Minutes 03-16-16
MINUTES OF THE CODE COMPLIANCE/LIEN REDUCTION HEARINGS
HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD.
BOYNTON BEACH, FLORIDA, ON WEDNESDAY, MARCH 16, 2016, 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 9:10 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 2/17/16 Minutes with Corrections
Ms. Ellis approved the minutes with no corrections.
IV. Approval of Agenda
The following changes to the agenda were announced:
Page 2, Case No. 15-1864 was tabled for 60 days.
Page 3, Case No. 15-2718 was tabled for 30 days.
Page 6, Case No. 15-2762 complied.
Page 13, Case No. 16-172 is removed.
Page 17, Case No. 15-2563 complied.
Page 18, Case No. 16-41 complied.
Page 28, Case No. 16-308 was tabled for 30 days.
Ms. Ellis approved the agenda.
Ms. Springer called the roll and determined who was present.
V. New Business
A. Cases to be Heard – Tabled
Meeting Minutes
Code Special Magistrate Hearings
Boynton Beach, Florida March 16, 2016
Case No. 16-53 Burchar LLC
Property Address: 403 NE 6 Avenue
Type of Property: Commercial
Violation(s): CO CH15, SECT 15-120 (B) 280
Sod swale areas.
Officer Cain presented the case, which was a routine inspection. The initial inspection
date was January 6, 2016. It is not a repeat violator. Initial notice was January 6, 2016,
by written notice. Fifteen days were given to comply. The green card was signed on
February 24, 2016. Date of last inspection was March 14, 2016. There is no health or
safety hazard. City recommended 15 days or $100 a day.
Officer Cain presented photos of the property.
This case was previously tabled to allow time to obtain a letter from the Public Works
Engineering Department regarding alternatives to the swale issue. Ms. Ellis read the
email letter dated February 19, 2016, from Kevin Hallahan, Forester Environmentalist,
to Ms. Springer. In the email, Mr. Hallahan recommended that the property owner
receive review and approval of any swale improvements (other than sod), from Franz
LaFontant for use at the next Code Compliance meeting.
Burt Epstein,the property owner
, stated that the email adequately summarized the
conversation he had with Mr. Hallahan. He said the City came by to see a flood area on
his property, and they agreed to dig it out, dig out the swale area and redo it with sod,
hopefully before April 1, 2016.
Decision
Ms. Ellis ordered a 30-day compliance date of April 15, 2016, or a fine of $100 a day
thereafter.
B. Cases to be Heard - New
Case No. 16-98 Laila Kattoura
Property Address: 921 SE 4 Street
Type of Property: Single-family home, non-homesteaded
Violation(s): CO CH13 SECT 13-16
CO CH13 SECT 13-7
Apply for and pass inspection for
Business Tax Receipt and Certificate of
Use and Occupancy for rental property.
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Meeting Minutes
Code Special Magistrate Hearings
Boynton Beach, Florida March 16, 2016
Officer Cain presented the case, which was a citizen complaint. The initial inspection
date was January 11, 2016. It is not a repeat violator. Initial notice was January 15,
2016, by written notice. Fourteen days were given to comply. Notice was posted on the
property and City Hall on March 3, 2016. Date of last inspection was March 14, 2016.
There are no health and safety hazards. City recommended 15 days or $100 a day.
Officer Cain was not aware if application had been made for the Business Tax Receipt.
Michael Kattoura,son of property owner
, said he understood the issue.
Decision
Ms. Ellis ordered a 15-day compliance date of March 31, 2016, or a fine of $100 a day.
Case No. 16-114 Emilienne D. Jeune
Property Address: 603 SW 4 Avenue
Type of Property: Single-family home, non-homesteaded
Violation(s): CO CH10, SECT 10-25
Vehicle cannot block access to the solid
waste containers. Please make sure
that during the pickup date all containers
have clear access for pickup.
Officer Cain presented the case, which was a City department referral. The initial
inspection date was January 12, 2016. It is not a repeat violator. Initial notice was
January 15, 2016, by written notice. Ten days were given to comply. It has complied.
Notice was posted on the property and City Hall on March 4, 2016. Date of last
inspection was March 14, 2016. There could be a health and safety hazard. City
recommended 10 days for compliance and a Cease and Desist. Ms. Ellis reviewed the
facts of the case. Officer Cain said it was an ongoing problem with Public Works.
Emilienne Jeune, property owner
, stated that the cars are not hers, and she has no
idea who they belong to. She was advised to call the police or Public Works to tow the
cars.
Decision
Ms. Ellis issued a Cease and Desist order effective March 17, 2016, or $200 per
occurrence.
Case No. 16-222 Sanchez & Lopez Investments LLC
Property Address: 320 NE 13 Ave
Type of Property: Multi-family
Violation(s): CO CH13 SECT 13-16, 13-7
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Meeting Minutes
Code Special Magistrate Hearings
Boynton Beach, Florida March 16, 2016
CO CH15 SECT 15-120 (D) INC
CO CH10 SECT 10-56 (D)
CO CH10 SECT 10-56 (E)
CO CH10 SECT 10-58 (D)
Apply for and pass inspection for
Business Tax Receipt and a Certificate
of Use and Occupancy for rental
property.
Fix plumbing issues; they are backing
up in the apartments. Repair holes in
exteriors of the buildings. Repair holes
in interiors of the buildings. Remove
outside storage and trash and debris.
Plumbing system and fixtures.
Officer Cain presented the case, which was a citizen complaint. The initial inspection
date was February 1, 2016. It is not a repeat violator. Initial notice was February 2,
2016, by written notice. Ten days were given to comply. Everything has complied
except for the holes on the interior apartments and the Business Tax Receipt. Notice
was posted on the property and City Hall on May 2, 2016. Date of last inspection was
March 14, 2016. There is a health and safety hazard. City recommended 15 days for
compliance or $200 per day. Ms. Ellis reviewed the facts of the case.
Juan Sanchez, property owner
, stated he had the Business Tax Receipt in his
possession. He also said the hole in the wall had been repaired the prior day.
Ms. Springer questioned why the Business Tax Receipt department issued the
Business Tax Receipt without an inspection, noting it was issued on March 8, 2016.
Decision
Ms. Ellis tabled the case for 30 days, until April 20, 2016.
Case No. 16-258 Armenian Cultural Association of
America
Property Address: 850 W Boynton Beach Boulevard
Type of Property: Vacant piece of property
Violation(s): ULDR CH4, ART 9
No excavating, dredging, filling, or
grading activity shall commence without
first securing the necessary City
approval and permits.
