall also said nobody from his neighborhood has ever complained about his cars. Ms. Ellis advised Mr. Hall that she did not have the authority to revise the Code, and he would need to go to his area's City Commissioner with his concerns about the Code. She said she would order a longer compliance date so that he might be able to resolve the situation with the City. She assured Mr. Hall that the City would not tow his cars away. Decision Ms. Ellis ordered a 30 -day compliance date of January 15, 2016, or a fine of $100 a day thereafter. Case No. 15 -2391 Armenian Cultural Association of America Property Address: 850 West Point Beach Boulevard Type of Property: Vacant lot Violation(s): LDR CH4, Article 8, Section 2A2 CH2O of the Building Code, 105.1.1 and 109.4 Approval and permits are required for clearing and grubbing land. Commencing work before permit issuance, penalty 4 times fee. Land development process shall be required. Officer Shickles presented the case, which was a City Department referral. The initial inspection date was October 27, 2015. This is not a repeat violator. Initial notice was issued on October 27, 2015, with 10 days to comply. Proof of service was posted on the property and City Hall December 4, 2015. The property was last inspected on December 15, 2015. City recommends 10 days with a compliance date of December 26, 2015, or $100 per day. Ms. Ellis reviewed the facts of the case. Albert Mazmenian, Chair of the Armenian Cultural Association of America (ACA), said the correspondence had been going to the previous Chair, who has been p 9 9 p deceased for two years. He was provided with a notice the prior day when his , landscaper found it on the land. He said he did not know the nature of the violation. Mr. Mazmenian gave a letter to Ms. Ellis, which told why he did not believe a permit was required for trimming exotic plants. Mr. Mazmenian provided business cards from two City officials who had informed him of that. Ms. Ellis stated there appeared to be a dispute of fact, and she wanted to research it. She asked Mr. Mazmenian to let the Officer know to whom he spoke. Officer Shickles then presented an email to Ms. Ellis. Ms. Ellis said she will get information from the individuals Mr. Mazmenian spoke with, and that would help her rule on the case. 4 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida December 16, 2015 Decision Ms. EIIis tabled the case for 30 days. Mr. Mazmenian was advised to update the name of the Chair and address with the Property Appraiser's office,. Case No. 15 -2398 Ana G. Orozco Property Address: 421 NW 2 Street Type of Property: Single- family home, homesteaded Violation(s): CO CH15 SECT 15 -120 (B2) and (D) • INC Mow and trim all overgrowth, grass and hedges and remove all unregistered and inoperable vehicles. Officer Shickles presented the case, which was a routine inspection. The initial inspection date was October 28, 2015. This is a repeat violator. Initial notice was issued on October 28, 2015, with 10 days to comply. Proof of service was posted on the property and City Hall December 4, 2015. The property was last inspected on December 15, 2015. City recommends 10 days with a compliance date of December 26, 2015 or $200 per day. Ms. Ellis reviewed the facts of the case. Officer Shickles said the mowing and trimming is complied, but there are two or three unregistered vehicles in the rear of the property. Ana Orozco, property owner, said they would take care of the vehicles. She said only two or three belonged to them; others were "project cars" with motor work being done on them. She was unaware they needed to be registered. She asked for more time to work on them, since she would not have a day off until after December 25, 2015. Ms. EIIis stated that since she is a repeat violator, she could not give additional time to comply. Decision Ms. Ellis ordered a 10 -day compliance date of December 26, 2015, or a fine of $200 a day thereafter. Case No. 15 -1960 RHA 2 LLC Property Address: 117 S Atlantic Drive Type of Property: Single- family home, non - homesteaded Violation(s): CO CH13 SECT 13 through 16 CO CH15 SECT 15 through 120 (D) INC 5 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida December 16, 2015 2014 Business Tax has expired. Pass the inspection for the new Business Tax receipt. Please mow and trim all overgrowth, remove all outside storage. Repair screen in the carport. Sod and seed, or seed dead spots on the lawn. Officer Weixler presented the case, which was a routine inspection. The initial inspection date was August 25, 2015. This is a repeat violator. Written notice was issued on August 25, 2015, with 10 days to comply. Date of notice sent Certified Mail October 29, 2015, and the green card was received November 12, 2015. Date of notice was sent regular mail August 25, 2015. The property was last inspected on December 15, 2015; the mow and trim and outside storage have been complied. Screen still remains to be fixed and the sod or seed needs to be taken care of. City recommends 15 days with a compliance date of December 31, 2015 or $250 per day. Ms. Ellis reviewed the facts of the case. The owner has made application for the Business Tax Receipt, but is waiting for the inspection. Officer Weixler stated that they have not had a Business License for the whole year, claiming the presence of squatters on the property has delayed them. David Fernandez, representing the company in Florida as a Construction Manager, said they were unable to remove the squatters by law and then take care of the violations, but now they have left. They are currently working on the items, and they will arrange to go inside the house in the next week. They plan to renovate the house and put new renters in. Mr. Fernandez said they will comply with the immediate