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Meeting Minutes
Code Special Magistrate Hearings
Boynton Beach, Florida March 16, 2016
Officer Cain presented the case, which was a City Department referral. The initial
inspection date was February 2, 2016. It is not a repeat violator. Initial notice was
February 2, 2016, by written notice. Ten days were given to comply. Notice was posted
on the property and City Hall on March 2, 2016. Date of last inspection was March 14,
2016. There is no health and safety hazard. City recommended 15 days for
compliance, or $100 per day. Ms. Ellis reviewed the facts of the case.
Ms. Springer stated that this is the second appearance on this matter; there was an
error in the Code issued, so the case was closed and restarted.
Albert Mazmanian, President of Armenian Cultural Association of America
, stated
that none of the listed items have been done on their land. He reported that a City
officer (Ed Breese) had informed him that if he needed to mow only, he would not need
a permit. Mr. Mazmanian’s landscaper accompanied him, and he had an invoice for the
mowing.
Ms. Springer stated she had an email from John Cuzman that said the Building
Department saw the dredging, and that initiated the case.
Decision
Ms. Ellis tabled the case for 30 days, until April 20, 2016, in order to get more
information in writing from the Building Department official who initially gave the
violation. She requested that someone from the Building Department be present on that
day to testify.
Case No. 16-161 J&M Equity Investments LLC
Property Address: 116 NW 14 Avenue
Type of Property: Single-family home, non-homesteaded
Violation(s): CO CH13 SECT 13-16
CO CH13 SECT 13-7 INC
Apply for and pass inspection for a
Business Tax Receipt and Certificate of
Use and Occupancy for rental property.
Officer Hart presented the case, which was a City department referral. The initial
inspection date was January 14, 2016. It is not a repeat violator. Initial notice was
January 14, 2016, by written notice. Ten days were given to comply. Notice was
posted on the property and City Hall on March 3, 2016. Business Tax Receipt has been
applied for, but inspection has not yet been performed to his knowledge. Date of last
inspection was March 15, 2016. City recommended 15 days for compliance, or $100
per day.
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Meeting Minutes
Code Special Magistrate Hearings
Boynton Beach, Florida March 16, 2016
Jean Joseph, member of J&M Equity Investments LLC,
spoke on his behalf. Ms.
Ellis said he needs to contact Code Enforcement to schedule an inspection.
Decision
Ms. Ellis ordered a 15-day compliance date of March 31, 2016, or $100 a day.
Case No. 15-2746 AUM Properties LLC
Property Address: 408 NE 3 Street
Type of Property: Commercial
Violation(s): CO CH10 SECT 10-50
CO CH15 SECT 15-120 (D) INC
CO CH3 SECT 3 (D)
Remove all outside storage not used or
in connection with operating business.
Remove all unregistered and inoperable
vehicles. Tenant J&M Tires is working
beyond the scope of his license as a U-
Haul neighborhood dealer. Cease and
Desist activities. Tenant in N-2 needs a
Business Tax Receipt.
Officer Pierre presented the case, which was a City Department referral. The initial
inspection date was December 11, 2015. It is a repeat violator. Ten days were given to
comply. Signed green card was dated February 4, 2016. No health and safety hazard.
City recommended 10 days for compliance, or $200 per day. Most of the items are
complied except for the Business Tax Receipt. Ms. Ellis reviewed the facts of the case.
Jeff, tenant in N-2,
said he uses the place to store his vehicles. He talked to Officer
Shickles on the telephone to discuss the nature of his vehicles, and Officer Shickles
said there was no problem.
Officer Pierre said more investigation is needed to see if a license is required.
Decision
Ms. Ellis tabled the case for 30 days, until April 20, 2016, in order to find out if a
Business Tax Receipt is required.
Case No. 16-44 Darrell Mitchell & Dorothy Mitchell
Property Address: 1477 SW 26 Avenue, Unit B
Violation(s): Section 105.1 FBC, 2014 ed. BBA
Please renew your expired roof permit,
14-38.
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Meeting Minutes
Code Special Magistrate Hearings
Boynton Beach, Florida March 16, 2016
Officer Pierre presented the case, which was a City Department referral. The initial
inspection date was January 5, 2016. It is not a repeat violator. Notice was sent
Certified Mail on February 2, 2016. Ten days were given to comply. There is no health
and safety hazard. City recommended 10 days for compliance, or $50 per day.
Dorothy Mitchell, property owner,
said she was trying to get the tile roof fixed, but the
roofer keeps delaying. She was advised to renew her roof permit.
Decision
Ms. Ellis ordered a 10-day compliance date of March 26, 2016, or $50 a day.
Case No. 16-97 St. Paul AME Church of Boynton
Beach Inc.
Property Address: 239 NE 9 Avenue
Type of Property: Single-family, non-homesteaded
Violation(s): CO CH13 SECT 13-16
CO CH13 SECT 13-7 (INC)
Apply for and pass inspection for
Business Tax Receipt and Certificate of
Use and Occupancy for rental property.
Officer Pierre presented the case, which was a City Department referral. The initial
inspection date was January 11, 2016. It is not a repeat violator. Notice was sent
Certified Mail February 8, 2016. Ten days were given to comply. There is no health
and safety hazard. Date property last inspected March 11, 2016. City recommended
10 days for compliance, or $100 per day.
Peter McCurdy, Officer at the Church
, said they made application for the Business
Tax Receipt, and showed the receipt. Inspection was scheduled for March 11, 2016,
but they were not there. Officer Pierre said the inspection did occur, but it failed. There
is a list of items needing fixing. Mr. McCurdy said he was aware of the needed
corrections, and they were corrected to the best of his knowledge.
Ms. Ellis reviewed the facts of the case.
Decision
Ms. Ellis ordered a 10-day compliance, until March 26, 2016, or $100 a day.
Case No. 16-111 Molina Family Trust
Property Address: 219 W Boynton Beach Boulevard
Type of Property: Single-family, non-homesteaded
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Meeting Minutes
Code Special Magistrate Hearings
Boynton Beach, Florida March 16, 2016
Violation(s): CO CH13 SECT 13-16
CO CH13 SECT 13-7 (INC)
CO CH10 SECT 10-52
CO CH15 SECT 15-120 (D) INC
Apply for and pass inspection for
Business Tax Receipt and Certificate of
Use and Occupancy for rental property.
Mow and trim all overgrowth. Repair
driveway. Auto repair not permitted use
in zoning district.