violations. Decision Ms. Ellis ordered a 15 -day compliance date of December 31, 2015, or a fine of $250 a day thereafter. Case No. 15 -2325 J S Ende Family Limited Partnership Property Address: 2900 Highridge Road Type of Property: Commercial, Zoning M -1 Light Industrial Violation(s): CO CH15 SECT 15 -120 (D) INC LDR CH3 ART 4 SECT 3 (D) B.B. marble and granite removal outside storage from the parking spaces. Remove all discarded wood pallets and excessive trash and debris. Officer Weixler presented the case, which was a citizen complaint. The initial inspection date was October 19, 2015. This is not a repeat violator. Written notice was issued on 6 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida December 16, 2015 October 19, 2015, with 10 days to comply. Date of notice was sent Certified November 2, 2015. A signed green card was received November 5, 2015. The old owner's case was No. 14 -2721, which was closed; and a new case was started, No. 15 -2325 (this case). The last inspection was December 15, 2015. City recommends a 10 -day compliance date of December 26, 2015 or $250 per day. All violations are still outstanding. Officer Weixler continued, saying that Mr. Ende mentioned that he had fine certification for 2014. He owns the property at 6600 and spent two years trying to remedy the violations and finally complied the case. Mr. Weixler requested tabling the lien certification because as of December 15, 2015 the situation was resolved and because he purchased 2900 Highridge Road, which is this case and the next two. He diligently tried to correct the other situation. Ms. Ellis agreed to table the lien certification case for 30 days (Case No. 14- 1289). Krishna Ramwanan, with J S Ende FLP, owners of the property, said he purchased the property on July 31, 2015, and it takes time to get engineers to do the planning. Officer Weixler said there have been multiple complaints from other tenants of the building that parking spaces are being taken up by marble storage. He said the marble and granite problem has been ongoing for two years, and the owners were well aware of the problem. Minor site plan modification is needed if they want to use some space for marble storage. Officer Weixler said 10 days is adequate and showed photos. Mr. Ramwanan said when they purchased the building in July there were no permits or liens on the building. However, they then received violations. He said Boynton Beach Marble was aware of the violation and came to him three weeks ago to see if they could get a site modification on the property to resolve the issue. The marble company has not communicated back to them yet. Mr. Ramwanan said they have made it more difficult for him to resolve many matters, and he has been trying without success to get them to move the marble. Decision Ms. Ellis ordered a 10 -day compliance date of December 26, 2015, or $250 a day. Case No. 15 -2405 J S Ende Family Limited Partnership Property Address: 2900 Highridge Road Bay 6 Type of Property: Commercial, Zoning M -1 Light Industrial Violation(s): CO CH13 SECT 13 -16 CO CH15 SECT 15 -120 (D) INC CO CH10 SECT 1056 (D) 7 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida December 16, 2015 105.1 FBC 2014 Edition of the Boynton Beach Amendments Suncore Industries Florida LLC, tenant in Bay No. 6 working without a current Boynton Beach Tax Receipt License. They installed a slab and air compressor, new door, rack system without a permit. An access road was created on the property without approval or permit. Parking lot for entire 2900 Highridge Road was resealed and re- striped without a permit. Trash and debris on property. Crack in sidewalk needs repair. Officer Weixler presented the case, which was a City Department referral. The initial inspection date was October 28, 2015. Mr. Weixler walked the property with Development Director Andrew Mack, who noted all violations. Written notice was issued on October 28, 2015, with 10 days to comply. The property was posted on November 25, 2015. Date of last inspection was December 25, 2015. There is a health and safety hazard. Mr. Weixler stated they penetrated a firewall when they poured the slab. The City recommends a 10 -day compliance date of December 26, 2015, or $500 a day. Krishna Ramwanan, with J S Ende FLP, owners of the property, said they moved Suncore into Bay 6 and they are waiting for the engineer's drawings for a racking permit. He expects that within two weeks. He paid for the Business Tax Receipt for L both entities, Suncore and the automotive company. He said he was unaware they needed a permit for the slab, and he stopped production when he found out. The engineer will work on the slab drawings after he finishes the racking system. Regarding the access road, he said it is "more of a walkway," and he was unaware a permit was needed. The walkway is between two buildings that they own, but they will work on a permit for it. He also did not know a permit was needed for resealing and re- striping the parking lot and will have the engineer work on that permit. He had cameras installed and a gravity lock on the containers to reduce dumping on the property. Decision Ms. Ellis ordered a 30 -day compliance date of January 15, 2016, or $500 a day. Ms. Ellis stated that for the following cases, no one from the public was present to comment and she would approve the City recommendation: Case No. 15 -2480 Rose Picker Tr. - Barmer Enterprises LLC 8 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida December 16, 2015 Property Address: 270 N. Congress Avenue /Boynton Beach Boulevard Decision Ms. Ellis ordered a 10 -day compliance date of December 26, 2015, or $50 a day. Case No. 15-2361 Marc Schoen & Junya Schoen Property Address: 102 SE 9 Avenue Decision Ms. EIIis ordered a 15 -day compliance date of December 31, 2015, or $100 a day. Case No. 15 -2390 Ventures Trust 2013 1 H R Property Address: 94 Greenbriar Drive Decision Ms. EIIis ordered a 15 -day compliance date of December 31, 2015, or $100 a day. Case No. 15 -2408 Kathleen Bayne Property Address: 137 SE 12 Avenue Decision Ms. EIIis ordered a 10 -day compliance date of December 26, 2015, or $250 a day. Case No. 15 -2210 Bernice Potter Property Address: 1641 NW 3rd Lane Decision Ms. EIIis ordered a 15 -day compliance date of December 31, 2015, or $100 a day. Case No. 15 -2321 Vaide Mondesir Property Address: 413 NE 14 Avenue Decision Ms. EIIis ordered a 10-day compliance date of December 26, 2015, or $100 a day. p Case No. 15 -2350 Willie M. Owens Property Address: 201 NE 14 Avenue 9 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida December 16, 2015 Decision Ms. Ellis ordered a 10 -day compliance date of December 26, 2015, or $50 a day. Case No. 15 -2353 Dreamway House LLC Property Address: 414 N Seacrest Boulevard Decision Ms. Ellis ordered a 30 -day compliance date of January 15, 2016, or $100 a day. Case No. 15 -2358 Shuki Geter LLC Property Address: 203 NE 21 Avenue Decision Ms. Ellis ordered a 15 -day compliance date of December 31, 2015, or $100 a day. Case No. 15 -2366 Edrica Miller Property Address: 2020 NE 1 Lane Decision Ms. Ellis ordered a 10 -day compliance date of December 26, 2015, or $100 a day. Case No. 15 -2406 Inlet Plaza Property Address: 1808 N Federal Highway Decision Ms. Ellis ordered a 15 -day compliance date of December 31, 2015, or $300 a day. Case No. 15 -2435 Live Oak Park LLC Property Address: 226 Gateway Boulevard Decision Since he was a repeat violator, Ms. Ellis ordered a 10 -day compliance date of December 26, 2015, or $200 a day. Case No. 15 -2436 Miracien Pierre Property Address: 510 Gateway Boulevard 10 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida December 16, 2015 Decision Ms. Ellis ordered a 10 -day compliance date of December 26, 2015, or $100 a day. Case No. 15 -2491 Gerald Fasolo Property Address: 1503 NE 4 Court Decision Ms. Ellis ordered a 10 -day compliance date of December 26, 2015, or $200 a day. Case No. 15 -2506 Vanity Roker Property Address: 131 NE 15 Avenue Decision Ms. Ellis ordered a 7 -day compliance date of December 23, 2015, or $100 a - day. Case No. 15 -2306 Southern Homes of Palm Beach V Property Address: 3103 S Federal Highway Decision Ms. Ellis ordered a 10 -day compliance date of December 26, 2015, or $100 a day. Case No. 15 -2462 Fetlar LLC Property Address: 146 SE 27 Way Decision Since it was a repeat violator, Ms. Ellis ordered a 10 -day compliance date of December 26, 2015, or $200 a day. Case No. 15 -2474 Edward A. Marvinney Property Address: 8130 Mystic Harbor Circle Decision Ms. Ellis ordered a 10 -day compliance date of December 26, 2015, or $100 a day. Case No. 15 -2477 Aladino Ulloa Property Address: 763 Meadowbury Drive Decision 11 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida December 16, 2015 Ms. Ellis ordered a 10 -day compliance date of December 26, 2015, or $100 a day. Case No. 15 -2504 Morguard Boynton Town Center Inc. — Mattress One Inc. Property Address: 600 N Congress Avenue Decision Since it was a repeat violator, Ms. Ellis ordered a 10 -day compliance date of December 26, 2015, or $200 a day. Case No. 15 -2516 Mountain West IRS INC FBO Property Address: 111 SE 35 Avenue Decision Ms. Ellis ordered a 15 -day compliance date of December 31, 2015, or $100 a day. Case No. 15 -2337 Jude St. Felix & Jacqueline Telamour Property Address: 727 W. Ocean Avenue Officer Shickles stated this was the ninth violation since April 19, 2013, for unregistered and inoperable vehicles on property. Decision Since it was a repeat violator, Ms. Ellis ordered a Cease and Desist, effective immediately, with a $500 a day occurrence. Case No. 15 -2343 Michael M. Ghrayeb Property Address: 918 NW 1 Street Decision Ms. Ellis ordered a 10 -day compliance date of December 26, 2015, or $200 a day. Case No. 15 -2378 Annie Clark Jones Property Address: 314 NW 3rd Street Decision Ms. Ellis ordered a 10 -day compliance date of December 26, 2015, or $200 a day. 12 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida December 16, 2015 Case No. 15 -2461 Marie G. Joseph ; Property Address: • 125 SE 31 Avenue Decision Ms. Ellis ordered a 10 -day compliance date of December 26, 2015, or $100 a day. VI. Old Business A. Lien Penalty Certifications — Tabled Case No. Respondent 15 -1631 Broadtree Homes Florida LLC 15 -1590 Lakhmichand N. Kalra Trust Holder i Ms. Ellis ordered the above two cases tabled to January 20, 2016. Officer Pierre stated that the following will be certified as "No Fine." Case No. Respondent 15 -1366 Harry Schmid & Rebecca Schmid 15 -1726 Howard Brown 15 -1728 Willie J. Morrell Est. Ms. Ellis ordered the above cases be certified no fine. B. Lien Penalty Certifications — New Case No Respondent 15 -1767 Jimmi Reed & Lillian E. Reed Ms. Ellis ordered the above case be tabled to January 20, 2016. Case No. 15 -1387 Katharyn A. Chick Property Address: 145 SW 7 Avenue Violation(s): CO CH15 SECT 15 -120 (D) INC Please install sod in yard. Define and repair driveway. Officer Cain presented the case. Notice of violation was June 12, 2015. Magistrate hearing date was August 19, 2015, and no one appeared. Compliance date was set at September 18, 2015 or $100 a day. Violation still exists. Last inspection was 13 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida December 16, 2015 December 14, 2015. The violation has existed for 88 days of non - compliance at $100 per day plus administration fees of $634.12. Ms. Ellis reviewed the facts of the case. Katharyn Chick, owner of property, said the driveway was repaired two days ago. She asked her lawn maintenance