Officer Pierre presented the case. The initial inspection date was January 12, 2016. It
is not a repeat violator. Ten days were given to comply. Date of signed green card was
February 16, 2016. Property was last inspected on March 15, 2016. No health and
safety hazard. City recommended 10 days to comply or $200 a day. Driveway, trim
overgrowth, and unregistered vehicles are complied. Officer Pierre said most cars were
removed. Ms. Ellis reviewed the facts of the case.
J. Molina, owner of property
, said she has applied for the Business Tax Receipt, but
was told by the inspector that she has to obtain a permit for the water heater that was
installed.
Decision
Ms. Ellis ordered a 10-day compliance date of March 26, 2016, or $200 a day.
Case No. 16-132 Wilfranc Clerjuste & Laurette
Clerjuste
Property Address: 121 SE 31 Avenue
Type of Property: Single-family, homesteaded
Violation(s): CO CH15 SECT 15-120 (D) INC
Remove all trash and debris from the
property, including the toilet bowl. Trim
overgrown yard.
Officer Pierre presented the case, which was a citizen complaint. The initial inspection
date was January 13, 2016. It is not a repeat violator. Ten days were given to comply.
Signed green card was dated February 3, 2016. Property was last inspected on March
15, 2016. No health and safety hazard. City recommended 10 days to comply or $100
a day. Officer Pierre requested a Cease and Desist order because there is an ongoing
situation with trash and debris. Ms. Ellis reviewed the facts of the case. Officer Pierre
said the overgrowth was no longer in violation. He presented photos of the property.
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Meeting Minutes
Code Special Magistrate Hearings
Boynton Beach, Florida March 16, 2016
Wilfranc Clerjuste, property owner,
said the photos reflected his property. He said he
had removed the toilet bowl and bicycles, but did not know what else to remove. Ms.
Ellis asked the Code Officer to show (in the photo) Mr. Clerjuste exactly what has to be
removed.
Decision
Ms. Ellis ordered a 10-day compliance date of March 26, 2016, or $100 a day. She also
issued a Cease and Desist Order, effective March 27, 2015, or $200 a day per
occurrence.
Case No. 16-179 David Buist & Britton Buist
Property Address: 221 SE 34 Avenue
Type of Property: Single-family, non- homesteaded
Violation(s): CO CH13 SECT 13-16
CO CH13 SECT 13-7 INC
Apply for and pass inspection for
Business Tax Receipt and Certificate of
Use and Occupancy for rental property.
Officer Pierre presented the case, which was a City Department referral. The initial
inspection date was January 21, 2016. It is not a repeat violator. Ten days were given
to comply. Notice was posted on the property and City Hall March 4, 2016. This was
not a health and safety hazard. The City recommended 10 days for compliance, or
$100 a day.
Kelly Buist, attorney and brother of the property holder
, said they applied for the
permit last month. An inspection was scheduled but the tenant missed it; another
inspection has been scheduled.
Officer Pierre commented that some work and clean-up is required outside in order to
pass inspection. The inspection was scheduled for March 17, 2016.
Decision
Ms. Ellis ordered a 10-day compliance date of March 26, 2016, or $100 a day.
IV. OLD BUSINESS
A. Lien Penalty Certifications – Tabled
Case No. 15-2398 Ana G. Orozco
Property Address: 421 NW 2 Street
Type of Property: Single-family, non- homesteaded
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Meeting Minutes
Code Special Magistrate Hearings
Boynton Beach, Florida March 16, 2016
Violation(s): CO CH15 SECT 15-120 (D) INC
CO CH15 SECT 15-120 B
Mow and trim all overgrowth, grass, and
hedges. Remove all unregistered
vehicles and inoperable vehicles.
Officer Cain presented the case. The notice of violation was October 28, 2015. The
Magistrate hearing date was December 16, 2015; respondent appeared. Compliance
date was set at December 26, 2015; fine proposed by Magistrate was $200 a day plus
administrative fees. Violation still exists. Property last inspected on March 14, 2016.
As of today, there are 80 days of non-compliance at $200 a day plus administrative
costs of $730.15. Ms. Ellis reviewed the facts of the case. Officer Cain presented
photos, and the only item remaining to be done is the hedges.
Ana Orozco, property owner, and her husband Xavien Cohen
, said that they had
not been informed that the hedges could not be taller than four feet, but they cut them
back to two and a half feet. She presented photos to Ms. Ellis.
Decision
Ms. Ellis tabled the case for 30 days, until April 20, 2016 to give them time to remove all
the trash.
Case No. 15-1714 Assilient Saint Fort & Rose Philippe
Property Address: 10 NW 28 Avenue
Type of Property:
Violation(s):
Officer Weixler presented the case. He said that Maxine Cheeseman appeared on
January 22, 2016. He wanted to comply the case with no fine.
Decision
Ms. Ellis ordered the case complied.
Maxine Cheeseman, representing the respondent,
commended Officer Weixler for
his customer service and assistance.
B. Lien Penalty Certifications – New
Case No. 15-2517 Tammarra Holdings LLC
Property Address: 427 SW 1 Avenue
Violation(s): CO CH13 SECT 13-7
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Meeting Minutes
Code Special Magistrate Hearings
Boynton Beach, Florida March 16, 2016
Apply for and pass inspection for the
Business Tax Receipt and Certificate of
Use to operate the massage parlor.
Officer Cain presented the case. The notice of violation date was November 6, 2015.
The Magistrate hearing was January 22, 2016, and no one appeared. The compliance
date was set at January 30, 2016. The fine proposed by the Magistrate was $100 a day
plus administrative fees. The property was inspected on March 15, 2016, and the
violation still exists. There have been 45 days of non-compliance at $100 a day plus
administrative fees of $634.12. Ms. Ellis reviewed the facts of the case.
Lorne Alter, manager of Tammarra property,
said he did not appear at the January
30, 2016, hearing because he was informed by the person who issued the license that it
was not necessary. He said he has asked several times for a list of items needing
correction, but has not received anything.
Officer Cain said there was an inspection, but they failed. He said he walked the
property with a person who said he was a property manager (James Brake) in February,
who was informed of the violations at that time. He wrote down the items. Officer Cain
recalled that the items were sod, window screens, and an exhaust fan for the bathroom
in front apartment. Mr. Brake said he would get back with Officer Cain. He did call
twice to say he lost the list and needed an update on what was needed. Officer Cain
told him over the phone what he needed to fix.
Ms. Springer clarified that there are two rental licenses needed: for the massage parlor
and the rental property. The inspection was only for the rental units.
Mr. Alter said there is no actual massage parlor. The individual who lives there is a
licensed massage therapist who works elsewhere, although on occasion a client may
come to the house. Mr. Alter said all the repairs are made, but he was not aware he
had to schedule another inspection, so none was scheduled.
Ms. Ellis said that Mr. Brake should have been present to testify, since he was the one
communicating with the City. Ms. Springer advised that Mr. Brake was a Code
Enforcement Board member prior to Ms. Ellis’ term as Magistrate, so he should be
aware of what needs to be done.
Officer Cain said that he communicated the correct procedures to Mr. Brake.
Decision
Based on the procedure and the testimony given, Ms. Ellis certified the fine of 45 days
at $100 per day plus administrative fees of $634.12.
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Meeting Minutes
Code Special Magistrate Hearings
Boynton Beach, Florida March 16, 2016
Case No. 15-2630 Wells Fargo Bank NA Trustee
Property Address: 170 SE 27 Court
Officer Pierre said the case is complied and the City recommended no fine.
John Foss, representative for the owner
, appeared.
Decision
Ms. Ellis ordered the case complied and no fine.
Case No. 15-2654 Karen Schiff
Property Address: 3566 Salt Lake Drive
Violation(s): CO CH15 SECT 15-16
CO CH10 SECT 10-56 C
Apply and pass inspection for Business
Tax Receipt. Pool must be in sanitary
condition. Remove all debris from the
property. Install minimum size four-inch
house numbers on building to be visible
from the City street. Secure pool; gate
must be self-locking/closing. Fix the
roof. Sod the yard, and de-weed the
property.
Officer Pierre presented the case. The notice of violation date was November 25, 2015.
The Magistrate hearing was January 17, 2016, and no one appeared. The compliance
date was set at February 18, 2016. The fine proposed by the Magistrate was $100 a
day. The property was last inspected on March 7, 2016, and the violation still exists.
There have been 26 days of non-compliance at $1,000 a day plus administrative fees of
$730.15. Since the property is vacant, Officer Pierre said they no longer need the
Business Tax Receipt. Violations still existing are the roof and sod. Ms. Ellis reviewed
the facts of the case.
Lourent Gillot, caretaker at the property and representative of the owner
, said the
owner was in Canada taking care of her ill mother when she was supposed to appear.
Mr. Gillot said he found the notice on the door. He did not appear since Ms. Schiff did
not sign a form stating he was the legal representative. He said all tiles were put back
on the roof. While the owner was in Canada, water was turned off due to a leak. Mr.
Gillot replanted seeds and mows the grass. Ms. Springer advised there were renters in
the property and when Ms. Schiff went to turn the water off, the Utilities Department saw
people living there and could not turn off the water.
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Meeting Minutes
Code Special Magistrate Hearings
Boynton Beach, Florida March 16, 2016
Officer Pierre presented photos. He reminded the Magistrate that when this case came
before the Court previously, there were neighbors who testified. It is a problem
property. Mr. Gillot said it is now vacant.
Ms. Ellis commented that she must take into account the neighbors’ testimony regarding
this property. Mr. Gillot said he has been taking care of the property for free and made
the repairs.
Decision
Based on the history of the case and the testimony from this day and the last month,
Ms. Ellis certified the fine.
D. Lien Reductions – New
Case No. 15-550 Ellereese Murray
Property Address: 351 NE 27 Court
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 March 12, 2015. The
Code hearing was on May 20, 2015, and no one appeared. Compliance date and fine
set was June 4, 2015, or $150 a day. Case came into compliance on November 6,
2015; there were 154 days of non-compliance at $150 a day for a total lien of $23,100
plus administrative fees of $634.12.
Ms. Springer was first contacted by Ms. Murray in November. They found that the front
yard had to be cited, needed to remove bars from bathroom windows, remove dead tree
in rear yard, mow overgrown rear yard, de-weed along the fence and repair the soffit on
the west side of the home. The house was placarded at that time for “unsafe and
unsanitary”; tenant had no water or electricity, and the tenant was told he had to leave.
He immediately paid the water bill, but FP&L pulled the meter. Ms. Murray hired an
electrical contractor to reinstall the meter and get electric service restored to the house;
she evicted the tenant and paid the outstanding water bill.
Ellereese Murray, property owner
, said she spoke many times with Officer Weixler
about the property. She spoke about the confusion in communications. Ms. Springer
stated that the building inspector went out to do the water heater inspection, and Ms.
Murray thought that was the inspection for the Business Tax Receipt.
Decision
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Meeting Minutes
Code Special Magistrate Hearings
Boynton Beach, Florida March 16, 2016
Based on the testimony, Ms. Ellis reduced the lien to the administrative costs of
$634.12.
Case No. 15-889 TDA Enterprises LLC
Property Address: 3220 E Atlantic 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 15, 2015. The
Code hearing was on June 17, 2015, and no one appeared. Compliance date and fine
set was July 2, 2015, or $200 a day. Case came into compliance on March 8, 2016;
there were 249 days of non-compliance at $200 a day for a total lien of $49,800 plus
administrative fees of $634.12.
Ms. Springer said she was contacted on January 25, 2016, and the property was
inspected on February 3, 2016, for the Business Tax Receipt and lien reduction.
Repairs needed were: trim the Florida holly, repair the fence in the front and rear of the
property, repair screen on rear porch, remove rock piles from the rear yard, repair or
remove the light in the front, and pay water bills in excess of $600. When re-inspected
on February 19, 2016, they found a newly installed water heater that was not permitted,
house numbers that had to be placed on the house, and the water bill was unpaid.
Property came into compliance on March 8, 2016 for the Business Tax Receipt and the
lien reduction.
Josh Joseph, property manager
, said he applied for the Business Tax Receipt on July
31, 2015. He called for inspection, but was not able to settle on a date. A person
unknown to him signed the paperwork pertaining to the lien. Their Suite number is
#110, and he said he was sure the letter was not delivered there. He heard of the
violation from the title company. He described the bad conditions that existed there on
December 31, 2015, following a robbery. He has a copy of the police report. As soon
as he found out about the lien, he fixed the violations. He took care of the water heater
and then found out about the house numbers.
Decision
Based on the testimony, Ms. Ellis reduced the lien to $1,000 plus administrative costs of
$634.12.
Case No. 15-1185 RHA 2 LLC
Property Address: 655 W Ocean Avenue
Violation(s): CO CH13 SECT 13-16
CO CH15 SECT 15-120 (D) INC
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Meeting Minutes
Code Special Magistrate Hearings
Boynton Beach, Florida March 16, 2016
Apply for and pass inspection for
Business Tax Receipt for rental
property. Sod bare areas of lawn.