person if she should re -sod and was informed there was no point because the weeds would come back. She presented photos and Officer Cain presented photos. Ms. Ellis said there was a discrepancy between what Ms. Chick and Officer Cain said is finished, and she examined the photos. Officer Cain said he took photos on December 14, 2015, which showed she had not complied by the date. He said that the stain that was put on the driveway did not correct the issue — the driveway is cracked. Ms. Chick said it was filler and sealant, not stain. Ms. Ellis believed it was still cracked, based on the photos. Officer Cain said that was not sod in the photos, they were weeds. Decision Ms. Ellis certified the fine and advised Ms. Chick that she has an opportunity to get the lien reduced or removed by making application with the City. Case No. 15 -1910 Rosena Estella Property Address: . 514 NE 2 nd Street Violation(s): CO CH13 SECT 13 -16 CO CH10 SECT 10 -52 CO CH15 SECT 15 -120 (D) INC Apply for and pass inspection for Business Tax Receipt license. Mow and trim property. Remove all unregistered and inoperable vehicles. Remove outside storage and trash and debris Officer Shickles presented the case. Notice of violation date was August 15, 2015. The Magistrate hearing date was October 21, 2015, and no one appeared. Compliance date was set of October 31, 2015 or $100 a day. The property was inspected on December 15, 2015, and the violation still existed. There have been 45 days of non - compliance at , $4,500 plus administrative fees of $634.12. The daughter lives on the property, so the Business Tax Receipt license is unnecessary. The Trailblazer has been removed, cars are in compliance. The only item not in compliance is the mow and trim. Rosana Estella, owner, said she cut the grass on December 15, 2015,, and showed photos. Officer Shickles requested one day to let him inspect, as the mow and trim applies to the entire property and the photo only showed the front. 14 ■ Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida December 16, 2015 Decision Ms. Ellis said if Ms. Estella does not pass the inspection on December 16, 2015, the fine will stand. Case No. 15 -1947 Makenson Charles Property Address: 152 SE 38 Avenue Violation(s): CO CH15 SECT 15 -120 (D) INC\ Remove all debris from the front and the rear property. Sod bare spot in yard. Remove refrigerator from property. Officer Pierre presented the case. Notice of violation date was August 21, 2015. The Magistrate hearing date was October 21, 2015, and no one appeared. Compliance date was set of October 31, 2015 or $100 a day. The violation still exists. There have been 45 days of non - compliance plus administrative fees of $634.12. Jackson Charles, brother of the owner Makenson Charles, said they started removing some debris in the rear, and are working on the bare spot in the yard. He asked for two or three months to comply. Ms. Ellis reviewed the facts of the case, noting the work should not take that long and extensions have already been given going back to August. Decision Ms. Ellis certified the fine because nothing has been done. She advised Mr. Charles he would have the opportunity to get the lien reduced if he makes application to the City. Case No. 15 -1172 Tina Rui Fan & Bin Liang Property Address: 114 NW 6 Street Type of Property: Single- family home, non - homesteaded Violation(s): CO CH13 SECT 13 —16 CO CH10 SECT10 -52 CO CH15 SECT15 -120 (D) INC and B (2) INC Apply for and pass inspection for a Business Tax Receipt License for your rental property. Mow and trim property including swale area. Remove all unregistered inoperable vehicles, and remove outside storage of car parts. Officer Shickles presented the case. Notice of violation was sent on May 7, 2015. The Magistrate Hearing date was October 21, 2015. This is not a repeat violator. Bin Liang 15 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida December 16, 2015 responded and appeared. A compliance date of October 31, 2015 was set. Fine proposed by Magistrate was $100 a day; the property was inspected December 15, 2015, and the violation still exists. The number of days of non - compliance was 45 at $4500 plus administrative costs of $634.12. Ms. Ellis reviewed the facts of the case. Officer Shickles said everything was complied, but when he did the rental inspection he noticed that the back garage has been converted to a. bedroom. He cited the owner to obtain permits to convert the garage into a living space. He cannot get his Business Tax Receipt until that is done. Mr. Liang, property owner, said he had already complied for the original case. He said he spoke with the tenant who was in the garage and the tenant has moved everything out into storage. Nobody is living in the garage anymore. He had already given the tenant two months' notice for him to find a place to move to. He has applied for the Business Tax Receipt, but wanted to convert to the normal residential. Mr. Liang stated he would check back in on December 31, 2015, to make sure everything was as it should, be. A tenant is still living on his property. Ms. Ellis explained the process for obtaining a Business Tax Receipt. Decision Ms. Ellis certified the fine. She advised Mr. Liang that if he gets the tenants out of the property, he can request that the lien be removed from the property. Officer Pierre stated that the following will be certified as "No Fine." Case No. Respondent 15 -2105 Marlon Devall 15 -1768 Encarnacion Figueroa &Maria aria Figueroa 15 -1776 Bibi Alli 15 -1792 Florida Investment & Trade LLC 15 -1794 Aspen 1020 West Industrial LLC 15 -1797 Michael Marshall & Mary Marshall 15 -1798 Daniel Jacques Trust 15 -1803 Boynton Business Park LLC 15 -1'473 Maria M. Medina 15 -1954 Michael K. Tam 15 -411 Lola Cariello 15 -1409 JDR Landscaping Plus Ms. Ellis ordered no fines for the above mentioned cases. mentioned by the City. - -- - 9 16 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida December 16, 2015 Ms. Ellis ordered the fines on the above cases be certified. Officer Pierre read the following into the record: "The City was requesting that the fines be certified in the following cases. All the violators have been provided Notice of today's hearing, with Proof of Notice filed in the record with the Board Clerk. At this time, no one is present this morning in Chambers for any of the cases 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, with the amount as set forth on the docket Case No. Respondent 15 -1818 Carrie M. Terranova — Women in Recovery Inc. 15 -1870 Patricia J. Hoffman Trust 15 -1790 Aspen 1020 West Industrial LLC 15 -1795 Lloyds of Boynton Beach Inc. 15 -1874 Daniel Jacques 15 -785 Andrea Mendler Yekuyiel — Charles Adams 15 -1848 IH2 Property Florida LP 15 -1919 John Virgil 15 -1921 ILU Properties LLC 15 -2007 Bernice Potter Ms. Ellis ordered the fines on the above cases certified. C. Lien Penalty Certifications — Cease & Desist Case No. Respondent 13 -1613 Gerald Fasolo Ms. Ellis certified the fines for the aforementioned cases. for one occurrence of a violation of the Cease and Desist order plus administrative fees. D. Nuisance Abatement Case No. Respondent 15 -693 Pedro F. Trevino Property Address: 2322 NE 3rd Street 17 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida December 16, 2015 Ms. Ellis noted no one was .present and ordered a Nuisance Abatement for Case No. 15 -693. E. Lien Reductions Case No. 15 -948 Colfin AH Florida 7 LLC Property Address: 8057 Tangelo Drive Violation(s): CO CH13 SECT 13 —16 Apply for and pass inspection for Business Tax Receipt for rental property. Ms. Springer presented the case. Notice of violation was sent on April 22, 2015. The Code hearing was on June 17, 2015, and no one appeared. Compliance date and fine set was June 27, 2015 or $100 a day. Case came into compliance on November 14, 2015; there were 129 days of non - compliance at $100 a day for a total fine of $12,900 plus administrative fees of $634.12. When they called for the lien reduction inspection, the inspector went out and there was nothing that had to be done on the property. Melissa Tom, Project Manager with Colony American Home, stated they are seeking reduction. The home is in compliance, and they had residents in the home, which goes through a different department. It has been a "revolving door" on the property management side. She met with Pat Hart, and she said everything was in great condition. They have invested over $38,000 into the property. They have already submitted the application for the 2016 Business Tax Receipt and paid the fees. Decision Based on the presentation by the City and the respondent, Ms. Ellis reduced the $12,900 lien to $1,500 plus administrative costs. Case No. 10 -2797 Bank of America Property Address: 7 Hawthorne Lane Violation(s): CO CH10 SECT 10 -51.5 INC Property in foreclosure must be registered and maintained in accordance with the Property Maintenance Regulations as adopted by the City of Boynton Beach. Ms. Springer presented the case. Notice of violation was sent on September 21, 2010. It came before the Code Board on November 17, 2010, and no one appeared. Compliance date and fine set was November 27, 2010 or $150 a day. Case came into compliance on April 18, 2011; 141 days of non - compliance at $150 a day for a total fine of $21,150 plus administrative costs of $538.09. This property had no violations on it. It 18 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida December 16, 2015 J went for lien reduction inspection, but they did have to pay a municipal lien of $1,260.39 and an outstanding water bill of $49.74. Brett Troskey, PBL One LLC, owners of the property, said it was a failure on Bank of America's part to comply with Code, and had nothing to do with them. They bought the house at auction and paid an outstanding water bill of $4,000 plus the $49.74 mentioned. They also paid the City twice for grass mowing. They are seeking a reduction or dismissal of the fine. Ms. Ellis stated that when purchasing a property at auction, the buyer takes it subject to whatever is there on title. Mr. Troskey said that City staff confirmed the two mowings, but said the balance was under $1,000. He said he purchased the property for approximately $150,000, and the market value is in the range of $185,000 to $225,000. Decision Based on the testimony, Ms. Ellis reduced the $21,150 lien to $2,000 plus administrative costs of $538.09. Mr. Troskey asked if they could reduce it further, and he was advised they could appeal to the City Commission, but that is a long process and the Commission typically agrees with the Magistrate's decision. Ms. Springer explained how the Magistrate arrives at the reduction. Case No. 06 -1366 Liliang Yang & Xiu Juan Dong Property Address: 240 N Congress Avenue Violation(s): CO CH15 ART 9 -15 -120 (D) 1 INC Part 3 of the LDR, CH7.5 to SECT 5 (B) CH21 ART 1 SECT 13 Return landscaping to what appears on the original site plan. Repair sprinkler system. Replace bushes, trees, hedges, and grass and repair the sign. Permit required. Ms.Springer presented the case. Notice of violation was sent on June 1, 2006. It came before the Code Board on August 16, 2006, and no one appeared. Compliance date and fine set was September 15, 2006 or $50 a day. Case came into compliance on November 2, 2015, with 3,334 days of non - compliance at $50 a day for a total fine of $166,700 plus administrative costs of $922.21. There was nothing needed to be done for lien reduction. Water bills and taxes are paid, and the property was in compliance. Ms. Ellis reviewed the