Ms. Springer presented the case. Notice of violation was sent on May 7, 2015. The
Code hearing was on July 15, 2015, and Christina Colone, property manager,
appeared. Compliance date and fine set was July 25, 2015, or $200 a day. Case came
into compliance on February 25, 2016; there were 214 days of non-compliance at $200
a day for a total lien of $42,800 plus administrative fees of $634.12.
Ms. Springer said she was contacted in January of 2016 to confirm compliance and lien
reduction; inspection was done, and it was noted sod was needed in the front yard.
Property was not vacant, so the Business Tax Receipt was necessary, and they also
needed an interior inspection done. The inspection failed: there were missing screens
on the windows and the sliding door, and the electrical panel needed to be labeled.
The Business Tax Receipt was issued and it came for lien reduction on February 25,
2016.
Tracy Lautenschlager, attorney with Greenberg Traurig, representing the property
owner
, said this property was involved in a fraud case resulting in convictions. She
presented a press release regarding the case. The owner had no control over the
properties for some time due to an “imposter” company. The U.S. Attorney’s office
instructed the owner to take no action against the fraudulent tenant for a period of time;
eventually he was evicted, and Ms. Lautenschlager presented the eviction papers. The
renovations were then completed; she believed they were done in January, and the
workers may have been mistaken for tenants. She presented current photos, evidence
of the value of the work performed, and a complete rental inspection including interior
pictures.
Decision
Based on the testimony and the evidence presented, Ms. Ellis reduced the lien to
$1,000 plus administrative costs of $634.12.
Case No. 14-1984 IH2 Property Florida LP
Property Address: 3205 Chapel Hill Boulevard
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 August 20, 2014. The
Code hearing was on October 15, 2014, and no one appeared. Compliance date and
fine set was October 25, 2014, or $500 a day. Case came into compliance on March
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10, 2016; there were 201 days of non-compliance at $500 a day for a total lien of
$250,500 plus administrative fees of $634.12.
Ms. Springer was contacted in May of 2015 for lien reduction inspection; they had to
reseal the driveway, pass the Business Tax Receipt inspection, and finalize permit for
water heater. She was contacted again in February, 2016, when the permit was
finalized; they needed inspection for the Business Tax Receipt. Inspection occurred on
March 1, 2016; the driveway still needed resealing, needed smoke detectors, needed
permit for newly installed air conditioning, needed weather-stripping on back door, and
removal of couch in rear. On March 10, 2016, everything passed for lien reduction.
William Overfelt, a construction manager for Imitation Homes (IH2 Properties), said they
walked the property with the Boynton Beach checklist after the violation was noted.
During the next few months, they experienced issues with the resident setting up
appointments. He explained the details of getting the water heater permit. He said that
IH2 Properties mismanaged the Business Tax Receipt process and apologized.
Decision
Based on the testimony, Ms. Ellis reduced the fine to $5,000 plus administrative costs of
$634.12.
V. NEW BUSINESS
B. Cases to be Heard - New
Case No. 16-150 Beauly LLC
Property Address: 115 SE 6 Avenue
Type of Property: Single-family home, homesteaded
Violation(s): CO CH13 SECT 13-16
CO CH13 SECT 13-7
CO CH15 SECT 15-120 (D) INC
Apply for and pass inspection for
Business Tax Receipt and Certificate of
Use and Occupancy for rental property.
Officer Cain presented the case, which was a routine inspection. The initial inspection
date was January 14, 2016. The sod is complied; all that remains is the driveway. It is
a repeat violator. Initial notice was January 14, 2016, by written notice. Thirty days
were given to comply. Notice was posted on the property and City Hall on March 4,
2016. Date of last inspection was March 14, 2016. There is no health or safety hazard.
City recommended 10 days for compliance or $500 a day. Ms. Ellis reviewed the facts
of the case.
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Julie Hynds, confirmed that the only remaining item was the driveway.
Decision
Ms. Ellis ordered a 10-day compliance date of March 26, 2016, or $500 a day.
Case No. 16-84 Beauly LLC
Property Address: 3135 S Seacrest
Type of Property: Single-family home, homesteaded
Violation(s): CO CH13 SECT 13-16
CO CH13 SECT 13-17 (INC)
Pass inspection for Business Tax
Receipt for operation of Adult Living
Facility.
Officer Pierre presented the case. The initial inspection date was January 8, 2016. It is
a repeat violator. There is no health or safety hazard. City recommended 10 days for
compliance or $500 a day. Officer Pierre stated that this case is for the tenant, who
needs the Business Tax Receipt to run the halfway house.
Julie Hynds, representing Beauly LLC,
said she thought Beauly LLC would not be
cited. Ms. Ellis stated that, according to State Statute, the property owner is responsible
for any violations on their property. When the eviction process is complete, Ms. Ellis
advised Ms. Hynds to send a copy of the eviction complaint and the docket showing
proof it has been filed. Ms. Hynds said the eviction process started previous to the last
hearing.
Decision
Ms. Ellis ordered proof of the eviction process within 10 days (March 26, 2016), or $500
a day.
VI. OLD BUSINESS
A. Lien Penalty Certifications - New
Case No. 15-2553 Adalwin LLC
Property Address: 214 SW 10 Avenue
Violation(s): not specified
Apply for and pass inspection for the
Business Tax Receipt and Certificate of
Use to for the rental property.
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Officer Cain presented the case. The notice of violation date was November 10, 2015.
The Magistrate hearing was January 20, 2016, and they appeared. The compliance
date was set at January 30, 2016. The fine proposed by the Magistrate was $200 a day
plus administrative costs. Violation still exists. Property last inspected on March 15,
2016. As of this day, there are 45 days of non-compliance at $200 per day plus
administrative costs of $634.12.
Ms. Hynds, representing Adalwin LLC
, explained there have been
miscommunications with the resident getting the inspection scheduled. She will pursue
the 24-hour notice and will contact Code Enforcement for a future inspection date.
Decision
Ms. Ellis certified the fine of 45 days of non-compliance at $200 per day plus
administrative costs of $634.12.
Case No. 15-2611 Beauly LLC
Property Address: 216 NW 7 Avenue
Officer Hart said the City recommended no fine; the case is complied.
Decision
Ms. Ellis ordered no fine.
Case No. 15-2609 Beauly LLC
Officer Pierre said the City recommended no fine; the case is complied.
Decision
Ms. Ellis ordered no fine.