facts of the case. Jesse, family member of the owner of the property, said he represented the family since they do not speak English. He said they purchased the property in 2006, and 19 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida December 16, 2015 received a violation because of damaged landscaping. He said the violations were not known to them, but to the neighbor. They did the work together. When they finished, they called the City, and thought they were done. When they went to refinance the property to get a lower interest rate, they became aware of the lien. Jesse said he still had receipts from the 2006 landscaping. Ms. Ellis asked what the value of the property was, and he thought it was approximately $800,000. Ms. Springer stated that all the certified mail that was sent to them was signed and returned, and it probably came through the City Forester. He was the one who went to the property when they brought it into compliance. She showed photos of the complied landscape. Jesse said the photo accurately reflected their property, noting they recently made more improvements. Ms. Ellis asked if they had ever had any other violations in the City regarding the property and was informed they had been before the Court the previous month for the irreparable damage case, when it was found there was no irreparable damage. Decision Based on the testimony, Ms. Ellis reduced the lien to $5,000 plus administrative costs of $922.21. Case No. 96 -4897 George W. & Angela M. Healey Property Address: 428 NE 20 Avenue Violation(s): CO CH15 ART 9 -15 -124.1 (A) and (D) Install grass seed or sod in yard and swale areas. Remove trash and debris. Ms. Springer presented the case. Notice of violation date was September 6, 1996. It came to the Code Hearing on June 18, 1997, and no one appeared. Compliance date and fine set was July 14, 1997 or $25 a day. Case came into compliance on September 3, 2009, with 4,433 days of non - compliance at $25 a day for a total fine of $110,825 plus administrative costs of $1,018.24. The property was inspected and was satisfactory for lien reduction; there were no outstanding bills. Ms. Springer said there are five violations on the property; the others are under the name of Connie M. Carrier. Ms. Springer stated that the people here today for this case are not the original owners (not the Healeys). The City was first contacted in 2009, when Jerome Carrier quit- ; claimed the property over from his mother in order to bring it into compliance. It took almost a year to clean up, and both she and Mr. Carrier have photos. Unbeknownst to the Carriers, when they quit - claimed the property, they got the liens. Ms. Springer showed the "before" photos to Ms. Ellis. 20 • Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida December 16, 2015 Jennifer Carrier stated that Connie Carrier is her mother -in -law, and her husband (Jerome's) grandparents were the Healeys, who never lived in the home but allowed Connie Carrier to live in the home for years. Connie Carrier was not in compliance with the City of Boynton Beach and also did not believe in paying taxes. Connie Carrier was set to be evicted by the City, and the house was going to be auctioned. When Connie Carrier asked Jennifer and Jerome Carrier to pay the taxes, they paid over $7,000 in back taxes. Since Jennifer and Jerome lived in Kentucky, they requested that the house be quit - claimed over to them before they would pay the taxes. Jennifer Carrier continued that they wanted to get the house out of the situation it was in. When they took the house over, they brought their children for nine months and cleaned up the property. There were unpaid utility bills in the house, and they had to pay those and get permits. They took their savings (since her husband had been laid off) and moved to Boynton Beach and worked on the house. Ms. Ellis asked if they are currently living in the house, and Jennifer Carrier said they are back in Kentucky; a lady with two daughters has lived on the property for six years. All of the police calls and violations have stopped. She said their Business Tax Receipt has been up to date since they obtained it; taxes are always paid by November 30 each year. Ms. Carrier said the assessed value of the house is $39,000 and they put at least $45,000 into repairs and paid the back taxes. Decision Ms. Ellis reduced the lien to the administrative costs of $1,018.24. Case No. 03 -1089 Connie M. Carrier Property Address: 428 NE 20 Avenue Violation(s): CO CH15 ART 9 -15 -120 (D) 1 INC Remove unregistered and inoperable vehicles, boats, and trailers. Remove all loose trash. Sod all bare areas in yard and swale. Ms. Springer presented the case. Notice of violation date was April 7, 2003. It came to the Code hearing on July 16, 2003, and no one appeared. Compliance date and fine set was August 15, 2003 or $25 a day. Case came into compliance on July 3, 2009, with 2,210 days of non - compliance at $25 a day for a total fine of $55,250 plus administrative costs of $730.15. Ms. Springer said the photos she had presented earlier showed numerous vehicles on the property. One of Jerome Carrier's brothers had a car repair business illegally running, at the property; there were car parts, derelict vehicles, etc. There was constant police activity at the property. Since Jerome and Jennifer Carrier took over, the police have not had to go out to the property. 21 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida December 16, 2015 Decision Ms. Ellis reduced the lien to the administrative costs of $730.15. Case No. 04 -1222 Connie M. Carrier Property Address: 428 NE 20 Avenue Violation(s): CO CH15 ART 9 -15 -120 (D) 1 INC CO 20 -6 Remove trash and debris and remove unlicensed and inoperable vehicles. RV must be running and have a current tag and must be parked on a hard surface. Sod yard and swale. Ms. Springer presented the case. Notice of violation was sent on June 2, 2004. It came to the Code hearing on July 20, 2004, and no one appeared. Compliance date and fine set was August 20, 2004 or $150 a day. Case came into compliance on September 3, 2009, with 1,839 days of non - compliance at $150 a day for a total fine of $275,850 plus administrative costs of $730.15. Jennifer Carrier stated they removed three RV's, some type of camping van, and many vehicles. Decision Ms. Ellis reduced the lien to the administrative costs of $730.15. Case No. 06 -1134 Connie M. Carrier Property Address: 428 NE 20 Avenue Violation(s): CO ART 2 SECT 10 -24 (A) 1 CO CH15 ART 9 -15 -120 (D) INC and (E) INC Remove inoperable automobiles, trailers, auto parts, trash, debris from property and swale areas. Cease dumping on adjacent property to the west. Occupancy of RV is not allowed. Repair and paint fascia. Cease auto repair, which is not allowed in the Zoning District. Bulk trash placement not allowed more than 24 hours before pickup day. 22 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida December 16, 2015 Ms. Springer presented the case. Notice of violation was sent on May 8, 2006. It came to the Code hearing on June 20, 2006, and no one appeared. Compliance date and fine set was July 1, 2006 or $100 a day. Case came into compliance on September 3, 2009, with 1,159 days of non - compliance at $100 a day for a total fine of $115,900 plus administrative costs of $634.12. Decision Ms. Ellis reduced the lien to the administrative costs of $634.12. Case No. 07 -1537 Connie M. Carrier Property Address: 428 NE 20 Avenue Violation(s): CO CH15 ART 10 SECT 15 -121 - 124 It is unlawful for anyone registered as a sexual predator or sexual offender under the laws of the State to establish a permanent residence or temporary residence within 2,500 feet of any school, designated public school bus, day care center, playground, or any other park playground or any 'other place where children regularly congregate. Ms. Springer presented the case. Notice of violation date was May 23, 2007. It came to the Code hearing on June 28, 2007, and Connie Carrier and Mario Carrier appeared. Compliance date and fine set was August 12, 2007 or $25 a day. Case came into compliance on December 12, 2007, with 121 days of non - compliance at $25 a day for a total fine of $3,025 plus administrative costs of $634.12. Mario Carrier is Jerome Carrier's brother. He lived at this property all his life and then moved. During the interim, the ordinance came into effect in 2007. When he moved back, he was cited that he had to leave, even though he had resided there before. As soon as he had to re- register with FDLE??, at that same address, he was in violation of the Code. He stayed there until the compliance date because his mother and wife testified that they were not going to find another apartment. The wife planned to live with Connie Carrier at that address, while Mario was incarcerated. The date he was taken to jail resulted in the case complying. negative, Ellis asked if Mario was still incarcerated, and Ms. Springer replied in the g ative , saying she spoke with him. He is living in the Kentucky area near Jennifer and Jerome Carrier and "doing well." Decision 23 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida December 16, 2015 Ms. Ellis reduced the lien to the administrative costs of $634.12. Case No. 14 -2026 Bank of New York Mellon Property Address: 2639 SW 7 Street Violation(s): CO CH10 SECT 10 -51.5 INC Property in foreclosure must be registered. Repair roof. Permit required. Ms. Springer presented the case. Notice of violation was sent on August 27, 2014. It came to the Code hearing on November 19, 2014; Mark Roderman, on behalf of Bank of New York Mellon appeared. Compliance date and fine set was December 19, 2014 or $200 a day. Case came into compliance on July 31, 2015, with 223 days of non- compliance at $200 a day for a total fine of $44,600 plus the administrative cost of $634.12. The City was first contacted in August of 2015 for a lien reduction inspection, and the property had some violations that needed to be repaired: replace driveway, repair or replace all rotted wood, replace broken windows, repair sprinkler system, sod yard, repair Florida room, repair the fence, and paint the house. The property was . re- inspected on November 23, 2015 and was in total compliance for lien reduction. Bernadine Jones, property manager for the new owner Prodigy Capital, said they purchased the property in June of 2015. Ms. Jones stated they inherited the lien from the bank, that had it in compliance within 30 days. They purchased it for $155,000; she said she had all of her invoices for the nearly $51,000 renovations. The market value is in the low $200,000s. Ms. Springer presented photos of the renovated property. Decision Based on the testimony, Ms. Ellis reduced the lien to $2,000 plus the administrative cost of $634.12. Case No. 05 -2487 Jason E. Robinson & Robert R. Mattel Property Address: 615 NW 4 Street Violation(s): CO CH15 ART 9 -15 -120 (D) INC CO CH10 ART 2 SECT 10. -24 (B) 1 Florida Building Code 01 Edition, Boynton Beach Amendments 104.1.1 Obtain permit for doors and 'windows. Cut hedge on 6 Avenue side. Remove horticultural debris. 