Case No. 15-2631 Beauly LLC
Officer Pierre said the City recommended no fine; the case is complied.
Decision
Ms. Ellis ordered no fine.
Case No. 15-2550 Adalwin LLC
Property Address:
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Officer Weixler said the case was tabled until April 20, 2016.
Decision
Ms. Ellis ordered the case tabled to April 20, 2016.
V. NEW BUSINESS
B. Cases to be Heard – New
Case No. 16-102 Willie Lindsey & Idella Lindsey
Property Address: 102 NE 13 Avenue
Violation(s): CO CH13 SECT 13-16
CO CH 13 SECT 13-7 INC
Apply for and pass inspection for
Business Tax Receipt and Certificate of
Use and Occupancy for rental property.
Officer Pierre presented the case, which was a City department referral. The initial
inspection date was January 11, 2016. It is not a repeat violator. There is no health or
safety hazard. City recommended 10 days for compliance or $100 a day.
Brigit Wilburn, daughter-in-law of Ms. Lindsey,
said Ms. Lindsey had been
hospitalized and is now in a long-term rehab center. She said she has just taken over
the paperwork and other matters. She asked for time to meet Ms. Lindsey and fill out
paperwork.
Decision
Ms. Ellis ordered a 15-day compliance date of March 31, 2016, or $100 a day.
VI. OLD BUSINESS
D. Lien Reductions – New
Case No. 14-2411 Federal National Mortgage
Association
Property Address: 706 SW 27 Way
Violation(s): CO CH13 SECT 13-16
CO CH15 SECT 15-120 (E) INC
Apply for and pass inspection for
Business Tax Receipt for rental
property. Repair or replace the
driveway.
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Ms. Springer presented the case. Notice of violation was sent on October 24, 2014.
The Code hearing was on January 21, 2015, and no one appeared. Compliance date
and fine set was January 31, 2015, or $100 a day. Case came into compliance on
February 5, 2016; there were 369 days of non-compliance at $100 a day for a total lien
of $36,900 plus administrative fees of $634.12.
Ms. Springer said the following items needed fixing in December for lien reduction
inspection: sod the yard, repair the irrigation system; paint the house; trim overgrowth,
remove or replace the fence; remove Florida holly; remove trash and debris; obtain
permit for newly installed A/C and water heater; repair soffit and gutter, pay outstanding
water bill, and final open permits. The property was re-inspected in February, and they
still needed to sod the yard, remove trash and debris, repair rear gate, repair soffits, and
pay water bill. They were eligible for lien reduction on February 22, 2016.
Donna Paul, who bought the property from the bank,
said they were given 90 days
to comply and spent approximately $70,000 in repairs and upgrades. It has been
resold. Ms. Springer clarified that the case is a regular lien reduction, not a conditional
release of lien. Ms. Paul said the property sold for $380,000. They purchased it for
$12,000.
Decision
Based on the testimony, Ms. Ellis reduced the lien to $2,000 plus administrative costs of
$634.12.
Case No. 12-471 Ryan Holmes
Property Address: 821 NW 8 Way
Violation(s): CO CH10 SECT 10-56 (A, B, and C)
Repair or replace all damaged or rotted
fascia. Repair, replace, or remove
rotted leaning fence. Install four-inch
address numbers on the building.
Ms. Springer presented the case. Notice of violation was sent on March 15, 2012. The
Code hearing was on May 16, 2012, and no one appeared. Compliance date and fine
set was May 20, 2012, or $500 a day. Case came into compliance on April 22, 2015;
there were 1,060 days of non-compliance at $500 a day for a total lien of $530,000 plus
administrative fees of $634.12. She was contacted in March of 2015 for inspection for
compliance and lien reduction. Case did not comply because the fascia still had rotted
wood. The City was contacted again in April and it still had not complied. In November,
another request was made; it was discovered the pool pump needed repair, and they
needed to secure the property, clean the green pool. Also a door on side of house was
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Boynton Beach, Florida March 16, 2016
replaced without permit. In February, the City was again contacted and an outstanding
water bill had to be paid. It was in compliance for lien reduction on February 25, 2016.
Todd Kevitch, listing broker for the bank that owns the property
, stated that the
property became bank-owned in December, 2014. He said it had been brought into
compliance in April of 2015 according to known violations. At that time, he became
aware of the other issues, which are now resolved. It is now up for sale, for $174,000 in
an auction process; they put about $18,000 into repairs. At this time, Mr. Kevitch said it
is under contract at approximately $185,000.
Ms. Springer presented photos of the property.
Decision
Ms. Ellis reduced the lien to $5,000 plus administrative costs of $634.12.
V. NEW BUSINESS
C. Cases to be Heard at the End of the Hearing - Tabled
Case No. 15-2225 Stephen Colucci & Angela Perry
Property Address: 1240 SW 20 Avenue
Type of Property: Single-family home, homesteaded
Violation(s): CO CH15 ART 10 SECT 15-121, 124
It is unlawful for any person who is
required to register as a sexual predator
or sexual offender under the laws of
Florida to establish a permanent
residence or temporary residence within
2,500 feet of any school, designated
public school bus stop, daycare center,
park, playground, or any other place
where children regularly congregate.
Stephen R. Colucci, occupant.
Officer Hart presented the case, which was a City Department referral. The initial
inspection date was October 8, 2015. It is not a repeat violator. Initial notice was
issued October 8, 2015, via written notice. Thirty days were given to comply. Date
notice sent Certified Mail was February 22, 2016. The green card date was March 2,
2016. Date property last inspected was March 15, 2016. Due to the nature of the case
and the fact that Maine has let the violation go, but the State still requests him to
register, and he plans to move, the City recommended 60 days or $50 a day. Ms. Ellis
reviewed the facts of the case.
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Stephen Colucci
stated there is a statute that says if he does not have to register in
Maine, then he does not have to register in Florida. There is a conflict between fact-
checkers from FDLE. He will meet with another attorney on March 22, 2016. He said
he plans to sell his house and move back to Maine.
Decision
Ms. Ellis ordered a 60-day compliance date of May 15, 2016 or $50 a day.
Ms. Ellis recessed the Court for a short break at 12:01 p.m. and reconvened at 12:06
p.m.
B. Cases to be Heard – New
Case No. 16-154 Joseph J. Dekam
Property Address: 119 SE 31 Avenue
Violation(s): As noted in notice of violation.
Officer Pierre presented the case. The City recommended 10 days to comply at March
26, 2016, or $50 a day.
Decision
Ms. Ellis ordered a 10-day compliance date of March 26, 2016, or $50 a day.