24 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida December 16, 2015 Ms. Springer presented the case. Notice of violation was sent on October 13, 2005. It came before the Board on December 21, 2005; Jason Robinson appeared. Compliance date and fine set was June 20, 2006 or $25 a day. There were two orders: this was only for the second order. (The first order complied.) Case came into compliance on May 28, 2015, with 3,263 days of non - compliance at $25 a day for a total fine of $81,575 plus administrative costs of $730.15. Ms. Springer said he) had to repair the house numbers on the house for lien reduction, and had to pay the outstanding property taxes from 2008 and 2015. Jason E. Robinson said he thought the taxes were for 2008 and 2014. He said everything came into compliance years ago, but did not have it inspected until recently because that is when he finally got time to do so. The house was beginning to get cleaned up when he got a hardship permit and got his water and electric turned back on (about three years ago). Violations went on for years because he worked out of the country or the city most of the time. He lives across the street from the property and bought it for his parents to live in (which did not come to pass — only one came to live there). Mr. Robinson asked for leniency because the fines were inherited and were for nothing that was "earth- shattering." He said he has paid up to $15,000 for containers, but never got to use them because others in the neighborhood filled them up first. Mr. Robinson said when his father died, he decided he wanted to sell the house. When he got a contract on the house, he came into compliance by getting inspections. Ms. Springer stated that the case originated in 2005; the date of the permit was 2008. An email from Shane Kittendorf, the Building Official, said that he performed the final inspection for Permit no. 08 -1812 on May 28, 2015. Decision Based on the testimony, Ms. EIIis reduced the lien to $1,000 plus the administrative cost of $730.15. Case No. 06 -1413 Jason E. Robinson & Robert R. Mattei Property Address: , 615 NW 4 Street Violation(s): CO CH15 ART 9 -15 -120 (D) INC Remove trash and debris and mow overgrown property. Ms. Springer presented the case. Notice of violation was sent on June 6, 2006. It came to hearing on August 16, 2006; Jason Robinson appeared. Compliance date and fine set was August 26, 2006 or $100 a day. The case came into compliance on October 22, 2007, with 421 days of non - compliance at $100 a day for a total fine of $42,100 plus administrative costs of $826.18. Ms. EIIis reviewed the facts of the case. 25 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida December 16, 2015 Decision Ms. Ellis reduced the lien to $500 plus the administrative cost of $826.18. ' J Case No. 15 -382 E & A Sunshine LLC — Prime Communications LPME Property Address: 1627 S Federal Highway Violation(s): CO CH13 SECT 13 -16 Operating business without a current Business Tax Receipt. Ms. Springer presented the case. Notice of violation was sent on February 13, 2015. It came to hearing on August 19, 2015; no one appeared. Compliance date and fine set was August 29, 2015 or $100 a day. The case came into compliance on November 13, 2015, with 75 days of non - compliance at $100 a day for a total fine of $7,500 plus administrative costs of $730.15. Hama Turner, representing landlord Sunshine Square E &A, said she was present with a representative from AT &T, which is Prime Communications. Varun Murphy, District Manager for Prime Communications, stated they found out they were non - compliant when they received the citation. They then started to correct the situation and requested a fine inspection. They failed, being told it was an issue over a handicap matter. Later they were told by the supervisor that it was compliant. While they were waiting for the license to arrive, they received the citation. They changed to another company to get the license, which they just received on November 13, 2015. Mr. Murphy asked for a reduction because they had to change companies. Decision Ms. Ellis reduced the lien to $750 plus the administrative cost of $730.15. Case No. 14 -1192 FPM Properties LLC No one was present for the case, and Ms. Springer requested that it be tabled. Ms. Ellis tabled the case to January 20, 2016. F. Approval of Stipulated Agreement Case No. 15 -2226 Mitchell Angus 26 i Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida December 16, 2015 Ms. Springer advised it was a Stipulated Agreement that was signed. It stated that the person was to move by December 15, 2015, and he did not. His attorney requested 5 days and the court granted him 3 days. Ms. Springer requested an order for 3 days to comply by December 18, 2015 or $1,000 a day. Decision Ms. Ellis ordered compliance within 3 days, December 18, 2015, or $1,000 a day. Meridian Trust LLC Ms. Ellis signed the Stipulated Agreement for Meridian Trust LLC (page 97) on this day, December 16, 2015. VII. Adjournment Ms. Ellis concluded the meeting at 11:18 a.m. [J. Rubin, Prototype Inc.] 27 CO''' A ECTIONS TO MAGIS TE MINUTES December 16, 2015 Page 13 - After cases #15-1366, 15-1726 & 15-1728 it should state "Ms. Ellis ordered the above cases be certified no fine". Page 16 — After "NO FINE" cases the order was omitted. It should read "Ms. Ellis ordered no fines for the above mentioned cases". The next sentence "Ms. Ellis ordered the above 3 cases be tabled...." should be omitted. Page 17 — After the cases that were certified it should state "Ms. Ellis ordered the fines on the above cases be certified". Page 17 — Case #13-1613 should include 1 occurrence of a violation of the cease & desist order was certified plus administrative fees Page 23 — Question marks should be removed after FDLE. Case #15-2007 — Bernice Potter on page 45 of the agenda does not appear in the minutes. Ms. Ellis ordered the fine be certified. Janu , ry 20, 2016 Page 3 — Case #15-1289 should be 14-1289 Page 5 — Case #15-2239 should be 13-2239 Page 22 — compliance date should be 2/19/16 instead of 2/20/16 Page 22 - Case #15-2222 should not be listed under Lien Certification — Tabled Page 25 — Case #15-2422 -- Respondent's name is 144 Boynton LLC