Case No. 16-319 Angelina Lynette Nava
Property Address: 109 NW 6 Avenue
Violation(s): As noted in notice of violation.
Officer Pierre presented the case. The City recommended 10 days to comply at March
26, 2016, or $50 a day.
Decision
Ms. Ellis ordered a 10-day compliance date of March 26, 2016, or $50 a day.
Case No. 15-2769 Amy McCabe
Property Address: 313 W Woolbright Road
Violation(s): As noted in notice of violation.
Officer Cain presented the case, which was a citizen complaint. It is a repeat violator.
The City recommended 30 days to comply at April 15, 2016, or $500 a day.
Decision
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Ms. Ellis ordered a 30-day compliance date of April 15, 2016, or $500 a day.
Case No. 16-19 Frank & Ellen Vonderlancken
Property Address: 527 NW 7 Court
Violation(s): As noted in notice of violation.
Officer Cain presented the case. It is a repeat violator. There is a health and safety
hazard. The City recommended 30 days to comply at April 15, 2016, or $500 a day.
Decision
Ms. Ellis ordered a 30-day compliance date of April 15, 2016, or $500 a day.
Case No. 16-167 MTG Equity Conversion Asset Trust
US Bank National Association Trust
Property Address: 119 NW 13 Avenue
Violation(s): As noted in notice of violation.
Officer Cain presented the case. There is a health and safety hazard. The City
recommended 15 days to comply at March 31, 2016, or $500 a day.
Decision
Ms. Ellis ordered a 15-day compliance date of March 31, 2016, or $500 a day.
Case No. 16-181 Leboeuf Investments LLC
Property Address: 126 W Boynton Beach Boulevard
Violation(s): As noted in notice of violation.
Officer Cain presented the case. The City recommended 10 days to comply at March
26, 2016, or $250 a day.
Decision
Ms. Ellis ordered a 10-day compliance date of March 26, 2016, or $250 a day.
Case No. 16-117 SDS Florida Investments LLC
Property Address: 302 NE 14 Avenue
Violation(s): As noted in notice of violation.
Officer Hart presented the case. It is not a repeat violator. The City recommended 10
days to comply at March 26, 2016, or $100 a day.
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Boynton Beach, Florida March 16, 2016
Decision
Ms. Ellis ordered a 10-day compliance date of March 26, 2016, or $100 a day.
Case No. 16-120 Marie Gedeon
Property Address: 1525 NE 2 Court
Violation(s): As noted in notice of violation.
Officer Hart presented the case. It is not a repeat violator. The City recommended 15
days to comply at March 31, 2016, or $100 a day.
Decision
Ms. Ellis ordered a 15-day compliance date of March 31, 2016, or $100 a day.
Case No. 16-126 Top Renta LLC
Property Address: 1633 N Seacrest Boulevard
Violation(s): As noted in notice of violation.
Officer Hart presented the case. It is not a repeat violator. The City recommended 10
days to comply at March 26, 2016, or $100 a day.
Decision
Ms. Ellis ordered a 10-day compliance date of March 26, 2016, or $100 a day.
Case No. 16-131 Precision Investments LLC
Property Address: 123 NE 15 Avenue
Violation(s): As noted in notice of violation.
Officer Hart presented the case. It is not a repeat violator. The City recommended 21
days to comply at April 4, 2016, or $100 a day.
Decision
Ms. Ellis ordered a 21-day compliance date of April 4, 2016, or $100 a day.
Case No. 16-229 Rosena Aldajuste
Property Address: 115 NE 16 Avenue
Violation(s): As noted in notice of violation.
Officer Hart presented the case. It is a repeat violator. The City recommended 10 days
to comply at March 26, 2016, or $150 a day.
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Decision
Ms. Ellis ordered a 10-day compliance date of March 26, 2016, or $150 a day.
Case No. 16-236 111 NE 16 Ave Land Trust
Property Address: 111 NE 16 Avenue
Violation(s): As noted in notice of violation.
Officer Hart presented the case. It is not a repeat violator. The City recommended 10
days to comply at March 26, 2016, or $100 a day.
Decision
Ms. Ellis ordered a 10-day compliance date of March 26, 2016, or $100 a day.
Case No. 16-255 Tales Gresseau & Jean Arcelin
Property Address: 1615 NE 2 Street
Violation(s): As noted in notice of violation.
Officer Hart presented the case. It is a repeat violator. The City recommended 10 days
to comply at March 26, 2016, or $200 a day.
Decision
Ms. Ellis ordered a 10-day compliance date of March 26, 2016, or $200 a day.
Case No. 16-276 Enrique O. Duran and Maria Duran
Property Address: 1629 NE 3 Street
Violation(s): As noted in notice of violation.
Officer Hart presented the case. It is not a repeat violator. The City recommended 15
days to comply at March 31, 2016, or $150 a day.
Decision
Ms. Ellis ordered a 15-day compliance date of March 31, 2016, or $150 a day.
Case No. 11-3413 Walmart Stores East LP
Property Address: 3200 Old Boynton Road
Violation(s): As noted in notice of violation.
Officer Pierre presented the case. It is not a repeat violator. The City recommended 30
days to comply at April 15, 2016, or $200 a day.
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Decision
Ms. Ellis ordered a 30-day compliance date of April 15, 2016, or $200 a day.
Case No. 15-2715 Jose H. Santiago
Property Address: 1202 Coastal Bay Boulevard
Violation(s): As noted in notice of violation.
Officer Pierre presented the case. It is not a repeat violator. The City recommended 10
days to comply at March 26, 2016, or $50 a day.
Decision
Ms. Ellis ordered a 10-day compliance date of March 26, 2016, or $50 a day.
Case No. 16-17 Soliny Pierre
Property Address: 612 NE 2 Street
Violation(s): As noted in notice of violation.
Officer Pierre presented the case. It is not a repeat violator. The City recommended 10
days to comply at March 26, 2016, or $100 a day.
Decision
Ms. Ellis ordered a 10-day compliance date of March 26, 2016, or $100 a day.
Case No. 16-96 MF Homes 11 LLC
Property Address: 319 NW 4 Street
Violation(s): As noted in notice of violation.
Officer Pierre presented the case. The City recommended 10 days to comply at March
26, 2016, or $100 a day.
Decision
Ms. Ellis ordered a 10-day compliance date of March 26, 2016, or $100 a day.
Case No. 16-148 White Rose Homes LLC
Property Address: 527 NW 10 Avenue
Violation(s): As noted in notice of violation.
Officer Pierre presented the case. The City recommended 10 days to comply at March
26, 2016, or $100 a day.
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Decision
Ms. Ellis ordered a 10-day compliance date of March 26, 2016, or $100 a day.
Case No. 16-149 PBBMD LLC
Property Address: 324 NE 13 Avenue
Violation(s): As noted in notice of violation.
Officer Pierre presented the case. The City recommended 10 days to comply at March
26, 2016, or $100 a day.
Decision
Ms. Ellis ordered a 10-day compliance date of March 26, 2016, or $100 a day.
Case No. 16-180 Sansevieria Investments Inc
Property Address: 3504 SE 2 Street
Violation(s): As noted in notice of violation.
Officer Pierre presented the case. The City recommended 10 days to comply at March
26, 2016, or $100 a day.
Decision
Ms. Ellis ordered a 10-day compliance date of March 26, 2016, or $100 a day.
Case No. 16-182 Jean Daverne
Property Address: 2950 SE 2 Street
Violation(s): As noted in notice of violation.
Officer Pierre presented the case. The City recommended 10 days to comply at March
26, 2016, or $200 a day.
Decision
Ms. Ellis ordered a 10-day compliance date of March 26, 2016, or $200 a day.
Case No. 16-198 Jerome Burgess & Colette Burgess
Property Address: 634 SW 4 Avenue
Violation(s): As noted in notice of violation.
Officer Pierre presented the case. The City recommended 10 days to comply at March
26, 2016, or $200 a day.
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Decision
Ms. Ellis ordered a 10-day compliance date of March 26, 2016, or $200 a day.
Case No. 16-299 Frank Pearsall & Lillian Pearsall Trust
Title Holders
Property Address: 2014 S Federal Highway
Violation(s): As noted in notice of violation.
Officer Pierre presented the case. The City recommended 10 days to comply at March
26, 2016, or $50 a day.
Decision
Ms. Ellis ordered a 10-day compliance date of March 26, 2016, or $50 a day.
Case No. 16-313 William A. Patterson Jr.
Property Address: 190 SE 27 Court
Violation(s): As noted in notice of violation.
Officer Pierre presented the case. The City recommended 30 days to comply at April
15, 2016, or $200 a day.
Decision
Ms. Ellis ordered a 30-day compliance date of April 15, 2016, or $200 a day.
Case No. 16-10 Christopher R. Holmes
Property Address: 2300 NW 1 Street
Violation(s): As noted in notice of violation.
Officer Weixler presented the case. It is not a repeat violator. The City recommended
10 days to comply at March 26, 2016, or $250 a day.
Decision
Ms. Ellis ordered a 10-day compliance date of March 26, 2016, or $250 a day.
VI. OLD BUSINESS
B. Lien Penalty Certifications – New
Case No. 15-2200 Chris Williams
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Code Special Magistrate Hearings
Boynton Beach, Florida March 16, 2016
Property Address: 6683 NW Lava Street
Violation(s): CO CH15 SECT15-120 (D) INC
CO CH10 SECT 15-52
Mow and trim overgrown yard areas.
Remove all unregistered and inoperable
vehicles from property.
Officer Cain presented the case. Notice of violation date was October 2, 2015.
Magistrate hearing date was January 20, 2016, and no one appeared. Compliance date
set was January 30, 2016. Fine proposed by Magistrate was $100 a day plus
administrative fees. Violation still exists. Date of last inspection was March 14, 2016.
Officer Cain said this has been ongoing since October. As of this day, there are 45
days of non-compliance and continuing non-compliance at $100 a day plus
administrative fees of $634.12.
Officer Cain said the respondent called this morning and said his mother is in the
hospital and he had a heart attack. He was not able to comply. Officer Cain said he
would relay the message to the Magistrate. Officer Cain presented photos. Ms. Ellis
reviewed the facts of the case. Officer Cain said that Mr. Williams could not attend
today because of his heart attack.
Decision
Ms. Ellis tabled the case until April 20, 2016.
Officer Pierre stated that the following will be certified as “No Fine.”
Case No. Respondent
15-2361 Marc Schoen & Junya Schoen
15-1590 Lakhmichand N. Kalra Trust Holder
15-2449 Stanley S. Simon & Doris Simon
15-2453 Mia Real Rentals LLC
15-2589 2015 3 IH2 Borrower LP
15-2638 Diane Christie
15-2539 SP Investment Properties LLC
Ms. Ellis ordered the above cases be certified no fine.
Officer Pierre stated that the following will be tabled until April 20, 2016.
Case No. Respondent
14-1289 J S Ende Family Limited Partnership
15-2325 J S Ende Family Limited Partnership
15-1304 J S Ende Family Limited Partnership
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Ms. Ellis ordered the above cases tabled until April 20, 2016.
Officer Pierre stated that the following will be tabled until May 18, 2016.
Case No. Respondent
15-1767 Jimmi Reed & Lillian E. Reed
Ms. Ellis ordered the above case tabled until May 18, 2016.
Officer Pierre read the following into the record:
“The City is 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
today’s 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
15-1580 FBM Leasing Corp
15-2178 Edward J. Karban
15-2186 ABK Properties LLC
15-2373 Jean Meriles
15-2414 Susan H. Cooney
15-2604 US Bank National Association (61 NW 10 Court)
15-2366 Edrica Miller
15-2602 Anthony Rogers
15-1972 Michael Sanches
15-2543 Gloria H. Mosch
15-2598 Eckols 76 LTD & Eckols 86 LTD
Ms. Ellis ordered the fines on the above cases be certified.
VI. OLD BUSINESS
C. Rescission of Magistrate Order
Case No. 15-2359 Myrium Numa
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Ms. Springer presented the case. The original violation letter was sent with the violation
information attached. All notices of hearing had the narrative erased. The City
recommended rescinding the order issued February 17, 2016, and issuing another
order for 30 days of compliance at April 15, 2016, or $500 a day.
Decision
Ms. Ellis rescinded the prior order for Case No. 15-2359 and issued a new order with a
new compliance date of April 15, 2016, or $500 a day.
Case No. 15-2624 Marvin Perry and Maxine Dupont
Ms. Springer presented the case. This was cited for a permit for work done on the
property. The permits were pulled prior to the case coming before the Magistrate. It
should have complied and not have been brought before the Magistrate. City
recommended rescinding the order.
Decision
Ms. Ellis rescinded the prior order for Case No. 15-2624.
Ms. Ellis concluded the hearing at 12:42 p.m.
[J. Rubin, Prototype Inc.]
31